Town Council Minutes 3/22/2004

MINUTES
                            CUMBERLAND TOWN COUNCIL MEETING
                                     Town Council Chamber - 290 Tuttle Road
                                           Monday, March 22, 2004

                                      7:00 p.m.  Call To Order


I.      APPROVAL OF MINUTES

a)      March 8, 2004

II.     PUBLIC DISCUSSION
               

III.    LEGISLATION AND POLICY

04  026.       To consider and act on a tax abatement request by Francis Small, President,
               Cumberland Farmers Club, in the amount of $128 for an abandoned house
               Trailer located at Map R7, Lot 8T2.
               

               

04  027.       To hold a public hearing to consider the transfer of town-owned property to
               Habitat for Humanity for the construction of affordable housing.

        Comments received during the public hearing centered on the issue of wells, open space and timing.  Mr. Bingham noted There isnt a project that has been proposed over the last number of years that hasnt raised concerns on the part of adjacent neighbors&there is a way to get this project done and at the same time address the most serious concerns of the neighbors. The ability to review a project, particularly at the Planning Board level at the current technical capacity of this community is such that any wells or any impacts by three lots in that area will not negatively impact anybody else expressed Mr. Vail. I witness a fear of change and to that I will say, nothing is as it was, nothing will stay the way it was. The only constant in life is change, and our success as a community depends on our ability to adapt to it, added Mr. Perfetti.

Simonds, 269 Bruce Hill Road, Mike Frost, Greely Road Extension, Joanne Jordan, Sawyer Road, Barbara Frost, Frost Ridge Drive, Marge Hansel, Greely Road Extension, Leann Gemfner, Greely Road Extension, Jackie Ruda, Bruce Hill Road, Waldrud Herman, Greely Road Extension.  Comments included:  Were not here to debate who is using the land, who would inhabit the land; we are here to debate development and not-development&we support affordable housing, it is this particular site and the development of it that were against explained Turina Higgins.  As a spokesperson for the group, she added To us&the development of this land at the end Greely Road contradicts this ongoing recommended action. Weve already&written checks&for 2.6 million dollars, we already own this land, and to invest any more to develop this particular thing and take away from the town&were against as a group. She articulated the following items as acceptable resolutions of abutters as presented:
§       Relocate the proposed development project to a more suitable site
§       Wait for five years for the deed to another potential property
§       Conduct an in depth study of the land and water supply at the proposed site and share results with            abutters
§       Provide assurances to the abutters that their current water supply will not be negatively impacted
§       Ensure that any remains of historical nature are not further eroded by this development
§       
The following are comments articulated as part of the respective councilors individual statements.
        
        Councilor Moriartys concerns mirrored several of those mentioned this evening:  quality of area; relative isolation, and beauty of the hilltop. I think some modest home construction at the base of the hill would not impugn the value of all of those natural assets as they are now.  

1.      From two parcels of town-owned land, totaling approximately 7.5 acres, situated at the end of Greely Road
        Extension, the town agrees to transfer a lot of sufficient size for the construction of a single family
        residence,
2.      The residence to be constructed should be a single story ranch style home approximately 28 feet by 40  feet in size,
3.      In the event the Habitat for Humanity determines that the home can not be constructed, or declines to
        construct the home, the transferred lot shall revert back to the Town of Cumberland,
4.      Within its income criteria, Habitat shall place within its home to be constructed, a family with a member      who is born or raised in Cumberland, or a family with a member currently employed by the Town of
        Cumberland or SAD 51 or a family with a member having other family members currently residing in
        Cumberland,
5.      No more than one additional single family residence can be constructed on the remaining acreage of the
        town-owned property at the end of Greely Road Extension, and
6.      No consideration can be given to the construction of an additional single family residence on the
        town-owned property at the end of Greely Road Extension until at least three years have passed from the
        date of transfer of the initial parcel.

comments regarding perpetual easements.  Upon further consideration, he has determined he does not support that because if the hilltop and the hillside are developed or sold by the owner for development, then the remaining acreage at the bottom of the hill will not have much value for the entire town.  However, if the town had the opportunity to purchase the hilltop property in the future, he would support placing the entire property, at the top and bottom of the hill, in some sort of conservation easement.  At this time, it would be irresponsible to enact a perpetual easement.

1.      From two parcels of town-owned land, totaling approximately 7.5 acres, situated at the end of Greely Road
        Extension, the town agrees to transfer a lot of sufficient size for the construction of a single family
        residence,
2.      The residence to be constructed should be a single story ranch style home approximately 28 feet by 40
        feet in size,
3.      In the event the Habitat for Humanity determines that the home can not be constructed, or declines to
        construct the home, the transferred lot shall

4.      Within its income criteria, Habitat shall place within its home to be constructed, a family with a member      who is born or raised in Cumberland, or a family with a member currently employed by the Town of
        Cumberland or SAD 51 or a family with a member having other family members currently residing in
        Cumberland,
5.      No more than one additional single family residence can be constructed on the remaining acreage of the
         town-owned property at the end of Greely Road Extension, and
6.      No consideration can be given to the construction of an additional single family residence on the
        town-owned property at the end of Greely Road Extension until at least three years have passed from the
        date of transfer of the initial parcel.

        Chairman Porter clarified that the limit to the number of homes to be built o that site is determined by the current zoning.  The maximum number of homes that the property could house would be three.  Councilor Damon also clarified that the decision to build a second or third home would be determined with a future vote at a future time.

04  028.       To accept Rescue Chief Chris Bolducs Emergency Operations Plan as
               required by the Federal Emergency Management Agency (FEMA).

04  029.       To consider and act on a request for a six-month extension by Peter
               Kennedy to the Contract Zone for the Cumberland Foreside Village
               Subdivision, a/k/a Heritage Village Subdivision.
        
        Manager Shane stated that Peter Kennedy has requested a six-month extension due to the costs of development and infrastructure that have caused him to redesign his project, necessitating the extension.  Mr. Shane noted that the project is still viable and recommends approval.

               
04  030.       To set a public hearing date to consider and act on a 17% increase to the
               sewer rates, effective July 1, 2004.
        
        Manager Shane stated that staff recommends a date of April 12^th on which to hold this hearing. He also noted that the increase is due in large part to the construction to take place at the Falmouth Treatment plant as required by the DEP and EPA. Councilor Moriarty suggested that a mailing to sewer users would be in order for advanced notice of the public hearing. Manager Shane and Chairman Porter agreed.

04  031.       To set a date to hold a public hearing on Chebeague Island to consider rates
               and fees for the new wave break and float system at Stone Wharf.

04  032.       To set a public hearing date to consider and act on a Resturant/Lounge
               (Class XI) Liquor License for the Chebeague Island Inn.

04  033.       To set a public hearing date to consider and act on a Mass Gathering permit
               for the 25^th Annual Bonny Eagle Car Show, to be held at the Cumberland
               Fairgrounds, May 15 and 16, 2004.

04  034.       To acknowledge a gift of a house located at 85 John Small Road, Chebeague
               Island, for use in fire training.

04  035.       To set Budget Workshop dates.

        Motion by Budget Chairman/Councilor Stiles to set the dates as Saturday,

04  036.       To consider an emergency moratorium on wharf construction on Chebeague Island.

        Manager Shane stated Town Attorney advises the Council not institute a moratorium, but rather refer the matter to the Zoning and Planning Board with a time specific date of return regarding the impacts felt by wharf construction on Chebeague Island both environmentally and aesthetically.

IV.     NEW BUSINESS

Councilor Damon- Stated that a resident contacted her recently regarding some stones that had been removed from the Stone Wharf.  She heard that one stone was given to the Historical Society, and others have been distributed to private individuals for use in moorings. She requested that Manager Shane investigate the situation.  
Councilor Storey  Questioned the necessity of the following evenings budget meeting, due to the late hour in which this council meeting concluded. Manager Shane responded that Susan McGinty would be present to discuss RWS and the budget meeting would follow, so canceling would not be an option.
Councilor Kuntz  None
Chairman Porter  Suggested that the council arrive on Chebeague Island early on April 5 in order to tour town-owned properties.
Councilor Moriarty  Discussed the Brown Tail Moth situation, asking the Town Manager to provide the aerial map at the meeting and discuss spraying options in his report.  Councilor Damon requested that someone pass the Brown Tail Moth information along to Beverly Johnson so that it may be added to the Chebeague Website.
Councilor Stiles- reminded the council members of a meeting with Susan McGinty directly preceding the budget meeting to be held at 7:00 P.M. He also requested a discussion regarding the materials from Prock Marine that were included in the council packets. Manager Shane responded by stating that the CTC ferry has been involved in two accidents, one on the Cousins Island side that damaged the Yarmouth Pier and another on the Stone Wharf side damaging the Float. He has contacted Doug Clark to discuss these issues and possible long term solutions in order to prevent these incidents from happening again.

Councilor Savasuk  None


V. MANAGERS REPORT

        Manager Shane commented on the Fire Departments annual banquet which he attended along with his wife and Chairman Porter, Councilor Moriarty and their respective wives. He also noted that he was joined by Councilors Moriarty and Damon to view the play Tom Jones at Greely High School.

Respectfully submitted,

Nadeen Daniels, CMC
Town Clerk