Minutes
Bethel Planning Board
Drafted 8.26.10
Wednesday, August 25, 2010 Town Office
7:00 PM Regular Meeting:
Members Present: Allen Cressy, Jon Cowan, Larry Engdahl, Andrew Glasfeld,
Ginger Kelly
Members Absent: Craig Davis, Gabe Perkins
Staff Present: Vicki Rackliffe, Planning Assistant
Others Present: Jeffrey Parsons and Richard Dunton, Main-Land Development
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 the Planning Board has a new member. Gabe Perkins will be filling Francis Dumont’s unexpired term. Gabe Perkins and Craig Davis were absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, July 28, 2010
The August 11, 2010 meeting was cancelled at the request of the sole applicant.
Larry Engdahl made a motion to approve the minutes of July 28, 2010, Jon Cowan seconded the motion; it was unanimously approved.
5. Communications: None
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications: None
B. Old Business:
1. Site Plan Amendment
Project Name: Recreational Burma Bridge
Maine Mineralogy Expeditions Park
Applicant: Jeffrey & Patricia Parsons
Location: Recreational Burma Bridge, Map 24 Lots 36, 59, 60
Maine Mineralogy Expeditions Park, Map 24 Lot 36
Chairman Cressy summarized the status of the project explaining that there are two separate projects being considered under this Site Plan amendment; the mineral pavilion and the Burma bridge.
Chairman Cressy asked Mr. Parsons if he had any opening remarks. Mr. Parsons did not.
Chairman Cressy asked if there were any public comments for or against the projects. There were none.
Bethel Planning Board Meeting Minutes 8.25.10 (cont.)
Moving into board deliberation, Chairman Cressy noted that packet contents included materials from the cancelled meeting and as well as this one. He proceeded to outline the materials and objectives for the project at this meeting.
The first item was to reconsider the Findings of Fact and Decision for the mineral pavilion which was approved as amended on 7.28.10. A motion to reconsider any item of business shall be made at the same meeting or at the next regular meeting. Since the last regularly scheduled meeting was cancelled at the applicant’s request, the Board may still reconsider this item.
Chairman Cressy asked for a motion to reconsider the previously approved Findings of Fact and Decision for the mineral pavilion so it can be amended.
Larry Engdahl made a motion to reconsider the Findings of Fact and Decision that had been previously approved so the Board can address two changes, Andrew Glasfeld seconded the motion; it was unanimously approved.
The first change is the addition of a project description for the mineral pavilion provided by the applicant. The second is to rewrite Condition of Approval #3 regarding the Flood Hazard Development permit in Zone AE to more accurately describe the issuance of the permits for the existing temporary tent and the proposed permanent pavilion.
Jon Cowan made a motion to approve the project description and revised Condition of Approval #3 as submitted, Larry Engdahl seconded the motion; it was unanimously approved.
Having approved these two amendments;
Jon Cowan made a motion to approve the fully amended Findings of Fact and Decision for the mineral pavilion, Larry Engdahl seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Site Plan as amended as by the change in Condition of Approval #3, Ginger Kelly seconded the motion; it was unanimously approved.
The Board proceeded to sign the Final Site Plan for the mineral pavilion.
In the board packets, was a revised diagram of the mineral pavilion reflecting the use of a center post and roofing shingles as the primary changes. Chairman Cressy noted that Condition of Approval #6 asks that a front elevation and a lighting plan be submitted to the Bethel Planning Board prior to construction of the permanent mineral pavilion. Chairman Cressy verified with Mr. Parsons that this particular front elevation constitutes the final plan of the mineral pavilion. It was noted that the absence of a lighting plan indicates that there will be no additional exterior lighting associated with the pavilion.
Ginger Kelly made a motion to approve the submission of the front elevation as the final design for the mineral pavilion; Jon Cowan seconded the motion; it was unanimously approved.
The Board began its deliberation of the Burma bridge project with a review of the application completeness checklist. The outstanding items include the final construction plans and list of construction materials as evidence of technical capacity and results of the archaeological testing. Outside professional services may be called for by the Board as further consideration of the project unfolds.
Bethel Planning Board Meeting Minutes 8.25.10 (cont.)
The Board is in agreement that the sketch provided thus far by James Sysko, P.E. is a conceptual design. There is an expectation for a higher level of detail to be provided by Mr. Sysko in future board presentations.
Larry Engdahl had compiled a list of questions regarding different aspects of the bridge design. His list of questions will be made available to the applicant. Mr. Parsons will pass on the board’s concerns and questions to Mr. Sysko so that he may take them in account. A cursory discussion ended with a decision to wait until after Mr. Sysko’s presentation to delve into a structural analysis to determine if all associated safety concerns are being satisfied. An engineer’s stamped professional seal on the bridge design is needed to confirm and certify this as well. It is under the Planning Board’s purview, should board members feel it necessary, to ask for a third-party appraisal of the design which would be conducted at the applicant’s expense.
Larry Engdahl made a motion to introduce his list of questions into the record, Andrew Glasfeld seconded the motion; it was unanimously approved.
Regarding a review of the project by the US Army Corps of Engineers (as mentioned in the DEP permit application), the applicant will provide a statement or email from the Corps indicating that a Corps permit is not needed for the project.
The Board noted that Mr. Parsons has submitted his portrayal of use of the bridge and Hastings Island in a document entitled “Activity Description”. Mr. Parsons reiterated the uses at the meeting and indicating that there will be no future development on the island.
This comment segued into the accessibility issue or non-issue, as the case may be, in the eyes of the Maine Human Rights Commission. The bridge does not need to be accessible because it is not part of an accessible route that leads to anything accessible (building, facilities, elements, spaces) on Hastings Island. This ruling comes in the form of an email from Patricia Ryan, Executive Director, Maine Human Rights Commission, dated 8.16.10.
Jon Cowan made a motion (in light of the email from Patricia Ryan, Maine Human Rights Commission) to waive the requirement for the Burma bridge to conform to the ADA, Ginger Kelly seconded the motion; it was unanimously approved.
The Board reviewed the draft Findings of Fact and Decision and found one performance standard has not been met; the archaeological testing. The final construction design is the outstanding item from the completeness checklist.
The Board had a final question regarding the 2’ width of the bridge’s walkway. The Planning Assistant will speak with the Code Enforcement Officer about whether there is a minimum width for such a walkway.
Larry Engdahl made a motion to table the application until a construction design from James Sysko, P.E. is available, Andrew Glasfeld seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 8.25.10 (cont.)
2. Shoreland Zone Permit
Project Name: Recreational Burma Bridge
Applicant: Jeffrey & Patricia Parsons
Location: Map 24 Lots 36, 59, 60
Chairman Cressy explained the ordinance requirement for Planning Board action on Shoreland Zone Permit applications. Within 35 days of receiving a written application, the Planning Board is required to notify the applicant in writing either that the application is a complete application or, if the application is incomplete, what additional material is needed to make it complete.
The application is incomplete due to the lack of a final bridge design which impacts the Shoreland Zone.
Larry Engdahl made a motion to declare the application for a Shoreland Zone Permit submitted for the Burma bridge to be incomplete due to the lack of a final design, Andrew Glasfeld seconded the motion; it was unanimously approved.
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 explained that the Board is being asked to consider a request for an extension of subdivision approval. The Newry Planning Board was invited to the meeting but no board members attended. Chairman Cressy summarized the background of the project from initial approval to the current extension of approval request. The applicant was asked to appear at the 8.25.10 meeting with a renewed letter of credit for $75,000 and a progress report on the installation of a retention pond.
Rick Dunton, Main-Land Development, was in attendance. Chairman Cressy asked Mr. Dunton if he had any opening remarks. Mr. Dunton had no comments.
Chairman Cressy asked for any public comments. There were none.
Board deliberation began with a review of the packet contents. Mr. Dunton commented on the Main-Land Development Consultants letter dated 8.17.10 regarding the project’s progress. Updated reports from the project’s engineer Steve Roberge were discussed. As requested, a renewed letter of credit in the amount of $75,000 has been issued.
The Board considered not granting a full year extension of approval until the retention pond has been completed. Due to the recent economic times and the ambitious nature of the project, it was suggested that the applicant perhaps look at re-phasing the construction of the project and request a restructuring of the subdivision approval into phasing. The Board continued to discuss various scenarios under which to grant an extension of approval.
Bethel Planning Board Meeting Minutes 8.25.10 (cont.)
Andrew Glasfeld made a motion to offer an extension of approval until 9.22.10 at which point the one-year extension would be considered if all excavation work has been completed on the large pond, Larry Engdahl seconded the motion; it was unanimously approved.
The Board will expect a progress report on the project on 9.22.10.
Ginger Kelly made a motion to have the applicant report as to the correction of soil erosion problems as cited in Steve Roberge’s report dated 8.18.10, Larry Engdahl seconded the motion. Board discussion continued.
Ginger Kelly withdrew the motion from the floor. The concern is still on the table.
Regarding the possibility of restructuring the subdivision approval into phasing,
Larry Engdahl made a motion to invite the applicant to submit a plan for restructuring the project to be more financially feasible in its approach, Andrew Glasfeld seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to table the application until 9.22.10, Jon Cowan seconded the motion; it was unanimously approved.
8. Non-Application Items:
A. Other Business:
Chairman Cressy noted that there is a Maine Municipal Association introductory level workshop being held in Bethel on 9.21.10 for local planning boards and boards of appeal. Planning Board members who are interested in attending should contact the Planning Assistant prior to the registration deadline.
Larry Engdahl reported on the work of the Regional Windpower Committee and the State’s pilot ordinance.
B. Announcements: Upcoming meetings: Regular Meetings, September 8 & 22, 2010
9. Adjournment:
9:07 PM – Larry Engdahl made a motion to adjourn the meeting, Jon Cowan seconded the motion; the meeting was adjourned.
Respectfully submitted,
Vicki Rackliffe, Planning Assistant
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