Minutes: Thursday, June 5, 2008
Present: Jim Foster, Jack Goosetrey, Gary Foster, Richard Bibber, Wayne Wood, Wade Trudel, Councilor Margaret Hutchins.
Code Enforcement Officer Doug Webster
1. Approval of May 29, 2008 ORC minutes
Gary Foster moved; Richard Bibber seconded
Motion to approve the May 29, 2008 ORC minutes as presented
6 Yes
2. Ordinances
a. Continuation of Ordinance 401
Page 54. 401.13.6
Section c- Wildlife habitat section: Suggests stating “follow state regulations”
d- Turn this section over to Shoreland Zoning Ordinance.
e- There was discussion about leaving it up to the homeowner’s association. Jim suggested in this section that public water supply be included and still be considered as an open space. There was a discussion about whether or not things should be prohibited and then should they want change, they would have to come back to the Planning Board for a waiver. Wade believes it is too restrictive.
Councilor Hutchins asked whether or not everyone in an association would have to agree to a propose change. Others indicated that it is dependent as to how the by-laws are written and Doug indicated that in some cases the developer could still maintain a certain percentage of control over the open space and this vote could override the other votes.
There were discussions about the restrictiveness of this section and it could make it harder to even get a waiver in the future.
It was suggested that the only restriction should be for further residential development.
It was suggested that Section A should be remain the same and B and C be subsections of A. By doing so, it would not have to go to the Planning Board for changes.
There was a discussion on opt out provisions, lot sizes etc and interpretations, and how that impacts the open space aspect of this section.
There was a concern that #5 implies that the owner is responsible, and seems to contradict other parts of this section. It was suggested that the wording be changed to state that only if the lot owners own the common land would these provisions apply.
Wayne asked whether or not this should be there if it is not part of the cluster subdivision section.
E1- suggested change would be “if the common land includes open space…” or “if land is designated as open space…” for clarification. Doug indicated that if it is clearly labeled in the subdivision plan then there shouldn’t be a problem. This section helps clarify if it is not labeled. There was a discussion about the density impact.
Financial and technical capacity- Wade believes that this section precludes the large developers. There was a discussion incorporating various examples to discuss the appropriateness of this section in particular the bonding aspect and whether or not a phase in process is clearer.
401.13.9 Ground water quality and quantity- Wayne asked as to whether or not in major subdivisions a hydrologic assessment. Jim suggested that Section 13.9 a 3,4 and 5 needs more work and clarified as to what it really means. He believes that the standard should be below the maximum. Doug suggested that waste water and primary drinking water standards are being combined in #3. Jim does not read it that way. Doug commented that the location of wells and septic systems minimize contamination. Wade asked if the State Plumbing Codes do this already. Doug indicated that it is trying to further decrease the likelihood of well/septic contamination. The hydrologic study is essentially a nitrate plume study. It is an attempt, in particular, in small subdivisions to determine the length
and direction of the nitrate plumes and to lessen the likelihood for contamination. They cited page 30 and there was an extensive discussion on the threshold. Wayne indicated that it’s possible to get a waiver for the hydrologic study if the necessary criteria are met.
Wayne indicated that the standards described are what is currently done and believes that it is good that they are clearly stated.
#2 Drought standards.
#3 Jim believes that this section should be worded as a certain percentage below the maximum standards since the maximum indicates that it’s not drinkable.
Jim suggests changing the wording “meet…level” to” should be less than the maximum contaminant level” or “not to exceed the maximum contaminant level.” “Nitrogen levels are less than 10…”
#6 indicates stating where the well and septic will be placed. There was a difference of opinion about whether or not it is appropriate due to possible changes by the owner, a dry well in the proposed area etc. Gary suggests incorporating the state’s Plumbing Codes in this section.
#7 Wade does not believe that this section should not be included. There was a discussion on water standards, quantity and quality of pressurized water.
B1- Wade believes that this section appears to be in conflict with state laws on this issue and the group questioned how this would be judged. There were questions as to how the water tables can be evaluated. Jim indicated that it would probably be a hydrologic survey and many years of water level testing to assess the effect. It was suggested that this section be eliminated.
2A-Wade believes that 10% is too low and could be higher. Gary believes that the location of the impervious surface is also important. Wayne indicated that this is the reason the DEP requires buffers.
It also would not apply in all cases and based on soil conditions.
Jim suggested that a letter be formulated requesting more time from the Town Council to review this. Wayne indicated that other groups have had more specific sections to review and that this group reviews these documents as a whole.
Councilor Hutchins indicated that no decision will be made on June 17th but rather a presentation including questions, concerns and suggested changes.
Wade suggested that the group meet and come prepared with comments. It was suggested that using the minutes to formulate the document. Wayne asked about 402. Wade indicated that 402 will likely not be ready and that the group should go prepared with suggestions, changes and concerns, on 401 and a request for more time to finalize the review.
Jim suggested that George would have been appropriate to facilitate this group. Councilor Hutchins commented that he is stretched very thin with various other committees for the town and the Town Council has charged him with completing these reviews as a priority.
b. Review proposed Chapter 402 revision-Tabled.
c. Next meeting agenda- The group will meet June 12th at 7pm and incorporate the meeting minutes to create a document for the Town Council.
d. Other
e. Adjournment- Gary Foster moved; Wade Trudel seconded
Motion to adjourn the meeting.
7 Yes.
The meeting ended 9:25pm
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