EDGECOMB PLANNING BOARD

MINUTES, NOVEMBER 4, 2010

 

1.  Call to Order

 

The chairman called the meeting to order at 6:30 p.m.

 

2.  Roll Call

 

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

 

3.  Approval of minutes of October 21, 2010 and October 23, 2010 (site walk)

 

David Boucher moved to accept the minutes of October 21, 2010 as written.  Vote 4-0-1.  Jack French moved to accept the minutes of the Sunset Vista site walk.  Vote 4-0-0.

 

4.  Candace Leonard (Larry Cilley) - Building permit application for addition of enclosed porch, Map U-6, Lot 22A

 

Larry Cilley submitted a corrected application, letter authorizing him to act for Candace Leonard, warranty deed and plan showing 75-foot setback signed and sealed.  The application is for a 12’ x 12’ porch, part of which is in the 75-foot setback. 

 

There was confusion over the location of the original house, which was torn down and replaced in 2000, and whether the new house was built on the site of the original house.  The new house appears from the submitted plan to be partially in the 75-foot setback.  There was also a question on the lot designation, as it appeared from the file that the original lot was divided into two lots, both less than one acre in size. 

 

Cilley was asked to resubmit the application with the correct information, and it was suggested that he have a surveyor put together information on what had happened to the lot(s) (i.e. deeds showing who owned the lot and who divided the lot), as there are currently conflicting lot numbers.  An engineer should also provide the size and location of the original house, the size and location of the current house, the size and location of the proposed addition, the road frontage, sideline lengths, setbacks and corner points. 

 

7.  Other Business

 

The chairman asked that this item be taken out of order.

 

Debbie Fox, real estate broker, asked whether an addition could be added to the house at 711 River Road, which is 175 feet from the water, and questioned the lot’s designation as being in the Resource Protection District.  She was advised that an addition would not be possible in the Resource Protection District; however, if she felt the designation was not correct, that it did not meet the criteria in the Land Use Ordinance, she could submit an application and ask the board for a correction of the district. 

 

Douglas Johnson - Proposed change in Resource Protection District on Perry’s lot off Parson’s Point Road

 

Douglas Johnson submitted a letter authorizing him to represent the Perrys, who own a lot off Parsons Point Road, fronting on Oven Mouth and Cross River.  (See minutes of previous meeting.)  He asked that the board move the limits of the Resource Protection line to the stream, which outlets on the property’s eastern line at the shore as shown on the plan submitted.  Jack French said the board had determined the land in question was not in Resource Protection, there was no sustained 20% slope and that the line between the Limited Residential District and the Resource Protection District was in the wrong place according to the criteria in the ordinance.  David Boucher moved to move the Limited Residential/Resource Protection line shown on the map provided by Johnson more northerly to the 75-foot setback from the stream.  Vote 5-0-0.  Johnson will provide a new map to the board and prepare a letter from the board authorizing the change. 

 

Nicholas Dinatale - Building permit application in shoreland, 22 Shore Road, Map R-3, Lot p/o 40

 

Robert Burns submitted a letter of authorization to act for Nicholas Dinatale in the building permit application for a single-family house and the responses to the following statements indicating that the proposed use:

 

1.  Will maintain safe and healthful conditions - as noted on the plan the construction will be done to the specifications in the DEP erosion control manual;

2.  Will not result in water pollution, erosion or sedimentation to surface waters - same as above;

3.  Will adequately provide for the disposal of all wastewater - yes, has provided HHE200;

4.  Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat - outside the 75-foot setback;

5.  Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters - yes, only dead trees within the 75-foot setback will be removed;

6.  Will protect archaeological and historic resources as designated in the comprehensive plan - no response from the State Historical Society;

7.  Will avoid problems associated with flood plain development and use - not in the flood plain; and

8.  Is in conformance with the provisions of Section 1.10, Land Use Standards - yes.

 

Barry Hathorne moved to make a positive finding of facts.  Vote 5-0-0.  Barry Hathorne moved to approve the application.  Vote 5-0-0.

 

Robert Burns - Resource-based subdivision pre-application, Map R-1, Lot 21

 

Burns asked whether the board, after visiting the property, had any questions or issues to be addressed.  Jarryl Larson said the grade of the road from Route 27 into the Sunset Vista subdivision does not comply with the road standards; the slope exceeds 12%.  Burns said that he could not change the road because of abutters who have access to Cod Cove via the road.  Burns owns the 100’ x 700’ road, but abutters and others have rights of way.  According to the road commissioner, widening the road in the right of way is possible.  The board discussed and will consider whether the road should be considered part of the subdivision inasmuch as it is a private way used by many others, and whether Burns could change it without permission of the other people. 

 

5.  Discussion of proposed changes to the Appeals Board Ordinance

 

Jack French pointed out the three definitions of “undue hardship” in the state ordinance for different types of variances.  A draft of the amended town ordinance provided to the board showed these three definitions added, bringing the town ordinance into compliance with the state statute.  Several changes were made.  After further review, if the board approves the change, the amended ordinance will be submitted to the board of selectmen for a vote by the town.

 

6.  Discussion of policy or procedure regarding conditional approvals

 

There was a consensus of the board that conditions of approvals be noted on the outside of the file folder for the map and lot number of the property in question.

 

8.  Adjournment

 

Barry Hathorne moved to adjourn at 8:50 p.m.  Vote 5-0-0.