Gray Planning Board Minutes
June 11, 2009 – 7:00 P.M.
UPSTAIRS – STIMSON HALL
Rod Boyington, Don Hutchings, Dan Cobb, Jack Goosetrey, John Redlon
Excused: Jason Wilson
Others present and speaking: George Thebarge, Joan Elizabeth
Don Hutchings moved; John Redlon seconded
Motion to make Jack Goosetrey a voting member.
4 Yes
I. Minutes
Minutes of May 14, 2009
Don Hutchings moved; John Redlon seconded
Motion to accept the minutes as written.
5 Yes
II. Information Exchange: NONE
III. Tabled Matters and Unfinished Business
Request for site plan approval for expansion and conversion of the Busy Bee Cabins, located at 272 Portland Road, Gray, Maine. Applicant is Bryan Loisel, 357 Maine Street, Poland, Maine. Map 41, Lot 1, zoned Commercial.
Request for conditional use approval to conduct Flea Market at 130 Portland Road, Map 31, Lot 14, Commercial Zone. Applicant is Rhiannon Welch, 108 Ledgewood Drive, Falmouth, Maine.
Items remain tabled
IV. Public Hearing and New Business
Workshop on Proposed Amendments for Chapter 403 Gray Shoreland Zoning Ordinance.
George Thebarge gave an overview of the proposed changes and the scope of the project. He indicated that the State is looking for a July 1st deadline and that work has been going on in the past few months. He also gave an overview of the proposed amendments packet.
He stated that all towns must have requirements in Shoreland Zoning of 250 feet of the high water mark or the wetlands and 75 feet for streams.
He gave DEP updates and that the goal of the proposed changes is to comply with State law. He stated that some of the DEP changes increase some restrictions and decrease others.
He presented a PowerPoint presentation outlining the following:
There are 9 identified wetland areas in the Town and 10 acres that meet Shoreland Zoning changes. Some other areas will be removed from this status as conditions/criteria have changed including DEP exemptions related to construction, development, and limited commercial use.
He stated that the proposed changes, even if accepted by the Town Council must be approved by the DEP.
He reviewed:
Map 1: Gray Meadows area
Map 1A:
The restriction will be removed from Hancock St. to turnpike acres. He stated that the new Google Earth technology allows more precise boundaries to be viewed which allow the proposed changes to be considered.
The area by Copp Motors and the driving range will allow limited commercial development.
The area within 250 feet of the open part of the Pleasant River area will allow limited residential development.
Map 2: Thayer Brook
The junction through Thayer Brook and Pleasant River within 250 feet is under Resource Protection. The proposed change makes this area under Stream protection.
Map 3: Mill Brook Headwater.
This area is about 10 acres. The proposed changes would allow parts of this area to be developed.
Map 4: Egypt Road Wetlands.
Propose that currently developed land be under residential development and undeveloped be part of the restricted area
Map 5: Little Sebago Stream and Wetland.
Most of this area is in Windham and Raymond. There is a large area for waterfowl, about 4 acres that DEP wants as resource protection. He proposes the 250 ft set back in this area but those areas with cottages, it be limited residential use. He gave an overview of the streams there and proposes they be part of the stream protection.
Comments:
John Redlon asked if the Army Corps of Engineers has a map and if it supercedes the DEP. George stated that they don’t have any jurisdiction.
John asked about the Egypt Road wetlands. George reminded the group that Shoreland Zoning only applies to wetlands that are 10 acres or larger.
George stated that by law, notices are required to be sent to property owners about possible changes. This has been sent.
Rod commented on wetlands in relation to tributaries and streams. George stated that streams and tributaries within the wetland boundary are treated as part of the wetland protection and the remaining parts fall in the stream protection.
John stated that some of these changes may be allow possibilities for residents that did not occur before. George stated that the main goal is to be in compliance with the state. The Town can do more that the DEP requires, but not less. He stated that if there concerns there will be 2 public hearings.
Joan Elizabeth, Johnson Rd stated that she is affected by the proposed changes and asked how it will change. George gave an explanation and that it is likely that she is in the limited residential zone.
Rod reminded everyone that there will be a formal public hearing on the proposed changes.
George reviewed the language changes in the packets.
Timber Harvesting: The State will turn this area over to the Department of Conservation. Once 75% of the Towns in the state get rid of their timber harvesting regulations, then this law will apply. (Section 4B)
Section 9A, page 3: Limited commercial wording must be applied to Gray Meadow/Dry Mills
Non conforming expansions: Limits single family residences on non-conforming lots.
Section 13: What needs to be in Resource Protection. Changes have been made based new mapping technologies. It includes changes in Wetlands associated with ponds.
It proposes additional wording changes in the Resource Protection District.
Provision in this section gave Planning Board authority in the past to pull permits within 7 days of issuance. George and Doug Webster do not believe it is fair to the homeowner. They believe that all permits should be reviewed and not just some at random if they choose, but the regular process should go to the Zoning Board. They suggest the wording as written should be stricken.
Section 15A & B: Clarifies the setbacks on camp roads. Propose 25 ft from the edge of the road and 100 ft from the water. DEP allows small sheds within 100ft but is more restrictive about retaining walls.
15N: more details about timber harvesting.
15V: adds more prohibitions on uses
16G: Clarifies the decision making process within the Zoning Board and Planning Board. If the CEO rejects the permit for example the whole project can be reviewed by Zoning. If the Plannng Board rejects Zoning Board can only review their decision in an appellate process
17: additional language from DEP but do not propose dramatic changes.
John asked about sheds in relation to the new proposed changes. There was a discussion on the various options and cited examples to explain the process and restrictions.
George gave an overview of the timeline:
June 9: The proposed changes due and made. They are posted on the website
June 16: Town Council public hearing
June 25: Planning Board public hearing
July 2: changes sent to the Town Council and submitted to DEP
If accepted, the changes would go into effect on August 7th
V. Adjournment
John Redlon moved; Don Hutchings seconded.
Motion to adjourn.
The meeting ended at 8pm.
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