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Planning Board
Public Hearing Minutes
August 20, 2013
1. Call to Order: The Public Hearing was called to order at 7:00 PM.
2. Attendance: Chair- Dan Peaco, Vice Chair - David McVety, Secretary - Karen Turino, Herb
Olsen, Beth Damon & Alternate -Stan Brett. (Absent - Alternate - Rick Jackson)
Richard St. John – CEO, Tanya Taft – Secretary
3: Discussion on the following item:
A. Russell Ouellette, Represented by Rick Rhea - Tax Map R-5, Lot 033-18 off Evergreen
Drive, a FINAL plan is now under review for a (6) lot subdivision being called Evergreen Woods Subdivision: Revisions and Supplemental Information to the Final Plan Application have been submitted into public record. Rick Rhea gave an overview to the public in attendance. Evergreen Drive has its’ own Moose Pond Road Association. It is not part of the new Association. Lot 8 in Evergreen Association is the only lot in this subdivision that will have a vote in the Moose Pond Road Association. Jane Frazier Brown: 108 Evergreen Drive; New lots will “NOT” have a vote? R.Rhea: No, Just lot 8. Jane Frazier Brown: I would like the individuals who purchase the lots to know up front that they are required to pay into the Road Association. I would like a
separate signed Road Maintenance agreement to be produced so there are no surprises down the road. R.Rhea: For the new Assoc. they are going to elect (1) member from all of the lots to act as a representative. Jane Frazier Brown: Will they get a legal document that they understand what the stipulations are? R.Rhea: Yes, They will get a road maintenance agreement and it will be registered at the Registry of Deeds. Covenants will be separate. There is a mechanism in place so new owners will be aware of what they are required to do. Otis Brown: 108 Evergreen Drive; If we have a problem with runoff, we go to their association? R.Rhea: Yes. DP: does the town have a right to say anything about a private road? CEO: if there is a storm-water issue, the Town will want to stay in the loop, but they are not involved in the actual decision of maintenance in Evergreen Drive. Dick
Joyal: 106 Evergreen Drive; There is a culvert discharge pipe on my property, my concern is how much more water will be on my property? R.Rhea: this is why we hired an Engineer, it’s been looked at twice and then when the final part is done, a 3rd Engineer will review site. CEO: There is no set min or max amount of Stormwater run-off. It is whatever is necessary to make it happen with minimal impact to existing culvert flows. They have volunteered a maximum 15,000sq.ft. Total vegetation clearing with no more than 7,500 sq.ft. of that total impervious surface per lot and the town Engineer has found it to have minimal impact. Otis Brown: We want to talk about the access path to Moose Pond on Lot 8. There is a stream that empties near the bogs. The path that you are proposing will need some kind of bridge or board walk? Is that ok near shoreline? You can’t put fill in this area and who is going to build the path, will it be the Association and if so, who will maintain it? Will there
be a gate or a fence at the entrance to the path? Will there be locked access? R.Rhea: Right now, no plans for anyone to construct it, we are just looking for it to be approved, but it will need to be done according to the rules established by the State or Town. Jane Frazier Brown: If Russ is not planning to construct anything, and he starts to sell lots, they will wonder on to our lot because it’s drier. Kathy Dibenedetto: 202 Evergreen Drive; Why can’t they have the easement up the street? Otis Brown: They can’t, there was no dry hydrant up there. So they accessed over Steve’s property. Do these new buyers have to build their houses in one area? Or are they going to cut off the trees? DP: no they need to get CEO’s permission before they do any cutting. CEO: Building envelopes have been conceptually identified; they are limited to certain clearing
limitations. The more clearing used by the driveway, means less lawn area. In the previous subdivision, they had a very clear understanding. This is a little more flexible, but still only a certain amount of clearing will be done. It will be 15,000 sq. ft or less. According to where the slopes are, an engineer will need to prove to CEO that it has met requirements. Jane Frazier Brown: We are most concerned about the road fees. Hoping they are told up front so they know what they are getting into. CEO: Do you have an example of what you signed? Otis Brown: Yes, the original acknowledgement is in here. It is known as the Acknowledgement of disclosure materials, but it’s pretty vague. Carlene Joyal: 106 Evergreen Drive; since we don’t own the road, we have a ROW, are we responsible if someone gets hurt? DP: Wish I were a lawyer, I don’t know the answer to that. Otis Brown: Land and road have been insured for several years. SB: The new lots only have one say? Lot 8 is part of the
association and the others are not? R.Rhea: There will be one representative from the new Association and 14 lots in the Road Maintenance Association. DP: If they are going to pay for the road association, why don’t you want them in the Moose Pond Road Association? Jane Frazier Brown: That would mean more voters to attend meeting, and if they don’t show up, we would not have a quorum. R.Rhea: Read the covenant that any buyer of the lot is responsible. Road Maintenance agreement states it’s subject to maintenance and upkeep of this road. Attorney will find that title is subject to a prorated cost for road up keeping. This is part of the deed; their attorney will have reviewed the deed w/ them. It’s separate because your association didn’t want 14 additional people in your association. Marie Coons: 90 Evergreen Drive; Has a question about the 20 foot access trail?
Where did the 20 feet come from for the access easement trail? DP: that was the width of land Ross was going to retain to keep the 6 ‘meandering path. Jane Frazier Brown: Can we revisit having path on the other side? I would like that reconsidered. Otis Brown: we believe it would cost less to have it on the right side and be less muck and less disturbance of wildlife on the right side. SB: I realize this is a wet season; historically is that side always dryer? Otis Brown: Yes. Jane Frazier Brown: it’s always wet, no matter what. Shallower approach on the left side. Drop is about the same from the road. Shirley Fielder: real estate agent, represents Leonard Kennedy, Len is not in the Moose Pond Road Association, but pays into it. She thinks there are real concerns; I thought 20 foot pathway was going to be at least 100 feet wide. You are asking for a lot of problems. Need at
least 100 feet. The owner of the Subdivision lives on Lot 8 and the covenants do not allow any “hard” business activity? CEO: that shore of Moose Pond is residential. So Resource Protection rules don’t apply. DP: asks if there are any other questions: Otis Brown: at what point can a private road apply to be a public road. DP: You can bring the road up to Town Standards and then bring it before annual town meeting to see if the town will agree to it?
4. Adjournment: With no further business, the Public Hearing was adjourned at 7:58 PM.
Respectfully submitted,
Tanya Taft
Recording Secretary
Approved by: Dan Peaco, Chair
Otisfield Planning Board
Approved on: September 17, 2013
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