Minutes: Thursday, May 29, 2008
Present: Jim Foster, Jack Goosetrey, Wayne Wood, Gary Foster, Richard Bibber, Councilor Margaret Hutchins, Wade Trudel
Others present: Doug Webster, John Palimeter
1. Approval of May 21, 2008 ORC minutes
2. Ordinances
a. Continuation of work on 401.
401.13 (page 49). Wayne Wood asked if this is the standard that the Town should hold everyone to.
Jim Foster believes that it is not practical to hold homeowners to the standard for the water testing as for public water and asked what the source for this.
Richard Bibber indicated that he believes it is based on State models.
Gary Foster suggested adding the word “public” before water to clarify.
Doug Webster indicated that standard test likely refers to the range of acceptable limits that a test produces.
Jim Foster suggests that they look at the state standards and what is included. (Referring to the “Maine rules”) He indicated that there are primary and secondary limits.
401.13.3 C-
Richard questions “water temperature.” He questions how this can be assessed. There was a discussion on buffers and what the DEP is doing/requiring.
Gary Foster suggested that: A,B,C and D should eliminated and include DEP rules for best practices.
Wayne indicated that as written it is a mandate and impacts the developer’s budget since it is a requirement.
Doug indicated that section D is attempting to make certain that there is sufficient loam remaining for the owners for a lawn and grounds for example. Section D could be put in a different location and combine A, B, C under the DEP rules suggestion.
Wayne asked if needs to be spelled out, since a permit is required.
Doug indicated that this creates clarity about the sufficiency of what loam remains. He suggested referencing BMPs and a separate standard on the top soil. There is a certain amount of trust placed in the hands of the Planning Board to be certain that the development be done correctly.
401.13.14 E- The group does not see any logic to E and suggests striking it.
C- Wayne asked why 15”
Doug indicated that the state requires this number and is an indication that a second system may be required in case the first one fails as the soil may be questionable.
There was a discussion on being clear and a suggestion for 12” in general and 15” for shoreland zones. Doug suggests including in compliance with plumbing codes.
401.12.15-There were questions about how the compliance is achieved and how does the developer address this to the Planning Board.
Wade indicated that it is a municipal function and requirement, and it is arbitrary and puts the burden on the development.
Doug indicated that the 5 year requirement would give the Town time to make adjustments for increased waste. Gary indicated that municipal waste tonnage is actually going down.
Wade and Wayne believe that this reflects on the lack of future planning on the part of the Town.
Councilor Hutchins asked what would happen if this was omitted and if a large subdivision was created and the waste facility had to close because of capacity. Wayne indicated that it is up to the town to find the solution through the tax base and whether or not the citizens wish to fund it.
Doug indicated that this attempts to protect the Town if a large development came into being and the waste facility was nearing capacity.
There are concerns that this clause would give the Planning Board cause to deny an application.
Jack believes that advanced information on potentially being at near capacity would help them plan in advance for capital improvements.
Wayne indicated that this is as written for all subdivisions regardless of size and that at present the waste facility receives plans for review.
There were questions about individual homes and whether or not their impact is reviewed. Wayne indicated that currently housing permits are a 50/50 split between individual homes and subdivisions. The Town should track this if they require this information in the Subdivision Ordinance. Doug indicated that there is no legally accepted, nor fair method on individual lots to make it equitable. Wayne suggests that some items should be moved to the Zoning Ordinance to make it more equitable.
Doug suggested that the developer could submit a letter with an estimate of yearly solid waste to be submitted to the Town/Planning Board. This would be a similar format as what they are required to do for water.
Councilor Hutchins indicated that the Solid Waste Department can report on the numbers, but Wade believes that this is putting the burden on the developer and not the town to plan ahead. Councilor Hutchins is confident on the reporting and trusts on their suggestions from their reporting. She suggests keeping it in and asking George Thebarge why it is in this document.
There was an extensive discussion using various scenarios and what the impact and process would be. Wade believes that the Town should be planning for this contingency now and not when these scenarios come into being. Wayne believes that the Town should not be near capacity if the suggested scenarios came into being.
Jack believes there should be a working committee to help work and expand on the comprehensive solid waste plan. They could meet on an as needed basis.
Wade believes that the Town must know what capacity level the Town will reach. There must already be extensive data to review.
Gary suggests striking section E.
401.13.6 Impact on Natural Beauty….
Gary recommends striking this entire section.
Doug stated that this is likely from the model subdivision guidelines and is one interpretation of the subdivision statute. He also indicated that parts of it come from the shoreline standards based on past projects.
Wade asked about section E “reservation and dedication of public lands….” He believes this section states the only thing that the developer can do with the property. He believes that the buyers should have say on what they want to do with the land.
Councilor Hutchins indicated that the common open space is on their deed. Wade believes that there are a lot of different ways they can use it. Doug asked Wade if he believes that the ordinance provide the ability for the developer to propose alternate ways for the common space not listed here. Wade doesn’t believe that the proposed wording in the current revision should be included. Doug indicated that there needs some indication about the density. Wayne indicated that to simplify this by saying that the developer cannot be further divided. Doug believes that there has to be a connection to the lots in the development. Wayne suggested that section B could imply a land trust of some kind.
Jim would like to see what in the proposed document is required by the state and then decide on the rest.
Councilor Hutchins indicated that the revision is using the state guidelines and then there are specifics to the town. Jim wants to know what the laws and guidelines are. He stated that there can’t be a discussion about what is law. Wayne commented that the State law (cited A-T) is listed and then the rest are recommendations, if the Town wants to adopt them and is it appropriate for the Town’s needs.
There was also a continued discussion on various parts of this section including the clearing of land, etc., the reasoning as to whether or not certain things should be done. The group believes this section is subjective. There was also a discussion on how the Town could handle public spaces. Wayne suggested wording it to include State guidelines. Wade suggests eliminating this and to find out why it is needed. Richard Bibber indicated that the Town has a Comprehensive Plan that was not accepted by the State and asked if this should be mentioned. Jim Foster believes that the proposed document is too comprehensive.
Wade asked if this group accepts this as written. The group indicated no.
Councilor Hutchins believes that other Councilors will want specifics on this group’s comments including page numbers, comments and specific recommendations for those sections. She suggests specific information in their report for June 17th.
Wade indicated that he is not pleased with the way the process is and what is being proposed. There was a discussion in particular about the fire suppression issue.
b. Review proposed Chapter 402 revision-Tabled to the next meeting.
3. Next meeting agenda
4. Other-NONE
5. Adjournment
Gary Foster moved; Wade Trudel seconded.
Motion to adjourn
The meeting ended at 9:30pm
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