Town of Bethel Maine - Planning Board Meeting Minutes 01/08/2010

Bethel Planning Board

RESCHEDULED FROM 12.09.09

Wednesday, December 16, 2009 Town Office

7:00 PM Regular Meeting:

At 7:00 PM Chairman Cressy called the meeting to order.

Members Present: Reggie Brown, Jon Cowan, Allen Cressy, Ginger Kelly,

Members Absent: Craig Davis, Larry Engdahl

Staff Present: Vicki Rackliffe, Planning Assistant

Others Present: See sign-in sheet

Full content of the meeting is available in Windows Media Audio file format.

2. Opening Statement

Chairman Cressy made a brief opening statement.

3. Declaration of Quorum

Chairman Cressy noted that members Craig Davis and Larry Engdahl were absent. Chairman Cressy appointed all members present as voting members and declared a quorum. Reggie Brown’s term has expired and is leaving the Board. Chairman Cressy thanked him for his many years of service.

4. Approval of Minutes: Regular Meeting, November 11, 2009

Jon Cowan made a motion to approve the minutes of the Regular Meeting on November 11, 2009 as presented, Allen Cressy seconded the motion; Allen Cressy, and Jon Cowan voted in favor of the motion, Reggie Brown, Francis Dumont, and Ginger Kelly abstained; the motion carried.

5. Communications: None

6. Determination of Applicability: None

7. Action on Applications:

A. Sign Applications: None

1. Applicant: Gregory C. Webb, Bethel Airport Hangars

Location: Map 12 Lot 68-003

Mr. Webb was not in attendance but had authorized the Planning Assistant (via email) to represent him. The Planning Assistant presented the application for two existing wall signs advertising the leasing of Mr. Webb’s Bethel Airport T-hangars. Planning Board approval would bring them into compliance with current Sign Ordinance standards.

A Lease Agreement between Mr. Webb and the Town of Bethel for the use of the land is on file.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

Francis Dumont made a motion to introduce the Lease Agreement between Mr. Webb and the Town of Bethel into the record, Jon Cowan seconded the motion; it was unanimously approved.

Based upon the Lease Agreement:

Jon Cowan made a motion to grant the applicant standing, Reggie Brown seconded the motion; it was unanimously approved.

The sign locations are on opposing ends of the hangar, with one facing the North Road and the other facing the run-way. Board deliberation determined that the dimensions of the two wall mounted signs were well within the performance standards cited in Chapter 136-9 paragraph E.

Reggie Brown made a motion to approve the sign application as presented, Francis Dumont seconded the motion; it was unanimously approved.

2. Applicant: John Wheeler, C.N. Brown Company

Location: Map 7 Lot 34

John Wheeler presented the proposed sign application on behalf of the C.N. Brown Company noting that there have been changes made to the original application. The original application was requesting an internally lit, canopy sign that exceeded allowable dimensions. Mr. Wheeler proceeded to describe the revisions and plans to remove the existing, internally-lit Mobil canopy sign. The Mobil sign is currently covered by signs advertising that the building is for lease. Alternate “for lease” signs will be used after the sign is removed.

Jon Cowan made the motion to introduce the revised application into the record, Reggie Brown seconded the motion; it was unanimously approved.

The application proposes removing the existing double-sided, internally lit Mobil canopy sign. The new C.N. Brown Company signs will be two, single fascia-mounted signs each measuring 2’6’’ x 9’0” (not to exceed 32 sq. ft.). Both signs will be mounted on opposite sides of the canopy fascia, one facing east and one facing west. The signs will be externally lit with downcast, shielded light fixtures.

Jon Cowan made a motion to approve the revised sign application, Ginger Kelly seconded the motion; it was unanimously approved.

B. Old Business: None

1. Extension of Initial Subdivision Approval

Project Name: Olde Mt. Will Farm Estates

Applicant: Edmond & Paula Turgeon and Ronald Gonthier

Location: Map 22, Lot 19

Mr. Turgeon presented a request for an extension until December 16, 2010 of the initial Olde Mt. Will Farm Estates Subdivision approval. He also summarized the status of the project to date.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

Chairman Cressy noted that another item for Board consideration is a revised, draft Declaration of Restrictive Covenants and By-laws which establishes responsibility of road and storm water management devices until the formation of the Home Owners Association. The applicant’s attorney has provided those draft documents.

Chairman Cressy addressed applicability and the need for the extension. The two year anniversary of the project’s approval has been reached, but the 80% completion of the infrastructure has not been achieved. Mr. Turgeon is requesting a one-year extension as provided by the ordinance. It is up to the Board to decide whether it is in the best interest of the project to extend the project by a year. The project has been amended to a phased approach. The Board would be granting a one-year extension to complete the project but the phasing would continue as outlined.

In terms of standing, there is a deed on file.

Reggie Brown made a motion to grant the applicant standing, Jon Cowan seconded the motion; it was unanimously approved.

Chairman Cressy asked for public input for or against the project. There was none.

Chairman Cressy moved into Board deliberation by itemizing and beginning a review of the packet materials for the project.

Regarding the restrictive covenants and by-laws, the Homeowners Association will be formed upon the sale of the sixth lot. However, as lots become sold the costs, percentage wise, will be shared proportionately amongst lot owners. The model is for a shared-cost responsibility before and after the HOA’s formation.

The inspection report completed by Joe Aloisio indicates that he has inspected the portion of the Phase I subdivision road completed and that he approves of finishing road with the top 2’ of aggregate at a later date after the heavy duty construction is done. A copy of Mr. Aloisio’s report should be given to the CEO who would then be able to issue building permits, as the infrastructure has essentially been completed for Phase I.

The Board proceeded to review the draft Findings of Fact and Decision for the extension. Granting the extension does not impact any of the performance standards. The FOF was amended to reflect a one-year extension of the project until December 16, 2010. If the project is not completed by that time, the applicant will return for another one-year extension.

Francis Dumont made a motion to approve the Findings of Fact and Decision as amended, Reggie Brown seconded the motion; it was unanimously approved.

Mr. Turgeon indicated that utilities will be underground and installed in the spring. The original Conditions of Approval for the subdivision include the provision that “no lot may be sold and no building permit will be issued for any building on any portion of the development until the completion of all streets, utilities, and any other improvements.”

Reggie Brown made a motion to reconsider the Findings of Fact and Decision, Francis Dumont seconded the motion; it was unanimously approved.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

The Board addressed this issue by adding a Condition of Approval to the Findings of Fact and Decision for the one-year extension which would allow the sale of lots during the winter but not allow building permits to be issued until after the electrical power has been installed in the spring. The additional Condition of Approval to the Findings of Fact and Decision stipulates that “no building permit shall be issued for Phase I until such time as all electrical power has been installed”.

Reggie made a motion to approve the Findings of Fact and Decision as amended to include the new Condition of Approval, Jon Cowan seconded the motion; it was unanimously approved.

Francis Dumont made a motion to amend the Subdivision Plan for a one-year extension of the approval until the date of December 16, 2010, Reggie Brown seconded the motion; it was unanimously approved.

The Planning Assistant will work with Mr. Turgeon to define the amended Final Subdivision Plan for the one-year extension for the Board to sign at the next meeting.

2. Site Plan Review Application

Project: The Hut - Skating Rink Concession Trailer

Applicant: Todd Conant

Location: Map 25 Lot 244

Chairman Cressy asked Mr. Conant to present his application.

Mr. Conant gave a brief overview of his plans for converting a trailer into a concession hut that will be placed by the Chamber of Commerce’s Winterfest ice skating rink this winter. A variety of food items, skating, and hockey supplies will be for sale. The Hut will also store ice skates that are available for use by the community free of charge. Mr. Conant answered questions from the Board regarding the particulars of the project.

Chairman Cressy discussed Site Plan Review applicability as it applies to this new, temporary commercial structure.

In terms of standing, Mr. Conant received written approval from property owner Ron Goglia as well as a letter of support from the Chamber of Commerce who is sponsoring Winterfest. The project is under the auspices of the Chamber.

Reggie Brown made a motion to grant the applicant standing, Jon Cowan seconded the motion; it was unanimously approved.

The Planning Assistant was asked to verify the completeness of the application. Photos of the exterior/front elevation of the trailer were not included in board packets, but were brought to the meeting.

Reggie Brown made a motion to introduce the photos of the exterior of “The Hut” into the record, Jon Cowan seconded the motion; it was unanimously approved.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

Due to the minimal size of the project, financial capacity was not a consideration.

Jon Cowan made a motion to waive the requirement for a statement of financial capacity, Reggie Brown seconded the motion; it was unanimously approved.

With the resolution of those two items, the application was found to be complete.

Chairman Cressy asked for public input for or against the project. There was none.

Chairman Cressy moved into Board deliberation. Discussion included: installation of skirting, trash removal plans, availability of potable water, gray water disposal, heat sources, the Fire Chief’s recommendation, and the time period of operation and for removal from the site.

The Board reviewed the draft Findings of Fact and Decision. The topics of ADA compliance and specific dates for removal of the structure from the site were discussed and resolved.

Reggie Brown made a motion to approve the draft Findings of Fact and Decision as amended, Francis Dumont seconded the motion; it was unanimously approved.

Jon Cowan made a motion to approve “The Hut” application as presented, Reggie Brown seconded the motion; it was unanimously approved.

The Board proceeded to sign a Final Site Plan for the project with the amended Conditions of Approval.

3. Extension of Site Plan Review Approval

Project Name: Locke-Summit Estates

Applicant: Locke-Summit Estates, LLC

Location: Bethel Tax Map 21, Lot 3 and other land in Newry

Chairman Cressy introduced this agenda item.

Bill Dunton, Locke-Summit Estates, LLC, was present to request an extension of approval for the temporary sales office. Approval had originally been granted for a period of eighteen months. Mr. Dunton also gave an update on the status of the road construction and lot sales. Road construction progress would allow them to gain access to ten lots.

Chairman Cressy initiated discussion by referencing Site Plan Review Amendment applicability and the applicant’s standing. The time period for the temporary sales office as stated in the original Site Plan Review Conditions of Approval has expired.

Regarding standing, a deed is on file with the Town.

Reggie Brown made a motion to grant the applicant standing, Jon Cowan seconded the motion; it was unanimously approved.

Chairman Cressy asked for public input. There was none.

The Board reviewed the draft Findings of Fact and Decision. No significant changes to the site and/or surrounding environment have occurred since the original approval was granted. A one-year extension would expire on December 16, 2010.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

Francis Dumont made a motion to approve the draft Findings of Fact and Decision as amended, Reggie Brown seconded the motion; it was unanimously approved.

Francis Dumont made a motion to grant a one-year extension of approval for the temporary sales office trailer for the Locke-Summit Estates Subdivision, Jon Cowan seconded the motion; it was unanimously approved.

Chairman Cressy reminded Mr. Dunton that the original approval of the subdivision itself would expire soon. A request for an extension of approval would be required for the subdivision as well.

The Planning Assistant was asked to attach a copy of the final plan for the sales office to the approved Findings of Fact and Decision.

4. Subdivision Application

Project Name: Farwell Mountain Estates Subdivision - Phase II

Applicant: Farwell Mountain Estates, Inc.

Authorized Agent: Rick Dunton, Main-Land Development Consultants

Location: Map 22 Lot 29

Chairman Cressy asked the applicant’s agent to give an overview of the project.

Rick Dunton, Main-Land Development Consultants, proceeded to do so for the 22-lot subdivision. Mr. Dunton entertained questions from the Board.

Chairman Cressy noted that the project falls under subdivision review by the Planning Board as well as the DEP’s purview under the Site Location Act.

Regarding standing, the applicant provided a Quit Claim Deed with Covenants, a letter of authorization designating Main-Land Development Consultants as their representative, and good standing recognition from the Secretary of State.

Francis Dumont made a motion to grant the applicant standing, Reggie Brown seconded the motion; it was unanimously approved.

In terms of completeness, the checklist items were in order.

Jon Cowan made a motion to find the application complete, Francis Dumont seconded the motion; it was unanimously approved.

Chairman Cressy proposed scheduling a site walk and public hearing for the project.

Francis Dumont made a motion to conduct a Site Walk on Thursday, January 7, 2010 at 3:00 PM, Jon Cowan seconded the motion; it was unanimously approved. Meet at the intersection of Holt Hill Road and Second St.

Jon Cowan made motion to hold a Public Hearing on January 27^th at 6:45 PM, Francis Dumont seconded the motion; it was unanimously approved.

The Planning Assistant will send out notices to that effect.

Jon Cowan made a motion to table the application until January 13, 2010, Francis Dumont seconded the motion; it was unanimously approved.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

5. Subdivision Application

Project Name: Mountain Valley Subdivision – Phase II

Applicant: Dumont Enterprises, LLC

Authorized Agent: Bob Berry, Main-Land Development Consultants

Location: Map 9 Lot 6-1-1

Chairman Cressy introduced the agenda item. Francis Dumont stepped down from the Board due to a conflict of interest. There was still a quorum.

Bob Berry, Main-Land Development, presented the application and a summary of the project which is an expansion of the original Mountain Valley Subdivision. Francis Dumont is also an authorized representative. Phase II is 13, possibly 14-lot subdivision, if Lot 26 can be split. This is a DEP Storm Water Management Law project that will be submitted for approval on December 18^th and has a 90-day review period. DEP review was triggered because there is over an acre (1.8 acres) but less than 3 acres of impervious area for up to 14 lots. Lot owners in Phase II are required to join the Phase I Mountain Valley Subdivision Homeowners Association which is responsible for storm water management devices and the roads. Lot 27 will have to join the Taylor Smith Road Association.

Chairman Cressy stated that the project as described falls under Subdivision purview by the Planning Board as well as the DEP’s purview for storm water management.

Regarding standing, a Warranty Deed, summary of two other conveyances going back to March 6, 2004, Secretary of State recognition, and a letter authorizing Main-Land Development Consultants and/or Francis Dumont to represent the project, provide sufficient evidence to grant standing.

Jon Cowan made a motion to grant the applicant standing, Reggie Brown seconded the motion; it was unanimously approved.

All items on the Completeness Checklist had been submitted.

Reggie Brown made a motion to find the application complete, Jon Cowan seconded the motion; it was unanimously approved.

Chairman Cressy asked for public input for or against the project. Abutter, Roberta Taylor, made comments regarding a ROW across her lot that was pertinent to Phase I. There were no other remarks from the public.

The Board discussed a site walk and public hearing for the project.

Ginger Kelly made a motion to conduct a Site Walk on Thursday, January 14, 2010 at 3:00 PM, Jon Cowan seconded the motion; it was unanimously approved.

Jon Cowan made a motion to schedule a Public Hearing on Wednesday, January 27, 2010 at 6:30 PM, Reggie Brown seconded the motion; it was unanimously approved.

Reggie Brown make a motion to table the application until January 13, 2010, Jon Cowan seconded the motion; it was unanimously approved.

Francis Dumont rejoined the Board.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

Reggie Brown made a motion to consider New Business after 9:00 PM, Jon Cowan seconded the motion; Reggie Brown, Allen Cressy, Jon Cowan, Francis Dumont voted in favor of the motion, Ginger Kelly opposed the motion; the motion carried.

6. Subdivision Application

Project Name: Nordy Hill Subdivision

Applicant: East Bethel Road, LLC

Authorized Agent: Bob Berry, Main-Land Development Consultants

Location: Map 9 Lot 34

Bob Berry, Main-Land Development Consultants, presented the application. Nordy Hill Subdivision is 14-lot development with 47 acres being retained by the applicant for a future phase five years from now.

The Board expressed concerns about the increased number of driveway entrances onto the East Bethel Road and increased runoff.

Chairman Cressy noted that the project as described is subject to Subdivision ordinance review by the Planning Board as well as DEP Permit by Rule approval.

An authorization letter was missing from the application and not in the packets.

Francis Dumont made a motion to introduce a letter authorizing Main-Land Development Consultants to represent East Bethel Road LLC, Jon Cowan seconded the motion; it was unanimously approved.

The applicant has submitted a Warranty Deed, recognition by the Secretary of State, and now, a letter of authorization for representation.

Jon Cowan made the motion to grant standing, Reggie Brown seconded the motion; it was unanimously approved.

The Planning Assistant verified that all items on the Completeness Checklist had been submitted.

Francis Dumont made a motion to find the application complete, Jon Cowan seconded the motion; it was unanimously approved.

The Board wished to schedule a Site Walk and a Public Hearing for the project.

Francis Dumont made a motion to conduct a Site Walk on Thursday, January 21, 2010 at 3:00 PM, Jon Cowan seconded the motion; it was unanimously approved.

Jon Cowan made a motion to schedule a Public Hearing on Wednesday, February 10, 2010 at 6:45 PM, Ginger Kelly seconded the motion; it was unanimously approved.

Jon Cowan made a motion to table the application until Wednesday, February 10, 2010, Ginger Kelly seconded the motion; it was unanimously approved.

8. Non-Application Items:

Chairman Cressy gave an update on responses to the sign. The CEO has contacted Telstar Regional High School regarding the differences between the sign and the conditions under which the application was approved.

Bethel Planning Board Minutes Meeting 12.16.09 (cont.)

2. Draft letter to Selectmen regarding wind turbines

Chairman Cressy asked the Board to consider the letter to the Selectboard that he had drafted. Currently there are no ordinances in place regarding wind turbines. The letter was two-fold; one part requested the Selectboard to establish an ad hoc committee to draft ordinance language and the second part requested presenting the concept of a 180-day moratorium on wind turbines at a special Town meeting.

Jon Cowan made a motion to submit the letter regarding wind turbines to the Selectboard as presented, Ginger Kelly seconded the motion; Reggie Brown, Ginger Kelly, Allen Cressy, Jon Cowan voted in favor of the motion, Francis Dumont opposed the motion; the motion carried.

B. Announcements: Upcoming meetings: Regular Meetings, January 13 & 27, 2009

9:45 PM – Francis Dumont made a motion to adjourn, Ginger Kelly seconded the motion; it was unanimously approved.

Respectfully submitted,