Draft 3/12/05 revised 3/16/05 w/Yerxa’s and Black’s input
Minutes
Town of Waldoboro
Planning Board Meeting,
March 9, 2005
1. Minutes of February 2 and 9, 2005
2. Approval of Re-Subdivision, Broad Cove Builders Subdivision, 51 Balsam Dr. (R18/42)
3. Planning Board Policy Discussion: Findings of Fact; Reconsidering Board Decisions; Speeding up Discussion; Petitions; Planning Board’s Role as Stewards of the Development Process; Waiver of Ordinance Provisions
4. Planning Board Terms expiring in 2005
5. Schedule for Land Use Ordinance Revision Process, Spring 2005
6. Planning Board Training Session March 23, Augusta
The meeting was called to order by chairman Bo Yerxa at 7:00 p.m. Other members present were Carlo Bianchi, Chuck Campbell, JoAnn Myers and Abden Simmons. Code Enforcement Officer John Black was present. Richard Castner and Thomas Ross attended the meeting.
1. Minutes of February 2 and 9, 2005
On motion of Bianchi/Campbell, the Board voted unanimously to accept the minutes of the special Planning Board meeting of February 2 and the regular meeting of February 9 as distributed. The approved minutes of January 19 were circulated for signing.
2. Approval of Re-Subdivision, Broad Cove Builders Subdivision, 51 Balsam Dr. (R 18/42)
Thomas Ross was in representing Broad Cove Builders, which requests approval of two changes to lot access in order to minimize disturbance to a wetland north of and parallel with the subdivision road. The seven-lot addition to the 1988 subdivision was approved on Sept. 8, 2004. The proposal is to access Lot 42-6 over a 30’ right-of-way over Lot 42-5 and to access Lot 42-7 over a 30’ right-of-way over Lot 42-8 at the cul-de-sac. The lots have the required minimum developable area even after subtracting the land under the rights-of-way.
Code Enforcement Officer John Black’s analysis of the application, titled “Application and Standards Review Based on Available Information as of February 25, 2005”, states that the application appears to meet all applicable requirements and review standards, subject to three conditions: the driveways to be built to the required standards (15 inches of gravel and a 15-foot wide traveled surface for the driveway serving Lots 42-5 and 42-6, and 15 inches of gravel and a 12-foot wide traveled surface for the driveway serving Lot 42-7); the revised subdivision plan to be labeled “amended”, “revised” or “re-subdivision”; and the final plan to show all lot boundary markers as “set”, replacing the notation “pin to be set”.
On motion of Campbell/Bianchi, the Board voted 5 – 0 to waive complete subdivision review because the subdivision was reviewed and approved six months ago. On motion of Bianchi/Campbell, the Board voted 5 – 0 to approve the changes as shown on the revised subdivision plan dated March 7, 2005, subject to the above driveway standards, and signed the revised final plan.
3. Planning Board Policy Discussion
Findings of Fact
The Board and CEO Black discussed how to handle the written Findings of Fact without requiring a month’s delay between the Board’s decision and issuance of the permit. The Board wants to review and sign the Findings of Fact at the next meeting, as an addendum to the minutes. Black said other towns treat the Findings of Fact as the permit. The current practice in Waldoboro has been for the Code Enforcement Officer to wait until the draft minutes of the meeting are available, in order to check any conditions on the permit, then issue the permit, usually within a week of the meeting. The Findings of Fact will not be treated as the permit, in Waldoboro. It will provide a paper trail documenting how the Planning Board arrived at its decision in each case.
Myers asked whether the term “findings of fact” has a specific legal meaning that differs from the way the Waldoboro Planning Board proposes to use the Findings of Fact. Black said this could be an item for discussion at the upcoming Maine Municipal Association training program on March 23. Several Planning Board members plan to attend this session.
Black asked Board members if the format used in his analysis of the Broad Cove Builders re-subdivision application is satisfactory. Bianchi liked the title “Draft Findings of Fact” used in the Belfast sample provided by Campbell at the February 9 meeting. Myers also preferred the style and sequence used in the Belfast sample to that of the Rockland example. On motion of Campbell/Myers, the Board voted 5 – 0 to ask CEO Black to prepare draft findings before each Planning Board meeting for distribution with meeting materials, and to prepare final Findings of Fact after the meeting for approval and signature at the next meeting. It was suggested to try the new system for several months, then consider whether any changes are needed.
Reconsidering Decisions
Yerxa asked whether the Planning Board can reconsider a decision once made, and if there is a specific time period within which such reconsideration must be made. Black thought that the Board can change a preliminary decision made during review of an application, but that once the application is complete and approved, the Board is not legally able to reconsider the decision. Bianchi suggested that if new information becomes available, especially information deliberately withheld by the applicant, the Planning Board can reconsider its decision. Yerxa suggested this issue might also be clarified with MMA training.
Model Ordinances, Review Criteria
Black provided copies of Article 9 Revisions to Approved Plans and Article 11 Performance Standards, taken from an internet website, giving ideas for how to interpret ordinances and consider applications. Planning Board members found the samples helpful. Chairman Yerxa suggested that each Board member consult the websites and download the material or review it online, for discussion at a future Board meeting. It was suggested to identify areas for discussion and have Black provide hard copy of the specific areas for the meeting at which they will be discussed. After the meeting Black sent Board members the two web addresses:
a) model subdivision ordinance: http://www.smrpc.org/Subdivision/landusesubdivision.htm
b) current State review criteria which Planning Boards and Code Enforcement Officers are responsible for considering in reviewing subdivisions:
http://janus.state.me.us/legis/statutes/30-A/title30-Asec4404.html
Speeding up Discussion of Agenda Items
Black asked whether it is possible for the Board to speed up its deliberations. Recent discussions have often lasted beyond the times indicated on the agenda. Yerxa acknowledged that he is reluctant to halt discussion, and asked other Planning Board members to call the question if they feel discussion is unduly prolonged.
Bianchi said he feels the Board spends too much time on details of landscaping plans, except with regard to screening to reduce visibility. Black raised the issue of how much latitude the Board has to ask for changes in landscaping plans. Campbell said landscaping does not necessarily involve trees and bushes; it could be an earth berm. He said that buffers, landscaping and screening are interrelated issues.
Petitions
Bianchi asked how others felt about petitions presented at Planning Board meetings, such as the petition presented during consideration of the Boucher-Surrells dock application. He suggested that as a matter of operational policy it might be best if presented by a signer of the petition who was not also a Planning Board member. He further suggested that copies of the petition should be made available to Planning Board members ahead of the meeting as part of Board packets for the meeting. There was general assent.
Planning Board’s Role as Stewards of the Development Process
In a general discussion, Yerxa suggested that Planning Board members should be people with judgment and discretion, who serve as stewards of the development process. Citing the informal give-and-take that resulted in Rite-Aid building an architecturally compatible storefront in Camden, he felt it is entirely appropriate for a Planning Board to suggest to a developer a better way of handling some aspect of a proposed development that would benefit the environment and the Town. Myers agreed that such suggestions are appropriate but that applicants should understand that approval of the application is not tied to their willingness to go beyond that which is required under the Town’s ordinances.
Waiver of Ordinance Provisions
Black said he can provide the Board with more information on what ordinance provisions can be waived and which ones cannot. State laws and regulations cannot be waived.
4. Planning Board Terms expiring in 2005
Bianchi, Campbell and Simmons’s terms are up in 2005. If the warrant article to have Planning Board members elected rather than appointed fails to pass, three seats will be up for appointment or reappointment by the Select Board.
5. Land Use Ordinance Revision, Spring 2005
Black said two public informational meetings on the revised draft land use ordinance have been scheduled for March 14 and 21 at 7:00 p.m. the Town Office, followed by the regular Ordinance Committee meeting on March 28 to discuss input from the public meetings and any desired changes to the draft ordinance. The revised ordinance is scheduled to be presented to the Select Board on April 12, and will be on the warrant for vote by townspeople in June.
6. Planning Board Training Session March 23, Augusta
The training session for Planning Board members at Maine Municipal Association in Augusta is from 6 – 8:30 p.m. Black suggested car-pooling, leaving Waldoboro at 5 p.m. Yerxa will probably attend, traveling separately. Myers and Simmons will try to attend. Bianchi cannot attend.
Adjournment: The meeting was adjourned at 8:30 p.m.