Planning Board -05 /15/2019
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next up is acceptance of the agenda motion Oh move discussion on this we're gonna move things around because Kyle can you tell the board about what the council recently adopted around this month it's Ramadan and the council has enacted kind of policy for meetings this month that all meetings will finish by sundown so that's at 7:56 this evening so we can get through as much as we can get through and then something needs to be tabled for next month we can take a motion to so given that we need to make sure that the folks that are here this evening they're going to be moved up see is going to be first up and then we'll shift a and beat down so we are going to hear the riverside estates project first agenda all right given that all those in favor of the amended agenda very good next up approval of the minutes of December 19 2018 we have a motion so moved second very good any edits Corrections I look briefly I did not have a chance to go through them thoroughly in the comments hearing none all those in favor very good flying right along next up new business again we're going to start with the amendment to a November 16 2016 approved subdivision plan titled Riverside estates located on Union Street tax map 31 - - lot 1/4 mm truck sales Inc the proposed amendment is to provide the adequate frontage for the parcel of land labelled additional land on the original plan at the end of Union Street for the proposed use of a single family home so I have the applicant step up and be hidden by the screen there you could just tell us who you are and what you proposed I'm Maury they're from M&M truck sales and we're proposing an amendment to the subdivision plan for Riverview estates to allow a single-family home to be built on the additional land at the end of Union Street it's about 27 acres we've added or eventually can add 75 feet of road frontage on Union Street to make it a conforming lot very good thank you seems like a relatively simple project but yeah I guess you can say there and now before we open up a public hearing this evening Kyle you just give us you provided a written summary could you just hit the high spots there right so the original subdivision was the 8 Lots on Main Street the end of 2016 and then there were two kind of Lots next to that that weren't part of the subdivision or called remaining land and additional land and there was a condition put on the approval of the original subdivision that at the time of that subdivision no sidewalk was being put in place but because of the scale of the project at the time and the public works director thought that it wasn't worth the maintenance and dealing with that infrastructure or something of that scale so a condition was put in place that any future development of the remaining land or additional land would come back to the Planning Board to see if it warranted having that sidewalk put in place so I called it an amended subdivision but that was really for a lack of a better term it was really based on this condition that any development would trigger going back to the Planning Board on these two parcels though as mr. Thayer stated you know really the idea was to take 75 feet from the remaining land and give it to the additional land to give it the adequate frontage of bus injuring 25 feet so that that lot would be a legally conforming lot and able for a single-family home to be permissible use I also spoke with rob Dirac so the public works director to see if you know we thought the addition of a single-family home warranted that need for that infrastructure now and he still thought the same as he did then it doesn't really add a sizable enough scale to warrant the construction of a sidewalk for that section put in the recommendations at the end that you know should future development come did a lot in a more impactful subdivision that it would have to come back to the Planning Board again and be reviewed just like the original so just so I'm following along and that was my question I was looking over that what level would require the sidewalk so if the remaining land and then the additional land if those were developed then Rob would so it's really I mean it was left they no definitive amount of development was said that's what's going to trigger the sidewalk I 'mentally would just be a decision you know a recommendation by staff and then the decision made by the Planning Board but in the minutes of that original discussion you know it did use the terms I think your sizable development or development of scale or something to indicate a larger subdivision not just the single-family home but this was also for the Lots a long long Union Street as well so yeah so maybe I don't know if the remaining land but if they touch the remaining land or the additional land they'll have to come back here again well not the additional win because that just has a single house but the remaining land if they carved that up then right and there would potentially be enough land the additional land is a large enough parcel they could put a single family home there and then eventually down the line extend the road not that any of that is it's alright no we're just looking at yeah yeah so just that that original condition remains that even if a single family home has agreed upon now if any future development on those two parcels that's all I wanted to make sure for our walkability purposes that that you'd have to come back again and we'd revisit that all right before I open up the public hearing any other questions from the applicant there's not a lot to this all right thank you I'm gonna open up the public hearing and invite anybody who may have just walked in and we're just reviewing a subdivision amendment so if anybody from the audience I would like to step up and speak in favor or against the please state your name yeah Jamie Comstock I live at one Brook Street in or now so I didn't get to see the presentation but my concern is that this could be an attempt first of all are we talking about the subdivision request in on Union Street innovation okay so my concern actually is that this could be an attempt to incrementally get this neighborhood to absorb more development than it has the infrastructural capacity to absorb so we approve date homes now I'm coming back I'm going to ask for another one next year I'll come back and I'll ask for another one I that's my concern I don't know how many amendments can be can be approved over what amount of time most of the neighborhood showed up the last time the plan was brought forth I think that you remember some of the concerns there are 40 homes down there currently one way in one way out of the neighborhood so egress and access is is a concern to all of us down there so they're good yeah this is just one single family home they added the frontage so that remaining lot so I think I can take a stab at your question yeah yeah yeah if they were gonna expend any more they've got to come back before us okay you might be notified as a butters right now we're just considering the additional frontage at the end so they're taking a little bit off just to create enough frontage so they can actually put a house on on the remaining land at the end of that street so that would mean that the turnaround they're like right right where the turnaround currently is I don't think the turnaround changes as as far as I know so it's not proposed but I put a condition on the approval that the turnaround would be left the lot line would be changed to kind of divide that turnaround between two different parcels but the turnaround itself would still remain so right now there wasn't enough frontage there's the dead end of that street which is you know 50 feet so they don't have the 125 they needed so that's 75 okay it's on that front end but the turnaround on the 75 face yep stays the same okay but it allows them to put a single family on the lot at the end is this a picture of this right here nope nope okay we do have I mean there's an application packet but yep yeah if you wanna yeah if I could take a look at it that would be great right now an answer to your question the infrastructure all right we need to have you up at the mic we this is a public hearing so an answer to your question just I think just before you walked in that the summary of the project the public works director has weighed in saying that the infrastructure so there was discussion of a sidewalk and pedestrian safety great and that's that's still on the table eventually his opinion or the town was that the addition of the single-family home still does not warrant it doesn't meet that the scale in his opinion to missus necessitate that sidewalk okay so that's the infrastructure that was the only comment that we received from town staff but that's that's our public works director yes we went over the last project you know we've got a single-family house so it's nothing has really changed all that significantly and and he weighed in that that's part of our consideration that see me sure yeah I was just wanting to voice my concern that you know again in 18 months 24 months I'll be back here saying great we have another house proposed so I just wanted to get that on the radar so you'll be noted notified isn't a butter yeah if anything comes down the pike again and where is this house going to be um no idea we don't need to review this all right okay thank you good thank you any other comments those so I'm gonna leave the public hearing open for a little bit longer so any discussion from the board I think the the concerns have been addressed I wanted to hear what Rob said and he had comment in the application I'd I couldn't come up with anything else at this point all right last call for public comment would would you like to make another public comment before I close the public hearing you may so I in the list of recommendations I would add one recommendation that I didn't put in there I kind of thought of after the fact they indicated as a condition that a building permit would only be issued for one single-family home through the enforcement office if you decide to approve tonight that would leave you for one single family home okay building permit will only be issued for one single family home I see Lisa writing down any good to go there good I got to close the public hearing further comment oh all right I think we're ready for proposed findings of fact first to cover that before we in any motions all right I'm gonna read into the record these are proposed findings of fact that we're gonna consider for this project again proposed findings of fact for the Riverside Estates subdivision mmm truck sales Inc amended subdivision review dated May 15 2019 pursuant to article 7 section 18 - 210 and a condition of approval of the 2016 approved Riverside Estates subdivision the Arnold Planning Board is considered the application of mmm truck sales Inc fermented subdivision approval so to provide the LOC called additional land with seventy-five feet of additional frontage in the medium density residential district and it determine whether or not the construction of a sidewalk and the subdivision is needed based on all evidence presented by the applicant reviewing agency's town departments and the public the Planning Board has found the following number one Lots that the minimum dimensions are met for the lot called additional land in the medium density residential district and that the lot is buildable with appropriate lot sizes sidelines lot frontages shapes and suitable locations for driveway access there any issues with that hearing none number two streets traffic and pedestrians and parking that the construction of one single-family home does not constitute significant development and the decision made on the original subdivision application by the Planning Board to delay the construction of a sidewalk should be continued and upheld until a until a time in a future that the remaining land or additional land is developed further any issues with that all right with those read in the record I think we're ready for a motion who wants it least I saw you writing your up so it's been so long I'm not sure I remember how to do this all right I move that we we vote on the proposed finding affects the river status seat subdivision mmm truck sales Inc the amended subdivision review may 15 2009 teen and then do I read these recommendations in there yes yes please okay with the additional recommendations number one all conditions of the original approved subdivision plan River State estates shall remain specifically quote if such remaining or additional land is developed in the future and the or no Planning Board determined such infrastructure to be necessary to serve this subject subdivision as well as the new development no permit shall be issued for such remaining or additional land until the Planning Board has made its determination number two the area on the amended subdivision plan marked temporary turnaround easement shall remain in place and the eastman stay in force even with a change in lot line number three the amended subdivision plan must be recorded at the Penobscot County Registry of Deeds within 90 days of the date of approval and number four building permit um will be only be issued for one single family home very good I think that covers it thank you Lisa very good so we have a motion only in a second no actually we're we're all set which is ready for the vote I didn't yeah look we'll get ready for the vote what second all right there we go motion we have a second further discussion hearing none all those in tape it is unanimous all right next up we're moving on to a proposed land use ordinance amendment to section 18 - 145 Wireless to mr. telecommunications facilities to recognize certain types of wireless telecommunications facilities such as antennas can be placed inside of existing and enclosed structure should be considered as an accessory use that seemed like a lot of housekeeping to me is that that correct maybe some wishes [Music] and tenants have gotten and are now able to go inside of existing structures structures can use that as a way to write out some space that they're not otherwise using so that's one aspect another aspect is the section has this list of exemptions that don't have to you know go through the site plan process but according to the way this was worded before if you look at number five in the crossed out section antennas as accessory uses you know residential homes with satellite dishes should be getting a permit for their TV dish as an accessory structure which doesn't really seem like a relevant thing this damage also anyone with a wireless router would be an antenna you know technically those aren't even allowed by the language and really those couple things are just bringing it kind of up to represent modern time some technology and also to allow the antennas as long as they're in an existing enclosed structure he just considered an accessory use instead of having to go through the full site plan process which that section was more so geared when it was created to the standalone structures of a large scale that have a really trusted aesthetic kind of impact on a community yeah a lot of the standards in that section are geared towards and of masking them and not taking away the character of the neighborhood so for those that are completely enclosed that's not really the same sort of issue and probably shouldn't be reviewed in the same kind of makes sense very good so tonight we have a public hearing to the Planning Board so now it's up to the Planning Board to make a recommendation don't potentially send it back to Council for their public area very good I'm gonna open up the public hearing and invite all of the attendees to step up to the mic please state your name so I guess we'll have discussion from the board then unless Dave you want to weigh in okay all right just just checking all right discussion from the board you know it seems fairly straightforward I'm surprised that a router would wouldn't catch somebody up so that they were in violation of our lanius ordinance but I mean if it's housekeeping and this covers us then yeah I think it was just the definition was created probably before something like that and I'm assuming their ordinance templates way so all of the exemptions this covers us from for the next five years maybe we're clearly taking from somewhere else as I was looking through so the you know ones that created were similar as any any further discussion and you need to make a recommendation to the council can I just ask one question that I was confused about you said these things could be inside somebody's home and so therefore that you could use that home for another purpose or something i if you look at number five it's an antenna licensed by the Federal Communications Commission that is an accessory used to a commercial or institutional house so it wouldn't go in someone's home the the ones geared towards residential nature are number six and seven doubler you know TV internet type i have technologies number five is geared towards a lot of churches or other type of institutional buildings with kind of odd shapes that have spaces in them that aren't really used for the most part they can rent out those spaces or antennas to go inside and kind of create a better service for people in the area and also it's money back for renting out this piece and also it keeps you know the standalone structures from needing to be placed around the community because get more of this thank you sort of a shift in the way that technology is worth but it would only be in commercial or institutional all right thank you it would be no different than the days of two-way radios like a repeater remember the repeaters that uses a crank the distance on to a radio repeater repeater sends it to the next exactly yeah the larger scale ones I think are still the main part but then you have these smaller scale ones along the way to kind of bridge the gaps that's my under other questions good you know close the public hearing and I guess recommendation to the board I mean just a general agreement that we approve of language that you provided remember all right so can I have a motion aye I move that we approve the amendment to land-use ordinance entitled wireless telecommunications facilities that's efficient probably a little bit more detailed you just want to read that there okay the purpose of this ordinance amendment is to recognize that there's been a change in the technology regarding wireless telecommunication facilities and therefore section 18 - 145 of the land use ordinance which deals with the standards for these facilities should be updated to better represent current practices perfect right we have a motion come a second second all those in favor very good moving on we're flying now last public hearing we have an amendment to a November 16th oh I'm sorry they proposed Lenise ordinance amendment that would add a new section 18 - 151 temporary markets to recognize temporary markets is a land-use that brings value to the community as well as implement standards to prevent any negative impacts on areas surrounding temporary markets again Kyle your if you could review your your summary for us sure so this term temporary markets would include all type of outside markets farmers markets flea markets there was a you know set up with tents selling artwork or something like that but the idea is that these temporary markets don't have a specific use in our table of land uses so if someone comes in and wants to do something like this we have to permit it as the next closest thing so a farmers market needs to be permitted as a retail store or something but the standards for a permanent structure are different than what the standard should be for something that's temporary and maybe only happens once a week for a few months out of the year so this is acknowledging that these temporary markets are a use that currently exists in ordinal and exist well but could also be something that happens more so in the future if new markets of any type wanted to come in and operate and while I think the town has had good experience with the farmer's market and you know other markets in town they are still a land use in the sense that they bring in traffic and you know they have a lot of the other impacts that more permanent land uses have so there should be some guiding standards to look at when those come in but they should be more specialized and geared towards the temporary nature of those markets and they shouldn't have to abide by same standards that you know a more permanent structure has to abide by thank you again I'm gonna open up the public hearing invite the same people to step up to the mic I'll leave it open no discussion from the board I did have one question because I know that current farmers market has that nice sign across from the steam plant on the university side so I was thinking to that because it you know I read through and said no remnant of the temporary market shall remain at the location after the hours of operations so that's deviation from that and I mean it's a nice-lookin sign but it's a permanent marker and then they have the temporary signs that they put at the intersection there and a couple other areas but right so any existing market would be essentially grandfathered in so that would be a part of that for the farmers market but yeah I mean I guess going forward with future markets if someone came in and wanted to put up a similar side and it's nice I we go to the market a ton and I see John Beckett there I think every weekend we go but you know that that sign looks nice and a you know that's a permanent structure so I was wondering whether the limitations of this would prevent that you know not that we have a ton of markets coming in here but yeah oh I think of as are you avoiding Searsport flea markets out there basically right the objective is to not have any tables or if something's having on consecutive days not to have things left out overnight that the take down has to happen on an it without field baking spray his flea marketing would have to come back instead it right right I could explore you know the idea of signage kind of being something considered differently that's you know just using the current farmers market is the example because they have the permanent sign so not that we need to dye them to do deeply there but that that sign looks pretty nice when people you know it's advertised all through the week so if you're driving down College Ave and it alerts you that there's a Tuesday market or a Saturday market than great I don't know anybody have any I mean completely with your point and it gives the community useful information as to when they can go to the farmers market it benefits the community so I'm wondering so if if we left it as is then somebody wanted a sign they would have to come before the Planning Board you know it no not that not that there would be another market I just thought of that sign so I'm just wondering if somebody else came in wanted a permanent sign as written they'd have to come back to us so right now the distinction the way I every is that any temporary market would be a permit if it's was under 15,000 square feet in sales area and over 15,000 square feet you would come to the Planning Board so yeah I'm wondering I'm just thinking to whether you could add because I played I look for it and I didn't see the signage piece if they you know maybe in addition to that that may be on a staff level that signage could be approved I don't want it to waste the board's time just to come in and prove a sign but maybe you you folks could could sort that out for us so we don't have to think about it just come up with some text and if the board wants to move forward with this for the council just add something about signage using thinking of the farmers market as an example right for them to consider yeah I did I couldn't come up with anything else though I have one item yep and I guess what I managed to find something about plants okay product and services we have item double I prohibited products expressly prohibited our live animals invasive terrestrial plants and then we go on to weapons and fireworks I think we should strike terrestrial remove that because sometimes people are selling aquatic plants and those can be invasive as well and if we say invasive terrestrial plants that almost says that a invasive aquatic plants are okay yeah that's a good point other additions comment said it seemed like a good idea to me [Applause] all right last call for public hearing public hearings close all right any further discussion I think we're ready for a motion with the changes that that we've suggested I know you'll help me though I move that we accept the proposed amendment to or no land use ordinance to implement standards for temporary markets do you want me to read the legislative intention to that no I was just sometimes it just you kind of reread the agenda item a lot of times that has enough information and also it is with you sheet but we need anything more do we keep it that simple um you want me to read the gist agenda part yeah okay a proposed land use ordinance amendment that would allow that would add a new section 18 - 151 temporary markets to recognize temporary markets as a land use that brings value to the community as well as implement standards to prevent any negative impacts on areas surrounding temporary markets did you want me to add what we're just with the discussed challenges I think that what they discuss changes we good very good thank you Lisa we have a motion in a second further discussion all those in favor all right Kyle I think you have time all right let's do it No well if we have questions for you as we go the presentation and acquits all right they'll given us a few minutes after the storm water a bit I think it's yeah do your thing and then we'll fill out the paper into the back view of extra chests Oh case we get run out [Music] going to turn that off just so that's my video plays really softly all right so this replication is for our president requirement for general permit so what kind of Giri this is the funny word definitely velopment times period towards going over some besiege stormwater overview but also applying first video we made before it wouldn't hurt to have people hear what you have to say or I mean that's can people see the screen if you move that either way whatever [Music] don't trip on this no no trip anybody can you hear that yeah I couldn't hear well the main points are that you know your your waste litter long-hair inter cried way basically the stormwater runoff catchers any sort of materials left behind and more impervious surface there is the faster than ralph is going to go and the mortar of the liver and the more of the I need harsh chemicals it's going to pick up and training to the both sewer system metal bug arrays so using some of the recommendations are [Music] it is on our website and store one of the flipside yes so if you wanted to watch more of the video on the basketball kind of tip says for you know how the better ball and how the better wash your car so just a an overview an MS for and it's for stands for a municipal separate storm sewer system the the state DEP comprises this general permit for the MS floors and it's you know the permit basically authorizes the municipalities to discharge stormwater to waters of the state other than ground water just going to water pollution control of the permit is a five-year permit although currently we are beyond our five years pretty soon that were near six know the permits been in a little bit of but traditionally five years and you know you have to abide I kind of knew new metrics each year and you know continually improve on what you're doing as a municipality to deal with storm water through different three different areas one of those is the general permit requires permit needs to develop a stormwater program management plan to reduce eliminate stormwater runoff so towns create this plan to address you know stormwater runoff in their communities part of that plan you have the six minimum control measures they're called and that's the basis of a community's stormwater management plan one is the public outreach and education which is part of why we're doing this year it's to educate kind of town employees and staff and elected officials on stormwater and why it's an important issue and why it needs to be addressed you know to public involvement and participation participation you know things like the stream stream we are fall under that illicit discharge detection and elimination construction site stormwater runoff control so you know what we have inspections going on on construction players you know part of that is monitoring dead you know erosion control measures are in place so sediments aren't going into our waterways that shouldn't be the cleanup is this weekend Saturday post-construction stormwater management and then pollution prevention good housekeeping for municipal operations so you know these six you know control measures are really just metrics and then the community is able to kind of implement whatever methods they see fit kind of address each one so low-impact development refers to systems and practices that use were made commercial processes that result in the infiltration evapotranspiration or use of stormwater in order to protect water quality so there are really two ways to address stormwater if you have more impervious cover and you're creating a lot of engineered systems and man-made systems to address it and those generally you know comment a cost and you know create more infrastructure or you know there's been this kind of trend of going towards low-impact development techniques where you kind of build in the stormwater and of dealing with that issue into the development itself so we'll go over a few different examples of you know approaches and techniques but really low impact development is an approach to land development that works with nature to manage stormwater as opposed to trying to control the nature or overcome something so I mean think of putting in a giant paved parking lot you've put in this piece of infrastructure but then you need to put in another piece of infrastructure to manage all the small orders versus if you just used a different type of material for the parking lot and address the stormwater and the parking all in one that's been you know can also be referred to as green infrastructure and low-impact development principles include preserving natural landscape features minimizing impervious surfaces and creating site drainage that treats storm water as a resource rather than a waste product so just running through in three examples here one green garden slash bioretention facility they're kind of the same idea but on different scale rain gardens are usually smaller our attention facilities are larger more technical yeah you know one example of this in town is outside the Penobscot Valley dermatology they use that as part of managing their storm water there it's usually shallow constructed depression deep-rooted native plants and strategically located in areas where training is going to capture as much runoff as possible you know the soil and the vegetation allows to filter some of the pollutants that the runoff is carryin recharges groundwater and reduces flooding potential as well as creating a habitat for area second permeable pavement it's a porous surface that can catch surface runoff so as opposed to using you know traditional asphalt or things like parking lots or driveways you know the pavement itself is allowing the water to kind of run through and filter down slowly and dispersed into the deer as opposed to you know having large amounts of water rushing by you know can also be a lot of the same principles where it's reducing the concentration of some pollutants you know one of the big things with some of these Li D techniques is that they have a higher initial cost so they're they seem unattractive to people and developers because it's more of an upfront cost but kind of as I mentioned before you're building you know if you use permeable pavement as an example you're building one piece of infrastructure as opposed to multiple if you work building say parking lot and then I met that you capture the stormwater you're you know you could just build a parking lot and have it captures store harder right there and less one you know vegetated roof and green roofs you know where you have vegetation on top of residential buildings commercial buildings bus stops which I think it's interesting as our regional transportation group is looking at installing more bus stops look you're interesting to potentially look at you know you water stored by the underlying layer then taken up by the plants and then returned to the atmosphere reduces until a storm or two run off just as the other kind of previous techniques do retain 70 to 90 percent of precipitation in the summer and 25 to 40 percent in winter and reduce it you know aside from the kind of storm water effects apiece there are other aspects as well that are beneficial you know for this it reduces the urban heat island effect which you you know the more downtown aspects of a community where there's more pavement and more buildings that can be useful and improves their quality by capturing some airborne pollutants as well as the runoff so that's something good for myself and the Planning Board to remind us as we see development come in we don't have anything specifically in ordinances that say LED has to be but it could be something to keep in mind as we talked about the code level right there was a lot of discussion encouraging that the green rooms to happen in Maine there's one down in the Hannaford and Augusta or by the old high school right over there so there's successful examples in me not a lot of them I think there's a new proposed green roof down and Portland newer development down there and remember with the Avenue they had an enormous section of pervious pavement so they ended up switching up that design and recalls and do tree box filters place that but we almost had one of the biggest pervious pavement projects in the whole area which I was looking forward to it but next time oh and I the disc golf course you're just gonna see more and more of this though so wait at the future everybody filled out their their tests all right Thank You Kyle that was great yeah the video is kind of cool we watched another version they'll show this last time yeah if that one is a whiteboard video the same marketing that's helping the Southie did a real good job yeah maybe just just why don't you that'd be good idea so people can hear very good next up on our agendas discussion hearing none just quickie summary and next month you repeat what we have on tap so there will be a slight ordinance amendment for vernal pools it was we got our final partially delegated authority through DEP so there was just a couple conditions minor changes that were made to the ordinance so that's in through council committee and they referred it to the Planning Board so that'll be for next month the the Orono paddlers group is been you know looking at putting a storage for their canoes and kayaks on at brownies Beach so that might be ready for June so just a quick question because we are about done if nothing else comes before the board are we gonna have a meeting just for the vernal pool ordinance or can we stock up and push that back I'm just asking not sure that it'd be worth our time coming in for that right it's very small I did I want to run by Evan to see if it was something that needed to get done by a specific day if there was no deadline I would say it could probably wait but if there is a you know some if you put some condition on that had to be please don't cause in here for just one item if you couldn't stack them up like today this just be nice to us if you can if we don't have any many items yeah very good thank you last up you gotta be out of here on time adjournment have a motion hold a good second second all those in favor why is that we needed to finish it [Music]