Standish Planning Board Meeting Minutes

Meeting date:

Monday, December 6, 2021

Standish Planning Board

12/06/2021

Charles Brown

0:00

The Board works from a prepared a agenda. We have about four or five items to take care of. Basically, there are three finding of facts, approval of meeting minutes from November 2. And then we'll move into new business which we have two items .

Charles Brown

0:40

The applicants have the burden to prove to the Board that their application is complete, and that the application meets all applicable Town standards. Any person wishing to address the Board may do so in accordance with the following procedures. We'll open the meeting for the public hearing, the applicants will present their project, the Board will ask questions and take comments and hear the responses.The hearing will then be open to the public for their comment and their responses. And public hearing will then close for deliberation and vote on the project. Following this decision on the application either towards the end of the meeting or at the board's next public meeting, the board will prepare and adopt the written decision that will be mailed to the applicant.

Charles Brown

1:41

The Board may receive any oral or documentary evidence but such evidence is restricted to the subject matter of the agenda item. The Board shall exclude irrelevant, immaterial, or duly repetitious evidence.

Charles Brown

1:58

Citizens shall refrain from interrupting other speakers the meeting is being tape recorded. It's very difficult to hear what is being said when multiple people to speak at the same time citizens shall avoid person attacks and conduct themselves in a civil courteous manner expected of all meeting participants. Speakers should address questions through the chair. Speakers shall not attempt to engage in a debate with other meeting participants.Therefore, we need a declaration of a quorum and we have six members present. The first item will be the approval of the minutes for the November 1, 2021 meeting. Mrs. Whittemore made a motion seconded by Mr. Struebing to approve the minutes as written. All in favor.

Charles Brown

3:29

We have three finding of facts and the first one is for Wood Aggregates, LLC, which is a 126 acre gravel pit application approved at the last meeting. Mr. Nappi made a motion seconded Mr. Struebing to approve the Finding of Fact. All in favor.

Charles Brown

4:42

Second FInding of Fact is for Geoff Height, which was a Shoreland Zoning Application, also approved at last month's meeting.This application was for a new single family home on 10 Rocky Shore Avenue. Mr. Wright made a motion seconded by Mr. Struebing to accept the Finding of Fact. All in favor.

Charles Brown

5:54

The third Finding of Fact is for Damian Cummings for a two lot subdivision. This property is located on Richville Road. Mr. Struebing made a motion seconded by Mr. Nappi to approve the Finding of Fact. All in favor.

Charles Brown

7:09

The first item of new business is Standish BE Solar,LLC located at 25 Bonny Eagle Road. This application was previously approved in 2020 and they are here to ask for an amendment to the prior approval. Andrew Vardakis from Soltage,LLC is here to represent the applicant.

Andrew Vardakis

8:12

My name is Andrew Vardakis and I am a civil engineer and project manager for Wood Engineering Firm. We are here on behalf of the applicant for the project Soltage, LLC. They could not be here in attendance tonight. So I'll be speaking on their behalf. We were here before the board last May 2020. We filed a site plan review application for this project on Bonny Eagle Road. This plan was filed and approved last spring in May or June. So since that time, we had done some further site identifications and observed some additional wetland areas in the property on the center of the lot. So this is the old layout of the plan that had a 20 or 19.9 acre limit of disturbance. We received a stormwater permit by rule for this project through Maine DEP. So once we discovered these areas, we wanted to redesign the project to avoid the wetlands and avoid any wetland resource areas. So when we came up with this new revised plan, it still has the same 19.9 acres. So the center of the place or if anyone can't see this, but the center of the site was where the wetlands were discovered. So what they have decided to do is to take that one large array and basically split it into two. So there's one southern array area here, and then there's the wetland area in the center, and then a second array to the north. So previously the solar array was surrounded by one chain link fence. Now there's two chain link fences around the southern area and the northern area. So when this first came to light we reviewed this with the client and with Maine DEP. So the course of action was decided to file a new stormwater Permit by Rule with the State. So we went ahead and did that this past summer and received approval on this new layout from the State.

Andrew Vardakis

10:29

We were in touch with the Town Planner, both current and previous about the next course of action with the Town. Given that the previous site plan was approved, based on the old layout, we wanted to make sure we have the most current layout for the Town. That's the reason I'm here tonight speaking to the Planning Board.

Andrew Vardakis

10:47

Does anyone have any questions?

Charles Brown

10:55

Scott,would you like to add anything?

Scott Hastings-Planner

11:00

He said that it's basically just reconfiguration of the plan which is already approved. It just moves the panels up on the higher ground, which is more suited for it as less environmental impacts. All the other things that we've looked at the last approval remain the same, the size of the parcel, the amount of disturbed land, they've already updated with the different traffic impacts and are all effectively the same. So it's pretty straightforward. As much as it looks dramatic on the map, the actual impacts are effectively the same as the location of the road by an already existing logging access way. So even that isn't really going to involve all the previous plans.

Charles Brown

11:55

What about questions, thoughts?

Andrew Vardakis

11:59

So each area is going to be encompassed with a fence. It is just one road that's going into a fenced in area in the same place, exiting that and going into the next fenced in area. The theme is utilizing the same kind of plan. So instead of having one set of gates, there'll be two. So each array will be gated and locked as the previous one. Now each one will be individually gated. So the same road will go in, they'll be a turn around at the back. And then the same road will be the exit.

Andrew Vardakis

13:01

Here's Bonny Eagle down to the south, and the existing logging road, heads up to the north here. These wetland flags are all throughout the middle here. There's a bunch of flags throughout here and then it gets wider as it goes downstream. But we just wanted to make sure to avoid this area that was smack dab in the middle of the array. So we were able to achieve that by pushing the array a little bit further further south and a little further north. As you can see there's a floodplain area that goes off to the left here. So basically the wetland passes through the site here and gets wider.

Charles Brown

13:49

The majority of that access road is enough land that you have just too small crossings that you've crossed the wetland correct and those are existing culverts that are already inside there. You are just utilizing the same road.

Andrew Vardakis

13:58

That was another reason to use the same road. We didn't want to construct new roads through wetland with new culverts and new crossings we're just going to utilize exactly the same thing there.

Charles Brown

14:17

Anyone from the public like to speak on this

Charles Brown

14:36

We have to determine whether the applicant has a complete application

Charles Brown

14:57

Have you seen the permit by rule information? Do you have an estimated time ?

Andrew Vardakis

15:20

Practically, I don't. So the story with Soltage and CMP is all of these projects have gotten delayed. There's a lot of area studies going on, things that I'm not involved with as a civil engineer and site permitting manager. A lot of these projects are on hold, they're waiting to hear in those areas when they can get started. So I don't have a definite answer for that.

Charles Brown

15:59

Have all the conditions been met from the first submittal?

Andrew Vardakis

16:04

I believe so. There was some in there that had to do with sight distances and things. I believe all the other conditions have been met. However, typically this way Soltage operates with other municipalities, they have a permanent set of drawings like this. And then when they come for their building permit, they'll utilize this drawing as a construction level drawing for their contractor. So if there's any other remaining conditions that have not been met they can use this drawing for their permit.

Charles Brown

16:38

I remember discussion at the last meeting where the applicant agreed to provide a survey with metes and bounds on it so we could know what the extent of the facility was, I don't see any metes and bounds on any of these drawings.

Andrew Vardakis

16:54

Yes, that is being done. As a separate drawing, they are currently completing a survey that is also being run through through my company. So this survey was not provided, however, that is currently being finalized right now with with the applicants. So I'm sure the applicant would be happy to provide a copy for the file,

Charles Brown

17:58

Is the Board in agreement with staffs assessment. I haven't heard anything different other than what we've already talked about. Is there a motion? Find the application for 425 Bonny Eagle Road complete? Mr. Wright made a motion sconded by Mrs. Whittemore that the application is complete. All in favor.

Charles Brown

19:17

Staff has recommended a motion to move that the Board grant site plan approval with conditions below under the provisions of the Standish Land Use Code for the application submitted by Andrew Vardakis on behalf of the applicant, Soltage, LLC for an amendment to a previously approved large scale solar array for 425 Bonny Eagle Road with the findings that it meets all requirements as previously approved.

Charles Brown

20:14

is there a motion to approve? Mr. Struebing made a motion seconded by Mr. Walton to approve the application amendment. All in favor.

Charles Brown

21:11

The next item on the agenda, Standish Fish & Game, Middle Road, Map 9, lots 8 and 9. Site Plan application for shooting range. Before we get into tha we had a few emails went back and forth. And this was questioning people's, I guess, opinion they're biased or not biased on this project. And one of the individuals has recused themselves this evening. And you want to talk on this a little Scott?

Scott Hastings-Planner

22:20

A little background. As you may know, or may not know, the Planning Board is a quasi judicial legal body that has to rule on the ordinance. In state of non bias,you're supposed to do this as a public committee, or in the full public view, no discussions are supposed to happen outside of that view. And inadvertently, some emails were sent between Board members over the Thanksgiving holiday. And so we're here to make sure that that is fully disclosed. The applicant has received copies of those emails, all board members are fully aware of those emails. And as the Chair said, one of the members shas recused herself fully from this application . And I think one of the other members may want to just review with the board what I've said,

Scott Hastings-Planner

23:14

Contents of the emails that you sent are here and by the way, just so we all know, we're on both board and the board can rule on whether they feel that constitute a conflict of interest. If you feel that you as a member of questions are able to be non biased. You're going to read them or entertain questions I'm going to ask and just stay whether you feel you can continue on this application and be fair.

Andrew Walton

24:17

I asked questions and have concerns about the noise and whether you would disrupt traffic on Oak Hill Road. We need more details about hours of operation,shooting range wall heights TI think the Town Council should be made aware of this. And I want to do a sitewalk.

Scott Hastings-Planner

25:16

There's also some social media posts that were made making the public aware of this meeting. They've been taken down, right?

Andrew Walton

25:31

I have those same questions for tonight. Those questions were just mine laid out.

Charles Brown

25:53

So Andrew, we just have some questions about would you disclose any personal reason or personal investment that you might have in this decision making process? So the questions that you had seemed to pertain to the application . So my question is, aside from having those interests, do you have any predisposed reason to have an opinion? Or an answer to these questions without the answer being provided?

Charles Brown

26:24

Is there anybody on the Board that feels Andrew should recuse himself or stay on the Board for this application. All remaining Board members said they are fine with Andrew remaining on the Board .

Charles Brown

27:03

We'll move forward now. The applicant would like to present their project. Love to hear.

Brian Libby

27:14

Brian Libby representing Standish Fish & Game tonight. I'd like to just make a little statement on what we are and what we do. Main focus on education and conservation of natural resources. We aalso give back to the community, we sponsor a softball team. We have given out scholarships amounting to $2,000 to various individuals at Bonny Eagle and the 4-H camp on Bryant Pond. We hold an ice fishing derby tournament every year at Horne Pond in Limington. One of our members organized scavenger hunt for youth and was attended by about 20 young people. Many of our members assist Trawling for Troops program that takes disabled Vets for a day of freshwater fishing. We have several members that are certified by Inland Fisheries and Wildlife to teach hunter safety . We have 10 members that are certified as range safety officers and they are also CPR certified. Safety is always a priority. We want a safe place to site firearms and practice shooting. We are very aware of the Town's noise ordinance. We will be in compliance with this requirement. We have extensive safety procedures in place that is mandatory when ranges are in use. This is an alcohol and drug tobacco free area. We've also just created an environmental stewardship plan. This committee is being chaired by a Senior Scientist, who is skilled in environmental consulting.

Brian Libby

29:30

This is the Google where we have the property. This is the overall place where we plan to have our project and is pretty much in this little area right here. This compasses maybe five acres of the total body of the property and is low impact on our actual land.

Brian Libby

30:13

This is our gate right here. We come onto the property here and the clubhouse would be approximately here with our ranges back in this area. As you can see there's a ridge that runs along here so the elevation of the land goes up from where we are building This is just a topo map of the area which is a bit hard to read from this point it's kind of blurry , this just gives a footprint of the property. This time, I think I'll just introduce Gary Fulton, soils scientist from Sebago Technics.

Gary Fulton-Sebago Technics

31:49

Gary Fulton from Sebago Technics. We are wetland scientists, soil scientists and site evaluators with Sebago Technics. I was hired to do the wetland mapping at the site. This is a major stream,but not within shoreland zoning. The stream that runs through it, was probably at some point dammed up by beaver. So that may determine whether it is or is not a wetland of special significance for DEP purpose classification. If it was forested, it would not be a wetland of special significance but because of the dam is larger than 20,000 square feet of emergent or open water area is also a stream in the back section so all this is long in all this wet larger wetland, but is a long ways from where they're proposing the building and the ranges.

Charles Brown

33:39

So those parking spaces, they are in the cleared area now.

Gary Fulton-Sebago Technics

33:45

Yes.., so that cleared area is where the logging operation took place.

Charles Brown

33:57

What are the soils and the dirt there like ?

Gary Fulton-Sebago Technics

34:00

There is some ledge and there's a hill as you go back away from Middle Road and alot of sandy soil there as well. The wet soils are in the middle and minimal.

Charles Brown

35:05

How many lanes? and how far would each go ?

Brian Libby

35:08

There are three ranges..a 25 yard, a 50 yard and a 100 yeard.

Scott Hastings-Planner

35:51

There are a few questions for the Board to consider going forward. Maybe with some more information about how this will have minimal impacts, more information on the design of the range itself, making sure that it's being constructed safely and concerns such as environmental noise , all those things. From my conversations to the applicants, I believe they have some information to that effect. And I think it's worth asking to see that before.

Charles Brown

36:33

Thank you.

Charles Brown

36:41

Just to kind of reiterate what Scott said. The Board would like to see a design of the range, how many people would be there shooting at the same time, possibly what's the maximum occupancy so to speak on shooting and we would want to see that you've gone through best known methods for designing outdoor shooting ranges. It sounds simple and straightforward but nothing is simple and straightforward.

Brian Libby

37:23

We have the ranges with a minimum of eight foot side berms. And the backstop berm is generally at 20 feet in height

Charles Brown

37:38

We would like to see a very organized site plan and presentation for the complete design of the range.The Board would like to do a sitewalk and I'd love to knowwhat the caliber is going to be, muzzle load, black powder as well. Will you be limiting the shooting to only certain calibers ?

Brian Libby

38:27

There will not be any type of cannons allowed and no shooting at tanninite or other explosive targets. No metal targets, just paper . Shooting will also be limited to no more than a three round burst. . We know that noise is going to be an issue. And that's why we have these rules in place in our standard operating procedure. Along with all that and safety requirements. That's why many of us have taken courses to become certified range safety officers. I have actually taken a course above the certification of a Chief Safety Officer which gives me the knowledge to know how to build shooting ranges and maintain them,plus keep things safe.

Charles Brown

38:34

I think that we'll be getting some of that information too as far as footprint things like those that I mentioned, the range layout and everything put on a site plan along with berms, elevations, wetlands, etc. The placement of ranges well outside wetlands, we plan on using EPA best management practices and they have a whole scenario with many different ways that we can contain lead and not have any variation in the graph.

Jolene Whittemore

40:48

What are your plans for monitoring the range ? You mentioned what you're restricting it to, things like that. So what's the monitoring plan? So somebody comes in the I'm not an expert but they use something they're not supposed to use, how would you know ?

Brian Libby

41:08

That's why for right now it's only club members and their invited guests and we will have all kinds of rules posted and there will be consequences if they do not abide by the rules, they risk being expelled from the club.

Jolene Whittemore

41:38

I guess I'm still wanting to know how that's monitored.

Brian Libby

41:42

We will have video cameras posted in various places. We also have the sign on a sign in sheet that you sign in with your name, the time, what type of round you are shooting, and how many so we can monitor it.

Charles Brown

42:11

I believe I read that your end goal plan is to build a building? Is your plan to run the range e before this building is built because I understood and what's coming before the board right now is not the building of the building. Just the shooting range itself.

Brian Libby

42:36

That building is part of that plan.

Jolene Whittemore

42:39

Is the building going to serve as like the safety tower for the person that's running the range or completely seperate?

Charles Brown

43:20

This is a full open range and will it have the canopies over it like some of the other ranges?

Brian Libby

43:32

It will have shooting canopies.

Charles Brown

43:38

So, if we're looking at the building, has the septic system been designed and will power be run into your site ?

Brian Libby

43:58

That is the plan and at some point these will happen. We cannot furnish you with a date or when.

Charles Brown

44:14

Let's discuss briefly does this range stay open 365 days a year, in snow rain or other weather ?

Brian Libby

44:27

Saturday and Sunday from 10 until sunset and then during the week I believe. Usage will be available in the winter months as well as the road will be plowed and accessible.

Andrew Walton

45:11

I just wanted to differentiate the difference between the shooting range and the shooting gallery ?

Scott Hastings-Planner

46:01

The difference is that those are open to the public versus the private club

Andrew Walton

46:06

I just want to differentiate between the two... Thank you Scott

Derik Musteikis

46:16

You mentioned the people trained in CPR..is there going to be people trained in like immediate first aid as well?

Brian Libby

46:26

I believe first aid goes along with the CPR training.

Andrew Walton

46:39

We have covered some of the questions I had already had.. noise is there any way to test how far the noise will go from that location

Brian Libby

47:23

We took some decibel readings in various spots and there was only a few places that the sound was above the decimal requirements, being a wide open space the 45 caliber rifle is the highest caliber we would allow at the range and they have theoretically the lowest of the longest muzzle the lights and we feel very confident that we can easily get that DBA down to 65 with putting with a building that has acoustical absorption in it and also the way the roof is constructed, the sound of the gun would be absorbed in the building as it would have the canopy over it.

Andrew Walton

48:58

Are there going to be guns and ammo secured on site?

Brian Libby

49:01

There'll be no storage of any firearms or ammunition because everybody's bringing their own taking it when they leave.

Brian Libby

49:11

The range will be a typical berm shape and the side berms are usually eight feet or more and the backstops are usually up to 20 feet high.

Charles Brown

49:26

What material will they be made up of. Will you use the sand on site of have some hauled in ?

Brian Libby

49:30

They would probably more than about a foot and a half thick and will be basically a sand material. Some people call it a ballistic sand but it's just a very beach sand type, so that it basically traps the projectile. The roof over the range would be a typical style that has the acoustical that's in the roof and the overhang the shooting benches back in the building so basically you have no blue sky. This roof helps to absorb the sound from shooting and makes the accoustics better.

Andrew Walton

51:02

What about hunting in the area? is the noise going to make the animals afraid and ruin any hunting ?

Brian Libby

51:10

It should not affect the animals at all and they get used to things.

Andrew Walton

51:14

I meant like a noise disturbing deer when they want to not be around that area. Maybe the other question I had was about the road, which maybe is more common question but this isn't a public road, it's a public event and the gravel pit we just approved is improving that road, is there any conflict with that where they're improving the road and then this group is using the road and the nature of the thing,is this okay with the gravel pit owners or will there be conflict using the road. For instance, if you have to basically share the roasd they rebuilt, how will that be. Then my final question would be would an indoor range be possible or not?

Brian Libby

52:26

They are very expensive in comparison to an outdoor range. You can get donated materials, your time, labor for an outdoor range.For an indoor range the air quality is huge and that is a very expensive system.

Andrew Walton

52:56

In California there are more ranges that are usually indoor ranges and more wide as I think of what a range is.

Brian Libby

53:04

If we did an indoor range, we would be more restricted. The building would be alot bigger than what we are proposing and very expensive.We are trying to do our best and adhearing to EPA Best Practices for ranges.-

Deb Boxer

53:22

Ladies and gentlemen, members of the Board..I recused myself from the Board on the Standish Fish and Game Club application for an outdoor gun range, as I would never vote for such a destructive measure affecting so many residents in the Town of Standish. This group came before theTown two years or so ago asking to install a gun range in the Standish sanctuary. Their intention was to create an outdoor range facility by Nature's Way of Wildlands subdivision. Elementary school is nearby and all the houses and other subdivisions around or near Rt.113. The range was rejected by the then Town Council members. What are the reasons for denial is the loud destructive nature of constant gunfire noise,which always occurs at any outdoor gun range. Although these members have the right to use their Oown property, the Constitution affords the right to all members of a community to the peaceful enjoyment of their property. This right is taken away from every single person who will be able to hear this range should it be built. Because of the location of this site on Middle Road in a junction with Oak Hill, near Oak Hill, the sound from that range will affect 1000s of properties within a three mile or more radius. It would callously destroy those people's way of life they have enjoyed in this town for 200 years. Market Analysis for real estate has shown a reliable 3.2 to 3.7 drop in sales values of homes in areas near outdoor gun ranges. This drop in property values would affect the homes up and down Oak Hill affecting the entire newly approved Highlands subdivision. homes around Watchic Lake and Boundary Road subdivisions including the just approved Wild Lands with almost 100 units. I wonder how all of these effective property owners would feel about a 3.7 reduction of their property value. Waterford recently agreed to a 10.7 tax abatement for residents negatively affected by the Waterford fFish and Game club. Can Standish afford these abatements for all the effective properties this range affect? There are hundreds of horror stories online about towns and residents spending untold amount of money and time to fight these gun clubs and ranges who are backed by the assets of the NRA, and special interest protective state law once a range is established in a town. In Maine, any range that's approved and in use before 2016 cannot be controlled at all by any town government or residents. No legal proceedings can be taken against them. As to its use , decibel levels or construction designs, your town is unable to retro actively create a noise ordinance or remove the permit from these previously existing ranges. They are stuck with them forever. No matter how much growth occurs in a town. Any person who purchased property, which is built or sold after existing ranges in place, have no legal right to maintain any nuisance action against the range or club including for noise. In Maine, a new law was passed in 2016, which does allow all affected properties and owners within the vicinity of a newly created range built after September 1, 2016. Does being a nuisance include taking actions for noise, but only for the first five years of approval of that range. After that all future homeowners and homebuyers and towns can no longer bring any action of any kind. Again, after five years, the town was completely changed forever. With the destruction of our way of life and devalued properties. Standaish does already have a noise ordinance. Chapter 206. reads as follows. This article is intended to provide guidance for regulations noise generated by industrial, commercial, residential, retail and institutional uses to minimize the impact on the environment and budding landowners. For purposes of this chapter, an institutional use is a church, libraries to hospital, nursing home or government owned operated facilities. The sound equated set a weighted sound level the sound level as measured using the A rated network with a sound meter meeting standards set forth in the American National Standards Institute. 1419 83 or successor, the unit of reporting is DBAC wages sound level. Using the C rating network with a sound meter meter a standard set for the American National Standards of Institute's unit of recording is dBc. The C waiting network is more sensitive to low frequencies than in the A waiting to 206 Dash three. The dva sound level shall be limited to the budding properties as listed in the table below. noise limits use residential 55 commercial retail institutional 65 industrial 70 Since the DVC scales more sensitive to low frequency sound levels than the DB a scale noise levels from 7pm to 7am shall not exceed three and more dBc from the ambient noise level measured Within the residence other complaints regulated noise sources include all continuous, normal or frequent or intermittent sound produced by any activity. Sound Level shall be measured between four and five feet above the ground at the property boundaries of the emitter property. sound level measurements measurements shall be in accordance with at ASTM designation. Exemptions 2065 exemptions, the following use as an activity shall be exempt from sound level regulation, natural phenomena, bells, whistles, chimes, churches and schools sirens whistles used by emergency vehicle warning devices required by OSHA farming equipment farming activity, noise from domestic power equipment timber harvesting noise created by construction emergency construction repair municipal or public works project and school sanctioned sporting events shooting ranges are not listed as an exemption from these from this noise ordinance. This means the noise level at the edge of the club's property can never be above 65. Definitely, highly unlikely that this level is attainable by an outdoor range. It took the past nine years to stop the hellacious noise coming from both of 114 Richville area as well as the illegal shooting activity of the Town pit on Boundary Road. In the meantime, residents in those areas were literally tortured with constant unrelenting noise, which destroyed their peaceful enjoyment of their property. Now after so much struggle to regain the peace and quiet in this town, here comes this group who have zero concern for anyone except themselves wanting to create a permanent version of what many of us had to fight against for so long. I find it appalling this group has no concern for the residents in this town. There are many other options for these people to engage in their hobby of shooting firearms. The following is a list of already established ranges these people can use all within a reasonable driving distance from Standish Town Hall. Buxton- Hollis gun 9.2 Miles 14 minutes, Scarborough fishing games 16 Miles 27 minutes spurway route and GM 21 Miles 41 minutes Frogger fishing game Miles 37 minutes at muzzleloader. 7.9 Miles 12 minutes found the driving gun 19 Miles 29 minutes, Windham indoor range 7.6 months 12 minutes, Windham indoor shooting range 10 months 15 minutes house indoor range 14 months if this is too far for these people to drive, maybe they can sell their homes in Standish and move next door to one of these ranges the property values are less next to these ranges, so they should be able to get a bargain. The other option is to build your own indoor range as long as the decibel levels do not exceed 65 decibels at their property boundaries. On top of all that is the environmental impacts of lead contamination in wild animals and our waters.

Deb Boxer

1:03:42

United States is home to more than 7000 shooting ranges according to the National Shooting Sports Foundation, the guns industry's largest transfers. Every year these facilities attract an estimated 20 million visitors who produce a staggering amount of debris. According to the Department of Interior's US Geological Survey and individual rain can range can go through between 1.5 to 20 tons of lead shot and bullets annually. The future the people are creatures who exist around are at the greatest risk for health issues, increased exposure to toxic metal can cause paralysis, neurological damage and death. Some circumstances of waterfowl species couldn't just one ingest just one shot and die. But despite the potential risks range ranges posed to their surroundings they receive little oversight from the federal government. The Environmental Protection Agency does not regulate range design or maintenance. It does circulating Best Practices Guide to managing lead from gun ranges. Contamination occurs as a result of the spent ammunition including bullets or shotgun pellets fired into backstops lead ammunition is so prevalent today when an outdoor shooting ranges that sports a field regarding playing world's premier hunting adventure magazine has been quoted as saying the quantity of regulation recreational lead deposited in the environment is enormous. For example, at some trap and skeet ranges, Let's shop densities of 1.5 billion pellets per acre have been recorded. That's 334 pellets in every square foot. Our emissions can cause lead contamination in the surrounding environment, they can pollute the neighboring waterways, poison wildlife, contaminate groundwater and wells. While there are no environmental regulations that specifically focus on outdoor shooting ranges, lawsuits have been filed in in violation of Clean Water Act. That is the most pro prevalent contaminant at Superfund sites across the country. So highly toxic metal triggers more Superfund cleanup than any other industrial chemical or waste product in the environment. That is considered the number one environmental threat to children's health by the federal government and very low level is linked to subtle developmental delays and reduced IQ and shoulder. Recognition of the toxicity of lead is brought in nonpartisan in spite of widespread scientific and political agreement on lead toxicity and the need to reduce it, commercial fire ranges are exempt from the EPA new lab reporting requirements in virtually every major pollution control law in the United States. A number of loopholes a lot unlimited lead contamination at outdoor firing ranges. In spite of legal precedents to the contrary, EPA continues its policy allowing allowing firing ranges near water bodies to operate without the pollution discharge permits that are required under the Clean Water Act or all other lead polluting industries. These ranges present a significant water pollution According to industry sources. Under the Resource Conservation and Recovery Act, most industries are under strict requirements to dispose of leadway safety, typically in hazardous waste landfills. shooting ranges are exempt because the act of firing bullets into the soil has not been interpreted by EPA is just party. This site is full of wetlands out there. For all these reasons, any application for an outdoor range standard should be denied. My final comments are to the club. Currently the only trail leading from Standish to Baldwin is ITS 89. It cuts directly to our family property in Steep Falls Wildlife Management Area. It is used by hundreds of snowmobiles and ATV riders and hunters with permission. Should this continue? Should this proposal continue and be successful? I will post every single square inch of that property and trail for any and all use. Every sign will have your club listed as a reason for closure. I would suggest asking these groups how they feel about their loss of use of this section of trail. And should you be successful. I will also post all of the 700 acres of family land throughout Standish and Limington. Please take into consideration all of these reasons I have presented tonight, before pursuing his application any further. Thank you.

Brian Libby

1:09:01

Hi, I'm Maurie Hill .The reason that I wanted to speak to this is that I'm really, you know, I'm concerned about people who are going to come out. And I'm concerned about those people who will be barred expanding how likely or not and I just really feel that the covenant is better in terms of letting this go ahead, because people will be incentivized people already care I have nothing personal against hunting, etc, etc. etc. But the reality is that we need to be thinking ahead and we need to keep in mind that if this is established, then there's no recourse in the future. So I would say if there was an outdoor range, I mean, an indoor range was perfect. It could have been under planned and nobody would really be thinking about it. But I think this way, even though you may feel there's mitigation in terms of sound, I don't think. So that's, that's subjective on my part, I'm thinking more about the future, and people will have no recourse but to put up. So thanks. I appreciate the opportunity to speak to you guys, thank you.

Brenda Glasgow

1:10:50

I live on Oak Hill, I've lived there for 44 years, I really cannot even begin to put into words how much the peace and quiet that we have enjoyed over those years has meant to us it's a beautiful area, when we first looked at the house, my first thought, as I turned into the driveway was I can't find this house, it's too close to the neighbor. That settlement was built by members of the same family and as families will do in the interest of minimizing some of the work so that you might have a few moments to enjoy the not so hard parts of life meant that you live close together. But if you're surrounded by a lot of space, and that space is more and more valuable, as all of you know, because you're seeing all of these projects come before you. And you're having to make some tough decisions. And this is one of them. I'm a hunter, I have hunted since I was thirteen.. Probably my best excuse for getting outdoors has been my mother's 3030 And my 28 gauge and my husband's 36. And the list goes on. And we've done our share of target practicing over the years because you're not much good if you don't know how to aim properly, and if what you're aiming at. And you don't aim at what you don't intend to shoot, whether it's a target for the year, or whatever. And I say all of that. By way of wanting you to understand that I appreciate the need for there to be a place where someone can safely target practice, shoot competitively or go hunting. And we're running out of those places, but an outdoor range on the side of that hill with the amount of housing pressure that is now going on. And all the other development pressure and all the other records that goes with it is not improving the quality of life in that rural area. When we did the last comprehensive plan for this town, preserving the rural character, the value of that rural character, and the nature of that rural character was emphasized over and over and over in, in the Comprehensive Plan preceded that one, it was also emphasized.

Brenda Glasgow

1:13:46

It isn't a matter of not in my backyard, it's a matter of what works. And an outdoor shooting range is probably not a very good solution. We do need something but we don't need an outdoor range. I think that point has been hammered on. And rightly so. And if it costs more money to build something that is safer, it is quieter. That is monitorable that does not fracture the quality of our life. Then it should be considered even if it's more costly, because the end result is going to cost all of us. I'm not sure that there's a standard that we're going to defy by granting this permit but there certainly is a way of life. That's not going to be improved upon and part of your job as a Planning Board and I think you guys must take it pretty seriously is to look out for the interests of all the citizens in this country. It's a good term. But it's only as good as the people that make it work. I would urge you not to grant this permit, because I don't think it's well thought. I don't think the details are there. I don't hear any kind of a real plan for ammunition recovery. I don't hear anything about how those decibels are being monitored, or who's responsible for enforcing it. Does the burden fall on the neighborhood? I don't hear anything about how the perimeter is going to be posted for safety for the unaware person who chooses to jog that day down the road. We're already adding a couple of deaths in dump truck loads of gravel on that road. If I heard what was said, as far as the gravel pit is concerned tonight, correctly. To my knowledge, I can count on one hand, the number of people who drive the traffic speed limits that's posted 40 miles an hour on Oak Hill Road. Once you get above Pudding Hill and Middle Road,it doesn't have very good sight distance. Now we're going to add a shooting range. And we're going to compress that area that people want to use for recreational reasons. And rightly so because it's a wonderful area even more. And we're going to increase the hazards and the risks because people just like the animals are being compressed into an area where they have to recreate or exist in a smaller, more pressured area than they were before. We don't have as much. It's a hard thing. I'm not hearing any standards being addressed for this facility. But I think most of all, the thing that bothers me is I don't really hear how this contributes to preserving the nature of our rural area. There has to be room for all of these different interests. But maybe an outdoor range is really not the way to go. I already get the full benefits of these concerts of target practicing that goes on down near the front as gifts. And halfway up the hill. And as the crow flies, this spot and Middle Road is not very far from where I live. It's not going to improve the resale value of my house. If we increase it by four persons per range every day of the week

Brenda Glasgow

1:18:41

I would ask you to consider not just what you'd like to do out of kindness and regard for your neighbor. But out of kindness and regard for all your neighbors. You're looking out for my interest and my neighbor's interest. The Fish and Game clubs interest, your own interest. I would strongly recommend that an indoor facility would be a far more appropriate way to go. GoFundMe sites are famous for raising money for lots of good causes. I'm sure there's a lot of other possibilities out there as well. Thank you.

Charles Brown

1:19:36

Would you mind stating your name just for the record?

Brenda Glasgow

1:19:40

My name is Brenda Glasgow

Charles Brown

1:19:50

Anyone else like to speak

Brian Leavitt

1:20:00

My name is Brian Leavitt, I also live on Oak Hill Road as a close by a butter. Probably speaking on my neighbor's behalf as well, tonight I think most of you know me as a pretty open minded person. And if we all play by the rules, everything seems to work pretty good meaning be the one and speak, the codes meet the rules, and what I would like the Board to tell me what happened with the last time we went through the shooting range, what happened and how that gets shut down.

Charles Brown

1:20:38

I was not on the Board at the time, I don't think anyone here was.

Brian Leavitt

1:20:41

Someone must be able to tell me. I'd like to know a little bit more about that before we get too excited about approving another project. As opposed to being I'm not against hunting. I'm not against guns. I'm not against any of that. Obviously, it's got my attention because I live close to it. And I don't want to hear it on a daily basis. But who does and if it meets your needs, I get it, whatever. But I think there's a way that we can all work together on this. And I agree with both of you. They get all the facts that I know nothing about. And if if there's some way I know it's expensive to get into arranged, I'm not looking to break somebody's bank on or whatever. But if there's a way to contribute towards that, that other people could like read from that great point. I mean, there's, there's a way to do this, everybody's happy. And I just think it's gonna take a little bit of time to research this and do it properly. So we don't upset the applecart here. As you guys know, I've got a few things going in the area. And this is this will definitely upset what I've got going on not only personally but in business. Hopefully, we get to look at all points. Thank you.

Tony Folsom

1:22:19

My name is Anthony Folsom. I am concerned about the application also. I don't understand that we can put this in a part of Town where it affects so many people, the ban talked about the decibels of the 10s going off. So when people are saying the sound can carry maybe a couple miles, it's gonna carry a lot further than that. I don't think it's right for anybody to want it to affect other people in this town. We have ordinance on fireworks, you only can shoot them off so many times a year. But you're going to have a shooting range that's going to be open from I think I heard him say from 10 in the morning until sunset during the summer. So what's that nine o'clock at night, kids are going to bed, they're going to have to be affected by this. And there's plenty of people that are moving in the Dolloff Road area that have bought land, and that wouldn't have bought it if they knew the gun range would be going in.. I know that for a fact. I had the understanding that this part of Middle Road was an abandoned road. And they were told that they bought that whole 11 acres, which was both sides of the job. They closed that road down. It was considered abandoned. So I don't know how would get their permit to go in there. I just happen to be clicking the channel one night and I saw that they were here getting approved. I didn't know where they were coming in off But I had the assumption that that road was considered abandoned. Hasn't been maintaining that road to mass. Not right now, who's gonna pay for half of that road maintained? Now it has to be a two way road. I suppose. You can't have just one right now there's only one car at a time, when you meet a dump truck down that road, you're not gonna be able to do it. They're gonna pave the road. Who's gonna pay for this? The improvement on that road taxpayers? I don't think it's taxpayers probably pay for that road to be fixed up. The town should have been maintaining it right along. Road Commissioner decided not to do it. And I don't think it's right. I think people that live in that area, their house properties are down. You guys can vote to take it up tax breaks. And believe it, I don't think the value of LEDs are down. So I think by pushing this forward, they're not the right way in an open shooting range, or the indoor range. I'll become a member of the rod and gun club, but I cannot back this the way it is. I think it's really sad. I don't think there's anybody that spends more time in the woods or on the ice than me.

Leo Robichaud

1:26:34

My name is Leo Robichaud from Brown Court in Standish. I don't own a gun. I don't go to any firing ranges. And I don't live near this area, actually. But I have heard many where I live on Sebago in Miettia's pit, which is about four or five miles from me. I can tell you that I've heard gunshots many, many times and it's actually frightened my wife. But regardless, some of the questions that I've just written down here after listening to a lot of these, and I do agree with almost everything everybody has said. But has the Portland Water District been contacted about any of the wetlands that could be affecting the lake over there. Secondly, I haven't heard one person say since I guess it was 2015. The last time this might have been brought up. And at that time they were members of established gun clubs from Scarborough, Falmouth, South Portland, any place you can name around you. So I can imagine and with the distances that this young lady said, this is five miles, 10 miles, 15 minutes. I haven't heard one person stand up here and say it's an inconvenience, to go to Baldwinor anywhere else to shoot . But to go to any other rod and Gun Club. That is if within this area of 20 miles. It's not been an inconvenience for all these years. So I don't understand why is it necessary to have one here in Standish? I don't understand that. What's so I heard that it's gonna cost a million dollars to build an indoor shooting range. But I haven't heard how much the Fish and Game Club is spending or is willing to spend on this particular project. I haven't heard that. And that for any presentation, even Mr. Libby's I didn't hear that which was a nice presentation. And I do applaud the rod and gun club for listing all those things that they do for the community. But there are a lot of other organizations that do things for the community. And they're not up here looking for a rod and Gun Club and an area that is wetland, not only wetland, but there many homes that are currently there are going to be built this and that every home I guess you could say today's maybe it's two children and every home maybe it's one I don't know. But the point is every home isn't going to be just adults. Also, I heard that there's going to be power down the road but I didn't know what they're going to be seeing me CMP based on what I did hear will be somebody else's putting power and it is going to be around but I don't know what the budget is. How many homes are affected in this area of offer? I think we've already covered wherever these members come from the Standish Club that they are all Standish residents, I don't know that could be coming from other places. But I again I think, you know, as I said, or it was brought up five, six years ago there are many rod and gun clubs in the area that people in Standish if they want to go shoot guns, they can go do so. Again, I don't own the gun. I'm not opposed to guns but go someplace else at the last meeting in 2015 I think it was. We had people from rod and gun clubs come to this chamber and say, Well, I am from I'm from Standish,. I'm from town of Falmouth. I'm from South Portland. I'm from Scarborough well that was nice but what are they what do we care about them this is Standish we make our own living here. We make our own rules. And I think it would go further than this though. Who would go to the council maybe before this isn't the final vote I don't believe but I heard tonight there are many things you still have to do even if you wanted to proceed whether it was a sidewalk other things that still would have to be done. But you can stop this right now. Don't let this go any further. Thank you

Leo Robichaud

1:31:31

Anyone else like to speak thank you

Ben Cutter

1:31:43

Ben Cutter from 539 Oak Hill Road. I don't really want to beat a dead horse. But we built our home which is pretty much adjacent to the proposed area we built our house in 2015 and we really loved the area. It's really a nice quiet area and I would like to commend the rod and gun club for trying to get people outside and doing things outside. I'm a sportsman myself. My son actually is 10 years old he shot his first dear this year. So you know we're all about it. And honestly, I would be 100% behind a movement towards an indoor shooting range. I think it'd be great I'd get my kids involved with it and it would be good but but as it stands now my wife's home with the kids all summer she's a teacher in the district and and I really don't want them to have to hear 50 hours a week of shooting. It's just not what we want to deal with and in our peaceful little area and again, I'm behind an indoor shooting range but I just really try to convince you guys to think a little bit harder about both the outdoor situation. Thank you

Charles Brown

1:33:21

Anyone else like to speak? Brian, would you like to say anything else?

Brian Libby

1:33:29

Yes. Its been brought up about the Town land which would have been a lease that came before the council and to find that was a lease only. Anything that would have happened would come back to the Town. We will not hold any competative shoots. So that will cut down on any daily noise with our members only using this, basically the more likely be days you'll never have anybody out there. We don't have any ATV trails, we will plant a lot of trees. Trees make excellent buffers. We have been cutting very few trees. We already have an area that is cleared and the amount of trees we'll be cutting will be very minimal. We are not in the water districts watershed area. Our goal was to have a safe environment to shoot. For typical road noise the DBAs are 80 decibels if you're sitting in my living room you'd know that. The road is still I believe the towns and has not been discontinued.

Deb Boxer

1:36:14

Thank you... wetlands exposure to noise greater than 130 decibels all firearms create noise that is over 140 decibel level a small 22 caliber can produce noise around 140 decibels while pay for Rifle Pistol can produce sound over 175 decibels

Charles Brown

1:36:57

That's at the gun itself?

Brian Libby

1:38:22

At Job Road, the decibels were around 50. The ATV trail near Oak Hill was 60.6. As a note here, a plane went overhead during this test, an and was at 63 decibels. 240 feet from the firing line the decibels were 94. So we can clearly get the sound down with the sound deadening building. Just as a side note on why should we go to other places. You can't just go to another range. You have to be a member of some of these clubs. That's one that was mentioned, cost $250 belong to that club, plus other fees. So you can't just go to those ranges. You have to be members of that. And I know it's kind of split hairs. We're a fish and game club, not a rod and gun club. We stress a lot on fishing out

Derik Musteikis

1:40:23

Can I speak I'm a member of the club ?

Charles Brown

1:40:26

Anybody gets to speak. It's open to the public.

Derik Musteikis

1:40:31

Derik Musteikis and I live on Oak Hill Road with my wife and daughters. They're both avid hunters and fishermen. I've been a member I believe since 2015. I just want to share that. I know there's a lot of concern about sound ordinance I know the club's going to meet and exceed those decibel ratings. I've been out on my property, which goes up towards the new development and bullets hit my trees before from people shooting out in their backyards,. And I felt very uncomfortable. So that's just one example of something that needs to be taken care of now, so obviously, you know, law enforcement or whatever. But here's an opportunity for those people to shoot in a proper place. Our membership is very inexpensive. That's one of the reasons I love that the members of this club are excellent and I am looking forward to Standish having a shooting range . Looking forward to the club's goals of working with youth in training them safely with firearms. I see fewer and fewer youth involved every year. And I just want to emphasize that this is important to our youth because in all reality of guns aren't going away.I believe that Maine has the highest number of gun restraints per capita. I may be wrong on that, but I believe that's the case. So having a gun range nearby is important to us as a family having a place to go learn about fishing, doing things like this is important. So I just want to share that guns are important. I didn't get to deer this year, but I spent a lot of time and they spent a lot of time out in the woods having an opportunity to where they can shoot safely and be trained by professionals is important

Charles Brown

1:43:42

One of the things that came up is the possibility of a site walk if the Board wants to do one, .

Andrew Walton

1:43:57

How would we get down there to the property?

Charles Brown

1:44:00

At the other end the road just off Oak Hill Road. The road is passable and should be fine. What's the board's feeling on this? Do you want towalk the property ?

Andrew Walton

1:44:55

Yeah, I definitely do .

Jolene Whittemore

1:45:16

Can I ask question? So when it was brought up the indoor versus the outdoor range, you said a million dollars I realized that's kind of a conservative what's the budget for this outdoor range?

Brian Libby

1:45:38

We have no budget amount right at the moment. I didn't understand the application asked for any kind of budget ?

Jolene Whittemore

1:45:50

The only reason I'm asking is in just listening to the public and in hearing people proposing indoor I was wondering what it might be in difference?

Brian Libby

1:46:00

Would be a small fraction but very small clubhouse. This would be a small one story ranch like structure. Basically that would be a big room, a small kitchen and a bathroom. With the outdoor range we can get a lot of donated time, materials, labor .

Charles Brown

1:46:50

Saturday's the last day for those hunting with muskets, so do we want to do this on a Sunday or do we want to do it on a Saturday ? What is the pleasure of the Board ? The site walk was scheduled for Saturday, December 18, 2021 at 9:00am.

Charles Brown

1:49:24

Our site walk will be limited to that area that they are potentially going to build the ranges on and the clubhouse.We can be together as a group. We can't just spread out go all over the place.

Brian Libby

1:51:35

And anybody that is part of the community that wants to walk the land that day, will give them an hour

Charles Brown

1:52:11

One thing that came up tonight, that is different than what's in my report from staff is that they would like to have us look at the site plan relative to the building as well, which is shown, staff report indicates we would not be looking at that time. Please, correct me if I'm wrong.

Scott Hastings-Planner

1:52:29

We don't have any information on the building at this time.

Charles Brown

1:52:32

I mean, therefore, I think we'd have that information, we'd have to have some type of soil test, know that there's adequate space there and you're gonna have so many gallons a day. And Mr. Fuller can certainly give you the guidance there as to what you need. Whether it has I guess for now, we just need a test pit that shows us adequate area for the septic system, not the full blown design to get your building plans and code enforcement work at that point in time. We just need to know that there's a spot there.

Charles Brown

1:53:18

Taking notes. What things the board has asked for Greg? To deliver, right?

Charles Brown

1:53:27

Do we need to see a grading plan. And we don't have anything on erosion control on the plan we have in front of us require maybe to see either silt fence or if you're going to use stump grindings and stuff as an erosion control berm, which I would imagine you'd want to use. We need to see those kind of lines on the plan.

Charles Brown

1:53:49

And if we want to see how those berms look, grading I mean right now we have existing grades yet, we don't have the grades show the eight foot berms, they're going to be long straight lines. And how they separated they're all open in the middle of contiguous one. One will go full length and the other one's shorter in fact, we will do a phasing of the ranges and build in stages, not all at once.

Charles Brown

1:54:45

as materials become available. I aessume you'll have some type of privy there until such time that you have a facility. Yes. So probably should show at least a square on there and noted on the site plan okay. Even if that gets moved around.

Charles Brown

1:55:06

Alright, so I guess the next step is the 18th, that will give the rundown an opportunity to address some of our concerns, probably summarize some of the information .

Scott Hastings-Planner

1:55:22

So based on my notes, we're gonna want to see some more information on what was presented here tonight, a lot of information on the rules and restrictions that you might be having for this facility. And that's going to be important in terms of, as you've heard from the comments here tonight, the sound levels of potential liability involved and other debris. We're gonna want to see that in writing . Similarly, as we were just talking about, we're going to need the design of the range itself. Both of the berms layout, the structure that we're discussing, that we'll go over the shooting positions, and information on how to get noise decibels. So we mentioned acoustic matting, some specs on how to evaluate it. And similarly, if we're going to improve the building at this time, we're going to need that tested. And Charlie mentioned some more design information on the building setback that you mentioned something about landscaping and planting trees, give some more information on that. We're also reviewingwhat types of trees. So more information on where those trees are going to be and what you're proposing.

Scott Hastings-Planner

1:57:03

Here, you mentioned you're going to follow EPA best practices on lead management, get a copy of that. Make sure that we know what rules you're planning on following like traditional approvals that EPA has and rules that you must follow that should this go for approval? The erosion control plan that Charlie mentioned. Ideally, the board would like to see that rating, the final. The final development of this rating. So looks like so here are the berms they're this big when you actually put an on site plan with you mentioned how it impacts sites, especially on site.

Charles Brown

1:57:55

That would have to be permitted. Right. Anything on those berms, that's between 25 feet and 75 the FDP goes along with it, any government by rule,

Scott Hastings-Planner

1:58:05

Anything within the jurisdiction is going to be permitted by the approval. I recommend submissions going into it, as you get more information.

Charles Brown

1:58:59

And then you mentioned electricity being run to the site. You don't necessarily need all the specs for that yet.

Scott Hastings-Planner

1:59:36

You also mentioned an environmental stewardship plan being developed. More information would be good on that as well..

Scott Hastings-Planner

1:59:45

We would like to know what your standard operating procedures would be,tyour hours that you are planning on for shooting. Maybe you should consider those based on some of the comments for tonight, how that might affect the community.

Andrew Walton

2:00:26

Think that's all things talked about tonight. I've seen the full picture.

Andrew Walton

2:00:39

Chairman, before we do the sitewalk, is there a way we could get the meeting notes from when this was in front of the board? A couple of years ago? I'm sure

Brian Libby

2:00:51

That was a totally different situation. That was on a lease of town property. I don't have a lot more information than I do on that.

Brian Libby

2:00:59

That has nothing to do with this application, that was a strictly a land lease with the council. And it has nothing to do wiwith what we are discussing now.

Charles Brown

2:01:12

Was that the piece of land off from Boundary Road?

Brian Libby

2:01:14

Yes ,but that was on the State Game Preserve and would not have worked as you cannot discharge a firearm there. That was never in front of the Planning Board, just the Town Council.

Brian Libby

2:02:24

I'm on the town council, but am not representing the Town in any way with this application. I am here on behalf of the Standish Fish and Game Club as their spokesman.

Charles Brown

2:02:31

Thank you, Brian. I'm sure we'll have more questions. Do we need an official vote to table this until after the sitewalk until the next regular meeting? If so, I'd entertain a motion to table. Mr. Struebing made a motion seconded by Mr. Walton to table the application. All in favor. There is a site walk on December 18, 2021 at the Fish and Game Club's property,beginning at 9:00am.

Charles Brown

2:02:41

Just for the record. The next meeting is January 3. Meeting is adjourned.

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