Please note that this meeting was not held on July 3rd, as scheduled. It was moved to July 10th because of the July 4th holiday.
Chair, Carol Billington, called the meeting to order at 7:00 p.m. Carol welcomed the 2 new members to the Board. They are Gus Favereau and Peter Walker. Carol announced that both were members of the Comprehensive Plan Committee and participated until the process concluded.
Members present: Wayne Newbegin, Gus Favereau, Bill Foster, Eleanor Dudek and Peter Walker. Absent: Brian Libby. Staff present: Bud Benson and Donna Sawyer.
Carol asked for approval of the June 5, 2006 minutes. Wayne Newbegin made a motion to approve the June 5th minutes as typed. Eleanor Dudek seconded. There was no discussion; all in favor. Motion carried.
Chair, Carol Billington, asked for nominations for a new Chairman and Vice Chairman for the current year. Wayne Newbegin made a motion to retain the current Chairman and Vice Chairman for the next year. Bill Foster seconded the motion. Discussion followed. Discussion focused on whether a new Vice Chair should be elected. Wayne Newbegin said he would accept the position of Vice Chair if he was nominated. Carol asked or a vote on the motion on the floor. The motion didn’t pass; all were opposed.
Eleanor Dudek made a motion to nominate Carol Billington as Chair for the upcoming year. Wayne Newbegin seconded the motion. All in favor and motion passed.
Eleanor nominated Wayne Newbegin as the Vice Chair for the upcoming year. Gus Favereau seconded the motion. All in favor and motion passed.
Finding of Fact:
Amendment to Knight’s Woods (formerly Hartwell Subdivision), Map 14, Lot 79-1 to correctly show the center line of the existing drainage way on Lot 79-1 that was shown incorrectly on the previous plan. This is the only change.
Wayne Newbegin made a motion to accept the FOF and Gus Favereau seconded. Motion passed.
Communication:
- Reschedule workshop to July 17, 2006. It was agreed to move it.
- Discussion of right of way of Lucky’s Run at Corrine’s Place.
Mr. Benson said the owner of the property of Map 19, Lot 56, which is next door to the Lucky’s Run, has asked that the Town Council take action by taking the right of way to Lucky’s Run. Lucky’s Run is before the Town Council to be accepted by the town as a town road. Bud asked the members to look at an aerial photo in their packages for the location of this right of way. The Town Manager and Council are asking for a discussion of the ramifications of this action. Bud said that it would be less than 2,500 feet to the end of the proposed new road into this new subdivision. Mr. Foster said he felt that when Corrine’s Place was approved was not to have another dead end road off that, but to have a cross road and be able to connect two subdivisions
together.
Carol referred to the letter written by Don Gilbert, of Gilbert Homes, asking for the town to take the ROW into his parcel on Chadbourne Road because he cannot obtain a MDOT permit for a curb cut. Bud Benson wanted feedback on this item from the members. Discussion ended.
UNFINISHED BUSINESS
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC., - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
There was no one present for this project and the applicant was asking for the project to be tabled until next month.
Wayne Newbegin made a motion to table until next month and Bill Foster seconded the motion. All in favor and motion passed.
01-05-02-05 JOSIE’S BROOK SUBDIVISION (formerly known as Tompson Property)/James Tompson, QTW, Inc. – Map 6, Lots 18 & 21, 139 Cape Road
Subdivision Plan Review
Wayne Newbegin made a motion to table the project until next month and Peter Walker seconded the motion. No discussion. All in Favor and motion carried.
01-05-01-06 GRAVEL EXTRACTION/R. J. Grondin & Sons – Map 9, Lot 15, 295 Middle Road
Gravel Pit Expansion
Mr. Benson said that the town’s zoning map shows a freshwater wetland connected to the pond. A freshwater wetland is scrub shrub which is bushes that grow less than 18’ tall and it has to be over 10 acres or connected to the pond. When you go out, there is a little stream to cross and in the area where that crossing takes place, the trees are over 18’ tall so the scrub shrub area is not connected to the pond by scrub shrub. It is a forested wetland and the town’s zoning map is in error because it shows a freshwater wetland. The scrub shrub area is only 5.6 acres and after a field visit by Mr. Morse of DEP, he agreed with Sebago Technics re-delineation.
Mr. Benson said that he and Mr. Morse also looked at a small area adjacent to Little Watchic Pond that still needs to be delineated. It is shown as wetland but it is forested wetland and there is some freshwater wetland. A little bit more field GPS work needs to be done, and the delineator will be doing the work this week. The zoning map is going to be updated for the Council.
Carol Billington asked how long the process would take? Mr. Benson said probably the work would be done by next month’s meeting. Bud urged the members to take a site walk during the next month before the August meeting of the planning board.
Walter Stinson, Sebago Technics, was present to represent R. J. Grondin & Sons in this application. He requested a site walk between tonight and next month’s meeting. Mr. Benson said this would be the 3rd site walk needed before next meeting and perhaps it should be done separately. It was decided to have 2 site walks on 2 different evenings.
Wayne Newbegin made a motion to table this project for another 2 months, until September. Bill Foster seconded the motion. No discussion. All in favor and motion passed.
The site walk will be July 24 at 6:00 p.m. at the Grondin site. Bud will prepare the map showing how to get to the pit. Bud asked that they meet at the pit’s gate.
01-06-05-06 Cottage Setback/Charles Coffin – Map 51, Lot 11, 1555 Richville Road
Shoreland Zoning Review
David Coffin, Charles Coffin’s brother, was present to represent the Charles. He said that all information has been forwarded to the planning board. Chair, Carol Billington, said that the biggest question was whether or not the bottom of the basement was 1 ft above the 100 year floodplain and the applicant had to prove it.
Mr. Benson said that during the site walk he was unaware that the water level at the time was 6” above the high water level or more of the normal seasonal high water level. On the day of the site walk it was high by 6”. Carol Billington spoke about the shoreland zoning code and said that each application should be reviewed the same. The questions for the Board are the structure moved back away from the water to the greatest practical extent and that is determined while on the site walk. Carol read from the shoreland zoning manual under Section 237-16D 3, (a) through (h) that there are several other standards that need to be reviewed.
Mr. Benson read from 237-16 D (1), second sentence . . .”The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application.” Bud said the Board could approve or deny an application, if the Board knew of an issue.
Carol Billington said she is also aware that there is a tight turnaround time for a complete application and it is 35 days. Permits are good for 6 months.
Carol asked for questions from the Board or the public. There was none.
Carol read the recommendations in Bud’s memo. They are:
1) Planning Board approval is limited to structure setbacks to the maximum practical extent and the approval is limited in duration to a period 6 months from date of approval.
2) Lot is grandfathered with 10 ft side setbacks. No portion of the proposed new structure may intrude further into the side setback than the existing building.
3) Applicant’s camp appears to be within the 100-year flood plain and will need to prove to the CEO that the lowest floor is a minimum of 1 ft above the 100-year flood elevation.
4) Stormwater infiltration plan to be submitted by applicant and approved by CEO.
5) Erosion & sediment control plan to be submitted by applicant and approved by CEO.
6) Standard condition of approval.
Carol asked for a motion. Wayne Newbegin made a motion to approve with recommendations as presented in Bud’s memo and as read by Carol above. Gus Favereau seconded the motion. No more discussion. All in Favor and motion carried. Carol read the standard condition of approval to the applicant.
02-06-05-06 Cottage Setback/Lake Properties, LLC (Scott Symonds) – Map 50, Lot 27, 15 Wards Cove Road
Shoreland Zoning Review
Scott Symonds approached the podium and said he had met with the Board members for a site walk on his cottage lot at Wards Cove Road. Carol stated it was a straight forward application and referred to Bud for comment.
Mr. Benson said that the seasonal high water line wraps around this lot and goes up into Sucker Brook and it is the elevation 266.5 ft that wraps around the lot. Carol reviewed Mr. Symonds’ request and said that Building B is coming down and Building A is being moved forward with the back corner touching the right of way. So, it is being moved as far back as possible. Carol asked for questions; there was none from the Board or public.
Wayne Newbegin made a motion to approve the project with the recommendations of Mr. Benson and to change the 100 year flood plain to be a minimum of 1 ft. above the 100-year flood elevation. Carol read the conditions of approval as follows:
1. Planning Board approval is limited to structure setbacks to the maximum practical extent and the approval is limited in duration to a period 6 months from date of approval.
2. Lot is grandfathered with 10 ft side setbacks. No portion of the proposed new structure may intrude further into the side setback than the existing building.
3. Applicant’s camp appears to be within the 100-year flood plain and will need to prove to the CEO that the lowest floor is 1 ft above the 100-year flood elevation.
4. Stormwater infiltration plan to be submitted by applicant and approved by CEO.
5. Erosion & sediment control plan to be submitted by applicant and approved by CEO.
6. Standard condition of approval.
Eleanor Dudek seconded the motion. No more discussion from Board or the public. All in favor and the motion passed. Carol stated that the project was subject to the Standard Condition of Approval which reads:
This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
NEW BUSINESS:
01-07-03-06 COTTAGE SETBACK/Larry & Suzanne White – Map 48, Lot 2, 15 Harbor View Way
Shoreland Zoning Review
Larry White came forward to present his project to the Board to tear down an existing cottage at Sebago Lake and move back as far as practical with a new dwelling. Albert Frick was present to answer any questions, if needed.
Mr. Benson, Planning Administrator, talked about the camp to be removed and relocating the building footprint, which will be building a cottage. Mr. Benson said that the Planning Board is not reviewing the sq. footage calculations as that is the code enforcement officer’s responsibility. The Board is looking at what is being proposed, not the volume or sq. footage. Carol asked for a site walk to be scheduled. Discussion followed on how the walk would take place on opposite ends of the town. The site walk was scheduled for 5:30 p.m. on July 17th.
02-07-03-06 BEECHWOOD SUBDIVISION/Design Dwellings, Inc. – Map 6, Lot 89D, 270 Bonny Eagle Road
Cluster Subdivision Plan Review
Walter Stinson, Sebago Technics, was present representing Design Dwellings, Inc. for a subdivision at 270 Bonny Eagle Road. He said that the sketch plan was presented in April and later a workshop session in April 2006. The plan before the Board is a preliminary subdivision plan that is based on some of the feedback received from the workshop meeting. The subdivision is located with frontage off of Route 35. It is on the easterly side of Route 35, just south of Spear Road, and the parcel is approximately 29 acres in size and bisected by a zone line of residential and rural.
The project has been designed under the cluster subdivision section of land use code and 11 clustered lots are shown on the plan. Those lots were brown on the plan rendering presented and will be served by Alec Drive into the subdivision to be built to town standards. It is approximately 1,400 feet from Rte 35 to the end of the cul-de-sac. There will be onsite sewage systems and the soil test results have been submitted with the application. There is a small area of the lot that is shown on the FEMA 100 year flood plain map. It is out of the developed area of the project. The freshwater wetlands are shown also. The biggest change between this plan and the sketch plan is the location of the driveway as it enters along Route 35. The frontage for the project is southerly of
where the proposed driveway enters. In April, the Board preferred that the driveway be located away from a home so Design Dwellings has been in contact with the 2 families that abut the property. A series of land swaps involving all 3 landowners with the net result being that Design Dwellings now has right, title and interest to the area where the existing driveway to the Pierce residence.
Mr. Stinson asked for questions. Bud Benson, Planning Administrator, asked if Mr. Stinson had had an opportunity to review the comments in his memo to the Board members. Mr. Stinson said there were no troubling items. Bud suggested a site walk. Carol asked about open area and the swapped land. Bud said that the rendering on display didn’t show the common area it contains either Pond 1 or Pond 2. Sheet 2 of 6 shows a pond behind the fire tank. These details will be worked out at a workshop. The site walk was scheduled on July 17th at 6:15 p.m.
Walter Stinson asked if it would be premature to ask for preliminary approval tonight? Carol said yes and since she has been on the Board, preliminary approval has never been given without a site walk.
Third party peer review is standard at $200 per lot. Carol asked for comments from the public. The site walk was firmed up to take place at 6:15 p.m. on Monday, the 17th.
Eleanor Dudek made a motion to adjourn and Bill Foster seconded the motion. All in favor. Motion passed.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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