EDGECOMB PLANNING BOARD

MINUTES, DECEMBER 17, 2009

 

1.  Call to Order

 

Chairman David Boucher called the meeting to order at 6:30 p.m.

 

2.  Roll Call

 

Members present were David Boucher, Jack French, Barry Hathorne, Pat Jeremiah, and Jarryl Larson and alternates David Nutt and Amber Tonry.

 

PUBLIC HEARING

 

3.  John Rioux, Salt Point Subdivision - Resource-based subdivision preliminary application, 385 River Road, Map R-6, Lots 46 and 48

 

Karl Olson, Land Surveyor, presented the application for a 14-lot resource-based subdivision on 35-1/2 acres, currently in two parcels.  He pointed out the common areas, one of which leads to a previously approved dock. 

 

Steve Roberge, SJR Engineering, Augusta, Maine, who had designed the 3400-foot long paved private road, said it follows roughly the woods path on the site.  The road will be 20 feet wide with two-foot shoulders and will include the standard amount of gravel required by ordinance.  A stream crosses the property and a DEP permit by rule has been obtained for a culvert to be reinstalled at that location.  There is a 10-foot fill where the stream crosses and a 20-foot long pipe will be installed as a culvert because of the grade. A storm water permit will be applied for which will examine impacts of the stream crossing.  The road has been designed according to maximum (12%) and minimum grades as set forth in the ordinances.  

 

Roberge said MDOT has issued a road opening permit for the subdivision.  Each lot has been tested for suitable soil for septic sites.  The design of the road will have cuts and fills and Roberge explained the normal erosion control measures that will be employed.  The DEP stormwater permit will require best management practices and will include the basic standard, which is erosion control, and the general standard addressing in a vegetative manner.  Proposed grades range from 1% at the beginning of the road to the maximum grade of 12%.  A 10,000-gallon tank for fire suppression will be installed on the side of the road for access by the fire department.  An existing tree in the middle of the cul-de-sac will be incorporated into the design and there will be adequate room for fire equipment.  Roberge noted the lengthy erosion control narrative was also included on sheet 5 of the drawings.

 

Mark Cenci, Mark Cenci Geologic, Inc., North Yarmouth, Maine, a geologic consultant, described the three types of soil (sand, silt, clay) that can be found on the site.  The land is well drained and has good infiltration.  Water is draining into the ground, and therefore is not running off and creating an erosion problem.  There are no vernal pools on the property.  Cenci said he had looked into the effects of the development: wastewater going into the ground and capacity of land to supply drinking water. 

 

Lisa McSwain said more information needs to be gathered before the board gives approval.  She said outside sources should look at soil, water, and the hydrogeologic report.  She said the proposed development does not meet the intent of the resource-based subdivision ordinance as written; the intent was to have cluster development close to the road, not separate parcels around the subdivision.  She was also concerned about the runoff from a paved road in the resource protection district.  David Boucher said Ross Kudlutz is doing a peer review.  In addition, he said all of County Planner Bob Faunce’s concerns would be addressed.

 

Cenci said that plans would have to be reviewed by DEP, and as of the last few years, there was not as much concern about how much water is coming off the project but how it is filtered through ponds or vegetative areas, filtering out the pollutants.  In response to a question about oversight, Dave Boucher said the planning board has authority to require an engineering review to make sure the plans are properly carried out and the cost will be borne by the applicant. 

 

In response to Barry Hathorne’s question on the availability of water, Roberge described the methods used to determine adequate water on the site such as published information on water availability in the neighborhood, water records of the Maine Geologic Survey, examination of water on the site, and other calculations to determine the amount of water in the rock on 30 acres, assuming a porosity of 1% in the bedrock.  In response to other questions on the availability of water and what effect the proposed wells would have on nearby wells, Cenci said that his client was not going to drill test wells for an unapproved application.  He said there is no question that there is adequate water on the property.  In response to Mr. Steadman’s question, Cenci said it would be possible to test his well by drawing down the Rioux well and monitoring the usage.  Further discussion included the possibility of indemnifying abutters whose wells may be affected, monitoring these wells and/or insurance coverage for any problems caused by new wells in the subdivision.  He noted that there were 17 million gallons of water in the bedrock of Salt Point subdivision, which was more than enough for 14 residential homes.

 

Karl Olson explained the ownership of the two lots by members of the Rioux family.  Salt Point Subdivision will not own any property until the subdivision is approved.  Common Area B shown on the plans will belong to the homeowners’ association. 

 

Lisa McSwain asked about the impact of salt water.  Cenci noted how fresh water sits on top of salt water and there is 105 feet to the river, so he does not expect any negative impact.

 

In response to his question on the building near the shore, Jack French was advised that it was not a dwelling unit but would be used as a boathouse, and although motorized traffic will generally be prohibited to avoid erosion, it may be necessary to allow very limited use for transporting motors to the dock.  If the path and dock are included in the amenities of the homeowners’ association, they will be included in a site walk.  The public hearing closed at 8:07 p.m.  Jack French moved to continue the public hearing to January  21, 2010.  Vote 5-0-0.

 

REGULAR MEETING

 

6.  John Rioux, Salt Point Subdivision - Resource-based Subdivision preliminary application, 385 River Road, Map R-6, Lots 46 and 48

 

Inasmuch as a peer review had not been received, there was no further discussion of the application.  Another site walk will be scheduled because of the changes to the plan.  Barry Hathorne moved to table discussion until the third Thursday in January and schedule a site walk.  Vote 5-0-0.  Alternate member David Nutt was appointed to act on this application in the event Barry Hathorne recused himself from voting on this application. 

 

Karl Olson noted for the record that he had submitted ten copies of the revised request for setback reduction, the manufacturer’s schematic of the fire tank, a copy of the dock permit, a letter to abutters, distances to neighboring homes, and a detailed response to Bob Faunce’s email.  Sheets 1 and 2 have revised wording and extra notes regarding common space and open space. 

 

Jack French inquired about the red circles on the plan.  These were determined to indicate where not to drill for water based on the probable location of a leach field. The engineer stated that he would forward pdf copies of the plans to Dave Boucher so that they could be uploaded onto the town’s web site for others to view.  The return receipts indicating delivery of the public hearing notice will be required.

 

 A site walk was tentatively scheduled for January 9 (Note: this has been changed to January 16) at 9 a.m.  Karl Olson will be the only professional on the walk.  David Nutt said water flow issues should be addressed at the site walk.

 

5.  Public Comment

 

Jack French asked if it would be appropriate for a moratorium on Davis Island until zoning is revised so that any applications made could be put on hold until the town has time to figure out what is best for Davis Island.  He said by state law a moratorium has to be voted on by the voters and there is a six-month limit.  He added that there is interest in the Bintliff property on Davis Island, which is scheduled for auction.  The chairman will contact MMA regarding a moratorium.  Jack Sarmanian, a member of the Gateway 1 committee, said there is the possibility of a $30,000 grant for a consultant to work on the comp plan and this could be discussed in the joint meeting of planning board, select board and comprehensive plan committee to be held on January 7.  It was suggested that a special town meeting to vote on a moratorium could be scheduled.  Barry Hathorne moved that the board create a moratorium of Jack’s statements on Davis Island.  Vote 5-0-0.

 

7.  Karen Smith - Site Plan Review for gravel pit reactivation, south end of Mt. Hunger Road (off Dodge Road) Map R-7, Lots 23.2 and 23.3

 

The application was not complete; elevations, existing grades and proposed work have not been submitted.  A site walk and public hearing will be scheduled when the application is complete.  Abutters were present and shared their concerns regarding road condition, etc.  Dave Boucher indicated the possible need for a road impact fee.

 

8.  Other Business

 

The new state subdivision guidelines from Bob Faunce will be discussed at the next meeting.

 

Barry Hathorne requested discussion of overlay districts at the next workshop.

The chairman read the following letter from Jon Rioux to the board dated December 15, 2009:

“I am writing to request that Amber Tonry, as an alternate member of the Edgecomb Planning Board, not be involved in a voting capacity regarding any issues brought forth by myself or my family. It has been brought to my attention that there are deep family connections between Ms. Tonry and people that are thoroughly involved with our current subdivision application. As well, my family has also enlisted Ms. Tonry’s services for private business arrangements during this past year. Although I have deep respect for what I know of Ms. Tonry, I believe that both of us, and the Town of Edgecomb, would be better served by her lack of involvement as a planning board member in these matters in order to avoid any possible sense of bias that may arise given these connections. If further explanation is needed please let me know via e-mail at jonrioux@gmail.com. 

Amber Tonry questioned the reason for the request.

4.  Approval of the minutes of November 19, 2009.

 

Jack French moved to approve the minutes.  Vote 4-0-1.

 

9.  Adjourn

 

At 9:25 p.m., Pat Jeremiah moved to adjourn.  Vote 5-0-0.