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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.