Town Of Searsmont
Planning Board Minutes
May 20, 2008
1. Call To Order: 7:00
p.m.
2. Attendance: Vice Chair: Paul
Leeper, Jack Degraff, Steve Porter and Andrea Walker
3. Applications and Request:
A. Kathy Anderson of New England Road, Map 3 lot 73- returning with an
Application for a minor sub division
application.
The
Board reviewed and discussed the General Standards in Section 1600
Pertaining to Kathy Anderson’s application:
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.
The Board agreed that the simple
division of land conformed with the Comprehensive Plan
1006.2 Retention of Open
Spaces and Natural or Historic Features.
The Board agreed that it was not applicable because
there are no plans for divided lots.
1006.3 Land Not Suitable
for Development.
The Board agreed there are no easements, it is not in
the 100 flood plain,, and this was Not Applicable.
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.
The Board agreed that it was not applicable
because there are no lots in the Shoreland Zone.
1006.5 Land Features. The Board agreed that it was not
applicable
1006.6 Dedication and
Maintenance of Common Open Space and Services
The Board agreed that it was not applicable
1006.7 Construction in
Flood Hazard Areas.
The Board agreed that it was not applicable
as it is not in a flood plain.
1006.8 Impact on Ground
Water.
The Board agreed that it was not applicable as
wells and septic systems exist on most lots and there are no other development
plans.
1006.9 Mobile Home Park Administration
The Board agreed that it was not
applicable, not a mobile home park
1006.10 Conversion of Mobile Home Park
The Board agreed that it was not
applicable, not a mobile home park
1007 Construction
Standards:
1007.1 Required
Improvements
The Board agreed that it was not applicable, as there
are no proposed construction/development plans.
.
1007.2 Water Supply
The Board agreed that it was not applicable, as there
are no proposed construction/development plans.
.
1007.3 Sewage Disposal
A. Private Systems.
The Board agreed that it was not applicable, as there
are no proposed construction/development plans.
.
1007.4 Roads
A. General Requirements.
The Board agreed that it was not applicable, as there
are no proposed roads.
.
1007.5 Parking,
Sidewalks and Fire Protection
A. Storm Water Management Design Standards.
The Board agreed that it was not applicable, as there
are no proposed construction/development plans. .
1007.7 Utilities
The Board agreed that it was not applicable, as there
are no proposed construction/development
plans. .
1007.8 Additional
Improvements
The Board agreed that it was not applicable, as there
are no proposed construction/development
plans.
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.
The Board agreed that it was not applicable, as there
are no proposed construction/development
plans.
1007.10 Buffer Strip
In a Mobile Home Park:
The Board agreed that it was not applicable, as there
are no proposed construction/development
plans.
1007.11 Lot Coverage
In a Mobile Home Park
: The Board agreed that it was not applicable, as there
is no proposed mobile home park. .
1007.12 Mobile Home Stand/Pad
In a Mobile Home Park:
The Board agreed that it was not applicable, as there
is no proposed mobile home park.
Town of Searsmont Application for
a Minor Subdivision
With attached Land Use Ordinance Section 1000
Note: the completed application form, required fees, plans
and related information need to be submitted to the Board no less than one week
prior to a scheduled Planning Board meeting.
Before filling out the application, please carefully read
Section 1000 of the Searsmont Land Use Ordinance.
Before drafting actual plans, you are strongly urged to meet
with the Code Enforcement Officer to discuss your activity, any questions you
may have, and applicable permitting requirements.
Applicant:
1. Name:
Kathy Anderson
2.
Address: 170 New England Road, Searsmont, Maine 04973
3.
Telephone Number: 207-342-4030
Property owner information(if different):
4.
Name:__________________________________________________
5.Address:_________________________________________________
6.Telephone:_______________________________________________
7.
Applicant’s authorized agent’s name: (if any)_____________________
8. Name and address
to which all correspondence regarding this application should be sent: (if
different from above)
Name:
______________________________________________________
Address:
___________________________________________________
If
applicant is a corporation, is it licensed in Maine:
If yes,
attach copy of State Registration. No._______________________
Proposed
Project:
1. Name: Plaisted/
Anderson Subdivision.
2. Nature
of project: Briefly describe the project including the purpose or need for the
project (attach sheet with additional information if needed). Describe the
total floor area, hours of operation, type of materials/products to be handled,
parking and access etc.
Divide existing lot Map 3 Lot 73 to
allow for the sale of the existing farm and 15 acres. And to retain the old
store, storage building and 6 acres.
Signature of
Applicant:_______________________________________Date:________
1003 Application
Procedures
1003.1 General
A. Procedure
1. Within six months after the
on-site inspection by the Board, the subdivider shall submit an application for
approval of a Plan at least seven days prior to a scheduled meeting of the
Board. Failure to do so shall require a resubmission of the Sketch Plan to the
Board. The Plan shall approximate the layout shown on the Sketch Plan, plus any
recommendations made by the Board.
2. The subdivider shall certify
to the Board that all owners of abutting property have been notified that an
application for subdivision approval has been submitted to the Board.
All Abutters have been notified
3. The subdivider, or his duly
authorized representative, shall attend the meeting of the Board to discuss the
Plan.
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, as all abutters
were notified and no replies/or objections were sent forth from them.
5. If the Board decides to hold
a public hearing, it shall hold the hearing within thirty days of receipt of a
complete application, and shall publish notice of the date, time, and place of
the hearing in a newspaper of general circulation in the municipality at least
two times, the date of the first publication to be at least seven days prior to
the hearing.
6. Within thirty days of a
public hearing, or within sixty days of receipt of a complete application, if
no hearing is held, or within another time limit as may be otherwise mutually
agreed to by the Board and the subdivider, the Board shall make findings of
fact on the application, and approve, approve with conditions, or deny the
Plan. The Board shall specify in writing its findings of facts and reasons for
any conditions or denials.
B. 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:_73______
Zoning District: Searsmont.
2. Verification of right, title,
or interest in the property.
Met standard, verified warranty Deed
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,
Motion made, seconded and passed at last meeting, simple division of
land.
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.
Met Standard, presented with warranty Deed.
5. A copy of any covenants or
deed restrictions intended to cover all or part of the lots in the subdivision.
None
6. Indication of the type of
sewage disposal to be used in the subdivision. None proposed.
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.
b. A map showing the location of
all test pits dug on the site shall be submitted.
7. Indication of the type of
water supply system(s) to be used in the subdivision. None proposed
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.
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.
Motion made, seconded and passed unanimously to accept Kathy’s 1” to 400’
scale for her plan submittal.
9. The names and addresses of
owners of record of adjacent property, including any property directly across
an existing public street from the subdivision. Done
10. The location of any zoning
boundaries affecting the subdivision.
In Rural District.
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.
Motion made, seconded and passed unanimously to waive at last meeting,
present map acceptable.
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.
Motion made, seconded and passed unanimously to waive as there is no
planned division on site.
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.
Complete, Motion made, seconded and passed unanimously to waive at last
meeting.
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. N/A Will check,
Condition that application is complete.
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
"Hydrogeologic 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.
Not Applicable
16. An estimate of the amount and
type of vehicular traffic to be generated on a daily basis and at peak hours.
Not applicable, no development planned.
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.
a. The analysis shall indicate
i. the expected average daily vehicular trips,
ii. peak-hour volumes,
iii. access conditions at the site,
iv. distribution of traffic,
v. types of vehicles expected,
vi. effect upon the level of service of the
street giving access to the site and neighboring streets which may be affected,
and
vii. recommended improvements to maintain the
desired level of service on the affected streets.
b. Trip generation rates used
shall be the mean value reported in Table 3 of Development and Application of
Trip Generation Rates, Keller co, Inc., published by the Federal Highway
Administration, January 1985.
Not Applicable
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 proposed improvements and its management.
Not a major Subdivision, therefore not Applicable.
C. Final Plan Submission
The Final Plan shall consist of one or
more maps or drawings drawn to a scale of not more than one hundred feet to the
inch.
1. Plans for subdivisions
containing more than one hundred acres may be drawn at a scale of not more than
two hundred feet to the inch provided all necessary detail can easily be read.
Not Applicable
2. Plans shall be no larger than
24 by 36 inches in size, and shall have a margin of two inches outside of the
borderline on the left side for binding and a one-inch margin outside the
border along the remaining sides.
3. Space shall be reserved on
the plan for endorsement by the Board.
4. Two reproducible, stable
based transparent originals, one to be recorded at the Registry of Deeds, the
other to be filed at the Municipal Offices, and three copies of the plan shall
be submitted. The subdivider may, instead, submit one reproducible stable based
transparent original of the Final Plan and one Recording Plan with three copies
of the Final Plan.
Submitted
1003.2 Minor
Subdivisions
A. Final Plan Approval Procedure
1. The Board may require, where
it deems it necessary for the protection of public health, safety, and welfare,
that a Minor Subdivision comply with all, or any of the subdivision
requirements for a Major Subdivision.
2. All applications for Final
Plan approval for a Minor Subdivision shall be accompanied by an application
fee as determined in accordance with Section 402 payable by a check to the
municipality. If a public hearing is deemed necessary by the Board, an
additional fee shall be required to cover the additional costs of advertising
and postal notification.
3. The General Application
Procedures listed in 1003.1(A) shall be followed for all applications for Final
Plan approval for a Minor Subdivision.
4. Preliminary Plan approval is
not required for a Minor Subdivision.
B. Final Plan
Approval Submissions
1. The Final Plan shall consist
of that described in 1003.1(C).
2. Three copies of all
information accompanying the plan shall be submitted.
3. The application for approval
of a Minor Subdivision shall include all of the information listed in
1003.1(B).
Application Fee in the sum
of: O ____________
($ _______O____________)Was
collected on this
Day: 20th____month: May___ Year: 2008_.
Motion made, seconded and passed unanimously to waive the application fee.
Kathy Anderson (the applicant)
proposes a 4 lot minor subdivision named the Plaisted/Anderson
Subdivision. The proposed subdivision is
located on Map 3, Lot 73 on New England Road.
The proposed subdivision is located in the Rural District. The applicant has provides a legal interest
in the property by providing a copy of a warranty deed. The lots comprise 35± acres. Three of the lots have existing buildings on
them. No other development is proposed,
this is a simple division of land. The
application was determined to be complete on May 20, 2008.
.Findings
of Fact
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;
2. The nature of soils and
subsoil’s and their ability to adequately support waste disposal;
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;
Motion made, seconded and passed unanimously that the project has met
the standard as no proposed development is presented.
B. Has sufficient water available for the
reasonably foreseeable needs of the subdivision;
Motion made, seconded and passed
unanimously that the project has met the standard as no development is planned,
it is a simple division of land.
C. Will not cause an unreasonable burden on an
existing water supply if one is to be utilized;
Motion made, seconded and passed unanimously that the project has met
the standard as no development is planned, it is a simple division of land.
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 that the project has met
the standard as no development is planned, it is a simple division of land.
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 that the project has met
the standard as no proposed development is presented therefore there is no
increase to traffic.
F. Will provide for adequate solid and sewage
waste disposal;
Motion made, seconded and passed unanimously that the project has met
the standard as there are existing systems on the site.
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;
Motion made, seconded and passed
unanimously to waive this standard as it is not applicable.
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 to waive as it is not applicable due to no proposed
development.
I. Is in 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 that the project has met
the standard as it conforms with both the Comprehensive Plan and the Land Use
Ordinance.
J. Subdivider has adequate financial and
technical capacity to meet the above stated standards;
Motion made seconded and passed unanimously that the project has met the
standard as it is a simple land division with no financial burden.
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 to waive the standard as it
is not applicable because there are none.
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 that the project has met
the standard due to no new proposed land development.
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;
Motion made, seconded, and passed unanimously to waive the standard as
it is not applicable, it is not in a 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 that the project has met
the standard, as all wetlands are presented on map that was presented by Kathy
Anderson.
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 to that the project has met
the standard, no streams are present on the property as shown on map that was
presented by Kathy Anderson.
P. Will provide for adequate storm water
management;
Motion made, seconded and passed unanimously to waive as not applicable
because this is a simple land division, with no proposed land development.
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 to waive as not applicable
because there are no streams. rivers, or great Ponds.
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
Motion made, seconded and passed unanimously to waive as not applicable
because there are no Great Ponds in the vicinity.
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.
Motion made, seconded and passed unanimously to waive as not applicable
because it does not cross municipalities.
Therefore:
The Plaisted/ Anderson
subdivision application on New England Road meets all provisions and standards
of the Land Use Ordinance and Title 30-A MRSA§4404.
Motion
to Accept and Seconded Vote: Unanimous
4. Minutes: Review of May 6, 2008:
Motion was made, seconded, and passed unanimously
to pass over until next meeting.
5. Communications:
A. PB Clerk reported on the
final standings of the Comprehensive Planning updating process.
OVERVIEW:
**Last meeting with Steve was on December
18,. He and Karen’s recommendations were to: update the 1993 plan, using the new
state rules and establishing an industrial growth district and amending Zoning
in growth-rural areas to match the new rules. Therefore making it comply with
the zoning ordinances. The Planning Board
obliged.
**And two motions were made regarding
the Comprehensive plan.:
1. To change the comp plan to
formulating an amendment to delete the industrial zone language.
2. Paul to amend/change the wording
in section 500 of the Ordinance (mainly the industrial/growth
zone)
**The new rules for the Comprehensive Plan can be found on the States web page
under the Land Use Planning program Chapter 208. If any questions regarding the updates is
needed the Planning Board may contact John Webber at the state Planning Office
@ 287-4818. He is also available to give
a presentation to the Planning Board, regarding it.
LOOKING AHEAD:
** Currant 1993
Comprehensive Plan doesn’t expire until
2012 as it is. But zoning and Comprehensive need to be in compliance.
** The Comp plan will need to
be submitted by 9-20-08 to the State if PB decides to go with the Old
Rule. No need for a town vote for this.
** New Data, & maps from
the State on Searsmonts and surrounding towns are projected to be out in June
08, according to Stacy.
** Projected State Shoreland re-Zoning will be out in
October -08.
** A recommendation needs to
be presented to the selectmen as to how to proceed with the Comprehensive plan.
** November-20 minutes
reflect Stacy’s suggestions. I have a copy of
Stacy’s Zoning/Comprehensive outline for those who need one.
B. Planning
Board Clerk called Steve Page and left a
message with him regarding his involvement in the Comprehensive plan updates
and the needed definition for a footprint, as discussed on March 4, and all that is related to that Definition.
C. Warrants
for the past 8 years, and Special town meetings have begun a review
process.
D. On-line disclaimers: Updated
6. Old Business:
A. A
fee for a Change of Use must be determined and added to the fee schedule
and section 800, as it is in Section 1100 of the Ordinance and therefore needs
to be added to the fee schedule in Section 800. Further discussions will
follow.
7. New business: None
8. Adjournment: 9:00
pm.