Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
June 15, 2020
The meeting was called to order by Planning Board Chairman Charles Brown at 6:06pm. Present were Roland Cloutier, Jolene Whittemore, Cheryl Kimball, Patricia Frechette, Town Planner Zach Mosher and Jackie Dyer, Admin.to the Planner and Planning Board. Absent was Deb Boxer.
Open Meeting
a. Call to order
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum (5)
Mr. Cloutier made a motion to change the order of the agenda and take the New Business application, 5 Brothers Tile (subdivision amendment), first. This was seconded by Mrs. Kimball and all were in favor.
New Business:
Item #1 Five Brothers Tile (Brookstone Subdivision on Apple Lane) Map 10, Lot 64-Subdivision Amendment
Andy Nadeau from Horizons Engineering was present to represent the applicant and Tom Daniels was also present. He said that they are asking for an amendment, their third one, for a lot line change. He said that they were required by the Town to leave access strips between lots. He said that when the subdivision was approved, the Town reserved the right to by those access strips for the sum of one dollar. Andy said when they put it together that 5 Brothers would not want to own those strips, so that land area was included in the subdivision parcels. He said that this has caused a problem and the title company is having an issue with it.
Andy said they(title company) are trying to get a title policy for a sale of one parcel, but they do not like how this is written and they consider this an encumbrance. The title company would like the strips of land removed from the parcels and the conforming parcels. 5 Brothers would continue to own the strips of land but not the parcel owners. Zach said these strips are land are required by the ordinance. Mr. Cloutier asked if a lot was being affected and Andy said lot 2,18 and 20 were. Mr. Cloutier asked if the right of way parcel would be held or be going completely away. Andy said it would be going away.
Mr. Brown asked for public comment and there was none. Mr. Cloutier made a motion that the Board approve the application as submitted, seconded by Mrs. Whittemore. All in favor.
Old Business:
Leavitt-Tompson, LLC. Route 25/Oak Hill Road, Map 10, Lots 11 & 19C-Final Subdivision & Site Plan Application for Highlands (84 village housing units and 18 single family homes)
Larry Bastion from Teradyne Consultants was present to represent the applicant. Jamie Thompson and Brian Leavitt were present as well. He gave a brief overview of the project as they have been before the Board many times. He said they are here tonight to seek final subdivision plan approval. Larry said that during the Zoom meetings there were many items that came up for discussion and they feel they have now addressed those and revised the plans. He said they have provided all the information needed and hopefully can get final approval.
Mr. Brown said he felt it would be helpful to go through the concerns and changes made for the Board. Larry said that one of the concerns was about the abutters access to Route 25 from his property. The plan provides provisions for an easement for Oak Hill Associates (Mr. Atkinson) for their entry, unrestricted, to Route 25. They went through DOT for that. He said there was some miscommunications and misunderstandings about this access. He said they have applied to DOT to have their own entrance using the same entrance they have now. Mr. Cloutier said that they will have an easement using the new access road and Mr. Bastion said they would. He said that when they went back to DOT there was no driveway permit for that entrance. He is not sure what will happen or if they will get the permit.
Larry said that however it works out for Oak Hill Associates, Leavitt-Thompson is willing to give him the access and work with him. DEP has been sent the final phase and cost estimates. They have not heart back from DEP yet but have sent a letter that Portland Water District gave them as far as being able to service this development. He said they are hoping to hear from DEP in the very near future. Larry said they have finalized all the street names, and this was approved by the Town Council. All the changes and names are now on the final plan. He said they have provided the phases of construction and architectural plans for the proposed clubhouse. The septic is designed for one bathroom and a small kitchen. He said they are showing clap board siding and the proposed size of the clubhouse with a cape sized roof.
He said there is a letter from PWD detailing the ability to serve water to all 84 homes. He said they have that detailed on the plan. He said they are set with the Water District. He discussed the approved the waivers approved at the last meeting by the Board and said they are on the plan along with the utility poles and being spaced correctly at 250 feet along with 18 fixtures. Mr. Mosher said he did not know where the 1800.00 came from for the impact fee, but this will be figured out before the final plans are submitted. Larry said that they will figure out the impact fees and put them on the plan before the plan is recorded. Larry said they have also tried to figure out the road impact fee and that will be put on the plan. Larry said that the error on the book and page reference for the Registry of Deeds has been corrected. They have revised all notes that were discussed at the last meeting and those are corrected on the plan as well. For the final review they also had questions about the clean water plans and those have been revised also. He said they did not want to take any more trees down than necessary. He said they have also provided a pdf of the plan.
Larry said there were some questions about traffic volume between Rt.25 and Oak Hill Road, and he has provided an explanation and diagram about that. He said that they have put that all on the plan and most of the traffic is from Route 25. Larry said that Zach had a question about developed acres and he has made that correction as well as it is related to the permitting process. Larry said that they have put all the applicable waivers on the updated plan. The water district has also provided a letter of service for each phasing plan.
Larry said there was a question about shoulder width on one road and they have corrected that.
Larry spoke about Peter Tubbs recommendations and comments. They have corrected what he had commented on and what was recommended. Larry said he went over Zach’s memo and really does not have any questions about it. Zach asked about DEP’s approval and if they had any special requirements? Larry said the permits for the stormwater managements will require a third-party inspection. He said that this can be hired out and they are typically done once the catch basins are laid out and the elevations are correct. He said they look at fabric, stone and all layers plus pipes are going in correctly. Larry said it is up to the contractor to contact their third party. This will be added to the conditions of approval that a third-party review will be done. Larry said this will be done in phases and will probably require 6-8 times for a third-party review.
Zach said that they will have to get a final amount for the road impact fee and the streetlight impact fee as well. The changes will be on the final plan before it is signed. Zach said the Town has moved to LED lights. Roland said that he was looking for the Fire Department report and said we have an updated fire report from March 2020. Charlie said that Deb had sent him an email as she could not be at the meeting tonight and he feels that the Board has addressed everything she mentioned in her email to him. Mrs. Whittemore asked about the floor plan for a middle unit-bedroom 3 and Larry said it is supposed to say bedroom 2. She also asked if the clubhouse was going to be handicapped accessible and Larry told her yes. Charlie said that this is required from American Disabilities Act.
Zach said the impact fees will be rolled into each phase. Larry said the total will include all lights and street. Charlie talked about the performance guarantee in condition #14. He also read through both 14 and 15. Mr. Cloutier asked about water basins and stormwater and were they transferred to the Town to maintain? Zach said that once the project is deemed complete, the responsibility for those is transferred to the Homeowners Association. Larry said they will do the periodic inspections and Leavitt Thompson will be responsible right now for 51% until the project is completed.
Charlie asked if there were any other questions from the Board? He asked about the completeness and on condition #7 that Highland Drive is now Kayli Drive? He asked about landscaped areas and was it natural, not landscaped. Larry said that this will be a landscaped area of up to 15,000 square feet. Charlie asked about the driveway and the Oak Hill Associates driveway. Larry said that if the State approves the easement then he can use his unrestricted access. He already has access but would like to use his access he has been using and not using Highlands entry from Route 25. Larry said if DEP denies the permit for Oak Hill Associates, then there would be a change to his easement and access.
Charlie asked if he were approved, could he gate it? Brian Leavitt said that that whole entry is going to change. If Oak Hill Associate gets their permit for their entry, they would not have connection to Highlands.
Mr. Cloutier made a motion to grant final approval and read the following:
“I move that the Planning Board grant final approval for “Highlands Subdivision” plan submitted by Larry Bastion of Terradyn Consultants, LLC on behalf of applicant, Leavitt-Thompson, LLC with the findings that it meets:
The application meets the requirements found Chapter 181 – Part 2, Site Plan Review.
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, §4404. Review criteria of Maine State Statute for Subdivision Review.
The Blasting application meets the requirements in Sec 181-16.1 C – Blasting.
Roland said that approval would also be on the recommended Conditions of Approval and what was added to them, impact fees and the DEP report with findings and reports (two separate conditions) also streetlight and road impact fees.
The following are the recommended conditions of approval
Recommended Conditions –
All work shall be in conformance with the submitted plans and other materials prepared by Larry Bastion, PE of Terradyn Consultants (41 Campus Dr, Suite 101, New Gloucester, ME 04260). Those plans consist of 44 sheets, entitled “Highlands Subdivision” and are revised through 4/15/2020 and 6/1/2020.
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.
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, stormwater quality and quantity management infrastructure, and associated easements. This endorsement specifically excludes approval of deed restrictions that are unrelated to the maintenance responsibilities, protective covenants, homeowner's association by-laws, any and all other functions of said association.
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).
The Town of Standish shall be responsible for maintenance of the roadways and roadside ditches and culverts within right of way upon municipal acceptance of Kayli Drive. 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.
Town of Standish reserves the right to acquire the areas shown as future right-of-way for $1 in damages.
Septic system locations as shown in the accompanying plan set represent possible locations that meet applicable local and state standards. Final subsurface disposal system locations may be adjusted provided that the new locations are reviewed and approved by the code enforcement officer with supporting documentation by a Maine certified site evaluator. In addition, Maine dep review and approval are required for revisions to subsurface wastewater disposal field locations shown on plan sheets.
Lots 1 through 5 in the Saco River watershed shall be deed restricted to allow a maximum of 5,000 square feet (sf) of impervious area and 15,000 sf of landscaped area on each lot. The buffer areas shall be marked in the field prior to the start of construction; a copy of the recorded deed restrictions shall be provided to the Town prior to the start of construction.
Lots 6 through 18 in the Sebago Lake watershed shall be deed restricted to allow a maximum of 4,000 square feet (sf) of impervious area and 12,000 sf of landscaped area on each lot. The buffer areas should be marked in the field prior to the start of construction; a copy of the recorded deed restrictions shall be provided to the Town prior to the start of construction.
The street impact fee per code section 181-123 b. will be determined prior to final recording at the registry. The applicant is proposing 18 streetlights.
As built drawings showing location of all underground utilities and stormwater infrastructure should be provided at applicant’s expense prior to acceptance of street.
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.
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.
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 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.
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.
At 75% occupancy of the planned number of dwellings, the Property Owner shall perform a traffic analysis to determine if an eastbound left turn lane will be warranted on Route 25 for traffic entering the subdivision. When and if warranted, irrespective of occupancy level, the Property Owner shall construct a dedicated eastbound left turn lane designed to accommodate traffic as determined by the analysis.
The applicant and/or the blaster shall present proof of liability insurance in a minimum amount of $1,000,000 combined single limit per occurrence, except for agricultural purposes by an individual on his own property using binary explosives.
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.
All abutting property owners within 500 feet of the property line of the property for which the permit is requested shall be notified by first-class mail at least 10 days prior to blasting. Such notification shall be the responsibility of the applicant, and evidence of such notification shall be provided to the Town Planner. If written permission is needed from any property owner, it shall be provided to the Town Planner.
Prior to the final plan signing, the street impact fee and light impact fee will be finalized.
DEP report meets all the set requirements.
Mrs. Whittemore seconded the motion made by Roland to grant final approval. All in favor.