Town of Gorham, ME - 03/15/2004 Planning Board Minutes

03/15/2004 Planning Board Minutes

Town of Gorham

March 15, 2004

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 SHIELDS, Assistant Planner

THOMAS HUGHES BARBARA SKINNER, Clerk of the Board

CLARK NEILY

SUSAN ROBIE

RICHARD SHIERS

Members Absent:

MICHAEL PARKER

The Chairman opened the meeting at 7:00 p.m. The Clerk called the roll, noting that all members were present except Michael Parker.

1. APPROVAL OF MINUTES: MARCH 1, 2004

Douglas Boyce MOVED and Clark Neily SECONDED a motion to approve the March 1, 2004 Minutes as written and distributed. Motion CARRIED, 5 ayes (Grant abstaining as not having been present at the March 1 meeting, Parker absent). [7:02 p.m.]

2. PRELIMINARY SUBDIVISION PLAN – “NOTTINGHAM WOODS” / “EMMA’S LANE” – off WOOD ROAD - CHASE CUSTOM HOMES & FINANCE, INC.

Request for preliminary approval for an 8-lot residential subdivision and a 1,500’ proposed public way. Zoned Rural; M54/L12.

Jeff Perry, Sebago Technics, appeared on behalf of the applicants and discussed the revised Net Resident Density Calculation Map, which includes the areas of 20 to 33% slopes on the plan which are subject to the Board’s discretion as to whether or not the slopes are to be deducted. Mr. Perry explained that the 20-33% slopes account for 1-3/4 acres, and in two lots, lots 3 and 8, contribute to the building envelope and make a significant contribution to the development. He said that the remaining 20-33% slope areas are spread out throughout the property.

Mr. Shields reviewed the history of the application, stating that the applicants are asking for clarification on the issue of deducting the 20-33% slopes and for preliminary approval. He said that other than that threshold question, the plans are in suitable condition for preliminary approval, depending on the Board’s decision on the slope question.

PUBLIC COMMENT PERIOD:

Steve Bartlett, 90 Wood Road, commented that previously this was proposed as a 7-lot subdivision and now it has 8 lots, asked about the impact of runoff on Wood Road, and asked if DEP approval would be required for the road. Mr. Perry responded that pending the outcome of tonight’s meeting, they will finalize the plans and submit plans to the DEP to permit the wetland impacts and the stream crossings associated with the development.

PUBLIC COMMENT PERIOD ENDED.

Ms. Robie asked about the soil on Lot 2, commenting that according to the applicant’s soils scientist, the Lamoine soil of Lot 2 is described as “somewhat poorly drained” and has a seasonal high water table of 7 to 16 inches below the surface for as long as 9 months a year. She said that in her belief Lot 2 conforms to the letter of the Net Acreage Calculations but it does not conform to the spirit, that it is unusual to see a lot laid out with such poorly drained soil with a high water table, and that she believed a plan note should be included on the subdivision plan disclosing that information to any potential buyer. Mr. Perry conceded that the soils on the property are as Ms. Robie described, “somewhat poorly drained,” but indicated that the concerns involved therewith, such as basement flooding or questions about the functionality of a septic system, have been dealt with by daylighting a foundation drain and other means. Mr. Perry said it was not an unusual condition; Ms. Robie disagreed, saying that the ordinance recommends discouraging building in such conditions.

Mr. Shiers indicated that he shared Ms. Robie’s concerns, and asked Mr. Perry to demonstrate on the plan the relationship of a well and the private subsurface waste disposal system for Lot 2. Mr. Perry demonstrated the area where the leach field for Lot 2 would be placed, saying that the plume for the leach field basically runs in a southerly direction, and said that the well location is outside of the 100 foot minimum separation requirement. Mr. Hughes asked Mr. Perry how much of the 20-33%sloped area contributes to the building envelope; Mr. Perry replied that of the total 1-3/4 acre, about ½ acre will contribute to the building envelopes of Lots 3 and 8.

Mr. Grant said he did not believe that it is possible to establish an across-the-board policy of dealing with 20-33% slopes, and quoted from the Code that “Sloped areas of 20 to 33% shall also be deducted unless the developer can demonstrate to the Planning Board’s satisfaction that these slopes will be used as part of the overall plan for the development and that they are stable for structures.” Mr. Grant said he believed the issue is one that must be considered on an individual basis. Ms. Robie agreed, saying that every situation has to be discussed on its merits. Mr. Hughes said that the phrase “…part of the development plan” is subjective and encompassing. Ms. Robie said that she is concerned that over 50% of Lot 2 is in a 75-foot no-disturbance stream set back area, leaving a very small amount of land to be considered as part of a building envelope. Ms. Robie said that on average, everything that the Code requires has been done, but “on average” does not apply to Lot 2, which she believes is generally a poor building lot. In response to a query from Mr. Grant, Mr. Perry replied that the Lot 2 building envelope is about 100 by 75 feet. Mr. Boyce said he concurred with the Chairman on this item, believes that Lot 2 is approaching a marginal condition, but does appear to be buildable within the guidelines of the ordinance, and said he sees no reason to deduct the 20-33% slopes in this subdivision because they are somewhat dispersed. Mr. Shiers said he believes that the slopes should be deducted and does not support using them, and does not support Lot 2 as a buildable lot. Mr. Shiers said he believes that the Net Residential Density should be adjusted by deducting the 20-33% slopes and that the subdivision should be 7 lots instead of 8 lots.

Mr. Grant polled the Board on which members believed that the 20-33% slopes should be deducted: Ms. Robie, Mr. Shiers and Mr. Neily said they thought the slopes should be deducted; Mr. Grant, Mr. Boyce and Mr. Hughes said they thought the slopes should not be deducted. Mr. Shields confirmed that if the slopes are deducted, the applicant would lose a lot in the subdivision, that some of the slopes are critical to the building envelopes and will probably be graded off, such as in Lot 8, and in that case, those slopes will probably provide the fill required. Mr. Shields said that if certain slope areas that are important to the building envelope are permitted to remain, perhaps the subdivision can stay at 8 lots.

Mr. Grant polled the Board on which members believed that Lot 2 is a buildable lot: Ms. Robie, Mr. Shiers and Mr. Neily said they do not believe that Lot 2 is buildable; Mr. Grant, Mr. Boyce and Mr. Hughes said that Lot 2 is buildable. Mr. Shields commented that Lot 2’s Lamoine soil is suitable for a septic system, with positive drain, and Lamoine soil is a large part of Gorham. Mr. Grant said that if anyone were to vote against the subdivision design and say that Lot 2 is not buildable, specific findings of fact would be required to determine that the lot does not meet the Code. Ms. Robie asked Mr. Shields if the water table is always 7 inches below the surface in Lamoine soils; Mr. Shields replied that he is not qualified to answer that question. Ms. Robie said that there is only a small area on Lot 2 where a house could be placed. Mr. Shields suggested that the Board look at the applicant’s Grading and Utility Plan for information about the building envelopes.

Susan Robie MOVED and Douglas Boyce SECONDED a motion to remove this item from the table. Motion CARRIED, 6 ayes. [7:35 p.m.]

Mr. Boyce confirmed with the Chairman that with six members present, should there be a 3-3 vote on a motion, the motion would fail. Mr. Grant said that anyone with a negative vote will need to give his or her reasons for findings of fact. Mr. Hughes said he believed it would not be proper to deduct the slopes to cut out a lot and has no black and white reasons to do so. Mr. Neily said that while he agrees with Ms. Robie about Lot 2, he cannot see a solid legal reason to remove it from the subdivision.

Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant preliminary plan approval of Chase Custom Home & Finance’s proposed “Nottingham Woods,” a residential subdivision on 17.3 acres off Wood Road. Zoned Rural Residential Map 54, Lot 12, with the following conditions of approval:

1. That the applicant shall obtain the required permits from MDEP prior to the submission of its application for final approval, and

2. That this approval is subject to satisfactory resolution of any issues uncovered during the nitrate study prior to the submission of its application for final approval.

Motion CARRIED, 4 ayes, 2 nays (Robie and Shiers), 1 absence (Parker). [7:40 p.m.]

3. PRIVATE WAY PLAN – “PAULIN DRIVE” – off 97 FINN PARKER ROAD – BARRY & KIMBERLY PAULIN

Request for approval of a 600’ private way to serve 3 lots on 6.06 acres. Zoned Rural; M55/L5.

Andrew Morrell, BH2M, appeared on behalf of the applicants in lieu of John Kuchinski. Mr. Morrell explained that there is an 8-foot easement (approximately 1200 feet) on the Lambert property that will be utilized with the 42 feet of road frontage on Finn Parker Road to achieve the required 50 feet for the private way’s proposed right of way. Mr. Morrell further explained that the Lambert property is currently a non-conforming lot, and using the 1200 feet makes it even more non-conforming, and at the recommendation of the Code Enforcement Officer, the applicant is proposing a 25-foot wide strip to be deeded from the applicants to the Lamberts in the rear of the property. Deeding of that land will result in approximately 4300 square feet deeded to the abutting landowner, giving more area prior to the elimination of the easement, and it will also create the same amount of frontage, 175 feet, along the proposed private way as the abutter had along Finn Parker Road prior to the elimination of the easement.

Mr. Shields gave the staff comments, saying that the project is designed to give legal frontage to a lot that has a house on it, and the applicant and the abutter have agreed to resolve the non-conformity of the abutting lot. He said that the conveyance will take place after Board approval. Mr. Shields also said that the private way will serve legal frontage for 3 lots, there will be one lot conveyed to an in-law, and one lot sold off. He said that there is a condition of approval that the garage or any other building located on any of these lots be brought into conformance. Mr. Shields said that staff is recommending that Condition of Approval #5,”… prior to the commencement of construction of the private way, the conveyance between the Gadbois and Paulins be executed and the recording information be submitted to the Planning Department,” be changed to read “… prior to the issuance of a building permit on the private way, the conveyance between the Gadbois and Paulins be executed and the recording information be submitted to the Planning Department.” He said that this change is designed to prevent construction occurring before the conveyance takes place, because if the conveyance does not take place, the private way will become non-conforming.

PUBLIC COMMENT PERIOD OPENED:

Larry Caron, 91 Finn Parker Road, asked if the private way would be the driveway that is there now. Mr. Morrell confirmed that the driveway is approximately in the centerline of the proposed road.

PUBLIC COMMENT PERIOD ENDED.

Mr. Grant suggested that Condition of Approval #8, which reads “That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town’s Inspecting 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;” should be changed to read “…prior to the issuance of any building permits for any of the lots served by the private way, the Town’s Inspecting 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.” The Board concurred.

Ms. Fossum said that currently when an applicant on a private way requests a building permit, the Code Officer contacts the Planning Office, who verifies that there has been a pre-construction meeting, there is an inspecting engineer, and a performance guarantee is put in place. Mr. Morrell said that the applicants do not have a problem with the changes in Conditions #5 and #8.

Clark Neily MOVED and Susan Robie SECONDED a motion to grant Barry and Kimberly Paulin’s request for approval of Paulin Way, a private way located off Finn Parker Road, with conditions of approval as posted prior to the meeting, and discussed within this meeting with the applicant. Motion CARRIED, 6 ayes (Parker absent). [7:56 p.m.]

4. PRELIMINARY & FINAL SUBDIVISION AMENDMENT & PRIVATE WAY PLAN – “LAND OF PARSONS” & “MARSHALL WAY” – off 169 OSSIPEE TRAIL – PHILIP & JULIE MARSHALL

Request for preliminary and final approval of a residential subdivision amendment to create one new lot and a 432’ private way to serve 2 lots on 11.34+/- acres. Zoned Rural; M60/L14&14.002.

Andrew Morrell, BH2M, appeared on behalf of the applicants and explained that this parcel was as minor 3-lot subdivision approved in 1984 on 11.34 acres on Route 25. He said there is an existing house on Lot 1 and a house has been built on Lot 3. The applicant retained ownership of both Lots 1 and 2 and currently lives in a residence on Lot 1. The applicant would like to modify the original subdivision to add one lot to the original 3, and said that the density calculations done in 1984 support this. He said the two new lots would be served by the private way off Route 25, would have private wells and private subsurface wastewater disposal systems, and underground utilities. The DOT has recommended the entrance of the private way off Route 25 and the applicant has received an entrance permit. A 75-foot buffer has been provided around the intermittent stream on site, the proposed new houses on Lots 2 and 4 will be sprinkled. He said that all review comments have been addressed.

Mr. Shields gave the staff comments, explaining that Lots 1 and 2 are proposed to be reconfigured into three lots, with private way approval to give frontage for Lots 2 and 4. He said that the applicant has ample frontage for the present lots but needs private way approval to create the new lot. Mr. Shields pointed out that this parcel is located within the area identified as a possible location for the northerly by-pass around Gorham Village, and at staff’s suggestion, the applicant agreed to add Plan Note #15 to the plan, which reads: “The Maine Department of Transportation has identified a potential by-pass location through the southwestern portion of this site.” He said that the corridor for the by-pass is 1000 feet wide, and the southwest portion is within that corridor area, but Lots 2 and 4 are outside that corridor. He said that the house on Lot 3, however, is within the corridor, as well as the Marshalls’ home on Lot 1.

Mr. Grant asked if it would be practical to locate the corridor on the plan. Mr. Neily said that the Board and the Planning Department have a primary interest to protect the Town of Gorham, and would not want the Board to do anything that could hinder construction of the by-pass. Ms. Fossum said that in addition to Plan Note #15 identifying the by-pass area, the by-pass area could be shown on this plan as a “by-pass corridor identified in such and such a year.” Mr. Neily said he would like to see that on the plan. Mr. Grant suggested that the Board could approve this request with a condition that the applicant return with a plan for the Board’s signature that shows the proposed by-pass route. Ms. Robie and Mr. Hughes concurred with that suggestion. Mr. Boyce suggested that if the by-pass were to pass through this area, in addition to the removal of the current houses on Lots 1 and 3, it could remove the access to the other two lots, thereby increasing the value and cost of the acquirer to take the area for the by-pass. Mr. Grant said this might impact a potential buyer’s decision to build. Mr. Neily suggested that staff check with MDOT; Mr. Shields indicated that staff has done so.

Clark Neily MOVED that the item be tabled to the next meeting for the applicant to return with a plan showing the potential by-pass location. Motion FAILED for lack of a second.

Mr. Grant suggested that the item be approved with the condition that the Board will not sign the Mylar until the plan note and by-pass location are included on the plan.

Susan Robie MOVED and Douglas Boyce SECONDED a motion to grant preliminary and final plan approval of Philip and Julie Marshall’s request for an amendment to the Land of Parsons Subdivision Plan off Ossipee Trail, zoned Rural, Map 60/L14 and 14.002, with conditions of approval as posted prior to the meeting, discussed with the applicant, and with the condition that the area of the proposed by-pass corridor will be added to the plan prior to final submission and signing by the Planning Board. Motion CARRIED, 6 ayes (Parker absent). [8:15 p.m.]

Susan Robie MOVED and Douglas Boyce SECONDED a motion to grant approval of Philip and Julie Marshall’s request for approval of “Marshall Way,” a private way to serve two lots with conditions of approval as posted prior to the meeting, discussed with the applicant, and the condition that the area of the proposed by-pass corridor will be added to the plan prior to final submission and signing by the Planning Board. Motion CARRIED, 6 ayes (Parker absent). [8:16p.m.]

5. PRELIMINARY & FINAL SUBDIVISION AMENDMENT & PRIVATE WAY PLAN – “LAND OF DOUGLAS” & “PERRY LANE” – off WATERHOUSE ROAD - HERBERT & BARBARA PERRY

Request for preliminary and final approval of a residential subdivision amendment to create one new lot and a 50’ extension of Perry Lane. Zoned Rural; M22/L4.001, 4.002 & 4.004.

Steve Bradstreet, EER Engineering, appeared on behalf of the applicants, and discussed the two issues that have been accomplished as a result of the site walk: (1) that the garage be shown in order to make sure it meets the setback requirements from the proposed property line; and (2) to locate a pond on Lot 1A in the back. Mr. Bradstreet said that as a result of staff’s requests, certain plan notes have been changed, resulting in the plans before the Board this evening. He pointed out the larger grading plan, larger profile, typical section, and the first page being kept free of engineering clutter to serve as the subdivision plan for recording. Mr. Bradstreet referred to the extension of the private way, which provides the necessary frontage for Lot 1A of the original subdivision which had not had legal frontage through the hammerhead end of the private way.

Mr. Shields presented the staff comments, pointing out that the plans as previously approved did not include legal frontage for Lot 1A, the back right lot, with the private way ending with no frontage for that lot, and there was a plan note stating that prior to the outsale of Lot 1A, the private way would have to built up to standard. He said that the Planning Board allowed the developer not to build the private way, even though houses had already been built on Lots 1 and 2, and the private way would only be built when Lot 1A was sold or built on. Mr. Shields said that to correct the frontage problem, the applicant obtained land from Lot 2 at the end of the private way and is proposing a hammerhead with a lot line change that would give Lot 1A the necessary frontage to be a conforming lot. He said that this corrects the frontage issue for Lot 1A, gives a hammerhead to the end of the private way, and when Lot 1A is built on, the private way will have to be built. Mr. Shields said that staff suggests there be a condition of approval requiring the construction of the private way prior to the issuance of a building permit for Lot 1A. In addition, Mr. Shields said that as no lots are being added, the Fire Chief does not require any additional fire protection. Mr. Shields said that Condition of Approval #6 requires that prior to the issuance of a building permit for Lot 1A, the Town’s Inspecting 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 or the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the private way.

PUBLIC COMMENT PERIOD OPENED: None offered.

PUBLIC COMMENT PERIOD ENDED.

The Board discussed obtaining frontage by counting the sides of a hammerhead, with Ms. Fossum commenting that the method has been used for years and is considered legal frontage under the Code. She also said that the Code Enforcement Officer has looked at the front yard setback requirement and has determined that the setback is adequate. Mr. Boyce said he is comfortable with the method because the right of way could be extended deeper into the development site to provide a straight 200-foot approach. Ms. Robie said that if the triangular piece described as “to be conveyed” has been conveyed, it should be described as “parcel conveyed.”

Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant preliminary and final plan approval of Herbert and Barbara Perry’s request for an amendment to the Land of Douglas subdivision plan and ”Perry Lane,” a private way off Waterhouse Road, zoned Rural, Map 22/L4.001, 4.002 and 4.004, with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 6 ayes (Parker absent). [8:25 p.m.]

Stretch Break from 8:25 p.m. to 8:35 p.m.

6. PRE-APPLICATION CONFERENCE – SITE PLAN AMENDMENT – “GORHAM BRANCH BANK” – 65 MAIN STREET – NORWAY SAVINGS BANK

Discussion of a proposed 1,260 sf building addition with drive-through and parking lot improvements at the former Key Bank building. Zoned Village Center; M102/L99.

Shawn Frank, Sebago Technics, appeared on behalf of the applicant and introduced Mr. Edward Williams, Senior Vice President of Norway Savings Bank, and Ed Theriault of Theriault/Landmann Associates, the project architects. Mr. Frank described the proposed project, pointing out the existing drive-through into Main Street which will be eliminated and the sidewalk reconstructed, a small addition in the back which will be removed, an addition proposed to be leased out as professional space, parking for the site, access to be from Elm Street, and drive-through services to be accomplished through one-way traffic. Mr. Frank said that the front portion of the building will be re-landscaped, with a walkway added. He said that the building is proposed to be extended to approximately 5 feet off the Elm Street right of way, and said they have received an opinion from the Code Enforcement Officer that he interprets the ordinance as requiring a 15 foot set back off Elm Street, which may take them to the Board of Appeals. Mr. Frank said that the utilities are existing and will be maintained as such.

Mr. Grant said that the Code Enforcement Officer’s letter refers to the averages of the setbacks in the block, which could refer to any side of the block, but there are some buildings that are set back 100 feet. Mr. Grant said in just using Elm Street, the 15-foot setback is very generous to the applicant, and the impact on traffic could be very significant, and to have a 5-foot setback would be wrong in his opinion.. Mr. Grant suggested that the Board members consider this issue and consider if they want staff to discuss this with the Town Attorney. Mr. Hughes said that this issue will become very obvious on the site walk. Mr. Frank suggested that they stake out the two corners in the field, but said that if they don’t have that space, the project doesn’t work for them.

Mr. Neily suggested that it would be well to have a plan at the site walk showing the other entrances adjacent to the property. Ms. Robie asked for a clarification of why it would not be appropriate to consider an entrance into Cook’s parking lot. Mr. Frank replied that would be more appropriate depending on developments with Cook’s in the future, and said that they have no legal right to use Cook’s parking lot. Mr. Shiers said he believed this would be a welcome addition to Gorham, and suggested that Mr. Frank obtain a copy of the traffic study and peer review conducted in connection with the Hannaford development to review its recommendations.

The Chairman directed that a site walk be scheduled. [8:59 p.m.]

7. ADJOURNMENT

Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to adjourn. Motion CARRIED, 6 ayes (Parker absent). [9:00 p.m.]

Respectfully submitted,

___________________________

Barbara C. Skinner

Clerk of the Board

_____________________, 2004

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3. PRIVATE WAY PLAN – “PAULIN DRIVE” – off 97 FINN PARKER ROAD – BARRY & KIMBERLY PAULIN

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 prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;

3. That prior to the commencement of construction of the private way, the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the paved apron;

4. That prior to commencement of construction of the private way, the existing garage shown on the plans shall be relocated to a location that conforms to all applicable setbacks for the Rural District;

5. That prior to the issuance of a building permit on the private way, the conveyance between the Gadbois and Paulins be executed and the recording information be submitted to the Planning Department;

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’s engineer shall certify that the streets or ways have been constructed in accordance with the specifications of the Town of Gorham’s Land Use and Development Code and in accordance with the plans and specifications approved by the Planning Board. Furthermore the applicant’s engineer will be responsible for providing record drawings accurately reflecting these improvements as required by the Code;

8. That prior to the issuance of any building permits for any of the lots served by the private way, the Town’s Inspecting 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; and

9. That the private way plan and the approved maintenance agreement 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 maintenance agreement shall be returned to the Town Planner.

4. PRELIMINARY & FINAL SUBDIVISION AMENDMENT & PRIVATE WAY PLAN – “LAND OF PARSONS” & “MARSHALL WAY” – off 169 OSSIPEE TRAIL – PHILIP & JULIE MARSHALL

Approved

Conditions of Approval

2. That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;

3. That the applicant shall be responsible for the cost and installation of any required street signs to be placed in locations approved by the Fire Chief and Police Chief;

4. That the applicant’s engineer shall certify that the private way has been constructed in accordance with the specifications of the Town of Gorham’s Land Use and Development Code and in accordance with the plans and specifications approved by the Planning Board. Furthermore the applicant’s engineer will be responsible for providing record drawings accurately reflecting these improvements as required by the Code;

5. That prior to the issuance of any building permits, the Town’s Inspecting 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 or the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the private way or any remaining improvements to the private way;

6. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision / private way, 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;

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 proposed houses to be served by fire sprinkler systems. The sprinklers systems shall meet all applicable sections of the Towns Sprinkler Ordinance. The plans for each system shall be submitted to the Fire Department and the State Fire Marshall’s Office for review and permitting at least two weeks prior to the start of installation of the system.

9. That the subdivision and private way plan shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plans 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 plans shall be returned to the Town Planner.

5. PRELIMINARY & FINAL SUBDIVISION AMENDMENT & PRIVATE WAY PLAN – “LAND OF DOUGLAS” & “PERRY LANE” – off WATERHOUSE ROAD - HERBERT & BARBARA PERRY

Approved

Conditions of Approval

2. That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;

4. That the applicant shall be responsible for the cost and installation of any required street signs to be placed in locations approved by the Fire Chief and Police Chief;

5. That the applicant’s engineer shall certify that the private way has been constructed in accordance with the specifications of the Town of Gorham’s Land Use and Development Code and in accordance with the plans and specifications approved by the Planning Board. Furthermore the applicant’s engineer will be responsible for providing record drawings accurately reflecting these improvements as required by the Code;

6. That prior to the issuance of a building permit for Lot 1A, the Town’s Inspecting 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 or the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the private way;

7. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision / private way, 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;

8. 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;

9. That prior to the Certificate of Occupancy for Lot 1A, the Private Way shall be constructed and the existing driveway will be removed and the area loamed and seeded per the approved plans;

10. 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

11. That the subdivision and private way plan shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plans 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 plans shall be returned to the Town Planner.