9/9-12/04 draft revised 9/21/04 w/Myers, Black input; final, with 10/13/04 revisions p. 4, 6
Minutes
Town of Waldoboro
Planning Board Meeting
September 8, 2004
1. Minutes of August 11, 2004
2. Approval of Permit for Access Driveway to Town Water Supply Site, 192 Cross St. (R16/31A)
3. Approval of Seven-Lot Addition to Evergreen Estates Subdivision, Broad Cove Builders,
51 Balsam Drive (R18/42)
4. Approval of Re-subdivision, Ice Pond at Pitcher’s Cove Subdivision, Fitts (R 9/16-12)
5. Approval of Sunset Ridge Five-Lot Subdivision, Wayne Brown (R 16/54B and 56)
6. Approval of Setback Waiver for Outdoor Furnace, Brodis, 60 Glidden St. (U4/46-4)
7. Preapplication Discussion, Mexican Restaurant, Hurd, 15 Friendship Rd. (U4/12)
8. Preapplications Not Discussed: Myers, R 14/31; Smith, R4/44
9. Comments on Dock on Submerged Land, Gerry/Wetherill Trust, Jones Neck
The meeting was called to order by vice chairman JoAnn Myers at 7:02 p.m. in the meeting room at the Municipal Building, with a quorum present throughout. Other members present were Carlo Bianchi, Charles Campbell, Terry Gifford, and Abden Simmons. Code Enforcement Officer John Black was present. The audience included Gerry Brodis, Roger Brodis, Wayne Brown, Paul Cote, Steven Ewing, Douglas Fitts, Sarah Gladu, Tim Gladu, Drew Greiner, Jeffrey Hurd, Tyler Lupien, John Mathieson, William Pacy, Martha Ross, Lee Smith, Keri Spiliopoulos, Bonita Wincapaw, Peter Wincapaw, and H. Edith Winchenbach.
1. Minutes of August 11, 2004
On motion of Campbell/Bianchi, the Board voted 5 – 0 to approve the minutes of August 11 as distributed.
2. Approval of Permit for Access Driveway to Town Water Supply Site, 192 Cross St. (R16/31A)
Town Manager Lee Smith and Paul Cote of EarthTech were in for preapplication review of a revised location for the access driveway to the new well site and pumping station. The proposed access road would come in to Cross Street near the intersection with Wagner Bridge Road and Upper Depot St. The driveway entrance does not meet the required ordinance sight distances. The speed limit on Cross Street is 30 mph. but traffic slows down approaching the stop sign at the intersection. CEO Black told the Planning Board that if the Board approves the general location, the road will be redesigned further west in order to improve the sight distance.
The access road will be on a 50’ right-of-way across the Light property. The exact location of the right-of-way has not been finalized. The Town Manager said it is imperative to construct the access road this fall so that work on the pump station can proceed. Engineer Cote said the road will comply with DEP specifications and Town road specifications.
On motion of Gifford/Campbell, the Planning Board voted 5 – 0 to approve granting a permit for the proposed access road off Cross St., subject to receipt of a permit from the Dept. of Environmental Protection to construct a road through a wetland, approval by the Town road commissioner, and adequate sight distances at the road entrance.
3. Approval of Seven-Lot Addition to Evergreen Estates Subdivision, Broad Cove Builders, 51 Balsam Drive (R18/42)
Owner Martha Ross and surveyor John Mathieson were in for continued review of the subdivision plan for Evergreen Estates phase 2. Ms. Ross provided copies of the subdivision covenants and a letter from Louis Quintal agreeing to let Broad Cove Builders install a dry hydrant at the pond on Rt. 220 near Louie’s Cycle Shop for use as a fire pond. The pond is approximately 30’ x 40’ and 6’ - 7’ deep. Fire Chief Maxcy has said that this will meet the fire protection needs of the proposed subdivision expansion. The dry hydrant will be installed at the time the roadway extension is constructed.
During review at its August 11 meeting the Planning Board requested that a note on the subdivision plan be changed from “right of way not part of project” to “30’ right of way to back land”. This has been done. The final plan shows that the extension of the existing subdivision road joins the existing road. CEO Black told Board members that the other changes requested at the August 11 meeting have been provided. These include:
a) net residential area (upland area) for each lot;
b) a note on the final subdivision plan that lot owners are required to join the homeowners’ association, are jointly responsible for maintenance of the private subdivision road, and that if the road is offered to the Town it must first be brought up to Town road standards, including paving, at homeowners’ expense;
c) more information on location and direction of surface drainage;
d) more detail on construction of storm drainage features (culvert, stonework, swale), and change the labeled culvert diameter to 18”, not 18’;
e) statement on the final plan that stumps will be removed from the property.
The minutes were asked to show that a copy of the subdivision covenants has been provided. A note on the final subdivision plan will specify that lot owners are responsible for the cost of paving if the private subdivision road is later transferred to the Town. Gifford said the subdivision permit should include this requirement.
With the addition of the information provided at tonight’s meeting, on motion of Bianchi/Campbell, the Board voted 5 – 0 that all applicable elements of subdivision review have been met. On motion of Gifford/Bianchi, the Board voted 5 - 0 to approve a permit for the proposed seven-lot extension to Evergreen Estates subdivision. A revised final subdivision plan will be submitted for signature.
4. Approval of Re-subdivision, Ice Pond Subdivision, Fitts (R 9/16-12)
Developer Douglas Fitts and surveyor Drew Greiner were in for continued review of Fitt’s proposed re-subdivision of Lots 11 and 12 to create new Lot 12A at Ice Pond at Pitcher’s Cove subdivision. The subdivision covenants specifically allow future subdivision of Lots 2 and 12 but prohibit future subdivision of other lots. Fitts submitted a letter from attorney Richard Salewski dated Sept. 8 to the effect that subdivision covenants are a private agreement between the developer and the lot owners and are not a Town concern so long as the Town land use ordinances are followed. Black said the Town Attorney has advised that the Town does not have jurisdiction over subdivision covenants or the right to enforce them, and that subdivision covenants can be altered by vote of the lot owners. Therefore, whether the boundaries of Lot 11 are changed in creating new lot 12A is not a concern of the Planning Board, so long as the lots conform to ordinance requirements. Fitts said at a meeting of the subdivision landowners, all but one owner signed a petition supporting creation of the new lot, and that the petition was also signed by a number of neighbors.
At the August Planning Board meeting the Board asked for a copy of the subdivision covenants, a revised wetland delineation for Lots 11, 12, and 12A, evidence that the three lots all have the required minimum buildable area, and the location of the soil test pit on Lot 12A. The subdivision covenants have been provided, and the other items have been added to the revised subdivision plan.
Chairman Myers asked Board members whether they felt it necessary to go through the subdivision checklists for proposed Lot 12A. On motion of Campbell/Bianchi, the Board voted 4 – 1, Myers opposed, not to go through the general and specific performance standards and review standards checklists, because the subdivision was recently reviewed (approval date July 11, 2001) and the scope of the project has not changed.
Gifford asked Black whether all stipulations on the original subdivision permit have been met. Myers read the specific conditions on the signed permit. Black said all conditions have been met.
Myers then opened the meeting for public comment. Neighbor Sarah Gladu said the location of a small pond and streams on adjacent properties are not shown on the revised subdivision plan. She asked whether any part of the small pond and associated wetlands are on proposed Lot 12A. Greiner said the pond in question was created by the owner of Lot 13. He pointed out the pond location near the subdivision road close to the boundary with Lot 12A and said there are no wetlands associated with this artificial pond. A wetland near the pond is shown on the subdivision plan and drains north. This wetland is almost entirely on Lot 13.
Gifford expressed concern that Lot 12A as drawn contains exactly 80,000 s.f. She asked Greiner whether upland from another lot could be added to Lot 12A. Greiner said the lot boundaries shown are the best configuration he could find for the three lots 11, 12 and 12A.
On motion of Campbell/Bianchi, the Board voted 5 – 0 to approve a permit for re-subdivision of Ice Pond subdivision to create new lot 12A.
5. Approval of Sunset Ridge Five-Lot Subdivision, Wayne Brown (R 16/54B and 56)
Owner Wayne Brown and Hollis Tedford of Heartwood Associates were in for continued review of Brown’s proposed five-lot subdivision, tabled at the July 21, 2004 Planning Board meeting. The Board wanted time to review the stormwater management plan submitted at the July 21 meeting. CEO Black’s July 27 letter asked Brown to address the request for a fire pond to the satisfaction of the Fire Chief, add reference to a fire pond on the final subdivision plan, and explain how the access road system meets ordinance requirements. Brown provided a diagram of a proposed fire pond by Chief Maxcy and a letter dated August 17 with specifications for the private roads serving Sunset Ridge subdivision, all of which he said have been constructed to Town road standards.
Stormwater management plan: A letter dated August 6 from Michael Mullen at the Dept. of Environmental Protection states that the project will result in 1.84 acres of disturbed area and 0.74 acres of impervious area as a result of road construction, which is below the threshold for requiring a stormwater permit from the DEP, therefore DEP does not need to review the stormwater management plan. Tedford clarified that “impervious area” refers to the three subdivision roads (Sunset Ridge Road, Stagecoach Lane, and what was formerly called Whitcomb Drive). His stormwater management plan is for the roads and the disturbed area immediately around them, not for the lots within the subdivision.
The Mullen letter states that based on review of watershed and topographic maps and a field visit by David Waddell of DEP, it appears that the project site drains primarily to the upper Medomak River watershed above Winslows Mills. (The July meeting minutes p. 4 say that the Brown land is in the watershed of Duckpuddle Pond, a sub-watershed of special concern within the Pemaquid River watershed.)
Campbell said he has reviewed the stormwater management plan and has no problem with it, if Brown is prepared to follow the recommendations in the plan. Bianchi agreed. On motion of Gifford/Campbell, the Board voted 5 – 0 to accept the stormwater management plan.
Fire protection: Brown had dug a fire pond with a dry hydrant, located about 35 – 40 feet from the south side of North Nobleboro Road east of the intersection of Controversy Lane. Black and public works director John Daigle have inspected the pond, which will be available for fire protection not only for residents of the Brown subdivisions but other area residents. Bianchi asked if there will be a fence around the pond to help prevent accidents. Brown said no, a fence is not required and most ponds are not fenced. On motion of Gifford/Bianchi, the Board voted 5 – 0 to accept the fire pond and asked that a footnote be added to the final subdivision plan referencing the fire pond and giving its location.
Roads: Brown has submitted a letter stating that the subdivision roads have been constructed to Town road standards. CEO Black and public works director Daigle have inspected the roads. They could not determine the depth of base, but Black stated that the roads are satisfactory in width and that there is a cul-de-sac near the top of the hill at the steepest section.
Paving: Myers said the remaining issue is whether a private subdivision road serving more than eight lots is required to be paved. Attorney Wayne Crandall advised the Board that pavement is not required. Lincoln County planner Robert Faunce has reviewed town ordinances and supplied a memo dated August 11 stating that in his opinion a private road serving more than eight lots must be paved. He interprets Section II A Access to Lots (p. 15 of the Land Use Ordinance) as prohibiting the Code Enforcement Officer from issuing a building permit for more than eight lots on a single road unless it is paved. However, Black and Campbell referred the Planning Board to p. 52 of the Land Use Ordinance, where the table of Street Construction Standards indicates that hot bituminous pavement is not applicable for a private right-of-way. Page 13 of the Land Use Ordinance defines a private right-of-way as a vehicular way serving more than two dwelling units, which is not proposed to be dedicated to the Town. Brown said the subdivision covenants state that Sunset Ridge Road and Stagecoach Road will remain private roads and will never be turned over to the Town, therefore they do not need to be paved. Gifford said the Board has received legal advice that subdivision covenants can be changed, are not binding, and cannot be enforced by the Town.
On motion of Gifford/Campbell, the Planning Board voted 5 –0 to accept the roads serving the five-lot subdivision as meeting Town road construction standards, noting that they will remain private roads. The minutes were asked to show how the Planning Board reached the decision that the private subdivision roads do not need to be paved. This is based on the definition of “private right-of-way” on p. 13 and the street design standards on p. 51-52 of the Land Use Ordinance.
Myers summarized that the Board has gone through the general and specific performance standards for the five-lot subdivision. The general performance standards were found met, but there were three outstanding items to be provided regarding the specific performance standards: the stormwater management plan, the fire pond, and whether the subdivision roads meet Town standards. These three items have now been reviewed by the Board and approved. On motion of Gifford/Campbell, the Board voted 5 - 0 that the Sunset Ridge subdivision plan meets all Town requirements, and approved granting a permit, asking the Code Enforcement Officer to inspect the roads and the stormwater management features in 12 months and report back. Gifford noted that the road name “Whitcomb Drive” needs to be changed on the final subdivision plan.
Prior Brown lots: Black told the Board that on the advice of town counsel and Lincoln County planner Faunce, it has been suggested to give blanket approval to all lots created by Wayne Brown to date, including one-lot subdivisions and individual lots created and sold at more than five-year intervals that do not constitute subdivisions requiring Planning Board review. He suggested that the Board make a statement to the effect “We hereby approve all prior divisions of the Brown land”, so that title to these lots will not be clouded by a suggestion that any of these lots may be illegal subdivisions. On motion of Myers/Campbell, the Board voted 4 – 1, Myers opposed, that the Planning Board has determined that all prior decisions of the Planning Board regarding land of Wayne Brown will not affect the Board’s analysis and deliberations regarding future subdivision applications by Brown.
6. Approval of Setback Waiver for Outdoor Furnace, Brodis, 60 Glidden St. (U4/46-4)
Roger and Gerry Brodis, new owners of the Reed Mansion, were in to request a 19’ waiver to place a 6’ x 8’ concrete pad and outdoor furnace on the west side of the garage 11’ from the side lot line with April Lautman’s property. The house has been placed on the National Register of Historic Places. The furnace will have a 35’ chimney, the same height as the building chimneys. The stove pipe will be supported by the foot of the garage and guyed to the garage roof for stability. The proposed location, in an area of brush and exposed ledge, will have minimal visual impact on the property and the community. Abutters have been notified, but not the neighbors across the street. No one has contacted the Town with comments. On motion of Gifford/Bianchi, the Board voted 4 – 1, Campbell opposed, to approve granting a 19’ waiver of the side lot line setback requirement for a concrete pad and outdoor furnace 11’ from the property line, with a stovepipe the same height as the existing chimneys of the Reed Mansion, and landscaping, because the proposed location is the most unobtrusive and the applicants have demonstrated a reasonable need.
7. Preapplication Discussion, Mexican Restaurant, Hurd, 15 Friendship Rd. (U4/12)
Jeffrey Hurd and Steven Ewing were in to describe plans for a Mexican restaurant at 15 Friendship Rd., between the former 5 & 10 and the former Pine Cone Restaurant. CEO Black said he does not know what to ask for in a site plan, as there is no land not covered by the building. Hurd says he owns two parking spaces behind the building. The restaurant will have 25-30 seats. The building is served by public water and sewer. A permit is required from the State Fire Marshal’s office, which will have requirements about fire extinguishers and exit signs. There are two bathrooms, which will be made handicapped-accessible. There is a step up into the building from the sidewalk, so the front entrance is not now handicapped-accessible. There is a handicapped parking space across the street.
Chairman Myers went through the site plan review worksheet to identify items on which the Board will want information. Certain items are inapplicable to an existing building that is part of a downtown office block.
G Landscaping: Although there is no land in front of the building, the owners could have plantings in window boxes or pots near the entrance, like the Pine Cone Restaurant.
N Noise - state the hours of operation.
L Odor Control - address handling of cooking odors.
M Refuse Disposal - address disposal of cooking fats. Hurd does not plan to have a fryolator.
N Sanitary Provisions - a plumbing permit is needed for internal plumbing.
P Signs - a sign permit is needed.
S Storage of Materials - address storage of refuse and trash prior to disposal.
Specific performance standards: Standard N pertains to restaurants (p. 49, Land Use Ordinance). The building is connected to the public sewer line. There is no off-street parking specifically for restaurant patrons, but there is a public parking lot behind the building.
Review standards: Hurd was asked to provide proof of financial capacity. This can be a general letter from a financial institution. Due to the small size of the restaurant, it will not place an undue burden on municipal services, water or sewer.
8. Preapplications Not Discussed: Myers, R 14/31; Smith, R4/44
Matthew and Jessica Myers did not appear for preapplication review of a take-out food stand at 285 Manktown Road. Joseph and Susan Smith did not appear for review of plans for a multifamily residential structure at 51 Atlantic Highway.
9. Comments on Dock on Submerged Land, Gerry/Wetherill Trust, Jones Neck
CEO Black gave Planning Board members copies of a notice from the Dept. of Conservation dated August 30 regarding an application from Alexandra Gerry/Wetherill Trust to extinguish the constructive easement which expires in 2005, and grant a new 30-year lease or easement for the existing private residential pier, seasonal float and dock on the Wetherill property at the Narrows. Comments from municipal officials will aid the Bureau of Parks and Lands in determining whether there is an opportunity to improve an existing condition before a new 30-year conveyance is granted. Written comments must be received on or before September 14, 2004.
The sketch plan shows a 5’ x 59’ pier extending from upland to below low tide line, a 3’ x 32’ seasonal ramp, and a 16’ x 28’ seasonal float secured by mooring anchors. The dock has been in place for more than 30 years. It is used by several families and serves 3 – 4 moorings for pleasure boats. Simmons said the area is deep water and ledge, not clam flats. The dock does not interfere with navigation. He sees no reason to disapprove it.
The Planning Board chose not to submit a formal comment on the application.
Adjournment: The meeting was adjourned at 10:12 p.m.