town of harpswell planning board minutes september 19, 20183f690c92-5208-4d62-bafb... · planning...

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Town of Harpswell Planning Board Minutes September 19, 2018 Adopted October 17, 2018 Members Present Allan LeGrow, Chair Paul Standridge, Vice Chair Aaron Fuchs John Papacosma Burr Taylor, Associate Members Absent Joanne Rogers Staff Present Mark Eyerman, Planner Diane Plourde, Recording Secretary The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair appointed Burr Taylor a full voting member for this meeting. Old Business: None New Business: 18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little Ponds Preserve – Parking Lot Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a sign on property for the walking trail. MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed there are ways of keeping the runoff on the property. Under Shoreland Zoning Ordinance Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of the SLZ Ordinance are not applicable to the Land Trust application: 15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or Below the Maximum High Water Line 15.4 Campgrounds 15.5 Individual Private Campsites 15.6 Commercial and Industrial Uses 15.8 Roads and Driveways 15.11 Subsurface Wastewater Disposal 15.12 Utilities and Essential Services 15.13 Agriculture 15.15 Clearing of Vegetation 15.16 Earth Moving, Erosion and Sedimentation Control 15.17 Soils 15.18 Water Quality 15.19 Archeological and Historic Sites

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Page 1: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Town of Harpswell

Planning Board Minutes

September 19, 2018 Adopted October 17, 2018

Members Present

Allan LeGrow, Chair

Paul Standridge, Vice Chair

Aaron Fuchs

John Papacosma

Burr Taylor, Associate

Members Absent

Joanne Rogers

Staff Present

Mark Eyerman, Planner

Diane Plourde, Recording Secretary

The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan

LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair

appointed Burr Taylor a full voting member for this meeting.

Old Business: None

New Business:

18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little

Ponds Preserve – Parking Lot

Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking

lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a

sign on property for the walking trail.

MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site

visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed

there are ways of keeping the runoff on the property.

Under Shoreland Zoning Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of

the SLZ Ordinance are not applicable to the Land Trust application:

15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or

Below the Maximum High Water Line

15.4 Campgrounds

15.5 Individual Private Campsites

15.6 Commercial and Industrial Uses

15.8 Roads and Driveways

15.11 Subsurface Wastewater Disposal

15.12 Utilities and Essential Services

15.13 Agriculture

15.15 Clearing of Vegetation

15.16 Earth Moving, Erosion and Sedimentation Control

15.17 Soils

15.18 Water Quality

15.19 Archeological and Historic Sites

Page 2: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

2

15.20 Home Occupations

15.21 Fertilizer Use

15.22 In-Law Apartments

15.23 Community Piers, Docks and Wharves

15.24 Swimming Pools

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the following standards duplicate the

standards of the Site Plan Review Ordinance:

15.10 Storm Water Runoff (15.9 Stormwater Management) Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.1 Minimum Lot Standards, 15.2 Principal and Accessory

Structures, and 15.7 Parking areas based on the following findings: The lot meets the

minimum lot size requirement of 40,000 square feet for a public or private recreational

facility. The land is not adjacent to tidal waters so the application meets the shore frontage

requirement. The parking area meets the property line setbacks but does not meet the 75’

shoreland setback requirement. However 15.7.1.1 allows the setback of parking areas in the

CF1 to be reduced to no less than 25 feet if the CEO finds that no reasonable alternative

exists. The Board should condition its approval of the application on the CEO making such a

determination. There are no other structures on the property other than a sign at the entrance.

The parking area is sized appropriately based on the Land Trust’s experience and will be

designed to minimize runoff and erosion. Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.9 Signs based on the following findings: The Harpswell Heritage

Land Trust proposes to install one sign at the entrance to the preserve. The sign will be

36” x 18” and will not be lit. Motion carries 5-0.

Under Site Plan Review Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following Standards of Section

15 are not applicable to the Land Trust application:

15.1 Dimensional Requirements (see above for conformance with the Shoreland Zoning

requirements)

15.10 Erosion Control

15.11 Water Supply

15.12. Subsurface Waste Disposal

15.13. Utilities and Essential Services

15.14 Natural Features and Buffering

15.15 Lighting

15.16 Water Quality Protection

15.17 Hazardous, Special and Radioactive Materials

15.19 Historic and Archeological Resources

15.20 Floodplain Management

Motion carries 5-0.

Page 3: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

3

15.2 Utilization of the Site

Allan LeGrow moved seconded by Aaron Fuchs that the applicant proposes to use the

location between the Resource Protection Districts for the entrance to the preserve. The

entrance to the parking area will be located to maximize sight-distance. Motion carries 5-0.

15.3 Adequacy of Road System

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is located on the Bethel

Point Road which has capacity to serve the project. There are no intersections with poor

levels of service in the vicinity of the site. Motion carries 5-0.

15.4 Access to the Site

Allan LeGrow moved seconded by Aaron Fuchs that the application proposes that access

into the site will be directly from the Bethel Point Road. The entrance to the parking area is

located to maximize sight-distance. Bethel Point road will be suitable for the limited use.

The applicant will place the sign near the entrance. Motion carries 5-0.

15.5 Access/Egress Way Location and Spacing

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is to create a new access

to the parking area from the Bethel Point Road. This intersection is located more than 50 feet

from any other intersection with Bethel Point Road. Motion carries 5-0.

15.6 Internal Vehicular Circulation

Allan LeGrow moved seconded by Paul Standridge that the layout of the access and

parking spaces conforms to the standards. Motion carries 5-0.

15.7 Parking

Allan LeGrow moved seconded by Paul Standridge that the applicant has provided

adequate parking to serve the limited use of the preserve based on the use of parking areas at

the Land Trust’s similar preserves.

Motion carries 5-0.

15.7.2 Layout and Design

Allan LeGrow moved seconded by Aaron Fuchs that the parking area allows vehicles to

park at 90 degrees to the driveway and then back out of the parking spaces in accordance

with the requirements.

Motion carries 5-0.

15.8 Pedestrian Circulation

Allan LeGrow moved seconded by Paul Standridge that the applicant is not proposing any

pedestrian facilities other than the preserve’s trail system that starts at the trail head adjacent

to the parking area. Given the nature of the activities, this is appropriate. There are no

existing sidewalks in the surrounding area. Motion carries 5-0.

Page 4: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

4

15.9 Stormwater Management

Allan LeGrow moved seconded by Aaron Fuchs that runoff from the parking area will

sheet flow from the surface of the gravel parking area and be carried off to the existing

drainage ditch along Bethel Point Road. A culvert will be installed to allow the existing

drainage to flow under the access road. Motion carries 5-0.

15.21 Technical and Financial Capacity:

Allan LeGrow moved seconded by Paul Standridge that the Harpswell Heritage Land

Trust is an established community organization with a track record of owning and

maintaining similar facilities in the community. Motion carries 5-0.

Conclusions of Law

Allan LeGrow moved seconded by Paul Standridge that this approval is contingent upon

the Code Enforcement Officer approving the location of the parking area in accordance with

15.7.1.1 of the Shoreland Zoning Ordinance. Motion carries 5-0.

18-09-02 – James Henderson & Rebecca Williams Map 42 Lot 24, 2 Jays Ledge Lane –

Subdivision Amendment

Mr. Henderson told the Board that he would like to revise the lot line between their lot and

the adjacent lot which will allow him to build a garage that would not otherwise meet the

setback requirements.

Application Completeness

Allan LeGrow moved seconded by Paul Standridge that the application provides the

information required for a lot line amendment in accordance with Section 8.13 and 8.3.2.

Motion carries 5-0.

9.1 Conformance

Allan LeGrow moved seconded by Aaron Fuchs that the proposed lot line adjustment

involves a land swap between the two lots. The revision will not change the road frontage of

either lot. The required setbacks of the existing structures on the two lots will not be

impacted by the revision. Motion carries 5-0.

9.2 through 9.17

Allan LeGrow moved seconded by Aaron Fuchs that the following approval standards are

not impacted by the revision to the lot:

9.2. Municipal Services

9.3. Preservation of the Landscape

9.4. Lots

9.5. Land Not Suitable for Development

9.6. Required Improvements 9.6.1 Lot Markers

9.6.2 Water Supply

9.6.3 Sewage Disposal

9.6.4 Fire Protection

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Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

5

9.7. Erosion and Sedimentation Control

9.8. Utilities

9.9. Construction in Flood Hazard Areas

9.10. Impact on Wetlands

9.11. Impact on Groundwater

9.12. Stormwater Management

9.13 Offshore Islands

9.14. Aesthetic, Cultural, and Natural Values

9.15. Traffic

9.16. Homeowners/Landowners Association

9.17. Community Dock

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the applicants, James Henderson and

Rebecca Williams, have met the standards of the Town of Harpswell Subdivision Ordinance.

The Planning Board approves the application with the following standard conditions of

approval:

1. This approval is not final until such time as the final plan has been signed by the Planning

Board.

2. This approval is based on the approved plan prepared by MidCoast Survey Co. and dated

August 15, 2018, and on all submissions and information provided by the applicant at final

approval, whether referenced in any findings or conditions of approval.

3. This approval is dependent upon and limited to the proposal and plan contained in the

application and supporting documents submitted and affirmed to by the applicant. Any

variation from the plan, proposals, and supporting documents, except de minimis changes as

determined by the Town Planner that do not affect approval standards, is subject to the

review and approval of the Planning Board prior to implementation.

Motion carries 5-0.

Consideration of Minutes: August 15, 2018

Aaron Fuchs moved seconded by Paul Standridge to accept the minutes of August 15, 2018 as

presented. Motion carries 5-0.

Other Business:

Communications: The Planner told the Board that a large parcel of land on Peabody Road is

for sale and he met with the potential buyers to discuss a possible subdivision. They have

retained Sitelines for preliminary work and they may be at the October meeting.

The next regular meeting will be October 17, 2018.

Adjournment: Meeting adjourned at 8:15 p.m.

Respectfully submitted by:

Page 6: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

6

Diane E. Plourde

Recording Secretary

Page 7: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Town of Harpswell

Planning Board Minutes

September 19, 2018 Adopted October 17, 2018

Members Present

Allan LeGrow, Chair

Paul Standridge, Vice Chair

Aaron Fuchs

John Papacosma

Burr Taylor, Associate

Members Absent

Joanne Rogers

Staff Present

Mark Eyerman, Planner

Diane Plourde, Recording Secretary

The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan

LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair

appointed Burr Taylor a full voting member for this meeting.

Old Business: None

New Business:

18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little

Ponds Preserve – Parking Lot

Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking

lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a

sign on property for the walking trail.

MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site

visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed

there are ways of keeping the runoff on the property.

Under Shoreland Zoning Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of

the SLZ Ordinance are not applicable to the Land Trust application:

15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or

Below the Maximum High Water Line

15.4 Campgrounds

15.5 Individual Private Campsites

15.6 Commercial and Industrial Uses

15.8 Roads and Driveways

15.11 Subsurface Wastewater Disposal

15.12 Utilities and Essential Services

15.13 Agriculture

15.15 Clearing of Vegetation

15.16 Earth Moving, Erosion and Sedimentation Control

15.17 Soils

15.18 Water Quality

15.19 Archeological and Historic Sites

Page 8: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

2

15.20 Home Occupations

15.21 Fertilizer Use

15.22 In-Law Apartments

15.23 Community Piers, Docks and Wharves

15.24 Swimming Pools

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the following standards duplicate the

standards of the Site Plan Review Ordinance:

15.10 Storm Water Runoff (15.9 Stormwater Management) Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.1 Minimum Lot Standards, 15.2 Principal and Accessory

Structures, and 15.7 Parking areas based on the following findings: The lot meets the

minimum lot size requirement of 40,000 square feet for a public or private recreational

facility. The land is not adjacent to tidal waters so the application meets the shore frontage

requirement. The parking area meets the property line setbacks but does not meet the 75’

shoreland setback requirement. However 15.7.1.1 allows the setback of parking areas in the

CF1 to be reduced to no less than 25 feet if the CEO finds that no reasonable alternative

exists. The Board should condition its approval of the application on the CEO making such a

determination. There are no other structures on the property other than a sign at the entrance.

The parking area is sized appropriately based on the Land Trust’s experience and will be

designed to minimize runoff and erosion. Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.9 Signs based on the following findings: The Harpswell Heritage

Land Trust proposes to install one sign at the entrance to the preserve. The sign will be

36” x 18” and will not be lit. Motion carries 5-0.

Under Site Plan Review Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following Standards of Section

15 are not applicable to the Land Trust application:

15.1 Dimensional Requirements (see above for conformance with the Shoreland Zoning

requirements)

15.10 Erosion Control

15.11 Water Supply

15.12. Subsurface Waste Disposal

15.13. Utilities and Essential Services

15.14 Natural Features and Buffering

15.15 Lighting

15.16 Water Quality Protection

15.17 Hazardous, Special and Radioactive Materials

15.19 Historic and Archeological Resources

15.20 Floodplain Management

Motion carries 5-0.

Page 9: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

3

15.2 Utilization of the Site

Allan LeGrow moved seconded by Aaron Fuchs that the applicant proposes to use the

location between the Resource Protection Districts for the entrance to the preserve. The

entrance to the parking area will be located to maximize sight-distance. Motion carries 5-0.

15.3 Adequacy of Road System

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is located on the Bethel

Point Road which has capacity to serve the project. There are no intersections with poor

levels of service in the vicinity of the site. Motion carries 5-0.

15.4 Access to the Site

Allan LeGrow moved seconded by Aaron Fuchs that the application proposes that access

into the site will be directly from the Bethel Point Road. The entrance to the parking area is

located to maximize sight-distance. Bethel Point road will be suitable for the limited use.

The applicant will place the sign near the entrance. Motion carries 5-0.

15.5 Access/Egress Way Location and Spacing

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is to create a new access

to the parking area from the Bethel Point Road. This intersection is located more than 50 feet

from any other intersection with Bethel Point Road. Motion carries 5-0.

15.6 Internal Vehicular Circulation

Allan LeGrow moved seconded by Paul Standridge that the layout of the access and

parking spaces conforms to the standards. Motion carries 5-0.

15.7 Parking

Allan LeGrow moved seconded by Paul Standridge that the applicant has provided

adequate parking to serve the limited use of the preserve based on the use of parking areas at

the Land Trust’s similar preserves.

Motion carries 5-0.

15.7.2 Layout and Design

Allan LeGrow moved seconded by Aaron Fuchs that the parking area allows vehicles to

park at 90 degrees to the driveway and then back out of the parking spaces in accordance

with the requirements.

Motion carries 5-0.

15.8 Pedestrian Circulation

Allan LeGrow moved seconded by Paul Standridge that the applicant is not proposing any

pedestrian facilities other than the preserve’s trail system that starts at the trail head adjacent

to the parking area. Given the nature of the activities, this is appropriate. There are no

existing sidewalks in the surrounding area. Motion carries 5-0.

Page 10: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

4

15.9 Stormwater Management

Allan LeGrow moved seconded by Aaron Fuchs that runoff from the parking area will

sheet flow from the surface of the gravel parking area and be carried off to the existing

drainage ditch along Bethel Point Road. A culvert will be installed to allow the existing

drainage to flow under the access road. Motion carries 5-0.

15.21 Technical and Financial Capacity:

Allan LeGrow moved seconded by Paul Standridge that the Harpswell Heritage Land

Trust is an established community organization with a track record of owning and

maintaining similar facilities in the community. Motion carries 5-0.

Conclusions of Law

Allan LeGrow moved seconded by Paul Standridge that this approval is contingent upon

the Code Enforcement Officer approving the location of the parking area in accordance with

15.7.1.1 of the Shoreland Zoning Ordinance. Motion carries 5-0.

18-09-02 – James Henderson & Rebecca Williams Map 42 Lot 24, 2 Jays Ledge Lane –

Subdivision Amendment

Mr. Henderson told the Board that he would like to revise the lot line between their lot and

the adjacent lot which will allow him to build a garage that would not otherwise meet the

setback requirements.

Application Completeness

Allan LeGrow moved seconded by Paul Standridge that the application provides the

information required for a lot line amendment in accordance with Section 8.13 and 8.3.2.

Motion carries 5-0.

9.1 Conformance

Allan LeGrow moved seconded by Aaron Fuchs that the proposed lot line adjustment

involves a land swap between the two lots. The revision will not change the road frontage of

either lot. The required setbacks of the existing structures on the two lots will not be

impacted by the revision. Motion carries 5-0.

9.2 through 9.17

Allan LeGrow moved seconded by Aaron Fuchs that the following approval standards are

not impacted by the revision to the lot:

9.2. Municipal Services

9.3. Preservation of the Landscape

9.4. Lots

9.5. Land Not Suitable for Development

9.6. Required Improvements 9.6.1 Lot Markers

9.6.2 Water Supply

9.6.3 Sewage Disposal

9.6.4 Fire Protection

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Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

5

9.7. Erosion and Sedimentation Control

9.8. Utilities

9.9. Construction in Flood Hazard Areas

9.10. Impact on Wetlands

9.11. Impact on Groundwater

9.12. Stormwater Management

9.13 Offshore Islands

9.14. Aesthetic, Cultural, and Natural Values

9.15. Traffic

9.16. Homeowners/Landowners Association

9.17. Community Dock

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the applicants, James Henderson and

Rebecca Williams, have met the standards of the Town of Harpswell Subdivision Ordinance.

The Planning Board approves the application with the following standard conditions of

approval:

1. This approval is not final until such time as the final plan has been signed by the Planning

Board.

2. This approval is based on the approved plan prepared by MidCoast Survey Co. and dated

August 15, 2018, and on all submissions and information provided by the applicant at final

approval, whether referenced in any findings or conditions of approval.

3. This approval is dependent upon and limited to the proposal and plan contained in the

application and supporting documents submitted and affirmed to by the applicant. Any

variation from the plan, proposals, and supporting documents, except de minimis changes as

determined by the Town Planner that do not affect approval standards, is subject to the

review and approval of the Planning Board prior to implementation.

Motion carries 5-0.

Consideration of Minutes: August 15, 2018

Aaron Fuchs moved seconded by Paul Standridge to accept the minutes of August 15, 2018 as

presented. Motion carries 5-0.

Other Business:

Communications: The Planner told the Board that a large parcel of land on Peabody Road is

for sale and he met with the potential buyers to discuss a possible subdivision. They have

retained Sitelines for preliminary work and they may be at the October meeting.

The next regular meeting will be October 17, 2018.

Adjournment: Meeting adjourned at 8:15 p.m.

Respectfully submitted by:

Page 12: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

6

Diane E. Plourde

Recording Secretary

Page 13: Town of Harpswell Planning Board Minutes September 19, 20183F690C92-5208-4D62-BAFB... · Planning Board meeting minutes September 19, 2018 Adopted October 17, 2018 3 15.2 Utilization

Town of Harpswell

Planning Board Minutes

September 19, 2018 Adopted October 17, 2018

Members Present

Allan LeGrow, Chair

Paul Standridge, Vice Chair

Aaron Fuchs

John Papacosma

Burr Taylor, Associate

Members Absent

Joanne Rogers

Staff Present

Mark Eyerman, Planner

Diane Plourde, Recording Secretary

The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan

LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair

appointed Burr Taylor a full voting member for this meeting.

Old Business: None

New Business:

18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little

Ponds Preserve – Parking Lot

Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking

lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a

sign on property for the walking trail.

MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site

visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed

there are ways of keeping the runoff on the property.

Under Shoreland Zoning Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of

the SLZ Ordinance are not applicable to the Land Trust application:

15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or

Below the Maximum High Water Line

15.4 Campgrounds

15.5 Individual Private Campsites

15.6 Commercial and Industrial Uses

15.8 Roads and Driveways

15.11 Subsurface Wastewater Disposal

15.12 Utilities and Essential Services

15.13 Agriculture

15.15 Clearing of Vegetation

15.16 Earth Moving, Erosion and Sedimentation Control

15.17 Soils

15.18 Water Quality

15.19 Archeological and Historic Sites

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Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

2

15.20 Home Occupations

15.21 Fertilizer Use

15.22 In-Law Apartments

15.23 Community Piers, Docks and Wharves

15.24 Swimming Pools

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the following standards duplicate the

standards of the Site Plan Review Ordinance:

15.10 Storm Water Runoff (15.9 Stormwater Management) Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.1 Minimum Lot Standards, 15.2 Principal and Accessory

Structures, and 15.7 Parking areas based on the following findings: The lot meets the

minimum lot size requirement of 40,000 square feet for a public or private recreational

facility. The land is not adjacent to tidal waters so the application meets the shore frontage

requirement. The parking area meets the property line setbacks but does not meet the 75’

shoreland setback requirement. However 15.7.1.1 allows the setback of parking areas in the

CF1 to be reduced to no less than 25 feet if the CEO finds that no reasonable alternative

exists. The Board should condition its approval of the application on the CEO making such a

determination. There are no other structures on the property other than a sign at the entrance.

The parking area is sized appropriately based on the Land Trust’s experience and will be

designed to minimize runoff and erosion. Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.9 Signs based on the following findings: The Harpswell Heritage

Land Trust proposes to install one sign at the entrance to the preserve. The sign will be

36” x 18” and will not be lit. Motion carries 5-0.

Under Site Plan Review Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following Standards of Section

15 are not applicable to the Land Trust application:

15.1 Dimensional Requirements (see above for conformance with the Shoreland Zoning

requirements)

15.10 Erosion Control

15.11 Water Supply

15.12. Subsurface Waste Disposal

15.13. Utilities and Essential Services

15.14 Natural Features and Buffering

15.15 Lighting

15.16 Water Quality Protection

15.17 Hazardous, Special and Radioactive Materials

15.19 Historic and Archeological Resources

15.20 Floodplain Management

Motion carries 5-0.

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15.2 Utilization of the Site

Allan LeGrow moved seconded by Aaron Fuchs that the applicant proposes to use the

location between the Resource Protection Districts for the entrance to the preserve. The

entrance to the parking area will be located to maximize sight-distance. Motion carries 5-0.

15.3 Adequacy of Road System

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is located on the Bethel

Point Road which has capacity to serve the project. There are no intersections with poor

levels of service in the vicinity of the site. Motion carries 5-0.

15.4 Access to the Site

Allan LeGrow moved seconded by Aaron Fuchs that the application proposes that access

into the site will be directly from the Bethel Point Road. The entrance to the parking area is

located to maximize sight-distance. Bethel Point road will be suitable for the limited use.

The applicant will place the sign near the entrance. Motion carries 5-0.

15.5 Access/Egress Way Location and Spacing

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is to create a new access

to the parking area from the Bethel Point Road. This intersection is located more than 50 feet

from any other intersection with Bethel Point Road. Motion carries 5-0.

15.6 Internal Vehicular Circulation

Allan LeGrow moved seconded by Paul Standridge that the layout of the access and

parking spaces conforms to the standards. Motion carries 5-0.

15.7 Parking

Allan LeGrow moved seconded by Paul Standridge that the applicant has provided

adequate parking to serve the limited use of the preserve based on the use of parking areas at

the Land Trust’s similar preserves.

Motion carries 5-0.

15.7.2 Layout and Design

Allan LeGrow moved seconded by Aaron Fuchs that the parking area allows vehicles to

park at 90 degrees to the driveway and then back out of the parking spaces in accordance

with the requirements.

Motion carries 5-0.

15.8 Pedestrian Circulation

Allan LeGrow moved seconded by Paul Standridge that the applicant is not proposing any

pedestrian facilities other than the preserve’s trail system that starts at the trail head adjacent

to the parking area. Given the nature of the activities, this is appropriate. There are no

existing sidewalks in the surrounding area. Motion carries 5-0.

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15.9 Stormwater Management

Allan LeGrow moved seconded by Aaron Fuchs that runoff from the parking area will

sheet flow from the surface of the gravel parking area and be carried off to the existing

drainage ditch along Bethel Point Road. A culvert will be installed to allow the existing

drainage to flow under the access road. Motion carries 5-0.

15.21 Technical and Financial Capacity:

Allan LeGrow moved seconded by Paul Standridge that the Harpswell Heritage Land

Trust is an established community organization with a track record of owning and

maintaining similar facilities in the community. Motion carries 5-0.

Conclusions of Law

Allan LeGrow moved seconded by Paul Standridge that this approval is contingent upon

the Code Enforcement Officer approving the location of the parking area in accordance with

15.7.1.1 of the Shoreland Zoning Ordinance. Motion carries 5-0.

18-09-02 – James Henderson & Rebecca Williams Map 42 Lot 24, 2 Jays Ledge Lane –

Subdivision Amendment

Mr. Henderson told the Board that he would like to revise the lot line between their lot and

the adjacent lot which will allow him to build a garage that would not otherwise meet the

setback requirements.

Application Completeness

Allan LeGrow moved seconded by Paul Standridge that the application provides the

information required for a lot line amendment in accordance with Section 8.13 and 8.3.2.

Motion carries 5-0.

9.1 Conformance

Allan LeGrow moved seconded by Aaron Fuchs that the proposed lot line adjustment

involves a land swap between the two lots. The revision will not change the road frontage of

either lot. The required setbacks of the existing structures on the two lots will not be

impacted by the revision. Motion carries 5-0.

9.2 through 9.17

Allan LeGrow moved seconded by Aaron Fuchs that the following approval standards are

not impacted by the revision to the lot:

9.2. Municipal Services

9.3. Preservation of the Landscape

9.4. Lots

9.5. Land Not Suitable for Development

9.6. Required Improvements 9.6.1 Lot Markers

9.6.2 Water Supply

9.6.3 Sewage Disposal

9.6.4 Fire Protection

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9.7. Erosion and Sedimentation Control

9.8. Utilities

9.9. Construction in Flood Hazard Areas

9.10. Impact on Wetlands

9.11. Impact on Groundwater

9.12. Stormwater Management

9.13 Offshore Islands

9.14. Aesthetic, Cultural, and Natural Values

9.15. Traffic

9.16. Homeowners/Landowners Association

9.17. Community Dock

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the applicants, James Henderson and

Rebecca Williams, have met the standards of the Town of Harpswell Subdivision Ordinance.

The Planning Board approves the application with the following standard conditions of

approval:

1. This approval is not final until such time as the final plan has been signed by the Planning

Board.

2. This approval is based on the approved plan prepared by MidCoast Survey Co. and dated

August 15, 2018, and on all submissions and information provided by the applicant at final

approval, whether referenced in any findings or conditions of approval.

3. This approval is dependent upon and limited to the proposal and plan contained in the

application and supporting documents submitted and affirmed to by the applicant. Any

variation from the plan, proposals, and supporting documents, except de minimis changes as

determined by the Town Planner that do not affect approval standards, is subject to the

review and approval of the Planning Board prior to implementation.

Motion carries 5-0.

Consideration of Minutes: August 15, 2018

Aaron Fuchs moved seconded by Paul Standridge to accept the minutes of August 15, 2018 as

presented. Motion carries 5-0.

Other Business:

Communications: The Planner told the Board that a large parcel of land on Peabody Road is

for sale and he met with the potential buyers to discuss a possible subdivision. They have

retained Sitelines for preliminary work and they may be at the October meeting.

The next regular meeting will be October 17, 2018.

Adjournment: Meeting adjourned at 8:15 p.m.

Respectfully submitted by:

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Adopted October 17, 2018

6

Diane E. Plourde

Recording Secretary

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Town of Harpswell

Planning Board Minutes

September 19, 2018 Adopted October 17, 2018

Members Present

Allan LeGrow, Chair

Paul Standridge, Vice Chair

Aaron Fuchs

John Papacosma

Burr Taylor, Associate

Members Absent

Joanne Rogers

Staff Present

Mark Eyerman, Planner

Diane Plourde, Recording Secretary

The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan

LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair

appointed Burr Taylor a full voting member for this meeting.

Old Business: None

New Business:

18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little

Ponds Preserve – Parking Lot

Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking

lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a

sign on property for the walking trail.

MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site

visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed

there are ways of keeping the runoff on the property.

Under Shoreland Zoning Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of

the SLZ Ordinance are not applicable to the Land Trust application:

15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or

Below the Maximum High Water Line

15.4 Campgrounds

15.5 Individual Private Campsites

15.6 Commercial and Industrial Uses

15.8 Roads and Driveways

15.11 Subsurface Wastewater Disposal

15.12 Utilities and Essential Services

15.13 Agriculture

15.15 Clearing of Vegetation

15.16 Earth Moving, Erosion and Sedimentation Control

15.17 Soils

15.18 Water Quality

15.19 Archeological and Historic Sites

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15.20 Home Occupations

15.21 Fertilizer Use

15.22 In-Law Apartments

15.23 Community Piers, Docks and Wharves

15.24 Swimming Pools

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the following standards duplicate the

standards of the Site Plan Review Ordinance:

15.10 Storm Water Runoff (15.9 Stormwater Management) Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.1 Minimum Lot Standards, 15.2 Principal and Accessory

Structures, and 15.7 Parking areas based on the following findings: The lot meets the

minimum lot size requirement of 40,000 square feet for a public or private recreational

facility. The land is not adjacent to tidal waters so the application meets the shore frontage

requirement. The parking area meets the property line setbacks but does not meet the 75’

shoreland setback requirement. However 15.7.1.1 allows the setback of parking areas in the

CF1 to be reduced to no less than 25 feet if the CEO finds that no reasonable alternative

exists. The Board should condition its approval of the application on the CEO making such a

determination. There are no other structures on the property other than a sign at the entrance.

The parking area is sized appropriately based on the Land Trust’s experience and will be

designed to minimize runoff and erosion. Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.9 Signs based on the following findings: The Harpswell Heritage

Land Trust proposes to install one sign at the entrance to the preserve. The sign will be

36” x 18” and will not be lit. Motion carries 5-0.

Under Site Plan Review Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following Standards of Section

15 are not applicable to the Land Trust application:

15.1 Dimensional Requirements (see above for conformance with the Shoreland Zoning

requirements)

15.10 Erosion Control

15.11 Water Supply

15.12. Subsurface Waste Disposal

15.13. Utilities and Essential Services

15.14 Natural Features and Buffering

15.15 Lighting

15.16 Water Quality Protection

15.17 Hazardous, Special and Radioactive Materials

15.19 Historic and Archeological Resources

15.20 Floodplain Management

Motion carries 5-0.

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15.2 Utilization of the Site

Allan LeGrow moved seconded by Aaron Fuchs that the applicant proposes to use the

location between the Resource Protection Districts for the entrance to the preserve. The

entrance to the parking area will be located to maximize sight-distance. Motion carries 5-0.

15.3 Adequacy of Road System

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is located on the Bethel

Point Road which has capacity to serve the project. There are no intersections with poor

levels of service in the vicinity of the site. Motion carries 5-0.

15.4 Access to the Site

Allan LeGrow moved seconded by Aaron Fuchs that the application proposes that access

into the site will be directly from the Bethel Point Road. The entrance to the parking area is

located to maximize sight-distance. Bethel Point road will be suitable for the limited use.

The applicant will place the sign near the entrance. Motion carries 5-0.

15.5 Access/Egress Way Location and Spacing

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is to create a new access

to the parking area from the Bethel Point Road. This intersection is located more than 50 feet

from any other intersection with Bethel Point Road. Motion carries 5-0.

15.6 Internal Vehicular Circulation

Allan LeGrow moved seconded by Paul Standridge that the layout of the access and

parking spaces conforms to the standards. Motion carries 5-0.

15.7 Parking

Allan LeGrow moved seconded by Paul Standridge that the applicant has provided

adequate parking to serve the limited use of the preserve based on the use of parking areas at

the Land Trust’s similar preserves.

Motion carries 5-0.

15.7.2 Layout and Design

Allan LeGrow moved seconded by Aaron Fuchs that the parking area allows vehicles to

park at 90 degrees to the driveway and then back out of the parking spaces in accordance

with the requirements.

Motion carries 5-0.

15.8 Pedestrian Circulation

Allan LeGrow moved seconded by Paul Standridge that the applicant is not proposing any

pedestrian facilities other than the preserve’s trail system that starts at the trail head adjacent

to the parking area. Given the nature of the activities, this is appropriate. There are no

existing sidewalks in the surrounding area. Motion carries 5-0.

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15.9 Stormwater Management

Allan LeGrow moved seconded by Aaron Fuchs that runoff from the parking area will

sheet flow from the surface of the gravel parking area and be carried off to the existing

drainage ditch along Bethel Point Road. A culvert will be installed to allow the existing

drainage to flow under the access road. Motion carries 5-0.

15.21 Technical and Financial Capacity:

Allan LeGrow moved seconded by Paul Standridge that the Harpswell Heritage Land

Trust is an established community organization with a track record of owning and

maintaining similar facilities in the community. Motion carries 5-0.

Conclusions of Law

Allan LeGrow moved seconded by Paul Standridge that this approval is contingent upon

the Code Enforcement Officer approving the location of the parking area in accordance with

15.7.1.1 of the Shoreland Zoning Ordinance. Motion carries 5-0.

18-09-02 – James Henderson & Rebecca Williams Map 42 Lot 24, 2 Jays Ledge Lane –

Subdivision Amendment

Mr. Henderson told the Board that he would like to revise the lot line between their lot and

the adjacent lot which will allow him to build a garage that would not otherwise meet the

setback requirements.

Application Completeness

Allan LeGrow moved seconded by Paul Standridge that the application provides the

information required for a lot line amendment in accordance with Section 8.13 and 8.3.2.

Motion carries 5-0.

9.1 Conformance

Allan LeGrow moved seconded by Aaron Fuchs that the proposed lot line adjustment

involves a land swap between the two lots. The revision will not change the road frontage of

either lot. The required setbacks of the existing structures on the two lots will not be

impacted by the revision. Motion carries 5-0.

9.2 through 9.17

Allan LeGrow moved seconded by Aaron Fuchs that the following approval standards are

not impacted by the revision to the lot:

9.2. Municipal Services

9.3. Preservation of the Landscape

9.4. Lots

9.5. Land Not Suitable for Development

9.6. Required Improvements 9.6.1 Lot Markers

9.6.2 Water Supply

9.6.3 Sewage Disposal

9.6.4 Fire Protection

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9.7. Erosion and Sedimentation Control

9.8. Utilities

9.9. Construction in Flood Hazard Areas

9.10. Impact on Wetlands

9.11. Impact on Groundwater

9.12. Stormwater Management

9.13 Offshore Islands

9.14. Aesthetic, Cultural, and Natural Values

9.15. Traffic

9.16. Homeowners/Landowners Association

9.17. Community Dock

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the applicants, James Henderson and

Rebecca Williams, have met the standards of the Town of Harpswell Subdivision Ordinance.

The Planning Board approves the application with the following standard conditions of

approval:

1. This approval is not final until such time as the final plan has been signed by the Planning

Board.

2. This approval is based on the approved plan prepared by MidCoast Survey Co. and dated

August 15, 2018, and on all submissions and information provided by the applicant at final

approval, whether referenced in any findings or conditions of approval.

3. This approval is dependent upon and limited to the proposal and plan contained in the

application and supporting documents submitted and affirmed to by the applicant. Any

variation from the plan, proposals, and supporting documents, except de minimis changes as

determined by the Town Planner that do not affect approval standards, is subject to the

review and approval of the Planning Board prior to implementation.

Motion carries 5-0.

Consideration of Minutes: August 15, 2018

Aaron Fuchs moved seconded by Paul Standridge to accept the minutes of August 15, 2018 as

presented. Motion carries 5-0.

Other Business:

Communications: The Planner told the Board that a large parcel of land on Peabody Road is

for sale and he met with the potential buyers to discuss a possible subdivision. They have

retained Sitelines for preliminary work and they may be at the October meeting.

The next regular meeting will be October 17, 2018.

Adjournment: Meeting adjourned at 8:15 p.m.

Respectfully submitted by:

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September 19, 2018

Adopted October 17, 2018

6

Diane E. Plourde

Recording Secretary

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Town of Harpswell

Planning Board Minutes

September 19, 2018 Adopted October 17, 2018

Members Present

Allan LeGrow, Chair

Paul Standridge, Vice Chair

Aaron Fuchs

John Papacosma

Burr Taylor, Associate

Members Absent

Joanne Rogers

Staff Present

Mark Eyerman, Planner

Diane Plourde, Recording Secretary

The Town of Harpswell Planning Board meeting was called to order at 6:30 p.m. by Allan

LeGrow, Chair. The Pledge of Allegiance was recited and the Board was introduced. The Chair

appointed Burr Taylor a full voting member for this meeting.

Old Business: None

New Business:

18-09-01 Reed Coles, Map 60 Lot 10, Bethel Point Road Harpswell – Site Plan Review – Little

Ponds Preserve – Parking Lot

Mr. Coles told the Board that the Harpswell Heritage Land Trust (HHLT) wishes to lay a parking

lot down to service the walking trail on the Little Ponds Preserve. The Trust will also have a

sign on property for the walking trail.

MaryAnn Nahf, representing the Conservation Committee, told the Board that while on the site

visit she is addressing the runoff of the water flow into the ditch. If when the trees are removed

there are ways of keeping the runoff on the property.

Under Shoreland Zoning Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following standards of Section of

the SLZ Ordinance are not applicable to the Land Trust application:

15.3 Piers, Docks, Wharves, Bridges, and Other Structures and Uses Extending Over or

Below the Maximum High Water Line

15.4 Campgrounds

15.5 Individual Private Campsites

15.6 Commercial and Industrial Uses

15.8 Roads and Driveways

15.11 Subsurface Wastewater Disposal

15.12 Utilities and Essential Services

15.13 Agriculture

15.15 Clearing of Vegetation

15.16 Earth Moving, Erosion and Sedimentation Control

15.17 Soils

15.18 Water Quality

15.19 Archeological and Historic Sites

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15.20 Home Occupations

15.21 Fertilizer Use

15.22 In-Law Apartments

15.23 Community Piers, Docks and Wharves

15.24 Swimming Pools

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the following standards duplicate the

standards of the Site Plan Review Ordinance:

15.10 Storm Water Runoff (15.9 Stormwater Management) Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.1 Minimum Lot Standards, 15.2 Principal and Accessory

Structures, and 15.7 Parking areas based on the following findings: The lot meets the

minimum lot size requirement of 40,000 square feet for a public or private recreational

facility. The land is not adjacent to tidal waters so the application meets the shore frontage

requirement. The parking area meets the property line setbacks but does not meet the 75’

shoreland setback requirement. However 15.7.1.1 allows the setback of parking areas in the

CF1 to be reduced to no less than 25 feet if the CEO finds that no reasonable alternative

exists. The Board should condition its approval of the application on the CEO making such a

determination. There are no other structures on the property other than a sign at the entrance.

The parking area is sized appropriately based on the Land Trust’s experience and will be

designed to minimize runoff and erosion. Motion carries 5-0.

Allan LeGrow moved seconded by Paul Standridge that the application of the HHLT

meets the standards of 15.9 Signs based on the following findings: The Harpswell Heritage

Land Trust proposes to install one sign at the entrance to the preserve. The sign will be

36” x 18” and will not be lit. Motion carries 5-0.

Under Site Plan Review Ordinance

Allan LeGrow moved seconded by Aaron Fuchs that the following Standards of Section

15 are not applicable to the Land Trust application:

15.1 Dimensional Requirements (see above for conformance with the Shoreland Zoning

requirements)

15.10 Erosion Control

15.11 Water Supply

15.12. Subsurface Waste Disposal

15.13. Utilities and Essential Services

15.14 Natural Features and Buffering

15.15 Lighting

15.16 Water Quality Protection

15.17 Hazardous, Special and Radioactive Materials

15.19 Historic and Archeological Resources

15.20 Floodplain Management

Motion carries 5-0.

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15.2 Utilization of the Site

Allan LeGrow moved seconded by Aaron Fuchs that the applicant proposes to use the

location between the Resource Protection Districts for the entrance to the preserve. The

entrance to the parking area will be located to maximize sight-distance. Motion carries 5-0.

15.3 Adequacy of Road System

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is located on the Bethel

Point Road which has capacity to serve the project. There are no intersections with poor

levels of service in the vicinity of the site. Motion carries 5-0.

15.4 Access to the Site

Allan LeGrow moved seconded by Aaron Fuchs that the application proposes that access

into the site will be directly from the Bethel Point Road. The entrance to the parking area is

located to maximize sight-distance. Bethel Point road will be suitable for the limited use.

The applicant will place the sign near the entrance. Motion carries 5-0.

15.5 Access/Egress Way Location and Spacing

Allan LeGrow moved seconded by Aaron Fuchs that the proposal is to create a new access

to the parking area from the Bethel Point Road. This intersection is located more than 50 feet

from any other intersection with Bethel Point Road. Motion carries 5-0.

15.6 Internal Vehicular Circulation

Allan LeGrow moved seconded by Paul Standridge that the layout of the access and

parking spaces conforms to the standards. Motion carries 5-0.

15.7 Parking

Allan LeGrow moved seconded by Paul Standridge that the applicant has provided

adequate parking to serve the limited use of the preserve based on the use of parking areas at

the Land Trust’s similar preserves.

Motion carries 5-0.

15.7.2 Layout and Design

Allan LeGrow moved seconded by Aaron Fuchs that the parking area allows vehicles to

park at 90 degrees to the driveway and then back out of the parking spaces in accordance

with the requirements.

Motion carries 5-0.

15.8 Pedestrian Circulation

Allan LeGrow moved seconded by Paul Standridge that the applicant is not proposing any

pedestrian facilities other than the preserve’s trail system that starts at the trail head adjacent

to the parking area. Given the nature of the activities, this is appropriate. There are no

existing sidewalks in the surrounding area. Motion carries 5-0.

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15.9 Stormwater Management

Allan LeGrow moved seconded by Aaron Fuchs that runoff from the parking area will

sheet flow from the surface of the gravel parking area and be carried off to the existing

drainage ditch along Bethel Point Road. A culvert will be installed to allow the existing

drainage to flow under the access road. Motion carries 5-0.

15.21 Technical and Financial Capacity:

Allan LeGrow moved seconded by Paul Standridge that the Harpswell Heritage Land

Trust is an established community organization with a track record of owning and

maintaining similar facilities in the community. Motion carries 5-0.

Conclusions of Law

Allan LeGrow moved seconded by Paul Standridge that this approval is contingent upon

the Code Enforcement Officer approving the location of the parking area in accordance with

15.7.1.1 of the Shoreland Zoning Ordinance. Motion carries 5-0.

18-09-02 – James Henderson & Rebecca Williams Map 42 Lot 24, 2 Jays Ledge Lane –

Subdivision Amendment

Mr. Henderson told the Board that he would like to revise the lot line between their lot and

the adjacent lot which will allow him to build a garage that would not otherwise meet the

setback requirements.

Application Completeness

Allan LeGrow moved seconded by Paul Standridge that the application provides the

information required for a lot line amendment in accordance with Section 8.13 and 8.3.2.

Motion carries 5-0.

9.1 Conformance

Allan LeGrow moved seconded by Aaron Fuchs that the proposed lot line adjustment

involves a land swap between the two lots. The revision will not change the road frontage of

either lot. The required setbacks of the existing structures on the two lots will not be

impacted by the revision. Motion carries 5-0.

9.2 through 9.17

Allan LeGrow moved seconded by Aaron Fuchs that the following approval standards are

not impacted by the revision to the lot:

9.2. Municipal Services

9.3. Preservation of the Landscape

9.4. Lots

9.5. Land Not Suitable for Development

9.6. Required Improvements 9.6.1 Lot Markers

9.6.2 Water Supply

9.6.3 Sewage Disposal

9.6.4 Fire Protection

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9.7. Erosion and Sedimentation Control

9.8. Utilities

9.9. Construction in Flood Hazard Areas

9.10. Impact on Wetlands

9.11. Impact on Groundwater

9.12. Stormwater Management

9.13 Offshore Islands

9.14. Aesthetic, Cultural, and Natural Values

9.15. Traffic

9.16. Homeowners/Landowners Association

9.17. Community Dock

Motion carries 5-0.

Allan LeGrow moved seconded by Aaron Fuchs that the applicants, James Henderson and

Rebecca Williams, have met the standards of the Town of Harpswell Subdivision Ordinance.

The Planning Board approves the application with the following standard conditions of

approval:

1. This approval is not final until such time as the final plan has been signed by the Planning

Board.

2. This approval is based on the approved plan prepared by MidCoast Survey Co. and dated

August 15, 2018, and on all submissions and information provided by the applicant at final

approval, whether referenced in any findings or conditions of approval.

3. This approval is dependent upon and limited to the proposal and plan contained in the

application and supporting documents submitted and affirmed to by the applicant. Any

variation from the plan, proposals, and supporting documents, except de minimis changes as

determined by the Town Planner that do not affect approval standards, is subject to the

review and approval of the Planning Board prior to implementation.

Motion carries 5-0.

Consideration of Minutes: August 15, 2018

Aaron Fuchs moved seconded by Paul Standridge to accept the minutes of August 15, 2018 as

presented. Motion carries 5-0.

Other Business:

Communications: The Planner told the Board that a large parcel of land on Peabody Road is

for sale and he met with the potential buyers to discuss a possible subdivision. They have

retained Sitelines for preliminary work and they may be at the October meeting.

The next regular meeting will be October 17, 2018.

Adjournment: Meeting adjourned at 8:15 p.m.

Respectfully submitted by:

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Planning Board meeting minutes

September 19, 2018

Adopted October 17, 2018

6

Diane E. Plourde

Recording Secretary