Gray Planning Board Minutes
November 13, 2008 - 7:00 p.m.
UPSTAIRS – STIMSON HALL
Dan Cobb, Don Hutchings, John Redlon, Jack Goosetrey, Jason Wilson, George Thebarge,
Excused: Rod Boyington
Others present and speaking: Gordon Foss, Doug Stewart, Randy Dunton, Rick Licht
Dan Cobb moved; John Redlon seconded
Motion to make Jack Goosetrey a voting member.
5 yes
I. Minutes
A. Minutes of October 23, 2008
Jason Wilson moved; John Redlon seconded.
Motion to accept the Oct. 23, 2008 Planning Board Minutes as presented
5 Yes
II. Information Exchange
George Thebarge indicated that the Council has accepted 401 and 402 Ordinance review. He also commented on the 3 person sub-group of the Planning Board for small projects. Don Hutchings asked to discuss this on the non-agenda items section.
Dan Cobb stated that on the Ledgewood Subdivision he noticed some issue that needs to be clarified on road curbing. George Thebarge indicated that he will find out and get back to them.
III. Public Hearing and New Business
A. Request by Linda Liberty for approval of the final plan for major subdivision for Freedom Drive off North Raymond Rd. Applicant’s agent is Pinkham and Greer. Map 10-1 & 10-4.
Jason Wilson moved; (Note: No one seconded and vote not taken)
Motion to table approval of the final plan for major subdivision for Freedom Drive off North Raymond Rd. Applicant’s agent is Pinkham and Greer. Map 10-1 & 10-4 to the December 6th Planning Board meeting so that a site walk can be done
Item tabled since a site walk was not done. Jason Wilson suggested selecting a site walk date. Some dates were suggested. December 6th at 8:30am was selected. George Thebarge will let the applicant know.
B. Request by Pollard-Rand Real Estate for an amendment to an approved site plan for the credit union driveway entrance at 43 Lewiston Rd. Applicant’s agent is Gorrill-Palmer Engineers, Inc. Map 25, Lot 35.
Doug Stewart of Gorrill Palmer gave an overview of the proposed amendment. Randy Dunton of Gorrill-Palmer discussed the traffic issue of this project. He discussed the shoulder widening and indicated that MDOT prefers a fully shadowed full left turn lane. They require a 50 ft long queue length, and require that the islands be stamped. MDOT prefers this format. He presented a diagram and described the elements. He indicated that shoulder widths and other issues are MDOT requirements. He stated that the road has a curve in it. He also stated that they have tried to equal out the right of way. He described some of the potential problems with the turn placement and that they have attempted to use the curve to lessen the problem.
Don Hutchings opened the meeting to public comment on this issue.
Gordon Foss, 41 Lewiston Rd expressed concerns as his property abuts this project. Gordon Foss read some of his comments. A printed copy of a note to the Town Manager was given to Board Members.
George Thebarge indicated that since there is a public comment section and that the applicants are here to help with the questions.
Gordon Foss asked whether or not the building permit is invalidated. He stated that the project were approved with conditions. He described some of the items that were not listed on the plans, nor documents produced. He asked about drainage plans.
He also discussed the road curvature and believes as proposed is not safe for the traveling public. He stated that with the commercial zoning in that area, in the future there may need to be a center turn lane to be developed.
Gordon Foss asked and/or commented on the following:
1. Does the new plan create a liability to the Town since it will create a new curve?
George Thebarge indicated no, since it has been designed by licensed engineers and is requested by MDOT.
2. In the MDOT Traffic permit, where in the permit language does it describe the shift?
3. The Planning Board should ask why these requests are being made since he approached George Thebarge about this issue and asked for this meeting.
4. The project engineers made changes without Town, State approval and that abutters have not been notified. He does not support the proposed changed plan.
Randy Dunton described the MDOT process as a 2 step one and gave specifics. He indicated that there are criteria/standards to accommodate left turn traffic and described what they had proposed. They did not know that MDOT wanted to change the left turn proposal. He indicated that the revised proposal was submitted to the Town as soon as they knew.
Don Hutchings asked if they had notified the abutters of the proposed change. He indicated that they had not.
Randy Dunton explained why they proposed what they did in order to attempt to answer Gordon Foss’ questions. He also described the latest plan and process with regards to drainage. He read a section of the application process describing the requirements for drainage to the MDOT and what they did to meet their requirements.
Don Hutchings asked whether or not the final design has been approved by MDOT. Randy Dunton indicated that they are approving the design as shown (IE: curvature of the road), but the details of the project (IE: stamped pavement) need to be approved. He indicated that this is typical for MDOT and their process.
John Redlon asked if the final plan being approved by MDOT includes the drainage. He asked whether or not the Planning Board can approve something that hasn’t been finalized by MDOT.
George Thebarge indicated that yes, it is possible. It can also be tabled until they see the final report.
Jack Goosetrey stated he prefers to see the whole report. He asked if the island is on Route 100. Randy stated that yes it will.
Dan Cobb agrees with Jack and asked why MDOT prefers their own design. He asked if it is safer in their point of view.
Randy Dunton stated that MDOT’s and their proposal tries to achieve the same goal, but MDOT’s preference supersedes their proposal.
Dan Cobb expressed concerns that the abutters have not received updates on the proposed changes.
Jason Wilson asked Randy to explain their interpretation of preferred versus required.
Randy gave an explanation as to what criteria they looked at stated that MDOT looks at each application on a case by case basis. He indicated that they may be looking at future development towards town and perhaps basing its decision on future possibilities. The proposed amendment is required by MDOT if the project is to continue. Anything in the traffic moving permit is required.
Gordon Foss stated that the line of sight originally proposed is more appropriate.
Don Hutchings stated that MDOT has told them that this is required and that they may not have much choice.
There was a discussion on the MDOT requirements and what Gorrill-Palmer has done to meet this requirement and why they did what they did.
George Thebarge stated that the alignment of the lanes is not a requirement, but the islands are. There was a discussion on the diagram and the lane alignment. He asked about centering the 3 lanes more. Randy Dunton stated that the final plan will end up centered. There was also an extensive discussion on the curvature.
Don Hutchings suggested that this item go to peer review.
Public Hearing closed at 8:05pm
Dan Cobb asked why there should the curvature in one lane versus ½ the curvature in both lanes. Randy explained the options and the reasoning for their proposal and believes that this design best accommodates MDOT’s requirements.
Jack Goosetrey stated that this is the same format as what exists by the Dunkin Donuts. He would like to see the whole report.
John Redlon expressed concerns about future development.
Don Hutchings asked about the future development driveway listed on the plans. Randy stated that this would only be a right turn in and right turn out and described the design.
Don Hutchings prefers to see a peer review report before deciding this amendment.
Dan Cobb stated that he agrees with Don’s suggestion and believes that approving a partial
amendment is not appropriate.
Jason Wilson moved; Dan Cobb seconded.
Motion to table this item to get peer review for Pollard-Rand Real Estate for an amendment to an approved site plan for the credit union driveway entrance at 43 Lewiston Rd. Applicant’s agent is Gorrill-Palmer Engineers, Inc. Map 25, Lot 35.
5 Yes
George Thebarge will make arrangements for peer review with Oest Associates
C. Request by Blackwater Development LLC. for an extension of the time for recording the mylar of Eagles Ridge, a 40 lot cluster subdivision on Eagles Nest Road. Applicant’s agent is Stantec, Inc. Map 35, Lot 24, 26, and 27, and Map 35, Lot 31B.
Rick Licht of Stantec stated that the Board granted approval for their project in May. He indicated that they would like to request an extension due to more time needed for bonding and performance guarantees. They would like the extension since the Town’s new ordinances will help them phase the project in stages which will be more palatable financially. He stated that the new changes may help them apply the changes to their project.
George Thebarge gave a brief description of Blackwater. The new ordinance helps developers meet the phase in criteria and helps assure guarantees in financing. He stated that the Town’s goal is to be certain that those who purchase in the development are part of a complete one and phase in makes that possible.
Don Hutchings stated that the project was approved under the current ordinances.
George Thebarge has sought advice from MMA and stated that they cannot seek extensions under the new ordinances unless they meet all the new criteria.
Don Hutchings stated that they can approve an extension but that the Board has to require to meet all the new criteria.
Rick Licht stated that an extension offers them some protection in the process and if approved, they can look at the pros and cons of the new ordinances and the new criteria to see how they can be applied and have the opportunities to ask for waivers if needed.
George Thebarge stated that this approval would make the project a new one.
Don Hutchings wants Rick Licht to be sure that they understand that this would be a new
application.
George Thebarge indicated that they could apply for the extension and submit what they
already have proposed.
Jason Wilson asked if there are provisions set-up to help during the difficult economic times. George Thebarge stated that the one 90 days extension is the only choice.
Jason Wilson Moved; Dan Cobb seconded.
Motion to approve extension Blackwater Development LLC. for an extension of the time for recording the mylar of Eagles Ridge, a 40 lot cluster subdivision on Eagles Nest Road. Applicant’s agent is Stantec, Inc. Map 35, Lot 24, 26, and 27, and Map 35, Lot 31B.
Subject to standing conditions:
1. ~~ The conditions of approval adopted on May 8, 2008 remain in effect.
2. ~~~ The Planning Board grants a second 90-day extension for recording of the mylar in the Registry of Deeds.
5 Yes
IV. Tabled Matters and Unfinished Business
There was a discussion on the 3 person sub-committee of the Planning Board for small projects.
This group would report to the planning board and there are specific criteria as to what qualifies as a small project.
George Thebarge suggested possible meeting times and formats that would work.
John Redlon and Jason Wilson both expressed interest as well as Dan Cobb if time permits.
It was agreed to have Planning Board representation on a rotating basis.
John Redlon suggested listing the items proposed on the Board meeting’s agenda.
V. Non Agenda Items
Jason Wilson commented on who pays for the peer review process. There was a discussion on this item and the impact. John Redlon suggested that in the future the Board be more cautious on approvals for pending issues. George Thebarge reminded the group of purpose of standing condition 1 and its importance to the process.
VI. Adjournment
Jason Wilson moved; John Redlon seconded.
Motion to adjourn
5 Yes
The next meeting is December 11th.
The meeting ended at 8:50pm.
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