re: broad cove farms meeting house farms road …27541806...jan 13, 2021  · 217 commercial street,...

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_____________________________________________________________________________________________ 217 Commercial Street, Suite 200 Portland, Maine 04101 v.207.772.1552 f.207.772.0712 www.carroll-assoc.com January 13, 2021 Mr. Alex Jaegerman, Director of Planning and Development Town of Yarmouth 200 Main Street Yarmouth, ME 04096 RE: Broad Cove Farms Meeting House Farms Road Subdivision Alteration Application Dear Alex and members of the Planning Board, On behalf of Broad Cove Farms in Yarmouth, LLC we are pleased to submit this application for Subdivision Alteration Review of the existing subdivision (originally approved in April 2019 and Amended in October 2020) located on Gilman Road + Meeting House Farms Road (tax map 4, lots 10+11). This application involves only lots 7+8 of the subdivision and Meeting House Farms Road. The original subdivision plan was approved by the Board in April of 2019 (recorded at the Registry of Deeds on June 28, 2019) and then amended/approved from 9 lots down to 6 lots in October of 2020 (recorded at the Registry of Deeds on November 20, 2020). Currently Lot 8 (Myers) is served by an older water line that runs across land of others (within an existing easement) from Lafayette Street. The currently undeveloped Lot 7 was approved to be served by a private well. As things have developed it has been determined by the owner’s that a new Yarmouth Water District main serving both Lots 7+8 would be better for a multitude of reasons, including to eliminate the requirement for sprinklers in houses on Lots 7+8. This alteration to the subdivision consists solely of the addition of a water main down Meeting House Farms Road to serve both Lots 7+8 and the installation of a hydrant. The main will fall within a 30’ easement to the Yarmouth Water District located over a portion of Meeting House Farms Road and Lot 9. Our engineer has been working with the Yarmouth Water District on a plan to satisfy the requirements of the District, Town and owner’s. The design and easement are shown on the enclosed revised plans (C2.0, C3.1 C3.2).

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Page 1: RE: Broad Cove Farms Meeting House Farms Road …27541806...Jan 13, 2021  · 217 Commercial Street, Suite 200 Portland, Maine 04101 v.207.772.1552 f.207.772.0712 . January 13, 2021

_____________________________________________________________________________________________ 217 Commercial Street, Suite 200 Portland, Maine 04101 v.207.772.1552 f.207.772.0712 www.carroll-assoc.com

January 13, 2021

Mr. Alex Jaegerman, Director of Planning and Development Town of Yarmouth 200 Main Street Yarmouth, ME 04096

RE: Broad Cove Farms Meeting House Farms Road

Subdivision Alteration Application

Dear Alex and members of the Planning Board, On behalf of Broad Cove Farms in Yarmouth, LLC we are pleased to submit this application for Subdivision Alteration Review of the existing subdivision (originally approved in April 2019 and Amended in October 2020) located on Gilman Road + Meeting House Farms Road (tax map 4, lots 10+11). This application involves only lots 7+8 of the subdivision and Meeting House Farms Road. The original subdivision plan was approved by the Board in April of 2019 (recorded at the Registry of Deeds on June 28, 2019) and then amended/approved from 9 lots down to 6 lots in October of 2020 (recorded at the Registry of Deeds on November 20, 2020). Currently Lot 8 (Myers) is served by an older water line that runs across land of others (within an existing easement) from Lafayette Street. The currently undeveloped Lot 7 was approved to be served by a private well. As things have developed it has been determined by the owner’s that a new Yarmouth Water District main serving both Lots 7+8 would be better for a multitude of reasons, including to eliminate the requirement for sprinklers in houses on Lots 7+8. This alteration to the subdivision consists solely of the addition of a water main down Meeting House Farms Road to serve both Lots 7+8 and the installation of a hydrant. The main will fall within a 30’ easement to the Yarmouth Water District located over a portion of Meeting House Farms Road and Lot 9. Our engineer has been working with the Yarmouth Water District on a plan to satisfy the requirements of the District, Town and owner’s. The design and easement are shown on the enclosed revised plans (C2.0, C3.1 C3.2).

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Broad Cove Farms Subdivision Alteration Application Review January 13, 2021 Page 2

This submission consists of the following: Documents (14 copies and 1 pdf copy)

• Letter of Authorization • Alteration Subdivision Application • Exhibits #2, 6 + 10 • Application Fee $100

Plans (5 sets of relevant plans @ 24”x36” + 9 sets @ 11”x17” + 1 pdf copy) • Town approved / recorded Subdivision Plan (October 2020) • Proposed Alteration Subdivision Plan (1/13/2021) • Drawings C3.1 and C3.2 (dated 1/12/21), Plan and Profile of Meeting House Farms Road

We look forward to meeting with you and the Planning Board at the February 10th meeting to present the Subdivision Alteration. Please contact me if you need any additional information. Sincerely, CARROLL ASSOCIATES

Matthew A. Phillips Maine Licensed Landscape Architect Enc.

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Revised 1-28-2019 aqj 1 Applicant Initials____

TOWN OF YARMOUTH Department of Planning and Development 200 Main Street Yarmouth, Maine 04096

(207)846-2401 WWW.YARMOUTH.ME.US Fax: (207)846-2438

SUBDIVISION PLANNING BOARD ALTERATION APPLICATION FORM

Date: _________ Zoning District________ Map ____Lot____Ext_____Fee Paid________Fee: $100 per amended or revised lot; Department Noticing: $5.00 per addressee.Property Owner ____________________________________________________________ Applicant, if other ____________________________________________________________ Mailing Address ____________________________________________________________ E-mail Address ____________________________________________________________ Phone ________________________ Fax ________________________

Name of Subdivision _____________________________________________ Street Address _____________________________________________ Existing Use/# Lots ___ Proposed Use/# Lots _____________________________________________ Recording Book & Page _____________________________________________

The Town will correspond with only one contact person/agent for this project. Please provide the requested information regarding the contact person/agent.

Contact person/agent ____________________________________________ Mailing Address ____________________________________________ E-mail Address ____________________________________________ Phone(s) _____________ _____________________ Fax _____________

I certify that, to the best of my knowledge, all information provided in this application form and accompanying materials is true and accurate.

_________________________________________________________________ Signature of Owner/Applicant Date (If signed by Owner’s agent, provide written documentation of authority to act on behalf of applicant.)

“I authorize appropriate staff within the Yarmouth Planning Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to collect facts pertaining to my application.”

_________________________________________________________________ Print or type name and title of signer

.

JAN 2021LDR, SODRPD

Broad Cove Farms in Yarmouth, LLCsame as owner23 Gilman Road, Yarmouth, ME [email protected], [email protected], [email protected]

Broad Cove Farms23 Gilman Road6 lot subdivision6 lot subdivisionBook 220, page 419

Matthew A. Phillips217 Commercial Street, Suite 200, Portland, ME [email protected]

Matthew A. Phillips, Agent (Maine Licensed Landscape Architect)

MAP

4 10+11

01.13.2021

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Revised 1-28-2019 aqj 2 Applicant Initials____

1.

2. Existing zone(s) of the site________________________________________________________________Shoreland Overlay District ____ Yes ____ NoMobile Home Park Overlay ____ Yes ____ No

3. Total land area of site (all contiguous land in same ownership)________________________________________________________________

4. Proposed number of lots. ________

C. Attach as Exhibit #1 a map such as the Maine Atlas and Gazetteer map (cleanphotocopies are acceptable). Indicate the location of your project on map.

D. Construction sequence, as applicable

1. Estimated time of start of project ________Estimated time of completion of project ______________

2. Is this to be a phased project? Yes___ No___

3. Attach as Exhibit #2, if applicable, a construction schedule outlining theanticipated sequence of construction (beginning and completion) for the majoraspects of the proposed project, including roads, erosion control and drainagemeasures, structures, sewer and water lines, other utilities, paving, landscaping.

individual.

C. Attach as Exhibit #4 evidence of applicant's right, title, or interest in the site. Acomplete copy of the document must be provided; (financial information may be

1. PROJECT DESCRIPTION

A. On a separate sheet describe the overall project objectives and proposed uses ofproperty, including quantity and type of residential units (if any).

B. Project details

Assessor’s Map number(s)_____4 ____ Lot num ber(s) ____

LDR, SOD + RP

XX

See Subdivision Plan

No new lots - 6 existing

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summer 2021

X

2. RIGHT, TITLE, OR INTEREST

A. Name and mailing address of record owner of the site See above, previously submitted

___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Phone _____________ Fax ____________

B. Attach as Exhibit #3 evidence of corporate or partnership status, if applicant is not an

SeeExhibit #2

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naMAP

Add water main down Meeting House Farms. Lots 7+8 to connect.

10+11

winter/spring 2021

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Revised 1-28-2019 aqj 3 Applicant Initials____

redacted).

D. Attach as Exhibit #5 a copy of the current owner's existing deed for the site.

E. Attach as Exhibit #6 summary lists of all existing and all proposed easements orother burdens for this property. More detailed information may be required,depending on the particular circumstances of the site.

F. If a condominium, homeowners, or property owners association is or will beestablished, attach as Exhibit #7 the articles of incorporation, the Declaration ofCovenants and Responsibilities, and the existing/proposed by-laws of theorganization. If existing association, evidence of approval of proposed alteration byassociation.

G. Attach as Exhibit #8 a copy of the most recent approved and recorded subdivisionplat, showing date of recording, book, and page.

3. FINANCIAL CAPACITY

A. Estimated cost of the project (including land purchase and development costs)

B. Attach as Exhibit #9 evidence of your financial capacity to complete the proposeddevelopment. Submit one or more of the following (please check as appropriate):

_____ 1. A written statement from the applicant's bank or a certified publicaccountant who recently has audited the applicant's finances stating that the applicant has cash reserves in the amount of the estimated cost of the project and can devote those reserves to the project.

_____ 2. When the applicant will personally finance the development, provide evidence of availability of funds and evidence that the applicant can devote these funds to the project.

_____ 3. The most recent corporate annual report showing availability of sufficient funds to finance the development, together with a statement from the applicant that the funds are available and will be used for the proposed project.

_____ 4. A letter from a financial institution, governmental agency, or other funding agency which indicates a timely commitment to provide a specified amount of funds and the uses for which the funds may be utilized.

_____ 5. In cases where outside funding is required, but there can be no commitment of money until regulatory approvals are received, a formal letter of "intent to fund upon approval" from a funding institution.

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See attached Exhibit #6 and Subdivison Plan

See attached current Subdivision Plan recorded at CCRD on 11/20/2020

MAP

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Revised 1-28-2019 aqj 4 Applicant Initials____

4. TECHNICAL ABILITY

A. List all projects undertaken by the applicant within the last five years, beginning withthe most recent project:

B. Have done no prior projects ______

C. Attach as Exhibit #9 a list of all consultants retained for this proposed project, suchas engineers, architects, landscape architects, environmental consultants; and thosefirms or personnel who will be responsible for constructing, operating andmaintaining the project.

5. SUBDIVISION ALTERATION DRAWINGS, MAPS:A. Drawings

a. paper no larger than 24" x 36", with all drawings in a set the same sizeb. bound and folded no larger than 9" x 12", with project name shown on front face

of folded planc. number and date drawings, with space for revision datesd. scale of the drawings shall be between 1"=20' and 1"=50'e. show the entire parcel in single ownership, plus off-site easements

B. Title block shall include:a. identification of plan as “Alteration of Approved Subdivision Plan”b. name and address of projectc. name(s) and address (es) of site owner and of applicantd. name and address of plan designer(s)e. name/description of most recent subdivision subject to alteration, with book and

page of recording in Cumberland County Registry of Deeds f. Signature Block for approval by Town of Yarmouth, Planning Board (7 signature

lines) with date

C. Location map shall include:a. abutting property within one thousand feet of project boundariesb. outline of proposed projectc. zoning district(s) of abutting propertiesd. at least one street intersection

D. North arrow and scale.

E. General plan notes shall include:a. zoning district and list of applicable dimensional regulations comparing the

required and proposedb. net residential acreage calculationc. all requested waivers

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MAP

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Revised 1-28-2019 aqj 5 Applicant Initials____

F. Name, location, width of existing and proposed streets.

G. A Boundary Survey, Category 1, Condition 2, showing site boundaries, exactboundaries, dimensions and acreage of all lots, and a minimum of 3 granitemonuments at outside corners of the parcel.

H. Setbacks as required by zoning ordinance; zone line if site is transected by a zoneline or if zone line is within 30 feet of the boundaries of the site.

I. Existing and proposed contours at 2' intervals. Show l' contours and/or spotelevations if sufficient detail cannot be shown with 2' contours.

J. Location, dimensions, and total square-footage of existing and proposed buildings(existing buildings should be identified as such).

K. Names of abutting property owners and locations of buildings and curb cuts onabutting properties.

L. Locations and dimensions of parking areas, loading and unloading facilities,driveways, fire lanes, access points.

M. Location of all existing and proposed easements and rights-of-way, includingidentification of who has or will receive the easement.

N. Location, dimensions, materials of existing and proposed pedestrian access ways.

O. Location and size of existing and proposed utilities, both on-site and in adjoiningpublic ways. Location of nearest existing hydrant. Include installation details forproposed utilities, if applicable.

P. Construction drawings showing plans, profiles, cross-sections, and details ofappurtenances for sanitary sewer and storm drainage systems, if applicable.

Q. Location and description of existing natural features, such as wetlands, watercourses, marshes, rock outcroppings, stands of trees. Natural features to bepreserved must be identified on plan.

R. Grades, street profiles, typical cross-section, and specifications of proposed streetsand sidewalks, if applicable. These must meet the standards of Ch. 601, Article IV.

S. A description of any right-of-way, street, sidewalk, open space, or other area theapplicant proposes to designate as public.

T. Name, registration number, seal, and signature of all registered professionals(engineer, land surveyor, architect, landscape architect, etc.) who prepared the plan.

U. First floor finished floor elevation(s) for all proposed buildings.

MAP

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Revised 1-28-2019 aqj 6 Applicant Initials____

V. If project is within the RP district, extent of floodway and floodway fringe.

W. If project is within Shoreland Overlay District, show required setbacks.

The following submissions are required unless waived by the Director of Planning & Development: 6. WATER (if Alteration involves development)

Attach as Exhibit #10 written confirmation from the Yarmouth Water District that it can supplythe proposed development and that the proposed plan has been approved by the District. Ifthe applicant proposes a private supply, provide evidence that a sufficient and healthful watersupply is available for the proposed development.

7. TRAFFIC (if Alteration involves development)Attach as Exhibit #11 a written evaluation and demonstration of the adequacy and availabilityof adjacent streets to serve the proposed project. If you must submit a full traffic study toDEP, provide two (2) copies with this application.

8. SANITARY SEWERS AND STORM DRAINS (if Alteration involves development)A. Estimated sewage gallons per day for the completed project

_________________________________

B. Will this project generate industrial or non-sanitary waste that will enter the public seweror drains? No ___ Yes ___If yes, please describe proposed types and amounts

C. If a subsurface wastewater disposal system is proposed, provide evidence that itconforms to the requirements of the State Plumbing Code.

9. SURFACE DRAINAGE AND-RUNOFF, STORMWATER MANAGEMENT (if Alterationinvolves development)

A. Attach as Exhibit #12 a description of any problems of drainage or topography, or arepresentation that, in the opinion of the applicant, there are none.

B. Attach as Exhibit #13 a complete stormwater management plan, including drainagecalculations for pre- and post-development for 2 yr. and 25 yr. storm events, a drainageplan, and an assessment of any pollutants in the stormwater runoff, that meets therequirements of Chapter 601, Design Standards.

10. EROSION AND SEDIMENTATION CONTROL (if Alteration involves development)A. Attach as Exhibit #14 a written description of erosion and sedimentation control measures

to be used during and after construction of the proposed project.

B. Show on a plan the proposed location, type, and detail of erosion control devices, unlessthis information is included on a subdivision drawing.

11. SOILS (if Alteration involves development)A. Attach as Exhibit #15 a medium intensity soils classification report, including description

of soils and interpretation of engineering properties. Include geotechnical report, ifapplicable.

Previously submitted, no change

Previously submitted, no change

MAP

See attached Exhibit #10

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Revised 1-28-2019 aqj 7 Applicant Initials____

B. Show on a plan the existing soil conditions on the site, unless this information is includedon a subdivision drawing. Include wetlands delineation and report, if applicable.

MAP

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EXHIBITS

Broad Cove Farms Final Subdivision Review

2. Construction Schedule Start road + utility work late winter / spring of 2021 End road + utility work early summer of 2021 6. Easements

See Subdivision Plan for location Proposed 30’ Water Main Easement (to Yarmouth Water District) over a portion of Meeting House Farms Road and Lot 9. See enclosed draft of easement.

10. Water Supply See enclosed email from the Yarmouth Water District

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WATER MAIN EASEMENT DEED

TO YARMOUTH WATER DISTRICT

KNOW ALL PERSONS BY THESE PRESENTS, that, BROAD COVE FARMS IN

YARMOUTH, LLC, a Maine limited liability Company with a mailing address of 23 Gilman

Road, Yarmouth, Maine 04096 (“Broad Cove”), MARION S. LEITER and KARL S. LEITER

both having a mailing address of 23 Gilman Road, Yarmouth, Maine 04096 (collectively “Leiter”),

and NICOLA, INC., a Maine business corporation with a business mailing address of 463

Lafayette Street, Yarmouth, Maine 04096 (“Nicola”) (collectively the “Grantors”) for valuable

consideration paid, the receipt and sufficiency whereof is hereby acknowledged, do hereby

GRANT unto YARMOUTH WATER DISTRICT, a Maine quasi-municipal corporation with a

mailing address of PO Box 419, Yarmouth, Maine 04096 (the “Grantee”) an easement for the

transmission, distribution, and supply of water as further set forth herein and subject to the terms

hereof.

WHEREAS, Broad Cove is the Declarant of the Broad Cove Farms in Yarmouth

Subdivision situated in Town of Yarmouth, County of Cumberland and State of Maine (the

“Subdivision”) pursuant to the Declaration of Easements, Restrictions and Covenants for Broad

Cove Farms in Yarmouth Subdivision recorded in the Cumberland County Registry of Deeds in

Book 35760, Page 1, as may be amended (the “Declaration”), and is the owner of Lot 7 in the

Subdivision as shown on the plan entitled “Broad Cove Farms, Alteration of Approved

Subdivision Plan”, last revised January 13, 2021, recorded in the Cumberland County Registry of

Deeds in Plan Book ____, Page ____ (the “Plan”), pursuant to deed dated May 3, 2019, and

recorded in the Cumberland County Registry of Deeds in Book 35759, Page 92 (“Lot 7”);

WHEREAS, Nicola owns Lot 8 in the Subdivision as shown on the Plan pursuant to deed

dated January 8, 2021, and recorded in the Cumberland County Registry of Deeds in Book

________, Page ________ (“Lot 8”);

WHEREAS, Leiter owns Lot 9 in the Subdivision as shown on the Plan pursuant to the

following three (3) deeds: (1) deed dated June 28, 2019 and recorded in the Cumberland County

Registry of Deeds in Book 35759, Page 170; (2) deed dated June 28, 2019 and recorded in said

Registry of Deeds in Book 35759, Pahe 175; and (3) deed dated June 28, 2019 and recorded in

Book 35759, Page 168 (“Lot 9”);

WHEREAS, Lots 7-9 are served by private road known as Meeting House Farms Road as

shown on the Plan (the “Road”);

WHEREAS, Lots 7-9 and the Road shown on the Plan are collectively referred to herein

as the “Property”.

EXHIBIT #6

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Page 2 of 7

NOW THEREFORE, the Grantors grant the following easement:

1. Easement. Grantors hereby grant and convey to Grantee, its successors and

assigns, a perpetual appurtenant easement for the transmission, distribution and supply of water to

Lot 7 and Lot 8 and all uses and purposes incidental thereto (the “Easement”) in, under, upon,

about, over, and through portions of the Property depicted on the Plan as “30’ Yarmouth Water

District Easement” running in a generally southerly direction from the southerly sideline of Gilman

Road, so-called, along the Road (the “Easement Area”).

2. Use. Grantee may use the Easement for the passage of persons, vehicles, and

equipment over and across the Easement Area in connection with the use of the Easement for the

following purposes:

a. to locate, relocate, construct, reconstruct, install, maintain, repair, replace,

remove, alter, operate and inspect conduits and pipelines for conveying water with all necessary

equipment, fixtures and appurtenances incidental thereto, including but not limited to the Hydrant

as shown on the Plan, meters, and electric or other energized control lines, and similar or

replacement equipment, fixtures, appurtenances and technology as it may change from time to

time;

b. to excavate and refill trenches with the Easement Area;

c. to make connections with conduits and pipelines on land owned by Grantors

or others adjacent to the Easement Area;

d. to trim, cut down, and/or remove bushes, shrubbery, grass, crops, trees or

any other vegetation, to such extent as is necessary in the reasonable discretion of Grantee for

Grantee's exercise of its easement rights hereunder;

e. to change the existing surface grade of the Easement Area as is reasonably

necessary in the reasonable judgment of Grantee for Grantee's exercise of its easement rights

hereunder; and

f. to enter onto other portions of the Property as is reasonably necessary, to

permit Grantee's access to and from the Easement Area, with people and machines at any and all

times for Grantee's exercise of its easement rights hereunder.

3. Repair. In the event the surface of any portion of the Property is disturbed

by Grantee's exercise of its easement rights under this Easement Deed, Grantee shall restore such

damaged areas to the condition in which it existed as of the commencement of Grantee's activity.

4. Reservation of Rights. Grantors reserve the right to use the Property in any

manner and for any purpose that does not interfere with Grantee's easement rights and its use of

the Easement; provided, however, that none of the following improvements may be constructed,

expanded or installed and none of the following activities may be undertaken by Grantors in the

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Page 3 of 7

Easement Area without the prior written consent of Grantee, which consent shall not be

unreasonably withheld:

a. buildings or any other permanent structures, except that Grantors may repair

and replace the Road in the Easement Area depicted on the Plan to the extent it has such rights;

and utilities are permitted as provided herein;

b. planting and growing of trees;

c. earth removal, addition of fill or any other change to the surface grade of

the Easement Area; and

d. conduits, pipelines or facilities installed within five feet of or above any

conduit or pipeline installed by Grantee, except that pipelines and conduits may be so installed if

they cross perpendicular to Grantee's conduits and pipelines with a minimum vertical clearance of

one foot and provided that any pre-existing pipes or conduits shall be allowed to remain as they

are.

5. Miscellaneous.

a. Grantee's use of the Easement Area is in common with others.

b. Any exercise of the easement rights granted herein shall: (i) cause the least

disruption reasonably practicable to the Burdened Land and the use thereof; (ii) be performed in a

good and workmanlike manner; (iii) comply with all applicable laws, ordinances, codes, rules, and

regulations; and (iv) be performed no less than thirty (30) days after Grantor’s receipt of written

notice from Grantee, which notice shall specify the work to be performed and the estimated time

frame for the completion of such work.

c. Grantors expressly retain fee ownership in their respective portions of the

Property underlying the Easement Area, including all rights of ownership and use which do not

interfere with the easement rights granted herein.

d. If Grantee grants permission for any such work by Grantors, then Grantors

shall indemnify Grantee for any claims against Grantee or expenses of Grantee resulting from

such work.

e. The Grantee shall defend, with counsel reasonably acceptable to Grantors,

and indemnify and hold harmless the Grantors against actions, claims, injuries, damages to any

person, entity, or property occasioned or claimed to have been occasioned within the Easement

Area or Property arising from or related to the use and exercise of the easement rights set forth

herein.

f. Any Grantor may, at its sole cost and expense have the Easement Area and

any of Grantee's infrastructure located therein relocated within that Grantor’s respective portion

of the Property on the Property upon (a) the prior unanimous written approval of all Grantors, and

(b) the prior written approval of the Grantee, which said approvals (by other Grantors or Grantee)

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Page 4 of 7

shall not be unreasonably withheld, denied or conditioned, provided, however, that the Grantee

and its agents, if any, shall conduct the relocation of any of Grantee's infrastructure located therein.

g. This Easement Deed and its terms and conditions shall run with the land, be

appurtenant to the Property, and be binding upon and inure to the benefit of the Grantors and

Grantee, and their heirs, successors, and assigns. The terms Grantors and Grantee as used

throughout the Easement Deed are intended to include the Grantors and Grantee individually as

well as the respective heirs, personal representatives, administrators, executors, beneficiaries,

successors, and assigns as applicable. If any portion of this Easement Deed or any provision in this

Easement Deed shall be found to be invalid or unenforceable, the remaining provisions shall

continue to be fully effective and enforceable. This Easement Deed may only be modified in

writing signed by all parties and recorded in the Cumberland County Registry of Deeds. This

Easement Deed shall be construed and governed under the laws of the State of Maine.

IN WITNESS WHEREOF, the Grantors have duly executed this Easement Deed on this

___ day of ______________2021.

GRANTORS:

BROAD COVE FARMS IN YARMOUTH, LLC

_____________________________ _____________________________________

WITNESS By: Marion S. Leiter

Its: Manager

NICOLA, INC.

_____________________________ _____________________________________

WITNESS By:

Its: Manager

_____________________________ _____________________________________

WITNESS Marion S. Leiter

_____________________________ _____________________________________

WITNESS Karl S. Leiter

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Page 5 of 7

ACKNOWLEDGMENT 1 OF 3

STATE OF MAINE

COUNTY OF CUMBERLAND, s.s.

Personally appeared before me on this ____ day of ______, 2021 the above named Marion S. Leiter

as the duly authorized Manager of Broad Cove Farms in Yarmouth, LLC and acknowledged the

foregoing instrument to be her free act and deed in said capacity, and the free act and deed of Broad

Cove Farms in Yarmouth, LLC.

Before me,

___________________________

Notary Public/Attorney at Law

Name:______________________

Commission Expires:________

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Page 6 of 7

ACKNOWLEDGMENT 2 OF 3

STATE OF MAINE

COUNTY OF CUMBERLAND, s.s.

Personally appeared before me on this ____ day of ______, 2021 the above named

_____________________ as the duly authorized Manager of NICOLA, INC. and acknowledged the

foregoing instrument to be his/her free act and deed in said capacity, and the free act and deed of

NICOLA, INC.

Before me,

___________________________

Notary Public/Attorney at Law

Name:______________________

Commission Expires:________

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Page 7 of 7

ACKNOWLEDGMENT 3 OF 3

STATE OF MAINE

COUNTY OF CUMBERLAND, s.s.

Personally appeared before me on this ____ day of _______, 2021 the above named Marion S. Leiter

and Karl S. Leiter and acknowledged the foregoing instrument to be their free act and deed.

Before me,

___________________________

Notary Public/Attorney at Law

Name:______________________

Commission Expires:________

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1

Matt Phillips

From: Maureen P. McGlone <[email protected]>Sent: Tuesday, January 12, 2021 6:48 AMTo: Matt PhillipsSubject: FW: Tim Sanders; Broad Cove Farms

Here is the email from Eric describing what needs to be included and where the tie‐ins should be. 

Thank you, Maureen 

From: Eric Gagnon <[email protected]>  Sent: Monday, December 14, 2020 10:15 AM To: Maureen P. McGlone <[email protected]> Cc: Tim Sanders <[email protected]>; Marion Leiter <[email protected]>; Teddy Piper <[email protected]>; [email protected]; Steven Johnson <[email protected]> Subject: Re: Tim Sanders; Broad Cove Farms 

Hi all, 

Before too much effort is given please give us a call. I talked things over with the Town and the Chief to see what the needs are to help us put pen to paper. A new 8" water main will need to be installed off of Gilman toward both lots. I can mark up a plan to show the terminus of the main and where the services and hydrant should be located but quickly ‐ the new 8" main will need to be installed from the existing 16" main on Gilman, along the East side of Meeting House Farms Road (to avoid the electric) and will end to the front of Lot 7 (Sta 19+00), the hydrant should be located at the driveway for Lot 8 where it splits for the entrance for Lot 7 (~Sta 17+00 if you are looking at the current plan). The existing service to Lot 8 is a service so no other lot can tie into it, ever. Plus its size does not allow for proper fire protection. Also, how is Lot 9 being served, will they require water? 

Lastly, the District requires an easement given solely to the District to own and maintain the water main in all private rights‐of‐way.  

Feel free to reach out if you have any questions.  

Eric Gagnon Superintendent Yarmouth Water District 207.846.5821 phone 207.846.1240 fax http://YarmouthWaterDistrict.org/

This message is intended for the use of the addressee only and may contain information that is privileged and confidential. If you are not the intended recipient of this message, be notified that any dissemination or use of this message is strictly prohibited. If you have received this message in error, please delete all copies of the message and its attachments and notify the sender immediately 

On Mon, Dec 14, 2020 at 10:00 AM Maureen P. McGlone <[email protected]> wrote: 

Tim, 

EXHIBIT #10