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Planning Board Minutes 07/13/2010
7:00 p.m.
Tuesday, July 13, 2010
I       Call to Order

Paul White called the meeting to order at 7:00 p.m.

Present: Chuck Archer, Phil Lowe, Paul White, Code Enforcement Officer, Bob DeVilleneuve, and Recorder, Maureen Scanlon.

Absent: Joe McMahon

Guests present: Roger Mercaldi Jr., Don Williams, Richard Eaton, Bruce Weymouth, Deputy Fire Chief Alan Greene, Kurt Christensen, Steven McCandless, Douglas Weymouth.

II      Correspondence – None
III     Open to Public Questions – None

IV      Review of Minutes (June 8, 2010)

Chuck Archer made a motion to accept the minutes from June 8, 2010.  It was seconded by Phil Lowe.  Motion carried with all in favor.

V       Old Business

a.      Subdivision Plan Review – Revised “Hanson Brook Valley” Subdivision – (Richard Eaton) – Map 10, Lots 11, 11A, 11-1 thru 11-5

Dick Eaton presented the Preliminary Plan for this project which included the detailed Stormwater Management Plan as prepared by Jon H. Whitten, Jr., P.E., Project Engineer for Terradyn Consultants, L.L.C.  He also submitted a letter from Mr. Whitten dated June 6, 2010 attesting to the fact that this proposed 11 lot subdivision off Convene Road is NOT REQUIRED to obtain any permits from the MDEP.  There was some discussion on this information with Mr. Eaton answering the Board’s questions regarding the specifics of his submittals.  It was noted that on June 29, 2010 an additional amount of $671.60 was paid in fees by Mr. Eaton.  The breakdown of this fee is as follows; Plan Fee = $15.00, $5.00 x 31.32 acres = $156.60, $100.00 x 5 lots = $500.00.  It was also noted that this information has been reviewed and accepted by the Code Enforcement Officer.    
A Site Walk will be held at this location on Saturday, July 31, 2010 at 8:00 a.m.

A Public Hearing will be held on this project on Tuesday, August 10, 2010 at 7:00 p.m. before the regularly scheduled Planning Board meeting.

b.      Eric’s Way Subdivision – Kurt Christensen – Map 11, Lots 1-1 thru 1-8

Kurt explained that he is resubmitting this subdivision application in order to eliminate the installation of sprinkler systems in the buildings which was included as a required condition of the originally approved plan.  Kurt stated that he is not sure how the proposed Dry Hydrant Ordinance may or may not affect his request to eliminate the installation of sprinklers and his proposal to provide access to a fire pond instead.  The Board decided to allow Deputy Fire Chief Alan Greene to speak on his agenda item first for clarification on the matter (See agenda item “New Business – a. Dry Hydrant Ordinance” below) and then return to this agenda item.    
(Continuation of discussion)

After considering the information provided by the Deputy Fire Chief, Paul White made note of the fact that whether or not the Dry Hydrant Ordinance is implemented, the Fire Department would still be involved in determining whether or not that particular location at the apple orchard is appropriate for use as a fire pond.  The question that Kurt has presented to the Planning Board is “can he change from the requirement of the subdivision to install sprinklers to the use of a cistern?”  The Board determined that if this cistern was located on the actual subdivision property, then just an engineering plan would have been required.  The fact that it is located on someone else’s property presents problems that need to be resolved, such as the right to develop it as a fire pond.  Kurt explained that he discussed the possibility of using this location as a fire pond with the Fire Chief who said it would be a good location but that it does not have a dry hydrant which means there is no way to easily extract the water from the pond.  He stated that John Lucy, the property owner, agreed to allow Kurt to install a dry hydrant at this location.  Paul White explained that normally it would be the property owner installing a dry hydrant on their own property, therefore there needs to be a legal document allowing for this use of someone else’s land in order for it to be a considered for a revision to the subdivision approval.  This would allow the Fire Department a legal right of use for fighting fires, but also for the maintenance of the access point on an ongoing basis.  Some discussion ensued on this matter.  Kurt mentioned if he is allowed to install a dry hydrant at this location, it would not only benefit his subdivision, but also every property located in this area.        

The Board determined that the following requirements need to be met, so far, in order to proceed;

1.)     Mr. Lucy needs to grant an easement to the Town (for the right of use by the Fire Department and the Public Works Department),
2.)     An engineering/hydrologist report to be approved by the Fire Department must be submitted.

It was noted that Kurt’s application is complete at this time and he paid his $35.00 application fee on June 29, 2010.  Eventually, the Mylar copy of the subdivision plans and the actual plan that gets signed by the Planning Board members will have a change to line item #24 reflecting the deletion of the sprinkler system requirement and the addition of the Fire Pond.  Paul White reiterated that a sketch of the property, the easement granted from Mr. Lucy, and an engineering plan on the Fire Pond are required.  The sketch plan should show the location of the easement and the pond itself, and the easement must allow regular maintenance for access to the pond.  
This project will be added to the agenda for the August 10, 2010 meeting.

c.      Planning Board Vacancies (3 positions)

Maureen Scanlon mentioned that she has been notified that Mr. Richard Perry has been appointed to the Planning Board by the Board of Selectmen; however, she has not had any contact from him or responses from her e-mail messages to him.  She stated that she would try to contact him by sending a letter to his mailing address.  The Board asked her to report back to them as to whether he has decided to decline the position.  The Board acknowledged the fact that if Mr. Perry does join the Board, this will still leave two vacant positions to be filled.

VI      New Business

a.      Dry Hydrant Ordinance – Deputy Fire Chief Alan Greene

Deputy Fire Chief Alan Greene stated that he has been asked by Fire Chief Ken Littlefield to follow-up with the Planning Board on this matter in his absence.  Alan explained the history of, and the need for, this proposed ordinance.  He further explained that he and the Fire Chief are working on “fine tuning” this ordinance and would then like to have the Planning Board’s support in adopting and enacting it.  He expressed concern over the fact that there have already been some developers required to install sprinkler systems as a condition of approval which negates the need for a dry hydrant at those locations.  However, dry hydrants are definitely needed throughout town which would then negate the requirement for sprinkler systems to be installed.  These are some of the things that need to be considered when not only developing this ordinance, but also during the Planning Board’s approval process.    

Alan explained that a minimum of 30,000 gallons is needed for an adequate water supply when fighting a fire.  This amount is equal to two swimming pools of water.  However, when considering a location for a fire pond, an engineering report is required not only to determine the amount of water in the pond, but also how many months of the year it is expected to maintain at this level.  There was some discussion on sprinkler systems versus fire hydrants for firefighting purposes.  Alan stated that sprinkler systems are better for a quicker response time in fighting the fire; however, it all depends on how well the system is being maintained by the property owner.  If the system is shut down by the property owner it could actually be worse because the fire department is not aware of the situation and they may assume that water is getting to the flames internally while they fight the fire externally.  It was also mentioned that in a rural setting, when there is a power outage, the water pump won’t work for the sprinkler system, unless there is a backup power source.  Quite often this backup power source is an additional cost that the home owner or contractor does not want to pay.   

There was some discussion regarding the specifics of this ordinance with suggestions being made by the Planning Board members for the “fine tuning” that the Chief and Deputy Chief intend to do on this document.

b.      CEO Suggestions on L.U.O. & S.L.Z. Update

Bob DeVilleneuve stated that he is working on developing a manual for each Planning Board member with current copies of each of the ordinances that pertain to their realm of authority, basically so that everyone is on the same page when making decisions.  He is planning to present them at the next meeting.  He stated that in reviewing these ordinances he has identified some items that need to be addressed for “fine tuning” in the Land Use Ordinance such as Marinas, etc.  He is making a list for review by the Planning Board at a later date.  
c.      Review of Dock/Pier Permitting Procedures

Bob DeVilleneuve initiated discussion on just what is considered a permanent structure as opposed to a temporary structure and what role the Planning Board plays in the permitting of these structures.  According to the Shoreland Zoning Ordinance a deck or pier is a permanent structure and must be approved by the Planning Board and not the Code Enforcement Officer.  Bob suggested that we need to develop guidelines for the Planning Board to follow in order to address these items.  There was discussion for clarification on permanent structures versus temporary structures and the fees associated with them.  Bob stated that a temporary dock is not to remain in the water more than seven months a year and therefore a new permit is needed annually as opposed to a permanent structure that only requires an initial permit.  This needs to be “fined tuned” in the ordinances.  Phil Lowe mentioned that he can not find anything in the existing documents that supports the annual permitting requirement therefore if a dock permit has been issued initially then it should remain in effect unless any changes are made to the structure itself; even if ownership of the property changes.  It was suggested that some research be done to find out how other towns, that border Sebago Lake, are handling the permitting of docks in their town.  

This item will be added to the agenda for the August 10, 2010 meeting.

d.      Condominiums (in general)

There was discussion regarding condominiums, in general, which will be continued at the next meeting.  

This item will be added to the agenda for the August 10, 2010 meeting.  

e.      Miscellaneous Item

The previously approved Taralaine Subdivision was brought up for discussion.  It was noted that there are safety issues that were stipulated as conditions of approval for this subdivision that were never followed up on and therefore are still not completed.  The Planning Board asked that the Code Enforcement Officer not issue any permits in this subdivision until the safety issues are addressed and completed as stipulated in the Conditional Approval.      

This item will be added to the agenda for the August 10, 2010 meeting for follow-up discussion.

VII     Adjournment

Chuck Archer made a motion to adjourn at 8:37 p.m.  It was seconded by Phil Lowe.   
Motion carried with all in favor.

Respectfully Submitted,
Maureen F. Scanlon
Administrative Assistant/Deputy Clerk