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02/07/2005 Minutes
Town of Gorham
FEBRUARY 7, 2005
PLANNING BOARD MINUTES

LOCATION: Gorham High School Auditorium, 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
CLARK NEILY                             BARBARA SKINNER, Clerk of the Board
SUSAN ROBIE
MARK STELMACK (Arrived at 7:03 p.m.)
Members Absent:
THOMAS HUGHES
MICHAEL PARKER

The Chairman opened the meeting at 7:00 p.m. and read the 3 item Agenda.  The Clerk called the role, noting that Thomas Hughes, Michael Parker and Mark Stelmack were absent.

1.      APPROVAL OF MINUTES: JANUARY 10, 2005 and JANUARY 24, 2005

        Clark Neily MOVED and Douglas Boyce SECONDED a motion to approve the minutes of January 10, 2005, as written and distributed.  Motion CARRIED, 4 ayes (Thomas Hughes, Michael Parker and Mark Stelmack absent).  [7:01 p.m.]
        Clark Neily MOVED and Douglas Boyce SECONDED a motion to postpone approval of the minutes of January 24, 2005.  Motion CARRIED, 4 ayes (Thomas Hughes, Michael Parker and Mark Stelmack absent). [7:02 p.m.]


Mr. Stelmack arrived at 7:03 p.m.

2.      FINAL SUBDIVISION / PRIVATE WAY APPROVAL – “HAMLIN SUBDIVISION” / “FRANKLIN PRIVATE WAY” – off SEBAGO LAKE ROAD – by DENNWOOD BUILDERS, INC., RICK LOCKWOOD, PROPRIETOR   Request for final approval of proposed amendments to create two additional lots and a private way extension.  Zoned SR; M89/L34.

Thomas Greer, Pinkham & Greer, appeared on behalf of the applicant and told the Board that as had been required by the Board at preliminary approval, the density calculations have been provided for the overall project, and the Conditions of Approval are agreeable to the applicant.

Mr. Shields made the staff comments, saying that the Code Enforcement Officer has confirmed that the proposed layout shown meets the requirements of the Land Use Code.  He said that regarding the foundations that have been installed on Lot 1A, the Code Enforcement Officer has suggested that he would be satisfied with Conditions of Approval 10 and 11 which outline the applicant’s obligations prior to continuing construction and obtaining a building permit.  Mr. Shields said that the land is and was bound by a “Declaration of Maintenance of Private Way,” which addresses any future development of lots on the private way and declares the rights and responsibilities of the lot owners, and if there is any disagreement over those obligations of the parties to that agreement, it would be a civil matter and would not involve the Town, the applicant or the Board.  Mr. Shields commented that the Board asked the applicant’s engineer to consider the net residential density of the entire parcel in order to ensure that the addition of the proposed lots would be suitable, which Mr. Greer has done.  He said that after the deductions, the net acreage would be 10.62 acres, making 7.71 lots, although Mr. Greer provided “units” instead of “lots.”  

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD CLOSED.
Ms. Robie thanked the staff for looking into the issue of frontage, and said she has concluded that what has been presented absolutely meets the letter of the ordinance, but not the spirit of the ordinance, saying that the problem is not with this subdivision but with the ordinance itself.

        Douglas Boyce MOVED and Mark Stelmack SECONDED a motion to grant final plan approval of Dennwood Builders’ request for an amendment to the “Robert Hamlin” subdivision plan and “Franklin Drive,” a private way off Sebago Lake Road, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 5 ayes (Thomas Hughes and Michael Parker absent).  [7:10 p.m.]


3.      PRE-APPICATION CONFERENCE / PRIVATE WAY – off DINGLEY SPRING ROAD – by VENTURE HOMES, LLC Discussion of a proposed private way to serve one lot.  Zoned Rural, M84/L5.

Fred Marshall, P.E., Plymouth Engineering, Inc., appeared on behalf of the applicant and described the application for a one-lot 400 foot private way off Dingley Spring Road to provide access to a rear lot of 80,829 square feet.  He said that the existing structure and foundation on Lot C have been removed. Mr. Marshall said that the dug well that would be overrun by the proposed private way will be abandoned.  In response to Mr. Grant, Mr. Marshall said he did not believe that the well has been in use for a while.  Mr. Marshall asked about the 90 degree intersection required with the road, saying that it would be difficult to accomplish in view of the way the right of way has been cut, and that the proposed paved radii would be 20 or 25 feet, which should allow a single car to orient fairly close to 90 degrees with the road.  Mr. Grant said he is familiar with the site and thinks it is fairly close to 90 degrees, and that the Board will take a look at it during the site walk.  Mr. Shields said that at the time of approval, the Board can waive that requirement of the Ordinance.

Mr. Shields said clarification will be required on lot division, since the information he has been able to find indicates that the lot cannot be created until September of this year, so the applicant needs to show the Planning Office and the Code Office why this will not create a subdivision.  

PUBLIC COMMENT PERIOD OPENED:   
Gary Libby, 9 Dingley Spring Road, representing his mother, asked if there would be a site walk scheduled.  He expressed concern about drainage issues.  Mr. Grant assured Mr. Libby that he would be notified of the sitewalk.
PUBLIC COMMENT PERIOD CLOSED.

Mr. Grant suggested that staff talk to the Public Works Director to get his recommendation of where the culvert should be placed.  Ms. Fossum said this also may be affected by the intersection re-design on the Route 114 project and staff will check with MDOT on this point.

Mr. Grant directed that a site walk be scheduled.


4.      ADJOURNMENT

        Douglas Boyce MOVED and Mark Stelmack SECONDED a motion to adjourn.  Motion CARRIED, 5 ayes (Thomas Hughes and Michael Parker absent).  [7:19 p.m.]

Respectfully submitted,


___________________________
Barbara C. Skinner
Clerk of the Board
_______________________, 2005
P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN05FY\PBMN020705.doc
2.      FINAL SUBDIVISION / PRIVATE WAY APPROVAL – “HAMLIN SUBDIVISION” / “FRANKLIN PRIVATE WAY” – off SEBAGO LAKE ROAD – by DENNWOOD BUILDERS, INC., RICK LOCKWOOD, PROPRIETOR
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 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;

3.      That prior to the commencement of any site improvements, land clearing and/or earth-moving activities associated with the approved subdivision amendment, the applicant shall arrange pre-construction meetings with the Planning Department, 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.      That prior to the issuance of any building permits for Lots 1A, 1B and 1C the developer shall provide a performance guarantee in an amount equal to 125% of the estimated cost of the private way or complete the construction;

5.      That prior to the issuance of any occupancy permits within the subdivision, each structure shall be properly numbered with the number visible from the street year round;

6.      That 3 (three) complete sets of the final approved plan set will be delivered to (1) the Inspecting Engineer, (2) Public Works Director, and (3) Director of Planning one week prior to the pre-construction meeting;

7.      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;

8.      That the applicant shall provide property line information and site information in auto-cad (version 2000) format to the Town of Gorham Tax Assessor prior to the scheduled pre-construction meeting;

9.      That the private way shall be maintained for emergency vehicles year-round;

10.     That the concrete footings located on Lot # 1A shall be located by a Professional Surveyor and proof of their location be submitted to the Code Enforcement Officer prior to the issuance of a building permit;

11.     That in the event that the concrete footings on Lot # 1A are not in conformance to the setbacks required by the Land Use Code then they shall be removed prior to the issuance of a building permit;

12.     That all homes on Lots # 1A, 1B and 1C within the subdivision will be sprinkled and the sprinkler plans must be submitted to the State Fire Marshal’s office and the Gorham Fire Department for review and permitting. The plans to Gorham Fire shall be submitted at least two weeks prior to the start of construction of the system in each building;

13.     That the sprinkler test papers shall be forwarded to the Fire Department before a certificate of occupancy is issued;

14.     That prior to the issuance of the first occupancy permit 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;

15.     That these conditions of approval, Private Way Maintenance Agreement and Final Plan Mylar 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 commencement of construction or conveyance of any lots within the subdivision.