This is a summary of planning board discussions and documentation so far. This information is found on the City of Biddeford’s Planning Board page.

Upcoming Planning Board Meetings

Wednesday, September 7, 2022 | 6:00PM

Request for Final Approval

Past Planning Board Meetings

May 21, 2022 | 10:00 AM

Site Walk of the West Brook Subdivision for E & R Development, (Tax Map 8, Lots 3-1 & p/o 3) in the R1-A zone. Applicant to meet Board at the end of Winding Creek Lane.

• Chair Southwick began the meeting by reminding the Board and Public of Site Walk procedure.
• Applicant (Mike Eon) and his Agent (Bill Thompson of BH2M) then took the Board and public through the locus property.
• Risers with flags were pointed out showing center of road and lot corners. Unfortunately, not all monumentation could be shown due to risers being pulled and or moved by an unknown party.
• See attachments:
  • Attendance List
  • Deed, tax map & Vision Appraisal data handed out by abutters
  • Petition to stop West Brook handed out by abutters

See full meeting minutes

May 4, 2022

See Video and Agenda

Request for Preliminary Approval for E & R Development for the West Brook Subdivision located off Winding Creek Lane (Tax Map 8, Lot 3-1 & p/o 3) in the R1-A Zone.

Minutes

• Applicant: E & R Development Corp.
• Agent: William Thompson-BH2M
• Engineer/Surveyor: Robert Libby-BH2M PLS 2190
• Tax Map/Lot: Map 8, Lot 3-1 & p/o 3
• Zone: Residential 1A
• No overlay
• Defined Land Use: Currently wooded parcel with trails
• Application Type: Subdivision
• Application Status: Requesting Preliminary Approval
• Public comments will be accepted for this item.
• Mr. Di Matteo introduced the project
• Miss Bonine told the Board that all items in the completeness review have been satisfied. An I F & W review is not needed due to the study conducted by BRI.
• Representing the applicants are as follows:
  • Mike Eon President of E & R Development
  • Bill Thompson of BH2M
  • Chris McDonald of BH2M
• Mr. Eon spoke about the 60 acres E & R are giving the City and 40 acres from Dube with this project.
• He told the Board about the decision that the City would accept and maintain the open space.
• He went over some of the special notes on the plans Mr. Eon wanted to make sure the Board knew.
• Mr. McDonald talked about the hybrid sewer system being installed
• He talked about the under-drain storage filter for water in flooding situations.
• There are 2 stormwater pipes on the new road that will drain into swales.
• 75% of the road runoff will be treated and 50% of the runoff from the developed area will be treated. These are the treatment requirements mandated by DEP.
• Speaking from the public were as follows:
  • Richard Rhames-10 West Loop Road
  • Charlie Gould-22 Winding Creek Lane
• The Board asked about further wildlife studies through DEP & IF & W
• The Board would like reassurance between housing needs and a healthy eco system.
• Miss Bonine told the Board Items 4 & 5 discuss Maine DEP Site Location Permits, which seems to put the responsibility on the applicant. The City of Biddeford is a Delegated Review Authority to undertake a local review of projects such as this one. Since we are a dedicated local review authority, we would provide the proper paperwork to the DEP during and after the review process. At this time, the project does not rise to the level of a DEP-reviewed subdivision. A subdivision is defined for DEP review as follows, “subdivision is the division of a parcel of land into 15 or more lots to be offered sale or lease to the general public within any 5-year period if the aggregate land area includes more than 30 acres.” Currently, this project does have more than 15 lots but is only 8.3 acres in size. If and when this project hits the 30-acre threshold, DEP review will kick in.
• One of the Board members requested a site walk of the locus property.
• He also asked about whether we would be barred or not from getting a wildlife opinion from DEP, IF&W, or a third party.
• MOTIONS: 7:57
  • Benway-Motion- Motion to approve the Preliminary Subdivision for E&R Development located off Winding Creek Lane conditioned on the applicant addressing all Staff and Planning Board comments (with the exception of comment #1 pertaining to duplexes and condominiums) in its Final Application submission.
  • Cantara-Second
  • Chair Southwick-Roll Call for Vote-Motion Passed, 4-0 (Benway, Tarpey, Plotkin & Cantara)

See full meeting minutes

Documents

• West Brook Subdivision Preliminary Plan
• Packet Letters
• Tom Saucier Comments
• Initial Comment Responses

December 1, 2021

See Video and Agenda

West Brook Subdivision (Winding Creek Lane extension) - Presentation by Biodiversity Research Institute (BRI) of the Wildlife Study conducted for E&R Development (Tax Map 8, Lots 3-1 & 3).

Minutes

• Mr. Tansley spoke about the project and reminded the Board and audience why this study was performed.
• Steve Knapp from Biodiversity Research Institute (BRI) presented the study.
• The fieldwork was done in July & August of 2021 on 3 separate visits.
• BRI also did research of the site through Inland Fisheries & Wildlife (IFW).
• Mr. Knapp stressed what a unique site this is as it is surrounded by an urban area and contains “high quality” habitat.
• Mr. Knapp spoke of the streams, pocket swamps, Blandings & Spotted Turtles.

See full meeting minutes

Documents

• Biodiversity Research Institute Final Report

June 16, 2021

See Video and Agenda

Authorization of a 3rd Party Independent Wildlife Analysis for E & R DevelopmentCorp. related to an 18-Lot residential development proposal to extend Winding Creek Lane (Tax Map 8,Lot 3-1 & Portion of Lot 3) in the R-1-A Zone.

• Planner Greg Tansley updated and explained the Wildlife Analysis. He spoke about the criteria and procedure for finding a company for the work. He also explained some of the concerns of the applicant.
• The following members of the public commented:
  • Charlie Gould: 22 Winding Creek Lane
  • Meaghan Daley: 16 Pinewood Circle
• Mike Eon spoke as applicant
• MOTIONS: 6:48
  • Benway-Motion- Per Chapter 66, Section 38 Biddeford Code of Ordinances the applicant shall submit a sum of $7,450.00 in escrow for an independent Wildlife Analysis to be conducted by Biodiversity Research Institute (BRI) as provided in the Scope of Work presented to the Planning Board in its packet for June 16, 2021.
    • Angers-Second
    • Chair Southwick-Roll Call for Vote-Motion Passed, Unanimous Approval 4-0 (Droggitis, Tarpey, Angers & Benway)

March 17, 2021

See Video and Agenda

Conceptual Subdivision Review submission for E & R Development Corp. to construct an 18-lot residential subdivision project to be accessed through Winding Creek Lane (Tax Map 8, Lot 3-1 & Portion of Lot 3) in the R1-A Zone.

• Consulting Planner DiMatteo introduced the project.
• Mike Eon of E & R Development talked about the project showing a plan of land he owns.
• Bill Thompson from BH2M represented the applicant also. They have submitted a sketch plan for an 18-lot residential subdivision. The property is on public water & sewer.
• Chair Southwick took comments/questions from the public.
• Bill DeLong of 55 Parkside asked would this conveyance of land to the City happen before this project.
• Chris Quint of 33 Winding Creek Lane moved here in 2015 and has been very happy but this new plan diminishes his happiness. Studies proposed in the staff report are warranted and should be required. He does not feel this is the original purpose of Clifford Park and to remove even 100’ of this park is a travesty. He is also the chair of the HOA for Winding Creek Lane. They have 4 filter beds on the south side of the street. The neighborhood formed an HOA with bi-laws and covenants for the sole purpose of taking care of the filter beds. They pay dues to maintain those filter beds. With the extension of Winding Creek Lane, will the new subdivision be required to have filter beds? Will they be required to form their own HOA or join the existing HOA? If they join the HOA what are the requirements for dues regarding those filter beds. If there are no filter beds proposed, he wants to know why. He encourages the Board to think long and hard about this as he does not think this is the right way to go.
• Kory White of 4 DuPont Road also runs Gorham Bike and Ski. He is concerned about the orange trail being blockaded as shown on the plans. How can they get around that?
• Marty Grohman of 9 Lisa Lane feels it is remarkable how valuable recreation has become. The usage of the park has tripled and it is a Godsend. Recreation and access are very valuable. He would like to see the building be in harmony with the land. Give much thought and consideration to laying this out. He appreciates Mr. Eon for letting the public use his land for years.
• Lisa Edstrom of 32 Greenfield Lane uses the park every day. She loves walking the perimeter, which includes the orange trail, and she does not want to lose it. She hears barn owls a lot as she is walking Blanding’s Way. She appreciates that there is going to be a wildlife study, but she worries about the wildlife.
• Grace Glynn is a biologist and completed the natural resources survey and vernal pool study in the park last spring. She is concerned about this proposal. Functionally this development would cut off the wildlife block from Clifford Park. This area is remarkable in that they have several rare species of wildlife. They have Blanding’s turtles, wood turtles, and spotted turtles, the biologists think the spotted turtle is moving back and forth across Clifford. The bottleneck becomes too small and the species cannot survive. She does not think this area of the park is a wise one to lose. Fragmentation is threatening the landscape. Biddeford needs to think about what side of conservation they want. She appreciates people being open to this discussion. She grew up playing in this park. She appreciates being given the chance to give input.
• Catherine Glynn of 179 Hill Street is one of the founding members of Friends of Clifford Park for Heart of Biddeford in 2014. They have worked hard maintaining the park, they have replaced the chain link fence, volunteers have picked up trash, tours are given, they lead hikes, have yearly clean-ups, planted a perennial bed, and raised money for snow grooming equipment for HOB. This is a heavily used 140-acre forest in the middle of the City. The history of the Clifford, Bouton & Freeman families who donated the land to create this park needs to be taken into consideration. The plan needs to be approached carefully, especially with the orange trail. This area was studied for vernal pools and animals. 200’ is a teeny space for animals. She encourages the City to build upon the work that has been done by Grace and Mark Ward.
• Lynda Turgeon of 28 Winding Creek Lane wants to make sure the protected lady slippers that grow wild in the park are not disturbed. She is also concerned about the traffic. This has been a nice little dead-end neighborhood with a lot of children out playing. Making this a throughway and/or increasing traffic can be a problem.
• Eric Gates of 25 Winding Creek Lane appreciates all the work that is being done and wants to make sure it is done smartly together. Mr. Thompson mentioned that there would be 1 filter bed for 18 units. It boggles his mind how 1 filter bed would be enough when their 15-unit subdivision needed 4. He looks forward to watching and participating in future sessions to ensure smart growth.
• Chystina Gastelum of Pike Street also the Chair of the Conservation Commission said they have worked with Grace on some projects so she is pretty familiar with the environmental needs of the area. One thing she has learned through working with Mark Ward is about wildlife corridors. She thinks there may be some misunderstanding of what is happening. If they look at the maps there is development coming in from the north and the south around the West Brook. There is a nice wide area for the wildlife. It will now have to go through a winding corridor where there may be predators, cars, etc. That is one of the major problems with the corridor that they see.
• Richard Rhames is on the Conservation Commission, they have not taken this up specifically, so he is speaking as a tree hugger. Getting more land into conservation is always a good thing. He was very impressed by Mr. DiMatteo’s report which suggested the applicant give several scenarios for consideration. We have heard several people testify that further construction would be detrimental to the wildlife in the area. This is one of the few statewide focus areas, and there are not many of these focus areas in the state. It is a state focus area because it is very unique. In the last Comp Plan in the 90s that area was supposed to be changed to a rural zone with a mandatory cluster but that was not done. Inland Fisheries & Wildlife did a study in that area and counted Blanding and spotted turtles, 20 years later there was only 1 Blanding turtle counted. The population is under stress and this construction may push it to extinction. Adding more trails pushes the critters 400 feet off the trails because they get scared by dogs, hikers, etc. Can recreational trails and wildlife coexist? Have the Planning Board hire outside wildlife consultants but the developer pay. There is a hotbed of wildlife out there.
• Carrie Cote of Winding Creek Lane wanted to say she echoes what all of her neighbors have said. She supports Chris Quint’s concern about the filter bed and feels strongly about the conservation piece. She questions the use of filter beds in this plan, they have read studies and listened to the engineers, and these filter beds have a shelf life. The HOA is very serious about the maintenance of these pieces of equipment and is closely monitored for this 15-house subdivision. They have put aside funds in case something breaks if this project is added onto their filter beds it will shorten their shelf life. How will this affect their subdivision? She is concerned, it weighs on her mind and it should weigh on others’ minds as well. 1 filter bed is not enough for the proposed 18 units. Will the roads have to be widened, sidewalks added? How is this going to impact traffic, what types of houses are going in there, will they be single family, what is the cost, what is the lot size, and what kind of neighborhood will this be?
• Chris Gould of 22 Winding Creek Lane thanked all for their attendance and work. He thinks the land swap is not a bad idea. He shares the concerns of the landowners for the animals and wonders if a cluster development would work with a smaller footprint affecting less of the park. He is wary of blasting and the effect it will have on the foundations in the area.
• Planner Tansley spoke suggesting they discuss the questions and put the responses on the website, he has some research to do.
• Mr. Eon wants transparency. This subdivision will have its own HOA and meet the requirements of DEP on the filters. They will be independent of the existing neighborhood and the stormwater will be reviewed annually with a report going to City Hall Engineering. The Orange Trail is 10’ wide and going to be the same. He will get together with the neighbors and talk about his plans. The land is in a growth area and the traffic should not be an issue. He feels that Mark Ward who is the guru of the Conservation Commission and Grace Glynn who also has a lot of background with the Conservation Commission should not be working for the City on his project, as it would not be a level playing field. He has looked at cluster development and he would still need 100’ of frontage. The houses will be similar to those on Winding Creek Lane but smaller than what is there now and relatively modest. He is sensitive to the wildlife but this is a growth area and he has a right to use the land he has owned for 30 years. He has sat down with public works and the fire department. He will pay for a wildlife study from an outside source.
• Planner Tansley told the Board that if they want to require a wildlife study the staff will get estimates and the Board will authorize the study. We will collect the fee from the applicant and put it in escrow to pay for the study.
• Mr. Benway asked if this would be 2 motions, 1 for the wildlife habitat study and 1 for a major or minor subdivision.
• Planner Tansley replied that this is a major subdivision by definition so you have to make a motion, the other motion would be to require a wildlife habitat study and think about whether you want to ask the applicant to provide alternative designs if so, it would be 3 motions.
• Mr. Cantara commented that he strongly supports the wildlife study of animals and plants. He would also like to see 2 cluster proposals given the sensitivity of the area; smaller lots give something to think about. He would like future plans to reflect trail easements and any lot trails. He commented that everyone who spoke was reasonable and thoughtful and he appreciates that.
• MOTIONS:
  • Benway: Motion: to determine that this project is a major subdivision by proposing greater than 4 lots and to extend a public street.
  • Angers: Second
  • Chair Southwick-Roll Call for Vote-Unanimous Approval 4-0 (Benway, Droggitis, Angers, & Tarpey)
  • Benway: Motion: To require a wildlife habitat study
  • Angers: Second
  • Chair Southwick-Roll Call for Vote-Unanimous Approval 4-0 (Benway, Droggitis, Angers, & Tarpey)
  • Mr. Cantara asked if the Board could formally solicit the Conservation Commission for input in a month-forty five days, and the answer was yes
  • Benway: Motion: to require 2 cluster designs at the next submittal
  • Angers: Second
  • Chair Southwick-Roll Call for Vote-Unanimous Approval 4-0 (Benway, Droggitis, Angers, & Tarpey)
• Mr. Angers asked Mr. DiMatteo to explain some of the corridors in his packet.
• Mr. DiMatteo explained that figure 3 shows the corridor; he forgot to put figure 4 in the packet. There are known habitats in that area and they have to figure out the hotspots. He suggests the applicant wait for the study to come back before he begins the cluster designs.
• Mr. Eon said that where the study is and where he is building are two distinct projects. He wants to sit down to discuss cluster designs. He asked when the staff gets the two or three names for wildlife study if they would include GZA; he has worked with them before. He does not want to wait 2 months to get started he wants to move along.

See full meeting minutes

Documents

• Application Package
• Sketch Plan
• Board Report

October 20, 2020: City Council

See Video and Agenda

Authorization/Clifford Park Land Conveyance

• 2020.100 IN BOARD OF CITY COUNCIL..OCTOBER 20, 2020
  • BE IT ORDERED, that the City Council of the City of Biddeford does hereby authorize the City Manager to execute a land conveyance agreement with E & R Development Corporation (or official designee) where, in exchange for the City’s conveyance of approximately 4.2+- acres, E & R Development will convey to the City 60+- acres in accordance with the attached plan titled, “Proposed Land Conveyances”.
  • BE IT FURTHER ORDERED, that the City Council of the City of Biddeford does hereby authorize the City Manager to execute and accept a land conveyance agreement with Mr. Gervais Dube (or official designee) where, Mr. Dube shall convey to the City 42.7+- acres in accordance with the attached plan titled, “Proposed Land Conveyances” in exchange for the cost of a property appraisal.
  • Funding for this project (property appraisal) shall be 22002-60463 Park Improvements.
  • NOTE: This item will be considered at the October 20, 2020 Finance Committee meeting.
  • Motion by Councilor McCurry, seconded by Councilor Lessard to grant the order.
  • Vote: Unanimous.

See full meeting minutes

Documents

• Clifford Park Land Conveyance-ORDER
• 10-20-2020 Clifford Park Land Conveyance-MEMO
• 10-20-2020 Clifford Park Land Conveyance-MAP

October 20, 2020: Finance Committee

See Video and Agenda

Recommendation/Clifford Park Land Conveyance Motion by Councilor

• Ready to recommend the Clifford Park land conveyance with E & R Development Corporation, seconded by Councilor St. Cyr. Discussion:
• Mr. Eon presented the item.
• Vote: unanimous.
• Motion carries 4-0.

See full meetings minutes