Chair, Carol Billington, called the meeting to order at 7:04 p.m. Present: Wayne Newbegin, Peter Walker, Brian Libby, Bill Foster and Eleanor Dudek. Absent: Gus Favreau, Staff present: Bud Benson, Planning Board Administrator and Donna Sawyer, Planning Board Secretary.
Approval of November 6, 2006, meeting minutes
Wayne Newbegin made a motion to accept the meeting minutes for the November 6, 2006, meeting minutes as presented and Peter Walker seconded the motion. There was no discussion. All in favor and motion passed.
Approval of Finding of Fact for:
- 5-Year Gravel Extraction Renewal & Expansion/R.J. Grondin & Sons – Map 9, Lot 15, 295 Middle Road
Wayne Newbegin made a motion to waive the reading of the FOF and Brian Libby seconded the motion. All in Favor. Motion passed.
Brian Libby made a motion to approve the FOF as presented and Wayne Newbegin seconded the motion. All in favor and motion passed.
Communication:
There were no communication items to present.
OLD BUSINESS:
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION, PHASE 2/BUSQUE CONSTRUCTION CO., INC. - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
Wayne Newbegin made a motion to table until next month and Peter Walker 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
Owens McCullough, Civil Engineer at Sebago Technics, was present on behalf of QTW, Inc. to discuss the Josie’s Brook Subdivision. James Tompson, developer of the project was also present. Mr. McCullough began by reviewing why it had taken so long since preliminary approval to bring it back for final approval. They have been waiting for a FEMA letter of map revision (LOMR) because the FEMA maps for the floodplain in this area were in a Zone A, an undefined zone. An extensive analysis took place and the data was submitted about 15 months ago to FEMA for review. After a series of new project managers at FEMA, the project finally got its review.
He provided a project overview. Preliminary approval was given in August 2005 for this 14 lot subdivision sited on 69 acres of land. It is split into 2 zones with the bulk of the property is in the rural zone and some in the Village Center zone. Rural zones require 120,000 sq. ft and the other 80,000 sq. ft. There are wetlands on the property and a floodplain associated with Josie’s Brook. The process to delineate the wetlands, soil testing, etc. was a long process. They also had to get approval from the Maine Department of Environmental Protection for 2 permits. The first one was for stormwater management and the second a Natural Resource Protection Act, (NRPA) wetland alternation permit. Both were filed and received approvals in March 2005.
The project will be served by a 2,400 ft. roadway from Cape Road with a small right-of-way to abutting land, if needed in the future. The road will have underground electric and telephone provided. There are some stormwater buffers on the property and all building envelopes are designed around the wetlands, around the floodplains. A full 2 ft. topographic survey was done on the property as well as a full boundary survey.
Construction is phased with the first phase ending with a hammerhead that would be eliminated when the second phase is done with another hammerhead. There is a 12,000 gallon fire tank cistern proposed and will be moved to Lot #1. All of the lots will have foundations with positive drain outlets as is customary with any house he builds. All of the house foundations will be built at least 1 ft. above the 100 year floodplain and that notation will be on the final plan. The surveyor will have to issue a flood insurance certificate for each of the lots.
In the memo, Bud Benson, Planning Board Administrator, had asked that there be a requirement that basement floor elevations be above the septic system elevations. Mr. McCullough said that would happen on most of the lots, but he asked to have some flexibility with this requirement because not all of the houses are designed with gravity sewer out of the basement of their house. Positive foundation drains will come from the houses. Lots 1 through 5 concerned Mr. Benson the most and Mr. McCullough said the builder would be happy to work with the town on this requirement.
The location map has been revised and the road name is Lindsey Drive. He further stated that P&K Construction prepare a cost estimate for the road and shows costs for the phased construction. He referred to the traffic impact fee that totals about $29, 331.00. He said that Mr. Tompson wants to discuss this issue with the Board members tonight and the 3% escrow requirement.
He said he has complied with Bud’s request for the lot numbering and addressing within the subdivision.
The Performance Guarantee, as required by our Ordinance, asks for 100% for the improvements and Mr. Tompson wants to build the road before he sells any of the lots or pulls building permits. Since Mr. Tompson is proposing to not sell any of the lots until the roads are built, there isn’t any risk to the town. Mr. Tompson is asking that in lieu of a Performance Guarantee, he would like to add a note that says: “In lieu of a Performance Guarantee for the construction of the project improvements, no lot or parcel may be conveyed and no building permit for any lot on any portion of the development shall be issued by the building inspector until the completion of all street, utility and other public or quasi-public improvements if the applicant wishes to convey a lot prior to all project
improvements being completed, a performance guarantee equal to the cost of the remaining improvements shall be submitted to the Town Planner and approved by the Town Manager and attorney.” Mr. McCullough said that this means you can’t sell any lot or build any houses until you get the road in place and Mr. Tompson would like to pursue this, if agreeable to the Town.
The streetlight impact fee will be paid in the amount of $1,800. Mr. McCullough said if the Board would like another site walk, he would be available for it. Nothing has changed on the preliminary plan with respect to the lots and road. The town’s engineer has done a preliminary review and he will be reviewed again on the final plans. Phasing has been added to the plan. Considerable time has been spent reviewing wetlands for mapping and Bud and Peter Tubbs have walked the area.
Carol Billington, Chair, asked if the members had any questions. Wayne Newbegin asked about Phase 1 turnaround and the Phase 2 turnaround. Owens said Phase 1 will have a turnaround and once all houses are built in that phase, then Phase 2 road will be built to the end with a turnaround. Phase 1 turnaround will then be removed. Mr. Benson said that the turnaround had to be on the right side in order to plow in the winter.
James Tompson, the developer, spoke next. He had questions about the impact fee, specifically the out parcel lot on Route 35A. Did he have to pay an impact fee on that lot? Technically, it is a lot within the subdivision even though it is accessed from Route 35A, and still counts as a lot because it was broken off in the last 5 years. Mr. Tompson addressed the construction of the internal road to be built within the subdivision. No permits can be issued until the road is built and Mr. Tompson wanted to go ahead and build the road because putting all of the escrow requirements in place is expensive. Can the town help him out? Mr. Benson referred to Section 181-88 E of the code that addresses this issue. Mr. Benson read that section. He followed by stating that a final
plan has to be recorded with all of the easements and conditions of approval at the Cumberland County Registry of Deeds. Mr. Tompson asked who he could speak with or work with to make a change to this ordinance. Mr. Benson said the Ordinance Committee.
Mr. Tompson asked again if anyone wanted a site walk. There was no interest. Mr. Tompson asked if final approval was possible tonight. Mr. Benson said the plan was not in final format for approval tonight.
Lastly, the developer asked to pay the traffic impact fee in increments. No action was taken and Mr. Benson said he would review the traffic impact fee section of code.
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 and Brian Libby seconded the motion. All in Favor and motion carried.
03-08-07-06 Home Occupation, Level 3 with Retail Sales, Section 181-35.3/Jeffrey S. Nemet – Map 35, Lot 23, 41 Ossipee Trail West
Site Plan Review
Mark Floor, property owner of this property located on Ossipee Trail West, was present. Mr. Floor said he had met with the planning board in a workshop after last month’s meeting. He felt a consent agreement had been reached and he will install a partial sideway in front of the parking lot. Another concern was buffering around the lot. There are existing trees that meet the 30’ spacing. It is not feasible to change the existing parking lot to the back of the building. Because the property has 2 driveways, one would remain gated at all times. The project has come back as a Level 3 Home Occupation Retail Sales. This means that if someone else comes forward for another retail use, he/she will need to obtain a site plan approval.
Some discussion followed regarding the sidewalk. Mr. Floor said there was agreement in the workshop that the sidewalk didn’t need to be paved and would be 4 ft. wide. However, Bud’s memo indicated the sidewalk needed to be paved. Mr. Benson said the sidewalk would be from the existing driveway to the Standish House of Pizza. Mr. Foster said he would not vote for the project if the sidewalk wasn’t paved. He said it is required in this section of town. Mr. Newbegin said that during the workshop the sidewalk didn’t need to be paved and would be 4 ft. wide and go from the upper driveway to the House of Pizza and that was the agreement with the applicant.
Bill Foster said he wouldn’t vote for the project unless it had a sidewalk. Carol asked for comments from the public. There was none. Wayne Newbegin made a motion to approve the project with the following conditions of approval:
1.) Combined home occupation area and retail display area must be kept to less than 715 SF. The display area kept less than 600 SF.
2.) Limit the curb cut to what was previously approved i.e. gating off one curb cut during operating hours.
3.) Require MDOT driveway application for change in use.
4.) No outdoor display because of the potential safety hazard on the arterial.
Carol Billington asked about the sidewalk to be included in the condition of approval. Carol added:
“Per Town standard a 4 ft wide unpaved pedestrian way with an aggregate 8” sub base will be built from the House of Pizza to the upper driveway of this property. No one seconded the motion.
Bill Foster made another motion to approve the project with conditions as per Bud’s memo. #1, #2, #3, #4 with a 4 ft. wide sidewalk across the entire frontage of the property, and #7. Eleanor Dudek seconded the motion. Wayne Newbegin said that discussion in workshop was a sidewalk only to the paved driveway to the pizza store, not across the entire frontage. Wayne Newbegin made a motion to amend the motion to include from driveway to property line of Standish House of Pizza. Brian Libby seconded the motion. There was not discussion. Carol asked for a vote on the amendment. Voting in favor of the amendment: Carol Billington, Wayne Newbegin, Brian Libby and Peter Walker. Against: Bill Foster.
Carol asked for a vote to approve the project which included: Item numbers 1, 2, 3, 4 & 7. Voting for the approval: Carol Billington, Wayne Newbegin, Brian Libby and Peter Walker. Against: Bill Foster.
Findings of Fact as approved are:
1.) Combined home occupation area and retail display area must be kept to less than 715 SF. The display area kept less than 600 SF.
2.) Limit the curb cut to what was previously approved i.e. gating off one curb cut during operating hours.
3.) Require MDOT driveway application for change in use.
4.) A 4 ft. wide paved sidewalk from the upper driveway to the Standish House of Pizza.
5.) No outdoor display because of the potential safety hazard on the arterial
6.) 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 is subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
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 he was seeking Preliminary Approval tonight for this subdivision. Previously, he has met with the Planning Board Members at a workshop. He has incorporated the suggestions from that meeting.
He began by reviewing the changes. The 60 ft. recreational easements have been narrowed to 25 ft. right of ways to future use. The concept grading and foundation drains have positive pitch. Lots 6 and 7 have moved over slightly and enlarged lot 7 a bit. Feedback at the public meeting suggested that an easement be created so that the abutter could access the future water main on Route 35.
Chris also said they looked at the alternatives suggested to tap into the water main on Route 35. He emphasized that they want the construction done well the first time and provide accountability with bonding by the contractor. Other scenarios looked at were coming off Lucky’s Run with a water main and a directional boring instead of trenching. A second hydrant added to the entrance as the Fire Chief requested.
He continued by addressing Bud’s comment regarding stormwater treatment within the right-of-way. The placement of the under drain is placed where it should be in the middle of the swale. It is being designed by DEP standards. Chris said he will work with the town regarding easements for cleanouts of the drain. He suggested at station 800 and station 900. He has met with DEP and they won’t begin their review without preliminary approval.
Carol Billington asked Bud Benson to comment on the plan. Bud said the biggest issue was the local road cross sections and the third sheet shows the local road section and there are some under drains under the roadside ditches and that is between stations 800 to the end of the road. The reason that Bud Benson and Mr. Mosley, Public Works Director, are so concerned is that these are under drain soil filter details. What happens is a 24” trench with a 4” perforated under drain surrounded by 12” of crushed stone above that is 6” coarse gravel and above that a non-woven geotextile fabric covered by 18” of soil filter. He believes that a water quality treatment structure within the right-of-way. If it is doing its job and filtering material, it will eventually plug up. And, if it plugs, the residents within the subdivision will complain about standing water in the trenches. In addition, when utility trenches are cut they are cut perpendicular to the road direction into the lot,
cutting across these ditches, and every time a trench is cut across, the drain is going to be disturbed and will have to be patched back together. Mr. Benson said he wanted to see the water treatment structures outside of the right-of-ways. Roger Mosley, our Public Works Director, agrees. Bud said the plan was good but would like the storm water treatment moved. A standard catch basin system with storm drains would be better because Public Works could easily maintain them.
Carol Billington asked why it was designed this way. Owens McCullough, Sebago Technics, approached the podium and said that the Maine Department of Environmental Protection has made a significant change in their storm water management rules in the last year. Those rules now require Low Impact Design measures (LID). You will now see more and more of these kinds of designs because it creates more than 1 acre of non-revegatated surface. So what has happened is the DEP said they are going to focus more on water quality and now 95% of the runoff onsite. There are design guidelines that have to be followed. The engineers have to go through a series of calculations. The days of the straight detention pond are pretty much gone. Options are now rain gardens, which this plan has some
of those. There have been quite a bit of work done over the past year. There have been a number of taskforces between contractors and engineers. There is a soil infiltration median now that is 18” thick. It is a mixture of bark mulch and has some fines and some loam in it and the idea is to get grass growth on top. The idea is that water comes into this swale, it filters through the grass to remove the sediments, phosphorus and nitrogen and then it goes into an underdrain, which is designed into this project’s roadway, and then piped to an outlet. He said it is not an infiltration system, it is a filtration system. It comes through, collects and goes to the outlet. He spoke about other systems, if room permits. He explained that there has been a shift in how drainage is designed. Its focus is on water quality. He said the town will probably start to see more and more of these kinds of designs. Bud
Benson said it can be bioretention cells outside of the right of way and it doesn’t have to stay within the town’s right of way.
Mr. Benson said that Beechwood Subdivision has been done recently and it has road ditches and takes the water to a bioretention cell outside of the cluster housing. Chair, Carol Billington, said it appears to be an impasse because of DEP regulations and the town’s needs. Bud Benson asked Chris to look at Beechwood Subdivision’s design.
Carol Billington asked, “How can we move this application along?” Discussion continued about how the drainage could be designed. Bud said that he would be glad to discuss options with Chris and Roger Mosley. Bill Foster asked about the 4 ft. drop at the end of the cul-de-sac?
There was no more discussion.
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 due to health issues. Brian Libby made a motion to table this item and Wayne Newbegin seconded the motion. No discussion. All in favor and motion passed.
NEW BUSINESS:
02-12-04-06 Route 25 Business Park/Mark Floor – Map 10, Lot 11, 225 Ossipee Trail West
Subdivision Review
Chair, Carol Billington, took the new business items out of order and asked Mark Floor to discuss his project before the Shadow Woods Subdivision Amendment. Mark Floor, 45 Milt Brown Road, said this project came in last month as a communication and he took it to workshop. He thought everything was on tract to have it approved this month. When he came in with a completed application, he was told that the Class D surveyor discovered that the New Loop Road built around the farmhouse did not have the required 50 ft. setback. He discussed it with Mr. Benson and now finds that the new road is built and the house is setting where it was built. Yes, there is a discrepancy for the setbacks and he now finds he has to appear before the Zoning Board of Appeals and ask for a variance for setbacks. To meet the requirement he has filed an application with the Board of Appeals asking for a variance for setbacks.
He asked if there were questions. Chair, Carol Billington, asked for questions or comments. Bud Benson said that in the sketch plan application that Mark submitted, it was discovered that the property needed 50’ setback from all of the right of ways around the building. One setback is only 22’ and the existing building on the farm is partially within the setback of the new right-of-way. The Planning Board doesn’t have the authority to grant that variance and it must go to the Appeals Board. It came about because MDOT approved an extra entrance permit by saying it would be a limited access of right in and right-out entrance if there was adequate sight distance and it must line up with the driveway across the road.
Bud reiterated that the Planning Board can’t grant approval until the project has gone before the Board of Appeals. Bud said the road is placed in the only space available for the road. Mark felt it was a procedural process. Carol asked if Mr. Floor had any issue with any of the comments in the memo written by Bud Benson regarding the project.
Carol Billington questioned the Rte 25 improvements required by the Maine Department of Transportation. Those improvements have not been done yet and what is the status. Mark Floor said that he finally received a signed copy of the DOT approval on a plan provided by their engineers. He said he will have the bond in place when the road work begins in the spring and prior to requesting final approval on this one lot split.
Mr. Benson wanted to make the Board aware of Section 181-97B, interior roads, reads, “one and only one access on an existing town or state maintained way shall be approved for access for all lots.” The Planning Board shall approve or allow a maximum 2 accesses to an existing town of state road. Access to the farmhouse will be via an interior driveway. Bud said that driveway should be shown on the site plan before the Board.
Mr. Floor wasn’t expecting approval tonight. He only wanted to update the member.
02-12-04-06 Shadow Woods Subdivision/Carol & Gordon Billington – Map 19, Lot 34-2,
Chadbourne Road
Subdivision Amendment
Carol Billington recused herself from discussion for this project because she is a participant in the project.
Wayne Newbegin, co-chairman, chaired the discussion for this project. Jeff Perry, Sebago Technics, was present representing the Billington’s for an amendment to the Shadow Woods Subdivision. Jeff said the new layout shows that Almur Court, a road within the subdivision, is now removed and Woody lane has been shorted to about 2,100 ft. now. The other change is the retention basin is placed further down the subdivision. As a result of these changes, Mr. Perry said they will be going back to the DEP to modify the original site location permit. They have held discussions with DEP regarding the length of Woody Lane and the reduction of impervious and disturbed area. DEP has agreed in principal that the modification is in order. The lots have gotten smaller but still meet the
criteria of a cluster subdivision.
Bud Benson distributed a copy of the Notice of Decision for Final Subdivision Plan. Mr. Newbegin asked if Mr. Perry had any questions about the document and he said he has studied it and doesn’t have any issues. Mr. Perry said the number of lots remains at 26. There were no more questions from the Board. Brian Libby said he liked the new layout better and Mr. Newbegin agreed. Bud Benson said that probably DEP will like the new layout as well. Bud wanted to review Item #7 in his conditions of approval recommendations. It states, “Maine Dept. of Environmental Protection site location permit has been received and the amended subdivision layout maintains the original approval but will require MDEP approval as a modification. Should there be any changes as a result of
the MDEP modification approval process, it would nullify this approval and require another subdivision amendment.”
Mr. Newbegin asked for more comments. There was none from the members. He asked for public comment. Ellie Ramsdell, 825 Chadbourne Road, asked about lot sizes. Jeff Perry said 40,000 sq. ft. was the smallest lot. There is a minimum 50 ft. buffer around the entire cluster subdivision. Then there is an additional 25 to 30 ft. setback in the rear of the lots. So there should be at least 80’ from the back of her lot.
Brian Libby made a motion to approve the project as stated in the Notice of Decision prepared by the Planning Administrator, Bud Benson. Peter Walker seconded the motion. All in Favor. The project passed with 5 votes affirmative, 0 against. Those were: Brian Libby, Wayne Newbegin, Eleanor Dudek, Peter Walker and Bill Foster. Wayne Newbegin read the Standard Motion. Mr. Newbegin signed the Notice of Decision – Final Subdivision Plan
Brian Libby made a motion to adjourn the meeting. Eleanor Dudek seconded the motion. Motion carried. Meeting adjourned.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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