Town of Gorham, ME - 08/16/2004 Minutes

08/16/2004 Minutes

Town of Gorham

AUGUST 16, 2004

PLANNING BOARD MINUTES

LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine

The Chairman opened the meeting at 7:00 p.m. and read the 7 item Agenda.

1. APPROVAL OF MINUTES: AUGUST 2, 2004

Clark Neily MOVED and Thomas Hughes SECONDED a motion to postpone approval of the minutes of August 2, 2004. Motion CARRIED, 7 ayes. [7:02]

2. SITE PLAN – off GORHAM INDUSTRIAL PARKWAY - “HUDSON DISTRIBUTORS” – HUDSON RPM DISTRIBUTORS, LLC

PUBLIC HEARING (continued)

Request for approval of a site plan for a 9,600 sf industrial building on 1.58 acres to serve as a wholesale magazine and newspaper distribution depot on Lot 5 in the Grondin Commercial Subdivision on land of Grondin. Zoned I; M12/L26.004.

Michael Parker MOVED and Douglas Boyce SECONDED a motion to take this item off the table. Motion CARRIED, 7 ayes. [7:03 p.m.]

Tim Hebert of Hebert Construction appeared on behalf of the applicant, along with Ben Murray of E. S. Coffin Engineering & Surveying, Inc. Mr. Hebert reported that Hudson Distributors has hired an attorney to settle the easement issues with Grondin (sewer, water, drainage and use of the private road in the Grondin subdivision), and these have now been resolved. He said that the exterior lighting has been revised and a cut sheet of the proposed fixture is available for the Board’s review. He said that the Conditions of Approval present no problem, and asked for final approval of the project from the Board.

Mr. Shields said that the easements in question will be transferred in the deed to Hudson Distributors, and staff has written Condition of Approval #6 asking that the applicant provide to the Town copies of the executed sewer and access easement deeds prior to the commencement of any work on the site. Mr. Shields said that the Town’s attorney considers a deed conveyance appropriate in this regard. Mr. Shields said staff has also received a copy of the road construction information for the access drive from Owens McCullough at Sebago Technics, R.J. Grondin & Sons’ engineer, which demonstrates that the road buildup is adequate to serve the requirements of this facility as well as Grondin and possibly another tenant. He said that the Town’s review engineer has only some minor grade alignment changes and the application has been prepared for final approval.

PUBLIC COMMENT PERIOD CONTINUED: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Mr. Boyce commented that at the last meeting he had suggested that the building mounted wall pack lights be modified to a cutoff fixture but does not see such a change on the plans. Mr. Hebert said that the revised plan does show a change, and Mr. Kaufman showed the Board a cut sheet of the fixture. Mr. Boyce said that the cut sheet showed an exposed reflector and bulb, which is not what he wants to see on the project. Mr. Grant asked the applicant to bring something in to staff to confirm that a cutoff fixture will be provided before the Board signs the Mylar. Mr. Shields said that staff will provide documentation as to the type of light fixture to be used.

Clark Neily MOVED and Susan Robie SECONDED a motion to grant Hudson RPM Distributors’ request for approval of a proposed 9600 square foot building and associated site improvements on 1.58 acres off Bartlett Road with conditions of approval as posted prior to the meeting and discussed within this meeting with the applicant. Motion CARRIED, 7 ayes. [7:15 p.m.]

3. SITE PLAN – off McLELLAN ROAD - “REDEEMER LUTHERAN CHURCH” – REDEEMER LUTHERAN CHURCH LCMS

PUBLIC HEARING

Request for approval of a site plan for a 7,120 sq. ft. worship facility off McLellan Road. Zoned R; M5/L26, 24 & 25.

Deacon Jeff Monroe appeared on behalf of the applicant and advised the Board that the original plan for the church has shrunk to conform with increased construction costs. He described the project as a standard New England two-story facility, with Sunday School and meeting area parish hall in the lower level, sanctuary in the upper level, as well as an open narthex which will be the main entrance to the building. He said that the selected contractor is Cianbro Corporation, who has advised them that hopefully construction will be completed before winter. He said that the steeple has not yet been engineered as the architectural details of the narthex have not yet been firmed, but the steeple conforms with all FAA regulations as it is well below any of the limits set out for the Gorham area in regard to flight paths. John M. Riordan, P.E., Director of Engineering of SGC Engineering, LLC, discussed the site, saying that an access road of some 400 feet will be off McLellan Road into a parking area associated with the church, accommodating 36 parking spaces in the first phase, with the intent to expand the parking should the congregation grow. He said the church building will be approximately 40 feet wide by 100 feet long with 2 levels. The access off McLellan required an MDOT permit, which has been secured. He said there will be on-site wastewater disposal, potable water will be provided through an on-site well, fire protection will be provided via a 20,000-gallon cistern buried on site. Mr. Riordan discussed the proposed stormwater management through the use of a detention basin, as well as various grassed swales with stone check dams. Mr. Riordan said that this site is part of an adjacent subdivision approved in the late 70s or early 80s, resulting in a requirement for an amendment to the Site Location of Development Permit, which has also been received. Mr. Riordan mentioned that a variance is being requested in the size of the sign, a four square foot increase, inasmuch as the church would like to use the sign that was being used at the their Cape Elizabeth facility.

In answer to a query from Ms. Robie, Mr. Riordan explained that there will be two signs, a main sign on Route 114, and a small entrance sign on McLellan Road. Mr. Shields explained that the Church is allowed to have a total of 72 square feet of signage on the property, which could be increased up to 108 square feet if the Board allows them a 50% increase. He referred the Board to the three criteria in the Code on pages 133 and 134 which must be met. Mr. Shields said that the sign is noted on the plans as 33.6 square feet.

Mr. Shields presented the staff comments, noting that the project has changed due to budgetary constraints and caused some phasing to be added to the plans, with the improvements in Phase I meeting the requirements of site plan review and the Phase II components being mostly complimentary or “luxury” items. He said that the entrance will be off McLellan Road and not Route 114. Mr. Shields said that the project’s DEP and DOT permits have been secured. He also pointed out that this is a Special Exception use so the Board needs to consider each of the 6 Special Exceptions Criteria.

PUBLIC COMMENT PERIOD OPENED:

Bill Hebert, 15 McLellan Road, read into the record the following letter addressed to Deborah F. Fossum, dated August 10, 2004.

“Re: Site Plan # 3 ‘Redeemer Lutheran Church’ Public Hearing to be held Monday, August 16, 2004, at 7:00 p.m. in the Gorham High School Auditorium.

Dear Deborah:

We would like to express our concerns regarding the above project.

1. Height of the spire 117 feet – is out of proportion to the character of the neighborhood/area – especially over a flight path. What is the reason for having a spire so high? Could a balloon or story pole be used to show the exact height of the spire?

2. For a 7,120 sq. ft. building we feel public water should be provided for public health and safety.

3. From prior information, a fire pond will have to be constructed on this site in lieu of public water. This pond could become an additional health and safety issue i.e.: mosquito bog (West Nile Virus). Child safety – i.e.: Children’s attraction to an open or fenced in pond. Would the Town of Gorham be required to maintain this pond at public expense?

4. As an adjacent neighbor I would like to request that the Church provide a screening Blue Spruce Trees approx. 3 feet high along McLellan Road to protect from glaring light and noise.

5. Another concern is water run-off i.e.: from the areas that will be paved and no longer have a field for run-off/filter. Septic run-off – where is the flowage going? Will a drainage ditch be constructed on the Church’s side of McLellan Road to South Street?

Would the Board please consider our concerns?

Thank you.

The Hebert Family”

PUBLIC COMMENT PERIOD CLOSED.

Deacon Jeffrey Monroe responded to Mr. Hebert’s comments, saying that the spire is in context with the architecture of the building as a religious symbol; Mr. Riordan said that the spire is not 117 feet, as stated by Mr. Hebert, but 94 feet. Mr. Monroe said that as public water is cost prohibitive, the building will be sprinkled, and there will be an underground storage tank of 20,000 gallons for fire protection and not a fire pond. With respect to Mr. Hebert’s item 4, Mr. Monroe said this church would be happy to put some trees in and he has already spoken to Mr. Hebert about this issue. Mr. Riordan discussed the proposed wastewater disposal field, with the plume not going into the direction of Mr. Hebert’s property, and the stormwater runoff mitigation proposed through a stormwater detention pond and swales. Mr. Riordan pointed out a swale on the plan that will intercept flow that presently enters Mr. Hebert’s property.

Mr. Grant commented that it would appear that Mr. Hebert’s property will be above the proposed entrance on McLellan and he believed that there does not seem to be any need for trees to buffer Mr. Hebert’s property from headlights of vehicles using that entrance. Mr. Hughes asked if McLellan Road will require improvement due to the increased road usage and asked about buffering on the northeast side of the property. Mr. Monroe said they have already talked with the abutters about buffering, and indicated that theirs is a small congregation and will not be a major traffic generator on McLellan Road. Mr. Riordan confirmed to Mr. Neily that the building will be sprinkled. Mr. Neily asked if the Town has any building height restrictions; Ms. Fossum replied that there are restrictions for cell towers, which are not applicable for this project. She said that the project is located in the Rural District, where there is no height limitation on any building or structure. Mr. Hughes asked if there are any special requirements for the game preserve in the project area. Ms. Fossum replied that there are hunting and trapping limitations in the Narragansett Game Preserve, not on construction. Mr. Stelmack discussed with Mr. Riordan the location of drainage swales and ditching. Mr. Riordan confirmed to Mr. Parker that the proposed detention pond will be wet only for a few hours after a major storm and will not be a wet or boggy area and will not promote mosquito growth. Mr. Boyce asked about the pole mounted fixtures proposed; Mr. Riordan confirmed that it is proposed to use shoe box fixtures with flat lenses, the lower wattage is designed for the access road and the higher wattage is in the parking lot.

Mr. Grant read the three criteria in the Code of 1) that the increase is needed to provide appropriate visibility for the business, 2) will not detract from the value of nearby properties, and 3) will result in signs of an appropriate scale for the location of the project. Mr. Monroe confirmed to Mr. Boyce that the sign will be placed perpendicular to Route 114 to be visible from both directions.

Michael Parker MOVED and Susan Robie SECONDED a motion to grant a 50% increase in the authorized size of signage for this project.

DISCUSSION: Mr. Boyce asked about the illumination proposed for the sign; Mr. Monroe replied that the lighting will consist of ground-mounted spots directed at the sign and will not shine out toward the roadway. Mr. Stelmack asked if the crucifix should be considered as part of the calculation of the signage and what kind of lighting is anticipated for the crucifix. Mr. Monroe replied that a narrow tight spot will be directed on the crucifix. Mr. Shields said that the motion as it is stated will increase all signage on the project; Ms. Fossum said it is her understanding that the cross would not be considered signage under the law. Mr. Monroe responded to a query from Mr. Boyce saying that the crucifix will face the intersection of Route 114 and McLellan Road.

Motion CARRIED, 7 ayes. [7:58 p.m.]

The Chairman read the Special Exception Criteria Findings of Fact:

Finding 1. The proposed use will not create or aggravate hazards to vehicular or pedestrian traffic on the roads and sidewalks, both off_site and on_site, serving the proposed use as determined by the size and condition of such roads and sidewalks, lighting, drainage, and the visibility afforded to pedestrians and the operators of motor vehicles on such roads; by a show of hands, the Board concurred unanimously.

Finding 2. The proposed use will not cause water pollution, sedimentation, erosion, contaminate any water supply nor reduce the capacity of the land to hold water so that a dangerous or unhealthy condition results; by a show of hands, the Board concurred unanimously.

Finding 3. The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants; by a show of hands, the Board concurred unanimously.

Finding 4. The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard or unreasonably restrict access of light and air to neighboring properties; by a show of hands, the Board concurred unanimously.

Finding 5. The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use; by a show of hands, the Board concurred unanimously.

Finding 6. The proposed use will not result in damage to spawning grounds, fish, aquatic life, bird, or other wildlife habitat, and, if located in a shoreland zone, will conserve (a) shoreland vegetation; (b) visual points of access to waters as viewed from public facilities; (c) actual points of access to waters; and (d) natural beauty. By a show of hands, the Board concurred unanimously.

Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant approval of the proposed Special Exception Use to construct new 7100 square foot worship facility and associated site improvements at the corner of Route 114 and McLellan Road, zoned Rural Residential, under the Special Exception standards of Chapter 1 in the Land Use and Development Code. Motion CARRIED, 7 ayes. [8:02 p.m.]

Clark Neily MOVED and Michael Parker SECONDED a motion to grant Redeemer Lutheran Church’s request for approval of a proposed 7100 square foot building and associated site improvements on 19.87 acres off McLellan Road with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [8:03 p.m.]

Stretch Break from 8:04 p.m. to 8:15 p.m.

4. PRIVATE WAY PLAN – off 259 NORTH GORHAM ROAD - “BLUEBERRY LANE” - DOMINIC R. & CRYSTAL R. AUBE SARGENT

Request for approval of a 500’ private way to serve 2 lots on 4.5 acres on land now or formerly of Aube. Zoned SR/MH–Shoreland Protected; Map 97/Lot 2.

Ted Wandishin, Custom Built Homes of Maine, Inc., appeared on behalf of the applicants, and said that the applicant is working to secure a release for an easement of certain well rights for an abutting property owner.

Mr. Shields presented the staff comments, saying that the property owners, Crystal Aube Sargent’s parents, are proposing to convey lot A to their daughter, but there is an easement encumbering the deed reserving certain well rights for an abutting property owner. He said that the Town Attorney has recommended that a condition of approval be added with a plan note that would require certain action by the owner/applicant prior to the issuance of a building permit. Mr. Shields read Condition of Approval #6 which has been crafted by staff to give the applicant two options and which should be added as a plan note as well: “That prior to the issuance of any building permit for any area located between the well and the property benefited by the water pipe easement, the precise location of the water pipe easement shall be established. In the alternative, the applicant may submit to the Town a release of the easement executed by the beneficiary of the easement and recorded in the Registry of Deeds.”

PUBLIC OMMMENT PERIOD OPENED: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Mark Stelmack MOVED and Susan Robie SECONDED a motion to grant Dominic R. and Crystal R. Aube Sargent’s request for approval of Blueberry Lane, a private way to serve two lots, located off North Gorham Road with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [8:21 p.m.]

The Vice-Chairman, Douglas Boyce, announced that the Chairman wished to step down from participation in the next item as he is a resident of Mighty Street.

Clark Neily MOVED and Susan Robie SECONDED a motion to excuse Chairman Harold Grant from participation in Item 5. Motion CARRIED, 6 ayes. [8:22 p.m.]

5. PRE-APPLICATION CONFERENCE / SUBDIVISION – off MIGHTY STREET - “SANBORN MEADOWS” – BOYINGTON ASSOCIATES, LLC

Discussion of a 15-lot subdivision and road on 32.06 acres off Mighty Street. Zoned Rural; M83/L11.

Richard Meek, Sebago Technics, appeared on behalf of the applicant, Boyington Associates, LLC, and described the project as being located at the northern end of Mighty Street near its intersection with Route 114. He said the site is a hayfield that has a CMP power line easement running through the property, there is one existing lot in the northeast corner, and it is proposed that 14 additional lots will be added. He said that one lot will be accessed from Mighty Street, east of the CMP easement, and the remaining 13 lots would be accessed from the proposed roadway constructed to the Rural Access standard. He said each lot will have individual wells and on-site septic, underground utilities, and the homes will be sprinkled for fire protection. Mr. Meek said that stormwater management will be accomplished by routing some of the stormwater from the road to the natural low area in the southern area in the site, with a detention basin to mitigate any increases in peak rates of runoff.

There were no comments presented by staff.

PUBLIC COMMENT PERIOD OPENED: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Mr. Hughes asked if the proposed 1500-foot dead end road would be public or private. Mr. Meek replied that it would be a public road, and that looping the road might bring it parallel to the CMP power line easement and accentuate it. Mr. Boyce and Mr. Rodney Boyington discussed what appears to be a second CMP easement on the parcel, and Mr. Boyce suggested that this is something that can be clarified by staff. Mr. Neily asked Mr. Boyington where the firm of Boyington Associates is located; Mr. Roger Boyington replied that it is out of their house in Cape Elizabeth. Mr. Meek confirmed to Mr. Stelmack that the 150 by 200 foot drainage easement on the southwest portion of the parcel is designed as a future detention basin which ultimately will drain into a tributary of the Little River. Mr. Neily commented that the applicant should be aware that there are portions of Mighty Street that will need to be upgrading, and the cost of such upgrading may have to come from this development as well as others. Mr. Boyce asked about the 50-foot right of way extension, saying that it appears to intersect the sideline of the property; Mr. Meek said it would be corrected so that it did not straddle a lot corner. Mr. Boyce asked if the applicant is aware of the rather large gravel pit expansion project whose access is also Mighty Street. Mr. Meek replied that they are aware of the project.

Mr. Boyce indicated that a site walk would be scheduled.

Mr. Grant returned to the table.

6. PRE-APPLICATION CONFERENCE / SUBDIVISION – off NEW PORTLAND ROAD & LONGFELLOW STREET - “SAINT ANTHONY’S WOODS” – ROGER St. PIERRE

Discussion of a 9-lot subdivision and road off New Portland Road and Longfellow Street. Zoned R/MH; M11/L1.

William Thompson, BH2M Engineers, appeared on behalf of the applicant and presented a new alternative to the preliminary 8-lot plan originally presented to the Board in February. Mr. Thompson said that initially the plan called for 4 lots to utilize the New Portland Road frontage of the site, 3 lots accessing Longfellow Street, with an access into the middle of the site for future development. Now the plan has been re-designed to show 9 lots, utilizing Longfellow Street for 3 of the lots, with a 750-foot private way constructed to serve 6 lots. He said this would allow the development to be kept away from New Portland Road to resolve safety and sight issues. He said that there would be some 11 acres remaining, labeled on the plan as “Lot 10.” He said it is proposed to extend water and sewer into the project along Longfellow Street. Mr. Thompson asked that the site walk requirement be waived as the Board has already done one. He said there is one piece of information needed from the Planning staff concerning guidelines about minimum distances for sewer connections so they can determine if a sewer connection needs to be provided for future development of Lot 10. Ms. Fossum said a meeting would be required with the Public Works Director, who is also the superintendent of sewers, to discuss the question of sewer connection distances.

Mr. Grant asked about the proposed lot sizes; Mr. Shields replied that the density calculations would permit 12.8 lots, and they are proposing 10. Mr. Shields confirmed to Mr. Parker that the applicant can add 2 additional lots but would have to come before the Board again. Mr. Hughes commented that this is a 10-lot subdivision, and not 9 as stated in the Item description. Ms. Fossum said that the 10^th lot is the remaining land, but it is only 11 acres, it will be considered a subdivision lot, so it is a 10-lot subdivision. Mr. Stelmack responded to Mr. Grant’s inquiry that he was not a member of the Board when the site walk was held, but he is familiar with the area. Mr. Grant confirmed that the Board was agreeable to waiving another site walk. Mr. Thompson told Mr. Parker that there is no building on Lot 10, and if two additional lots were created, they could be accessed by the 50-foot future right of way. Mr. Thompson replied to Mr. Hughes that access to Lots 1 and 2 would depend on where the building envelopes were placed and could be either Longfellow or the new interior roadway. Mr. Shields advised that the Code restricts curb cuts on a corner lot to a lower classification road so the only curb cut to the main road would be for Lot 3 and the access road.

PUBLIC COMMENT PERIOD OPENED: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Ms. Fossum replied to a question from Mr. Stelmack that if the proposed road were to be a public road, the applicant would be advised that the Public Works Director prefers right-handed hammerheads. Mr. Stelmack discussed with Mr. Thompson the question of the wetlands on Lot 1 and the impact of the private way on the wetland area. Mr. Thompson said that if necessary, they would apply for the appropriate permit to perform the allowable 4300 square feet of wetland fill. Ms. Robie commented that it seems inappropriate to create a dead-end road forever, and Mr. Thompson replied that more information is needed about sewer connection requirements in order to design the road.

7. ADJOURNMENT

Michael Parker MOVED and Douglas Boyce SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [9:45 p.m.]

Respectfully submitted,

____________________________________

Barbara C. Skinner, Clerk of the Board

________________________________, 2004

P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN05FY\PBMN081604 sec draft.doc

2. SITE PLAN – off GORHAM INDUSTRIAL PARKWAY - “HUDSON DISTRIBUTORS” – HUDSON RPM DISTRIBUTORS, LLC

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 all construction and site alterations shall be done in accordance with the “Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices,” Cumberland County Soil and Water Conservation District, Department of Environmental Protection, dated March, 1991;

4. That the applicant shall provide property line information and site information in auto-cad format to the Town Planner prior to the pre-construction meeting;

5. That all buildings shall meet all applicable sections of the 101 Life Safety Code;

6. That the applicant shall provide to the Town copies of executed sewer and access easement deeds prior to the commencement of any work on the site.

7. That prior to the commencement of any site improvements and/or earth-moving activities, representatives of the developer, general contractor, site contractor, and the site design engineer shall arrange for a pre-construction meeting with the Town Planner and other staff members to review the proposed commencement date of the project, the overall schedule of improvements, conditions of approval, and site plan requirements;

8. That the site improvements shall be completed as shown on the approved plans prior to request for either temporary or final occupancy permits for the building; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department;

9. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the issuance of any building permits or commencement of any improvements on the site.

3. SITE PLAN – off McLELLAN ROAD - “REDEEMER LUTHERAN CHURCH” – REDEEMER LUTHERAN CHURCH LCMS

Approved Conditions of Approval

2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;

4. That the applicant shall provide property line information and site information in auto-cad format to the Town Planner prior to the pre-construction meeting;

5. That all buildings shall meet all applicable sections of the 101 Life Safety Code;

6. That prior to the commencement of any site improvements and/or earth-moving activities, representatives of the developer, general contractor, site contractor, and the site design engineer shall arrange for a pre-construction meeting with the Town Planner and other staff members to review the proposed commencement date of the project, the overall schedule of improvements, conditions of approval, and site plan requirements;

7. That the site improvements shall be completed as shown on the approved plans prior to request for either temporary or final occupancy permits for the building; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department;

8. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the issuance of any building permits or commencement of any improvements on the site.

4. PRIVATE WAY PLAN – off 259 NORTH GORHAM ROAD - “BLUEBERRY LANE” - DOMINIC R. & CRYSTAL R. AUBE SARGENT

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 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;

5. 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;

6. That prior to the issuance of any building permit for any area located between the well and the property benefited by the water pipe easement, the precise location of the water pipe easement shall be established.~ In the alternative, the applicant may submit to the Town an release of the easement executed by the beneficiary of the easement and recorded in the Registry of Deeds;

7. 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; and

8. 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.