Draft 2/10/05 revised 2/10 with Black’s and Faunce’s input; Yerxa OK’d revised version
Minutes
Town of Waldoboro
Planning Board Meeting
February 9, 2005
1. Minutes of January 19, 2005
2. Approval of Site Plan for Pump Station, Waldoboro Water Dept., 192 Cross St. (R16/31A)
3. Preapplication Discussion, Addition to First Baptist Church of Waldoboro, 71 Grace Ave. (U6/3)
4. Preapplication Discussion, Maine Modular & Manufactured Homes, 1301 Atlantic Hwy.(U12/2)
5. Preapplication Discussion, Back Meadow Nine-lot Subdivision, Black, 550 Union Road (R15/6)
7. Amendment to Broad Cove Builders Subdivision, Balsam Drive (R18/42)
8. Discussion of Board Procedures and Policy with Lincoln County Planner Robert Faunce
The meeting was called to order by chairman Bo Yerxa at 7:00 p.m. Other members present were Carlo Bianchi, Chuck Campbell, Terry Gifford, and JoAnn Myers. Code Enforcement Officer John Black was present. Attenders included applicants Paul Cote and Nathan Johnson of Earth Tech, Martin Olsen representing the First Baptist Church of Waldoboro, Scott Gove and Karl Pitcher of Maine Modular & Manufactured Homes, and Lincoln County planner Robert Faunce.
1. Minutes of January 19, 2005
On motion of Bianchi/Campbell, the Board voted 4 – 0 – 1, Myers abstaining, to approve the minutes of January 19 as distributed. The minutes from the February 2 special Planning Board meeting were distributed tonight but not reviewed. They will be voted on at the March meeting.
2. Approval of Site Plan for Pump Station, Waldoboro Water Dept., 192 Cross St. (R16/31A)
Engineers Paul Cote and Nathan Johnson of Earth Tech in South Portland were in with full-scale plans, construction drawings and systems diagrams for the Cross Street pump station. Water will come from two deep bedrock wells and two gravel wells. The water from the four wells will be mixed at the pump station after treatment to remove uranium, sodium and radon. New water mains on Cross St. and Depot St. will connect to the water distribution system. The access road to the pump station will be gated, and the pump station will have a security light and be surrounded by a chain link fence. The design of the access driveway was approved at the November 10, 2004 Planning Board meeting. The 30’ x 48’ building will be faced with split block and have a metal roof. It has no toilet facilities. The backup power generator will be fueled by LP gas from one or more 1000-gal tanks located outside the building.
Chairman Yerxa went through the site plan submission checklist. The Board found that the following items have been received: 1 owner and developer; 2 name of development, scale, north arrow, date; 3 number of lots and lot boundaries; 4 proposed dimensions and locations of buildings and wells; 6 parcel to be dedicated to public use (owned by the Town); 7 location map; 8 location of existing buildings (none), watercourses, essential features; 9 location and size of existing culverts and drains; 10 location and size of existing and proposed utilities; 12 contour interval of not more than 5 feet; 13 cross-sections of proposed roads, storm drain facilities (submitted previously for review of the access road); 14 soil erosion and sediment control plan (this information is included in in the bid specifications for the contractor, which is part of the application materials; Cote was told that details of the soil erosion and sedimentation control plan should also be on the plans); 16 flood map; 17 narrative; 19 hydrogeologic assessment; groundwater extraction impact analysis. The following items on the submission checklist were found not applicable: 5 temporary markers in the field; 15 soils report for septic system (none); 18 written review comments by municipal officials (previously received); 20 traffic impact analysis; 22 visual impact analysis.
Regarding visibility of the pump station, Cote said the first 600 feet in from Cross Street is wooded. Only the upper half of the building will be visible from a public road, Wagner Bridge Road. The building will not be visible from Cross Street or Winslows Mills Road. The engineers advise against landscape plantings near the building for security reasons. The Planning Board agreed not to require landscaping around the building, especially because the building is set far back from public roads. Cote was asked to remove as few trees as possible from the access driveway entrance onto Cross St. Code Enforcement Officer Black noted that a berm near the road must be removed to improve sight distances at the driveway entrance. It would be counter-productive to require planting shrubs or trees at the entrance that would reduce the sight distance.
The Board then went through the site plan review worksheet checklist. The proposed pump station is a new building. The Town of Waldoboro is not in violation of the provisions of a previously approved plan. The following general performance standards were found applicable and conforming: A access to lots; C buffer areas; D construction standards; F glare (Cote will meet with CEO Black and add to the plan a detail showing shielded exterior lighting); G landscaping (natural vegetation is acceptable and should be retained as much as possible); H hydrogeologic assessment; J noise; K off-street parking and loading; M refuse disposal (uranium extracted from the well water will be taken to the wastewater treatment plant); O setbacks and screening; P signs; Q soils; R erosion control; S storage of materials; T stormwater management; U street access and driveways; V water quality impacts. The following general performance standards were found not applicable: B air emissions (radon gas from the well water will be dissipated harmlessly to the atmosphere); E explosive materials; I net residential area; L odor control; N sanitary provisions.
The only applicable specific performance standard is H groundwater extraction impact assessment, which is applicable and conforming. Cote said the new system should be capable of delivering 200,000 gallons per day, twice the current water use on the public system. He said monthly reports will be sent to the Town and the State.
The Board went through the review standards checklist, finding the following review standards met: A no undue water or air pollution; B sufficient water available; C no unreasonable burden on existing water supply; D no unreasonable soil erosion or reduction in the ability of the land to hold water; E no unreasonable public road congestion or unsafe conditions; G no unreasonable burden on ability of municipality to dispose of solid wastes, demolition debris; H no undue adverse effect on scenic or natural beauty or historic sites (no known archaeological sites are on the property, according to the Maine Historic Preservation Commission); I is in conformance with local ordinances, comprehensive plan; J adequate financial and technical capacity (zero-interest loan for construction); L will not adversely affect the quality or quantity of groundwater on and off the site; M not in a flood-prone area (one of the wells is close to the floodplain boundary, but the pump station is outside the floodplain); N will meet all ordinance standards, both general and specific, when a hazardous materials permit for the propane tanks is issued. The following were found not applicable: F adequate sewage disposal; K not located within 250 feet of a pond, lake or river.
Cote said the plans will be reviewed by the State Drinking Water Program for containment for the sodium hypochlorite chemical used in water treatment.
On motion of Bianchi/Myers, the Board voted 5 – 0 to find that all applicable general and specific performance standards and review standards are met, with addition to the plan of a detail showing shielded exterior lighting, and conditional on Planning Board review of the hazardous materials application and issuance of a permit for the LP gas tank(s). The Board approved granting a permit for construction of the pump station, upon receipt of the hazardous materials permit. The application materials submitted to the Town were asked to include a) a better site plan showing the location of nearly properties; b) copies of the specifications going out to bidders, which contain information on erosion and sedimentation control at the construction site for the pump station; c) detail of the shielded exterior lighting fixture.
3. Preapplication Discussion, Addition to First Baptist Church of Waldoboro, 71 Grace Ave. (U6/3)
Marty Olsen, chairman of the church’s Building Committee, was in for preapplication discussion of a second addition to the church, an education wing.
Construction is scheduled to start in May for the two-story addition that will provide a connection to the future sanctuary. This addition was approved conditionally at the January 19 Planning Board meeting, subject to providing a stamped set of plans showing the exterior stairway from the second floor, a satisfactory letter on to financial capability, and compliance with the sign ordinance.
The stamped plans have not yet been received. Olsen said the church is working on a new sign that will comply with the sign ordinance. He has a letter from a bank regarding financial capability to complete the addition.
A 50’ x 65’ education wing is planned as a second addition to the building. Construction will not begin for another year. The State has reviewed the preliminary plans and made suggestions which are being incorporated in the plans. Finished drawings will be submitted when available. A preliminary landscaping plan shows perennial beds around the building and a line of shade trees in the middle of the parking lot. Olsen was asked to provide a detailed planting plan giving information on the number, size and species of trees and perennials.
4. Preapplication Discussion, Maine Modular & Manufactured Homes, 1301 Atlantic Hwy. (U12/2)
Scott Gove and Karl Pitcher were in to describe plans to relocate their manufactured home sales business to a 6.9-acre lot owned by Parker Spofford on Route 1 opposite Ralph Chevrolet. A purchase and sale agreement has been drawn up, subject to receipt of necessary permits. The Maine Dept. of Transportation will grant an entrance permit for a driveway with a maximum traffic volume of 50 vehicles trips per day (25 round trips). Sight distances are 1200’ in both directions. The speed limit is 40 mph and eastbound traffic is slowing down approaching the traffic light at the intersection with Winslows Mills Road. The business is currently operating on a rented site on Route 1 near Bullwinkle’s Restaurant.
Gove and Pitcher intend to have only one or possibly two modular homes on site at a time as display of stock in trade, plus a permanent 24’ x 24’ storage building (prefabricated garage) and two 12’ utility trailers. The manufactured homes purchased are delivered from the factory direct to the customer’s lot. They plan a gravel parking area and site landscaping to make the lot attractive. Shrubbery around the display units will have to be relocated when the units are sold and replaced. Development will be on the front part of the lot, as the back portion is wet.
CEO Black told the Board that what they are asked to approve is a designated area for display of stock in trade. The Board cannot limit the number of units or structures within the display area.
Gove asked whether the Board will require a traffic impact analysis. He was told not, because the expected number of vehicle trips per day (under 20 round trips) is below the threshold for requiring a traffic study.
The municipal sewer line terminates before the Spofford property. Gove plans to use a 1,000-gallon holding tank for wastewater, to be pumped once or twice a year. The 1000-gal holding tank at their present location has been pumped once since April 2004. No one will live on the property and there will be no water use for bathing or laundry. Signage will comply with the sign ordinance.
Gifford recalled that when the Spofford lot was being considered for a mini-mall some years ago, MDOT would have required the developer to install a slowdown lane at the owner’s expense, but that was for a higher volume of traffic entering and leaving the site.
Chairman Yerxa suggested that Board members inspect the site individually. He told the applicants that the Board does not foresee any special problems with their proposed use.
5. Preapplication Discussion, Back Meadow Nine-lot Subdivision, Black, 550 Union Road (R15/6)
Lincoln County planner Bob Faunce was present to advise the Planning Board during this agenda item. CEO Black appeared as applicant to describe a nine- or ten-lot subdivision planned by him and his son Blake. The 29.7-acre parcel is on the west side of Union Road a mile north of Route 1. It is approximately 600 feet wide with about 825 feet of road frontage. Front Meadow Brook forms the back boundary. Interior lots will be served by a subdivision road with a turnaround between Lots 8 and 9. Drew Greiner has done a wetland delineation. Black believes that all lots contain the required minimum net developable area exclusive of wetland.
Blake Black will own the back part of the property, shown as Lot #10 on the sketch plan. The Board discussed whether or not the lot retained by Blake Black is part of the subdivision. John Black said the Waldoboro minimum lot size ordinance allows “back lots” that do not front on a public or private way and are accessed by a private driveway or right-of-way. Such lots are exempt from the front lot line requirement, but must have at least one lot line equal to or greater than the required front line width of the lot over which the driveway passes. Lot 10 meets the requirement. Faunce advised that if Blake Black acquires title to the back lot before creation of the subdivision, his lot will not count toward the total number of lots in the subdivision.
Chairman Yerxa asked Faunce to review the Black subdivision on behalf of the Board and provide a written opinion, since John Black cannot advise the Board on his own application.
7. Amendment to Broad Cove Builders Subdivision, Balsam Drive (R18/42)
CEO Black said that Broad Cove Builders wants to make a change in the final plan of its seven-lot addition to Evergreen Estates subdivision on Balsam Drive. The revised subdivision plan will have two driveways off the cul-de-sac and a 30’ right-of-way across the two lots for access to a third lot. Since this is a change to a recorded final plan, the Planning Board will need to review the revised plan and sign a revised mylar and paper copies. This will be an agenda item at a future meeting.
8. Discussion of Board Procedures and Policy with Lincoln County Planner Robert Faunce
At 8:40 p.m. the Board met with Lincoln County planner Bob Faunce to discuss Board procedures.
a) Faunce agreed with CEO Black that the Planning Board cannot limit the number of vehicles displayed as stock in trade by a car dealer; it can limit the area on which the vehicles are displayed. The maximum number of permitted units is different for mobile home storage than for display of mobile homes for sale. If landscaping is required around individual units in a display of manufactured homes for sale, the Planning Board can specify a certain number of shrubs to be planted around each home. These plantings would need to be shifted as mobile homes enter and leave the display area.
b) Roads, driveways. Bianchi asked the difference between a low volume road and a driveway. Faunce said there is no such thing as a “low volume road”. Ordinance standards for low, medium and high volumes of vehicular traffic pertain to driveways, not roads. He referred the Board to general performance standard U Street Access and Roads (p. 30 in the Land Use Terms, Definitions and Performance Standards Ordinance), and specifically to subsection 2. Driveway Design. Low volume driveways carry less than 25 vehicle trips per day. A driveway for a single-family home or duplex is a low volume driveway. Driveways serve not only residential but commercial uses. A typical Dunkin Donuts franchise has 300 – 325 vehicle trips per peak hour, so its driveway would be a medium volume driveway. A high volume driveway has a peak hour volume of 400 vehicles or more. A Wal-Mart driveway may have 1000 vehicle trips per peak hour.
As an example of the difference between a road and a driveway, Faunce said the owner of a subdivision would build a road to provide access to lots within the subdivision. The individual lots would have driveways to connect to the subdivision road. For more on roads, see p. 50 in the white loose-leaf Planning Board Manual.
c) Whether a private road in Waldoboro is required to be paved if it serves more than eight lots: Faunce said that where an ordinance contains two conflicting provisions, generally there is language saying that the stricter standard applies. Therefore, he believes that according to the Waldoboro ordinance, private roads serving more than eight lots must be paved.
d) Philosophical approach of CEO vs. Planning Board: Faunce observed that generally, code enforcement officers are proponents of individual rights: you can do what you want with your property unless an ordinance says you cannot. The CEO’s job is to help people comply with the ordinances. The CEO is granted certain powers under the ordinance. You can’t validly object to his decision unless he exceeds his authority; it is his call. Planning Board members should know the ordinances and be strict but consistent, applying the same standards to each application. The Planning Board is granted the power to interpret the ordinance. The Planning Board acts in the long-term interest of the Town as a whole.
e) Lack of compliance with conditions of a permit: If a person persists in refusing to meet the conditions of a permit, in an extreme case the CEO can issue an order requiring the person to restore the site to its prior condition, which may mean removing a house and driveway.
f) Agenda: The Planning Board chairman should go over the agenda with the CEO ahead of the meeting. That is the time to decide not to include an item on the agenda if it is clearly incomplete.
g) Waivers: What requirements can the Planning Board waive, and what can they not waive?
Faunce said the Planning Board can grant waivers for performance standards, for cause. For example, the Board can waive road standards or the requirement for submitting an impact analysis. The reason for the waiver must be stated in the motion. The Planning Board can grant waivers on “non-zoning” issues. Because Waldoboro does not have zoning, for us a “zoning issue” means anything covered in the Minimum Lot Size Ordinance. Dimensional requirements cannot be waived by the Planning Board. Waivers from minimum lot size, frontage, lot coverage or setback requirements (anything in the Minimum Lot Size Ordinance) are handled by the Board of Appeals, and cannot be waived by the Planning Board. (See p. 50 of the Planning Board Manual.)
Note that Waldoboro’s Minimum Lot Size Ordinance 17. B, p. 5, allows the Planning Board to grant setback waivers outside the shoreland zone. This is in conflict with Faunce’s statement above, and has been changed in the draft ordinance revision. See also p. 3 of the Minimum Lot Size Ordinance: setback requirements for nonconforming lots of record as of Nov. 5, 1987, can be reduced by a special exception permit granted by the Code Enforcement Officer upon a finding of practical difficulty. Such special exceptions may be down to a 20-foot setback from the side or rear lot line and down to a 40-foot setback from the edge of the traveled way, but not within the right-of-way. This also has been removed in the draft ordinance revision.
Faunce said the Board of Appeals handles waivers for handicapped accessibility.
Yerxa suggested it would be fruitful to hold a joint meeting of the Planning Board and Board of Appeals to discuss procedures. John Black staffs both boards. Faunce said the Board of Appeals can point out problems with existing ordinances. Appeals are normally not heard de novo, except that appeals under shoreland zoning must be de novo.
h) Creation of illegal single lots: When a person divides off a piece of land to sell or convey, it can happen that the newly created lot meets the minimum lot size requirements but the remaining land is deficient in size or frontage, making it an illegal lot. Black knows of several such cases in Waldoboro in the past five years. No boundary survey is required for either the newly-created lot or the remaining land. Black asked how this problem can be remedied. Faunce said the person who created the illegal lot can be made to recombine the two lots. Black said there are two schools of thought, whether to go after only the owner of the smaller lot or both owners. Faunce said the Town can amend its ordinance to require the buyer to demonstrate that both lots are legal. If a mortgage is involved, usually there will be title insurance. Some towns require review of single lots to make sure that they meet ordinance standards. Waldoboro’s Land Use Ordinance Committee voted down Faunce’s proposed new ordinance language for review of single lots.
i) Findings of Fact: There was discussion of when to write up a Finding of Fact about a Planning Board decision and who does the write-up. Faunce said it is good practice to do such a write-up on every decision, giving the reasons for the decision. Even if the Finding of Fact is that the application meets ordinance standards, the write-up should state the reasons why the application meets ordinance standards. Faunce suggested that the Finding of Fact can be written up after the meeting and be presented at the next meeting. Faunce thought Black would do the write-up, but Campbell said that in Belfast and Rockland the chairman of the Planning Board writes up the Finding of Fact. He gave out samples of Findings of Fact from Belfast and Rockland and a checklist used by the Rockland Planning Commission.
Black asked whether the permit from the CEO would have to be delayed a month if the Finding of Fact, which he views as equivalent to a permit, is not approved until the next Planning Board meeting. Faunce suggested that Black consult the Town Attorney on whether the CEO can issue a permit after the meeting with conditions, based on the Planning Board decision, before the written Finding of Fact has been approved. See pp. 29-30 in the Planning Board Manual. Yerxa said the Planning Board will revisit this issue at another meeting.
Yerxa said he finds it very helpful to have Black analyze each application ahead of time as a guide. He asked if Black’s write-up done ahead of the meeting should be called a “finding of fact”. Faunce said the preferable wording is to say these are Black’s findings “based on the information available to him ahead of the meeting”, or “pending information presented at the public hearing”. Faunce said it is easier to write up the Finding of Fact after the meeting because there is not the time pressure of getting the material to the Planning Board before the meeting.
j) Future planning workshops/question sessions: Yerxa said Planning Board members would benefit from regular meetings with Faunce to go over questions and procedures. He asked whether Planning Board members from other towns would like to participate in a joint meeting, or whether Waldoboro’s questions are unique to Waldoboro.
k) Yerxa asked about getting regular advice from Faunce about Planning Board applications. Faunce said John Black sends him agendas of all Planning Board meetings. Due to a scheduling conflict he cannot usually attend Waldoboro Planning Board meetings, but he can visit the site, review the application materials, and make written recommendations to the Board.
Adjournment: The meeting was adjourned at 10:06 p.m.