Limington Planning Board Minutes
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TOWN OF LIMINGTON
PLANNING BOARD MEETING
THURSDAY DECEMBER 28, 2000 AT 7:00 P.M.
LIMINGTON MUNICIPAL BUILDING

AGENDA

1.CALL TO ORDER

2.PUBLIC HEARING
    PROPOSED AMENDMENTS TO
    ZONING ORDINANCE

3.OLD BUSINESS

4.NEW BUSINESS

5.ADJOURNMENT


These minutes were approved at the February 8, 2001 Planning Board meeting with "dubic yards" changed to "cubic yards"


TOWN OF LIMINGTON

PLANNING BOARD MINUTES

The Planning Board meeting was called to order by Kreg Rose, Vice-Chairperson, on Thursday, December 28, 2000 at 7:15 P.M. at the Limington Municipal Building.

Regular members present: Kreg Rose, Vice-Chairperson; Stanley Blake, Jr.; Raymond Coffin; Diane Hubbard. Wendy Walker, Chairperson, arrived at 8:00 P.M.

Regular members absent: Chris Clark; Harold Jordan.

Alternate members present: Ron Perkins

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

The meeting was videotaped by Richard Jarrett.

The Public Hearing was opened to hear the proposed ordinance modification. Each modification was reviewed separately.

There were no changes to "Land Use and Dimensional Requirement Table Amendments" after review and discussion.

The next amendment was "Access to Lots." The original ordinance 7.1.B was to be added to the explanation of the amendment.

Richard Jarrett felt that the amendment would have a better chance of passing if a sentence was added stating the roads in the Resource Conservation District were exempted.

The first sentence of the proposed amendment was changed to read

"A private road that existed and is shown on the Town Street Map (911 Map dated ____), except roads located in the Resource Conservation District may be used to provide access to and street frontage for a residential lot upon certification by the Code Enforcement Officer (C.E.O.) that:

1. Based upon the recommendation of the Fire Chief and Road Commissioner that the road provides adequate all-season emergency access for the existing and proposed use, and

2. Legally binding arrangements exists to provide for the long-term maintenance of the road.


Planning Board Minutes
December 28, 2000 Meeting
Page 2
If the Code Enforcement Officer determines that the existing private road does not provide adequate all-season emergency access, the C.E.O. shall provide written improvement requirements to be made to the road to improve emergency access. The applicant shall be responsible for making the proposed improvements. No occupancy permit shall be issued until the road improvements are completed."
7.1.C NUMBER OF RESIDENCES SERVED BY WAY was changed as follows:
Feature12 or more
Roadway width12 feet16 feet
Minimum sub-base of heavy road gravel12 inches15 inches
Wearing surface of fine gravel2 inches2 inches
Maximum lengthNoneNone

Mike York and Daryl Hubbard questioned the proposed ten percent (10%) maximum grade slope. They didn't feel the Planning Board can set road grades. Mike York did not think the Board understood what it was dealing with.

Freeman Abbott said the purpose of the addition was to provide access now and in the future for the Fire and Rescue vehicles.

Nancy Bozenhard said we need to take issues on a case by case basis, you can't speculate.

Mike York said the Planning Board is going to require an engineer to come in and this costs money. This would discourage people from building in the Town.

Richard Jarrett said there is a reason for the slopes. The Comprehensive Plan requires it and the Zoning Ordinance has to follow it.

Mike York did not feel the Board was qualified to make these changes nor did he feel the Board should copy another town's ordinance.


Planning Board Minutes
December 28, 2000 Meeting
Page 3

Teri Hawkins defended the Board and said it would have been nice to have these People come to the previous meetings.

Richard Jarrett was concerned with putting a date in Section 7.1.B. He said it should be titled "Exempting from Standards." He felt that in 7.1.C the word Way should be defined. He said that if the Board is using the 911 map, it should be adopted as part of the amendment. The columns of Features were changed to 1 then 2 or more and the column of 3 or more was deleted.

Section 7.1.D was unchanged.

The Board took a ten minute break and upon returning Wendy Walker, Chairperson, assumed the chairmanship of the meeting.

Section 7.13.B.2 "Free Standing Signs in Commercial Zone" was reviewed.

Richard Jarrett felt there should be a maximum width set on business signs. He would like to maintain the rural appearance.

There were no changes to the section.

The "Mineral Extraction Amendment" was reviewed.

Mike York and Darryl Hubbard said that a more workable figure than one hundred (100) dubic [cubic] yards would be five hundred (500) cubic yards. The Board, after discussion, changed the figure to the five hundred (500) cubic yards.

Section 8.8.D.1 is to be titled "Exempt from Planning Board Permit. This new section will provide better documentation and many outstanding questions will be answered. The first paragraph was changed and will read:

"a. Removal of more than thirty (30) cubic yards in a twelve (12) month period requires a permit from the Code Enforcement Officer (CEO).

b. The removal of five hundred (500) cubic yards of topsoil, rock, sand, gravel or similar materials within a ninety (90) day period provided that such removal does not cumulatively disturb more than one (1) acre of land.

c. This limitation does not apply if the excavation is undertaken as part of an approved on-site construction project, is part of normal farm operations or the excavated material is moved to a contiguous site in the same ownership."

The "Wireless Telecommunications Facilities" was reviewed next.


Planning Board Minutes
December 28, 2000 Meeting
Page 4

Freeman Abbott said no one knows the cost to remove the facility.

Wendy Walker, Chairperson, said a Bond would provide funds to remove the abandoned facility, if necessary. She said it would be the applicants responsibility to provide the cost of removal of the facility. The applicant bears the burden of providing the Bond. There is no option until something else has been proven.

After a discussion of the height of the towers a section 5 was added to Section 8.19.A which reads, "Tower height shall be limited to one hundred ninety (190) feet."

Section 8.19.F will read, "If the owner of a site does not remove the facility within six (6) months of abandonment, the Town may enter the site and perform the work and place a lien on the property."

The "Miscellaneous" Section 8.20 was unchanged.

Section 2.2 "Definitions" was unchanged.

Wendy Walker motioned to recommend the Land Use and Dimensional Requirement Table Amendments be proposed by the Planning Board to the Selectpersons. Kreg Rose seconded the motion and it carried unanimously.

Wendy Walker motioned to recommend the Access to Lots Amendment with corrections be proposed by the Planning Board to the Selectpersons. Kreg Rose seconded the motion and it carried unanimously.

Wendy Walker motioned to recommend the Free Standing Signs in Commercial Zone Amendment be proposed by the Planning Board to the Selectpersons. Stanley Blake, Jr. seconded the motion and it carried unanimously.

Wendy Walker motioned to recommend the Mineral Extraction Amendment with corrections be proposed by the Planning Board to the Selectpersons. Kreg Rose seconded the motion and it carried unanimously.

Wendy Walker motioned to recommend the Wireless Telecommunications Facilities Amendment with corrections be proposed by the Planning Board to the Selectpersons. Kreg Rose seconded the motion and it carried unanimously.


Planning Board Minutes
December 28, 2000 Meeting
Page 5

Wendy Walker motioned to recommend the Miscellaneous Amendment be proposed by the Planning Board to the Selectpersons. The motion was seconded by Kreg Rose and carried unanimously.

Wendy Walker motioned to recommend the Definitions Amendment be proposed by the Planning Board to the Selectpersons. The motion was seconded by Kreg Rose and carried unanimously.

There being no further business, Kreg Rose made the following motion:

MOTION: To adjourn the December 28, 2000 meeting of the Planning Board.

The motion was seconded by Stanley Blake, Jr. and carried unanimously.

The meeting adjourned at 11:00 P.M.

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[These are draft minutes]

LAND USE AND DIMENSIONAL REQUIREMENT TABLE AMENDMENTS

SECTIONORIGINALPROPOSED CHANGE
6.2 LAND USE TABLE - NUMBER 16B
RCRURE/VC
Multi-Family DwellingNPBPBCO
RCRURE/VC
DUPLEXNCOCOCO
6.2 LAND USE TABLE - NUMBER 35A  
RCRURE/VC
Multi-Family Dwelling
three to four
NPBPBPB
6.2 LAND USE TABLE - NUMBER 35B  
RCRURE/VC
Wireless
Communication
Facilities
NPBPBPB
6.3.B
(Add to Note B)
Dimensional standards for commercial/industrial uses in the commercial district will be established on a case-by-case basis by the Limington Planning Board to achieve full effective use of the district area while assuring public convenience and safety and protecting valuable town resources. Under no circumstances shall a lot be less than 1.5 acres. In cases where the C.E.O. has the authority to issue a permit the setbacks may be approved by the C.E.O. as long as the setbacks are at least equal to those in the rural district.
6.3 Dimensional Requirements
(Change)
Lots and structures in all districts shall meet or exceed the following minimum requirements. Height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills or similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than its height. Lots and structures in all districts shall meet or exceed the following minimum requirements. Height requirements do not apply to flagpoles, chimneys, transmission towers, steeples, windmills or similar structures usually erected at a greater height than the principal building, however such accessory structures or appurtenances require a lot line setback distance of no less than 150% of it's height.


ACCESS TO LOTS

SECTIONORIGINALPROPOSED CHANGE
7.1.B
(Change)
No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private road unless an access road meeting the construction standards of Section 7.1A has been constructed. A private road that existed and is shown on the Town Street Map (911 map dated _____, except roads located in the Resource Conservation District, may be used to provide access to and street frontage for a residential lot upon certification by the Code Enforcement Officer (C.E.O.) that:
1. Based upon the recommendation of the Fire Chief and the Road Commissioner that the road provides adequate all-season emergency access for the existing and proposed use, and

2. Legally binding arrangements exist to provide for the long-term maintenance of the road.

If the Code Enforcement Officer determines that the existing private road does not provide adequate all-season emergency access, the C.E.O. shall provide written improvement requirements to be made to the road to improve emergency access. The applicant shall be responsible for making the proposed improvements. No occupancy permit shall be issued until the road improvements are completed.
7.1.C
(New)
  NUMBER OF RESIDENCES SERVED BY WAY
Feature12 or More
Roadway width12 feet16 feet
Minimum sub-base of heavy road gravel12 inches15 inches
Wearing surface of fine gravel2 inches2 inches
Maximum lengthNoneNone
Maximum grade15%15%
Minimum grade0.5%0.5%
TurnaroundHammerhead or THammerhead or T
Stormwater DrainageApproval of Road Commissioner
7.1.D
(Change and addition)
No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private road unless an access road meeting the construction standards of Section 7.1.A has been constructed. No building permit shall be issued to erect a new dwelling unless an access road meeting the construction standards above has been constructed and minimum road frontage standards are met (see Dimensional Requirements table 6.3).


FREE STANDING SIGNS IN COMMERCIAL ZONE

SECTIONORIGINALPROPOSED CHANGE
7.13.B.2
(Change B.2)
No free-standing signs shall be permitted Free-standing business signs shall be permitted in connection with any legal business or industry and shall meet the following requirements.
a.
Setback from the center of the road shall be a minimum of thirty-three (33) feet.
b.
A free-standing sign shall not impair a driver's normal sight distance.
c.
All signs shall be maintained in good condition and repair.
d.
Maximum height for business signs shall not exceed fifteen (15) feet.
e.
For individual business establishments a maximum of one (1) double sided sign shall be permitted. Total sign area for double sided sign (2 exposed faces) shall not exceed fifty (50) square feet, single sided sign (1 exposed face) shall not exceed twenty-five (25) square feet.
f.
For multi-establishment businesses, such as shopping centers or office complexes, a maximum of one (1) directory sign with the total of two exposed faces not to exceed seventy-five (75) square feet in size, plus one (1) identification sign for each business within the complex not to exceed twenty-four (24) square feet in size shall be permitted on the directory sign, with a maximum aggregate size of two hundred eighty-eight (288) square feet for directory signs.


MINERAL EXTRACTION AMENDMENT

SECTIONORIGINALPROPOSED CHANGE
Section 8.8.D.1
(Add)
Exempt from Planning Board Permit a. Removal of more than thirty (30) cubic yards of topsoil, rock, sand, gravel or similar materials within a twelve (12) month period requires a permit from the Code Enforcement Officer (CEO).

b. The removal of five hundred (500) cubic yards of topsoil, rock, sand, gravel or similar materials within a ninety (90) day period provided that such removal does not an cumulatively disturb more than one (1) acre.

c. The limitation does not apply if the excavation is undertaken as part of an approved on-site construction project, is part of normal farm operations or the excavated material is moved to a contiguous site in the same ownership.

Section 8.8.B.4.B
Submission Requirements
(Change)
Names and addresses of owners of abutting property. Names and addresses of all persons owning property abutting or within five hundred (500) feet of the subject property.
Section 8.8.B.5.
(Add)
  Site plan at a scale of not less than one (1) inch=one hundred (100) feet with the following information:
Section 8.8.B.5.a
(Add)
  Existing wells, rivers, brooks, streams, freshwater wetland and coastal wetland and depth of groundwater as determined by test borings, wells or pits.
Section 8.8.B.5.b   Existing site features such as fields, wooded areas, structures, roads, driveways and one permanent marker shall be set at one lot corner (includes a granite monument, a concrete marker, a metal pole or drill hole in ledge).
Section 8.8.B.5.c
(Add)
  Residences and wells within five hundred (500) feet of the subject property boundaries.
Section 8.8.B.5.d
(Add)
  Proposed buildings and structures and types and locations where equipment, materials or fuels are to be stored.
Section 8.8.B.5.e
(Add)
  Locations of proposed access and any roads to be constructed within the site and sight distances of intersections of the access road with a public road.
Section 8.8.B.5.f
(Add)
  Method of controlling access into the site.
Section 8.8.B.5.g
(Add)
  A spill prevention, control and countermeasures (SPCQ plan if any fuels or hazardous materials are to be stored or equipment refueling or oil changes are to take place on the subject property.
Section 8.8.B.5.h
(Add)
  Estimate of daily traffic to be generated.
Section 8.8.13.51
(Add)
  Plan for screening excavation from direct view from residences and public roads.
Section 8.8.B.5.j
(Add)
  Disposition of stumps and grubbings.
Section 8.8.C.14
Performance Standards
(Add)
  The following setbacks must be maintained between the excavation and a water supply in existence prior to the excavation:
1.Dug well or point-driven well200 feet
2.Well drilled into saturated bedrock100 feet
3.Public Water supply serving 500 or fewer persons300 feet
4.Public water supply serving more than 500 persons1,000 feet
Section 8.8.C.15
Performance Standards
(Add)
  Except for access roads and grubbed areas, all reclaimed and unreclaimed areas must be naturally internally drained unless the applicant prepares a stormwater management plan that demonstrates to the satisfaction of the Limington Planning Board that surface water discharges from areas that are not internally drained will not be increased as a result of storm water runoff from storms up to a level of intensity of a 25-year, 24-hour storm.
Section 8.8.C.16
Performance Standards
(This was number 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 the 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 hald 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 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 guarantee.


WIRELESS TELECOMMUNICATIONS FACILITIES

SECTIONORIGINALPROPOSED CHANGE
SECTION 8.19
Wireless Tele- communications Facilities
(Add Section)
  A. Design Criteria
The tower shall be a free-standing monopole design. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed unless the Board determines that a monopole is not suitable for the location and that the best interest of the Town will be served by the construction of a lattice style tower.
1.
Carrier Capacity:
Wireless telecommunications towers shall be designed to accommodate multiple carriers.
2.
The tower shall be designed to diminish visual impact.
3.
Fencing shall be provided to control access to wireless telecommunication facilities. There shall be no razor wire used, unless it is requested by the Town Fire Chief and/or local police authority.
4.
Lighting of towers shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies.
5.
Tower height shall be limited to one hundred ninety (190) feet.

B. Setbacks
The tower shall be set back from all property lines a distance equal to at least one hundred and fifty percent (150%) of its height.

C. Applications for wireless telecommunications facilities shall include engineering justification for the need, location and height.

D. Co-location

1.
Wherever possible, wireless telecommunications equipment installations shall be placed on existing monopoles, towers, tanks, roofs, signs, or other existing manmade or natural features to make the equipment inconspicuous.
2.
New facilities shall only be considered after a finding that existing or previously approved facilities cannot reasonably provide co-location of additional carriers at industry standard rates.

E. The Code Enforcement Officer shall notify the owner of an abandoned facility in writing and order the removal of the facility within ninety (90) days of receipt of the written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to demonstrate to the Code Enforcement Officer that the facility has not been abandoned.

F. Wireless telecommunications facilities which have been abandoned for a period of twelve ( 12) consecutive months shall be removed, If the owner of a site does not remove the facility within six (6) months of abandonment the Town may enter the site and perform the work and place a lien on the property.


MISCELLANEOUS

SECTIONORIGINALPROPOSED CHANGE
8.20 Miscellaneous
(Add)
  A, No travel trailer, recreational vehicle ("RV") or similar vehicle may be used as a dwelling unit for more than one hundred twenty (120) days in any twelve (12) month period.


DEFINITIONS

SECTIONORIGINALPROPOSED CHANGE
2.2 Definitions   ABUTTING PROPERTY: Property sharing a common boundary with or within two hundred fifty (250) feet of the property proposed for excavation, whether or not these properties are separated by a public or private way.
    ANTENNA: A device for transmitting and/or receiving electromagnetic waves, which is attached to a tower or other structure.
    CO-LOCATION: Locating wireless communications equipment from more than one provider on a single site.
    DAY: A day is defined as any part of a day.
    DRIVEWAY: A driveway is a vehicular access to one or two private lots.
    FREE-STANDING SIGN: A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer type signs.
    NATURALLY INTERNALLY DRAINED: Areas of a site that, as a result of predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials or runoff either crosses the property boundary or enters a river, brook, stream, great pond or freshwater or coastal wetland or other protected area. Areas that rely on man-made structures to maintain internal drainage are not considered naturally internally drained.
    PORTABLE SIGNS: A sign standing on, rather than fixed to, the ground, Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights with or without braces, including benches and A or sandwich boards.
2.2 Sign: A display surface, fabric or device containing organized and related elements (letters, pictures, products, or sculptures) composed to form a single unit, designed to convey information visually and which is exposed to public view. In cases where matter is displayed in a random or unconnected manner without an organized relationship, each such component shall constitute a sign. SIGN: Any structure, display, logo, device or representation which is designed or used to advertise or call attention to any item, business, activity or place and is visible from outside a building. It does not include the flag, pennant or insignia of any nation, state or town.
    SIGN AREA: Total sign area shall be the aggregate of all exposed faces.
    TEMPORARY SIGN: Any sign erected, affixed or maintained on a premises for a short, fixed period of time including portable and/or mobile signs such as sandwich boards and signs on trailers. For purposes of measuring length of time a temporary sign is displayed, use of a sign for any length of time in a twenty-four (24) hour period shall constitute a day.

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