Standish Planning Board Continued Meeting Minutes 10-15-2018

Meeting date:

Monday, October 15, 2018

Standish Planning Board

Meeting Minutes

Continued Meeting

October 15, 2018

The meeting was called to order by Roland Cloutier. Present were Deb Boxer, Patricia Knight, Jolene Whittemore, Bud Benson Town Planner and Jackie Dyer, Admin to the Planner and Planning Board. Absent were Adam Higgins and Charles Brown.

Open Meeting

a. Call to order

b. Opening Statement from Planning Board Chairman

c. Declaration of a Quorum (there is a quorum)

Item #1 Tom Daniels, 6 Apple Lane, Map 35, Lot 34 - Subdivision Amendment

TOWN OF STANDISH

PLANNING OFFICE

175 Northeast Road

Standish, Maine 04084

Phone: (207) 642-3461 Fax: (207) 642-5181

To Tom Daniels Date: 11/05/2018

Dear Mr. Daniels

On Nov 5th, 2018, the Planning Board acted on your application for a subdivision and made the following findings and conclusions:

Findings of Fact

Shoreland Zoning Review - Finding Of Fact & Conclusion Of Law

PROPERTY OWNER’S INFORMATION

Name

Thomas Daniels

Mailing Address

74 Allen Ave.

Buxton, ME 04093

e-mail: Tom@5brotherstile.com

Phone

(207) 883-7859

APPLICANT’S INFORMATION IF DIFFERENT FROM OWNER

Name

Thomas Lee & Thomas Mark Daniels

Phone

603-444-4111

Phone

APPLICANT’S

AGENT

INFORMATION

Name

Andrew J Nadeau

Business

Horizons Engineering Inc.

Phone

(603) 444-4111

Mailing Address

34 School Street

Littleton, NH 03561

PROJECT DESCRIPTION AND FINDING OF FACT:

APPLICATION -

Date submitted

_June 11, 2018

Date Public hearing(s) held

July 2nd, 2018

Date Site walk(s) held

July 23rd, 2018

Date workshop held

_10/15/2018

Date application deemed complete

_10/15/2018

PROPERTY

Legal interest by deed recorded CCRD.

Book: 35048 Page: _257_

Project location tax map/lot:

Map : 35 Lot : _34_

Project street address:

6 Apple lane

Parcel size

__4.50 acres__

Underlying Zoning District:

Standish Corner District___

All or a portion of lot located within

SCD Standish Corner District (Town Residential Street type.)

_________________________

Plans title

Produced by

Plan Date

Rev date

Stamped received

Subdivision plan

Andrew Nadeau

7/9/2018

10/11/18

Overall connectivity plan

Andrew Nadeau

7/9/2018

Abutters list

Andrew Nadeau

7/9/2018

Boundary survey

Erosion & Sediment control

1. The applicant proposes to subdivide a single lot, from the 1972 Stanley Gryskwicz sub-division recorded CCRD Bk. 90 Pg. 34, into 5 lots, by construction a new road through the lot. Description of existing improvements:

The property currently has frontage on Apple lane and is currently improved with only a single home with old barn.

2. The proposed new lots will be served by public water and individual septic systems.

3. The proposed new lots will all be served by buried utilities.

4. Other relevant facts are:

Conclusions

Based on the above stated facts, the Planning Board makes the following conclusions:

§ 142-11 Fire ponds, tanks and dry hydrants.

*Planning Board Conclusion and Rationale: _The subdivision is served by public water and a fire hydrant is shown on the plan

§ 181-81 Review by Planning Board.

A. The Planning Board shall review the preliminary plan of the proposed development as submitted. It shall verify the provision of all information as required under § 181-80 as well as § 181-7.1, and shall accept or deny any waivers requested as listed by the developer at its discretion. It may require the developer to undertake further studies as it deems necessary to ascertain that the public convenience, safety, health and welfare are protected, that the Town will not in the future incur extraordinary expense as a result of the development, either on or off the site, and that the environment will not be harmed unduly.

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard A has been met. All in favor.

B. Professional review fees. The Planning Board shall require the owner or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the site plan documents which the Board may determine is reasonably necessary to protect the general welfare of the Town. Amounts for the escrow payment are established by the Town Council and listed in the Town Fee Schedule.[1] This escrow payment shall be made before the Board engages any outside party to undertake this review and to make recommendations to the Board. No application may appear on a Planning Board agenda, before an escrow account deposit is made by the applicant according to the Fee Schedule. Any part of this escrow payment in excess of the final costs for the review shall be returned to the owner or his agent. In the event that the costs of professional review exceed the amount available in the applicant's account, the Planning Board may, at any time during the review process, after at least 75% of the applicant's original escrow account has been depleted, require the applicant to provide additional escrow funding. Such additional escrow funding shall be based on the amount the Board estimates will be needed to cover the costs of the remaining review.

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard B has been met. All in favor.

§ 181-82 Application procedure.

A. The sub divider of the final subdivision plan in the form described herein. If the final plan is not submitted to the Planning Board within six months after the approval of the preliminary plan, the Planning Board may refuse without prejudice to act on the final plan and require resubmission of the preliminary plan. All applications for final plan approval for subdivision shall be accompanied by a fee set by the Town of Standish, payable by check to the Town of Standish shall, within six months after the preliminary approval of the preliminary plan, file with the Planning Board an application for approval

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard A has been met. All in favor.

B. If the proposed subdivision in any way is subject to review by the State of Maine, Department of Environmental Protection, then the approval of the State of Maine, Department of Environmental Protection, shall be secured in writing before official submission of the final plan.

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard B has been met. All in favor.

C. Sewage disposal. Sewage disposal systems shall conform to the State Plumbing Code. The Board shall require on-site soils investigation reports on each lot prior to final approval.

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard C has been met. All in favor.

D. A public hearing may be held by the Planning Board within 30 days after the time of submission of the final plan for approval. A hearing shall be advertised twice in a newspaper of local circulation at least seven days before such hearing, and notice of said hearing shall be posted in at least three prominent places at least seven days prior to the hearing.

Mrs. Boxer made a motion seconded by Mrs. Knight that above Standards are met. All in favor.

§ 181-83 Performance guaranty.

A performance guaranty shall be provided to insure the completion, proper installation and maintenance of all street grading, paving, storm drainage, utilities and other improvements for public benefit or use in accordance with § 252-22 of Chapter 252, Streets and Sidewalks. Where the Planning Board has approved a phased development, public improvements both on- and off-site shall be assigned to a phase of the development as part of the Planning Board’s approval of the subdivision. The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.

*****The following must be on the final plan before approval*******

A. In lieu of a performance guaranty 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 first be approved by the Director of Public Works ,in consultation with the Town Planner and submitted to the Finance Director.

A motion by Mrs. Knight seconded by Mrs. Boxer to accept this was made. All in favor.

§ 181-84 Information to accompany plan.

The final plan shall consist of 12 copies of one or more maps or drawings which shall be printed or reproduced in the same manner as the preliminary plan. Space shall be reserved for endorsement by all appropriate agencies. The final plan shall show:

(1) All of the information presented on the preliminary plan and location map and any amendments thereto suggested or required by the Board.

(2) The name, registration number and seal of the land surveyor, architect or planning consultant who prepared the plan.

(3) Street names and lines, pedestrian ways, lanes, easements and areas to be reserved for or dedicated to public use.

(4) An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments as herein required and shall be referenced as shown on the plan.

(5) Sufficient data to determine readily the location, bearing and length of every lot line and boundary line and to reproduce such lines upon the ground. Where practical, these should be tied to reference points previously established.

(6) The survey of the outside boundaries of the tract and the computation of the lot lines, to be performed to an accuracy of one foot in 5,000 feet. If requested by the Planning Board, the surveyor shall furnish copies of outside boundaries showing:

(a) Sketch of traverse lines.

(b) Closures.

(d) Coordinates.

(e) Computation of outside boundaries.

(7) Contour lines at intervals of five feet or at such intervals as the Planning Board may require, based on United States Geological Survey datum.

(8) Granite monuments, set at all outside corners of the proposed subdivision tract and checked by the Code Enforcement Officer prior to final approval. All granite monuments shall be four feet long and six inches above ground except in lawns, drives and parking lots where they shall be flush. If the subsurface is a ledge between one and three feet deep, a two-foot diameter concrete encasement based on the ledge shall be required. If the ledge is less than one foot deep, a one-inch steel rod shall be grouted into the ledge.

(9) By proper designation, all public open space for which offers of cession are made by the sub divider and those spaces to which title is reserved by him.

(10) Lots and blocks within the subdivision numbered in accordance with local practice.

B. There shall be submitted to the Board with final plan:

(1) Written offers of cession to the municipality of all public open space shown on the plan, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the sub divider, are to be maintained.

(2) Written evidence that the municipal officers are satisfied with the legal sufficiency of the documents referred to in Subsection A above. Such written evidence shall not constitute an acceptance by the municipality of any public open space referred to in Subsection A above.

(3) A performance guaranty to secure completion of all improvements required by the Board in accordance with § 252-22 of Chapter 252, Streets and Sidewalks.

§ 181-85 Final approval and filing.

A. Upon completion of the requirements stated above and notation to that effect upon the plan, it shall be deemed to have final approval and shall be properly signed by a majority of the members of the Planning Board and shall be filed by the applicant with the Planning Board Administrator along with a filing fee as set forth from time to time by resolution of the Town Council, payable to the Town of Standish. The plan shall then be filed with the Cumberland County Registry of Deeds by the Planning Board Administrator or a designated representative within 15 days after receipt by the Planning Board Administrator. Any subdivision plan not so filed with the Planning Board Administrator within 90 days of the date upon which such plan is approved and signed by the Planning Board as herein provided shall become null and void, unless the particular circumstances of said applicant warrant the Planning Board to grant an extension which shall not exceed two additional periods of 90 days.

B. At that time the Planning Board grants final plan approval, it may permit the plan to be divided into two or more sections, subject to any conditions the Board deems necessary in order to ensure the orderly development of the plan. The applicant may file a section of the approved plan with the municipal officers and the Registry of Deeds if said section constitutes at least 10% of the total number of lots contained in the approved plan. In these circumstances, plan approval of the remaining sections of the plan shall remain in effect for three years or a period of time mutually agreed to by the municipal officers, Planning Board and the sub divider.

C. No final plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.(does not apply on this application)

D. For development within a Form Based Code Village District, the Town Planner shall provide the developer with examples of a conceptual Connectivity Master Plan meeting the standards of the applicable FBCVD street frontage type(s) and other applicable aspects of the Form Based Code Village District. The approved conceptual Connectivity Master Plan is the basis for the form and pattern of land division within the Form Based Code Village Districts, and approval of such a Connectivity Master Plan is a requirement of subdivision plan approval. The Connectivity Master Plan shall outline the proposed development, together with its street system, and provide an indication of the future probable street system of the remaining portion of the tract, if the plan submitted covers only part of the applicant's entire property holding. The Connectivity Master Plan shall be referenced in the Planning Board subdivision plan approval. The Connectivity Master Plan shall reserve these future rights-of-way for use as a street, and a copy shall be recorded in the Cumberland County Registry of Deeds with the approved subdivision plan.

§ 181-86 Plan revisions after approval.

No changes, erasures, modifications or revisions shall be made in any final plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the plan is first resubmitted and the Planning Board approves any modifications. In the event that a final plan is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records of the municipal officers and the Registry of Deeds.

§ 181-87 Public acceptance of streets, easements and open space.

The approval by the Planning Board of a subdivision plan shall not be deemed to constitute or be evidence of any acceptance by the municipality of any street, easement or other open space shown on such plan. When a park, playground or other recreation area shall have been shown on the plan, approval of the plan shall not constitute any acceptance by the municipality of such area. The Planning Board shall require the plan to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the municipal officers covering future deed and title, dedication and provisions for the cost of grading, development, equipment and maintenance of any such street, easement or other open space shown on such plan.

Mrs. Boxer made a motion seconded by Mrs. Knight that ALL of the above 181-82, through 181-87 standards have been met. All in favor.

181-88General provisions.

A. No plan of a subdivision of land within the Town of Standish which would constitute a subdivision as defined herein shall hereafter be filed or recorded in the Registry of Deeds, until a final plan thereof shall have been approved by the Planning Board in accordance with all of the requirements, design standards and construction specifications set forth elsewhere in this standard, nor until such approval shall have been entered on such final plan by the Planning Board.

B. No person, firm, corporation or other legal entity may convey, offer or agree to convey any land in a subdivision which has not been approved by the Planning Board and recorded in the Registry of Deeds.

C. Any person, firm, corporation or other legal entity that conveys, offers or agrees to convey any land in a subdivision which has not been approved as required by this section shall be punished by a fine of not more than $1,000 for each such conveyance, offering or agreement. The Attorney General, the Town of Standish or the appropriate municipal officers may institute proceedings to enjoin the violation of this section.

D. No public utility, water district, sanitary district or any utility company of any kind shall serve any lot in a subdivision for which a final plan has not been approved by the Planning Board.

E. Not only is making a subdivision without Planning Board approval a violation of law, but so also within such subdivision is grading or construction of roads, grading of land or lots or construction of buildings until such time as the final plan of such subdivision shall have been duly prepared, submitted, reviewed, approved and endorsed as provided in this Part 3, and until the original copy of the final plan so approved and endorsed has been duly recorded with all easements and conditions in the Cumberland County Registry of Deeds.

§ 181-89Planning Board to consider requirements.

In reviewing applications for the subdivision of land, the Board shall consider the following general requirements. In all instances the burden of proof shall be upon the person proposing the subdivision.

§ 181-90. Conformance to Comprehensive Plan.

Any proposed subdivision shall be in conformity with a Comprehensive Plan or policy statement of the municipality and with the provisions of all pertinent state and local codes and ordinances.

*Planning Board Conclusion and Rationale: __This proposed subdivision road, and 5 lots will meet zoning requirements and preserves the Standish Corner District village character of the area per comprehensive plan criteria.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-90. All in favor.

§ 181-91. Preservation of natural and historic features

A. The Board may require that a proposed subdivision design include a landscape plan that will show the preservation of existing trees (10 inches or more), the replacement of trees and vegetation, graded contours, streams and the preservation of scenic, historic or environmentally desirable areas. The street and lot layout shall be adapted to the topography. Extensive grading and filling shall be avoided as far as possible.

*Planning Board Conclusion and Rationale:

Total parcel size is 4.50 acres. The 5 new lots are each over 30,000 SF in size with balance of the property containing the road right of way and two small areas transferred to the abutter. These smaller lots preserve the village character and natural features of the site. A natural drainage path are protected with drainage easements.

B. Within six months of any grading or construction on any lot, the sub divider shall grade, loam and seed all scarified ground with perennial grasses and shrubs or trees. The composition and preparation of the seedbed and type of seed shall be in accordance with recommendations of the United States Soil Conservation Service for the type of soil and slope on each lot. A copy of this recommendation shall be attached to the final plan for approval.

*Planning Board Conclusion and Rationale: _The plan set has an erosion control plan attached that addresses the construction methods of the site. As shown on plan sheets #3 and #4.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-91. All in favor.

§ 181-92. Land not suitable for development.

A. The Board shall not approve such portions of any proposed subdivision that:

(1) Are situated below sea level: _NA_

(2) Are located within the one-hundred-year frequency floodplain as identified by an authorized federal or state agency or, when such identification is not available, are located on floodplain soils identified and described in the National Cooperative Standard Soil Survey.: _NA_

(3) Are located on land which must be filled or drained or on land created by diverting a watercourse, except that the Board may grant approval if a central sewage collection and treatment system is provided.: _NA_

(4) Are determined to be freshwater wetlands, wetlands associated with great ponds or rivers, or forested wetlands: _As shown on the plan and subtracted from net developable area.

B. In no instance shall the Board approve any part of a subdivision located on filled wetlands or filled or drained great ponds (natural body of water 10 acres or more in size).

*Planning Board Conclusion and Rationale: The plan avoids construction in land not suitable for development. Lands not suitable for construction (floodplain and wetlands) have been excluded in net developable area summary as shown in Final plan note 25.

§ 181-93. Lots

A. Lots shall meet or exceed the minimum requirements of the Standish Zoning Ordinance.

B. The depth and width of properties reserved or laid out for all purposes shall be adequate to provide for off-street parking and service facilities for vehicles required by the type of use and development contemplated.

C. Double-frontage lots and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the lines of lots abutting such a traffic artery or other disadvantageous use.

D. Side lot lines shall be substantially at right angles or radial to street lines

*Planning Board Conclusion and Rationale: Lot lines are substantially at right angles or radial to street lines.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-93. All in favor.

§ 181-94. Easements for natural drainage ways

Where a subdivision is traversed by a natural watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will assure that no flooding occurs and all storm water can be disposed of properly. Such easement or right-of-way shall be not less than 30 feet in width.

*Planning Board Conclusion and Rationale: Easements are provided on the plan to convey water across the site as shown on plan sheet #1.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-94. All in favor.

§ 181-95. Utilities

The size, type and location of public utilities, such as streetlights, electricity, telephones, gas lines, fire hydrants, etc., shall be approved by the Board and installed in accordance with local practice.

*Planning Board Conclusion and Rationale: Utilities including power, telephone and cable services, will be installed in accordance with local practice. As built drawings are required of developer. The monuments are to be set.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-95. All in favor.

§ 181-96. Street trees, esplanades and open spaces

A. Street trees, esplanades and open green spaces may be required at the discretion of the Planning Board. Where such improvements are required, they shall be incorporated in the final plan and executed by the sub divider as construction of the subdivision progresses.

*Planning Board Conclusion and Rationale: A public street has been proposed as shown on the plan.

B. The developer or sub divider shall maintain control of open space(s) and be responsible for their maintenance until development sufficient to support a neighborhood association has taken place or, alternatively, the space has been accepted by the town.

*Planning Board Conclusion and Rationale:

The Developer will maintain the roads until street acceptance by the town.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-96. All in favor.

§ 181-97. Required improvements

The following are required improvements: monuments, street signs, streets, storm drainage and curbs and sidewalks, where required.

*Planning Board Conclusion and Rationale:

The street, street signs, monuments to be set and storm drainage are detailed on the plans. There will be a stop sign at Apple Lane and the proposed Cider Mill Lane for a total of 2

§ 181-97.1. Interior roads. [Added 6-1-1999 by Order No. 43-99]]

A. The Planning Board shall require that any lot in a subdivision have its required frontage and access on an interior road constructed in accordance with applicable standards in Chapter 252.

*Planning Board Conclusion and Rationale: _All lots access the interior road and have adequate frontage.

B. One, and only one, access onto an existing town or state maintained way shall be approved or allowed for access for all lots in a subdivision with a dead-end road length less than the maximum allowed as specified in § 181-102 below. The Planning Board shall only approve or allow a maximum of two accesses to an existing town or state maintained way when the proposed newly built street exceeds the maximum allowed for dead-end streets as specified in § 181-102 below.

*Planning Board Conclusion and Rationale: The subdivision has only one access to Apple Lane.

C. The creation of private way(s) to provide frontage and/or access to any lot in a subdivision is expressly prohibited. Driveways of any type or private way(s) providing frontage and/or access to any lot in a subdivision which directly access an existing town or state maintained way are expressly prohibited.

*Planning Board Conclusion and Rationale: No private ways have been created within this subdivision.

Mrs. Whittemore made a motion seconded by Mrs. Boxer than 181-97 A thru C be approved. All in favor.

§ 181-98. Separate sewage disposal sites

Any lot which shall be used as or which shall be available for use as the site of a single or multiple dwelling or as the site of a mobile home shall have two separate sewage disposal sites. If the first soils test reads as a medium-large sewage disposal system or larger, the second soils test pit shall be located a minimum of 120 feet from the first soils test pit.

*Planning Board Conclusion and Rationale: The applicant has provided soils test data showing two passing test pits on each lot for proposed septic system locations.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-98. All in favor.

§ 181-99. Municipal consultant fees

The applicant will be assessed fees to cover 100% of the costs incurred by the town related to independent geotechnical, hydraulic, engineering, planning, legal and similar professional consulting services. Such consultants shall be limited to reasonable and necessary review and shall be assessed only to recover costs directly associated with the expedient review of the application when the required information exceeds the expertise of the town staff. Such fees must be paid prior to final approval.

*Planning Board Conclusion and Rationale: The applicant has established a peer review escrow account and agrees to pay any outstanding balances once all reviews are complete. The applicant has agreed to pay $2,500 initial deposit in the road inspection escrow account for inspection and testing during the road construction process.

Mrs. Boxer made a motion seconded by Mrs. Knight to approve 181-99. All in favor.

Article XX Miscellaneous Provisions (applicable only if waivers

§ 181-108. Variances and waivers.

A. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this Part 3 or where there are special circumstances of a particular plan, it may vary these standards so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Official Map, the Comprehensive Plan or the Zoning Ordinance. This Subsection A shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.

*Planning Board Conclusion and Rationale: NA

B. Where the Planning Board finds that, due to special circumstances of a particular plan, the provision of certain required improvements is not requisite in the interest of public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements, subject to appropriate conditions. This Subsection B shall not apply to the street design standards described in Article XIX, § 181-101, Subsection B; the roadway construction material standards described in § 181-104; and the responsibility of the developer regarding streets described in § 181-105.

*Planning Board Conclusion and Rationale: None

C. In granting variances and modifications, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.

*Planning Board Conclusion and Rationale: None

§4404. Review criteria

When adopting any subdivision regulations and when reviewing any subdivision for approval, the municipal reviewing authority shall consider the following criteria and, before granting approval, must determine that:

1. Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it shall at least consider: A. The elevation of the land above sea level and its relation to the flood plains; B. The nature of soils and subsoils and their ability to adequately support waste disposal; C. The slope of the land and its effect on effluents; D. The availability of streams for disposal of effluents; and E. The applicable state and local health and water resource rules and regulations;

*Planning Board Conclusion and Rationale: There are no FEMA delineated flood plains within this subdivision. Test pits show that the soils on each lot support waste disposal. The applicant has submitted drainage calculations and prepared an erosion control plan in accordance with accepted standards.

2. Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

*Planning Board Conclusion and Rationale: Single family homes on 3 acre lots can be supported Portland Water District (Added) A letter of capacity from Portland Water District to the Town of Standish is needed prior to any construction.

3. Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;

*Planning Board Conclusion and Rationale: Applicant’s project is not proposed to be served by private wells.

4. Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results;

*Planning Board Conclusion and Rationale: The plan includes an erosion control plan and drainage easement provide some protection for wetland and stream area.

5. Traffic. The proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed and, if the proposed subdivision requires driveways or entrances onto a state or state aid highway located outside the urban compact area of an urban compact municipality as defined by Title 23, section 754, the Department of Transportation has provided documentation indicating that the driveways or entrances conform to Title 23, section 704 and any rules adopted under that section;

*Planning Board Conclusion and Rationale: __The applicant has agreed to pay the Apple Lane impact fee of $3717.00. The applicant proposes to construct a new public road off Apple Lane called Cider Mill Lane.

6. Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized;

*Planning Board Conclusion and Rationale: On site soil tests have been provided indicating adequate on-site soils for septic systems.

7. Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be utilized;

*Planning Board Conclusion and Rationale: The 5 new lots will not generate significant solid waste. Contractor is responsible for removal of all construction debris to an MDEP approved site.

8. Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

*Planning Board Conclusion and Rationale: Storm water runoff from this property are tributary to both north branch of Little River and the Presumpscot River which support various fisheries. The proposed project doesn’t disturb the stream or the associated wetlands.

9. Conformity with local ordinances and plans. The proposed subdivision conforms to a duly adopted subdivision regulation or ordinance, comprehensive plan, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans;

Planning Board Conclusion and Rationale: The plan conforms to existing ordinances and comprehensive plan.

10. Financial and technical capacity. The sub divider has adequate financial and technical capacity to meet the standards of this section;

*Planning Board Conclusion and Rationale: The applicant is experienced in subdivision development from the municipal side and has the financial and technical ability to complete the project.

11. Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, chapter 3, subchapter I, article 2-B, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water.

A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

(1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shore land strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore.

(2) The frontage and set-back provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shore land zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983;

*Planning Board Conclusion and Rationale: Subdivision shows no lots within shore land zone nor does it propose any changes within that zone.

12. Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;

*Planning Board Conclusion and Rationale: A nitrate study has not been completed as part of the application review requirements. Based on the proposed use of single family residential houses with septic systems designed to meet minimum state standards, we do not anticipate adverse effects to the quality or quantity of groundwater.

13. Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the sub divider shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;

*Planning Board Conclusion and Rationale: The Flood Insurance rate map does not show a 100-year flood zone on this property.

14. Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district;

*Planning Board Conclusion and Rationale: The wetlands are identified on the plan and are substantially avoided in the construction.

15. River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in Title 38, section 480-B, subsection 9;

*Planning Board Conclusion and Rationale: Three drainage easements are provided below the proposed road drainage system. The Project has been designed limiting disturbances to these streams.

16. Storm water. The proposed subdivision will provide for adequate storm water management;

*Planning Board Conclusion and Rationale: _The applicant has provided storm water calculations for the project and provided adequate conveyance methods for the storm water.

17. Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1;

*Planning Board Conclusion and Rationale: Not applicable

18. Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision; and

*Planning Board Conclusion and Rationale: A small portion in the North Easterly or Pond Road portion of this subdivision is in Sebago Lake watershed and will have minimal impact.

19. Impact on adjoining municipality. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.

*Planning Board Conclusion and Rationale: Not applicable

20. Lands subject to liquidation harvesting. Timber on the parcel being subdivided has not been harvested in violation of rules adopted pursuant to Title 12, section 8869, subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the municipal reviewing authority must determine prior to granting approval for the subdivision that 5 years have elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. A municipal reviewing authority may request technical assistance from the Department of Conservation, Bureau of Forestry to determine whether a rule violation has occurred, or the municipal reviewing authority may accept a determination certified by a forester licensed pursuant to Title 32, chapter 76. If a municipal reviewing authority requests technical assistance from the bureau, the bureau shall respond within 5 working days regarding its ability to provide assistance. If the bureau agrees to provide assistance, it shall make a finding and determination as to whether a rule violation has occurred. The bureau shall provide a written copy of its finding and determination to the municipal reviewing authority within 30 days of receipt of the municipal reviewing authority's request. If the bureau notifies a municipal reviewing authority that the bureau will not provide assistance, the municipal reviewing authority may require a subdivision applicant to provide a determination certified by a licensed forester.

For the purposes of this subsection, "liquidation harvesting" has the same meaning as in Title 12, section 8868, subsection 6 and "parcel" means a contiguous area within one municipality, township or plantation owned by one person or a group of persons in common or joint ownership. This subsection takes effect on the effective date of rules adopted pursuant to Title 12, section 8869, subsection 14.

*Planning Board Conclusion and Rationale: There has been little to no recent clear cut timber harvesting of any substantial magnitude.

§ 181-123 Applicability.

A. Residential and nonresidential impact on existing road inventory. If the Planning Board determines that proposed residential or nonresidential development will have a capital expenditure impact on any existing road within Standish, the Planning Board shall assess an impact fee, prior to granting final approval of a given application, for the related improvement of that road. Such Planning Board determination shall be supported by factual findings and testimony from Town department heads, the applicant and any other relevant source in assessing these fees and/or requiring related capital improvements. Any applicable fees required under Part 4 shall be paid to the Town prior to the issuance of any building permit or performance of any work on site for the approved work, whichever comes first. Any development to occur on roads classified as "D" or "E" as described in Appendix A (existing road inventory) of this Part 4,[1] shall be improved to standards as described in Article XIX, Design Standards, of Part 3 of this chapter.

B. In order to develop a fair and accurate impact fee amount, the applicant shall provide the Planning Board with a detailed estimate of total likely Town way improvement costs, including but not limited to legal fees, survey costs, engineering costs, grubbing, disposal, subbase and base work, drainage, surfacing and/or resurfacing, vegetation, signage and real estate acquisition costs (including estimated cost of condemnation). Subject to reliable data previously collected by the Town, the applicant shall also provide the Planning Board with professionally certified current traffic count data and a professional estimate of total traffic anticipated upon completion of development proposed in the application.

(1) The Planning Board shall calculate an impact fee for the improvement of existing Town ways as follows: Proposed Cider Mill Road intersects the existing Apple Lane at near the midpoint. The Towns capital budget includes an expenditure of $14,868 for capital improvements to Apple Lane in the year 2022. There are 4 existing dwelling units served by Apple Lane and 4 new lots within this subdivision using the lower half of Apple lane.

[(80-40)/80] x [(14,868.00) - (7434.00)] = Road Impact fee of $ 3717.00 This Road Impact Fee must be paid before any permits are issued.

(2) Requirements described in Subsection A and B(1) of this section shall be waived by the Planning Board, if the applicant agrees to improve to the required standard, at the applicant's expense, the affected existing Town ways described in Subsection A and posts a performance guaranty for the full value of the improvements to be made. The applicant shall have two years from the date of final approval to complete necessary improvements. At all times during improvements the Town shall retain full authority to maintain and operate the Town way in a safe, efficient manner.

C. Streetlights.

(1) All proposed subdivision plans submitted to the Planning Board for review shall contain acceptable provisions for adequate, well-placed street lighting, both within proposed rights-of-way and affected intersections of proposed rights-of-way and existing ways. The applicant may choose to install streetlights at the applicant's expense at time of construction or to pay the Town of Standish an amount equal to the full cost of installation of all proposed streetlights in accordance with Subsection C(2), except in a Form Based Code Village District, where streetlights in subdivisions with new FBCVD street frontage types shall be installed at the time of the new road construction or, if located on an existing street, then prior to issuance of a building permit for the first lot or unit. In the event that the applicant chooses to install streetlights, the Planning Board shall be provided with documented proof that all costs of equipment and installation have been paid in full.

[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]

(2) In the event that the applicant chooses to pay streetlight installation costs to the Town, the Town shall hold these funds in accordance with Article XXIV of this Part 4. The Town Council shall retain full authority to utilize these funds for their intended purpose at any time within the next ten-year period.

(3) In the Standish Corner District, if an SCD streetscape is not already in place, including new SCD streetlights, the cost of installing SCD streetlights on existing Town Center, Town Avenue and Town Main SCD street frontage.

There is a street light impact fee for two street lights to be installed. The amount of the street light impact fee is $1800.00 per streetlight for a total of $3,600.00. This impact fee must be paid before any permits are to be issued.

Decision:

Based on the above findings of fact and conclusions, the plans and supporting information submitted, testimony and evidence submitted at the public hearing, the Planning Board votes to: X approve the Subdivision Amendment Application subject to the conditions of approval set forth

Project Name/Description: Brookstone Subdivision.

Pursuant to the provisions of the Town of Standish Subdivision Ordinance, and other Town ordinances, as applicable, and the review standards of 30-A MRSA § 4404, the Standish Planning Board has considered the application of _Thomas Daniels_, including supportive data, public hearing testimony and related materials in the record. The Planning Board makes the following Findings of Fact and Conclusions of Law for the Daniel’s “Cider Mill Lane” 5 lot_ subdivision.

A. Findings of Fact: The Planning Board makes the following findings of fact with respect the application for subdivision approval:

1. Applicant Name: Thomas Daniels

2. Applicant relationship to property: Owner of Record CCRD Bk. 33335 pg 49__

3. Property Location(s), map and lot number(s): Map 35, Lot 34

4. Summary Description of Proposed Subdivision:

Zoning District(s) of Property: Standish Corner District

Proposed number and size of lots: 5 lots of approx. +30,000 SF each

Number and Type(s) of structures: Single Family Residential

Number and Type of streets: One public street built to local road standards named “Cider Mill Lane”

Type(s) of Wastewater Disposal: Individual subsurface sewage disposal systems

Solid Waste Disposal Method(s): __Town transfer station

Water supply Source(s): All lots to be serviced by Portland Water District

Other facts specifically related to dimensional requirements or performance standards: Project is being approved as a conventional subdivision.

5. Waiver Requests, If Any: NA

6. Nonconformities present in the Proposal, If Any:

Those that are grandfathered: _NA

Those for which a variance application must be/has been filed: NA

Date of filing, if Any: NA

7. Required Approvals (federal, state, and local): NA

Obtained/Not Yet Obtained: NA

8. Procedures Followed (reference procedure(s) in applicable ordinance(s) :

Date Application Received: 06-11-2018

Site Walk Date(s), if any: 07-23-2018

Date Planning Board Found Application Complete 10-15-2018

Public Hearing Date(s), if any: 07-02-2018

Date Planning Board and Applicant agreed to extend application process: Same as above.

Date Planning Board granted preliminary and final approval 10-15-2018:

B. Conclusions of Law: The Planning Board makes the following conclusions of law with respect to this Final subdivision application, with respect to its conformance with the Standards of Chapter 142 Fire Prevention, and Chapter 181, Part 3, Articles XVIII and XX of the Standish Town Code and with respect to the statutory subdivision review criteria contained in 30-A MRSA §4404 and incorporated by reference into Part II, Chapter 181, Part III of the Standish Town Code:

Part II, Chapter 181, Part 3, ARTICLE XVIII General Standards

§ 181-83. Performance guaranty.

*Planning Board Conclusion and Rationale: Applicant has chosen to use the “In lieu of a performance guaranty” process as outlined in Standish Code chapter 252 Streets and Sidewalks section 252-22 Performance Guaranty B.) (2). Final subdivision plan notes #33 and 34 have been added to the plan addressing this issue.

§ 181-84. Information to accompany plan.

B. There shall be submitted to the Board with final plan:

(3) A performance guaranty to secure completion of all improvements required by the Board in accordance with § 252-22 of Chapter 252, Streets and Sidewalks.

*Planning Board Conclusion and Rationale: Per B (3) above the “In lieu of a performance guarantee clause” per code section 252-22 has been added to the plan.

§ 181-85. INF

§ 181-86. INF

§ 181-87. Planning Board to consider requirements.

C. Decision: Whereas the Planning Board has completed its Preliminary and Final subdivision review process as set forth in Part II, Chapter 181, Part 3 of the Standish Subdivision Ordinance, and whereas the Planning Board has made the above-listed findings of fact and conclusions of law, the Planning Board has decided, by a vote of 4 for and 0 against.

1. Approve the Final subdivision application: _Approve___

2. Deny the Final subdivision application: ______________

Final Plan changes prior to Board signature:

On recorded plan clarify more clearly for lot owners the location of the snow storage drainage and maintenance easement.

Granite curbs on all street radiuses.

Drainage easement along projected road only into phase 2.

Storm water treatment responsibility by developer.

Responsible Professional Land Surveyor and Professional Engineer must stamp and sign all Final plans prior to Board signature and recording.

The following “IN LIEU OF A PERFORMANCE GUARANTEE” note shall be added to the plan: “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 permits 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 the 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 our project improvements being completed in accordance with this plan and all applicable laws ordinances and standards, a performance guarantee equal to the cost of the remaining improvements shall first be approved by the Director of Public Works, in consultation with a Town Planner, and submitted to the Finance Director.”

General note 8 should be deleted. The cross hatching of the hammerhead must be removed as the town will need fee title to any road section it accepts as a public road.

Following are conditions of final plan approval:

All driveway entrances shall be approved through a street opening permit by the Public Works Department. Exact driveway curb cut locations for each lot shall be chosen by the applicant and approved by the Public Works Director prior to placement of the base pavement.

The applicant shall continue to work with the Portland Water District to obtain a letter of capacity to serve prior to any construction on the site.

Apple Lane Subdivision final plan shall be recorded at the Cumberland County Registry of Deeds (CCRD) only after the conditions of approval are placed on the subdivision plan, an inspection escrow account established in the amount of $2,500 per Streets and Sidewalks code § 252-22 (I)..

The street impact fee per code section 181-123 B. will be $ 3,717. A street light impact fee per code section 181-123 C. will be $3,600 for installation of a streetlight at the turnaround and at the intersection Apple Lane and proposed Cider Mill Lane. Both impact fees shall be paid prior to sale of any lot or recording of the subdivision plan whichever occurs first.

The Developer shall maintain the subdivision road until street acceptance by the Town.

As built drawings showing location of all underground utilities should be provided at applicant’s expense prior to acceptance of street.

No lots may be sold until acceptable performance bond of has been submitted and accepted by town staff for construction of the proposed street, utilities and streetscape improvements. Town staff and inspection engineer shall approve details of any phasing and temporary turnaround. 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.

§ 181-83. Performance guaranty. A performance guaranty shall be provided to insure the completion, proper installation and maintenance of all street grading, paving, storm drainage, utilities and other improvements for public benefit or use in accordance with § 252-22 of Chapter 252, Streets and Sidewalks. Where the Planning Board has approved a phased development, public improvements both on- and off-site shall be assigned to a phase of the development as part of the Planning Board’s approval of the subdivision. The applicant shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the legislative body.

All site work to be performed in accordance with Best Management Practice Standards described in the " Maine Erosion and Sediment Control Handbook for Construction," published by the Cumberland County Soil and Water Conservation District, and the Department of Environmental Protection. The design engineer shall inspect the erosion and sediment control during the construction process and direct improvements as necessary.

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.

On Monday October 15, 2018 after reviewing the standards contained in Standish Land Use code Part 3 Section 181-81 through section 181-99, as well as section 252-31, and 252-36, of the Streets and sidewalks, the Board voted to approve the subdivision amendment/site plan application with the standard condition of approval. These findings of fact/conclusions of law were subsequently accepted at the Standish Planning Board meeting held on November 5, 2018.

Appeal

Any appeal from this decision must be made to the Superior Court in accordance with the Section § 181-109 Appeals.

These written findings of fact / conclusions of law were subsequently accepted as an accurate record and signed by the Planning Board Chairman.

_________________________________________ _________________________

Adam Higgins, Date Board approved Finding of Fact

Standish Planning Board Chair

Town of Standish, Maine

cc: Standish Town Council

Code Enforcement Officer

A motion was made to find this application complete by Mrs. Boxer and seconded by Mrs. Knight. All in favor.

A motion was made to approve this application by Mrs. Boxer and seconded by Mrs. Knight. All in favor.

Meeting was adjourned at 8:00pm

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Standish Planning Board Continued Meeting Minutes 10-15-2018

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