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Town of Gorham
July 7, 2003
PLANNING BOARD MINUTES
LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, CHAIRMAN DEBORAH FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE, VICE CHAIR. AARON SHIELD, Planning Assistant
THOMAS HUGHES BARBARA SKINNER, Clerk of the Board
CLARK NEILY
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
The Chairman called the meeting to order at 7:00 p.m. The Clerk called the roll, noting that all Board members were present.
1. APPROVAL OF MINUTES: JUNE 16, 2003
Michael Parker MOVED and Clark Neily SECONDED a motion to approve the minutes of June 16, 2003, as distributed. Motion CARRIED, 5 ayes (Harold Grant and Douglas Boyce abstaining as not having been present at the June 16 meeting). [7:01 p.m.]
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2. AMENDMENT TO THE LAND USE & DEVELOPMENT CODE PUBLIC HEARING
Proposed amendment to Chapter II to add a new Section IX governing when public water must be used or extended to serve new developments.
Ms. Fossum explained that the Town Council Ordinance Committee
Clark Neily MOVED and Thomas Hughes SECONDED a motion that the Planning Board postpone the Public Hearing on a proposed amendment to the Land Use & Development Code on Public Water Supply pending clarification from the Town Council on which draft it would like the Planning Board to provide its recommendation. Motion CARRIED, 7 ayes. [7:03 p.m.]
3. AMENDMENT TO THE LAND USE & DEVELOMENT CODE - CONTRACT ZONING
PUBLIC HEARING
Proposed amendment to Chapter I, Section I, H. Contract Zoning to allow contract-zoning agreements for residential developments where there will be significant public benefit to the community.
Ms. Fossum explained that currently there is a provision in the Code, adopted about 1995, which allows developers to propose contract zoning agreements with the Town for non-residential development as a means of encouraging business, commercial, and industrial development in the Town. She said the proposed amendment to the Contract Zoning ordinance will allow residential developers to propose contract zoning agreements when as part of their development they are proposing public improvements of significant public benefit to the community and which are consistent with the Town
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Michael Parker MOVED and Clark Neily SECONDED a motion to recommend that the next to last sentence in the last paragraph of the proposed ordinance, which reads “Contract or conditional zoning shall not permit the establishment of a nonresidential use in a residential district where such use was not allowed by the original zoning,” be stricken from the final ordinance; and to recommend adoption of the revised proposed amendment to Chapter I, Section I, H. Contract Zoning to allow Contract Zoning agreements for residential developments where there will be significant public benefit to the community. Motion CARRIED, 7 ayes. [7:09 p.m.]
4. SITE PLAN/PRELIMINARY SUBDIVISION PUBLIC HEARING
Request for preliminary approval for a 62-unit condominium project on a 78-acre site off Fort Hill Road on land of Ramsay. Zoned UR/SR; Map 46/Lot 11.001.
Bob Georgitis, Kasprzak Project Manager, and Owens McCullough, P.E., Project Engineer, Segago Technics, Inc., appeared on behalf of the applicant. Mr. Georgitis explained that there are three different prototypes for duplex-style buildings, two of which have garages in the middle between the two units, and the third prototype has the garages on the outside, which is why the plan shows building units. He said the overall project is a significantly expensive site to develop, with high off-site costs, so the project has been split into three phases in order to meter out some of the costs. He said that meetings have been held with staff to work out various details, the project has been before the DEP for the past 4-plus months, and he is hopeful that a DEP Site Location Permit will be available within the
next month.
Mr. Shields presented the staff comments, noting that the applicant is working with DOT on the Route 114 sidewalk design, and Kasprzak will fund the sidewalk and drainage improvements as specified by DOT. Mr. Georgitis confirmed that the sidewalk improvements will take place next year, with DOT doing the design work, and although there have been no bid estimates as yet, he said Kasprzak is budgeting in the neighborhood of $125,000 to include sidewalks, curbs, catch basins and storm drains. Mr. Shields commented about the street designs, saying that the two major roads into the development, Peregrine and Falcon Crest Drives, will be designed and constructed to the standards for urban sub-collectors, with the homeownersTown. He said that the remaining interior roadway “spurs,” or internal access drives, which are allowed under site plan review, will be constructed as private access roads to public standards for emergency vehicles. Mr. Shields called the Boardvariation in the width and location of that section of esplanade.
PUBLIC COMMENT PERIOD OPENED:
Debbie McNally, abutter on Kimball Way, expressed her concern about traffic and the congestion that will occur, saying that the issue has not been addressed and that it is a traffic nightmare waiting to happen.
Phil Kimball, 193 Fort Hill Road, adjacent to proposed development, asked why the plan has increased from 42 to 62 units and how it affects the 5-phase plan. He commented about the existing developments off Fort Hill Road and the other proposed developments planned for Fort Hill, and said that even with the proposed improvements, he believes that Route 114 will be the most dangerous road in Gorham. Mr. Kimball said that Kasprzak should plan its entrance off Gray Road on the TownPUBLIC COMMENT PERIOD ENDED.
Mr. Georgitis replied to the public comments, saying that one of the first critical issues addressed with the Planning Board was the issue of the Gray Road/Town property entrance, which posed environmental difficulties that could not be worked out with DEP. He said they are working to try to minimize the traffic impact and meet Town ordinance requirements, and that the increased number of units is an attempt to balance out the significant off-site costs, which could be up to a half million dollars, and that the number of phases will still be 5 or 6 and which will not exceed what is allowed by the zoning. Mr. Grant commented that the Town Council had written a letter to Kasprzak asking that they investigate the Gray Road entrance, which proved to be impractical because of the wetlands issue. Mr. Neily
asked on what side of 114 the sidewalks will be placed; Mr. Georgitis replied that sidewalk now ends across the street from USM on the Kasprzak side of Fort Hill Road and DOT is designing an extension from the top of the hill down to the first entrance of the planned development, or the easterly side. Mr. Grant commented about the three major improvements Kasprzak will undertake: the pump station, extension of the sidewalk, and improvements to 114, and asked what guarantees Kasprzak offered as to their financing. Mr. Georgitis replied that the reconstruction of 114 and the sidewalks would be something that Kasprzak would fund directly to DOT as part of their agreement with them, probably in the form of posting a bond once DOT has received bids and has final figures, and that Kasprzak is budgeting around $200,000 for those two items. So far as the pump station is concerned, Mr. Georgitis said they have been working with the Town on an estimate of
$270,000, which is for a total replacement of the existing USM pump station to increase the capacity of the current average daily flow of under 250 gallons per minutes in a peak flow. He said the new station is being designed to handle 700 gallons a minute in a peak flow, and Kasprzakparticipate with the Town in the initial sewering of Gorham Village, and staff has been contacting various engineers and Portland Water District officials involved at the time, but the picture is still incomplete. She said Kasprzak will be informed as soon as there is an answer. Mr. Grant said that if preliminary approval were granted tonight, before the applicant can return for final approval, it needs documented evidence of when the various improvements will take place, with evidence of financial capability being shown. Ms. Robie asked Mr. Georgitis what the minimum width to which the esplanade would decrease in the area where the applicant wants to reduce it; Mr. Georgitis replied that the minimum is zero, that from Fort Hill Road to the first intersection there would be no esplanade, just street, curb, and sidewalk. Ms. Robie also commented that she was sorry to see the garden disappeared; Mr. Georgitis replied that it had not disappeared, it has faded,
that in this phase the investment for the garden has been minimized but space has been left for it, and in later phases they hope to do more to create the garden. Ms. Robie further said that she personally would like to see net density calculations done so that it is clear where deductions have come from. Ms. Fossum said that the Board has specifically asked staff to develop a standardized format that each developer will use in the future in their net density calculations. Mr. Hughes asked where the developer stood on fire protection. Mr. Georgitis replied that their plan for a four-plex building was abandoned when they investigated the Townfor capital needs such as fire equipment, but the Town Manager said the Town doesnone disagreed.
Douglas Boyce MOVED and Michael Parker SECONDED a motion to grant preliminary subdivision approval of Kasprzak Condominiums, Inc
5. SITE PLAN/PRELIMINARY SUBDIVISION PUBLIC HEARING
Request for preliminary approval for a 40-unit condominium project on 25 acres of a 106-acre parcel off 136 Barstow Road on land of Hawkes and of Barstow. Zoned SR/MH; Map87/Lots 21,22 & 23.
Thomas Greer, P.E., Pinkham & Greer, appeared on behalf of the applicant, John T. Hawkes, who was also present. Mr. Greer updated the Board on certain issues, stating that the project has been submitted to DEP for a storm water permit, which has been accepted and is in process, with an anticipated issuance date sometime before September 9. He said they have been working with Town staff on the intersection of Rote 237 and the northern end of Barstow Road, and as of last week, agreement has been reached to shave off the top of the hill to improve site distance instead of re-aligning the intersection. He said that the design and permitting time lag through DOT is approximately 6 months, and their proposal would be to make the submittal as soon as possible with the actual construction occurring at the
beginning of phase 2 of their project, which would be the second group of 20 units. Mr. Greer said that $2000 per unit for the 40 units has been offered, and he believes the work is scheduled for next summer by Public Works, and the applicant would contribute the entire $80,000 up front with the understanding that the reconstruction of Route 237 would occur at the beginning of the second phase. Mr. Greer said that most of the Townsystem, as well as this section of Gorham, with a larger booster station over the next 3 to 5 years; and (2) upgrading the White Rock School area only. He said that if either of these two options materialize in a timely fashion the applicant will contribute an appropriate sum representing the savings in not having to build a pump station. Mr. Greer said that before final approval from the Board, the dollar amount will have to finalized with a decision made about building the booster station based on any activity by Portland Water District. He said the project has been divided into two phases, some of the landscaping details have been changed, drainage issues have been addressed, and although there are some minor issues to be worked through with staff, they were seeking preliminary approval tonight.
Mr. Shields complimented Mr. Greer on his patience through the review process and the various changes that have occurred in the plans. Mr. Shields confirmed that instead of an “s” curve to relocate the intersection of Route 237 and Barstow Road, the best alternative would be to shave off the top of the hill of Route 237, and that the applicant has asked that the Board allow this improvement at the start of phase 2 of the development, allowing DOT time to work through the permitting and design process. Mr. Shields said that the applicant has agreed to pay the $80,000 up front toward the cost of improvements to Route 237, the Public Works Director and the applicant are working with the land owner on the entrance corner area at Barstow Road, after review the septic systems have been found to be
acceptable, hopefully the developer will be able to share the pump station costs with whatever the Portland Water District decides to do, but the development could go on line individually without waiting for PWD action.
PUBLIC COMMENT PERIOD OPENED:
Charlotte Adams, property owner at 167 Barstow Road, presently a resident of Florida, expressed her concern about George Barstow, Sr., who was her mother
George Skillin, 157 Barstow Road, questioned the number of lots and the distance between the units.
Newbern Miner, 19 Bear Run Drive, expressed his concerns about the wells on Bear Run and possible contamination, asking that the developer place monitors for the residents of Bear Run and asking if it would be possible for the Board to require the builder to have some level of insurance or a bond to cover the expense of running public water to the residents of Bear Run should their wells become contaminated.
PUBLIC COMMENT PERIOD ENDED.
Mr. Greer replied to the comments, saying that the property is owned by George Barstow and there is a purchase and sales agreement between him and the New Tomorrow, LLC, of which John Hawkes is a principal. He said that to his knowledge, Betty Dyer is not a part of the LLC and that she is in the process of renovating the house on Barstow Road; the financing is not going to be through HUD, the condominiums will be upper income, high level units; there will be a deed restriction that one occupant must be at least 50 years old or older in order to be an owner; Mr. Hawkes through the LLC has been working with different financial institutions to finance the project; in order to secure funding approval must be in place; the parcel remains intact with the same number of lots, except that one portion has been sold as
additional buffer to an abutter; the distance between the units is about 370 feet as the units have been stretched out to improve the building design; testing and impact analyses have shown that there will be no impact on groundwater, that drinking water standards have been met, and they do not believe that a groundwater monitoring program is necessary. Mr. Neily said he thought that due to prior activities on the site, many contaminants would have been leached into the ground; Mr. Greer replied that the only soils samples that were contaminated were on the surface near the end of the barn, but that they did not reach a level of being considered hazardous waste, and that the phase 1 study was done under the observation of the Town Mr. Shiers asked about the deed restrictions; Mr. Greer said he would provide Mr. Shiers with a copy but that one restriction is that one owner must be aged 50 or older, that the units must be leased and not rented, and that a copy of the lease must be reviewed by the association. Ms. Robie asked about the no-cut buffer and a strip of wetland that is not included within that buffer; Mr. Greer said they can try to include the wetland in the no-cut buffer. Ms. Robie said that the visual impact of the project is the important issue in her opinion. Mr. Greer confirmed to Mr. Shiers that the project entrance intersection with Barstow Road at the corner was included in the Public Works budget and would not come out of the $80,000 developer contribution, that Mr. Lorfano asked for enough money to widen the shoulders, add fill to shave off some of the higher spots to improve site distance, and to bring Barstow Road closer to Town standards. Mr. Greer said that
the Portland Water District Trustees voted to have the staff abandon the easement in exchange for a gravel road along the pipeline and to allow staff to negotiate for the land necessary to be purchased for a sum of $10,000 to widen the intersection; however, the developer does not need to buy the land at the intersection, so they will spend that money and more to bring Route 237 more into compliance. Mr. Shiers asked how the developer would guarantee the work which must be done, when will the work be done and who will do it. Mr. Grant commented that there are 3 items before the Board: 1) the $80,000 for improvements on Barstow Road; 2) a question about whether the pumping station will be private or public; and 3) the improvements to Route 237, and that he believed as the applicant is putting the $80,000 up front, it might be fairer to permit the improvements to 237 to wait until phase 2 of the project. Mr. Greer said that when they return for final they
would have a better answer on the pumping station matter, would be able to tell the Board if they were going to start on the infrastructure immediately and start building the units next summer, which might give the Portland Water District enough opportunity to see if White Rock will go through. Mr. Greer said if the PWD hasnbeginning of the second phase, it was probable that they would be back before the Board with design changes that were likely to occur. Mr. Greer replied to Mr. Shiers that they anticipate the work on Barstow Road being done by the Public Works department next summer and they will provide the Board with a written commitment that the $80,000 funding will be there for the work. Mr. Grant said that a condition of approval can be put in place that the applicant cannot get a building permit until the improvements are done; Mr. Greer asserted that was not what Mr. Grant had asked earlier, but instead that Mr. Grant had asked if the applicant would agree that no building permits would be issued until their funds were in place, and that was what Mr. Greer had agreed to. Ms. Robie asked about the two 50 foot rights of way from Allison Lane and Bear Run, saying that no provision had been made for road continuation. Mr. Greer said they believed that the large amount of
open space was of more benefit than ever trying to extend a road from this project to one of those private ways. Mr. Shields commented that the issue was discussed in a prior meeting, and while it was not voted upon formally, the Board did not feel it was appropriate for this project to require the road extension. Mr. Grant asked if the Board concurred that it was not appropriate to require the road extensions. Mr. Boyce commented that he concurred that it was not practical, and asked Mr. Greer if what was before the Board represents the ultimate development of the property and that there is no other remainder land available for development. Mr. Greer replied that he could not say they would never be back before the Board, but it is the intent of this developer with this project that this is it. He also said that there were other places suitable for development, such as the field along Barstow Road, but that it not intended for this project. Mr.
Boyce asked how the issue was defined for the purchasers of these units. Mr. Greer replied that under the condominium documents, a purchaser gets his own unit as a limited common element and all of the roadways and open land would be common elements, and in order for future development to occur, all 40 condominium owners would have to agree to add more units. Mr. Greer confirmed to Mr. Boyce that in order to add more density in the form of additional units, a vote of the condominium association would be required. Mr. Grant stated that a plan note should be added restricting future development of the parcel. Mr. Neily said that if 81 acres are set aside as open space, then it never can be changed. Mr. Grant said that staff should add that as a condition and hopefully the applicant will agree to it. Mr. Shields said the common open space will be owned and retained by the association and a majority vote would be needed to make any changes, and they
would have to come before the Board with any proposal, and that probably a plan note or a condition of approval should be done.
Douglas Boyce MOVED and Richard Shiers SECONDED a motion to waive any requirements of future street extensions because of the topography and wetlands. Motion CARRIED, 7 ayes. [8:38 p.m.]
Mr. Hughes asked for a clarification concerning the minimum age of one owner of 50 or 55 and if the person had to live on site; Mr. Greer answered that the age is 50 and that he believed the intent was to have the person live there, but it was followed by some lease agreement language. Mr. Parker commented that he thought the open space was going to be guaranteed by an easement to some organization other than the condominium association; Mr. Greer said they had talked to Cindy Hazelton about the Town taking a conservation easement over it, but the Town was not interested in another easement. Mr. Parker said he wanted to see the open space maintained in an ironclad fashion, such as a conservation easement whereby the condominium association gives up the right to develop it. Ms. Fossum reminded the
applicant that there might be other entities that might be interested in accepting an easement and she would provide this information to the applicant. Mr. Neily said he believes that it is a matter of law that the open space acres are dedicated to that purpose and asked if Ms. Fossum knew of any case where open space did not remain that way. Ms. Fossum said she could not think of any situation where that had happened, and that it would be a complicated legal matter and would definitely have to come back before the Planning Board as a request for an amendment to the plan. Mr. Neily commented that he regrets seeing residential development on the outskirts of Gorham; however, there are no specific ordinances that preclude it, so the plan must be examined on its merits, and in this case there are good aspects such as the acreage in open space and the condominium plan is better than individual homes. He reiterated that he wants to have the names and numbers of
shares held of the shareholders in the New Tomorrow, LLC, before any final vote on this proposal. Mr. Grant summarized the status of the application as follows: the applicant will give the $80,000 to the Town before any building permits are issued; no one on the Board disagreed with allowing the applicant to make the improvements to 237 at the start of phase 2 of the project; and an answer about the pump station would be necessary before final approval.
Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant preliminary subdivision plan approval of John T. Hawkes
Stretch Break to 9:00 p.m.
6. FINAL SUBDIVISION PLAN Request for final approval of a 6-lot residential subdivision with a 1,070-foot private way “Faith Drive” on 19.94 acres off 84 Deering Road. Zoned R/MH/SZ; Map 14/Lot 6.003.
Mr. Calvin Beaumier told the Board that the final issue of buffering has been resolved with the abutter, and showed the Board a photo of the line of 8 to 10 foot Austrian pines having already been planted. Mr. Shields presented the staff comments, stating that the legal documents are being reviewed and the plans have been revised to the satisfaction of staff.
Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant final approval of Beaumier Development Corporation
7. PRELIMINARY AND FINAL SUBDIVISION Request for preliminary and final approval for a 14-lot residential subdivision with a 1,780-foot public road and a 457-foot private way on 33.5 acres off County Road. Zoned R; Map 4/Lot 6.
Walter Stinson of Sebago Technics appeared on behalf of the applicant, and said that of the two issues to be dealt with, the developer has agreed to sprinkle the houses, and the Rural Land Management calculations have been reviewed by an independent soils scientist and the plan has been revised to show 14 instead of 17 lots originally proposed, resulting in some slightly larger lot sizes, which now range from a minimum of about 1-1/2 acres to just under 4 acres. He said there are two roads on the project, the first is Edgefield Road, running back about 1400 feet from the intersection with Route 22, terminates in a cul-de-sac, and beyond that there is a 450 foot private way, Libby Lane, which will serve the last four lots in the development. He said the association documents have been submitted for the Town
attorney
Mr. Shields summarized the staff comments, discussing the problems that had arisen over the soils analysis for the project and the resolution that has been reached as a result of the review by the State Soils Scientist to fine tune the analysis, which ended up with a total lot reduction to 14. He said that the subdivision now is being reviewed under Net Acreage Calculations. Mr. Shields also said that the applicant has agreed to remove the brush within the right of way of County Road to better accommodate site visibility, and that the private way will be constructed and paved to within approximately 15 feet of the property line with the adjacent roadway. He said that while it is unusual, the Board at its last meeting on this item did indicate that in view of the time necessary to resolve the various
issues, it would consider both preliminary and final approval. Mr. Grant remarked that he did remember the discussion about granting preliminary and final approval at another meeting if everything was in order.
Mr. Shiers asked about the current location of the entrance, saying that the original position was perhaps a better location. Mr. Stinson replied that a traffic engineer looked at the location and the entrance has been placed slightly east to afford the best site distance in both directions. Mr. Parker asked if there was any common open space in the proposal; Mr. Stinson replied that there was not. Mr. Grant spoke of his departure from the site walk when Mr. Boyce pointed out the brush growing on the right side occluding the view, that the trees should be removed to improve the sight visibility, and he would like to see a condition imposed requiring the brush and tree removal before a building permit is issued. Ms. Fossum said she would recommend that the removal be done even before any site
improvements. Mr. Grant asked Ms. Fossum to prepare the condition of approval. Mr. Shiers explained why there is bamboo growing along the road and suggested that something might be done to remove it as well. Mr. Stinson stated that the developer has agreed to remove the vegetation.
PUBLIC COMMENT PERIOD OPENED:
John Doxsey, 1 Halter Lane, stated that he did not know if this item was open for public comment, questioned the Board about the intent and process of connecting this subdivision with the Bridle Path Subdivision. Ms. Fossum explained that the Boardcould so by taking a small amount of land by eminent domain, requiring Council action. She said that the Planning Board
Albert Frick, 95 County Road, said that in January of this year he opposed the proposed subdivision on the basis of net residential acreage, and that he currently supports the application as it is now modified, thanked the Board, staff and Sebago Technics for re-visiting the net residential density calculations, saying that it does now meet the ordinance and standards as written.
PUBLIC COMMENT PERIOD ENDED.
Mr. Boyce commented that while it is the Boardresponse to a question from Mr. Grant, Mr. Shields said that the legal documents are being reviewed by the Town
“That prior to the commencement of construction the applicant shall remove the trees and brush within the right of way on the northerly side of Route 22 west of the new entrance to improve sight visibility.”
Mr. Stinson agreed with the new Condition.
Susan Robie MOVED and Michael Parker SECONDED a motion to waive the procedures leading to final approval under Sections III and IV of Chapter III and allow preliminary and final approval in a single meeting. Motion CARRIED, 7 ayes. [9:42 p.m.]
Susan Robie MOVED and Michael Parker SECONDED a motion to grant preliminary and final approval of Normand Berube Builders
Michael Parker MOVED and Thomas Hughes SECONDED a motion to waive the 10:00 o
8. PRE-APPLICATION CONFERENCE / SITE PLAN Pre-application discussion on a proposal to remove the existing drive-thru and install a diesel fuel island at TNT Quickstop, 601 Main Street. Zoned RC; Map 32/Lot 14.
Jeff Eaton of Guerin Associates and Mark Babcock from Petroleum Engineering Services appeared on behalf of Todd Flannery and TNT, and gave the Board their responses to the comments made by the Townused for diesel, but only for pickup trucks and small cars.
Mr. Shields commented that the change is for safety reasons as now there are large trucks intermingling with passenger vehicles. He said that the applicant is also changing some circulation patterns to the rear of the building to accommodate the larger truck traffic and to separate it from parking so the application is not only for the diesel fuel island and canopy but also making some improvements to the rear of the building and improving traffic flow around the back.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD CLOSED.
Mr. Grant directed staff to schedule a site walk. [9:55 p.m.]
9. PRE-APPLICATION CONFERENCE / SUBDIVISION Pre-application discussion for a proposed 4-lot residential subdivision with a 400-foot private way on 2.5 acres off 169 Mosher Road on land of DiRenzo. Zoned UR/MH; Map 49/Lot 19.
Thomas Greer, P.E., Pinkham & Greer, appeared on behalf of the applicant and gave an overview of the application. He showed a sketch plan which outlined the proposed 4 residential lots, as well as the Little River and its Shoreland Zone and flood zone at the back of the property. Mr. Greer said he has done a site walk and the lot directly behind an existing house is fairly wet, and he suspects that when the topographic and soils mapping are completed that lot will not be there. He said that the land drops off over a couple of shelves at the back of the property, which is probably where the lots will be located. He said he believes there is public water in Route 237, and they would anticipate extending public water into the project. He said there may be a problem with securing an opening
permit from MDOT because of the 5 year moratorium, and more investigation is required on that issue, and if they can
Ms. Fossum asked Mr. Greer to secure confirmation from DOT first before a site walk is scheduled. Mr. Greer agreed to do so. Mr. Grant commented that the hydrants are on the opposite side of the road; Mr. Greer replied that if the water main is outside of the paved area, DOT has allowed people to bore under the road, so that is a possibility for access without actually opening the road up.
PUBLIC COMMENT PERIOD OPENED:
Allene Bowler, 190 Mosher Road, described the history of the area and the lots involved, and commented that it would be unfortunate to put in private ways along all the lots.
Jonathan Kostka, 175 Mosher Road, next to the property in question, agreed with Mrs. Bowler, commenting about the large lots in the area, and said that the proposed application would be out of character for the neighborhood. He also spoke of his concern about his well and the difficulty he encountered on his 4-acre lot in trying to find a spot to place his septic system. He commented about the property value impact on existing homes.
PUBLIC COMMENT PERIOD OVER:
Mr. Grant said and Mr. Greer concurred that a site walk would be scheduled after Mr. Greer has heard from DOT. [9:55 p.m.]
10. ADJOURNMENT
Douglas Boyce MOVED and Michael Parker SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [9:58 p.m.]
Respectfully submitted,
________________________________
Barbara C. Skinner
Secretary to the Board
July 7, 2003
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6. FINAL SUBDIVISION 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 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 the applicant shall meet the requirements outlined in the Fire Chief
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 prior to any occupancy within the subdivision each structure shall be properly numbered with the number visible from the street year round;
The private way shall be maintained for emergency vehicles year-round;
The private way shall be designed and constructed to conform to the standards for private ways as presented in the Land Use and Development Code, Town of Gorham, Section V, Subsection H, latest revision;
The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public 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 each building 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;
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 of Gorham Tax Assessor;
That the legal documents shall be revised to satisfy any final review comments of the Town Attorney, prior to the release of the Final Plan Mylar;
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 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 Board7. PRELIMINARY AND FINAL SUBDIVISION 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 de minimus changes which the Director of Planning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
3. That the applicant shall meet the requirements outlined in the Fire Chief
4. 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;
5. That prior to any occupancy within the subdivision a structure shall be properly numbered with the number visible from the street year round;
6. The private way shall be maintained for emergency vehicles year-round;
7. The private way shall be designed and constructed to conform to the standards for private ways as presented in the Land Use and Development Code, Town of Gorham, Section V, Subsection H, latest revision;
8. The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way;
9. 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;
10. 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;
11. 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;
12. That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;
13. That all homes within the subdivision will be sprinkled and the sprinkler plans must be submitted to the State Fire Marshal
14. That the legal documents shall be revised to satisfy any final review comments of the Town Attorney, prior to the release of the Final Plan Mylar; and
15. 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;
16. That prior to the commencement of construction the applicant shall remove the trees and brush within the right of way on the northerly side of Route 22 west of the new entrance to improve sight visibility; and
17. 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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