From: 	Danielle West-Chuhta (Danielle West-Chuhta)
To:	Jean Fraser
CC:	Barbara Barhydt
Date: 	2/28/2013 10:24 AM
Subject: 	Re: Review of Plat for 1062 Ocean 16 lot SubDiv 

Jean:
 
I have discussed the issue regarding an agreement internally with my staff and we all think that the note on the plat (suggested by the Falmouth attorney) is sufficient to cover us (since they are going to deed the entire road to us, the road will be built to City standards and all departments have indicated that the proposal is acceptable).  The only issue that came up is that we would not want to be taxed on this land in Falmouth (by the Town).  This may be something I need to speak with the attorney about, but I do not think that this has to happen before the plat is signed.  My only concern about the plat is the reference to all of the easements and areas for drainage, etc. - they do not indicate who they are to be maintained by, etc.  I think that a note needs to specify that they will not be maintained by the City.  Finally, I would suggest that the following conditions of approval be placed on the plat: notes iii through the end of the list.
 
Thanks,

Danielle

>>> Jean Fraser 2/27/2013 2:20 PM >>>
Danielle,
 
Last night the PB approved this subdivision with the conditions as listed below.  I attach the draft plat -  its 2 pages with first page "surveying" info and the second page "development and restrictions".  [I have large paper set which I can bring down for a brief discussion if you would prefer, or I can send]
 
I also attach the last-minute ADDENDUM I presented to the Board with the additional condition (and need for it) which we agreed yesterday- its #ii in the list below.
 
The applicant would like to have the Portland PB sign the Plat at the 3.28.13 PB meeting so they can have Falmouth PB members sign it on April 2nd which they typically do at the hearing.  The applicant wants to record the plat asap after that and start on site asap.
 
I am meeting with the applicant this Friday at 10am to advise them as to what they need to do (by when) to get the plat signed in this time table.  
 
It would help me to advise them appropriately if you could comment re the following:
 
1.  How soon would you, together with the Falmouth attorney, be able to determine what agreement or other legal mechanism you want to put in place re the first 100 feet of the new street which is in Falmouth?  Bearing mind that NONE of the new house lots are in Falmouth-  just an existing house lot (Lot #13) which retains its Falmouth driveway and address, and this 100 linear feet of the street starting from Ledgewood Dr., and Lot #15 which is stormwater maintenance and needs a 3 way easement/agreement in any case.
 
2.  Does the action agreed as per 1. above need to be done before the plat is signed and recorded or is there some way it can be referenced on the plat without being completed?
 
3.  Are you OK with the note requested by the Falmouth attorney to be added to the plat (quoted below):   
“The Town of Falmouth is not accepting Ice Pond Drive as a public street. The Town of Falmouth shall have no obligation to repair, maintain, or plow Ice Pond Drive.”
4.  Could you advise as to which of these approved conditions need to be listed on the Plat?
5.  Do you have any specific detailed comments on the plat?
Many thanks
Jean
 
CONDITIONS AS APPROVED BY PB 2.26.2013:

     i.             That the Subdivision Plat shall be finalized to the satisfaction of the Planning Authority, Department of Public Services and Corporation Counsel and include references to stormwater management, easements, buffer and treesave markers, street trees, Homeowners Association documents, status of Lot #14, septic system locations, and relevant conditions; and
      ii.           That the applicant shall add notes to the subdivision plat and obtain such other legal agreements as are necessary, subject to the review and approval of Corporation Counsel, to ensure that the agreed public access, road maintenance and emergency response responsibilities associated with the subdivision development are permanently documented.
 
    iii.           That the applicant shall convey the fee interest for the new street to the City of Portland, including the section within the Town of Falmouth, as part of the process for City acceptance of the street; and

      iv.           That the following shall be finalized to the satisfaction of the Corporation Counsel, Department of Public Services and the Planning Authority prior to the release of the signed subdivision plat:
a        Public access easement for the trail/walkway between the Ice Pond Drive ROW and the Falmouth boundary (Falmouth Land Trust land);
b        Stormwater maintenance agreements/easements for Lots #9 and #15;  these are Homeowners Association; responsibility but with rights of access for Portland re lot #9 and both municipalities re Lot #15;
c        Other easements as indicated on the Plat in Plans 5 and 6;
d        Interim public access easement along Ice Pond Drive as soon as practical until it is accepted;
e        Homeowner Association Documents;
f         Individual lot deed final generic wording, including stormwater language as suggested in the Memo from David Senus of Woodard & Curran dated 2.20.2013.
 
    v.           That the applicant shall construct a crosswalk across Ledgewood Drive as shown in the approved plans prior to the first CO for a single family home on Ice Pond Drive, including the installation of crosswalk warning signs complying with the MUTCD; and
 
   vi.           That the signs and markers, including materials, wording and location, that delineate the location and restrictions of wetland and stormwater buffers and treesave areas be called out on Plans 6 and 7 more clearly and installed as part of the Ice Pond Drive street construction; and
 
 vii.           The developer/contractor/subcontractor must comply with conditions of the construction stormwater management plan and sediment and erosion control plan based on City standards and state guidelines.
The owner/operator of the approved stormwater management system and all assigns shall comply with the conditions of Chapter 32 Stormwater including Article III, Post Construction Stormwater Management, which specifies the annual inspections and reporting requirements.
A maintenance agreement for the stormwater drainage system, as included in Attachment 1of the approval letter, or in substantially the same form with any changes to be approved by Corporation Counsel,  shall be submitted and signed prior to the issuance of a Certificate of Occupancy with a copy to the Department of Public Services.           
 
    viii.     That the applicant shall show evidence that the terms of the agreement with the Falmouth Land Trust dated 2.20.2013 regarding the trail connections have been met in full, and that the details of the trail within the site be submitted to the Planning Authority for review and approval, both prior to the release of the signed Subdivision Plat.