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04/02/2001 Planning Board Minutes
Town of Gorham
PLANNING BOARD
April 2, 2001
AGENDA MINUTES

LOCATION:       Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine

Members Present:                        Staff Present:
HAROLD GRANT, Chairman          DEBORAH FOSSUM, Dir. of Planning & Zoning
CLARK NEILY, Vice-Chair         AARON SHIELDS, Asst. Town Planner
DOUGLAS BOYCE                   NATALIE BURNS, Esq., Town Attorney
N.A. MARTIN                             ESTHER PELLETIER, Acting Clerk of the Board
RICHARD SHIERS
MICHAEL PARKER
SUSAN ROBIE

Chairman Grant called the meeting to order at 7: 05 PM and introduced the Agenda.  There were approximately 30 members of the public present.  Mr. Grant introduced the two new Board members, Michael Parker and Susan Robie.

Douglas Boyce MOVED and Clark Neily SECONDED a motion to suspend the agenda temporarily in order to elect new officers of the Board.

The Acting Clerk called the roll, noting all were present.  Ms. Pelletier asked for nominations for the position of Planning Board Chairman.

Douglas Boyce MOVED and Clark Neily SECONDED a motion to elect Harold Grant Chairman.  MOTION CARRIED 6-0-1 (Grant abstained).

The Chairman asked for nominations for the positions of Planning Board Vice- Chairman.  

Douglas Boyce MOVED and N. A. Martin SECONDED a motion to elect Clark Neily Vice-Chairman.  MOTION CARRIED 6-0-1 (Neily abstained)


1.      APPROVAL OF MINUTES: MARCH 12 and MARCH 19, 2001.

Clark Neily MOVED and Richard Shiers SECONDED a motion to accept the minutes of the March 12th meeting as printed.  MOTION CARRIED 4-0-3 (Boyce, Parker and Robie abstained).  

Clark Neily MOVED and Douglas Boyce SECONDED a motion to accept the minutes of the March 19th meeting as printed.  MOTION CARRIED 5-0-2 (Parker and Robie abstained).
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2.      SITE PLAN / SPECIAL EXCEPTION - BAXTER MEMORIAL LIBRARY EXPANSION - TOWN OF GORHAM - 71 SOUTH STREET
PUBLIC HEARING (cont.)
Request for approval of a site plan for a 10,000 SF building addition and parking lot for Baxter Memorial library. Zoned Urban Residential. (Map 106/Lot 47)

The Chairman asked the two new Board members if they had a chance to review the application and felt comfortable participating in this agenda item.  Mr. Parker indicated that he wished to abstain from acting on this item.  Mrs. Robie stated that she has spent considerable time reviewing this request and would be able to make an informed decision.

MOVED by Douglas Boyce and SECONDED by Clark Neily to allow Mr. Parker to abstain.  MOTION CARRIED 6-0-1 (Parker abstained).

Lyndon Keck, Principal of PDT Architects, distributed to the Board a letter from Cavanaugh Tocci Assoc. related to mechanical units and how decibel readings will impact the abutter on the north.  Mr. Keck described the addition to the library as a quiet understated conservatory, referencing the square footage, mass, ridgeline, new entrance, lighted courtyard, and tiered retaining wall.  Mr. Keck stated that the parking lot has been revised to include a 95' diameter turnaround and drop-off with five handicapped/drop-off parking spaces.  Mr. Keck referred to a traffic report prepared by DeLuca Hoffman showing that the project impact would be negligible during peak p.m. traffic hours on South St., noting that the report also determined a need for 13-23 off-street parking spaces.  Mr. Keck stated that demolition of the old bus garage will provide for additional parking as well as a green esplanade as part of Phase I of the master plan for Shaw School.  He added that the Town has worked with heirs of the Baxter Estate on this plan.  Mr. Keck stated that the Maine Historic Preservation Commission gave its approval on Feb. 7, encouraging the Town to provide substantial screening along the fence for the abutter to the north.  Mr. Keck indicated that the landscape plan has been revised, using recommendations from the abutter, to include 3 birch, 7 Canadian hemlock, 7 more Norway spruce, and 7 lilac, as well as keeping the existing fence on Town owned land.  Mr. Keck stated that to reduce noise level, small commercial condensing units will be installed in a split system surrounded by a 5' wooden fence and backed with 4' of solid plywood, keeping the noise at 43 Dba at the abutter's home.

Thomas Greer referred to the overall site/boundary plan for Town owned land surrounding the 39-acre site under review.  Mr. Greer reviewed changes to the parking plan, and noted other aspects of the plan, including drainage, pedestrian access, landscape buffers, lighting on timers, and vehicular access.  Mr. Greer stated that a letter is anticipated from the Town regarding right, title & interest.

The Town Planner stated that the application is complete per Town Code standards.  Ms. Fossum stated that after meeting with the Town Manager and the Baxter heirs, the Town Attorney has provided a letter stating that the Town has sufficient right, title and interest.  Ms. Fossum then reviewed her agenda notes, commenting on the traffic report, relocation of the crosswalk, 3 access entrances, parking spaces based on seating capacity and staff needs, drainage, landscaping, lighting, and removal of the bus garage.  Ms. Fossum advised the Board to review the 6 special exception standards outlined in her memo.

PUBLIC COMMENT PERIOD OPENED
Linda Frinsko, President of the Baxter Library Board of Trustees, spoke as a representative of the Trustees, as well as on behalf of the Library Steering and Building Committees.  Ms. Frinsko stated that all members are proud of the architectural plans and of the effort put forth to raise funds for the expansion/renovation.  Ms. Frinsko invited the approximately dozen or so representatives of these committees in attendance to stand, showing their support for this project.
PUBLIC COMMENT PERIOD CLOSED

Mr. Martin asked Mr. Greer some questions about the light well, turnabout parking, and sidewalk.  Mr. Boyce asked Mr. Greer about space for maintenance vehicles near the oil separator, and about the solid fencing recommended by the acoustical engineer.  The Board agreed to vote on the 6 Special Exception standards all in one motion.

Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant the Town of Gorham's request for approval of the expansion of a Special Exception Use to allow the construction of a 10,000 sq. ft. addition to the Baxter Memorial Library and associated site improvements.  MOTION CARRIED 6-0-1 (Parker abstained).

Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant approval of the proposed site plan for a 10,000 sq. ft. expansion to the Baxter Memorial Library and associated site improvements, with conditions of approval as posted prior to the meeting and discussed with the applicant.  MOTION CARRIED 6-0-1 (Parker abstained).  [7:50 PM]
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3.      SITE PLAN /SPECIAL EXCEPTION / SUBDIVISION AMENDMENT w/PRIVATE WAY -WORSHIP FACILITY & DAY CARE CENTER - GREATER GRACE BIBLE CHURCH - off DEERING ROAD
PUBLIC HEARING
Request for approval for a site plan for a 9,800 SF church and day care center and private way serving a single residential lot on 39.6 acres. Zoned Rural/Manufactured Housing. (Map 14/Lot 6.001).

Thomas Greer, P.E., represented the applicant.  Pastor Robert White and the Church's Business Manager were also present.  Mr. Greer presented a brief overview of the site, subdivision and private way plans.  Mr. Greer explained that the parking area will be constructed in two phases, the first phase providing parking for 66 vehicles, with 51 additional parking spaces in the field.  Mr. Greer noted that the septic system will be monitored by a water meter to make sure the 1900 gallon/day parameter is met.  Mr. Greer described other aspects of the plan, including underground utilities, a drilled well, a series of 1% ditches, fire pond, detention basin, landscaping, buffering, and lighting on timers.  Mr. Greer said that tree cutting and construction of the church itself is expected to begin May 15.  Mr. Greer noted that the sight distance is adequate, adding that the applicant is willing to install a 12" culvert instead of an 8" culvert when constructing the private way if preferred by staff and the Board.

Mr. Grant asked Mr. Greer to explain the request for a traffic study waiver.  Mr. Greer responded that after reviewing the ITE traffic manual, it was determined that the day care, which is limited to 35 children, and the church, which creates additional traffic primarily on Sunday mornings, would not generate over 100 trips per day.  Mr. Parker asked about the location of the swale area and the location of the leach bed.  Mr. Greer responded that the septic system will be on the best glacial outwash soils on the property, 300' from the Stroudwater River and 100' to the swale.  Mr. Greer also addressed Mr. Neily's concerns about the force main running across the swale.  Mr. Martin stated that he still had concerns about the new traffic on Deering Road as a result of the daycare, and waiving the requirement for a traffic study.  Mr. Greer replied that the daycare will facilitate a maximum of 35 kids and 2-3 supervisors, creating at most 70 trips in a peak hour, and more likely 35-45 trips, adding that the Town requires a traffic study for an anticipated 100+ trips /hr.  

Aaron Shields stated that the applicant has met all the application requirements for site plan, private way and special exception approvals.  Mr. Shields went over items for discussion in the agenda memo, including compliancy with the Rural Land Management Calculations, the daily operations menu, the benefits of a water meter to provide data on septic system use should the applicant ever apply to expand, the traffic waiver, building plans, landscaping, fire pond, and requests for Special Exception approvals.

PUBLIC COMMENT PERIOD: No comments offered.

Mr. Parker expressed concern about the safety of a 10' deep unfenced fire pond near the day-care center.  Mr. Greer replied that a fence hinders emergency vehicle access and makes it more difficult to monitor movement around the pond.  Mr. Greer noted that there will be a 1' deep shelf running around the inside perimeter as a safety precaution.  He added that the church would like to use the fire pond as a skating rink and would rather leave fencing as an option at this time.  Mr. Shields also pointed out that the daycare will be required to fence all outdoor play areas.  Mr. Boyce stated reservations about not shielding the entryway light and lit sign.  Mr. Greer answered that the lights will only be used in the evenings during functions, and the building / sign lights will be turned off when leaving or by timer no later than 10 p.m.  Replying to Mr. Martin, Mr. Greer replied that septic tanks will be setback 300' from the wells.

Douglas Boyce MOVED and Michael Parker SECONDED a motion to grant the Greater Grace Bible Church's request for a Special Exception to construct and operate a Church with a Day Care Center located on Deering Road, zoned Rural. MOTION CARRIED 7-0.

Douglas Boyce MOVED and Michael Parker SECONDED a motion to grant the applicant's request for a waiver from the submission requirement of a traffic study.  MOTION CARRIED 6-1-0 (Martin against)

Douglas Boyce MOVED and Clark Neily SECONDED a motion to grant approval of the Amended Subdivision Plan of Land of Roland Hale, and to allow Greater Grace Bible Church to divide off one lot from the original parcel.  MOTION CARRIED 7-0.

Douglas Boyce MOVED and N.A. Martin SECONDED a motion to grant approval of the site plan for the proposed 4,400 SF and 5,400 SF church facilities and associated site improvements with conditions of approval as posted prior to the meeting and discussed with the applicant.  MOTION CARRIED 7-0.

Douglas Boyce MOVED and N.A. Martin SECONDED a motion to grant Greater Grace Bible Church's request for approval of a private way, with conditions of approval as posted prior to the meeting and discussed with the applicant.  MOTION CARRIED 7-0.   [8:30 PM]

Stretch Break 8:30 to 8:45 P.M.

4.      SITE PLAN / SPECIAL EXCEPTION - WORSHIP FACILITY - UNITED METHODIST CHURCH - off CRESSEY ROAD & OSSIPEE TRAIL (RTE. 25)
PUBLIC HEARING
Request for approval of a site plan for a 14,300 SF church off Cressey Road and Ossipee Trail. Zoned Urban Residential. (Map 41/Lot 10).

Steve Doe, Landscape Engineer and Project Manager from Sebago Technics, presented the plan.  Kyle Wormwood, the Church's Building Committee Chairman, accompanied him. Highlights of the conceptual plans described by Mr. Doe included:  an entrance off Cressey Road with a looped drop-off; parking for 107 cars; an on-site septic system in the upper southern corner; overhead power running off Rt. 25 along the tree line; an extension of the public water main down Flaggy Meadow and Cressey Roads to the driveway and up to the building; and 12' high, 100-250 watt lighted poles.  Mr. Doe requested a waiver from a traffic study, noting that while church membership stands at 344 parishioners, the 10:30 a.m. Sunday service is typically attended by 80-90 members, representing approximately 40-45 cars.  Mr. Doe also added that there will be no other regular use of the property (such as a daycare center), except for the occasional evening meeting.

Mr. Neily indicated his concerns with overhead utilities, saying that it would be safer to stay out of the trees and that the cost to go underground is often competitive with overhead quotes.  Mr. Doe replied that the applicant is already investing a substantial amount to extend the water main, and that the distance needed to install utilities underground would be a financial burden to the applicant.  Mr. Grant asked the applicant to investigate the comparative cost further.  Mr. Neily also expressed his concern about the sight distance to the right for a vehicle turning from Cressey Road onto Rt. 25.  Mr. Neily suggested the possibility of a traffic light for use on Sunday mornings.  Mr. Grant noted that the Board will be able to further access the situation on a site walk.  In response to Mr. Parker, Mr. Doe stated that all abutters were being contacted to determine the location of their wells.  Mr. Parker asked if the abutters would be obligated to tie into public water once the water main runs past their property.  Mr. Doe noted that one abutter has indicated that he would like to tie into the main.   Mr. Shields responded that the residents of Cressey Road would be under no obligation to tie in and that the Portland Water District would rather stub off later.  Mr. Doe answered Mr. Martin by saying that yes, public water does run the length of Flaggy Meadow Road to the intersection with Cressey Road.

Mr. Shields identified the traffic and intersection issues as his primary concerns.  Mr. Martin asked if the 3rd passing lane on Rt. 25 ends at the Cressey Road intersection.  Mr. Shields said that its ending is very close to that location and the 60 mph+ speed in the passing lane makes it an especially dangerous intersection.  Mr. Shields expressed his appreciation of the "traditional" style church building design, adding that the applicant should submit more information concerning the exterior surface.  Mr. Shields also requested a lighting plan showing the impact on surrounding areas.  The Asst. Planner pointed out that Note 25 on the plan refers to future expansion, and noted that the applicant seeks a waiver from the traffic study. Mr. Grant asked the Board if it would like to make any decisions about the waiver or special exception requests before the site walk.  The general consensus was to make these decisions after the site walk.

PUBLIC COMMENT PERIOD OPENED
Kyle Wormwood, a church member from out of Town and church Building Committee Chairman, noted that the choice of two intersections from which to exit Cressey Road (Flaggy Meadow Road and Rt. 25) should "balance things out".  Mr. Wormwood stated that the building material would be cement planking, which is made to, looks like wood and "take paint" very well, coming with an 100-year warrantee.  Mr. Wormwood also explained that the expansion plans are basically limited, at this point, to a dotted line on paper with no definite plans for the future.
PUBLIC COMMENT PERIOD OVER

Clark Neily MOVED and N.A. Martin SECONDED a motion to continue the Public Hearing to the next regular meeting of the Board and to schedule a site walk before said meeting.  MOTION CARRIED 7-0. [9:05 PM]


5.      DISCUSSION - WIRELESS TELECOMMUNICATION FACILITY - SPECTRUM RESOURCES TOWERS - off BURNHAM ROAD
Request for discussion and acceptance of a wireless telecommunication facility application for a proposed 150' tower on 4.9 acres at 4 Burnham Road, on property of Barbara and Howard King. Zoned Suburban Residential. (Map 6/Lot 19)

Erik Carson of ATC introduced Spectrum Resources Towers as a build-to-suit company.  Mr. Carson explained that at this time, the applicant would like to know if the application is complete and would like to schedule a site walk.  

Mr. Carson explained how the 150' lattice type tower on the King property would provide an equidistant link for PCS (Personal Communication Services) between the Westbrook and West Buxton facilities.  Mr. Carson stated that the tower would be situated on a 75'x75' gravel compound, gated with a chain link fence topped with barbed wire, and housing a 24-hour lockbox.  Mr. Carson briefly described the history of the telecommunications industry from the late 1980s until the present, explaining that the newest technology, PCS, cannot be picked up by scanners and carries a weak signal within a 1 ½ to 4 mi. radius.  Mr. Carson noted that the King lot is in a residential/agricultural area and that the compound would be buffered with shrubs.  He stated that space would be made available to the Town free of charge for municipal equipment, in addition to space provided for 6 carriers.  Mr. Carson pointed out that a clause dictates that the tower will be taken down after a year of disuse.  Mr. Carson then distributed a view shed analysis digitally reproducing how the tower would appear from various streets and nearby locations.  

Mr. Shiers asked the applicant if it would be possible to move the tower a couple 100 yards so that it would not be located right in front of someone's home.  Mr. Carson replied that the fall zone requirements and property owners' requests need to be met, as well as considering the best centralized location between the two existing facilities.  Mr. Shiers indicated that he is "not a fan of towers" as they are "ugly looking", adding that he will vote to turn down the application if the tower is not moved from that location in such a way that it is directly in front of the abutters' home.  Mr. Carson noted that the facility will not be lit and that it will be screened with shrubbery as best as possible.  He continued by saying that he would float a balloon at the site walk to assist the Board in better visualizing the view shed.  Mr. Carson also suggested that the Town contact the Buxton Code Officer, as the tower will be very similar to the 190' one in Buxton.  Mr. Carson stated that the arms would be 16' across, 8' from the center of the tower on either side.  Mr. Grant asked why a lattice type tower is being proposed rather than a mono pole.  Mr. Carson replied that a lattice tower provides more space.  In response to Mr. Parker, Mr. Carson answered that the tower is built to withstand an 80 mph wind velocity and will be built to national steel code standards that predisposes it to snap off in 30' sections.  Mr. Carson requested a waiver from the requirement that a copy of the FCC license and ANSI certificate for the facility be submitted at the time of application, proposing rather to provide it to the Code Office at the time of application for a building permit.  Mr. Carson indicated that Spectrum Resources Towers would be willing to seek an agreement from the King's that they not build any habitable structures within the fall zone, per the Code Officer's suggestion.  Mr. Grant noted that there are currently no limitations in the Code about building in the "fall zone".  Mr. Neily noted, as a side, that in his opinion the Code should be amended to restrict building in the "fall zone".  Mr. Neily asked staff to make sure all impacted abutters are properly notified.  Ms. Fossum replied that all immediate abutters have been and will continue to be notified in compliance with Town requirements, and that other impacted landowners tend to be notified by abutting property owners.  Ms. Fossum noted that a letter has been received from one abutter.  Mr. Martin asked the Town Planner if the King property will likely be within the area anticipated to be rezoned Neighborhood Center.  Ms. Fossum replied that it likely would be.  

Michael Parked MOVED and N.A. Martin SECONDED a motion to suspend the 10 p.m. rule.  MOTION
CARRIED 7-0.

Ms. Fossum continued that the submission of the aforementioned certificates at the time of application is not always feasible, and that it would be acceptable to staff to receive them either at the time of applying for a building permit or for a certificate of occupancy.  Ms. Fossum added that once Spectrum Resources Towers submits a review of the historic sites and structures that are listed or eligible for listing on the National Register of Historic Places, the application will be considered complete.

Mr. Carson stated that the Board should be able to get into the site immediately.  Mr. Grant agreed that the Board would not need bare ground in order to schedule a site walk, adding that it would schedule a site walk after the meeting.  [10:10 PM]
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6.      PRE-APPLICATION CONFERENCE / SUBDIVISION - BENJAMIN ESTATES - MONUMENT PROPERTIES LLC, JAMES NADEAU & BRAD LODGE, PARTNERS  - off DAY ROAD
Request for a pre-application conference on a proposed 6-lot subdivision on 12 acres off Day Road. Zoned Suburban Residential. (Map 28/Lot 18)

Brad Lodge briefly described the project, asking for direction from the Board. Jim Nadeau went over the items for discussion outlined in the Planning Board agenda memo.  Mr. Nadeau stated that he has spoken with the new buyers of the "Butterfield parcel" concerning the existing well with easement.  Mr. Shields stated that the applicant will need to submit a nitrate analysis.  Mr. Neily and Mr. Parker indicated that they would prefer to wait until the site walk before determining if this well should be discontinued and relocated on the original parcel.

Ms. Fossum stated that the ordinance requires the extension of a right-of-way off private ways on subdivision plans.  The Board again indicated that it would like to wait until the site walk to see the topography before determining if the applicant should be made to connect the proposed private way to the existing Hart's Way private way.

Mr. Nadeau stated that he has spoken with Chris Wilbur of Portland Natural Gas Transmission Systems, and that Mr. Wilbur "has no problems" with the roadway crossing over the Carthodic Protection Unit wire.  Mr. Nadeau explained that the CPU is used as a ground to take away the electrical charge from the pipeline.  Mr. Grant stated that the Board would want a letter from the gas company addressing any safety issues. The Board also asked the applicant to further compare the cost differences of installing all utilities underground vs. overhead.

Mr. Nadeau stated that the Fire Chief has indicated his preference for the installation of sprinkler systems over the construction of a fire pond.  Mr. Nadeau explained that at $8,000 to $12,000 per unit, plus the cost of insurance, this would be a financial burden.  Mr. Grant responded that in the past, the Board has let the applicant choose the form of fire protection as long as it meets with approval from the Fire Chief.  Ms. Fossum stated that the Fire Chief must have had some specific concerns in order to strongly recommend sprinkling, and suggested that the applicant communicate further with the Fire Chief on this issue.  The Board agreed to schedule a site walk after the meeting.  [10:35 PM]
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7.      ADJOURNMENT

Clark Neily MOVED and Douglas Boyce seconded a motion to adjourn. MOTION CARRIED 7-0. [10:35 PM]


Respectfully Submitted,


______________________
Esther J. Pelletier
Acting Clerk of the Board
Date:  April 2, 2001


SITE PLAN / SPECIAL EXCEPTION - BAXTER MEMORIAL LIBRARY EXPANSION -
TOWN OF GORHAM - 71 SOUTH STREET
Approved
CONDITIONS OF APPROVAL

That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning and Zoning may approve;

That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project prior to the commencement of construction;
That prior to the commencement of any site improvements and/or earth-moving activities associated with the approved site plan, the applicant shall arrange through the Planning Office for a pre-construction meeting with the Town staff to review the proposed schedule of improvements, conditions of approval, and site construction requirements;

That the bus maintenance facility shall be completely removed and the proposed parking improvements at the Shaw Junior High School site completed, prior to the issuance of an occupancy permit for the Library addition by the Code Enforcement Office;

That the crosswalk on South Street shall be relocated to align with the new walkway and barrier free ramps provided on both sides of South Street, with pedestrian signage relocated as necessary on South Street, and parking eliminated along South Street within 20' of the relocated crosswalk, along with the installation of appropriate signage;

That all site construction work shall be carried out in conformance with the Maine Erosion and Sediment Control Handbook for Construction:  Best Management Practices and in accordance with the Erosion Control Plan depicted on Sheet C3 of the plans;

That the building shall be completely sprinkled meeting all the requirements of the Town’s Sprinkler Ordinance and shall meet all applicable sections of the NFPA 101 Life Safety Code;

That the fire alarm system shall be a zoned system with the number of required zones being determined by the fire department;

That the building construction plans shall be submitted to the State Fire Marshall's Office and the Gorham Fire Department before a building permit is issued.

That the sprinkler plans shall be submitted to the Chief's Office and the State Fire Marshall's Office for permitting and approval; and that the plans shall also be submitted to the Gorham Fire Department at least two weeks prior to the start of construction of the system; and

That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty days of the Planning Board’s endorsement of the final plan, and dated copies of the recorded Decision Document, shall be returned to the Town Planner prior to the commencement of construction on the site.


SITE PLAN /SPECIAL EXCEPTION / SUBDIVISION AMENDMENT w/PRIVATE WAY -WORSHIP FACILITY & DAY CARE CENTER - GREATER GRACE BIBLE CHURCH - off DEERING ROAD
Approved
SITE PLAN CONDITIONS OF APPROVAL

1.      That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;

2.      That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;

3.      That all buildings shall meet all applicable sections of the 101 Life Safety Code;

4.      That all construction and site alterations shall be done in accordance with the “Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices,” Cumberland County Soil and Water Conservation District, Department of Environmental Protection, dated March, 1991;

5.      That the applicant shall provide property line information and site information in auto-cad format, utilizing State Plane NAD 83, Zone 4101 feet to the Town Planner;

6.      That the site improvements shall be completed as shown on the approved plans prior to request for either temporary or final occupancy permits for the building; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department; and

7.      That the Fire Pond be tested and approved prior to the issuance of a building permit and that if the pond cannot be constructed to meet the Town requirements, then additional means of fire suppression would be required; and

8.      That the Day Care Center be approved for up to 35 children, if additional children are proposed to be added that the applicants are required to apply to the Planning Board for the expansion and show that the facility and services are adequate; and

9.      That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the issuance of any building permits or commencement of any improvements on the site.

(Continued)

SITE PLAN /SPECIAL EXCEPTION / SUBDIVISION AMENDMENT w/PRIVATE WAY -WORSHIP FACILITY & DAY CARE CENTER - GREATER GRACE BIBLE CHURCH - off DEERING ROAD (cont.)
Approved
SUBDIVISION AMENDMENT CONDITIONS OF APPROVAL

1.      That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;

2.      That all previous conditions of approval attached to this Subdivision remain in effect; and

3.      That the applicant shall provide property line information and site information in auto-cad format, utilizing State Plane NAD 83, Zone 4101 feet to the Town Planner; and

4.      That the amended subdivision plan and related Decision Document shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan and a copy of the recorded Decision Document shall be returned to the Town Planning Office.

Approved
PRIVATE WAY CONDITIONS OF APPROVAL

1.      That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve;
2.      That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;
3.      That prior to the issuance of any occupancy permits for the undeveloped lot served by the private way, the Public Works Director and Towns Review Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with Chapter II, Section V, and the approved Private Way Plan; and
4.      That the original plan of the private way shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, book and page number of the recorded plan and shall be returned to the Town Planner.