Chair, Carol Billington, called the meeting to order at 7:02 p.m. Present: Wayne Newbegin, Brian Libby and Gus Favreau. Absent: Eleanor Dudek and Bill Foster. Staff present: Bud Benson, Planning Board Administrator and Donna Sawyer, Planning Board Secretary.
Ms. Billington said there would be a public hearing tonight for 4 amendments to the Standish Land Use Code, Section 181. The 4 items are under New Business and that the last agenda item; “Diner n Things” has been removed from the agenda.
Approval of December 4, 2006, meeting minutes
Brian Libby made a motion to accept the meeting minutes for the December 4, 2006, meeting minutes and Wayne Newbegin seconded the motion. There was no discussion. All in favor and motion passed.
Approval of Finding of Fact for:
- Home Occupation, Level 3 with Retail Sales, Sec. 181-35.3/Jeffrey S. Nemet, Map 35, Lot 23
Wayne Newbegin made a motion to waive the reading of the Finding of Fact and Brian Libby seconded the motion. All in Favor and motion carried.
Wayne Newbegin made a motion to approve the Finding of Fact for a Home Occupation, Level 3 for Jeffrey Nemit at Map 35, Lot 23, 41 Ossipee Trail West. Brian Libby seconded the motion. All in favor. Motion carried.
UNFINISHED BUSINESS:
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC. - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review Received Preliminary Approval on December 2004. Waiting for DEP.
Brian Libby made a motion to table this project and Wayne Newbegin seconded the motion. All in Favor and motion passed.
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 Received Preliminary Approval on August 1, 2005
Nathan Taylor, Civil Engineer at Sebago Technics, appeared before the Board and spoke on behalf of James Tompson. He introduced Owens McCullough, Professional Engineer Sebago Technics. He said that the plans for Josie’s Brook Subdivision went to SYTDesign for review and he and Owens McCullough met with Mr. Benson earlier today. He distributed a copy of the new plans to each member. He said the first issue that is now resolved is 600 feet of curbing along the entrance of the subdivision. The curbing was 12 feet off the centerline of the road and is now moved 17 feet off the centerline and it is at the edge of the shoulder. The first 300 feet of curbing has been eliminated and there will be a small ditch along the shoulder of the road. The ditch along the roadway isn’t
deep enough to completely drain the roadway so an under drain will be installed that ties into the catch basin system. The second item discussed was the stormwater buffer location. On the plans the buffer was partially located on the Aube parcel and to fix the issue, the buffer was shifted away from the Aube parcel. They were able to maintain the same length of flow through the buffer to comply with the DEP permit. A cross culvert was moved back.
Another issue was the location of the fire tank. It needed to be located in Phase 1 and less than 2,000 from homes. The tank is now located Phase 1. These are the major items that were discussed with Mr. Benson and Roger Mosley. He has received comments from the peer engineer review and those are technical in nature and not serious.
He concluded by saying Josie’s Brook is a 14 lot subdivision off Cape Road in the rural and village center zones. The majority of the lots are 120,000 sq. ft. and a few are 80,000 sq. ft. and the road is just under 2,500 feet. It will be constructed in two phases and when construction is completed, the first hammerhead will be removed and revert to adjacent property. The lots will be served by individual septic systems and wells and underground cable and phone service. DEP permits, wetlands alteration permits and FEMA permits are obtained and he was asking for final approved tonight.
Owens McCullough stepped forward and said that almost all of the SYTDesign review items have been addressed. Most were of a technical nature and could easily be done. He thanked staff for meeting with him on short notice today.
Chair, Carol Billington, asked for comments and referred to Bud’s Finding of Fact that was previously prepared. Bud said the curbing issue was resolved but he hasn’t had time to review all of the changes on the full set of plans. He spoke about posting of the bond.
Wayne Newbegin had a question about the hammerhead in Phase 1 and Owens answered his question. He couldn’t find Lot 11 and assumed it was lot 18.
Brian Libby made a motion to waive the requirement for all lots’ frontage and access on interior road. Wayne Newbegin seconded the motion. All in favor. No discussion. Motion carried.
Carol next moved to Bud’s memo where he reviewed Maine State Standards in Section 4404 for 19 different Review Criteria. These standards are:
1. Pollution
2. Sufficient water
3. Municipal water supply
4. Erosion
5. Traffic
6. Sewage disposal
7. Municipal solid waste disposal
8. Aesthetic, cultural & natural values
9. Conformity with local ordinances and plans
10. Financial and technical capacity
11. Surface waters; outstanding river segments
12. Ground water
13. Flood areas
14. Freshwater wetlands
15. River, stream or brook
16. Storm water
17. Spaghetti-lots prohibited
18. Lake phosphorus concentration
19. Impact on adjoining municipality
Of those 19 items, all but 4 are reviewed in Standish’s land use code. The 4 are: air pollution, spaghetti lots, lake phosphorus concentration and impact on adjoining municipality. She asked the members to review the list and to agree that it was in compliance with the state. Wayne Newbegin made a motion that the Board had reviewed the state’s criteria in section 4404. Gus Favreau seconded the motion. There was no discussion. All in favor and motion carried.
Carol asked for a motion to approve this project. Wayne Newbegin made a motion to approve this project with the following conditions of approval:
1. The Phase #1 performance bond of $195,000 being accepted by town staff and an inspection escrow account established in the amount of $12,193. No lots within phase #2 may be sold until acceptable performance bond has been submitted and accepted by town staff for construction of Phase #2. Town staff and inspection engineer shall approve details of phasing. A revised cost estimate shall be provided for any phase over one year from final approval. Revised cost estimates to be approved by town staff and Inspection Engineer prior to performance bond acceptance.
2. A street light impact fee will be $1,800 for installation of streetlight at Cape Road. The Cape Road impact fee shall be $2087.95 X 14 lots = $31,319.
3. Payment of all outstanding review escrow account fees. Resolution of any outstanding issues raised in peer review engineer’s memo to satisfaction of town staff.
4. Final incorporation by the developer of a homeowners' association shall be required prior to issuance of any building permits; the developer shall provide the Code Enforcement Officer proof of filing of the homeowners' association's articles of incorporation with the Secretary of State's Office prior to the issuance of any building permits. The town attorney, at applicant expense, must approve homeowner’s association documentation and incorporation. Applicant shall provide and record the deed restrictions and drainage easement for no disturbance in wooded stormwater buffers.
5. Fire tank and stormwater facilities outside right of way are owned and maintained by the Homeowners' Association.
6. As built drawings showing location of all underground utilities should be provided at applicant’s expense prior to acceptance of street.
7. 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.
Gus Favreau seconded the motion. There were no comments from the public. All in favor and the motion passed.
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
Mr. Benson said he spoke with Shawn Frank of Sebago Technics today who told him that the DEP had approved the project but the order wasn’t written. Brian Libby made a motion to table the project and Wayne Newbegin seconded the motion. There was no discussion. All in favor and motion carried.
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 Holmes, Inc. He was seeking preliminary approval tonight. He updated the group on what changes had been made to the latest submission to the Board. The drainage issues have been addressed. A driveway access to the abutting lot to the north has been moved to between Lots 2 and 3. Notes will be added concerning access to that lot via this subdivision road. Finally, he asked for comments.
Mr. Benson said they have worked together to solve the town’s issues with the plan. Mr. Benson said that the Board needed to waive Section 252, section 4 internal connections with developments which abut an arterial, where topographic and other site conditions allow, provision shall be made for street connections to adjoining lots of similar existing or potential use within areas of the municipality designated as growth areas or in nonresidential subdivisions when such access . . . Because the access to the abutting subdivision is less than 60’ in width, the Board should waive this requirement. Wayne Newbegin made a motion to waive this street requirement of 60 feet because of environmental concerns within the site. Gus Favreau seconded the motion. All in favor and motion passed.
Wayne Newbegin made a motion to grant preliminary approval subject to the recommendations set forth in Mr. Benson’s memo dated January 4, 2007. Gus Favreau seconded the motion. All in favor and motion passed.
01-09-11-06 COTTAGE SETBACK/William & Patricia Kachinski – Mp 49, Lot 15, 26 Sand Bar Road
Shoreland Zoning Review
Alan Burnell was present representing William and Patricia Kachinski who own property at6 Sand Bar Road. They are seeking approval to remove their existing home on their lot and rebuild with an expansion.
The Board conducted a site walk in the fall and the applicants are looking for an approval tonight. The setback recommended is 64 feet from the seasonal high water line at elevation 266.5 feet. Mr. Burnell said the front porch issue is settled and will be built behind the 64 ft setback. There were no questions from the members or the public.
Carol reviewed the conditions of approval as contained in Mr. Benson’s memo to the members. Brian Libby made a motion to approve this project with the conditions as set forth. Wayne Newbegin seconded the motion. The conditions of approval are:
1. Planning Board approval of this site plan showing “LAND OF KACHINSKI” submitted by Alan L. Burnell revision stamped “Received Sept 22, 2006”, 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. Existing camp and boat house with seasonal high water setbacks of 36’ and 24’ respectively are to be removed. A new proposed dwelling with accessory structure is to be built with setbacks of 64’ and 64’ respectively as shown on the plan.
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. 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.
All in favor and motion carried.
02-12-04-06 Route 25 Business Park/Mark Floor – Map 10, Lot 11, 225 Ossipee Trail West
Subdivision Review
There was no one present to discuss this project. Brian Libby made a motion to table this project and Wayne Newbegin seconded the motion. All in favor and motion passed.
NEW BUSINESS:
Carol Billington moved to the new business portion of the meeting and she reviewed one-by-one the 4 amendments to the Standish Land Use Code that were before the Planning Board for a public hearing. All of the Amendments can be viewed at town hall. They are:
Amendment to Standish Town Code, Chapter 181, Land Use, Part 1, District Regulations, Zoning, Article III (Order Number 184-06)
Amendment to Standish Town Code, Chapter 181, Land Use, Part 1, Zoning, Article IX, Board of Appeals Order Number 185-06)
Amendment to Standish Town Code, Chapter 181, Land Use, Part 6, Growth Management, Article XL, Administration (Order Number 186-06)
Amendment to Standish Town Code, Chapter 181, Land Use, Part 5, Historic Preservation (Order Number 166-06)
Some members asked questions regarding Order Number 186-06 as it pertained to managing growth within certain zones.
Site Plan Review “Diner n Things”/Four Brothers LLC – Map 10, Lots 70&72B, 130 Ossipee Trail E
Site Plan Amendment
Mr. Benson said that the applicant asked for this item to be removed from the agenda due septic field issues. Brian Libby made a motion to remove this item from the agenda and Wayne Newbegin seconded the motion. All in favor and motion passed.
Meeting adjourned at 8:06 p.m.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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