Minutes
Bethel Planning Board
Drafted 5.07.10
Wednesday, April 28, 2010 Town Office
7:00 PM Regular Meeting:
Members Present: Allen Cressy, Jon Cowan, Craig Davis, Francis Dumont, Larry Engdahl, Andrew Glasfeld
Members Absent: Ginger Kelly
Staff Present: Vicki Rackliffe, Planning Assistant
Others Present: See sign-in sheet
Full content of the meeting is available in Windows Format Audio file format
1. Call to Order
At 7:00 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 Ginger Kelly was absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, April 14, 2010
Larry Engdahl made the motion to approve the minutes of April 14, 2010, Francis Dumont seconded the motion; it was unanimously approved. Craig Davis abstained from voting because he did not attend the meeting.
5. Communications: None
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications: None
B. Old Business:
1. Subdivision Application
Project Name: Mountain Valley Subdivision – Phase II
Applicant: Dumont Enterprises, LLC
Authorized Agent: Rick Dunton, Main-Land Development Consultants
Location: Map 9 Lot 6-1-1
Francis Dumont stepped down from the Board.
At the meeting on April 14, 2010 the Board approved the Findings of Fact and Decision and the Final Subdivision Plan. Chairman Cressy asked the Board to reconsider the vote in order to amend Condition of Approval #6 of the Findings of Fact and Decision.
Bethel Planning Board Meeting Minutes 4.28.10 (cont.)
Larry Engdahl made a motion to reconsider the approval of the Findings of Fact and Decision which included the Conditions of Approval for Mountain Valley Subdivision, Phase II granted on April 14, 2010 in order to amend a Condition of Approval, Craig Davis seconded the motion; it was unanimously approved.
To be consistent with previously subdivisions regarding responsibility of cistern maintenance, Chairman Cressy proposed adding “The applicant shall bear responsibility of maintenance of the cistern until such time as the Town of Bethel assumes responsibility” to Condition of Approval #6.
Larry Engdahl made a motion to approve the amendment to Condition of Approval #6, Andrew Glasfeld seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Findings of Fact and Decision as amended, Jon Cowan seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to reconsider the vote on the approval of the Final Subdivision Plan, Andrew Glasfeld seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the amendment to the Final Subdivision Plan referring to Condition of Approval #6, Andrew Glasfeld seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Final Subdivision Plan as amended, Andrew Glasfeld seconded the motion; it was unanimously approved.
The Planning Assistant inspected the mylar to verify that it reflected the amended Condition of Approval. The Board proceeded to sign the mylar.
Francis Dumont rejoined the Board.
1. Site Plan Review Amendment
Project: Bethel Early Learning Center
Applicant: Jefrae Alford
Location: Map 25 Lot 238-2
Chairman Cressy summarized the status of the application which was tabled at the last meeting pending receipt of additional application materials.
Jefrae Alford was in attendance to represent the application.
Chairman Cressy explained that since the last meeting the Town Manager had asked the Code Enforcement Officer to issue a “stop work order” in light of the fact that a building permit had not been issued and further indicated that a permit would not be issued until Planning Board approval was obtained. The Code Enforcement Officer will conduct his inspection once the building permit is issued as well.
Chairman Cressy asked for public comment on the project. There was none.
The Board reviewed the packet contents, considered for approval the revised Findings of Fact, and the Site Plan Amendment application.
Bethel Planning Board Meeting Minutes 4.28.10 (cont.)
A letter from P.H. Riendeau Enterprises, LLC dated 4.16.10 gave the applicant permission to modify and occupy the building commencing on 3.20.10.
Larry Engdahl made a motion to grant standing to Jefrae Alford and the Bethel Early Learning Center on this application to commence on 3.20.10, Jon Cowan seconded the motion; it was unanimously approved.
A contract between the owner and Sprinkler Systems Inspection Corporation dated 4.16.10 provides for the quarterly inspection of the system and the flushing of the system every five years. The State Fire Marshal’s inspection report dated 4.22.10 indicated satisfactory results. The Bethel Fire Department’s inspection is on hold until after the “stop work order” is lifted.
Regarding the approval from the Department of Health and Human Services,
Larry Engdahl made a motion to introduce Joan Perry’s inspection letter dated 4.28.10 into the record, Francis Dumont seconded the motion; it was unanimously approved.
Ms Perry’s letter indicted that the applicant has substantially complied with the State of Maine’s child care licensing rules and laws.
The Board considered the draft Findings of Fact and Decision and amended it as needed. Larry Engdahl made a motion to approve the Findings of Fact and Decision as amended, Craig Davis seconded the motion; it was unanimously approved.
Jon Cowan made a motion to approve the Site Plan Amendment application as submitted by Jefrae Alford, Francis Dumont seconded the motion; it was unanimously approved.
A Final Site Plan will be prepared for Board signatures and will appear under Communications on the agenda of the next meeting.
C. New Business:
1. Extension of Subdivision Approval
Project Name: Locke Summit Estates
Applicant: Locke Summit Estates, LLC
Agent: Main-Land Development Consultants
Location: Bethel Tax Map 21, Lots 2 & 3 and other land in Newry
Chairman Cressy gave a summary of the project which was approved two plus years ago on 2.27.08. Steve Roberge, the engineer assigned to the project, has submitted correspondence indicating that less than 20% of the Phase I infrastructure has been completed. The applicant is requesting an extension of approval. The Board has to consider whether to grant up to a one-year extension. Standing has been established with deeds that are on file.
Developer, Bill Dunton and Rick Dunton, Main-Land Development Consultants, were in attendance as well as Brooks Morton, Chair of the Newry Planning Board. Mr. Morton noted that Newry has a 3-year window for extensions of the Newry Planning Board’s approvals.
Chairman Cressy asked for public input for or against the project. There was none. However, in a separate action, Dexter Akers, an abutter, has issued a complaint to the CEO regarding flooding on his property which he believes may be attributed to the project. Photos have been included in the packets.
Bethel Planning Board Meeting Minutes 4.28.10 (cont.)
Rick Dunton, Main-Land Development, did not make any opening remarks except to offer to answer questions at the pleasure of the Board.
The Board began their deliberation which entailed learning the status of and applicant’s intentions for completing Phase I and developing a plan of action through the end of August, 2010. The Letter of Credit on file is due to expire in October 2010. August would allow the Town and applicant time to regroup before that expiration date.
Rick Dunton spoke to the status of the project and the expectations for the project over the next few months. He concurred that progress is at about 20% completion. Part of the financing for construction of the road is tied to commitments to lot sales. The applicant has put construction on hold to wait for the economic drive to pick back up.
In response to the flooding complaint, Main-Land Development Consultants submitted a letter dated 4.16.10 which maintains that the flooding this spring is consistent with historical flooding. The letter indicates their willingness to address the issue by completing their Storm Water Management Plan for a retention pond in that area. The Board agreed that the situation will remain with or without the pond. A possible drainage solution was discussed but this matter should remain between the applicant and Mr. Akers and the CEO. All DEP permits and the Storm Water Management Plan must be adhered to. Any variations from the Storm Water Management Plan would require the applicant to come back to the Board.
Plans this summer include cleaning the entrance area, digging the ponding area lower, and bring up the entrance closer to grade. The site is stable from an erosion standpoint. No further stretches of road will be opened.
The Board asked the applicant to attend the 8.25.10 meeting with an update and to provide a renewed Letter of Credit if the applicant’s intent is to move forward with the project. Any change to the amount of the Letter of Credit would have to have Selectboard approval.
The Board proposed a partial extension of the Locke-Summit Estates Subdivision’s approval
Francis Dumont made a motion to extend Planning Board approval until 8.25.10 and to request that the applicant supplies a renewed Letter of Credit in the original amount, Jon Cowan seconded the motion; it was unanimously approved.
Larry Engdahl made a motion accepting the proposal offered by Main-Land Development Consultants’ letter dated 4.16.10 regarding the installation of the retention pond during the dry season, Craig Davis seconded the motion; it was unanimously approved.
Francis Dumont made a motion to table the application until the next meeting, Larry Engdahl seconded the motion; it was unanimously approved.
Chairman Cressy and the Planning Assistant will draft a Findings of Fact and Decision for the extension of the approval.
2. Site Plan Review
Project: Collins’ Counseling Office
Applicant: Richard & Juliana Collins
Location: Map 25 Lot 120
Chairman Cressy introduced the project which represents a change of use from residential to mixed use (i.e., residential and commercial) structure and invokes Site Plan Review applicability.
Bethel Planning Board Meeting Minutes 4.28.10 (cont.)
Standing is demonstrated by a Joint Tenancy Deed of Sale and authorization/permission from the other joint tenant.
Jon Cowan made a motion to grant the applicant standing, Larry Engdahl seconded the motion; it was unanimously approved.
The Planning Assistant verified that the Application Completeness Checklist was complete with the exception of the applicant’s request to waive the land survey and financial capacity requirement due to the scope of the project.
Larry Engdahl made a motion to waive the requirement to provide a land survey and financial capacity evidence due to the scope of the project, Francis Dumont seconded the motion; it was unanimously approved.
Richard and Juliana Collins presented their application and the nature of the business. A Building Permit was issued by the CEO and construction has commenced.
Board deliberation began with a review of the packet contents followed by consideration of the draft Findings of Fact and Decision.
Larry Engdahl made a motion to approve the Findings of Fact and Decision as amended, Craig Davis seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Site Plan Review application as presented, Craig Davis seconded the motion; it was unanimously approved.
The Planning Assistant will append the Final Site Plan with the standard two Conditions of Approval.
The Board signed the Final Site Plan.
8. Non-Application Items:
A. Other Business: - Annual Report
The Planning Assistant had included a copy of the Annual Report findings for the Board’s reading pleasure.
Chairman Cressy gave the Board an update on the status of wind power ordinance discussion taking place between Bethel, Greenwood, and Newry. AVCOG will be lending its expertise in these conversations at a meeting on May 13th. Larry Engdahl volunteered to serve on the committee. Francis Dumont gave a brief report on the work of the Ordinance Review Committee.
B. Announcements: Upcoming meetings: Regular Meetings, May 12 & 26, 2010
9. Adjournment:
8:35 PM – Jon Cowan made a motion to adjourn, Craig Davis seconded the motion; it was unanimously approved.
Respectfully submitted,
Vicki Rackliffe
Planning Assistant
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