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Town of Gorham
March 4, 2002
PLANNING BOARD MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
CLARK NEILY, Chairman DEBORAH FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE AARON SHIELDS, Planning Assistant
MICHAEL PARKER PENELOPE OVERTON, Clerk of the Board
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
HAROLD GRANT
N. A. MARTIN
The Chairman called the meeting to order at 7:03 PM and introduced the agenda. The Clerk called the roll noting the absence of Harold Grant and N. A. Martin.
1. APPROVAL OF MINUTES: FEBRUARY 4, 2002; and FEBRUARY 11, 2002
Susan Robie MOVED and Douglas Boyce SECONDED a motion to postpone the minutes pending receipt for review. MOTION CARRIED 5-0 (Grant and Martin absent).
2. GRAVEL PIT AMENDMENT PUBLIC HEARING
Request for proposed amendments to the approved Brandy Brook Quarry off Ossipee Trail/Route 25 to allow construction of a 12
Walter P. Stinson, P.E., Sebago Technics, Inc., introduced Larry Grondin, of R. J. Grondin & Sons. Mr. Stinson presented the request outlining the proposed changes to the pit as being 1) the addition of a set of truck scales and scale house, and 2) the revamping of the entrance road with paving and rerouting of internal truck traffic. Aaron Shields gave the staff report high-lighting the site walk on March 2. Mr. Shields stated that items addressed in the Staff report and by the review engineer included culverts, safety equipment, improvements per the original plan, i.e. completion of the roadway, and a request for sub-surface waste water disposal variance. He noted that the applicant has addressed all concerns to the satisfaction of the staff and review engineer.
PUBLIC COMMENT: None offered.
Board comments followed with Mr. Neily suggesting that the exit be extended further down the hill for safety purposes. Mr. Stinson stated that a further road adjustment might have a negative environmental impact on the stream that crosses and parallels Route 25. The Board closed by complimenting the applicant on the thoroughness of the application. Mr. Stinson affirmed that the proposed Conditions of Approval as revised were acceptable.
Michael Parker MOVED and Susan Robie SECONDED a motion to grant R. J .Grondin & Sons
3. FINAL RESIDENTIAL SUBDIVISION PLAN Request for final plan approval for a 6-lot residential subdivision on 15.64 acres off Barstow & Wilson Roads. Zoned Suburban Residential (SR); M90/L3.003.
Thomas Greer, P.E. represented the applicant and indicated agreement with the proposed Conditions of Approval, including the extension of individual water services from the main to the individual lots. Aaron Shields gave the staff report, noting that the following concerns have been addressed: 1) the requirement of paved aprons for driveways to be completed prior to the issuance of an occupancy permit or the posting of a $500.00 performance guarantee; 2) the placement of overhead utilities on Barstow Road to be completed prior to the sale of lots 1-5; 3) the installation of a shared driveway for lots 3 & 4 at the applicants expense; 4) the amendment of Sheet C-2 for road elevations and construction to be signed and recorded; 5) confirmation from the Portland Water District that they would prefer five
individual taps into the 12
PUBLIC COMMENT: None offered.
Mr. Greer agreed to combine the water line services as follow: 3 and 4; and 1 and 2, for a total of three road cuts. Mr. Shiers noted that the water line shut-offs should be installed prior to the scheduled improvements for the Barstow and Wilson Road area. When asked about overhead utilities by Mr. Boyce, Mr. Greer stated that under Condition 6, the applicant intends to provide power and cable TV on poles running across the lot fronts, utilizing services poles for each lot on the opposite (westerly) side of the street, not stub poles. Mr. Boyce suggested clarifying the language of Condition of Approval #6 to reflect the developers commitment as limited to utilities within the right of way.
Ms. Fossum read the amended Condition of Approval #6 as follows:
“That the applicant shall be responsible for the cost and installation of any and all overhead utilities in the public right-of-way which will provide service to Lots #1-5 in the subdivision. This installation shall be completed prior to the sale of any of the above mentioned lots and shall be at the expense of the developer, or a performance guarantee shall be posted;”
Michael Parker MOVED and Richard Shiers SECONDED a motion to grant John T. Hawkes request for approval of a 6-lot residential subdivision located on Barstow and Wilson Road with conditions of approval as posted prior to the meeting, discussed with the applicant and amended. {No further discussion] MOTION CARRIED 5-0 (Grant and Martin absent). [7:35 PM]
4. FINAL RESIDENTIAL SUBDIVISION PLAN Request for a final plan approval for an 18-lot residential subdivision with 2 roads on 28 acres off 200 Burnham Road. Zoned Rural-Manufactured Housing (R-MH) Map 1/Lot 6.
Rocco Risbara, Risbara Bros. Construction, presented his project for final approval, and stated that he finds the proposed Conditions of Approval acceptable as revised. Mr. Risbara noted that the limited cut area referred to in Condition 9 (referring to Plan Note #18) has also been added to the opposite site along Mr. Harriman
Deborah Fossum summarized the staff report noting that the applicant has provided future access to the abutting undeveloped land; that snow easements will be granted to the Town at the time of road acceptance; that an easement has been obtained for the fire pond on adjacent property on Burnham Road; that a recreation fee will be paid in lieu of providing common open space; that the review engineer has completed final review and finds the revisions acceptable with the addition of resized culverts; that Plan Note 18 will include additional language for maintenance of buffers by the lot owners; and that an additional condition [Condition #10] requiring that the Homeowners Agreement shall be in a form acceptable to the Town Attorney, and shall be recorded in the Registry of Deeds within 90 days of approval by the Planning
Board.
PUBLIC COMMENT: None given.
A discussion followed regarding enforcement of the buffer, with Ms. Fossum noting that the Town would be responsible for enforcing it.
Both Mr. Parker and Mr. Boyce noted that although they have great respect for the applicant and the outstanding submission provided, they are troubled by the location of this development. They noted that although it is allowable under the Code, the Town
Michael Parker MOVED and Susan Robie SECONDED a motion to grant Risbara Brothers Construction Co., Inc.
5. FINAL RESIDENTIAL SUBDIVISION PLAN Request for final plan approval of a 3-lot clustered residential subdivision on 15.5 acres off Sebago Lake Road. Zoned Rural (R); Map 72 / Lot 47.
Steven Rand, Esq. presented his request for final subdivision plan approval, noting that drafts of all legal documents have been submitted and reviewed. Mr. Rand stated that he was in agreement with the proposed Conditions of Approval.
Aaron Shields summarized the staff report noting that the snowmobile trail will remain in place; that the road way meets both review engineer and Town requirements; that the site will be served be public water and private on-site sewage and underground utilities; that a site plan was prepared depicting locations of homes, driveways, grading, plantings, culverts, etc.; that the project will be monitored by an inspecting engineer during construction; that the existing driveway on lot #1 will be maintained until such time as the private way is either constructed and approved, or has a performance guarantee in place; at which point the old driveway will be abandoned and reclaimed. Mr. Shields recommended that the Board allow the sale of lot #1 once a performance guarantee has been provided to cover the old driveway
reclamation cost. He stated that an easement has been give to abutter [Roland] MacKenzie of 212 Sebago Lake Road and that a revision of Plan Note #10 allows for either transplanting or new plantings in the buffer area. Mr. Shields questioned the applicant
Ms. Fossum suggested that the intent be clarified and asked if the purpose of the Note was to provide further buffering, or to enable a field decision to be made on the substitution of new trees where it is not feasible to transplant. Mr. Rand stated he only wished to provide a visual buffer between the edge of the easement parcel and the road.
PUBLIC COMMENT: None offered.
General Board discussion followed on the buffering with Mr. Shiers asking for more buffering in the last half of the MacKenzie lot to prevent light spill-over to which Mr. Rand agreed. Ms. Fossum noted that the Mylar would require revision prior to signing by the Board.
Ms. Fossum suggested that Condition of Approval #10 for the performance guarantee be amended to include provisions for “new plant material installed” as well as the replantings.
Ms. Robie and Mr. Neily commended the applicant on the end results of the cluster plan. When Mr. Parker asked, Mr. Rand stated that the snowmobile trail would be protected the Declaration of Maintenance of Private Way and Common Open Space and the Declaration of Restrictions and Covenants documents. Mr. Shields closed by adding that it was also protected under the Code.
Richard Shiers MOVED and Douglas Boyce SECONDED a motion to grant Steven and Patricia Rand
6. ADJOURNMENT
Richard Shiers MOVED and Michael Parker SECONDED a motion to adjourn.
MOTION CARRIED 5-0 (Grant and Martin absent). [8:15 PM]
Respectfully submitted,
___________________
Penelope Overton
Clerk of the Board
March 4, 2002
2. GRAVEL PIT AMENDMENT
Approved
Conditions of Approval
1. That this approval is limited to specific amendments proposed and is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve;
2. That all other applicable conditions of approval attached to the original site plan approval shall remain fully in effect;
3. That once the access road and scale house are constructed, a record drawing of the pit shall be submitted to the town for its records and to allow ease of review during subsequent annual inspections; and
4. That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board3. FINAL RESIDENTIAL SUBDIVISION PLAN
Approved
Conditions of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning and Zoning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this subdivision;
3. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange through the Planning Office a pre-construction meeting with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
4. That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance;
5. That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round; and
6. That the applicant shall be responsible for the cost and installation of any and all overhead utilities in the public right of way which will provide service to Lots # 1-5 in the subdivision. This installation shall be completed prior to the sale of any of the above mentioned lots and shall be at the expense of the developer, or a performance guarantee shall be posted;
7. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
8. That the applicant shall be responsible for the cost and installation of all water line service connections from the 12” line within Barstow Road to within the lot boundary (curb stop) This installation shall be completed prior to the sale of any of the above mentioned lots and shall be at the expense of the developer;
9. That the applicant will assure that each home have installed the appropriate water pressure booster pump as requested by the Portland Water District;
10. That each lot owner will enter into a Limited Service Agreement with the Portland Water District as requested by the Portland Water District;
11. That the Portland Water District Indenture Agreement and Driveway Maintenance agreement shall be submitted for review and approved by the Town Attorneys prior to the release of the Final Plan Mylar; and
12. That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board4. FINAL RESIDENTIAL SUBDIVISION PLAN
Approved
Conditions of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning and Zoning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this subdivision;
3. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange through the Planning Office a pre-construction meeting with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
4. That the final sizing of roadway culverts and the Lot 2 culvert shall be reviewed and approved by the Town5. That prior to the commencement of any construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance;
6. That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;
7. That the applicant shall be responsible for the cost and installation of all required street signs (both private way and public street signs) to be placed in locations approved by the Director of Public Works and installed at the time of issuance of the first building permit within the subdivision;
8. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor prior to the commencement of construction;
9. The Plan Note 18 shall be revised to specify that the limited buffer area will be maintained by the owners of the individual lots;
10. That the homeowners association agreement shall be in a form acceptable to the Town Attorney and, upon approval by the Planning Board of the subdivision, shall be recorded in the Cumberland County Registry of Deeds within ninety (90) days of the date of subdivision approval by the Planning Board;
11. That the proposed By-Laws for the Homeowners Association, Offer of Cession, Declaration of Restrictions and Covenants, Road Association Documents and proposed deeds shall be revised to satisfy any final review comments of the Town Attorney, prior to the release of the Final Plan Mylar; and
12. That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board5. FINAL RESIDENTIAL SUBDIVISION PLAN
Approved
Conditions of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning and Zoning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this subdivision;
3. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange through the Planning Office a pre-construction meeting with the selected Review Engineer, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
4. That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance;
5. That prior to the issuance of any occupancy permits for lots # 2 & 3, the Town Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with Chapter II, Section V, and the approved Private Way Plan;
6. That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;
7. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Town Engineer and Police Chief;
8. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
9. That the applicant will assure that each home have installed the appropriate water pressure booster pump as requested by the Portland Water District;
10. The applicant must establish a performance guarantee with the Town of Gorham to cover the costs of replanting any transplanted trees or new plant material installed that may die within one year of transplant;
11. That prior to the sale of lot # 1, the applicant shall have abandoned the existing driveway or shall have established a performance guarantee to cover the costs of the construction of the new proposed driveway and the costs for the abandonment of the existing driveway; and
That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
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