JUNE 1, 2021
7:00 P.M.

Board Members: Ginny Bracket, Chair, Sally Butler, Doug Phillips, Marianne Stevens, John Phillips, Betsy Poulin
Staff: Paul Mitnik, Interim CEO, LPI, BI, AO
Public: Savannah and Thaddeus Clark, property abutters; Owens McCullough, and Tiffany Chase, New England Solar Gardens; Mary Grow, Town Line Reporter

Minutes May 4 were not available due to a change in the position of Code Enforcement Officer.


A. New England Solar Gardens
Major Site Plan Review
Solar Array
Cemetery St
Map 8 Lot 72-C

A 4.39 MW solar array consisting of 29.9 acres is proposed off Cemetery St.

CEO Mitnik presented copies of the return receipt mail certificates as proof that the abutter notification was done.

Owens McCullough of Sebago Technics representing New England Solar Gardens gave an overview of the project.
• 4.39 Mw utilizing 29.9 acres
• Screw anchors will be used to anchor solar panels to the ground
• An 8 ft knot wire fence will be installed around the circumference with holes large enough to let small animals pass through
• A 20 foot wide road from Cemetery St will allow access to site and will be gated. A key to the gate padlock will be offered to the Town Fire Department. This is a deeded ROW.
• Maintenance mowing will be done once or twice per year
• Site Location of Development and Natural Resources Protection Act Permits needed from DEP
• Army Corp of Engineers Permit not required
• Will be reviewed by CMP
• Location of 1000 feet from road makes it likely that it will not be visible from the road
• A wooded buffer of more than 100 feet will be maintained around the project.

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
(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. Access Road Yes
8. Location and dimensions of all existing and proposed pedestrian access ways. None
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. None
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. None
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
Vote for Completeness
Motion by:
Seconded by:
_x_ Approved 5-0
__ 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.

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 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.

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.
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.

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.

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:

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.
Finding – Access to site infrequent; once or twice per month by owner,

Standard 1
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 5-0

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.
Finding – No new structures are proposed.

Standard 2
X Met __ Not Met
Motion by DP
Seconded by JP
Vote 5-0

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:

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.

Finding - A significant natural wooded buffer is being maintained around the property.
Standard 3
X Met __ Not Met
Motion by BP
Seconded by JP
Vote 5-0

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.
Finding N/A to a solar array.
Standard 4
X Met __ Not Met
Motion by BP
Seconded by SB
Vote 5-0
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.
Finding – The storm water report in the packet illustrates the use of detention ponds to control storm water. DEP permits require this.
Standard 5
X Met __ Not Met
Motion by DP
Seconded by JP
Vote 5-0

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 JP
Seconded by DP
Vote 5-0

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.

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.
Finding – No lighting is proposed.
Standard 7
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 5-0

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.
Finding – Financial support letter in packet; is a requirement of DEP Site Location Permit

Standard 8
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 5-0
Subject to condition that the Town be listed as a beneficiary in the decommissioning bond.

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 DP
Seconded by BP
Vote 5-0

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 JP
Seconded by BP
Vote 5-0

Project Approval
Motion to: X Approve; __ Deny
Motion by: JP
Seconded By: DP
Approved; 5-0

Subject to condition that the Town be listed as a beneficiary in the decommissioning bond.

CEO Report

1. Day of Next Planning Board Meeting

Paul explained that he would be on vacation for the next scheduled meeting date of July 6th. Currently there are no applicants for the July meeting so it was decided that this decision could wait.

2. Buffer for Sidereal Farm Brewery

Paul met with David D’Angelo to plan the buffer which was a condition of the Planning Board Permit. Paul indicated that plantings of two rows of spruce ten feet apart with an alternating arrangement was recommended by him to meet the 25 foot buffer requirement in the Ordinance.

3. Revision Energy Permit Comdition

Paul checked the plantings for the road buffer of scrubs and it appears adequate. One of the two entrances was blocked with a boulder which also meets conditioned requirements.

4. Marijuana Ordinance

Paul explained that he is making an application for the license that will be required for medical marijuana businesses if the new Marijuana Business Ordinance passes on June 8. He is also writing a letter to these businesses informing them of the new requirements dictated by this ordinance.

Adjourn 8:30.

Respectfully submitted

Paul Mitnik
Interim CEO, LPI, BI, AO