TOWN OF WELLS, MAINE PLANNING BOARD

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3 TOWN OF WELLS, MAINE PLANNING BOARD Meeting Minutes Monday, August 25, 2014, 7:00 P.M. Littlefield Meeting Room, Town Hall 208 Sanford Road CALL TO ORDER AND DETERMINATION OF QUORUM Chairman Chuck Millian called the meeting to order at 7:00 P.M. Members present: George Raftopoulos, Dennis Hardy, Charles Anderson and Pierce Cole. Staff present: Mike Livingston, Town Engineer/Planner. MINUTES August 4, 2014 Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to approve the minutes as written. PASSED unanimously. PUBLIC HEARINGS I. JULIAN HUXLEY SUBDIVISION Paul Hollis, JE & MKM, LLC owners; Attar Engineering, Inc. applicant/engineer. Final Subdivision Amendment Application to divide lot 31.C-13 into 5 lots creating a total of 18 residential cluster single family dwelling units/ lots within the Julian Huxley Subdivision. The subdivision is located off of Littlefield Road off of Julian Huxley Lane and is within the Rural District. Tax Map 24, Lot 31.C-13. Paul Hollis, applicant, and Ed Brake from Attar Engineering were present. This amendment will divide one lot into 5 lots for a total of 18 residential lots in a cluster subdivision. The DEP permit has been issued. There will be individual wells and septic systems. There was a question about the water capacity along Route 9B with all the development that is happening in that area. Mr. Livingston said the hydrogeologic assessment looked at the capacity for wells in the subdivision and studied the nitrate plumes to avoid well contamination by the septic systems. There haven t been any bad wells in that area for about 10 years. Each project is looked at independently during the review. There will be a Comprehensive Plan Visioning Meeting at 6 PM on September 18 at the Activity Center. Everyone is welcome to attend and provide input for the next revision of the plan. PB Min of 11

4 Motion by Mr. Cole, seconded by Mr. Hardy, to close the public hearing. PASSED unanimously. II. An Ordinance to Amend Chapter 145 (Land Use) and Chapter 80 (Animals) of the Code of the Town of Wells to Clarify Terminology with regard to animal types, poultry use and Town-Wide Regulations for permitted uses requiring Site Plan Approval. There have been problems with poultry and other livestock getting loose and wandering onto other property. The current ordinance allows only household animals on residential lots. Other animals require a 100,000 sq. ft. lot and site plan approval. With the number of families raising chickens, it seems appropriate to change the ordinance to simplify the approval process. The recommended limit is 20 chickens per residential lot. Poultry would be permitted in all zones except Resource Protection, Light Industrial and Commercial Zones. Livestock would be allowed only in Rural, RA and RC zones. The draft is on the Town web site for people to review. Public comments supported allowing chickens and other livestock as long as the owners act responsibly. There was a question about the square footage and number of animals allowed per acre; 100,000 sq. ft. is in the ordinance now and a final number hasn t been recommended to the Selectmen yet. Motion by Mr. Cole, seconded by Mr. Hardy, to close the public hearing. PASSED unanimously. DEVELOPMENT REVEW & WORKSHOPS III. An Ordinance to Amend Chapter 145 (Land Use) and Chapter 80 (Animals) of the Code of the Town of Wells to Clarify Terminology with regard to animal types, poultry use and Town-Wide Regulations for permitted uses requiring Site Plan Approval. Workshop and make recommendations to the Board of Selectmen The Town Attorney has commented on the language in the livestock portion; either livestock could be eliminated as a permitted use, or a lot size limit could be imposed. Board members favored a stepped approach based on the lot size and zone. Mr. Livingston suggested postponing any action until the June Town Meeting to allow time for thoughtful revisions. The Code Office is not taking any action on the existing ordinance until the new one is in place. The Planning Board could hold another public hearing and workshop on the revisions before forwarding the changes to the Selectmen. Motion by Mr. Cole, seconded by Mr. Raftopoulos, to continue the workshop. PASSED unanimously. PB Min of 11

5 IV. 372 POST ROAD AM Morse & Sons, LLC owner/applicant; John E. Powers, agent; Jim Wright, surveyor. Site Plan Amendment Pre-Application for approval of various Business uses to be permitted within the existing 28,080 SF buildings. Uses proposed include: Business Contractor, Office, Personal Service, Service, Retail, Wholesale and Sawmill. The site plan will also provide additional parking spaces. The parcel is located off of 372 Post Road and is within the General Business and Rural Districts. Tax Map 27, Lot 3A. Receive Site Plan Amendment Pre-Application and schedule a Site Walk Motion by Mr. Cole, seconded by Mr. Anderson, to receive the site plan amendment preapplication. PASSED unanimously. John Powers represented the applicant. The owner is applying for a partial use of the site under the sawmill definition. The owner would like to clean up the site and rent out the front building for commercial uses. No site plan changes are proposed at this time. The sawmill is operating in the rear building, as approved. The old site plan that expired was for VIP, and the entrance was going to be moved to the north. Traffic volume will determine whether a new entrance is needed. The Board felt that a site walk is needed. Motion by Mr. Raftopoulos, seconded by Mr. Cole, to schedule a site walk for Thursday, August 28 at 6 PM. PASSED unanimously. V. WELLS TRANSFER STATION Town of Wells, owner/applicant. Site Plan Amendment Application to address changes made to the parcel since the 2001 site plan approval which include: retaining walls and container areas, redefined access road and travel direction. The Amendment proposes to remove a shed, construct an E-Waste building, install additional retaining walls and container/compacter areas, and define a leased area for a third party around the existing Transfer Station buildings. The parcel is located off of 386 Willie Hill Road and is within the Light Industrial, Rural, Resource Protection and 250 Shoreland Overlay Districts. Tax Map 41, Lot 1.EXE. Receive Site Plan Amendment Application, schedule a site walk, and workshop completeness if appropriate Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to receive the site plan amendment application. PASSED unanimously. This is a Town project to reorganize the solid waste facility and lease a portion of it. Town Manager Jon Carter discussed the change in our transfer station operations. The Transfer Station is now an enterprise fund and we try to operate it as a business with a profit, or at least break even. It now accepts only residential waste on a pay-per-bag system and residential recycling. With the reduction of volume, the building space is underutilized. The Solid Waste and Recycling Committee sent out RFP s and conducted a site walk for interested parties. One proposal was received from Oceanside Rubbish. The Committee has recommended that the PB Min of 11

6 Selectmen consider the Oceanside proposal and a lease is being drafted. The site plan should be amended to include this proposal. Mr. Livingston discussed the redesign of the buildings and compactor areas and the modified traffic flow. There will be a new automated gate for security. Motion by Mr. Raftopoulos seconded by Mr. Cole to schedule a site walk for 9 AM on Saturday, PASSED unanimously. VI. OLD MARSH GOLF COURSE RESIDENTIAL DEVELOPMENT Eagle Development, LLC, owner/applicant; Walsh Engineering Associates, agent. Final Subdivision Amendment #7 Application to amend the road construction detail for the subdivision private roadways. The property is located off of Route 9B and off of Clubhouse Road and is within the Residential A, Rural, 75 and 250 Shoreland Overlay, and Resource Protection Districts. Tax Map 33, Lot 1. Receive the Final Subdivision Amendment Application, determine if a site walk is necessary, workshop completeness, determine if a public hearing is necessary, workshop compliance and the Certificate of Approval Mr. Cole recused himself because his parents are abutters. Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to receive the final subdivision amendment application. PASSED unanimously by those voting. Dave Trahan of Eagle Development was present. This amendment will change the road construction details for the private roads in the subdivision. The road locations and pavement width are not changing. The approved road cross section is on the old 1997 plan. The Planning Board needs to determine what the road standards should be because this is a condominium project. The gravel base is proposed to be 28 wide and the pavement is only 10 wide. The shoulders provide adequate space for emergency vehicles. The Town s third party engineer recommended some note changes. Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to waive the requirement for another site walk. PASSED unanimously by those voting. The cross section detail is the only completeness item and contains enough information for the review. The road width and location are not changing. Motion by Mr. Anderson, seconded by Mr. Raftopoulos, to find the application complete. PASSED unanimously by those voting. Motion by Mr. Anderson, seconded by Mr. Raftopoulos, to waive the requirement for another public hearing. PASSED unanimously by those voting PB Min of 11

7 There was a request from the public to hold another public hearing because of trucks passing through a residential neighborhood. Construction vehicles were discussed at the pre-construction meeting. The piles of fill will remain at the connection of the new road with the cul-de-sac until the paving is completed. Trucks will then have access from another public road. For now, contractors should use the new entrance by the golf course. Mr. Millian advised the neighbors to contact the Police Department about trucks and other vehicles speeding through their neighborhood. Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to find the application compliant. PASSED unanimously. Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to approve and authorize the Chairman to sign the Certificate of Approval. PASSED unanimously. Mr. Cole returned to the Board. VII. RIVER S EDGE SUBDIVSION Hissong Properties, LLC, owner; Mike Polakewich, agent. Attar Engineering, Inc, engineer. Final Subdivision Amendment Application to amend the plan to remove and alter references to Affordable Housing requirements. The existing 46 dwelling unit subdivision is located off of Buttonbush Lane/ Juniper Lane off of Bragdon Road and is within the Residential A and 75 Shoreland Overlay Districts. Tax Map 54, Lot 5. Workshop compliance and Findings of Fact & Decisions for possible approval Mike Polakewich represented Hissong Properties. This amendment eliminates Note 2 regarding affordable units because of the difficulty obtaining financing without comparable appraisals. Mr. Hardy was concerned about the language of Note 16 and preserving fishing rights for the public along the river. Mr. Livingston said the language of Note 12 was changed. Mr. Hardy recommended deleting not to be available for public use in Note 16. Mr. Polakewich said they didn t intend to deny public access. Mr. Millian said the Board could give conditional approval. Motion by Mr. Anderson, seconded by Mr. Raftopoulos, to grant conditional approval. PASSED unanimously. The revised plans, Mylars and Findings of Facts & Decisions will be signed at the next meeting. VIII. BRADFORD VILLAGE Bayberry LP, owner. Corner Post Land Surveying, engineer. Final Subdivision Amendment Application for phased construction of the approved 14 lot/dwelling unit residential cluster major subdivision. The parcel is located off of 470 Bragdon Road and is within the Rural District. Tax Map 47, Lot 21A. Receive Final Subdivision Amendment Application, determine a site walk, and workshop draft completeness if appropriate Motion by Mr. Cole, seconded by Mr. Raftopoulos, to receive the final subdivision amendment application. PASSED unanimously. PB Min of 11

8 Wes Cook represented the applicants. The applicants are requesting a phased construction plan for the subdivision. Mr. Livingston said the original approval was November 2, 2009 and will expire this November. The Code doesn t have a specific way to extend an approval, but it provides for amending an approval. He recommended amending the plan in some way, such as a phasing plan for the road construction. If the Board approves an amendment it would be good for another 5 years. One abutter called the Planning Office to ask about the notice. Several Board members haven t walked the property and a site walk seems advisable. Mr. Anderson recommended that a minimum of 3 members should attend each site walk to provide adequate input. Motion by Mr. Raftopoulos, seconded by Mr. Anderson, to schedule a site walk for 10 AM on September 6. PASSED unanimously. Mr. Hardy requested a follow-up to Board members. Mr. Livingston will everyone Thursday before the site walk to ensure that 3 members will attend. IX. BURNT MILL SUBDIVISION Burnt Mill Holding Company, LLC, owner, William Bradley Booth, applicant; Hart Howerton & Corner Post Land Surveying, Inc, engineer/surveyor. Preliminary Subdivision Amendment application to alter the previous Burnt Mill Subdivision approval consisting of 85 dwelling units (Multifamily Development) within 3 subdivisions to become 1 subdivision consisting of 192 dwelling units. The dwelling units will be designed so a total of 172 single and duplex units shall comply with Residential Cluster Development standards (individual lots a minimum of 20,000 SF in size) and 20 single units shall comply with Multifamily Development standards (20 units on 1 lot). 34 dwelling units are considered to remain unchanged from the previous approval. Various roadways, infrastructure, neighborhood parks, a Kid Club, a Fitness/Pool Center, an Event Barn and a Boat House are also proposed; some or all of which may require separate Site Plan approval. The 18-hole Golf Course to remain; a separate Site Plan Amendment approval is necessary for proposed changes made to the Golf Clubhouse, Golf Maintenance Building, Practice Range and hole configuration. Parcels are located within the Rural & 75 Shoreland Overlay Districts and are off or in the vicinity of Hobbs Farm Road, Storer Lane, Meetinghouse Road and Branch Road. Tax Map 62, Lots 8, 12, and 13 and Tax Map 63, Lot 7. Workshop Preliminary Subdivision Application and make recommendations on density and density bonuses Brad Booth and Dwight DeMay were present. The applicants have submitted a request to the ACE for an updated wetlands permit and are about to submit the DEP stormwater application. The density calculations need to be finalized for these applications. Mr. Livingston discussed the density determination section of the ordinance and the small amount of road area relative to the size of the project. The Planning Board should consider 5% vs. 15% for the density calculation. Mr. Millian felt the Board should get a legal opinion, and Mr. Livingston said the Town Attorney could issue an opinion in time for the next meeting. Mr. Hardy asked about shoreline setbacks and the ownership of water bodies. Mr. Livingston the Code defines water bodies as up to the high water mark where the aquatic vegetation stops. That area would be deducted (not the fresh water wet land or buffer zone). The parking lot includes a buffer for stormwater management. Mr. Millian asked if Mr. Livingston agreed with the requested bonuses. The first 10% for open space is straightforward. The second 5% bonus is for public access to the open space and there PB Min of 11

9 needs to be a legal means of guaranteeing public access. The bonus for preservation of historic and natural features needs to clarify the area south of the event barn. The conservation easement at the back of the property will be contiguous with another proposed subdivision before the Board. Mr. Booth said they are willing to connect the trails on the two projects. This project is also adjacent to the Town s recreation area and provides a nice corridor along the river. The bonus for preserving scenic vistas is in question, as there will be a number of new houses and other buildings, buffered but not visually screened from the road. The pond and river vistas may be preserved. This project was being developed when the Comprehensive Plan was amended, so it is considered a growth area with density bonuses left up to the discretion of the Planning Board. Mr. Hardy felt there should be some limitation on the density bonuses granted because of the extensive development of this pristine area. If 5% is used for the road and parking areas the number of units would be 150; if 15% is used there would be 134 units. Using the 134 as a base number and adding 130% for all the bonuses requested, the total would be 174 total units (vs. 195 units at 5%). Mr. Anderson asked if sections of this property might be sold to another developer. The applicants are trying to create residential units and sell lots to homeowners while they build the golf course. Mr. Millian said that builders could buy lots and build the homes, while generating cash flow for the golf course. Mr. Anderson asked about enforcing architectural standards. The Homeowners Association will be responsible. Ken Carey, a member of the holding company, said the density is important for the financing. They are asking only for the bonuses allowed by the ordinance. Mr. Millian said the project originally consisted of 85 units, now it is doubling the amount of units. Mr. Carey said if they went back to 85 units there would be no golf course and no open space because they couldn t get funding. The golf course is a desirable feature for the Town. Mr. Livingston said the Board should review and vote on each density bonus separately. The first bonus for open space should be protected by some legal document. Mr. Hardy s concern was that the golf course would be open to the public. The original plan called for a private club, but this will now be a public course. In winter, the property will be open for cross country skiing on the golf course and skating on the pond. The definition of open space is land that is not developed; public access is another category. The Code states that the bonuses are at the discretion of the Board. Motion by Mr. Cole seconded by Mr. Raftopoulos to grant a 10% bonus for D(1) open space greater than 50%. PASSED 3-1. Motion by Mr. Anderson, seconded by Mr. Cole, to grant a 5% bonus for D(5) public access to open space, conditional on a deeded easement to the Town. The motion FAILED 1-3. Motion by Mr. Cole, seconded by Mr. Raftopoulos, to grant a 5% bonus for D(6) preservation of existing historic structures and natural features including the dam. The motion FAILED 0-4. PB Min of 11

10 Motion by Mr. Hardy to grant a 2.5% bonus for D(7) links to adjoining dedicated Open Space. The motion was not seconded. Motion by Mr. Cole, seconded by Mr. Anderson, to grant a 5% bonus for D(7) links to adjoining dedicated Open Space. PASSED 3-1. Motion by Mr. Anderson, seconded by Mr. Cole, to grant a 5% bonus for D(8) preserving scenic vistas along roads in rural areas. The motion FAILED 1-3. Motion by Mr. Hardy, seconded by Mr. Cole, to continue the workshop to the next meeting. PASSED unanimously. Mr. Hardy asked for a clarification of the total number of units. Mr. Livingston said if everything requested was granted the maximum number of units would be 195. X. JULIAN HUXLEY SUBDIVISION Paul Hollis, JE & MKM, LLC owners; Attar Engineering, Inc. applicant/engineer. Final Subdivision Amendment Application to divide lot 31.C-13 into 5 lots creating a total of 18 residential cluster single family dwelling units/ lots within the Julian Huxley Subdivision. The subdivision is located off of Littlefield Road off of Julian Huxley Lane and is within the Rural District. Tax Map 24, Lot 31.C-13. Workshop comments from public hearing and workshop compliance and Draft Findings of Fact & Decisions for possible final approval Paul Hollis, applicant, and Ed Brake of Attar Engineering were present. Mr. Livingston reported that the fire pond has been constructed and was approved by the Fire Chief. However, the easement had to be recorded within 30 days as a condition of the previous approvals, and the 30 days expired on August 8. This put the developer in default of his two previous approvals, but he was able to have the easement signed and recorded today. Another item was to obtain a Declaration of Restriction from the abutter for the drainage area. The Code requires an easement, and the Board must decide if this declaration meets the requirements. Mr. Livingston recommends a note on the plan that no building permits will be granted on the 5 proposed new lots until that declaration is recorded. The Town Attorney has commented on the proposed deed and made some minor changes. Mr. Hollis said they moved the drainage swale to a more appropriate area and the owner didn t want an easement on his property. The DEP agreed to the language of the declaration. The DEP permit requires adding the swales to all the deeds, and there must be wooded buffers. The DEP has approved the language of the restrictive declaration, but not the amendment to site location permit. A minor modification of the permit is needed to move the swale. Motion by Mr. Cole, seconded by Mr. Raftopoulos, to grant a waiver of the requirement for an easement and substitute the Declaration of Restriction. PASSED unanimously. PB Min of 11

11 Note 16 has been added to alert buyers that no building permits will be issued until the amendment to the site location permit is received. The original Homeowners Association document had a two year period from the original approval to have phase 2 approved. This period ended in August, but the Town Attorney feels that this is a civil matter between the existing lot owners and the developer. Compliance was reviewed. Motion by Mr. Cole seconded by Mr. Raftopoulos, to find that the iron pipe monumentation is suitable. PASSED unanimously. The recommended minor note changes have been made. The two outstanding subdivision defaults have been corrected. Mr. Hollis clarified the ownership of the parcel and the names of the two LLC s. Mr. Livingston said the application is complete and compliant with everything that has been submitted, but a special condition of approval could be added requiring the attorney s review and approval of the final sample deed and LLC documentation before the 5 building permits are issued. Motion by Mr. Cole, seconded by Mr. Raftopoulos, to grant conditional approval contingent upon the revision of the Findings of Facts & Decisions. PASSED unanimously. The plans will be signed at the September 8 meeting if the necessary items are provided to the Planning Office. XI. OCEAN MIST VILLAGES (formerly known as LITTLEFIELD SUBDIVISION) Sandra Nichols, owner. Seal Harbor, LLC, applicant. Attar Engineering, Inc. agent. Final Subdivision Application for a 5.33 acre parcel to be developed into 11 single family dwelling units as a Multifamily Development Major Subdivision with 1.8 acres of open space, a clubhouse, a pool and a private road. The parcel is located within the General Business and Residential A Districts. Tax Map 117, Lot 14. Receive Final Subdivision Application, workshop completeness and determine a Final Public Hearing if appropriate Mr. Cole recused himself because his father is an abutter. Motion by Mr. Raftopoulos, seconded by Mr. Hardy, to receive the final subdivision application. PASSED unanimously by those voting. Ed Brake from Attar Engineering represented the applicant. Preliminary approval was granted last May with some conditions for the final submission. The Board usually waives DEP approval until the final approval so the input from the public hearing can be considered. Motion by Mr. Hardy, seconded by Mr. Anderson, to grant the waiver for the DEP stormwater permit until final approval. PASSED unanimously by those voting. PB Min of 11

12 The Tax Assessor s office is still processing the request for road name approval and to have map/lot and unit numbers assigned. The final Condominium Association documents need to be submitted. The boundary survey was submitted; it doesn t have to be stamped until the final plan is prepared. The applicant requests waivers of the letters from the Water and Sanitary Districts until final approval. Motion by Mr. Hardy, seconded by Mr. Raftopoulos, to waive the letter from the Sanitary District until final approval. PASSED unanimously by those voting. Motion by Mr. Hardy, seconded by Mr. Raftopoulos, to waive the letter from the Water District until final approval. PASSED unanimously by those voting. The pool building will have showers, bathrooms, changing rooms and equipment storage; it will not be a club house. A 9 wide path to the pool area is proposed to accommodate emergency vehicles. The abutters were asked to contact the Planning Office about their preferences for buffering. A staggered arbor vitae screen would take a while to grow and fill in. The open space will be left in its natural vegetated state. The large trees in the cul-de-sac are noted to be saved. Mr. Hardy questioned the wording of the note. The two willow trees in front will be saved. Different language is needed for the trees by the cul-de-sac. Motion by Mr. Hardy, seconded by Mr. Anderson, to extend the meeting another 30 minutes. PASSED unanimously by those voting. In consultation with Mr. Livingston and the Public Works Director, the developer has redesigned the drainage to cross under Route 9B and flow to the catch basin at the north side of the corner of 9B and Route 1. A list of items for the applicant to consider was reviewed. Motion by Mr. Hardy, seconded by Mr. Raftopoulos, to continue the workshop. PASSED unanimously by those voting. Mr. Cole returned to the Board. XII. An Ordinance to Amend Chapter 145 (Land Use) and Chapter 202 (Subdivision) of the Code of the Town of Wells to Clarify Terminology with regard to authorized agents and approval and denial of building permits and Reviewing Authority references. Workshop proposal and schedule a public hearing This ordinance change was requested by the Code Office to give them the same ability regarding building permits that the Planning Board has regarding approving subdivisions. If an owner is in violation the Code Office can deny a permit, but there is no reference to authorized agents or developers. The Town Attorney recommended changing the site plan and subdivision sections to match. The Board can workshop this and forward it to the Selectmen for the June 2015 ballot. PB Min of 11

13 Mr. Hardy volunteered to serve on a committee to assist Mr. Livingston with the changes to the livestock section of the ordinance. OTHER BUSINESS ~SRC & CEO site plan reviews and approvals update. There was a change of use at Colonial Square Condominiums approved by the Code Office. ~A Comprehensive Plan Visioning Meeting was held last Saturday. The next meeting will be 6 PM September 18 at the Activity Center. ~There will be a workshop October 1 at Wells Reserve on Green Infrastructure. ADJOURN Motion by Mr. Cole, seconded by Mr. Raftopoulos, to adjourn. PASSED unanimously. MINUTES APPROVED, 2014 ACCEPTED BY: Robert Sullivan, Secretary Cinndi Davidson, Recorder PB Min of 11

14 TOWN OF WELLS, MAINE PLANNING BOARD Meeting Minutes Monday, September 8, 2014, 7:00 P.M. Littlefield Meeting Room, Town Hall 208 Sanford Road CALL TO ORDER AND DETERMINATION OF QUORUM Chairman Chuck Millian called the meeting to order at 7:00 P.M. Members present: Rick Goodrich, Bob Sullivan, George Raftopoulos, Dennis Hardy, Charles Anderson and Pierce Cole. Staff present: Mike Livingston, Town Engineer/Planner and Meeting Recorder Cinndi Davidson. MINUTES The minutes of the August 25, 2014 meeting will be edited and ready for review at the next meeting. Motion by Mr. Anderson, seconded by Mr. Raftopoulos, to pass on the review until the next meeting. PASSED unanimously. DEVELOPMENT REVIEW & WORKSHOPS I. 372 POST ROAD AM Morse & Sons, LLC owner/applicant; John E. Powers, agent; Jim Wright, surveyor. Site Plan Amendment Pre-Application for approval of various Business uses to be permitted within the existing 28,080 SF buildings. Uses proposed include: Business Contractor, Office, Personal Service, Service, Retail, Wholesale and Sawmill. The site plan will also provide additional parking spaces. The parcel is located off of 372 Post Road and is within the General Business and Rural Districts. Tax Map 27, Lot 3A. Report Results of Site Walk John Powers represented the applicant. Mr. Livingston reported on the results of the August 28 site walk which Mr. Millian, Mr. Hardy, Mr. Raftopoulos, Mr. Anderson, Mr. Powers and 4 abutters attended. There is dense vegetation and a stockade fence along the south side of the property, and a chain link fence with some trees on the north side. The abutters major concern was noise. Sight distances are good at the entrance. Mr. Livingston provided copies of Bill Eaton s traffic study and the HNTB peer review which were done for the VIP project. A 15 vegetated buffer is required along Route One. Mr. Powers said the owner prefers to either keep the existing entrance or move it down to the area that was proposed by VIP. PB Min of 6

15 Motion by Mr. Cole, seconded by Mr. Anderson, to move forward with the application. PASSED unanimously. II. WELLS TRANSFER STATION Town of Wells, owner/applicant. Site Plan Amendment Application to address changes made to the parcel since the 2001 site plan approval which include: retaining walls and container areas, redefined access road and travel direction. The Amendment proposes to remove a shed, construct an E-Waste building, install additional retaining walls and container/compacter areas, and define a leased area for a third party around the existing Transfer Station buildings. The parcel is located off of 386 Willie Hill Road and is within the Light Industrial, Rural, Resource Protection and 250 Shoreland Overlay Districts. Tax Map 41, Lot 1.EXE. Report Results of Site Walk, Workshop Completeness, and determine possible Public Hearing Town Manager Jon Carter was present. Mr. Livingston reported on the September 6 site walk which Mr. Hardy, Mr. Raftopoulos, Mr. Goodrich and Mr. Carter attended. The proposed traffic flow will be around the existing building to the backside where the compactors will be relocated. Few changes to the site layout are proposed. There will be a new shed for e-waste. A new scale will be located near the existing office, with a sliding gate accessible by Town and Oceanside employees. Motion by Mr. Cole, seconded by Mr. Sullivan, to find that the existing tree line provides an adequate buffer. PASSED unanimously. Employee parking was discussed with the CEO. The recommendation is 5 spaces for Oceanside and 4 spaces for the Town area. Motion by Mr. Cole, seconded by Mr. Sullivan, to waive the requirement for a soil erosion and sedimentation control plan since there will be minimal disturbance of the site. PASSED unanimously. The stormwater and drainage analysis and DEP permit are pending and must be received before the final approval. Motion by Mr. Cole, seconded by Mr. Raftopoulos, to appoint Mr. Livingston completeness agent. PASSED unanimously. Motion by Mr. Cole, seconded by Mr. Sullivan, to waive the requirement for a new boundary survey. PASSED unanimously. Traffic was discussed. Currently there are 54 peak hour trips; this is expected to increase to 62 trips, still below the DOT requirement for a traffic study or permit. The consensus was that the Board doesn t need a traffic study. PB Min of 6

16 Mr. Carter reported on the lease status. The attorneys for both parties are working on it and it will be presented to the Solid Waste Committee next Monday. If the Committee recommends, it will be presented to the Selectmen on October 7. The status of the lease shouldn t impact the Planning Board s public hearing. Motion by Mr. Cole, seconded by Mr. Anderson, to waive the requirement for the lease until final approval. PASSED unanimously. Motion by Mr. Cole, seconded by Mr. Sullivan, to schedule a public hearing for September 22. PASSED unanimously. III. BRADFORD VILLAGE Bayberry LP, owner. Corner Post Land Surveying, engineer. Final Subdivision Amendment Application for phased construction of the approved 14 lot/dwelling unit residential cluster major subdivision. The parcel is located off of 470 Bragdon Road and is within the Rural District. Tax Map 47, Lot 21A. Report Results of Site Walk and workshop draft completeness if appropriate Applicant Wes Cook was present. Mr. Livingston reported on the September 6 site walk which Mr. Hardy, Mr. Raftopoulos, Mr. Goodrich, Mr. Cook and Paul Hollis attended. The site is a former gravel pit which is being reclaimed as a 14 lot cluster subdivision with a private road. A large open space is being conveyed to the Great Works Regional Land Trust. The applicant and his surveyor will decide about phasing. IV. RIVER S EDGE SUBDIVSION Hissong Properties, LLC, owner; Mike Polakewich, agent. Attar Engineering, Inc, engineer. Final Subdivision Amendment Application to amend the plan to remove and alter references to Affordable Housing requirements. The existing 46 dwelling unit subdivision is located off of Buttonbush Lane/ Juniper Lane off of Bragdon Road and is within the Residential A and 75 Shoreland Overlay Districts. Tax Map 54, Lot 5. Consider approving and signing Amended Subdivision Plans and Findings of Fact & Decisions Mike Polakewich of Hissong Properties was present. At the last meeting, conditional approval was granted based on the removal of certain language in Note 16. The owner s legal counsel said that the note was opening the entire open space area to public access, which was not the intent. The owner s insurance agent felt that the proposed change would expose the owner to liability if someone is injured. Notes 12 and 16 have been reworded to permit public access to the cemetery, which also provides access to the river. Mr. Hardy s concern was that people would still have access to fish in the river, and the owner agreed. The back of the subdivision abuts a power line which is used for hunting, RV s, etc. Motion by Mr. Sullivan, seconded by Mr. Cole, to reconsider the August 25 approval. PASSED unanimously. PB Min of 6

17 Mr. Livingston said that Note 16 is part of the original approval of this subdivision, which is grandfathered, and this amendment deals with the affordable housing references. Motion by Mr. Raftopoulos, seconded by Mr. Cole, to accept the modified Note 16 referencing Note 12. PASSED unanimously. Motion by Mr. Sullivan, seconded by Mr. Raftopoulos, to sign the Findings of Facts & Decisions and plans at the end of the meeting. PASSED unanimously. V. JULIAN HUXLEY SUBDIVISION Paul Hollis, JE & MKM, LLC owners; Attar Engineering, Inc. applicant/engineer. Final Subdivision Amendment Application to divide lot 31.C-13 into 5 lots creating a total of 18 residential cluster single family dwelling units/ lots within the Julian Huxley Subdivision. The subdivision is located off of Littlefield Road off of Julian Huxley Lane and is within the Rural District. Tax Map 24, Lot 31.C-13. Consider approving and signing Amended Subdivision Plans and Findings of Fact & Decisions Applicant Paul Hollis was present. At the last meeting, the Board granted conditional approval based on adding special conditions 3 & 4 to the Findings of Facts & Decisions. The DEP Modification Permit was issued today. Motion by Mr. Cole, seconded by Mr. Sullivan, to grant final approval and sign the Findings of Facts & Decisions and the plans at the end of the meeting. PASSED unanimously. VI. OCEAN MIST VILLAGES (formerly known as LITTLEFIELD SUBDIVISION) Sandra Nichols, owner. Seal Harbor, LLC, applicant. Attar Engineering, Inc. agent. Final Subdivision Application for a 5.33 acre parcel to be developed into 11 single family dwelling units as a Multifamily Development Major Subdivision with 1.8 acres of open space, a clubhouse, a pool and a private road. The parcel is located within the General Business and Residential A Districts. Tax Map 117, Lot 14. Workshop completeness and determine a Final Public Hearing if appropriate Mr. Cole recused himself because his father is an abutter. Lew Chamberlain of Attar Engineering represented the applicant. The DEP stormwater permit has been submitted. The Tax Assessor s Office is checking the proposed road name to avoid any 911 conflict. The abutters have been commenting on the proposed screening. The Board felt that the proposed vegetation didn t provide enough screening and is waiting for comments at the public hearing. The Fire Chief s letter is pending. A fire hydrant is proposed within the subdivision. Project phasing was considered, and abutters input will be obtained regarding a prolonged construction period. The soil erosion and sedimentation control are tied to the phasing. The Town Attorney needs to review the condominium documents before final approval. Mr. Anderson asked if it is better to have solid screening, either fencing or shrubs, rather than a mix. Mr. Chamberlain said there can be a mix as long as the appearance is consistent. Most of PB Min of 6

18 the abutters on the south side prefer a fence, while the Planning Office received mixed input from the abutters along the cul-de-sac. Motion by Mr. Sullivan, seconded by Mr. Anderson, to appoint Mr. Livingston completeness agent. PASSED unanimously. Motion by Mr. Sullivan, seconded by Mr. Raftopoulos, to schedule a public hearing when the application is complete. PASSED unanimously. Mr. Cole returned to the Board. VII. WELLS TOWN HALL Town of Wells, owner/applicant. Site Plan Amendment Application to amend the 2004 site plan to address changes made which include: relocation of dumpsters, fuel storage, generator and AC units, changes to paved areas and parcel size. The application also seeks approval to expand the parking lot from 68 spaces to 93 spaces. The parcel is located off of 208 Sanford Road and is within the General Business & Residential Commercial Districts. Tax Map 134, Lot 24.exe. Receive Site Plan Amendment Application and schedule a Site Walk Motion by Mr. Cole, seconded by Mr. Raftopoulos, to receive the site plan amendment application. PASSED unanimously. Mr. Livingston discussed the plan to update the 2004 site plan and expand the parking lot. The utility easement was just approved as part of the high school project. Unitil is working with the DOT on the placement of a new gas line, either over or under the railroad tracks. Motion by Mr. Sullivan, seconded by Mr. Anderson, to schedule a site walk for 6:30 PM on September 22. PASSED unanimously. VIII. An Ordinance to Amend Chapter 145 (Land Use) of the Code of the Town of Wells to Clarify Terminology with regard to animal types, poultry use and Town-Wide Regulations for permitted uses requiring Site Plan Approval. Workshop and make recommendations to the Board of Selectmen Mr. Livingston revised the memo after the public hearing, and the question has been postponed to the June 2015 ballot. A limit of 20 fowl per property is proposed, unless a family is raising chickens for meat as well as eggs. Poultry includes chickens, ducks, geese and turkeys. The Selectmen want to eliminate the requirement for a site plan and set a minimum lot size. Another item to include in the ordinance is livestock. Considerations include the lot size, zoning, and animal species and size. Mr. Livingston suggested defining the use and setting a 2 or 2.3 acre minimum lot size. Mr. Hardy recommended starting with a 2 acre lot minimum; Mr. Sullivan proposed 2.3 acres for new lots. PB Min of 6

19 IX. An Ordinance to Amend Chapter 145 (Land Use) and Chapter 202 (Subdivision) of the Code of the Town of Wells to Clarify Terminology with regard to authorized agents and approval and denial of building permits and Reviewing Authority references. Workshop proposal The Code Office would like the same ability that the Planning Board has to deny a permit if a developer is in default on another site plan or subdivision. This amendment would allow the Code Office to deny a building permit if there is any default. The Town Attorney recommended applying this to an owner, agent, developer and LLC s with the same management. A building permit could be denied if there is a violation of a State or Federal regulation, but a default in another town wouldn t affect permits in Wells. Motion by Mr. Cole, seconded by Mr. Anderson, to forward the revisions to the Town Attorney for comment. PASSED unanimously. OTHER BUSINESS ~ SRC & CEO site plan reviews and approvals update ~Mr. Hardy asked about the Town Attorney s letter on the Burnt Mill project. The applicant is reviewing her opinion on the density bonuses and the 5% vs. 15% for roads and parking. ~Congratulations to Mr. Goodrich on his appointment as an alternate member. ADJOURN Motion by Mr. Cole, seconded by Mr. Raftopoulos, to adjourn and sign plans and Findings. PASSED unanimously. MINUTES APPROVED, 2014 ACCEPTED BY: Robert Sullivan, Secretary Cinndi Davidson, Recorder PB Min of 6

20 TOWN OF WELLS, MAINE PLANNING BOARD To: Town of Wells Planning Board From: Planning Office Date: September 17, 2014 Re: Wells Transfer Station Tax Map 41, Lot 1.exe Public Hearing The Planning Office has not received any correspondence regarding the amendment application proposed for the Wells Transfer Station. Thank you.

21 Planning & Development 208 Sanford Road, Wells, Maine Phone: (207) , Fax: (207) Website: Michael G. Livingston, Town Engineer/Planner Shannon M. L. Belanger, Planning Assistant Site Plan Amendment Application Memo Date: September 19, 2014 To: From: Re: Planning Board Planning & Development Wells Town Hall Site Plan Amendment Application - Map 134, Lot 24.exe The Town of Wells, owner/applicant, has submitted a Site Plan Amendment Application to seek approval for changes made to the Town Hall property since the 2004 site plan approval which includes the relocation of dumpsters, fuel tanks, AC and generators, enlargement of paved area and changes to sidewalks. The plan also shows the parcels boundaries. The amendment also proposed to expand the parking lot from 68 spaces to 93 spaces. The parcel is located off of 208 Sanford Road and is within the General Business and Residential Commercial Districts. The parcel is identified as Tax Map 134, Lot 24.exe. The parcel is served by public sewer and public water and is approximately 4.12 acres in size Applicability. All uses identified as permitted with site plan approval in Article V shall be subject to the requirements of this article in the following situations: A. A new use is proposed on a lot; B. Resumption of a use which has been discontinued for at least two years is proposed; or C. An existing use proposes to expand its gross floor area and/or land area. YES additional parking is proposed Reviewing authority. [Amended ] A. The reviewing authority for uses or structures requiring site plan review under Article V shall be determined by the Reviewing Authority Chart. Editor's Note: The Reviewing Authority Chart is included at the end of this chapter. [Amended ] The amendments sought requires Planning Board approval. B. If a particular reviewing authority is set forth in sections of the Wells Municipal Code other than Subsection A of this section for a particular use, structure or procedure that conflicts with the above chart, such other sections of the Code will control with respect to the proper review authority Applications. [Amended ] Appropriate application forms shall be available from the Office of Planning and Development. All applications shall be filed with the Office of Planning and Development, and the application fee shall be paid to the Town of Wells Fees. A. An application fee as established by the Board of Selectmen, following notice and a public hearing, shall be paid at the time an application is filed. A waiver of the application fee is requested. B. The applicant shall reimburse the Town for all expenses incurred for notifying abutters of the proposed site plan and advertising of any public hearing regarding the site plan. C. The Town staff or Planning Board may employ the services of technical experts to assist it in reviewing

22 applications and in determining appropriate conditions of approval. The applicant shall be informed of the intended use of such services and their approximate cost. A deposit equal to the estimated cost shall be paid to the Town prior to the employment of any such technical experts. The total cost of any such review shall be paid by the applicant prior to the signing of any approved plans. If the entire deposit is not expended, the remaining balance shall be returned to the applicant. [Amended ; ] Review and approval process. G. Amendment to approved site plans. (2) Upon receipt of an application to amend a previously approved site plan, the Code Enforcement Officer shall follow the procedure for reviewing a site plan review preapplication as set forth in Subsection A. Notice of the filing of an application to amend an approved site plan shall follow the notice procedure for the filing of a preapplication for site plan review as set forth in Subsection A. Procedure for site plan pre-application and application shall be followed. * (3) The procedure for reviewing applications to amend a previously approved site plan shall follow the procedure for reviewing a site plan review application as set forth in this section unless the reviewing authority determines that the amendment is of such an inconsequential nature that the full site plan review procedure is not necessary. For applications to amend a previously approved site plan, the reviewing authority may combine the preapplication and application steps and may waive the requirement for a public hearing. (4) Field changes to approved site plans. [Added ] Not applicable at this time H. The Planning Board may require that a performance bond or other suitable financial guaranties be posted by the applicant. The form and amount of this bond of financial guaranty must be acceptable to the Town Manager. Not applicable I. Technical assistance. The Code Enforcement Officer, the Staff Review Committee or the Planning Board may, at its discretion, forward a copy of the application, the plans and all supporting documentation to any appropriate technical expert for review. The review may include traffic impact, roadway and parking area design and construction, stormwater management and erosion and sedimentation control, as well as any other concerns of the reviewing authority. The applicant shall pay for the employment of any such experts. (See C.) Not applicable A. Preapplication. [Amended ] * (1) Prior to submitting an application, the applicant shall submit to the Office of Planning and Development a preapplication form, sketch plan of the subject property showing existing and proposed buildings, parking areas, lot boundaries, adjacent streets, entrances to the property, water bodies, any other significant features Plan provided, a list of names and addresses of abutters to the proposed project Provided, and a set of Size 10 envelopes addressed to the abutters Provided, affixed with first class postage. The addresses of these abutters shall be obtained from the Town of Wells Tax Assessor's records. Within seven days of receipt of a preapplication by the Office of Planning and Development, the Code Enforcement Officer shall: (a) Determine the level of review to be required under and whether or not the proposed use is a permitted use on the subject lot. On 8/28/14 the Code Officer determined the uses are permitted. (b) If the proposed use is a permitted use on the subject lot: Abutter notification mailed 8/28/14. [1] Send or deliver a notice to the applicant and the abutters of such determinations by first class mail. YES [2] Certify that said notices have been sent or delivered. [3] If the reviewing authority pursuant to is the Code Enforcement Officer, indicate to the applicant the information the applicant needs to submit as part of the application. Not applicable [4] If the reviewing authority pursuant to is the Staff Review Committee or the Planning Board, place the applicant on the next available agenda for a preapplication