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Town of Gorham
September 9, 2002
PLANNING BOARD MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, Chairman DEBORAH FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE, Vice-Chair. AARON SHIELDS, Planning Assistant
THOMAS HUGHES BARBARA SKINNER, Secretary to the Board
CLARK NEILY
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
The Chairman called the meeting to order at 7:00 p.m. The secretary called the roll and Douglas Boyce and Michael Parker were absent.
1. APPROVAL OF MINUTES: AUGUST 5, 2002 and AUGUST 19, 2002.
Clark Neily MOVED and Richard Shiers SECONDED a motion that the minutes be taken separately. DISCUSSION: Mr. Neily questioned whether Ms. Fossum had made a reported statement in the August 5, 2002 minutes on page 6, second paragraph, 4th line, concerning the placement of a hammerhead that “…had the development of Virginia Woods gone forward…” Ms. Fossum replied that the statement was correct in that the development of Virginia Woods did not go forward. Mr. Neily withdrew his comment.
Richard Shiers MOVED and Susan Robie SECONDED a motion that the minutes of August 5, 2002 be accepted. Motion CARRIED 5 ayes
Richard Shiers MOVED and Thomas Hughes SECONDED a motion that the minutes of August 19, 2002 be accepted. Motion CARRIED 5 ayes
2. TERRY STREET EXTENSION Request for approval of a 406
Clark Neily MOVED and Susan Robie SECONDED a motion to remove this item from the table. Motion CARRIED 5 ayes
Walter Stinson of Sebago Technics appeared with the applicant, Dean Cole. Mr. Stinson stated that the current plan was the applicantplan provides an area for the turnaround for which Mr. Cole will provide the gravel just west of his property line.
Ms. Fossum presented the staff comments, saying that much work had been done with the applicant on the Conditions of Approval which would allow the Board, should it so desire, to approve the road as a private way and put safeguards in place to protect the Town should the Town Council not accept the road as a public street. Ms. Fossum reiterated the steps the applicant would take following the Board
Mr. Neily asked how many lots were designated being developed in the Terry Street Extension. Ms. Fossum said that at this time there are no proposed lots, but there is a subdivision, Virginia Woods, in place with 8 lots, which could be developed, but the applicant is asking the Board to rescind the development approval. The current plan shows the proposed road as serving one large lot and in time one or two additional lots could be divided out. Mr. Grant clarified that if the Board approves the new road, the Virginia Woods subdivision of 8 lots will disappear. Mr. Neily asked what the intent was of the private road. Mr. Stinson replied, stating that as the Coles were abutters to Virginia Woods, when the development did not go forward, the Coles purchased the land to serve as a buffer to their
property and the private way will help pay for the cost of that purchase. Mr. Neily asked for further clarification; Mr. Stinson replied that obviously there will be some lots sold off the private way and if necessary the applicant will return before the Board. Ms. Fossum stated that the applicant can create two lots within 5 years. Mr. Grant commented that this request is being done in reverse order to what the Board normally deals with and that he believes the applicant will fail at his attempt to get the Town Council to accept the road. He said that the plan does not state that it is an application for a private way, and asked if the road ends up as a private way, would the applicant give an easement to the turnaround and on the private way so that Town vehicles can travel to the turnaround; Mr. Stinson replied that the applicant would. Mr. Grant expressed concern that the building and paving of the road could not be accomplished before the seasonal
paving cutoff dates in order to appear before the Board and the Council and get the road accepted before snow season. He said he was concerned that under those circumstances if the Town refused to accept the road, it could mean that there would be no turnaround in place, putting a burden on the Town. He asked the applicant if he had any plans for the road this winter and if the Town could dump snow on the private way; the applicant replied that he had no use for the road this winter and the Town could dump snow there. Mr. Stinson said that as the road is only 400 feet long he believed the October paving deadline could be met without question, there would be no large cuts or fill, and Mr. Cole has a contractor lined up to do the work. Mr. Grant said that if it could be documented that the Town could dump snow at the end of the Town road or on the private way if the turnaround is not built this year, he could vote for the proposal. Mr. Stinson reiterated
that Mr. Cole had said the Town could dump snow there if the turnaround is not built. Mr. Shiers commented that he felt that the applicantaccepted and the turnaround is not built this snow season; Ms. Fossum asked if revised Condition 3 were sufficient. Mr. Grant suggested that the wording in revised Condition 3 did not cover the possibility that plowing could occur even before the request for road acceptance reaches the Town Council. Mr. Stinson asked for clarification on Condition 3, saying that the applicant is willing to grant the snow storage easement this winter if the Council has not accepted the road and they will build the turnaround if the road isn Mr. Grant asked if the temporary turnaround was documented on the plan; Mr. Stinson indicated that there is a location noted on the drawings for a future turnaround if the road is not accepted as a public road. Mr. Grant said that if the road is not accepted and the applicant has to build a permanent turnaround, it would be better to give a date some time in the spring; the Board concurred, and Mr. Cole agreed that June 1 would be appropriate. Mr. Grant told the applicant that he would not advocate acceptance of the road as a public street because in his estimation it is of no interest to the public. Mr. Neily commended the applicant for his intent and said that he might vote for it. A discussion of the need for a date certain for the easement determined that there should be an easement for the snow storage now at the end of Terry Street and that the only place the applicant can give the Town an easement is on his own property.
Ms. Fossum then read the following Conditions:
That the applicant shall provide the Town with a snow storage easement at the end of Terry Street no later than November 1, 2002 if the Town Council has not accepted the street by this date.
That the applicant shall construct the future turnaround as shown on the plan by June 1, 2003, if the Town Council does not accept Terry Street Extension as a public way.
Ms. Fossum stated that the first sentence of revised Condition 3 was no longer applicable and would be removed. Mr. Stinson said that they had no problem with the Condition with the first sentence removed. Ms. Fossum read revised Condition 3 as amended:
This temporary easement will last until the Town accepts Terry Street Extension as a public street; in the event, however, that the Town does not accept Terry Street Extension as a public street, the temporary turnaround easement shall become a permanent turnaround easement.
Mr. Grant confirmed that the location of the temporary easement should be 50 feet of the right of way that is proposed abutting the public road.
Ms. Fossum then re-stated revised Condition 3 as amended:
This temporary easement will last until the Town accepts Terry Street Extension as a public street; in the event, however, that the Town does not accept Terry Street Extension as a public street, the applicant shall provide a revised turnaround and snow storage easement to the area shown as the future turnaround on the approved plan.
Clark Neily MOVED and Susan Robie SECONDED a motion to grant approval of the requested abandonment of Virginia Woods Subdivision approved by the Planning Board in October 1989 and to approve Dean & Denise Coledo.
3. GRAVEL PIT AMENDMENT PUBLIC HEARING
Request for approval of an amendment to the “Elder Pit” registration on Route 114 to permit a relocation of and reduction in the required buffer area along the easterly sideline of the pit from 100
Bruce Elder appeared on his own behalf and said that his request is to allow a building lot for his son, to encompass part of Zone A of the gravel pit; the lot is next to the North Street Cemetery; grass is growing on the seeded banks; he has added material in the back area to reduce the slope, as suggested by the engineer; all the areas bordering the proposed building lot have been sloped and seeded; and reclamation of Zone A is approximately 80% complete.
Ms. Fossum presented the staff comments, stating that Mr. Elder
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily asked about the open space near the cemetery that needs to be buffered. Ms. Robie asked for clarification about the requirement that if Zone A must be reclaimed before any building can be permitted, why is any buffer needed for that specific lot, that the buffer belongs along Zone A and the rest of the pit. Mr. Grant said he believed that if the pit is reclaimed with vegetation established, as approved by an engineerthe edge of a gravel pit as in the past all of the subdivision development that has occurred in a gravel pit was after the entire pit had been closed, or all operations had ceased, and the applicant was required to reclaim the entire pit. She said that in this case the applicant wishes to continue operating a good portion of the pit for another ten years or so. She said that when gravel pits were registered in 1991, certain pits were grandfathered and the operators were not required to present a surveyed reclamation plan as they are today when there is a new pit application or a proposed expansion. She said that in this case there is not a new pit and there is no expansion, there is simply an applicant with a registered pit who is trying to modify it to create a building lot in the buffer. Ms. Fossum said that if Zone A were 100% completely closed out and fully vegetated, then the entire Zone A would create a buffer. Ms. Robie commented that it was her
understanding of the Ordinance that it required a reclamation plan to be completed in order to build a house lot in the buffer. Ms. Fossum said that Mr. Elder provided a time frame under which he expected reclamation to be completed, but it was not anticipated that a building lot would be created in buffers or portions of the gravel pit as the reclamation progressed. Mr. Elder commented that very little additional cutting of vegetation would be done to put a house in, that the 100 foot buffer along the cemetery is in vegetation, and John Phinney on behalf of the Cemetery Association has written a letter stating that the Association views the proposed construction as an acceptable use of the buffer. Mr. Elder said that his plan was approved by Bill Taylor, that his plan is set up to be done in phases, as the Ordinance permits, and that he has tried to comply with all requirements. Mr. Shiers commented that excavation of about 100 feet of the proposed house lot has
already occurred down into the gravel pit; Mr. Elder concurred. Mr. Shiers said that is he is not comfortable with the reclamation that has been done so far, that the upper rim of the pit seemed to be loose, although the lower part had been smoothed out to a 3 to 1 slope. He said he is not confident that that would classify as a reclamation for a gravel pit, nor would it classify as a reclamation for a house lot, and that an engineer should look at it. Mr. Shiers quoted from a July 16, 2002 letter from Steve Bushey that “… the slopes remain bare, earth with no vegetative cover established per the original 1991 reclamation plan…” and, under “Reclamation,” “The 1991 reclamation plan contained phase out program. It does not appear that much of any of the original reclamation plan has been implemented. No stockpile of top soils were observed in the pit; therefore, reclamation efforts may require the importing of
top soils.” Mr. Shiers said he is not confident enough to move on based on what he observed at the site walk, and his position is that the applicant should work with an engineer to see what needs to be done, and have the engineer determine that there is stabilization, adequate vegetation on the banks, it meets Code, and proceed from there, and that if approval were granted tonight, the applicant could go ahead and excavate in the buffer area, which the Ordinance does not permit. Mr. Grant concurred with Mr. Shiers, saying that in his opinion there is not sufficient topsoil to sustain vegetation, and he believes an engineer should return to verify the reclamation and that vegetation is established, at which point the applicant should return to the Board. Mr. Elder said that Ms. Fossum, Steve Bushey and Clint Cushman had returned to the site after the July report; Ms. Fossum confirmed that their visit had occurred in early August before the Boardwas immaterial as the Board members had seen the site after that meeting; Mr. Elder said that Steve Bushey had returned to the site after the July report and indicated he was satisfied with what had been done, and that there was no requirement to loam the slopes. Mr. Shiers indicated that his concern was stabilization to qualify for a house lot. Ms. Robie concurred with Mr. Shiers and wondered if the most appropriate method was to amend the gravel pit so that it does not contain the house lot by reclaiming the area and redrawing the boundaries. Ms. Fossum said she thought that essentially this is what Mr. Elderline where a buffer has to be established. Mr. Grant said what he thought he was hearing from Board members is that Mr. Elder should reclaim 100% the area which is affected by the house lot, at which point an engineer should evaluate the reclamation as completed, and then return to the Board to discuss where a buffer should be re-established to continue operating the pit. Mr. Hughes asked if there were any possible way to put a performance bond in place to permit Mr. Elder to start building the house contingent with future reclamation subject to the bond. Mr. Grant said it could be done if the Board so chose, but he personally would like to see the reclamation established, but did not think that was possible considering the shortness of the remaining growing season. Mr. Hughes asked Mr. Elder when he expected Zone A to be reclaimed. Mr. Elder replied he hoped to be able to do it this fall, dependent on rain, etc. Mr. Elder said that the lot had
been assessed by the Town and that he was disappointed that the Board was not considering his familybuffering that is going to be done to determine if he concurs, and that Mr. Elder may want to return to discuss where to put the buffer. Mr. Elder said the Town Attorney refers to the buffer as a setback, 150 feet on Route 114, which they obviously will not change that the house itself will increase the buffering between 114 and the pit, very little vegetation will be cut, and Steve Bushey was satisfied with the slopes. Mr. Grant said if the lot were clear-cut, the visibility into the pit would increase.
Richard Shiers MOVED and Susan Robie SECONDED a motion to approve an amendment to the “Elder Pit” registration on Route 114 to permit a relocation of and reduction in the required buffer area along the easterly sideline of the pit from 100
Susan Robie MOVED and Richard Shiers SECONDED a motion to postpone a decision on Mr. Elder
4. FINAL SUBDIVISION PLAN - “NEW PORTLAND PARKWAY” Request for final approval of a 9-lot industrial subdivision on 29.50 acres at the intersection of Libby Avenue and New Portland Road. Zoned Industrial (I) Map 29/Lot 2.
Mark Bergeron of Pinkham & Greer Engineers appeared on behalf of the applicant. He said that the overall plan has not changed since they were last before the Board on May 20, that today they had received a copy of the DEP permit, and all technical details of the project have now been resolved.
Mr. Shields made the staff report, stating that he had confirmed with the Police Chief and the Public Works Director that restricted truck traffic along New Portland Road will not impact this development as any trucks coming into the development would do so for “business” and not for convenience. In addition, Mr. Shields updated the reconstruction for Libby Avenue, stating that MDOT has postponed until 2003 the work on their section, which is from Route 202 to the mobile home park, and the last section, from the mobile home park to New Portland Road, is the Townextended through to the abutting land. He said there are some plan notes that the engineer will put on the plan, referring to the septic systems, nitrates and the buffer line for lot #1 is the full 100 feet. Mr. Neily asked Mark Bergeron if the applicant had a problem with the changes Mr. Shields referred to; Mr. Bergeron said no, that they had made the changes. Mr. Grant asked if three phase power would be provided; Mr. Bergeron said provision had been made with CMP that if lot owners so required, three phase power would be provided at that time, and that CMP would place extra conduit under the road now for that eventuality with similar sleeves, as is done for gas, placed alongside the road. Mr. Grant said that the Board cannot demand that three-phase power be provided but he would suggest it.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily commended the applicant for his work in this project.
Clark Neily MOVED and Susan Robie SECONDED a motion to grant Chase Custom Homes and Finance final approval of a 9
Board Recessed until 8:40 p.m.
5. FINAL SUBDIVISION PLAN - “AUTUMN BROOK” Request for final approval of a 3-lot subdivision and private way off Brookwood Drive. Zoned Suburban Residential/Manufactured Housing (SR-MH); Map 96/Lot 1.004.
Tim Brown, BH2M Engineers, appeared on behalf of the applicant, stating that minor changes had been made to address comments from the planning staff, the review engineer, and the Town Attorney. He said that a meeting with the applicant
Mr. Shields presented the staff report, reiterating that the meeting with the MDEP, the original wetlands delineator, himself and several abutters revealed no additional wetlands on the site. He presented the Board with a Condition of Approval that must be added, as well as added as a plan note, in order to establish what responsibilities that Kevin Allen, initially, and subsequently the purchasers of the three lots, have to the Town in the event there is any maintenance needed to be done to the drainage system under the private way:
The applicant will revise Article II of the Declaration of Protective Covenants and Common Easements to add the following language:
“Once all three lots have been sold, the owners shall also be responsible for the cost of indemnification of the Town of Gorham, as established by Section 3 of the Easement from the Town of Gorham to Kevin Allen d/b/a Downeast Builders and Excavating, dated ___________, and recorded in the Cumberland County Registry of Deeds in Book _________, Page _____.”
The subdivision plan will be amended to add a note stating:
“Autumn Brook Drive crosses an easement from the Town of Gorham to Kevin Allen. Once all three lots in the subdivision are sold, the property owners will be responsible for the maintenance of Autumn Brook Road and for the indemnification of the Town under the terms of the Declaration of Protective Covenants and Common Easements and the Easement from the Town of Gorham to Kevin Allen, d/b/a Downeast Builders and Excavating, dated __________.”
Mr. Grant commented about the imaginary line showing the limits of fire protection on lots #2 and #3, expressing concern how the Code Officer would determine the location of a line existing only on paper. Mr. Shields said that in order to apply for a building permit, the applicant will have to show a plot plan, which would have to be scaled off from the property pins. Ms. Fossum said that it is a distance certain from a hydrant. Mr. Shields said no comments or concerns were received from the Code Enforcement Officer.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant final approval of the Autumn Brook Subdivision and Private Way requested by Kevin Allen with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED 5 ayes
6. PRIVATE WAY PLAN Request for approval of a 475
Les Berry, BH2M Engineers, appeared on behalf of the applicants, stating that the private way is designed to serve family member lots, and requested an exemption for and delete off the plan the requirement for a 20 foot paved apron as the public way is gravel. Mr. Grant said he saw no reason to require a paved apron. Mr. Berry said the applicant has no issues with the Conditions of Approval.
Mr. Shields presented the staff report, stating that staff recommends approval. Mr. Shiers asked if, in the event Davis Annex Road were ever paved, it would be appropriate at that time to install a paved apron to the private way. Mr. Shields said he asked that question of the Public Works Director, who said that if Davis Annex Road were ever paved, they would make a small apron anyway, whether it was a private way or a driveway.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Clark Neily MOVED and Richard Shiers SECONDED a motion to grant Brad Young
7. PRE-APPLICATION CONFERENCE / SUBDIVISION Request for a pre-application discussion on a proposed new 44-unit condominium development on 80 acres off Fort Hill Road. Zoned UR/SR; M46/L11.001.
Robert Georgitis, Project Manager, appeared on behalf of Kasprzak Condominiums, Inc. and made a presentation to the Board of the proposed development, showing on an aerial photograph the site location of approximately 80 acres off Fort Hill Road, near USM campus, and backing up to property owned by the Town of Gorham, a pond, and bordered by Tannery Brook. He explained the first phase of a multi-phased development which would be of 12.3 acres with 11 buildings, each with 4 condominium units of 1700 to l800 square feet, with public water and public sewer accessible to the site. He said that the market that has proved the most successful to Kasprzak is the “baby boomer” one, individuals aged from 50 to as old as 80, to whom condominiums are more attractive than single family dwellings. Mr.
Georgitis showed various elevations of the proposed buildings and floor plans. He said that as this is not a wooded site providing buffers between units, they will create earth buffers, which they will plant in strategic areas, with a formal garden of some 150 feet by 800 feet long as a central focal point. Mr. Georgitis said they also propose sidewalks throughout the entire development and nature trails through the wooded area. The plan also shows ponds on the site for storm water management, but there is also the possibility that they could work with the Town to restore the pond that was on Tannery Brook. He said he has had initial conversations with the Department of Inland Fish and Wildlife and has received enthusiastic responses to restore the pond from a wading bird and waterfowl habitat standpoint and also from a fishery point of view as there was evidence of a native brook trout presence in the past. He made mention of a possible regional
stormwater plan for the Town and that this might be a place to look at the development of one facility that might handle the stormwater management needs for an entire area. In discussing the access to and from the site, Mr. Georgitis said that they have about 150 feet of frontage on Fort Hill Road but the site distance is not good, and that he has meet with DOT, who has a plan to reconstruct Fort Hill Road, but the design effort will not begin until November of this year, with construction slated for next spring. There is also an alignment problem with the road, which when resolved would eliminate the site distance problems with a proposed entrance into the development. However, Mr. Georgitis pointed out the sewer pumping station, saying that their main access would probably be located there to handle the first phase, and with the second one required by the Town being built after DOT has resolved the Fort Hill Road problems, depending on the market. He said
that if the condominiums sell well, they would continue to develop the other parcels of land in the site as condominiums, with five separate condominium associations and an umbrella association to own and maintain the main road going through the main utilities. He said that there would be a need for a sewer pump station on site. He said that the current pump station is at capacity due to the last expansion project on USM campus, so the Portland Water District is looking at a regional plan for growth in this area of Town and doing a study of what upgrades need to be done to the pump station. He also said that there may be an issue with water capacity, which is also on pumps, which may have to be upgraded. Mr. Georgitis spoke of the Kasprzak condominium development in Kennebunk and invited the Board to visit them. He indicated that they have started to perform site investigations, topography studies, the wetlands have been mapped on the property,
finishing the boundary survey, doing soils work, and asked the Board to schedule a site walk.
Mr. Shields presented the staff comments, stating that staff has met with the developer and engineers from the Portland Water District to review sewer and water, and these utilities will be extended to the development, and the current pump station is being reviewed for what upgrades are necessary. Mr. Shields referred to the developerso their policy is to build the roads to public road standards and let the association members decide if they wish to offer the road to the jurisdiction or keep the roads as private.
PUBLIC COMMENT PERIOD OPENED: Phil Kimball, 193 Fort Hill Road. Told of the 5 generations of his family who have lived on this land, adjacent to the proposed development; concerned about animal habitat, traffic and safety, poor road conditions, impact of the development on the infrastructure and schools, and possible tax increases.
Timothy Plummer, 185 Fort Hill Road: Spoke of his concern of the impact of the development on the quality of life, a need for restricting the units from being rented by college students, the significant construction disruption which will occur, and the need to maintain the original tree line and rock wall.
Diane Kimball Dresser: Expressed concern for the impact of the development on her family
Constance Kimball, 193 Fort Hill Road: Expressed concern about the size of the development, the amount of traffic, which would be generated by the development, impact on water pressure and on schools.
Debbie Kimball McNally: Has built on Kimball Way, expressed concern for wildlife, who will occupy the condominiums, traffic and noise, and the impact on her property.
PUBLIC COMMENT PERIOD ENDED.
Mr. Shiers asked if it was not the Kimball family who sold the land; Mr. Phil Kimball replied that the land had belonged to his brother Earl Kimball and his wife Irene, and that on their deaths their three children sold the land. Mr. Kimball said he had about 25 acres. Mr. Neily commented that the planned main entrance was on land, which the developer does not own; Mr. Georgitis replied that there is a deeded right of way through that property, owned by one of the sellers. Mr. Grant read into the record the following letter, dated September 3, 2002, from the Town Council addressed to him as Chairman of the Planning Board:
“Dear Mr. Grant:
We have been advised that Kasprzak Condominiums, Inc., has presented a sketch plan for a condominium project off Fort Hill Road. The initial phase of the project calls for approximately 40 plus units with a long-range build out of about 200 units.
This letter is not and should not be considered an indication of any formal position on the whole project. However, the Town Council is concerned about the potential impact of adding a large number of vehicles from a single development commuting to work and traversing the already congested intersection at Routes 25 and 114. We believe the potential impact of a large number of vehicles from this development adding to the traffic congestion at this intersection is significant.
As you know, the Town has been engaged in a 40-year effort to develop a by-pass to reduce traffic congestion in Gorham Village and is nearing completion on a $700,000 NEPA study to identify a route for this limited access by-pass. The estimated cost of the by-pass project is over $25 million and will take many years to complete. Whether this road gets developed or not, the Council remains very concerned about traffic congestion in the Village and concerned about any significant addition to the already heavy traffic burden.
In reviewing and acting on this application, the Council believes it is imperative that other access points be developed onto other roads to minimize the additional traffic burden to the Route 25 and 114 intersection and to Gorham Village. The Town of Gorham has land that abuts this proposed development and Gray Road (Route 202) that may provide an effective option for the Developer and the Planning Board to consider. There also may be other options.
The Town Council felt that in fairness to the Developer and Planning Board, we wanted to express our concern early in the process so that the respective parties could have time to address our concern about additional traffic congestion in Gorham Village.”
The letter is signed by Michael J. Phinney, Jane S. Willett, Philip A. Dugas, Calvin H. Hamblen, Norman E. Justice, Jr., and Burleigh H. Loveitt, with copies to Robert Georgitis of Kasprzak Condominiums, Inc., the Gorham Planning Board, the Town Planner and the Town Manager.
Mr. Grant said he believed that it might be possible to negotiate with the Town to cross the Town property to access Route 202, and that those negotiations need to be done with the Town Manager and the Town Council. Mr. Neily urged Kasprzak representatives and Town staff to work strenuously toward the solution suggested in the Council letter as Route 202 is much more appropriate for additional traffic than 114 would be. Mr. Grant said that this is the largest single project of its kind ever seen by the Town and hoped that the good relationship established with Kasprzak in the past can continue with this project. He said that this will take a lot of time and work and directed staff to schedule a site walk. Mr. Shiers asked the applicant to give an estimate of how long it might take to put 200 units
up; Mr. Georgitis replied the figure of 200 is not definite as they have not completed the boundary survey or the site analysis, but if they were to build that many units on that piece of land, there are many variables to consider such as the state of the real estate market, the amount of time, perhaps 6 months, required to go through the approval process, and the traffic flows, etc., with the Town, and he would surmise that it would take 10 to 12 years. He said that to build and sell out the 44 units he thought they would be looking at 2 to 3 years. He said they do not build on speculation, these are not cheap buildings to build and would run $200,000 to $250,000, so they are treading softly in their plans, but this is an area zoned for growth and when the land became available they decided to pursue it. Mr. Grant asked staff if it would be appropriate to have a workshop on some of the issues involved in the project; Ms. Fossum said staff has been working with
the developer, with Portland Water District, with Cumberland County Soil and Water District on the Tannery Brook issue, but if the Board would like to workshop the item, it can be arranged, and would be a new review procedure for the Board. Mr. Neily commented that he believed that anything to do with a project like this has to be public and open to everyone; Ms. Fossum concurred. Mr. Grant suggested that the Board think it over for possible discussion at a later time.”
8. ADJOURNMENT
Richard Shiers MOVED and Clark Neily SECONDED a motion to adjourn. Motion CARRIED 5 ayes
Respectfully submitted,
___________________________
Barbara C. Skinner
Secretary to the Board
R:\PLAN\PLBD\AGENDAS\MINUTES\PBMN03Fy\PBMN090902 sec draft.doc
2. TERRY STREET EXTENSION 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 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 an affidavit rescinding the subdivision approval for “Virginia Woods” shall be reviewed and approved by the Town Attorney prior to being recorded -at the Cumberland County Registry of Deeds;
3. That the applicant shall provide the Town with a snow storage easement at the end of Terry Street no later than November 1, 2002, if the Town Council has not accepted the street by this date;
4. That this temporary easement will last until the Town accepts Terry Street Extension as a public street; in the event, however, that the Town does not accept Terry Street Extension as a public street, the temporary turn around easement shall become a permanent turn around easement;
5. That the applicant shall construct the future turnaround as shown on the plan by June 1, 2003, if the Town Council does not accept Terry Street Extension as a public way;
6. That prior to the issuance of any building permits for lots fronting on the proposed private way, the applicant shall construct the private way extension and seek acceptance by the Town Council, and in the event that the street extension is not accepted by the Town Council, than the applicant shall construct a second turnaround in the location noted on the drawings and provide an easement to the Town of Gorham prior to the issuance of any building permits;
7. That if the roadway is not accepted by the Town as a public way the applicant must submit a maintenance agreement to the Town Planner for review and approval prior to the conveyance of any lot(s) fronting on the private way;
8. That the applicant is responsible for obtaining all required local, state and federal permits prior to the commencement of construction of the proposed private way extension;
9. That prior to the commencement of construction of the proposed private way extension, the applicant shall request a pre-construction meeting with the Town staff and the Town's inspecting engineer and will be responsible for the scheduling and coordination of all required inspections and testing during the construction of the proposed private way extension;
10. That the prior to the issuance of any building permits 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;
11. That within 30 days of approval or prior to the issuance of any building permits, the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
12. That prior to the issuance of any occupancy permits all homes shall be properly numbered with the number visible from the street year round;
13. That prior to the issuance of any occupancy permits for any of the lots served by the proposed public way extension, the Town
That the conditions of approval and the affidavit rescinding approval of the subdivision shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board, with the subdivision rescission being recorded first and the private way plan second; and that a receipt from the Cumberland County Registry of Deeds showing the time, date, and book and page number of the recorded affidavit and the decision document shall be returned.
4. FINAL SUBDIVISION PLAN - “NEW PORTLAND PARKWAY”
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 occupancy the buildings within the subdivision shall be properly numbered with the number visible from the street year round;
5. That within 30 days of approval or prior to the issuance of any building permits, the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
6. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Public Works Director and Police Chief;
7. That all lots within the subdivision are subject to the rules and regulations of the Maine Department of Environmental Protection Site Law Permit and the applicant is responsible for submitting a copy of the approved permit to the Planning Department and Code Enforcement Office prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision;
8. That all subdivision lots that are depicted within the Black Brook and Brackett Road Special Protection District Overlay must comply with all regulations as set forth in the Gorham Land Use and Development Code Chapter I, Section XVII;
9. That the final fire hydrant locations for the two required hydrants will be decided by the Fire Chief at the time of the water line extension;
10. That the reserve septic system locations, as shown on the subdivision plans, shall be reviewed and approved by the Town Planner and Code Enforcement Officer prior to being permitted and all reserve locations that are located within the 100
11. 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 SUBDIVISION PLAN - “AUTUMN BROOK” Approved Conditions of Approval
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 de minimus changes which the Director of Planning may approve;
That the applicant is responsible for obtaining all local, state and federal permits required for the development of this subdivision and private way;
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;
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, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;
That prior to the issuance of any occupancy permits for any of the lots served by the private way, 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;
That within 30 days of approval or prior to the issuance of any building permits, the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall obtain the appropriate easements from the Town Council required to pass over the Town
That the applicant shall be responsible for the construction of Autumn Brook Drive, including any required modifications or repairs to the Town
That the applicant, its successors and assigns, shall be responsible for the cost of any repairs to Autumn Brook Drive that may be necessary as a result of work required in the Town
That the conditions of approval, the proposed covenants and deed restrictions, easements and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board6. PRIVATE WAY PLAN Approved Conditions of Approval
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 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;
That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;
That prior to occupancy, all homes shall be properly numbered with the number visible from the street year round;
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;
That prior to the commencement of construction of the private way, the applicant shall request a pre-construction meeting with the Town staff and the Town's inspecting engineer and will be responsible for the scheduling and coordination of all required inspections and testing during the construction of the Private Way;
That within 30 days of approval or prior to the issuance of any building permits, the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town
That the conditions of approval, the proposed covenants and deed restrictions, easements 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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