Planning Board Minutes 02/01/2016

Standish Planning Board

                                                                    Meeting Minutes

                                                                   February 01, 2016

The meeting was called to order by Chairman Carol Billington at 7:02pm. Present were Mike Willette, Amanda Martin, Brian Libby, Alta Harding, Adam Higgins, Cindy Beckwith, Bud Benson-Town Planner and Jackie Dyer, Secretary to the Planning Board.

Approval of Meeting Minutes from January 11, 2016

Mrs. Martin made a motion seconded by Mrs. Harding to approve the minutes as read. All in favor.

Approval of Finding of Fact:

Paul Irish, 431 Northeast Road, Map 40, Lot 20-Site Plan Application for an accessory apartment

Mrs. Harding made a motion seconded by Mrs. Beckwith to waive the reading. All in favor. Mrs. Harding made a motions seconded by Mrs. Martin to accept the Finding of Fact. All in favor.

Gregory D. Smith,74 Wards Cove Road, Map 50, Lot 117-Shoreland Zoning Application

Karl Jacobson,44 Maine Avenue, Map 48, Lot 25-Shoreland Zoning Application

Mr. Libby made a motion seconded by Mrs. Harding to waive the readings of the remaining Finding of Facts. All in favor. Mr. Libby made a motion seconded by Mrs. Harding to approve the remaining Finding of Facts. All in favor.

Old Business:

Acres of Wildlife, Pequawket Trail, Map 11, Lots 1-4-Site Plan Review

Mr. Benson said that they have asked to be tabled again. He said they have not completed the septic designs. He said the bigger problem is the structures they have already built and are they dwelling units? If so, than this would trigger subdivision. He said he is trying to figure out a way to approve these rental units without making them meet subdivision and road requirements. He said they are trying to help them as much as possible to come into compliance. They are not in compliance with a few building permits they never applied for. He said they are renting structures which are dwelling units. He has also asked them to seek an opinion from DEP and what they think.

Mrs. Harding said she felt with the applicant not present, this should not be discussed. She asked if they had a time limit. Mr. Benson said that the Board and the applicant had to agree to table this and they had to agree to a certain date. He said this application is not an easy one to resolve with all of the problems with it. Mrs. Billington said she felt the Planning Board is not the right Board to make the decisions for this application. She said she feels that it can be tabled forever and still a decision not be reached.

Mrs. Billington asked if the Board might want another workshop. She said she feels this is a fabulous facility and services a lot of people. Mr. Benson said that in order for this to be approved as a campsite, they would have to remove the stoves from the structures. He said this would not be a good solution because people would bring in other sources to cook with and it might be very unsafe. Mrs. Harding made a motion to table this for another month. She said if they are ready next month, then okay. The motion made by Mrs. Harding was not seconded. A motion was made by Mr. Libby to table this application to a workshop in two months. This was seconded by Mrs. Harding. All in favor.

St. Joseph’s College, 278 White’s Bridge Road, Map 20, Lots 7,7B,8,9- Site Plan Application, Proposed Westerlea Way Athletic Complex

Jim Seymour was present to represent the applicant. He gave a brief over view of what the college is attempting to do with the building of the Westerlea Way Athletic Complex. He said they have gone to workshop twice now and the last one was to address the possible traffic issues as related to Westerlea Way and how it would affect the abutters there.

He said they have made many different and improved plans. He feels that DOT has reviewed and presented what they needed to for all traffic issues and reports and he said they feel they have resolved all those issues and done what they were requested to do from the Board.. He said he had spoken to Diane Morabito and she was in full agreement with all of the studies. He read the following statement:

Written Response to read into the record: Standish Planning Board 2-1-16

“In retrospect to discussion held at the January 25 Planning Board workshop the College has discussed with all its departments, about potential use of the Westerlea Way parking lot, and wants to be clear about a few answers given to neighbors from their questions raised at the workshop.  To the question, “Will there be overnight parking?” The answer given was no.

The fact is that there will be no permanent overnight parking for residents, however there will be a need to use the parking in some scenarios for flex overnight parking. And those are the following, but are not limited to; allowing temporary overnight parking during winter snow removal, or for temporary overnight parking for routine maintenance on some campus lots, or for temporary short duration storage of vehicles for flex-convenience. There will be no allowed permanent overnight residential parking. Parking areas are a major resource and investment for a College and to maintain the ability to use their resources is important asset and need. We responded to in the neighbors comment, interpreting that they meant permanent residential overnight parking, and wish to be clear about the need for this parking lot to provide flex parking opportunities, which may involve temporary overnight use.

During the day the same lot could be made available to commuters when not interfering with planned sports events.

The Second question, “Will the Westerlea Way access into the Alfond parking lot be allowed for ingress and egress?”  The answer was given that the gates would prohibit all access.

However, based on conversations we have had recently with the Town of Standish Fire Chief, it has been explained that he would request uninhibited access from Westerlea Way at all times, through the driveway into the Alfond Parking Lot.

Thereby the College has determined that it would need to eliminate entrance side gate arms for vehicular entrance or exit.

The College could not impede its own responsibilities for public safety and or restrict its allowed rights for public access to Westerlea Way for ingress or egress.

The College would not promote access via signs to use Westerlea Way for the Alfond lot, but cannot prevent access to use Westerlea Way either.

Emergency vehicles would have the ability to enter or leave as has been requested, and the College would equally have unimpeded access in an emergency situation for the public, if their main campus entrance, or access roads were impeded or disabled for passage during an emergency.

During the exiting of vehicles attending sporting events at the Westerlea Way Athletics Complex, the Alfond Lot –Westerlea Way driveway would be manually controlled with traffic devices such as cones, drums, saw horse or similar manual removed safety barriers, to assist in traffic direction and flow.

Finally the Planning Board must understand that Westerlea Way is a private way, that is owned in fee by the College and that the College has no documented encumbrances or hindrances for their preferred use as long as it does not unreasonably prevent or block access to the residents using the same private way. The College wishes to respect their neighbors of Westerlea Way, and as such has self-imposed certain policies to reduce perceived traffic impacts.

The submitted traffic studies, and design have incorporated plan revisions and measures to promote safety, timely exiting strategies, and mitigate immediate impacts on their neighbors be it visual buffering, queuing concerns at Whites Bridge Road, providing ample public notice and signs to clarify the private uses beyond the proposed athletic complex, propose widening of the travel way for easier two way traffic, posting for no parking on both sides of the way through the event zone, moving parking access to the furthest extent possible away from residents property, and further restrict parking lot usage as previously stated.

We concur that the College has an obligation to meet safety and not impose barriers or unreasonable impedance of passage for residents, but the first obligation of the College is to provide safety to its own students, employees, and visitors. A second unimpeded entrance to the campus is fundamentally necessary for public safety and emergency response, and is an axillary benefit for the public community for uses of the recreational, and academic programs offered by the College. This will also provide access to abutters through the College campus in the event of an accident or emergency at Westerlea Way and whites bridge Rd intersection.

We have provided evidence that the large game events are the worst case scenario with a large and perceived mass exiting following a game/event. Clearly, an unimpeded entrance/exit for a daily commuter or the general public to Alfond Recreation Center through Westerlea Way will not violate any of the private way rights, or self-imposed policies for public safety the College has committed to with the construction of the proposed Athletic Complex project, or to the existing downstream neighbors of Westerlea Way. Please also note that in 2007 this same access was approved unencumbered by any controls or gates, by the Planning Board as part of the Lakeside Residence which was never constructed.

We are confident that we meet the intent and requirements of the Towns land use ordinance as it relates to traffic and parking, and we have self-imposed policies to address concerns raised by our neighbors.

We truly believe that while changes are difficult, they are necessary, and in the end beneficial for the good of all. We feel the changes and new uses brought to Westerlea Way are vast improvements, and will allow private and public access to co-exist sensibly and safely.”

James Seymour PE

Jim mentioned that the Westerlea Way parking lot could be used for commuter parking during the day and as long as it does not interfere with college events. Mrs. Billington asked who wrote the letter and Mr. Seymour said he did. He said they just wanted it to be on public record. He said he doesn’t feel there are any other things to go over as they have done everything they have been asked to do. He said they did talk to Bill Bray today and there is one other thing to put on the plan about traffic concerns over Westerlea Way.

Mr. Billington asked if the Board had any other questions and Mrs. Harding said she was ready to make a motion to approve this. She said the letter Mr. Seymour just read completely changes things. She said she was referring to the gate and she was under the impression that the gate would be closed at all times. She said she has some more questions and is sure the residents of Westerlea Way will probably have some concerns and questions now too. She said that she doesn’t buy that the gate being there would impede anything and wouldn’t hinder an emergency situation. She said she worries now about the safety in the parking lot and also for the people using Westerlea Way.

Mr. Seymour said there might be, at an event, 150 cars using that road for that one time. He said if you stretched that out over a period, there would not be any worry about safety or traffic. He said there is not a lot of commuter traffic and they are not talking about hundreds per day. Mrs. Beckwith said if she had a child going to the college, she would not want the gate. She said due to safety, she felt that would hinder someone getting out. She said the Fire Department is telling them not to put a gate there and she feels they have beat this issue to death. Mrs. Harding said that she feels a gate would be okay as long as it’s one they can bump and not have to stop and unlock.

Mr. Libby said he feels they have more issues than a gate. Mrs. Billington agreed and said they have received a memo from Diane Morabito from DOT. Mr. Benson said that Mrs. Morabito had explained her answers to the questions posed due to traffic. He said the phase one they are proposing is very safe and maybe with phase II they would need a right hand turn lane and some other traffic control issues then, if there are any. Mr. Benson said a study will be done for phase II when they get to it. He said in the long run, the Fire Department does not want a gate placed because of situations that can arrive. He said there are Standards and they will get to these to see if they meet these Standards. Mrs. Harding asked why the college is able to just have one entrance now and if this is such a big deal, why are they so opposed to having a gate? She asked why there is only one entrance.

Mr. Seymour said that’s part of the problem and any application they have come to the Town with, the Fire Department has always asked them to have a second entrance and exit. He said this would solve the problem. He said this access has been there forever, but never been used or accessed. Mr. Libby said the first approval they did back in 2007, but never built, would have accessed over Westerlea Way. He said the approvals lapsed and they did in fact have a second entrance/exit when the application was approved. Mr. Libby said the Fire Department is high priority. Mrs. Billington said she has a copy of the Standards and what they would be approving if anyone would like to take them. She said the College can do what they want with their land because of basic land rights and the Board has to stay within their parameters. Mr. Benson said the land under Westerlea Way belongs to the College and the residents that live on the end, have a right of way over the College’s property. The College owns the road and have the right to have total access over it. Mr. Libby said they do own everything across there and they have right to use it, not be restricted by it.

Ron Wilson from 130 Westerlea Way spoke. He wanted to know about the commuter parking coming up. He said there was nothing about it in the workshop. Mrs. Billington said they had talked about many things in the workshop and it was agreed to gate it and keep it limited. That has been thought through more and the fire department is asking for an uninhibited entrance. Mr. Wilson said that a gate can be put up and they can get out and open it. He said they have access to Westerlea Way and also to the College. He wonders why they have just one entrance too.  Mr. Seymour said the Fire Department, in past applications, have asked for a second access so this is nothing new. Mr. Wilson said he still maintains that a gate can be put up and have a latch. He said it doesn’t have to be locked and can be put up without being damaged. Mrs. Billington said that she thinks they don’t need to have further discussion and go round and round about the gate. Mr. Wilson said this is his concern. Mrs. Billington said she understands and others need to speak also.

Mrs. Billington said they are now faced with a lot more other than just access through Westerlea Way. Mr. Seymour said these added would be flex uses, so if they have over flow and need to access this parking lot, they can do it. They want to reserve the right to use their own property. Mr. Seymour presented they could use gates and the Fire Department says no gates. Mrs. Harding said they do not want a chained/locked gate, which an uninhibited access does not have a gate at all. Mrs. Billington read an email from Diane Morabito about traffic control and access. She said that they were proposing an uninhibited access also.

Roland Mercier from 101 Westerlea Way spoke. He asked if the Board was considering a final approval or a preliminary approval. Mrs. Billington said a preliminary approval is an approval based on some other agencies providing the Board with information. The decisions made tonight from the Board will stand unless some of the DEP approvals change. He asked if the Fire Department had filed a report and Mr. Benson told him yes. He said he is concerned about the application and their financial capability and can they afford this. He said he doesn’t know the total cost of the project and if they do know this number, are they capable of doing the complete project.

Mrs. Billington said that there is no way of knowing the entire cost and the applicant has put a note on the plan saying about financial capacity: she said they will submit costs along with each phase of the project when they are ready to proceed. She said they didn’t have to put it on the plan, but they have. When they decide what they are going to do from the blue prints, then they seek what the cost will be and go from there. She said she feels that it’s not fair to guess what the costs are until they are sure how they are going to build and what. Mr. Mercier said it’s his understanding that the standard talks about completing the project and stating financial capability up front and not in phases.

He said there have been some discussions about many things at the workshops and thanks the applicant for all they have done to come to some agreements about. Mr. Mercier said the residents would like the turning lane right up front and not have another study done down the road. He said they need enough ways to get out and feels the turning lane would be a tremendous help. He said with respect to the comment made at the workshop and today, it was stated that the parking lot at the Alfond area is now going to be used to exit onto Westerlea Way. He said that if they park there they would want to exit onto Westerlea Way also and that shouldn’t be allowed. He said it will cause too much traffic flow and congestion. He said he wants to know about the traffic study and were the cars coming off Alfond taken into consideration coming onto Westerlea Way. Mrs. Harding said she feels he is mistaken as that isn’t what was said.  She said when they have large events they are going to have traffic control there and this is stated on the plan. She said that no one will be coming onto Westerlea Way at that point. They will be routed through the college.

Mr. Mercier asked if the threshold at events was 150 cars as he thought that number is high before traffic control would happen. He said he thought the parking lot held just 80 cars or maybe a few more. Would the people doing traffic control be trained, and would they be paid a few bucks an hour. He said he hopes they are trained professionals and if not, then the parking control will not work. He asked about the procedures and the abutter’s right to quiet in their neighborhoods. He said he heard at the workshop that events will go on until 11pm. He said the neighbors have rights to be able to enjoy their property. He thanked the College for everything they have done.

Dana Lampron from 129 Westerlea Way spoke. He said the neighbors have a problem with the phasing. He asked about the letter stating financial capacity and who did they turn the letter into stating they were set with the money. He said he feels when they make an approval, they will make an approval and it will be final. He said if DEP has no issues with this application, then he feels it will not come back to the Planning Board. Mrs. Billington and Mr. Benson told him this is a preliminary approval and if the rest of the agencies involved approve, then a final approval will be done. This happens as long as the other agencies do not ask for any changes. Mr. Lampron said this is pretty much a done deal. He said the college told the Board they didn’t have the money if they were approved but would have to raise it before they could start phase one. He said he has never been able to do that and had to have money up front before he could start.

Mr. Lampron asked who they needed to give the financial capacity to and Mr. Libby said they have to turn it into the CEO. He asked how long they had to start after approval and Mr. Benson told him they had 18 months to make a substantial start. He told him that if they get a substantial start on phase one and wrap it up, then they can start phase two without coming back to the Planning Board. Mr. Lampron said if they do phase one, they can start phase two without coming back to the Board and they can cut all of the trees they want. Mrs. Billington said they can clear cut if they wanted as it’s their property and they can do what they want with it. Mr. Lampron said typically if something is under review, they can cut nothing until approved. Mr. Benson told him this would happen only if they were cutting the designated buffer area. He said if they were pulling stumps, they would have to stop because that’s where the erosion of the soil would start.

Bob Joslyn spoke and said he agreed with the neighbors. He asked if the funding is in place in total for the project the College is asking for approval for. Are finances in place or is it going to be done a little at a time. What does the ordinance say and what is the requirement. Mrs. Billington said the applicant has provided financial capability to complete the project. Mr. Joslyn asked how much as this question was never answered. The applicant is setting this up as they have requested it to be this way.  Mrs. Billington said the financial capability has to do with how the project impacts the community, lights, etc. She said the phasing does not depend on the financial capability as they are two completely different things. She said they can complete phase one but never have to do phase two if they chose not to. Mrs. Harding said they are doing the project in phases as they have enough to do phase one, but not might have enough to do phase two. The Board has asked them to complete one phase before they start another one. Their money is raised through grants, donations and fund raising. 

Mr. Seymour said that they are requesting phases also because of their approval through DEP. They have time limits and DEP also wants to see the entire project finished as they do also. Phase one will be around four million dollars, which they have and then when they want to begin phase two, they will show their financial capacity for that when the time comes. He said they may not get to phase two before this expires and they might come back to the Town. They hope this doesn’t happen, but Mr. Seymour said it might. He said it might be five or six years, but they are trying to be up front with the Town and everyone.

Mr. Seymour said that they are making improvements on the turning lane onto Westerlea Way on phase one. He said they are widening the road and that should help substantially. They are also improving the sight distance back towards the college. The Town has an engineer that will be on site to make sure the safety and the lane are okay for everyone. He said they are taking every precaution now and avoid going back after phase one is done and re-evaluate the traffic. The more they can do now, he said is better. He said during events, there will be traffic control. He was the one that chose the 150 cars at an event. He said that seemed to be a good number to compare to the mass gathering ordinance. During regular events, Alfond traffic will go out through the main campus. During large events, they will be able to exit through the campus and through Westerlea Way.

Dana Lampron spoke and he said he appreciates the plans done. He spoke about the turning traffic lane and he said the Board will never go down and look at it. He said they will not know if there is a problem or not and if someone is asked to look at it, will they? He said the Board is never going to get another look at this plan no matter what. He said this looks like a ten year plan and this is not how it usually goes. He said something may crop up after this is approved and the Board wouldn’t have any opportunity to revisit this. Mrs. Billington said this really isn’t any different from any other plan they have looked at, except that it’s many millions of dollars more. She said this is the same process as any other site plan and it’s something the applicant is proposing to do. She said they do not have policemen out watching to see if the applicant is adhering to every rule. She said upon completion of the project, there is someone that goes out to look at it and if they haven’t done what they were supposed to, then they are not compliant and action would then be taken.

Mrs. Billington said if the traffic is not working like it should then the residents would have to be the ones to come to the CEO and let him know what’s not working and ask him to please have a look at it. Mr. Lampron said he had never seen an applicant come to any town and have something approved without having the money already. Mr. Seymour said the engineer and peer review will look at the traffic in 3 years and anything that needs to be fixed, will be done then. He said if they do not fix the problems, then they are out of compliance. He said that they see phased sub divisions all the time. Some have two or three different phases and the Board agreed they have seen a lot of them. Mrs. Harding said even if they just complete phase one, it looks fine by itself. The important thing she said, is that they complete one phase at a time and then move forward. She said the College has done what they were supposed to. She said she is not convinced a turning lane is necessary. She said she has never seen very much traffic at one time on the White’s Bridge Road. She said she is still stuck on the gate. She says she sees the safety issues also. She said this will be a big change for people that live on Westerlea Way as the traffic will increase. Mrs. Billington said they need to get to the standards and debate each and every one of them.

Yvonne Berry, Vice President and Chief Financial Officer to the College spoke. She thanked the Board for doing their jobs and she also thanked the neighbors. She said she doesn’t have scientific data to support her facts, but there are about 1000 students on campus. She said at worst case, you have 600 cars coming and going from the campus each day. She says she has yet to see more than 2 or 3 cars at the sole exit of the campus. She said she feels the traffic issue has been blown out of proportion. She said she speaks for the President of the College and he thanks everyone also for the job they are doing.

Mrs. Martin asked if the traffic study considered the Alfond Lot, would it have an entrance and an exit sign. Mrs. Billington said the studies were done for a bigger event with cars coming and going at all different times. Mrs. Martin said she understands that traffic will exit Alfond only on big events.

Mr. Libby made a motion seconded by Mrs. Beckwith to find the application complete. All in favor.

Mr. Libby said they should go down through the Standards for Approval.

§ 181-73. Standards and conditions for approval.

 No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.

A.     The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto  adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.

The college will perform traffic monitoring of 150 cars or more on Westerlea way at Whites Bridge Road after phase 1 is complete to determine the need for a right- turn only lane on Wes1erlea Way. This monitoring will occur at three separate major events and will include queue lengths and occurrences of vehicles trying to slip by on the right at this intersection.

  For events where the number of cars parking at the Westerlea Way sports complex is anticipated to exceed 150 vehicles. The College will provide qualified traffic control personnel to ensure safe and expeditious flow of traffic exiting the facility. Such traffic control will follow the Colleges own policies and measures as recommended in 'their event parking and access management plan", which is an open document, subject to revisions by the college at its discretion.

  No campus related parking shall be permitted on the portion of Westerlea Way that is owned     by the College or on any public roads abutting the College.

 There will be no installation of a gate.

Mrs. Martin made a motion seconded by Mrs. Libby that Standard A has been met. All in favor.

B.       The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.

Per code section § 181-123, the College shall pay an $1800 street light impact fee to the Town to cover street light improvements at the intersection of Westerlea Way and White’s Bridge Road prior to the issuance of any building permits for the project.

  Per code section § 181-123, The College shall pay a $5,576.34 Road impact fee to the Town to cover improvements to White’s Bridge Road prior to the issuance of any building permits for the project.

Applicant shall obtain a capacity to serve letter from the Portland Water District for the extension to the new facilities, prior to issuance of a building permit for the project.

Mr. Libby made a motion seconded by Mrs. Beckwith that Standard B has been met. All in favor.

C.        The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.

    1.    The Westerlea Way athletic complex will adhere to the noise standards of the Town of Standish as noted in chapter 206 of the code of ordinances. The College will employ and install noise limiters or noise and light pollution. Compressors to control broadcasted or public address systems volume of noise. Such noise limits will comply with the allowable daytime and nighttime decibel limits as well as aim all broadcasting speakers, or other amplified equipment, such that the sound is directed and aimed away from abutter's property. No public address or broadcasting (other than for emergency) will occur before 9 am or after 8 pm unless there is an appropriate public notice accepted by the town in the advance of a special planned event.  In addition it is the intent of the college to preserve the wooded nature of a minimum 50’ strip of land along the property boundary with abutters around the fields and manage it as woodland. This does not include along Westerlea Way right of way through the college.

Mr. Libby made a motion seconded by Mr. Willette that Standard C has been met. All in favor.

D. The site plan adequately provides for the soil and drainage problems that the development will create.

All municipal approvals shall also include conditions and requirements as placed on the College’s state - amendment to the site location of development application as approved by the Maine Department of Environmental Protection or by any other required state of federal permits.

  No tree cutting will commence on a phase of the project until the Town has received and accepted financial capacity documents indicating that the college has financial commitments to complete construction of the phase it will be cutting in.  A pre-construction meeting with the Town, the College and/or representatives, and the selected contractor, shall be held to review construction and phasing tree clearing limits prior to commencing construction activities.

  During construction, the College shall retain Sebago Technics to inspect and document the construction and stabilization of all stormwater structures.

Mr. Libby made a motion seconded by Mrs. Beckwith that Standard D has been met. All in favor.

E.    The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.

Collegiate conference games at the Westerlea Way athletic complex are to follow the following nighttime schedule:

On days Sunday through Thursday - no game shall start after 8 pm, and all will be advised to end by 10 pm, unless otherwise required by the NCAA for official extended/ overtime play.

On days Friday through Saturday- no game shall start after 9 pm, and all will be advised to end by 11 pm, unless otherwise required by the NCAA for official extended/ overtime play.

 All broadcasts will stop at 8:00pm

Mr. Libby made a motion seconded by Mr. Willette that Standard E has been met. All in favor.

F.    The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

          1.     For the purposes of construction the project shall be conducted in phases in accordance with the phasing plan submitted with the final plans dated 1/19/2016. Each phase shall submit proof of financial capacity and commitment prior to commencement on any start of a phased construction.  Any alteration of the phasing limits and details shall be coordinated through the Town's planning and code enforcement office prior to any commencement of work beyond that authorized by the Town permits.

Mr. Willette made a motion seconded by Mrs. Beckwith that Standard F has been met. All in favor.

G.        The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.

For events where the number of cars parking at the Westerlea Way sports complex is anticipated to exceed 150 vehicles. The College will provide qualified traffic control personnel to ensure safe and expeditious flow of traffic exiting the facility. Such traffic control will follow the Colleges own policies and measures as recommended in 'their event parking and access management plan", which is an open document, subject to revisions by the college at its discretion.

  No campus related parking shall be permitted on the portion of Westerlea Way that is owned by the College or on any public roads abutting the College.

Mr. Willette made a motion seconded by Mrs. Beckwith that Standard G has been met. All in favor.

H.      The proposed development has made adequate provision for sewage disposal.

Mr. Libby made a motion seconded by Mrs. Martin that Standard H has been met. All in favor.

I.        The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.

  Collegiate conference games at the Westerlea Way athletic complex are to follow the following nighttime schedule:

On days Sunday through Thursday - no game shall start after 8 pm, and all will be advised to end by 10 pm, unless otherwise required by the NCAA for official extended/ overtime play.                  

On days Friday through Saturday- no game shall start after 9 pm, and all will be advised to end by 11 pm, unless otherwise required by the NCAA for official extended/ overtime play.

All broadcasting would stop at 8:00pm

Mr. Libby made a motion seconded by Mrs. Beckwith that Standard I has been met. All in favor.

J.        The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

  Applicant shall obtain a capacity to serve letter from the Portland Water District for the extension to the new facilities, prior to issuance of a building permit for the project.

Mrs. Martin made a motion seconded by Mrs. Beckwith that Standard J has been met. All in favor.

K.     No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.

Mr. Libby made a motion seconded by Mrs. Martin that Standard K has been met. All in favor.

L.         Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Village Center District shall be compatible with a Colonial New England design. Such design can be achieved by incorporating features such as, but not limited to, broken rooflines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, window shutters.          NA

M.     Within the Standish Corner District, the plan must meet all of the following additional standards:        NA

Preliminary approval of application given.

New Business:

Shaw Earthworks, P. O. Box 314, Gorham, Map 5, Lot 70(Pequawket Trail), Boyington Pit,-5 year gravel pit renewal application

Brian Shaw was present to represent himself and his brother, Brad. He said they have this pit under contract and this is contingent on being able to get this pit renewal. He said they have some things they need to clean up and remove. He said there are several abandoned vehicles and the pit has not been used for a few years, except for some storage.

He said the pit is internally draining and felt this is a good thing. He said they have a pit in Windham and are in good standing with the Town. They would like to eventually expand this pit and know they would have to gain approval by DEP.

Mr. Benson said the DEP approval to Rodney Boyington had stated they needed to do some more monitoring wells, as these elevations have not been reported for a while. This would determine where the water table is. He said there is a five foot separation at the present and one of the issues with this pit has been some water. He said Mr. Boyington was trying to get a variance so he didn’t have to fill that gap in.

Mr. Benson said they are asking for a re-approval as to what Rodney Boyington had previously. Mr. Libby said for re-approval they would need to bring the pit back into compliance. Mr. Benson said he wouldn’t go any deeper. Mr. Shaw said they could fill that area in or go to DEP for a variance. Mr. Benson said this does take some time to do. He said they just want a re-approval. Mrs. Billington said the conditions of approval from 5 years ago would carry over to this approval. She asked about a site walk and Mr. Libby said he felt one was not necessary. Mrs. Billington said with winter, this could be difficult. Mr. Benson said he had gone out there today and could see no apparent changes and there is an already adequate buffer. If they were going to do any blasting, they would have to get a permit from the Town.

Mr. Shaw said DEP was out to the pit in 2013 and there were some minor issues that have since been corrected. Mr. Benson said there is one vehicle on the property by the gate. Mr. Shaw said they are planning on cleaning a lot of the junk up and getting it hauled away. Mr. Shaw said that there is an estimated stockpile for reclamation and they have about 20,000 yards there already. Mr. Benson said they would need a letter of credit and the attorneys would need to review it. Mr. Shaw said the gravel pit ordinance states you can use a bond or a letter of credit. Mr. Shaw said they were fine with that and will put $200.00 into escrow for the attorney’s review.

Mr. Benson said that all of the standards previously had been met and felt no need to go over them again. He said looking at the pit today, nothing had really changed at all. Mr. Shaw said the pit is approximately 400-500 feet from Watchic Lake. He said there is a stream that runs by the pit towards the inlet to the lake. He said there are some wetlands and shoreland zoning involved. Mr. Shaw said that all of the internal water draining is going into the ground.

Bob Joslyn an abutter spoke. He said that the distance from the pit to Watchic Lake is around 400 feet or maybe a bit more. He said that his thing is to protect his own property values and the lake. He said this pit has a lot of history. He said this pit has had a few owners. In 1999 the Town had issued very specific regulations on this pit pertaining to noise and rock crushing. He said the Town had stipulated that the only rocks could be crushed were on site only. He said the wells were required to be done 9 times a year and this seems to have fallen through the cracks.

Mr. Joslyn said that the junk vehicles are more than one, but he wasn’t sure. He said the pit is closed and Mr. Libby said technically no. He said in the file there is a letter saying the pit is closed. He said the Shaw’s were inheriting some problems on the property and Mr. Shaw told him he was well aware of them. Mr. Joslyn said the pit is still owned by Rodney Boyington.

Russ Wiggin from 241 Pequawket Trail spoke. He said his concerns are that this is an abandoned pit and he is not sure what the conditions of the pit are. He said he hopes the land is properly reclaimed and hopes it will be restored and cleaned up. He said he hopes that this will not be used for target practice, used by four wheelers and such. He said those people usually cross private land to use the pit. He hopes that some kind of monitoring will be used so people can’t destroy land and also his land.

Mr. Benson said that Mr. Shaw should try and answer the neighbors’ concerns. Mr. Shaw said there is an older storage trailer and a bunch of culverts that need to be removed and disposed of. He said there is stuff but not trash like household trash on site. Mr. Benson said the pit has been inactive for a few years and Mr. Boyington didn’t come back for his 5 year renewal. He said there is no need to close the pit unless there is a plan to close it and reclaim it. Mrs. Billington said that in this review some reclamation needs to be done and she knows they have plans for the future to expand. Mr. Benson asked Mr. Shaw if there are any areas in the pit that can be reclaimed now and he said no. He said a couple of the areas were close but there was some stuff that needed to be moved for that to happen.

He said they wanted to get back to one spot and then start reclamations on the slope. Mr. Benson said they do not want to take over the pit until they have a bank letter of credit in place. They would like the approval contingent upon them buying the pit. Mr. Libby and Mrs. Harding agreed. Upon approval of this application, the approval would hinge on the sale to the Shaw’s. If the sale were to fall through, the approval would become null and void.

Mr. Joslyn spoke and said the prior conditions of approval would go with this approval also. Mr. Benson said the old approval would follow anything they approve on this tonight .Mr. Libby said the new crushers are much quieter than the older ones. Mr. Joslyn asked about the deal and it not going through, would the Town take the money from Mr. Boyington and reclaim the pit. Mr. Benson said that would be up to the CEO.

Mr. Libby made a motion seconded by Mr. Willette to find the application complete. All in favor.

Mrs. Harding said this would be one of the first gravel pits they have not done a site walk on. Mr. Benson said they do site walks on new applications and there really isn’t much to see. Mr. Libby said that this pit hasn’t taken much out lately. This pit is about 7 acres. Mr. Benson said a site walk could be done but it’s up to the Board and Mrs. Billington agreed. Mr. Libby said he doesn’t feel they need to do one. Mr. Benson said they need to keep an eye on the monitoring wells and will probably have to reapply to DEP for this. He said there was a catch basin someone had used previously to draw water from. Mr. Benson said he could see the water at the bottom of the pit and he said it was obvious they were very close to the water table. Mr. Shaw said when they back with a comprehensive plan, he hopes they can come in with a DEP approved plan.

Mr. Libby said the pits are tested every year and Mr. Benson said yes. Mr. Shaw said they should be monitored frequently and have a good set of numbers to go by. Mrs. Billington asked about reclaiming before they do any expansion. Mr. Benson said the bank towards the stream is close to the limits and they could do some digging before starting reclaiming. Once they reclaim an area, it cannot be reopened. Mr. Benson said there are 4 acres of open pit now. Mr. Shaw said they will use the pit floor right now and as they get started, they will get what they need to out and then start filling in.He said they dig first and reclaim after.

Mr. Joslyn asked if the sale doesn’t go through, what happens to the approval, if done. Mr. Libby said the approval would become null and void. Mr. Shaw said right now he is the agent for the pit with Mr. Boyington’s approval. If they take over the pit, the pit will belong to Shaw Earthworks. The pit would not be able to have any operations in it until they have purchased it. Mr. Shaw said their bank closing is contingent upon this approval.

Mr. Libby made a motion to approve this application with the conditions of approval as stated on Mr. Benson’s memo. Added would be this approval is contingent upon the sale of this pit to Shaw Earthworks. If the sale falls through, this approval would be null and void. This was seconded by Mrs. Martin. All in favor.

Meeting was adjourned at 9:50pm