TOWN OF HOLLIS
PLANNING BOARD
34 Town Farm Road
Hollis ME 04042
Minutes of Planning Board Meeting 27 May 2015
Call to Order: The regular meeting of the Town of Hollis Planning Board was called to order at 7:00 PM at the Community Building by Chairman Chris Roy.
Roll Call: Christopher Roy, Faith Plummer, Victor Kirmes, Rita Perron,Paul Mattor, CEO Peter Gordon, Secretary Martha Turner.
Presentation from SMPDC:
Mr. Mattor moved to take the agenda out of order, to present Mr. Lee Jay Feldman, from the Southern Maine Planning and Development Commission (SMPDC). The motion was seconded and carried unanimously.
Mr. Feldman is the Director of Planning for SMPDC, and has more than thirty years’ experience in land use planning and development. He explained that SMPDC provides its 39 member communities with assistance in land use planning and development, comprehensive plan revision, ordinance revision, economic development, and related issues. As a member of SMPDC, the Town of Hollis is entitled to ongoing yearly basic assistance for a limited number of hours, and the town can also hire SMPDC consultants to work on specific projects as needed.
Mr. Feldman emphasized that process is vitally important for any development project. If a developer or an abutter should choose to sue the town, the town must be able to document that every step was followed correctly. If a developer requests a waiver for any part of the application process, the developer must provide the board with a written document detailing why the waiver is being requested, for each specific item. The board must then vote individually on whether or not to grant each waiver that is requested.
In reviewing the subdivision application to determine if it is complete, the board must first determine if all required documents have been submitted. Then the board must determine if every individual item is complete and adequate.
After the board finds that a subdivision application is complete, each waiver has been addressed, and public hearing has been held, the board must approve or deny the application. The checklist that the town uses in the approval process is not a legal document, and varies from town to town. The “Findings of Fact” (and not the meeting minutes) will be the legal document that will be referenced in case an issue goes to court. This is the most important document.
One of the Findings of Fact must indicate whether or not the planned subdivision is in conformance with the goals of the town’s Comprehensive Plan. Mr. Feldman noted that the Comprehensive Plan is the guiding land use document for the town, but is not a legal document, it is not a law or an ordinance.
Ms. Plummer asked about the maximum percentage of lot coverage indicated in the Comprehensive Plan under “Land Use Plan.” Mr. Feldman replied that this percentage of lot coverage includes everything that is on the lot – house, garage, shed, etc. Thus, if the maximum lot coverage in that zone is 20%, and the house alone covers 15%, that would leave only 5% of the total lot left for everything else.
Mr. Gordon asked about the issue of “remaining land” designated on a subdivision plan. Mr. Feldman stated that the developer must indicate if there is any plan to develop that land at a later date; e.g., is there a “second phase” planned? If so, then that must be indicated on the plans. Otherwise, if the remaining land is developed more than five years later, it would no longer be tied to the original development.
Mr. Feldman noted that the State of Maine has recently enacted new Shoreland Zoning Regulations, and each town in Maine must now revise their own regulations to be in conformance. Each town must at least meet the new regulations, and may be more restrictive than the State if so desired.
Review of Minutes: After reviewing and discussing the minutes of the May 13 meeting, several changes were suggested. The Board voted unanimously to accept the minutes as amended.
Correspondence: Board members received a copy of a letter from SMPDC regarding a recent Maine Supreme Court ruling concerning application review and “Findings of Fact.”
CEO Report: Mr. Gordon reported that an issue regarding timber harvesting has come to his attention. He noted that he can issue a permit for timber harvesting, and he can consult with the Maine Forest Service if necessary.
Old Business: Proposed changes to Zoning Ordinance regarding Board of Appeals. Mr. Mattor noted that suggested changes submitted by BOA Chairman Bart Sughrue do not refer to the most recently updated Zoning Ordinance, amended in 2013. This issue was tabled until reviewed with Mr. Sughrue.
According to Section 1.5, the Zoning Ordinance may be amended by “a majority of ballots cast at a Town Meeting if the proposed amendment is recommended by the Planning Board.”
Regarding a proposed Loitering Ordinance, Mr. Mattor suggested that perhaps it is not within the scope of the Planning Board’s duties to develop such an ordinance. This item was tabled for future consideration.
Proposed changes to Growth Ordinance. The Planning Board is mandated to review the Growth Ordinance every year. The Comprehensive Plan recommends phasing out the Growth Ordinance. Further discussion tabled for review at a future meeting.
New Business: None
Public Comment: None
Next Meeting: The next Planning Board meeting will be on Wednesday, June 10, at 7:00 PM.
The Board will invite both Lee Jay Feldman and Bill Thompson (BH2M) to attend this meeting to continue discussion of the two proposed subdivisions, Clark Farm & Warren Farm.
Adjourn: The meeting was adjourned at 8:55 PM.
Minutes Submitted by Martha Turner, Secretary
Approved by Planning Board 6-10-15
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5-27-15