Town of Searsmont

Planning Board Minutes

February 3, 2009

1. Call to Order: 7:00pm

2 Attendance: Chair: George Sprowl, Vice Chair: Paul Leeper, Jack Degraff, Peter Jolliffe and Steve Porter. Special attendance by the Code Enforcement Officer Frank Therio.

3. Minutes: Upon review of January 20 minutes. Motion made seconded and passed unanimously to accept.

4. Applications and requests: Walter Lamont Jr. of Route 173, Searsmont Me. came before the Board for the second review of his application for a Minor Subdivision proposal.

Proposed Project:

1. Name: Ira Packard’s Riverside Farm Subdivision.

2. Nature of project;

To convey the Packard residence with approximately 3 acres. The Farmhouse and buildings will be updated and sold with 500 feet on Rt. 131 frontage and 350 feet of river frontage along the St Georges River. This division will keep this historical farmyard intact, thus retaining the rural character of the village.

1003 Application Procedures

1003.1 General

4. Upon determination that a complete application has been submitted for review, the Board shall issue a dated receipt to the subdivider. The Board shall determine whether to hold a public hearing on the Plan application.

Motion Made seconded and passed unanimously to waive a hearing.

Submissions:

All submissions as referenced in each individual section below shall include:

1. Proposed name of the subdivision, or identifying title, and the name of the municipality in which it is located, plus the Tax Assessor's Map and Lot numbers.

Map: 3 Lot: 1 Zoning District: Rural, Searsmont.

This needs to be added to map presented to the Board by Water Lamont.

2. Verification of right, title, or interest in the property.

3. An actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of the tract shall be located on the ground and marked by monuments. The plan shall indicate the type of monument to be set or found at each lot corner,

No motion was made but it was confirmed that all surveys were in order.

4. A copy of the deed from which the survey was based. A copy of all covenants or deed restrictions, easements, rights-of-way, or other encumbrances currently affecting the property.

No motion was made but it was confirmed that all materials were present.

5. A copy of any covenants or deed restrictions intended to cover all or part of the lots in the subdivision.

There are no covenants or deed restrictions.

6. Indication of the type of sewage disposal to be used in the subdivision.

Test site for all 3 lots septic and pit test were presented.

a. When sewage disposal is to be accomplished by subsurface wastewater disposal systems, test pit analyses, prepared by a Licensed Site Evaluator shall be provided.

This was presented

b. A map showing the location of all test pits dug on the site shall be submitted.

This was presented to the board and it meets all set back requirements but is not on the map as of yet.

7. Indication of the type of water supply system(s) to be used in the subdivision.

An existing dug well next to the barn and garage.

a. When water is to be supplied by private wells, evidence of adequate ground water supply and quality shall be submitted by a well driller or a hydro geologist familiar, with the area. This is still needed.

8. The date the plan was prepared, magnetic north point, graphic map scale, names and addresses of the record owner, subdivider, and individual or company who prepared the plan if the subdivider is not the owner of the property, evidence of the sub divider’s right, title or interest to the property.

The date the plan was prepared is October 22, 2008 by Morin Surveying.

9. The names and addresses of owners of record of adjacent property, including any property directly across an existing public street from the subdivision.

The names and receipt of notification of all abutters, except one on Moody Mountain Road, were presented.

10. The location of any zoning boundaries affecting the subdivision.

11. A copy of the portion of the County Soil Survey covering the subdivision.

a. When the medium intensity soil survey shows soils which are generally unsuitable for the uses, only when rejected by a soil evaluator, the Board may require the submittal of a high intensity soil survey or a report by a Registered Soil Scientist or Registered Professional Engineer experienced in geotechnics, indicating the suitability of soil conditions for those uses.

Received

12. The number of acres within the proposed subdivision, location of property lines, existing buildings, watercourses, vegetative cover type, and other essential existing physical features. The location of any trees larger than 24 inches in diameter at breast height shall be shown on the plan. On wooded sites, the plan shall indicate the area where clearing for lawns and structures shall be permitted.

Received

13. Contour lines at the interval on the application 1:24000 United States Geological Survey quadrangle map, or as specified by the Planning Board, showing elevations in relation to Mean Sea Level.

Met Standard

14. If any portion of the subdivision is in a flood-prone area, the boundaries of any flood hazard areas and the 100-year flood elevation shall be delineated on the plan.

Met Standard

15. A hydro geological assessment prepared by a Certified Geologist or Registered Professional Engineer, experienced in hydro geology, when the subdivision is not served by public sewer and

a. Any part of the subdivision is located over a sand and gravel aquifer, as shown on a map entitled "Hydro geologic Data for Significant Sand and Gravel Aquifers"' by the Maine Geological Survey, 1985, Map No. 18 or 19; or

b. The subdivision has an average density of less than 100,000 square feet per dwelling unit.

An assessment of the impacts of Mobile Home Park development on ground water quality shall be submitted prior to final approval of the park, as define d in Section 1006.8.

Met site evaluation that was done by James W. Marple on January 12, 2009.

16. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours.

Met standard.

17. For subdivisions involving 40 or more parking spaces or projected to generate more than 400 vehicle trips per day, a traffic impact analysis, prepared by a Registered Professional Engineer with experience in traffic engineering shall be submitted.

N/A

For Major Subdivisions, the following additional data is also required:

18. The location and size of existing and proposed sewers, water mains, culverts, and drainage ways on or adjacent to the property to be subdivided.

19. The location, names, and present widths of existing and proposed streets, highways, easements, building lines, parks and other open spaces on or adjacent to the subdivision.

20. The proposed lot lines with approximate dimensions and lot areas.

21. All parcels of land proposed to be dedicated to public use and the conditions of such dedication.

22. The location of any open space to be preserved and a description of

Motion made, seconded and passed unanimously that this is not a major Subdivision, therefore not Applicable.

Application Fee in the sum of: Three Hundred Dollars

($ ______300.00_______)Was collected on this

Day: 3rd____month: February___ Year: 2009_.

Section 1000 - Subdivisions & Mobile Home Parks

1001 General Provisions

1001.1 Purpose

The purpose of this section is to assure the comfort, convenience, safety, health and welfare of the people of the Town of Searsmont, to protect the environment, to promote the development of an economically sound and stable community, and to insure the availability of affordable housing while maintaining the rural residential character of the town. To this end, in approving subdivisions or Mobile Home Parks within the Town of Searsmont, Maine, the Planning Board shall consider the following criteria and before granting approval shall make findings of fact that the provisions of these regulations have been met and that the proposed subdivisions or Mobile Home Parks will meet the guidelines of Title 30-A, MRSA§ 4404.

The subdivision or Mobile Home Park:

A. Will not result in undue water or air pollution. In making this determination, the Board shall at least consider:

1. The elevation of the land above sea level and its relation to the flood plains;

Motion made seconded and passed as it meets all standards because of

The existing well.

2. The nature of soils and subsoil’s and their ability to adequately support waste disposal;

Motion made seconded and passed as it meets all standards because of

the existing well.

3. The slope of the land and its effect on effluents;

4. The availability of streams for disposal of effluents; and

5. The applicable state and local health and water resource rules and regulations;

B. Has sufficient water available for the reasonably foreseeable needs of the subdivision;

N/A as it not a public water supply

C. Will not cause an unreasonable burden on an existing water supply if one is to be utilized;

N/A as it is not a public water supply

D. Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition could result;

Motion made, seconded and passed unanimously as there is no significant

movement of soil, therefore no foreseeable erosion.

E. Will not cause unreasonable highway or public road congestion or unsafe conditions will respect the use of the highways or public roads existing or proposed;

Motion made, seconded and passed unanimously as no new houses are

proposed to be built therefore it meets the standards.

F. Will provide for adequate solid and sewage waste disposal;

Motion made, seconded and passed unanimously as there is a new septic

system and transfer station so it meets all standards.

G. Will not cause an unreasonable burden on the ability of a municipality to dispose of solid waste and sewage if municipal services are to be utilized;

N/A as it is not using municipal services.

H. Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas or any public rights for physical or visual access to the shore line;

Motion made, seconded and passed unanimously as it has no proposed building

and this is a simple land division it meets all standards.

I. Is in c conformance with this ordinance, and the Searsmont Comprehensive Plan, or any development plan or land use plan of the Town of Searsmont, if any;

Motion Made, seconded and passed unanimously as it is in conformance with the

Comprehensive and Land Use Plan of Searsmont, therefore it meets this

standard.

J. Subdivider has adequate financial and technical capacity to meet the above stated standards;

Motion made, seconded and passed as it meets the standard.

K. Will not adversely affect the quality of any body of water or unreasonably affect the shoreline of any body of water;

Motion made, seconded and passed unanimously as it has no proposed

structures on site except what is behind the setback of the 750 feet of water.

L. Will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water; and

Motion made, seconded and passed unanimously as the standard is met by the

proposed new septic and existing well.

M. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision or any part of it, is in a flood-prone area, the subdivider shall determine the 100-year flood elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;

This Standard is N/A as there are no proposed structures for the flood plain.

N. Shall have all freshwater wetlands within the proposed subdivision identified on any maps submitted as part of the application, regardless of the size of these wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district;

Motion made, seconded and passed unanimously as it was met as seen on map.

O. Shall have any river, stream or brook within or abutting the proposed subdivision identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in Title 38, MRSA section 480-B, subsection 9;

Motion made, seconded and passed unanimously as it met all standards

P. Will provide for adequate storm water management;

Motion made, seconded and passed unanimously as it has a culvert approved by the State on the map and there are no other structures proposed.

Q. If it has any lots with shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, MRSA, section 480-B, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than 5 to 1;

Motion made, seconded and passed unanimously as it meets all standards as all lots conform and are in compliance.

R. Long-term cumulative effects will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision; and

N/A the only construction is a road that is 750 feet from the river.

S. If it crosses municipal boundaries, will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.

N/A

1006 General Standards

In reviewing applications for a subdivision, the Board shall consider the following general standards and make findings that each has been met prior to the approval of a Final Plan. In all instances the burden of proof shall be upon the applicant.

1006.1 Conformance with Comprehensive Plan.

All proposed subdivisions shall be in conformity with the Comprehensive Plan or policy statement of the municipality and with the provisions of all-pertinent state and local codes and ordinances.

Motion made, seconded and passed unanimously as it meets all standards based in the information provided in this application

1006.2 Retention of Open Spaces and Natural or Historic Features.

Motion made, seconded and passed unanimously as it meets all standards for historic and open spaces as there will be no clearing of any trees and traditional use maintained as forested and farmland.

1006.3 Land Not Suitable for Development.

Motion made, seconded and passed unanimously as it meets all size requirements.

1006.4 Lots. A. Lots within a Shoreland Zoning District shall meet the lot area, lot width, setback and shore frontage requirements for that district.

Motion made, seconded and passed unanimously as it meets all setbacks and requirements.

1006.5 Land Features. Motion made, seconded and passed unanimously as it meets all requirements as there are no proposals to remove topsoil and old traditional use as a farm will remain.

1006.6 Dedication and Maintenance of Common Open Space and Services

N/A as there are no common open spaces.

1006.7 Construction in Flood Hazard Areas.

N/A as there is no proposed construction in the Flood Plain.

1006.8 Impact on Ground Water.

Motion made, seconded and passed unanimously as the standard is met by having the approved sub system and existing well.

1006.9 Mobile Home Park Administration

N/A as it is not a proposed mobile home park.

1006.10 Conversion of Mobile Home Park

N/A as it is not a proposed mobile home park

1007 Construction Standards:

1007.1 Required Improvements

Motion made, seconded, and passed unanimously to accept as this standard has been met by the surveyed monuments that have been set in the corners of the subdivision.

1007.2 Water Supply Motion made, seconded, and passed unanimously to accept as it is met by the existing well.

1007.3 Sewage Disposal

A. Private Systems.

Motion made, seconded, and passed unanimously to accept as it meets the standard by having the approved sub service system in place.

1007.4 Roads A. General Requirements.

Motion made, seconded, and passed unanimously to accept as this is N/A as there

are no roads as defined by the town’s ordinance proposed. Only a driveway is

proposed.

1007.5 Parking, Sidewalks and Fire Protection

A. Storm Water Management Design Standards.

Motion made, seconded, and passed unanimously to accept as this meets the

standards because it is a simple division of land and there is existing parking for

the house.

1007.7Utilities

Motion made, seconded, and passed unanimously to accept as there are no

proposed utilities for this subdivision.

1007.8 Additional Improvements

Motion made, seconded, and passed unanimously as it meets standard because it

has existing drainage on Moody Mountain road and on Main Street. It is a simple

division of land and therefore N/A.

1007.9 Certification of Construction

"As built" plans shall be submitted to the Municipal Officers. Upon completion of street construction and prior to a vote by the Municipal Officers to submit a proposed public way to the legislative body, a written certification signed by a professional engineer registered in the State of Maine shall be submitted to the Municipal Officers at the expense of the applicant, certifying that the proposed way meets or exceeds the design and construction requirements of these regulations.

Motion made, seconded, and passed unanimously as it is Not Applicable because there are no proposed public ways.

1007.10 Buffer Strip

In a Mobile Home Park:

Motion made, seconded, and passed unanimously to as there are no proposed construction/development plans, therefore it is Not Applicable.

1007.11 Lot Coverage In a Mobile Home Park

Motion made, seconded, and passed unanimously to accept as there are no proposed mobile home construction/development plans, therefore it is Not Applicable.

1007.12 Mobile Home Stand/Pad In a Mobile Home Park:

Motion made, seconded, and passed unanimously to waive as there are no proposed mobile home construction/development plans, it is a simple land division, and therefore it is Not Applicable.

Findings of Fact:

The Lamont/Packard subdivision application on Route 131 meets most of the provisions and standards of the Land Use Ordinance and Title 30-A MRSA§4404.

Motion made, seconded and passed unanimously for Walter Lamont Jr. to meet the following criteria and present it to the Board at the next meeting:

1.To have the final map plan and Millar include the map and lot number of the proposed project as well as all abutters names on it.

2. A letter from the well driller confirming that water/well on the property is present.

3. To have either returned receipts or receipts that the land abutters on Moody Mountain Road have been informed of the minor subdivision.

4. To confirm on the final copy of the map the accurate Shoreland Zoning of the proposed land division.

Final Plan Submission and sections 1003.2 of our ordinance for minor subdivision final plan approval/review were discussed with Walter Lamont Jr. to submit for the next meeting.

Motion made, seconded and passed unanimously to accept application as it meets all standards.

5. Communications: None

6. Mapping committee: Paul, Peter, and Dave of the mapping committee reported back on their mapping progress of the IWWH and new Shoreland zoning.

7. Old Business: More discussions with the public concerning Shoreland zoning regulations took place.

8. New Business:

Motion made, seconded and passed unanimously to leaving Map 7 lot 1 in limited residential zoning pending on Paul’s conversation with Rich Baker, the state Department of Environmental Protection Co-Coordinator, about the staked out roadway on that property.

9. Adjournment:

Motion made, seconded and passed unanimously to adjourn at 9:00pm.