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Town of Gorham
May 19, 2003
PLANNING BOARD MINUTES
LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, Chairman DEBORAH F. FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE, Vice-Chair. AARON A. SHIELDS, Planning Assistant
THOMAS HUGHES BARBARA C. 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, noting that all members were present.
1. APPROVAL OF MINUTES: MAY 5, 2003
Clark Neily MOVED and Michael Parker SECONDED a motion to approve the Planning Board minutes of May 5, 2003, as written and distributed. Motion CARRIED, 5 ayes (Mr. Grant and Mr. Hughes abstaining as not having been present at the May 5, 2003, meeting). [7:02 p.m.]
2. PRELIMINARY SUBDIVISION Smith & Smith Construction, Inc. requests preliminary subdivision plan approval for a 14-lot residential subdivision off Fort Hill Road on land of Gordon. Zoned R; M45/23L.
Shawn Frank, Sebago Technics, appeared on behalf of Smith & Smith Construction, Inc., and discussed the history of the application, stating that one of the major issues in the past dealt with access into the property. He said that there were two roadways being proposed in phase one of the development, Mercier Way, currently a private way, and Gordon Farms Road, which is the former Queen Street intersection with Fort Hill Road. Mr. Frank said that the applicant approached the Town Council and requested the opportunity to access the property via Queen Street, and on February 4, 2003, the Town Council authorized the Town Manager to enter into a contract with Smith & Smith Construction to reconstruct a portion of Queen Street, so instead of the 2200 feet of Queen Street originally proposed, the applicant
has a contract to access the first 150 - 175 or so feet of Queen Street, and then the road will veer back onto the applicantexisting terminus at Green Trees Drive and throughout the development, and the lots will be served by individual subsurface sewage disposal systems. He said that Sweet Associates has done an initial study based upon three-bedroom homes but they have asked Sweet Associates to do a study for four-bedroom homes as well. He said their intent was to get the initial 14 lots approved by the Board, obtain a Stormwater Permit through the DEP to allow them to perform certain interior work on the roads, and then return to the Board to present the remaining phase, another 24 lots, for a total of 38 lots for site location of development review through the DEP. He said that all electric, telephone and cable lines will be installed underground, with a certain number of street lights at the intersections and in the project.
Mr. Shields made the staff report, giving a summary of the project and saying that the first phase of the development would involve 14 lots and about 4800 feet of road, and after site location permitting from the DEP, the applicant would return to the Board for the second phase. He described the applicantconcept plan showing 38 proposed lots. Mr. Shields then spoke about the site distance inadequacies of both of the proposed roadway intersections with Fort Hill Road, that the developer is aware of the issue and proposes to either wait until MDOT improves the roadway or reconstruct them itself. He said that the developer has asked the Board to move forward with approval with a condition that he could start the construction of the internal roadways but not sell any lots or build any new homes until such time that either the applicant or MDOT has made the necessary improvements to meet site distance requirements..
PUBLIC COMMENT PERIOD OPENED:
John Hebert, 22 Green Trees Drive, asked what vegetation would be preserved; Mr. Frank replied that everything south of Queen Street would be maintained. Mr. Hebert questioned the safety of the proposed intersections with Fort Hill Road; Mr. Shields reiterated the applicantManager and the applicant, and the applicantwhich would have to be met under the Ordinance which he would need to discuss with staff.
Dick Sherman, Fort Hills Farm, spoke about the Net Acreage Calculations for the second phase of the project and his belief that the amount of wetlands on the site and the site topography would preclude the number of lots proposed in that second phase. Mr. Grant explained about the 11 deductions that have to be taken in the net acreage calculations in order to calculate the number of lots that would be permitted. Mr. Shields told Mr. Sherman that he was welcome to come into the Planning office where the process could be explained to him. Mr. Frank told Mr. Sherman that plans for the second phase probably would be available in the late summer or early fall. Mr. Shields told Mr. Sherman that the wetlands calculations will be done by a professional and DEP can take as long as 6 months to check the
applicant
Pat Johnson, Green Trees Drive, asked Mr. Frank to point out the location of the buffer on Queen Street between Queen Street and Gordon Farms Road.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker expressed his sensitivity as a Board member to the issue of the protection of wetlands and that developers must abide by DEP and EPA requirements and laws and the requirements of the Code. Mr. Frank commented that the DEP and the Army Corps of Engineers do not allow the filling of wetlands to create house lots. Mr. Shiers thanked the applicant for going beyond the minimum street width, and asked if the developer was optimistic about MDOThomes in the development would be 4 bedrooms, and what the anticipated market price would be. Mr. Frank replied that it was doubtful there would be all 4-bedroom houses, getting the 4-bedroom nitrate analysis provides more flexibility, and the anticipated market price would be $400,000. Ms. Robie said she appreciated the detailed Net Acreage calculations map. Mr. Boyce asked if access would be restricted on lots 1-5; Mr. Frank replied that access on lots 1-5 would be restricted to Mercier Way, and the only allowable driveway access off Gordon Farm Road would be for lot 6.
Michael Parker MOVED and Susan Robie SECONDED a motion to grant preliminary approval of Smith & Smith Construction, Inc.[7:50 p.m.]
3. PRELIMINARY SUBDIVISION Grondin Properties, LLC requests approval for a 6-lot industrial subdivision on 26 acres with frontage along Main Street/Route 25, Bartlett Road and Laurence Drive on land of Rines. Zoned I & RC; M12/Lot 26.
Owens McCullough of Sebago Technics appeared on behalf of the applicant, introduced Ken Grondin and Jamie Lowry, and gave the Board an update on the project, stating that the plan has increased to 6 lots, with two lots being retained by the Grondins, one of which (lot 5) will be retained to a future date in order to comply with MDEP regulations, and the other lot, lot 6, which is about 100 feet by 30 feet, to be conveyed to Lake Region Furniture. He said that the proposed roadway will be constructed to industrial standards, or 24 feet wide with 6 foot paved shoulders, with access on Route 25. He said a sewer line will be run through the roadway and a 30-foot easement across one of the lots has been noted to possibly provide sewer to Lake Region Furniture. He said the Grondins have moved forward with a
15-year TIF discussion with the Town, which will help the Grondins pay for the cost of the roadway construction. He said that a 30-foot access easement will be retained from Bartlett Road over to Hutcherson Drive for the benefit of R.J. Grondin, the purpose being that if and when the roadway is built, hopefully this summer, and once all the lots are sold, a portion of Bartlett Road would be removed and the 30-foot easement would provide more direct access for Grondins through the commercial subdivision. He said that the Townfiled with the DEP, and asked the Board for a waiver of the high intensity soils survey as the project is to be serviced by public water and public sewer. He said that there is a small piece of Roadside Commercial zoning, and at some future date Grondin may pursue adding more Roadside Commercial because of some potential users for lots 4 and 5. He said that the 100-foot buffer requirement in part buffers Grondin from Grondin, a rather unique situation, and they may come back with a request for a zone change. Mr. Grant commented that the Planning Board may reduce the 100-foot buffer requirement by 50%, and that the Board and the Town Council would willingly work with the applicant.
Mr. Shields said that staff had no comments in light of Mr. McCullough
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD CLOSED.
Mr. Parker commended the applicant for the extensive background preparation on the application so that it is ready to go rather than ready to discuss.
Richard Shiers MOVED and Michael Parker SECONDED a motion to grant Grondin Properties, LLC
Mr. Neily expressed his enthusiasm at the possibility of the Town getting a disposal site for certain types of waste.
Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant preliminary approval of Grondin Properties, LLC
4. FINAL SUBDIVISION Hans C. Hansen requests final subdivision approval for a 4-lot residential subdivision on 8.28 acres off County & Brookdale Roads. Zoned R/SZ; Map 4/L6.004, .005 & .006.
The Chairman announced that Mr. Shiers was excused from participating in the discussion of this item.
Thomas Greer, P.E., Pinkham & Greer, appeared on behalf of the applicant and reviewed the history of the project. He said that the road needs to have additional pavement placed in order to bring it up to current Town standards, which the applicant is willing to do, everything else is ready to go, and they are in accord with the Conditions of Approval.
Mr. Shields presented an overview history of the project, and said that Mr. Hansen will convey ownership of the subdivision to Ronald Berube once it is approved. He said that the applicant
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant final approval of Hans C. Hansen, Inc. and Ronald Berube
Mr. Shiers rejoined the Board.
The Board agreed with Mr. Grant that all the remaining items on the Agenda could be heard before 10:00 p.m.
Stretch Break from 8:15 p.m. to 8:25 p.m.
6. PRE-APPLICATION CONFERENCE / SITE PLAN ODAT Realty Holdings, Inc. requests a pre-application site plan discussion for a proposed 21,275 sf industrial building on 5.33 acres on 20 Sanford Drive in the Gorham Industrial Park. Zoned I; M12/L33.016.
Danielle Betts, civil engineer with Sebago Technics, appeared on behalf of the applicant and described the proposal, saying that there would be offices in the front of the proposed building, a large shop area and loading and unloading areas, with visitor parking in the front and employee parking on the west side. She said the site will be served by public water and sewer, with telephone, cable and electrical utilities coming on site from the existing utilities on the west side of the site. She discussed stormwater and runoff, which is designed to go to a detention pond on lot 10, about 3 lots east of the site, with a review still being done of the adequacy of drainage installed on the adjacent lots between ODAT and lot 10. Ms. Betts said ODAT has an aggressive schedule of construction anticipated for the
summer as they have a possible tenant for the building they presently occupy, so they would like to come back in June for final approval if possible.
Mr. Shields presented the staff comments, pointing out that the applicant has provided more information, almost a full preliminary package, than is normal for a pre-application so that the process can be expedited
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD CLOSED.
In response to a question from Mr. Hughes, the applicant replied that there was someone interested in the old ODAT facility. Mr. Shiers commented on the proposed 38 employee parking spaces and asked how many people are employed by ODAT; Ms. Betts replied that she believed there are up to 40 employees, with 25 employees at one time, and there is room to expand the building and the parking as well. Mr. Grant asked staff to schedule a site walk. [8:35 p.m.]
7. PRE-APPLICATION CONFERENCE / SUBDIVISION & SITE PLAN Adam Blaikie & Assoc., LLC requests a pre-application site plan discussion for a 24-unit detached single-family condominium subdivision and site plan development off 95 Libby Avenue on land of Shepard. Zoned UR; Map 27/Lot 1.
Shawn Frank, Sebago Technics, appeared on behalf of the applicant and described the project as being 15.75 acres next to the Toddle Inn on Libby Road. He said it would be their intent to convey approximately 2.5 acres to Toddle Inn to allow them any future expansion. Mr. Frank said it was proposed to bring a sewer system into the proposed roadway to be connected into the municipal sewer system, thereby allowing them to make the site a 15,000 square foot lot, somewhat less than 13 acres. He said the proposal calls for a 900-foot roadway coming off Libby Avenue and another small roadway about 400 feet in length, with 24 single family detached condominiums on site, similar to the development which has been done at Park South off 114. He said they have talked to Public Works, and it is their
understanding that Libby Road is not proposed to be improved by the State this year, but perhaps doing the work in 2004 or 2005, and it would be their intention to contribute to a proposed sidewalk extension fund as Toddle Inn has done to provide for sidewalks to be included in the work when the State improves Libby. He said they hope to achieve gravity sewer feed back to Libby without any additional pumping stations. Mr. Frank said they have concentrated the developed area on the plan to leave a large open space to the rear of the property and that there will be 3 or 4 different building elevations.
Mr. Shields made the staff comments, confirming that the proposed development is very similar to Park South, a site plan/subdivision condominium plan of single family homes in a condominium development, typically targeted toward empty nesters and retirees, all on one entire lot. He said the plan is not being proposed as a cluster as the front setbacks are proposed to be kept off the road. He pointed out that the Meadowland condominiums, which abut this property, have a Gorham Trails easement over their common land, and the Board might want to consider this for the site under discussion. Mr. Frank said he had discussed with his client the final disposition of the open space, and his client is wide open to discuss any option the Board wishes.
PUBLIC COMMENT PERIOD OPENED:
Ed Weymouth, an abutter in the Meadowland condominiums to the rear of the site, spoke about his concerns regarding the traffic impact on Libby and the issue of drainage. Mr. Shields said he was sure the applicant has begun its work regarding these issues but staff has not seen any particulars as yet.
PUBLIC COMMENT PERIOD ENDED.
Ms. Robie said that the road classification shown on the plans is for a 22-foot wide road and she would like to see it wider. Mr. Hughes said he believes that a 22-foot road curbed on both side is difficult to negotiate and there should be at least two more feet on each side, or 26 feet, for safety considerations. Mr. Shiers said that the Board has been considering 24 feet, with which the Board generally concurred. Mr. Frank said he thought he could “sell” 24 feet. Mr. Hughes pointed out an error the applicant had made in its net acreage calculations. Mr. Parker asked for an orientation on the map of the abutting trail, which location Mr. Frank pointed out on the Meadowland property at the end of Joseph Drive. Mr. Weymouth confirmed that the trail has been built.
Mr. Boyce asked for identification of the northerly abutter to the site; a discussion then ensued about the Sawyer property, with Mr. Boyce suggesting that perhaps the Board should discuss the option of street continuation. Mr. Neily said he would like to have an update from the staff on the status of the Libby Road improvements and sidewalk. In response to a question from Mr. Shiers, Mr. Frank identified the applicant as the Patterson family out of Sanford. Mr. Frank also indicated that building elevations and floor plans would be made available to the Board. Mr. Grant directed staff to schedule a site walk. [8:50 p.m.]
8. PRE-APPLICATION CONFERENCE: SUBDIVISION Risbara Bros. Construction Co., Inc. requests a pre-application subdivision discussion for a proposed 17-lot residential subdivision [consisting of 16 new house lots and 1 lot containing the existing single family farmhouse] and 1,500 foot road on 58.8 acres off 17 Dingley Spring Road on land of Mason. Zoned R; M81/L29.
Rocky Risbara appeared to represent himself and the Masons, who are selling the site, and introduced Nancy St. Clair of Sebago Technics who is working with Risbara Bros. Mr. Risbara said they are moving forward with a high intensity survey, and the plans being shown to the Board are based on a medium intensity soils survey. He described the topography of the site and showed two plans, one a traditional subdivision and one a clustered subdivision. He indicated that they feel the clustered subdivision is more appropriate to the site, with preliminary numbers showing about 17 lots on the site, including the original farm house, leaving 29 acres of open space which they have not yet decided who will own. Mr. Risbara said they anticipate a development similar to their Distant Pines subdivision on the
Burnham Road. He said the farm will be sold to Risbara by the Masons and then re-sold, and the Masons will keep lot 10 for their own use. He said the road they propose to build would be a public road, the lots would be served by well and septic, and the utilities would be underground.
Ms. Fossum presented the staff comments, saying that the proposed clustered lots would range from 40,000 square feet upwards to 270,000 square feet, and the only dimensional standards which would be reduced under the proposed cluster would be the road frontage, which would be reduced from the 200 requirement under the conventional zoning to 150 feet. Ms. Fossum said that several neighbors from the Dingley Springs Estates subdivision have called to staffSprings Estates did not receive notice of this pre-application meeting. She stated that they will be notified in the future of any and all meetings and the site walk to be held on the project. She said that close attention will need to be given to what sort of impacts might be caused by the subdivision due to its location in the water source protection area, such as nitrate studies involving a private but public water source close by. Mr. Grant said he was familiar with the area, and it is downstream from Dingley Spring Estates, and Dingley Spring itself is up gradient from this property. Mr. Grant commented that while it would probably be cost prohibitive, had the applicant looked into the option of public water. Mr. Risbara replied that Portland Water District had told them that the closest main they would be allowed to tap into would be on Huston Road. In response to a question from Mr. Grant, Mr. Risbara said the PWD would not let them tap
into 114 because the pressure is so extreme. Mr. Grant said he would like to see a letter from PWD to that effect in light of some previous information PWD had transmitted to the Board during workshop meetings. Mr. Grant spoke of another parcel of land coming up for sale directly across from the Mason property, and commented that sometimes two developers can join together if the time frame is right. Mr. Risbara said he would talk to PWD again and try to get something in writing.
PUBLIC HEARING PERIOD OPENED:
Lynn Hamilton, abutter, asked if all the existing farm buildings will be retained; Mr. Risbara said they would be, except for the pig pen. Ms. Hamilton asked how the farm site will be integrated into the site; Mr. Risbara replied that the cluster plan allows for the farm site to be 3.6 acres with a hill in back, creating a natural buffer. Ms. Hamilton commented that all the open space is in the back of the site; Mr. Risbara replied that economically the land is best suited to build in the front, that it would be too expensive to take the road that far back into the site, and that they are trying to max out the site. She also asked how the new roadway will be treated as it impacts her property line; Mr. Risbara replied that the road will sit back 25 to 30 feet from the property line.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker asked about the trail easement that comes out of the cul de sac and to what it might connect. Mr. Risbara replied that there is now in place an existing, posted snowmobile trail that has been used by ATVs as well. Mr. Parker asked if they would give some consideration to a place for vehicles to park at the trailhead; Mr. Risbara said he would discuss that with the Masons. Mr. Risbara said there was a bridge across North Branch Brook for snowmobiles. Ms. Robie replied to a question from Mr. Grant that she believes the cluster plan is a very nice one; Mr. Parker agreed and said he thought the property was a very beautiful recreational area. Mr. Shiers commented again about the applicant tying in to public water. Mr. Grant said he believes the water question will be of
significance, but that the applicant cannot be asked to extend water at the cost of the project going forward. Mr. Risbara said a rough estimate would be $650,000 to extend water from Huston Road to Dingley Spring Road, and it were to become a joint effort it might not be that bad, but if it fell on their project alone they would not be able to fund it. He said he would come back to the Board with a letter from the PWD stating exactly what they can or cannot do. Mr. Risbara answered a question from Mr. Parker by saying that they anticipate the road being a public road. Mr. Hughes complimented the developer on the cluster plan, commenting on the contrast between the conventional subdivision and the cluster plans and noting how much common space is achieved with the cluster plan. Mr. Boyce said that the site walk will be more tedious because the abutters who were not notified of tonightthe benefit of tonight
9. ADJOURNMENT
Michael Parker MOVED and Douglas Boyce SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [9:21 p.m.]
Respectfully submitted
____________________________
Barbara C. Skinner
Secretary to the Board
May 19, 2003
4. FINAL SUBDIVISION 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 project;
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;
That the Offer of Cession, 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;
That each buildings within the subdivision must have its lowest floor, including basement, a minimum of one foot above the 100 year flood elevation and must have this elevation certified by a professional engineer, surveyor or architect prior to start of construction;
The applicant shall be responsible for compliance with the current street construction standards for total pavement depth required for a rural access road prior to offering the street to the Town for acceptance;~
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 in lieu of the required Recreational Space Ordinance;
That prior to occupancy each house within the subdivision 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 Fire Chief and Police Chief;
That the applicant shall provide property line information and site information in auto-cad format to the Town Planner;
The applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and
That the amended subdivision plan and related Decision Document shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan and a copy of the recorded Decision Document shall be returned to the Town Planning Office prior to issuance of any building permits for any of the lots within the subdivision.
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