Limington Planning Board Minutes
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THURSDAY JULY 27, 2000 AT 7:00 P.M.






[Note: Off Route 25 behind Burning Rose Subdivision]

[Note: location on the Mill Turn Road]

[Note: full application is now available at Town Hall]




These minutes were approved at the August 10, 2000 Planning Board meeting with no changes.



The meeting was called to order by Wendy Walker, Chairperson, at 7:08 P.M. on Thursday, July 27, 2000 at the Limington Municipal Building.

Regular members present: Wendy Walker, Chairperson; Stanley Blake, Jr.; Chris Clark; Raymond Coffin; Diane Hubbard; Harold Jordan; Kreg Rose

Also attending the meeting: Priscilla Tucker, Secretary; Freeman Abbott, C.E.O.

The meeting was videotaped by Ms. Smith.

The first order of business was the approval of the Minutes of the July 13, 2000 meeting of the Planning Board.

Stanley Blake, Jr. made the following motion:

MOTION: To approve the Minutes of the July 13, 2000 meeting of the Planning Board.

Kreg Rose seconded the motion and it carried unanimously.

The next order of business was the election of the Vice-Chairperson. Diane Hubbard nominated Kreg Rose to serve as Vice-Chairperson. The motion was seconded by Stanley Blake, Jr. and carried unanimously. Kreg Rose accepted the nomination.

The application of Michael Hanson to build a single family house in the Resource Conservation District was discussed next. Wendy Walker reopened the application . She stated that the Selectmen had contacted the attorney and the Town was advised that Mr. Hanson's application should be approved and there should be no condition regarding the slope because the decision made by the Board of Appeals is binding as no action was taken within the thirty ('10) days after the decision.

Diane Hubbard made the following motion:

MOTION: To accept the application of Michael Hanson to build a single family house in the Resource Conservation District and to grant him a permit.

Harold Jordan seconded the motion. Stanley Blake, Jr. abstained from vote as he is related to the applicant. The remaining members voted to approve the motion.

Planning Board Minutes
July 27, 2000 Meeting
Page 2

The Chairperson advised the members that a Public Hearing must be held to hear the petition for enactment of ordinance entitled "Protection of Residential Properties from Mineral Extraction Industry Amendments. The Public Hearing is scheduled for August 10, 2000 at 7:00 P.M.

The Public Hearing on the application of Kirt Cochran to operate an organized recreational paintball course was opened.

Freeman Abbott, C.E.O. asked the applicant what he will be using for bathrooms. Mr. Cochran stated that he would be using Porta Potties. He anticipates that he will have four (4) Porta-Potties on the premises. Freeman Abbott stated that a copy of the contract for the four Porta-Potties should be included as a condition.

Richard Jarrett said that he and David Smith visited the shop in Standish. He found the people there to be very responsible. His concerns were the high impact of noise, shouting and the paintball markers which sounded like rapid fire and there was a horn to start and stop games. He did say that they were very strict about following the rules. Mr. Jarrett said that while the paintballs are biodegradable and non-toxic they should not be allowed near the streams. He was also speaking on behalf of the Francis Small Trust. He suggested a generous buffer area between the neighbors, about 500 feet to protect the neighbors from noise. He felt that the play areas should have a small fence showing the lines of the course. Further, he suggested that warning signs be posted and that the games stay away from the deer wintering area.

Mr. Cochran stated that the hours of operation will be from 9:00 A.M. to 4:00 or 5:00 P.M. as they do not play after dark. They will be open on Friday, Saturday and Sunday with no operation Monday through Thursday. There will be an occasional charity or fund raising game.

Lorraine Libby asked if they would be using the full 400 acres. Mr. Cochran stated that they will use ten (10) acre lots and they have used up to 48 or 50 acres.

Lorraine Libby further asked if there would be any permanent buildings. Mr. Cochran said that there are no permanent structures just use of brush, slats and pallets.

Lorraine Libby asked how many people they are anticipating to have in the course of a week? Mr. Cochran said that they anticipate between 75 and 100 people.

Jeff Long said that it would be very hard to say exactly how many people will be coming.

Planning Board Minutes
July 27, 2000 Meeting
Page 3

Lorraine Libby asked if there would be sufficient parking. Mr. Cochran answered that there was plenty of parking and showed the location on a picture he included in his application.

Michael York said that he did not want a greater buffer from his property which abuts the course.

Wanda Whitten asked how long paintball has been around and has it been studied? Jeff Long stated that paintball has been around for at least sixteen years and that studies have been done. The equipment has been found safe. The idea is to make a safe place for people to use for paintball and not try it in their backyard. Ms. Whitten asked about the impact on wildlife.

Mr. Cochran said that recently there was a program on PBS which came to the conclusion that there was no impact on wildlife. If there is an area we notice any wildlife we will move to another area.

The question was asked why they were moving from Standish. Mr. Cochran said that a parcel of the land they are using was sold so it shortened the course and did not offer much potential. They are now exploring new options.

Charlie Miller asked if they will be able to control the equipment because his car was hit by paintball and damaged the car paint.

Mr. Cochran stated that paintball is made of a jello type paint It could do damage to the paint on a vehicle. He said that they can track the paints they use by the person, color, etc. If there is any problem they will [Note: minutes corrected 8/10/00 to change "will" to "may"] be able to find the person. If you purchase supplies from Wal-Mart they do not have the tracking potential.

Freeman Abbott, C.E.O. wants a condition of approval that signs are placed that state there is no playing in the parking area.

Mr. Cochran explained the range of the paintball. A man asked the noise level. Mr. Cochran said that it would sound like a cap gun firing. The sound does not travel and the voices would be like those on a playground. The referees would be the loudest.

Stanley Blake, Jr. mentioned snowmobiles and the care of the operators. The course has very strict rules about stopping when they know there are others present. He asked about

Planning Board Minutes
July 27, 2000 Meeting
Page 4

the brook and was told that no one is allowed to shoot there. The land around the brook is not used but if it was there would be netting to keep out the paintballs.

Diane Hubbard asked what they plan to do about dust. Jeff Long said that they will spray water and calcium.

Mike York said that the applicants will, he feels, do anything to address the abutters concerns. They will be real good neighbors.

Wendy Walker asked if the road would hold up. Calvin Lewis, Road Commissioner, said that the road is not a Town road but is a private road.

Avis Mitchell asked what the applicant would do if some of the people went outside of the area with the equipment. Mr. Hinkle, a policeman, said that a list of people who participate in the paintball and use supplies is made. He said there was a case of vandalism involving Rogue Paintball [Note: minutes corrected 8/10/00 to add the word "customer" here] and the police were able to solve it using the information available through the tracking system.

Freeman Abbott asked what the record of injuries was. Mr. Cochran replied that they have had no injuries from the paintball just an ankle injury. They do have a medical protocol and they do have trained medical personnel. Freeman Abbott said that there might be the potential need for medical assistance. Mr. Cochran said that it was possible.

Richard Jarrett recommended that the Planning Board take a site walk and see what the site is like.

Wendy Walker, Chairperson, said the map needs to include the abutters, streams, etc. She also scheduled a site walk for Monday, July 31, 2000 at 6:30 at the Limington location. On August 6, 2000 Freeman Abbott and Stanley Blake, Jr. will do a site walk at the Standish site.

Nancy Bozenhart asked who could go on the site walks with the Planning Board. Wendy Walker said that she will check with the Town Attorney for clarification of attendees at the site walk because of the insurance issue.

The next order of business was the Dearborn Brothers Construction application for gravel Pit

Planning Board Minutes
July 27, 2000 Meeting
Page 5

The letter from the Inland Fisheries and Wildlife could find no problems in the area. A letter was received from Department of Environmental Protection and distributed to the Board regarding mineral extraction operations in the Shoreland Zone. The letter states that the shoreland zoning standards would allow for a mineral extraction operation to within 100 feet of the pond area.

Wendy Walker reviewed the concerns raised at the previous meeting.

The Standards Applicable to Conditional Use Section 9.8.G.1 were reviewed.

a. The use will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat. Received letters from Inland Fisheries and Wildlife and DEP stating their opinion that there was no problem at the site. Condition that the map indicate Shoreland Zoning.

b. The use will conserve shore cover and visual, as well as actual, access to water bodies. Meets requirements.

c. The use is consistent with the Comprehensive Plan. Meets requirements.

d. Traffic access to the site meets the standards contained in this ordinance; and traffic congestion has been addressed in accordance with performance standards in this ordinance. Meets requirements.

e. The site design is in conformance with all municipal flood hazard protection regulations. Meets requirements.

f Adequate provision for the disposal of all waste water and solid waste has been made. Meets requirements.

g. Adequate provision for the transportation, storage and disposal of any hazardous materials has been made. Not applicable.

h. A storm water drainage system capable of handling a 25-year storm without adverse impact on adjacent properties has been designed. Meets requirements.

i. Adequate provisions to control soil erosion and sedimentation have been made. Meets requirements with internal drainage.

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July 27, 2000 Meeting
Page 6

j. There is adequate water supply to meet the demands of the proposed use, and for fire protection purposes. Not applicable. Do not need water.

k. The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties, including public areas, from detrimental features of the development, such as noise, glare, fumes, dust, odor, adverse visual impact, and the like. The applicant will build up the buffers in front of the Larsen home. A condition will be to include the tree buffer along the old road.

1. All performance standards in this ordinance, applicable to the proposed use will be met. Must meet requirements.

m. The use will not result in unsafe or unhealthful conditions. There will be no more than 3 to 1 slope into the pit. A berm will be built up if State requires.

n. The use will not have an adverse impact on natural beauty, historic sites, or rare and irreplaceable natural areas. Meets requirements.

There was no necessity for item 9 13 on the Site plan regarding fuel tanks and buildings. The decision was made to strike the item #13 from the Site plan.

The Extractive Industry requirements 8.8 were then reviewed. There are no permits required at this time. Mr. Larsen, an abutter, spoke with Mark Stebbins who said that there were 7.7 acres reclaimed and open at the pit. If that were the fact then the pit would be grandfathered and wouldn't need to apply for a permit. The pit has been closed for over a year, therefore, needs to come before the Planning Board.

Ms. Smith said that she had talked with Will Everett and he said the permit is necessary from the State for the 100 acres. Mr. Rainey said that they cannot open all 100 acres. The State requirements must be followed. Ms. Cinnamon said that granting 100 acres will take the control out of the hands of the Town. Wendy Walker said the applicant must meet all of the conditions of approval. If there is a problem, the permit must be renewed each year by the C.E.O. and that will be the time that the permit can be revoked if necessary.

Charles Miller stated that it was his understanding that no pit can be operating with more than ten (10) acres open. Wendy Walker, Chairperson, said she would check with the Attorney.

Planning Board Minutes
July 27, 2000 Meeting
Page 7

8.8.B.2 Submission Requirements were discussed. There is no proposed fencing there will be a gate, there will be buffer strips, signs, lighting, parking, loading areas, exit and entrance. The hours of operation shall be idle time at 6:3 )0 A.M., 7:00 A.M. to 6:00 P.m. Monday through Friday and 8:00 A.M. to 2:00 P.M. on Saturday. There will be no operation on Sunday. These are consistent with the hours of other gravel operations in the Town. Ms. Smith said that the decision of hours should be on an individual basis not by precedence. Wendy Walker stated that the Comprehensive Plan and Zoning Ordinance must be followed in making decisions.

8.8.B.3 There should be no effect on the groundwater. No one on the Planning Board felt that it was necessary to require a hydrogeologic study.

8.8.2. a through g were completed. Section h regarding the water level on the road was discussed. Freeman Abbott felt that this area that is prone to flooding in the Spring should be marked on the map as a condition.

The Performance Standards 8.8.C were reviewed next.

1. No part of any extraction operation shall be permitted within 150 feet of any property or street line, except that drainage ways to reduce run-off into or from the extraction area may be allowed up to 100 feet of such line. Natural vegetation shall be left and maintained on the undisturbed land. Applicant will work to raise the road andprovide a buffer at the Larsen home.

2. If any standing water accumulates, the site shall be fenced in a manner adequate to keep children out. Measures shall be taken to prevent or halt the breeding of insects. Does not apply to proposed site.

3. No slopes steeper than 3 feet horizontal to I foot vertical shall be permitted at any extraction site unless a fence at least 6 feet is erected to limit access to such locations. The proposed berm will be high enough to meet requirements.

4. Before commencing removal of any earth materials, the owner or operator of the extraction site shall. present evidence to the Planning Board of adequate insurance with a company licensed to do business in the State of Maine, in an amount not less than $1,000,000. Against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation. The Planning Board will get confirmation of the insurance or the C.E.0. will before he grants the permit.

Planning Board Minutes
July 27, 2000 Meeting
Page 8

5. Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion, according to the erosion prevention performance standards of this section. This has been noted on the plan

6. Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer. Not applicable.

7. The sides and bottom of cuts, fills, channels, and artificial water courses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and bat according to the Maine Soil and Water Conservation Commission. Technical Guide, Standards and Specifications. Not applicable.

8. Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Maine Department of Marine Resources, the Department of Environmental Protection, and/or the Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board. Not applicable. No lagooning.

9. The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operational compatibility with nearby residences. The hours of operation shall be 6:30 A.M. idle time, 7:00 A .M. to 6:00 P.M. operation time. Once a month operation from 8:00 A.M. to 2:00 P.M. on Saturday. No operation on Sunday.

10. Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Road Commissioner. No mud, soil, sand, or other materials shall be allowed to accumulate on a public road from loading or hauling vehicles. The State laws will cover this.

11. All access/egress roads leading to or from the extraciton site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 300 feet from such public ways. Road will be treated with hot top for 100 feet from the public way and reclaimed for 200 feet.

12. No equipment debris, junk or other material shall be permitted on an extraction site. Any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations. There are no buildings on the site.

Planning Board Minutes
July 27, 2000 Meeting
Page 9

13. The applicant's plans shall specify a close out and rehabilitation plan. Rehabilitation should begin as soon as possible in accordance with the time limits established in the close out rehabilitation plan. A yearly report shall be filed with the Code Enforcement Office indicating the progress of the rehabilitation until the pit is closed and the rehabilitation, including all planting, has been completed.

If any substantial change is desired by the owner or operator to the close out/ rehabilitation plan, the plan shall be resubmitted to the Planning Board for review and action, because only the Planning Board is authorized to approve any substantial alteration to a conditional use permit. Substantial shall be defined in this context to included a change in the timetable of more than six months as set forth in the plan. Have complied.

a. All debris, stumps, boulders, and similar materials shall be removed or disposed of in an approved location or, in the case of inorganic materials, buried and covered with a minimum of two feet of soil. Addressed on the plan.

b. The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used. Not applicable.

C. Storm drainage and water courses shall leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point is not significantly increased. Not applicable.

d. At least four inches of topsoil or loam shall be retained or obtained to cover all disturbed areas, which shall be reseeded and property restored to a stable condition adequate to meet the provisions of the "Environmental Quality Handbook, Erosion and Sediment Control," as amended or revised, published by the Maine Soil and Water Conservation Commission. This is documented.

e. No slope greater than 3 feet horizontal to I foot vertical shall be permitted. This is documented.

14. Prior to beginning excavation on the site the applicant shall file with the town a bond payable to the Town with sureties satisfactory to the Planning Board, or some other form of security including, but not limited to, an escrow account, a security deposit, a passbook or letter of credit. In determining the amount of the bond or security, the Board shall take into consideration the characteristics of the site, the excavation plan, and the rehabilitation plan which may call for a phased plan for closing out each section of the pit as it is exhausted. In no instance shall the amount be less than 125% of the estimated cost of rehabilitation? All proceeds of forfeited bonds or other security shall be expended by the Town for reclamation of the area for which the security was posted, and any remainder shall be returned to the operator or owner.

Planning Board Minutes
July 27, 2000 Meeting
Page 10

if the operator has partially reclaimed the land, the Board shall issue to the operator a release of such securities as the Town has held on deposit to cover the part of the reclamation, so long as the remaining amount of security held by the Town is deemed sufficient to cover the cost of the remainder of the reclamation?

Within sixty days after the date of completion of reclamation provided in the mining plan, the operator shall file with the Planning Board a final report containing such information as shall be as shall be determined by the Board. Upon the filing of the final report, and upon determination that this article has been complied with, the Board shall release the securities, if any, still in the Town's possession.

If the owner of a site does not begin to rehabilitate the site within 6 months of when the reclamation plan schedules rehabilitation, or discontinues use of the site as defined herein without rehabilitating the site, the Town may enter the site, perform the work required to meet the rehabilitation plan, and place a lien on the property to collect any expenses it incurs for which it does not have performance guarantees. The Bond is computed as follows:

$1,500. Per acre x 10 acres= $15,000.
Section 8.8.C requires that that amount be multiplied by 125%
$15, 000. X 125% = $18,750.

E. Discontinuation of any existing Non-Conforming operation for a period of more than one year shall result in the loss of granffathered" status for that operation. Discontinuation is defined as being the excavation, processing or storage of less than ten (10) cubic yards of material. Not applicable.

A discussion of the road followed. Mr. Dearborn said that he had originally planned to pave the road but after discussions with residents he withdrew the offer. Calvin Lewis, Road Commissioner, said that the trucks would not change the road. There are potholes. Every Spring the road floods about 16 to 18 inches over the road? The road is then posted? Mr. Rainey suggested that Mr. Dearborn and the Town rebuild the road. Mr. Dearborn said that he is willing to build up the road and have the Town pave the road and put in culverts so that the people can get through in the Spring?

Calvin Lewis said that there were no funds available this year to work on this. He estimated the cost to run between $20,000 and $30,000. He said the road would have to be built up about three feet.

Wendy Walker, Chairperson, said that she would set a meeting up with the C.E.0., the Road Commissioner, Chairperson of Planning Board, Selectpersons and Dearborn Brothers Construction to discuss the rebuilding of the road.

Article VII, The Performance Standards-General Requirements were reviewed 7.1.A, Access to Lots, will include hot top of the 100 feet off the road and reclaiming of 200 feet. Will hold meeting with the above persons to discuss the road.

7.1.B Is not applicable.

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July 27, 2000 Meeting
Page 11

7.2, 7.3, 7.4, and 7.5 are not applicable.

7.6 Landscaping will be kept as natural as possible.

7.7 The noise concern has already been discussed.

7.8 Off-street parking is not applicable.

7.9 Refuse Disposal/Commercial-Industrial is not applicable.

7.10 Road Construction will be discussed after the meeting to be scheduled.

7.11 Sanitary Provisions is not applicable.

7.12 Setbacks and Screening will include buffer zones discussed.

7.13 Signs can be no larger than 2x3 feet.

7.14 Soils have been determined not to be severe.

7.15 Soil Erosion Control will be dealt with by internal drainage.

7.16 Storage of Materials not applicable. There will be no storage of materials

7.17. A - C Storm Water Management is not applicable.

The application will be placed on the August 10, 2000 agenda.

The Webster Mill Place application for multi-family housing was the next agenda item.

Richard Jarrett wished to protest that his petition for gravel pit amendment to the ordinance was filed a month ago and will not be on the agenda until the August 10, 2000 meeting but Webster Mill Place was just submitted and is now on the current agenda.

Wendy Walker, Chairperson, stated that the petition was just received from the Town Officials after the signatures were verified. Webster Mill Place application was received two weeks prior to this evenings meeting.

Planning Board Minutes
July 27, 2000 Meeting
Page 12

Tom Greer of Pinkham & Greer, Consulting Engineers gave a brief overview of the project. He said there would be twenty units in five buildings. The buildings are identical. There will be a community building. Overall the site is located on twenty-eight (28) acres. Access to the property is off Route 25 and there is a six to seven hundred foot site distance. They are proposing to develop five (5) acres of the twenty-eight (28) acres. The remaining land will be wooded. There will be a community well and on site septic. The parking spaces are according to the Ordinance. There will be a total of thirty-eight spaces in two parking areas. They have met the road requirements and prepared an erosion control plan? They will be applying for the DEP storm water permit later. The traffic generated will not be a problem according to a study.

The application was reviewed for completeness. Diane Hubbard noted that this is a major sub-division and not a minor. Richard Jarrett said that the sub-division could not be classified major or minor until the site walk.

A site walk is scheduled for August 15, 2000 at 6:00 P.M. The members will meet at the site. The Public Hearing will be scheduled to be held on August 24, 2000.

Diane Hubbard made the following motion:

MOTION: To adjourn the July 27,2000 meeting of the Planning Board.

The motion was seconded by Kreg Rose and carried unanimously.

The meeting adjourned at 10:45 P.M.

Francis Small Heritage Trust, Inc.
P.O. Box 414, Limerick, Maine 04048 - (207) 637-3510 -

July 27, 2000

Limington Planning Board
PO Box 240
Limington, ME 04049

Dear Planning Board Members:

You have before you an application for an "Organized Recreational Paintball Course" from Kirt Cochran of Rogue Paintball on 400 acres of land owned by Verne Blake off of Route 25 and the Town Farm Road. This land abuts property of the Trust which is being used for wildlife habitat and is open for public enjoyment. Please consider these comments as you review his application.

As a concerned neighbor, I met with Kirt and several people from Rogue Paintball on both Saturday and Sunday of last week. I would like to say from the outset that Mr. Cochran runs a very professional operation. Rogue Paintball was extremely cooperative and spent a great deal of time with me going over concerns. Mr. Cochran is very attentive to safety and appears to monitor his large number of customers with great care. I also sat in for a brief time on a class for referees and again I was impressed with many of the positive lessons that were being taught. I honestly believe that Mr. Cochran will try to be a good neighbor.

However, no matter how carefully the operation is managed, by the very nature of the use, the operation will have a very high impact on the land, the wildlife, and the surrounding property. The major concerns are:

This consists of shouting, the sound of rapid-fire projectiles, and signal horns. The automobile traffic entering the site may also be a concern.

The paintball projectiles travel at up to 300 feet per second (a little over 200 miles per hour). While the participants are required to wear eye, ear, and mouth protection, a person wandering through the woods is afforded no such defense. A snowmobile path also crosses the property.

The paintballs themselves are considered biodegradable and are constructed out of a gelatin shell with a non-toxic water-based paint. However, any contaminant introduced in large enough quantities can have a detrimental effect on the environment. With the potential of hundreds of thousands of these paint balls introduced each weekend, great care must be taken in keeping them out of the surface waters. No one would consider it acceptable to dump paint into a stream even if the paint is water based. It is also unclear what the effect on animal life will be. Both pets and wildlife may be tempted to consume the unbroken balls.

Wildlife Habitat:
This area is part of a mapped significant deer wintering area. (See the Limington Comprehensive Plan). Use of this area, especially in the wintertime when the deer are most vulnerable, may disturb and drive away the wildlife.
In addition Back Brook, which has been recognized as one of the two best salmon breeding streams in Maine, runs through this property.

The following are suggested conditions that the Planning Board might consider to address these problems.

Establish Buffer Zones:
A generous buffer zone should be established between any playing area and neighboring properties. A suggested distance should be 500 feet but in no case should be less than the maximum range of a paintball projectile. The same buffer zones should be maintained around streams and wetlands.

Establish a physical barrier:
A mesh fence slightly off of the ground at edge of playing areas would be reasonable. The barrier should be highly visible to the players. With this large area, it will be much more difficult for referees to monitor the entire zone. Even with the smaller field in Standish, some players would wander out of the bounds of the course.

Place warning signs on the borders of the property to alert hikers in the woods who might accidentally enter the property.

Wildlife Habitat:
Place use restrictions, especially during the winter, near the mapped wildlife areas, including the deer yards.

Thank you very much for your consideration. Finally, I would like to suggest that the only way the Board members can get a realistic idea as to the impact that this proposal will have would be to view the existing Standish facility (behind the Car Quest store on Route 25) in operation during one of the Sunday organized games.

Dick Jarrett
Dick Jarrett (for the Trust)

State of Maine STATE OF MAINE

July 18, 2000

Rene Perron
Dearborn Construction
999 Narragansett Trail
Buxton, Maine 04093

Re: Mineral Extraction Operations in the Shoreland Zone

Dear Rene:

I am writing to provide my comments regarding the Town of Limington shoreland zoning provisions as they apply to your proposed gravel pit operation adjacent to Boyd Pond in Limington. I understand that the area that you wish to develop is part of an old gravel pit operation that is greater than 5 acres in size.

In reviewing the ordinance and zoning map (including the Supplemental Shoreland Zoning Map adopted for the town by DEP) I find that there are wetlands on the north and south ends of Boyd Pond which are zoned for Resource Conservation. There also appears to be a small Resource Conservation area on the east side of the pond adjacent to the gravel pit area. I note that in the shoreland zone, mineral extraction is permitted after obtaining a permit from the planning board (see 6.4.7 Table of Land Uses). An exception is for areas that are designated as Resource Conservation due to wildlife habitat. I believe this is the case for the wetlands at the north and south ends of the pond. However, the small area of Resource Conservation on the east side of the pond is not due to wildlife habitat. Therefore, I believe the shoreland zoning standards would allow for a mineral extraction operation to within 100 feet of the pond in that area.

Please note however, that Section 6.3 Land Use Table - General, prohibits mineral extraction in the Resource Conservation District. Furthermore, Section 6.4.3 states that "The Shoreland Zone shall overlay the existing districts created by this ordinance, and its terms shall supercede any requirements of said underlying districts, unless the underlying requirements are more restrictive than those set forth here, in which case the more restrictive shall govern". Thus, the ordinance could be interpreted as prohibiting any mineral extraction in a Resource Conservation district.

Regarding the construction of an access road to the pit area, a new road could be created in a Resource Conservation district if the planning board determines that there is no other reasonable alternative. If the planning board allows the new road to be created, it should require it to be as far from the pond and wetland as possible.

If you have further questions you can reach me at 287-7730.

Sincerely, Richard P. Baker
Richard P. Baker
Shoreland Zoning Coordinator

Cc: Limington Planning Board

AUGUSTA, MAINE 04333-0017
(207) 287-7688
207) 941-4570 FAX; (207) 941-4564
(207) 822-6300 FAX: (207) 822-6303
(207) 764-0477 FAX: (207) 764-1507

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