February 15, 2007

 Acton Planning Board

Meeting Minutes

February 15, 2007


Members Present:  Chip Venell, Tom Cashin, Yoli Gallagher, Brian Belanger, Jim Fiske

Members Absent: Randy Goodwin, Keith Davis

Guest Present: John Moore, Dave Billham, Jamie Lowrey, Pat Mulcahy, Keith Reynolds, Diane Reynolds, Matt Winchell, Richard Sweet, Andrew Gobeil, Ken Paul (CEO), Michelle Rumney (secretary)



Meeting called to order at 7:10pm by Chip Venell


The minutes from 02-01-07 were read and a motion by Yoli and second by Tom were accepted with changes.


Public Hearing for Conditional Use Diane Reynolds (Map 36 Lot 67) 85 Wren Road


No questions or comments from public offered.  Public hearing closed.


Diane explains again to the board the nature of her business.  She will operate a nutritional consulting business out of her home office.  She will have one client on the premise at a time.  Her driveway will hold more than 4 vehicles.  She would like to put up a sign.  Computerized scanner does a full body scan with probes, no radiation or medication, offers nutritional solutions to health related issues and educates client on diet.


This home occupation requires a conditional use permit because the property is within the Shoreland District.


Findings of fact are read:

a. n/a                            i.  n/a

b. n/a                            j. n/a

c. yes                           k. n/a

d. yes                           l. n/a

e. n/a                            m. n/a

f. yes

g. n/a

h. n/a


Tom motions to grant the conditional use permit for Diane Reynolds with conditions; motion is seconded by Brian.  Board votes and approves the CU for Diane Reynolds with the following conditions:


1) On site parking only

2) Have plans for signs approved by the Code Enforcement Officer prior to posting

Jamie Lowrey for Moose Pond Subdivision


Written request for waivers is received.


Andrew Gobeil from Sweet Associates is present to explain their response to JBRand’s peer review.


-Contour modifications have been made to show more accurately with the lay of the land

- Footing drains are recommended

- 40 ft of casing are recommended

- method used for dispersivity rate is actually the more conservative; gives longer plume lengths than 5 other documented methods.


Jamie explains that the applicant has no objection to changing the septic locations.  Tom asks if a building envelope would be considered.  Jamie replies that yes they would consider this on the lots of concern.


Chip asks Andrew if the method used for this study is used for all the studies from Sweet.  Andrew replies that this method is used for all their studies and it takes a user’s possibility and probability of “fudging” the numbers away.


Yoli asks how shorter plumes relate to faster water table movement?  Andy replies that the faster the water table moves the more quickly it disperses, thus a shorter plume length.


Chip explains that it may be important for the board to ask Rand why he picked the method referred to in his peer review.


Andrew explains that it would make more sense to move the septic locations where they wouldn’t have an issue rather than changing methods of calculations.


Tom addresses the waiver request for stormwater and erosion control.  CEO does not do site by site stormwater drainage plan when a building permit is issued or erosion analysis, this needs to be addressed now within the context of the subdivision review process


Jamie explains that the DEP would only require stormwater plan if a road was being created not on lots created if they are not being developed.  The applicant has no intention of developing the lots or creating a road.


Tom suggests to the Board that if this is approved that some type of condition be put on the plans as a deed restriction that says something to the fact that any individual driveway shall be constructed so not to contribute any additional runoff to Anderson Cove Rd and H Road


Something to this nature may be sufficient for the erosion & sediment control measures as well.


Yoli motions to accept the final plans for Moose Pond for completeness; Tom seconds the motion.  The board votes to accept the plans for completeness.  A public hearing is scheduled for April 5, 2007 at 7pm


Matt Winchell for Roads Issue


Matt would like to make his “roads” legal and accepted by the town.  He is asking that the Board waive the requirements for Subdivision Review and accept his survey for the road.  Property is a golf course, Planning Board made no requirements when he came before them for the golf course.  There are no physical changes needed.  He believed that he was all set when he came before the board in August when he intended to sell the piece of land that retained his road frontage.


Chip explains that the golf course in the General Purpose Zone is a permitted use and does not require a conditional use permit; therefore the Planning Board had no jurisdiction to require anything from you at that time.  Chip explains that the board did not tell him to go ahead and sell the piece of land; the board has no authority to do that.  You can sell anything you want but the problem comes when you want a building permit and your lot is no longer conforming.


Tom refers to what was discussed in the meeting of Feb 1.  Suggests a low threshold subdivision review process.  There would have to be some level of subdivision review.  The board would have to be assured that street construction standards are met.


Chip tells Matt that some engineer or surveyor would have to get involved to draw up plans of what the road is made of and elevations and sign off on it.


Ken recommends going for the entrance that serves the other 2 lots as well that comes off from Winchell Lane.  Each lot would need to have 250feet of road frontage.


As for the building permit for your mothers lot, before anything can be sent to the town attorney she needs to apply for a permit and we will send it to the attorney to determine which lot is considered the illegal lot, the “mother lot” in which the piece was taken from or the lot created at sale.


Chip suggests a notarized document from the person who built the road showing length and materials.


The board lists these items for Matt to bring to the Board:

Plot Plan

Deed description

Notarized documents from builder of the road

Boundary survey of whole property

List in writing the items in subdivision regulations that you are requesting a waiver on.



Tom asks if the CEO has received notification from Sebago Tech if the stormwater management at Eagles Trace has been completed as the board requested.  A letter has not been received.  Michelle will contact Shawn Frank and follow up on this.


Meeting adjourned 9:20pm