Town of Bethel
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19 Main Street · P.O. Box 1660
Bethel, Maine 04217-1660
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Planning Board Minutes

These minutes are unapproved

Minutes Bethel Planning Board Drafted 7.15.08

Wednesday, July 9, 2008 Town Office 7:00 pm. Regular Meeting:

Members Present: Allen Cressy, Reggie Brown, Francis Dumont, Larry Engdahl Ginger Kelly Members Absent: Jon Cowan 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.

  1. Call to Order

7:23 PM Chairman Cressy called the meeting to order.

  1. Opening Statement Chairman Cressy made a brief opening statement.
  2. Declaration of Quorum

Chairman Cressy noted that member Jon Cowan was absent. As of the June 2008 Annual Meeting, alternate members to the Bethel Planning Board are not permitted. Alternate, David Nivus is no longer a Board member and there is now one vacancy. Chairman Cressy appointed all members present as voting members and declared a quorum.

  1. Approval of Minutes: Regular Meeting, June 25, 2008

Larry Engdahl made the motion to accept the minutes of the Regular Meeting on June 25, 2008, Ginger Kelly seconded the motion.

Reggie Brown asked that the minutes be amended to reflect a change in terminology from “grandfathered” to “previous use” in a motion made regarding Determination of Applicability on a Map 7 Lot 73 project.

The motion was unanimously approved as amended. Al Cressy abstained from voting as he was not present at the June 25, 2008 meeting.

  1. Communications
  2. Determination of Applicability:
  3. Action on Applications: Before moving into Sign Applications, Chairman Cressy proposed clarifying wall mounted sign dimensions. The Board found some discrepancies between Chapter 136-9 paragraph “D” and “E” regarding the size of allowable wall mounted signs for venues with three or more businesses when a kiosk is involved. Paragraph “E” provides inconsistent guidance and has been used to determine previous wall sign size. The Board agreed to use paragraph “D” under these conditions and to limit wall mounted signs to 12 square feet. The Board will ask the Ordinance Review Committee to review this section of the sign ordinances. Minutes Bethel Planning Board 7.9.08 Meeting (cont.)
  4. Sign Applications 1. Applicant: Great Brook Preserve Location: Map 12 Lot 72-1

Jeff Mayo represented the application. Status of the application: The application was tabled at the June 25, 2008 meeting. The Board felt they needed more time to consider ordinances regarding wall mounted sign sizes.

Francis Dumont made the motion to approve the wall mounted sign as presented (8’x3’), Ginger Kelly seconded the motion; it was unanimously approved.

  1. Applicant: Mark Harding, Hungry Harry’s Location: Map 25 Lot 234

Mark Harding presented the application for a wall mounted sign measuring 12 square feet and lit with two existing exterior fixtures. Hungry Harry’s will have a kiosk slat as well.

Reggie Brown made the motion to approved the sign application as presented, Larry Engdahl seconded the motion; it was unanimously approved.

  1. Old Business: 1. Public Road Acceptance Applicant: Taylor Smith Road Association Location: Map 9 Lots 6-1, 6-1-1, 6-1-2, 6-2, 6-2-1, 6-3, 6-4, 6-5, 6-6, 6-7, 6-8, 6-9, 24

Francis Dumont stepped down from the Board as he is one of the Association’s members.

Richard DiPlacido was in attendance to represent the Taylor Smith Road Association.

The Select Board per the ordinance asked the Planning Board to look at the Taylor Smith Road in light of the standards. This request is required prior to the Select Board making a decision whether they should present the road for acceptance as a public road at a Town Meeting.

Chairman Cressy summarized the Board deliberation of the June 25, 2008 meeting. A motion to grant two waivers, upgrade the road per Jim Sysko’s letter, and install a hammerhead turnaround, was denied 3-1. The Board further moved and approved to table the application until July 9, 2008.

Ginger Kelly made a motion to reconsider Larry Engdahl’s motion of June 25, 2008 –

“ Larry Engdahl, referencing Professional Engineer Jim Sysko’s letter dated 5.8.08, made the motion to waive items 1 and 2 dealing with the 18’ roadway width and the grade of 14% which exceeds the maximum, that the Board approve the existing pavement under item 3 of 2.5” thickness with the reminder that the Town will increase this to 3” thickness when they re-surface the present public section, recommend that items 4-10, in agreement with the abutters, will be completed by the abutters at their own expense, and that a hammerhead be created per the recommendation of the Bethel Fire Department. Reggie Brown seconded the motion.”

Ginger Kelly’s motion to reconsider was not seconded.

Minutes Bethel Planning Board 7.9.08 Meeting (cont.)

Since the Board denied Larry Engdahl’s motion at the June 25, 2008 meeting and Ginger Kelly’s motion lacked a second, the issue is deadened.

The Select Board cannot discuss the public acceptance of the Taylor Smith Road without the Planning Board’s waivers for non-compliant items.

Al Cressy proposed that he and Planning Assistant, Vicki Rackliffe draft a letter to the Select Board to convey that the Planning Board reviewed the Taylor Smith Road as built against public road standards and found that it does not meet several standards including grade, width and thickness. The road is therefore not acceptable as a Town road.

Larry Engdahl made a motion, as a matter of record, to send a letter to the Select Board regarding Planning Board actions on the Taylor Smith Road, Reggie Brown seconded the motion.

Board discussion continued. Larry Engdahl made a motion to move the question. The motion was not seconded.

Mr. Cressy surmised that the Board had met their charge regarding the review of the Taylor Smith Road. The Board concluded their discussion and voted on the motion on the floor regarding the Select Board letter. The motion was unanimously approved.

Francis Dumont rejoined the Board.

  1. New Business: 1. Site Plan Review Amendment Application Project Name: Hungry Harry’s Applicant: Mark Harding Location: Map 25 Lot 234

Mark Harding presented the amendment application. Hungry Harry’s is located in the former site of The Taste of Eden restaurant. The Taste of Eden was approved for a capacity of 29 patrons. Mr. Harding would like to increase that capacity to 50 by adding 5 outside picnic tables alongside of the Main Street side of the building. Mr. Harding presented a proposed revised parking plan that would accommodate the additional spaces needed for the increase. The patio/picnic area would take away four current parking spaces.

Chairman Cressy led the Board discussion of the application. A Site Plan Review Amendment does apply because Mr. Harding is asking for additional seating which will require additional parking.

The applicant has provided a copy of a lease agreement, Reggie Brown made the motion to grant the application standing, Ginger Kelly seconded the motion; it was unanimously approved.

The Board proceeded to review the materials in their packets and identify concerns. Parking issues focused on the shared parking of all five businesses in the plaza, the allotment of spaces per business, and the impact of the increased seating on parking. In 2002, 58 spaces based on the 9’ x 18’ standard space criteria were identified in the then Mountain View Mall. That was the basis for The Taste of Eden Restaurant allotment for 29 patrons as well. The Board proposed taking the increment of additional spaces from the Taste of Eden approval. Mr. Harding’s revised parking plan identifies 67 spaces.

Minutes Bethel Planning Board 7.9.08 Meeting (cont.)

The Board had concerns regarding the safety of people sitting in the proposed patio area. The public right of way is 33’ from the center line of Main St. which leaves 9’ for the patio area. Currently there is no curbing along the road. The applicant expressed his willingness to take measures to address any and all safety issues.

Citing parking issues and safety concerns, Larry Engdahl made the motion to conduct a site walk on July 17, 2008 at 5:00 PM, Francis Dumont seconded the motion; it was unanimously approved.

Larry Engdahl made the motion to table the application until the July 23, 2008 meeting, Reggie Brown seconded the motion; it was unanimously approved.

  1. Site Plan Review Amendment Application Project Name: Holidae House Carriage House Applicant: Marcia Foster-Austin Location: Map 25 Lot 144

Laurence Austin and Gray R. Bujnowski presented the application. The project proposes converting the Holidae House Carriage House, currently a commercial space, into an apartment.

Larry Engdahl made the motion to grant the application standing, Ginger Kelly seconded the motion; it was unanimously approved.

Regarding applicability, Chairman Cressy reminded the Board that The Holidae House Carriage House was last approved for a Site Plan Review Amendment in 2006 for the Elements Art Gallery. The property is viewed as a mixed use premises and the conversion of the commercial space to an apartment requires a Site Plan Review Amendment.

The Board reviewed the Application Completeness Checklist. The Board deemed that a letter by the Bethel Fire Chief was not needed and that the Checklist was complete.

Abutters did receive notification of the project. There was no public input for or against the project.

The Board proceeded to review the materials in their packets.

Larry Engdahl made the motion to accept the draft Findings of Fact and Decision as the Final Findings of Fact and Decision, Francis Dumont seconded the motion; it was unanimously approved.

The Planning Assistant verified that all performance standards on the Final Findings of Fact and Decision have been met or are not applicable.

Francis Dumont made the motion to approve the Final Findings of Fact and Decision, Larry Engdahl seconded the motion; it was unanimously approved.

The individual sketches of the interior layout caused some confusion but were clarified with the presentation of a single drawing. Gray Bujnowski presented a slight change to the original layout which entailed reversing the location of the kitchenette and bedroom. Minutes Bethel Planning Board 7.9.08 Meeting (cont.)

A reconfigured drawing of the final interior layout will be provided to the Planning Assistant for the records.

Francis Dumont made the motion to approve the application as amended, Larry Engdahl seconded the motion; it was unanimously approved.

  1. Subdivision Application Project Name: Eagle Ridge Subdivision Applicant: Ronald Savage & Jeffrey G. Stearns Location: Map 27 Lot 36-3

Ron Savage and Don Murphy presented the application. The applicants propose to create a 6 lot subdivision off Vernon Street from a 7.3+- parcel of land. The Board was offered the opportunity to ask questions about the project.

Questions arose regarding lines that were drawn 75’ around the stream and the areas termed as non-build able. Mr. Murphy explained that this intermittent stream meets the regulatory stream classification for the DEP. They surveyed the stream and delineated wetlands to configure the plan so that house sites and road construction was outside of the 75’ setback thus eliminating the need for a NRPA permit. The applicants will need to apply for a Permit by Rule from the DEP for two driveways crossing the stream on Lots 5 and 6.

Also, board members inquired about driveway access to the separately deeded Rick Savage lot and Davis lot, the slivers of land on either side of the road entrance, the sequence of the deed history, the entrance permit to the subdivision, and discussed inclusion of Rick Savage’s parcel as Lot 7 in the subdivision.

The applicants, speaking for themselves and Rick Savage, and the Board were amenable to including Rick Savage’s separately deeded parcel as Lot 7 of the Eagle Ridge Subdivision. Lot 7 would then be subject to abiding by covenants, joining the Association and sharing road costs, and creating a driveway access onto the subdivision’s Eagle Ridge Road.

The applicants agreed to pay an additional $100 fee for inclusion of Rick Savage’s parcel as Lot 7. Also, they will obtain a signed statement of approval of these actions from Rick Savage.

The applicants will show the test pit on Lot 7 on the plan for the next meeting. Rick Savage’s lot had been included in the soils test included in the application materials.

The applicants will delineate the existing driveway access on the Davis lot and the future driveway to Rick Savage’s parcel from Eagle Ridge Road.

The applicants will provide a copy of the entrance permit obtained by former owner Michael Pelletier for the entrance and culvert already in place.

Regarding applicability, Chairman Cressy stated that this application does fall under the Subdivision and Road Design and Construction ordinances. Floodplain and Shoreland Zoning ordinances do not apply.

Larry Engdahl made the motion to grant standing to the application for a 6 lot subdivision as presented, Francis Dumont seconded the motion; it was unanimously approved. Minutes Bethel Planning Board 7.9.08 Meeting (cont.)

The Planning Assistant will complete the Checklist for the next meeting.

Larry Engdahl made the motion to schedule a Public Hearing on July 23, 2008 at 6:45 PM in the Town Office meeting room, Reggie Brown seconded the motion; it was unanimously approved.

A Site Walk was scheduled for Thursday, July 17, 2008 at 5:30 PM.

Larry Engdahl made the motion that the application be deemed complete, Reggie Brown seconded the motion; it was unanimously approved.

Francis Dumont made the motion to table the application until the next meeting, Reggie Brown seconded the motion; it was unanimously approved.

  1. Non-Application Items: Upcoming meetings: Bethel Planning Board July 23, 2008

The Board had a brief discussion regarding on the proposed Ordinance Amendments.

  1. Adjournment: 9:34 PM – Francis Dumont made the motion to adjourn, Reggie Brown seconded the motion; it was unanimously approved.