Standish Planning Board Meeting Minutes

Meeting date: 
Monday, February 3, 2020

                                                               Standish Planning Board

                                                                      Meeting Minutes

                                                                     February 03, 2020

 

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown at 6:00pm. Present were Deb Boxer, Patricia Frechette, Jolene Whittemore, Roland Cloutier, Cheryl Kimball, Zach Mosher, Town Planner and Jackie Dyer, Admin to Town Planner and Planning Board. Mr. Brown read the Chairman’s opening statement and declared a quorum with 6 members present.

Approval of Meeting Minutes from January 06, 2020

 

Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the meeting minutes as written. All in favor.

 

Old Business:

JDP, LLC, Middle Jam Road, Map 20, Lot 47-Subdivision Application-Final Approval

 

Owens McCullough from Sebago Technics was present to represent the applicant as well as Michael Phinney and an abutter, David Daniels. He said in the last meeting preliminary approval was given and they needed to refine some of the notes on the plan, tying in the conservation land and the subdivision. He said the Town Attorney has been involved and come up with language that will be stated in each deed for the lots to be sold. He gave a brief overview of the subdivision, who was acquiring some extra land and the division of the remainder of the land that Mr. Phinney owns.

 

Owens said that members of the Presumpscot Land Trust has been there and walked the property. He said if the Board is willing to now move forward with final approval, he knows there are some changes on the plan that need to be made before it can be signed. Mr. Mosher said that the plan the Board received has a couple of items that had to be cleaned up and renumbered prior to the actual signing. He said that general note 10 needed to explain about lot #2, that was sold well before the plans for the subdivision ever came about. Owens said it is part of the subdivision but can’t be considered as a lot. Mr. Mosher said that note 4 on general notes on the plan needs to be changed. Mr. Brown asked if lot 2 was going to be removed from the plan and Mr. Mosher said yes. Mr. Mosher said that they need to place granite monuments. Owens said that they usually put them on roads and right of ways, but he had spoken to Mr. Mosher about the placement of them for permanent reference down the road if they ever have to recreate the survey. Owens said they would add those to the plan as well. Owens said they could seek a waiver for this, and Mr. Brown said that the SD Warren lots all have markers, iron pins, etc. Mr. Brown said it was done years ago.

 

Mr. Brown said condition references the driveway table and the table is not there. Owens said the road frontage chart is there, but the driveway table needed to be there. Charlie said on note 1, the page number of 233.2 needs to be corrected. Mr. Brown said if we move forward with an approval, the monuments and every other correction need to be on the final plan. Owens said they would come back with a final plan and have Mr. Mosher look it over.

 

Mr. Mosher said that on the general notes page number needs to be corrected and they need to put the driveway table back on the plan. The driveway access he said will be limited to what sheet three and four of the plan say for possible driveways. Mr. Browns asked if Peter Tubbs or Roger Mosley had looked at the grading plan and was it okay?  Mr. Mosher said Roger had and was fine with it. Mr. Brown asked for other comments and asked for a motion per the Planners recommendations.

 

Mr. Cloutier made a motion that the application meets the following requirements

 

Move the Planning Board grant the final approval for “Middle Jam Subdivision” plan submitted by Owens McCullough of Sebago Technics, Inc. on behalf of applicant JDP, LLC with the findings that it meets:

 

The application meets the requirements found in Chapter 181-Part 1, Article 3(District Regulations) and Chapter 181, Part 3, Subdivision regulations.

The application meets the requirements found in Title 30-A, Chapter 187, ss4404, Review Criteria of Maine State Statute for Subdivision Review

 

Conditions of Approval:

All work shall be in conformance with the submitted plans and other application materials prepared by Owens McCullough of Sebago Technics, LLC (75 John Roberts Rd, Suite 1A South Portland ME 04106). Those plans consist of 4 sheets, entitled “Middle Jam Subdivision” and are revised through 01/22/2020.  

 

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 CEO.

 

This approval is dependent upon the applicant permanently restricting the approximately 70.2(Lot 5) acres of land abutting the three other subdivision lots as undeveloped conservation and forestry land with public access allowed (the “Conservation Land”).  There shall be no further division or development of the Conservation Land.  To that end, the applicant’s ownership and any subsequent conveyance of the Conservation Land shall include a permanent restriction that the Conservation Land remain as undeveloped conservation and forestry land, including allowance of public access thereto, and a permanent restriction that the Conservation Land not be divided or developed.  In addition to being a condition of the approval of the plan, these permanent restrictions shall be enforceable by each of the owners of Lots, 1,2 and 3(the applicant to include an affirmative covenant related to the same to be contained in each deed to a lot owner).  Notwithstanding any amendment, waiver or release by a subsequent owner of a lot, these permanent restrictions shall not be released or amended without the prior approval of the Planning Board.  Prior to the sale of the Conservation Land or any of the lots shown on the plan, the applicant shall submit both the proposed deed for the conveyance of the Conservation Land(Lot 4) and a sample lot owner deed(for Lots 1,2,and 3) to the Town Planner for review and approval as to form and sufficiency by the Town Attorney. Once those deeds are approved as set forth herein, the conveyances of the conservation land (Lot 4) and lots 1,2 and 3 shall include language containing the permanent restrictions required pursuant to this condition of approval.

 

The streetlight impact fee per code section 181-123 b. is $1800.00

 

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.

All stump burial and burning shall occur in the area noted on subdivision plan and shall comply with local, federal and state regulations.

The street impact fee will be determined and paid prior to the sale of any lots.

§ 181-83. Performance guaranty. A performance guaranty shall be provided to ensure 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.

 Prior to recording of the final plan, all conditions of approval shall be added to the subdivision plan.

 Granite monuments to be set at all 4 corners of the proposed subdivision.

 

 

Mrs. Frechette seconded the motion for approval of the subdivision. The vote was 4 for approval and 2 abstaining (Mr. Brown and Mrs. Boxer).

 

Communication:

Town Planner in reference to Highlands Subdivision Plan-Townhouses/Mixed housing (Rt.25/Oak Hill Road)

 

Mr. Mosher went over the new state law change that a subdivision application of 4 units will now be called a site plan application. He said that it used to be if you created anything more than 3 lots, it had to go for subdivision review, its now site plan review. He said that he had copied that law for everyone to see. Mr. Brown said that in the future, if someone picked a 4-unit project, it would be a site plan.

 

Mr. Brown asked about the Highland Subdivision and Mr. Mosher said we have that application and it is being reviewed. Mr. Cloutier asked if they were doing this in stages and Mr. Mosher said he thought they would have to, and it needs to be staged on the plan.

Mr. Mosher said that Pine Tree Estates has been sold and would like to do an expansion of 100 new lots. They would like to have a workshop with the Planning Board on February 24, 2020. Mr. Mosher said this would have to go to the Board of Appeals before Planning Board approval. Mr. Mosher said there are 198 existing homes there already and 220 cement pads on site. He said they met a few weeks ago and there are still some things to figure out and a long way to go before they are approved. He said they will have to go through many meetings before this expansion can be done.

 

Mrs. Boxer asked about the upcoming projects and how large they are, don’t we have to look at the impacts on the schools. Mr. Mosher said they are limited to how many permits they can get per year. He also said he should call the district and speak with them to let them know what possibly might be coming. Mrs. Frechette asked how much land Pine Tree Estates has and Mr. Mosher said they have quite a bit. She asked about the code requirement for the cement pads and how big does the lot have to be? Mr. Brown said the biggest issue would be the septic systems and the wetlands. Mr. Mosher said there are some vernal pools there. Mr. Mosher said most of these lots would be for single wide mobile homes only.

 

Mr. Mosher said the owners from Pine Tree Estates want to have a workshop with the Planning Board on February 24, 2020. This workshop will be held in Council Chambers at 5:30pm.

 

The meeting was adjourned at 6:34pm.