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Fairway View Village final plan received; applicants say DEP in-lieu fee and escrow could allow occupancies
Summary
Applicants told the board they plan to use an in-lieu fee program for wetland impacts and proposed a town-held cash escrow to secure occupancies while DEP processes violations; staff urged written DEP commitments before adjusting occupancy thresholds.
The Planning Board received a final subdivision application for Fairway View Village and spent extended time on wetland impacts and unresolved DEP matters.
Ken Wood of Adder Engineering and Walter Woods (New York Building Design) described additional wetland impacts and said the team has discussed a minor revision and the DEP in-lieu fee program to compensate for impacts. Wood referenced the impacted area on the plans and estimated "I think it was 66,700 square feet" in one of his descriptions of areas discussed, and said the applicant intends to use the in-lieu fee program to pay per-square-foot compensation to Maine DEP.
Walter Woods told the board he was willing to keep a cash escrow with the town to secure occupancies until DEP concerns are resolved: "We'll leave 1 occupancy out there until everything is resolved... and keep that cash escrow within the town to make sure that in lieu fee was taken care of," he said. Staff cautioned that the town should not be left holding performance guarantees if DEP takes an extended time to resolve violations; a board member asked for definitive, written responses from DEP describing remediation, penalty amounts and timeframes before changing occupancy thresholds.
Why it matters: The application involves wetland impacts that trigger state oversight; the board must balance the applicant's request for relief and occupancies against the town's exposure if state approvals are delayed. Applicants say they have reduced impacts substantially and are seeking clarity from DEP on the minor revision and mitigation approach.
Next steps: Applicants will submit the minor revision materials, DEP forms and the in-lieu fee documentation; the board will expect written confirmation from DEP before making a final occupancy determination.
