7:00 P.M.

Board Members Present: Ginny Bracket, Chair, Sally Butler, Betsy Poulin, Doug Phillips, John Phillips
Staff: Paul Mitnik, CEO, LPI, BI, AO
Public: Edward & Marguerite Zinck, Al Copping; Kara Moody, David Kane, Stantec; Mary Grow, Town Line

1.) July 7, 2020 Minutes
The Minutes were approved by motion of Sally Butler, seconded by Betsy Poulin 3-0.

2.) Applicants

A. A. Edward Zinck
Shoreland Zoning Limited Residential Zone
Webber Pond
Expansion of Non-conforming Structure
Map 17 Lot 2
An expansion of a non-conforming structure with water frontage on Webber Pond is proposed.

Approved Doug Phillips/Betsy Poulin 5-0 with condition to obtain DEP NRPA Permit By Rule.

B. Revision Energy Buffering Plan
Major Site Plan Review Application
Shoreland Zoning Limited Residential / Commercial District
Main St
Map: 12, Lot 4-A

A buffering plan to screen a solar array from Main St (Route 32) was presented to the Board. The plan was submitted due to a condition of the June 2nd approval. A mix of Forsythia, Lilac, and Viburnum 10 to 20 ft on center in 3 gallon size containers for 300 linear feet of road frontage will be planted in the spring of 2021. The plan was approved by motion of Doug Phillips seconded by Sally Butler by a 5-0 vote.

C. Maine DG Holdings LLC
Major Site Plan Review
Riverside Dr
Map 4 Lot 4

This application for a 4.6 megawatt solar array encompassing 26.4 acres was found to be incomplete in the July 7 meeting due to the lack of proposed contour information and lack of proposed buffers / landscaping plan in the project area. Addition information was presented displaying the proposed contours and a discussion of buffering. The application was found to be complete by motion of Doug Phillips seconded by Sally Butler 4-0. John Phillips abstained from the voting and review of the project.

Vote for Completeness
Motion by:
Doug Phillips
Seconded by:
Sally Butler
_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.

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. 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.

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.

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 BP
Seconded by DP
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.
Findings Most of solar array will not be visible from the road. No structures are proposed.

Standard 2
X Met __ Not Met
Motion by DP
Seconded by SB
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.
Findings Undeveloped forested areas provide buffering in northern and eastern boundaries. Existing topography provides reasonable screening for the western and southern edge including neighboring properties.

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.

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.

Findings Not Applicable for a solar array.

Standard 4
X Met __ Not Met
Motion by BP
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.
Findings Addressed adequately in DEP Site Location of Development Permit

Standard 5
X Met __ Not Met
Motion by DP
Seconded by BP
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.
Findings Stormwater analysis undertaken for DEP Site Location of Development Permit. Regraded areas to be seeded and mulched as soon as it is feasible.

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
Findings: No lighting is proposed; not applicable.

Standard 7
X Met __ Not Met
Motion by SB
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.
Findings Financial letter provided by HSBC bank.

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.

Standard 9
X Met __ Not Met
Motion by DP
Seconded by BP
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.'

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: BP
Approved; 4-0


3.) CEO Report
• Paul informed the Board that he will be retiring from his position as CEO, LPI, BI in April of 2021.
• A brief discussion of the applicability of Site Plan Review to projects such as itinerant vendors, flea markets, and yard sale was presented by CEO Mitnik. The Town of Manchester’s provisions in their Land Use Ordinance was presented. In this town such project have separate standards and the CEO has the authority to enforce the standards. Paul recommended that separate standards be provided within the Site Plan Review Ordinance.
Adjourn 8:30 PM
Respectfully submitted Paul Mitnik, CEO, LPI, BI, AO