Edgecomb Planning Board Minutes, July 2, 2015 PUBLIC HEARING Tony Casella (Karl Olson), The View at Sheepscot Subdivision/Site Plan Review application for a condominium at the corner of Route 1 and Eddy Road, Map U-5, Lots 4.1 and 6 Chairman Jack French called the public hearing to order at 6:35 p.m. Karl Olson described the property which spans two districts, 5.79 acres in the Marine District and 4.24 acres in the Gateway district. There are two buildings on the site, a three-unit commercial plaza and a registration office. The application is for three dwelling units, one 2-bedroom cottage and two 3-bedroom cottages. All buildings will be in the Gateway District; a covenant will insure that no further development will take place on the applicant s property in either district, including any portion of the lot in the Marine District which may be sold to an abutter. Jack French said, in considering the application, time had been spent learning about the sewer system and pump which serve the Sheepscot Harbor Village and Resort, the View Condominium and Community Housing of Maine. Following extensive research and discussion, an agreement had been reached among the participants in the system to share proportionately in the cost of operation, maintenance and insurance of the system. The condominium, which is the subject of this public hearing will also be a party to the agreement. Harold Warren, who owns the adjoining land on the island, asked that he be able to connect to the water and sewer should he develop his property. Jack French said Edgecomb currently uses less than half the gallon allotment from Wiscasset and there is a stub for connection to the system near the CHOM property. The public hearing closed at 6:45 p.m. 1. Call to Order Chairman Jack French called the meeting to order. 2. Roll Call REGULAR MEETING Members present were Gretchen Burleigh-Johnson, Jack French, Barry Hathorne, and Pat Jeremiah and alternate David Boucher. David Nutt and alternate Barb Gibson were absent and David Boucher was appointed to act in David Nutt s absence. Attorney Chip Griffin was also present. 3. Approval of June 18, 2015 minutes David Boucher moved to accept the minutes as presented. Vote 5-0-0. 4. Jeff Dowdy Preliminary discussion regarding auction barn, Route 27 1
Dowdy currently owns and operates an antique shop in the former Army-Navy store on Route 27. The two-acre property has a 320-foot frontage. Dowdy is a licensed auctioneer and plans to build a 40 x 60- foot structure, consisting of a roof on poles,as an auction barn. He estimates he will have parking space for 165 cars. He was advised to complete a site plan review application with scaled drawing of the lot and structure and showing parking and traffic circulation. The chairman said that because of the size and simplicity of the building, some of the application requirements may be waived. The application will be considered on the July 16 th agenda. 5. Tony Casella (Karl Olson), The View at Sheepscot Subdivision/Site Plan Review application for a condominium at the corner of Route 1 and Eddy Road Jack French said according to the conditions of approval, the use of the two current buildings on the property cannot change without planning board approval; the maintenance, repair, reserve for replacement, etc. of the sewer pump, piping and generator owned by the Sheepscot Valley Harbour and Resort will be shared with the View Condominium, the View at Sheepscot Condominium and Community Housing of Maine. The Town of Edgecomb has $1 million liability insurance for the line crossing the river from Wiscasset. Karl Olson read the Review Criteria Responses as required by the Maine State Subdivision Law, Title 30- A, Section 4404. Barry Hathorne moved to accept the Review Criteria Responses. Vote 5-0-0. The Conditions of Approval were reviewed and amended. The final draft is included with these minutes and the conditions will appear on the plan. Pat Jeremiah moved to approve the Conditions of Approval as amended. Vote 5-0-0. Barry Hathorne moved to approve the application with conditions. Vote 5-0- 0. The final plan will be submitted at the July 16 meeting together with the application fee of $1,000. 6. Other Business none 7. Adjournment Pat Jeremiah moved to adjourn at 7:50 p.m. Vote 5-0-0. 2
CONDITIONS OF APPROVAL Approval of proposed plan of The Village at Sheepscot, LLC (hereinafter referred to as Applicant ) is contingent upon the following: 1. No conveyance of land shall be made by the developer s abutter that receives some of Applicant s land without all of the abutter s remaining, contiguous land and the entire parcel to be conveyed by Applicant to the abutter, until after a period of five years from recording of the deed from Applicant to abutter. Said language or substantially similar wording shall be inserted in the deed from Applicant to abutter, with the names of Applicant and abutter substituted, shall be recorded in or with the conveyance by Applicant to its abutter, and shall also constitute a real estate covenant acceptable to the Edgecomb Planning Board. 2. The Applicant s retained land of 5.79 acres in the Marine District (or 4.97 acres in the Marine District, excepting an.82 acre parcel if conveyed to an abutter within 120 days following Edgecomb Planning Board approval) shall never contain any additional development and shall contain no structures. This condition and covenant shall be enforceable by the Edgecomb Select Board and shall be binding upon Applicant and all its successor owners of said land and assigns. The Applicant shall promptly, after Planning Board and Select Board approval, record in the Lincoln County Registry of Deeds a real estate covenant that shall include the provision, (A)ny violation by the applicant, its agents, successors, and assigns shall result in payment of damages and reasonable attorney fees to the Town of Edgecomb to enforce any breach of this covenant. 3. Applicant s remaining 9.21 acre lot (4.24 acres in the Gateway District and 4.97 acres in the Marine District after said contemplated conveyance to the abutter; or Applicant s 10.03 acre lot if no such conveyance is made) shall remain in identical ownership. 4. The current three-unit office building on the lot shall remain as three units or fewer, unless the Planning Board approves any change of use or increased use in said building. 5. The current one-unit office building on the lot will remain used as office space unless the Planning Board approves said building for a different use. 6. Applicant shall show existing and planned utility connections, including piping, on the as-built condominium plans to be prepared and recorded promptly after completion. 3
7. Applicant shall obtain any required approval from the Wiscasset Water District for connection to and use of its water line from said three cottage condominium units, at Applicant s expense. 8. Applicant shall obtain a permit from the Town of Edgecomb s Board of Selectmen for access to public sewer lines and approval of the Sheepscot Harbour Village & Resort Condominium Association ( Village ) for connection to the private pumping station owned by the Village, at Applicant s expense, and shall comply with conditions as may be set forth by the Village and with any applicable municipal standards and ordinances. 9. Applicant shall be responsible for the cost of installation, operation, maintenance, repair, replacement, and connection to the sewer system with respect to the three condominium units. The work performed to connect to the system and to maintain, repair, and replace the system shall be done in compliance with all applicable federal, state, and municipal laws, regulations, and ordinances. 10. Applicant shall provide written acknowledgement from the Village that the Village owns the pumping station, approves the connection of the proposed units to the pumping station, is responsible for the pumping station s repair, maintenance, replacement, operation and for any damages caused by the pumping station, and shall indemnify the town of Edgecomb for any damages. 11. *Applicant shall enter into an agreement with other users of the pumping station, said agreement to provide: (i) each user shall be responsible for repairing and maintaining the sewer lines, water lines, and pumps located in and/or servicing such user s respective property; (ii) the users shall indemnify and hold the Town of Edgecomb harmless for any damages suffered by the pumping station owner, any user, or any other party, related to the pumping station and its appurtenances, regardless of cause or fault, including but not limited to that caused by or related to Applicant s connection to or use of its pumping station by the proposed development.; (iii) the town of Edgecomb or its authorized agent shall have the right and authority to inspect the primary pump station upon reasonable notice; (iv) the users shall purchase and maintain a liability insurance policy to include coverage of environmental or other damages caused by the private pumping station and the users associated sewer lines; (v) the users shall agree that the Village owns and is responsible for the main pump and any backup pump on the Village property and related generator, future shut-off valve, and other appurtenances; (vi) agreement submitted to the Edgecomb Planning Board on July 2, 2015 amongst Village at Sheepscot, LLC, Sheespcot Harbour Village & Resort Condominium Association, Sheepscot Harbour View Condominium Owners Association, and Davis Island Housing Partners shall be 4
signed by said entities and recorded by Applicant s attorney in the Lincoln County Registry of Deeds; and (vii) no building permit will be issued for Applicant s project until the generator is installed and confirmed as installed by the Edgecomb Code Enforcement Officer. 12. Applicant shall pay the impact and user fees set by Edgecomb s Select Board. Said impact and user fees may be more than those charged to Edgecomb by the Wiscasset Water District. 13. Applicant s project shall be carried out as approved and as set forth in the application and site plans. 14. Applicant s project shall be subject to the final inspection of the CEO, within two business days, for compliance with municipal ordinances and the conditions set forth herein, as applicable. Applicant shall not backfill any underground plumbing or piping prior to inspection by and approval of the CEO and the Wiscasset Water District, which will also require maps of as-built underground plumbing and piping. 15. The Applicant shall obtain any and all releases needed with respect to mortgages, if any, on the property. 16. If any of the supporting data or representations for which this approval is based change in any way or are found to be incorrect and/or inaccurate, the applicant shall request in writing from the Town of Edgecomb Planning Board a decision of what impacts those changes will have on the approval. The applicant will then be required to submit those changes for review and approval. Mitigation as a result of those changes may be required at the expense of the applicant. 5