6. CPRC Group, requests sketch plan review for 70 Pleasant Hill Road, Map R77, Lot 7

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1 REGULAR MEETING AGENDA Planning Board November 20, Call to Order (7:00 P. M.) 2. Roll Call 3. Approval of Minutes (October 30, 2017) 4. Rosewood Land Development, Inc., requests sketch plan review for Tucker Brook Subdivision, Payne Road, Map R49, Lot 2 5. Prompto Oil, Inc., requests sketch plan review for 318 US Route 1, Map U40, Lot 4 6. CPRC Group, requests sketch plan review for 70 Pleasant Hill Road, Map R77, Lot 7 7. V & E Enterprises, Inc., requests a site plan amendment, 148 Pleasant Hill Road, Map R78, Lot 45* 8. TFNUP, LLC, requests final site plan review for Foley s Fitness, LLC, 33 Haigis Parkway, Map R50, Lot 34E TABLED 9. Staff Report 10. Administrative Amendment Report 11. Correspondence 12. Planning Board Comments 13. Adjournment *Public comment will be allowed on this item. Page 1 of 7

2 Planning Board November 20, 2017 MINUTES Members Present Staff Mr. Fellows Mr. Chace, Town Planner Mr. McGee Ms. Blanchette, Town Engineer Ms. Saunders Mr. Torres, Assistant Town Planner Ms. Hendrickson Ms. Patterson, Recording Secretary Mr. Beeley Mr. DuPerre 1. Call to Order Mr. Fellows called the meeting to order at 7:00 PM. 2. Roll Call The recording secretary called the roll. Ms. Auglis was absent. Mr. Fellows stated in her absence, Ms. Hendrickson is a voting member. 3. Approval of Minutes (October 30, 2017) Mr. McGee made a motion to approve the September 18, 2017 minutes as presented; Mr. Fellows seconded the motion. Ms. Saunders read into record two changes she requested. Mr. McGee amended the motion to include Ms. Saunders changes; Mr. Fellows seconded the motion. Vote was unanimous 5-0. Mr. Fellows stated that item 8, TFNUP, LLC is tabled. 4. Rosewood Land Development, Inc., requests sketch plan review for Tucker Brook Subdivision, Payne Road, Map R49, Lot 2 Mr. Chace informed the Board that the application is before them for sketch plan review of a subdivision in the R-2. Mr. Chace stated this site is unique in that sanitary sewer connection is required in the R-2 and that the Board should look at whether or not the public sewer is located within a reasonable distance for connectivity. Mr. Chace stated that the site backups to the Heritage Acres neighborhood where there are known septic system issues. Mr. Chace stated that there is a stream that runs along the backside of lots 1-7 and the Board should be clear on understanding the setbacks and possible impacts. Mr. Chace stated that in a conservation subdivision the applicant should avoid wetland disturbance unless there is no other feasible or practical alternative. Shawn Frank with Sebago Technics is representing the applicant. Mr. Frank gave a quick overview of the site. Mr. Frank stated that the site is 21 acres and they are proposing 14 lots. Mr. Frank spoke to the configuration and access of Lot 8. Mr. Frank stated the sewer connection is approximately 3000 up Payne Road on Boney Grove Drive and pump stations and force mains would be necessary to connect to it, all while working within Payne Road. Mr. Frank stated they spent time on each site conducting test pits for suitable soils for septic systems. Mr. Frank stated that there will be a 900 access road with a hammerhead Page 2 of 7

3 at the end built to Town standards. Mr. Frank spoke to the 75 setback to the stream and possible no disturb buffers. Mr. Frank stated the applicant is willing to discuss options for the open space. Mr. Beeley stated he didn t feel the applicant should have to connect to the sewer system. Mr. Chace stated that at the inter department meeting the Sanitary District thought it was a long distance to try to connect too and that they wouldn t ask the applicant to try to. Mr. Beeley questioned if lot 8 driveway impacted any wetlands. Mr. Beeley questioned the driveway location to lot 8. Mr. McGee questioned where the sewer lines currently stop. Mr. Chace stated that they are in the area of Bonney Grove Drive. Mr. McGee stated that he didn t feel it should be totally the developer s burden to connect to the existing sewer. Mr. McGee asked why lot 8 couldn t be moved next to lot 7. Mr. Frank stated that they would like to utilize the area next to lot 7 for part of their stormwater management system. Mr. Chace made a clarifying point, that areas used for stormwater maintenance cannot be used towards the open space calculation. Ms. Saunders asked Mr. Chace to explain a conservation subdivision design. Mr. Chace stated that first wetland disturbance should be avoided and the ordinance speaks to three or four ways to utilize open space. Ms. Saunders asked Mr. Frank in what way would the open space be utilized. Mr. Frank stated it would be left in its natural state with no disturbance. Ms. Saunders questioned whether this met the intent of the conservation subdivision since the open space is not accessible. Ms. Saunders asked about the flows onsite. Mr. Frank stated it flows into Beaver Brook and the general flow will be towards the wetlands and tributary. Ms. Saunders emphasized the need to minimize impacts to wetland on site. Ms. Saunders stated that there is a tremendous opportunity for a partnership with the proposed subdivision and the existing Heritage Acres neighborhood for sanitary purposes since there is apparently record of failing / aging septic at the adjacent Heritage Acres. Ms. Saunders stated she understood there is a cost, however there is a cost to failing septic systems that could potentially affect the wetlands and sub sequentially the marsh. Mr. Frank stated they asked the Sanitary District if there was any future plans to extend the sewer lines down Payne Road, however at this time there is not. Mr. Frank explained that it would be difficult for his client to bear the burden of the expense to connect. Ms. Saunders stated that from what she heard the applicant is asking not to fully honor the 75 setback to the stream. Mr. Frank explained their position and stated they would be looking for some consideration. Ms. Saunders asked when the last wetland delineation was done. Mr. Frank stated in Ms. Saunders asked where the under drain filter system might be and questioned if it is the best system for such a challenging site. Mr. Frank agreed. Ms. Hendrickson stated the Town should look at Payne Road as more development is happening in this area and traffic will become heavier and whether or not sewer lines should be extended. Ms. Hendrickson did not feel the sewer line extension should be put on the developer. Ms. Hendrickson asked Mr. Frank where the septic system for lot 5 would be located on such a small building envelope. Mr. Frank stated in would be in the front yard. Mr. DuPerre asked what the approximate size of lot 5 is. Mr. Frank stated 4,000 to 4,500 square feet. Mr. DuPerre asked what the total wetlands on site were. Mr. Frank stated approximately 5 acres. Mr. Fellows stated that there are more challenging sites before the Board due to the limited availability of land in Scarborough. Mr. Fellows stated that he appreciated the effort to minimize impacts to the wetlands and to maintain as much contagious undisturbed wetlands as possible. Mr. Fellows was ok with septic Page 3 of 7

4 systems on site. Mr. Fellows stated more detail in needed on the stream setback and how the developer will ensure the boundary will be respected going forward. Joe Frustacia, the applicant asked Mr. Chace if he knew the number of failed septic systems within Heritage Acres. Mr. Chace stated he did not. Mr. Frustacia stated he uses the new plumbing standards and understands the standards have changed dramatically since he started building homes in the 1970 s. Mr. Frustacia stated he has installed many septic systems and not had any issues. Mr. Frustacia also stated the Town requires a 15 test pit which is higher than the State requirement and ensures the septic systems will be satisfactory and should not fail. Mr. McGee stated he envisions that the sewer will be extended down Payne Road in the future. Mr. McGee questioned how expensive it would be to run a sewer line down the proposed street for any future connectivity for when the sewer line is extended. Mr. Frank stated it isn t out of the question, however it could be put outside of the right of way at a future date, there are options there. Ms. Blanchette stated that she was going to suggest a low pressure force main in the right of way and if septic s fail, an E1 pump could easily be put in place with less impact. 5. Prompto Oil, Inc., requests sketch plan review for 318 US Route 1, Map U40, Lot 4 Mr. Chace informed the Board that this is an application for a Prompto Oil Change facility and if all the work is done within the facility by Town standards it is classified as retail sales and service. Mr. Chace stated the applicant is before them for a sketch plan review of the site which is located in the B-3 district with a portion of the property in the Stream Protection Overlay district. Mr. Chace noted Staff s comments on access in and out of Route 1 as well as landscaping and buffering along the Route 1 corridor. Kevin King with Prompto gave an overview of what services the company provides. Mr. King presented photos of existing locations to show what the proposed Prompto could look like. Mr. King informed the Board that currently there are 17 locations in Maine and the hours of operation will be 8 to 5:30. Shawn Frank with Sebago Technics is representing the applicant. Mr. Frank stated the Route 1 location would require a right in and right out only. Mr. Frank explained the proposed building set up and how the cars would queue up to access the building. Mr. Frank stated they will connect to the water lines and coordinate with the Sanitary District for sewer. Mr. Frank pointed out the Stream Protection area and explained that there would be some necessary clean up and erosion control measures put in place. Mr. Frank stated for the most part they have stayed out of the 75 stream setback with only a slight intrusion within the associated parking. Mr. Frank reviewed the stormwater management plan which included 3 to 4 catch basins within the paved area, an oil and water separator, and a stormwater system at the front of the site. Mr. Frank stated the overhead doors would be on the sides and spoke to the associated landscaping of the front of the building. Mr. Frank stated they are along the Route 1 corridor and understands the standards and guidelines associated with that. Mr. Frank stated the applicant is comfortable with adding a sidewalk up to the guardrail along Route 1 and the lighting will be building mounted fixtures. Mr. Frank informed the Board that they will work with the fire department on vehicle access. Page 4 of 7

5 Mr. DuPerre asked if there was a building on the site. Mr. Frank stated there is a very dilapidated structure on the site, however they will be removing it. Mr. DuPerre questioned the parking. Mr. King stated parking is intended for employees only. Ms. Hendrickson questioned if the dilapidated house had any historic value. Mr. Quirk, the property owner stated that the structure was moved there in 1967 or 1968 during the Route 1 widening and doesn t have any historic value. Ms. Hendrickson questioned the location of the parking at the front of building and stated that whenever possible parking should be in the rear or side of the building according to the standards. Ms. Hendrickson stated additional landscaping and buffering will be needed if parking remains where it is. Ms. Hendrickson questioned how the oil will be unloaded at the site. Mr. Fellows asked what the chain of custody is and for a brief explanation of how it works. Mr. King explained the unloading process and procedure used at the Prompto facilities. Ms. Saunders asked if the area where loading and unloading occurs near Mill Brook is curbed in the event there is a spill. Ms. Saunders asked for more details regarding the stream and its proximity to the loading and unloading area. Ms. Saunders stated she had concerns even with the 75 setback to the stream of the loading and unloading process without a curb or knee wall barrier in place. Ms. Saunders asked for clarification that no liquids were being put in the dumpster. Mr. King stated only cardboard and oil filters and that Clean Harbors will remove any waste oils. Mr. McGee questioned the queuing lines and asked how someone would get out of the line quickly in the event they had to leave. Mr. McGee questioned the dumpster enclosure area. Mr. Fellows stated the architecture looked promising. Mr. Fellows commented that additional information is needed on the 75 setback to the stream, knee wall / curbing, dumpster enclosure and landscaping. 6. CPRC Group, requests sketch plan review for 70 Pleasant Hill Road, Map R77, Lot 7 Mr. Chace stated that the property is before the Board for sketch plan review. Mr. Chace informed the Board that the site is currently used as a transfer station for yard bulk waste. Mr. Chace stated the applicant is proposing a 6 lot industrial subdivision that will be served by underground utilities. Darrin Stairs with Stantec is representing the applicant. Mr. Stairs informed the Board that they are proposing 6 industrial lots and the lots will be anywhere from 58,000 to 93,000 square feet. Mr. Stairs stated there will be two private roads that access the site, one off Glasgow Road and the other from Gibson Road. Mr. Stairs stated the site will need to be permitted through MaineDEP. Ms. Saunders asked if the transfer station is staying. Jim Hiltner, President of CPRC stated they had not had any conversations with the Town yet. Ms. Saunders applauded the efforts of the owner and architect for their under taking of the MaineDEP Voluntary Response Action Program (VRAP). Ms. Saunders asked if they will be sharing a sampling and monitoring plan of the soils that will be used as inert fill, with the Town and the Planning Board. Mr. Hiltner explained the materials process to the Board and stated that the materials used will be the finished product and vetted through the VRAP process. Ms. Saunders asked for the number of acres in the disturbed area. Mr. Stairs stated that the entire site is disturbed now, excluding the wetlands. Ms. Saunders commented she is very interested in what Page 5 of 7

6 stormwater features will be used at the site. Ms. Saunders spoke to the wetland impact and the possibility of them being mitigated by an in lieu fee. Ms. Saunders explained that those fees go to a state program and asked that they work with Staff to find a local program that those funds could be filtered to, possibly within the same watershed. Ms. Hendrickson noted a substantial amount of areas in green on the plans and asked if it was additional landscaping. Mr. Stairs stated yes. Mr. Fellows stated it is off to a promising start and will be interesting to see how it evolves. Mr. Fellows brought up Staff s comment on the VRAP program and asked for a brief overview be given for the Board. Mr. Stairs stated they would provide materials with the next submission. 7. V & E Enterprises, Inc., requests a site plan amendment, 148 Pleasant Hill Road, Map R78, Lot 45* Mr. Chace explained that the application is before them for a site plan amendment. Mr. Chace reminded the Board that the site was before them previously and approved for a building expansion for Cobble Hill Trailer. Mr. Chace stated a lot of the work has been done at the site, however there is a new tenant, Herc Enterprises. Mr. Chace stated that through discussion with the commercial code enforcement officer, it came about that there is will be fuel tanks brought on site which are not part of the original plans and approval. Mr. Chace stated it raised concerns because the site is within the aquifer protection district area. Mr. Chace stated that the applicant is looking to modify the plans by making the building in to middle, smaller and adding the fuel tanks. Mr. Chace stated that Staff has additional questions on how the applicant will meet the standards of the aquifer overlay district. Shawn Frank with Sebago Technics is representing the applicant. Mr. Frank stated that the environmental engineer for Herc Rentals was not able to be at the meeting. Mr. Frank gave an overview of the site. Mr. Frank went through what has been done in accordance with the approved plan. Mr. Frank stated the applicant has installed a fence around the perimeter and Knox boxes. Mr. Frank stated the fuel tanks will be for diesel and fuel for the rentals. Mr. Frank explained that the fuel tank island will be a concrete pad, surrounded by bollards, and two walled tanks above ground, with an overfill alarm system. Mr. Frank stated they have all their State and Federal permits and will be working with the Fire Department on their NFPA permits. Mr. Frank stated they are hopeful to receive conditional approval tonight. Mr. Fellows opened the public comment. There was no public comment. Mr. Fellows asked that the conditional draft motion be passed around to the Board members. Ms. Hendrickson stated she had concerns with the number of conditions and is not ready to vote on a draft motion. Ms. Saunders stated she is not inclined to support the motion tonight, largely because the 110% containment cannot be confirmed. Ms. Saunders pointed out that the SPCC plan should be renewed by a professional engineer every 5 years and the one supplied is older than that and should have annual updates. Ms. Saunders stated she needs more information and does not support the draft motion. Page 6 of 7

7 Mr. Fellows pointed out that without the applicant s environmental representative present to speak to some of the items and answer questions, he asked that additional information be provided for a future meeting. Mr. Fellows stated he is not prepared to put forth a motion. 8. TFNUP, LLC, requests final site plan review for Foley s Fitness, LLC, 33 Haigis Parkway, Map R50, Lot 34E This application is tabled for more information. 9. Staff Report Mr. Chace informed the Board that the December 11 th Planning Board meeting will be at the High School in the cafeteria. Mr. Chace stated that a workshop will be planned for before the meeting. Ms. Blanchette stated that there will be a public meeting December 13 th at the library, for input on finalizing Phase I of the Gorham Road project. 10. Administrative Amendment Report There was no administrative amendment report. 11. Correspondence There was no correspondences. 12. Planning Board Comments Mr. Fellows brought up the on street parking occurring at the Nonesuch Brewery site. Mr. Chace stated that the ordinance committee took it before the Town Council for 1 st reading, allowing parking to occur on the opposite side of the street from the restaurant. 13. Adjournment The meeting was adjourned at 9:20 P.M. Page 7 of 7