The meeting began at 7:04 p.m. Present: Chair, Carol Billington, PersonNameWayne Newbegin, Gus Favreau, PersonNameEleanor Dudek and Bill Foster. Absent: Brian Libby. Staff present: Bud Benson, Planning Administrator and Donna Sawyer, Planning Board Secretary.
Ms. Billington opened the special meeting by saying that 2 items were on tonight’s agenda. Under old business Wildlands Subdivision will be presented and the other, St. Joseph’s College expansion.
UNFINISHED BUSINESS:
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC. - MAP 12, placeLOT 1, addressStreetBOUNDARY ROAD
Subdivision Plan Review Received Preliminary Approval on December 2004. Waiting for DEP.
Charles Brown, Sebago Technics came forward to represent Peter Busque for Wildlands Subdivision. He said that 4 items were left from last Monday’s meeting. Those were:
- The Impact Fees. He has worked with town staff and the impact fees are established and are added to Note 2B in the conditions of approval. There is a $1,800 impact fee for a light at the intersection of Nature’s Way and addressStreetBoundary Road.
- The second item is an impact fee for road improvements in the area and the impact the subdivision would have on the road.
- The third item is the monuments along the Niehaus line. The plans have been changed to reflect monuments at those corners. They ran into an 8 to 10” maple tree at one corner so all of the monuments haven’t been set yet. The other 3 have been set.
- Mr. Brown referred to the letter from Jay Hewitt, Portland Water District indicating the expected cost of the upgrades to service the remaining lots within the development. He said there is a condition of approval addressing this in item 2G.
- The last item is the updated legal documents with Sally Daggett’s changes done by Mr. Busque’s attorney.
Mr. Brown indicated that all outstanding issues have now been addressed. He asked for questions from the members and said he is seeking final approval tonight.
The Chair asked Mr. Benson, Planning Administrator, the amount of the road impact fee. He said it is on a per lot basis and Mr. Busque is asking to pay the fee prior to any work being done in each phase. The dollar amount will be calculated using $2,496.88 per lot. Mr. Benson read from the Land Use Code Section 181-123A – Impact Fees Applicability which deals with impact fees and Mr. Busque must pay the fees before any building permit can be issued. Mr. Busque asked to waive the fee until he obtains a building permit? Mr. Benson mulled the issue. Ms. Billington felt these fees should be relaxed to accommodate Mr. Busque’s request. Discussion continued regarding issues concerning timing of the payment for the impact fees due. It was finally agreed to make a revised
condition of approval for this item.
Prior to any sale of any lot depicted on this plan, the applicant will comply with Section 181-84A 8 granite monument on the common boundary line with Paul and Roberta Niehaus, Range lot 70. Verification will be by a third party review in lieu of the Code Enforcement Officer.
Mr. Benson referred to State Standards and asked that the members go to page 7 of Wildlands draft Finding of Fact. Mr. Benson said the pollution item has been addressed adequately. He next referred to No. 2 and 3, Sufficient Water and Municipal Water Supply respectively. Re: Water – he read the following: The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision and Municipal Water Supply he read: The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used. These are State Standards and the Board is saying with Condition No. 6 is that Mr. Busque will address the water issue before full build-out of the subdivision.
Chair, Carol Billington, asked for a motion that said that this subdivision met all of the State and Town’s criteria for approval. Brian Libby made a motion that this application met all State and Town standards in the review criteria. PersonNameWayne Newbegin seconded the motion.
Carol Billington asked for any more comments from the Board or the Public. William Orr, 32 Kerri Farms Drive, came to the podium and said it was confusing. He asked why aren’t the granite monuments installed and why aren’t they in? The letter from Portland Water District is disturbing. What happens in the future if there is a problem with no water, what happens? Owners of those properties will be coming to the Town to have the conditions corrected. These conditions need to be done before approval and the Board should not approve this subdivision.
There were no more comments and the members voted. All in favor. Voting affirmative: Chris Parkin, Carol Billington, Brian Libby, PersonNameWayne Newbegin and Gus Favreau. Motion passed and Wildlands Subdivision is approved.
Conditions of approval are:
1. Wildlands Phase 2 is broken into six sub-phases, Phases # 2-A through 2-F. Prior to recording the final plans or starting any site construction within phase “2” the applicant shall pay an $1800 street light impact fee, a road impact fee of $2,496.88 per lot for all lots within the initial phase, pay all outstanding review escrow account fees, resolve any outstanding issues raised in peer review engineer’s memo dated May 20, 2007 to the satisfaction of Town staff, and establish an initial construction inspection escrow account per Town Code Section 252-22(I). Prior to any construction within subsequent sub-phases, the applicant
shall pay a per lot road impact fee of $2,496.88 for all lots within the individual subsequent phase, the applicant shall also replenish the construction inspection fees.~ Said fee shall be computed per Town Code Section 252-22(I).
2. In lieu of a performance guarantee for the construction of the project improvements, no lot or parcel of land may be conveyed, and no building permit for any building or any portion of the development shall be issued by the Code Enforcement Officer, until the completion of all streets, utilities, and other improvements for public benefit or use in accordance with this plan and all applicable laws, ordinances and standards. If the applicant wishes to convey a lot prior to all project improvements being completed in accordance with this plan and all applicable laws, ordinances and standards, a performance guaranty equal to the cost of the remaining
improvements shall be approved by the Director of Public Works, in consultation with the Town Planner and submitted to the Standish Finance Director.
3. Final incorporation by the applicant of a homeowners' association shall be required prior to issuance of any building permits; the applicant 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’s expense, shall review and approve all legal documents such as (homeowners’ association documentation and incorporation) for legal sufficiency. Applicant shall provide all road, grading and drainage easements for Town legal review and record the same after Town Council
acceptance of the road(s).
4. After Town acceptance of any roads with the subdivision, the ponds and stormwater structures that are outside of the rights of way are to be owned and maintained by the Homeowners' Association.
5. As built drawings showing location of all underground utilities should be provided at applicant’s expense prior to Town Council acceptance of any street.
6. By letter dated September 21, 2006, the Portland Water District has indicated that it currently has the capacity to serve 59 lots. Therefore, the Town shall issue building permits for no more than 59 lots. Prior to the issuance of any building permit for additional lots, the applicant shall provide the Planning Board with evidence that all additional lots for which building permits are sought shall be served by public water and that sufficient capacity exists for such lots at the time that applications are submitted for the building permits.~~In the event that public water service is not available to serve all approved lots after the issuance of the
building permit for the 59th lot, the applicant shall amend the approved subdivision plan to comply with all zoning and land use requirements then in effect for lots that are not served by public water.
7. Prior to the sale of any lot depicted on this plan, the applicant will comply with section 181 – 84 A (8) – “Granite Monuments” on the common boundary line with Paul and Roberta Niehaus, Range lot 70. Verification will be by a third party review in lieu of the Code Enforcement Officer.
8. An easement for the recreational snowmobiles trail will be conveyed to either Standish snow seekers or the Maine Inland Fisheries and Wildlife.
9. 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 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:
01-06-04-07 placeST. JOSEPH’S COLLEGE EXPANSION/St. Joseph’s College – Map 20, Lots 5,6,7,7B & 8
Site Plan Amendment
Phillip Yauch, Executive Vice President and Chief Financial Officer at placeCitySt. Joseph’s College spoke first. He said that St. Joe’s College is before the Board seeking approval for a project that entailed new residence halls and a new environmental science lab and all of the parking that goes along with these new buildings. They are seeking 5 new residential halls and 2 of the residential halls would be opening in the next 12 to 24 months. Each hall will provide about 65 beds and the project, when complete, will provide 330 additional beds. He provided a history of the college and talked about future needs of the college to survive and stay competitive with other private, small colleges.
Chair, Carol Billington, announced that the composition of the Planning Board’s membership is changing because 2 of the members’ terms are up and another is running for a seat on the town council. Therefore, she recommended a site walk take place after the new members are in place on the Planning Board. A site walk was scheduled for July 16th at 6:00 p.m. at the St. Joe’s site. A workshop will take place immediately after the site walk. Ms. Billington reviewed the rules that had to be adhered to during the site walk. A workshop on the project is to take place on July 23rd of July at 7:00 p.m.
Carol asked for comment from the public. Janet Murphy, addressStreetHighland Road, asked that the members review the leach field as part of the site walk. It was agreed by the Board to do that.
Lou Wood, addressStreetWesterlea Way, requested a copy of the application be made available so that members of the public could have copies made for them. The applicant agreed to provide another copy of the application and will delivery it to the Town Office.
There was no more business. Brian Libby made a motion to adjourn the meeting and Chris Parkin seconded the motion. All in favor and motion passed.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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