Minutes
Bethel Planning Board
Drafted 7.7.10
Wednesday, June 23, 2010 Town Office
7:00 PM Regular Meeting
Members Present: Jon Cowan, Craig Davis, Larry Engdahl, Ginger Kelly
Members Absent: Allen Cressy, Andrew Glasfeld
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 Vice Chairman Cowan called the meeting to order.
2. Opening Statement
Vice Chairman Cowan gave a brief opening statement.
3. Declaration of Quorum
Vice Chairman Cowan noted that Allen Cressy and Andrew Glasfeld were absent. Vice Chairman Cowan appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, May 26, 2010
Larry Engdahl made the motion to approve the minutes of May 26, 2010, Ginger Kelly seconded the motion; it was unanimously approved. Craig Davis abstained from voting because he did not attend the meeting.
5. Communications: Signing of Final Site Plan for Sunday River Station, Map 18 Lot 10
The signing of the Final Site Plan for Sunday River Station was postponed until the next meeting on July 14, 2010, as there was not a majority of board members present who could sign the plan. Ginger Kelly has a possible conflict of interest with this project.
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications:
1. Applicant: Frances M. Head, Farwell Mountain Estates Phase II
Location: Map 22 Lot 29
Fran Head presented a sign application for a subdivision sign for Farwell Mountain Estates Phase II. The proposed free standing, subdivision sign measures 20” high x 72” wide. It will be single-sided and erected on two posts measuring 12’8” above the ground. No exterior lighting is planned. The sign will be located at the intersection of Swan Hill Road and Holt Hill Road on corner Lot 19. Side lot line setbacks will be 10’ and the distance to the centerline of Swan Hill Road will be 33’.
Larry Engdahl made a motion to approve the subdivision sign as presented, Craig Davis seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 6.23.10 (cont.)
B. Old Business:
1. Subdivision Application
Project Name: Farwell Mountain Estates Subdivision – Phase II
Applicant: Farwell Mountain Estates, Inc.
Authorized Agent: Main-Land Development Consultants, Inc.
Location: Map 22 Lot 29
Vice Chairman Cowan invited the applicants to make their presentation.
Fran Head, Steve Harmon, and Rick Dunton, Main-Land Development Consultants, were in attendance to present the project.
Mr. Dunton briefly outlined the materials submitted for the board packets.
Vice Chairman Cowan summarized the status of the project. The application was tabled on 5.12.10 until the applicant could submit all outstanding items including the DEP permit, the Road Commissioner’s letter, and a maintenance agreement for Holt Hill Road. The Planning Assistant was asked to send abutter notices once the item was placed on the next agenda.
Vice Chairman Cowan called for public input for or against the project. There was none.
Board deliberation began with a review of the packet materials.
Mr. Dunton led the Board through a review of the DEP permit. The Board considered the other materials briefly. The Holt Hill Road maintenance agreement elicited a lengthy discussion. A final draft of the legal agreement between Farwell Mountain Estates, Inc., Chadbourne Tree Farms, and the Swan Hill at Intervale subdivision was submitted to the Board. The final draft has been accepted by all three parties and the signing of that agreement is expected next week. The applicant provided a copy of their deed (BK 3509 PG 329) for their portion of Holt Hill Road as evidence that the Town ordinances for road maintenance responsibility are being met. Mr. Dunton read the portion of the deed which states “that Farwell Mountain Estates, Inc. will each be responsible for any maintenance of
the aforesaid Right-of-Way and Easement which is reasonably required as a result of use by each (of the three parties)...” When the Farwell Mountain Estates Phase II HOA is formed, Farwell Mountain Estates, Inc. will convey its maintenance responsibility of one half of the Holt Hill Road, as well as that of Second Street, to the HOA. Condition of Approval #14 will speak to the maintenance responsibility for Holt Hill Road.
Regarding the Subdivision Improvement guarantee, the applicants requested that they be allowed to sell certain lots (namely Lots 19, 20, 21, and 22) before the completion of the infrastructure and Second Street. These lots have access on already developed roads.
Larry Engdahl made a motion to have Lots 19, 20, 21, 22 be exceptions, so to speak, (to the Subdivision Improvement guarantee) so they can be sold because their access is from an already developed roadway, Craig Davis seconded the motion; it was unanimously approved.
Vice Chairman Cowan suggested that the intent of this motion be placed in the language of Condition of Approval #4.
Bethel Planning Board Meeting Minutes 6.23.10 (cont.)
Ms Head inquired about the intention of the Subdivision Improvement guarantee with regards to the sale of the other lots. Ms Head is allowed to market and to put a lot “under contract” but may not sell any of the other lots until the infrastructure is completed, passes the third-party engineer’s inspection, and the inspection is found acceptable by the Road Commissioner.
The Board was satisfied with the three outstanding items that had been submitted and proceeded to review the draft Findings of Fact and Decision.
Larry Engdahl made a motion to approve vehicular access (page 10) and the notes proposed as “being met”, Craig Davis seconded the motion; it was unanimously approved.
The Board considered the Conditions of Approval.
Larry Engdahl made a motion to approve the language of Condition of Approval #4 as modified (exceptions of Lot 19, 20, 21, 22 from Subdivision Improvement guarantee), Ginger Kelly seconded the motion; it was unanimously approved.
The Board discussed the language for Condition of Approval #14 regarding the road maintenance responsibility for Holt Hill Road.
Ginger Kelly made a motion to approve Conditions of Approval #1-14 as amended, Craig Davis second the motion; it was unanimously approved.
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 application for Farwell Mountain Estates Subdivision, Phase II as presented, Ginger Kelly seconded the motion; it was unanimously approved.
Mr. Dunton needed to amend the mylar of the Final Plan for Farwell Mountain Estates Subdivision, Phase II by hand before the Board could sign it.
C. New Business:
1. Site Plan Amendment
Project Name: Hot Mix Asphalt Plant Office Trailer
Applicant: Richard A. Douglass
Authorized Agent: Bruce A. Manzer, Inc.
Location: Map 12 Lot 49
Vice Chairman Cowan introduced the application.
Todd Sawyer, an employee of Bruce A. Manzer, Inc., was authorized to represent the applicant. Mr. Sawyer described the proposal for the placement of an executive office trailer with a holding tank (for the toilet and sink) on the site. The trailer is not for use by the general public.
Regarding standing,
Larry Engdahl made a motion to grant the applicant standing, Craig Davis seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 6.23.10 (cont.)
Vice Chairman Cowan called for public input for or against the project. Three abutters from Ripps Trail were in attendance; Michael and Bonnie Patipa, and Laurie Winsor. The concerns of the abutters were directed towards the hot mix asphalt plant approval rather than the proposed executive office trailer. Abutters questioned whether or not that the addition of the office trailer would be considered an expansion of the hot mix asphalt plant. The Board and Mr. Sawyer assured them that the applicant would be required to apply for a Site Plan Review Amendment for any expansion of the plant. The office trailer has no physical bearing on plant operations.
During a pause in the discussion, the Planning Assistant asked the Board to sign the amended Final Plan for Farwell Mountain Estates, Phase II. With permission from Mr. Sawyer, the Board proceeded to sign the Final Plan.
Vice Chairman Cowan itemized the materials submitted for the board packets.
Before closing public comments, Vice Chairman Cowan recognized that the Town had received a second letter from abutter Sherry L. Hyman, Esquire in which she reiterates her objections to the approval of the hot mix asphalt plant.
Ginger Kelly made a motion to read into the record a letter (faxed to the Town Office) from abutter Sherry L. Hyman, Esquire, dated 6.23.10, Larry Engdahl seconded the motion; it was unanimously approved.
The Board considered the two letters from abutter, Sherry L. Hyman, Esquire. Mr. Sawyer addressed the concerns outlined as they related to the office trailer.
Board deliberation began with the Application Completeness Checklist. The only outstanding items are the written comments from the Maine Historic Preservation Commission. Verbal comments indicate that the existing gravel pit on site is evidence that the location of the holding tank has been excavated before.
Larry Engdahl made a motion to find the Application Completeness Checklist complete, Ginger Kelly seconded the motion; it was unanimously approved.
Regarding the waiver requests:
Larry Engdahl made a motion to waive the requirement for a professional land survey, Ginger Kelly seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to waive the requirement to provide evidence of financial and technical capacity due to the nature of the project, Ginger Kelly seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to waive the requirement for a Municipal Facilities Impact Analysis, Ginger Kelly seconded the motion; it was unanimously approved.
At 9:00 PM,
Ginger Kelly made a motion to continue New Business after 9:00 PM, Craig Davis seconded the motion; it was unanimously approved.
The Findings of Fact and Decision and Conditions of Approval were considered by the Board.
Bethel Planning Board Meeting Minutes 6.23.10 (cont.)
The removal of the office trailer and holding tank will coincide with the termination of the hot mix asphalt plant operations by Bruce A. Manzer, Inc. at this location. The removal shall be the responsibility of the applicant.
Larry Engdahl made a motion to approve the Findings of Fact with the addition of Condition of Approval #5 concerning the removal of the facility at the termination of business, Craig Davis seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the hot mix asphalt plant office trailer application by Richard A. Douglass as presented, Craig Davis seconded the motion; it was unanimously approved.
The Board proceeded to sign three copies of the Final Site Plan for the project.
The Board took a five minute break.
2. Site Plan Amendment
Project Name: Bearhaven Crossing
Applicant: Paul & Charisa Legault
Location: Map 12 Lot 72-3
Vice Chairman Cowan recognized the applicant Paul Legault.
Mr. Legault gave a brief description of the project which involves the addition of outdoor seating in the form of four picnic tables (seating for 16) and a chiminea monument. The chiminea monument would house a small fire box with a screened front and top. An additional five parking spaces will be provided as well as additional lighting for safety. A proposed parking and a lighting plan were submitted with the application.
The Town has a copy of the deed on file.
Larry Engdahl made a motion to grant the applicant standing, Craig Davis seconded the motion; it was unanimously approved.
Vice Chairman Cowan asked for public comments. There were none. The Town Office is in receipt of an anonymous letter from an abutter which had some concerns that were unfounded based on the true nature of the project.
The Board began their deliberation with the review of the Application Completeness Checklist.
Ginger Kelly made a motion to approve the requests for waivers of a professional land survey, evidence of financial and technical capacity, and a Municipal Facilities Impact Analysis, Larry Engdahl seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to find the Application Completeness Checklist complete, Ginger Kelly seconded the motion; it was unanimously approved.
There were no further questions about the project from the Board.
The Board reviewed the Findings of Fact and Decision and Conditions of Approval.
The project description was amended to reflect the size and use of the chiminea monument (a 6’x4’x6’ base with a 3’x2’ fire box) and as well as adding the lighting alongside the driveway. Minor amendments to the performance standards were made.
Bethel Planning Board Meeting Minutes 6.23.10 (cont.)
Regarding Board action on the Conditions of Approval and the Findings of Fact and Decision;
Larry Engdahl made a motion to approve the Conditions of Approval as written, Ginger Kelly seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Findings of Fact and Decision for Bearhaven Crossing as amended, Ginger Kelly seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Site Plan Review Amendment application for Bearhaven Crossing’s outdoor seating, Craig Davis seconded the motion; it was unanimously approved.
The Board proceeded to sign a Final Site Plan for the Bearhaven Crossing Site Plan Amendment.
3. Issuance of a Building Permit in the Historic District
Applicant: Bill Frongillo
Location: Map 26 Lot 23, 28 Broad Street
Vice Chairman Cowan invited the applicant to present his application.
Mr. Frongillo, owner of the property at 28 Broad Street, outlined a proposal for exterior alterations to his barn as it pertains to the Bethel Historic District guidelines. Mr. Frongillo also gave a historical overview of the building and its prior uses. The intended architectural design and choice of materials were described.
The Town has copy of the deed on file.
Larry Engdahl made a motion to grant the applicant standing, Ginger Kelly seconded the motion; it was unanimously approved.
There were no members of the public present for comments.
The Board reviewed the draft Findings of Fact and Decision.
Larry Engdahl made a motion to find the Findings of Fact and Decision complete, Craig Davis seconded the motion; it was unanimously approved.
Ginger Kelly made a motion to approve the project and the issuance of a building permit in the Bethel Historic District, Craig Davis seconded the motion; it was unanimously approved.
8. Non-Application Items:
A. Other Business:
B. Announcements: Upcoming meetings: Regular Meetings, July 14 & 28, 2010
9. Adjournment:
10:19 PM – Larry Engdahl made a motion to adjourn the meeting, Craig Davis seconded the motion; the meeting was adjourned.
Respectfully submitted,
Vicki Rackliffe
Planning Assistant
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