Chairman, Carol Billington called the meeting to order at 7:05 p.m. Present: Brian Libby, Gus Favreau, Alan Connell and Chair, Carol Billington. Absent: Bill Foster and PersonNameEleanor Dudek. Staff present: Bud Benson, Planning Administrator and Donna Sawyer, Planning Board Secretary.
Chair, Carol Billington, asked for approval of 3 sets of minutes. Gus Favreau made a motion to accept the July 16, 2007 minutes and Brian Libby seconded the motion. All in favor. Motion passed.
Brian Libby made a motion to accept the August 6, 2007 minutes and Gus Favreau seconded the motion. All in favor. Motion passed.
Brian Libby made a motion to accept the August 13, 2007 meeting minutes as presented and Gus Favreau seconded the motion. All in favor and motion passed.
Carol Billington next asked for approval of 2 Finding of Facts:
country-regionU. S. Cellular/KJK Wireless/Crown Atlantic, Map 9, placeLot 38A, addressStreetOak Hill Road for a Site Plan Amendment. Brian Libby made a motion to accept the Finding of Fact and Gus Favreau seconded the motion. All in favor and motion passed.
Wildlands Cluster Subdivision (Phase 2)/Busque Construction placeCo., Inc. – Map 12, Lot 1 Subdivision Plan Review. Brian Libby made a motion to waive the reading and Gus Favreau seconded the motion. All in favor and motion passed. Brian Libby made a motion to accept the Finding of Fact and Gus Favreau seconded the motion. All in favor and motion passed. Carol signed the document and reminded anyone in the audience that the documents are on file at the Town Office if they wish to view these approvals.
UNFINISHED BUSINESS:
02-12-04-06 ROUTE 25 BUSINESS PARK/Mark Floor – Map 10, placeLot 11, 225 Ossipee Trail West
Subdivision Review
No one was present to discuss this project. Brian Libby made a motion to table until next month and Gus Favreau seconded the motion. There was no discussion. All in favor and motion passed.
02-02-06-07 STROUTBROOK ESTATES (formerly WHEATON WAY SUBDIVISION) A & H Land Development, LLC, Map 8, Lot 9, Wheaton Way Preliminary Approval May 7, 2007
Subdivision Plan Review
Carol Billington said this project was being reviewed by the DEP. Brian Libby made a motion to table this project to next month and Gus Favreau seconded the motion. All in favor and motion passed.
01-06-04-07 ST. JOSEPH’S COLLEGE EXPANSION/St. Joseph’s College – Map 20, Lots 5,6,7,7B & 8
Site Plan Amendment
Chair, Carol Billington, said that a vote couldn’t be taken because there wasn’t a quorum present. Ms. Billington said that all of the peer reviews had been initiated by Bud Benson. Those were for: traffic study, noise study, storm water and lighting. The results of those reviews would be back no later than October 15th.
She opened the meeting for any comments about the project. Tom Doyle, Attorney for the college, came forward to say that a number of revisions have been made to the site plan since the August Planning Board meeting. He said Walter Stinson, Sebago Technics was present to discuss the waste water issue.
Jim Seymour, Sebago Technics, spoke next. He said that the size of the water main has increased from 6” to 8”. There was adequate pressure for fire suppression but not enough flow rate as required by the fire chief. He indicated that fire hydrants are located at the throat of the cul-de-sac, one at the entrance way of the first dorm (Bldg #1), another located in the far corner near the lake. The cul-de-sac closest to the first dorm has been widened to allow for short-term parking. addressStreetWesterlea Way has 2 way traffic with one way traffic only around the cul-de-sac and added parking spaces for 3 vehicles for temporary drop-off. There is also a 20’ wide access way through the cul-de-sac at all times.
Another revision was the elimination of one of the crosswalks and he pointed out where it had been on the plan. The traffic engineer, Diane Moribatto, requested this change. The space where that crosswalk had been in the design will now be a berm with vegetative plantings. All of the pedestrian traffic will converge at one point only. Last change is a bolder line on the tree clearing limits on the construction plan. It is not shown clearly on the plans but will be in the final plans.
Scott Bodwell has written a rebuttal of the noise level data submitted by Mr. Vogel. Diane Moribato submitted updated traffic information.
Walter Stinson, Civil Engineer at Sebago Technics, spoke next. He referred to the sewerage disposal system design back to a 1995 approval. The proposal at that time was on placeLot 2 owned by the college on the other side of the road from where the college buildings are situated. It contained disposal for roughly 60,000 gallons of sewerage. Part of the DEP application permit was a very extensive study of the sewerage disposal needs of the college and the proposal at that time was to dispose of sewerage on placeLot 2 on the opposite side of the road. It contained a disposal area for approximately 60,000 gallons of sewerage disposal. That was proposed for 4 different pods of disposal area. Part of the DEP review was that one of the pods was approved for construction and the
Department said that any further construction of pods would need prior approval of the Division of Health Engineering in placeCityAugusta. They required an extensive monitoring program be undertaken and that monitoring would be done quarterly with an annual update to be presented to the DEP and the town and Portland Water District. Three of the pods have been constructed, numbers. 1, 2 and 4. Those have a design capacity of about 52,000 gallons a day and 2 of the pods will have pretreatment of the septic sewerage affluent that goes to them. It is a new technology and one that works very well and is given good results. With a design capacity of 52,000 a day, the existing flow to those fields is 19,000 gallons per day and the new resident halls will generate an additional 24,750 gallons a day. The total flow to those 3 pods is around 44,000 per day, below the 52,000 gallons designed. He said that the expansion is well within the design
perimeters of the system in place and there will be no construction of new leach fields as part of this project. They will use existing beds already built and approved.
He briefly spoke about the monitoring program. The DEP and the town required an extensive program and the test are taken quarterly. They are summarized annually. R.W. Gillespie of placeCitySanford reviewed the results of testing and has not raised any issues. He quoted from Sevee and Mahar’s Report that said leech fields continue to operate as expected with regards to impacts to water quality and hydrologic mounding in the subsurface soils. There is no evidence of offsite migration of offsite nitrate nitrogen in the groundwater. He said the systems have worked as expected and quite frankly they have worked better than expected. There is nothing to indicate that there is any problem with any system.
There was a question from the audience regarding plantings to buffer noise. Jim Seymour, Sebago Technics, pointed out the new plants on the plan. Carol asked for any more discussion. Ted Gifford, Hearthside, asked about the landscaping plan and pointed out where he felt there was a deficiency in the planting plan. Heather Taylor, Consultant, said that as the area was developed, they would look at the existing low growth and assess the situation as it progresses.
Bud Benson said that the peer reviews would be done in the next week or so and then the applicant and the Board members could review them. It was decided to hold a special meeting on Monday, October 22nd, to have more discussion on this project.
01-07-09-07 FAIRWINDS SUBDIVISION/Philip & Karen Bradford - Map 80, placeLot 43-1, addressStreet395 Manchester Road
Amendment to Subdivision
Robert Libby, Surveyor from BH2M, was present representing Philip & Karen Bradford who are asking for a split lot 43-1 into 2 lots at placePlaceNameFairwind PlaceTypeHeights. Test pits have been done and there is enough acreage to accommodate the split. There was an amendment in May 2003 to this subdivision. Chair, Carol Billington, said she was on the Board when approved in 1998 and she said the original proposal had multiple curb cuts for subdivision lots. Consequently, the approval contained 7 shared curb cuts. She was reluctant to change a previous Board’s approval. She asked for other members to comment. Bud Benson said the previous concern was that addressStreetManchester Road was a collector road and the more curb cuts, the slower the traffic has to move through
the area. He said each lot will generate 10 trips per day. He said if the Board felt strongly, don’t split the lot. Bud referred to addressStreetSkip Road out in back of the lot. The Planning Board secretary said she had received only one call to inquire about the split. There have been 2 other amendments to this subdivision and Bud Benson said this is the last lot in the subdivision that can be split. Phil Pomerleau, addressStreetNortheast Road, came forward and said he was a member of on the Planning Board when this subdivision was approved. He said that times do change and he would not be offended if the Board overruled the previous approval regarding more curb cuts.
All discussion ended and Chair, Carol Billington, asked for a vote of the members. Brian Libby made a motion to approve the project as presented with lot number changes as suggested in Bud’s memo and Alan Connell seconded the motion. There was no more discussion. All in favor and the motion passed.
addressStreet02-07-09-07 Grovo Lane Extension/D.R. Hubbard & Sons, Inc. – Map 8, Lot9-1, addressStreetGrovo Lane Ext.
Private Way Review
The applicant has sold the lot and requested this project be removed from the agenda. Carol said it will be removed.
04-07-09-07 GRAVEL EXTRACTION /Peter Busque – Map 12, lot 4&5, Map 13, placeLot 42B, addressStreetBoundary Rd.
5 Year Review
Peter Busque came forward and said he was representing Gordon Brown, the current owner. He asked for questions. Carol Billington said a site walk had been conducted by members a few months ago. Bud Benson said he had looked at the site recently and Leavitt Earth Works was working in the pit. There was one area that wasn’t internally drained and that has been fixed. Bud said that one issue was depth of the seasonal high water table and that the bottom of the pit excavation should be 5 ft. above that water table. Bud wanted the plan amended to show where that water table is located. He wanted a pit modification showing the pit floor elevations so that there is a 5 ft. separation above that seasonal high water table as shown on the plan and to notify the town annually. Bud Benson said that a total of 13 acres can be open at any one time, i.e. 3 Acres for mineral storage/stockyard and 10 acres for extraction area.
A discussion followed regarding blasting. Mr. Busque said he had to obtain permission from DEP to blast. Mr. Benson said blasting is not in the land use code yet and it was agreed by members present that perhaps it needed to be considered by the Board.
Gus Favreau made a motion to approve this gravel pit operation for a 5-year renewal with the conditions that are presented in Bud Benson’s memo to the Planning Board members dated September 6, 2007. Brian Libby seconded the motion. All in favor and motion passed. The conditions are:
1. The limit of extraction is the same as the reclamation plan, however, the approval is for excavation five feet above seasonal high water table only. Once seasonal high water is determined, the reclamation plan will be modified and pit floor elevations must remain five feet above the high water table. The project would be in two phases. The first to be 12.8 acres, the second would be the remainder. In no case shall the total area needing reclamation exceed 13 acres. This includes only 10 acres of working pit and associated on site non-vegetated storage areas and stockpiles.
2. A minimum of one steel cased monitoring well with lockable cap will be installed per phase within the pit floor. Well depth will reach a minimum of 10 feet below the lowest elevation within that phase or into the ground water table.
3. Seasonal high water within all monitoring wells should be observed and reported by a registered professional engineer or geologist. Annually records of the seasonal high water table elevation should be kept by the applicant and submitted to the town prior to annual CEO permit renewal. This monitoring well report must be certified each spring for the seasonal high water table elevations for the three existing monitoring wells and all new wells to be located near or within future phases.
4. A surety bond for reclamation would be established to the satisfaction of the Planning Board Administrator. A performance bond in the amount of $39,000 is required. This amount assumes a cost of $3000/ acre for a total of 13 acres. This includes only 10 acres of working/-non-reclaimed pit plus 3 acre for aggregate storage that will need to be reclaimed once the piles are removed. Adequate clean material shall be retained on site to reclaim pit to grades shown on reclamation plan. Bond language will need a review by our town lawyer as to legal sufficiency. Topsoil shall not be removed from the site but shall be retained on site for reclamation. Adequate loam to
cover all reclamation needs shall be retained on site for the purpose of reclamation.
5. The conditions of approval are to appear on the final plan for this project.
6. 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.
NEW BUSINESS:
01-08-06-07 Cottage Setback/Michael MacQuarrie, - Map 46, placeLot 16, addressStreet15 Chapman Way
Shoreland Zoning Review
Michael MacQuarrie was present to discuss the cottage he purchased at addressStreet15 Chapman Way. The cottage needs extensive repair and he wants to tear it down and build a new cottage. He submitted a new plan showing a 11 ft side setback so that the roof overhang would be within the 10 ft. setback. He asked for questions. Bud Benson, Planning Administrator, said that a site walk wasn’t conducted because the new building it going to be built as far back as practical. The new cottage will be built back from the water at 50.80 ft and 50.65 ft respectfully. The old cottage was 48.42 ft. and 46.97 ft.
Brian Libby made a motion to approve this site plan with the 6 conditions of approval as presented in Bud Benson’s memorandum to the Board members. Gus Favreau seconded the motion. There was no more discussion. All in favor and motion passed. The conditions of approval are:
1. Planning Board approval of this site plan showing “LAND OF MICHAEL A. MacQUARRIE & CARLA J. MacQUARRIE” by Bliss & Associates dated June 5, 2007, is limited to structure setbacks to the maximum practical extent and the approval is limited in duration to a period 6 months from date of approval.
2. Existing camp with seasonal high water setbacks of 48.42’ and 46.97’ is to be removed. A new proposed dwelling is to be built with setbacks of 50.80’ and 50.65’ as shown on the plan prepared by Bliss & Assoc., Inc. and dated June 5, 2007.
3. Applicant’s camp appears to be within the 100-year flood plain and will need to prove to the CEO that the lowest floor is 1 ft above the 100-year flood elevation.
4. Stormwater infiltration plan to be submitted by applicant and approved by CEO.
5. Erosion & sediment control plan to be submitted by applicant and approved by CEO.
6. 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.
02-08-06-07 Chrystal Clean Pups Dog Grooming/Chrystal Clements – Map 40, placeLot 14, addressStreetFort Hill Road
Site Plan Amendment
Chrystal Clements came forward and said that she wants to open a dog grooming business at the building owned by St. Ours on the corner of addressStreetNortheast Road and addressStreetRichville Road (Rte 35 & 114). She reviewed available parking and said she is not operating a kennel. Bud Benson said this business is coming before the Board for a change of use and didn’t feel parking would be an issue. Most of the parking is within the public right-of-way.
Carol Billington asked if the members wanted a site walk. The consensus was no. Brian Libby made a motion to approve this project with 2 conditions. Gus Favreau seconded the motion.
Chair, Carol Billington, reviewed the standards in the Land Use Code, Section 181-73, A through L. Standard A referred to vehicular loading, unloading and parking. The members felt this use was making the parking and unloading situation better than the previous use. Many of the other standards did not apply. The 2 conditions of approval follow:
1. There will be no overnight housing for animals
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.
There was no more discussion. All were in favor and motion passed.
03 08-06-07 SRC, Inc., d/b/a CitySunRise Corner/Anne Farrar – Map 36, placeLot 34, 25 Ossipee Trail East
Site Plan Amendment
Bud Benson said that Anne is going to the Board of Appeals to obtain a special exception for retail sales over 2,000 sq. ft. and possibly at the same time request a drive-through window. Anne asked to be tabled. Brian Libby made a motion to table this project and Alan Connell seconded the motion. No discussion; all in favor and motion passed.
01-09-10-07 Ahead Above/Marc & Sherrie Duchaine – Map35, placeLot 13, 36 Ossipee Trail West
Site Plan Amendment
Marc and Sherrie Duchaine, owners of Ahead Above, came before the Board seeking a site plan approval a different location at 36 Ossipee Trail West. It is a bigger building and will better serve their needs. Bud Benson, Planning Administrator, said that customer vehicle parking could not be within the 10 ft. side and rear setbacks because it is a grandfathered lot. Bud Benson asked that only 12 parking stalls be shown on the plan along with the setbacks of 10 ft. shown. The members didn’t feel a site walk was necessary. Bud requested that a parking table be added to the plan that reflects 2,000 sq. ft building, parking requirement is one space per 180 sq. ft. and that requires 12 parking stalls. Marc Duchaine agreed to provide a new plan. There was no more discussion.
Chair, Carol Billington, reviewed the standards in the Land Use Code, Section 181-73, A through L. Standard A referred to vehicular loading, unloading and parking and said this issued is now satisfied with the new site plan. Standards B through L were satisfied.
Brian Libby made a motion to approve this project with 4 Conditions of Approval. No more discussion. Alan Connell seconded the motion. All were in favor and motion passed. The Conditions of Approval are:
1. The site plan amendment approval at 36 Ossipee Trail West is limited to 2000 Sq. Ft. of retail sales and service area only. This use requires a minimum of 12 parking spaces.
2. The new site plan will show the 10 ft. side and rear setback for parking, a table showing the amount of sq. ft. of retail space
3. Per the Fire Chief’s report the site and building will require a fire department inspection prior to opening.
4. 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.
Sherrie and Marc Duchaine agreed to provide a revised site plan to Bud Benson showing 10 ft. setback and 12 parking spaces.
02-09-10-07 Whimsical Living Antiques & Gifts /Paul Thompson – Map 36, placeLot 9, addressStreet14 Oak Hill Road
Site Plan Amendment
Paul Tompson, owner of the property at addressStreet14 Oak Hill Road, came forward and distributed a site plan that was updated to show the parking requirements for this application. Bud Benson, Planning Administrator, said that the applicant was looking for approval tonight and that is why these changes have been made to the plan. Chair, Carol Billington, asked if a site walk was needed. Brian Libby said he was familiar with the site. The applicant said that addressStreetOak Hill Road was considered the front of the building and Route 25 was the back. The majority of the parking is on the back (Rte 25 side) of the building. Discussion took place as to why parking was allowed in front of the building and how did people access the parking behind the building. Bud Benson said the 9
parking stalls in front of the building are grandfathered from a previous approval many years ago. Discussion moved to why there are so many spaces needed and Paul Thompson said parking spaces are required because there is 2,560 sq. ft. of indoor retail space and 3,600 sq. ft. of outdoor retail space.
Chair, Carol Billington, said her issues center around future parking requirements if some other kind of business comes in to use the same site. Bud Benson added that if there is more than a 10% change in impact in the amount of traffic for any business that utilizes the site in the future, it would have to come before the Planning Board. There ensued a long explanation of why the need for approval tonight The owner was willing to add a stipulation that if any use came along other than an antique/gift shop, it would come before the Planning Board again for approval.
Brian Libby made a motion to approve this project with the following conditions:
1. Approval is limited to this antiques/gift shop business only.
2. Outside display area currently consisting of 3,600 sq. ft. for the display of trailers will stay.
3. 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.
Alan Connell seconded the motion. There was no more discussion. All in favor and motion carried.
Carol Billington said there would be a workshop session for the planning board members on Monday, September 17th.
Brian Libby made a motion to adjourn and Alan Connell seconded the motion. All in favor and meeting adjourned at 7:54 p.m.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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