December 08 2020 minutes

VASSALBORO PLANNING BOARD
MINUTES
DECEMBER 8, 2020
VIRTUAL MEETING
7:00 P.M.

Board Members: Ginny Bracket, Chair, Sally Butler, Doug Phillips, Marianne Stevens
Staff: Paul Mitnik, CEO, LPI, BI, AO
Public: Jeremy Soucy, Andrew Barnett, Leo Barnett, Kristen Collins Town Attorney, Brandon J. Mazer Attorney for neighbors on Sherwood Lane, David Trask, moderator

A. Jeremy Soucy
Major Site Plan Review Pre-application
Automobile Sales
24 Webber Pond Rd
Map 1 Lot 129

Automobiles Sales is proposed at the former site permitted to Randy Raynes.

Application Complete:
A. The Final Plan shall be drawn to a scale of not less than one (1") inch equals (50') feet, and shall contain the following:
1. Name and address of owner and applicant. Yes
2. Scale and north arrow. Yes
3. Location, dimensions, and acreage of parcel to be built upon. Yes
4. Existing contours at intervals of not more than ten (10') feet and proposed contours at intervals of not more than five (5') feet. The Board may require closer contour intervals depending on the nature of the project. Yes
5. The size, shape, and location of all existing and proposed buildings. Yes
6. The location and dimensions of all existing and proposed parking areas, loading and unloading facilities, and points of ingress and egress of vehicles to and from the site to public streets. Parking Layout and Design - Off-street parking must conform to the following standards: Yes
There are two entrances, one on Riverside Dr, the other on Webber Pond Rd. Entrances are 20-25 feet wide.
(a) Parking areas with more than two (2) parking spaces must be arranged so that it is not necessary for vehicles to back into the street.
(b) All parking spaces, access drives, and impervious surfaces must be located at least five (5) feet from any side or rear lot line, except where standards for buffer yards require a greater distance. No parking spaces or asphalt type surface shall be located within five (5) feet of the front property line. Parking lots on adjoining lots may be connected by access ways not exceeding twenty-four (24) feet in width.
(c) In lots utilizing diagonal parking, the direction of proper traffic flow must be indicated by signs, pavement markings or other permanent indications and maintained as necessary.
(d) Parking areas for nonresidential uses must be designed to permit each motor vehicle to proceed to and from the parking space 9 provided for it without requiring the moving of any other motor vehicles.
(e) Provisions must be made to restrict the "overhang" of parked vehicles when it might restrict traffic flow on adjacent through roads, restrict pedestrian or bicycle movement on adjacent walkways, or damage landscape materials.
7. Location of all existing and proposed easements and rights-of-way. None
8. Location and dimensions of all existing and proposed pedestrian access ways. Yes
9. Location and size of existing and proposed water and sewer mains, culverts, and storm drains. None
10. Location of all existing and proposed outdoor lighting. Yes Security lighting
11. Location of natural features such as watercourses, marshes, rock out-cropping, and stands of trees. Yes
12. Landscape Plan showing location and type of all existing and proposed plantings and screenings. Landscaping must be provided as part of site design and may include plant materials such as trees, shrubs, groundcovers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture. Yes Trees to north
13. Location and size of all existing and proposed signs and advertising features. Freestanding commercial business signs should be placed at right angles to the street so as to be viewed from both directions. Signs shall be no larger than 4' X 8'. In urban, built-up areas commercial business signs should be placed on the building, unless visibility is impaired and a freestanding sign is the best option.
A 4x4 sign will be placed in the same location as former signs.
14. Any other provisions contained in the Town of Vassalboro's Subdivision Regulations whenever applicable. N/A
15. Any other requirements deemed necessary by the Planning Board based on the nature of the proposed development. N/A
16. For projects located wholly or partially within the Wellhead Protection Area of the East Vassalboro Water Company as mapped by the Maine Drinking 10 Water Program, a written statement obtained from the East Vassalboro Water Company indicating that the proposed project will not negatively impact their essential operations. B. A narrative, with supporting data, shall be required to address the environmental suitability of the chosen site to support the proposed development. This may require the use of appropriate qualified professional(s). This narrative shall address the standards as listed in Section
N/A Will be doing light duty repairs. Applying for state dealers license.
Vote for Completeness
Motion by:
DP
Seconded by:
MS
_x_ Approved 4-0
__ Denied

SECTION X. PERFORMANCE STANDARDS – Major A. The Site Plan shall be approved, unless the Planning Board makes a written finding that the applicant is not able to meet one or more of these standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application.

Access to the Site:
a. Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards, to the maximum extent possible.
No DOT entrance permit needed due to former similar use of property.

b. Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.

c. The grade of any proposed drive or street must be not more than +3% for a minimum of two (2) car lengths, or forty feet, from the intersection. Grade < 3%
d. The intersection of any access/egress drive or proposed street must function at a level which will allow for safe access into and out of the project if at least one thousand (1,000) trips are generated. N/A 1000 vehicle trips will not occur.

e. Where a lot has frontage on two (2) or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrians hazards. Access from other streets may be allowed if is safe and does not promote shortcutting through the site.
Customers typically enter from Riverside Dr and exit to Webber Pond Rd. Short cutting will be discouraged.

f. Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be 12 responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets.

g. Access ways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.
h. The following criteria must be used to limit the number of driveways serving a proposed project:

? No use that generates less than one hundred (100) vehicle trips per day shall have more than one (1) two-way driveway onto a single roadway. Such driveway must be no greater than thirty (30) feet wide. N/A way less vehicle trips than 100.
? No use which generates one hundred (100) or more vehicle trips per day shall have more than two (2) points of entry from and two (2) points of egress to a single roadway. The combined width of all access ways must not exceed sixty (60) feet. N/A way less vehicle trips than 100.

Access way Location and Spacing:

Access ways must meet the following standards:
a. Private entrance/exits must be located at least fifty (50) feet from the closest un-signalized intersection and one hundred fifty (150) feet from the closest signalized intersection, as measured from the point of tangency for the corner to the point of tangency for the access way. This requirement may be reduced if the shape of the site does not allow conformance with this standard.
Webber Pond Rd is about 75’ from intersection; Riverside Dr access is 150 ‘ from intersection.
b. Private access ways in or out of a development must be separated by a minimum of seventy-five (75) feet where possible.

Internal Vehicular Circulation
a. The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.

b. Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of a vehicle with a wheelbase of 40 feet.

c. Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).

d. The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot.

e. All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction. The road network must provide for 13 vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.

Standard 1
X Met __ Not Met
Motion by DP
Seconded by MS
Vote 4-0
Condition – Vehicles shall be parked so as not to obstruct vision to north.

2. The location or height of proposed structures and the proposed uses thereof will not be detrimental to other public or private development in the neighborhood.
Standard 2
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0
Building has been there many years, no constructions or changes proposed.

3. The provision for on-site landscaping provides adequate protection to neighboring properties from detrimental features of the development. The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for screening of mechanical equipment and service and storage areas.

Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.

A development must provide sufficient buffering when topographical or other barriers do not provide reasonable screening and where there is a need to:
? Shield neighboring properties from any adverse external effects of the development, or
? Shield the development from the negative impacts of adjacent uses.

The width of the buffer may vary depending on the treatment of the area. Within densely built-up areas, a buffer with dense plantings, fencing, or changes in grade may be as little as five (5) feet in width. A buffer with moderate levels of planting should be ten (10) feet to fifteen (15) feet in width. In suburban and rural settings, the width of the vegetated buffer should be increased to a minimum of twenty-five (25) feet. Areas adjacent to service loading or storage areas should be screened by dense planting, berms, fencing, or a combination thereof with a width of a minimum of five (5) feet.
Standard 3
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0
Buffering (trees) exists to north of property

4. The proposed use will not impose undue burdens so as to exceed the capacity of the sewers, sanitary and storm drains, water, solid waste, fire protection, or other public facilities.

Storage of Materials - Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse must have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge) to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.

All dumpsters or similar large collection receptacles for trash or other wastes must be located on level surfaces, which are paved or graveled. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must be screened by fencing or landscaping.

Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises must be provided and maintained in good condition.
Standard 4
X Met __ Not Met
Motion by DP
Seconded by MS
Vote 4-0
Will have a small dumpster, (2) 55 gallons drums for used oil to be hauled away, scrap meal in containers, no junk cars are planned.
Condition – Oil barrels and scrap metal shall be stored within garage and contained.
5. The Site Plan provides sufficient information to show that storm water will be adequately drained from the site with no adverse impact on other property or publicly owned drainage systems.

Standard 5
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0
No Changes
6. Soil erosion and all other adverse impacts on the soil, ground water, and surface water shall be prevented. Ground water shall not be adversely impacted in quality or quantity. Adequate provisions must be made for the collection and disposal of all storm water that runs off from proposed streets, parking areas, roofs and other surfaces, through a storm water drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

Standard 6
X Met __ Not Met
Motion by MS
Seconded by SB
Vote 4-0
No Changes
7. The provisions for exterior lighting do not create hazards to motorists traveling on adjacent public streets and are adequate for the safety of occupants or users of the site and such provisions will not damage the value and diminish the usability of adjacent properties.

Exterior Lighting - The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated.

Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures must be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings and so that they do not unnecessarily light the night sky. Direct or indirect illumination must not exceed 0.5 foot-candles at the lot line or upon abutting residential properties.

All exterior lighting, except security lighting, must be turned off between 11 P.M. and 6 A.M. unless located on the site of a commercial or industrial use that is open for business during that period.

Wiring to light poles and standards must be underground. 15
Standard 7
X Met __ Not Met
Motion by DP
Seconded by MS
Vote 4-0
Motion activated lights in front of building pointed downward, sign lit from within, no lights outside business hours
Condition - No lights shall be on outside business hours

8. An applicant for Site Plan approval has provided evidence of his financial capability to complete the development as planned. This could include a letter of support from an accredited financial institution or some other means of documenting financial solvency.
Standard 8
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0
Mortgage through Bangor Savings at 3.5% interest

9. The proposed development will not create safety hazards and will provide adequate access for emergency vehicles to the site, and to all buildings on the site.
Standard 9
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0
Plenty of room for fire trucks to turn around

10. The proposed development will not adversely affect the use and enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, glare, or other cause.
The maximum permissible sound pressure level of any continuous, regular or frequent or intermittent source of sound produced by any activity on the site shall be limited by the time period and by the abutting land use as listed below. Sound levels shall be measured at least four (4) feet above ground at the property boundary of the source.

Sound Pressure Level Limits Using the Sound Equivalent Level of One Minute (leq 1) (Measured in dB(a)Scale)

Abutting Use 7 am- 10pm 10pm - 7am
Residential 55 45
Residential in a commercial area 65 55
Public, semipublic and institutional 60 55
Vacant or rural 60 55
Commercial 65 55
Industrial 70 60

Noise shall be measured by a meter set on the A-weighted response scale, fast response. The meter shall meet the American National Standards Institute (ANSI S1 4-1961) 'American Standards Specification for General Purpose Sound Level Meters.'

Standard 10
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0
Repairs will be done within garage.

Project Approval
Motion to: X Approve; __ Deny
Motion by:
Seconded By:
Approved;

SB
MS
4-0
Subject to 1. Vehicles shall be parked so as not to obstruct vision to north.
2. Oil barrels and scrap metal shall be stored within garage and contained.
3. No lights shall be on outside business hours

B. Andrew Barnett
Major Site Plan Review Pre-Application
67 Sherwood Lane
Map 4, lot 27-A
A proposal to construct two 28 x 144 buildings which will be rented for growing medical marijuana and a 28 x 28 storage building.

Application Complete:
Leo Barnett requested that this portion of the meeting be recorded. The moderator, David Trask, made this adjustment to the virtual meeting. No one objected to this request. Board chair Ginny Brackett then began the review of the new site plan submitted to the Town on 11/19/20.
• The application was tabled at the last meeting (November 10) due to a scaling issue of the site plan.
• Scaling was corrected.
• Dimension of road turnaround (50 x 28) was added.
• 30 x 90 turnaround (Andrew Barnett residence driveway) was added
• Dimension of driveway (180 x 30) driveway and parking area added
• Location of power poles was added
Chair Brackett asked CEO Mitnik to add the following to the site plan
• Wooded tree buffer of 75 feet along west property line
• Location of motion activated security lights above front entrances to building and facing 180 x 30 foot driveway and parking area.
November 10 review concluded everything was complete except items 6 (scaling issue) and 7 (easement of utilities issue).
Board believed scaling was corrected. Referred easement issue to Town Attorney Kristen Collins. Other issue was Board did not have the authority to review project due to wording in Town Ordinance prohibiting retail marijuana. These issue identified in a letter from Attorney Brandon Mazer representing abutting neighbors to the proposed project.

Attorneys Collins comments
The mention of “residential utilities” typically refers to utilities of residential scale. It does not serve as a covenant or other prohibition against commercial use of a property. In any event, it does not affect the applicant’s right, title and interest (standing) to apply for the approval. Any disputes regarding the effect of the utility language would be for the owner(s) of the land to litigate.
The intent of the ordinance is clearly stated in the statement that it is not intended to prohibit lawful use of the Maine Medical Use of Marijuana Act. Retail sales of Medical Marijuana are allowed in this Act.
Meeting was opened for public comment. A telephone call number and pin number was put on the screen for people to call that wanted to comment. Only Attorney Mazer commented.
• The deed of the property providing access restricted utilities to residential uses
• Site plan still had scaling issues
• Site plan is incomplete due to not showing parking areas, vehicle loading and unloading areas, pedestrian walkways
• Safety, securities, odor mitigations not addressed
Chair Brackett – Parking standards in Site review ordinance meant for large scale projects. Vassalboro reviews mostly small scale projects
Doug Phillips – Difficult to review use without having information about the process.
Vote for Completeness
Motion by:

DP
Seconded by:
SB
_X_ Approved 4-0
__ Denied

1. The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will create no hazards to safety and will conform to the following:
Access road is a private road.
Access to the Site:
a. Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards, to the maximum extent possible. N/A private road, not a state road.

b. Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows. Yes

c. The grade of any proposed drive or street must be not more than +3% for a minimum of two (2) car lengths, or forty feet, from the intersection. Grade < 3%

d. The intersection of any access/egress drive or proposed street must function at a level which will allow for safe access into and out of the project if at least one thousand (1,000) trips are generated. N/A only 2-4 vehicle trips

e.Where a lot has frontage on two (2) or more streets, the primary access to and egress from the lot must be provided from the street where there is less potential for traffic congestion and for traffic and pedestrians hazards. Access from other streets may be allowed if is safe and does not promote shortcutting through the site. N/A

f. Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets. N/A

g. Access ways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street. N/A
h. The following criteria must be used to limit the number of driveways serving a proposed project: N/A
? No use that generates less than one hundred (100) vehicle trips per day shall have more than one (1) two-way driveway onto a single roadway. Such driveway must be no greater than thirty (30) feet wide.
? No use which generates one hundred (100) or more vehicle trips per day shall have more than two (2) points of entry from and two (2) points of egress to a single roadway. The combined width of all access ways must not exceed sixty (60) feet.
Access way Location and Spacing:

b. Private access ways in or out of a development must be separated by a minimum of seventy-five (75) feet where possible. Yes

Internal Vehicular Circulation
b. The layout of the site must provide for the safe movement of passenger, service, and emergency vehicles through the site.

c. Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of a vehicle with a wheelbase of 40 feet.

d. Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).

e. The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the lot. Parking areas ¾ of building length

f. All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade and tree removal, and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.
Travel section of road 20 ft wide with two foot shoulders.
Standard 1
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0

2. The location or height of proposed structures and the proposed uses thereof will not be detrimental to other public or private development in the neighborhood.
Buildings about 16 ft in height
Standard 2
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0

Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.

The width of the buffer may vary depending on the treatment of the area. Within densely built-up areas, a buffer with dense plantings, fencing, or changes in grade may be as little as five (5) feet in width. A buffer with moderate levels of planting should be ten (10) feet to fifteen (15) feet in width. In suburban and rural settings, the width of the vegetated buffer should be increased to a minimum of twenty-five (25) feet. Areas adjacent to service loading or storage areas should be screened by dense planting, berms, fencing, or a combination thereof with a width of a minimum of five (5) feet.
Standard 3
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0
75 ft wooded buffer from subdivision

4. The proposed use will not impose undue burdens so as to exceed the capacity of the sewers, sanitary and storm drains, water, solid waste, fire protection, or other public facilities.

Where a potential safety hazard to children is likely to arise, physical screening sufficient to deter small children from entering the premises must be provided and maintained in good condition.
Only 3-4 bags of trash generated per week. Trash removed weekly by commercial pickup.
Standard 4
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0

5. The Site Plan provides sufficient information to show that storm water will be adequately drained from the site with no adverse impact on other property or publicly owned drainage systems. Runoff diagram provided by CEO Mitnik indicates runoff is directed toward wetland to north of property away from subdivision. Distance of buildings from wetland may require a DEP NRPA permit.
Standard 5
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0
Condition to ask DEP to do a site visit to delineate wetland boundaries.

6. Soil erosion and all other adverse impacts on the soil, ground water, and surface water shall be prevented. Ground water shall not be adversely impacted in quality or quantity. Adequate provisions must be made for the collection and disposal of all storm water that runs off from proposed streets, parking areas, roofs and other surfaces, through a storm water drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.
Standard 6
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0

7. The provisions for exterior lighting do not create hazards to motorists traveling on adjacent public streets and are adequate for the safety of occupants or users of the site and such provisions will not damage the value and diminish the usability of adjacent properties.

Exterior Lighting - The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated.

Wiring to light poles and standards must be underground.
Standard 7
X Met __ Not Met
Motion by MS
Seconded by SB
Vote 4-0
Only lighting is security lighting similar to residential home.

Sound Pressure Level Limits Using the Sound Equivalent Level of One Minute (leq 1) (Measured in dB(a)Scale)

Abutting Use 7 am- 10pm 10pm - 7am
Residential 55 45
Residential in a commercial area 65 55
Public, semipublic and institutional 60 55
Vacant or rural 60 55
Commercial 65 55
Industrial 70 60

Project Approval
Motion to: X Approve; __ Deny
Motion by: DP
Seconded By: MS
Approved; 4-0
Subject to the following conditions
1. Condition to odor control approved by CEO for meeting industry standards
2. Users of the building showing proof of state registration to CEO.
3. Occupancy inspection and approval just prior to growing.

Adjourn 11:15 PM Whew!!!
Respectfully submitted Paul Mitnik, CEO, LPI, BI, AO