MINUTES
TOWN OF TOPSHAM
PLANNING BOARD MEETING
MAY 3, 2005
______
MEMBERS PRESENT: Chairman, Ronald Bisson; Jonathan Davis; Vice Chairman, Gary Fogg; James Granholm; Kenneth Lamoreaux; Darrell Long and Richard Nest.
MEMBERS ABSENT: All present.
ALSO PRESENT: Town Planner Richard Roedner and Assistant Planner Rod Melanson were also present.
A regular meeting of the Topsham Planning Board was held at the Topsham Public Library on Tuesday, May 3, 2005. Chairman, Ronald Bisson, called the meeting to order at 7:00 p.m. (Members of the Board met before the meeting to conduct a site walk for Village Oak Hill [River Ridge]).
REGULAR BUSINESS
1. ROLL CALL
The recording secretary conducted the roll call and noted that all members were present.
1-A ADDITIONS TO THE AGENDA
There were no additions to the agenda.
Mr. Roedner reported on the site walk.
Announcement was made of a Public Hearing with the Board of Selectmen on Thursday, May 5, 2005 on the Town Meeting Warrant, including the Comprehensive Plan. There is another public meeting on Wednesday, May 11 at the Library specifically for the Comprehensive Plan. It is anticipated that acceptance of the Comprehensive Plan will be on the May 19, 2005 Town Meeting agenda.
2. MINUTES OF THE APRIL 5, 2005 AND APRIL 19, 2005 MEETINGS.
April 5, 2005
Motion was made by Mr. Lamoreaux, seconded by Mr. Fogg and it was unanimously
VOTED
To approve the minutes of the April 5, 205 meeting as written.
April 19, 2005
Motion was made by Mr. Lamoreaux, seconded by Mr. Granholm and it was unanimously
VOTED
To approve the minutes of the April 19, 2005 meeting as written.
(The vote was 5 in favor with 2 abstentions [Fogg and Nest]).
3. PUBLIC HEARING - THE PLANNING BOARD WILL HEAR ALL COMMENTS AND CONCERNS ON THE PROPOSED 8,000 S.F. RENTAL CENTER AT 169 TOPSHAM FAIR MALL ROAD, SUBMITTED BY TOPSHAM RENTAL CENTER (R05, LOT 21 D10).
Curtis______from Sitelines introduced the applicant Jim Lyons and reviewed proposed changes to the plan. This is before the Board for a public hearing on the site plan application of Lyons-Hinkson Enterprises to construct an 8,000 s.f. rental facility at 169 Topsham Fair Mall Road on Lot 21D-10, Map R5. The property is located in the MUC zoning district.
The plan has changed since sketch plan review due to an unexpected amount of ledge. The satellite parking lot has been eliminated and the main site has been deepened. The plan now shows a stormwater management plan with two detention basins on the Topsham Fair Mall Road. There was a discussion whether this is the best location for these facilities. Mr. ______told the Board a berm with extensive shrubbery would shield the pond from the road.
Originally the plan showed two entrances but because of potential overflow into the parking area the plan has been changed to show a single entrance. The building has been moved back and parking added to the rear of the lot. The only lighting in the project will be that mounted on the side of the building.
DEP has not yet signed off on the project and a sewer issue (internal wash rack and oil separator installation) needs to be resolved. Also, the line servicing the property is not in use as there are no users tied into it. The Sewer District has notified the Planning Office that there is a defect in the line and that they are seeking repair from Home Depot who was the owner during the installation. The Sewer District will not allow any hookups until this issue is resolved.
The Stormwater Management Plan is currently being reviewed.
Following Mr. ______'s presentation the Public Hearing was declared open. There were no comments from members of the public, nor anyone to speak in opposition. The Public Hearing was declared closed and members of the Board discussed the project.
Motion was made by Mr. Fogg, seconded by Mr. Lamoreaux and it was unanimously
VOTED
To approve the Site Plan Application for Topsham Rental Center at 169 Topsham Fair Mall Road, Tax Map R05, Lot 21 D10 subject to the following conditions:
1. No permits will be issued until the sewer connections are approved by the Sewer District.
2. Approvals are not considered final until the plans have been signed by the Planning Board.
3. Approvals are based on Topsham Rental Center Site Plan dated 4-15-05; Erosion Control Notes dated 4-12-05 and the Landscape Plan dated 4-11-05.
4. No occupancy shall be permitted until all infrastructure and site work has been completed according to the plans.
5. Propane tank protection must be satisfactorily revised before approval.
6. Driveway width must be reduced to 26-feet.
7. No deviations may be made to the plans without prior approval from the Planning Office.
8. Landscaping must be guaranteed for a minimum of three years.
9. The approval is subject to DEP approval.
10. All work must be completed in conformance with Best Management Practices for Soil Erosion and Sediment Control.
4. FINAL SITE PLAN - DAVID GIROUX HAS SUBMITTED A PROPOSED 3,000 S.F. BUILDING EXPANSION FOR VERMEER NORTHEAST 1T 605 LEWISTON ROAD, (TAX MAP R02, LOT 49B).
David Giroux reviewed the final site plan for his project, a proposed 3,000 s.f. addition to the existing structure. The additional space will be used as a storage area for additional equipment. Mr. Giroux told the Board that the size of the project remains the same as his original presentation but the building has been moved back 5-feet to meet ordinance standards.
The applicant requested a waiver for additional plantings due to ledge on the site. 12 trees have been planted on the left side of the lot and the applicant said he will extend additional trees on the right side. He will also add shrubbery between the trees and will place plants along the east side of the building.
The dumpster will be placed on a pad to the rear of the property and will be adequately screened. A bicycle rack has been added to the site. The Board was in agreement that an outside Architectural Review would not be necessary for this project as the building conforms to standards.
Motion was made by Mr. Fogg, seconded by Mr. Granholm and it was unanimously
VOTED
To approve the Site Plan Application for Vermeer Northeast at 605 Lewiston Road, Tax Map R02, Lot 49B with the following 7 conditions:
1. This approval is not final until such time as final plans showing all conditions and waivers have been signed by the Planning Board.
2. This approval is based on the approved plans listed below, and on all submissions and information provided by the applicant at final approval, whether referenced in any findings or conditions of approval.
3. All work shall be completed in conformance with the approved plans, entitled "Vermeer Northeast," drawn by Sitelines, Inc. and dated April 12, 2005.
4. No Occupancy Permits of New Construction shall be permitted until all infrastructure serving the new construction and all site features have been completed according to the approved plans.
5. No deviation of the approved plans is permitted without prior approval from the Planning Board or Planning Office.
6. All landscaping shall be guaranteed for a minimum of three years following installation.
7. All work shall be completed in accordance with Best Management Practices for Soil, Erosion and Sediment Control.
5. SUBDIVISION AMENDMENT - ROBERT F. BRILLANT, MADELYN AVENUE, IS SEEKING APPROVAL OF AN AMENDMENT TO THE BRILLANT SUBDIVISION, BY CONVERTING TWO LOTS DESIGNATED AS "OPEN SPACE" TO HOUSE LOTS. THE PROPERTY IS IDENTIFIED BY TAX MAP U13A, LOTS 10 AND 33.
History Notes:
This is before the Board for a Public Hearing on the application of Bob Brillant to amend the approved plans for the Brillant Subdivision, including Madelyn, Loop, Link, Jeanne and Old Tavern Road. When this subdivision received approval back in the 1980s, there was a requirement that land be set aside as open space, or a fee be paid to the Town in lieu of dedication of land. At that time, the applicant opted to provide the land and the above two parcels were deeded to the Town. Since that time, the Town has done nothing with the two lots. Following a review of Town-owned parcels by the Conservation Committee, these two parcels were determined to be not needed by the Town, under current policies regarding recreation space. As there was a condition on the deed that if the Town did not want the land it would have to be deeded back to the applicant, the Board of Selectmen voted to deed these two parcels back to Mr. Brillant. Since there is still a requirement in Topsham's Code for land to be set aside, or for a fee to be paid in lieu of dedication, the Planner has worked with the applicant and the Assessor's Office to determine what that fee would have been during the initial review of the project. An Open Space Fee has been determined of $8,325 and the applicant has agreed to pay this amount upon approval of this proposed amendment. The Town Planner noted that he spoke with the Maine Municipal Association and was told that a Planning Board has the authority to amend a subdivision.
Charles Brown of Sebago Technics represented the applicant, reviewed a sketch plan and noted that the applicant agreed with the $8,325 fee. Following Mr. Brown's presentation, comments were received from members of the public, including…
Anthony Ninkovich of 11 Link Lane - Mr. Ninkovich spoke in opposition of the land going back to Mr. Brillant. He said he purchased his lot 20 years ago and was told the adjacent property would remain green space for ever - and that was why he purchased that particular lot. Mr. Ninkovich added that the land was not the Town's to give back, that it belonged to the subdivision. He presented a letter to the Board from the DEP saying Mr. Brillant was in violation.
Christopher Dwinal of 62 Bridge Street commented that it didn't seem right that the land would be given back to the applicant free of charge and questioned how much the Town could have recapped in taxes since 1980. Mr. Dwinal said he thought the impact formula should be based on today's value of the land.
Mr. Ninkovich added it didn't seem fair that the applicant went 20 years without paying taxes and now gets the land back.
Ed Webster from 1 Granite Drive told the Board he has lived in a lot of places with dedicated open space and that the was absolutely shocked that the Town of Topsham is considering giving this land back to the owner. Mr. Webster said the action is absurd and completely unlawful. He added that it was outrageous that the Town would allow preserved open space to be developed and asked what gave the Board the right to change a decision made over 20 years ago.
Following listening to all comments the Board deliberated among themselves. Motion was made by Mr. Davis, seconded by Mr. Fogg and it was
VOTED
To deny the request to amend the Brillant Subdivision Plan to allow the conversion of two lots designed as "Open Space" to house lots.
(The vote was 4 in favor, 2 opposed and 1 abstention.)
Voting in favor: Davis Opposed: Lamoreaux Abstained: Long
Fogg Bisson
Granholm
Nest
(Board member Lamoreaux left the meeting at this point.)
6. FINAL SUBDIVISION AND SITE PLAN - HIGHLAND GREEN HAS SUBMITTED A PROPOSED AMENDED SUBDIVISION PLAN AND SITE PLAN FOR PHASE 2E TO ADD 28 UNITS (TAX MAP R04, LOTS 17E, 17a-5, 17A-B-1, TAX MAP R09, LOT 64).
Because of a possible conflict of interest, Chairman Bisson turned the gavel over to Vice Chairman Fogg who conducted the meeting during consideration of this agenda item.
Chris Belanger of Sitelines represented the applicant and reviewed the application. The applicant is requesting to add 28 units involving 18 units on the recently acquired Toth parcel; 9 units on Lot C4 and 1 unit on lot 17 A-5.
Ross Cudlitz's review is pending as is DEP review. Acting Chairman Fogg inquired why so much fill is needed. Mr. Belanger explained that 24-inch culverts are necessary which required 2-feet of fill. Water needs 5-feet of fill which makes 6-feet to the bottom of the pipe. 8-feet of fill is required in the crossing for a 4% or 5% grade.
Mr. Belanger explained that curbs will be needed to direct water to meet DEP requirements regarding the wetland. Because of the addition of curbs, the road width has been increased from 18-feet to 20-feet.
Following discussion, motion was made by Mr. Davis to approve the amendment to the Highland Green Subdivision Plan and Site Plan for Phase 3E, to add 28 units to tax map R04, Lots 17E, 17A-5, 17A-B-1 and tax map R09, Lot 64 to include Conditions 1 through 11 in the 4-28-05 memo from Rod Melanson.
The motion did not receive a second because questions arose regarding DEP approval and Ross Cudlitz's review.
Motion was then made by Mr. Granholm, seconded by Mr. Nest and it was
VOTED
To approve the Amendment to the Highland Green Subdivision Plan and Site Plan for Phase 3E, to add 28 units to Tax Map R04, Lots 17E, 17A-5, 17A-B-1 and Tax Map R09, Lot 64 with the following 12 conditions:
1. This approval is not final until such time as final plans, showing all conditions and waivers, have been signed by the Planning Board.
2. Approval is based on the approved plans listed in No. 3 and on all submissions and information provided by the applicant at final approval, whether referenced in any findings or conditions of approval.
3. All work shall be completed in conformance with the approved plans, entitled "Highland Green Final Plan Phase 2E, drawn by Sitelines P.A. and dated 3-18-05", consisting of the following page(s): M-1 Cover Sheet P2E-1, Site Development Plan P2E-2, Site Development Plan P2E-3, Site Development Plan Phase 2E Unit #142 P2E-4, Site Development Plan Phase 2E Units #133 Thru #144 P2E-5, Site Development Plan Phase 2E Units #143 and #144 P2E-6, Site Development Plan Phase 2E Units #145 Thru #151 P2E-7, Site Development Plan Phase 2E Units.