Town of Gray, ME - 2008 03-13 Planning Bd Mins

Gray Planning Board

Present: Peter Gellerson, Rod Boyington, Gary Foster, Don Hutchings, Jack Goosetrey, John Redlon, Jason Wilson* (arrived after the initial vote)

Others: George Thebarge

February 14, 2008 minutes were approved as presented

Minutes of February 2, 2008 minutes were approved as amended.

Peter Gellerson noted item 2 on the last page should be changed from “June 30^th 2009” to June 30^th 2008”. All agreed.

Jack Goosetrey was appointed a full voting member.

Information Exchange

Don Hutchings noted there was a survey available soliciting public input for what to do with Pennell.

Peter Gellerson reported he had received a letter from Friend of Little Sebago..

Tabled Matters and Unfinished Business

Rick Light, with Stantec Consulting representing the applicant provided an overview of the project. They have received comments from Gorrill-Palmer and have responded to the comments. Subsequent comments have come back listing a few remaining items. They have received the required permits. Mr. Light requested the board vote on the issue of the water service. Based on the original assessment, they feel that public water is still unfeasible and they have received a copy of a letter from Gorrill-Palmer addressed to George Thebarge stating in their opinion that public water is economically unfeasible. The board agreed, with Gary Foster dissenting, they would like to have the issue of public water explored further as public water is the preference. Mr. Light agreed to go back to the water district and will look at the cost to bring water to the site and the cost to distribute water within the site.

In response to board questions, Chris Hines reported they expect buildings to be a minimum of 1,300 square feet. Any lots sold would be bound by restrictive covenants. The restrictive covenants for the subdivision have not been finalized. Whether a garage is attached or not attached will need to be determined by the conditions of the lots. The units will be capes, colonials or ranches.

There were no public comments

Jason Wilson replaced Jack Goosetrey as a voting member.

Gary Foster noted it appeared it is complicated to put water into the development and would not support public water as a condition of approval.

George Thebarge noted there are three or four lots that utilize a sixty foot right of way and there is a question if the back lot right of way easement may be pulled into as part of the minimum lot size for acreage. The question if the back lot provision may be pulled into subdivision and pull the back lots provision into the cluster subdivision and will need to be looked at it and come back at final approval with a resolution. Rick Light noted they would make whatever adjustments necessary if there is a ruling from the code enforcement officer.

Rod Boyington moved, Gary Foster seconded, the Gray Planning Board approve preliminary plan approval for a 40-lot cluster subdivision on Eagle Nest Road, Gray, Maine. Blackwater Development, LLC is the applicant. Map 35, Lots 24, 26, 27 & 31. Subject to

1. Standard condition number one.

2. 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.

3. Further exploration of the back lot provision.

4. The Board finds that the project design meets the criteria and standards for cluster developments per Section 402.12 of the Gray Zoning Ordinance.

5. Incorporation of all recommendations contained in the engineering peer review conducted by Gorrill-Palmer Associates dated March 12, 2008.

6. Submission of a proposed performance guarantee for construction of all infrastructure, including off-site improvements, in a form acceptable to the Town Attorney in an amount approved by the Town Engineer.

7. Exploration of extending public water to the project and if not feasible that the subdivision plan provides a well location that will yield potable water supply to each lot.

8. Legal review of the proposed Homeowners Documents.

9. Review of traffic safety improvements that may be required to address safety conditions at the intersection of Marginal Way and Route 100 per the traffic peer review by Wilbur Smith Associates dated September 13, 2006.

Vote 3-Yes; 2–No (Hutchings, Wilson)

Twin Brooks Camping

Lee Lowry, representing Twin Brooks Campground, reported Andrea Maloney is now the sole owner of Twin Brooks. Al Frick, also representing the applicant, provided a summary since the last meeting. A site plan was provided with GPS location of all of the electrical drops, the existing grandfather sites and the additional 27 through 43 lots that are not grandfathered color coded, and all of the set backs noted. Mr. Frick noted the landscape buffering plan along the easterly property line is proposed to be merged with the existing trees. The new plan shows the locations of the proposed storm water treatments. Copies of all of the existing permits were provided for the Board along with the boat management plan.

Gerald Haines, abutter to Twin Brooks, provided a slide show that included a synopsis; campground ordinance that was adopted 1968 which required set backs and screening from adjacent sites. Mr. Haines noted in 1972 the State approved 25 sites and in 1975 Gray adopted shoreland zoning with new set backs. A hand drawn site plan submitted in 1991 was highlighted in yellow the sites numbered 1 through 25. Mr. Haines noted six sites were added per the 1991 map inside the office building which is inconsistent with the current site plan where 17 sites are shown. The fence between the property lines was shown. Twin Brooks was told to remove the fill by the Zoning Board of Appeals. Some of the fill has been removed but not all. Another photo showed a new power drop. Mr. Haines showed photo of wet land where DEP had sited Twin Brooks for filling the wet land. Photos of tents that are set up on weekends amid trailers that are on established camp sites were shown. A drawing submitted with subsurface wastewater disposal system application with future sites designation. A 2005 map was shown with changes and numbers different and future sites reference removed. Mr. Haines showed map with wet land highlighted and the set backs for wet land overlaid. Mr. Haines noted the ZBA ruled utilities were an unlawful expansion and not all of the utilities have been taken out. Mr. Haines noted they have not provided buffers for all of the adjacent properties. Travel trailers are stored inside the setback areas and residential use of the trailers has been allowed during storage. Based on the installation of electrical drops, multiple unresolved citizen complaints, and pending litigation that may change the entire configuration Mr. Haines did not see a board approval.

Tom Williams representing the Little Sebago Lake Association read a comment from the Board of Directors regarding the proposed boat management. The association was told at a meeting that they provided for 25 boats and did not expect any more, but the plans show room for 37 boats. The campground has limited ability to control the camp owners and suggested limiting the number of boats at the campground is the only way to control activity over the milfoil bed. Boating activity around the bed is also an issue and they feel the marina plan is not in compliance with shoreland zoning. Mr. Williams requested any dock proposal include specific proposal for erosion control.

Pam Wilkinson, Birchwood Road, noted concern with what grandfathering means with the docking situation. The ordinance started in 1975 and there have not been six docks since that time. Pictures from 2004 were provided. Ms. Wilkinson questioned where the docks are being are stored. Regarding milfoil, Ms. Wilkinson showed a map highlighting the area of milfoil infestation for the board. Ms. Wilkinson requested the owners and employees attend the DEP and Maine Volunteer Lake seminar for boat inspection to know what to say to the campers and that the campground be certified for boat inspections. Ms. Wilkinson noted seeing pontoon boats parked at the dock over the matted areas last year and seeing boats that did not adhere to the channel markings. Ms. Wilkinson requested there be a better boating management plan so boats do not back out and go out through the channel marker. Ms. Wilkinson noted that the plan for surface and shore removal of milfoil should be a daily management plan. The plan talks about the ramp, but it does not talk about the docks and moorings and requested the boats back out and utilize the channel instead of going through the beds. Ms. Wilkinson requested the plan be reviewed on an annual basis so as the beds are cleared and stay clear until it is managed. Ms. Wilkinson requested the electrical be reviewed prior to acceptance, noting an overlay was not provided on what existed before with what they are proposing.

Susan Moran of Friends of Little Sebago, a group of concerned citizens to address compliance issues and provided notebooks for the board that included public records documents and reviewed documents submitted with various submittals to state agencies and town officials for various approvals with varying number of sites. Ms. Moran noted there has been various code enforcement issues and they need to make sure the campground is reviewed to ensure that what they say they will do is done.

Elliott Woodbury noted his parents owned property east of Twin Brooks up to 2005. He had crossed Twin Brooks property to get to his friends and there was a bog that appears to have been filled in. There has been a controversy on the number of sites. During the 50’s, 60’s and 70’s there were no camp sites within 200 feet of the boundaries. From the shoreline northerly during those decades there were no campsites. The docks started appearing in the 1980s.

Marissa Libby, an abutter, disputed the set backs from the stream outlined by Twin Brooks and questioned why the buffer does not continue from Mr. Haines property to the other abutters. Trailers were not seen when they first moved in and now they are seen. They would hear loud music and partying until two or three in the morning every weekend for the summer. Ms. Libby also noted concern with the smell of septic that they now have and questioned why there are permanent structures allowed to be attached to unlicensed sites. Ms. Libby provided photos for the board that showed activity that occurred adjacent to her property line.

George Flaherty, an abutter, noted he had been coming up here since the 50s and owned the property for about twelve years. The pier now comes out in front of his property and noted he did not want to sit on his property and view the boats. To launch the boats, people have to come off his property. This was not a problem until three years ago. Mr. Flaherty noted his property runs from brook to brook. Twin Brooks had told him they own the brooks.

John Redlon, Gray resident, noted there is missed opportunities for fees if approval was done up front instead of after the fact. Pictures of trailers with attached structures that have come up in the last thirteen months were provided. The vehicles and the boats that are stored there in the winter were questioned and Mr. Redlon asked if these make this a junk yard. The docks on the front yard are impacting the safety and quality of the lake and abutting properties. Concern with the septic system was noted and Mr. Redlon questioned if it was done properly and inspected. Mr. Redlon noted the buffer needs to be maintainable from both sides. The Board was asked to defer and take another site walk.

Gary Foster, Pennell Lane, noted some inconsistency from the testimony this evening. affidavits were cited affidavits as fact. The harvest was a timber harvest conducted under state law and not a clear cut. The forester, Mr. Foster’s brother, oversaw the harvest and did the plan. The harvesting was conducted by the company owned by his father. There are many who would testify that prior to the current office, there was an office down by the water and it had electricity that was there from the time they opened the campground in 1962.

Cal Cutter, resident of Gray; noted by the pictures and affidavits submitted, it appears that what is promised in the application and what has been done in the past is disingenuous and requested the Board consider this in their deliberation. The DEP cited Twin Brooks for putting in fill over a wet land. Walking along the fence between Twin Brooks and Mr. Haines’ property, a distance of approximately 120 feet, you will see an elevation change and the elevation goes down about six inches on the Twin Brooks property. Doing the math of 120 feet and go back to where DEP found the fill, you will see hundreds of tons of fill. Mr. Cutter requested the board to look at that after the snow melts.

Karen White, West Gray Road, grew up on Little Sebago Lake, noted she was here to make sure the lake stays in tack.

Paul Libby, Birchwood Road, an abutter to the campground, noted the fence was put up less than a year ago and it is already starting to fall down. If a person walks around my side of the fence they will see it is not the same as pictured on the site plan.

Regarding the Board’s questions on buffering they are staying 75 feet across from the stream and there is natural buffering other than the area they are proposing buffering. Mr. Frick noted there is buffering from the road, from the steam and from the property line except for the two areas they are proposing. None of the timber harvesting took place in the buffer zone. Don Hutchings noted the ordinance reads there is to be an effective visual barrier and questioned if the plan would created an effective visual barrier.

Mr. Lowry noted the trailers are not required to be removed in the off season. Mr. Frick reported the trailers have not been resided in. Regarding milfoil, Mr. Frick reported Andrea Maloney or her employees will be responsible to adhere to the milfoil program stated in the plan.

Peter Gellerson noted the Board can not ignore all of the violations that have taken place and the complaints from the neighbors and the people who live along the lake. Rod Boyington noted the site plan needs work to bring it to where it needs to be and feels it needs a resubmission. Peter Gellerson noted the submission says that there is room for 40 boats, but there are 43 lots and it is these types of questions that raise questions by the Board.

Rod Boyington, a nonvoting member on this issue, questioned dock 1, noting he did not recall seeing more than 25-30 feet dock looking at the finding of facts and feels a 72 foot dock is uncharacteristic for the area. Docks 2 and 3 are 48 to 56 feet. There is a wet land area behind docks 4, 5 and 6, and questioned if a commercial campground should encourage foot traffic through a wet land to utilize a dock. Mr. Boyington noted the campground should channelize the other moorings as the boats will go to the shortest path.

There are strict guidelines to cutting in shoreland area and Mr. Boyington believed it should be revegetative with the same material. The campers will have a nice buffer strip, but Mr. Boyington believed the intent of the buffer is to shield the unnatural appearance of the campground from abutters and the applicant needs to come back with a complete buffer plan. The trees need to be upsized to a minimum of six feet. There are aerial photos available dating back to 2000 and the area cut in the buffer should be revegetative to similar shape.

The campground ordinance does call for trash receptacles, but Mr. Boyington did not believe when Sunday comes the campers take their trash back.

Mr. Boyington noted the plans needs to go to the town engineer for peer review and believed some of the lots in front need to be removed to create an adequate recreation area down by the lake. It is a problem that people who have been here have friends and they have friends and everyone brings their own tent. Mr. Boyington believed a condition of approval is one tent or camper for each site and that will help with the septic problem and odor problem, but questioned how it would be enforced.

Mr. Boyington noted DHS has approved a private water supply that is a dug well and that is what they are using for water supply; but it was questioned how the permanent campers dispose of sewage. Mr. Frick noted the campers can go to the restroom or they may go to a dumping station that is by the office, or they may have a connection to the dumping station. It was noted the connections are not shown on any of the plans. The Board requested to see how the collection systems meander through the campground and how they are collected and to see the underground electrical. The plan needs to be updated to label out all of the utilities as shown.

Mr. Lowry noted they believe the campground owns the property to the other side of brook, but they will look into that.

Jason Wilson questioned if there is a standard refueling zone with some sort of capture system and questioned if the applicant should look further at milfoil collection. Don Hutchings noted the plan shows white pine and white pine does not make an effective visual barrier.

Don Hutchings moved to table request for site plan review of Twin Brooks Camping Area, LLC located at 113 Egypt Road, Gray Maine. Applicant is Andrea Maloney. Map L08, Lot 26 until the aforementioned specifics alluded to by Mr. Boyington and the rest of the board have been taken into consideration by the applicant and acted upon accordingly. Jason Wilson seconded.

Public Hearings and New Business

Request for site plan approval for Hannaford Bros. Co. Supermarket and Pharmacy, located at 124 Shaker Road, Gray, Maine. Map 20, Lots 9, 9C, 15, 15A, & 15B.

Continued to the next scheduled meeting.

Non Agenda Items None.

Adjourned at 11:05 pm