Downstairs Meeting Room
September 26, 2006
7:00p.m.
The Bridgton Planning Board was called to order at 7:00p.m. by
Fred Packard, Chair. Those in attendance were: Fred Packard, Chair; Steve Collins,
Vice Chair; Christopher McDaniel; Gordon Davis; David Diller; Dee Miller, Alternate;
Davie Lee, Alternate. Absent were: None Also Present was Richard Spencer, Attorney
with Drummond, Woodsum and MacMahon as representative for the Town of Bridgton.
PUBLIC HEARING
Randall Marina/David Randall
Long Lake/Route 117/Old Brickyard Hill Road
Map 42 Lot 12 & 13
Shoreland Zone Ordinance Review; Marina Docks, 52 Boat Slips
Represented by Attorney Robert Neault and Tom Dubois, Main-Land Development
Consultants
Mr. Dubois said the application has not changed. We are still proposing 52 boat
slips off two dock fingers. We have tried to center the docks well within the
bounds of the parcel itself, we have shortened the docks to keep them out of
submerged land. We will still provide parking for marina users which will be
located up the street about 900’ outside of the shoreland zone which is
separate from the Shoreland Zone Application. The Marina site will house a marina
showroom building and repair area and 57 parking spaces. The Town of Bridgton
has various establishments with parking areas distantly located from primary
uses such as the public parking in downtown and the ski area parking lot is
well over 900’ from the lift lines and the lodge and we believe this situation
is no different.
Mr. Neault said we want to make sure the new Planning Board Members understand
the status of this proposal. We filed a Site Plan Review for the showroom building
and docks. During those discussions it was made clear that consideration was
being given under both the Shoreland Zone and Site Plan Review, however, when
the decision was made it was based on the Site Plan Review Criteria only. The
meeting this evening is to review the project under the Shoreland Zone Ordinance.
Therefore, findings of fact and conclusions can be done under both ordinances
so if an appeal is pursued it will include the entire application.
Rob Baker, Code Enforcement Officer, said I submitted a memo to the Planning
Board, however, Mr. Spencer felt that my opinion was incorrect and Mr. Neault
concurred. After considering my conversation with Mr. Spencer I agree with his
interpretation, therefore, I would
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like to either withdraw my memo from the record or have it remain noting that
my opinion has changed. Mr. Spencer said I would recommend leaving the memo
on the record with a note. To explain, The Ordinance allows the Planning Board
to approve a Marina in the Shoreland Zone in the Limited Residential District.
There is also a provision that says no commercial uses allowed. The Ordinance
states that whenever an Ordinance conflicts the stricter shall apply. Another
rule followed by the courts is if the Ordinance says something that is specific
and then says something more general on the same topic the more specific provision
will control. My views is if the Ordinance specifically says a Marina is allowed
with approval of the Planning Board that more general statement that no commercial
uses are allowed would not control over the specific provision of the Ordinance
that allows a marina.
Bob MacDonald, Citizen, said Mr. Randall has proposed 52 docks spaces to be
rented with additional dock spaces for repair of boats. He does not say how
many additional spaces there will be. Section 15.C.4 of the Shoreland Zone Ordinance
states “the facility shall be consistent with the existing conditions,
use and character of the area”. Mr. Randall has responded to that section
by saying the current use of the shoreland is extension and generally dense
which is incorrect. The project does not meet the definition of shorefront common
area which states “one residential dwelling unit or family unit or other
legal entity” and shall be limited to one craft for every 25’ of
frontage. Based on that, he could only have 11 slips. According to the definition
of Commercial use “providing services for a fee”, it is applicable.
There are a lot of other issues involved with this application besides just
the docks and walking paths. Section 16.D states “the applicant shall
have the burden of proving that the proposed land use activity is in conformity
with the purposes and provisions of this Ordinance”. There are 8 conditions
listed in this section which have not been addressed.
Mr. Dubois said we previously addressed the common area issue and we still believe
this is not a common area. Photos provided to the Board in past do not depict
this as a pristine area. Mr. Spencer said I am assuming that the record of this
proceeding will be the record made on this application and not incorporating
anything submitted previously? Fred said I feel that this application must stand
on its own. Mr. Spencer said I would advise the Board and the Public that what
was submitted under the Site Plan Review Ordinance does not automatically put
it into this record. The Board reviewing this proceeding is the full Board,
however, the Board that will be dealing with the remand will only be those who
participated on the Site Plan Review Application. Fred said in other words,
if they want to submit information previously submitted they can? Mr. Spencer
said yes. Mr. Neault said the discussion that I had with Mr. Spencer was that
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September 26, 2006
information previously submitted would be carried over to this application.
Mr. Spencer said there apparently was a miscommunication because there are different
bodies that will be conducting the review. If you want prior information considered,
you need to make that request. Mr. Neault said then I am making that request.
Steve motioned to allow Mr. Neault the opportunity to submit information previously
submitted. Christopher 2nd.
5 Approve / 0 Oppose
Peter Lowell, Lakes Environmental Association, said the Shorefront Common Area
criteria is clear and does apply to this project. I am also concerned with the
docks and their close proximity to an existing entity. The proposed use 90’
from a beach area does not satisfy safety standards. There is a Best Management
Practices put out by the Maine DEP that deals with a lot of erosion, bilge water
discharge and health problems relating to Marinas. It is important to know how
potential pollutants are going to be managed. By moving the parking outside
the Shoreland Zone I am not sure that the criteria for adequate parking is being
addressed. This is a facility with access 900’ away which I feel will
have an adverse impact on the shoreland zone area. There is a provision in the
Best Management Practices that deals with the discharge of bilge water.
Mr. Neault said the Ordinance speaks to campgrounds and not marinas. Marinas
have a denser use. When a common area is being considered it usually is in relation
to subdivisions and condominiums. This is a limited use of the water not the
shore front, there is a difference. Parking for this facility is located 900’
from the boat area. The Boaters, just like skiers, have all kinds of stuff that
need to be taken to the site. If there is an enforcement problem the Code Enforcement
Officer is notified and it is either enforced or a stop work order is issued.
Nancy Hayes, Citizen, said this may not be a nesting area for loons but it is
a feeding area. We also have deer that come through our property to the water
to drink. If there is no structure on this property I would assume that the
boats are going to be repaired in the water. Is there going to be a launch site
here or are they going to use the launch in Harrison? Shoreland Zone only allows
a certain amount of trees to be cut who and how is that monitored? Where will
the bathroom facilities be located?
Mr. Dubois said the boats will be launched at the Harrison launch. Please keep
in mind that they will only be launched once and then at the marina for the
rest of the season. Repair work that can not be done in the water, the boat
will be taken out of the water via the Harrison launch and transported to the
facility located on Route 117
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and then returned to the water via the Harrison launch. We are permitted a 6’
winding walking pathway through the facility itself from Brickyard Hill Road
to the Marina. There is only one location to access the docks. Bathroom facilities
will be located at the Marina showroom.
Brian Fraye, Citizen, said I am concerned with the amount of traffic that will
be generated on Brickyard Hill Road. There is no way that I would rent a boat
slip if I had to park 900’ away and transport all my stuff, including
kids, down the road 900’ away to access the docks. Mr. Dubois said the
docks can be accessed by either a shuttle or by walking with a dock cart down
Brickyard Hill Road to the docks. People will not be dropping their stuff off
at the Marina.
Mr. Neault said the entry to the parking is on Route 117 not off Brickyard Hill
Road. Mr. Fraye said we are the ones that are going to have to make a formal
complaint on violations. People are going to take the shortest and safest route.
Liz Marcella, Citizen, said even though there is only one 6’ winding walking
path the amount of foot traffic is going to cause erosion. Mr. Dubois said we
haven’t established the location for the foot path yet because we are
still working with DEP to make sure that the stormwater regulations are going
to be fully addressed.
Liza Terry, Citizen, said will there be handicap accessibility? Mr. Dubois said
there is no special accommodation required, however, we are providing a shuttle
from the parking area to the facility.
Amy Keene, Citizen, said how is the shuttle going to get to the dock facility?
Mr. Dubois said it will run down Route 117 to Brickyard Hill and then up Brickyard
Hill to the Marina itself. Ms. Keene said how will it get back? Mr. Dubois said
turnaround and go back. We gave you figures at the last meeting that based on
the 52 slip owners that even on the busiest weekend somewhere between 60-80%
of the slips will actually be utilized.
David L. said do you turnaround in the driveway to go back? Mr. Dubois said
no we do a three point turn around.
Carol Mia, Citizen, said we don’t have an outline of types of boats, engine
sizes and noise levels. Who do we notify if there is a problem on the lake?
We don’t have a Harbor Master so do we call the Bridgton Police? Who is
going to regulate the area for safety? Is there a pump out on the lake for boats,
the closest one that I know of is in Naples. Is there a curfew, what are the
hours going to be? Mr. Dubois said we submitted a list at the April meeting,
however, based on the meeting this evening we need to resubmit all that information.
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Mr. Dubois said we believe these 52 boats are already on Long Lake they are
getting a seasonal home.
Mr. Wilkinson, Citizen, said I am concerned with the close proximity of the
marina to my swim area. Mr. Dubois said we have not measured your swim line
we measured where your swim line should be but I believe we have rearranged
our docks since the previous meeting. Using the perpendicular line our closest
point is 25’. Mr. Wilkinson said that does not seem like enough room to
maneuver a boat. Mr. Dubois said keep in mind that does not mean that you should
put your swim rope right up against your perpendicular line.
Citizen, said I am concerned with people swimming in that area and swim lines
being cut by a boat trying to get in. Also, pollutants getting into the lake
by the boats or when they are being repaired. Also, trash coming off of the
boats or by marina users. Brickyard Hill Road does not have any street lighting
are there any plans for lighting in the area? Mr. Dubois said low level lights
are planned for the docks.
Citizen, said the showroom where the bathroom facilities are going to be is
only open 9-5. I am also concerned with the devaluation of property values.
Mr. Dubois said there is one street light on Brickyard Hill Road and there will
be 24 hour access to the rest rooms.
Cindy Stackhouse, Citizen, said we have been to multiple meetings and we still
don’t have a plan. There is only going to be one path leading to the docks,
how are emergency personnel going to get down there if there is a fire or the
need for an ambulance? The Police Department has a shortage of personnel how
is this going to be regulated? Is the Planning Board also going to look at financial
capability of the applicant? Fred said the Planning Board can require a bond
according to our Site Plan Review Ordinance which we will deal with when we
address the remand. Mr. Macdonald said the Board never made a decision on that
item. Mr. Dubois said the Board did vote 5-0 to not address it. Fred said we
did not vote on that particular issue. Ms. Stackhouse said everyone in this
area that has frontage on the lake pays high taxes there is nothing to be gained
by having this type of business here.
Will Holt, Citizen, said this is a prescription for disaster and I concur with
Ms. Stackhouse.
Citizen, said is the information that was submitted in the past going to be
used for determination of this application? Mr. Spencer said no, the procedure
has been split. There was no proceeding or decision done on the Shoreland Zone.
The applicant is going to resubmit all of
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their evidence into this record. The public should comment during this proceeding
so it is part of this record.
Citizen, said, if there is a medical emergency how does the ambulance get through
on a 6’ winding path. Mr. Dubois said the lot is only 50’ deep.
Citizen, said, with prevailing winds all sanitary waste and trash is going to
blow right up onto our beach.
Mr. Macdonald said I would like to make sure that any facts that we had from
the Site Plan Review will be included in this hearing this evening so they get
together. Mr. Spencer said you have two Ordinances, Shoreland Zone Ordinance
and Site Plan Review Ordinance. The Planning Board made their decision under
the Site Plan Review Ordinance there was no decision under the Shoreland Zone
Ordinance. Mr. Macdonald said there is going to be two separate records? Mr.
Spencer said yes, anything you submitted in the past if you want it considered
in this proceeding you need to reintroduce it. The Board is going to have to
continue this Public Hearing to allow individuals time to submit additional
information.
Steve said it is my understanding that when we deal with the remand of the Appeals
Board the Hearing will not be reopened. Mr. Spencer said correct.
Citizen, said, what is going to happen to the 52 dock carts once they are at
the docks? Mr. Dubois said they will stay on the docks to be packed up to bring
their items back to their cars.
Peter Lyon, Citizen, said does Mr. Randall actually own the lots because it
is not shown that way in the records at the Town Office? Mr. Dubois said we
provided the Board a copy of the deeds. Mr. Baker said it may not be in the
records because there was an issue that needed to be resolved by the Assessing
Department.
Mr. Macdonald said shouldn’t the Board make a decision this evening to
deal with the findings from the Site Plan Review Ordinance? Mr. Spencer said
I am going to recommend that the Planning Board make the decision on the Shoreland
Zone Permit, adopt their findings of fact and deal with the remand at the same
time.
Ms. Stackhouse said we don’t have a lawyer representing us, yet, and we
don’t want to keep coming to these meetings and having them postponed,
do we have a right to go the Board Hearing? Mr. Spencer said there will be two
different proceedings by the Planning Board. This Hearing is going to be continued
so people can continue to
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comment on the Shoreland Zone Permit, then the Board will adopt findings of
fact on the Shoreland Zone Permit, if you are not happy with the Board’s
decision you can appeal that to the Board of Appeals. The Site Plan Review application
was appealed to the Appeals Board and following their review they sent it back
to the Planning Board for clarification of their findings. The Planning Board
will have to adopt findings of fact and essentially remake the decision they
made at which time it can go back to the Board of Appeals. The Board of Appeals
at that time can decide to either uphold or reverse the Planning Board decision.
Anyone not satisfied with the Board of Appeals decision will be able to go the
Superior Court. Fred said the only portion we are dealing with in the Shoreland
Zone is the docks.
Citizen, said, does the watershed need to be addressed? Have there been any
permits issued? Mr. Baker said the stormwater rule is 20,000sf of impervious
area which he has not reached yet. He does have a right to log his property.
He is planning on mulching the area.
Fred read for the record letters received from the Town of Harrison Board of
Selectmen and Polly Polstein and also impact statements submitted by the Department
Heads of the Town of Bridgton (see file).
Gordon said I feel this project does need to meet the criteria for common area.
Also, in reference to Ms. Stackhouse’s comments it was not our intent
to have you continuously come back here. It is my opinion that if we had an
Appeals Board that was supposed to be the final authority who could act decisively
this would have been done by now.
Steve motioned to continue the Public Hearing to Tuesday, October 17, 2006 at
7:00p.m. Christopher 2nd. 5 Approve / 0 Oppose
Dee said I would like to refer to the decision of Beckley vs. Town of Windham
which deals with the issue of interpreting Ordinances. It states that the question
of law is to be guided by the language, objectives and general structure of
the Ordinance. Based on that, I think commercial use still needs to be considered
when reviewing this application. Also, as an elected Board we are elected by
the people of the Town, therefore, the Town is our constituency and we speak
for you, the people. Also, it seems that this particular application separates
the uses by parking and lake with nothing in the middle. I think you need to
look at the whole project. Obviously, the Shoreland Protection zone connects
these as part of the whole venture. You can have a parking lot and you can have
a marina but if you want the people from the parking lot to use the marina you
are going to have to involve the shoreland protection zone.
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David L. said how are the docks going to be installed? Fred said that will be
part of the additional information submitted by the applicant. Mr. Dubois said
they are temporary floating docks, put in at the beginning of the season for
7 months and then removed. David L. said this is going to change the shorefront
and could cause potential erosion. Also, I am concerned with the distance of
the rest room facilities from the docks.
Mr. Macdonald said what is going to happen on the 17th? Steve said this Public
Hearing will be continued. Mr. Spencer said I would recommend that the Board
hold the Public Hearing and then close the Hearing and then discuss the Shoreland
Zone Ordinance and the specific requirements of the Ordinance and how this application
either does or doesn’t meet those requirements without making a formal
decision. Based on that, I will draft some proposed formal findings of fact
for them to consider at a subsequent meeting. Mr. Macdonald said you are going
to prepare the findings of fact with no motion? Mr. Spencer said based on their
discussion.
Steve motioned to hold a Special Meeting on Tuesday, October 24, 2006 to review
and accept findings of fact from the Shoreland Zone Ordinance portion of this
application and the remand review of the Site Plan Review findings of fact.
Gordon 2nd.
5 Approve / 0 Oppose
Mr. Spencer said the meeting on the 24th will be done in public but the public
will have already had their opportunity to comment at the Hearings.
Steve motioned to adjourn the meeting at 9:45p.m. Christopher 2nd.
5 Approve / 0 Oppose
Respectfully submitted,
Georgiann M. Fleck
Municipal Secretary