Gray Planning Board Minutes
March 10th at 7:00 P.M.
Henry Pennell Municipal Complex
24 Main Street, Gray
Jason Wilson, Dan Cobb, John Redlon, Don Hutchings
George Thebarge
Excused: Rod Boyington
Others present and speaking: Tom Greer, Tom Leahy, Gordon Foss, Cathy Irving.
Don Hutchings stated that as the February meeting did not have a quorum it was conducted as a workshop.
- Minutes of January 13th, 2010
Dan Cobb moved; Jason Wilson seconded
Motion to accept the minutes as presented.
4 Yes
None
- Tabled Matters and Old Business
None
- Public Hearing and New Business
- Request by Pollard Rand LLC for a Sketch Plan Review / Approval for a proposed 20 unit Spring Meadows Condominium Development located adjacent to Spring Meadows Golf Course at 43 Lewiston Road, identified as Map 25, Lot 17 in the Town of Gray. The lot is located in a Commercial Zone and owned by Pollard Real Estate and Greg Rand. Tom Greer of Pinkham and Greer Consulting Engineers will be representing Pollard Rand LLC.
Tom Greer presented an aerial view of the property and the project being proposed by the 10th fairway behind the credit union.
They propose 20 units and the entrance and exit from the property would be where the credit union is located. They have made changes to the terrain to maximize the view and to maximize the solar gain if needed. Public water is already located in that area and there will be 3 septic systems.
He discussed the storm water treatment and would expand the pond 1ft more at the 11th hole.
They would like to discuss the buffer zone, density calculations, and multifamily standards of 30 feet between the buildings. They would like to get a waiver to reduce this.
The buildings would include 2 duplexes, a 4-plex and single family homes in different price ranges.
Tom Leahy, attorney for the Pollard Family discussed the density calculations. He stated that they got an opinion from the Town’s attorney less than 72 hours prior to the meeting. It has been submitted but is not part of the package due to the late delivery. Don Hutchings suggested that he summarize it. He stated that if they cannot locate the acreage in the RR Zone, can they use the acreage area to calculate density. He stated that he disagrees with the Town attorney’s opinion that this isn’t prohibited as the Ordinance doesn’t state density, it states use. He believes that the easement voted on by the Council a few years ago intended this.
George Thebarge stated that Bill Dale’s opinion indicating that the land area within the RR District of the lot cannot be included in the calculation of the lots in the Commercial District. He stated that the easement in the Commercial Zone of the golf course can be counted in the density calculations. They could put units and duplexes in the RR District section of the lot.
Don Hutchings asked why the RR District area cannot be counted if they can put single family and duplexes there.
Tom Greer stated that they met with Code Enforcement and he suggested that the single family units could be designated differently.
Tom Leahy stated that Bill Dale had not yet read his response.
Dan Cobb stated that the ordinance appears to be silent on the topic therefore there is a difference of opinion between both sides on whether or not it is permitted. Jason Wilson believes that it is ambiguous. Dan agreed and stated that Bill Dale’s opinion doesn’t give any specific reason.
Don Hutchings stated that since a duplex is permitted in the RR District, he would like to get a more in depth response from Bill Dale on Tom Leahy’s letter. The other members of the Board agreed. Tom Greer stated that they are willing to do so.
Don Hutchings suggested that they outline to Bill Dale that single family and duplexes are allowed and find out Bill’s response.
Dan Cobb stated that he is uncomfortable with an easement and its intent and use. Tom Greer stated that the reason they are doing this project is for use of the course and the views etc. They want to be sure that the buyers are purchasing a location that will be a golf course and not other housing in the future.
George Thebarge stated that in the Falmouth Country Club project, one of the provisions was a membership to the golf course. Tom Leahy stated that Spring Meadows is a public course, which is different. He stated that the Council’s vote in the past outlines the intent of a cluster of housing with common open space.
Don Hutchings stated that, as a public course, the circumstances are different. Dan Cobb believes the easement as proposed the property is for the benefit of the course and not the unit owners.
Cathy Irving, an abutter, stated that she has no problem with the project as a whole, but as outlined, and their requests for variances/waivers it implies that the project is not appropriate for the location.
She objects to the 50 foot buffer waiver behind her property abutting the project. She believes that the waiver will affect the stability of the steep grade in that area and a change in the terrain. She asked that the Board consider everyone’s opinion on this and would like them to consider reducing the size of the project.
Gordon Foss, an abutter, also objects to the 50 fott buffer waiver as it will impact their privacy, as well as, affect the grade of the property in that area. He believes it should fit all zoning ordinances and laws. He understands that others have written expressing their objections as well.
Tom Greer outlined the proposed reduction in the buffer zone and location (reduced to 25 feet and 15 feet). He stated that the buffer standards come into play as multi family.
John Redlon stated that he is not happy with the size of the project on the lot proposed. He believes that the 50 foot buffer should remain. He has read letters from the abutters and would like to see more thought given to this.
Dan Cobb asked George to clarify the multi family buffer. George Thebarge stated that the multi family falls under the site plan review. He cited section 10.14 A of the Ordinance. He also indicated that there is a buffer ordinance that could include some flexibility and or combination in the type of buffers. The Board could grant a waiver with this area on the buffering effects.
Dan Cobb stated that currently there are 3 neighbors objecting to the buffer waiver and without a compelling reason, he isn’t sure that they are necessary.
Jason Wilson stated that conceptually condos were considered in the original idea with the credit union, but he agrees with others on the buffer issue.
Don Hutchings asked if there was a way to move the buildings in the design to accommodate the 50 foot buffer. Tom Greer stated that it is possible, but their intent was to maximize the view etc. Don Hutchings suggested that he rework the plan and move the project a bit more north-northeast. He supports the project but believes that the abutters have a point in their concerns of the 50 foot buffer. Tom Greer stated that the limitation is the infrastructure of the road.
George Thebarge commented on spacing /design concerns that the Board expressed. Tom Greer stated that they can come back with a couple of different proposals.
John Redlon moved; Jason Wilson seconded
Motion to table this item.
4 yes
Tom Greer stated that they would like to come back to the next meeting.
Jason Wilson moved; Dan Cobb seconded
Motion to adjourn
4 yes
The meeting ended at 7:53pm
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