EDGECOMB PLANNING BOARD
MINUTES,
1. Call to Order
Chairman David Boucher called the meeting to order at
2. Roll Call
Members present were David Boucher, Jack French, Barry Hathorne, and Jarryl Larson and alternates David Nutt and Amber Tonry. Pat Jeremiah was absent, and the chairman appointed David Nutt to act in her absence.
3. Approval of
minutes of March 11 and 18, 2010
Jarryl Larson moved to accept the minutes of
4. Public Comment
Jon Rioux asked to join the board in discussing the motion regarding a list of materials needed from Rioux that was requested at the last meeting, the vote on which was delayed until this meeting. Jarryl Larson said the board needed to discuss the list before it was given to the applicant. Sally Daggett, Jensen, Baird, Gardner & Henry, attorney for the applicant, asked that the board cite the provisions in the ordinance for items on the list, as it appeared some have no basis in the ordinance. The chairman said that responses to the questions on the list would be due with the final application. The final application is due within six months of the applicant’s receipt of the list.
Jon Rioux submitted Karl Olson’s copy of the list of items prepared by the board, which, with the exception of the final application, were due to make the application complete. The last two items were highlighted; no ordinance citations were given but the applicant will address them.
5. Sue Carlson -
Comprehensive Plan
Carlson reported that MacGregor Stocco, State Planning Office, had been impressed by the second draft of the section in the comprehensive plan regarding regional initiatives. The strategy section had been revised as recommended by Mr. Stocco and distributed to the board. In response to Jarryl Larson’s questions, Carlson explained the change in dates, the deletion of strategies to avoid duplication and clarified questions concerning the utility committee and other minor changes. Carlson said the changes would be sent to Stocco, following which the DOT comments will be addressed, most of which deal with Gateway 1. The DEP comments regarding phosphorous allocation will be addressed. Carlson will discuss the IF&W remarks with Stocco and will invite him to a joint meeting with the planning board and task force. Following acceptance of this phase, the State will look at the land use plan and then the ordinances, which will complete the examination of Edgecomb’s comprehensive plan. The board complimented Carlson on her work to date. The comp plan committee will be on the May 6 agenda.
The chairman asked that the board take up item 7 before item 6.
7. Vote on Jack
French’s motion regarding his list, amended by Dave Boucher, of additional
materials required for the Salt Point subdivision application
(Barry Hathorne recused himself.) The list referred to in the motion was discussed. Jarryl Larson questioned the reason for listing requirements that were already requested by the ordinance. Jack French said that some of the issues raised in the list were concerns of abutters and should be addressed by the applicant although not all were required by the ordinance.
David Boucher said that he had added items 11-15 to the list because he thought it would be improper of the board to grant something that would cause a problem in the Resource Protection area, and if the applicant demonstrated that the board could not require those items, at least the board had addressed them.
Attorney Daggett confirmed with the board that the applicant would have the opportunity to question the board’s authority to require some of the items on the list, as she said she did not think there was authority in the ordinance for the board to require items 11, 12 and 13.
Jack French said that where the State statute differs from the town’s ordinance, the State statute would prevail.
Jarryl Larson moved to amend the motion to delete in the
first paragraph,”in order to make this application complete” and replace with
“prior to approval of the final plan,” and in item No. 4 to change
Jon Rioux said he is submitting an amended application for dock, ramp and float to increase the width of the ramp from 3½ feet to 4 feet and decrease the length of the dock from 41 feet to 40 feet. DEP has indicated it will approve the permit. The permit will indicate that the dock is a multi-family dock and is expected in six weeks with the stormwater approval. He will submit copies of the application so that the application can be heard at the next planning board meeting. Dave Boucher said the board can approve only residential or commercial docks, and if the state approves a multi-family dock, the board cannot object.
In response to Jack French’s question about the deck on the building, Jon Rioux said that the CEO indicated a notice of violation, as requested by Barry Hathorne, would not be issued until further discussion with the selectmen. Rioux added that the deck was a separate issue with no connection to the dock application.
(Barry Hathorne rejoined the meeting.)
6. Moratorium
Discussion
The chairman said the selectmen were in favor of a
moratorium on all of Davis Island and that while he had not contacted Attorney John
Shumadine, other attorneys had advised the board that a moratorium could not be
arbitrarily created. MMA saw no problem
with a moratorium on
8. Other Business
A site walk at the gravel pit will take place on April 10 at
9. Adjournment
Jack French moved to adjourn at
Re: Salt Point Subdivision Application
The
Edgecomb Planning Board finds that there are specific additional materials
which must be submitted prior to approval of the final plan:
1. A copy of the proposed bylaws and
regulations of the proposed homeowner’s association. P 131
2. A copy of the proposed covenants setting
forth the lot owner’s rights, interests and privileges to be included in the
deed of sale for each lot including conservation easements, if any. P 131
3. The detailed plan of the fire safety
underground water tank or the language to be included in the restrictions or
covenants requiring sprinkler system’s in each residence. P132
4. Restrictions on the building envelope or
screening on lots 13 and 14 which will protect the view of the southerly abutter.
P138 (.2 and .5)
5. Any limitation of use on open space and the
proposed deed restrictions, if any, required by 2.4.12 p 140 and 141.
6. A copy of the proposed notation to be placed
on the plans as required by Section 2.4.12.2.
7. The proposed language stating the manner of
providing for the costs associated with the reserved open space which said
language shall be include in the deed of sale of each lot. P 143
8. Provide an estimate of all costs associated
with this subdivision including but not limited to infrastructure construction,
technical requirements, and required approvals .P 143 and P149.
9. Provide the necessary documentation that the
applicant has adequate financial and technical capacity to complete all
infrastructure and technical requirements.
P 143 and P149
10. Show that the
application meets the requirements of 2.7.11 and 2.7.12.
11. The applicant shall remove the dock, as presently
permitted, from use by the members of the Homeowners association, or re
apply under a commercial or public use, as the existing plan of
construction and approval is for standards of private use only.
12. Remove the proposed "camp" building at the
shore front and dock area from the Homeowners association ownership and or use,
or create health and safety improvements that would allow for sanitary
facilities on that portion of the site.
13. Prohibit by deed restriction, ANY vehicular traffic down
the road to the "camp" by anyone, even the applicant.
14. Alternatively, remove "Common Area C" from the
project completely, or any portion thereof not required to meet the RSB
Subdivision calculations for necessary open space, if all of the above changes
are not made.
15. Address all of the Peer review items.