Co-chair, Brian Libby, called the meeting to order at 7:05 p.m. Present: Wayne Newbegin, Eleanor Dudek, Chris Parkin and Brian Libby. Members Absent: Kenneth Fish, Bill Foster and Carol Billington. Staff present: Bud Benson and Donna Sawyer
Wayne Newbegin made a motion to accept the January meeting minutes as typed, Chris Parkin seconded the motion. All in favor. Motion carried.
Findings of Fact:
Wayne Newbegin made a motion to waive the reading of the 3 Findings of Fact to be signed. Chris Parkin seconded the motion. All in favor. Motion carried.
The 3 approvals are for:
-Finding of Fact for Site Plan Amendment for expansion of Villaris at Map 5, Lot 55
-Approval of a Private Way for Nicholas Drive, off Chadbourne Road
-Approval of a Private Way for Shannon’s Way, off Chadbourne Road
Wayne Newbegin made a motion to accept the 3 Findings of Fact and Eleanor Dudek seconded the motion. All in favor. Motion carried.
Mr. Benson said he had not reviewed the plans for the private ways. If they are correct, he will have them recorded at the Registry of Deeds.
UNFINISHED BUSINESS
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC., - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review
Charles Brown, Sebago Technics, was present to update the Board on the status of the Wildlands Subdivisions. Last week he filed the Letter of Map Amendment with FEMA for the floodplain and a copy has been dropped off with Mr. Benson. He also said that a full application to the MDEP was filed today and he is leaving a copy for the Town. The Notice of Intent will be filed in the newspaper.
Wayne Newbegin made a motion to table the project until next month and Chris Parkin seconded the motion. No discussion. All in favor. Motion carried.
01-05-02-05 JOSIE’S BROOK SUBDIVISION (formerly known as Tompson Property)/James Tompson, QTW, Inc. – Map 6, Lots 18 & 21, 139 Cape Road
Subdivision Plan Review
Co-Chair, Brian Libby, said the Board has received a request for an extension for this project. Charlie Brown, Sebago Technics, summarized the contents of a letter from Owen McCullough, Sr. Project Manager at Sebago Technics. He said the Letter of Map Amendment was filed and they have received comments back and are submitting more data to FEMA within the week.
Another issue is that the MDEP are asking for a Phase 1 Archaeological Survey of the site and that cannot be conducted at this time of year. It will begin in April or May 2006 and Sebago Technics are in the process of scheduling it.
Because of the above issues, they are asking for an extension of the preliminary approval so these items can be settled. Wayne Newbegin made a motion to table until next month and Eleanor Dudek seconded the motion. All in favor. Motion carried.
01-07-11-05 RETAIL BUSINESS OVER 2,000 SQ. FT./Norway Savings Bank – Map 10 Lot 69E, 88 Ossipee Trail East
Site Plan Review
Jim Fisher, Northeast Civil Solutions, was present representing Norway Savings Bank requesting final site plan approval. He explained that a site walk took place last fall and said the site is directly across from the Hannaford Supermarket at Colonial Marketplace. His firm has been working with the Maine Department of Transportation (MDOT) in conjunction with receiving the Traffic Movement Permit. That permit was reviewed for quite some time and received recently.
He wanted to discuss the traffic improvements shown on the plan as it pertains to the intersection at Colonial Marketplace. The intersection will be improved in conjunction with (but separate from the Pit Stop Fuel improvements taking place about 100 yards down Rte 25. He pointed out where that construction for Pit Stop would be taking place, Colonial Marketplace’s location and Standish Village on the left. Some of the improvements in the roadway are a left-hand turn lane for all traffic coming from Standish Village heading toward Gorham, widening the shoulder on the right-hand side, which will provide a slip lane for traffic coming from Standish Village toward Colonial Marketplace to allow right turning traffic to flow into the shopping center. Coming from Gorham heading toward Standish,
there are two lanes. One is the turn lane for Colonial Marketplace, the other is the through lane that also has the right turn arrows to allow traffic to come into Norway Savings Bank site. This intersection is going to require a recalibration of the signals at this intersection. A light will be added for traffic coming out from the Norway Savings Bank site. All of the traffic improvements for the intersection are shown on the plan.
The applicant will be going forward, contingent upon the final improvements from Standish, to the state Department of Transportation regarding the specific types of improvements, i.e., synchronization of the lights, crown of road, etc.
Brian Libby opened the meeting for discussion for Board members. Eleanor Dudek said it looked at though 2 existing shade trees would be lost as a result of constructing the slip lane into Colonial Marketplace. There are so few shade trees on that road now that she felt the trees should be replaced with a good-sized trees. She asked to see the landscape plan.
She also asked about traffic backups. With the addition of another light, people will be waiting for 4 different ways to travel. Eleanor felt that perhaps a 3rd party review was needed to look at the traffic situation. Mr. Fisher said that the MDOT has scrutinized this traffic issue to death. MDOT has reviewed everything and that means the traffic generated by Pit Stop Fuels. Jim said that DOT people have looked at both projects, i.e., the bank and the Pit Stop Fuel project. Traffic volume and peak traffic flows were looked at. Jim said the bank project was over designed to account for traffic volumes.
Eleanor asked about signage.
Wayne Newbegin asked if the MDOT based recommendations on a 6 rod or 8 rod road? Jim thought they only looked at the 6 rod which was within their right of way.
Bud clarified the signage question of Eleanor. The sign approval is done by the Code Enforcement Officer. In the main entrance is where the sign should be shown on the plan. The Board is looking at final approval tonight. However, there are some detailed construction, such as curbing, that has not been finalized. What you are seeing on the plan, is what you are approving. For instance, is the widened shoulder adequate or does the Board wish to have a 3rd party review. However, the Board could ask for a slip lane, if they thought it was essential. A widened shoulder is not a slip lane and will not accommodate all types of vehicles. Mr. Fisher said that a scientific study done for the Village Center for traffic heading for Gorham. does not come anywhere near
justifying a slip lane into Colonial Marketplace.
Wayne Newbegin asked how this construction would affect the Range Road in the area. Bud Benson said that the Range Road is about 120 feet down from the current intersection with Colonial Marketplace. He doubted that a new intersection would ever be built because of the major intersection that exists now at the Colonial Marketplace and proposed Norway Savings entrance. Two intersections would never be allowed that close together.
Jim introduced Ed Theriault of Theriault/Landmann Associates, the architectural firm designing the Norway Savings Bank. He reviewed the building and said the building hadn’t changed since the last presentation. It’s a very traditional looking building and he showed different views of the building from the road, the parking lot, etc. It will be a clapboard building with gable ends. He presented a quick overview of the interior of the building. Next, he went over the landscape plan and stated that the plan has been modified slightly since the last presentation. There is a lane in front of the building that would allow a customer to go around the building again, instead of having to exist the parking lot and re-enter from Route #25. Lighting for the parking lot has been
added and he showed a typical light within the lot. Clusters of trees have been added to the right side of the parking lot, greenery in front of the building and in back of the building. He asked for questions.
Bud Benson said there were large parking areas out back and he indicated trees needed to be planted all the way around the rear and the sides. If the parking lot and road were swung 20 feet toward the Chretien property to the right, there would be enough space to plant trees all the way around the parking lot, which code requires. Jim Fisher said, at this stage, the only residential lot that remains is the Chretien property. He indicated there is a very tall stand of pine trees toward the back of the property near the Chretien property. He would like to leave as much of those in tact as possible. He pointed out the stand of trees is located. Jim said he could move the travel isle of the parking area as long as the parking spaces are not located in the setback. There is some
flexibility. The other issue is that on the other side of the parking area and the wetlands areas that are over there leaves some room for reconfiguring the parking lot/parking spaces. It didn’t make sense to move the roadway on the right and taking the old standing growth of trees down in favor of putting up a few bushes and trees for a new landscaping plan. Mr. Theriault pointed out the stand of old growth stand of trees. Jim thought he could make it work with some minor new plantings on the back side of the parking lot.
Mr. Benson said the two-thirds of the rear parking lot has uplands behind it and between the Mark Floor property. Jim said those plantings were not an issue and asked if the plantings could be a condition of approval. Bud also said there is a minimum spacing of 30 feet across the front for trees. Because this is a typical entrance of no wider than 40 feet, and because of its location across from Colonial Marketplace, the entrance needs to be a mirror image of the entrance across the street. A tree needs to be in the center island and Mr. Fisher said it wasn’t an issue.
Eleanor Dudek added a comment that she was concerned for the residents on Orchard Road, especially the first house on the right, which was a residential structure and the second one being a commercial structure. With the many hours of darkness in our winters would the headlights of vehicles coming around the building to the drive-thru and the parking lot cause problems to those people. What will the plantings be? Mr. Theriault said it would be easy to plant some shrubbery to give protection from headlight wash, but he needed to be careful to not plant too much vegetation in the area causing security issues. He will add shrubbery there.
Wayne Newbegin asked who would be responsible for the road work on Route 25 (from Pit Stop Fuel to the Colonial Marketplace intersection) if the commitment made by Pit Stop Fuel to rebuild that section of roadway doesn’t happen. By default, Jim Fisher, said that Norway Savings Bank would be responsible.
Mr. Theriault said the Bank was looking at all of their marketing design of their signs are being reviewed too. As soon as the design is ready, it will come to the code officer.
Eleanor Dudek asked how long the construction phase was for a project of this size. Mr. Fisher replied, “Roughly 8 or 9 months to build the building and do the site.”
Co-chairman Libby asked for public comment. Peter Biegel, 141 Ossipee Trail East, stepped forward and asked about the traffic light and its signalization timing. He thought it would be good to know the sequence of the lights sooner, rather than later. It is easier to look at it now to gauge traffic flow rather than later when abutters cannot voice concerns. This is critical. Jim Fisher said he didn’t have control of traffic flow because the State decides that issue. Mr. Biegel thought there was more flexibility in an urban compact area. MDOT’s mission is to move the traffic along and, at the same time, the Town is trying to maintain a Village Center in the area. He thought the town could have some flexibility on that and perhaps be open for
suggestions.
Brian Libby asked what the members wished to do. Wayne Newbegin made a motion to approve the project with the following conditions:
1. A street opening permit will be required. As part of that, Mitchell Electric will eventually be contracted for maintenance on this new traffic light. A peer review escrow account should be established to review the components and construction inspection.
2. At some point in the future, if the existing Colonial Marketplace intersection with Route 25 were relocated to the area near the range roads intersection with route 25, then at that future point in time your proposed drive/entrance would need to be relocated to the area on the site plan shown as “Future Connection to Range Road”
3. Approval of your detail construction plans by MDOT as part of their traffic movement permit.
4. Letter of capacity to serve must be obtained from Portland Water District.
5. No occupancy until completion of all required infrastructure improvements within the town’s eight rod right of way.
6. No building permit until performance bond through Maine Department of Transportation state/developer agreement is in place.
7. Must receive fire department approval per items raised in the Fire Chief’s report dated 6/30/05.
8. Proposed 5 foot bituminous sidewalk must conform to minimum town construction standards
9. Must provide landscape and lighting plan for approval by Planning Board Administrator.
10. Should the Pit Stop Fuels not complete intersection improvements, as proposed in their approval, then the Norway Savings Bank may become responsible for a portion of the Colonial Market Place intersection improvements originally proposed by Pit Stop Fuels.
11. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
Eleanor Dudek seconded the motion. Co-chair, Brian Libby, read the 11 conditions of approval for the public. There was no more discussion. All in favor: Newbegin, Libby, Dudek and Parkin. Motion carried.
01-12-05-05 MECHANICAL REPAIR GARAGE/Cliff Strumph – Part of Map 10, Lot 6, Ossipee Trail West
Site Plan Review
Troy McDonald, was present representing Cliff Strumph who was seeking approval for his site plan for a mechanical repair garage. He addressed items that arose from the sitewalk and workshop held with the planning board members. As result, the building has been pushed back about 60’ so it would fit better on the site, graded the site such that the slope would be 3 to 1 maximum, back into existing grading without impacting any of the vegetation inside of the setback requirements. As requested, the top and bottom of bank is shown along with the silt fencing that would be required during construction. The parking lot is egg shaped now and fits better on the site on top of the bank and the proposed grades are there. It is a gradual slope. Mr. Thompson, an abutter, was concerned with
drainage from the parking lot and that is shown on the plan. Drainage will not have a big impact. The site distance is shown on the plan for both ways and that is not an issue. The culvert is shown on the plan and the frontage is 190’ on Route 25 and there will be a 5’ sidewalk along the frontage. The setbacks are noted on Note #15 of the plan.
Co-chair, Brain Libby, asked for comments from Mr. Benson. Bud said that there was a
Range Road running along the rear of this property and in looking at the work that Sebago Technics did to lay out the Range Roads, it looks like they are coming up with a line that runs along the edge of the Range Road. They are showing the setback off the Range Road at 40 feet. He was not positive that the line is the edge of the Range Road or the center. He believed it was the edge, but if there is any major modification, they would have to come back to this Board. It isn’t a big issue, he just wanted to make everyone aware of it. There were no more comments from Bud, the Board or the public. Eleanor Dudek made a motion to accept the applicant’s proposal with the 10 conditions listed in Mr. Benson’s memo to the members. They are:
1. All outside lighting shall be concealed source fixtures.
2. Existing tree line around the proposed parking lot to remain undisturbed or a landscape plan shall be submitted to and approved by the Planning Board administrator showing at minimum 8’ tall trees spaced at minimum 30 ft. intervals around the parking lot.
3. Mature trees within existing 50’ front setback along Route 25 to remain undisturbed except as necessary for driveway construction.
4. Sidewalk meeting requirements of §181-22 shall be constructed along the frontage of the property prior to issuance of any occupancy permit.
5. Knox box to be installed per life safety code 101.
6. Owner must inform Fire Chief if any hazardous materials are stored on site.
7. Provide a licensed site evaluators log of passing soils test and septic system design on site prior to issuance of building permit.
8. Applicant needs to obtain a Drive entrance permit from MDOT.
9. Applicant also needs to obtain permission from MDOT to build a sidewalk within their right of way.
10. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
Chris Parkin seconded the motion. Brian Libby read the 10 conditions to the public. All in favor. Voting for approval: Eleanor Dudek, Wayne Newbegin, Brian Libby and Chris Parkin. Motion passed.
Mr. McDonald asked about the timeline for installation of the sidewalk. Mr. Benson stated that the sidewalk construction shall be completed before receiving an occupancy permit.
Brian read the standard motion to the applicant.
03-11-07-05 SHADOW WOODS SUBDIVISION/Carol and Gordon Billington – Map 19, Lot 34-2, Chadbourne Road
Cluster Subdivision Review
Mr. Benson said this project has received preliminary approval and a final plan hasn’t been submitted yet.
Wayne Newbegin made a motion to table this item and Eleanor Dudek seconded the motion. All in favor. Motion carried.
04-12-05-05 Cottage Setback/Christopher and Marianne Howard - Map 57, Lot 35 & 76, 89 Whites Point Road
Shoreland Zoning Review
Wayne Newbegin made a motion to table the project and Chris Parkin seconded the motion. No discussion. All in favor. Motion passed.
NEW BUSINESS:
02-02-06-06 Day Care Home (Little Tykes)/Crystal Frost – Map 34, Lot 20B, 11 Kendra Lane
Site Plan Review
Crystal Frost appeared before the Board Members seeking approval of a home daycare at property she is purchasing at 11 Kendra Lane in Steep Falls.
Wayne Newbegin asked if this lot was part of a subdivision? Crystal said, “No”. Crystal stated she will have 12 children total, and it includes her 4 children.
There were no more questions from the members or from the public. Mr. Benson said the application contained a good site plan. Ms. Frost said the home has been inspected by the State Fire Marshall’s office and has passed that inspection. She gave a copy of the report from the Fire Marshall’s office.
There was no more discussion.
Wayne Newbegin made a motion to approve this project for a day care home at 11 Kendra Lane. Conditions of approval are:
1. Building must be inspected and approved by the State Fire Marshall’s office
2. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
Chris Parkin seconded the motion. No public comment. All in favor. Motion carried. Brian read the conditions of approval as well as the standard motion.
There was no more business before the Board.
Mr. Newbegin said there was a joint meeting with the Ordinance Committee on February 21st.
Eleanor Dudek made a motion to adjourn the meeting and Wayne Newbegin seconded the motion. All in favor. Motion carried.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board
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