Town Of Searsmont
Planning Board Minutes
January 8, 2008
1. Call to Order: 7:00
p.m.
2. Attendance: Chair: George Sprowl, Vice
Chair: Paul Leeper, Jack Degraff, David Marceau, Steve Porter, and Wayne
Thomas.
Special appearance by; Searsmont Fire
Chief, James Ames, and
Gary Skarka, a real estate Broker, and John
McEvoy, former owner of
Aldus Shores.
3. Application and
Requests:
Stuart
Smith- Aldus Shores subdivision Final Plan approval.
Findings of fact
1.
Quantabacook
Cottages, LLC. Stuart and Marianne Smith (the applicant) proposes an 8 lot
major subdivision named the Aldus Shores Subdivision. The proposed subdivision is located on Map 6,
Lot 16 and Map 11, Lot 36 off of Aldus Shores Road.
a. The proposed subdivision is
located in the Limited Residential Shoreland District and the Rural
District. The applicant has provides a
legal interest in the property by providing a copy of a purchase and sales
agreement
b. The lots comprise 35±
acres. The proposed lots will range from
3.0 to 7.1 acres.
c. The application was
determined to be complete on December 18, 2007.
d. Water will be supplied by
private wells, Doug Cross; Master Driller D0031 has provided a letter stating
there seems to be adequate water supply.
e. Sewage will be disposed of by
individual subsurface disposal systems.
David Marceau Licensed Site Evaluator #246 has provided a report and
letter verifying that he identified areas where septic systems could be
constructed and/or maintained for all lots.
f. The applicant proposes to
construct a street approximately 1600 feet long. The street is proposed to remain a private
way.
g. The proposed development will
disturb at least one acre of land but will not create more than one acre of
impervious surfaces. Therefore a MDEP
Storm water Permit-by-Rule will be submitted to MDEP for review and approval.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
2.
The proposed
subdivision will not result in undue water or air pollution. In making this
determination. The Board finds:
h. The elevation of the land is above sea
level and the proposed subdivision does have portions located within the 100
year flood plain as identified on the plan provided for the applicant,
i. The nature of the soils and subsoil’s
are adequate to support on site waste water disposal as evidenced by soil tests
conducted by David Marceau, a licensed Site Evaluator;
j. The slope of the land is relatively
flat as seen during the site walk and on the plan
k. The availability of streams for
disposal of effluents is not applicable; and
l. State and local health and water resource
rules and regulations have been considered and a state MDEP Storm water
Permit-by-Rule will be needed.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
3.
The proposed
subdivision has sufficient water available for the reasonably foreseeable needs
of the subdivision based on a letter from a Master Driller, Doug Cross.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
4.
The proposed
subdivision will not cause an unreasonable burden on an existing water supply
as it is outside the Searsmont Town Water supply and
has sufficient groundwater for private wells, per Doug Cross.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
5.
The proposed subdivision
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. Gartley and Dorsky, Engineering
and Surveying have prepared an Erosion Plan to minimize any soil erosion. This
Plan is part of the subdivision application and must be adhered to by the
developer.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
6.
The proposed
subdivision will not cause unreasonable highway or public road congestion or
unsafe conditions with respect to the use of the highways or public roads
existing or proposed based on the opinions submitted by the Town of Searsmont
Fire Chief, James Ames and no negative comments by the Road Commissioner.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
7.
The proposed
subdivision will provide for adequate solid and sewage waste disposal. David
Marceau, Licensed Site Evaluator #246, has identified areas where septic
systems could be constructed and/or maintained for all lots. Solid waste disposal will be at the town
transfer station.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
8.
The proposed
subdivision will not cause an unreasonable burden on the ability of a
municipality to dispose of solid waste and sewage. Solid waste disposal at the town transfer
station is adequate for the subdivision.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
9.
Based on the
information in the application the proposed subdivision 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
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
10.
Based on the
information in the application the proposed subdivision is in conformance with
this ordinance, and the Searsmont Comprehensive Plan.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
11.
The applicant has
adequate financial and technical capacity to meet the above stated standards,
based on the December 18, 2007 bank financial letter.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
12.
Based on the
information in the application the proposed subdivision will not adversely
affect the quality of any body of water or unreasonably affect the shoreline of
any body of water. No structures are
proposed within 100 feet of the shoreline.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
13.
The proposed
subdivision will not, alone or in conjunction with existing activities,
adversely affect the quality or quantity of ground water based on a letter from
a Master Driller (Doug Cross) regarding water supply and a letter from David
Marceau, a licensed Site Evaluator; regarding subsurface sewage disposal.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
14.
Based on the
Federal Emergency Management Agency's Flood Boundary and Floodway Maps and
Flood Insurance Rate Maps, and information presented by the applicant, the
subdivider has determined the 100-year flood elevation and flood hazard
boundaries within the subdivision. The proposed subdivision plan will 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.
Ÿ
This is not applicable, as no proposed
structures are required
Motion
to Accept and Seconded Vote: Passed with 3yea, and David Marceau abstaining.
15.
All freshwater
wetlands within the proposed subdivision have been identified on any maps
submitted as part of the application, regardless of the size of these wetlands.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
16.
Any river, stream
or brooks within or abutting the proposed subdivision have been 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
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
17.
The proposed
subdivision plan provides for adequate storm water management based on the
Gartley and Dorsky erosion control plan and the conditional MDEP approved Storm
water Permit-by-Rule.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
18.
The proposed
subdivision does not have 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, that have a lot depth to shore frontage ratio greater than
5 to 1.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
19.
The long-term
cumulative effects of the proposed subdivision will not unreasonably increase a
great pond's phosphorus concentration during the construction phase and life of
the proposed subdivision. This is based
on the Gartley and Dorsky erosion control plan, the MDEP approved Storm water
Permit-by-Rule, as well as the fact that any new construction will be set back
100 feet from the great pond where the existing campground has campsites within
100 feet of the shore.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
20.
The proposed
subdivision does not cross municipal boundaries.
Motion
to Accept and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
DECISION
Based upon the above findings
of fact, the Planning Board for the Town of Searsmont approves this application
for subdivision subject to the following conditions:
1) Proof of MDEP storm water permit by rule
approved.
2) Conformation that the dry hydrant will be
relocated to the right of way of lots 4&5 and approved by MDEP.
Motion to approve the
subdivision and Seconded Vote: Passed with 3 yea, and David Marceau abstaining.
Owner Stuart Smith agrees to
these stipulations and the meeting concluded with all parties in agreement.
4. Minutes: Review of
December 18 and 20th‘s, 2007. Motion made, seconded and
passed
Unanimously to accept
minutes with minor corrections.
5. Communications:
George informed the Planning Board of the
results of the conversation with Lee Woodward and Rich Baker about a walkway at
Aldus Shores. Frank, the Code Enforcement Officer, had a concern with
what he perceived as a possibility of walkways that came from the back lots to
the water. as He felt that may not be allowed, and would need a variance from
the Zoning Board of Appeals. The Board
noted that there were no proposed walkways on the plan.
6. Old Business:
There was a review of the Planning Board
Minutes being posted on the internet and a discussion of its need. The Planning
Board felt it was something that should be determined by the Selectmen. The
Planning Board Clerk will follow up with the Selectmen to find out
the necessity of posting the
Minutes on the internet.
7. New Business: None
8. Adjournment: 8:30 p.m.