MARCH 10, 2020
7:00 P.M.

Board Members Present: Ginny Bracket, Chair, Doug Phillips, Sally Butler, Marianne Stevens, Alternate
Staff: Paul Mitnik, CEO, LPI, BI, AO
Public: Mike Poulin, Greg Willis, Olin J. Charette, Mary Grow Town Line Reporter

Call meeting to order.

1.) February 4, 2020 Minutes
The Minutes were approved by motion of Doug Phillips, seconded by Sally Butler 4-0.

2.) A. Applicant Name: Olin C. Charette
Project Type: Major Site Plan Review
Location 1499 Riverside Dr
Tax Map 2 Lot 86

Review of an expired permit due to discontinuance. Olin C. Charette is the legal owner of the property, the son of Olin J. Charette who attended the meeting.

Planning Board Review

Open discussion of proposal / Review of Site Plan
• The property will be used for motor vehicle repairs, state inspection, and motor vehicle sales; the same uses as before. Sales is not a major component; probably not more than 10 / year.
• The property has two points of egress access from Riverside Drive; a north entrance which is the main entrance having a gate and the south entrance which is used infrequently.
• The project has an active driveway entrance permit from Maine DOT for use of the north entrance as access for the proposed business.
• The south entrance has a gate that is kept locked most of the time but provides emergency access and access for large vehicles such as tractor trailer trucks.
• The facility has a single light to the front of the main building that is motion activated.
• A sign by the main gate at the north entrance displays hours of the business which is Monday to Friday from 8 AM to 5 PM. A 4 x 8 sign on the main building displays “Weeks Mills Garage”.
• The property is screened by a six foot high fence in the front and rear of the property and earth berms with trees 10 to 15 feet high on the sides. The screening is a requirement of the automobile graveyard and junkyard permit which was approved by Vassalboro’s Select Board in January of 2020.
• The vehicle display area for vehicle sales is 100 x 100 and is in front of the main building. The area to the north of this will be used for the display of larger vehicles.
• A drilled well exists on the property behind the main building, but had to be uncovered, having been buried during the mentioned cleanup. The septic disposal bed is in front of the main building.

Application Completeness

X Met __ Not Met
Motion by DP
Seconded by MS
Vote 4-0

Performance Standards Olin C. Charette
Note: Findings by Board in boldface print.

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. Has active DOT Entrance permit
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. Not applicable < 1000 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. Not Applicable
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. Not Applicable
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: Not Applicable < 100 vehicle trips

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.
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
Conditioned to keeping the area adjacent to south gate clear of vehicles and other debris.

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. No changes in structure.
Standard 2
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0

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.
As indicated in the discussion, an earthen berm with trees and a six foot high fence provide adequate buffering to the business which also provides the required screening for the automobile graveyard permit issued in January by the Town Select Board.
Standard 3
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0

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.
Screening see Standards 3. Waste oil used in oil burner used for heating. Antifreeze re-used, and batteries taken to facility in Oakland where they are re-cycled.

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.
No dumpster on site. Small amount of trash generated.

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.
Screening was just repaired the last couple of months and inspected and approved by CEO Mitnik. A section of fence may have recently failed due to wind. Olin said that he would correct this, if the fence has failed.
Standard 4
X Met __ Not Met
Motion by MS
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.
Detention Ponds (3) already exist on site to capture the majority of runoff.
Standard 5
X Met __ Not Met
Motion by DP
Seconded by MS
Vote 4-0

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.
There is no erosion, since no construction is proposed. Sampling of groundwater was undertaken by DEP during a site cleanup by USEPA for uncontrolled sites and found to be sufficient except for arsenic which is naturally occurring. Stormwater is controlled in detention ponds.
Standard 6
X Met __ Not Met
Motion by SB
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.

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

Lighting consists of a single light that is motioned activated used mainly for security. It will normally not be on since the business will be closed a majority of the time during darkness. It is about 100 feet from Riverside Drive and hence is not directed toward the road and is not distracting toward vehicles passing by.
Standard 7
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0

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.
The business is already established and does not require a large initial investment.
Standard 8
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0

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.
There is more than 20 feet available for emergency vehicles to maneuver and access site.
Standard 9
X Met __ Not Met
Motion by MS
Seconded by DP
Vote 4-0

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.'
Noise and other possible impacts are contained within the garage where the repairs are made.

Standard 10
X Met __ Not Met
Motion by DP
Seconded by SB
Vote 4-0
Project Approval
Motion to: X Approve; __ Deny
Motion by: DP
Seconded By: SB
Approved; 4-0
Conditioned to keeping the area adjacent to south gate clear of vehicles and other debris.

3.) CEO Report

Paul discussed a conflict in the Shoreland Zoning Ordinance which needs to be corrected. Colin Clark of DEP confirmed this is an issue. The language is actually an exact copy of the DEP guidelines but was apparently missed by DEP in their review. The issues are as follows:
Section 12C(1) Non-conforming Structure Expansions – This paragraph indicates that non-conforming structure expansions are allowed if permitted through the Planning Board, do not increase the non-conformity, and in accordance with subparagraphs (a) and (b). Subparagraph (c) should also be included in this statement. Also, as written, the height standards in the subparagraphs do not apply to improvements just adding height which are not expansions (defined as a change in footprint). This was not intended by DEP in the Guidelines.

Section 15B(2) Principal and Accessory Structure Land Use Standards – This paragraph indicates that the standard for structure height is 35 feet, which contradicts subparagraph 12C(1). Paul introduced a table which could be inserted in this section to correct this issue. This material is included in the minutes.

The Board indicated that I should get the changes ready for Town Meeting this June if it is not too late to do so. Adjourn 8:10 PM
Respectfully submitted;
Paul Mitnik, CEO, LPI, BI, AO