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07/11/2005 Planning Board Minutes
Town of Gorham
JULY 11, 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
MICHAEL PARKER
SUSAN ROBIE
MARK STELMACK
Members Absent:
Thomas Hughes

The Chairman opened the meeting at 7:02 p.m. and read the Agenda.  The Clerk called the role, noting that Thomas Hughes was absent.

        Michael Parker MOVED and Clark Neily SECONDED a motion to suspend the rules in order to consider the University of Southern Maine’s request for modification of Condition #7 attached to the December 6, 2004 Site Plan Approval of the co-generation facility and to take this request up as Item #3, or immediately following Item #2, on the current Agenda.  Motion CARRIED, 6 ayes (Thomas Hughes absent).  [7:05 p.m.]


1.      APPROVAL OF MINUTES:  JUNE 20, 2005

Mark Stelmack MOVED and Susan Robie SECONDED a motion to approve the June 20, 2005 minutes as written and distributed.  Motion CARRIED, 5 ayes (Thomas Hughes absent and Clark Neily abstaining as having been absent for the June 20, 2005 meeting).  [7:06 p.m.]


2.      SITE PLAN – “COLLABORATIVE CHILD CARE CENTER” – off ROUTE 25 - by UNIVERSITY OF MAINE SYSTEM / UNIVERSITY OF SOUTHERN MAINE-GORHAM CAMPUS.   PUBLIC HEARING
        Request for approval of a 6,500 square foot day care facility, off Husky Drive on the Gorham Campus. Zoned UR; M40/L13-18; M41/L35-36; M101/L6-7; M102/L1-3 & M105/L36.

David Early, Executive Director of Facilities Management, University of Southern Maine, spoke on behalf of the University and introduced Angela Blanchette and Joseph LaVerriere, DeLuca-Hoffman; Allyson Dean, Director of Child Care Services at USM; Kevin Dean, program manager for the child care program in Gorham; Tom Gorrill of Gorrill-Palmer; and Chris Briley, TFH Architects.

Mr. LaVerriere explained various changes to the initial building design, commenting that in particular there will no longer be a “green” roof; instead there will be a more conventional roof.  As a result of the roof change, the elevation of the finished floor of the building picked up from 270 to 275, a difference of 5 feet.  He said that the drop off area has been changed, and the 14 parking spaces will not be lost as originally anticipated.  There will be a link from the childcare center to the existing walkway on Husky Drive.  A fire hydrant will be provided per the Fire Chief’s request.  He said the facility will be connected to the existing sewer system and water is being provided through a connection to the on-site water on campus.

Chris Briley, TFH Architects, explained the changes made to the building design, saying that the building will have one wall of glazing to provide natural light, and metal skin panels running horizontally and a standing seam metal roof, with solar panels to provide both domestic hot water and hot water heating for the building.  He said that there will be roof monitors to act as light gathering devices as well as forming the passive ventilation system that cools the building and providing power venting in an emergency.  

Mr. Shields gave the staff comments, noting that the application is being reviewed for site plan, as well as special exception.  He said that the new day care facility will have its parking located within the Husky Drive parking lot, and with this new proposal, no new spaces are being created and no spaces are being lost.  Mr. Shields said that a complete parking study has been done for the campus which indicates that the Husky Drive lot, indicated as Lot G20 in the study, has a surplus of more than 100 parking spaces during the academic year, and the campus overall had a surplus of 341 spaces during peak hours.  He said that there are 3 access points that will be used to access the day care facility:  one off Husky Drive, one is School Street and the third is College Street, and the main access into the site is expected to be the Husky Drive and Route 25 intersection, which has recently been upgraded with shoulder widening to allow for a slip lane around left turning traffic into the Husky Drive entrance.  He noted the traffic study by Gorrill-Palmer showing that the day care facility will result in an increase of approximately 30 trip ends during the peak hours.  Mr. Shields pointed out that the Fire Chief’s concerns due to the proposed green roof concept are no longer at issue.

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD ENDED.

Ms. Robie said she had gone to the site to examine the changes in elevation and is now more comfortable that the playground will be a safe place with the protection provided by the guardrail, chain fence and 3:1 slopes.  She asked where people will go once they have exited the building by the emergency exit at the north end of the building.  Mr. Briley explained that there will be a stone dust maintenance path to Husky Drive as the maintenance doors will also be located at that end of the building.  In reply to a query from Ms. Robie, Mr. Briley explained that the air intake is the energy recovery ventilator through penetrations in the roof.  Mr. Shields commented that the maintenance access on the north side should be shown on the plans; Mr. Early said it will be shown on the mylars.  Mr. Early told Mr. Parker that the current day center in Hastings Hall will revert back to being a lounge for campus events and that there is no building specific parking for Hastings Hall.  Mr. Briley told Ms. Robie that the chain link fence will be in front of the stonewall.  Mr. Early told Mr. Stelmack that there are no underground storage tanks on campus.  Mr. Neily hoped the University would urge its students to use parking on campus rather than the parking spaces on School Street, and also urged that the University be scrupulously careful about those who avail themselves of the services of this facility.

The Board agreed to vote on the below-listed Special Exception Criteria as a whole rather than individually.

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;

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;

Finding 3.      The proposed use will not create unhealthful conditions because of smoke, dust, or other airborne contaminants;

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;

Finding 5.      The proposed waste disposal systems are adequate for all solid and liquid wastes generated by the use; and

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.

        Clark Neily MOVED and Susan Robie SECONDED a motion to grant approval of the proposed Special Exception Use to construct a proposed 6,500 square foot child care center with associated site improvements off Husky Drive, zoned Urban Residential, under the Special Exception standards of Chapter I in the Land Use and Development Code.  Motion CARRIED, 6 ayes (Thomas Hughes absent).  [7:40 p.m.]

        Clark Neily MOVED and Michael Parker SECONDED a motion to grant approval of the University of Southern Maine’s request for approval of a proposed 6,500 square foot child care center with associated site improvements off Husky Drive with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 6 ayes (Thomas Hughes absent).  [7:41 p.m.]


3.      SITE PLAN AMENDMENT – “CO-GENERATION FACILITY” – off SCHOOL STREET/UNIVERSITY OF SOUTHERN MAINE GORHAM CAMPUS – UNIVERSITY OF MAINE SYSTEM.  Request for modification of Condition of Approval #7 relating to the requirements for sound testing of the co-generation equipment.  Zoned UR; M40/L13-18; M41/L35-36; M101/L6-7; M102/L1-3 and M105/L36.

David Early, Executive Director of Facilities Management, explained that Central Maine Power offered to offset any economic justification for construction of the co-generation facility through December 31, 2008, at which time the University will then pursue the installation of the co-generation equipment.  He said that in the meantime the building will be constructed and used for storage.  

Ms. Fossum explained that there are two conditions affected by the postponement, the first being Condition #7, postponement of  the requirement to comply with noise generation studies as they relate exclusively to the co-generation facility, and the second, Condition #13, postponement of the review of the building construction plan by a fire protection engineer until such time as the co-generation equipment is to be placed in the building.  

Mr. Grant suggested that after the words “…prior to the installation of any equipment, the applicant shall…” the phrase “return to the Planning Board…” be added.  The applicant concurred with the suggested change.

        Clark Neily MOVED and Susan Robie SECONDED a motion to grant the University of Maine’s request to postpone compliance with the requirement of Conditions # 7 and 13 until such time as the applicant moves forward with the design of the co-generation equipment, at which time, and prior to the installation of any equipment, the applicant shall return to the Planning Board and demonstrate its ability to comply with the requirements of Conditions of Approval #7 and #13 attached to the December 6, 2004 Site Plan approval.  All other conditions and requirements of the December 6, 2004 Site Plan approval shall remain in full force and effect.  Motion CARRIED, 6 ayes (Thomas Hughes absent).  [7:45 p.m.]


4.      FINAL SUBDIVISION PLAN – “GORDON FARMS PHASE II” – off FORT HILL ROAD – by SMITH & SMITH CONSTRUCTION, INC.  Request for approval of a 24-lot residential subdivision off Fort Hill Road and Queen Street. Zoned R-MH/SZ; M45/L23; M47/L39.  

Shawn Frank, Sebago Technics, appeared on behalf of the applicants, and said that the MDEP Site Location Permit has been received.  He said that the MDOT has not made the intersection improvements of Gordon Farms Road and Route 114 as had previously been anticipated, so the developer has made the improvements itself, and the work has been inspected and approved by the Town’s Review Engineer.  He said that water has been extended through Phase 1 and will be extended through the second phase of development.  He said that the applicant has also revised its proposal to include a future right-of-way to Queen Street that will not require the filling of wetlands as was previously proposed.

Mr. Shields gave the staff report, noting that the legal documents may still need some final revisions and a condition of approval has been proposed that would require the documents to be reviewed and approved by the Town’s Attorney prior to the Board’s endorsement of the Mylar.  Mr. Shields said that the applicant has demonstrated its financial capacity.  He mentioned the condition of approval to Phase I that required the developer to make site distance improvements to Route 114 or wait until MDOT made those improvements as part of its 114 corridor improvement project before conveying any lots, and noted that the developer has made those improvements.  He also said that a condition of approval has been created regarding access to Queen Street, which will be new #13, as follows:

        “That when the streets in Phase II of this subdivision are offered to the Town for acceptance, the developer shall offer the Town the deeded right of way to Queen Street, located between Lots 20 and 21, and shown on the final subdivision plan.”

The applicant concurred with the new Condition.

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD ENDED.

Mr. Parker commented about the net residential calculations, and asked about the possibility of subdividing one of the larger lots to obtain 25 instead of 24 lots.  Mr. Shields replied that such subdivision to get one more lot would require amendment to the DEP and Site Location Permit, and would also have to come back before the Planning Board.  Ms. Fossum said that an individual lot owner could come before the Board and ask for further division of his lot and would also have to modify the DEP Permits.  Mr. Frank said they would like to keep their option open for one more lot at some time in the future.  

Mr. Stelmack asked about the comment in the Portland Water District correspondence about the requirement to include pressure-reducing valves on the water service pipes and should this requirement be a condition of approval.  Mr. Shields suggested that it be included as a note on the plan.  Mr. Frank agreed to do so.

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant final approval of Smith and Smith Construction Inc.’s request for “Gordon Farms Phase II,” a proposed 24-lot residential subdivision on 58 + acres off Fort Hill Road with conditions of approval as posted prior to the meeting, the new condition #13 added this evening, and discussed with the applicant.  
        Discussion:     Ms. Robie asked if the motion also included the plan note about the pressure reducing valves on the water service pipes.  Mr. Parker agreed that it did.
        Motion CARRIED, 6 ayes (Thomas Hughes absent). [8:04 p.m.]


5.      PRE-APPLICATION CONFERENCE NO. 3:  PIT RECLAMATION / SUBDIVISION PLAN / PRIVATE WAY PLAN – “HAMLIN PIT” / “BROOKSIDE SUBDIVISION” / “WINDING BROOK WAY” – off PLUMMER ROAD – by LEAVITT EARTHWORKS CO., INC.   Discussion of a proposed plan for a 7-lot residential subdivision on 28.90 acres. Zoned R (M86/L10, 10.001 & .002)

Mr. Grant asked if this was also a site plan application; Ms. Fossum said that would be clarified later.

Charles Brown, Sebago Technics, introduced Stephanie Hubbard of Sebago Technics and Brian Leavitt, the applicant.  He explained that the current proposal before the Board is to reclaim the entire area for a 7 lot subdivision and that the commercial operation has been moved to Standish.  He said that the area south of the two streams, originally anticipated to be mined, has now been sold to the abutting landowner to the south and is no longer a part of the proposal.  He said the flood plain for the site has been mapped.  A private way has been added to serve 6 of the lots, entering off Plummer Road, and the 7th lot will have 200 feet of frontage on Plummer Road.  Mr. Brown said they have worked closely with the State on the test pits for the septic systems.  He said that complete net residential density calculations have been done for the property, supporting 7 lots.  Mr. Brown discussed the “green areas” which will be created along the brook by planting a series of small evergreen plugs.  He said that access to the one lot not accessed by the proposed private way will be over the existing haul road, that DEP has indicated that it could be utilized to the back lot, and that the haul road has been stabilized.  Mr. Brown said that the areas which have not been altered will not be disturbed and talked about the re-grading proposed.  He asked for the Board’s comments on the proposal as it is now before it.

Mr. Shields gave the staff comments and said that since the project came before the Board in 2003, it has been reworked so that almost everything in the original proposal has been omitted, and now it is a plan to reclaim the gravel pit and use it for a 7-lot subdivision.  He said the Board may wish to consider another site walk as this is basically a new application.  He said there is available to the Board a copy of the consent agreement with the Code Enforcement Officer regarding past violations within the property.  Finally, Mr. Shields indicated that staff has met with the applicant to discuss the extension of public water to the site, using specific “estimated extraordinary” cost factors related to the brook crossing, tapping the cross country line and pressure boosters for individual homes, which resulted  in a $8000 +/- cost difference per unit.  

PUBLIC COMMENT PERIOD OPENED:   
Cindy Smith, 84 Plummer Road, expressed concern with drainage across her property.
PUBLIC COMMENT PERIOD ENDED.

Ms. Robie asked Mr. Brown to explain in more detail where the “green belt” will be.  Mr. Brown described the siltation fence and berm, erosion control, and the plantings anticipated within the 100-foot stream setbacks disturbed years ago.  Mr. Shields commented that the consent agreement requires the applicant to perform the work.  Mr. Brown answered a query from Mr. Grant that the Quonset hut will be removed.  Mr. Brown told Mr. Parker that the piece of land sold to the abutter has never been mined but at some point in time was harvested for timber.  Mr. Boyce asked about the frontage for Lot 7; Mr. Brown replied that Lot 7 will have 200 feet of frontage on Plummer Road and the other 6 lots will come off the proposed private way.  Mr. Grant commented that the applicant might want to consider sprinkling the houses.

Mr. Stelmack asked about the DEP 2004 letter to the Code Enforcement Officer about the location of the road; Mr. Brown replied that at that time the downhill side of the road was not fully stabilized, but at this time the silt fence has been installed, the erosion control berm has been built, and the side is now stabilized.  For this proposal, the existing access drive will serve as the driveway for Lot 7.  Mr. Grant asked that the net residential density calculations be provided.  

Mr. Parker asked if a reclamation plan has been approved for the pit, and asked if the Board can see the reclamation plan distinct from the subdivision plan.  Mr. Stelmack suggested that separate drawings can be prepared showing final contours of the reclaimed area and then lay the proposed contours for the subdivision plan on top.  Mr. Brown said that they could take the existing conditions plan and add the topo to it.  Ms. Robie commented that there is no distinction on the plan between natural and man-made slopes.  Mr. Leavitt said that it might be helpful to provide the Board with the reclamation plan for the site walk.  Mr. Parker suggested that the net residential density calculations be done on the reclaimed pit, which will probably be to the applicant’s advantage.  Mr. Boyce commented that he believes the applicant is headed in the right direction with this application.  

In response to a question from Mr. Leavitt, Mr. Grant suggested that he do nothing on the site until the Board has approved a plan and that the consent agreement with the Code Enforcement Officer must be considered; Ms. Fossum concurred.

Mr. Grant directed staff to schedule a site walk.  [8:45 p.m.]


Stretch Break to 8:55 p.m.

6       PRE-APPLICATION CONFERENCE NO. 2:  SUBDIVISION PLAN APPLICATION – off 229 BUCK STREET – by BENJAMIN & SANDY SMITH.  Discussion of a proposed plan for an 11-lot subdivision with 10 new lots on 72 acres.  Zoned UR; M79/L3.

Mr. Neily asked to be recused as he owns property directly across the street from this project.
        Michael Parker MOVED and Douglas Boyce SECONDED a motion to recuse Mr. Neily from participation in this item.  Motion CARRIED, 5 ayes (Thomas Hughes absent, Clark Neily abstaining).  [9:00 p.m.]

Mr. Grant asked about the zoning for this property; Ms. Fossum said that it is not UR, but is Rural.  Mr. Greer said a piece might be Suburban Residential.

Tom Greer, Pinkham & Greer, appeared on behalf of the applicants and described the proposal.  He said that flood plain mapping has been done, soils testing has been done, and the plan now is for an 11-lot subdivision to be accessed off two road.  He said one lot will be accessed off a single lot private way, and the remaining lots will be accessed off what will become a public way coming in from Buck Street.  He suggested that a site walk should be scheduled.

Ms. Robie asked about one of the lot which appears to be isolated due to wetlands around it.  Mr. Greer said he would address Ms. Robie’s question.  Mr. Greer said the road will be about 1500 feet long.

PUBLIC COMMENT PERIOD OPENED:   
Allen Rumery, 512 Buck Street, reiterated his concerns about the possibility of septic systems draining into his drinking water.  Mr. Grant noted that the Planning Board needs to rely on the evaluation of a certified soils scientist.  Mr. Greer said that as part of the next submittal, a nitrate impact analysis will be done.
PUBLIC COMMENT PERIOD ENDED.

Mr. Grant directed staff to schedule a site walk.  [9:09 p.m.]


Mr. Neily returned to the table.

7.      PRE-APPLICATION CONFERENCE: PRIVATE WAY PLAN APPLICATION – “HANSEN WAY” – off DINGLEY SPRING ROAD – by MARK E. & KARA L. HANSEN.  Discussion of a proposed plan for a 430’ road to serve 1 lot.  Zoned SR; M81/L26.002.

Lawrence Humble, Tooth & Associates, appeared on behalf of the applicants.  He said that the applicants would like to construct a new home on the back of the parcel, therefore subdividing the lot, which will require the construction of a private way to achieve the frontage needed for the new lot.  He said that they have worked with the Maine DEP to obtain approval for a wetland impact and permit by rule for the stream crossing, and DEP has asked that the proposed hammerhead be moved back another 200 feet onto the upland portion of the lot.  He asked that the slope requirement be reduced from 3:1 to 2:1 to reduce the impact on the wetlands.

Mr. Grant commented on the extreme wet conditions on the site and what he considered to be unfavorable building conditions.  Mr. Stelmack asked how long a distance the 2 to 1 slope waiver area would run; Mr. Humble replied that it would be about 350 feet.  Ms. Fossum confirmed with Mr. Grant that the slope requirement can be waived if the Board so chose.  

PUBLIC COMMENT PERIOD OPENED:   None offered
PUBLIC COMMENT PERIOD ENDED.

Mr. Grant directed that a site walk be scheduled.  [9:20 p.m.]


8.      PRE-APPLICATION CONFERENCE: PRIVATE WAY PLAN AMENDMENT– “SMALL POND ROAD” – off COUNTY ROAD – by RUDY AHLQUIST.  Discussion of a proposed plan for an amendment to extend the private way 190 feet and relocate the turnaround.  Zoned R; M15/L24.002.

Andy Morrell, BH2M Engineers, appeared on behalf of the applicant and explained that the current configuration of the private way hammerhead is in front of where the applicant would like to put his addition, and the front setback requirement could not be met.  Therefore, the applicant would like to extend the private way 190 feet, making the total length of the road 1120 feet.  Mr. Morrell asked that the Board consider waiving the site walk requirement based on what the applicant considers de minimus changes.

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to waive the site walk requirement.  Motion CARRIED, 5 ayes (1 nay, Harold Grant, and Thomas Hughes absent).  [9:25 p.m.]


9.      ADJOURNMENT

        Clark Neily MOVED and Michael Parker SECONDED a motion to adjourn.  Motion CARRIED, 6 ayes (Thomas Hughes absent).  [9:30 p.m.]

Respectfully submitted,



__________________________________
Barbara C. Skinner, Clerk of the Board
______________________________, 2005

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2.      SITE PLAN – “COLLABORATIVE CHILD CARE CENTER” – off ROUTE 25 - by UNIVERSITY OF MAINE SYSTEM / UNIVERSITY OF SOUTHERN MAINE-GORHAM CAMPUS
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 prior to the start of construction;

3.      That the applicant shall satisfy all the Fire Chiefs requirements as outlined in his letter dated June 30, 2005;

4.      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;

5.      That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor prior to the start of construction;

6.      That prior to the commencement of any site improvements and/or earth-moving activities associated with the approved site plan, the applicant shall arrange for a pre-construction meeting with the selected Review Engineer, Portland Water District, 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 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 date of written notice of approval by the Planning Board, 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.      FINAL SUBDIVISION PLAN – “GORDON FARMS PHASE II” – off FORT HILL ROAD – by SMITH & SMITH CONSTRUCTION, INC.

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 the fire hydrants shall be placed every 1000 feet on the water main extension. The exact location of the hydrants to be determined by the Fire Chief at the time of installation. The cost of the hydrants and their installation shall be the developer’s responsibility. The hydrants will become public hydrants once the streets have been accepted by the Gorham Town council;

4.      That no building materials shall be allowed on any site until the water main and hydrants are installed and in service;

5.      That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange for a pre-construction meeting with the Planning Staff, Public Works Director, Fire Chief, Code Enforcement Officer, Town’s Inspecting Engineer, Site Contractor, Design Engineer and himself to review the proposed schedule of improvements, conditions of approval, and site construction requirements;

6.      That prior to any occupancy within the subdivision a structure shall be properly numbered with the number visible from the street year round;

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 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;

9.      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 scheduled pre-construction meeting

10.     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;

11.     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

12.     The applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and

13.     That when the streets in Phase II of this subdivision are offered to the Town for acceptance, the developer shall offer the Town the deeded right of way to Queen Street, located between Lots 20 and 21, and shown on the final subdivision plan;

14.     That a note regarding pressure reducing valves shall be added to the subdivision plan; and

15.     That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the date of written notice of approval by the Planning Board, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to issuance of any building permits for any of the lots within the subdivision.