tjd&a Terrence J. DeWan & Associates Landscape Architects & Planners Yarmouth, Maine tel fax e.mail.

Transcription

1 tjd&a Terrence J. DeWan & Associates Landscape Architects & Planners 121 West Main Street Yarmouth, Maine tel fax e.mail. August 9, 2016 Ethan Croce, Town Planner Falmouth Town Office Falmouth ME Re: Palmer Road Subdivision Harriman Property 98 Field Road. Major Subdivision Final Submission. Dear Ethan and the Town of Falmouth Planning Board Members, We appeared before you on June 7th for Preliminary Review for a proposed four lot subdivision on Field Road. At the meeting we were granted preliminary approval. We are now submitting for Final approval andasking to be placed on the September 6 th Planning Board Agenda. Since the last meeting we have worked to tie up any loose ends and fulfill final submittal requirements. A brief summary of those items include: Request for and Town Council acceptance of the Open Space on July 25 th. Request for and Town Council acceptance of Easements to the Town on July 25 th. Coordination with Cumberland County Soil Water and Conservation District for stormwater review. PBR Stormwater application to Maine DEP. General clean-up of the plans and coordination with staff. Enclosed is updated and additional material to supplement our previously submitted review materials. As stated above, we would like to be placed on the September 6th Planning Board Agenda to finalize the approvals for Mr. Harriman s Proposed subdivision. Please review the enclosed materials and we look forward to seeing you on the 6 th. We are submitting updates to the materials most impacted by the subdivision layout change. In this package you will find the following updated and additional materials: Included in this submission: Application material Project Narrative Waiver Requests Engineering narrative

2 Palmer Road Subdivision, 98 Field Road, Falmouth Response to CCSWCD Stromwater review Comments Request for Public Hearing Major Subdivision Final Plan Checklist Conservation Zoning Checklist Conservation Subdivision Checklist Appendix information Material submitted to Town Council for acceptance of open space and easements Subdivison Covenants and Restrictions Plans Small 11x17 Step 4 of the Four Step Process Plans Large 24x36 Cover Sheet Sheet Scale Subdivision Plan Sheets Scale Subdivision Plan Sheet 6 Plan & Profile Sheets 7-8 Details Sheet 9 Pre-Development Watershed Map Sheet 10 Post Development Watershed Map Sheet L-6 Landscape Plan Sheet L-7 Landscape Details Please contact us if you have any questions or need further information prior to the Planning Board meeting on September 6th. Sincerely, Keith B. Smith Associate, Terrence J. DeWan & Associates - 2 -

3 Palmer Road Subdivision, 98 Field Road, Falmouth Narrative to supplement the August 9, 2016 submission for the Four Lot Palmer Road Subdivision on for Charlie Harriman on Field Road. This subdivision has been before the planning board for 2 sketch plans, 2 Preliminary review meetings and was granted preliminary approval on June 7 th Originally named Harriman Subdivision now being called Palmer Road Subdivion. At the June 7th Planning Board Meeting the board approved the preliminary subdivision plan with the understanding that a few coordination items would still be required for Final Approval. There was consensus that the layout of the subdivision was acceptable and that the 4 step process had properly set aside the required open space. The few outstanding items are addressed below and in the subsequent engineering narrative. Street Name Acceptance. Street names were submitted for review and accepted. The primary access off of Field Road will be named Palmer Road and the perpendicular reserved ROW and access to lot 3 will be named Cordelia Way. Based on the accepted names you will now find that we have named the project Palmer Road Subdivision. Town Council Acceptance of the Open Space. As required, we submitted for and gained approval for the Town s acceptance of the proposed 4.80 acres of open space. The material submitted to the Town Council is included in the Appendix. The process included an LMAC vote prior to the Town Council meeting to agree to and make a recommendation to the council to accept the land. LMAC had one condition that the Proposed Future Trail Easement over the Land to be retained by Charlie Harriman be included in the final subdivision application and the Town Council action. This was included in the Town Council Acton and is included in this final application. As per the Submittal to the Town Council, the conveyances included: Bicycle and Pedestrian access over the subdivision ROW for trail and open space access, a 10 wide trail and pedestrian access over lot 3 to connect to the existing trail system, a 30 foot trail easement over the remaining land of Charlie Harriman for the trail that currently exists over his property, and the 4.8 acres of open space. Within the open space area, there is an maintenance easement for the the subdivision s home owners association to maintain the proposed meadow buffer for treatment of stormwater. The Town Council put one condition on the approval that the subdivision must allow the town access for maintenance of the open space. The final language will be coordinated by staff and the attorneys prior to recording. Landscaping The Landscape plan and details have been updated to reflect comments from the board and staff. The updates and revisions include: Final selection and location of the tree species for the subdivision. Street Tree locations have not changed however the buffer trees along the rear boundary of lot 4 were moved slightly to be within lot 4 instead of in the open space. A maintenance easement has been defined around the buffer trees and language in the covenants requiring the HOA to maintain these buffer trees as well as the street trees and Bio-cell plantings.

4 Palmer Road Subdivision, 98 Field Road, Falmouth Notes were updated on the plan for the protection and preservation of the existing trees both on lot 3 and along the road right of way. Protection according to the referenced detail shall be followed during construction. Required deed language for the preservation of trees on lot 3 will be coordinated with staff. The proposed trail across lot 3 and a trail detail have been provided. Improvements for sight distance as proposed in Bill Bray s traffic study have been included on the landscape plan. Street and Perimeter Buffers The 25 Street Buffer along Field Road and the 50 Perimiter buffers on Lots 1,2, and 3 have been identified and defined on the subdivision plan. Rural Road Standards Notes have been placed on the plans to address rural road standards. Some specific items include culvert end treatment and the placement of rip-rap. Covenants and Restrictions An updated Declaration of Covenants, Conditions, and Restrictions and Agreement Regarding Road Maintenance Palmer Road Subdivision has been provided in the submittal. Though the large majority of items have been addressed, we plan to work with staff to resolve any additions and revisions required. Some of the updates include: Buffer treatments and maintenance Stormwater maintenance Town access and maintenance easements Landscape buffer maintenance.

5 Palmer Road Subdivision, 98 Field Road, Falmouth Waivers Waivers for Standards In appendix 7-8 Ownership, Operation, and Maintenance of Common Use Facilities, section J.3 addresses Stewardship Provisions. Because we are deeding the open space to the Town of Falmouth and the land will be an extension of Community Park, we are requesting to waive the Stewardship Provisions as the park and trails should already have monitoring in place and we are not proposing restrictions. In appendix 7-8 Ownership, Operation, and Maintenance of Common Use Facilities, section J.4 addresses a Stewardship Account. Because we are deeding the open space to the Town of Falmouth and the land will be an extension of Community Park, we are requesting to waive the stewardship account as the park and trails should already have monitoring in place. Stormwater Waiver See Engineering Narrative

6 15004 August 9, 2016 Ethan Croce, Town Planner Town of Falmouth 271 Falmouth Road Falmouth, Maine Final Subdivision Plan Application Palmer Road Subdivision (formerly Harriman Subdivision) Field Road Falmouth, Maine A Portion of Falmouth Assessor s Map R03, Lot 076-A Charles Harriman Dear Ethan, We have prepared the enclosed updated Plans and Application materials in support of a Final Subdivision Application for the Palmer Road Subdivision (formerly Harriman Subdivision), located off Field Road. The proposed RCZO Conservation Subdivision consists of 4 new residential house lots, all with frontage along a proposed new road, now called Palmer Road off Field Road. The proposed common driveway to access Lots 3 and 4 will be called Cordelia Way. This undeveloped parcel is located on portion of Assessor s Map R03 Lot 076-A, and is in the Farm and Forest (F) Zoning District. This area is also subject to the Resource Conservation Zoning Overlay District (RCZO). As you know, the Falmouth Planning Board granted Preliminary Subdivision Approval for this project at its June 7, 2016 meeting. Please also note that, unless otherwise updated as a result of the plans and information provided as part of this submittal, we are including (by reference) all of the prior application materials we previously submitted to your office in support of this project.

7 Mr. Croce ~ 2 ~ August 9, 2016 With the submittal of the enclosed application materials, we are respectfully requesting placement of this item on the Planning Board s September 6, 2016 agenda for Final Subdivision Approval. Plan Updates In addition to the naming updates described above, we have added plan notes and other details to our existing drawing set to clarify and/or document the project requirements as a result of the review and approval process. These updates are generally in response to comments received during the Planning Board and Staff Review, as well as items that address the Cumberland County Soil and Water Conservation District s (CCSWCD s) peer review of Stormwater, as well as items prepared in association with the Falmouth Town Council s process to accept the Open Space. This information is generally summarized below: Subdivision Plan - Sheet 1 1) The plan has been updated to depict proposed easements to be granted to the Town of Falmouth. 2) Buffer locations including an associated general description of the proposed buffers. 3) Match lines for Plan Sheets 2 through 5 (1 =40 scale drawing of the proposed subdivision). 4) Revisions to pedestrian easement labels. 5) Added 1 =40 scale Subdivision Plan sheets 2-5. Plan & Profile - Sheet 6 1) Revisions to General Notes including adding requirements for the road to meet rural road standards. 2) Added the location of the existing well on remaining land of Harriman and associated separation distance from the existing well. 3) Modify the length of the Stone Bermed Level Spreader at the Meadow Buffer from 13 x50 to 13 x60 based on comments from the CCSWCD. 4) Added Lot 3 & Lot 4 driveway location & grading design. Detail - Sheet 7 1) Updated Erosion & Sedimentation Control Notes. 2) Updated Silt Fence Detail. 3) Updated Stone Berm Level Spreader detail. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

8 Mr. Croce ~ 3 ~ August 9, 2016 Detail - Sheet 8 1) Updated Bio-Retention Cell Detail. 2) Updated Roof Dripline BMP Detail. 3) Added 16 Driveway Section Detail (Lot 3 & Lot 4). Pre-Development Watershed Map Sheet 9 1) Added location of Study Point 3. Post-Development Watershed Map Sheet 10 1) Added location of Study Point 3. High Intensity Soils Map - Sheet 11 1) Removed design notes from plan. Open Space On July 25, 2016, the Falmouth Town Council voted to conditionally accept several conveyances of open space property and easements from this Subdivision. Keith Smith of TJDA has been coordinating with representatives of the LMAC in support of compliance with the requirements set forth as part of the proposed conveyances. The enclosed plans have been updated as a result of that coordination effort. Maine DEP Stormwater Permit by Rule As we have discussed with you, the project requires a Stormwater Permit by Rule (Stormwater PBR). This application is being filed concurrently with this submittal and is expected to be received prior to the upcoming Planning Board meeting. A copy of this Stormwater PBR application is included as part of the enclosed materials. Cumberland County Soil and Water Conservation District (CCSWCD) Review As you know, on May 19, 2016, the applicant filed application materials for the CCSWCD s review of the project s Stormwater and Erosion and Sediment Control Plans. On June 24, 2016 Troy Barry of the CCSWCD issued his comment letter. It appears that in addition to Mr. Barry s review of Stormwater and Erosion and Sediment Control Plans on behalf of the Town, he also conducted a review of several other project aspects that are typically handled by the Falmouth Staff and Planning Board s review. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

9 Mr. Croce ~ 4 ~ August 9, 2016 As such, we have addressed the pertinent items contained in his review memo regarding Stormwater and Erosion and Sediment Control, but you will note that our responses identify that some items (which are beyond the scope of his review) have been handled already a part of the local review process conducted to date. A copy of our August 9, 2016 formal response to his comments is included as part of this submittal. We have requested that his review of our formal response to his comments be able to completed in advance of the Planning Board s September meeting. Waiver Request - Stormwater As part of this final Subdivision Application, the applicant is respectfully requesting that the Falmouth Planning Board grant a waiver of the Falmouth Subdivision Ordinance criteria cited in Appendix 7 (Stormwater Management) Section C, Performance Standards, to allow a slight increase in the Peak Discharge leaving the site in the 2, 10 and 100 year storm events at two Study Points as described below. As identified in the stormwater modeling data, there are predicted slight increases in peak discharge leaving the site. Despite varying efforts to reduce the anticipated peaks, the modeling data predicts the following at the two points of analysis. Subcatchment or Study Point Pre-Development Post-Development Change Peak Discharge (cfs) Peak Discharge (cfs) 2 yr 10 yr 100 yr 2 yr 10 yr 100 yr 1 (Study Point 1) (Study Point 2) (Study Point 3) As the table above demonstrates, the anticipated Post-Development peak discharge rates leaving the site in subcatchments 2, 3 and 5 are either less than or equal to the Pre-Development peak rates leaving the site in each of the storm events evaluated. However, as the above table demonstrates, the modeling shows an anticipated increase in the peak discharge rates at Study Points 1 and 3. These Study Points are addressed in further detail in the following sections. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

10 Mr. Croce ~ 5 ~ August 9, 2016 Study Point 1: As noted above, study Point 1 is located at the easterly end of the development area, along the Field Road frontage. In order to address this anticipated increase in peak discharge at Study Point 1, as identified in the table above, an underdrained Bioretention Cell is proposed along a portion of the site s frontage along Field Road. This approach was discussed in the field during our site visit with the Town Engineer. This Best Management Practice (BMP) is intended to collect and treat the smaller more-frequent storm events. The proposed Bioretention Cell will aid in treatment of the runoff from Subcatchment 1 by filtering the smaller, more frequent, storm events. During these storm events, some attenuation will be provided in the surface storage volume and the volume of storage within a portion of the filter media. This beneficial attenuation is not included in the modeling results shown above. Thus, with the integration of the proposed Bioretention Cell, it is anticipated that the increase in peak rate of discharge leaving the site will be mitigated somewhat by this BMP. Study Point 2: Study Point 2 is located along the northwesterly end of development and reflects the general point at which the majority of the stormwater runoff from the road and lots leaves the site as it passes through the fields and wooded ravines in the proposed Open Space and enters into the existing abutting Open Space previously conveyed by the Applicant to the Town of Falmouth. As noted, the proposed Open Space is contiguous to the Town s existing Open Space. Unnamed drainage courses within the ravines in this area eventually flow into tributaries to the East Branch of the Piscataqua River. The table below provides a comparison of the Pre- and Post-Development Results at Study Point 2 based on the HydroCAD model created for this project. Stormwater Modeling Results Study Point 2 (Open Space Areas) Storm Event Pre Post Net Change % Change 2-Yr 5.63 cfs 6.87 cfs 1.24 cfs 22% 10-Yr cfs cfs 1.35 cfs 8.9% 100-Yr cfs cfs 1.31 cfs 2.9% St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

11 Mr. Croce ~ 6 ~ August 9, 2016 As the table demonstrates, the Stormwater Modeling shows an increase in peak flow rate at Study Point 2 during each storm event modeled. This can be attributed to the changes in landform and cover, and the timing of the discharge from the developed portion of the site in the context of the overall times to peak for the much larger offsite watershed areas that pass through the property. Study Point 2 is at the point at which site runoff enters a sizeable offsite ravine located at the interface between the proposed Open Space and other existing Open Space areas. This ravine handles a sizeable upstream watershed area and is expected to be able to accommodate the predicted increases in peak flows within the Town s Open Space Areas prior to reaching any developed areas. The installation of the proposed stormwater BMPs to provide treatment are expected to also provide a slight degree of peak flow attenuation. In order to fully attenuate the peak discharges at the two study points, it is anticipated that additional detention storage would be necessary, which would require the construction of stormwater storage structures in the field area and adjacent to Field Road. These elements are expected to provide additional visual intrusion and disturb additional existing vegetated areas within the open fields. Given the setting, the large area of wooded Open Space in the downstream receiving areas, and the BMPs included as part of the overall Stormwater Plan, waivers on peak discharge at Study Points 1 and 2 are respectfully requested. Application Materials In addition to the Final Subdivision materials prepared and submitted by TJDA, we have included 5 full-size sets of drawings and maps, and 15 copies of the following updated items in support of this Final Subdivision Plan submittal: Cover Letter Copy of MDEP Stormwater PBR Application Final Subdivision Plan Erosion and Sediment Control Plan and Detail Sheet Copy of Response to CCSWCD Comments Watershed Maps In addition, the above information is provided electronically in pdf format. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

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13 15004 August 9, 2016 Troy Barry, District Engineer Cumberland County Soil & Water Conservation District 35 Main Street, Suite 3 Windham, ME Response to Comments Palmer Road Subdivision (formerly Harriman Subdivision) Field Road, Falmouth Mr. Charles Harriman Dear Troy, We have prepared the enclosed updated materials in response to your comments regarding Mr. Charles Harriman s proposed subdivision off Field Road in Falmouth. This site is located on a portion of the Applicants existing land on Field Road. Since issuance of your review comments, the project name has been updated to now be called Palmer Road Subdivision. The proposed internal roadway is now called Palmer Road and the shared driveway for Lots 3 and 4 is now called Cordelia Way. In addition, the plans have also been updated to provide additional detail and information required as part of the local review process. Please note that the Falmouth Planning Board issued a Preliminary Subdivision Approval for this project on June 7, In addition, on July 25, 2016 the Falmouth Town Council voted to conditionally accept the proposed Open Space offered as part of this project. Updated Subdivision Application materials have been prepared for local Final Subdivision Approval at the Planning Board s September 6, 2016 meeting. As such, we are respectfully requesting that you review the enclosed plans and supporting information to conclude the CCSWCD s peer review of Stormwater and Erosion and Sediment Control Plans on behalf of the Town of Falmouth.

14 CCSWCD ~ 2 ~ August 9, 2016 Specifically, we have prepared the enclosed revised plans in response to your June 24, 2016 review comments issued on the application materials filed (on May 19, 2016) in support of Mr. Charles Harriman s proposed Palmer Road Subdivision. We have prepared the following responses and have updated the enclosed plans to reflect your comments and recommendations for the project as appropriate for each item. For ease of review, we have listed the comments contained in your June 24, 2016 review in italics below. Our responses follow each comment. We offer the following in response to your June 24, 2016 comments: CCSWCD June 24, 2016 Review Comments Chapter 500 Review Basic Standards: Basic Standard to be met? Yes Because one acre or more of disturbed area is proposed, the Applicant must meet the Basic Standards, which require that (1) standards in Appendix A, B, & C of Chapter 500 be met; and (2) grading or other construction activity may not impede or otherwise alter drainage ways to have an unreasonable adverse impact on a protected natural resource. There are specific recommendations relative to ensuring that the Basic Standards are met in Part II Specific Comments & Recommendations. However, general comments include the following: Appendix A Erosion and Sedimentation control. Due to the close proximity of the East Branch of Piscataqua River and its tributaries, CCSWCD reminds the Applicant that the areas within 75 of a waterbody must be stabilized within 48 hours of initial disturbance of the soil, or prior to any storm event, whichever comes first. The documents for the site (sheets and narratives) should be updated accordingly to reflect this requirement clearly to the contractor. The Erosion and Sediment Control Plan notes on the Detail Sheet already include this requirement that areas within 75 of a stream must be stabilized within 48 hours of initial disturbance or prior to any storm event, whichever comes first. It is important to note that the East Branch of the Piscataqua River is located roughly 1,600 southwesterly of the project site, well outside of any limits of work, and certainly not within 75 of any proposed site activities. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

15 CCSWCD ~ 3 ~ August 9, 2016 The river is located approximately 600 southerly of the rail line that crosses Field Road and is not within the site or on the adjacent Town owned Open Space. Natural Resources were identified on the site as part of the initial evaluation of the project site, and no streams are located within 75 of any work areas. There is a portion of an unnamed tributary that flows across the northwesterly tip of the proposed Open Space (well outside the limits of any disturbance) and through the adjacent Town Owned Open Space. At its nearest point to the project limits, this unnamed tributary stream remains a minimum of 150 from the maximum extent of possible soil disturbance. A proposed wooded buffer and preserved Open Space exists within this 150 distance. Appendix B Inspection and Maintenance. o Active Construction Inspection Form. A comprehensive inspection checklist for active construction sites has been developed by the Interlocal Stormwater Working Group (ISWG) Construction Committee, which includes representatives from 14 Portland Area regulated MS4 communities. Because this project is located proximate to MS4 area and a protected natural resource, it is recommended that this inspection form be used to track the required inspections (e.g., weekly, before and after rain events, following stabilized areas). Municipal inspections will occur during the construction phase, and it is likely that the Town s Inspector will use their own form and log. Given the limited size of this project, it is not anticipated that a third-party inspector will be required by the MDEP. The Town inspection staff may wish to incorporate the Inspection Checklist prepared by ISWG, as part of their local inspections. Our office was unable to locate the ISWG Inspection Checklist referenced above on the CCSWCD website. An Inspection and Maintenance Plan and Log was previously prepared for this project and was submitted as part of the local review materials. This Inspection Log identifies the elements that are included as part of this 4 lot residential subdivision. The Log form was intended to be project specific and easy to use. As noted in the Inspection and Maintenance Plan, during construction, the St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

16 CCSWCD ~ 4 ~ August 9, 2016 contractor is required to keep logs of his inspections and maintenance activities. o Post-Construction Maintenance Log: DEP required documentation of regular maintenance to support recertification of all permanent Best Management Practices (BMPs) installed on site, unless the municipal will be assuming the long-term maintenance responsibility. Please specify which will apply to the site. If the Applicant will be maintaining the BMPs, the name of the qualified inspector should be included with a more comprehensive maintenance log. As noted, due to the size of this project, the MDEP review of this site is limited to a Stormwater PBR. As noted in your earlier comments, the project must meet the MDEP Basic Standards, but is not required to meet the MDEP Chapter 500 General Standards or the Flooding Standards. The proposed BMPs are included to address the local review process. Since this site only requires a Stormwater PBR, it is not anticipated that recertification will be required by the MDEP. It is understood that the permanent BMPs installed on the site will require long-term maintenance. The Inspection and Maintenance Plan prepared for this project notes that these BMPs will require ongoing maintenance and inspection. As long as the road remains private, these maintenance responsibilities rest with the Lot Owners Association. In the event that the road becomes public, the Town would take over the maintenance of these BMPs as part of their maintenance of the road. The BMPs are currently set aside in easement areas that can be conveyed to the Town as part of the municipal acceptance of the subdivision roads. Appendix C Housekeeping. The sheets indicate that Dewatering Plan will be required during rain events. What will the Dewatering Plan include? Where will water be allowed to be pumped and how will sediment in pumped water be contained? In regards to SPILL PREVENTION, GROUNDWATER PROTECTION, DUST CONTROL AND WASTE MANAGEMENT please clarify and add information for the contractor such as preferred staging locations that will protect spills from reaching drainages ditches and the East Branch of the Piscataqua. The Plans, previously submitted for review, addressed dewatering in Item B.8 of the Erosion & Sediment Control Notes on the Detail Sheet. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

17 CCSWCD ~ 5 ~ August 9, 2016 General Standard General Standard to be met? No, unless this is part of a Larger Common Plan of Development. The General Standards are achieved by the installation of permanent water quantity and quality controls on site. Although these plans are currently under the 3-acre threshold, it appears as though additional phases may be planned. If this is the case, the larger common plan of development should be considered to ensure proper stormwater management planning is feasible. Furthermore, if the access road were accepted by the Town, the General Standard threshold would also likely be triggered. For these two reasons, it is recommended that either the roadway is accepted by the Town or the Town require that the Applicant establish a Road Association to ensure that the required maintenance for the private roadway is implemented to address both natural resource protection (waterbody, rare species, MS4 proximate) and human health and safety concerns (emergency vehicle access). Please be aware that the Applicant is only proposing the creation of a four lot subdivision as shown on the enclosed Plans. There are no additional plans for a Larger Common Plan of Development. As part of the Falmouth Planning Board process, provisions to accommodate potential future access to the remaining land of the Applicant is required. This is why the Subdivision is laid out as shown on the Plans. The Project does not trigger the MDEP threshold for the General Standards (i.e. Water Quality Treatment), due to its small size. The proposed BMPs are included simply to address the local review process, and are not intended (or required) to comply with the MDEP Chapter 500 General Standards. The road will remain Private until offered and accepted by the Town as a Public Street at some point in the future (if ever). Once constructed and house lots are sold, a Lot Owners Association will be established to address the maintenance responsibilities associated with the road and the overall drainage elements of this proposed 4 lot residential subdivision, until it is offered to the Town for municipal acceptance. In the event that the Town does not accept the road and drainage elements, the Lot Owners Association will retain responsibility for inspections and maintenance. Part II CCSWD DOCUMENT SPECIFIC COMMENTS & RECOMMENDATIONS These specific comments are meant to facilitate revisions by SCA in the event that the Town of Falmouth requests any updates as part of approval. Drawing Sheet 1 SUBDIVISION PLAN St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

18 CCSWCD ~ 6 ~ August 9, Show the East Branch of the Piscataqua and its tributaries on the site plan; provide the dimension from the East Branch and its tributaries to the property lines. NOTE: According to the Town of Falmouth Code Section C, a lot abutting a designated stream should be a minimum of 200 from normal high water line. As previously noted, the East Branch of the Piscataqua River is located roughly 1,600 southwesterly of the project site, well outside of any limits of work. As shown on the Plans, the river is located approximately 600 southerly of the rail line that crosses Field Road and is not within the site or on the adjacent Town owned Open Space. The unnamed tributary to the East Branch of the Piscataqua River has been shown on the Subdivision Plan, and generally passes through abutting Open Space land owned by the Town of Falmouth. A small portion of this tributary passes through the northwest corner of the property in an area designated as Open Space for the proposed 4 lot residential subdivision. Please note that no lots within the proposed subdivision abut a stream of any sort and the closest limit of grading on any lot is in excess of 150 feet from the unnamed tributary on the adjacent Town owned Open Space. Falmouth Code section C, applies to any lot that has frontage along a Designated Stream. It does not identify a separation distance from a designated stream, but rather applies to the minimum lot width for a lot that has frontage on a designated stream. It is important to note that Division II Section Definitions of the Falmouth Code defines the term Designated Stream as a waterbody or area of land represented on the Official Zoning Map and subject to regulation under various provision of Division II Shoreland Zoning of this ordinance. There are no Designated Streams on this property, nor are there any designated streams in the abutting open space owned by the Town of Falmouth. The East Branch of the Piscataqua River is the only waterbody in this overall area that would be considered a Designated Stream. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

19 CCSWCD ~ 7 ~ August 9, Provide access and maintenance easement for BMPs Level Spreader Bioretention Cell Buffer RECOMMENDATION: Complete and submit Declaration of Restrictions for buffer (and possibly other BMPs) using the draft language provided in Section 4 of DEP s Permit Application to ensure that future development will not infringe upon these important development features. Proposed easement areas have been added around the BMPs referenced above. A draft copy of the Declaration of Restrictions for Meadow Buffer Areas referenced above has been submitted to the Town s attorney for review. This draft Declaration of Restrictions is included in the appendix to the MDEP Stormwater Permit. 3. Show existing well(s) on Charlie Harriman property and the Conde property to ensure proper setbacks from property lines and BMPs are indicated. The location of the existing well on Charlie Harriman s property and the abutting Conde property have been added to the Subdivision Plan. 4. A possible future pedestrian easement is shown on the plans. Should this be dedicated now, and if so please clarify. At the July 25 th, 2016 Falmouth Town Council Meeting the Council approved to accept this easement, as well as the Open Space shown on the plan. The note has been modified to reflect the most recent approval. 5. Subdivision Standards for RCZO districts require wildlife (300 ) and Trail Corridors (25 ) to be consistent with Town of Falmouth Code This development does not address a wildlife corridor. The pedestrian easement provided between lots 3 and 4 is 10 wide versus the 25 required. Please clarify. The Proposed Subdivision Plan has been established as a result of a very detailed local review conducted by the Town Staff and the Planning Board as part of the RCZO s Four Step Design Process. This process St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

20 CCSWCD ~ 8 ~ August 9, 2016 considers the various aspects of the site and identifies the most valuable areas for conservation. This Plan received local Preliminary Subdivision Approval on June 7, The Plan incorporates an approximately 209,072 sf Open Space Area that will provide wildlife connectivity to the Town s existing Open Space. An approximately 30 wide strip behind lots 3 & 4 is included with the Open Space to provide trail corridor access. The 10 wide access easement between lots 3 & 4 provides pedestrian access to the Open Space as well as a 50 perimeter buffer located along the southerly lot line of Lot 3. The locations and points of access to the Open Space have been extensively reviewed by the Planning Staff, the Planning Board, and the Falmouth LMAC. 6. RCZO districts require a minimum street frontage setback of 125 and in no case shall be less than 50 upon approval. The plans indicate less than 50 feet is provided. Has the Town of Falmouth approved/granted this waiver for less? If so, please indicate the dimension and note approval on the drawing set. Town of Falmouth Code As required in the RCZO District, the minimum street frontage for each lot is 125 and the minimum front yard setback between 15 to 25. All 4 proposed residential lots meet this standard, no waiver is required. 7. Streetscape and buffers adjacent to existing public streets for RCZO shall be at least 100. The plans show approximately 30, and it is not dedicated. Has the Town of Falmouth approved/granted this waiver for less? If so, please indicate the dimension and note approval on the drawing set. Town of Falmouth Code Proposed Lot 1 is the only Lot that abuts an existing public street (i.e. Field Road). As part of the Planning Board s Four Step design review process (which culminated in the granting of Preliminary Subdivision Approval for this project), the treatment of the area abutting Field Road was carefully reviewed. The proposed Bioretention Cell (located along the Field Road frontage) was selected to provide a dual benefit of water quality enhancement and landscape buffering. This area had previously been maintained as an open mowed field. With the proposed subdivision a 25 buffer (which includes the bioretention cell plantings) is set aside St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

21 CCSWCD ~ 9 ~ August 9, 2016 on the southerly edge of Lot 1. The Planning Board has the authority to reduce this buffer to 25 as part of their subdivision review. No waiver is required. 8. Space and Bulk requirements reference Hardy Road for the proposed 25 Buffer. Please correct to Field Road. Space and bulk requirements have been updated to reflect Field Road. 9. There are (3) sheets labeled Sheet 5 in the plan set. Please add the additional sheets to the Plan Summary table and designate each sheet separately for reference to avoid confusion. Sheet numbers have been updated to reflect the current order for ease of review. Drawing Sheet 2 PLAN & PROFILE 1. The following comments from previous drawing sheets apply as noted: a. Show existing well(s) for Harriman property and Conde Property (Sheet #1, Comment #3) The existing well on the Harriman property has been shown. The well on the Conde property (off site) has been shown on the Subdivision Plan. 2. Provide dimensions/distances from well to BMPs. Bio-Cell appears to be located less than 300 from Harriman well. Please clarify setback distances are achieved. As noted above, the location of the Harriman well is shown on the plan. The proposed underdrained Bioretention Cell on Lot 1 receives run off from an approximately 6,228sf impervious area. Although this BMP is located in a group B soil, the underdrained filter basin is not required to be designed as an infiltration system because it receives stormwater from a developed area that contains less than one acre of impervious area and receives run off from a single family residential subdivision. Although a 300 setback from a well applies to the design of an infiltration basin, this proposed underdrained bioretention cell is designed as a filtration BMP. 3. Bio-Cell s 6 - diameter perforated underdrain is shown with no slope. The pipe should be sloped to provide a minimum 2 fps scouring velocity and have a slope greater to or equal to St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

22 CCSWCD ~ 10 ~ August 9, %. According to the Town of Falmouth Land Subdivision Ordinance Appendix 7 D.9 and DEP Chapter 500, Appendix E 3dii. Based upon our review of the Town of Falmouth Land Subdivision Ordinance Appendix 7 D.9 and DEP Chapter 500, Appendix E 3dii the local requirements appear to apply more to utility lines and stormdrain lines rather than underdrains. The MDEP requirement for the pipe slope referenced above is for a pipe in an underdrained gravel outlet for wet ponds discharging directly to a stream. Given the fact that only filtered and treated water enters into the underdrain, and it is bedded in underdrained sand (rather than gravel) the need to provide a slope capable of sustaining a 2fps cleansing velocity is not warranted. 4. It is recommended that the percolation and high water monitoring should be utilized to verify soils ability to infiltrate surface runoff. Permeability testing should be done at the bottom elevation of the BMP. DEP Chapter 500, Appendix D 4. a. Bio-Cell infiltration BMP is shown located in Groghan Soils which are moderately drained and can have seasonal high water level. b. Level spreader BMP and planted meadow is shown located in Lamoine/Scantic soils which contain clay and have seasonal high water levels. c. It is also recommended that the final septic leach field locations also validate in situ soils ability to infiltrate and treat. The BMP detail includes the requirement to excavate a test pit to determine if the installation of an impermeable liner is required due to seasonal high water levels. Please note the proposed underdrained bioretention cell is considered a filtration device and is not required to be sited or designed as an infiltration basin. The proposed Stone Bermed Level Spreader and meadow buffer are located on soil types that are allowed for this BMP. The proposed septic systems are located in areas in which a passing test pit has already been identified by a Licensed Site Evaluator. As part of the local building permit process, a Licensed Site Evaluator will need to prepare a specific HHE-200 Form that identifies the specific subsurface disposal system location, dimensions and details, based on the soils and proposed house construction on the lot. 5. An energy dissipation structure at the bottom of the reinforcement may spillway is unlabeled and construction of this structure appears difficult to understand. Please clarify. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

23 CCSWCD ~ 11 ~ August 9, 2016 The energy dissipation structure depicted in the general location of the reinforcement mat spillway is the rip-rap associated with the culvert inlet under the proposed Palmer Road. 6. Show existing drainage ditches and catch basins along Field Road as required by Town of Falmouth Land Subdivision Ordinance Appendix 7 D.3. The existing drainage ditches and catch basins along Field Road have been depicted on the Subdivision Plan. 7. Provide calculations that the existing infrastructure can accommodate the additional runoffs as required by Town of Falmouth Land Subdivision Ordinance Appendix 7 D.3. In November of 2015 our office met with the Town Engineer to review drainage along Field Road and the existing municipal drainage infrastructure in the area. During the onsite meeting, the flows from the proposed subdivision were generally discussed, along with our approach to stormwater management, including the anticipated increase in discharge to this area. The Town Engineer did not require any additional calculations regarding the existing infrastructure in Field Road. The inclusion of the underdrained Bioretention Cell on Lot 1 was deemed sufficient to address treatment of the limited amount of runoff that is flowing to the Field Road drainage system. 8. Inlet/Outlet ends of proposed roadway storm pipes are called out as Stone Check Dam. However, the intention for the Check Dam is to be installed every 67 along the ditch. The inlet/outlet of pipes requires a rock apron detail. Note 7 refers to a rock apron and is in detail sheet. Please clarify. Plans have been updated to clearly show installation of rip-rap aprons at the inlet/outlet of the pipes. The proposed Stone Check Dams are located along the roadway ditchlines. 9. Level Spreader BMP a. Has a cross-section detail on Sheet 3. Please reference on Plan Sheet 2. Level spreader appears to be located less than the 75 setback required from normal high water line of a stream tributary. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

24 CCSWCD ~ 12 ~ August 9, 2016 b. Is sized at 13 wide 50 long. Berm length for a meadow buffer for Soil Group C is 60. Length of flow path appears to be over 200. As previously noted, a Natural Resource Evaluation was conducted for the site as part of the initial local review process. This study did not identify a stream in the ravine areas in the vicinity of the proposed stone bermed level spreader. The only stream tributary located on the site is well in excess of 75 from this BMP. The stone bermed level spreader length has been increased to 60 as recommended. 10. Snow storage is not shown on the plans. The BMPs require that snow may not be stored over an infiltration area. Please clarify. The BMP along Field Road is sited outside of the drainage ditch line along Field Road. In addition this BMP is located outside of the limits of the proposed new Palmer Road. 11. Partial surface runoff from the proposed subdivision roadway drains to the North across property line and appears to runoff to the Conde property. Is there opportunity to avoid this? According to Town of Falmouth Land Subdivision Ordinance Appendix 7 D.3. As the enclosed pre- and post-development stormwater calculations demonstrate, there is a portion of the site that drains towards the abutting Conde property (Subcatchment 3). This subcatchment is reduced to approximately 4% of its original size (i.e. a 96% reduction in area). Given the existing terrain and site constraints, flows leaving the site in this area have been reduced to the extent practicable. 12. Proposed roadway draining piping is sized 15 diameter HDPE. Calculations were not provided showing the pipe and slope were sized to accommodate the reporting runoff. Please provide design storm assumptions and calculations. Given the limited tributary areas flowing to each of the roadway culverts, the size proposed is based on the Ordinance Minimum Size rather than specific culvert calculations. For example, the proposed 60 long roadway culvert (HDPE smooth bore) at the intersection of Palmer Road and Field Road is proposed at 15 diameter with a slope of ft/ft. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

25 CCSWCD ~ 13 ~ August 9, 2016 Based on general HydroCAD model data for this size pipe and slope, the culvert would have a capacity of 4.57 cfs under open flow conditions. Based on the information contained in the Stormwater Modeling for this project, the post-development peak discharge at Study Point 1 in the 10 year storm event is 2.17 cfs, which is well within the capacity of this culvert. In the 25 year storm event, the peak rate increases to 3.24 cfs, which is still well within the capacity of this culvert. The proposed roadway culvert that is located at approximately Station 0+65 is located within the area that is part of Subcatchment 1 and receives less tributary flow than the culvert described above so obviously the capacity of this culvert also exceeds the anticipated peak flow rate. The third proposed culvert is located at the end of Palmer Road, in the vicinity of the shared driveway for Lots 3 and 4 (i.e. Cordelia Way). This culvert picks up an area that is significantly smaller than the areas tributary to the two culverts described above. The areas tributary to this culvert include a portion of the southerly side of Palmer Road (approximately 229 long) and the easterly side of Cordelia Way (approx. 85 long), as well as the northwesterly corner of the front lawn for Lot 2. Based on an estimate of the tributary areas from Palmer Road and Cordelia Way, it is expected that the impervious area tributary to this culvert would be approximately 4,115 sf (0.094 ac), with an additional lawn area of approximately 9,650 sf of lawn area from Lot 2. Simple HydroCAD modeling shows (using a direct input time of concentration of 5 minutes), that a peak discharge rate of approximately 2.1 cfs would be anticipated at this culvert in the 25 year storm event. This is well within the capacity of the proposed 15 diameter culvert. 13. Bio-Cell underdrain daylights to the existing Field Road ditch. The outlet does not call for any channel erosion measures. It is recommended that energy dissipation is installed at the confluence to protect to the Town-maintained ditch. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

26 CCSWCD ~ 14 ~ August 9, 2016 A small rip-rap area has been placed at the outlet of the Bio-Cell underdrain. In addition a stone check dam is proposed between the underdrain outlet and the inlet to the culvert. 14. Note 12 calls for the installation of Roof Dripline BMPs. The note does not provide clear installation locations of the BMP. The note does not reference the Detail on Sheet 4. Please clarify. Note 12 has been updated to include reference to the appropriate Detail Sheet. A note has been added to the Detail specifying Roof Dripline BMPs shall be installed at all drip edges that receive run off from roof tops. Drawing Sheet 3- DETAILS 1. Basic Standards. a. Erosion Control Measures note references that erosion shall be repaired until the site is stabilized and vegetation is established. Please add clarification as to when and who will make the decision that the site is stabilized. b. Stabilized Construction Entrance is recommended at both the entrance of Field Road and at each of the 4 house lots. Please provide a spec and location for each of these on the plans. The Erosion and Sediment Control Plan Notes shown on Sheet 7 identifies that a site is considered stabilized when final pavement is places and/or at least 90% of vegetative cover is present in planted areas. Given the limited size of the project, it is not anticipated that a third party inspector will be required. A Stabilized Construction Entrance detail is included in the drawing set. A Stabilized Construction Entrance is shown on the Plan at the intersection of Field Road and the proposed Palmer Road. In addition, notes have been added to the plans to require that, as each house lot is developed, a stabilized construction entrance is constructed in the driveway locations off Palmer Road and Cordelia Way. 2. Structural and Non-Structural Measures. Note B2a provides instruction for installation of check dams in ditches. Permanent check dams fail most often due to water eroding around the sides of the structure. In order to avoid this, the Check dam detail should depict that each will be keyed into the bank slope. These structures are to remain in place permanently, providing more importance in their stability. Please address. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

27 CCSWCD ~ 15 ~ August 9, 2016 The stone check dam detail has been updated to note that the permanent stone check dam will be keyed in to the bank slope. 3. Stabilization measures. Note C.f. calls for channel stabilization with 90% cover of healthy vegetation but then adds a rip-rap and concrete lining for the ditch. According to the development approach offering the benefits associated with LID and being part of the RCZO District, concrete and rip-rap hardening of surfaces should be discouraged. Measures that include stabilization through establishing root depth and density throughout the project should be encouraged as the design standard for consistency with the LID approach in the RCZO District. Please address. Note C.f. is intended to provide a variety of options for permanent stabilization of open channels. It is understood that in the RCZO District the preferred approach is via the use of vegetative stabilization measures. The Erosion and Sediment Control notes are intended to be versatile enough to be applied in a variety of settings. No rip-rap lining, concrete or pavement linings are proposed as part of this project. The only rip-rap that is proposed is as part of the stabilization of culvert inlets/outlets. As you will note, the spillway for the underdrained bioretention cell includes a turf reinforcement mat, in keeping with the primary approach to provide vegetative stabilization measures. 4. Permanent Vegetation, F. Notes should include that Buffer areas can only utilize native plants. Note nomenclature under F.5 requires clarity for reference. Please address. F.5 has been updated to reflect that buffer areas can only use native plants. In addition, options for dormant seeding have been removed. 5. Stone Bermed Level Lip Spreader Detail. Consider including a note that 3 of erosion control mix to the surface should be added in the shallow trough. This will reduce fine sediment transport under stormwater runoff. Please address. As recommended, this has been added to the detail. 6. Silt Fence Detail. a. The detail does not show the toe of the silt fence keyed into the soil to resist blowout under storm runoff. Please address. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

28 CCSWCD ~ 16 ~ August 9, 2016 b. The location of the silt fence and other construction BMPs are not shown on any site plan for the contractor to understand where they should be installed. It is recommended that a site plan be provided for the contractor showing locations. This will provide clarity and assist the contractor with proper installation and avoid improper erosion and sediment control during construction. Please address. The Silt Fence Detail has been updated to reflect the 2016 MDEP standards. The Detail shows the toe keyed into the soil. The Silt Fence locations were previously shown on the Plans provided for your review, they are labeled as Filter Barrier (FB), which allows the installation of either a Silt Fence or Erosion Control Mix Berm. In addition, the Detail Sheet shows a Typical Lot Grading Plan which identifies the placement of perimeter filter barriers around each house lot. 7. Erosion Control Mat Detail. The detail calls out that the slope varies. Since there is only one installation on the site, this slope could be designed and called out to avoid any possible steep slope installation, reducing the potential for failure. The Erosion Control Mat Detail is intended to provide information with regard to keying in the blanket at the top of the berm and the minimum overlap of the material, along with general instructions for installation of this item. The detail is provided to give the contractor a working field document to allow proper placement of matting in the event that a slope requires stabilization during construction. Section E.14 of the Erosion and Sediment Control Notes identifies additional information regarding the proper placement and locations where mats will be required. The specifics for the Turf Reinforcement Mat stabilization of the spillway in the Underdrained Bioretention Cell is noted directly on the Plans in the location of the spillway. Drawing Sheet 4 DETAILS 1. Roof Dripline Detail. Please address the following: a. The details calls for 3/4-inch crushed stone. This should be ¾-inch washed stone in the Reservoir Depth to avoid compaction and retain infiltration in accordance with DEP s BMP Manual (Vol III: Section 7.6). b. The 6 UD should be called out as perforated HDPE. Perforated so that the pipe gathers the infiltrated runoff. Corrugated HDPE is recommended over smooth wall PVC as it provides a St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

29 CCSWCD ~ 17 ~ August 9, 2016 higher manning s n value due to its increased roughness even though the DEP BMP Manual allows PVC for this BMP. c. Where does this under drain daylight or report to? The plans do not clarify the intention. Please clarify. This specific detail has been updated to reflect the information contained in the March 2016 Maine Stormwater Management Design Manual (BMP Manual Volume III). The Roof Dripline BMPs are intended to daylight within the individual house lots. 2. Rip-Rap Apron Detail. This detail is not provided on the plan drawing Sheet 2. Please address. A note could be added to the detail instructing installation at all proposed outfalls. A Riprap Apron Detail was shown on the Detail Sheet previously provided to your office. Note 7 was already on the Plan and Profile Sheet (previously provided to you) and reads as follows. Provide Riprap Apron at invert in and invert out of road culvert. 3. Bioretention Cell Detail. Please address the following: a. The dimension(s) of the structure is not called out on the detail. b. The 6 diameter underdrain should be called out as perforated HDPE. Corrugated HDPE is recommended over smooth wall PVC as it provides a higher manning s n value due to its increased roughness even though the DEP BMP Manual allows PVC for this BMP. c. There is no separation fabric called out between the soil filter media and the Type B bedding. Please add a non-woven fabric with high permittivity that will provide infiltration and soil retention of the filter media. DEP s BMP Manual specifies Mirafi 170n or equivalent as geotextile fabric. The Bioretention Cell Detail and accompanying notes have been updated to reflect the specific information contained in the March 2016 Maine Stormwater Management Design Manual (BMP Manual Volume III). Please note that per the MDEP Detail, the installation of a layer of fabric between the soil media and the underdrain bedding is specifically prohibited due to potential clogging concerns. The installation of Mirafi 170n along the sides and bottom of the BMP (to separate the native soils from the media and underdrain bedding) is shown on the detail. Drawing Sheet 5 PRE-DEVELOPMENT WATERSHED MAP (Existing Conditions) St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

30 CCSWCD ~ 18 ~ August 9, Study Points 1 and 2 are shown on the drawing. The Stormwater Evaluation narrative discusses Study Point 3 as well as Subcatchment 2, 3 and 4. Please clarify on the drawing Sheet. Study Point 3 has been added to the Pre-Development Watershed Map. Subcatchments 1-5 and the Offsite Subcatchment are also shown on the Watershed Map. 2. The hydrological calculations show nomenclature for the analysis of the subcatchment reach (R) and the new catchment (S). The nomenclature on Sheet 5 is not the same. Please clarify. The Pre- and Post-Development Watershed Maps show the Reaches as runoff flow paths that discharge from upstream watersheds through the downstream watersheds. These are labeled with the length of the flow segment with the letter R following the numerical distance in feet. The only time this is not the case is when the Reach is coincident with the Time of Concentration flow path through the subcatchment. In the case of the identification of the Subcatchments as New Subcatchment the subcatchment numbers are shown on the Watershed Maps as identified in the model (i.e 1-5 and offsite). The term new subcatchment is an automatic auxiliary name that is placed on each subcatchment when it is created. Unless the subcatchment requires further identification, this automated term new subcatchment is typically ignored, and only the number is used (i.e. 1-5 etc). 3. The existing creek (East Branch of the Piscataqua) and Field Road ditch lines are not shown on the existing conditions Sheet 5. Please address. As previously noted, this information is shown on the enclosed updated Plans. Please note that the topography is shown at 2 contour intervals. Drawing Sheet 5- POST-DEVELOPMENT WATERSHED MAP (Proposed Conditions) 1. The drainage patterns for the proposed grading and resulting overland flow patterns are not shown on the drawing. Please address. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

31 CCSWCD ~ 19 ~ August 9, 2016 Additional flow arrows have been added to help with the consideration of the post-development drainage patterns. 2. The existing creek (East Branch of the Piscataqua) and Field Road ditch lines are not shown on the existing conditions Sheet 5. Please address. As noted above, this information is shown on the enclosed updated Post-Development Plans. Please note that the topography is shown at 2 contour intervals. 3. Study Points 1 and 2 are shown on the drawing. The Stormwater Evaluation narrative discusses Study Point 3 as well as Subcatchment 2, 3 and 4. Please clarify on the drawing Sheet. Please see our response to the similar comment for the Pre- Development Watershed Map above. 4. The hydrological calculations show nomenclature for the analysis of the subcatchment reach (R) and the new subcatchment (S). This nomenclature is not shared on the drawing clearly. Please clarify. Please see our response to the similar comment for the Pre- Development Watershed Map above. Sheet 5 HIGH INTENSITY SOIL SURVEY (Existing Soils Conditions & Survey) 1. Dimensions and runoff nomenclature are shown on the drawing, but it is difficult to understand their relevance. Please clarify. The previously submitted High Intensity Soil Survey included text that was applicable to other drawings in the set. This information has been frozen for clarity. Stormwater Evaluation Narrative The Pre-Development vs. Post-Development hydrological calculations for the proposed development show an increase in Post-Development discharge for Study Points 1, 2 and 3. While Study Point 3 shows no net increase, Study Point 1 shows a 61-64% increase and Study Point 2 shows a 3-22% increase. 1. Study Point 1 s subcatchment runoff discharges to the existing Field Road ditch after it infiltrates through the Bioretention Cell. While this is routed through the Bioretention Cell for water quality, the BMP is not intended to handle increased storage required to provide a zero change in runoff. In other words, St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

32 CCSWCD ~ 20 ~ August 9, 2016 a. The pre-development conditions compared to the post-development scenarios should be consistent, which is not the case with this proposed design (i.e., Biorention Cell does not provide channel protection flow release ). It is understood that a Bioretention Cell is sized only to accommodate the CPV for treatment, and does not have the ability to be combined with additional detention storage over the CPV as a Grassed Underdrained Soil Filter can. The HydroCAD modeling did not include routing of the flows through the Underdrained Bioretention Cell, it is simply a BMP in the subcatchment that does provide some degree of attenuation in the smaller more frequent storm events. As noted in the Stormwater Narrative, the model does not include any routing through this BMP. b. According to the HydroCAD model results, the Pre-Development runoff volume is acre-feet and the Post-Development runoff volume increases to 0.5 acre-feet. In order to provide no net change in runoff, the proposed structure will have to provide roughly 0.2 acre-feet of additional storage released at Pre-Development velocities. In order to provide this additional detention storage capacity, a pond would be required. Given the prominent setting and the earthwork associated with this type of a structure, the Applicants are seeking a waiver to allow the proposed increase in peak discharge. This was discussed with the Town Engineer at the onset and based on recommendations made in the field, the proposed Bioretention Cell was provided to offer water quality enhancement prior to discharge into the existing drainage system in Field Road. c. The proposed design provides approximately acre-feet of storage in the gravel and 0.01 acrefeet at the surface, totaling acre-feet. This is short 0.18 acre-feet. Please see our responses provided above. d. Please address this inconsistency and/or provide justification for the waiver that is requested on Page 15. Identifying additional opportunities for stormwater management is highly recommended. Please see our responses provided above. As noted, given the high quality viewshed from Field Road, it has been our understanding that the Town would prefer minimal structural elements in the areas that can be seen from Field Road. The proposed design, with the requested waivers on peak discharge, seeks to accommodate this. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

33 CCSWCD ~ 21 ~ August 9, Study Point 2 s subcatchment runoff discharges to the East Branch of the Piscataqua. The channel forming runoff discharge (1.5 year event) is shown to increase under Post-Development by 22% to almost 7 cfs. While some of the drainage is directed to a level spreader, this level spreader is located on Lamoine/Scantic soils which are somewhat poorly drained and have seasonally high water levels due their clay content. With the vast amount of open space available on this development property, is it possible to relocate the level spreader to catch the runoff earlier in the subcatchment not located on poorly drained soil types? Study Point 2 is the location of the outlet of Subcatchment 4. This area also receives flow from the offsite watershed (Offsite Subcatchment) and Subcatchment 3. Study Point 2 is located at the confluence of the drainage from the project area and an unnamed tributary to the East Branch of the Piscataqua River (this location is over 1,600 feet upstream of the river itself). Although a portion of the proposed meadow buffer is within the Lamoine Soil Series, the proposed location of the Stone Bermed Level Lip Spreader is within the mapped Buxton Soil Series, which is moderately well drained. Areas upstream of the Stone Bermed Level lip spreader include Lyman-Tunbridge and Croghan Soils. Although relocation of the stone bermed level lip spreader (closer to the lot line of Lot 4) was considered as part of the original design, this shift would place the meadow buffer in a location that is steeper than the location proposed. In addition, the construction of the Stone Bermed Level Lip Spreader and meadow buffer in the area closer to Lot 4 would require that more of the buffer area be regraded (versus using the existing vegetated field area without the need to regrade, as is the case with the current location). The construction of the 60 wide outlet would also require a wider cut in the natural berm that helps to buffer the view of Lot 4 from Field Road (preservation of the view across the existing field area has been a key element of the Planning Board s consideration of this project). 3. A bioretention cell soil filter must detain and filter a runoff volume equal to 1.0 inch times the subcatchment s impervious area plus 0.4 inch times the subcatchments landscaped development area. The stormwater calculations provide the 0.4 x landscaped area and it appears this should be 0.4 x landscaped developed area. Please clarify. In accordance with the MDEP standards, the Bioretention Cell s CPV has been sized based on the volume of runoff equivalent to 1 over the impervious area plus 0.4 over the tributary developed area that is landscaped. St.Clair Associates ~ 34 Forest Lane ~ Cumberland, Maine david@stclairassociatesmaine.com nancy@stclairassociatesmaine.com David s Phone (207) Nancy s Phone (207)

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35 FALMOUTH PLANNING BOARD REQUEST FOR HEARING IN ADDITION TO THE SPECIFIED REVIEW FEES, APPLICATIONS SHALL BE ACCOMPANIED BY A SEVENTY-FIVE ($75.00) DOLLAR FEE TO COVER THE COST OF NOTIFICATIONS AND PUBLISHING. Name of Applicant: Keith Smith Phone# Fax: smith@tjda.net Alt. Phone # Full Address: 121 West Main Street, Yarmouth, ME Address of Property to be Developed: (if different) 98 Field Rd Map: R03 Lot: 76-A Zone: F / RCZO Property Owner (if other): Charlie Harriman Full Address: Phone: 98 Field Road, Falmouth, ME The undersigned requests that the Falmouth Planning Board consider the following application for: Pre-application Sketch Plan Review Minor Subdivision Private Way Sign Permit Major Subdivision Site Plan Review Shoreland Zone Permit Fill Permit Other (specify) Notes to the Applicant: 1. A short description of the project must be attached to this form. This application must be filed at the Town Hall no later than twenty-eight (28) days prior to the regular meeting of the Board (1 st Tuesday monthly). Applications shall be accompanied by all application fees and materials required by the applicable ordinance(s), checklists and fee schedule. 2. All applications shall include all materials and copies as specified on the submittal requirements form. 3. All materials in color shall be copied in color. Application Authorization I hereby make application to the Town of Falmouth for the above-referenced property(ies) and the development as described. To the best of my knowledge the information provided herein is accurate and is in accordance with the Zoning and Subdivision Ordinances of the Town, except where waivers are requested. The Town of Falmouth Planning Board and/or town employees are authorized to enter the property(ies) for purposes of reviewing this proposal and for inspecting improvements as a result of an approval of this proposal. I understand that I am responsible for appearing, or having someone appear on my behalf, at all meetings before the Planning Board. Unless the applicant has submitted notice to the Community Development Department as part of the initial and any subsequent submittals, no alteration of site conditions, including the existing landscape, structures and buildings, shall occur between the date of application submittal and the date the application has received final sign off from staff after Planning Board approval. Signed: Date: Printed name: Keith B. Smith Please identify yourself (check one): Agent* Property Owner *(If you are an agent, written authorization from the property owner must be attached to this form.) Amended May 19, 2009

36 MAJOR SUBDIVISION FINAL PLAN CHECKLIST Name: Date: Date of Preliminary Approval: Note: Please refer to separate Submittal Requirements form to determine the number of copies necessary for each submission. ( ) 1. Written approval by other governmental agencies a. Department of Environmental Protection site location permit b. Department of Human Services, if central water supply system c. Portland Water District, if public water. d. Falmouth Town Council, if conveyance of easements or open space to the Town, or if extension of public sewers. e. Soil Conservation Service for soil erosion and sedimentation control. 2. Performance Guarantee for public improvements a. Form of Guarantee: b. Amount of Guarantee 1. Streets $ 2. Storm Drainage $ 3. Sewer $ 4. Water $ 5. Electric $ 3. Appropriate number of copies of plans at 1 =40 scale (max. 24 x 36 ) and appropriate number of 11 x 17 copies to include: a. Preliminary plan information and location map. b. Amendments as required by Planning Board from preliminary approval stage. c. Engineering plans for construction. d. Names, registration #, and seals of all professionals. e. Street names and lines, pedestrian ways, lanes, easements, right-of-ways, public open space. f. Length of straight lines, deflection angles, radii, length of curves, central angel of curves, tangent distance and bearing for streets. g. Certified field survey by licensed surveyor. h. Designated public open space and land to be retained. i. Lots numbered. j. Statement prohibiting further lot divisions without Planning Board approval. 4. Copies of declarations, agreements, and/or easements. 5. Written offers for conveyances to the Town and written confirmation that such offers are acceptable. Updated 10/10/07

37 ZONING TOWN OF FALMOUTH CONSERVATION ZONING CHECKIST PROJECT NAME DATE ( ) Palmer Road Subdivision Maximum Density Allowed [Section B & Section ] * : (a) Total land area of parcel (b) 10% deduction for roads & parking acres acres (c) Land cut off from main parcel & unavailable for building acres (d) Land in flood way or coastal high hazard per FEMA maps acres (e) Land unsuitable for development per topography or soil conditions: 1. Slopes > 25% or unstable soils acres 2. Wetlands acres 3. Coastal wetlands acres (f) Land in rights of ways or easements Stream acres (g) Land in Resource Protection Districts (of Shoreland Zone) acres (h) Total non-buildable land (sum of b through g) (i) Net Residential Area of parcel (h subtracted from a) NA NA NA NA acres acres (j) Maximum Density (i divided by district minimum lot size) lots or living units 2. Minimum Open Space Required [Section C.1]: (a) Total non-buildable land (from 1.h. above) (b) 30% of buildable land (from 1.i. above (c) Total open space (sum of 2.a. and 2.b.) (d) Total open space provided acres acres acres acres 3. Priorities for land to be placed in open space [Section C.2]: (Continue through list until total acreage in 2.c is reached) (a) Priority #1: 1. Streams w/ required buffers acres 2. Wetlands w/ required buffers acres 3. Vernal pools w/ required buffers acres 4. Areas of sustained slopes > 25% acres 5. Floodplains acres (b) Priority #2: Habitat of rare species acres 2. Upland habitat of vernal pools acres - - * Falmouth Zoning & Site Plan Review Ordinance reference

38 Conservation Zoning Checklist Project Name Harriman Subdivison Page 2 3. Archaeological or historic sites acres 4. Cemeteries acres (c) Priority #3: 1. River or stream corridors (2 width of required buffers) acres 2. Wildlife corridors (300 ft.) acres 3. Trail corridors (50 ft.) acres 4. Unfragmented wildlife habitat (150 acres min) acres (d) Priority #4: Areas adjacent to other open space (e) Priority #5: Roadsides with rural character (f) Priority #6: acres acres View sheds & agricultural fields (include forest edge) acres (g) Priority #7: Groups of small forested wetlands (h) Priority #8: acres 1. Non-scenic fields acres 2. Aquifer recharge areas acres 3. Deer yard habitat acres 4. Other identified habitats acres 4. Proposed uses of common open space [Section C. 3.]: (a) Conservation & natural resource protection (b) Outdoor recreation: 1. Improved areas % of open space acres 2. Buildings number sq. ft. (c) Indoor recreation: Buildings number sq. ft. (d) Forest management, agriculture, and animal husbandry: Uses (e) Support facilities for subdivision: acres 1. Individual wells number 2. Community wells number 3. Individual septic systems number 4. Common septic systems (<2000 gpd) number (f) Other uses compatible with overall scale & character of project: Uses yes no yes no S:\CommunityDev\Forms and Fees\Forms Planning\Application Forms\Conservation Zoning\conservation zoning checklist_ doc

39 Conservation Zoning Checklist Page 3 Project Name Harriman Subdivision 5. Standards for individual lots [Section D.]. (a) Minimum lot size: 1. Public Sewer ( ) 10,000 sq. ft. 2. Private septic systems ( ) 20,000 sq. ft. (b) Minimum lot width: 1. General design ( ) 125 ft. 2. With master plan design ( ) 62.5 ft. (c) Minimum front setback: ft. (d) Minimum side & rear building separation/setback: 1. To buildings & property lines within project (Per building codes & Planning Board review) 2. To buildings & property lines outside project (Same as underlying zoning district) 6. Streetscape buffers adjacent to existing streets [Section F.]: (a) Buffer width: 1. Existing home ( ) 25 ft. 2. Proposed homes ( ) 100 ft. (b) Buffer treatment: 1. Existing mature vegetation ( ) 2. Landscaping proposed ( ) 3. Protection mechanism proposed ( ) 7. Perimeter buffers to adjacent properties [Section G.] (a) Buffer width: 50 ft. (b) Buffer treatment: 1. Existing mature vegetation ( ) 2. Landscaping proposed ( ) 3. Protection mechanism proposed ( ) 8. Conceptual long range development plan [Section H.] (a) Portion of parcel to be developed (b) Portion of parcel to be retained (c) Potential for future conservation and development: 1. Potential Primary conservation areas ( ) 2. Potential Secondary conservation areas ( ) 3. Potential development areas ( ) 4. Potential access routes ( ) 9.7 acres 9.59 acres S:\CommunityDev\Forms and Fees\Forms Planning\Application Forms\Conservation Zoning\conservation zoning checklist_ doc

40 SUBDIVISION TOWN OF FALMOUTH CONSERVATION SUBDIVISION CHECKIST (Checklist to be submitted with required plans listed below) PROJECT NAME DATE ( ) A. Project design & submissions coordinated by landscape architect [Section 7-7] : ( ) Applicant requesting waiver of landscape architect per simplicity of project design and conformance with requirements of the ordinance B. Informational conference with Town Planner [Section 7-7]: Palmer Road Subdivision C. Site Analysis Narrative & Existing Resources Site Analysis Plan [Appendix 7-22, Section E]: 1) Site Analysis Narrative (Submit with maps below): a) General description of property b) Site constraints c) Site opportunities d) Open space conservation potential e) Development potential 2) Existing Resources & Site Analysis Plans: a) Specific data provided for site b) General data provided for surroundings c) Map SA-1 Vertical aerial photography of site & surroundings Show areas within 500 feet d) Map SA-2 Vertical aerial photography of site e) Map SA-3 Topography 5 ft contours of open space areas 2 ft contours of development areas (Prepare after Map SP-1 below) Slopes between 15% and 25% Slopes greater than 25% f) Map SA-4 Drainage Ridge lines & watershed boundaries Drainage courses & features (e.g., wetlands, vernal pools) Required buffers (Zoning Section & 19-96) [Reference in Subdivision Ordinance] SA-Site Analysis SP-Sketch Plan s:\communitydev\forms and fees\forms planning\application forms\conservation zoning\conservation subdivision checklist_ doc

41 Conservation Subdivision Checklist Page 2 Project Name Harriman Subdivision Vernal pool upland habitat (700 ft radius around pools) g) Map SA-5 Vegetative Covers Forest canopy Cover types, ages, & conditions Trees > 15 inch dbh in developed areas (Prepare after Map SP-1) h) Map SA-6 Class B high intensity soil survey for developed areas (As identified in Map SP-3 and in Section E. below) i) Map SA-7 Natural & Cultural Features View shed analysis from public roads into property Views from within property Geologic formations (e.g., rock outcrops, knolls, ravines) Existing man-made features (e.g., buildings, roads) Historically significant features (e.g., cellar holes, stone walls) Trails in public use (with or without legal easements) Recorded easements (all types) j) Map SA-8 Net Residential Area Calculations Areas deducted from density calculations shown D. Four Step Design Process Sketch Plans [Appendix 7-9]: 1) Map SP-1 Delineation and Design of Open Space a) Minimum open space acreage (per conservation zoning checklist item 2.c.) acres b) Placement of primary conservation areas in open space acres (Excluded areas from Map SA-8 above) c) Placement of secondary conservation areas in open space per priorities acres (Per conservation zoning checklist items 3 a. through h and Maps SA-4, 5, 6, & 7 above) 2) Design of Open Space (also show on Map SP-1): a) At least 75% of open space contiguous b) Open space protects identified resources c) Modification of open space per ownership & stewardship plan (Y or N) (If yes, address in Resource Conservation & Impact Plan in E. below) d) All required open spaces 50 feet wide & 10,000 sq. ft. e) Boundaries of common open space clearly delineated with: Natural features (e.g., hedgerow) New landscape features f) Open space includes minimum buffer along public road 3) Map SP-2 Location of Optimum Building Locations a) Placement along open space areas identified in Map SP-1 above na NA s:\communitydev\forms and fees\forms planning\application forms\conservation zoning\conservation subdivision checklist_ doc

42 Conservation Subdivision Checklist Page 3 Project Name Harriman Subdivison b) Consideration of topography & soils constraints c) Buildings 100 ft. from primary conservation areas (per Map SP-1) d) Buildings 50 ft. from secondary conservation areas (per Map SP-1) 4) Map SP-3 Alignment of Streets & Creation of Trail System a) Design of streets per Appendix 7-5 b) Modifications of street design per Appendix 7-5, Section E. 6 (Per landscape architect s recommendations) c) Street impacts on primary & secondary open spaces minimized d) Number of dead ends minimized e) Paper streets to abutting properties [Appendix 7-5, Section C] f) Trail system provides access from all homes to open spaces Trail system connects to off-site trails (Y or N) (If yes) Trail corridor credited toward required open space Trails meet design standards [Appendix 7-1, Section N] 5) Individual Lot Boundaries (also on Map SP-3) a) All lots meet standards of Zoning Section D checklist b) Master plan for more compact lots being submitted (Y or N) Lot layouts & building designs shown on master plan Maximum lot coverages Floor area ratios Major building axis alignment to road Buildings coordinated on adjoining lots Buildings not crowded Adequate yard spaces Privacy screening c) Delineation of all lot boundaries clear d) All lots provided with useable yard space E. Resource Impact and Conservation Plan [Appendix 7-3, Section B. 22]: Y N Y N 1) Impacts of development on identified resources within primary impact areas where development will be clustered (For any resources identified in Maps SA-4 through 7 above) 2) Impacts on identified resources within secondary impact areas close to development areas (i.e., edges of open space areas) 3) Impacts on identified resources within protected areas and common open space (i.e., use of open space for stormwater facilities, wells, or septic systems) NO Yes stormwater treatment buffer s:\communitydev\forms and fees\forms planning\application forms\conservation zoning\conservation subdivision checklist_ doc

43 Conservation Subdivision Checklist Page 4 Project Name Harriman Subdivision 4) Preliminary subdivision plan minimizes site disturbance & impacts on resources to greatest extent practicable 5) Applicant is requesting waiver of Resource and Conservation Plan because proposed design will have insignificant impacts on identified resources x yes F. Preliminary Common Open Space Ownership and Stewardship Plan [Appendix 7-3, Section B. 23 & Appendix 7-8, Section J]: 1) Map showing all areas to be held as common open space and/or protected by conservation easements (e.g., buffer strips) 2) Proposed form of ownership: a) Common areas to be held by homeowners association b) Common areas to be deeded to Town c) Common areas to be deeded to land trust d) For option a, executory interest to be provided to the Town e) For options b or c, written indication of willingness to accept ownership to be submitted with Final Plan 3) Description of proposed conservation restrictions for permanent protection a) Open space to be protected from intensive uses b) Proposed open space uses listed (see conservation zoning checklist Sect.4) c) Support uses for subdivision listed (e.g., septic, stormwater) d) Proposed legal mechanisms: i) Deed restrictions or covenants ii) Conservation easements iii) Sale of development rights iv) Transfer of development rights v) Other mechanism 4) Description of proposed long-term stewardship provisions for open space areas a) Maintenance activities required b) Responsibility for maintenance program assigned c) Maintenance funding mechanism included in association documents d) Monitoring program to ensure compliance with restrictions e) Stewardship account to be established for privately held lands f) Stewardship fund to be established for publicly held lands x x x ok yes x x waiver requested s:\communitydev\forms and fees\forms planning\application forms\conservation zoning\conservation subdivision checklist_ doc

44 tjd&a Terrence J. DeWan & Associates Landscape Architects & Planners 121 West Main Street Yarmouth, Maine tel fax e.mail. July 19, 2016 Nathan Poore, Town Manager Falmouth Town Office Falmouth ME Re: Harriman Property 98 Field Road. Request for Town acceptance of Open Space from Charlie Harriman. Dear Nathan and the Falmouth Town Council, We are in the process of creating a four lot subdivision for Charlie Harriman at 98 Field Road. The property is located in the resource conservation overlay district which requires the setting aside open space associated with the development. Charlie Harriman is proposing to convey the 4.80 acre open space to the Town of Falmouth. LMAC has suggested and approved the open space be deeded to the Town with the condition that the proposed easement over an existing trail be executed at the same time. That easement is included in this package for approval. We received Preliminary Approval at the June Planning Board meeting and are required to have Town Council acceptance of the open space prior to submitting for final Planning Board Approval. With this letter, we are requesting that the Town Council put the review and acceptance of the Open Space request on the July 25 th agenda. Our next possible Planning Board Submittal is August 9 th so opportunity for approval prior, would be greatly appreciated. In addition to acceptance of the open space, this package includes; a pedestrian easement across lot 3, pedestrian and bicycle easement over the road right of way, and a pedestrian easement for an existing trail that crosses over land to be retained by Charlie Harriman. Within the Open Space, there is a proposed meadow buffer that is a low impact stormwater treatment feature. The buffer is needed to treat some of the water that comes off the subdivision. The stormwater buffer will be installed and maintained by the grantor and or Home Owners Association. There is an Installation and maintenance easement proposed over this portion of the open space. The installation will require; some grading of the field, placement of a stone level spreader, and reseeding the field. Maintenance of the meadow buffer requires that the area be cut not more than twice a year to a height no shorter than 6. This is consistent with typical agricultural cutting and haying practices. In the event that the Town decided to no longer maintain the open space as field, this area could be allowed to revegetate and become a wooded buffer. Wooded buffers provide a higher level of treatment and would not impact the water treatment.

45 Harriman Subdivision, 98 Field Road, Falmouth Included in this submittal package: Quitclaim Deed with Covenant Easement Deed Schedule A Subdivision Plan of Harriman Property by St. Clair Associates Schedule B Graphic plan for reference Town Council Context Plan by TJD&A We feel that this Open Space will be a great addition for The Town of Falmouth and look forward to your review. Please contact us if you have any questions or need further information prior to a meeting. Sincerely, Keith B. Smith, Associate, Landscape Architect Terrence J. DeWan & Associates Authorized Agent. CC. Ethan Croce, Senior Planner David Gagnon, LMAC - 2 -

46 QUITCLAIM DEED WITH COVENANT Short Form Deeds Act 33 M.R.S.A. Section 761 et seq. KNOW ALL BY THESE PRESENT THAT CHARLES P. HARRIMAN, in his capacity as TRUSTEE of THE CHARLES P. HARRIMAN TRUST 1992, which trust is dated July 28, 1992, with an address of 98 Field Road, Falmouth, Maine 04105, for consideration paid, grants to the TOWN OF FALMOUTH, a Maine municipal corporation with a mailing address of 271 Falmouth Rd., Falmouth, ME 04105, its successors and assigns, with QUITCLAIM COVENANTS, as joint tenants, the land, together with any improvements thereon, located in the Town of Falmouth, County of Cumberland and State of Maine, and being more particularly described in Exhibit A attached hereto and made a part hereof. IN WITNESS WHEREOF, Charles P. Harriman, in his capacity as Trustee of The Charles P. Harriman Trust 1992, has caused this instrument to be executed under seal this day of, WITNESS: The Charles P. Harriman Trust 1992 Charles P. Harriman, Trustee STATE OF MAINE COUNTY OF CUMBERLAND, SS., 2016 Then personally appeared the above-named Charles P. Harriman, Trustee of The Charles P. Harriman Trust- 1992, and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of The Charles P. Harriman Trust Notary Public/Attorney at Law Print Name

47 EHIBIT A A certain lot or parcel of land situated on the northwesterly side of, but not adjacent to, Field Road in the Town of Falmouth, County of Cumberland, State of Maine, said parcel being more particularly bounded and described as follows: Beginning at an iron found at the northwesterly corner of parcel 1 of land now or formerly of Juan F. Conde and Katrina H. Conde as described in a deed recorded at the Cumberland County Registry of Deeds in Book Page 324; Thence S W, by and along land of Conde, a distance of feet to a 5/8-inch rebar set; Thence N W, by and along a proposed road and by and along Lot 4 as shown on a plan of land titled Subdivision Plan of Harriman Property dated January 4, 2016 by St. Clair Associates, a total distance of feet to a capped 5/8-inch rebar set; Thence S W, by and along Lot 4, a distance of feet to a capped 5/8-inch rebar set; Thence S W, by and along Lot 3 as shown on said plan, a distance of feet to a capped 5/8-inch rebar set; Thence N W, by and along Remaining Land of Charlie Harriman as shown on said plan, a distance of feet to a capped 5/8-inch rebar set; Thence N E, by and along land now or formerly of Town of Falmouth, a distance of feet to a capped 5/8-inch rebar set; Thence N W, by and along land of Town of Falmouth, a distance of feet to a point; Thence N E, by and along land now or formerly of Christopher D. Hepburn and Michelle D. Hepburn as described in a deed recorded in Book Page 23, a distance of feet to an iron; Thence N E, by and along land or formerly of Wayne D. Piers as described in a deed recorded in Book Page 23, a distance of feet to a point; Thence N E, by and along land now or formerly of Gregory Green as described in a deed recorded in Book Page 140, a distance of feet to an iron found; Thence S E, by and along land now or formerly of Robert F. Montgomery as described in a deed recorded in Book Page 266, a distance of feet to an iron found; Thence S W, by and along Parcel 2 of land of Conde, a distance of feet to an iron found; 2

48 Thence S E, by and along Parcel 2 of land of Conde, a distance of feet to the point of beginning. Meaning and intending to describe a certain parcel of land containing 209,072 square feet, more or less being depicted as Open Space as shown on a plan of land titled Subdivision Plan of Harriman Property with revision date of July 19, 2016 by St. Clair Associates, to be recorded at the Cumberland County Registry of Deeds. Graphically represented in (green) on Schedule B attached for reference. The above described parcel being subject to the rights of the grantor, heirs and assigns to install, maintain, repair, regrade and replace proposed improvements for stormwater located on the above described premises. Said Stormwater Improvements are appurtenant to the proposed road and lots shown on the above referenced plan. Graphically represented in (green with a dashed outline) on Schedule B attached for reference. 3

49 EASEMENT DEED CHARLES P. HARRIMAN, in his capacity as TRUSTEE of THE CHARLES P. HARRIMAN TRUST 1992, which trust is dated July 28, 1992, with an address of 98 Field Road, Falmouth, Maine 04105, (the "Grantor") for consideration paid, grants to the TOWN OF FALMOUTH, a Maine municipal corporation with a mailing address of 271 Falmouth Rd., Falmouth, ME 04105, its successors and assigns (the "Grantee") with QUITCLAIM COVENANT, certain perpetual, non-exclusive rights and easements, for the purposes described herein, over, under and across a portion of the property of the Grantor located in the Town of Falmouth, Cumberland County, State of Maine described in a Quitclaim Deed Without Covenant from Charles P. Harriman to the Grantor dated August 15, 2013 and recorded in the Cumberland County Registry of Deeds in Book 31023, Page 253 (the "Grantor's Property"), said portion of the Grantor's Property subject to said rights and easements being shown as "Subdivision Plan of Harriman Property" on Schedule A attached hereto and made a part hereof and being more particularly described as follows (hereinafter, the "Easement Area"): Proposed Road Right of Way An easement over a certain proposed Right of Way situated on the northwesterly side of Field Road in the Town of Falmouth, County of Cumberland, State of Maine, said proposed road being more particularly bounded and described as follows: All of a Proposed 50-foot wide road Right of Way and including Reserved Future Right of Way as shown on a certain Plan of land titled Subdivision Plan of Harriman Property with revision date of July 19, 2016 by St. Clair Associates. Also, graphically represented in (red) on Schedule B attached for reference. Meaning and intending to describe a certain proposed 50-foot wide right of way and including areas shown as Reserved Future Right of Way. 10-foot Wide Pedestrian Easement Also a certain 10-foot wide Pedestrian Easement situated on the southerly side of Lot 4 as shown on said plan; Beginning at a capped 5/8-inch rebar set in the northwesterly side of a certain "Reserved Future Right of Way" as shown on said plan at the southeasterly corner of Lot 4 being the northeasterly corner of Lot 3; Thence S 28-40'-36" W, by and along said Reserved Future Right of Way, a distance of feet to a point; Thence N 62-11'-38" W, passing through Lot 3, a distance of feet to a point; Thence N 16-44'-23" E, by and along land designated as "Open Space" as shown on said plan, a distance of feet to a capped 5/8-inch rebar set; Thence S 62-11'-38" E, by and along Lot 4, a distance of feet to the point of beginning. Meaning and intending to describe a certain 10-foot Wide Pedestrian Easement containing 1,890 square feet, more or less. Graphically represented in (blue) on Schedule B attached for reference.

50 Pedestrian Easement - Land Retained Also a certain easement situated along a portion of the southwesterly side of Lot 3 a shown on said plan; Beginning at a capped 5/8-inch rebar set at the northwesterly corner of Lot 3 as shown on said plan; Thence S 16-44'-23" W, passing through remaining land of Charlie Harriman, a distance of feet to a point; Thence N 73-12'-28" W, passing through remaining land of Charlie Harriman, a distance of feet to a capped 5/8-inch rebar set in the northeasterly line of land now or formerly of Town of Falmouth; Thence N 16-46'-07" E, by and along land of Town of Falmouth, a distance of feet to a capped 5/8-inch rebar set; Thence S " E, by and along land designated as "Open Space" as shown on said plan, a distance of feet to the point of beginning. Meaning and intending to describe a certain Possible Future Pedestrian Easement containing 3,737 square feet, more or less. The above described property being a portion of the premises described in a deed recorded in Book 3827 Page 40 and Book 4537 Page 171. Graphically represented in (yellow) on Schedule B attached for reference. PEDESTRIAN AND BICYCLE RIGHTS AND EASEMENTS The rights and easements granted herein are for the sole purpose of providing pedestrian and bicycle use by the general public, subject to reasonable rules and regulations established by the Grantee. No above ground structures may be erected in the Easement Area without the prior written consent of the Grantor other than surface level monumentation and signage relating solely to the to the 10-foot Wide Pedestrian Easement and the Pedestrian Easement Land Retained. Any fill, excavation or other activities by the Grantee within the 10-foot Wide Pedestrian Easement and the Pedestrian Easement Land Retained shall not materially alter the existing land contours and drainage characteristics within the Easement Area or elsewhere on the Grantor's Property. Motorized equipment and vehicles of any nature shall not be permitted within the Easement Area, except for the Grantee's ongoing maintenance, repairs or trail work within the 10-foot Wide Pedestrian Easement and the Pedestrian Easement Land Retained, and except for use of the trail by disabled individuals using motorized wheelchairs or the like. The Grantee shall be responsible for all maintenance and repairs of the 10-foot Wide Pedestrian Easement and the Pedestrian Easement Land Retained, and, at the Grantor s request, shall construct at both ends of the trail signage regarding rules for use and/or barriers to discourage motorized access and other uses that unreasonably disturb soils, wetland areas, plants or wildlife habitat or the quiet use and enjoyment of the Grantor's Property by the Grantor. The Grantor shall not take any action to prohibit or discourage use of the Easement Area by the Grantee, its successors and assigns, and by the general public in accordance herewith. Reserving to the Grantor, its successors and assigns, the use and enjoyment of the

51 Easement Area for all purposes as are not inconsistent with and which shall not materially interfere with the uses thereof by the Grantee, its successors and assigns, and by the general public, for the purposes described herein, provided that no building, wall, fence or any other kind of permanent structure shall be erected within the Easement Area without the prior approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed. By acceptance of this instrument, the Grantee shall be deemed to have accepted the rights and easements herein and all of the terms, conditions and obligations set forth herein. The rights and easements granted herein and the terms and conditions hereof shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and the Grantee and their respective successors and assigns. This conveyance is made subject to all zoning and building restrictions, other rights, easements, covenants, conditions and restrictions of record affecting the Grantor's Property, including without limitation, the Subdivision Plan of Harriman Subdivision (including all terms, conditions and notes thereon) dated, 2016 and recorded in the Cumberland County Registry of Deeds in Plan Book, Page, and the Declaration of Covenants, Conditions and Restrictions And Agreement Regarding Road Maintenance of Harriman Subdivision, Falmouth, Maine dated, 2016 and recorded in said Registry in Book, Page, and any amendments thereto. IN WITNESS WHEREOF, Charles P. Harriman, in his capacity as Trustee of The Charles P. Harriman Trust 1992, has caused this instrument to be executed under seal this day of, WITNESS: The Charles P. Harriman Trust 1992 Charles P. Harriman, Trustee STATE OF MAINE COUNTY OF CUMBERLAND, 2016 Then personally appeared the above-named Charles P. Harriman, Trustee of The Charles P. Harriman Trust- 1992, and acknowledged the foregoing instrument to be his free act and deed in said capacity and the free act and deed of The Charles P. Harriman Trust Before me, Notary Public/Attorney at Law

52 Print Name:

53

54 Fal mout hcommuni t ypar k LandRet ai nedby Char l i ehar r i man OPENSPACETO BECONVEYEDTO THETOWNOFFALMOUTHB ( 4. 80ACRES) Fi el dr oa d PEDESTRI ANANDBI CYCLEACESSEASEMENT OVERTHESUBDI VI SI ONROADRI GHTOFWAY 10 WI DETRAI LANDPUBLI CACCESSEASEMENTOVER LOT3TO TOWNOPENSPACEANDTRAI LS. 30 TRAI LEASEMENTTO THETOWNFORTHEEI SI TI NG TOWNTRAI LOVERTHERETAI NEDHARRI MANPROPERTY. HOMEOWNERASSOCI ATI ONEASEMENTOVERTHEOPENSPACE FORGRADI NG ANDMAI NTENANCEOFTHESTORMWATERTREATMENBUFFER SCHEDULE B