Minutes of Planning Board Meeting and Public Hearing
June 28, 2003
Frye Island Community Center
The meeting was called to order by Chairman Ed Johnson at 4:15 p.m.
Members present: Ed Johnson, Ed Charrette, Marge Hommel, Don Nolen, Dave Treacy, Tom Burgess. Visitors: Stephen Harvey, Pat Cayer, Bill Foye and island residents listed on page 3.
1. Public Hearing regarding Proposed Subdivision Application for Lot 509
Pat Cayer introduced himself as planner for the Harveys. He noted that the property is undeveloped except for small cottages near the western beach. He then described the topography and roadway design. The road will have a maximum grade of 5.6%. Regarding environmental concerns, he stated that impervious areas include houses, roads and driveways. To control the phosphorus run-off from impervious areas, the run-off is led to "level spread areas" which allow run-off to be absorbed. Each lot owner will be required to provide an engineering study of the environmental impact of his plan for that lot. Shoreview Cir. (on FII land) will be re-built by the developer to drain to spreaders. Portland Water District has been consulted, and the developer has agreed that all septic systems will be at least 200 feet from the shoreline unless waived by PWD.
The developer is requesting a waiver from the Land Use Ordinances requirements for road surface and width, and for granite monuments along road curves.
Ed Charrette pointed out that the names on lot 502 are reversed.
Ed Johnson asked if the final plan will be stamped.
Pat Cayer said the McFarlands will get a deeded 50' right of way across one of the subdivision lots.
Don Nolen asked if the final plans will provide a dry hydrant for re-filling fire trucks.
Carl Hommel said the Planning Board should ask for formal approval by the fire Chief.
Regarding road width, Stephen Harvey said he had measured the more important roads on the island. Typically they are 14 to 16 feet wide.
Regarding the Maine DEP rule, Mr. Harvey said it is not applicable to the subdivision, because the total road area is less than 1/2 acre; the state DEP requirements apply only to property of one acre or greater. Bill Foye said he believes the March 10, 2003 program does apply. Mr. Harvey will provide a written approval.
Tom Burgess asked if the deed covenants would be different from those of Leisure Living. After discussion it was clear that they would be different.
Steven Orszag asked what was the relationship or similarity to Leisure Living, and what would be the impact on our water system.
Ed Charrette asked if it would be an acceptable condition that the road would be open to all people.
Dick Norris asked if the Harveys will agree that a "public easement" will be granted for the road. Regarding the ordinance requirement that subdivision roads be asphalt, he noted that driveways are always considered impervious. Messrs. Cayer and Harvey emphasized that erosion control will be the responsibility of each lot owner.
Carl Hommel pointed out that at a previous meeting the Selectmen were adamant that the town will not be responsible for maintenance of the subdivision road.
Paul Bourque asked what is the outside diameter of the circle at the end of the road. Pat Cayer said it is 65'.
Nan Keup expressed concern about any added burden on the town water system, because for the last 2 days water pressure at her house was negligible while the pool is being filled. The Keup house appears to be served by water mains different from Shoreview Circle. Pat Cayer said their engineers would get in touch with the town Public Works Dept regarding water needs.
Diane Babineau asked if the subdivision will be within the 750 septic system limit. Mr. Harvey said he had a letter from PWD to Vic Richards saying the Porell property is not part of the 750 septic system limit. He will provide a copy of the letter to the Planning Board and the Town.
Dave Treacy moved, and Ed Charrette seconded, that the Board has all needed information for preliminary approval. The motion was withdrawn for further discussion.
Pat Cayer requested a vote on the waivers needed for the subdivision plan. It was moved by Marge Hommel, seconded by Ed Charrette, and passed unanimously that a gravel road surface will be acceptable. It was moved by Don Nolen, seconded by Ed Charrette, and passed unanimously that the proposed road width (two 9 foot travel lanes and three feet of shoulder on each side) will be acceptable. Regarding granite monuments, after discussion that there be one granite monument at each side of the road entry to the subdivision, one at the center of the cul-de-sac, with re-bar at the corners of lots and road curves, it was moved by Don Nolen, seconded by Ed Charrette, and passed unanimously that this would be acceptable.
The Board then voted that the subdivision plan would be considered preliminarily acceptable.
2. Non-conforming lot Warrant Article. It was moved by Ed Charrette, seconded by Don Nolen, and passed unanimously that the proposed article as revised by Dick Norris be accepted and forwarded to the Board of Selectmen. Dick Norris noted that Bruce Nisula had expressed worry about contiguous lots.
3. Proposed Growth Ordinance. Sylvia Brownstein asked if this would affect expansion of an existing house, and was told, "No".
Dick Norris suggested that such an ordinance be formatted to become Article V of Chapter 101, land use ordinances.
Ed Charrette moved, and Dave Treacy seconded, that the Town accept only up to 10 building permit applications this year, pending passage of the growth ordinance. There was no vote on this motion. It was noted that growth ordinances which are upheld all are based on an average of a fixed number of years. Ed Charrette said that the average number of building permits for 10 years, 1993-2002, was 8.6. Ed Charrette moved, Dave Treacy seconded, and it was passed unanimously, that the draft ordinance be acceptable in principle, but the yearly limit be 9 permits. The language is to be polished in July.
4. Tree Ordinance. Ed Charrette moved, Ed Johnson seconded, and it was passed unanimously, that this be tabled.
5. Minutes. After review of the draft minutes Ed Charrette moved, Marge Hommel seconded, and it was passed unanimously, that the draft minutes for the June 7 and June 14 meetings be accepted. Ed Johnson abstained with regard to the June 7 meeting which he had not attended.
Marge Hommel moved, Don Nolen seconded, and it was passed unanimously, that the next regular meeting be set for 8:00 a.m. on July 12, and that a short working meeting be set for 8:30 a.m. on July 5.
At 6:21 p.m. Dave Treacy moved and Ed Charrette seconded that the meeting be adjourned.
Visitors Lot No.
Fred & Sylvia Brownstein 251
Dick Norris 61
Bob & Vera Martin 895
Bertil & Carol Quist 1727
Paul Peterson 282
Steven & Reba Orszag 70
Diane Babineau 1305
Joanna Hartman 1302
Paul (illegible) 1602
Paul Dysenchuk 302
Fred Mueller 379
Bill & Nancy Keup 1309
Carl Hommel 68
Paul Bourque 1682