Vassalboro Planning Board
Minutes of August 14, 2007
Planning Board: Virginia Bracket, George Gould, Gary Coull Sally Butler,
CEO: Paul Mitnik,
Public: Leo Barnett, Fred Saucier, Richard D Kelly Jr., Paul J. Dupius, Kelly J. Dupius, Kevin Luscko, Tiffany Luscko, Jim Coffin
The meeting opened at 7:05.
Review of June 26 Minutes: Sally questioned the text under Mark Bizier indicating Mr. Parsons wrote the conditions of approving the subdivision modification on the mylar copy of the plan. This may be a typo. Parish Manson of K&K Land Surveyors represented Mark Bizier who was not present. Since Paul did not attend the meeting, the discrepancy could not be immediately resolved. George motioned to accept the June 26 minutes pending this correction. Sally seconded. All in favor.
Shoreland Zoning Webber Pond
Expansion of a Non-Conforming Structure.
Tax Map 10, Lot 117
Fred Saucier is proposing an addition to a mobile home on Saucier Lane. The dimensions of the addition will be 12’ by 8’ or 96 square feet. The addition will be on a foundation of blocks, so minimal soil disturbance is expected to occur. The addition will not be closer to the high water mark of Webber Pond than the current structure. An expansion of 96 square feet meets the 15% increase expansion limitation for non-conforming structures over the lifetime of the structure in Vassalboro’s Shoreland Zoning Ordinance. There was no indication of a prior expansion of this home in Vassalboro’s records. George motioned to approve. Seconded by Sally. All in favor.
Shoreland Zoning Webber Pond
Expansion of a Non-Conforming Structure.
Tax Map 18, Lot 12
Richard Kelley is proposing to add a deck to his residence at 62 Birch Point Rd. His original expansion proposal on the Shoreland Zoning application of 130 square feet exceeds the 15% increase limitation allowed by Vassalboro’s Ordinance His revised plan limits the expansion to 119 square feet which meets the 15% criterion. Paul indicated that his calculated allowance of 111 square feet was based upon a structure area of 742 square feet, but Mr. Kelley re-measured his home to be 798 square feet, so the 119 square foot allowance is correct. The addition will not be closer to the high water mark of Webber Pond than the current structure. There was no indication of a prior expansion of this home in Vassalboro’s records. George motioned to approve. Seconded by Gary. All in favor.
Green Valley Campground
Shoreland Zoning – Modification to Formal Approval
Tax Map 10, Lot 119
A former Vassalboro Planning Board approval in July of 2005 allowed a duplex rental unit to be replaced by two stick built structures on foundations consisting of a four foot frost wall. A 15% increase in the original area of the structure or 1173 square feet was authorized and is consistent with that allowed in Vassalboro’s ordinance for non-conforming structures.
In April of 2006, a modification request changing the foundations to slabs rather than frost walls was authorized by the Planning Board. One of the structures has already been built on a slab and has utilized 584 square feet of the 1173 square feet authorized for expansion. Although more than a year has passed since the last approval, a substantial start has been made within a year, so a new application is not necessary.
Due to erosion concerns, the Luscko’s are now requesting that the second structure be placed on a four foot frost wall. Since the structure already built has used up less of the expansion than expected, the Luscko’s are requesting that the remainder of the expansion or 589 square feet be authorized for the second structure. George motioned to approve. Seconded by Gary. All in favor.
Major Subdivision Modification
Tax Map 2, Lot 87
Leo Barnett is proposing to add four new lots to his ten lot subdivision off of Route 201 on Old Meadow Rd. The ten lot subdivision was approved by the Planning Board in June of 2006. He is splitting lots 8, 9, and 10 into 2 lots each so that six new lots results and his subdivision will be fourteen lots. Some of the lot lines have been changed also. Ginny indicated that Vassalboro’s Subdivision Ordinance requires HHE-200 forms or designed wastewater disposal systems for the new lots. Leo presented two new septic system designs. The other two septic system designs have already been approved by the Town and are installed.
Paul confirmed that this was correct. Paul discovered in May of this year that the septic permits had been incorrectly issued and had to deny a building permit on lot 10 that Leo had applied for on May 3, 2007. Ginny indicated that the four HHE 200’s need to be added to the subdivision file.
Ginny asked about when Leo expects to fulfill the requirements of his Driveway Entrance Permit which both the Town and the Dept. of Transportations have issued notices of violation. The paving to widen the widths of the shoulder on Route 201 and the entrance of Old Meadow Rd have not yet been done, The one year time clock from the beginning of construction allowed by DOT has already expired.
Leo indicated that the conditions on the permit indicated waivers which led him to believe that they were not required. Waivers are conditions that still must be met. Leo indicated that Dave Allen of DOT gave him until the end of September to complete the requirements of the Driveway Entrance permit. Gary indicated that the Planning Board needs a letter from Dave Allen to confirm this date. Others in the Planning Board agreed.
Gary asked Paul about the notice of violation that the Town issued to Leo concerning the condition of the road. Paul indicated that he visited the site and determined that the road was inadequate and did not meet Vassalboro’s Road Ordinance which applies to private roads in subdivisions and town roads. The lack of ditching led Paul to believe that the required excavation of two feet and addition of eighteen inches of sub base to DOT specs did not occur. Leo indicated that he did follow the Town’s requirements. Gary indicated that the Town wasn’t notified of the start of construction of the road and the road must be inspected by Vassalboro’s Road Commissioner.
Ginny, referring to the Road Ordinance specs, indicated that with fourteen lots, the average daily traffic now exceeds 100, requiring that the road classification be upgraded from private minor to private major. Many of the design criteria are more stringent for private major and the road may have to be rebuilt and must be inspected by the Road Commissioner, Gene Field. Private major roads also have to be paved with two inches of base and an additional inch of surface material. Paul indicated that the road plans did indicate paving, although Leo believed that the Road plans in the Town file were not the ones approved by the Planning Board in June of 2006.
Ginny suggested tabling with the condition to submit the letter from Dave Allen and arrangements be made to have the road inspected and approved by Gene Field. New road plans may also have to be submitted. George made a motion to table, Seconded by Sally. All in favor.
Robert Greig Subdivision
Major Subdivision Preliminary Plan
Tax Map 1, Lots 177, 177-1, 177-2, 177-3
Jim Coffin of Coffin Engineering represented Robert Greig. The subdivision will consist of five duplexes which Vassalboro’s Ordinance defines as a ten lot subdivision. The units will be sold as condominiums and will be investment homes for Robert Greig who owns a contracting business in Augusta. The duplexes will be situated in Vassalboro, but the wastewater disposal field will be in Augusta, due to unsatisfactory soils for wastewater disposal in Vassalboro.
Jim presented additional information which Paul indicated was lacking in a telephone call to Jim that morning. This included the HHE-200 form for wastewater disposal design, and letter to Fish and Wildlife for areas identified as high or moderate wildlife habitat and the Maine Register of Historic places. Jim indicated that the land is now open field. None of the homes will be near the identified wetland. One wastewater disposal field will be for all five duplexes with dimensions of 60’ X 100’.
The road will be private. The impervious area is less than 1 acre, so a DEP stormwater permit is not needed. Ginny indicated the Road Association rules need to be in the subdivision plan. Evidently an abutter, Paul and Kelly Dupius who were at the meeting were not properly notified. They had concerns that lights from the road would interfere with the privacy of their property. Jim offered to include a vegetative buffer near the Dupius’ property to mitigate this impact.
The scaling of the plan was discussed and 1” = 60’ was agreed upon. George made a motion to accept the preliminary plan as complete. Seconded by Gary. All in favor.
Discussion ensued over preparations to meet with Augusta, since their approval is needed also. Jim indicated that he would make the arrangements. A separate meeting from the scheduled Planning Board meeting on September 4 may be necessary.
The meeting adjourned at 8:40.