Town of Bethel Maine - Planning Board Meeting Minutes 01/27/2010

Bethel Planning Board

Wednesday, January 27, 2010 Town Office

7:00 PM Regular Meeting:

Members Present: Jon Cowan, Allen Cressy, Francis Dumont, Larry Engdahl,

Members Absent: Craig Davis

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.

At 7:10 PM, Chairman Cressy called the meeting to order.

2. Opening Statement

Chairman Cressy made a brief opening statement.

3. Declaration of Quorum

Chairman Cressy noted that member Craig Davis was absent. Chairman Cressy appointed all members present as voting members and declared a quorum. One vacancy exists on the Board.

4. Approval of Minutes: Regular Meeting, January 13, 2010

Larry Engdahl made a motion to approved the minutes of the Regular Meeting on January 13, 2010 as presented, Jon Cowan seconded the motion; it was unanimously approved.

5. Communications: None

6. Determination of Applicability: None

7. Action on Applications:

A. Sign Applications:

1. Applicant: Ed Kennett, Bethel Realty, Inc.

Location: Map 8 Lot 51

Chairman Cressy invited Mr. Kennett to present his application. Mr. Kennett chose to let the application materials speak for themselves.

Chairman Cressy summarized the situation under which Mr. Kennett is applying for the sign –conducting a real estate business from a leased building that he will be residing in, thus creating a home occupation. Regarding standing, Mr. Kennett provided a month-to-month lease agreement from the owner. Being deemed a home occupation vs. a commercial space, the ordinance provides for a home occupation sign be no larger than 12 square feet. The applicant proposed a sign measuring 22.3 square feet. Circumstances did not exist to justify the Board issuing a waiver based on undue hardship. Chairman Cressy explained three courses of action the applicant and the Board could take at this point in time. The applicant chose to withdraw the application and to consider submitting a Site Plan Review application at the next board meeting. Mr. Kennett will contact the CEO to make arrangements to install a temporary sign until the location undergoes Site Plan Review for commercial use.

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

2. Applicant: Peter Marucci, Mast Cove Seaplane Base

Location: Map 12 Lot 68-003

Peter Marucci presented his application for signs measuring 3’ x 4’ and 2.5’ x 3’ at the Bethel Airport.

After hearing the proposal, the Board discussed the ordinance standards by which to assess the signs. Generally sign sizes are geared to speed limits and visibility to roads. Both of these criteria do not apply to this application. Visibility of signs needs to be for potential customers flying in or approaching from the apron side.

The applicant opted to amend the sign application for a 4’ x 8’ sign on the end of the building and a 3’ x 3’ sign by the entrance door. The Board and applicant mutually agreed upon the dimensions.

Jon Cowan made a motion to amend the sign dimensions in the application to one sign measuring 4’ x 8’ on the end of the building and one sign measuring 3’ x 3’ by the hangar entrance door, Ginger Kelly seconded the motion; it was unanimously approved.

Larry Engdahl made a motion to approve the sign application for Mast Cove Seaplane Base as amended, Ginger Kelly seconded the motion; it was unanimously approved.

B. Old Business:

1. Subdivision Application

Project Name: Farwell Mountain Estates Subdivision

Applicant: Farwell Mountain Estates, Inc.

Authorized Agent: Rick Dunton, Main-Land Development Consultants

Location: Map 22 Lot 29

Chairman Cressy acknowledged the presence of Bob Laux and Cynthia Moran-Laux who had joined the meeting. Mr. Laux asked Chairman Cressy if his business item could be moved up on the Agenda. Rick Dunton and Bob Berry were amenable to the idea.

Larry Engdahl made a motion to amend the Agenda to move the New Business item, Hastings Executive Suites, ahead of the Farwell Mountain Estates Subdivision, Jon Cowan seconded the motion; it was unanimously approved.

C. New Business:

1. Extension of Initial Site Plan Review Approval

Project: Hastings Executive Suites

Applicant: Robert Laux, Hastings Suites, LLC

Location: Map 25 Lot 40

Chairman Cressy introduced the request for a one-year extension of the initial Site Plan Review approval.

Mr. Laux summarized the status of the project including the historical use of the building and the modification of the building for the potential of condo conversion. In order to maintain flexibility for the possibility of sales, they have suspended applying for and finalizing the condominium documents until there is an upturn in the real estate market.

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

Larry Engdahl made a motion to extend the initial Site Plan Review approval for Hastings Executive Suites, Condominiums by one year (until February 27, 2011), Ginger Kelly seconded the motion; it was unanimously approved.

The Board determined that no significant changes to the site and/or surrounding environment have occurred since the original approval was granted.

Jon Cowan made a motion to approve the Findings of Fact and Decision as presented, Larry Engdahl seconded the motion; it was unanimously approved.

The Board returned to original order of items on the Agenda.

B. Old Business:

1. Subdivision Application

Project Name: Farwell Mountain Estates Subdivision

Applicant: Farwell Mountain Estates, Inc.

Authorized Agent: Rick Dunton, Main-Land Development Consultants

Location: Map 22 Lot 29

Chairman Cressy summarized the status of the project. At the December 16, 2009 meeting the applicant was granted standing and the application was determined to be complete; an “unofficial” Site Walk (lacked a quorum) was held on January 7, 2010; and a Public Hearing held prior to the start of this meeting. The major issues identified for this project thus far are storm water management, vernal pools, the By-laws, Swan Hill Road, and a DEP review. There was a request made during the Public Hearing to consider the condition of Holt Hill Road as it accesses the subdivision.

Chairman Cressy invited Rick Dunton to offer any additional comments.

Rick Dunton, Main-Land Development, mentioned the new materials in the packet which included a wetlands report with evidence of a vernal pool screening, the HOA By-laws, and the Road Commissioner’s letter.

Chairman Cressy asked for any public input for or against the project.

Don Murphy, an abutter, reiterated his storm water management concerns from the Public Hearing. Mr. Murphy will share his concerns in writing with Mr. Dunton and the Board prior to the storm water management presentation to the Board.

There was no other public input.

Board deliberation covered the packet contents, a summary of the public hearing, consideration of the draft Findings of Fact and Decision, and the Final Plan Completeness Checklist.

Regarding the responsibility for the subdivision’s roads and storm water devices, Mr. Dunton explained that the applicant chose not to use the standard by-laws activation of the formation of the HOA but to include it in the Declaration of Covenants, Conditions and Restrictions. The Farwell Mountain Estates, Inc. Phase II HOA is formed whenever the applicant (Farwell Mountain Estates, Inc.) decides to do so. Until such time the applicant is responsible for the subdivision’s roads and storm water devices.

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

Mr. Dunton will provide the Board with a revised copy of the Declaration which has an attached appendix, Exhibit A the Storm Water Maintenance Plan, which should indicate road responsibility as well.

The owners of Lots 20, 21, and 22 on First Street are not required to join the Phase I or II HOA’s. The applicant is suggesting that they do join Phase I HOA in the interest of fairness to the lot owners in Phase 1 who are currently responsible for maintaining First St. Lot 19 does not have to join any HOA as it has driveway access onto the Holt Hill Road.

Town Manager Jim Doar joined the meeting and commented on his Road Commissioner’s letter dated 1.22.10. Mr. Doar explained that the Town and the applicant are in the process of reaching an agreement about the improvement of the public, unpaved portion of Swan Hill Road. The agreement will call for the applicant to be responsible for the costs, but the Town may do the recommended work.

During the Public Hearing, Mr. Blood raised a concern about impact to Holt Hill Road. Holt Hill Road is currently maintained by the Swan Hill at Intervale HOA. The three parties that own rights to Holt Hill Road are the Swan Hill at Intervale HOA, Chadbourne Tree Farms, and Farwell Mountain Estates, Inc. Each has a deed that calls for the maintenance to be shared by all three parties and for the costs to be assessed based on use. They are currently discussing the terms of an agreement describing the future maintenance of the road. Lot 19 will not have to share in those costs.

Site Walk discussion was brief. The site is pretty benign with nice vistas and no discernable concerns.

The Board proceeded to review the Worksheet for Findings of Fact and Decision on Application and Preliminary Plan. Items that warrant further information are the evidence of financial capacity (loan was based on “soft” real estate development costs), a revised estimate of construction items and costs, and E911 addressing.

Mr. Dunton will submit new evidence of financial capacity from the bank showing its intent to loan the applicant money based on the value of the land; revised infrastructure costs reflecting the applicant’s access to their own materials, equipment, and labor; the Holt Hill Road responsibility agreement; and E911 addressing for the Final Plan.

Until such time as Mr. Dunton provides the outstanding items, they will appear as COAs on the Findings of Fact and Decision on Application and Preliminary Plan for Subdivision.

Larry Engdahl made a motion to approve the Findings of Fact and Decision on Application and Preliminary Plan for Subdivision with three COAs as amended, Francis Dumont seconded the motion; it was unanimously approved.

Francis Dumont made a motion to approve the Application and Preliminary Plan for Subdivision as presented, Ginger Kelly seconded the motion; it was unanimously approved.

The Board reviewed the Final Subdivision Application Completeness Checklist and found several items that were deficient. Mr. Dunton will address them before the next meeting.

Francis Dumont made a motion to table the application until the next meeting, Larry Engdahl seconded the motion; it was unanimously approved.

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

2. 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

Francis Dumont stepped down from the Board.

Chairman Cressy summarized the project to date. On December 16, 2009, the applicant was granted standing, and the application was found to be complete; an “unofficial” Site Walk was held on January 14, 2010; and a Public Hearing was held prior to tonight’s regular meeting. Major issues identified so far are storm water management, the location of a fire cistern, Mr. Garvey’s easements, and road design.

Bob Barry, Main-Land Development, made some brief comments which included an overview of recent submissions (vernal pool screening letter, revised plan with areas of 20% slope, E911 numbering). Mr. Berry entertained questions from the Board.

Mr. Berry will provide cross-sections profiles for the construction of Benjamin Way.

Chairman Cressy asked for public comments. There was no public input.

The Board began their deliberation reviewing board packet materials, discussing results of the Site Walk and the Public Hearing, and considering for approval the Worksheet of Findings of Fact and Decision on Application and Preliminary Plan for Subdivision and the Final Subdivision Application Completeness Checklist.

Mr. Barry shall provide a sheet showing 20% slope areas for signing. Whether the sheet should be recorded or not will be decided later. As per conversations between the applicant, Richard DiPlacido, and the Bethel Fire Chief, the cistern location will be laid out on Richard DiPlacido’s own land on the Taylor Smith Road, details to follow. Mr. Barry will submit a cistern design for the Board and the Fire Chief’s review.

The Board discussed the points of the Site Walk particularly the parcel’s steepness with regards to road design and hillside lots, and comments from the Public Hearing.

Moving on to the Worksheet of Findings of Fact and Decision on Application and Preliminary Plan for Subdivision, the Board talked about revisions to the HOA document. With the exception of that administrative item, the Board found the document to be satisfactory.

Larry Engdahl made a motion to approve the Findings of Fact and Decision on Application and Preliminary Plan for Subdivision as presented, Ginger Kelly seconded the motion; it was unanimously approved.

Larry Engdahl made a motion to approve the Application and Preliminary Plan for Subdivision as presented, Ginger Kelly seconded the motion; it was unanimously approved.

In regards to the Final Subdivision Application Completeness Checklist, there were a few items outstanding. The Board had a lengthy discussion about the requirement for an applicant’s to provide a “statement” and “evidence” of financial capacity at different stages of review. This

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

point has surfaced during other application reviews and may warrant Ordinance Review Committee consideration.

Jon Cowan made a motion to require the applicant to submit updated evidence of financial capacity, Ginger Kelly seconded the motion; it was unanimously approved.

Larry Engdahl made a motion to table the application until the next meeting, Ginger Kelly seconded the motion; it was unanimously approved.

Francis Dumont rejoined the Board.

3. 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

Chairman Cressy introduced the project and summarized its status. On December 16, 2009, the applicant was granted standing and the application was found complete; an “unofficial” Site Walk was held on January 21, 2010; and a Public Hearing is scheduled for February 10, 2010. Due to anticipated absences, the Public Hearing on February 10, 2010 may lack a quorum. Major issues identified to date are the MDOT entrance permits, storm water management, and road design.

Bob Berry, Main-Land Development, stated that new materials for the project are the vernal pool screening letter and a revised plan with E911 addressing and areas of 20% slope shown.

The Board focused their discussion on the new materials, commented on the Site Walk, and considered the Worksheet of Findings of Fact and Decision on Application for Subdivisions and Final Subdivision Application Completeness Checklist.

Chairman Cressy asked for public comments for or against the project. There were none.

The Board considered the Worksheet of Findings of Fact and Decision on Application and Preliminary Plan for Subdivision and the outstanding items.

Mr. Barry will note base elevations on any lots within Zone A flood hazard areas on the plan.

Francis Dumont made a motion to approve the f Findings of Fact and Decision on Application and Preliminary Plan for Subdivision as presented, Larry Engdahl seconded the motion; it was unanimously approved.

Larry Engdahl made a motion to approve the Application and Preliminary Plan for Subdivision as presented, Jon Cowan seconded the motion; it was unanimously approved.

The Board considered the Final Subdivision Application Completeness Checklist. The subject of a shared fire cistern between the Otter Brook and Nordy Hill subdivision was raised.

Mr. Berry will clarify the particulars of whose responsibility the cistern falls under and whether or not payment of an Otter Brook fee is outstanding.

Bethel Planning Board Meeting Minutes 1.27.10 (cont.)

Jon Cowan made a motion to require new evidence of the applicant’s financial capacity, Ginger Kelly seconded the motion, Ginger Kelly, Allen Cressy, Larry Engdahl, and Jon Cowan voted in favor of the motion, Francis Dumont voted against the motion; the motion carried.

Francis Dumont made a motion to table the application until the next meeting, Larry Engdahl seconded the motion; it was unanimously approved.

8. Non-Application Items:

A. Other Business: -

Chairman Cressy polled the board members as to their plans for the next few months with regards to attendance at meetings to establish that there will be a quorum.

B. Announcements: Upcoming meetings: Regular Meetings, February 10, 2010

Public Hearings - Feb. 10, 2010 – Nordy Hill 6:45 PM

9:34 PM – Francis Dumont made a motion to adjourn the meeting, Jon Cowan seconded the motion; it was unanimously approved.

Respectfully submitted,