MINUTES TOWN OF TOPSHAM PLANNING BOARD MEETING AUGUST 20, 2002

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1 MINUTES TOWN OF TOPSHAM PLANNING BOARD MEETING AUGUST 20, 2002 MEMBERS PRESENT: MEMBERS ABSENT: Chairman, Jennifer Davis; Thomas Connelie; David Giroux; James Granholm and Peter Sherwood. Vice Chairman Ronald Bisson. ALSO PRESENT: Interim Town Planner, Bob Faunce; Assistant Planner, Doreen Wilson; Chairman, Board of Appeals, Don Russell; recording secretary Pat Williams and others. A regular meeting of the Topsham Planning Board was held at the Mt. Ararat Middle School on Tuesday, August 20, Chairman, Jennifer Davis, called the meeting to order at 7:00 p.m. (The Board met prior to the meeting at the Cornerstone Baptist Church, 759 Lewiston Road, Tax Map R02, Lot 72 to conduct a site walk.) REGULAR BUSINESS 1. MINUTES OF THE AUGUST 6, 2002 MEETING. Motion was made by Mr. Connelie, seconded by Mr. Giroux, and it was VOTED To approve the minutes of the August 6, 2002 meeting as written. 2. SKETCH PLAN FOR SHORELAND ZONING PERMIT - TOPSHAM TRAIL RIDERS HAVE PROPOSED AN ATV BRIDGE OVER THE CATHANCE RIVER AND TO REPLACE AN ABANDONED BRIDGE - TAX MAP R09, LOTS 54 AND 24. Ed Caron, President of Topsham Trail Riders, told the Board the Trail Riders, an ATV and Snowmobile Club want to build an ATV bridge over the Cathance River and that the project will require a Shoreland Zoning Permit from the Planning Board. Mr. Caron said in order to maintain a trail system through the Town, the Club is attempting to rearrange trails which they never have had permission to ride on and to legitimize these trails by obtaining permission to repair the trails. He said in order to continue the process, the club needs to cross the river at another point than they have been using as it is part of the Conservation Easement around the Highlands. The easement states no snowmobiles or ATV vehicles are allowed Pl. Brd. Mins.

2 Mr. Caron said the club is using design guidelines prepared by the Department of Conservation to size the bridge and its structural members. The bridge will be sited on abutments that were part of a bridge that was formerly on the site. Mr. Caron added that the existing ATV trail network will not have to be expanded to access the bridge. The Trail Riders will be responsible for maintenance of the bridge. The bridge will be located partly on land owned by the Town and partly on land owned by Brabar, Inc. The club is negotiating an easement with Brabar, Inc. Written agreements are in hand from abutters and the Board of Selectmen have given the Trail Riders permission to proceed with the application process. Mr. Caron told the Board that the club will need to obtain a DEP permit as the bridge is in the Shoreland Protection Zone. Carla Rensenbrink told the Board that members of the Trail Riders have had several discussions with the Conservation Committee and that the two entities worked together to establish certain conditions and rules. Mrs. Rensenbrink distributed copies of a report that the Conservation Committee gave to the Board of Selectmen on June 20, In the report the Conservation Committee suggested that a conservation easement be written to grant the Topsham Trail Riders access through the Rogers property as follows: That permission be granted to the Topsham Trail Riders only as long as it is an organized club; That the trail and the bridge be designed for multiple uses and that the safety of walkers be kept in mind; That the trail and the bridge meet all the standards set by the Maine Department of Conservation and that they are maintained according to those standards; That the trail be closed to ATV traffic until May 15 of each year; and That the Topsham Trail Riders apply each year for permission to use the trail and that permission be granted if safety and environmental standards are upheld. Following discussion of the project the Board agreed to meet on Tuesday, August 27, 2002 at 6:30 p.m. to conduct a site walk before taking any action. 3. PUBLIC HEARING - SITE PLAN AND CONDITIONAL USE PERMIT - JILL WALLACE OF 44 GOLDENEYE DRIVE IS REQUESTING APPROVAL TO CONVERT 56 ELM STREET TO A 4-UNIT ELDERLY ASSISTED-CARE FACILITY AND THE SECOND FLOOR TO A RESIDENCE - TAX MAP U07, LOT 14. Ms. Wallace reviewed her proposed project before the Board. Ms. Wallace is proposing to convert the first floor of the Martin s Point Health Care Building at 56 Elm Street to a 4-unit elderly assisted-care facility and the second floor to her residence. The change in use will require a Conditional Use Permit. She told the Board that the license she hopes to obtain stipulates more than 3 beds and less than 16. However, Ms. Wallace only plans to care for 4 to 6 patients Pl. Brd. Mins.

3 Currently, there is a modular unit on the property which Ms. Wallace plans to move approximately 20 feet to attach the unit to the el to form a U shape structure for convenience purposes and to establish a small courtyard for the residents. Interim Town Planner Faunce told the Board that the Planning Department supports the project as presented. It was noted that abutters have been notified and no one was present to comment or object to the project. Assistant Planner Wilson told the Board that part of the property is in the Historic District, but the modular unit actually sits outside the District boundary. Chairman Davis declared the Public Hearing open and asked for comments from members of the public. There were not comments. The Public Hearing was closed. The meeting was opened to discussion between the Board and no major concerns were expressed. It was learned that the applicant plans to have only one or two employees s the project is an elderly assisted care facility rather than a nursing home or dementure unit. However, there will be 24-hour staff coverage for the residents. The Board was in agreement that the project provided a good match of use for the property. The Board agreed to conduct a site walk of the property on Tuesday, September 3, 2002 at 6:30 p.m. prior to the start of the regular 9/3/02 Planning Board Meeting. 4. SITE PLAN EXTENSION - KONOVER DEVELOPMENT CORPORATION HAS REQUESTED AN EXTENSION OF THE DATE OF EXPIRATION OF THE SITE PLAN APPROVALS FOR WAL-MART AND FOR HOME DEPOT. THE REQUEST IS FOR SIX MONTHS AFTER FINAL DECISIONS ARE ISSUED IN ANY LITIGATION REGARDING THE PERMITS ISSUED BY THE TOWN AND THE MAINE DEPARTMENT OF TRANSPORTATION - TAX MAP R05, LOT 21D. Interim Planner Faunce began the discussion stating that given the circumstances (litigation by the Thackers) the applicant has not been able to move forward. He said it seemed only fair that they be allowed a reasonable extension beyond the date that the litigation ends. Chairman Davis referenced Ordinance Section E stating that the Codes does not require a public hearing in this matter. The code says that the Planning Board may extend the permit for an additional six months period upon the written request of the applicant and that the request for extension shall be approved unless the Board becomes aware of the following three criteria: 1) the plan does not meet the standards of Chapter 225 (no information has been received that it does not); 2) the applicant has failed to meet a condition of approval (again, no such information is known) and 3) an amendment in Chapter 225, etc. (no such amendment on file) Pl. Brd. Mins.

4 Motion was made by Mr. Giroux, seconded by Mr. Granholm and it was unanimously VOTED To extend the date of expiration of site plan approval for Wal-Mart and Home Depot for six months after the final decision is issued in any litigation regarding the permits issued by the Town and the Maine Department of Transportation. 5. FINAL SUBDIVISION PLAN - NORTHERN PRIDE COMMUNICATIONS, INC. PROPOSES A COMMERCIAL SUBDIVISION AT 337 LEWISTON ROAD, ROUTE 196, WHICH INCLUDES FOUR PROPOSED COMMERCIAL LOTS, PREPARED BY SITELINES - TAX MAP R05, LOT 56. Kevin Clark from Sitelines represented the applicant, Northern Pride Communications, Inc. Mr. Clark reviewed the final site plan for a proposed office and warehouse off Route 196. The project road has been named Center Park Drive. After its completion, the road will be proposed for acceptance as a Town-owned road. Mr. Clark reviewed changes to the subdivision plan resulting from concerns previously expressed by the Board through discussions, meetings and a site walk on June 4, The lots have been reconfigured to reduce wetland impacts; a 10,000 gallon fire tank which will be maintained by the fire department has been added; the access road has been relocated to an area where trees have already been cleared; an 80-foot front setback of undisturbed buffer along Route 196 has been designated; and additional ditch and road grading and stormwater details have been added to the plan. A letter is in file from Ross Cudlitz stating approval from the AVSWCD. During discussion, Board member Connelie inquired if it was traditional that the Town maintain the water tank. It was noted that local fire departments usually prefer to maintain such tanks to be sure they are operable at all times and maintained properly. Mr. Clark agreed to discuss this issue with the Fire Chief. Mr. Sherwood inquired how the tank was handled at Topsham Express Stop. Mr. Clark will also make that inquiry. There was a discussion of the size of the hammerhead. The Board asked Mr. Clark to confirm that the size of the hammerhead is sufficient for easy access by the Town s largest fire equipment. The Board agreed that they can accept the road length of 550-feet as the applicant did a good job in working around the wetland area. Concern was expressed by the Board of the number of trees which have been cut from the site. The ordinance states that 80% of the trees over 3-inch caliber must be maintained. Chairman Davis said she would like to see as a condition of approval that additional trees be added after the 26-foot drive has been determined. The Board agreed that the requirements for subdivision have been met Pl. Brd. Mins.

5 Motion was made by Mr. Connelie, seconded by Mr. Sherwood and it was unanimously VOTED To approve the Final Subdivision Plan for Northern Pride Communications with the conditions of resolving the issue of maintenance of the water tank, the planting of additional trees, and pavement be tarred to 45-feet on each side of the water tank. 6. PUBLIC HEARING - FINAL SITE PLAN AND CONDITIONAL USE PERMIT - NORTHERN PRIDE COMMUNICATIONS, INC. REQUESTS APPROVAL TO CONSTRUCT AN OFFICE AND WAREHOUSE FOR A SERVICE BUSINESS OFF 337 LEWISTON ROAD, ROUTE TAX MAP R05, LOT 56. Kevin Clark from Sitelines represented the applicants, George and Sandra Crouse. As mentioned in the previous agenda item, the building will be on Lot 4 in the proposed commercial subdivision. The project parcel consists of approximately 20 acres of land. The size of the proposed building will be 6,600 square feet. The only lighting will be of surface mounted type attached to the side of the building. Parking for 12 vehicles is proposed and includes a large turning radius for tractor trailer deliveries. Mr. Clark told the Board that additional Pine Trees will be added after the grading is completed. The applicant plans to come back before the Planning Board for Phase II of the project, a 4,500 square foot building for storage and also will show additional parking. A letter is in file from Ross Cudlitz stating requirements of the AVSWCD have been met. During discussion it was noted that the project is for a warehouse only and that no manufacturing will be done on site. Deliveries are expected to include one truck per day. The business will support 10 employees but most of them will be away on the job rather than on site for the erection of towers. Chairman Davis declared the Public Hearing open. Public Works Director Wes Thames asked who would be responsible for the care of the detention pond on the property and also asked what the responsibility of the Town was if the road washed into the pond. Mr. Clark agreed that a condition of acceptance could be stated that the applicant would be fully responsible for the care and upkeep of the detention pond. There were no further comments from members of the public. The Public Hearing was declared closed. Board Member Giroux reviewed each of the Conditional Use Criteria cited in the Ordinance and the Board was in agreement that each condition had been met Pl. Brd. Mins.

6 Motion was made by Mr. Connelie, seconded by Mr. Granholm, and it was unanimously VOTED To approve the Conditional Use Permit for Northern Pride Communications, Inc. to construct an office and warehouse for a service business off 337 Lewiston Road, Route 196 with the condition that 1) the owner will accept full responsibility for the maintenance of all slopes associated with the detention pond, including those in the road right-of-way; 2) that additional buffering be provided along the property line adjacent to the northeast side; 3) that the operation be limited to warehouse and office use with no manufacturing and 4) that the lighting be limited to two wall packs with cut-off feature of illumination not to exceed 4.5 foot candle upon residential properties in the front of the building. 7. FINAL SUBDIVISION PLAN - CARROLL A. SMITH SUBDIVISION AT 764 FORESIDE ROAD BY SITELINES FOR CARROLL A SMITH. SUBDIVISION FOR THREE PROPOSED RESIDENTIAL LOTS - TAX MAP R11, LOT 24. Kevin Clark from Sitelines represented the applicant and reviewed the plan for a minor subdivision of three single-family residential lots. The property is located on the westerly side of the Foreside Road, in the R-3 Zone which requires a minimum lot size of 1.5 acres and a minimum lot width of 150 feet. Mr. Smith is proposing to subdivide approximately 8 acres into the three lots with the remaining 20 plus acres to be reserved as a conservation/open space area. Mr. Smith is proposing a 575 foot private road to provide access for all lots from the westerly side of the Foreside Road. Mr. Clark noted that concerns were expressed by the Board during a site visit on June 27, 2002 that sight distance was not adequate. Mr. Clark reviewed the plan showing that the proposed entrance has been moved southerly approximately 170 feet and now provides a sight distance of 360 feet to the north and greater than 500 feet to the south. After the clearing of brush and overhanging vegetation is done along the westerly edge of the pavement, a sight distance of greater than the required 370 feet will be available. During a general discussion, the Board was of the opinion that some trees may have to be cut to obtain the necessary clearance. It was suggested if the trees to be cut were on private property, some type of condition should be in place so the trees are not allowed to grow back. Mr. Clark said the proposed roadway configuration has been modified and designed to minimize wetland impacts to less than 4,300 square feet, thus avoiding the need for MDEP permitting. Reports were included in the Board package to show that adequate soils have been identified to accommodate subsurface wastewater disposal systems for all lots. The proposed development is limited to the private road and driveway construction, home site grading and septic systems installation. There will be very small increase in stormwater runoff created by the change in ground cover on the site. Due to the minor increase in impervious area and the properties proximity to tidal wetlands, the traditional concept of detention is not appropriate. Runoff will follow existing vegetated overland drainage Pl. Brd. Mins.

7 paths to existing wetlands, where any increase in runoff will be negligible. Mr. Clark said the applicant is requesting a waiver for the Androscoggin Valley Soil and Water Conservation District review. The matter of open space remains unresolved. In his August 14, 2002 memo to the Planning Board, Mr. Faunce noted that the proposed open space is shown as a separate lot but lacks road frontage. It is inaccessible and its status is still undetermined. Mr. Faunce suggested if the open space is to be retained by the lot owners, the applicant will need to submit maintenance and operations plan and Lot owner s documentation. If it is to be donated to the Town, the applicant needs to state this. In any event, the applicant should submit a plan that shows this lot in its entirety. Kevin Clark told the Board that Mr. Smith will be meeting with the Conservation Committee to discuss the open space and will report back to the Board. (During receipt of public comment, Diana Baribeau expressed concern that there is no access to the rear lot.) Regarding the width of the road, Mr. Faunce said he saw no objection to the reduction in road width to 16 feet, but the majority of Board members want to see the road 20-feet wide. It was noted that an Erosion Control Plan need to be submitted. The proposed road for the subdivision is approximately 570 feet long and is designed around the wetland area. The road will be a private road and the applicant is requesting to reduce its width to 16-feet. The Board told Mr. Clark that the applicant only has 7 days to submit necessary information to meet the deadlines to have this item considered at the September 17 Planning Board Meeting (a complete applicant must be submitted by August 27). The Interim Town Planner added he did not want to see the application back before the Board until it is complete. It was noted that a decision needs to be made regarding the turn around area or hammerhead. If the road will remain a private road a single-headed turn around is acceptable. However, if the road were to become public, the Public Works Director would prefer a hammer head built to ordinance specifications. No action was taken by the Board as the application was found to be incomplete. (A 10-minute break was taken at this point in the meeting.) 8. SKETCH PLAN - BOWDOIN MILL REDEVELOPMENT HAS SUBMITTED A SKETCH PLAN FOR PHASE II DEVELOPMENT AT THE BOWDOIN MILL FOR UTILITIES, GRADES, DRAINAGE, LIGHTING, PARKING LOT LAYOUT, ACCESS AND GENERIC BUILDING LOCATIONS - TAX MAP R02, LOT 3. Rick Quesada reviewed a sketch plan of proposed work for Phase II of the Bowdoin Mill Redevelopment. Mr. Quesada said the buildings shown on the plan are hypothetical and that no uses have been established for them. He asked that the Board review the Pl. Brd. Mins.

8 Amended Site Plan Application with a particular focus on utilities, grades, drainage, lighting, parking lot layout, access and generic building locations. The Fore River Company plans to begin installation of the infrastructure in the fall, in time to beat the Public Works improvements to Summer Street Extension and to be ready for the continuation of the reconstruction of Lower Main Street next spring. Mr. Quesada said he was before the Board with Sketch Plan review of Phase II (B) which includes the parking associated with and to support new buildings, the infrastructure, sewer, water, electricity to support the new buildings and a review in general of the building(s) footprints. The buildings will be permitted separately under the Site Plan Review Process, once they are designed. Mr. Quesada said Fore River's intent is to have the three buildings that will be built on Main Street to be sold off as pad sites. Fore River will be asking for 385 parking spaces. Water is already into the site. The sewer will run with a gravity line and tie into the current sewer line. Electricity will stay continue with the Common Plan Development the same as we used in Phase I allowing as it currently into the site but the transformers will need to be resized. All data cables will be placed underground. Gas lines will be laid next spring. Lot lines will be drawn around the buildings at the next presentation to the Board. If shared parking is necessary, Mr. Quesada said Fore River will go before the Board of Appeals. Interim Planner Faunce suggested that the applicant create lots to maximum size they anticipate they will be as the common front lot does not need frontage setbacks. He suggested the applicant come back with a subdivision plan that will show the road shifted. The Board will need to see the design of the road, landscaping design of the parking lot and show how the stormwater will be handled. It was suggested that the applicant meet with the Fire Chief before proceeding forward. A landscaping plan will be required as well as a lighting plan. Mr. Quesada told the Board that they will provide the required number of street trees but may need direction as to where to place them. It was suggested that the applicant discuss this issue with the Public Works Director. The applicant was asked to put a note on the plan stating the number and size of trees to be used. The Board told the applicant that they wanted to see trees in the lower village, not just buildings and parking lots. The applicant said Fore River planned to ask for a waiver on the 6-foot landscaping in front of the three-story building and will discuss other landscaping issues with the landscape architect. The applicant said he would look into a filtration system to handle the runoff from the parking lots. It was agreed that the applicant met the requirement of Sketch Plan Review Pl. Brd. Mins.

9 9. OTHER. Letter of Resignation Chairman Davis read aloud a Letter of Resignation from Board Member Thomas Connelie. The resignation, effective August 21, 2002, was accepted with regret. September 25, 2002 Forum - Mr. Rensenbrink told the Board that TDI and the Conservation Commission and possibly the Comprehensive Planning Commission were planning a forum on September 25, Planners from the State will be in attendance to share planning ideas. Mr. Rensenbrink asked if the Planning Board would co-sponsor the event. After discussing this possibility it was the consensus of the Board that it would be inappropriate for the Planning Board to co-sponsor the event. Chairman Davis will write a letter of explanation to the forum group. Topsham VIP Project - Interim Planner Faunce congratulated the Board for the manner in which they handled the recent VIP project. With no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Pat Williams, Recording Secretary Pl. Brd. Mins.