I Call to Order
Chairman Paul White called the Public Hearing to order at 7:00 p.m.
Present: Jim Jansz, Phil Lowe, Joe McMahon, Tina Vanasse, Paul White, Code Enforcement Officer Brandon Woolley, Recorder Maureen Scanlon.
Guests present: George Sawyer from Sawyer Engineering, Scott Lavoie, Deb Howard, Doreen Gray.
II Public Hearing – Subdivision Plan Review – Rocky Road Acres Subdivision (Property owned by JBH Properties) (Applicant is Scott Lavoie)
Map 3, Lot 21-E (25 Rocky Road)
George Sawyer from Sawyer Engineering reviewed the proposed project and answered questions from the audience.
George stated that the originally proposed project was to create five lots total which includes the lot that Scott Lavoie’s house currently exists on. These lots would be serviced by the existing road (Rocky Road) with an extension of approximately 400 feet added to it. After discussions with Scott, George stated that they would like to change the proposal so that the lot that Scott’s house sits on plus lots 3 & 4 on the submitted plan would remain as one lot. So the northerly side of Rocky Road will remain as one (approximately 10 acre) lot. The two lots on the southerly side of Rocky Road and the one lot on the northerly side will make up the three lots of the revised subdivision. A revised subdivision plan reflecting this change will be submitted at the next Planning Board meeting. The Public Hearing was closed at 7:12 p.m.
Chairman Paul White called the regular meeting to order at 7:13 p.m.
III Correspondence – None
IVI Open to Public Questions – None
V Review of Minutes (July 14, 2015)
Jim Jansz expressed concern regarding an item address at the bottom of page 2 of the July 14, 2015 meeting minutes which references the sentence:
“The Board also determined that based on the Code Enforcement Officer’s recommendations, Phosphorous and Stormwater studies will not be required for this project.”
He stated that his concern is that although there was discussion on the matter at that meeting, the Board did not formally vote on it. Brandon Woolley stated that because of the topography and the slopes of this particular site it was determined, after a great deal of discussion at the last meeting, that it was a non-issue due to the fact that there will not be any additional phosphorous load at this location. Jim stated that since this is something that is really important for the future water quality of Sebago Lake that it should be further addressed during this review process. There was some discussion on this matter before Paul White suggested that this subject be discussed further when this project is being addressed during the course of the regular meeting.
Joe McMahon made a motion to approve the minutes from July 14, 2015 as presented. It was seconded by Phil Lowe. Motion carried with all in favor.
VI Old Business
- Subdivision Plan Review – Rocky Road Acres Subdivision
(Property owned by JBH Properties) (Applicant is Scott Lavoie)
Map 3, Lot 21-E (25 Rocky Road)
During the Public Hearing portion of this meeting George Sawyer distributed copies of the requested Road Profile and Erosion Control plan. A copy of this will be included in the Planning Board file for this project.
Paul White brought up the aforementioned matter of the Phosphorous and Stormwater studies for further discussion. George Sawyer stated that it was his understanding when he left the last meeting that they were not going to have to do a Phosphorous Study or a Stormwater Runoff Study. His file notes reflect that the Board agreed, at the last meeting, that those studies would not be required. Phil Lowe stated that he believes that since this was determined to be a minor subdivision as opposed to a major subdivision that that was the reason it was determined that those studies were not required. Brandon Woolley confirmed that although it is a requirement of a major subdivision project it is not a requirement of a minor subdivision project. He added that there were a lot of things discussed at that
meeting regarding this subject, but the determining factor is that the topography of the location does not warrant the need for these studies. Tina Vanasse asked if this is why the plan has been revised to three lots instead of five. George Sawyer responded that the main reason that the number of lots has been decreased is that the existing road currently serves Scott’s house and will serve the additional two lots which means that no new road construction would be required. If the two other lots were included, that would mean that approximately 400 feet of new road would have to be constructed which would be a considerable additional cost added to the project. There was some discussion on whether or not Scott would be required to pave the road and at what point would that be required. In other words, he does not want to pave the road before the buildings are constructed which would then mean large construction vehicles would be using this paved road
and degrading it before the project is even completed. Brandon mentioned that the town requires a road to not only meet the town’s road standards, but it must also be paved in order to accept it as a town road which would then be maintained by the town. However, there is no paving requirement in the town’s ordinance for a private road. There was quite a bit of further discussion regarding this matter.
The Board proceeded to review the checklist of Statutory Criteria for a Subdivision Review in order to address items that will need further follow-up. Paul White stated that the Board previously determined that a Peer Review will be required. Paul asked Scott to explain to the Board who actually owns the property in question. Scott stated that he owns the property and JBH Properties holds the mortgage. Paul asked if Scott owns JBH Properties. Scott responded that Jerry Hunt in Windham, Maine owns JBH Properties. Scott has a purchase agreement that over time will give him ownership of the property, and actually the closing on this deal is going to be coming up quickly. It was noted that the owner of record at this time is JBH Properties. There was discussion amongst the Board
as they proceeded to review the checklist items which included a more in depth conversation with input from George Sawyer regarding the whole issue of ground water and Jim Jansz’s concerns about the phosphorous and stormwater studies that were brought up at the beginning of this meeting. After this discussion Jim Jansz stated that he withdraws his concern about the phosphorous. However, he mentioned that according to the (Land Use) ordinance (page 4-10) (Schedule of Uses, Section 4 - Groundwater Impact Analysis) the Planning Board shall require a Groundwater Impact Analysis from the applicant. Brandon Woolley pointed out the fact that this section of the ordinance pertains to the Aquifer Protection Overlay District and does not apply in this situation. George Sawyer pointed out that this is a Subdivision Review; that is required of a Site Plan Review which is more of a commercial type operation which would be more inclined to impact the groundwater
such as a filling station. It also does not apply to this area because it is not located in the aquifer overlay.
The Board discussed the possibility of requiring a Performance Bond for the road to be paved at the end of the construction phase of this project. Maureen Scanlon confirmed that all fees have been paid to date. The Board also discussed the requirement of the formation of a Road Association being noted on the plan if the road is not paved. It was again noted that if it is not paved, it will not be accepted by the town as a town road, it will be considered a private road which will be privately maintained (by the Road Association). It was also noted that a private road still must meet the town’s road specifications. Not only does this make it easier for the Road Association to maintain the road if it is not paved, it will also assure that a good base is in place making it more feasible to pave
it at a later date.
Tina Vanasse made a motion to accept this road (Rocky Road) as a private road that must meet the town’s road specifications, but it does not have to be paved. It was seconded by Joe McMahon. Motion carried with all in favor.
The Board agreed on the following requirements for this project:
- An updated subdivision plan showing the three lots instead of five must be submitted.
- An updated road and erosion plan must be submitted.
- The homes will be “stick built”; no mobile homes will be allowed.
- No Department of Environmental Protection approval is required for this project.
- It was noted that the house on lot #2 will be a duplex. This is permitted by the Code Enforcement Officer’s approval. If it were a multifamily (three or more) then it would require Planning Board approval.
- The formation of a Road Association must be noted on the plan.
This project will be added to the agenda for the October 13, 2015 Planning Board meeting.
- Voting Matrix (finalizing process)
- Review of Escrow Funds for “Outstanding” Subdivisions
VII New Business – None
Tina Vanasse made a motion to adjourn at 8:16 p.m. It was seconded by Phil Lowe. Motion carried with all in favor.
Maureen F. Scanlon
Administrative Assistant/Deputy Clerk