PLANNING BOARD Major Development Review DRAFT Findings of Fact January 24, 2017 REVISED JANUARY 24, 2017

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1 PLANNING BOARD Major Development Review DRAFT Findings of Fact January 24, 2017 REVISED JANUARY 24, 2017 Project Location: Thomas Point Road Tax Map: Map 42, Lot 16 Zoning District: R6 (Cooks Corner Neighborhood) Case Number: Applicant: Ecopath Developers, LLC 17 Arrowhead Drive Brunswick, ME Authorized Representative: Tom Saucier, P.E. Site Design Associates 23 Whitney Way Topsham, ME Staff reviewed the application and has determined it is complete. PROJECT SUMMARY Staff review is based on the Major Development Review application for the, Beacon Ridge Open Space Subdivision as revised most recently on January 5, 2017; and the additional information in the project file that is included in the Planning Board packet. The Town of Brunswick s Staff Review Committee (SRC) reviewed the development proposal on January 4, The SRC meeting notes are included in the Planning Board packet. The proposed activity involves constructing a 1,223 linear foot road to be known as Beacon Drive to serve 23 new single family residential lots. The proposed development includes an existing single family residential lot at the end of Greenwood Road which represents the 24 th lot within the proposed development. As part of the development, the applicant submitted an application for a Stormwater Management Law Permit by Rule (PBR) to the Maine Department of Environmental Protection (DEP). The Stormwater Management Law PBR was approved by the DEP on January 3, The application includes a project narrative, and a set of plans including: existing conditions, proposed site plans, grading plans, and details. The plans for the proposed activity are listed below: 1. Drawing Sheet entitled, Boundary Survey For Beacon Ridge Subdivision prepared by Jeremiah Raitt, dated September 13, 2016, and revised on January 4, 2017; 1

2 2. Drawing Sheet entitled, Existing Conditions Plan For Beacon Ridge Subdivision by Jeremiah Raitt, dated October 13, 2016, and revised on January 4, 2017; 3. Drawing Sheet entitled, Existing Conditions Plan For Beacon Ridge Subdivision by Jeremiah Raitt, dated September 19, 2016, and revised on January 4, 2017; 4. Drawing C-200 entitled Overall Site Layout & Utility Plan prepared by Site Design Associates, dated October 2016, and revised on January 5, 2017; 5. Drawing C-201 entitled Plan & Profile Beacon Drive prepared by Site Design Associates, dated October 2017, and revised most recently January 5, 2017; 6. Drawing C-300 entitled Details prepared by Site Design Associates, dated October 2017, and revised most recently January 5, 2017; 7. Drawing C-301 entitled Details prepared by Site Design Associates, dated October 2017, and revised most recently January 5, 2017; 8. Drawing C-302 entitled Details prepared by Site Design Associates, dated October 2017, and revised most recently January 5, The applicant requests the following waiver in accordance with Section 410 of the Brunswick Zoning Ordinance: 1. Profile, cross section dimensions and curve radii of existing streets The application states that no changes are proposed to existing streets. Based on this supporting fact, the staff recommends approving the requested waiver in accordance with Section Location of trees >10 The application indicates that the parcel is entirely forested and locating all trees greater than 10-inches in diameter would be impractical and burdensome. The applicant further indicates that the open space that is proposed to be maintained as undeveloped land in perpetuity is forested land. The limit of proposed clearing is limited to thewithin the proposed right of way (ROW) for the road which includes an area designated for a signage at the entrance off Thomas Point Road. The proposed sewer easement for a new sewer line will be cleared of vegetation to extent necessary for the installation and maintenance of the proposed sewer line. Clearing along Thomas Point Road is proposed to improve stormwater drainage and to install a power line. With the exception of selective cutting of pine trees within the building window shown on each lot,lot [JW1]clearing is proposed to be at the discretion of individual lot owners. Based on these supporting facts, the staff recommends approving the requested waiver in accordance with Section 410. Review Standards from Section 411 of the Town of Brunswick Zoning Ordinance Ordinance Provisions 2

3 The property is located primarily within the R6 (Cooks Corner Neighborhood) and partially within the CC (Cooks Corner Center) Zoning District. The parcel contains the mapped Natural Resource Protection Zone (NRPZ). The applicant provided a natural resource report by Mark Cenci that the mapped NRPZ is incorrectly delineated. The areas mapped as NRPZ are freshwater wetlands that do not meet the criteria for Shoreland Area or Special Flood Hazard Area as described in Section of Brunswick s Zoning Ordinance. A Wildlife Habitat Block that is part of the Rural Brunswick Smart Growth Overlay District is mapped outside the subject parcel within abutting land to the north. The applicant proposes to reduce the frontage requirements by conserving 4.89 acres of the parcel as open space in perpetuity. The proposed development complies with all applicable provisions and requirements of the Zoning Ordinance. The Board finds that the provisions of Section are satisfied conditional upon evidence provided in the form of a final recorded Declaration of Restrictive Covenants and Easements dedicating the 4.89 acres of open space Preservation of Natural Features The project area is primarily an undeveloped forested parcel off Thomas Point Road. A portion of the project area for Lot 24, so-called, is undeveloped abutting land of the existing residential development known as, Sandy Ridge Subdivision. The applicant identified natural areas includes existing forested land, freshwater wetlands, and areas within the subject parcel that were surveyed and determined not to be significant vernal pool habitat per the Natural Resources Protection Act (NRPA). The proposed open space is primarily forested wetlands and with relatively small inclusions of upland forest. The proposed road, lot areas, and buildable lot windows are oriented to permanently avoid impacts to much of the existing forested land, and freshwater wetlands. The proposed development maximizes the preservation of natural features of the landscape, and does not occur within or cause harm to any land which is not suitable for development. The Board finds that the provisions of Section are satisfied Surface Waters, Wetlands and Marine Resources At the request of the staff, the applicant considered further minimizing proposed wetland impacts by avoiding wetland disturbance on Lot 5; and maintaining at least a 25-foot forested buffer from the edge of wetlands at the terminus of the proposed stormwater swale at the northeast end of the proposed road, and at the proposed culvert outfall at the center of the proposed road. Additionally, the staff advised the applicant to consider installing signage at the edge of all wetlands areas that are likely to be disturbed without the aid of a wetland expert in the field. In response, the applicant determined that the use of the Department of Environmental Protection s (DEP) approved Stormwater Best Management Practices (BMPs) for vegetated swales and the use of erosion and sedimentation controls during construction as required by the approved Stormwater PBR will provide sufficient wetland protection and ensure the required positive drainage from the proposed road without modifying the proposed stormwater management plan. Wetland impacts 3

4 anticipated on Lot 5 are proposed to remain to allow the future lot owner the option for uniform building frontage with other houses within the proposed subdivision. As requested by the staff, the applicant updated the site plan entitled, Recording Plan for Beacon Ridge Subdivision with wetland markers to be installed at the edge of all wetlands that are likely to be disturbed without the aid of a wetland expert. The proposed development will not adversely affect the water quality of Casco Bay or its estuaries. The Board finds that the provisions of Section are satisfied Flood Hazard Areas The proposed development activity does not occur within a flood hazard area and therefore minimizes the risk of flooding. The Board finds that the provisions of Section are satisfied Stormwater Management The proposed development includes more than one (1) acre of disturbed area associated with the proposed subdivision road and is therefore required to comply with the basic standards of Maine s Stormwater Management Law. The applicant provided a copy of their DEP approved Stormwater PBR for the proposed disturbed area. The proposed stormwater management plan includes grading, filling, and the use of three (3), 18-inch diameter HDPE culverts to direct stormwater away from the proposed road and into vegetated swales. Each of the proposed culverts will be stabilized with stone riprap aprons at the inlets and outlets. The proposed development will satisfy the recommended storm water quality standards described in Storm Water Management for Maine: Best Management Practices, published by the State of Maine Department of Environmental Protection, November, 1995 as amended. The Board finds that the provisions of Section are satisfied Groundwater Groundwater is proposed to be utilized by individual lot owners with the installation of private residential wells. In accordance with Section 505, a higher level review will be required if the project overlies a sand and gravel aquifer mapped by the Maine Geological Survey. Section 505 indicates that the applicant is required to demonstrate that there will be no significant adverse impact on groundwater quality resulting from the project, either during the development or over the long-term, in the areas of subsurface disposal of wastewater, use of fertilizers or pesticides other than for normal residential purposes, infiltration of stormwater runoff, and such other activities that pose a potential threat to groundwater quality. The staff reviewed the available maps from the Maine Geological Survey (MGS) and found the proposed development overlies a mapped sand and gravel aquifer; and the applicant was advised of the mapped aquifer. The application indicates that a single family residential subdivision is not considered an activity that poses a threat to groundwater quality, particularly since the development will connect to public sewer. Based on the available information, the proposed development will not, alone or in 4

5 conjunction with existing activities, adversely affect the quality or quantity of ground water. The Board finds that the provisions of Section are satisfied Erosion and Sedimentation Control The proposed development will be constructed in accordance with Best Management Practices for erosion and sedimentation control and will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy situation results. The Board finds that the provisions of Section are satisfied Sewage Disposal The proposed development will be served by municipal sewer except for Lot 24 which will be served by a new subsurface wastewater disposal system. Plans for a proposed public sewer extension were prepared by the applicant s representative and were approved by the Brunswick Sewer District. The plans for the public sewer extension and the subsurface wastewater disposal system on Lot 24 are included in the application. The Board finds that the provisions of Section are satisfied provided conditional upon receipt of proof that the sewer line is installed to the satisfaction of the Brusnwick Brunswick Sewer District Water Deputy Fire Chief, Jeff Emerson indicated in correspondence dated January 5, 2017 and in a letter dated January 9, 2017 that the proposed development lacks sufficient water for fire suppression; and advised that NFPA 1, 2006 Edition, as adopted by the State of Maine and the town of Brunswick states in section that an approved water supply capable of providing adequate water for fire suppression is required and subject to approval by the authority having jurisdiction. The information provided by Deputy Chief Emerson indicates that any water source that requires pumping (namely, a cistern or dry hydrant) is not sufficient to meet the needs of the subdivision. Based on the Town s GIS map records, the nearest public water line that is owned and maintained by the Brunswick and Topsham Water District is within Thomas Point Road approximately 3,000 feet from the subject parcel. Deputy Chief Emerson advised against accepting a cistern as an alternative to connecting to the public water system due to the close proximity of the project area to the public water line. Accordingly, Deputy Chief Emerson indicated the following two (2) options are most appropriate for the development: 1) extend the public water supply to serve the proposed subdivision; and 2) install residential sprinklers in every dwelling within the subdivision. Based on the information provided in the application, the private wells will have no adverse impact on existing water supplies. However, the proposed development lacks sufficient water for fire suppression and therefore does not have a water source that is adequate to serve the proposed development. The Board finds that the provisions of 5

6 Section are satisfied provided the applicant provides evidence of a water source that is adequate for fire suppression. This condition may be met by (1) connection to the public water line to allow placement of hydrant(s) within 1,000 feet of all dwelling units within the subdivision; or (2) installation of residential sprinkler systems in all units, in accordance with NFPA 13D Aesthetic, Cultural and Natural Values Based on the available information, the proposed development will not have an undue adverse effect on the scenic or natural beauty of the area, historic sites, significant wildlife habitats identified by the Maine Department of Environmental Protection or by the Town Of Brunswick, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline. The Board finds that the provisions of Section are satisfied Community Impact Municipal resources are available to service the project, and no on-site or off-site impacts associated with the development of the project were identified. The Board finds that the provisions of Section are satisfied Traffic The proposed development is estimated to result in an increase in 23 vehicle trips per day. The applicant advised that the proposed traffic increase is below the 100 trip threshold for the traffic movement permit requirement of the Maine Department of Transportation (MDOT). Town records from a traffic study in 2014 indicate Bath Road and Thomas Point Road are rated F which is the lowest Level of Service (LOS). The rating is indicated for excessive delays to traffic for the left turn from Thomas Point Road at Bath Road during peak hours (PM) and with Saturday traffic (AM and PM). The Town Engineer and Public Works Director advised that the applicant must demonstrate the project will not result in unreasonable congestion as proposed or that the project will undertake certain actions to improve the intersection and mitigate the project s impacts on traffic. With the exception of the Bath Road and Thomas Point Road intersection during peak traffic hours, the proposed development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed. The Board finds that the provisions of Section are satisfied provided the applicant demonstrates that the project will not result in unreasonable congestion as proposed or that the project will undertake certain actions to improve the Bath Road and Thomas Point Road intersection and mitigate the project s impacts on traffic Pedestrian and Bicycle Access and Safety The proposed development is designed in accordance with the street standards in Appendix II of the Brunswick Zoning Ordinance. The proposal is designed to accommodate bicyclists and pedestrians, and addresses issues of bicycle and pedestrian access, safety and circulation both within the site and to points outside of the site. The Board finds that the provisions of Section are satisfied. 6

7 Development Patterns During the SRC meeting the Public Works Director and Town Engineer advised installing lights for safety on the proposed Beacon Drive. The applicant revised the plans with three (3) lights along the proposed road. Further, the street light impact fee per light is $ (for 70 watt HPS cut-off luminaire on standard six (6) foot bracket arm, $12.86/mo x 12 mo./yr x10 yr x 30%) based on current pricing and the established methodology. The impact fee for the three (3) streets lights to be provided by the Town thru its rental program with CMP would be $1, (3 ea x $462.96). The proposed residential development will have no adverse impact on areas which are primarily residential. The Board finds that the provisions of Section are satisfied provided conditional upon payment of the street light impact fee, and the street lights are designed and installed to the satisfaction of the Town Engineer and Public Works Director Architectural Compatibility The proposed development is a residential development that will be compatible with its surroundings in terms of its size, scale, mass and design. The Board finds that the provisions of Section are satisfied Municipal Solid Waste Disposal The proposed development is required to pay an impact fee for each of the proposed lots. The Board finds that the provisions of Section are satisfied provided the solid waste impact fees are paid Recreation Needs The proposed development is residential and is required to demonstrate that it will not have an unreasonable burden on the municipality's ability to provide recreational services. On January 24, 2017, the Director of Parks and Recreation calculated the recreation impact fee in lieu of land is $8, The fee is based on the appraised land value of $10,000 per acre as determined by Brunswick s Assessor, Cathy Jamison. The recreation impact fee may be provided to satisfy Section However, Tthe proposed development must may be reviewed by the Department of Recreation and the Recreation Department Commission to determine an alternative method of satisfying the recreation needs for the proposed development at the request of the applicant. The Board finds that the provisions of Section are not applicablesatisfied conditional upon implementing an approved method of meeting recreational requirements of the Zoning Ordinance as determined by the Recreation Commission Access for Persons with Disabilities The application indicates that the project design is in compliance with the Americans With Disabilities Act, and no buildings are proposed. The Board finds that the provisions of Section are satisfied Financial Capacity and Maintenance 7

8 The application indicates that the applicant budgeted adequate funds were budgeted to complete and maintain the project through their normal operating budget. The applicant will provide a performance guarantee that ensures adequate financial and technical capacity to complete the project, and once it is completed, the project is expected to have adequate resources to maintain itself. The Town Engineer and Public Works Director recommends providing 2% of the construction value for construction inspection and administration services. The $350,000 performance security the escrow amount to be deposited before the start of any construction is $7,000. The Board finds that the provisions of Section are satisfied provide a performance guarantee is provided by the applicant that ensures adequate financial and technical capacity to complete the project, and once it is completed, that the project is expected to have adequate resources to maintain itself Noise and Dust The applicant indicates adverse impacts from noise and dust will be minimized during construction. The proposed development will not contribute to unreasonable noise and dust, both during construction and after the development has been completed. The Board finds that the provisions of Section are satisfied Right, Title and Interest A copy of the right, title and interest documentation is included in the application. The applicant has sufficient right, title and interest in the subject property. The Board finds that the provisions of Section are satisfied Payment of Application Fees The applicant has paid applicable development review application fees for Major Development Review. The Board finds that the provisions of Section are satisfied. 8

9 DRAFT MOTIONS CASE # Motion 1: Motion 2: Motion 3: That the requested waiver for profiles and curve radii of existing streets, and for locating trees over 10 inches is approved. That the Final Plan is deemed complete. That the Final Plan is approved with the following conditions: 1. That the Board s review and approval does hereby refer to these findings of fact, the plans and materials submitted by the applicant and the written and oral comments of the applicant, his representatives, reviewing officials, and members of the public as reflected in the public record. Any changes to the approved plan not called for in these conditions of approval or otherwise approved by the Director of Planning and Development as a minor modification shall require a review and approval in accordance with the Brunswick Zoning Ordinance. 2. That prior to the sale of the first lot on Beacon Drivestart of construction, proof that the project will not result in unreasonable congestion as proposed or that the project will undertake certain actions to improve the Bath Road and Thomas Point Road intersection and mitigate the project s impacts on traffic is provided to the satisfaction of the Town Engineer and Public Works Director. 3. That prior to the sale of the first a lot on Beacon Drive, the proposed outdoor lights for Beacon Drive are shall be designed and, installed, and the street light impact fee shall be paid all to the satisfaction of the Town Engineer and Public Works Director. 4. That prior to the sale of the firsta lot on Beacon Drive, the applicant shall provide evidence of a water source that is adequate for fire suppression. This condition may be met by (1) connection to the public water line to allow placement of hydrant(s) within 1,000 feet of all dwelling units within the subdivision; or (2) installation of residential sprinkler systems in all units, in accordance with NFPA 13D to the satisfaction of the Fire Chief or his designee. 5. That prior to the start of construction, a performance guarantee and escrow fee shall be provided that ensures adequate financial and technical capacity to complete the project, and once it is completed, that the project is expected to have adequate resources to maintain itself to the satisfaction of the Town Engineer and Public Works Director. 9

10 6. That prior to the sale of a lot on Beacon Drive, proof that the sewer line is installed to the satisfaction of the Brunswick Sewer District shall be provided to the satisfaction of the Director of Planning and Development. 7. That prior to the start of construction, an approved method of meeting recreational requirements in Section 519 of the Zoning Ordinance as determined by the Recreation Commission shall be implemented to the satisfaction of the Director of Parks and Recreation. 8. That prior to the issuance of a building permit, solid waste impact fees shall be paid to the satisfaction of the Town Engineer and Public Works Director. 9. That prior to the sale of a lot, evidence is provided in the form of a final recorded Declaration of Restrictive Covenants and Easements dedicating the 4.89 acres of open space to the satisfaction of the Director of Planning and Development. 10

11 ete EATON TRAFFIC ENGINEERING 67 Winter Street Suite1TopshamMaine04086 Tel Cell To: Fm: Thomas Saucier, PE, Site Design Associates William C. Eaton, PE, Eaton Traffic Engineering Dt: January 23, 2017 Re: 23 Lot Subdivision, Thomas Point Road, Brunswick I have evaluated the trip generation and associated impacts associated with the above noted project, including the memoranda between you and the Town of Brunswick staff, and the additional information you have obtained from MDOT regarding accident history at the intersection of Thomas Point Bath Road. The trip generation associated with a 23 unit single family residential subdivision (per data from the ITE publication Trip Generation, 8 th Edition is estimated to be 230 trips per day (weekday half enter, half exit), with 23 vehicle trips during the PM peak hour (15 enter, 8 exit), 17 trips during the AM peak hour (4 enter, 13 exit) and 22 trips during the Saturday peak hour (12 enter, 10 exit). Town staff has indicated in one memorandum that the Level of Service (LOS) for vehicles exiting Thomas Point Road onto Bath Road (presumably the left turn movement) is rated as F during the weekday PM and Saturday peak hours. I do not have any traffic volume information by which to confirm this, but I have general knowledge of the volumes in the vicinity and would concur that the LOS would be low and delays to the left turn exit would be high. The intersection of Thomas Point Bath Road is located at the end of a median island on the east approach to Cook s Corner. This effectively provides a storage or refuge area for left turn vehicles from Thomas Point Road and allows them to enter the storage area when traffic from the west is clear (such as when the dual left turn or the lead-lag phases are in effect on Bath Road at the Cook s Corner intersection some 300 feet away), and merge into westbound Bath Road when the opportunity presents itself. I do not know if the LOS analysis in the previous studies referred to in staff comments accounted for this condition.

12 In any event, the proposed new subdivision will generate, on average, 8 exiting trips during the PM peak hour, and it is likely that a majority of these trips will be westbound on Bath Road (i.e. left turns). It is likely that as soon as the new residents of the subdivision become familiar with traffic conditions in the vicinity of Cook s Corner, they will learn that to avoid making a left turn from Thomas Point Road to Bath Road they can simply take a route through the cinema complex located on New Gurnet Road across from Cook s Corner Shopping Mall (which connects New Gurnet Road to Thomas Point Road) and avoid the problem completely. This is not a public right of way, but it is undoubtedly used by anyone familiar with the area to avoid making a left turn off Thomas Point Bath Road. Finally, the Town ordinance regarding traffic ( Traffic) noted in your states that a traffic engineer must make a statement or report that the proposed development will not create or further contribute to unsafe traffic conditions. While a poor LOS is not a desirable condition, it does not, in and of itself, constitute unsafe traffic conditions. You have indicated to me that Brunswick Police Department records indicate that for the last three years of available traffic accident data ( ) that the intersection of Thomas Point Bath Road has had a total of 5 reportable accidents and therefore would not be listed as a High Crash Location (HCL). In my opinion the addition of a few new vehicle trips to the intersection, which admittedly will involve long delays to vehicles making a left turn from Thomas Point Road, will not create or contribute to unsafe traffic conditions, since no such condition appears to exist now. I trust that the above addresses your current needs in this matter. Should you have any questions or require additional assistance, please contact me. 2

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