11/11/04 draft
Minutes
Town of Waldoboro
Planning Board Meeting
November 10, 2004
1. Minutes of October 13, 2004
2. Approval of Permit for Access Road to Pump Station, Town of Waldoboro, 192 Cross St. (R16/31A)
3. Tabling Request for Septic System Setback Waiver, Carroll, 3001 Washington Road (R21/38A)
4. Approval of Setback Waiver for Replacement Septic System, Campbell, 168 Finntown Road (R8/44D)
5. Preapplication Discussion of Paintball Retail Store and Game Field, Kauffman, 51 W. Main St. (R5/8)
6. Preapplication Discussion, Dwelling Subdivision, Walton, Jackson Road (R20/41, 41A, 41E)
7. Signing Wayne Brown Sunset Ridge Five-Lot Subdivision Plan and Composite Sketch Plan
The meeting was called to order by chairman Bo Yerxa at 7:00 p.m. in the meeting room at the municipal building, with a quorum present throughout. Members present were Carlo Bianchi, Chuck Campbell, Chuck Flint, Terry Gifford (at 7:52 p.m.) and JoAnn Myers. Code Enforcement Officer John Black was present. The audience included Howard and Janet Carroll of 1658 Old Augusta Road, Charles B. Dolham, Herb and Abe Kauffman of 299 Bremen Road, Alfred and Tami Lee of 190 Finntown Road, Michael Ruoss of 150 Finntown Road, Maynard Tomer of 169 Cross St., and Wallace Walton of 214 Jackson Road, Waldoboro.
1. Minutes of October 13, 2004
Campbell noted that on p. 2 under 4 Specific performance standards, line 5 should read “120 square feet” rather than “120 feet in horizontal dimensions”. With this change, on motion of Myers/Campbell, the Board voted 4 – 0 – 1, Bianchi abstaining, to approve the October 13 minutes as distributed.
2. Site Plan Review for Access Road to Pump Station, Town of Waldoboro, 192 Cross St. (R16/31A)
Engineer Paul Cote of Earth Tech was in to present revised plans for the access road to the pump station serving the new production water well near the Medomak River north of Cross St. The plans reviewed tonight are more complete than those distributed for review ahead of the meeting. The access road is to be a gravel-surfaced private way 16’ wide on a 50’ right-of-way over land of Light, entering Cross St. near the Fish & Game property just west of the intersection with Wagner Bridge Road. CEO Black said the road entrance can meet the ordinance sight distance looking west with removal of a berm, but not looking east toward the intersection. The engineers have met with representatives of the Maine Dept. of Environmental Protection who said that although the road is in the watershed of the Medomak River, the disturbed area is too small to require a permit-by-rule for stormwater management, or any other State permits. Tonight’s review was confined to the part of the site plan relating to the access road, because construction plans for the pump station are not yet ready for site plan review.
Chairman Yerxa led the Planning Board through the site plan review submission checklist, considering only items applicable to the access road. The following items were found to be present: 1 Owner and developer; 2 name of development, scale, date (north arrow was lacking);
9 location and size of existing sewers, culverts (the location of the future water main in the road right-of-way was not shown); 11 locations and widths of proposed roads, easements (locations of CMP utility poles were not shown); 12 contours; 13 typical cross sections of proposed road, storm drainage facilities; 14 soil erosion and sediment control plan; 16 flood map; 18 review comments from municipal officials (verbal, not written).
The following checklist items were found not applicable for the road: 3 number of lots and lot boundaries; 4 proposed lot lines, dimensions and locations of buildings, wells, septic system; 5 temporary markers; 6 parcels dedicated to public use; 7 location map showing relation of road to properties within 300 feet; 8 location and size of existing buildings, watercourses, other essential features; 10 location, size, elevation of existing and proposed utilities; 15 soils report for septic system;17 narrative demonstrating that all performance standards have been met – not an ordinance requirement for roads; 19 hydrogeologic assessment; 20 traffic impact analysis; 21 groundwater extraction impact analysis; 22 visual impact analysis.
On motion of Campbell/Bianchi, the Board voted 5 – 0 that all applicable site plan elements related to the access road are present with the exceptions noted above, which are expected to be included on the complete project site plan that will be reviewed at a future meeting.
The Planning Board then went through the four-page site plan review worksheet.
1. Jurisdiction: a new use of land.
2. The applicant is not in violation of the provisions of a previously approved plan.
3. General performance standards: The Board found the following general performance standards applicable and conforming: A access to lots, C buffer areas; G landscaping, with the proviso that the contractor remove as few trees as possible during improvement of sight distances at the driveway entrance; M refuse disposal: Cote said the road contractor will remove all stumps for off-site disposal; O setbacks and screening; P signs; Q soils: CEO Black said the soil underlying the road is Swanville, satisfactory for road construction; R erosion control; U street access and driveways; V water quality impacts. The Board found the following general performance standards not applicable: B air emissions, D construction standards; E explosive materials, F glare; H hydrogeologic assessment; I net residential area; J noise; K off-street parking and loading; L odor control; N sanitary provisions; S storage of materials; T stormwater management.
4. Specific Performance Standards: The Board found all specific performance standards not applicable except the following, which were found applicable and conforming: O road standards; P stormwater management, Q storm drainage construction standards; R additional improvements, requirements (stumps to be disposed of off-site).
Review Standards: The Board found the following review standards met: A will not result in undue water or air pollution; D will not cause unreasonable soil erosion; E will not cause unreasonable highway or public road congestion; G no unreasonable burden on the ability of the municipality to dispose of solid waste, demolition debris; H no undue adverse effect on scenic beauty; I complies with all local ordinances, comprehensive plan; J adequate financial and technical capacity; K not within 250 feet of a pond, lake or river; L road will not adversely affect quality or quantity of groundwater; M not in a flood-prone area; N meets all ordinance requirements. The Board found the following review standards not applicable: B. sufficient water available; C no unreasonable burden on existing water supply; F adequate sewage disposal.
On motion of Myers/Campbell, the Board voted 5 – 0 – 1, Gifford abstaining, that the access road for the proposed pump station meets all applicable general and specific performance standards and review standards. Myers asked that missing site plan elements be supplied. These include a north arrow and location of the water main and power poles along the road. On motion of Bianchi/Campbell, the Board voted 5 – 0 – 1, Gifford abstaining, to approve granting a permit for construction of the access road to the pump station.
3. Tabling Request for Septic System Setback Waiver, Carroll, 3001 Washington Road (R21/38A)
Howard and Janet Carroll and septic site evaluator Charles B. Dolham were present for review of the Carrolls’ request for a setback waiver to locate a septic system 17 feet from the road right-of-way of Washington Road. The proposed setback meets State plumbing code, but the local ordinance requires a 30-foot setback. The unimproved 3-acre lot slopes back from the road and much of the back part is wet. Dolham has determined that the only place on the property that passes for a septic system is close to the road, requiring a setback waiver. The Carrolls want to build on the lot next year if the septic system setback waiver is granted.
The justification for waiver sheet explaining why the waiver is necessary has not been submitted.
Because the applicants do not intend to start construction until next season, on motion of Bianchi/Gifford the Board voted 6 – 0 to table the setback waiver request until such time as a complete waiver application has been submitted.
4. Approval of Setback Waiver for Replacement Septic System, Campbell, 168 Finntown Road (R8/44D)
Stewart and Cindi Campbell were not present for review of a setback waiver request to locate a new septic system on their property at 168 Finntown Road to replace a failed septic system. The Campbells have owned and lived on the property for some 20 years. The lot is approximately 100 feet wide by 300 - 400 feet deep. The existing 1000-gallon septic tank is located very close to the side lot line with Lot 44E to the west. The affected abutter, Michael Ruoss, was present and stated that sewage from the failed system flows over the property line onto his garden located 12 feet from the property line. The proposed new septic system would be approximately 25 feet from the property line. This meets State plumbing code but not the local ordinance, which requires a 30-foot setback from a property line. The replacement system would be 85 feet from Ruoss’s well.
Neighbors present at the meeting said the Campbells are living on the property in one of two travel trailers. The existing mobile home on the property sustained water damage from a plumbing leak and is uninhabitable. The Campbells want to replace it with another mobile home. CEO Black cannot give a permit for the new mobile home until there is a functioning septic system to connect to. A small community grant has been applied for and received, so the State will pay half the cost of the replacement septic system.
As with agenda item #3 above, no written justification of waiver form has been submitted. Planning Board members debated whether to table the Campbell application for consistency or to act on it because of public health concerns due to the failed septic system. CEO Black said the contract for replacing the septic system has been bid, but if the Planning Board does not act on the waiver request and construction has to be deferred a month, the new system may not be put in until spring. A motion by Bianchi/Campbell to table the waiver request failed by a vote of 0 – 5 with 1 abstaining. On motion of Myers/Campbell, the Board voted 4 – 2, Flint and Gifford opposed, that due to public health concerns given that the requested waiver is for a replacement for a failed septic system, and with reservations due to the absence of the applicant and failure to provide the required written justification of waiver form, the Planning Board approves granting a setback waiver for a replacement septic system for the Campbell property at 168 Finntown Road, to be located 25 feet from the side lot line according to site evaluator Charles B. Dolham’s design shown on the HHE-200 subsurface wastewater disposal system application form dated 10/18/04.
5. Preapplication Discussion of Paintball Retail Store and Game Field, Kauffman, 51 W. Main St. (R5/8)
Herb Kauffman and his son Abraham were in for preapplication discussion of their plans for a commercial recreation site at 51 West Main St., next to the recently approved Mills subdivision and abutting the Waldoboro Town Forest. The Kauffmans propose a 60’ x 60’ building, of which a third will be for retail sales and the remainder for personal storage. Behind the store will be a 300’ x 100’ outdoor paintball field enclosed in a stockade fence. The lot is 165’ wide. A 30’ natural forested buffer will be maintained on the side lot lines. Parking for 18 vehicles will be kept 10’ from property lines. Large trees will be left on the game field. The facility will not operate at night and probably not during the winter. The paintball field is 180 feet from the Mills house and 150 feet from the nearest corner of the Mills subdivision. The longest distance a paintball pellet typically travels is about 300 feet.
The applicants demonstrated firing a paintball gun. It is essentially noiseless. Paintball pellets are propelled by a carbon dioxide gas cartridge refillable at the store. Players are required to wear clear protective face masks. The paint is water-soluble and non-toxic. A referee will be on the field at all times during games. Participants who are minors must have written parental permission if not accompanied by a parent or guardian.
CEO Black asked how complete a review the Planning Board wants to make. Board members indicated they will want a complete site plan application, perhaps including a survey of the property. Kauffman said the original Tillou & Kauffman property was surveyed. They bought an additional piece with frontage on West Main St. that has not been surveyed. There is a survey of the adjacent Mills subdivision along the north property line. Kauffman asked whether the parking requirement is based on commercial recreation (1 space/100 s.f.) or retail (1 space/250 s.f.). Yerxa said that 18 parking spaces sounded like a reasonable number to start from.
Flint asked to see specifications for the stockade fencing. He asked how many people are expected to be on site at one time. Black suggested contacting other paintball facilities, of which there are four or five in Maine, one in the Portland area. Myers said some safety issues will be addressed by Kauffman’s insurance company. There may be State standards for paintball facilities.
Kauffman said if the Board approves his site plan, he will cut trees this winter and build next spring. Yerxa told the applicants that if they meet the requirements for a small business operation, their application is likely to be approved.
6. Preapplication Discussion, Dwelling Subdivision, Walton, Jackson Road (R20/41, 41A, 41E)
Although not on the agenda, Wallace Walton was in to discuss plans to add more mobile homes to his property on Jackson Road. He owns the mobile homes and rents them. CEO Black said this represents a “dwelling subdivision”. The land itself will not be subdivided, but Planning Board permission is still needed. Black said there is enough land to satisfy the minimum lot size requirement for each mobile home. Black thinks the dwelling subdivision could be reviewed either under site plan review or subdivision review. If the latter, a survey by a registered surveyor will be required. Black will check whether the subdivision plan must be recorded at the Registry of Deeds. Surveyor Drew Greiner will do a boundary survey and topographic contours. Walton said most of the land has already been surveyed.
Walton said he owns two contiguous pieces of land on Jackson Road. He considers this is actually one property containing multiple dwelling units, all of which are single-family homes. He put two mobile homes on the land more than five years ago, and added two more last year. Now he wants to put a double-wide mobile home and a single-wide on the property. He has a sketch plan of the locations of the mobile homes. He said the land is all cleared and the locations of the new mobile homes, wells and septic systems are marked. He said financing has been arranged and the contractor is ready to move the mobile homes onto the property.
Planning Board members agreed to a site visit Saturday November 13 at 8:30 a.m., meeting at 214 Jackson Road. Chairman Yerxa said his best guess is that a survey will be needed and it will have to be recorded at the Registry of Deeds.
7. Signing Wayne Brown Sunset Ridge Five-Lot Subdivision Plan and Composite Sketch Plan
Members present signed the mylar and paper copies of the Sunset Ridge subdivision plan approved at the September 8 Planning Board meeting. They also signed copies of a composite sketch plan prepared by surveyor Donald Richards showing the location of Wayne Brown lots in Waldoboro, including individual transfers not reviewed by the Planning Board, one-lot subdivisions reviewed by the Planning Board, and the five-lot subdivision at Sunset Ridge. The composite sketch plan includes a statement, “The Waldoboro Planning Board has reviewed this plan and hereby confirms and approves all lots as shown on this sketch as valid lots as of September 8, 2004.” The intent of the statement and the recorded sketch plan is to avoid problems that could be raised during a future title search as to whether one of Brown’s lots received the proper subdivision review.
The final subdivision plan for the Broad Cove Builders 7-lot subdivision was not ready to sign.
Adjournment: The meeting was adjourned at 9:25 p.m.
WALDOBORO PLANNING BOARD
11/15/04
Site Walk – 214 Jackson Road
November 13, 2004
The site walk to review the Wallace Walton request for a dwelling subdivision was called to order by Chairman Bo Yerxa at 8:30 a.m. at 214 Jackson Road. Present were Board Members Chuck Campbell, Terry Gifford and Joann Myers and Owner/Applicant Wallace Walton and John Black, CEO.
Mr. Walton explained the existing situation and conducted a tour of his proposed additions. No minutes were kept regarding the walk. Mr. Walton asked what might be the concerns of the Board. He was advised that the entrance to the proposed dwellings and the need for a wetlands delineation were the two items that he should address further.
Adjourned at 9:05 a.m.
Site Walk Notes: