Chair, Carol Billington, called the meeting to order at 7:02 p.m. Present: Wayne Newbegin, Gus Favreau, Peter Walker and Eleanor Dudek. Absent: Brian Libby and Bill Foster. Staff present: Bud Benson, Planning Board Administrator and Donna Sawyer, Planning Board Secretary.
Approval of October 2, and 16, 2006 meeting minutes
Wayne Newbegin made a motion to accept the meeting minutes for the October 2 and 16th meeting minutes as presented. Eleanor Dudek seconded the motion. There was no discussion. All in favor and motion passed.
Approval of Finding of Fact for:
- Retail Sales & Service/Richard Wing & Son, Inc. at Map 14, Lot 46, 80 Ft. Hill Road.
Wayne Newbegin made a motion to waive the reading of the FOF. Peter Walker seconded the motion. All in Favor. Motion passed.
Chair, Carol Billington, told the audience that all Finding of Fact documents are filed at the Town Office and open to the public to review.
Communication:
FLOOR SUBDIVISION/Floor & Cummings – Map 10, Lot 11, 225 Ossipee Trail West
Subdivision Plan Review
Mark Floor, owner, appeared before the members. He said that he has been working on this project for about 14 or 15 months. James Cummings received an approval for a 2,000 sq. ft. retail space at 225 Ossipee Trail East that is owned by James Cummings. One of the conditions of approval was that a loop road must be built to provide frontage for that lot even though it had 400 ft. of frontage. Because of DOT restrictions, the entrance to the Clement homestead had to be removed and entrance to it would be via a loop road that came off Brian Leavitt’s access road. The building of the loop road is now complete.
He provided some background history for the entire parcel. When the property was purchased 3 years ago, there was a homestead exemption for the house and a lot was cut off on the left and right. It was his understanding that the excess land in the back was exempt because it was over 40 acres. He moved forward to try to sell the farmhouse to a prospective buyer. The title company, working on a real estate closing, talked with Bud Benson and asked about selling the farmhouse lot. Mr. Benson said, in his opinion, it would be a subdivision violation. Mr. Floor said he thought the homestead lot was exempt as well as the 40+ acre lot. The sale has not gone forward and he was instructed to submit a subdivision plan to the Planning Board for approval. Specifically, he
was asking for approval so that he could sell the farmhouse.
Carol Billington said that there isn’t a formal application before the Board and that tonight Mr. Floor is bringing only a communication before the Board. Carol wanted to bring the project to workshop.
OLD BUSINESS:
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION, PHASE 2/BUSQUE CONSTRUCTION CO., INC. - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
Chair, Carol Billington, said that a site walk was conducted at this site during the past month. Mr. Benson said that DEP has asked for an extension and the applicant is hopeful that an approval will be coming very soon.
Wayne Newbegin made a motion to table until next month and Eleanor Dudek seconded the motion. There was no discussion. All in Favor and motion carried.
01-05-02-05 JOSIE’S BROOK SUBDIVISION (formerly know as TOMPSON PROPERTY)/James Tompson, QTW, Inc. – Map 6, Lots 18 & 21, 139 Cape Road
Subdivision Plan Review
There was no new information and Wayne Newbegin made a motion to table this project to next month. Gus Favreau seconded the motion. There was 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
Larry Grondin, R. J. Grondin & Sons, was present and asked for final approval for the 5-year renewal and pit expansion located on Middle Road. He provided some history saying that the process began last March for this existing pit. Shortly after the pit’s approval in 2001, the shoreland zoning setbacks changed from 250 ft. to 100 ft. It was discovered that the previous zoning was inconsistent with actual conditions so this project has taken several months to be approved while new zoning delineation, etc. was completed and the Town Council approved a zoning change within the area of Little Watchic Pond. Two additional monitoring wells have been installed to provide seasonal high water table levels and the bond amount has been agreed to at $3,000/acre for reclamation
of 15 acres (10 acres for working pit and 5 acres for stockpile/storage. That Bond is for $45,000 now.
He asked the Planning Board if they had questions. Mr. Benson stated that the zoning map has been changed to reflect what is on the ground in that area. DEP has to agree with this zoning amendment. Discussion then moved to the stipulations for the Finding of Fact. Mr. Benson said it would be nice if all of the conditions are placed on the site plan.
Chair, Carol Billington, asked for public comment. There was none.
Wayne Newbegin made a motion to approve this gravel extraction renewal with a pit expansion subject to the following conditions:
1. This approval is for mineral extraction only. Once seasonal high water is determined, the site plan will be modified and pit floor elevations must remain five feet above the high water table. Limit of excavation is the same as the reclamation plan. Thickness of loam and clay material layer not to exceed a depth of 3 feet. Only clean fill that would not pollute the groundwater may be used to bring the pit 2.5:1 side slopes to reclamation grade.
2. In no case shall the total area needing reclamation exceed 15 acres. This includes working pit plus all associated on-site storage areas and stockpiles.
3. A surety bond for reclamation will be established. An engineer’s cost estimate for reclamation must be submitted by applicant and then reviewed and approved by town staff. After receiving the applicant’s engineer’s estimated cost for pit reclamation, Town staff will either approve the cost estimate or return the item to the Board. Once the revised reclamation bond amount has been agreed upon, then a new Surety Bond for that amount running for annual permit period from June 29, 2005, to July 1, 2006, will be required. Bond language to be approved by town attorney. A performance bond in the amount of $45,000 is required. This amount assumes a
cost of $3000/ acre for a total of 15 acres. This includes only 10 acres of working/non-reclaimed pit plus 5 acres for aggregate storage that will need to be reclaimed once the piles are removed. Bond language will need a review by our town lawyer as to legal sufficiency. In no case shall the total area needing reclamation exceed 15 acres. This includes only 10 acres of working pit and associated on site non-vegetated storage areas and stockpiles.
4. Topsoil shall not be removed from the site, but shall be retained on site for reclamation. Adequate loam to cover all reclamation needs shall be retained on site for the purpose of reclamation. A minimum of 550 CY of loam per acre of reclamation shall be preserved on site or hauled to the site and then retained on site for the required reclamation.
5. A minimum of one steel cased monitoring well with lockable cap will be installed per phase within the pit floor. Well depth will reach a minimum of 10 feet below the lowest elevation within that phase or into the ground water table.
6. Seasonal high water within all monitoring wells should be observed and reported by a registered professional engineer or geologist. Annually records of the seasonal high water table elevation should be kept by the applicant and submitted to the town’s Code Enforcement Officer, prior to the annual July gravel pit permit renewal.
7. Blaze the property lines at minimum 100’ intervals along the areas adjacent to existing and proposed pit, if not already done.
8. 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
9. Project is subject to Maine Department of Environmental Protection approval of the town’s new zoning map.
All new conditions of approval with existing condition of approval shall be added to the plan.
Gus Favreau seconded the motion. There was no public comment. All in Favor and motion carried. Carol Billington reviewed the standard motion with the applicant.
02-07-03-06 BEECHWOOD SUBDIVISION/Design Dwellings, Inc. – Map 6, Lot 89D, 270 Bonny Eagle Road
Cluster Subdivision Plan Review Received Preliminary Approval 9/11/06
Wayne Newbegin made a motion to table until next month. Eleanor Dudek seconded the motion. All in Favor and motion carried.
03-08-07-06 RETAIL BUSINESS UNDER 2,000 S.F./Jeffrey S. Nemet – Map 35, Lot 23, 41 Ossipee Trail West
Site Plan Amendment
Mark Floor, property owner of this property located on Ossipee Trail West, was present. Mr. Floor said he became aware of the status of this project after the October Planning Board meeting. He wanted to talk about the issues that have surfaced as a result of this application. He began with the paved parking lot at the side of the building. The Board wanted the parking in the back and Mr. Floor said it is not feasible to move the parking to the back because of the location of the septic system. The property had been approved as a day care center. The current tenant at the property wanted approval to sell antiques. Other issues were buffering and Mr. Floor said there is a row of trees between the pizza shop and this property. Previously Mr. Floor said he cut 8 trees
to allow him to plow the snow from the parking lot. He would like a waiver for the tree buffering. Mr. Floor said he is willing to install a sidewalk along the front of the property. The tenant is willing to close off the second driveway that is gated now when the business is open.
Carol asked for questions from the members. Mr. Newbegin asked about the gate used to close off the driveway. Eleanor asked about the location of the parking lot. Carol said because it is an existing property, some standards can be waived to the maximum extent possible. It was decided to have this project come back to workshop on November 13th as the second agenda item. Carol asked if the owner of the business owner could come to the workshop. Carol reviewed the items that needed to be discussed, i.e., sidewalk location, buffering, traffic concerns, better site plan, etc. Carol reiterated that the day care approval has expired and shouldn’t be a part of this approval and perhaps some of the ordinances have changed. By approving this use from
residential to retail means approving a site plan for retail use. It also means that someone else, in the future, could come along and use the site for a different retail use. Mr. Floor agreed to be at the next workshop to be held on November 13th.
05-08-07-06 WILDWOOD (formerly CHADBOURNE ROAD SUBDIVISION)/Gilbert Homes – Map 19, Lot 56, 733 Chadbourne Road
Cluster Subdivision Plan Review
Chris DiMatteo, Sebago Technics, was present representing Gilbert Homes, Inc. Mr. DiMatteo said they have abandoned the entrance to this subdivision via Lucky’s Run in the adjacent Corrine’s Place Subdivision. The new plan before the Board is a 7-lot clustered subdivision with a 60’ wide access road from Chadbourne Road. He was ready to schedule a site walk.
Each lot is approximately 40,000 sq. ft. There is 60’ wide ROW’s for future access to the 50 ft. ROW to Lucky’s Run and to the abutting subdivision onto Busque Boulevard to the south.
He then went over some of the specifics as it pertained to Bud’s memo to the Planning Board. Abutters within 200 ft. are shown and all other buildings are outside of 200 ft. He is working on homeowners’ documentation and deed restrictions. Wells within 200 ft. will be shown, if there are any. Bud suggested that a ROW might want to be considered to the Woodbury’s to the south. He will show test pits. Bud said that DEP normally requires nitrate studies to look at the cumulative effect of the septic systems on the abutting properties, if there are wells there.
Mr. DiMatteo asked about what Mr. Benson wanted to see for the rain garden details. Mr. Benson asked who would be developing the rain gardens and Mr. DiMatteo said the developer would be installing. Mr. Benson wanted to see more detailed construction documents because the rain gardens were being substituted for a detention pond. He wanted to make sure they would be built to do their job properly.
Mr. DiMatteo concluded by saying he is working with DEP and is meeting them on November 20th because of a full NRPA application.
Eleanor Dudek asked about the ROW. She thought a walking trail developed within the subdivision and abutting subdivisions would provide a means for recreation for the residents of the subdivisions.
Chair, Carol Billington, asked if anyone in the audience had questions. Dave Woodbury, abutter to this proposed subdivision, approached the microphone had concerns about the access road to this subdivision being moved to Chadbourne Road. Mr. Benson said that the roadway and ditches wouldn’t fit into the 50 ft. right of way off Lucky’s Run. Our code states that dead end street lengths cannot be more than 2,500 ft., and at some time in the future, there may need to be a loop road to access the old gravel pit in back of this proposed subdivision. That is why there are paper right of ways on subdivision plans. Mr. Woodbury’s other concern was his well being within 200 feet from the proposed access road. Mr. Benson said that probably the groundwater movement in the
area from Sebago Lake is toward the wetland out back and that is the direction nitrates would probably travel. It is standard procedure to study nitrate flows. Carol Billington invited Mr. Woodbury to the workshop scheduled for November 13.
Carol scheduled a site walk for Saturday, November 11th at 9:00 a.m. This project will be the 3rd item discussed at 8:00 p.m. at the workshop on the 11th.
01-09-11-06 COTTAGE SETBACK/William & Patricia Kachinski- Map 49, Lot 15, 26 Sand Bar Road
Shoreland Zoning Review
The applicants asked to have this project tabled for another month.
Wayne Newbegin made a motion to table until next month and Peter Walker seconded the motion. No discussion. All in favor and motion passed.
There was no new business. Chair, Carol Billington, said that there is an Ordinance Committee meeting the 3rd Tuesday, November 21st at 7:00 p.m. for the purpose of discussion of Comprehensive Plan. The 2nd Planning Board Workshop in November is cancelled.
Chris DiMatteo asked if the Board had thought about having the workshops before coming to the Planning Board. Carol said that occurred with a communication to the Board and then to workshop. Mr. Benson said that the planning board meetings are aired and if the general public wanted to come to a public meeting, they would via the workshops that are held one week after the meeting.
Gus Favreau made a motion to adjourn the meeting and Eleanor Dudek seconded the motion. All in favor and motion carried.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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