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24 Main Street
Gray, ME 04039
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2009 07-23 Planning Bd Mins




Gray Planning Board Minutes
July 23, 2009 – 7:00 P.M.
UPSTAIRS – STIMSON HALL

Jason Wilson, Rod Boyington, Don Hutchings, Jack Goosetrey, Dan Cobb
George Thebarge

Absent: John Redlon

Others present and speaking: Wayne Wood.

I.      Minutes


A.      Minutes of June 25, 2009

Don Hutchings moved; Jason Wilson seconded

Motion to accept the June 25, 2009 minutes as written.

5 Yes

Don Hutchings moved; Dan Cobb seconded.

Motion to make Jack Goosetrey a voting member

5 Yes

II.      Information Exchange-None



III.    Tabled Matters and Unfinished Business-None



IV.     Public Hearing and New Business



A.      Public Hearing for Amendment to divide Lot 6 of Pumpkin Hills Subdivision.  The division would create two lots.  Owner is Stephen W. Johnson, 166 N. Raymond Road, Gray, Maine. Map 5, Lot 19F.  LD Zone.  Agent is Wayne T. Wood & Company.


Wayne Wood stated that they have made some changes based on comments from George Thebarge and presented the updated materials to the Board.  

Wayne Wood said that the soils test has been completed and is satisfactory and the information appears on the plans.  The original plan did not show a small pond.  He stated that the request is a standard set-up for this type of lot.  He moved the 60 ft easement to the back lot and it is in excess of what is required.

The public comment closed at 7:05pm.

Jack Goosetrey asked about the placement of the easement in relation to the 2 lots as described in the plans.  George Thebarge stated that this request was brought before the Zoning Board of Appeals and they concluded that it meets the requirements.

Dan Cobb asked about the Zoning Board’s appeal decision. George Thebarge gave an overview and stated that the proposed plan is not typical, but does meet the criteria of the 60 ft easement requirement.  Dan Cobb asked about the history of this subdivision.  George Thebarge gave a brief overview of the configuration of the lots.  George Thebarge stated that Pumpkin Hill Lane provides access to Lots 3, 4 and 5.

Wayne Wood stated that there was a discussion with Town staff on creating frontage for Lot 6.  

Dan Cobb asked about flag lots and zoning for these in the Town.  He indicated that he understands that zoning would not permit these types of lots in new subdivisions.  George Thebarge gave an explanation of what the current, updated ordinance permits.  This is a grandfathered subdivision which does not apply.

Dan Cobb stated that he has concerns about fire access and building numbering.  George Thebarge indicated that this will be addressed with the Street Construction Ordinance.
He also asked about utility access. Wayne Wood stated that this information will be included in the application. He asked about sharing driveway access.  Wayne Wood said it would be shared.  
  
Don Hutchings asked if the power will be underground.  Wayne Wood stated that underground power would be put in, if required.

Wayne Wood stated that the turnaround would be by the house for fire access and is reviewed through the street construction committee.

Don Hutchings asked about the pond.  Wayne Wood replied that it is a seasonal pond a best.  It is small depression that holds water in the summer, in general.

Rod Boyington asked about wetlands permitting.  Wayne Wood stated that it will not be required for the conditions on the site.  Rod stated that he would like some wording on this from the DEP.  He asked about the topography.  Wayne Wood replied that it is relatively steep (about a 10% slope) and meets the Street Construction Ordinance standards which applies to only to the first 30 feet

Rod Boyington asked if this amendment falls under the new subdivision plan.  George Thebarge stated the prohibition in this subdivision is to create oversized lots.  Back lots can be created.  The Board’s objective is to decide if the division of the lots is acceptable or should be rejected on specific criteria.  There is a specific allowance in cluster subdivisions, but this is considered a standard subdivision.

Dan Cobb commented that under the new 401 ordinance flag lots and oddly shaped lots are prohibited. There was disagreement by other members of the Board that this is a flag lot.  There was a discussion on the applicable requirements referring to Section 401 13B.4 of the ordinance.

Rod Boyington reiterated his comments on the necessary clarification with the possible filling in of the pond/ wetlands area. Rod requested an erosion control plan.

George Thebarge clarified proposed conditions for approval.

Jason Wilson moved; Don Hutchings seconded

Motion to approve the Amendment to divide Lot 6 of Pumpkin Hills Subdivision.  The division would create two lots.  Owner is Stephen W. Johnson, 166 N. Raymond Road, Gray, Maine. Map 5, Lot 19F.  LD Zone.  Agent is Wayne T. Wood & Company

           Subject to standing conditions:

A.  The project shall be constructed and maintained in accordance with the plans, textual submissions, and testimony presented to the Planning Board by the applicant and its representatives.~~~~~~~~~~
B.      Prior to release of the recording mylar, the applicant shall apply for and obtain
approval of a driveway permit for the proposed back lot access.
         C.~~~~~The rear lot shall be served by a drilled well.
         D.     An erosion control plan be submitted.  

          E.    Subject to verification that a wetlands permit is not required.  
                  If a DEP permit is required, submitting the permit by rule will satisfy this    
                  condition of approval.


5 Yes
V.      Adjournment

Don Hutchings moved; Dan Cobb seconded.

Motion to Adjourn

The meeting ended at 7:35pm