Kennebunkport Planning Board
March 17, 2010 ~ 7:00 PM
Village Fire Station, 32 North Street
A regular meeting of the Planning Board was held on Wednesday, March 17th, 2010. The meeting convened at 7:00 p.m. in the North Street Fire Station.
Members Present: Mr. David Kling (Chairman), Kendall Burford, Gordon Ayer, John Hathaway, Greg Reid
Approval of Minutes: Mr. Burford made a motion to approve the minutes from the March 3rd, 2010 Planning Board meeting. Mr. Ayer seconded the motion and the vote was unanimous.
Items:
1) 100102 Julia Maher and Danielle Dignan – Eco-Analysts, Inc., Authorized Agent – Site Plan Review – Findings of Fact– for approval to construct a fifty by four foot permanent pier, a thirty-five by three and a half foot seasonal ramp and a ten by twenty foot seasonal float. [4 Grier Road, Cape Porpoise, identified as Assessor’s Tax Map 29, Block 001, Lot 18 in the Cape Porpoise West Zone.] David Kling, Case Manager
Mr. Kling read the Findings of Fact into the record. Mr. Ayer made a motion to approve the Findings of Fact. Mr. Reid seconded the motion and the vote was unanimous.
2) 91201 Dolores Billings – Site Plan Review – Findings of Fact – for approval to construct a 4’ x 20’ temporary fixed floating dock. [8 Wood Road, identified as Assessor’s Tax Map 21, Block 011, Lot 06 in the Cape Porpoise West, Shoreland and Resource Protection Zones.] Ken Burford, Case Manager
Mr. Burford read the Findings of Fact into the record. Mr. Ayer made a motion to approve the Findings of Fact. Mr. Reid seconded the motion and the vote was unanimous.
3) 100201 David Wiewel – Public Hearing - Amendment to previously approved Subdivision Plan to adjust a lot line between two lots. [13 and 13A New Biddeford Road, identified as Assessor’s Tax Map 41, Block 002, lots 11 and 11A in the Goose Rocks Zone.]
Mr. Kling introduced the Agenda item. Mr. Burford recused himself from the review of this Application.
Mr. Wiewel addressed the Board stating in 1999 he had a Site Plan approved on his property to break off one house site with the other lot maintained as the original homestead. Mr. Wiewel stated there were never markers put on the property to designate the lot lines. This amendment is to move the lot line 13 feet to allow each lot to be within the setback requirements.
Mr. Kling stated there is no new lot as part of this Application.
Mr. Kling opened the Public Hearing. There were no comments from the public. Mr. Kling closed the Public Hearing.
Mr. Hathaway made a motion to approve the Application. Mr. Reid seconded the motion and the vote was unanimous.
Mr. Ayer made a comment that when someone alters an approved subdivision and other people have lots shown on that plan the owners of each of the other lots of the subdivision plan should give their consent or provide any conditions/restrictions. Mr. Kling stated that is the purpose of the Public Hearing for any abutters to address their concerns. Mr. Wiewel stated that he owns one lot of the subdivision and is the manager of the trust that owns the other lot.
Mr. Reid was assigned as Case Manager to prepare the Findings of Fact to be read at the next Planning Board meeting on April 7th, 2010. Mr. Wiewel stated he would have the mylars made and would have his engineer pick them up once they are signed for recordation. Mr. Gilliam stated he would make them available.
4) 100203 Kennebunk River Club / Thibodeau Landscaping, Authorized Agent – Site Plan Review – Public Hearing – for approval to create a 45 feet long trench, install new filter fabric, rip rap stone and fill using existing material as well as install various plantings. [115 Ocean Avenue, identified as Assessor’s Tax Map 08, Block 001, Lot 11 in the Riverfront, Shoreland and Resource Protection Zones.]
Mr. Bob Thibodeau addressed the Board. Mr. Thibodeau stated the River Club asked him to take care of the erosion problem they have on the side of the lot. The Applicant is proposing to dig a trench 5 feet into the new bulkhead area going down along the riprap wall, install a layer of silt paper, and backfill the trench with the existing material on site.
The DEP has granted permission to 5-6 yards of 8-6” riprap stone to help cover off the silt paper and take care of any of the voids in the existing riprap wall and then put in some Rosa regosa to help with the tidal wash.
Mr. Kling acknowledged at the last meeting you indicated there would be no invasive species of plants put in. Mr. Thibodeau stated they would only put plants native to the area.
Mr. Reid asked Mr. Thibodeau how far they planned to go with the digging? Mr. Thibodeau replied they want to go down at least 16 inches, adding the DEP doesn’t like having fill brought into that area but after one of the DEP’s planners came and looked at the area they agreed to do a Permit by Rule.
Mr. Kling opened the Public Hearing.
Mr. David James addressed the Board and asked why this was a project that had to get approval from the Planning Board? Mr. Kling replied this is a separate project just to deal with the landscaping and erosion.
Mr. Kling closed the Public Hearing.
Mr. Ayer made a motion to approve the Application of the Kennebunk River Club dated February 10, 2010. Mr. Hathaway seconded the motion and the vote was unanimous. Mr. Hathaway was assigned as Case Manager to prepare the Findings of Fact to be read at the next Planning Board meeting on April 7, 2010.
5) 100204 Windward Development / Eco-Analysts, Inc., Authorized Agent – Site Plan Review – Initial Review - for approval to rebuild an existing private dock so it will provide All Tides access to the Kennebunk River and Atlantic Ocean. [85 Ocean Avenue, identified as Assessor’s Tax Map 08, Block 001, Lot 18 in the Village Residential Zone.]
Mr. Bud Brown of Eco-Analysts addressed the Board and gave a summary of the Application. Mr. Brown stated there is an existing dock, which is coming apart along with the floats so they redesigned the dock to meet all of the sideline setbacks. The proposed dock is 115’ including the ramps and float. Mr. Brown added Mr. Jim Nadeau had been to the site and did not have any problems with the proposed dock. Mr. Elliot Siderides is the owner and is going to give up a mooring he owns down the river in order to have this dock.
Mr. Kling stated the Ordinance says a dock shall project no more than 1/5 of the way across a body of water. Mr. Kling asked the Applicant to discuss in more detail why this dock needs to be in excess of 100 feet. Mr. Brown stated in order for it to be an all tide dock they needed to make the pier just long enough so it will be in the water at mean low tide and still meet the setback of a 6’ anchorage. Mr. Brown added with the longer ramp, the grade is improved.
Mr. Ayer cited the Ordinance that states a dock cannot be more than 100 feet in total length and cannot be more than 1/5 of the way across the river. Mr. Brown also cited the Ordinance that says the Planning Board can authorize a dock over 100’ if it is demonstrated that no other reasonable alternative exists to provide water access.
Mr. Kling read the full regulation from the Land Use Ordinance stating “Any accessory residential pier, walkway, dock or wharf, including ramps and floats, shall be no longer than a total length of one hundred (100) feet nor extend more than one fifth (1/5) of the way across a body of water. The Planning Board may, upon review, modify the length requirement if it is demonstrated that no other reasonable alternative exists to provide water access.”
Mr. Reid asked if this Plan has been before the Board of Selectmen? Mr. Kling replied this has been before the Board of Selectmen and they have approved the Application.
Mr. Gilliam stated in “following along in the Ordinance, the intent when this was rewritten is to anticipate those who fell short of having access, such as ledge or a long expanse of wetland.” Mr. Gilliam offered his opinion that it was not necessarily intended to provide full hours of water access at all times.
Mr. Reid asked what the depth of water would be at mean low tide? Mr. Brown answered it is 2 feet at the outer edge.
Mr. Kling stated his opinion that he was uncomfortable with the dock being over 100’ long. Mr. Reid agreed adding that it seems the Applicant already has access to the water with a mooring.
Mr. Kling informed Mr. Brown he would need to provide the Board with documentation from the River Committee along with the permits from the Maine DEP and the Army Corps of Engineers.
Mr. Kling noted for the record that under these circumstances, the Board couldn’t approve anything over 100 feet. Mr. Brown stated he would meet with his client to discuss a redesign of the project and report back to the Board at the next meeting.
6) 100205 Jeffrey Hall / LeBlanc Associates, Inc., Authorized Agent – Site Plan Review – Initial Review - for approval to construct a seasonal 3’ x 34’ aluminum ramp and a 10’ x 20’ float; and to repair and maintain various areas of riprap on the property and under the building. [5 Wharf Lane, Unit #2, identified as Assessor’s Tax Map 41, Block 002, Lot 13A in the Riverfront Zone.]
Mr. Kling acknowledged receipt of a letter from Stephen A. Canders of Maine Legal Associates to Werner Gilliam dated March 17, 2010 regarding the Hall application along with a Notice to Prevent Acquisition of Rights of Way and Easements by Adverse Possession. Mr. Kling commented that the Board does not act to resolve these sort of issues.
Mr. Joe LeBlanc addressed the Board stating the Applicant is proposing to install a 3’ x 34’ aluminum ramp connected to a 10’ x 20’ float that will sit in front of the condominium unit. Mr. LeBlanc stated there are 2 condo units to the building and this ramp would be in front of Jeffrey Hall’s unit.
Mr. Kling asked Mr. LeBlanc if he has spoken with the River Committee. Mr. LeBlanc replied he has not contacted them yet.
Mr. LeBlanc continued stating the rip rap would be 10’x9’x42’ feet long which is what is existing now with a 8-9’x4-5’ x24’ that continues along the building.
In reviewing Exhibit 2 of the Application, Mr. Kling asked if the far edge of the float was 25 or more feet from the edge of the deeded area shown on the map? Mr. Ayer asked if Mr. LeBlanc had an enlargement of the same map. Mr. LeBlanc approached the Board with a larger, scaled map showing the boundary lines of the condominium units along with the piers, ramps and floats. Mr. LeBlanc explained the area has very shallow mudflats so to build a 50-foot pier would only give an extra hour more of tide time.
Mr. Kling read from Section 5-10 of the Land Use Ordinance which states “No portion of a pier or float shall be twenty-five (25) feet of a property line or property line extension seaward, unless the pier is a shared pier as per Article 5.11.B.4.”
Mr. Kling suggested the Applicant find a way to move the ramp so it is 25 feet away from the property line or have an egress sideways. Mr. Kling recommended that Mr. LeBlanc meet with Mr. Shaw and Mr. Gilliam in the Code Enforcement Office, adding if the ramp is not 25 feet from the line, the Board can’t go forward with the Application.
Mr. LeBlanc asked if there was anything else with the Application that needed to be addressed. Mr. Kling replied, the Board would like to see an approval letter from the River Committee. The DEP, Army Corps of Engineers and the Condo Association have all given their approvals, Mr. King added.
7) 100207 Atlantic Coast Hospitality d/b/a Kennebunkport Inn – Site Plan Review – Initial Review – for approval to change a canopy structure with a permanent structure comprised of Fiberglass panels and glass. [One Dock Square, identified as Assessor’s Tax Map 11, Block 002, Lot 08 in the Dock Square Zone.]
Mr. Reid requested to be recused from the review of this Applicant.
Ms. Debbie Lennon addressed the Board requesting to have a canopy structure replaced with a more sturdy, durable type of glass or fiberglass. Ms. Lennon explained they have had to do a number of repairs to the current canopy due to wind.
Mr. Kling asked if the top is to be replaced with fiberglass and the sides would be replaced with both glass and fiberglass. Ms. Lennon replied the canopy serves not just as a walkway but also for shade for guests so for the cost of replacement it would be better than to continuously pay for hole repairs in the plastic canopy. Mr. Lennon added the space is not heated and there is no electricity.
Mr. Gilliam stated he has no issues or concerns with this Application.
Ms. Lennon explained the canopy was permitted 9-10 years ago. Mr. Kling added the use of this space does not change.
Mr. Hathaway stated he believes the Applicant has no intent to use the space as part of their services, however, if the Board does not put that in as a condition, could the Applicant use it for additional seating? Mr. Gilliam replied if the Board put a condition upon approval that the Applicant could not use the space as additional seating then if the Applicant wanted to change that they would have to submit a new Application and seek Board approval then.
Mr. Ayer made a motion the Application is complete. Mr. Burford seconded the motion and the vote was unanimous. A Public Hearing will be held at the next Planning Board meeting on April 7, 2010.
8) Michael & Marie Condon – Sketch Plan – for approval to amend a previously approved subdivision plan, by dividing property and creating an additional lot from that division. [3 Songbird Drive, identified as Assessor’s Tax Map 41, Block 002, Lot 01 in the Village Residential Zone.].
Mr. Ralph Austin addressed the Board acknowledging that Kevin Lord, Michael and Marie Condon’s son-in-law was also present. Mr. Lord would be the owner of the new lot. The original Subdivision Plan was approved in 1981, then called the Brewster property. Mr. Austin stated the property abuts on the northeast end of Blue Heron Drive which is a private way into a 3 lot subdivision of William Scarborough approved in 1984. Mr. Austin explained the Applicant plans to split off 1.7 acres of the northeast end of the southerly lot, accessing the new lot through Blue Heron Drive. Mr. Austin offered to schedule a site walk if the Board deemed it appropriate.
Mr. Burford asked if they had received any input from abutters? Mr. Austin replied he has received a signed Release from Sylvia Brewster, but does not have consent from any other abutters. Mr. Austin added this project does not have any impact on the other lots. Mr. Burford explained the Applicant might need to get consent from the other lot owners. Mr. Austin stated he would approach the other lot owners for their consent.
Mr. Burford asked if the Applicant will have any problems with the people on Blue Heron Drive? Mr. Austin added he has spoken to the owners on Blue Heron Drive but does not have a written consent from them.
Mr. Kling asked about the width of Blue Heron Drive adding the Board is going to need detailed information on the specifications of the road and to ensure appropriate emergency vehicle access. Mr. Kling also noted the Board would want to ensure there would be no further dwelling units on that road unless the road was widened because it is already out of compliance with the Ordinance.
Mr. Reid offered his opinion that safety is important and would like to see the Fire Chief and Police Chief grant their approvals.
Mr. Kling noted the Board would require a septic plan. Mr. Austin stated he would supply that and have Leon Blood perform a wetlands analysis.
Mr. Austin asked the Board if they would like to do a site walk? Mr. Ayer made a motion to waive any site walk. Mr. Hathaway suggested, if the Applicant agreed, the Board members drive down the road at their convenience. The Board and Applicant agreed.
Adjournment: ~A motion was made to adjourn, it was seconded and the vote was unanimous.
Submitted by: ~Patricia Saunders, Planning Board Recording Secretary
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