Minutes of Planning Board Meeting and Public Hearing

July 12, 2003

 

Frye Island Community Center

                 The meeting was called to order by Chairman Ed Johnson at 8:07 a.m.

Members present: Ed Johnson, Ed Charrette, Marge Hommel, Don Nolen,  Dave Treacy.  Visitors: Stephen Harvey, Pat Cayer (consultant to the Harveys), Marcia Corradini (Harveys' attorney); Bill Foye and island residents listed on the last page.

1.  Public Hearing regarding Final Subdivision Application for Lot 509

                 Ed Johnson opened the hearing by explaining its purpose, and polling the Board members regarding conflicts.  Dave Treacy stated he would not speak or vote on the issue.

                 Harvey:  I have no objection to Mr. Treacy acting on this issue.

                 Ed J:  We can proceed.  Does applicant want to give any remarks?

                 Pat Cayer : He gave a brief overview of the subdivision: 8 lots ranging from more than 1 acre to 1.6 [surveyor] acres on 12 acres total, with 200 feet minimum waterfronts.  We have gone to considerable effort to minimize environmental impact.  The new road will follow along the central ridge, with vegetation ditches on each side, and a culvert to vegetation level spreaders leading to wooded buffer areas.  Significant changes from the previously submitted plat: the buffer in lot 1 has been moved a little.  A single fiberglass 10,000 gallon fire reservoir storage tank is added in the center of the cul-de-sac, for a dry hydrant.  This will be available for the surrounding area as well as the subdivision.

Access for the McFarland/Mclaughlin property will be improved.

The DEP storm water law has effect for developments exceeding 20,000 square feet impervious area.  The developer is asking for a further waiver on the travelled way width to 18 feet (previously waived to 22 feet) to keep the total impervious roadway area to less than 20,000 square feet.

The developer will install a 2 inch main from Ridge Road.  Water engineer/consultant Mark Gray says this is sufficient.

Ron Harper (?) of Portland Water District has no problems with what we proposed.  They requested a plan for long term maintenance of the level spreaders and buffers, in perpetuity.

                 Marge H:  I request comment from our fire chief on the request for 18 foot roadway.

                 Steve Persson:  Last year we had an incident in which an automobile forced one of our fire trucks to swerve into the ditch, with damage to the truck.  An 18 foot roadway is too narrow for fire trucks to pass each other.

                 Marge Hommel:  Are the shoulders strong enough for fire trucks to ride on them?

                 Cayer:  The foundation for the 18 foot road will extend under the shoulder.  The environmental impact will be lessened if the road is 18 feet wide.

                 Harvey:  I have driven the Frye Island roads and, except for the ferry dock area, the widest I found is 16 feet wide.

                 Bob Roberts:  18 feet is too narrow.

                 Kathy Potts:  Is the cul-de-sac radius sufficient for fire trucks?

                 Cayer:  The cul-de-sac radius is 65 feet to the property line, as required.

There will be wider driveway turn-offs, so it should be possible for wide delivery vehicles to pass.

                 Ed J:  a letter from PWD has approved an 18 foot road width.

                 Steve P:  I don't think a fire truck driver should have to look for a turn-out.

                 Tony Torra:  Is there a Town plan to widen the existing roads?

                 Steve P:  Last year we had to drive a fire truck around, especially on High Point, to show certain residents that the truck could not pass their parked vehicles.        

                 Marge H:  Roads need to be wider if people can pass on curves.  Is this taken into account, given the winding nature of the proposed road?

                 Don Nolen:  Who will fill the 10,000 gallon tank?

                 Harvey:  We'll pay the Fire Department to fill the tank.  The tank will be below grade so it won't freeze.

                 Steve P:  I have gone out to other developments in the state.  A 10,000 gallon tank is standard for other developments I've visited in Maine.

                 Don N:  We must be prepared for accidents.  Remember that Raymond had a fire in their new fire barn.

                 Fill Foye:  Is there a better way to fill the tank?

                 Harvey:  It is good fire dept training.

                 Jim Kuiken (inaudible)

                 Ed Charrette:  We are more concerned with the initial fill.  Initial fill could be pumped by the Fire Dept; the association would be responsible to maintain the water.

                 Cayer:  These services are available by tanker truck.

Connie Desjardins:  What is the trade-off between 18 feet and 22 feet road width?

                 Harvey:  The environmental impact.  We are trying to minimize the run-off.

                 Cayer:  The old calculations included all the surface from Ridge Road inward.  If only the subdivision land is considered, then we are way below the 20,000 square feet.  If you take the whole surface, and subtract the existing amount leading to the circle, it is ...

                 Marge H:  Are you counting the part leading up to the subdivision?

                 Cayer:  If we only count that we are way below 20,000 square feet.

                 Ed J:  I don't want to beat this width thing to death.  Shall we vote on this now?

                 Ed C:  I move we reconsider the waiver for 22 feet, to become 18 feet.  Second by Marge H.  Defeated.

                 Ed C:  I move we reconsider the waiver for 22 feet, to become 20 feet.  Second by Marge H.  Considerable discussion.  Passed with Ed J opposing, Treacy not voting.

                 Ed J:  I assume that the Harveys will go back to PWD.

                 Kuiken:  If the DEP gets involved, this will cause much difficulty.  Try to keep the impervious area less than 20,000 square feet.

                 Cayer:  We have not been able to find phosphorus allocations applicable to Frye Island, that would affect this project.

                 Harvey:  I have had conversations with Paul Hunt of PWD, who was very happy with the whole project.

                 Questioner:  What was the basis for determining which roads counted toward the 20,000 square feet? 

                 Cayer:  Our water engineer suggested we include it from Ridge Rd.

                 Foye:  What is the length beyond the existing circle?   Cayer: about 750 feet.

                 Frank Limauro:  How about a narrower road, with a wide passing area?

                 Ed J:  We already voted on the road width.  It is 20 feet now.

                 Cayer:  22,000 square feet gross, minus 4,000 square feet existing, is 18,000 square feet.

                 Carl Hommel:  One of your earlier plans showed diversion onto FII land. 

                 Cayer:  FII already has storm water flow problems due to this low area [pointing to plan].  The project will reduce the problem.  The final plan brings the water closer to the existing circle.

                 Ed J:  Will this be a private road or a public easement?

                 Harvey:  We have a private road association agreement in the package. 

We are offering the road to the Town.  The Town can accept the road, or not.  We have a mechanism which allows turn-over to the Town.

                 Corradini: (inaudible)

                 Ed C:  Are the proposed covenants negotiable with the purchasers?

                 Harvey:  Not the critical ones.

                 Kuiken (to Corradini): What about "perpetuity"?

                 Corradini:  We will delete "in perpetuity".

                 Bob Roberts:  A restriction on satellite dishes violates Federal law.

                 Corradini:  If one covenant violates the law, the remainder survive.

                 Ed J:  Should you add restrictions like those imposed by Leisure Living?

                 Ed C:  We should not be against a higher standard for this development.

                 Ed J:  Any comments on the road maintenance agreement:

                 Kathy P:  If it is a private road, can the police patrol it:   Marge H:  Yes

                 Jim O'Connor:  I am opposed in principle to private roads - Island residents should have the right to walk anywhere.

                 Harvey:  We do not want a gated community.  We prefer that the Town accept the road.

                 Cayer:  It would be helpful if the Board recommends whether it should be accepted by the Town.

                 Ed J:  Do they say that PWD does not ...

                 Corradini:  We have asked PWD to research if they have any old documents on the PWD settlement.

                 Harvey:  We will pay the Town for usage of 8 septic permits.

                 Ed C:  I move that we defer the issue of septic count to the Town.  Second by Marge H; passed unanimously.

                 Ed J:  How do we determine performance bonds?

                 Harvey:  We hope to meet with Wayne, the Public Works Director, and the contractors, and agree to put the funds for the contractors in an account with the money to be released only upon signature of the Town.  The only way the money can be paid is that a letter from Wayne Fournier comes to them, and a payment schedule and a release schedule; and the Fire Chief is he wants to inspect the tank.  The Town has the control over the release of the money.

                 Ed J:  Who drafts the document?

                 Harvey:  It comes from the bank.  We sent the document to Wayne.  It gives the Town control.

                 Ed J:  What about the ordinance? What is the number?

                 Cayer:  We'll put all the money in the escrow account.

                 Marge H:  Is Bill Foye happy with what he's talking about?     Foye:  Yes.

                 (Unidentified):  The point of a performance bond is to avoid someone making payments improperly.  If one person controls it, this can lead to problems.

                 Miscellaneous discussion on how performance bonds work, and problems that some people have seen.

                 Ed J:  Does anyone have any further questions?

                 Bob R:  One concern is the impact on the ferry system.  Big construction vehicles.  We had a problem with respect to modular homes.  During high season we have been forced to put the second ferry on during the week, and have the ferry captains shuttle both boats.

                 (Much confused discussion on this)

                 Harvey:  The clearing contractor will do all the cutting, and collect the cuttings.

                 Questioner:  Can an arrangement be made for some of this to be done on a special basis, from 5 or so in the morning to 7?

                 (More discussion on ferry possibilities)

                 Cayer:  This is going to have to be worked out with Wayne.  We may arrange to mulch the cuttings.  Is there a place we could store the mulch?

                 Ed J:  It sells like gold.

                 Wayne F:  We have piles of stumps, etc from the ice storm.

                 Ed C:  There is too much slash on many island properties.

                 Ed J:  What I didn't want to happen is that we approve this, and all of a sudden the dump's full.

                 Speaker:  We should ask the Selectmen to encourage island residents to collect and remove their unattractive and illegal piles of slash.  The problem is that nothing has been done.  The Forest Service does not have personnel to inspect and enforce the rules on slash.

                 Foye:  If the Harveys bring a log grinder over, the Town can pay for additional usage and convert some of our logs and stumps to mulch.

                 Ed J:  Are there any other questions?  I'll accept a motion to close the hearing.

                 Ed C, seconded by Don N:  I move to close the hearing.    Approved unanimously (Treacy not voting) at 10:07 a.m.

 

2.  Board consideration of Final Subdivision Plan

                 Ed J:  Does the Board want to vote on this now? 

                 Ed C:  I move that we modify the order of issues on the agenda.

                 (seconded and approved).

Ed J:  We should discuss the conditions to apply to approval of the Application for Subdivision.  Before discussing any specific resolution, we should discuss all and have them in writing, because there may be some that the entire Board may not want.  Does anyone have a condition they want applied?

                 Ed C:  The condition that this is not to be a gated community, and access to roadways is similar to other roadways.

                 Marge H:           Is there a legal way to state that people can walk along this road the same as other roads?

Corradini: (mostly inaudible)  offers suggestion as to how to accomplish this.

                 Ed J:      Are there any other conditions?

                 I have a condition:  As we voted, the roadway width shall be 20 feet.   The 10,000 gallon tank be installed.  The impermeable road area must be less than the 20,000 square feet which would trigger a DEP permit issue; we should state this as a condition.

                 Marge H:  It should also be subject to an outside engineer's spending a couple of hours to review the performance before final release.

                 Ed J:  That was not discussed during the hearing.

                 Ed C:     This was discussed during a preliminary hearing.

                 Ed J:  The things we are bringing up now are things that were discussed during this hearing; and we should not now discuss things that were not discussed during this hearing.

                 Ed C:     The town will be provided an escrow.

                 Ed J: (rephrasing):  The applicant will provide to the town ..

                 Ed C:  A certified engineer will review the final product rather than the plan.  Any comment from Bill Foye?

                 Foye: (partly audible): I'm satisfied if performance is reviewed before final release.

Johnson:  another condition  ...

                 Marge H:  We talked about the water.  The Public Works Dept has to approve the proposed water extension which they will build.

                 Ed J:  (summarizing this issue)  The Public Works Dept must approve and water plan.

                 Ed C: Either the Public Works Dept or the water engineers that are working on the water system upgrade project must approve the plan in writing.

                 Marge H: Can we refer this to the Town manager?

                 Ed C:  What we want is a piece of paper from the Public Works Dept or the consultant who may be more responsive to the request.

                 Marge H:  Should we ask the Board of Selectmen?

                 Ed J:  That wasn't discussed at the Public Hearing.  Do you want to re-open it?  (derisive laughter).  We'll just leave that condition on there.  That's fine.

                 Ed C:     A written statement that it's acceptable either to the Town or the ...

                 Ed J:  That the water system design and installation be accepted the Town.

                 Marge H:  That makes me happier; the Town can decide who can approve it.

                 Ed J:  another condition

                 Dick Norris (?): For fire safety, that large buildings, over xx square feet, be sprinklered.

                 Ed J:  We already had discussion on that at a previous meeting.  We felt the water pressure is inadequate.

                 Ed C:  Just as a reminder, there is a 35 foot height limit.

                 Ed J: They have to follow that.  The other condition was that no brush or slash be brought to the Town dump; that it will be ground on site or removed.  We just don't want to go there and see the dump full.

We deferred the septic issue to the Town?  OK.

The monuments ...

                 Marge H:  That's in their proposal.  We approved it.  They changed their  ...

                 Ed Johnson:  OK  As shown in the plan.

What about their letter with covenants and restrictions?  Do we accept it?

                 Ed C:  Two of the issues were for sale signs - that's already been corrected -- and "perpetuity" which is already accepted by them.

What we might put as a condition is that covenants will include the statement that new landowners will follow all the regulations and ordinances of the Town.  That should be a condition, that there be language in the deed covenants that will communicate to new landowners that they are subject to all the rules, regulations and ordinances of the Town.

                 Johnson:  OK.  Is there anything else?  Should we have a motion?

                 Ed C:  I move that the Board approve the subdivision application based on the Final Plan with the conditions that we just discussed.  Seconded by Bill Nolen.

                 Ed J:  Any discussion?  (none)

Voted unanimously (Treacy not voting)

                 Ed J:  Should we recess for 3 minutes?   Agreed unanimously.

 

3.  Meeting minutes

                 After distribution and review in turn, it was moved by Marge Hommel, and seconded by Ed Charrette, that the draft minutes for the June 28 meeting, and the draft minutes for the July 5 meeting, be approved.

 

4.  Organization

                 Ed Johnson stated the he declined to continue as Chairman.

                 Ed Johnson, seconded by Ed Charrette, nominated Marge Hommel to become Chairman.  There were no other nominations, and she was elected unanimously.

                 Ed Charrette, seconded by Ed Johnson, nominated Dave Treacy to be Secretary.  There were no other nominations, and he was elected unanimously.

                 Marge Hommel, seconded by Dave Treacy, nominated Ed Johnson to become Vice Chairman.  There were no other nominations, and he was elected unanimously.

 

5.  Growth Ordinance

                 A draft prepared by Dick Norris was discussed.

                 Foye:  The effectivity is 4 days after the Town Meeting.  There is likely to be a big rush for permits on October 15.  This may be unfair to people who are not nearby.

                 Ed C:  The Board has discussed the impact of  22 permits per year.  this puts a big strain on facilities without time to change.

                 Dick Norris:  To stretch growth out is a goal.  this gives islanders time to work things out.

                 Tony Torra:  This ...

                 Kathy Potts:  I feel sorry for those squeezed out.

                 Dave T:  We should try to have a first public hearing soon; then notify everybody by mail; then have a second hearing.

                 Ed C:  The limit is supported by the Comprehensive Plan and its survey.

                 Marge H:  Other towns do the same

                 Bob R:  There is the issue of prolonging our misery.

                 Foye:  A lottery for permits is bad.

                 Pat Karpacz:  Maine law must supercede.

                 The secretary was directed to put this on the agenda for July 26, for a hearing subsequently.

                 The proposed tree ordinance should be put on the agenda for the next meeting.

                 Meetings are scheduled for July 26 at 8:30;  Aug. 9, 30; Sep. 13, 27; Oct. 11.

 

At 1:30 a.m. it was moved by Ed C that we adjourn.  Passed unanimously.

 

 

                 Secretary's summary of the conditions:

  1.            The subdivision shall not be a gated community; there shall be free access for all people and vehicles the same as on other Frye Island public easement roads.

  2.            The roadway built by Applicant shall have a width of 20 feet.  

  3.            The impervious road surfaces shall be less than the 20,000 square feet which would trigger a DEP permit issue.

  4.            The proposed 10,000 gallon fire reservoir tank shall be installed in the cul-de-sac.

  5.            Funds for the subdivision roadways and water system construction shall be placed in an escrow fund, and a certified engineer shall review and approve performance before Town approved releases of the escrowed funds.

  6.            The subdivision water supply system shall not be put into regular use until it is approved in writing by the Town of Frye Island.

  7.            Brush or slash due to subdivision roadways and water system construction shall be ground on, or removed from, Frye Island.

  8.            There shall be language in the Declaration of Covenants and Restrictions that will communicate to new landowners that they are subject to all the rules, regulations and ordinances of the Town.

 

 

List of visitors

 

Carl Hommel                     68

Wayne Fournier                 1113

John Smart                         267

Steve Catalano                   300

Steve Persson                     889

Jim Kuiken                        323

John Masayda                    63

Joe & Kathy Potts              1633

Bob & Jan Roberts            111

Al & Connie Desjardins    502

Frank Limauro                   74

Pat Karpacz                        1620A

Tony Torra                         1888

Bob & Claire LaDow         17

Dick Norris                        61

Jim O'Connor                     1054


 

  1.            The subdivision shall not be a gated community; there shall be free access for all people and vehicles the same as on other Frye Island public easement roads.

  2.            The roadway built by Applicant shall have a width of 20 feet.  

  3.            The impervious road surfaces shall be less than the 20,000 square feet which would trigger a DEP permit issue.

  4.            The proposed 10,000 gallon fire reservoir tank shall be installed in the cul-de-sac.

  5.            Funds for the subdivision roadways and water system construction shall be placed in an escrow fund, and a certified engineer shall review and approve performance before Town approved releases of the escrowed funds.

  6.            The subdivision water supply system shall not be put into regular use until it is approved in writing by the Town of Frye Island.

  7.            Brush or slash due to subdivision roadways and water system construction shall be ground on, or removed from, Frye Island.

  8.            There shall be language in the Declaration of Covenants and Restrictions that will communicate to new landowners that they are subject to all the rules, regulations and ordinances of the Town.