TOWN OF WELLS, MAINE PLANNING BOARD

1 0 1 0 1 TOWN OF WELLS, MAINE PLANNING BOARD Meeting Minutes Monday, June,, :00 P.M. Littlefield Meeting Room, Town Hall Sanford Road CALL TO ORDER AND DETERMINATION OF QUORUM Chairman Chuck Millian called the meeting to order at :00 P.M. Members present: Dennis Hardy, Charles Anderson and Pierce Cole. Staff present: Mike Livingston, Town Engineer/Planner, and Cinndi Davidson, Meeting Recorder. MINUTES June, Motion by Mr. Hardy, seconded by Mr. Anderson, to accept the minutes as written. PASSED - 0-1 with Mr. Cole abstaining since he was not at the meeting. PUBLIC HEARING I. RIVER WALK SUBDIVISION Alice Pitts, owner; Bornefield Properties, LLC & Licht Environmental Design, LLC, applicants; Walsh Engineering Associates, engineer. Preliminary Subdivision Application for a major residential cluster subdivision on. acres consisting of lots/dwelling units to be constructed in phases with paved private roadways and with. acres of Open Space proposed. The parcel is located off of Branch Road and is within the Rural and Shoreland Overlay District. Tax Map 0, Lot, and Tax Map, Lot. Applicant Josh Moody and Rick Licht of Licht Environmental Design were present. Mr. Licht described the plan for a major residential cluster subdivision on the Pitts Farmstead off of Route A. The southern boundary is the Merriland River; Hobbs Brook divides the two halves of the parcel and flows into the river. The property is in a FEMA flood plain along the river. An old stone wall following the river will be repaired and maintained as part of the trail system. The Wells Family Cemetery at the corner of the parcel will be cleaned up and maintained. Phase 1 will have lots forward of Hobbs Brook; the rear phase will have lots. There will be two access roads off A and private roads built to Town standards within the subdivision. MDOT has inspected the site and approves the sight distances in both directions. The overhead utilities will PB Min 0-- 1 of

1 0 1 0 1 be brought underground and each lot will have its own well and septic system. The ordinance requires % open space; this project will preserve % as open space. The initial vernal pool study identified potential pools, only one of which is considered significant and active. For fire protection, the river is too shallow for a dry hydrant and the developer has opted for a cistern at the front of the property. Maine IF&W requires a 0 buffer along rivers and streams which will be maintained except for the stream crossings. The Town has a 0 setback for parking and structures along the Merriland River. Studies underway include archeology, hydrogeology, wetland impacts, traffic and stormwater management. The following questions/concerns were addressed during the public hearing with most of the answers provided by Mr. Licht: ~What provisions are being made in case the leach fields are overwhelmed? Extensive testing is being done. There are non-inclusion zones for the wells and septic systems and plans include a reserve system in case of septic failure. ~Will the houses have perimeter drains around the foundations? Perimeter drains and possibly also roof gutters. The houses will be built to DEP standards with filter beds. The buffer to the river will be vegetated. ~How will the stormwater reservoirs be designed? The reservoirs are still in the design phase. Usually they are dry like a rain garden and planted with appropriate plants. They provide thermal protection for the stream and treat the first flush of stormwater where the pollutants are. They are designed to the year storm standard. ~What are the results of the wildlife diversity study? A vernal pool assessment was done. The site was not identified as having any critical habitat. A biologist is out there regularly and the State has determined that this is not a high value area. ~Who will hold the conservation easements for the open space? The applicant is proposing a conservation easement in favor of a third party. ~Will the cistern be above ground or underground? It will be an underground tank with the usual Fire Department nozzles and connections. It has to be inspected several times each year. ~What will be the impact of additional homes on the groundwater in the area? The hydrogeologic study is looking at the groundwater condition. An abutter reported that his well puts out 0 gallons per minute and has a high sodium content. ~Will the leach fields impact abutting properties? The nitrate plumes are not allowed to spread to abutting lots. If the hydrogeologic study showed that abutting parcels would be affected, the system would have to be redesigned. ~What is the value of these homes? Mr. Moody said that, depending on market values, they are anticipating $00,000-00,000. PB Min 0-- of

1 0 1 0 1 ~The Conservation Commission has tried to contact the developer about this subdivision and is willing to work with them on the design, but they have had no response. ~ People drive very fast on that stretch of road and there is a rise in the road just before the site which impacts visibility. What is the distance between the two roads entering Route A and is it acceptable to the State? The State has measured the distance between the entrances and finds it acceptable. To change the speed limit on the road, the Town would have to petition the DOT. One of the traffic engineers recommended warning signs approaching the subdivision and clearing the brush on the corner before the bridge. Mr. Millian noted that the subdivision will also be reviewed by the Staff Review Committee, and the Police and Fire Chiefs will comment on road safety. Two roadways are required, but the direction of traffic flow on each road is up to the reviewing authorities and public safety officials. ~Can the Planning Board limit the number of lots? Mr. Millian said the Board can recommend, but not tell the developer to make changes as long as the Town regulations for density are being met. Mr. Licht said initially they had considered extending the cul-de-sac and having more lots, but there won t be any future extension. During the State review they may lose some lots. The maximum number is lots based on density. ~Can street lighting and lights from homes be prevented from shining onto abutting property? Mr. Millian said the Town Code doesn t allow light pollution onto other property. Mr. Licht said there might be intersection lights, but street lighting will be minimal and has to meet Town standards. ~Habitats in all parts of the country are being destroyed by development. Mr. Hardy asked about the temperature range for brook trout survival. Mr. Licht will have the information available for the Board by the final submission. Mr. Anderson asked about the possibility of having bike paths along Branch Road. Mr. Livingston said the Town doesn t plan any, but the Eastern Trail is not far away. If the State is petitioned about changing the speed limit, bike traffic on that road would be considered. Both local and State police are involved in the process. Mr. Hardy asked to modify the note about walking trails to preserve public access to the paths. Mr. Licht said the discussions to date have supported keeping the trails open to the public. There is a liability issue if the Homeowners Association makes them public trails. Mr. Moody said they are looking into the insurance liability. Mr. Millian said it needs to be resolved before the Association takes over responsibility. Mr. Livingston said it could be part of the wetland mitigation process and the third party easement could include public access to the trails. Once public access becomes part of the easement, the State statute protects owners against liability concerns. PB Min 0-- of

1 0 1 0 1 Motion by Mr. Cole, seconded by Mr. Hardy, to close the public hearing. PASSED unanimously. DEVELOPMENT REVIEW & WORKSHOPS II. RIVER WALK SUBDIVISION Alice Pitts, owner; Bornefield Properties, LLC & Licht Environmental Design, LLC, applicants; Walsh Engineering Associates, engineer. Preliminary Subdivision Application for a major residential cluster subdivision on. acres consisting of lots/dwelling units to be constructed in phases with paved private roadways and with. acres of Open Space proposed. The parcel is located off of Branch Road and is within the Rural and Shoreland Overlay District. Tax Map 0, Lot, and Tax Map, Lot. Workshop Preliminary Findings of Fact & Decisions for possible approval Mr. Hardy asked about the peer review process and if the Town should hire an independent reviewer. Mr. Livingston said that he has the expertise for the stormwater review based on Town standards and DEP s, and DEP will do their own review. Depending upon the wildlife data provided at the final submission and the DEP responses, the Town may want a peer review on habitat. Joe Noel has already looked at the vernal pools. Mr. Millian recommended looking at the wildlife issues early in the review process. Mr. Licht said they will talk with IF&W and DEP. Mr. Hardy s main concern was the water temperature and protecting the fish habitat. Mr. Licht agreed and said they have already asked about removing some of the downed trees in the river that are safety issues. Mr. Livingston noted that trees were observed on the site walk, one in the proposed roadway and the others on Lot 1. Mr. Licht said it would be difficult to move the road because of wetland impacts. They discussed shifting the property line and may get of the trees into the open space with a no-cut easement. All trees have been survey-located. The trees are large and healthy, and this was a significant topic of discussion during the site walk. The small strip of land adjacent to the northerly proposed road has been eliminated; it is now included in the rightof-way. The Findings of Facts & Decisions were reviewed. For the final submission, the Town Assessor needs to approve the proposed road names and lot numbering. Reserve areas for the septic systems need to be shown on the plan (many of the test pits are close to the seasonal water table), and this will affect well locations. The requirements of DHHS must be met. The applicant is not asking for a density bonus and is not dedicating any parcel of land for public use. A LOMA approval or waiver will be required for final submission. Details of the open space and walking trails must be provided. Mr. Cole asked about the 0 buffer along the river recommended in the IF&W letter. Mr. Licht said they are at 0 in most areas except at the main crossings. DEP will issue the permit based on the IF&W recommendation. The local ordinance calls for a 0 buffer for structures and parking along the river. Septic systems are not structures and can be less than 0. Mr. Millian noted that according to standard condition #1, preliminary approval is PB Min 0-- of

1 0 1 0 1 simply a guide to preparing the final plan. The Board still has the option of requiring a peer review for the wildlife; the Town Engineer stated he is not a wildlife biologist. Motion by Mr. Cole, seconded by Mr. Hardy, to grant preliminary approval. PASSED unanimously. III. CHICK S CROSSING ROAD SUBDIVISION Eric Roubo, owner/applicant. Kimball Survey & Design, Inc., agent. Subdivision Pre-Application to subdivision Map, Lot and create lots, one of which shall be approximately acres and include the cell tower and existing dwelling. A private 0 right of way with roadway and cul-de-sac is proposed to serve as access and street frontage for of the proposed lots/dwelling units. The parcel is located within the Rural, Aquifer Protection and 0 Shoreland Overlay Districts and is located off of Chick s Crossing Road. Tax Map, Lot. Receive Subdivision Pre-Application and determine a Site Walk and IV. MARINER CELL TOWER Eric Roubo, owner/ applicant. Kimball Survey & Design, Inc., agent. Site Plan Amendment Pre-Application to subdivide Map, lot and create lots, one of which will be the lot (approximately acres) which includes the existing cell tower and existing dwelling. The Site Plan Amendment to reflect the change in lot lines for the cell tower lot and to reflect the widening of the cell tower access road, which will serve as the right-of-way for of the proposed lots. The parcel is located within the Rural, Aquifer Protection and 0 Shoreland Overlay Districts and is located off of Chick s Crossing Road. Tax Map, Lot. Receive Site Plan Amendment Pre- Application and determine a Site Walk Isaiah Plante of Kimball Survey & Design represented the applicant. Motion by Mr. Cole, seconded by Mr. Hardy, to receive the subdivision pre-application. PASSED unanimously. Motion by Mr. Cole, seconded by Mr. Hardy, to receive the site plan amendment pre-application and hear the two related applications together. PASSED unanimously Mr. Plante described the plan for a lot subdivision, widening the right-of-way for the cell tower to 0 and changing the road width from 1 to. Mr. Livingston said the permission of the Public Works Director and Fire Chief are required for the road changes. The lots are about - acres and are being created for friends and relatives of the owner. The remaining acreage will be left as open space. PB Min 0-- of

1 Motion by Mr. Cole, seconded by Mr. Hardy, to schedule a site walk for both properties for Monday, June 0 at :00 PM. PASSED unanimously. OTHER BUSINESS ~The Staff Review Committee agenda for June is in tonight s packets. ADJOURN Motion by Mr. Cole, seconded by Mr. Hardy, to adjourn. PASSED unanimously. MINUTES APPROVED, ACCEPTED BY: Robert Sullivan, Secretary Cinndi Davidson, Recorder PB Min 0-- of