Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
September 09, 2019
The Standish Planning Board meeting was called to order by Chairman Charles Brown at 7:00pm. Present were Roland Cloutier, Jolene Whittemore, Cheryl Kimball, Pat Frechette, Deb Boxer, Zach Mosher, Town Planner and Jackie Dyer, Admin. to Town Planner and Secretary to the Planning Board.
Open Meeting
a. Call to order
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum (6)
Mr. Brown welcomed new Planning Board member Cheryl Kimball.
Election of Chairman and Vice Chairman
Mr. Cloutier made a motion to nominate Mr. Brown for Chairman and this was seconded by Mrs. Whittemore. All in favor, with Mr. Brown abstaining.
Mrs. Whittemore made a motion to nominate Mr. Cloutier for Vice Chairman and this was seconded by Mr. Brown. All in favor with Mr. Cloutier abstaining.
Approval of Meeting Minutes from June 03, 2019
Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the minutes from the June 03, 2019 meeting as written. All in favor.
Approval of Finding of Fact:
Brian Fitzpatrick, 30 Binford Road, Map 49, Lot 44-Shoreland Zoning Application-Addition to existing cottage
Mr. Cloutier made a motion seconded by Mrs. Boxer to approve the Finding of Fact as written. All in favor.
Old Business: There was none
New Business:
Item #1 Thomas Daniels, Apple Lane/Village View, Map 35, Lot 34/Map 10, Lot 6A- Subdivision Amendment to Brookstone Subdivision
Jason Vafiades from Atlantic Resource Consultants was present to represent the applicant. He gave a brief overview of the application and said that there are changes they want to make. Jason said that the changes they want to make are to get rid of a spur from Cider Mill and it made no sense to keep it, as there were driveway entrances that were hard to negotiate and those would require more state permitting.
He said they came up with extending Cider Mill Lane another eighty feet and that also gave them the ability to add another lot to the plan. They combined two lots together into one big lot and he said that could be used for a lot of other things according to the Town’s Ordinance. They combined lots 16 and 17 together and added Lot 11. He said that lot is the last lot on the right. Jason also said the pond size stayed the same, so that didn’t change the runoff or anything.
Jason said they are asking for a few waivers, specifically to Lot #1 and the driveway. He said they would like to keep the existing driveway where it is now as it works well. He also said there is a well there already and he said that the quality of the water from that well is actually better than what Portland Water District has to offer. Based on the Ordinance it says that public water will be hooked onto, but this lot was part of the original Apple Lane Subdivision.
Jason said they are also looking at doing just one light at the Bonny Eagle Road/Apple Lane intersection. He said in speaking to Roger Mosley, that if the Town ever does take this road over, they like to keep the cost down of maintaining lights. He said the simpler the better seems to be the consensus. He said that people like the country living feeling. He said they had thought about adding another light at Cider Mill and Apple Lane intersection, but now have decided not to do that and are asking for a waiver on that particular one. Mr. Brown said they need to consider that the Council has given an indication they would like to reduce the number of lights to cut down on maintenance and cost, so there is a conflict between the Ordinance and what the Council wants. Mr. Mosher said the dilemma is that there is a lot of conflict going on in this Ordinance and he is getting things together to take to the Ordinance Committee. Mr. Cloutier said that as we are going along, we will run into stuff like this again and they would like to be able to avoid granting waivers.
Mr. Brown asked that if the well became contaminated would they be able to tap into the water main and Jason said he wasn’t sure. He said they may be able to use Apple Lane as the frontage. Charlie asked about adding an easement across Lot 2. Jason said that this would be a private easement and Portland Water District does not recognize private easements. The Water District already has an easement for the proposed Cider Mill Lane.
Mr. Mosher said that he would like two notes added to the plan: the first one is that Cider Mill Lane be extended all the way to the end, to the granite monuments location. This would have a lot of impact on snow removal and pile up in front of driveways. He said the second note is that there will be no driveways created off from any hammerhead turnarounds.
Jason said there are two hydrants to be installed, one in front of Lot #15 and one in front of Lot #2. Mr. Mosher said he was fine with the esplanade the way it is. He said that it probably was never envisioned that the lot from the first subdivision would ever become part of this subdivision and it can be considered grandfathered as the house, driveway and well all have been existing. Jason said as this was part of Apple Lane Subdivision and is being amended as part of that. He said the trees will not be on the private property and will be in the esplanade and not mess up the sidewalks or properties. He said CMP has a strict code for access and the trees shouldn’t interfere with that. He said they need to be 14 feet from the pad site or CMP will not hook up anything.
Mr. Brown asked about Peter Tubbs reports and if there were any comments. Mr. Mosher said he didn’t see anything that he was concerned about. Mr. Brown asked about the conditions and Mr. Mosher said that we are all covered.
The following are the 3 requested waivers made by the applicant and these were read by Mr. Brown and voted on by the Planning Board:
Board Approved Waivers:
Move that the Board grant approval for the waiver under provisions of Sec.181-108 of the Standish Land Use Code for the waiver requested to Sec.181-97.1 that the original lot, Lot #1, keep its existing driveway and existing legal frontage on Apple Lane, and the existing well on Lot #1,per section 181-35.9 A, will remain as the primary water source.
Mr. Brown made a motion to grant approval seconded by Mrs. Whittemore. All in favor.
Move that the Board grant approval under the provisions of Sec.181-108 of the Standish Land Code for the waiver requested related to Sec.181-7.1(5) F, that the esplanade be located between the sidewalk and travel way and instead be moved to between the Right of Way and the sidewalk.
Mr. Brown made a motion to grant approval seconded by Mr. Cloutier. All in favor.
Move that the Board grant approval for the waiver under the provision of Sec.181-108 of the Standish Ordinance for the waiver request related to Sec.181-7.1(5) (i) (2) that the applicant only install one LED light at the intersection of Bonny Eagle Road and Apple Lane rather than at every intersection.
Mr. Brown made a motion to grant approval seconded by Mr. Cloutier. All in favor.
Mr. Brown asked the Board if they agree that the applicant meets the requirements for a subdivision amendment and he made a motion that the Board grant approval for the subdivision amendment with the following Conditions of Approval, read by Mr. Brown:
Conditions of Approval:
All work shall be in conformance with the submitted plans and other materials prepared by Andy Nadeau of Horizon Engineering and Jason Vafiades of Atlantic Resource Consultants. Those plans consist of 13 sheets, sheets 1-3 entitled “Brookstone Subdivision” supplied by Horizon’s Engineering and dated 6/17/2019 revised through 8/28/2019, and sheets c-101 through c-303 supplied by Atlantic Resources Consultants, stamped by Jason Vafiades and dated 7/16/2019.
No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the Code Enforcement Officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.
Project infrastructure results in 3,572 square feet of wetland fills. No additional filling or alteration of wetlands on individual lots shall be done without the appropriate state or local approvals.
Applicant shall respond to and address any outstanding comments found in the review comments provided by Roger Mosley, Dir. of Public Works, dated July 29, 2019 and reflected in the final plan prior to recording.
Applicant shall respond to and address any outstanding comments found in the Engineering Review comments provided by Peter Tubbs, of P.B Tubbs Consulting and reflected in the final plan prior to recording.
The Amended Subdivision Plan should contain a note “This plan supersedes the previously recorded subdivision plan entitled Brookstone Phase I and Brookstone Phase II approved on February 4, 2019 and November 5, 2019. The amendments to this plan include: [provide summary of amendment].” (November 15, 2019)
No work shall commence until two mylar sets and three paper sets of the final plans have been received by the Planning & Development Department, signed by the Planning Board.
The final plan shall be submitted in digital format as a single composite electronic file. The plan may be submitted on a disc, via e-mail, or other format acceptable to the Town Planner, and shall be compatible with commonly used CAD and/or GIS software.
The Amended Subdivision Plan shall contain a note that the proposed trees are out of the ROW and will be included under the homeowner’s association for the purposes of maintenance.
Any waivers granted by the Planning Board shall be noted on the final subdivision plan.
The conditions of approval from the November 2018 and February 2019 Planning Board subdivision approval are still in effect for Brookstone lots.
Total project impervious area is 41,984 square feet. Prior to construction, a MDEP stormwater permit by rule – Maine construction permit shall be submitted to the MDEP and Town of Standish.
All driveway entrances shall be as 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 Standish Public Works department reserves the right to require additional work beyond, and in addition to the improvements shown on this plan as field conditions require. Any changes made during construction shall be coordinated with and approved by the Standish Public Works Department.
The establishment of a homeowner's association was required by the Standish Planning Board for approval of this subdivision only to the extent said association was necessary to ensure perpetual maintenance of the fire protection system, quantity management infrastructure, and associated easements. This endorsement specifically excludes : approval of deed restrictions that are unrelated to the aforementioned maintenance responsibilities, protective covenants, homeowner's association by-laws, any and all other functions of said association.
The Town of Standish shall be responsible for maintenance of the roadways and roadside ditches and culverts within right of way upon municipal acceptance. The homeowner’s association shall be responsible for maintenance fire protection system plus all stormwater quantity and quality management infrastructure, and associated easements. The town of standish reserves the right to direct stormwater runoff to the association’s drainage and stormwater quantity and quality management infrastructure, and associated easements as depicted on subdivision plans. The developer shall be required to maintain all improvements and provide for snow removal on streets and sidewalks until acceptance of said improvements by the Standish Town Council.
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).
All stump burial and burning shall occur in the area noted on subdivision plan and shall comply with local, federal and state regulations. This stump dump is to be used during roadway construction. When roadway construction has been completed, stump dump to be graded to drain (maximum 3:1 slope) then loamed and seeded in accordance with erosion and sedimentation control plan. Contractor is responsible for complying with these procedures.
As built drawings showing location of all underground utilities and stormwater infrastructure should be provided at applicant’s expense prior to acceptance of street.
§ 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.
The applicant shall be responsible for providing the following basic services until street acceptance:
Snow plowing of all ways in a manner similar to that provided by the Town of Standish;
Maintenance of all roadway surfaces, drains, sewers and other utilities;
Installation of street signs and light at intersection of Apple Lane and Bonny Eagle Road. Light is to be energized no later than at the time of issuance of the certificate of occupancy to the first occupied residence in the subdivision;
Prior to any construction on the project the Owner shall coordinate a preconstruction meeting involving himself, his Site Contractor, the Director of Public Works and Town’s Consultant Engineer.
Cider Mill Road shall be extended to the end of the road, to the two stone granite monuments.
No driveways will be allowed off the hammerhead turnaround.
Mr. Cloutier seconded Mr. Brown’s motion to approve the amended subdivision plan. All in favor.
Communication:
Email from Tracy Hinkley to Planning Board members regarding the application for Natalie Leighton’s proposed daycare at 9 Pond View Road
Town Planner’s updates:
Zach asked the Planning Board about changing the meeting time to 6:00pm, as that is what the Council is going to do also. Everyone was okay with doing this. They also talked about having site walks at 5:30, depending on when people are available. The meeting time in October will now be at 6:00pm.
Zach also asked the Board to do a site walk at 125 Hi Vu Drive on Monday, September 16, 2019 at 5:30pm. This is a shoreland zoning issue and requires coming before the Planning Board, hopefully in October.
Meeting was adjourned at 7:58pm