blokus me up for example I'm what a machine will take 1200 numbers wow that's late this shows up on my screen on the TV but it doesn't ring like noticed hopefully that's done for a while I think it's going to be ugly that's two months yeah yes I will settle down those this on prices somewhere look it recovers go there when you're on something there's an angle perhaps I have centered then what the boy saw all right I'm going to be chairing the board tonight because fills out so take it easy on me it's on a second time I've done it so the first thing is going to be roll call we have Jason charm christus winter jeff mcintosh journey Trebek Jeremy chammak david thompson John Beckett and Michael Costello all in attendance I want to move or instantiate Jason charlyn and Michael Costello's voting members tonight that's all you to do just say make motor members enjoy okay do I have a motion to accept the agenda so moved berger there a motion to approve the minutes from the October 19th 2016 meeting I have one small correction to make and it's a correction to the correction we made last time which is kind of funny okay the sentence that starts with my name Krista Schwinn serve moved approval of the minutes with one amendment namely the correct to correct the word applicant to application in the first and that's where it ends and so that sentence is incomplete and so let's have it say namely to correct the word applicant to application at the end of the first sentence any other comments Corrections ok going to get a motion make a motion so second so yeah that's nice alright so now we're going to the public hearings for a final solution plan application of mm truck sales for an eight lot subdivision on union street on a portion of a nine point one acre lot identified as tax map 31 dash two lot one to be known as Riverside estates does the applicant want to give us the overview yes my name is Jim Kaiser I'm here representing mm truck sales also with me tonight is morreion Mary ther owners of nms mmm mmm truck sales as you noted this is a project that's located down at the very end of Union Street and we're proposing to do eight Lots on approximately five and six and a half acres of land the entire parcel is a little bit over nine acres with the remaining land being retained by the owners the eight Lots will be served by public water and seven of the eight Lots will be served by on-site wastewater disposal systems with first lot closest to the waste water pumping station will be served by municipal wastewater disposal we received preliminary approval from you back in September for this you asked for a couple things to be further reviewed and considered those include confirmation of a right away that went between the railroad spur and the main line of the railroad another one was increasing the strip of land to be deeded over to the town from five feet to ten feet and the third thing was confirmation of a sidewalk whether it was deemed to be worthy of construction at this point in time worth it was better delayed until future considerations are presented by the applicant the public works director was the one requested to give him put on that in addition to the ten foot that you requested which we did add to the additional five feet that a plan we are providing to town with a turnaround easement at the end very end of Union Street it's informally been used over the years and part of this approval will provide a deeded easement for a turnaround at that area in addition we're going to provide a drainage easement between lot 7 and 8 which is where water does drain currently in that area it needs a little bit improvement to facilitate adequate drainage we're going to basically construct that drainage well before the sale or building permit on lot 8 or 7 so that that will be done prior to those Lots being developed that preliminary plan we discussed the traffic and the stormwater and both of those would need to have minimal impacts as a result of this development and we're here before you tonight to look for final approval also on that right away between the two railroad spurs the surveyors have taken a second look at that and they have reeled from the boundary survey and thus it's not on the subdivision plan that's before you tonight so with that I'd be more happy to answer any questions that the board has as you consider this project thank you thank you um the next step Evan do you want to see if you would sink to your prepared reports including your packets focus primarily on the conditions that you say a preliminary clinical and the responsive to local condition jim has summarized some of them and it's going to be very brief on a couple of them and that is that the ten-foot right away with the wide immunity to 50 to the right of way to 50 feet is now on the plan it's wider than 10 feet at the curve but that putting the Union Street entirely within would then be the public right of way so that has been lightly satisfactory the staff you've got the memorandum from Rob York saw on the sidewalk Rob booth recommends that the sidewalk construction wait until such time as there is future development and the remainder of this land if and when there is future development of the scale that would warrant that side walking at that time should be built all the way along this frontage at same time in that 10-foot right-of-way addition provides space for it he thought is reasoning young concerned that maintain short length of sidewalk that doesn't connect anything with the unwise use of their maintenance resources but fully understand the sidewalk should be there eventually if there's going to be more development than these eight Lots and dolls me leave it to your wisdom as to what you would like to do I including the packets again the sidewalk very a map we can see that the front sidewalk terminates above the other railroad tracks at the bottom of the that right away is gone that were orphaned right away that I don't wasn't unclear ahead and do this property and then hey that's moot issue now it's no longer on the plan and finally wanted to make sure that called legal documents relating to the turnaround easement the drainage easement and the feed transfer of this 10-foot with the Union Street were in proper order and reviewed by the town attorney our time tourney did review it made a few comments and those adjustments have been incorporated into the documents that you have before you tonight so those are ready to go my recommendations in terms of if you choose to approve does that there would be a few conditions attached to it either someone standard conditions but important to this one's one would be that all the transfers of land described in the address fendi would be executed prior to the Lots being sold or building permit issues so that any buyer would obviously know that those transfers are affecting part of the subdivision second that a note be added to the recording plan itself relating to the potential future construction of the sidewalk at the expense of whoever's doing the development new Jason Lam that if that development is the scale that the Planning Board warrants sidewalk construction to serve not only that development that extended development but these a lots that that would be like their requirement of the board so the people are putting their purpose but people on notice and that this is not forgotten later on so if you write on this note right on the recording plan itself as well as part of the record of the meeting if that's what you choose to attach to the condition third that could be very clear in them in the record and so I think it's made clear in the record by making in the state of condition that approval of this plan conveys no judgment until otherwise and no legal standing to the concept plan that we presented as part I was required to be presented part of the preliminary plan but only to inform the board as to whether there should be an adjustment for this a lot subdivision should future development come to pass and I think just important for everybody to always understand that there's no judgment made no review given no legal standing given to that concept camp and that any such additional development on the adjacent properties would need to start from the beginning in terms of all the reviews standards conditioners that the plan would have to be reported within 90 days and then there is one other that I didn't that that the applicant and I discussed in his in their supplemental submission they indicated by I didn't put it here but it should be if you move ahead and attach a condition that the corner pins all be put in place before the board actually before those and indicated that they have been put in place on the recording plan before the Lord assigns an important time for filing at the richest rupees but those would be recommendations should you get to the point of acting this evening and acne capably on a solution alright so before I open up the public hearing I just wanted to say two things the first is really really eight number no excuse number three that haven't mentioned which is all we're acting on tonight is just this eight lot subdivision and the second thing is is that the board what we did was go through a standards-based process we don't have an opinion on whether we like something or don't like something we're supposed to look at all the steps that they need to go through all the standards they need to satisfy and if they satisfy each of those standards just like a checkbox then we have to say yes it's not like we're making decisions about what the town should and shouldn't do we have an ordinance it lays out the different zones and what's allowable no zones and what hurdles some of need to get over to get into those zones and so we just make the judgment call of did they meet that that threshold so doesn't want to be clear that that's our job okay so with that I'll open the public hearing and anyone that wants to step up feel free please and let us know your thoughts and ideas okay and please state your name up at the microphone thank you hi good evening my name is Paul Schrader I lewd 13 Hamlin street and I appreciate the care that everyone's been taking us as far as I'm reviewing and ultimately approving this proposal on a couple of things have come up that I wanted to ask about one of them has to do with the hook up to the town wastewater disposal system and I don't know if I have this correct or not because you know I was just told this by you know someone else but that the rule is something like on if a new structure residence is put within a certain number of feet maybe 200 feet of an existing sewer then that structure has to be connected to that sewer and the question that was raised to me or the question was raised just in general because I'm not the one to answer it is well in this particular case the first structure has to connect to the town water but then why is it because that one has to connect why doesn't the next one have to connect to them and then the next one have to connect to them in other words why doesn't this whole project have to connect to town and why are we having seven new septic systems installed down there in yeah in in that place so that's my first question do you want an answer I do you want to insert Evan the red or go for it if the cat is a good question we it's a question that we asked one of the very first questions we asked when did the sketch plan came in and we went to Joe Madigan the soup 10 tons of waste water treatment facility to ask that question the standard is indeed that if a property if it's a lot the structure is within 200 feet of a public sewer line and need to connect to that public sewer line and mr. Madigan's advice and the way he has was interpreted the ordinance and enforced it and he's the fellow does that our advisors on that is that in this case the first lot is within 200 feet it has to connect that connection is not a public line it is a private connection line and does not part of the public system it's not part of the system that the town owns or maintain that simply private connection just like from anybody's house out to the street and so that doesn't trigger this chain effect of 200 foot everybody's within 200 feet you know the key question at the beginning was does the 200 feet apply to the entire 9.1 acre parcel or just to the first lot that's being created on that 9.1 acre parcel and mr. Madigan's opinion is that according the ordinance that applies to the first lot is created and so that's what has been that's the standard that's been applied okay thanks um after having been here for the previous hearing I have a concern that I raised that and I'm still I just want to make sure that it's understood and it's possibly not something that can be acted on or maybe it's just something that can be acknowledged by the developers and that that and that this is a very established arm neighborhood with long-standing residents who are who consider their neighborhood to be very precious to them and that this development has the potential of fitting in appropriately with that neighborhood that long-standing neighborhood and it also has a potential of overshadowing that neighborhood and just through the character of the structures making that a neighborhood something very different from what it has been through the years and my concern has to do with footprint and height and I think the understanding i got the last time was that there is quite legitimately appropriately a minimum footprint or minimum square footage for these structures i'm not quite sure how high they can go i'm not quite sure whether the the facing the the elevation facing the road has a limit i'm not sure how tall these structures can be two or three stories thus the subdivision is named is it Riverview riverside the states of leaves with okay well if it's Riverside it's not quite riverside because it's on the other side of the road if it's Riverview which I'm a guest pleased it isn't you know we have to think about well what what do people think they're getting when they get these Lots so I would just let personally I would just like to caution the board the developers everyone that that their historic and neighborhood values that should be respected as these lots are developed understood your concern is that they would be potentially to large yes okay yeah I'm not aware of putting caps on the sizes of things there is a height maximum which is 35 35 feet so they couldn't be any larger than that but that would be I mean not many three-story houses around there you know plus a basement so well you know I don't know I've been in and out of various discussions around town for years and I do know a town council member who once talked about the idea of water street being a prime location for three-story condos but that's not right but that's not what this is these are single-family homes understood okay I'm just cautioning that I hope that everyone who is involved in this going forward is sensitive that there's a long-standing neighborhood that has a certain kind of character that it has a fragility that I think we should be very respectful of stood thank you what anyone else laketon a good evening my name is Alan hutchinson I live in 24 Hamlin street I'm a former planning board member I spent eight years sitting up where you folks is sitting back in the 1990s so more enjoyable being on this side than on your side but nice to be back but what I just wanted to I'm sorry i missed the sep tember meeting um it was unavailable to be here but just wanted to share a few thoughts with you from from my perspective my family my wife and my perspective as being residents of Hamlin street which is just off island avenue as you head down to union street and we've been there for 38 years we think it's one of the all these small neighborhoods in in this in orono in our minds are extraordinary just extraordinary assets for us and we just absolutely believe that the best use is residential and open space and we just hope that you consider continue to consider that as as interest is shown in doing things with these lands and these particularly down and I don't have a new margin union or wherever this might go there hasn't been a lot of activity development activity in in that our little neighborhood which that end of town so this is a it's a big change as Paul said so as these changes occur just please keep in mind how how just absolutely special these places are there's no place in orono that we would choose to live other than this old community neighborhood street that we're on it just is just no place else we go and we have property we've invested and restored three houses on hamlin street now in our 38 years we just believe in these places so much we continue to own three of those rent rent too and livin livin the one we first bought 38 years ago it was a restoration project and we just love these neighborhoods and the river too is part of this open space keep in mind the importance of open space as you go forward here because the this river is an extraordinary asset as well and I think it's one of this town has not taken full advantage of understanding just the potential it has to bring to bring just a true sense of character to this town that we haven't really captured before so as this growth occurs please keep that in mind you have the ability to to protect that resource keep those shorelines solid and and looking good from both a river looking in and from from the roads and houses looking out and keep in mind the importance of providing open space and access to that River one of the things that that frustrates us a bit and we wish that was different is that there's not a lot of public open space when you get into that part of town down island avenue union street margin a margin street that area it could use some more so please keep that in mind as well so i i'm not going to express opinion one way or the other in terms of what's being proposed other than just simply to say that that my wife and i share the view that that residential use and open space use is the right use for that part of town in the past it's been challenged by some incompatible industrial type uses that went in around there they're kind of winding down we hope that continues and evening that can can continue to move towards residential and this open space side of things in single-family residential that's what these neighborhoods been that's what they need to continue to be and it will bring great vitality to this town good luck is there anyone else that would like to say a few words okay I'll keep it open someone changes their mind and i'll open up to the board to thoughts questions opinions Evan all right let's will go down the one I actually have one question before we and then I go down the line and just make sure everybody's doesn't everything else so I want to be cleared in order to have a duplex emdr you need 40,000 square feet correct you need if you had a duplex on public water in public sewer you would need 40,000 square feet so that would be a lot one only so these would be single-family homes these are single-family homes of the proposed declaration of covenants and restrictions to say they shall be single for writing so that would be part of everybody perfect night swimming ashore homes and with some of them modest middlin sizes 1100 and 1200 40-story hip yeah thousand for single-story 1204 split them yep good so Jason do you have any I have no questions Krista no Gary I have no question no question John nothing like the only one I were a question is it was already been addressed by a man with the sidewalks good all right any other public comment right I'll close the public comment area at this point fine in effect yes as always my always my constant caution is these are draft for your consideration and subject to revision even reversal by you in any way that you see fit it's just the wave streamlined the meeting understood hey thank you alright I'm going to read these into the record one by one after each one I'll make sure everybody's good with with rent of red graphic consideration of and subject to revision by the final board proposed findings of fact Riverside estates subdivision mmm truck sales incorporated final subdivision review in November 16 2016 pursuant to article 7 section 18 210 subdivision review the owner protoboard is considered the application of M&M truck sales incorporated for final subdivision approval of an eight lot single-family residential subdivision to be known as Riverside estates on a six point four or five acre portion of a nine point eight nine point nine point one acre parcel on union street and the medium density residential district identified as a sister Assessors tax map 31 dash two lot one based on all the evidence presented by the applicant reviewing agencies town departments in the public the planar board is found the following number one character the land that the character of the loan to be developed can be used safely for the building purposes without danger to health or pedal from fire flood or other menace okay number two conformity with the other laws and regulations that the proposal version plan conforms to other political the laws regulations that the subdivision does not divide the land into 15 or more lots on 30 or more acres and therefore does not require review under the main site location of development act that the subdivision will not generate the level of traffic that would require a traffic movement permit from the Maine Department of Transportation's traffic movement permit and that the subdivision will not disturb natural resources that would require review under Maine's Natural Resources Protection Act number three Lots that the minimum dimensions are met for individual Lots in a medium density residential district served by public water supply and either public sewer lines for lot 1 or subsurface water disposal for lots 2 through 8 and that all lots are buildable with appropriate lot sizes sidelines lot frontages shapes and suitable locations for driveway access number for drainage improvements a that based on the material submitted and the review and comments of the town engineer stormwater runoff from the subdivision is naturally directed toward and retained by a wetland area near the rear of the property will be will not significantly increase the rate of runoff beyond the properties boundaries and the drainage facilities including a drainage easement to be conveyed to the town are large enough to accommodate potential runoff from the drainage area and to give me up stream flows generated by a 25-year frequency event without overloading the system or flooding area is not specifically designed to be flooded be that the subdivision is planned to protect property from the hazard of flooding Riverside estates proposed find effect page 1 I don't wanna read that one cancel that line see that the stormwater management system for the this ate lots of division is not subject to the proposed construction monitoring requirements of chapter 13 article 4 of the owner code of Lawrence's any issues with item for okay five open space wild light light habitat and Recreation land 5a that the subdivision will which will be limited to single-family dwellings on the relatively large lots along an existing street will be will not unduly impact the aesthetics of the law and 5b that the site to be occupied by the eight Lots does not impact unique natural areas are known or suspected historical prehistoric resources and does not impact trails or open space that are in public ownership or legally reserved for public use 5 see the note portion of the property lies within 250 feet of other significant at map by the Department of Inland Fisheries and Wildlife and 5d than all freshwater wetlands within the subdivision have been identified and mapped and the development of voice alteration of these wetlands 6 streets traffic pedestrians and parking 6a that the subdivision does not involve any new streets but rather is located along an existing public street and applies with the requirement of the subdivision ordinance to provide to the town land area needed to bring the width of the streets right away to the current standard of 50 feet 6 be that the level of new traffic from the eight lot subdivision will not have undue adverse effect on existing levels of service of the area Street system or cause in reasonably highway or public road congestion or unsafe conditions in public streets 66 see that no sidewalks currently exist in the immediate area to which a new sidewalk along the subdivision could connect and that adik adequate provision has been made by the addition of a ten foot of with to the union street right-of-way for a future sidewalk along the frontage of the subdivision should repeal more in this review of potential future additional development on the adjacent land owned by the developer Deema sidewalk necessary to be built at the developers expense and 6d that lot areas are adequate to provide off for off-street parking to serve homes on these Lots anything on 60 k 7 Pollution Control 780 that the development will not result in undue service or groundwater or air pollution 7b that the development provides for erosion control such that there will not be unreasonable soil erosion or a reduction in the lands capacity to hold water so as to create a dangerous or a healthy condition 7c that there are no rivers streams or Brooks within or abutting the property and that there will be no crossings of such and the development will not have undue adverse impact on any river stream or brook and 7d that the soils are adequate as demonstrated by test pits evaluated by a licensed site evaluator to accommodate subsurface wastewater disposal and the development will not adversely affect the quality or quantity of groundwater any collins and 78 utilities and solid waste management 8a that the development will not be adequately will be excuse me adequately served by public water supply in the case of lot 1 the town's wastewater collection treatment system in those systems have been have the capacity to provide these services 8b the development will be provided with electrical telephone and telecommunication service adequate to meet anticipated use as a result of the development and that utility services will be from existing lines along unit street aight see that the town has the means to serve this single-family residential subdivision with its municipal solid waste collection to disposal system and 8d that the subdivision does not involve the handling storage or use of any hazardous special or radioactive material any questions or okay now in financial and technical capacity that the development does not involve the construction or extension of streets sewer or water supply infrastructure dedicated to public ownership or maintenance and therefore does not require subdivision improvement guarantee for the proper construction of such facilities and that the applicant has demonstrated the tentacle ability to construct the drainage swale between lot 7 and 8 to the specifications indicated in the subdivision plan prior to the town acceptance of the drainage easement containing the swale and prior to issuance of a building permit for construction of these Lots number nine questions or concerns okay with that the record there's no further discussion the public hearing is closed at this point if someone wants to say something can I open it back up to you can okay public area back open yeah go PS am just as listening to that and looking at the map again first time I just a question the question had to do with just trying to understand this with a question I guess my basic question is what is the ordinance say about open space requirements in a subdivision of this type good there are no explicit open space requirements for a what we'll call a traditional subdivision if there is a cluster subdivision right which comes with a significant density bonus then there are some very specific open space requirements so for example in a see if this works if these were clustered on small lots right and there's that and then there then I think in a single cram subdivision i'm going to say either the t the twenty five or thirty percent of the land area must be permanent protective actions babe and that open space has to take on certain character yep but in a traditional one of this nature there is there is no requirement this whole and see if i'm just trying to see if I understand this correctly so the ownership that's currently under review and if this is it man no the open space the the ownership continues to the rest to the retained lot that your point in there and the ownership acts that goes to the adjacent retain lot the retained lot will when i say retained light I mean recording the applicant the applicant is used this terminology so I will use it and i think is correct this is a nine point one acre site 88 lights are being carved out of that 9.1 acres and there's retained area of about two and a half acres which is in which is there and there's another 26 or 27 acres and also owned by the same entity their butts that and looking at that that concept plan I understand that's not under review today I'm just trying to understand it and maybe you can help me in this unit is this these laws in here is this is this shown on this concept plan the future use of what this will become yes is that what I'm looking at here there are the other way three locks oh you go up to the mic yep the concept plan that we submitted does include the retain land that we're retaining as part of this subdivision so it does show on the conceptual pale plan the development of this retain land okay thank you that's helpful thank you I'm going to close public hearing then again fighting the facts I have one comment related to those go ahead I think in the in a drainage improvements we had note that it was to be completed prior to you mean the e at seven and eight yeah prior to the D being given to the to the town yep but within the deed it says it would be completed prior to sales i think in sales are occupancies on lot seven or eight so you want to change number nine on the deed i think our apartment after the sale yeah agreed so number nine on the on the deed is actually see uses the word foot prior to the sale well actually or the issuance of a building permit so we just want to cross out say like I or maybe we want to keep it in place which I'm sorry so item number 9 and the mod nine yeah item 9 on the on the plan do you have a copy under financial type of overcapacity correct it says we're to construct that swell prior to the deed acceptance of the drainage easement but within the drainage easement it says it's to be constructed prior to sale though there's lots i think if i remember correctly let's admit it the concur it is important to make those consistence let me just see what the deeds registered take take a few minutes to yes what mr. chairman what the drainage easement says among other things is that Grand Tour that is the applicant mm truck sales agrees that it shall construct a swale in the drainage easement according to the gradient plan attached hereto as Exhibit B this obligation show applied to Grand Tours successors and assigns ranti will not issue a certificate of occupancy for any structure built upon lot seven or eight unless and until such swell is constructed so that's what it should say it on the deed that's in the deed and so in the planet is me in the findings of fact is that we are referring to I think Jim is it should say prior to town issuance of a certificate of occupancy for any structure built upon lot 7 or 8 because you're talk about the general notes on the plan right within easement itself beyond the plat oh the easement okay yeah the easement that we're giving to you says that we won't construct that swale or we will construct it at a certain time in in place you're finding effect says it will be constructed before we give you that easement so those are in contradiction to each other it will be it so it should state to be consistent thank you for pointing it out it should 9 financial and technical capacity and the findings of fact mm-hmm the last phrase should say prior to the town issuing a certificate of occupancy for any structure built upon lot 7 or 8 so replace prior to town acceptance of the drainage easement containing this whale it should say prior to town issuance issuing a certificate of occupancy for any structure on these Lots and so should I read mine into the record again and it's corrected version that's a good idea okay nice catch thank you so I'm going to read in item nine again here under the findings of fact with that corrected last sentence item 9 financial technical capacity the development does not involve the construction or extension of Street sewer or water supply infrastructure dedicated to public ownership or maintenance and therefore does not require a subdivision improvement guarantee for the proper construction of such affiliates to fit the facilities and what the applicant is demonstrated the technical ability to construct the dream you swirl between wats seven and eight to the specifications indicated in the solution plan prior to town acceptance of the drainage easement containing the swale and prior to issuing a certificate of occupancy for any structure on these Lots I think there was a cross out that was still involved yeah I think you can cross out everything from acceptance through the word construction oh so it's a prior to town issuance of a certificate of occupancy it's time to me the characters yep on these Lots let's say what time then do I need to show me the whole nine in again i give him your copy yemen and then that will be I think I'm good yes pennant okay she doing you do we don't mind I oh then again or just like just the last phrase just the last after the semicolon there prior to town issuing the certificate of occupancy for any structure on these Lots okay I think we we're good there thank you alright so we have the funding the facts in do I have a motion that's is that the next step of them yes no more in the next step and there is any emotions is katay any conditions right prove all that which would be the for you outline plus the fifth when you mention tonight with the pins yes there would be my recommendation and what we went before we go into conditions can I make a rate I guess a request or a comment I guess on number two I've had plans I've actively involved their plan to ended up having some notes that were contingent upon future development and what happens is they have caused some issues I think this is very well understood that we have an obligation depending on the board's determination if future development warrants a sidewalk going down the entire length of the nine point one acre parcel but I think I don't know that it necessarily needs to go on a subdivision plat it would be within the right away it's not as if it's going to take any land out of the lot sits within the right away that we're providing that additional 10 feet to the town so I'm just a little bit leery of putting it on when it is something that is open to determination from the board at the next consideration of future development from that standpoint so I just put that out on the table and and if if the board does I certainly would appreciate something a little bit less cumbersome and the entire number two I don't know anyone else my opinion is is that because these are two separate parcels and the futures hard to predict I'm liping is that we would not remove it the language itself I don't know I concur agreeing I don't mind it be in a condition approval just not on the plan itself I think the prom we've had in the past with that kind of thing is that you know in five years or six years the plat is easily easily acceptable accessible than we can see it we're trying to find all this stuff and what happened five six ten years ago and that's what problem having with another one that doesn't it's outdated aspect of it and now it's causing all kinds of problems because it was on the plat so in this case there's no date on the platte i think i've seen these notes before where they're dated and then it does cause confusion and there's times there's there's no date on this the language itself Evan I don't know if you have an opinion trying to change it or narrow it down a little bit but if anyone else has an opinion on I I think it does need to go on the plan and because we don't know when the next thing happens and it needs this is kind of a compromise their those of us who really wanted a sidewalk now and we are compromising on the promise that it will come later but we want to be sure it really does come later again I concur agreed very I agree okay so longer than I you know I understand that this is not your streamline pros but and I'm not an attorney so it may be unnecessarily wordy but let's just go through it if you don't mind I'm going to read it slowly just see if you see anything there that shouldn't be there or that could be streamlined I think there's a Kaiser is thinking about the logistics of putting it on the plan but Eminem truck sales inc or its successors are assigned in ownership of the land identified on this plan as remaining land of M&M truck sales and or the adjacent land located at the south end of union street and are identified on this plan is additional land of M&M truck sales inc so they know that identifying who is responsible and where the land is that we're talking about yep there is on the plan there are these two notations one that says remaining land of M&M truck sales and another saying additional land of M&M truck sales so I thought that those were convenient phrases that I kind of practically what we're talking about so I don't know that that could be streamlined it's a little wordy but what says on the plan can you just put hand or quote additional land of mm sales you don't see where it's located well it has you know it's it's on the platte so it's and you can or eliminate almost a whole line there and or additional land of mmm truck sales and or the identified as a little fires identified both them right in the very first before it said the first one identifies them so it's just and or the additional in if you could do that so strikeout everything from the adjacent to the word as so it will say and or quote additional land of M&M truck sales inc shall be responsible shall be responsible at its sole cost for construction to town and other applicable standards of a sidewalk and any other infrastructure along the entire front edge of the subdivision shown on this plan if such remaining or additional land is developed in the future and the ordinal Planning Board determined such infrastructure to be necessary to serve this subject subdivision as well as the new development so that whole phrase says signs of responsibility the obligation but you know if all that ever happens here is two more lots you might not believe that Sidewalk is necessary yeah we've given future planning board some leeway to make that judgment but if they do it shall be done the entire length of this subdivision as well as whatever might be proposed and at the cost of whoever is doing that development yep and then finally no building permit shall be issued for such remaining or additional land until the Planning Board has made its determination so it sets a process and that that's inherent though it wasn't because the remaining land is part of the subdivision so well that has to have Planning Board approval additional land if it was sold as a single parcel when that the outside of planning board review I think there are enough things that could happen over time here's the first few structures might never come before the board you know if it was sold one lot of time over fight in five-year periods if that additional land that adjacent land was divided into two not creating a third parcel and so now that is not a subdivision of that additional land and each of those developed parcels were bought by a developer who is planning on doing something I just think it's just I think it's a caution that is my advice is to stick with that it leaves some leeway and judgment for this planning board of future planning board as to whether it's necessary so if somebody wants to come in says I just want to buy the whole 26 acres I just want to have a single home on it and that's it then you might say oh okay no sidewalk required go ahead but you will had a chance to look at it and understand the intentions of any future buyer user of that land and we just don't know and the developer doesn't know what might actually happen there in the future anyone have any concerns with us this language I think it would be prudent to keep it in as evidence outline that great they agree with what switch to said originally we did make some concessions on sidewalk and I think we in my opinion and experience this is quite specific and we needs to be quite Pacific I think it should be left as it is i think it's unanimous that will strike that one set of eight words which is sound like you were okay with that Evan yeah outside of that it remains the same are you okay with striking that'd you want to leave the whole thing that the same way oh I'm okay with striking that phrase and I jc- of the language so from the adjacent land located the south end of union street and identified on this plan as all those words can be struck okay perfect okay all right any more discussion since we've had quite a bit here since the fine effect I do I have a motion want to give it a shot Jeremy I give it a shot did you know that the pins language 20 minutes I only have part of the pins language so if we could read that again what we talked about earlier i had the corner pins put in place and indicated as such before yes I what we'd be looking for and what the applicant has stated in their supplemental submission is that the the lock the corner pins of each lot shall be placed and shown on the recording plan prior to signing and record a shin so when you sign it you're actually seeing where those pins are Kristen you ready Jamie I hope so I make a motion that we accept the proposal as outlined with the following five recommendations first that all transfers of land as described in the draft quitclaim deed and covenants submitted as part of this final subdivision plan he executed and filed at the Penobscot County Registry of Deeds with copy and recorded deed provided to the town code enforcement office before any lots are sold or building permits for construction on the lots are issued to that the following note be added to the recording plan mm truck sales incorporated or successors or assigns in ownership of the land identified on this plan as remaining land of mm truck sales and or additional land of mm truck sales incorporated shall be responsible at its sole cost for construction to the town and other applicable standards of a sidewalk and any other infrastructure along the entire frontage of the subdivision shown on this plan if such remaining or additional land is developed in the future and the or no planning board determines such infrastructure to be necessary to serve this subject subdivision as well as new development no building permit shall be issued for such remaining or additional land until the Planning Board has made its determination three that final excuse me that approval of this final subdivision plan conveys no judgment implicit or otherwise and no legal standing to a concept plan submitted by mm truck sales as part of its preliminary subdivision plan application for its remaining an adjacent lands and any plan of development for the remaining and adjacent land shall follow all procedural submission and review requirements in effect at the time of the proposed development for that the final subdivision plan must be recorded at the not Scott County Registry of Deeds within 90 days of the date of approval and five that corner pins of each lock be put in place and indicated as such on the plans before signing and in recording recording thank you in a second second all right let's vote thank you very much all right moving on old business none new business done discussion December meeting yes normally at this time we look at the day to December meeting and decide around by the supposed to prisoners will remove it but at this point we have no applications who have they're coming to us and today would have been the deadline for applications to come to us for the December meeting so we get a Christmas gift you get a Christmas gift there will be no meeting in December let me just check the date I just want to make sure that the 30 day if some of the public has a question I'm not sure is entirely up to you folks as to what you want to entertain that in our the discussion have somebody and it does no harm if you wish to sure if you want to say something feel free I fall sure again I I don't know if that was out of order this isn't pertaining to your current discussion it's an observation i have about getting information about these meetings on to your website that really I haven't been in panic playing board for three or four years and trying to get up to date about when these meetings were what the agendas are what happened minutes of previous meetings it's not on your site the last minute sup works like July I'm not talking about today I'm just talking about like this last week and when I came less on the agenda isn't up for wasn't up for the current meeting last time maybe this time I just would like to request to the town that if the next meeting is in November your website doesn't say your next meeting is August and I'd like to request of the town if your last meeting was in August that the minutes don't show that your last meeting was in June so please know that there are those of us who do depend on information from the town being current on the website especially as to do with agendas and current business so that's my observation on that right Paul yes person are you going to the planning office I town of or no planning board site okay I don't know how many sites there are but it's it's a town of or no planning board it has agendas it has upcoming meetings it has minutes and it was not up to date hmm okay it might be all up to date today but as of the last meeting it was not up to date at all probably wasn't we've been short an administrative assistant we now have a very yep changes recently okay well I'm really happy I'm just giving you my now feed bad and I think you should take note of it and are we will and I appreciate that you're out to date now and everybody's up to speed but you weren't recently and it's not helpful that's I think I simply didn't keep that's absolutely true Thank but tried but I just couldn't but now I get people both amor very confident to do this sort of thing and it is our intent to do okay I appreciate it you know I I do pay attention and I would like to be informed and I think all the public wants to keep up to date as much as you're up to date on what's going on here let's record everything is up to date now but also for the record we do not put the minutes on the website until they have been approved by them they'll be delayed at least five weeks something like that because we have to approve them buffet opposed it okay I understand we're all doing our best it was not where it should be recently agreed it's all going to be great going forward that was why I made this comment okay thank you thank you all right December meeting you were saying lemon yeah I don't expect there the the the 30-day deadline would be this would be november 21st so on Monday I nobody's coming to talk to us so I don't think there will be meeting but with a caveat that it's possible in the next three days somebody could come in with an application or something the des if the meeting is on december twenty uh sorry december 21 now toward summer 21 is knotted so what if we said was december 14th it's too late we'd probably have to get some leeway because we didn't announce that and buy it but nevertheless if there were meeting i assume it would be december for you want to move to December 14 yeah yeah I mean I don't know what everyone else's Christmas week is the 21st to be the ones day that's Christmas week 14th would be better it doesn't matter to me either way we will we will take as guidance that if there isn't being decided it will be to some 14th but we will let you know early next week to confirm that there was no business that come came for us cut or if there is something will tell you that but okay thanks to them alright can I get a motion to move we adjourn second of all those in favor I think you voted there for a second David thank you you