 |
Town of Gorham
November 17, 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
THOMAS HUGHES AARON SHIELDS, Assistant Planner
CLARK NEILY BARBARA SKINNER, Secretary to the Board
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
DOUGLAS BOYCE, VICE CHAIR.
The Chairman called the meeting to order at 7:00 p.m. The Secretary called the roll, noting that Douglas Boyce, Vice Chairman, was absent..
1. APPROVAL OF MINUTES: NOVEMBER 3, 2003:
Clark Neily MOVED and Thomas Hughes SECONDED a motion to approve the minutes of November 3, 2003 as written and distributed. Motion CARRIED, 6 ayes (Douglas Boyce absent). [7:02 p.m.] Mr. Parker commended the secretary for her work on the November 3, 2003 minutes; Mr. Grant concurred with Mr. Parker
2. AMENDMENT TO THE LAND USE & DEVELOPMENT CODE-BLACK BROOK AND BRACKETT ROAD SPECIAL PROTECTION DISTRICT.
PUBLIC HEARING
Proposed amendment to Chapter I, Section XVII, extending the expiration date from December 5, 2003, to April 30, 2004.
The Planning Director explained that the purpose of the ordinance was to prevent the further spread of contamination which had occurred in the Black Brook Special Protection District and to prevent any activities which might disrupt ongoing groundwater remediation, and that the ordinance has an automatic expiration date of December 5, 2003. Ms. Fossum said that the proposed extension is to give the Town time to further evaluate whether to maintain the Special Protection District and accompanying restrictions, to modify them, or to allow them to expire. She said that a meeting with the DEP indicated that the State felt the Town could remove some of the restrictions, that the Town should continue to require the use of public water where available, and that DEP would be recommending that the Town maintain most of
the current restrictions in the “inner circle” remedial area. She said that the proposed extension of the expiration date is suggested because the DEP
PUBLIC COMMENT PERIOD OPENED:
Cathy Cook, 10 Brackett Road, said that her well is located in the “inner circle,” that she has never been advised that any testing of her has taken place, and asked if the Town has received any information about such testing. Ms. Fossum said that initially in 2000 information about testing was available, but she has not seen anything lately. In response to a question from Mr. Grant, Ms. Cook said that to her knowledge no one has taken any samples from her well. Ms. Fossum said she would ask the DEP to provide that information. Answering Ms. Cook
Denise Whitehead, 33 Brackett Road, asked how the time extension would relate to the proposed DOT ten-foot extension at Brackett Road and Libby Avenue. Ms. Fossum replied that the DOT has looked at the area, that DOT is fully aware of the blasting concerns and believes it will be possible for the road improvement to occur. Ms. Fossum said that any blasting would be done under the oversight of the Portland Water District. Ms. Whitehead commented that the neighborhood is against the DOT proceeding with the work, but recognized that this is not the appropriate forum to discuss that opposition.
Mr. Grant explained that the extension of the arbitrary date of December 5, 2003, is simply to allow enough time to get the DEPPUBLIC COMMENT PERIOD ENDED. [7:15]
Mr. Parker asked staff if this extension period would be long enough to get the information needed. Ms. Fossum replied that the time frame had been suggested by Kathy Niziolek of the Maine DEP as being adequate. Mr. Shiers said the DEP30, 2003,” instead of “April 30, 2004.”
Clark Neily MOVED and Michael Parker SECONDED a motion to recommend adoption of the proposed ordinance amendment to Chapter I, Section XVII, extending the expiration date from December 5, 2003, to April 30, 2004. Motion CARRIED, 6 ayes (Douglas Boyce absent). [7:20 p.m.]
3. FINAL SUBDIVISION Request for final approval for a 12-lot residential subdivision on 8.84 acres with a proposed 1,300
Andy Morrall, BH2M Engineers, appeared on behalf of the applicants and explained that the sewer in the proposed development has been redesigned and they have received their stream crossing permit.
Mr. Shields presented the staff comments, saying that the existing farm house on the property has been relocated to “Lot A,” that the proposed new roadway will be built to Urban Access Roadway standards with a 5 foot esplanade and sidewalk on one side and street trees on both sides of the roadway. Mr. Shields said that the applicant has provided the required future right of way to abutting property at the end of the hammerhead. He said that in response to preliminary Board member comments, the applicant has proposed a landscape buffer along the easterly boundary of the subdivision, adjacent to the Industrial Zone, and staff is proposing a Condition of Approval warranting the landscaping for a period of three years after installation, which should be enough time for any issues regarding the health
of the landscaping. Mr. Shields said that the applicants have added a plan note about the abutting industrial land and a disclosure document for potential buyers, and said that the Town Attorney did not feel that deed restrictions were appropriate.
PUBLIC COMMENT PERIOD OPENED:
Padraic Keane, one of the developers, asked how long would the landscaping warranty period be; Mr. Shields said staff is proposing a three year period. Additionally. Keene said his attorney advised that other developers should also be made to disclose their proximity to industrial land and that a specific Town policy should be adopted for this purpose. Mr. Shields replied that the Town Attorney had spoken to the applicantPUBLIC COMMENT PERIOD ENDED.
Mr. Shiers thanked the applicants for their proposed landscaping, particularly along the Industrial Zone buffer. He said that he believed that during preliminary discussions, the Board suggested that the width of the roadway be increased from 22 to 24 feet. Mr. Morrall said the 22-foot width is the Towndifficult. Mr. Grant referred to a memorandum dated April 15 from Mr. Shields to the applicants
Susan Robie MOVED and Thomas Hughes SECONDED a motion to grant final approval of Padraic J. Keane, Jr. and Seamus Haley
Discussion: Mr. Grant reiterated that the roadway will be 24 feet wide built to Urban Access Standards. Mr. Shields said staff would make sure that the mylars are modified to reflect the change.
Motion CARRIED, 6 ayes (Douglas Boyce absent). [7:35 p.m.]
Mr. Parker suggested that the Board conduct a workshop meeting to modify the existing Urban Access Standard to increase the width from 22 feet to 24 feet. Ms. Fossum replied that it should be possible to set up such a workshop.
4. APPLICATION CONFERENCE / PRIVATE WAY PLAN Discussion of a proposal for a 435
Andy Morrall appeared on behalf of the applicants and said that the two proposed lots would be served by private subsurface waste water disposals systems and private drilled wells, and that they have received an entrance permit along Route 25 from Maine DOT. He asked that a site walk be scheduled.
Ms. Robie commented that there appeared to be a typo in the square footage of Lot 1; Mr. Morrall replied that there was an extra “7” in the number. Ms. Robie asked how Lot 2 obtained its frontage; Mr. Morrall pointed out the areas on the plan which constitute the lot
Mr. Grant directed that a site walk be scheduled. [7:40 p.m.]
5. PRE-APPLICATION CONFERENCE / SUBDIVISION AMENDMENT - “FORT HILL HEIGHTS, PHASE II” Discussion of a proposal to amend the plan of Fort Hill Heights to create 1 new lot off Martin Drive. Zoned Rural/Shoreland Overlay-Resource Protection Zone; Map 44/Lot 4.001
Mr. Shiers asked to be excused from participation in this item as Mrs. Sullivan is his cousin.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to excuse Mr. Shiers. Motion CARRIED, 5 ayes, 1 nay (Michael Parker) and 1 absence (Douglas Boyce). [7:41 p.m.]
Walter Stinson, Sebago Technics, appeared on behalf of the applicants, saying that the Sullivans proposed to modify a subdivision plan approved by the Town in 1994, a plan of which Mr. Stinson displayed to the Board, describing it as “Fort Hill Subdivision, Phase II,” and being six lots served by Martin Drive. He said that Martin Drive ended in a turnaround, and that as a part of the plan, the previous access to the SullivansSullivans are asking the Board to divide that parcel of land, connecting about a 1.3-acre tract to their existing house lot, with the remainder being a new lot with frontage off Martin Drive. He said that the extension of the private way would provide the Sullivans the access they need for their lot and access for the remainder of the parcel would come off Martin Drive. He said that the applicants did not propose any new construction in the right of way, since there is an existing drive and that drive is of sufficient construction that the Town has accepted it for access to the fire pond that was required as part of the approved subdivision plan. Mr. Stinson called the Boardapplicants
Ms. Robie asked why Note 13 had been added to the plan. Ms. Fossum indicated that she did not know why, but speculated that at the time of approval there was a road length way limit of 1000 feet, and the Board can amend a plan note if it chooses. Ms. Fossum said with respect to the private way, there were road construction requirements for roads that accessed fire ponds. She told Mr. Stinson that the road would have to be certified that it meets current requirements for private ways. Ms. Fossum said that some of the property has been deeded to abutters, which technically are subdivision amendments that need to be made as corrective action on the part of the Planning Board. Mr. Stinson said that when they did their research they found that too and would handle it as part of the whole package. Mr. Grant asked if the intent was to pave the private way. Mr. Stinson replied that the driveway is paved now and they do not propose to do anything with what is there.
PUBLIC COMMENT PERIOD OPENED:
Scott Garrard, 9 Martin Drive, owner of two of the six lots in the subdivision, said he has concerns about the clear view easements and asked if the plan entailed moving and relocating the turnaround. Mr. Stinson replied that the plan did not. Mr. Garrard said he would encourage the Board on their site walk to look carefully at the location of the turnaround and the erosion problems evidenced there.
PUBLIC COMMENT PERIOD ENDED. [7:49 p.m.]
Mr. Grant directed the Board to schedule a site walk. [7:50 p.m.]
Mr. Shiers resumed his place with the Board.
6. APPLICATION CONFERENCE / PRIVATE WAY Discussion of a proposal for a 700
Owens McCullough, Sebago Technics, appeared on behalf of the applicants and discussed the location of the proposed private way, pointing out a section of public way across the Little River that has been discontinued by the Town. He said that the applicants are proposing to construct a private way some 700 feet long to serve potentially a total of 3 lots and hope at some future date to come before the Planning Board for a potential residential subdivision on the lots, but at this time only the private way approval is before the Board. He said that utilities would be accessed through the private way, the private way would be 18 feet of travel lanes with 2 foot shoulders, and the lots would be served by well and septic. Mr. McCullough requested that the Board schedule a site walk.
Mr. Parker asked what would happen to the abandoned right of way to the River. Mr. McCullough replied that they are in the process of completing the boundary survey for the property and he does not know all the details about that area, but at this point his understanding is that development will be held to the tree line and the right of way would be outside of the development. Mr. McCullough said he believed that the Town has discontinued its public interest in the roadway, but there is still an underlying private interest in the roadway, and he is not sure what rights the applicants would have in that section of the roadway. Mr. Parker asked that consideration be given to maintaining the roadway as an access way for the public if possible.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Ms. Fossum said that when the Town discontinues a roadway, it generally reserves a public easement, which permits the public to continue to utilize the right of way for access.
Mr. Grant directed staff to schedule a site walk. [7:57 p.m.]
7. PRE-APPLICATION CONFERENCE / SUBDVISION Discussion of a proposal to divide Map 4/Lot 3 into 3, creating 2 new lots. Zoned Rural; Map 4/Lot 3.
Jason Farthing, Survey, Inc., appeared on behalf of the applicants, saying that substandard soils conditions have been encountered on Lot 3A, which will require a permit from the State for a modified sewer system. Mr. Farthing asked the Board to decide if it would accept such a situation.
Mr. Shiers asked Mr. Farthing about the original 200,000 sq. foot lots in the Keene subdivision and the current proposal to divide them into something somewhat less. Mr. Grant said that when the density calculations were performed for that parcel, so many lots resulted and that was the limit. Mr. Farthing replied that they had had the soils tests re-done by Sweet Associates. Mr. Grant commented that if there were a large lot it should not be possible to come back in and subdivide that lot because the soils are better on that one piece of land. Ms. Fossum replied that previously the Rural Land Management system was employed, but the Rural District ordinance was amended about a year and a half ago and now a different calculation approach is used to determine the density in rural subdivisions.
Mr. Grant said this is an important issue the Board needs to look at very carefully. Mr. Parker asked staff if the development was built to maximum allowable density. Ms. Fossum replied that she would have to research the issue. Mr. Farthing asked if in 1976 when the subdivision was first approved if there was some sort of soils density calculation in effect. Mr. Grant said that if the subdivision lots were 200,000 sq. feet, it would appear that the Rural Land Management system was in use at the time. Ms. Fossum agreed that the question should be researched, and said she believed the Rural Land Management system was adopted in 1978. She also commented that Mr. Farthing has asked about a proposed lot requiring a variance in order to locate a septic system on the lot, which is certainly a question relating to soils suitability. Mr. Grant told Mr. Farthing it would be helpful if he would research the question if density calculations were
done on the original subdivision and why the 200,000 sq. foot figure appears. Mr. Farthing said their research leads them to believe that there is nothing to prevent the applicant from subdividing the lot in today
Mr. Grant directed staff to schedule a site walk but said that the questions raised tonight will need to be addressed. Mr. Parker said that a sequence or chronology of the original subdivision, 2000 amendment and this proposal would be helpful. Ms. Fossum said she believed that information should be available at the Planning Office. [8:28 p.m.]
8. ADJOURNMENT
Clark Neily MOVED and Michael Parked SECONDED a motion to adjourn. Motion CARRIED, 6 ayes (Douglas Boyce absent). [8:30 p.m.]
Respectfully submitted,
________________________________
Barbara C. Skinner
Secretary to the Board
____________________________, 2003
P:\TOWN\PLAN\PLBD\AGENDAS\Minutes\PBMN04FY\PBMN111703.doc
3. FINAL SUBDIVISION
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 minimis 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 prior to the commencement of any site improvements;
3. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings 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. The applicant shall disclose to potential purchasers of lots in the subdivision that the project abuts industrially-zoned land that will not be used for residential purposes and that industrial uses may and are allowed to generate noise or other impacts that are not the same as those generated by residential development;
5. The cost of the hydrants and their installation shall be the responsibility of the developer, and shall become public hydrants once the Town Council accepts the streets. The final location of each hydrant shall be approved by the Fire Chief at the time of installation;
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 Fire Chief and Police Chief;
7. That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor prior to the pre-construction meeting with staff;
8. That 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, should the Town Council not accept the street as a public road at the time it is offered to the Town. 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;
9. That the developer shall provide a defect guarantee, which may be in the form of a bond, letter of credit or escrow account with the Town or a responsible financial institution, for all plant materials required to be installed under this plan.~ Said defect guarantee shall remain in effect for three years after the installation of the plant materials;
10. That the applicant
11. That these conditions of approval and the Final Plans shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
| |
