Camden Planning Board approves lot merger on Tamarack Trail

[0:00] Jeremy Martin: The meeting to order and do roll call and attendance and all that. Jeremy Martin, I'm the planning and development director for the town. Hold on, just a point of order here. Shouldn't the [0:10] Chair (Unidentified): meeting be called to order and then sure have you give your go ahead? Yeah, so good evening everyone and welcome to the October 15th planning board of Camden meeting and we have one item on the agenda. We have a few household or housekeeping items before that and I'd like to just start off by asking the planning board members to introduce themselves and then I'll hand it over to Jeremy. Perfect, thank you. Richard Householder, I'm Lucia De Cordray and on Zoom Allison McKellar. Very good, thank you and we will have some time for public items or non-agenda items to be heard but first do you want me to hand it over to you? Sure, I think [1:11] Jeremy Martin: that's fine so again jeremy martin planning and development director from the town of camden i'm gonna i guess i'll start this and just lay out what 's happening here and then ray i'll have to have you speak to it but we are going to we only have three members today there's normally five members five regular members to alternates we are in dire need of some planning board members folks so we do have three that is a quorum you need three affirmative votes ray i don't suspect any issues tonight but you do have the right to postpone this to until you want if you know have more members here but it is a fairly straightforward request. I will leave it at that. I have no non-agenda items other than I would say I need to restart, we need to re get going on the pier or not the pier but the armoring moratorium work and Lucia is representing the planning board on that along with Mark Murray and there's also two members from the conservation commission, Bob Oland and Rebecca Jacobs and two from the conservation commission being Steve Gold and Liz Goya and there is for people out there is a video on the town's website that was done maybe three weeks ago and we had Rob Wood from the main DEP came in and gave a presentation on DEP's rules, nature-based solutions for armoring coastal shorelines and that's out there but we will be having an event I believe it's November 18th here that is sponsored by the main coastal program and which is out of the department of well it used to be department of Agriculture Conservation Forestry it's now Main Office of Community Affairs are sponsoring that along with Midcoast Council of Governance and they will be doing a we'll doing a presentation here on coastal armoring and nature-based solutions that's kind of geared for planning board members and the public as well and contractors too so that will be taking place here on November 18th and everyone will get an invite to that and I will say other non-agenda items the subdivision on Elm Street is moving along. I have heard from that, the consultant, Stacey Ann, and I believe we'll probably be looking at that later on in November. I still have not heard any new news on Nordhavn's expansion. So that is still, we're still waiting for more information on the groundwater study that was requested by the board to find that project complete, submittal complete. And we haven't done that yet so that's where we are I will turn this over back over to you Lucia and if you want to roll through the minutes you can and then we'll start the [4:32] Chair (Unidentified): new business does that sound good yeah I'm just going to go ahead and per requirement open up the meeting to any non-agenda items if the public has any comment non-agenda items hearing none I'll open up to the board if the board has any non-agenda items no Allison yeah [5:00] Allison (Board Member): Yeah and I as I'm getting used to or oriented to the planning board and what your procedures are you can let me know if this isn't the right way to bring it up but I was hopeful that we could have a possibly schedule a workshop to identify goals and go over some of the responsibilities of the planning board, possibly talk about establishing a regular meeting schedule. I understand that oftentimes applications that we receive can sort of dominate the workload or the time of the planning board. But I would like to make sure that we're also taking seriously that sort of forward-looking planning responsibility that both the comprehensive plan and the charter refer to in terms of ordinance review, thinking about what the process is gonna be for planning board involvement and the comprehensive plan, reviewing, you know, where we stand on the last comprehensive plan and how we're doing all of those goals. So just my request would be that in the future we could, in the near future, we could schedule some kind of a workshop that is not focused on application review, but, you know, on the other part of the planning board duties. And then. [6:33] Chair (Unidentified): Yeah. No, we, have discussed this a little bit and certainly I know this has come up a couple of times, so I think we'll, we'll work with staff to make sure that gets scheduled. Cause I think that's on everyone's mind. So appreciate that. [6:48] Allison (Board Member): That. Okay. And then the other thing, I would really like to be involved in the shoreline armoring ordinance, shoreline armoring, you know, moratorium process. I, that's one of the reasons that I agreed to join the planning board. And I've been very, you know, involved with that issue so if there's a way to make a room make room for another planning board member I wasn't around for when that I would have been on the select board for when at the time that the it was I guess decided by somebody how this process would proceed I guess you decided to form another committee but I would I would love to be involved in that if possible understood thank you [7:43] Chair (Unidentified): You and I'm not sure how that yeah that I don't see any issue with that Mark so [7:52] Jeremy Martin: Atia is going to be joining here in a second just so you know she's turning her laptop on right now Renee and she's just a fourth member yeah so I had met with the chairs of the conservation commission and the harbor committee and the planning board Allison and talked to them about membership. And it was decided that each of the chairs were going to pick someone from the board, from each one of their respective boards for that. So that's how that happened. Mark has been involved in a limited fashion so far. We haven't done a whole lot, but I don't see any issue with you or replacing Mark if he's not around or whatever. I don't see any issue with that. If we do have three members of the board, which is fine, we would just I think have to notice it as a as a board meeting because three is a quorum of the planning board so I mean that's fine it's just we just play that by ear but I have no issue with [8:50] Chair (Unidentified): That either so that would be fine to me sound good okay thank you Allison all right I think we can go to the minutes if we close that part of the meeting we can go to the minutes it. Has anybody had a chance to look at the minutes of May 7th and July 16th? And are there any comments? Do we want to wait for Tia? She's trying. I think that would be helpful if we just [9:23] Jeremy Martin: Wait for her to log in. You don't see anyone there, Renee? Okay. Ray, thank you for your patience. [9:36] Chair (Unidentified): And I think we can when we agree to approve the minutes or any changes whatever we can do them both at once in one go we can do that [9:47] Allison (Board Member): Oh [10:08] Jeremy Martin: Maybe I'll just throw out some non-agenda items again while we wait for Tia to get on board. Just want you to know Shenley Neely, I think you all know she was the planner here. She's no longer with us. She is with the town of Rockport as they're planning an development director now. We are not filling that position at the present time. There's been there's a number of reasons, but we're not going to fill that position right now unfortunately. And we're gonna muddle through for now the way things are I think I think we'll be okay confident that we'll just be able to pick up pick up the slack. It's going to be a little harder, but we're going to it's what we're going to do. There's concern about the budget concern about the budget last year, and so I just trying to be mindful of that and cognizant of that issue and recognizing just how the budget played out last year. I think it's important to you know just do what we need to do to manage town's budgets and all that. So Jody and I, the acting town manager and I had this long conversation about it. And I think right now it's the most prudent thing to do. And we're doing that. So had some great candidates. It's unfortunate, but that's where we are today. Tia is here. Thank you Tia for joining us. I'll just be, sorry and thank you. Tia Anderson is a regular member of the board. Tia, we are just right now approving the minutes, and then we're going to jump right into this revision or amendment to this subdivision on Tamarack Trail. So, Tia, you want to take over? Yeah, sure. [11:54] Chair (Unidentified): So I was just asking if everybody's had a chance to review the minutes and if there are any comments or corrections to the minutes of either May 7th or July 16th included in your packets. [12:12] Allison (Board Member): I was a little confused about the July 16th minutes, whether it doesn't, it's a best advice that there were two members there. And so is this considered an official meeting or did, was it a decision made to just proceed as a discussion or, cause it looks like there wouldn't have been a quorum. [12:43] Jeremy Martin: Yeah I'm looking here I think it was just that we were just having a discussion there was no real action taken right yeah [12:55] Allison (Board Member): There was there was no action significant enough yep I think maybe it would just be good to write somewhere in there that it you know yep point because there were only two people you know it was determined that there [13:07] Chair (Unidentified): wasn't a forum yeah thank you [13:16] Allison (Board Member): And then overall with the minutes, I think that, why don't we vote on dealing with the minutes, but and then I have a comment, unless you want me to make the comment now. It's more general about the minutes process. I think that's separate from [13:34] Jeremy Martin: from the actual minutes. So Lucia, do you want to take a motion to accept the minutes? [13:40] Chair (Unidentified): Yes. So are there any, Tia, do you have any comments? Richard, no other comments on the minutes? I have to abstain because I was not at. Well, yes, because now we have three. [13:50] Jeremy Martin: Well, Allison wasn't on the board then either. So do you have any comments? Okay. [13:57] Chair (Unidentified): Okay. Very good. So can I have a motion to accept the minutes, accept the minutes with the with the addition of the July 16th minutes, is it no, May 7th minutes, is that right? No, July 16th, you [14:15] Jeremy Martin: mentioned of the two, yep, only two members present needed a quorum, and then there were only two, yeah. [14:21] Chair (Unidentified): Yeah, gotcha, Allison's comment. Do I have a motion? I make a motion, I make a motion to accept of the minutes. Thank you. All in agreement? Second, I think we need to say yes, I'm sorry, second, and are we all in agreement, approval of the minutes? Yes, yeah, I will, we can't just [14:45] Allison (Board Member): to specify that I'm voting to accept them as part of the record even though I wasn't, yeah, absolutely, [14:52] Chair (Unidentified): a meeting, that's right. I cannot see your hand, so I'm just, sorry, yes, we have my vote, sorry, I don't have a good connection, so like, yeah, no worries, we're just glad you're here, Allison. [15:04] Jeremy Martin: You got, what were you going to say on the minutes generally? Yeah, is there, and maybe [15:12] Allison (Board Member): this is something that we can talk about at a priorities and process workshop, but I think, I think we're pretty behind on the minutes, and that when there's this much time, I mean, we're over, one of them's over 150 days since the meeting, and you end up with, it's just very, it ends up being very difficult to remember, very difficult for the public to follow along. Is there a way that we can have draft minutes within a couple weeks that can be, you know, can appear on the website, and then we can approve them at our next meetings? I think a lot of this could be solved with a more regular meeting schedule, but it's been a really big problem for the planning board years ago, where even when they were meeting a whole lot, it was just nine minutes available. I just want to say [16:07] Chair (Unidentified): that we have had very timely minutes, I think this is a little bit of an aberration, so I think it's been done properly and these are definitely a little bit behind, but I think [16:24] Jeremy Martin: It happened to be, you know, this summer meetings, and I don't mind, I don't mind having Maddie when she drafts them to send them to me, and then we can send them out to you as draft minutes for future approval. I don't mind doing that when she has those done. I think that's fine. [16:40] Allison (Board Member): I mean, because we've had meetings since like the August, what was the meeting that, so you know, we haven't been able to do the August minutes. Yeah, I don't know if they're, that was the only meeting that I've participated in, but I don't know if there are other meetings. Yeah, you know how far behind we are, but it seems like, you know, at the very least we should be approving the August meeting minutes today. [17:05] Chair (Unidentified): Noted. Okay. [17:08] Jeremy Martin: Jeremy, are those available if they can be emailed? I don't remember off the top of my head. I will let you know tomorrow. Perfect. And if there are drafts done, I believe there are, we'll send them. Thank you. Yep. [17:21] Chair (Unidentified): Okay. Very good. So we are moving on to new business and to the only item on the agenda. And I think we're definitely going to open it up for public comment, but just to introduce it, this is a revision to approved plans. It's an amendment to the Tamarack Subdivision, 82 Tamarack Trail. It is a two adjacent lots are being merged. And Jeremy, I don't know if you want to introduce this or should we hand it over to the applicant before we hear? [18:02] Jeremy Martin: No, I think I'll, think I'll just give the, like, kind of background on how the process works for an amendment like this. So again, this is a proposal to combine two adjacent lots within the Tamarack Subdivision. This is 82 Tamarack Trail, Map 111 Lot 19 and Map 111 Lot 21. They're adjacent parcels owned by Ray and Nancy Adams. Because the proposed merger does not qualify as a minor revision as defined in Chapter 235, it needs to be reviewed and approved by the Planning Board as an amendment to the previously approved plan. I'm just, I'm reading from the memo, so I think it's helpful for everyone, it's out there, Tamarack Subdivision located in the Village Extension District, accessed off Mountain Street. The latest approved amendment to the subdivision plan occurred back in 2001. The purpose of this of the amendment was to show various features such as bearings and distances that were left off the originally approved plan and from 1973 and again that was back in 2001. There hasn't been anything changed there. Now we have an owner who is requesting to, he owns two Lots and he's requesting to merge those into one lot. Because it is a lot line change, that is what triggers an amendment approval requirement. The board is not required to go through the complete review process unless in the judgment of the board, the amendment alters the character of the originally approved subdivision. If the board finds that the merger of the two loss does not alter the character, then the board can proceed with the revision with review of the submission as a modification request. And then you would review the proposed subdivision modification and determine if the modification meets the approval standards of chapter 235 and the approval criteria of 30A MRS 4404, that's the state subdivision law. I've attached those in the packet. These are the standard review criteria, pollution, groundwater, erosion, wetlands, those kinds of things. Those are all laid out in the code. Again, this proposal, there's no proposal to do any development. This is just a lot line merger, doesn't change any of the conditions out there in the field. I will now hand it over to, I think Ray is probably best. Ray, you're the applicant so you do need to speak to this. Please introduce yourself and you are supposed to provide information on, you know, that it doesn't change the character. I think this is a pretty straightforward request if you can just go there. We, the board does have copies of the old approved plan and they have a copy of your proposed plan once and if the board approves it, the board will then sign the plan. The plan would then get, Ray, you would then record it in the registry of deeds and then it would be a recorded subdivision amendment. So I'll turn it over to Ray. Thanks for joining us on zoom. [21:10] Public Commenter: Certainly, thank you for this opportunity. We bought the house at 82 Tamarack in 2006, we've been seasonal residents since then. Since I retired, we're there much more often. A number of years ago, a young architect called my wife asking about Tamarack Trail and the lot next door. His proposal was to build a modern, cantilevered house on the lot. My wife and I didn't find this particularly attractive, so the next day we bought the lot. And now with planning for our children and getting our legal affairs in order, we're asking to merge the lots simply for the convenience of the family. And that's about it. [22:06] Chair (Unidentified): Okay, thank you. I'm just gonna quickly open it up for any public comment and then for board comment. Do we have any public speakers? Anybody wants to speak to this? Okay. Hearing none, I'll open it up to the board. Does the board have any comments on this? Knowing that we first have to agree that it does not alter the character of the originally approved subdivision merging these two lots. It does not. It's pretty straightforward. [22:40] Public Commenter: Merger of the two lots. [22:43] Allison (Board Member): I would move that the amendment does not require a full multi-stage subdivision review because it does not alter the character of the originally approved subdivision. [22:56] Chair (Unidentified): Okay, do we have a second? Second. All those in favor? Aye. [23:05] Jeremy Martin: Aye. Four. Aye, Alison. Perfect, thank you. Richard, you did the second? Yes. [23:13] Chair (Unidentified): you. So we're moving on to basically the second question, which we need to identify or to review the proposed subdivision modification and determine that the modification meets the approval standards of the chapter. And the criteria in 4404, chapter 235, subdivision approval standards that are in article 7 of chapter 235. I think this is where we, you know, we, I don't think we have to go down every item. I think it's pretty clear. We understand there is an HOA and everybody, the neighbors have been notified, and there is no, concern, and we understand that there is no construction proposal at this time, that it, you know, basically this is for family purposes. Does the board have any questions on this? Can I just really quick [24:28] Jeremy Martin: make you said article 7, that was my fault. It's article 8. I put that in my memos, article 7, it's article eight. Thank you, and that's the approval standard. Yeah, yep, thank you. I also think Jeremy [24:41] Allison (Board Member): didn't your memo may have said like October 17th that I wrote down some notes, I noted, I'll double check that, but I think it was, it did, they did, it did, like, yes, thank you, fix that. But I just to clarify that there, we're only dealing with the town subdivision approval standards and not anything that might be part of the HOA corral. And so, you know, there might be things that I haven't reviewed their association documents and nor should we need to, but just clarifying that 's not any part of our scope. And then I assume that this is going to preserve all of the drainage or drag, any kind of easements or all of that stays the same with the merging of the parcels, is that right? That's correct. And then there will be an updated subdivision land filed with the registry after assuming that this is approved? Yes. And that's there, is that the responsibility of the applicant? [26:14] Jeremy Martin: Correct, the copy of it is in the packet,, the full size sheets are here right on the desk and they will require planning board signatures. Those that approve this need to sign it. And then once it's signed, Mr. Adams, once he's back or once it may be that a surveyor does it, we'll come and get this plan from our office and then they will take it down and record it. It is their responsibility to record that. If they don't record it, 's a null and void, doesn't the approvals null and void. So he does have to record he does have to record it and we have two copies of those plans so we have a copy here and then he will we'll record one there I [26:59] Chair (Unidentified): Just have a quick question and that is the total acreage now of that particular lot is the 4.28 is that correct [27:09] Jeremy Martin: Yeah, we go lot nine is 2.21 acres. Lot 10 is 2.07 acres. Okay. So it turns into 4.28 acres. [27:19] Chair (Unidentified): Okay. Just wanted to verify that was correct. Does anybody. [27:27] Allison (Board Member): Go ahead. Does this also mean. So that lot line is being extinguished, meaning that if anybody wants to re divide that in the future, it then comes back to the planning board correct that is what would have to happen yep that is [27:44] Chair (Unidentified): What happens okay very good any other questions Tia are you good I am okay very good I see no problem with that so can I think we're ready for a motion I have a motion that the proposed subdivision modifications meet the approval standards. [28:15] Jeremy Martin: Meets or does not alter the approval standards that were approved back in whenever. Okay. Prior subdivision approval. Very good. Yeah. [28:22] Chair (Unidentified): And that the standards contained in Article 8 of Chapter 235 are met as well. Can I have someone- Second. I could make that motion. I think I guess, I guess I moved. [28:38] Jeremy Martin: I think Alison just did a so moved and Richard, you did a second. I did. [28:42] Chair (Unidentified): Okay. All right, can we have a vote? All those in favor? Aye. All right, four in favor. Yes, gotcha. Four in favor, so it is approved. [28:57] Jeremy Martin: Richard, Ray, you're good. The combination of moving these two lots into one has been approved. We'll have the board sign the plan. It'll be in the office waiting for you when you're back up here, or you know, I can run it back down to Landmark, or they can come and get it, pick it up when they when they're when everyone signs it, if you'd like. I don't know when you're back around, so I'm just letting you know. I think the earliest we'll be back is [29:28] Public Commenter: perhaps New Year's, and that would be just for a few days, so if there's any way that you can [29:35] Jeremy Martin: accommodate that, I would greatly appreciate it. Okay, so Ray, just so you know what I will do is I will let I will copy you on an email that I copied to I think it was Tyler at Landmark, right, Tyler. I will send both of you an email when it has been signed, and I would I guess I'm going I'm gonna ask Tyler to get that recorded in the registry of deeds for you. I think waiting until maybe when you're here for a few days in January is probably not a great way to do that. So I think I'll reach out to Tyler once it's signed, I'll copy you on it, and I'll let you and Tyler figure out and how that's gonna play out, okay? Okay, great. Thank you for your time. Sure. [30:20] Chair (Unidentified): Thank you, Ray. All right, bye now. Yep. All right. Next meeting. You had mentioned, Jeremy, that... [30:28] Jeremy Martin: Yeah, and I don't know. Oh, yes. I don't know when Stacey Ann and Gartley Dorsky will bring that back forward, but I assume it will be in November. I am working with Hammond Lumber. They are looking to replace their large lumber storage building, replace it in an exact same footprint, so I'm working with them to see what kind of review is going to be coming through the process, so we may see that sooner than later, probably the second meeting in November, but I do think Allison's point about scheduling a workshop on priority setting and comp plan and all that stuff is definitely needed, and we should we should schedule that. We may want [31:18] Chair (Unidentified): to do that. Okay, and that we can we do that as a Zoom workshop, would that be acceptable to everyone? I know I am going I'm going to be in Colorado in November, so I'm just wondering if that's because I would definitely like to be part of that. Is that all right with you, Richard, if we [31:39] Jeremy Martin: do it on Zoom? Yeah, okay, that would be great. Allison, you're good with that? Tia? Oh, yes. [31:45] Chair (Unidentified): Yes, I'm fine with that. I will be traveling at some point, but I can make that happen. [31:50] Jeremy Martin: Do you think you would like to schedule that for that November 5th, our regular scheduled planning board day? [32:02] Chair (Unidentified): I think I can make that work. I'm sorry, Allison, go ahead. [32:07] Allison (Board Member): I think that's great trying to get into that sort of regularly scheduled. Scheduled, okay, is that, is it normally, it used to be a two-week schedule, is that, it's, it's the [32:18] Jeremy Martin: first thing you say regularly scheduled, it's the first and third, first and third Thursdays, yeah, okay, that sounds perfect then. Tia, you good with that? [32:31] Allison (Board Member): Yes, I am. All right, perfect. [32:35] Jeremy Martin: I will say I do know a couple members, folks from town, that are looking to join the planning board. So I'm hopeful that they move forward and do that. And I'm hoping that you're the person you spoke to too. So I think that's great. We do need some more members. So if you folks are interested, you're welcome to apply. See, look at that. [33:04] Chair (Unidentified): All right. It's good to serve. If you want [33:07] Jeremy Martin: to come down and chat with me sometime in my office over here about it, you're more than [33:11] Allison (Board Member): and welcome, no pressure on that topic. Could I just briefly say I think that sometimes it would be good to explicitly reach out to some of the other committees in town because some of the people that have been really involved in, you know, other committees already have a lot of background information about how the town works and sometimes they're not quick to think, oh, I really want to do the planning board because they imagine that there's this vast group of, you know, professional experts that are already doing it. But to kind of proactively reach out to some of these people and say, hey, some of you have a lot of experience and, you know, just because you're on another committee doesn't mean you couldn't do the planning board also. That's absolutely true. [34:02] Chair (Unidentified): It's also good to reach out to people that, you know, for fresh ideas that aren't necessarily part of the system. So both ways, I think, is very good. I think, yeah, I think so. Sometimes I think [34:16] Allison (Board Member): people, it would be good if they would move off of some of the, if they've been on the same committee forever and ever, that may be freeing up a spot on the, you know, highly coveted harbor committee or conservation commission or something. Sure, I hear you, but yes, I agree, both things, because we [34:31] Chair (Unidentified): obviously need all the help we can get getting people here. Okay, do I have, I think, are we ready to adjourn? Do I have a motion to adjourn the meeting? So moved. Thank you. Second. Okay, thank [34:43] Jeremy Martin: You all in favor? Aye. And very good, thank you. And Tia and Allison, I'll have this plan in our in the office here for when you're back around in town to please come in and sign so that we can get this recorded, okay? Remind me, I'm sorry, you both talked at the same time. Tia, you go. If I forget them, please remind. Oh, okay. Allison, I heard you. Tia, what do you got? [35:10] Chair (Unidentified): I will be in Tuesday. Awesome, thank you. Awesome, thank you guys. The first Thursday.