A.      Call To Order
The meeting was called to order at 7:00 p.m.

B.      Roll Call

Present: Phil Hunt, Chair, Martha Porch, Beth Howe, Terry Turner, Joe Taylor, Stephen Sloan, Tom Powers

Staff:  Carla Nixon, Assistant Town Manager / Interim Town Planner, Pam Bosarge, Board Clerk

C.      Minutes of Prior Meetings
Ms. Howe moved to approve the minutes of the November 19, 2002 meeting as presented.

Mr. Powers seconded.                                VOTE:  Unanimous

D.      Consent Calendar / Deminimus Change Approvals
        There were no Consent Calendar items.

E.      Hearings and Presentations

1.      Public Hearing  To recommend to the Town Council the adoption of an amendment to Section 424.4.4.1 (Business Directional Signs  Location) of the Cumberland Zoning Ordinance to allow directional signs at the Town intersection of Middle Road at Greely Road.

Mr. Hunt reviewed the proposal clarifying the Planning Boards role would be to recommend a change to the Town Council.  He stated Ms. McPheters; the Code Enforcement Officer is in favor of the proposed change.  There is currently one existing directional sign for Val-Halla.  Mr. Hunt explained the proposed intersection has two businesses R.C. Hazelton and Storey Bros.

Mr. Powers asked what guidance would be used for the sign regarding color, size and number allowed at the intersection.

Mr. Hunt reviewed Section 424.4 Business Directional Signs which describes the size, color, number, letter size etc. for signs.   

Mr. Powers asked if there would be a conflict with the number of applicants and the number of allowed signs.

Ms. Nixon stated Ms. McPheters had not indicated there would be a problem with numbers.

The public portion of the meeting was opened.

Ms. Melinda Williams, Practice Manager for the Animal Clinic at 212 Greely Road stated she had initiated the sign request.  The Animal Clinic had requested a directional sign be placed at the intersection of Tuttle and Middle Roads.  The Department of Transportation had told her they could not issue the sign unless there was a sign with direction at the intersection of Middle and Greely Roads.  A sign at Tuttle and Middle Roads would not give adequate directions.  Ms. Williams stated a sign would be helpful for pet owners with emergencies.  

Mr. Powers moved to recommend to the Town Council the adoption of an amendment to Section 424.4.1 (Business Directional Signs - Location) of the Cumberland Zoning Ordinance to allow directional signs at the Town intersection of Middle Road at Greely Road.

Ms. Howe seconded.                                         VOTE:  Unanimous

424.4.4          Location:

2.      Public Hearing - Major subdivision re-approval of Westbranch Subdivision an 18-lot subdivision on Blanchard Road Extension next to Stonewall Drive, 68.5 acres, Tax Assessor Map R07, Lots 93A, 93B, 93C and a portion of Lot 93, RR2 zone.  Chase Custom Homes, applicant, Jim Fisher, Northeast Civil Solutions representative.

Mr. Hunt stated the application is a re-approval of the subdivision that was approved in December 2001 conditioned upon the applicant receiving DEP approval.  DEP approval was received in October 2002.

The applicant received final approval on December 18, 2001 and is seeking final review for a re-approval of a major 18-lot subdivision located off from Blanchard Road Extension in West Cumberland.
BACKGROUND:
September 6, 2000: The Planning Board conducted a site walk with Chase Custom Homes & Finance, Inc. on the property of the proposed development.  At that time, Chase was tentatively proposing the development of 24 luxury condominium units clustered off three separate roadways.
October 10, 2000: The applicant met with the Planning Board for a pre-application meeting to discuss density calculations and road access.  Under the then proposed plan, it was determined that 16 units would be allowed.  The Board also expressed interest in a through street, rather than the proposed three dead-end clusters.  No formal action was taken.
February 20, 2001: The applicant returned with an 18 lot dispersed subdivision.  The Planning Board accepted the dispersed design and determined that the application was complete.
March 20, 2001: The applicant appeared before the Planning Board seeking preliminary approval. The Planning Board did not grant preliminary approval, and asked the applicant to address a number of issues and then appear again at a later date.
June 19, 2001: The applicant appeared before the Planning Board seeking preliminary approval, which was granted. This approval was conditioned on the following: 1) That all fees are paid as required. 2) That a phased letter of credit be drafted prior to final approval. 3) That an "urban sidewalk design be implemented with a grassy esplanade separating a sidewalk, with no curb. 4) That Fire Chief Smalls concerns as noted in his 12 February 2001 memo is addressed and his notes are added to the final site plan drawing.
October 16, 2001: The applicant appeared before the Planning Board to request an extension of the Preliminary Major Subdivision approval. This request was made because the applicant was concerned that the 6-month period of validity of the preliminary approval might expire while the state DEP reviews the Common Scheme of Development application. The Board granted an extension to the first regularly scheduled Planning Board hearing after DEP approval is granted. The DEP approval is still pending.
December 18, 2001: The applicant received final major subdivision approval with conditions of approval, one of which was to receive DEP approval.

PROJECT STATUS:
DEP approval, with conditions, was received last month.  These conditions of approval from DEP have been reviewed by Bill Shane of Gorrill Palmer (the Towns peer reviewer) and also by the Towns Public Works Director and CEO/Building Inspector.  These conditions of approval have been reflected on the plan.

PROJECT DESCRIPTION:    
Water:  Individual drilled wells on each lot.
Sewer:  Individual septic systems on each lot
Fire Protection:        Homes to be sprinklered.

DEPARTMENT HEAD REVIEWS:
Barbara McPheters:      See memo, dated December 10, 2002
Adam Ogden:     No new comments.
Bill Shane:     See memo, dated December 10, 2002.
Rescue Chief Bolduc:    No new comments.
Police Chief Charron:   No new comments.
DISCUSSION:
1.      OPEN SPACE: It appears that the Town had indicated willingness to take ownership in order to preserve and improve public access.  A deed needs to be created and presented to the Town Council for approval.  The applicant delayed on this in order to see if DEP approval substantively changed the plan.

2.      LETTER OF CREDIT / PERFORMANCE BOND: The standards of Subdivision approval found in Section 4.4(D) 7 and (E) 2 require that a letter of credit or a performance bond be provided by the applicant to cover costs of roadways and public improvements.  At preliminary approval the applicant indicated that a phased letter of credit would be provided, matching the proposed phased construction of the project.  Now, however, the applicant proposes to build the entire roadway and its associated public improvements in a single phase.  Therefore, a phased LOC is no longer required, but an LOC or performance bond is still required.
Recommendation:  The Board may grant final approval conditioned upon the provision of an LOC or performance bond, but until one or the other is filed with the Town Managers office the Final Plan shall not be released by the Town for recording at the Registry of Deeds.

FINAL SUBDIVISION REVIEW:
At its February 20, 2001 meeting the Planning Board deemed the subdivision application complete.
At its June 10, 2001 meeting the Planning Board granted preliminary approval.
At its December 18, 2001 meeting, the applicant received final subdivision approval, with conditions.
At the December 17, 2002 meeting the Planning Board was asked to grant re-approval of the final approval with conditions.

Mr. Jim Fisher, of Northeast Civil Solutions reviewed the proposed subdivision plan.  He stated there were no changes to the stormwater, or road easements, and the setbacks for the wetlands were determined to be adequate.  The DEP requested a Common Scheme of Development review due to the previous development of Stonegate Estates.  An archeological study was also required to be done for West Cumberland, which caused an untimely delay.  

Ms. Howe asked if there would be any problem with the well location on Lot four.

Mr. Fisher stated Sevee and Maher had reviewed the well locations.  Mr. Shane of Gorrill Palmer had commented the well should be placed as close to the house as possible.

Mr. Taylor asked about building the entire road and not staging the construction of the road.  He stated a road built with no traffic would deteriorate.

Mr. John Chase, applicant stated they plan on building both sides of the road from Stonewall Drive and Blanchard Road Extension as specified by the DEP.  The middle section of the road would be connected when DEP gave approval.

Mr. Powers asked if there were going to be streetlights as proposed.

Mr. Fisher answered yes.

Mr. Powers asked if the applicant had any problems with Mr. Shanes peer review comments in the letter dated 12/10/02.

Mr. Fisher stated that all but two of the conditions were suggestions.  Number eight has been done, and number two has been corrected to be 33.

The public portion of the meeting was opened.

Mr. Field, of 346 Blanchard Road stated he has a pond on his property and asked if there would be seepage from septic systems that would pollute the pond.

Mr. Fisher stated the nitrate plumes show the sub-grade flow in the opposite direction from the pond.

Mr. Hunt told Mr. Field he has a lovely pond and the Board had been out to inspect his pond during the review of Stonegate Estates for fire protection.

Mr. Hunt asked if Mr. Ogden was comfortable delaying the performance bond until the pre-construction meeting.

Ms. Nixon stated yes and there would be a condition noted on the plan.

Ms Nixon stated the findings of fact were the same as the previous approval.

The Board reviewed the Proposed Findings of Fact with the following findings:

Proposed Findings of Fact  Subdivision Ordinance, Section 1.1:


The applicant has provided a letter from Gorham Savings bank indicating financial capacity.  Additionally, the Planning Board previously requested a phased Letter of Credit, however the applicant is now proposing to build the entire road and associated public improvements in a single phase, thereby obviating the need for a phased letter of credit. A performance bond or letter of credit, unphased, is still required.  A letter of credit will be provided following a meeting with Public Works Director and applicants contractor regarding a statement of values for infrastructure improvements.  This will be provided prior to releasing the plat for recording.
        The standards of this section have been met.


All rivers, streams and brooks have been mapped and shown on the plans.
The standards of this section have been met.

Ms. Porch moved to approve the proposed findings of fact as presented.

Ms. Howe seconded.                                  VOTE:  Unanimous

Ms. Nixon reviewed the Recommended Conditions of Approval
1.      That all fees are paid as required.
This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant.  Any variation from the plans, proposals and supporting documents, except deminimus changes as so determined by the Town Planner which do not affect approval standards, is subject to review and approval of the Planning Board prior to implementation.
Mr. Turner asked about Ms. McPheters concern in her memo dated 12/10/02 regarding whether lot # 18 was a buildable lot.

Mr. Fisher stated yes, the lot is approximately a 1-½ acre parcel.  A typical house is 24 to 28 in depth.  There may not be space for a pool or deck, but a sizeable house could fit in the building envelope.

Ms. Porch moved to grant major subdivision re-approval, with the standard and proposed conditions of approval, for Westbranch Subdivision an 18-lot subdivision on Blanchard Road Extension, 68.5 acres, Tax Assessor Map R07, Lots 93A, 93B, 93C and a portion of Lot 93, RR2 zone, Chase Custom Homes, applicant, Jim Fisher, Northeast Civil Solutions representative.

Mr. Powers seconded.                                       VOTE:  Unanimous

3.      Public Hearing  Preliminary and Final Plan Approval Major Subdivision: Ridge Road Subdivision, five (5) lot residential subdivision on Bruce Hill Road; Tax Assessor Map R07, Lot 5B, RR1 zone, Jerome and Carol Watts, owners and applicants.

Mr. Hunt stated the Ridge Road Subdivision had been tabled from the November 19, 2002 meeting pending reports.  The applicant has requested preliminary and final approvals.

Ms. Nixon presented background as follows:

HISTORY:

DESCRIPTION:
        



Sewer:         Individual private septic systems.  Soils analysis complete.

Utilities:      Letters from CMP and Time Warner Cable indicate service can be provided.

DEPARTMENT HEAD REVIEWS:

DISCUSSION:
1.      Relocation of the existing trail network.  Width of easements (from Bruce Hill Rd. to open space: 10; along rear open space area: 20)
2.      Use of snowmobiles permitted during winter months from 8:00 a.m. to 8:00 p.m.
3.      25% open space will be deeded in common to the 5 lot owners with each one owning a 1/5 share.
4.      Comments made by Tom Saucier, SYTDesign re: culvert dimensions and drainage easement widths have been reflected on new plan.
5.      Letter of Credit requirements to be determined by PWD Director and SYTDesign in consultation with applicant.  This to be done as a condition of approval.
6.      The two shared driveways have been named as per the ordinance.
7.      Letter from Pine Tree Waste re: solid waste removal for the subdivision
8.      Letter from Jeff Edelstein of Cumberland County Soil and Water Conservation District received.
9.      Housing Declaration-Covenants have been review by the Town Attorney and the Board received comments.
10.     No waivers are being requested.
Mr. Watts, applicant reviewed the changes to the plan.  He stated he had staked out the centerline for Mr. Creamer to inspect the trail location.  He reviewed the notes that had been added and changed on the plan.  

Mr. Taylor asked about the voluntary no cut zone, was this voluntary by the developer and mandatory of the property owner?

Ms. Nixon stated the ordinances dont require a buffer, however the developer is requiring the buffer to maintain as much of the character and natural state of the property as possible.

Ms. Porch thanked the developer for his effort to work out a solution to allow snow machines on the trail.

Mr. Turner asked Mr. Watts if he had a choice would he maintain a snowmobile trail.

Mr. Watts stated that personally he would have preferred four-acre lots with a buffer.

Mr. Turner stated the Maine Snowmobile Association states that snowmobile trails could not be closer than 200 feet to a residence.

Mr. Powers asked if they were advisory regulations.

Ms. Howe asked if it were state law?

Mr. Hunt stated there are existing trails, which are closer than 200-feet to a residence.  He would look at the rule.  Mr. Hunt reviewed the Maine State Snowmobile Association regulations.  There is an exception to the 220 distance for trails in when the rider has permission to use the trail or the rider owns the land.  The trail with an easement means  permission has been given for the snowmobile machine.

Mr. Sloan and Ms. Howe both thanked the applicant for his willingness to work with the snowmobile club to achieve a trail.

The public portion of the meeting was opened.
Mr. Mike Creamer, Trailmaster, Moonlite Sno-Skimmers Snowmobile Club stated the club maintains forty miles of trails and was concerned with the 8:00 a.m. to 8:00 p.m. restriction.  There may be some riders on the trails later than 8:00 p.m. and questioned the enforcement mechanism.  He also stated he has been on trails in the County where trails were 15-20 feet from houses.  If it were a problem he felt the Maine State Association would have addressed the distance for trails.

The public portion of the meeting was closed.

The Board reviewed the proposed findings of fact with the following findings:

Proposed Findings of Fact - Subdivision Ordinance, Section 1.1:
The purpose of these standards shall be to assure the comfort, convenience, safety, health and welfare of the people, to protect the environment and to promote the development of an economically sound and stable community.  To this end, in approving subdivisions within the Town of Cumberland, Maine, the Board shall consider the following criteria and before granting approval shall determine that the proposed subdivision:

7.      Municipal solid waste disposal.  The proposed subdivision will not cause an unreasonable burden on the municipalitys ability to dispose of solid waste, if municipal services are to be utilized;

1.      That all fees are paid as required.
2.      That a statement of values be drafted by the applicant and the Public Works Director and a letter of credit obtained by the applicant, prior to the releasing of the plat for recording.
3.      That the applicant complies with any other conditions the Board chooses to impose.

Ms. Porch moved to grant Preliminary and Final approval with the standard and recommended conditions of approval for Ridge Road Subdivision, a five (5) lot residential subdivision on Bruce Hill Road; Tax Assessor Map R07, Lot 5B, RR1 zone, Jerome and Carol Watts, owners and applicants.

Mr. Taylor seconded.                                VOTE:  Unanimous

F.      Administrative Matters

Ms. Nixon stated at the workshop with the Town Council the question of having houses with sprinkler systems was addressed.  She has posed the question to Town Attorney Natalie Burns as to how to make a positive finding on fire protection without requiring sprinkler systems.  Ms. Burns stated it is able to do so, the first step would be to determine existing protection and its proximity to new developments, and draft language specific to areas of Town.

Mr. Hunt stated the Board has been guided by the recommendations of the Fire and Safety Chiefs.

Ordinance Changes  Ms. Nixon stated the Council has adopted the housekeeping changes.  Ms. McPheters will continue to review the Ordinance to let us know if there are other items she would like addressed.

Mr. Hunt stated the sign ordinance is very specific, and the flexibility in Home Occupation signs is to avoid commercial appearances in residential neighborhoods.

Ms. Nixon stated Rockwood Senior Housing may request a subdivision revision to allow duplex dwellings instead of clustered units.

The meeting was adjourned at 8:30 p.m.

A TRUE COPY ATTEST:


_____________________________                        ________________________
Philip C. Hunt, Board Chair                                 Pam Bosarge, Board Clerk