APPROVED 8/15/17

MINUTES

TOWN OF TOPSHAM

PLANNING BOARD MEETING

JUNE 6, 2017, 7:00 P.M.

MEMBERS PRESENT:Donald Spann

Ronald Bisson

Scott Libby

Tom Thompson

Bruce Van Note

MEMBERS ABSENT: Joshua Spooner

STAFF PRESENT:Carol Eyerman, AICP, AssistantTown Planner

1.CALL TO ORDER AND ROLL CALL

Chairman Spanncalled the regular meeting to order at 7:00 p.m. in the Donald A. Russell meeting room at 100 Main Street. The recording secretary took the roll call and noted that all members were present, except for Mr. Spooner who had been excused.

2.ELECTION OF CHAIR AND VICE CHAIR

Mr. Van Note nominated Donald Spann to serve as Chairman and Scott Libby to serve as Vice Chairman for the coming year. There were no other nominations heard and nominations ceased. Vote was called and Mr. Spann was elected to serve as Chairman and Mr. Libby to serve as Vice Chairman for the coming year.

3.APPROVAL OF THE MINUTES OF THE MAY 16, 2017 MEETING

Motion was made by Mr. Libby, seconded by Mr. Bisson, and it was

VOTED

To approve the minutes of the May 16, 2017 meeting as written. The vote was 4 in favor with 1 abstention (Mr. Van Note).

4.PUBLIC HEARING – SHORELAND ZONING PERMIT REVIEW – JESSICA NIXON HAS SUBMITTED A SHORELAND ZONING PERMIT APPLICATION TO START UP AND RUN TWO SMALL BUSINESSES IN HER HOME AT 1005 FORESIDE ROAD, TAX MAP R11, LOT 30B IN THE RESIDENTIAL R-3 ZONING DISTRICT

It was noted that this is before the Board for review of two home occupations at one residence, based on Article VI Zone Regulations 225-19 Shoreland Overlay District, Article VII 225-21 through 41 General Performance Standards, and Article VIII Home Occupations. The property is located at 1005 Foreside Road, identified by Tax Map R11, Lot 30B.

Ms. Nixon (applicant) was present at the meeting and told the Board she would like to operate an on-line e-commerce business and event planning business out of her home. Both businesses will be conducted entirely on line. There will be delivery of goods to be utilized in the making of baskets and the goods will be delivered using normal residential type delivery services. There will be no employees other than Ms. Nixon who is also owner of the property. Therefore, no additional parking will be needed.

The Public Hearing was declared open. There being no one from the public wishing to speak, the Public Hearing was declared closed.

The Board found the application to be complete and that the performance standards have been adequately met based on the fact that this is a residential home occupation where the homeowners are the business owners and both businesses will be conducted entirely on line.

Motion was made by Mr. Libby, seconded by Mr. Van Note, and it was unanimously (of those present)

VOTED

To approve the application to start up and run two small businesses at the residence at 1005 Foreside Road, Tax Map R11, Lot 30B in the Residential R-3 Zoning District, based on the Finding of Facts as laid out in the memo from the Assistant Planner Carol Eyerman dated May 31, 2017 and filed with these minutes noting that the application meets the various performance standards in the various ordinance sections referenced in said memo and meets the standard conditions of approval for a home occupation.

Before moving on to the next item on the agenda, Planner Eyerman suggested she talk with the Codes Officer to consider taking the necessary steps to amend the ordinance so small items such as the above case can be handled in the Planning Office and not have to come before the Planning Board. The Board was in agreement that this is a good idea.

5.PUBLIC HEARING – MSAD 75 HAS SUBMITTED A PROPOSED SITEPLANFORMT.ARARATHIGH SCHOOL TO ADD BASEBALL AND PRACTICE FIELDS WITH ASSOCIATED STORMWATER MANAGEMENT. TAX MAP R04, LOT 40K

This is before the Board for a site plan review amendment for parking, pedestrian pathways, baseball and practice fields located at Canam Drive, Tax Map R04, Lot 40K. The applicant is proposing to redevelop an existing site with parking, pedestrian pathways, baseball and practice fields. The parcel was previously developed by the U.S. Navy and was used as a recreation park.

Brad Smith, Superintendent of Schools for SAD 75, spoke to the application. Mr. Smith said the new high school project has received State approval and one of the first steps was to decide whether to build on a new site or renovate. A referendum to build a new high school received 82% positive vote.

Lindon Keck, Project Architect, spoke next saying they are asking for approval which will be the first of two site plan approvals - Phase I at this time - the development of a baseball field and hockey Field, approximately 12.5 acres. He said Doug Reynolds from Verrill Palmer, Civil Engineers was also present to deal with the technical aspects of the project.

Mr. Keck showed a presentation of the 113 acre campus, including the proposed new fields. The project is planned for the last parcel of land transferred from Midcoast Regional Redevelopment Authority (MRRA). The slide showed where the baseball and hockey field are located. Phase II is planned to come to the Board in late fall. It is hoped that work can be started right away so the fields will be ready for use in 2018. It was noted that 3 easements will be required for sanitary sewer and the other two are for storm drainage.

Doug Reynolds, from Verrill Palmer, reviewed the design plans for both fields with a video presentation. The baseball field will be of competition size, will have bleaches and a concession stand. The concession stand is approximately 100 sq. ft. and includes a media area. The booth is currently sitting on the existing high school field and will be moved to the proposed new field. A backstop fence will be placed behind 3rd base. A batting cage will be behind center field. A parking area to accommodate 20 vehicles is being considered to be constructed in the future, depending on private financing. Mr. Reynolds said the stormwater aspects of the project are currently being reviewed by DEP. An underdrain soil filter is included in the plans for the new field and parking lot and a forested buffer area to assist drainage. Electrical service to the media booth and scoreboard will be placed underground. Waivers will be requested for the architectural design of the concession stand and also for the landscaping for the proposed parking lot.

During discussion with the Board, concern was expressed about the proposed two handicapped spaces having to back out of the parking space over the sidewalk onto Canam Drive. The Board asked that the parking spaces be moved forward so the vehicles can turn and drive out onto Canam Drive. Mr. Reynolds said this request can be met. He also agreed to discuss the stone dust walk area with the Fire Chief to be sure it meets approval.

Mr. Van Note asked if the sewer is going through third base. Mr. Reynolds responded that it is. He said the existing sewer is owned by Short. It was noted that the sewer was built in the 1950’s and is privately owned at this time. The Topsham Sewer District strongly recommended that the sewer be replace. The Topsham Sewer District tried to run a camera through the sewer line but could not push the line through. The sewer line is approximately 8 to 15 feet deep. Mr. Van Note asked how the public will get to the game prior to the building of the parking lot. Mr. Reynolds said there is a path that leads directly to the field, approximately 600 feet. Mr. Libby asked what the site lines are for the two handicapped parking spots and suggest they be showed on the plans, along with a condition that the spaces be moved forward enough so handicapped drivers can turn around and drive out onto Canam Drive.

With no further comments to be heard, the Public Hearing was declared open. Speakers included:

Mark Ponziani, 11 Prospect Street – Mr. Ponziani said he was speaking as a Trustee of the Sewer District. He said the Sewer District had several meetings with SAD 75, with good negotiations and the Sewer District supports the application. Stu Kay and Kevin Obery from Wright-Pierce were also in attendance at the meetings and support the project. He said before the District takes over, they will need easements from the new owners.

Harold Sandlin, Owner of the CathanceTrailer Park – Mr. Sandlin said his business abuts the project. At one time he owned all that land and the U.S. Government “threw him off.” He said he has lived here all his life. Concerned that no one has addressed the pollution involved with the project which could contaminate the wells. There is lead paint and asbestos dumped under the ground. He asked who assumed the old shooting range which is part of the project. The neighbors are concerned about pollution and he can show anyone where the dumps were. They ran into the pollution during a past project and covered it quickly.

Mr. Keck responded and said when the original parcel was acquired from the Navy, it was approved for surface use only – things like athletic fields. Couldn’t dig foundations or build schools over it. When MIRRA took it over they did test wells. There is a small sliver of property, approximately 2 acres, which abuts Mr.Sandlin’s property which the Navy has agreed to address at a later time.

Mr. Reynolds - Regarding the dumps, the project has received a Voluntary Action Plan which has been approved by the DEP and as part of that there have been investigations showing two areas of concerns. The right corner of the softball field and one other hatchet shape piece. We have reviewed our design with the Navy last week and they assure us that most of the materials in the dump area are construction debris, sheetrock, buckets, and concrete. The contractor has a full set of notes on the plan stating if they encounter any of the debris, they are to call the Navy immediately. Any contamination on this site is the responsibility of the United States Navy. There are three water monitoring wells that are going to be maintained. The Navy will monitor the wells. The Navy has a representative with an office at the Brunswick base for immediate contact. Mr. Reynolds said they are well aware of the dumps.

Ms. Eyerman asked Mr. Reynolds what he meant by “When they (Navy) gets access to the area and why didn’t they have access at this time?

Mr. Smith–The skeet area also projects onto Mr. Sandlin’s property as well. They are waiting to get permission to do the complete area.

Mr. Thompson – What is keeping the Navy from taking care of this?

Mr. Reynolds – The materials that are they are not dangerous enough, so they don’t have to. However, the shooting range may have leads so they can’t convey it because it hasn’t been cleaned up.

Mr. Libby – Said is on the Restoration Advisory Board as Topsham’s representative. The Navy has been able to transfer the properties that they have been able to fully clean and document or transfer them for uses for economic development or recreational uses that are similar to this property whereby the contamination has been studied or monitored (said he has copies of the reports) and have been determined for EPA, DEP and the Brunswick Area Citizens for the Environment, which have meetings four times a year where the Navy comes and they go through these different programs. Most of the land has been conveyed. There are still some Super Fund sites on the Base still being dealt with by the Navy. As far as this property goes, most of it is from construction debris. Testing was done in 2014 or 2015 on the TOP 1 and 2 sites, part of this development. Much of the contamination is associated with asphalt at the two sites. The levels of contamination were not suitable for residential development, but suitable for athletic fields. The Navy has done sampling on the skeet range and Mr. Sandlin’s land that identified lead associated with shotgun shell pellets. Mr. Libby said he is not sure where that has progressed as far as the potential cleanup. He said his understanding with the Navy is that there are ongoing plans to clean up that area.

Harold Sandlin – There are no on-going plans or negotiations on cleaning this up. All they wanted to do was go in and make little paths and cut 4” trees down on our property and take a little soil out. When they started shooting in the 50th those pines were little. Now they are 50 or 60 feet tall. As far as the test wells go, the Navy doesn’t know anything about them. They have a few there but the real thing goes across the fields. Do you think they just stopped with dumping wood and asphalt? Everything was dumped…All the chemicals they used back then. How would any of you like to have this sitting next to you? Once this project goes through there will be nothing I can do. I don’t trust the Navy. All they want do to is get this land out of their name…………… I probably could resolve this. I tried to get public water put through the school at one time and they fought me tooth and nails. The Town Water is 120 feet from my property and I can’t get it. That would resolve my problem.

Mark Ponziani – When the Middle School was being built we discussed different issues. The rules and regulations were strict. But Sandlin got a sewer stub on that street. When the Middle School was built, Canam Drive was dug up and that was not an easy situation, what was coming out of the ground from the block house was bad.

With no further comments to be heard, the Public Hearing was declared closed.

Mr. Libby mentioned therewas a discrepancy on the plan. The area under the baseball field is actually “Top 1.” It is listed as “Top 2” on the old plan.

Harold Sandlin asked to be allowed to speak one more time and gave the Board some history relative to him hoping to be tied into the water at the school, but was not allowed to do so with the former people at the Water District. He is hoping perhaps the new crew might see things differently and asked Mr. Smith to check into the possibility of his hooking into the school water. Mr. Smith said he would take a look into the matter.

Motion was made by Mr. Libby, seconded by Mr. Bisson, and it was unanimously (of those present)

VOTED

To move that the site plan amendment from MSAD 75, Tax Map R04, Lot 40K be considered complete.

The Board was in agreement that a waiver for landscaping would not be necessary.

Motion was made by Mr. Van Note, seconded by Mr. Thompson, and it was unanimously (of those present)

VOTED

That a waiver be granted for the Architecture Design Requirements for the 100 sq. ft. media concession booth to be moved from the existing field to the new field.

Motion was made by Mr. Libby, seconded by Mr. Thompson, and it was unanimously (of those present)

VOTED

That the Site Plan Amendment for MSAD 75 is in compliance with the standards in the Site Plan Review Ordinance, Chapter 175, as set forth in the Findings of Fact on pages 4 through 8 in the memo to the Planning Board from Carol Eyerman dated June 1, 2017, with the standard conditions of approval and the following conditions 1 through 10:

1.There is an existing sewer line that runs through the northerly part of the site. Easements for both the sewer and drainage should be shown and labeled, with width and purpose, on the site plan. Sewer easements to be in place with the new owners.

2. An electrical conduit will be placed on the site to provide future power to the media/concession booth, and scoreboards. The ability to serve letter from CMP shall be given to the Planning Office when received by the applicant.

3.Prior to construction of the scoreboard, the applicant shall provide a plan showing the structure to the Planning Department for determination as to whether the structure would need review by the Planning Board.

4.Emergency personnel shall be consulted regarding the pathway as emergency access to the ballfield and written approval given to the Planning Office from the emergency personnel.

5.The Maine Department of Inland Fisheries and Wildlife has made recommendation in a letter dated October 14, 2015. These recommendations shall be followed.

6.The parking area shall be “screened from view by a continuous landscaped area not less than six feet in height when the larger parking lot is proposed [225-27A (4)].

7.A clear sight triangle shall be shown on the site plan with a narrative describing compliance with the site distance requirements along Canam Drive.