Wales Planning Board Meeting

October 8, 2007

Minutes

 

In Attendance:  Alice DiPaolo (WPB Chair), Lori Blier (WPB Secretary), Eric Gagnon (WPB Co-Chair), Jim and Kristen Glazier (Wales Residents), John Pickett and Will Boynton (of Boynton & Pickett L.L.C.), Brian Johnson (Wales Resident), Paul Ruoppe (Surveyor).

 

 

Ø      The meeting was called to order at 7:08.  Lori distributed the minutes and copies of the subdivision application checklist.  The minutes were reviewed by board members and accepted as written. 

Ø      Jim, Kristen, John, and Will were invited to the table to make their preliminary subdivision plan presentation for the proposed Pine Knoll Estates Subdivision.  They provided copies of the updated plan with 2 foot contours, the widened cul-de-sac design, and the updated road specifications to meet the 20 foot requirement of our road ordinance.  The board stepped through the checklist to ensure that we had copies of all items.  Eric asked if they had provided a stormwater plan.  Will indicated they didn’t think they needed one based on the DEP regulations for phosphorous.  After some discussion and reading the section from the ordinance the board determined a stormwater plan and phosphorous impact would be required whether they were in the Cobboseecontee water shed or not.  It was also determined that the board was unable to grant a waiver for the 7 lots, but that they could put through the 7 lot plan and indicate on the plan that 2 lots wouldn’t be able to be sold until the parcel had been in ownership for 5 years.  There was some discussion about how the property would be taxed following approval of the subdivision plan.  Board members seemed to think that the unsold lots would remain as part of the original parcel, but also were clear that we really don’t know the tax end of things and that the Glaziers should go to the selectmen’s meeting for that information.  The board will send out a letter to the Glaziers and Boynton & Pickett by the end of the week indicating the remaining requirements which were discussed at this meeting.

Ø      The board invited Brian Johnson and Paul Ruoppe to the table for their final subdivision application review.  Paul Ruoppe gave an overview of the changes made to the plan.  Basically, the number of lots has been dropped by two to reduce the road length to keep them under the footage that would require DEP review.  This does present a slightly different lot configuration as well.  The storm water buffers are indicated on the plan.  Phosphorous levels are listed on the additional material they provided with the updated plan.  The road will be graded to channel the water.  Eric asked about the existing K-9 drive, which is a section of road off the Station Road that gives access to the proposed Beechnut Lane.  Both Paul and Brian indicated that the current road meets the town’s specifications and that there is existing culvert on that road where the stormwater will track (the stone culvert listed on the plan).  They also provided a sheet indicating what provisions they will have in their deed covenant.  However, they don’t currently have copies of the actual covenant.  The board requested that they please get a copy of the draft deed covenant to us as well as the road association/ maintenance covenant for the final approval at the next meeting.  The board also indicated that the final application fee would need to be submitted with the final materials to the CEO or tax collector/town clerk.  Brian asked how much that would be.  Board members were unable to put their hands on the Fee Schedule at that time, so Lori offered to email the information to Brian.  That fee may be covered by the extra money that had been paid for the preliminary application fee and escrow since two lots have been removed from the plan.  Lori will figure that in when getting and sending the final app fee information for Brian.  Brian will attend the next meeting for final approval of his subdivision proposal.  Members agreed to place him on the agenda first, since his should be a formality and be in and out since the covenant(s) are all that are at issue.

Ø      Board members went through the packet left by Paul Burgess regarding the Route 126 Ouellette building project which has been in process since 2003.  Members went through the materials and noted that the project was originally slated as a storage building.  There is a second building permit that doesn’t appear to have a signature page that references a 2^nd floor along with some building plans.  There is a waiver and entrance permit granted by DOT for a “ … driveway only.  The applicant’s short term plans do not include a commercial entity.”  There is also a letter indicating that the permit would be valid on delivery unless the applicant failed to record the waiver with the registrar of deeds and send proof of the recording to DOT within 90 days.  The board feels we should follow up to find out whether the applicant did in fact register the waiver; as well as to find out if the permit is valid for the current apparent proposed use.  Also included in the packet is information from DEP on their review of the property based on a complaint of freshwater wetlands being filled in.  E-mail copies indicate that the wetland alteration was legal since it was eligible for the Natural Resources Protection Act exemption from permitting.  DEP instructed the landowner and contractor to stabilize the side slopes of the fill with rock.  Upon a compliance inspection, it was found that the Erosion & Sedimentation Control Law had been violated.  They were instructed to resolve the problem by June 5, 2004.  The board will follow up with DEP to find out whether the applicant/contractor did in fact comply.  There was a stop work order issued on 5/20/05.  The board would like to know whether that was ever lifted and what actions/fines if any may be pending regarding that stop work order.  There is also a subsurface wastewater disposal system application approved in January of this year which indicates the structure is to be used for 2 apartments and 4 retail businesses with 10 employees.  The board intends to find out from DEP whether they were aware of and whether the applicant is in violation of any of their regulations for filling in additional freshwater wetland area to put in the wastewater system (septic system).  Also member will review the Site Plan and Land Use Ordinances to determine what, if any, violations have occurred.  It seems clear that at a minimum a Site Plan review would be required.  Also – the landowner owns 7 acres, is that enough to cover the planned use based on our land use ordinance.  Members will gather this information and make a recommendation to the board of selectmen on how to proceed and what, if any, fines or action might be in order.

Ø      Next regular meeting will be on November 12, 2007.  The meeting was adjourned at 9:20 p.m.

 

Respectfully submitted,

 

Lori Blier, Secretary

 

 

Related Documents:  Pine Bluff Estates Subdivision Preliminary Plan, Wales Station Estates Final Subdivision Plan