Minutes
Bethel Planning Board
Drafted 7.19.10
Wednesday, July 14, 2010 Town Office
7:00 PM Regular Meeting:
Members Present: Allen Cressy, Jon Cowan, Andrew Glasfeld, 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 Format Audio file format
1. Call to Order
At 7:04 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 Craig Davis and Larry Engdahl were absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, May 26, 2010
Jon Cowan made the motion to approve the minutes of May 26, 2010, Ginger Kelly seconded the motion; Jon Cowan and Ginger Kelly approved the minutes as presented. Allen Cressy and Andrew Glasfeld abstained from voting because they did not attend the meeting.
5. Communications: Signing of Final Site Plan for Sunday River Station, Map 18 Lot 10
Ginger Kelly abstained from signing the Final Site Plan due to a possible conflict of interest. Board members proceeded to sign the Final Site Plan for Sunday River Station. Larry Engdahl had signed the plan at the last Board meeting thereby providing a majority of board member signatures.
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications:
1. Applicant: David North, Otter Brook Subdivision
Location: Map 9 Lot 18
The applicant had authorized the Planning Assistant to represent him. The application proposed a double-sided subdivision sign measuring 4’X4’ (originally submitted as 4’X8’). The dimensions for height and set backs were allowable. The sign will not be illuminated. A 4’X4’ development sign advertising the sale of lots (below the subdivision sign) will need approval from the Code Enforcement Officer.
Ginger Kelly made a motion to approve the subdivision sign as amended, Andrew Glasfeld seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 7.14.10 (cont.)
2. Applicant: Woody Hughes, Mill Hill Inn
Location: Map 25 Lot 7
Chairman Cressy offered to step down from the Board as he is an abutter to the project. However, that would have resulted in the lack of a quorum with no further action being taken on the application. The applicants agreed to allow Chairman Cressy to participate.
Woody and Lee Hughes were in attendance. The application proposes two free standing signs for the Mill Hill Inn; a double-sided sign to be placed on Mill Hill and a single-sided sign on the property corner at L’Auberge Lane. The Mill Hill sign will be lit with a solar fixture and the other with conventional lighting. All performance standards for size, height, setbacks, and lighting have been met.
Jon Cowan made a motion to approve the sign application as presented, Andrew Glasfeld seconded the motion; it was unanimously approved.
3. Applicant: Sheriff Gallant, Oxford County Sheriff’s Office
Location: Map 25 Lot 250
The applicant had authorized the Planning Assistant to present the application. The Oxford County Sheriff’s Office is located in the former US Forest Service building. A free standing, double-sided sign will be installed on existing posts. A wall mounted sign was requested as well. All standards for both signs have been met for size, height, and setbacks. No lighting was proposed.
The Board was concerned about the public being able to locate the office at night.
Jon Cowan made a motion to allow external lighting (downcast, shielded fixtures) should it be requested by the applicant at later date, Andrew Glasfeld seconded the motion; it was unanimously approved.
Since all performance standards have been met,
Ginger Kelly made a motion to approve the sign application as submitted, Jon Cowan seconded the motion; it was unanimously approved.
4. Applicant: Michele Perejda, Dream Realty for Locke Summit Estates
Location: Map 21 Lots 2 & 3
Michele Perejda presented the sign application. Ms Perejda submitted two additional documents for consideration.
Jon Cowan made a motion to introduce the documents regarding lighting and sign location into the record, Ginger Kelly seconded the motion; it was unanimously approved.
The proposed subdivision sign will be double-sided (25” high x 72” wide) and be erected on two stacked stone columns with a top height of 74” above the ground or finished grade. Temporary exterior lighting will be provided by two flood lights on 34” posts directed up towards the sign. The sign will be located at the intersection of Locke Summit Road and Sunday River Road. All performance standards have been met for size, setbacks, height, and lighting.
Andrew Glasfeld made a motion to approve the sign application as amended, Ginger Kelly seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 7.14.10 (cont.)
B. Old Business: None
C. New Business:
1. Site Plan Amendment
Project Name: Recreational Burma Bridge
Maine Mineralogy Expeditions Park
Applicant: Jeffrey & Patricia Parsons
Authorized Agent: Donald Murphy
Location: Recreational Burma Bridge, Map 24 Lots 36, 59, 60
Maine Mineralogy Expeditions Park, Map 24 Lot 36
The applicant wished to extend the courtesy of changing the order of the agenda to allow the Mahoosuc Land Trust application to be reviewed first.
Ginger Kelly made a motion to move this agenda item to allow the Mahoosuc Land Trust application to be reviewed first, Andrew Glasfeld seconded the motion; it was unanimously approved.
2. Shoreland Zone Permit
Project Name: Recreational Burma Bridge
Applicant: Jeffrey & Patricia Parsons
Authorized Agent: Donald Murphy
Location: Map 24 Lots 36, 59, 60
Review of the Site Plan Amendment for the Maine Mineralogy Expeditions Park and the Site Plan Amendment and Shoreland Zone permit for the recreational Burma bridge were postponed until later in the meeting.
3. Shoreland Zone Permit
Project Name: Davis Park Trail, Phase II
Applicant: Mahoosuc Land Trust
Authorized Agent: Joseph Aloisio Jr.
Location: Map 25 Lot 239-2
The authorized agent for the project, Joe Aloisio, described the project to the Board. The Mahoosuc Land Trust is proposing to develop a pathway connecting Davis Park and the Gateway. The new section will follow Route 26 on the river side of the guard rail. A second wooden guard rail will be added on the river side of the path. A seven foot wide strip along the road edge will become a paved pathway. The pathway will run behind the welcome signs. At the intersection of the Intervale Road, it will follow the existing dirt pathway along the Intervale Road. The proposed pathway is located within the MDOT ROW.
Chairman Cressy addressed applicability as it relates to the project. The property falls within the Resource Protection District of Shoreland Zoning and involves the filling and excavating of more than ten cubic yards, requiring Planning Board approval.
Regarding standing, the proposed project is located in a MDOT ROW. The applicant has obtained permission from MDOT and the applicant has authorized Mr. Aloisio to represent the Trust.
Bethel Planning Board Meeting Minutes 7.14.10 (cont.)
The Board began deliberation with a discussion of the project sketch. Issues of concern were sedimentation and erosion control plans, and storm water run-off. Each issue was resolved to the Board’s satisfaction.
Chairman Cressy asked for public comments. There were none.
The Board considered the draft Findings of Fact and Decision, particularly the land use standards under Chapter 132-14, and determined there were no concerns. The pathway is located within General Development and Resource Protection Districts as well as Flood Hazard Zone AE. Three Conditions of Approval were proposed and discussed.
Jon Cowan made a motion to approve the Findings of Fact and Decision that includes the three Conditions of Approval, Ginger Kelly seconded the motion; it was unanimously approved.
Ginger Kelly made a motion to approve the Shoreland Zoning permit application for the Mahoosuc Land Trust’s Alder River Path, Andrew Glasfeld seconded the motion; it was unanimously approved.
1. Site Plan Amendment
Project Name: Recreational Burma Bridge
Maine Mineralogy Expeditions Park
Applicant: Jeffrey & Patricia Parsons
Authorized Agent: Donald Murphy
Location: Recreational Burma Bridge, Map 24 Lots 36, 59, 60
Maine Mineralogy Expeditions Park, Map 24 Lot 36
Chairman Cressy introduced the project and invited the applicant, Jeff Parsons, and authorized agent, Don Murphy to present the application.
Don Murphy and Jeff Parsons gave an overview of the projects which entail the building of a recreational Burma-style suspension bridge from the mainland to Hastings Island and the building of a pole barn type, octagonal, mineral pavilion to replace the tent currently being used to house the same operation. Highlights of the project overview included the 2005 MDOT entrance permit, clarification of the uses of the bridge/island, the Fire Chief’s recommendations, the parking plan, DEP, NRPA, and Army Corp of Engineers approvals.
Chairman Cressy gave the Board an opportunity to ask questions of Mr. Murphy and Mr. Parsons questions after the overview.
Regarding applicability:
Chairman Cressy stated that three ordinances are applicable to the Burma recreational bridge and the mineral pavilion projects; Site Plan Amendment and floodplain (Zone AE) for the two new structures, and Shoreland Zoning (Resource Protection & Limited Commercial Districts) for the bridge.
Regarding standing, two warranty deeds (BK 3453 PG 231, BK2361 PG 151) had been submitted with the application. The deeds alone did not address the portion of Hastings Island formerly owned by the Town. The Planning Assistant had a copy of the necessary document on file, Municipal Quitclaim Deed BK 3468 PG 32.
Jon Cowan made a motion to introduce the Municipal Quitclaim Deed BK 3468 PG 32 into the record, Ginger Kelly seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 7.14.10 (cont.)
Jon Cowan made a motion that the three deeds as a whole indicate that the applicant has standing, Andrew Glasfeld seconded the motion; it was unanimously approved.
As further evidence of standing, the applicant had submitted evidence that the Department of the Secretary of State recognizes Bethel Outdoor Adventures as a business corporation.
The Board is reviewing this as one Site Plan Review Amendment that has two pieces. The Planning Assistant had drafted a completeness checklist for the mineral pavilion and one for the Burma bridge.
Chairman Cressy led the Board through the Application Completeness Checklist for the mineral pavilion. During that process, the Board approved four requests for waivers.
Regarding the requirement to provide evidence of financial capacity,
Jon Cowan made a motion to grant a waiver of the formal financial statement from the applicant for the Maine Mineralogy Expeditions Park building in light of the verbal financial statement offered by the applicant, Ginger Kelly seconded the motion; it was unanimously approved.
Jon Cowan made a motion to waive a Municipal Facilities Impact Analysis, Andrew Glasfeld seconded the motion; it was unanimously approved.
Jon Cowan made a motion to waive the requirement for an Improvement Guarantee, Ginger Kelly seconded the motion; it was unanimously approved.
Jon Cowan made a motion to waive the requirement for a professional land survey, Ginger Kelly seconded the motion; it was unanimously approved.
Outstanding items from the mineral pavilion completeness checklist include: notation of the waterline easement on the Site Plan for reference; the Fire Chief’s email/letter; a ruling from the State Fire Marshal regarding the necessity of review by that office, and the MDOT’s email/letter regarding the entrance permit update.
Chairman Cressy led the Board through the Application Completeness Checklist for the Burma bridge.
The Board approved the granting of the following waivers:
Jon Cowan made a motion to waive the requirement for a professional land survey, Andrew Glasfeld seconded the motion; it was unanimously approved.
Ginger Kelly made a motion to grant a waiver of the requirement for provision of evidence of financial capacity, Jon Cowan seconded the motion; it was unanimously approved.
Jon Cowan made a motion to waive a Municipal Facilities Impact Analysis due to the scope of the project and the Improvement Guarantee, Andrew Glasfeld seconded the motion; it was unanimously approved.
Outstanding items from the completeness checklist for the Burma Bridge include: notation of the waterline easement on the Site Plan; the Fire Chief’s email/letter; a ruling from the State Fire Marshal/ Department of Human Rights regarding ADA compliance; the MDOT’s email/letter regarding the entrance permit update; compliance with the MHPC’s request for archaeological testing, and a statement from the applicant regarding the exact nature of the uses of the Burma bridge.
Bethel Planning Board Meeting Minutes 7.14.10 (cont.)
Mr. Parsons indicated that he has already issued a RFP for the archaeological test pits for the bridge foundation and anchor on the mainland as required by the MHPC.
The Board discussed conducting a Site Walk of the proposed project sites.
Andrew Glasfeld made a motion to schedule a Site Walk of the Bethel Outdoor Adventures parcel on Monday, July 26, 2010 at 4:00 PM, Ginger Kelly seconded the motion; it was unanimously approved.
Discussion continued regarding uses of the island, particularly agricultural ones, and bridge construction materials. Agricultural use in a Resource Protection District would come under the purview of the Planning Board. Don Murphy will submit a building materials list for clarification. An engineer’s statement along with the schematic of the bridge would suffice.
Chairman Cressy outlined some objectives for the next meeting on July 28th; closure on the mineral pavilion (subject to State Fire Marshal comments) and on the bridge (subject to the Department of Human Rights finding). The Planning Assistant will draft a Findings of Fact and Decision for each. The applicant will provide the Planning Assistant with additional language for the project descriptions on the Findings of Fact and Decision and Shoreland Zone permit documents.
Jon Cowan made a motion to table the application until the next meeting, Ginger Kelly seconded the motion; it was unanimously approved.
2. Shoreland Zone Permit
Project Name: Recreational Burma Bridge
Applicant: Jeffrey & Patricia Parsons
Authorized Agent: Donald Murphy
Location: Map 24 Lots 36, 59, 60
Chairman Cressy suggested holding off on consideration of the Shoreland Zone permit until the next meeting and until a better definition of the uses of the island is provided by the applicant.
Jon Cowan made a motion to table consideration of the Shoreland Zone permit until the next meeting, Ginger Kelly seconded the motion; it was unanimously approved.
A. Other Business: None
B. Announcements: Upcoming meetings: Regular Meetings, July 28, August 11 & 25, 2010
9. Adjournment:
9:15 PM – Jon Cowan made a motion to adjourn the meeting, Ginger Kelly seconded the motion; the meeting was adjourned.
Respectfully submitted,
Vicki Rackliffe
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