LESTER S. BERRY - Welcome to Saco, Maine PACKET...New England’s bedrock contains naturally occurring radioactivity. A few examples include Radon, Radium 226, Radium 228 and Uranium

LESTER S. BERRY WILLIAM A. THOMPSON ROBERT C. LIBBY Jr WALTER E. PELKEY ANDREW S. MORRELL STEVEN J. BLAKE

www.bh2m.com Excellence Since 1978

November 28, 2017 Bob Hamblen Saco City Planner 300 Main Street Saco, Me. 04072 Re: Libby’s Landing - Final (Amended) Subdivision Plan Application Dear Bob; We are requesting to be placed on the December 19, 2017 Planning Board Agenda for Final (Amended) Subdivision Review. As you may recall, the Preliminary Plan Application was reviewed and approved by the Board on November 7, 2017. The following is a list of attachments: Final Plan Application Correspondence regarding water quality

We have responded to comments from the Department of Public Works with previous submissions. Responses were provided in advance of the Preliminary Plan Review by the Board. The latest correspondence our office has received from DPW was dated October 11, 2017 and stated that the responses provided adequately addressed the Preliminary Subdivision Application comments. We understand that the Planning Board was interested in having the Applicant provide water quality baseline data of the existing aquifer. We also understand that the City’s peer review consultant would provide some feedback regarding what would be an appropriate approach. We have not seen any correspondence from the consultant. Enclosed are water quality tests that were performed for the Libby’s Landing domestic wells. Enclosed is the Final Amended Subdivision Plan for review. If you have any questions, please feel free to call. Sincerely, Steven J. Blake, P.E. Senior Engineer Cc: M. Mezoian

1

Steve Blake

From: Steve Blake <[email protected]>Sent: Wednesday, November 8, 2017 2:51 PMTo: 'Bob Hamblen'Cc: 'Mezoian Development'Subject: Libby's Landing Water TestsAttachments: 217110195-Foster, 5 Frances Libby Way.pdf; 217110196-Binnette, 4 Frances Libby Way.pdf

Bob, I spoke with Mike about the water quality testing requested by the board. Attached are water quality tests for wells that were recently drilled at Libby’s Landing. They are for 4 and 5 Frances Libby Way. In speaking with Mike, he said that he has done this testing for each of the wells drilled at Libby’s and other projects in the City. From what Mike said, these have consistently been submitted to the code office along with permit applications for new home construction and the process would be the same for the four proposed lots. This is how we intend to address the condition for water quality testing. Any feedback you have is appreciated. Thanks.

St_v_n J. Bl[k_, PE S_nior Engin__r www.\h2m.]om

Maine State Certification # ME0015

NH ELAP Accreditation #NH2018

217110195

120 York Street, Kennebunk, ME 04043

Laboratory ID:

www.nelsonanalytical.com

(207)467-3478 phone Maine Radon Certification # ME17500

REPORT OF ANALYSIS

Client Name: Mezoian Development Date Reported : 11/08/2017

5 Frances Libby Way, Saco, ME - Untreated

Foster, Greg

Sample Location:

Laboratory ID: M.M.217110195.01 Collected By :

Temperature Rec'd °C:

11/06/2017 02:30 PM

11/06/2017 04:05 PM

13#

Date Received :

Client Sample ID: Date Collected:

Drilled Well WaterSample Matrix :

Test RemarksTest TypeTest MethodDate AnalyzedUnitsAcceptableLevel

ResultsParameters

Within EPA StandardPrimarySM 9223B11/06/2017 17:30/100mLAbsentAbsentTotal Coliform Bacteria

Within EPA StandardPrimarySM 9223B11/06/2017 17:30/100mLAbsentAbsentE. coli Bacteria

Within EPA StandardPrimarySM 4500 NO3 11/07/2017 16:40mg/L101.8Nitrate-N

Within EPA StandardSecondarySM 4500Cl-B11/07/2017 15:15mg/L250<10Chloride

Outside EPA StandardSecondarySM 4500H B11/07/2017 16:40SU6.5-8.56.29pH

Within EPA StandardPrimaryEPA 200.811/06/2017 16:46mg/L0.010<0.002Arsenic

Within EPA StandardSecondaryEPA 200.811/06/2017 16:46mg/L0.3000.157Iron

Within EPA StandardSecondaryEPA 200.811/06/2017 16:46mg/L0.0500.008Manganese

No EPA LimitN/AEPA 200.811/06/2017 16:46mg/LN/A4.9Sodium

No EPA LimitN/ASM 2340B11/06/2017 16:43mg/LN/A26Total Hardness

'

PRIMARY: Regulated by the EPA as a health related parameter SECONDARY: Aesthetic parameter - not regarded as a health concern

Please see the attached test descriptions.

Respectfully Submitted

Lorri Maling, Laboratory Director

Notes: mg/l=ppm; ug/l=ppb; "<" denotes "less than". This report of analysis may not be modified in any way, or reproduced except in full, without written approval from Nelson Analytical, LLC. Results reported above relate only tosamples as submitted, unless specifically noted otherwise. Nelson Analytical, LLC is currently accredited by the New Hampshire Environmental Lab Accreditation Program, the Vermont Laboratory Accreditation Program, and the MaineLaboratory Certification Program. For a list of current accredited tests, please visit the websites listed below. Sampling performed by the lab is according to the lab document “Water Sampling Instructions”. EPA standards list pH &Chlorine as field parameters and they should be tested immediately at sample collection. Samples tested for pH are analyzed beyond the hold time for the analysis. Samples will be analyzed as quickly as laboratory operations allow.Metals samples may be analyzed the same day they are received. #-Sample(s) received at laboratory do not meet method specified temperature criteria. Subcontracting Information: SUB1=NH1005(EPA-NH01005); SUB3=NH1004(EPA-NH00035)SUB4=NH2073, SUB5=NH2530 SUB6=NH2124 ME IN00035 SUB7-NH 1007; SUB 8=ME00002http://des.nh.gov/organization/divisions/water/dwgb/nhelap/http://healthvermont.gov/enviro/ph_lab/PublicHealthLaboratory.aspxhttp://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/labCert.shtml

11/08/2017Date:

Page 1 of 2

RP171108005

NELSON ANALYTICAL LAB - TEST DESCRIPTIONS

Nelson Analytical Test Description 12.20.2016

Total Coliform & E.coli Bacteria (Limit = “ABSENT” per 100ml)

The organisms in the total coliform group are called indicator organisms. That is, if

present, they indicate that there is a possibility, but not a certainty, that disease organisms may also be present in the water. When absent there is a very low

probability of disease organisms being present in the water. The ability of the total

coliform test to reliably predict the bacterial safety of water relative to the hundreds of

possible diseases that might be present is critical since it is impossible, in a practical

sense, to check separately for every disease organism directly on a monthly or

quarterly basis. The presence of only Total Coliform generally does not imply an imminent health risk but does require an analysis of all water systems facilities and

their operation to determine how these organisms entered the water system.

Escherichia Coli (E.coli). This is a specific species (subgroup) within the coliform family. They originate only in the intestines of animals and humans. They have a

relatively short life span compared to more general Total Coliform. Their presence

indicates a strong likelihood that human or animal wastes are entering the water system, and have a much higher likelihood of causing illness.

Iron & Manganese (Limits = 0.3 & 0.05 mg/l respectively)

These occur naturally in New England’s geology. They dissolve into groundwater as acidic rainfall percolates through the soil and rock. In higher concentrations, they can

cause the following problems:

1. Staining on laundry and water fixtures. 2. Taste - a metallic or vinyl type taste in the water.

3. Appearance – occasionally will give an oily appearing, "crusty" sheen to the

water's surface. 4. Clogging. - supports the growth of Iron bacteria. This non-health related bacteria

can clog strainers, pumps, and valves.

EPA, at present, has not set health standards for either iron or manganese in drinking water. They are both considered aesthetic concerns only.

Hardness

The presence or absence of conventional hardness in drinking water is not known to pose a health risk to users. Hardness is normally considered an aesthetic water quality

factor. The presence of some dissolved mineral material in drinking water is typically

what gives the water its characteristic and pleasant "taste". At higher concentrations however, hardness creates the following consumer problems:

1. Produces white mineral deposits on tubs, showers, and dishes

2. Reduces the efficiency of devices that heat water. As hardness deposits build in thickness, they act like insulation, reducing heat transfer.

3. Can reduce the ability of soaps to create suds, thus reducing the efficiency of cleaning ability. Can cause problems with laundry.

Nitrate & Nitrite Nitrogen (Limits = 10.0 & 1.0 mg/l respectively)

Nitrate is a component in fertilizer, and both nitrate/nitrite are found in sewage and sanitary wastes from humans and animals. Nitrate/nitrite concentrations are not

normally high in New England’s wells or surface waters. When elevated, the

surrounding area is often heavily developed, used for agricultural purposes, or subject

to heavy fertilization. Excessive levels of these nitrogen compounds in drinking water

have caused serious illness and sometimes death in infants under six months of age.

Symptoms include shortness of breath and blueness of the skin (methemoglobinemia). Sodium & Chloride (Chloride = 250 mg/l )

The compound known as "salt" consists of the elements sodium and chloride.

Substantially higher levels of Sodium and Chloride tend to imply contamination by activities of man including road salt storage, use of road salts, and discharges from

water softeners. Typical background levels of Sodium and Chloride for pristine

locations in New England’s are generally less than 15 mg/L and 30 mg/L respectively. pH (Acceptable Range = 6.5 – 8.5)

The pH of water is a measure of its acidity or alkalinity. A low pH indicates acidic

water, which is therefore likely to be corrosive to household plumbing such as copper pipes. In older homes (prior to mid to late 1980’s) the plumbing may also contain

Lead in the soldered joints. Corrosive water will dissolve these metals from the

plumbing into the water. Dissolved Copper & Lead in drinking water can be a health concern, and can also be a maintenance concern as the water corrodes the plumbing in

the home eventually causing water leaks.

Lead & Copper (Limits = 0.015 & 1.3 mg/l respectively) Found in water with corrosive tendencies (see pH). There is an extremely low

occurrence of naturally occurring lead & copper in water. It is nearly always from

plumbing systems with copper lines and/or lead solder. Levels are highest after water has been stagnant in the pipes. The recommended method for testing of Lead &

Copper when plumbing is a concern is to sample water after it has been sitting in the

pipes for 6 – 10 hours, without running the water at all prior to filling the bottle. This is called a “first draw” and simulates a worst case test.

Radioactivity (Limit = 15 pCi/L for Gross Alpha)

New England’s bedrock contains naturally occurring radioactivity. A few examples include Radon, Radium 226, Radium 228 and Uranium. Radon is a gas (see

separate description); the others are minerals. The basic test to determine the total

radioactivity from all these sources is Gross Alpha. Alkalinity: A measure of water’s acid neutralizing capacity. A low alkalinity in

combination with low hardness may increase corrosive tendencies, especially in water

that already has a pH below or at the low end of the acceptable range.

Arsenic (Limit = 0.010 mg/l)

Arsenic occurs naturally in New England. In fact, arsenic was mined commercially in

New England during the 1800s. Arsenic also occurs as a result of human activities. Activities that could have left arsenic residuals include apple orchard spraying and coal

ash disposal. Generally it is not possible to predict if a well will have elevated arsenic.

Arsenic has no smell, taste or coloration when dissolved in water, even at high

concentrations. Only water quality testing can determine its presence and concentration

in well water. Arsenic has been classified by the U.S. Environmental Protection Agency

(EPA) as a human carcinogen (cancer causing agent.) Long term exposure to arsenic has been linked to cancer, cardiovascular disease, immunological disorders, diabetes

and other medical issues. On February 22, 2002 a new EPA rule for arsenic in drinking

water became effective. This new Limit is 0.010 mg/l, the old limit was 0.050 mg/l. This new rule is final, and became fully enforced on all public water systems in January

of 2006. New England’s DES recommends that at least two tests be processed before

concluding the well's arsenic concentration, as well water quality can change due to many factors.

Radon (No regulated limit)

Radon gas is normally found in all well water. Bedrock wells typically have much higher levels then dug or point wells. The most significant concern is the inhalation of

Radon from the air. Radon typically enters air via two common pathways:

1. Migration (up from the soil) into the house air through cracks and/or other openings in the foundation.

2. Release of dissolved radon gas into the air from water usage in the home.

In New England’s, the migration of radon up from the soil contributes the largest percent of radon found in the average home. Radon from a groundwater type water supply

source, particularly a bedrock (artesian, drilled) well, contributes the next largest

percentage of radon in the home. The US EPA has set an advisory "action level" of 4

pCi/L for radon gas in indoor air. While not a mandated health standard, this level is

a guideline for people to use in assessing the seriousness of their exposure to airborne

radon. Studies show that high levels of radon gas in the air increase the risk of developing lung cancer. At present there is no federal or state regulated standard

for radon in drinking water. In 2016, the New Hampshire Department of

Environmental Services (NHDES) and the Maine Radon Program recommended that private wells with radon concentrations at or above 10,000 pCi/L be treated in

conjunction with mitigation of indoor air radon. Treatment for water with

concentrations between 2000 and 10,000 pCi/L (in NH) and 4000 and 10,000 (in ME) may be advisable if the air concentrations in the home exceed 4 pCi/L. The EPA is

currently proposing a limit of 4000 pCi/L. Massachusetts recommends 10,000, Vermont 4,000. A useful equation developed by the EPA to determine the seriousness

of Radon in water is that 1 pCi/L of Radon will develop in the air for every 10,000 pCi/L

in the water. This is especially useful for adding the total radon found in both air & water.

Fluoride (limit = 2.0/4.0 mg/l secondary/primary)

Fluoride occurs naturally in New England’s bedrock. Fluoride has no taste, color or

odor and thus the only way to determine its concentration is by laboratory analysis.

The Centers for Disease Control (CDC) have recommended 1.0 to 1.2 milligrams per

liter (mg/L) as the optimum beneficial concentration of fluoride in drinking water for dental protection in state of New England’s. Below 0.5 mg/L there is little tooth decay

protection. Above 1.5 mg/L, there is little additional benefit. In the range of 2.0-4.0

mg/L of fluoride, staining of tooth enamel is possible. At concentrations above 4.0 mg/L, studies have shown the possibility of skeletal fluorosis as well as the staining of

teeth. In its most severe form, skeletal fluorosis is characterized by irregular bone

deposits that may cause arthritis and crippling when occurring at joints. MtBE / Volatile Organic Compounds (VOC’s)

MtBE is the abbreviation for the compound “methyl tertiary butyl ether”. This

compound is a colorless liquid added to gasoline. Thus its presence in well water would indicate that gasoline contamination exists in the well. MtBE degrades very slowly, is

highly soluble in water, and has very low taste and odor thresholds. The EPA has not set

a formal health based drinking water standard for MtBE. However, the NH. Department of Health and Human Services has recently developed a health-based drinking water

standard for MtBE of 13 micrograms per liter (ug/L). Studies with animals suggest

drinking water with high levels of MtBE may cause stomach irritation, liver and kidney damage, and nervous system effects. An increased amount of liver and kidney cancer

was found in rats and mice breathing high levels of MtBE. Because of the animal studies

on MtBE, New England’s considers MtBE a possible human carcinogen. MtBE is tested in a group of approx. 60 compounds associated with petroleum or organic

chemical contamination called Volatile Organic Compounds (VOC’s). Many of these

compounds are also known carcinogens. Sulfide (Rotten Egg Odor)

Sulfide can be formed naturally as a by-product of the decomposition of organic

material possibly aided by the presence of sulfur reducing bacteria. These bacteria are not hazardous to human health. It can also be produced by chemical reactions of soil

and bedrock minerals containing sulfur. At the concentrations typically found in

drinking water, it is not hazardous to health. The odor threshold for sulfide is considerably lower than the point at which our laboratory test detects it. So you may

smell it before we can find it.

Conductivity: A very basic test measuring the total dissolved mineral content of water. Includes all individual minerals separately listed on this page.

Page 2 of 2

RP171108005

Maine State Certification # ME0015

NH ELAP Accreditation #NH2018

217110196

120 York Street, Kennebunk, ME 04043

Laboratory ID:

www.nelsonanalytical.com

(207)467-3478 phone Maine Radon Certification # ME17500

REPORT OF ANALYSIS

Client Name: Mezoian Development Date Reported : 11/08/2017

4 Frances Libby Way, Saco, ME - Untreated

Binnette, Trey

Sample Location:

Laboratory ID: M.M.217110196.01 Collected By :

Temperature Rec'd °C:

11/06/2017 02:30 PM

11/06/2017 04:05 PM

13#

Date Received :

Client Sample ID: Date Collected:

Drilled Well WaterSample Matrix :

Test RemarksTest TypeTest MethodDate AnalyzedUnitsAcceptableLevel

ResultsParameters

Within EPA StandardPrimarySM 9223B11/06/2017 17:30/100mLAbsentAbsentTotal Coliform Bacteria

Within EPA StandardPrimarySM 9223B11/06/2017 17:30/100mLAbsentAbsentE. coli Bacteria

Within EPA StandardPrimarySM 4500 NO3 11/07/2017 16:40mg/L10<1.0Nitrate-N

Within EPA StandardSecondarySM 4500Cl-B11/07/2017 15:15mg/L25030Chloride

Outside EPA StandardSecondarySM 4500H B11/07/2017 16:40SU6.5-8.58.75pH

Within EPA StandardSecondaryEPA 200.811/06/2017 16:46mg/L0.3000.105Iron

Within EPA StandardSecondaryEPA 200.811/06/2017 16:46mg/L0.0500.006Manganese

No EPA LimitN/AEPA 200.811/06/2017 16:46mg/LN/A72Sodium

No EPA LimitN/ASM 2340B11/06/2017 16:43mg/LN/A17Total Hardness

'

PRIMARY: Regulated by the EPA as a health related parameter SECONDARY: Aesthetic parameter - not regarded as a health concern

Please see the attached test descriptions.

Respectfully Submitted

Lorri Maling, Laboratory Director

Notes: mg/l=ppm; ug/l=ppb; "<" denotes "less than". This report of analysis may not be modified in any way, or reproduced except in full, without written approval from Nelson Analytical, LLC. Results reported above relate only tosamples as submitted, unless specifically noted otherwise. Nelson Analytical, LLC is currently accredited by the New Hampshire Environmental Lab Accreditation Program, the Vermont Laboratory Accreditation Program, and the MaineLaboratory Certification Program. For a list of current accredited tests, please visit the websites listed below. Sampling performed by the lab is according to the lab document “Water Sampling Instructions”. EPA standards list pH &Chlorine as field parameters and they should be tested immediately at sample collection. Samples tested for pH are analyzed beyond the hold time for the analysis. Samples will be analyzed as quickly as laboratory operations allow.Metals samples may be analyzed the same day they are received. #-Sample(s) received at laboratory do not meet method specified temperature criteria. Subcontracting Information: SUB1=NH1005(EPA-NH01005); SUB3=NH1004(EPA-NH00035)SUB4=NH2073, SUB5=NH2530 SUB6=NH2124 ME IN00035 SUB7-NH 1007; SUB 8=ME00002http://des.nh.gov/organization/divisions/water/dwgb/nhelap/http://healthvermont.gov/enviro/ph_lab/PublicHealthLaboratory.aspxhttp://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/labCert.shtml

11/08/2017Date:

Page 1 of 2

RP171108006

NELSON ANALYTICAL LAB - TEST DESCRIPTIONS

Nelson Analytical Test Description 12.20.2016

Total Coliform & E.coli Bacteria (Limit = “ABSENT” per 100ml)

The organisms in the total coliform group are called indicator organisms. That is, if

present, they indicate that there is a possibility, but not a certainty, that disease organisms may also be present in the water. When absent there is a very low

probability of disease organisms being present in the water. The ability of the total

coliform test to reliably predict the bacterial safety of water relative to the hundreds of

possible diseases that might be present is critical since it is impossible, in a practical

sense, to check separately for every disease organism directly on a monthly or

quarterly basis. The presence of only Total Coliform generally does not imply an imminent health risk but does require an analysis of all water systems facilities and

their operation to determine how these organisms entered the water system.

Escherichia Coli (E.coli). This is a specific species (subgroup) within the coliform family. They originate only in the intestines of animals and humans. They have a

relatively short life span compared to more general Total Coliform. Their presence

indicates a strong likelihood that human or animal wastes are entering the water system, and have a much higher likelihood of causing illness.

Iron & Manganese (Limits = 0.3 & 0.05 mg/l respectively)

These occur naturally in New England’s geology. They dissolve into groundwater as acidic rainfall percolates through the soil and rock. In higher concentrations, they can

cause the following problems:

1. Staining on laundry and water fixtures. 2. Taste - a metallic or vinyl type taste in the water.

3. Appearance – occasionally will give an oily appearing, "crusty" sheen to the

water's surface. 4. Clogging. - supports the growth of Iron bacteria. This non-health related bacteria

can clog strainers, pumps, and valves.

EPA, at present, has not set health standards for either iron or manganese in drinking water. They are both considered aesthetic concerns only.

Hardness

The presence or absence of conventional hardness in drinking water is not known to pose a health risk to users. Hardness is normally considered an aesthetic water quality

factor. The presence of some dissolved mineral material in drinking water is typically

what gives the water its characteristic and pleasant "taste". At higher concentrations however, hardness creates the following consumer problems:

1. Produces white mineral deposits on tubs, showers, and dishes

2. Reduces the efficiency of devices that heat water. As hardness deposits build in thickness, they act like insulation, reducing heat transfer.

3. Can reduce the ability of soaps to create suds, thus reducing the efficiency of cleaning ability. Can cause problems with laundry.

Nitrate & Nitrite Nitrogen (Limits = 10.0 & 1.0 mg/l respectively)

Nitrate is a component in fertilizer, and both nitrate/nitrite are found in sewage and sanitary wastes from humans and animals. Nitrate/nitrite concentrations are not

normally high in New England’s wells or surface waters. When elevated, the

surrounding area is often heavily developed, used for agricultural purposes, or subject

to heavy fertilization. Excessive levels of these nitrogen compounds in drinking water

have caused serious illness and sometimes death in infants under six months of age.

Symptoms include shortness of breath and blueness of the skin (methemoglobinemia). Sodium & Chloride (Chloride = 250 mg/l )

The compound known as "salt" consists of the elements sodium and chloride.

Substantially higher levels of Sodium and Chloride tend to imply contamination by activities of man including road salt storage, use of road salts, and discharges from

water softeners. Typical background levels of Sodium and Chloride for pristine

locations in New England’s are generally less than 15 mg/L and 30 mg/L respectively. pH (Acceptable Range = 6.5 – 8.5)

The pH of water is a measure of its acidity or alkalinity. A low pH indicates acidic

water, which is therefore likely to be corrosive to household plumbing such as copper pipes. In older homes (prior to mid to late 1980’s) the plumbing may also contain

Lead in the soldered joints. Corrosive water will dissolve these metals from the

plumbing into the water. Dissolved Copper & Lead in drinking water can be a health concern, and can also be a maintenance concern as the water corrodes the plumbing in

the home eventually causing water leaks.

Lead & Copper (Limits = 0.015 & 1.3 mg/l respectively) Found in water with corrosive tendencies (see pH). There is an extremely low

occurrence of naturally occurring lead & copper in water. It is nearly always from

plumbing systems with copper lines and/or lead solder. Levels are highest after water has been stagnant in the pipes. The recommended method for testing of Lead &

Copper when plumbing is a concern is to sample water after it has been sitting in the

pipes for 6 – 10 hours, without running the water at all prior to filling the bottle. This is called a “first draw” and simulates a worst case test.

Radioactivity (Limit = 15 pCi/L for Gross Alpha)

New England’s bedrock contains naturally occurring radioactivity. A few examples include Radon, Radium 226, Radium 228 and Uranium. Radon is a gas (see

separate description); the others are minerals. The basic test to determine the total

radioactivity from all these sources is Gross Alpha. Alkalinity: A measure of water’s acid neutralizing capacity. A low alkalinity in

combination with low hardness may increase corrosive tendencies, especially in water

that already has a pH below or at the low end of the acceptable range.

Arsenic (Limit = 0.010 mg/l)

Arsenic occurs naturally in New England. In fact, arsenic was mined commercially in

New England during the 1800s. Arsenic also occurs as a result of human activities. Activities that could have left arsenic residuals include apple orchard spraying and coal

ash disposal. Generally it is not possible to predict if a well will have elevated arsenic.

Arsenic has no smell, taste or coloration when dissolved in water, even at high

concentrations. Only water quality testing can determine its presence and concentration

in well water. Arsenic has been classified by the U.S. Environmental Protection Agency

(EPA) as a human carcinogen (cancer causing agent.) Long term exposure to arsenic has been linked to cancer, cardiovascular disease, immunological disorders, diabetes

and other medical issues. On February 22, 2002 a new EPA rule for arsenic in drinking

water became effective. This new Limit is 0.010 mg/l, the old limit was 0.050 mg/l. This new rule is final, and became fully enforced on all public water systems in January

of 2006. New England’s DES recommends that at least two tests be processed before

concluding the well's arsenic concentration, as well water quality can change due to many factors.

Radon (No regulated limit)

Radon gas is normally found in all well water. Bedrock wells typically have much higher levels then dug or point wells. The most significant concern is the inhalation of

Radon from the air. Radon typically enters air via two common pathways:

1. Migration (up from the soil) into the house air through cracks and/or other openings in the foundation.

2. Release of dissolved radon gas into the air from water usage in the home.

In New England’s, the migration of radon up from the soil contributes the largest percent of radon found in the average home. Radon from a groundwater type water supply

source, particularly a bedrock (artesian, drilled) well, contributes the next largest

percentage of radon in the home. The US EPA has set an advisory "action level" of 4

pCi/L for radon gas in indoor air. While not a mandated health standard, this level is

a guideline for people to use in assessing the seriousness of their exposure to airborne

radon. Studies show that high levels of radon gas in the air increase the risk of developing lung cancer. At present there is no federal or state regulated standard

for radon in drinking water. In 2016, the New Hampshire Department of

Environmental Services (NHDES) and the Maine Radon Program recommended that private wells with radon concentrations at or above 10,000 pCi/L be treated in

conjunction with mitigation of indoor air radon. Treatment for water with

concentrations between 2000 and 10,000 pCi/L (in NH) and 4000 and 10,000 (in ME) may be advisable if the air concentrations in the home exceed 4 pCi/L. The EPA is

currently proposing a limit of 4000 pCi/L. Massachusetts recommends 10,000, Vermont 4,000. A useful equation developed by the EPA to determine the seriousness

of Radon in water is that 1 pCi/L of Radon will develop in the air for every 10,000 pCi/L

in the water. This is especially useful for adding the total radon found in both air & water.

Fluoride (limit = 2.0/4.0 mg/l secondary/primary)

Fluoride occurs naturally in New England’s bedrock. Fluoride has no taste, color or

odor and thus the only way to determine its concentration is by laboratory analysis.

The Centers for Disease Control (CDC) have recommended 1.0 to 1.2 milligrams per

liter (mg/L) as the optimum beneficial concentration of fluoride in drinking water for dental protection in state of New England’s. Below 0.5 mg/L there is little tooth decay

protection. Above 1.5 mg/L, there is little additional benefit. In the range of 2.0-4.0

mg/L of fluoride, staining of tooth enamel is possible. At concentrations above 4.0 mg/L, studies have shown the possibility of skeletal fluorosis as well as the staining of

teeth. In its most severe form, skeletal fluorosis is characterized by irregular bone

deposits that may cause arthritis and crippling when occurring at joints. MtBE / Volatile Organic Compounds (VOC’s)

MtBE is the abbreviation for the compound “methyl tertiary butyl ether”. This

compound is a colorless liquid added to gasoline. Thus its presence in well water would indicate that gasoline contamination exists in the well. MtBE degrades very slowly, is

highly soluble in water, and has very low taste and odor thresholds. The EPA has not set

a formal health based drinking water standard for MtBE. However, the NH. Department of Health and Human Services has recently developed a health-based drinking water

standard for MtBE of 13 micrograms per liter (ug/L). Studies with animals suggest

drinking water with high levels of MtBE may cause stomach irritation, liver and kidney damage, and nervous system effects. An increased amount of liver and kidney cancer

was found in rats and mice breathing high levels of MtBE. Because of the animal studies

on MtBE, New England’s considers MtBE a possible human carcinogen. MtBE is tested in a group of approx. 60 compounds associated with petroleum or organic

chemical contamination called Volatile Organic Compounds (VOC’s). Many of these

compounds are also known carcinogens. Sulfide (Rotten Egg Odor)

Sulfide can be formed naturally as a by-product of the decomposition of organic

material possibly aided by the presence of sulfur reducing bacteria. These bacteria are not hazardous to human health. It can also be produced by chemical reactions of soil

and bedrock minerals containing sulfur. At the concentrations typically found in

drinking water, it is not hazardous to health. The odor threshold for sulfide is considerably lower than the point at which our laboratory test detects it. So you may

smell it before we can find it.

Conductivity: A very basic test measuring the total dissolved mineral content of water. Includes all individual minerals separately listed on this page.

Page 2 of 2

RP171108006

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C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\Memorandum LibbLand Amend 121917.doc.docx

Memorandum To: Planning Board Members From: Bob Hamblen Re: Libby’s Landing – Subdivision Amendment Review Tax Map 124, Lot 6 Meeting of December 19, 2017

A. Overview The Board saw this last on Nov. 7, 2017, and voted to grant approval for the preliminary plan “…. subject to data on nitrates and comprehensive water quality testing to establish a baseline given concerns about nearby agricultural activity and any naturally occurring concerns that may exist, within the boundaries of the proposed four lots, based on the forthcoming peer review…” The peer review is complete and summarized in the attached Dec. 11 letter from StoneHill Environmental, Inc. Cynthia Thayer, Certified Geologist, concluded that two wells drilled on Frances Libby Way have reported acceptable water quality results; that nitrate levels given soils and the projected septic plumes will remain below the City acceptable level of 5 mg/L.; and, that with the nearest significant agricultural activity about 0.3 mile away and separate from the project site by Boynton Brook. “it appears unlikely” that wells at Libby’s Landing would be impacted adversely. Staff is suggesting a Condition of Approval that a water sample be collected from each new well drilled, be submitted to a commercial lab for testing for basic drinking water quality parameters, and the results be submitted to the City’s Code Enforcement Office prior to a CO being issued for each lot. As previously reported:

• Applicant Nancy Moulton received approval on 11/12/13 for a seven lot subdivision called Boynton Brook. A single lot had been carved out of a roughly 75 acre parcel, then five lots, each fronting on Grant Road, were proposed, plus a multi-acre remainder parcel, resulting in the subdivision proposal.

• Mezoian Development LLC then sought and received final plan approval on 2/7/17 for the Libby’s Landing subdivision, which was an amendment to the Boynton Brook subdivision. Combined, the two were large enough to trigger the need for a Site Location of Development permit: greater than 30 acres and more than 15 lots.

• The current proposal will increase the number of lots to 21. The street associated with Libby’s Landing has been built, and at least four lots are in various degrees of construction. The earlier phase, Boynton Brook subdivision, with all lots fronting on Grant Road, has been completed.

CITY OF SACO, MAINE Planning Robert Hamblen, City Planner Saco City Hall Telephone: (207) 282-3487 300 Main Street Email: [email protected] Saco, Maine 04072-1538 Facebook: /sacomaine Twitter: @sacomaine

mailto:[email protected]

https://www.facebook.com/sacomaine

https://twitter.com/sacomaine

C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\Memorandum LibbLand Amend 121917.doc.docx

A nitrate study has been performed by Sweet Associates; we have requested a peer review of Sweet’s findings on the City’s behalf. The earlier phases of the project have been subject to a $585 per lot fee for traffic impacts. Staff would recommend the same apply to the current proposal. No open space nor recreational facilities are proposed, so payment of an impact fee would be addressed in the Conditions of Approval, if the Board is agreeable. The Fire Dept/Emergency Services impact fee of $500/lot is also in effect. Project engineer Steve Blake, BH2M, is representing Mr. Mezoian.

B. Determination of Completeness The application for final plan review is complete. Suggested motion: “I move to find the application for final subdivision review to be complete.”

C. Summary of Findings Zoning: C-1 Proposed use: residential subdivision Required Existing/Proposed Min. lot size 80,000 s.f. 80,000+ s.f. Min. st. frontage 200 feet >200 feet

Setbacks Front 30 feet 30 feet or > Side 25 25 feet or > Rear 25 25 feet or >

Max. lot coverage 20% <20% buildings only Max. bldg. height 35 ft. 35 feet or less

D. Conclusion/suggested motion to approve Staff believes that the plan and application are at the point that final approval could be considered by the Board.

Suggested motion: “Move that the Board grant approval under the provisions of the Saco Subdivision Regulations for the final plan submitted for the proposed Libby’s Landing/Boynton Brook subdivision plan amendment based on the attached Findings of Fact and Conditions of Approval dated December 19, 2017.”

C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\FOF LibbLand Amend Final 121917.rtf

Saco Planning Board

Boynton Brook/Libby’s Landing Subdivision Amendment

Final Plan, and Site Location of Development Review Findings of Fact

December 19, 2017

The Saco Planning Board hereby finds:

1. This is a proposed four lot amendment to the Libby’s Landing subdivision, which itself was an amendment to the previously approved (Nov. 19, 2013) seven lot Boynton Brook subdivision. A remainder parcel of 7.249 acres would be retained by the applicant that will largely serve as a stormwater buffer. Access to the four new lots would be from Grant Road, as each would have 200 feet or more of frontage on the existing City road.

2. The record owner of the property to be divided is Nancy Moulton, 108 Geraldine Street,

Key West FL 33040.

3. The applicant is Mezoian Development LLC, 4 Driftwood Lane, Saco.

4. The subdivision involves an existing parcel identified as Map 124, Lot 6, in the C-1 zone. Said parcel is referenced as Book 6384, Page 69 in the York County Registry of Deeds.

5. The applicant has established Right, Title and Interest in the form of a Real Estate Land Sale

Contract between Nancy A. Moulton, Seller and Michael Mezoian, Mezoian Development, Buyer, referencing November, 2017 as a completion date. Also, a warranty deed for the parcel dated Dec. 24, 1992, and recorded Dec. 28, 1992 at the York County Registry of Deeds.

6. The project requires review and approval according to City of Saco Subdivision Regulations and Maine state law, which will include both preliminary plan (approved Nov. 7, 2017) and final plan review. In that more than 30 acres and more than 15 lots are involved, the project is also subject to Site Location of Development review, which the City will conduct under review authority delegated by the Maine DEP.

7. A waiver of submission items 5.2.2(16) sidewalks, curbs, and 11.11 roadway crown, was granted by the Board on Dec. 6, 2016 as part of the Libby’s Landing amendment.

8. The applicant has submitted a three sheet plan set dated May, 2017, latest revision date 9/29/17, entitled “Amended Subdivision, Libby’s Landing, Grant Road, Saco, Maine.” The sheets are listed as follows: 1 Amended Subdivision 2 Existing Conditions 3 Details


Two revised plan sheets have been submitted for final plan review, latest revision date 11/28/17: 1 Amended Subdivision 2 Existing Conditions

9. Traffic generated by the total of twenty-one (21) lots is estimated at approximately 201 trips

per day. A traffic impact fee is addressed in the Conditions of Approval.

10. Pedestrian traffic: no sidewalks exist on Grant Road, nor are any proposed. A waiver was requested for the construction of sidewalk within the proposed Frances Libby Way right of way, and granted on Dec. 6, 2016 as part of the Libby’s Landing subdivision.

11. Water service is proposed via connection to private wells that would be drilled on each lot. 12. Stormwater management: a stormwater management plan has been submitted for the

proposed developed area of 1.84 acres associated with the four proposed lots, total proposed impervious area of 3.04 acres for all twenty-one lots, and total developed area of 12.26 acres. Buffers and a wet pond are proposed to provide water quality treatment and the attenuation of peak flows. These measures are designed to meet the Basic and General standards required by Chapter 500 of the DEP stormwater rules, and City of Saco stormwater standards.

13. Wetlands: Note 5 on the preliminary subdivision plan identifies Mark Hampton Associates

as being responsible for wetlands identification. Note 23 on the plan reports that 6.89 acres of wetlands have been identified. No wetlands are reported as being proposed for alteration. The delineation was reviewed by Normandeau Associates, on behalf of the City, see July 24, 2017 memo.

14. Erosion and sedimentation control will be accomplished via temporary and permanent

measures employed during construction of foundations and buildings, in accordance with erosion prevention provisions outlined in the Maine Erosion Control and Sedimentation Handbook for Construction: Best Management Practices, 2003, and is addressed on Sheet 3 of the plan set.

15. Groundwater: the applicant has stated that no impacts are anticipated to groundwater quality

by the proposed four lots, or the overall 21 lot subdivision.

16. Wastewater Disposal: sanitary service is proposed via installation and connection to subsurface septic systems for each lot. A nitrate study performed by Sweet Associates has been submitted, and been subject to peer review by StoneHill Environmental, Inc., on behalf of the City, resulting in a Dec. 11, 2017 letter from Cynthia Thayer, C.G.

17. Solid Waste: stumps and grubbing is proposed to be ground and used for erosion control mix. Construction debris will be removed by a licensed private hauler. Household waste will be eligible for curbside pick-up as administered by the City.

18. Flooding – a portion of Boynton Brook that lies within the subdivision is in the A zone. The applicant states that there is no flood hazard for any proposed building.


19. Blasting: the applicant has stated that blasting is not anticipated.

20. Air Emissions: the applicant has stated that no significant air emissions are anticipated.

21. Odors: the applicant has stated that no significant odors are anticipated.

22. Water Vapor: the applicant has stated that no significant water vapor will be generated by this project.

23. Sunlight: the applicant has stated that no structure proposed will block access to direct sunlight for abutters.

24. Notices: the City has notified abutters for the preliminary plan review and public hearing, and will do the same for the final plan review.

25. Open Space: based on the proposed 80,000 s.f. or greater average per dwelling unit, no less than 2.5% of the overall parcel must be reserved as open space. No open space or recreational facilities are proposed. Therefore, the proposed lots are subject to the City of Saco Open Space and Recreational Facilities Impact Fee.

The submissions detailed above are sufficient to make a determination on compliance with City of Saco subdivision review requirements. The Planning Board has considered the following criteria from the Subdivision Regulations, and before granting approval for the final plan has determined that:

1.1.1 Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it has at least considered:

A. The elevation of the land above sea level and its relation to the flood plains; B. The nature of soils and subsoils and their ability to adequately support waste disposal;

C. The slope of the land and its effect on effluents; D. The availability of streams for disposal of effluents; and

E. The applicable state and local health and water resource rules and regulations;

1.1.2 Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision, given the Board’s awareness of existing private wells in the area; 1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, as it will not be used;

1.1.4 Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results, based on control measures proposed during construction; 1.1.5 Traffic. Though the proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed, the applicant has agreed with the Board that a percentage of vehicular trips generated by this subdivision will utilize the Rte. 112/Exit 36 corridors via


the Buxton Road/Industrial Park Road intersection. Based on the projected impacts of this project on the Rte. 112 corridor, a traffic impact fee of $585 per lot is required and is addressed in the Conditions of Approval.

1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized – private, individual septic systems will service each lot;

1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste, if municipal services are to be utilized – if the street is accepted by the City, assumedly curbside pick-up will be made available to homeowners, for which capacity exists;

1.1.8 Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline, based on the Aug. 19, 2016 letter from the state IF&W;

1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinance, comprehensive plan, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans;

1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section based on submittals found in Sections 3 and 4 of the bound application;

1.1.11 Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, chapter 3, subchapter I, article 2-B, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment – lots do not have frontage on an outstanding river segment.

1.1.12 Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water, based on the Groundwater Impact Study conducted by Sweet Associates, and submitted in the bound application, and the peer review conducted on the City’s behalf by StoneHill Environmental, Inc., which concluded that nitrate levels resulting from proposed septic systems will remain within acceptable levels, and that adverse impacts from agricultural activities in the area are not anticipated;

1.1.13 Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the subdivider shall determine the 100-year flood elevation and


flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including the basement, at least one foot above the 100-year flood elevation;

1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on the plan submitted as part of the application, regardless of the size of these wetlands, based on the delineation by Mark Hampton, and review by Normandeau Associates;

1.1.15 River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in Title38, section 480-B, subsection 9;

1.1.16 Storm water. The proposed subdivision will provide for adequate storm water management, as verified by the stormwater management report submitted with the application, and reviewed by the City Engineer;

1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1 – none are proposed;

1.1.18 Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision – no great pond is affected; and 1.1.19 Impact on adjoining municipality. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located – the proposed subdivision does not cross a municipal boundary.

Based on the application submitted and representations made by the applicant to the Board, the project meets the standards of approval for a preliminary subdivision plan as outlined in the City of Saco Subdivision Regulations. Voted by the Planning Board on December 19, 2017. On Behalf of the Planning Board, Signed: __________________________________________ Bob Hamblen Date City Planner

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C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\Site Law COA LibbLand Amend 121917.doc

Standard Conditions of Approval Site Location of Development Act

Saco Planning Board

Libby’s Landing Subdivision Amendment, Final Plan Review December 19, 2017

STRICT CONFORMANCE WITH THE STANDARD AND SPECIAL CONDITIONS OF THIS APPROVAL IS NECESSARY FOR THE PROJECT TO MEET THE STATUTORY CRITERIA FOR APPROVAL.

A. Approval of Variations from Plans. This approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents is subject to the review and approval of the Planning Board prior to implementation. Further division of proposed lots by the applicant or future owners is specifically prohibited, without prior approval of the Planning Board, and the applicant shall include deed restrictions to that effect.

B. Compliance with All Applicable Laws. The applicant shall secure and comply

with all applicable Federal, State, and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

C. Compliance with All Terms and Conditions of Approval. The applicant shall submit all reports and information requested by the Board or the Planning Department demonstrating that the applicant has complied or will comply with all terms and conditions of this approval. All preconstruction terms and conditions must be met before construction begins.

D. Advertising. Advertising relating to matters included in this application shall refer to this approval only if it notes that the approval has been granted WITH CONDITIONS, and indicates where copies of those conditions may be obtained.

E. Transfer of Development. Unless otherwise provided in this approval, the applicant shall not sell, lease, assign or otherwise transfer the development or any portion thereof without prior written approval of the Planning Board, where the purpose or consequence of the transfer is to transfer any of the obligations of the developer as incorporated in this approval. Such approval shall be granted only if the applicant or transferee demonstrates to the Planning Board that the transferee has the technical capacity and financial ability to comply with conditions of this approval and the proposals and plans contained in the application and supporting documents submitted by the applicant.

C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\Site Law COA LibbLand Amend 121917.doc

F. Initiation of Development. If the construction or operation of the activity is not begun within two years, this approval shall lapse and the applicant shall reapply to the Board for a new approval. The applicant may not begin construction or operation of the development until a new approval is granted. Re-application for approval shall state the reasons why the development was not begun within two years from the granting of the initial approval and the reasons why the applicant will be able to begin the activity within two years from the granting of a new approval, if granted.

G. Reexamination After Five Years. If the approved development is not completed within five years from the date of the granting of approval, the Board may reexamine its approval and impose additional terms or conditions or prescribe other necessary corrective action to respond to significant changes in circumstances which may have occurred during the five-year period.

H. Approval included in Contract Bids. A copy of this approval must be included in or attached to all contract bid specifications for the development.

I. Approval Shown to Contractors. Work done by a contractor pursuant to this approval shall not begin before the contractor has been shown by the developer a copy of this approval.

J. Recording. The applicant shall have this approval, along with all findings, conclusions and conditions recorded in the York County Registry of Deeds. Verification of this action shall be submitted to the Saco Planning Office; a copy of the receipt issued by the Registry is adequate.

With the above Conditions and the accompanying Findings of Fact, the Saco Planning Board hereby finds that applicant Mezoian Development, LLC has satisfied the requirements of the Site Location of Development Law of the State of Maine. Under the Review Authority delegated to the City of Saco by the Maine Department of Environmental Protection, approval is hereby granted, contingent on these Conditions of Approval. Voted by the Saco Planning Board on December 19, 2017. On Behalf of the Planning Board, Robert H. Hamblen City Planner

C:\Users\edwama\Desktop\LIBBY'S LANDING 12-19-17 FINAL SUBMISSION\COA LibbLand Amend 121917.doc

Saco Planning Board

Libby’s Landing Subdivision, Final Plan

Conditions of Approval December 19, 2017

1. All details will conform to City of Saco standards, including but not limited to the City of Saco Zoning Ordinance and Subdivision Regulations.

2. Final approval is also conditioned upon compliance by the applicant with any and all oral

commitments regarding the project which were specifically made by the applicant to the Board in the course of its deliberations.

3. This approval is governed by the action taken by the Saco Planning Board for final

subdivision review.

4. All work shall be in conformance with the approved plans, a three sheet plan set dated May, 2017, latest revision date 9/29/17, entitled “Amended Subdivision Libby’s Landing, Grant Road, Saco, Maine.” Further, for final plan review, a two sheet plan set dated May, 2017, latest revision date 11/28/17, entitled “Amended Subdivision Libby’s Landing, Grant Road, Saco, Maine” was submitted and action on the final plan is based on it.

5. No deviations from the approved plans are permitted without prior approval from the

Planning Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner.

6. The applicant shall confer with the Parks and Recreation Department as to species selection and placement prior to planting of street trees. Retention of existing trees that are judged suitable by a Park and Recreation staff member is acceptable. No fewer than two street trees per lot shall be planted within fifty (50) feet of the Grant Road right of way prior to a Certificate of Occupancy being issued. If the season makes this impossible, then as soon as possible thereafter. A portion of the Letter of Credit established for the project shall be retained to ensure this occurs.

7. The completed subdivision is projected to generate 201 Average Daily Trips, a percentage of

which are anticipated to impact the Rte. 112 corridor. A recent update of the Rte. 112 Corridor Study recommends a mix of mitigation measures designed to address existing and potential operational and safety deficiencies within the corridor, including signalization of the Rte. 112 and Jenkins Road intersection upon achieving MDOT warrants, and restriping Rte. 112 from Saco Middle School to the Jenkins Road intersection in order to create a center turn lane. Based on the projected impacts of this project on the Rte. 112 corridor, a traffic impact fee of $585 per lot is required.


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8. The completed subdivision is subject to the Fire Department/emergency medical service impact fee of $500 per lot.

9. In lieu of the provision of open space or recreational facilities, an Open Space and Recreational Facilities Impact Fee shall be paid to the Code Enforcement Office prior to the issuance of building permits for all lots.

10. The subdivision plan identifies the location of a 100 foot stream buffer, and a stormwater buffer. Each shall be described and referenced in the deed prepared for each affected lot. Approval of this subdivision is based in part on adequate protections being afforded each of the identified resources. The developer shall install permanent, clearly visible markers, to be described within the aforementioned deed for each lot, so that future lot owners and persons that may be verifying the existence of the stream buffer and stormwater buffer can easily identify the existence and location of said buffers.

11. The field location and delineation of the stream buffers shall be performed prior to the start of any clearing activities on the site. Prior to the start of construction, copies of the recorded buffer deed restrictions shall be provided to the Planning Department.

12. The applicant shall be responsible for providing the following basic services until street acceptance:

• Snow plowing of all ways; • Trash pick-up from all inhabited units; • Maintenance of all roadway surfaces, drains, sewers and other utilities; • Installation of street signs and lights; Lights are to be energized;

The costs of performing the provisions of this section shall be added into the bond or surety provided for in Article 8. The applicant shall, prior to the sale or transfer of a lot, notify the grantee that the applicant is responsible for providing the basic services as outlined above until the street is accepted to city standards and accepted by the city. Nothing herein shall be interpreted as requiring the applicant to provide these services to streets or utilities duly accepted by the City of Saco.

13. A performance guarantee acceptable to the City of Saco shall be established for 150% of the

construction cost of all required improvements, including but not limited to the following: utility installation, street trees, paving, work within ROW, drainage, loam & seed, and sediment & erosion control. To establish the amount of the financial guarantee, the applicant shall provide the City with itemized, per unit cost estimates, and a construction schedule, at least one week before any anticipated site work. This financial guarantee shall be maintained for a period not less than three months beyond the anticipated completion of the project. The performance guarantee shall contain:

• a construction schedule, • itemized cost estimates for each element of construction taking into account

inflation, • a provision permitting the City to review the status and amount of Letter of Credit

or deposit and to require an increase if warranted by changing economic conditions or other circumstances, said determination to be made in the sole judgment and


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discretion of the City, • provisions for inspections of each phase of construction, • provisions for the release of part or all of the performance guarantee to the

developer. While partial draws are permitted, the amount of each shall be no less than twenty percent (20%) of the original amount. While partial draws may be requested upon completion of construction items, the City will determine in its sole judgment whether the requested release of funds shall be approved,

• and, a date after which the developer will be in default and the City shall have access to the funds to finish construction. Said date shall be thirty-six (36) months after the posting of the financial guarantee. All street and infrastructure construction shall be completed within thirty-six (36) months after the posting of the financial guarantee. All streets and infrastructure intended for City acceptance shall be offered to the City as outlined in Section 11.25 of the Subdivision Regulations and in Section 186-37 of City Code within ninety (90) days of said date.

14. Prior to work commencing, the applicant shall establish a construction inspection account equal to 3% of the base cost of the Letter of Credit.

15. No work shall commence until one mylar set and three paper sets of the final plans have

been received by the Planning Office, signed by the Planning Board and recorded at the York County Registry of Deeds.

16. Prior to any construction activities, the applicant and contractor shall meet with the City

Planner and City Engineer to review plans, inspection schedules and erosion control practices.

17. The final plan shall be submitted in digital format as a single composite electronic file. The

plan may be submitted on a floppy disc, CD-ROM, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. See Section 6.2.6 of the Subdivision Regulations for further detail.

18. As-built plans shall be submitted before the final release of the Letter of Credit, and shall be

submitted in digital format as a single composite electronic file. The plan may be submitted on a floppy disc, CD-ROM, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. Three paper copies and one mylar copy of the as-built plans shall be submitted.

19. Stumps generated on-site shall be ground and used on-site for erosion control, or shall be

hauled off-site. Stumps shall not be buried within the existing or proposed public right of way.

20. No wetland impacts have been permitted. Any wetland impacts associated with lot

development may be subject to permitting by lot owners, and/or developers of individual lots.

21. Proposed driveway locations to individual lots are subject to review and approval by the Department of Public Works prior to the issuance of a building permit.


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22. The design engineer shall inspect the construction and stabilization of the stormwater management pond built on the site as part of the Libby’s Landing phase of the project. Inspections shall consist of weekly visits to the site to inspect the construction (from initial ground disturbance to final stabilization of the pond) of the pond’s embankment, stormwater inlet, underdrained gravel outlet, gravel outlet filter material makeup and placement, outlet control structure, clay liner and cover material, and emergency spillway. If necessary, the inspecting engineer shall interpret the pond’s construction plan for the contractor. Once the pond is constructed and stabilized, the inspecting engineer will notify the City within 14 days to state the pond has been completed. Accompanying the engineer’s notification shall be a log of the engineer’s inspections giving the date of each inspection, the time of each inspection, and the items inspected on each visit, and include any testing data or sieve analysis data of the gravel filter media. An inspection of the underdrained gravel outlet shall also be performed by a professional engineer one year after the final stabilization of the pond. The engineer shall notify the City as to the outlet’s effectiveness and determine any maintenance items that are needed.

23. Until such time that the stormwater facilities are offered and accepted by the City, the applicant shall be required to perform routine inspection and maintenance of the stormwater facilities as outlined in the operations and maintenance manual development specifically for the site. A copy of the annual inspection and maintenance report including inspection log(s) shall be submitted annually (by July 15th of each year) to the City Public Works Department.

24. As part of the project’s as-built certification for roadway and utility infrastructure, the applicant shall provide a Stormwater Basin As-Built Certification. Prior to the issuance of a Certificate of Occupancy for any lot, the Applicant shall submit evidence in the form of a letter with as-built survey plan prepared and stamped by a Professional Engineer who either prepared the Post-Construction Stormwater Management Plan and its associated Facilities or supervised the Plan and Facilities construction and implementation. The letter or plan shall certify that the Stormwater Management Facilities have been installed in accordance with the approved Post-Construction Stormwater Management Plan and that they will function as intended by said Plan. The as-built survey plan shall be performed for all post-construction stormwater facilities to document general conformance with the approved plans.

25. After all improvements have been satisfactorily constructed, installed and inspected by the City or its agents, the developer may submit a request that the City accept the proposed street. Before the City accepts the street, the Developer is required to submit a metes and bounds description specific to the street requested to be accepted. The description shall be prepared and certified by a Registered Land Surveyor and shall reference monuments or other physical property points shown or referenced on the approved subdivision plan and record drawings as required by Article 11.23 of the Subdivision Regulations. The description shall be suitable for filing with the York County Registry of Deeds. The Planning Board shall not recommend that the City accept a street until the metes and bounds description has been furnished.

26. If the approved development is not completed within five years from the date of the granting of approval, the Board may reexamine its approval and impose additional terms or conditions or prescribe other necessary corrective action to respond to significant changes in circumstances which may have occurred during the five-year period.


5

With these Conditions and the accompanying Findings of Fact, the Saco Planning Board hereby finds that the applicant has satisfied the requirements set forth in the City of Saco Subdivision Regulations for the final plan for the Boynton Brook/Libby’s Landing subdivision amendment. Approval is hereby granted for the final subdivision plan, contingent on these Conditions of Approval. Voted by the Saco Planning Board on December 19H:\MyFiles\A Planning Files\Subdivisions 2016\Libby's Landing M124 L6\Amendment 2017\Mtg of 121917\COA LibbLand Amend 121917.docH:\MyFiles\A Planning Files\Subdivisions 2016\Libby's Landing M124 L6\Amendment 2017\Mtg of 121917\COA LibbLand Amend 121917.doc, 2017. On behalf of the Planning Board, ______________________________________________ City Planner Date

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Boynton Brook/Libby’s Landing Subdivision Final Plan Application, Determination of Completeness Meeting of December 19, 2017 6.2 The Final Plan shall include all of the information presented with the Preliminary Plan and any amendments thereto suggested or required by the Board, and:

Y 6.2.1 The metes and bounds of all lot lines.

Y 6.2.2 Lots and blocks within the subdivision numbered in accordance with local practices.

Y 6.2.3 The location of permanent reference monuments. They shall be constructed in accordance with specifications herein and their location noted and referenced upon the Final Plan.

Fee 6.2.4 Written offers of cession to the City of all public open space shown on the Plan, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained, and written evidence that the City Attorney is satisfied with the legal sufficiency of the documents. Such written evidence shall not constitute an acceptance by the City of any public open space.

6.2.5 With submittal of the Final Plan application, proof of the following approvals shall be submitted in writing, where applicable:

Y Maine Department of Environmental Protection, under the NRPA, Site Location Development Act, Alteration of Coastal Wetlands Act, Great Ponds Act, Fresh Water Wetlands Act, Alteration of Streams and Rivers Act, or a Wastewater Discharge License, if needed.

Maine Department of Human Services, if the subdivider proposes to provide a central water supply system.

Maine Department of Human Services, if a centralized or shared subsurface sewage disposal system(s) is to be utilized. The Army Corps of Engineers, under the Harbor Act or Sec. 404 of the Clean Water Act.

If individual wells serving each building site are to be used, the Board may also require the subdivider to submit the results of water quality tests.

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Memorandum

To: Planning Board Members From: Bob Hamblen Re: Six Unit Multi-Family Dwelling, Tax Map 34, Lot 18 Conditional Use, Site Plan and Subdivision Review Date: Meeting of December 19, 2017

A. Overview This six unit Multi-Family Dwelling was reviewed by the Board on Nov. 7, which resulted in approval of a conditional use permit, and the preliminary subdivision plan. Up for review at this meeting: the site plan, design review, and the final subdivision plan. The applicant has been granted a Permit By Rule by the Maine DEP for work adjacent to the unnamed stream along the easterly edge of the site. A vegetated buffer now appears on the plan, and a 75 foot setback from the centerline of the stream is also on the plan. The project would be accessed via a private one-in/one out driveway configuration. The two-bedroom units would be served by public sewer and water, and underground electric, cable, and telephone. Multi-family projects in the B-2c zone are subject to conditional use, site plan, design review, and subdivision review.

• Open space and recreational facilities are not proposed; the applicant proposes to default to paying an impact fee.

• Traffic: no capacity concerns were identified and sight distances are adequate. The applicant projects 35 Average Daily Trips (ADTs). This does not trigger the need for a traffic study. See draft impact fee recommendation in the Conditions of Approval of $675 per unit.

• The wetland delineation by Frick Associates has been reviewed by a City consultant and found to be accurate.

• Sidewalk: it is the City’s policy to add to the existing sidewalk network when the opportunity presents itself. See draft impact fee recommendation in the Conditions of Approval of $32.50 per linear foot of frontage along Ocean Park Road.

B. Finding of Completeness

• Conditional use permit – found complete at Nov. 7 meeting.





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• Site Plan Review – found complete at Nov. 7 meeting.

• Final Subdivision – see attached checklist. Application is complete. Suggested motion: “I move to

find the application for final subdivision plan review to be complete.”

• Design Review – found complete at Nov. 7 meeting.

C. Summary of Findings

• Zoning: B-2c • Project Manager: Steve Blake, P.E., BH2M • Development area: 0.4 acre • Overall parcel: 1.24 acres • Open space and Recreational Facilities: fee proposed • Lot coverage, max: 50% Proposed: 11%

D. Conclusions Staff is aware of no concerns on the part of neighbors. Unless issues become obvious at the meeting, staff would support consideration of the project being approved. Suggested motions: “I move that the Board grant approval under the provisions of the Saco Zoning Ordinance for the site plan for the 6 unit Multi-Family Dwelling proposed by applicant Plowman Development Group, LLC based on the attached Findings of Fact and Conditions of Approval dated Dec. 19, 2017.” “Move that the Board grant approval under the provisions of the Saco Subdivision Regulations for the final plan submitted for the 6 unit Multi-Family Dwelling proposed by applicant Plowman Development Group, LLC based on the Findings of Fact and Conditions of Approval dated December 19, 2017.”

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MEMORANDUM

TO: Robert Hamblen, Planner Planning Account No.: 300212 DATE: December 5, 2017 RE: 64 Ocean Park Road Tax Map 34, Lot 18

The Department of Public Works (DPW) has reviewed the revised site plan application materials for the above referenced project prepared by BH2M, dated November 30, 2017. The revised plans and responses provided by the applicant adequately address all of our previous comments.

CITY OF SACO, MAINE Saco Public Works Department Joseph A. Laverriere, P.E. – City Engineer 300 Main Street Telephone: (207) 284-6641 Saco, Maine 04072 Email: [email protected]


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Saco Planning Board

Six Unit Multi-Family Dwelling, 64 Ocean Park Road Final Subdivision Plan


1. All details will conform to City of Saco standards, including but not limited to the City of Saco

Zoning Ordinance and Subdivision Regulations.

2. A note shall appear on the Recording Plan as follows: “Failure to commence substantial construction of this subdivision within two years of the date of signing of the plan shall render this plan null and void.”

3. Approval of the final plan is conditioned upon compliance by the applicant with any and all oral


4. This approval is governed by the action taken by the Saco Planning Board for, a) the preliminary

subdivision plan application, b) the conditional use application, and, c) the site plan application, including design review.

5. No deviations from the approved plans are permitted without prior approval from the Planning

Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner.

6. A Letter of Credit, acceptable to the City of Saco, shall be established for 150% of the construction

cost of all required improvements, including but not limited to the following: utility installation, landscaping, paving, work within ROW, road construction, drainage, loam & seed, and sediment & erosion control. To establish the amount of the Letter of Credit, the applicant shall provide the City with itemized, per unit cost estimates, and a construction schedule, at least one week before any anticipated site work. This Letter of Credit shall be maintained for a period not less than three months beyond the anticipated completion of the project.

7. Prior to work commencing, the applicant shall establish a construction inspection account equal to

3% of the base cost of the Letter of Credit.

8. No work shall commence until two mylar sets and three paper sets of the final plans have been received by the Planning Office, signed by the Planning Board and recorded at the York County Registry of Deeds. Proof of recording shall be submitted to the Planning Office.






9. Prior to any construction activities, the applicant and contractor shall meet with the Public Works Engineer and City Planner to review plans, inspection schedules and erosion control practices.

10. All plans and specifications shall be provided on disk in an AutoCAD format. The final plan shall be

submitted in digital format as a single composite electronic file. The plan may be submitted on a disc, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. See Section 6.2.6 of the Subdivision Regulations for further detail.

11. As-built plans shall be submitted before the final release of the Letter of Credit.

12. Stumps generated on-site will be ground and either used on-site for erosion control or will be hauled

off-site.

13. No filling or alteration of wetlands shall be done post-development without the appropriate state or local approvals.

14. The applicant shall be responsible for providing the following basic services until

ownership/management of the property is taken over by the homeowners association:

• Snow plowing of all ways in a manner similar to that provided by the City of Saco for City streets;

• Trash pick-up from all inhabited units. This acknowledges that trash pick-up has customarily

been provided by the City to homeowners on unaccepted subdivision streets if trash containers are transported to the corner of the unaccepted subdivision street and the nearest City street. If any homeowner is further than 500 feet from said City street, the applicant shall contract with a private hauler of solid waste in order to provide private curbside pick-up for such homeowners;

• Maintenance of all roadway surfaces, drains, sewers and other utilities;

• Installation of street signs and lights. Lights are to be energized no later than at the time of

issuance of the Certificate of Occupancy to the first occupied residence in the subdivision;

• The costs of performing the provisions of this section shall be added into the bond or surety provided for in Article 8 or included in the covenant provided for in Article 8;

15. Upon completion, the overall subdivision is projected to generate 35 Average Daily Trips, a

percentage of which are anticipated to impact the Rte. 1/I-195 corridor. Based on the projected impacts of this project, a traffic impact fee of $675 per condominium unit is required, to be utilized for off-site infrastructure and access management improvements.

16. The Open Space and Recreational Facilities impact fees are assessed, at 2 x $531 = $1,062 per

unit.


17. The Fire Department/Emergency Management Services impact fee is assessed, at $312.50 per unit.

18. Pedestrian access is required by the Subdivision Regulations. A sidewalk impact fee of $32.50 per

linear foot of frontage on Ocean Park Road is due prior to the issuance of building permits. 19. Lighting installation shall be completed to the satisfaction of City staff and in compliance with

Section 805 of the Ordinance. 20. The applicant shall, in consultation with the Saco Assessing Department, determine the street

address of each unit, and the tax map and lot number of each unit, and add this information to the final plan prior to signing by the Planning Board.

With these Conditions and the accompanying Findings of Fact, the Saco Planning Board hereby finds that the applicant has satisfied the requirements set forth in the City of Saco Subdivision Regulations and in the Zoning Ordinance.

Approval for the preliminary subdivision plan and a conditional use permit are hereby granted, contingent on these Conditions of Approval. Voted by the Saco Planning Board on December 19, 2017. Signed: ______________________________________________ City Planner Date

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Saco Planning Board

Six Unit Multi-Family Dwelling, 64 Ocean Park Road

Findings of Fact – Final Subdivision Plan

December 19, 2017 The Saco Planning Board hereby finds:

1. A six unit Multi-Family Dwelling is proposed on a 27,298 s.f. parcel off Ocean Park Road just west of Cumberland Avenue. Public sewer and water and underground utilities would service the project. A proposed “one-in, one-out” driveway configuration would provide access into and from the site.

2. The record owner of the property is Plowman Development Group, LLC, 160 County Road,

Gorham ME 04038.

3. The applicant is also the owner.

4. The project manager is Steve Blake, P.E., BH2M, 28 State Street, Gorham ME.

5. The project parcel is identified as Tax Map 34, Lot 18, with an area of 0.4+/- acres, in the B-2c zoning district. Said lot is referenced as Book 17482, Page 837 in the York County Registry of Deeds.

6. The project requires review and approval per Article IX. Conditional Uses (approved Nov. 7, 2017),

Article XI. Site Plan Review, and per City of Saco Subdivision Regulations.

7. The applicant has submitted a seven (7) sheet set of survey, site and engineering plans dated May 2017 and revised through 11/30/17. The sheets are listed as follows:

1 Cover 2 Preliminary Subdivision and Site Plan 3 Utilities Plan 4 Site Grading 5 Landscaping Plan 6 Erosion Control Details 7 Standard Details

8. Traffic generated by the six proposed units would result in approximately 35 vehicle trips on a

typical weekday, with three trips in the p.m. peak hour.






9. Pedestrian needs will be addressed via a sidewalk impact fee assessed based on 216.05 linear feet of frontage on Ocean Park Road.

10. A sewer service will connect to the existing main in Ocean Park Road. Individual services will be

routed to each building. A statement of adequate capacity has been requested from the Water Resource Recovery Department.

11. A water service is proposed to extend into the subject property from the existing main in Ocean

Park Road, with individual services proposed to each building. There is an existing hydrant opposite the subject property, within the Ocean Park Road right of way. A statement of adequate capacity has been requested from the Maine Water Company.

12. Stormwater Management: sheet flow to a proposed catchbasin in the easterly end of the parking area

will be conveyed to an outlet adjacent to an unnamed stream that flows north into the I-195 right of way.

13. Wetlands: approximately 288 s.f. of wetlands are proposed for disturbance on this site, as identified

and delineated by Frick Associates. The City has employed Normandeau Associates to review the delineation, which has been confirmed.

14. Erosion and sedimentation control will be accomplished via temporary and permanent measures as

detailed on Sheet 6 of the plan set.

15. A Permit By Rule has been granted by the Maine DEP for activity adjacent to a protected natural resource and the installation of an outfall pipe, dated Nov. 28, 2017.

16. The submissions detailed above are sufficient to make a determination on the completeness of

submissions, and compliance with City of Saco Subdivision Regulations and Zoning Ordinance, of the final subdivision plan.

The Planning Board has considered the following criteria from the Subdivision Regulations, and before granting approval for the final plan has determined that:





1.1.2 Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on the existing water supply;


1.1.4 Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results;

1.1.5 Traffic. Though the proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed, the applicant has agreed with the Board that a portion of the vehicular trips generated by this subdivision will utilize the Rte. 1/I-195 corridors. The applicant agrees to make provision for offsetting this impact through the payment of $675.00 per unit, payable to the Code office upon the issuance of a building permit.

1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services;

1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste;

1.1.8 Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly

adopted subdivision regulation, zoning ordinance, and the 2011 Comprehensive Plan;

1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section based on a 9/18/17 letter from Katahdin Trust Company, and statements provided by the applicant and by BH2M;

1.1.11 Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, chapter 3, subchapter I, article 2-B, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

(1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore. (2) The frontage and set-back provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983;

1.1.12 Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;


1.1.13 Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. The subdivision is not in such an area;

1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands. Approximatley 288 s.f. of wetlands would be altered, which does not trigger the need for an NRPA permit;


1.1.16 Storm water. The proposed subdivision will provide for adequate storm water management, based on the submitted stormwater management plan and review of said plan by the City;

1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1;

1.1.18 Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision; and 1.1.19 Impact on adjoining municipality. The proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality.

Based on the foregoing, the project meets the standards of approval for the final subdivision plan, as outlined in the City of Saco Subdivision Regulations. Voted by the Planning Board on Dec. 19, 2017. On Behalf of the Planning Board, Signed:

__________________________________________ Robert H. Hamblen Date City Planner

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Saco Planning Board

Six Unit Multi-Family Dwelling, 64 Ocean Park Road Findings of Fact – Site Plan


1. A six unit Multi-Family Dwelling is proposed on a 27,298 s.f. parcel off Ocean Park Road just west of Cumberland Avenue. Public sewer and water and underground utilities would service the project. A proposed one way in, one way out driveway configuration would provide access to and from the site.


Gorham ME 04038.



5. The project parcel is identified as Tax Map 34, Lot 18, with an area of 0.4+/- acres, in the B-2c zoning district. Said lot is referenced as Book 17482, Page 837 in the York County Registry of Deeds.

6. The project requires review and approval per Article IX. Conditional Uses, Article XI. Site Plan

Review, and per City of Saco Subdivision Regulations.

7. The applicant has submitted a seven (7) sheet set of survey, site and engineering plans dated May 2017 and revised through 11/30/17. The sheets are listed as follows:

• 1 Cover • 2 Preliminary Subdivision and Site Plan • 3 Utilities Plan • 4 Site Grading • 5 Landscaping Plan • 6 Erosion Control Details • 7 Standard Details

8. Traffic generated by the six proposed units would result in approximately 35 vehicle trips on a

typical weekday, with three trips in the p.m. peak hour.






9. Pedestrian needs will be addressed via an impact fee assessed based on 216.05 linear feet of frontage on Ocean Park Road.

10. A sewer service will connect to the existing main in Ocean Park Road. Individual services will be

routed to each building. A statement of adequate capacity has been requested from the Water Resource Recovery Department.


Park Road, with individual services proposed to each building. There is an existing hydrant opposite the subject property, within the Ocean Park Road right of way. A statement of adequate capacity has been requested from the Maine Water Company.

12. Stormwater Management: sheet flow to a proposed catchbasin in the easterly end of the parking area

will be conveyed to an outlet adjacent to an unnamed stream that flows north into the I-195 right of way.

13. Wetlands: approximately 288 s.f. of wetlands are proposed for disturbance on this site, as identified

and delineated by Frick Associates. The City has employed Normandeau Associates to review the delineation, which has been confirmed.



15. A Permit By Rule has been granted by the Maine DEP for activity adjacent to a protected natural resource and the installation of an outfall pipe, dated Nov. 28, 2017.

16. The submissions detailed above are sufficient to make a determination on the completeness of submissions, and compliance with the City of Saco Zoning Ordinance, of the proposed site plan.

The Planning Board has considered the following criteria from Section 1106 of the Zoning Ordinance, and before granting approval for the site plan for a six unit Multi-Family Dwelling has determined that: 1. General – the proposed Multi-Family Dwelling meets the requirements of the City of Saco Zoning

Ordinance and is in compliance with applicable state laws and regulations.

2. Compatibility With Neighboring Buildings – the bulk, location and height of the proposed buildings are compatible with neighboring properties. Building elevations have been reviewed and found to be reasonably compatible with nearby buildings in the neighborhood.

3. Natural Features – the building, parking areas and driveway are oriented with respect to the natural features of the site, preserve the natural landscape insofar as practical, and minimize grade changes.

4. Public Safety – the Police and Fire Departments have determined that the proposed use will provide adequate access to the site, and to the building for emergency vehicles at all times of the year, and will not result in fire safety or other safety hazards.


5. Lighting – the proposed exterior lighting will not create glare, create hazards to motorists on adjacent streets, is adequate for the safety of occupants or users of the site, and will not damage the value and diminish the usability of adjacent properties.

6. Landscaping – the provisions for buffers and on-site landscaping will minimize the impact of

detrimental features of the proposed use on neighboring properties, will screen the appearance of parking areas from public rights of way and abutting properties, and meets the requirements of Section 708 and 807 of the Zoning Ordinance.

7. Off Site Impacts – the proposed use will not have a significant detrimental effect on the use of

abutting properties as a result of noise, vibrations, fumes, odors, dust or other cause. 8. Vehicle Circulation and Pedestrian Access – the provisions for vehicular loading and unloading,

parking, circulation and pedestrian movement on the site and onto adjacent public streets will not result in hazardous or unsafe conditions, and are designed in accordance with the standards of Article 7 of the Zoning Ordinance.

9. Flood Hazards – site design is in accordance with applicable flood hazard protection requirements. 10. Wastewater – the site is to be serviced by public sewer via connection to a main in the Ocean Park

Road right of way. 11. Solid Waste – adequate provision has been made for the disposal of solid waste as required by state

law and local ordinance, with a dumpster proposed on site. 12. Erosion Control – will be done according to Best Management Practices set forth by the York

County Soil and Water Conservation District and Maine DEP, and the standards of Section 806 of the Zoning Ordinance.

13. Drainage – the stormwater plan submitted is adequate to manage stormwater runoff and other

drainage conditions on the site, and is in conformance with Section 805 of the Zoning Ordinance as reviewed by the City Engineer.

14. Water Supply – via hookup to the public water system in the Ocean Park Road right of way. 15. Hazardous Materials – there are no plans for hazardous materials to be stored or utilized on the site. 16. Wildlife and Scenery – the use will not have an adverse impact on significant scenic vistas or

significant wildlife habitat – none will be impacted. 17. Traffic Conditions – the use will not result in a decrease in level of service below LOS D at

intersections, nor create unreasonable safety hazards on public roads. Projected average daily trips are 35 which works out to fewer than five trips per hour, which will have a negligible effect on existing streets and intersections.

18. Water Quality – a) surface water: the proposed use will not discharge any water pollutants, will

utilize public sewer for the disposal of sanitary wastewater, and will have negligible if any impact on


phosphorus concentration; b) ground water: the proposed use will not increase any contaminant concentration in ground water.

19. Utilities – the proposed use will not impose an unreasonable burden on sewers, storm drains, water

lines or other public utilities. 20. Special Features of Development – none. The Planning Board, following review of the application for a six unit Multi-Family Dwelling at 64 Ocean Park Road, makes these findings based on the design review criteria found in Section 729 of the Saco Zoning Ordinance:

a. Scale. The scale of the buildings, based on overall size, mass in relation to the surrounding space,

and their entrances, windows, walls, and roofline is visually compatible with the site and with characteristics of neighboring buildings and sites.

b. Height. The height of the buildings is visually compatible with the heights of buildings on

neighboring sites where practicable, as three-story buildings are proposed which is a not uncommon feature in the neighborhood.

c. Footprint and Orientation. The footprint and orientation of the proposed buildings is

compatible with the neighborhood based on the pattern of buildings and spaces along the street wall, placement of the buildings on the lot, and the building footprints in relation to lot size and to nearby buildings.

d. Materials. The relationship of materials and textures of the exterior of a building is compatible

with that of buildings with which it is visually related, or that are traditionally used in Saco.

e. Roof. The shape and proportion of the roofs are articulated so as to lend visual interest, and the roof design will screen or camouflage rooftop protrusions so as to minimize the visual clutter of rooftop installations such as air conditioning units, exhaust vents, transformer boxes, air handler units, and dish antennas.

f. Walls. The proposed building walls do not extend a length greater than fifty (50) linear feet

without an architectural feature such as a window, dormer, recessed corner, pilaster, cornice, porch or visually compatible door. The buildings are designed with a complex massing that includes varying roof lines, projections/recesses, or smaller additions to a main building.

g. Windows and Doors. The proposed windows and doors are visually compatible with the

architectural style of the building and with local architectural styles. The primary entrance shall face the street, unless the applicant can demonstrate that the circumstances of a given application merit an alternative orientation. The entrance shall be identified through the use of architectural details that may include awnings or roofs for shelter, recessing, decorative lighting, trim or railings, in addition to pedestrian walkways connecting to parking areas and public sidewalks.


h. Awnings and Canopies. Awnings (temporary and movable) and canopies (permanent) are encouraged but not required in order to visually integrate a series of buildings through compatible or coordinated placement and design. Awnings and canopies shall be integrated with the building façade, be human-scaled, and result in a consistent pattern through placement, size and shape – no awnings or canopies proposed.

Based on the foregoing, the application for the Multi-Family Dwelling meets the standards of approval for site plan review and for design review, as outlined in the City of Saco Zoning Ordinance. Voted by the Planning Board on December 19, 2017. On Behalf of the Planning Board, Signed:


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Multi-Family Dwelling, 64 Ocean Park Road Final Subdivision Plan Application, Determination of Completeness Meeting of Dec. 19, 2017 6.2 The Final Plan shall include all of the information presented with the Preliminary Plan and any amendments thereto suggested or required by the Board, and:

Y 6.2.1 The metes and bounds of all lot lines.

Y 6.2.2 Lots and blocks within the subdivision numbered in accordance with local practices.

Y 6.2.3 The location of permanent reference monuments. They shall be constructed in accordance with specifications herein and their location noted and referenced upon the Final Plan.

Fee 6.2.4 Written offers of cession to the City of all public open space shown on the Plan, and copies of agreements or other documents showing the manner in which spaces, title to which is reserved by the subdivider, are to be maintained, and written evidence that the City Attorney is satisfied with the legal sufficiency of the documents. Such written evidence shall not constitute an acceptance by the City of any public open space.

6.2.5 With submittal of the Final Plan application, proof of the following approvals shall be submitted in writing, where applicable:

Y Maine Department of Environmental Protection, under the NRPA, Site Location Development Act, Alteration of Coastal Wetlands Act, Great Ponds Act, Fresh Water Wetlands Act, Alteration of Streams and Rivers Act, or a Wastewater Discharge License, if needed.

N/A Maine Department of Human Services, if the subdivider proposes to provide a central water supply system.

N/A Maine Department of Human Services, if a centralized or shared subsurface sewage disposal system(s) is to be utilized. N/A The Army Corps of Engineers, under the Harbor Act or Sec. 404 of the Clean Water Act.

N/A If individual wells serving each building site are to be used, the Board may also require the subdivider to submit the results of water quality tests.

LESTER S. BERRY WILLIAM A. THOMPSON ROBERT C. LIBBY Jr WALTER E. PELKEY ANDREW S. MORRELL STEVEN J. BLAKE


November 30, 2017

Mr. Bob Hamblen Saco City Planner 300 Main Street Saco, Maine 04072 Re: Sea Pointe Condominiums

Proposed 6-Unit Residential Condominium Project 64 Ocean Park Road Final Subdivision Application Dear Bob; On behalf of the Plowman Development Group, we are submitting a Final Subdivision Application for a proposed 6-Unit Residential Condominium Project located at 64 Ocean Park Road. We would note that this project is now being referred to as Sea Pointe Condominiums, past submissions have referred to the project as 64 Ocean Park. In support of the Application we have enclosed the project plans and the following: Final Subdivision Application Attachment 1 – Condominium Association Bylaws Attachment 2 – Draft Declaration of Restrictions

We have reviewed the comments from DPW dated November 17, 2017. The following are our responses. We have included the original comment (italics) and our responses (bold).

1. As mentioned previously, the project is within the Goosefare Brook watershed, which is an urban impaired stream; however, the City’s threshold for requiring formal stormwater quantity and quality controls is 10,000 s.f. of new or redeveloped impervious cover. As reported by the applicant, this project will result in the creation of slightly less than 10,000 s.f.; therefore, there is no ordinance requirement for stormwater management. We have encouraged the applicant to consider installation of some stormwater controls on a volunteer basis and have even offered to assist financially with these efforts through a subgrant process available through the City and MDEP. At the last Planning Board meeting, the applicant’s representative indicated that the developer was not interested in providing any stormwater controls for this project. We believe this site has some excellent opportunities to improve stormwater quality before discharging to the natural water course that is tributary to Goosefare Brook. A low cost example would be to install a level lip spreader at the outlet of the stormdrain pipe from

17046 Ocean Park Application November 30, 2017

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the parking area and distribute flow via sheet flow through a vegetated buffer. This may also be consistent with the recent input received by the City from the MDEP with regards to buffer to the adjacent stream. We will continue to encourage the implementation of stormwater quality treatment for all projects within this watershed. Response: The plan has been revised to include a stone bermed level lip spreader located at the downstream end of the storm drain that collects runoff from the proposed parking area.

2. As the applicant may be aware, all work within 75’ of the natural resource is required to obtain a NRPA PBR from the MDEP. Response: We understand that this Application was approved by MeDEP on November 28, 2017 and a copy of the approval was sent to the City.

3. To the extent possible, the riparian buffer to the stream should be preserved and deed restricted. There is also an opportunity to improve the riparian buffer along the stream that was previously removed as part of the historical development on the site. The buffer areas should be marked in the field prior to the start of construction. Response: Sheet 1 has been revised to show buffer pins indicating the location of the deed restricted vegetated buffer area. Sheet 5 has been revised to include restoration measures for the existing developed areas within the buffer area.

4. Draft language for the buffer deed restrictions shall be submitted to the City for review and approval. As a condition of approval, a copy of the recorded deed restrictions shall be provided to the City prior to the start of construction. Response: Attached is draft language for the deed restricted buffer area. Language that was included specifically for this project has been highlighted.

If you have any questions about this application, or require any additional information for this submission please contact me. We look forward to working with you on this project and request to be placed on the next available planning board agenda. Sincerely, Steven J. Blake, PE Senior Engineer Encl. Cc B. Plowman

ATTACHMENT 1

Condominium Association Bylaws

BYLAWS

SEA POINTE CONDOMINIUM ASSOCIATION

November 13, 2017

As submitted to the Saco Planning Board

Prepared by Donna A. Bailey, Esq.

Attorney at Law

Bylaws – Sea Pointe Condominium Association Page 2

TABLE OF CONTENTS

ARTICLE 1 - INTRODUCTORY PROVISIONS. ......................................................................... 4

Section 1.1. Creation. ..................................................................................................... 4

Section 1.2. Purposes ................................................................................................ 4

Section 1.3. Application. ................................................................................................ 4

Section 1.4. Membership ............................................................................................... 4

Section 1.5. Powers. ........................................................................................................ 4

Section 1.6. Office. ......................................................................................................... 5 Section 1.7. Interpretation. ……………………………………………………………………………………… 5 ARTICLE 2 – MEETING OF UNIT OWNERS…………………………………………………………………… 5 Section 2.1. Annual Meeting……………………………………………………………………………………… 5 Section 2.2. Special Meetings ........................................................................................ 5

Section 2.3. Notice of Meetings ..................................................................................... 5

Section 2.4. Waiver of Notice. ....................................................................................... 5

Section 2.5. Order of Business................................................................................... 5

Section 2.6. Quorum ...................................................................................................... 6

Section 2.7. Adjournment .......................................................................................... 6

Section 2.8. Voting – Meetings of Unit Owners. ............................................................ 6

Section 2.9. Proxies; Balloting by Proxy. ......................................................................... 7

Section 2.10. Rules of Order. ......................................................................................... 7

ARTICLE 3 - BOARD OF DIRECTORS-GENERAL ..................................................................... 8

Section 3.1. Number, Qualifications and Election ........................................................ 8

Section 3.2. Powers of Directors. ................................................................................... 8

Section 3.3. Duties of Directors. .................................................................................... 8

Section 3.4. Committees. ............................................................................................... 9

Section 3.5. Appointment and Vacancies .................................................................. 9

Section 3.6. Removal of Directors ................................................................................ 10

ARTICLE 3-A. DIRECTORS MEETINGS ................................................................................ 10

Section 3-A.1. Meetings. .............................................................................................. 10

Section 3.A.2 Open Meeting Requirements. ............................................................... 12

ARTICLE 4 - OFFICERS ........................................................................................................ 13

Section 4.1. Designation .............................................................................................. 13

Section 4.2. Election of Officers. .................................................................................. 13

Section 4.3. Duties. ...................................................................................................... 13

Section 4.4. Auditor .................................................................................................. 15

Section 4.5. General standards for officers. ................................................................. 15

Section 4.6. Resignation and Removal. ........................................................................ 15

Section 4.7. Certification of Amendments to the Declaration and Bylaws. ................ 15


Section 4.8. Compensation of Secretary and Treasurer. ............................................. 15

ARTICLE 5 – FINANCIAL; BUDGETARY; RECORDS .............................................................. 16

Section 5.1 Accounting ............................................................................................. 16

Section 5.2. Budget Preparation and Adoption. .......................................................... 16

Section 5.3. Items in the Budget ................................................................................... 16

Section 5.3-A. Reserves. ................................................................................................ 17

Section 5.4. Revised and Special Assessments ........................................................ 17

Section 5.5. Fiscal Year ................................................................................................ 17

Section 5.6. Capital Improvements to Common Elements ...................................... 17

Section 5.7. Accounts; Compilations. ........................................................................... 18

Section 5.8. Statement of Common Expenses. ............................................................ 18

Section 5.9. Surplus. ...................................................................................................... 18

Section 5.10. Failure to Fix New Assessments. ............................................................. 18

Section 5.11. Signatures on Checks or Other Documents; Two Signatures Required. 18

Section 5.12. Recordkeeping Requirements; Inspection by Unit Owners. .................. 19

ARTICLE 6 – COLLECTION; ENFORCEMENT ....................................................................... 20

Section 6.1. Payment of Assessments, Special Charges, Etc. ...................................... 20

Section 6.2. Lien for Nonpayment. .............................................................................. 21

Section 6.3. Specific Remedies for Nonpayment of Assessments or Violations of

Rules. ............................................................................................................................. 21

Section 6.4. Due Process in Enforcement, Opportunity to be Heard; Collection of

Assessments and Fines. ................................................................................................ 22

Section 6.5. Discretion in Enforcement. ...................................................................... 22

Section 6.6. Limitations on Foreclosure Remedy ......................................................... 22

Section 6.7. Sale or Other Transfer of a Unit; Resale Certificates. .............................. 23

ARTICLE 6-A – RULES ......................................................................................................... 23

ARTICLE 7 – INDEMNIFICATION OF DIRECTORS AND OFFICERS. ..................................... 24

Section 7.1 Exculpation ................................................................................................. 24

Section 7.2 Indemnification .......................................................................................... 24

ARTICLE 8 – AMENDMENTS OF THE BYLAWS ................................................................... 25

ARTICLE 9 - GENERAL PROVISIONS; DISPUTE RESOLUTION; NOTICE ............................... 25


ARTICLE 1 - INTRODUCTORY PROVISIONS.

Section 1.1. Creation. Sea Pointe Condominium Association (the “Association”) is organized as a

Mutual Benefit Corporation under the Maine Nonprofit Corporation Act, title 13-B of the Maine Revised Statutes, in connection with the submission of Property known as the Sea Pointe, A Condominium (the "Condominium") located in the City of taco, Maine to the Maine Condominium Act.

Capitalized terms not otherwise defined in these Bylaws shall have the meanings as specified in the Condominium Act or the Declaration.

Section 1.2. Purposes. The purposes of the Association are to establish an association of Unit

owners pursuant to the Maine Condominium Act for the government, operation and maintenance of the Condominium.

Section 1.3. Application. All present and future Unit owners, mortgagees, lessees, licensees and

occupants of the Units, and any other persons who may enter upon the Property in any manner are subject to these Bylaws and to Rules adopted by the Association.

Section 1.4. Membership The members shall consist exclusively of all owners of Units in the

Condominium now or hereafter created in accordance with the Declaration or, following termination of the Condominium, of all former Unit owners entitled to the distribution proceeds or their heirs, successors and assigns. Membership is transferable only as provided in the Declaration or these Bylaws. The membership of a Unit owner shall terminate upon the conveyance, transfer or other disposition of his interest in the Unit accomplished in accordance with the Declaration, whereupon his membership and any interest in the assets of the Association shall automatically transfer to and be vested in the successor in ownership. Membership is otherwise non-transferable. A mortgage of a Unit or the grant of a security interest therein as security for an obligation shall not operate to transfer membership until a foreclosure of the mortgage or security agreement. The Association may but is not required to issue certificates of membership.

Section 1.5. Powers. The Association shall have the powers set forth in the Maine Condominium Act

and the Maine Non-Profit Corporation Act, and the specific powers set out in Section 7.2 of the Declaration, which are incorporated into these Bylaws by reference. The Association shall act through its Board of Directors, except as limited in Section 7.3 of


the Declaration and these Bylaws.

Section 1.6. Office. The principal office of the Association shall be located at the Condominium.

Section 1.7. Interpretation. In the event of any conflict or discrepancy between the Declaration, the Bylaws,

or the Rules, the provisions of the Declaration shall govern.

ARTICLE 2 – MEETINGS OF UNIT OWNERS

Section 2.1. Annual Meeting. Meetings of the members shall be held annually on a date set by the Board

of Directors, provided that such date shall be held not more than 14 months after the previous annual meeting. The annual meeting and any special meetings shall be held at the Condominium's principal office or such other place as may be designated in the Notice of Meeting.

Section 2.2. Special Meetings. Special meetings of the members may be held at any time upon the call of

the President, the Board of Directors, or twenty percent (20%) or more of the total votes in the condominium. Upon receipt of such call, the Secretary shall promptly send out notices of the meeting to all members of the Association.

Only matters described in the meeting notice may be considered at a special meeting.

Section 2.3. Notice of Meetings. Notice of annual or special meetings of Unit owners shall be given to Unit

owners by the Secretary according to Section 10.8 of the Declaration, whose provisions are incorporated herein by reference, and shall include whether it is an annual meeting or a special meeting, the authority for the call of the meeting, the place and time of the meeting, and the items on the agenda, including the general nature of any proposed declaration or bylaw amendment, any budget changes and any proposal to remove a director.

Section 2.4. Waiver of Notice. The presence of all the members in person or by proxy, at any meeting shall

conclusively establish the meeting’s validity, unless any member shall object at the meeting to the noncompliance with this Article. Any meeting so held without objection shall be valid for all purposes, and at any annual meeting any general business may be transacted and any action may be taken.

Section 2.5. Order of Business.


The order of business at all meetings of the members shall be generally as follows, if applicable:

Roll call. Proof of notice of meeting or waiver of notice. Reading of minutes of preceding meeting. Reports of Officers. Report of Board of Directors. Report of committees. Election of the Board of Directors. Unfinished business. New business. Adjournment

Section 2.6. Quorum The presence at the beginning of any meeting of the Association, in person or

by proxy of Unit owners whose aggregate voting interest is three votes or fifty (50) percent of the total votes therein, whichever is greater, shall constitute a quorum for the transaction of all business.

Section 2.6-A. Participation by Unit Owners. Unit owners must be given a reasonable opportunity at any Association meeting of

the unit owners to comment regarding any matter affecting the condominium community or the Association. The presiding officer at the meeting may limit the number and duration of such remarks.

Section 2.7. Adjournment. Any meeting of the Association may be adjourned from time to time to such

place and time as may be determined by majority vote of the members present, whether a quorum be present or not. Reasonable Email Notice of the time and place where the adjourned meeting will be continued shall be given. At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted by a quorum at the meeting as originally called.

Section 2.8. Voting – Meetings of Unit Owners. If only one of several owners of a Unit is present at a meeting of the Association,

that owner is entitled to cast all the votes allocated to that Unit. If more than one of the multiple owners is present, the votes allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of the owners. There is majority agreement if any one of the owners casts the votes allocated to that Unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the Unit.

Each Unit has the number of votes in the association as specified in Exhibit B of the Declaration, as it may be amended from time to time, and the owner or owners of each Unit may exercise that voting power in accordance with these Bylaws. By way of


example, if one person owns two Units, he or she may exercise the combined vote allocated to both Units. If two people together own one Unit, those two people have only the vote of that one Unit.

The owner of record as determined by documents on file in the York County Registry of Deeds, whether the owner be a person or persons, a partnership, limited liability company, corporation, trust, or other legal entity, shall be entitled to cast the vote of the Unit, in person or by proxy. The executor, administrator or personal representative of a deceased person may cast the vote of the person until the earlier of the date when a deed of distribution is recorded in the York County Registry of Deeds or until the authority of that fiduciary is terminated. Persons purporting to vote for trust, corporate, partnership, estate or limited liability company shall, upon request, show sufficient evidence of authority to act.

The Declarant may exercise the voting rights pertaining to any Unit to which it retains title.

No vote pertaining to a Unit owned by the Association may be cast. The voting interest of such a Unit shall not be deemed to be outstanding in determining the presence of a quorum or the percentage of approval needed to act.

There shall be no cumulative voting or splitting of votes. Upon reasonable advance notice, Members may attend meetings of the

Association via a telephonic speakerphone at which they may hear and be heard by other members, but members wishing to attend in this manner shall be responsible for the costs of providing speakerphone services. The Association shall provide reasonable cooperation in arranging such services. The President’s decisions as to such matters shall be binding.

Section 2.9. Proxies; Balloting by Proxy. Votes allocated to a Unit may be cast pursuant to a written proxy duly signed

by a Unit owner and filed with the Secretary. If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the casting of votes by the other owners of the Unit through a duly signed written proxy. A Unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over the meeting.

Any action required or permitted to be taken at a meeting of the members (to the extent not otherwise precluded by law) may be taken without a meeting if written consents, setting forth the action so taken, are signed by all the members entitled to vote on such action and are filed with the Secretary of the Association as part of the corporate records. Such written consents shall have the same effect as a unanimous vote of the members.

Section 2.10. Rules of Order. The Unit owners may adopt and amend, from time to time, Rules of Order not

conflicting with these Bylaws or the Declaration, to govern its meetings. Until the Unit owners adopt their own Rules of Order, the most current edition of Robert’s Rules of


Order shall govern the meetings of the owners.

ARTICLE 3 - BOARD OF DIRECTORS-GENERAL

Section 3.1. Number, Qualifications and Election. a. Initial Directors Appointed by Declarant. The affairs of the Association

shall be governed by a Board of Directors initially composed of three (3) Directors initially appointed by the Declarant, as set out in the Declaration.

b. Initial Election of Directors by Unit Owners after Declarant Control Period Expires. No later than the expiration of the Declarant Control Period as defined in the Declaration, the Declarant shall call a meeting of Unit owners to elect three (3) Directors, who shall serve until the next annual meeting of Unit Owners, at which time their terms shall expire.

c. Election to Staggered Terms at Annual Meeting. At the next annual meeting of Unit owners following the initial election of Directors by Unit owners, the terms of the three Directors shall expire and three new members of the Board of Directors shall be elected. At that time, one Director shall be elected for a term of one (1) year, one shall be elected for a term of two (2) years and one shall be elected to a term of three (3) years. After the expiration of said terms, the terms of the Directors shall then be three (3) years each.

d. Who Can be a Director. A Director may be an occupant of a Unit, or the owner or the spouse of a Unit owner, or if a Unit owner is a corporation, limited liability company, partnership, trust or estate, then an officer, director, member, manager, partner, trustee, beneficiary or appointed agent thereof. Other persons may be Directors, but in any case, a majority of Directors are required to be owners, spouses of owners or such agents, in accordance with Section 1603-103 (e) of the Maine Condominium Act.

e. How Long to Hold Office. The members of the Board of Directors shall hold office from the time they are elected (and no oath of office or the like is required) until the earlier to occur of the election of their respective successors or their death, adjudication of incompetency, removal or resignation. A Director may serve an unlimited number of terms and may succeed himself.

Section 3.2. Powers of Directors. The Board of Directors shall generally act on behalf of the Association, and

shall have all powers set out in Section 7.2 of the Declaration (as limited by Section 7.3 of the Declaration). These powers are incorporated into these Bylaws by reference.

Section 3.3. Duties of Directors. A Director shall discharge the Director's duties: a. In good faith;


b. With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and

c. In a manner the Director reasonably believes to be in the best interests of the Association and not for their own personal interest.

Section 3.4. Committees. The Board of Directors may create committees to assist it in its work, and name

Unit Owners and others to each committee. Unless the Board specifically delegates power to a committee, the committee shall act in an advisory role only.

Section 3.4-A. Delegation of Powers; Managing Agent. The Board of Directors may employ for the Condominium a managing agent at a

compensation established by the Board of Directors. The managing agent shall perform such duties and services as the Board of Directors shall authorize, including, but not limited to, all of the duties listed in the Act, the Declaration and these Bylaws. Where a managing agent does not have the power to act under the Act, the Declaration or these Bylaws, the managing agent may act as an advisor to the Board of Directors. The Board of Directors may delegate to the managing agent all of the powers granted to the Board of Directors by the Act, the Declaration and these Bylaws other than the following powers:

a. to adopt an annual budget and any amendment thereto or to assess Common Expenses;

b. to adopt, repeal or amend Rules; c. to designate signatories on Association bank accounts; d. to borrow money on behalf of the Association; e. to acquire mortgages on Units; f. to assign Common Elements as Limited Common Elements; and g. to nominate candidates for Director

Section 3.5. Appointment and Vacancies. Until the expiration of the Declarant Control Period, the Declarant shall

appoint replacement Directors in the event of vacancies in the Board of Directors. Thereafter, a vacancy caused by the expiration of a Director's term, the

removal of a Director by a vote of the members, or by the expiration of the Declarant Control Period shall be filled by vote of the Unit owners.

Otherwise, vacancies in the Board of Directors prior to the expiration of the term of a Director shall be filled by vote of the other Directors, even though a quorum is lacking. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.

A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.

Section 3.6. Removal of Directors.


At a special meeting of members called expressly for that purpose, the entire Board of Directors or any individual Director may be removed, with or without cause, by a vote of Unit owners as provided in this section. Such removal may be accomplished by the affirmative vote of two thirds in interest of Unit owners present at the meeting in which a quorum is present. If any or all Directors are removed at such meeting of the Unit owners, new Directors may be elected at the same meeting without express notice being given of such election.

Any Director whose removal has been proposed shall be given an opportunity to be heard at the meeting, but the Unit owners' decision shall be final.

This section shall not apply to Directors appointed by the Declarant.

Section 3.7. Compensation.

No compensation shall be paid to Directors for their services as Directors or in any other capacity, unless a resolution authorizing such remuneration shall have been adopted by the members before or after the services are undertaken.

ARTICLE 3-A. DIRECTORS MEETINGS

Section 3-A.1. Meetings. After the period of Declarant Control ends, meetings of the Board of Directors

shall be conducted as follows: a. Annual Meeting. The annual meeting of the Board of Directors shall be

held immediately following the annual meeting of the Association; no further notice shall be necessary in order legally to constitute such meeting.

b. Regular Meetings. Regular meetings of the Board of Directors (other than the annual meeting) may be held at such time and place as shall be determined, from time to time, by the Board. The Board of Directors shall hold at least two regular meetings each year.

c. Special Meetings. Special meetings of the Board of Directors may be called by the President or by the secretary upon written request of two Directors, upon 10 days’ notice, in accordance with the Declaration.

d. Notice; Waiver of Notice. Unless the meeting has been included in a schedule given to the Unit owners or the meeting has been called to deal with an emergency, the Secretary or other officer specified in the bylaws shall cause Email Notice of each regular or special Board meeting to be given to each Board member and to the Unit owners. Notice by other means need not be given to Unit owners not on the Email distribution list. The notice must be given at least 10 days before the meeting and must state the time, place, and agenda of the meeting. If any materials are distributed to the Board before the meeting, the Board at the same time shall make copies of those materials reasonably available to Unit owners, except that the Board need not make available copies of unapproved minutes or materials that are to be considered in Executive Session.


Before or after any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.

e. Quorum of the Board of Directors. At all meetings of the Board of Directors, at the presence at the beginning of a meeting of at least three Directors or of the majority of Directors then in office, whichever is less, shall constitute a quorum for the transaction of business. The acts of the majority of the Directors present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, a quorum is not present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice, provided that a quorum is present at the start of the adjourned meeting.

f. Conference Call Meetings. One or more members of the Board of Directors may participate in and be counted for quorum and voting purposes at any meetings by means of conference telephone or similar communications equipment in which all persons participating in the meeting can hear each other. Directors wishing to attend in this manner shall be responsible for initiating the arrangement of such services reasonably in advance of the meeting. The Association shall provide reasonable cooperation in arranging such services at its expense. The Board may meet by telephonic, video, or other conferencing process if:

1. the meeting notice states the conferencing process to be used and provides information explaining how Unit owners may participate in the

conference directly or by meeting at a central location or conference connection; and 2. the process provides all Unit owners the opportunity to hear or perceive the

discussion and offer comments as set out in Section 3.A-2. g. No Proxies. No proxy voting is allowed in meetings of the Board of

Directors because the duties of directors are non-delegable. h. Conduct of Meetings. The Board of Directors may adopt and amend,

from time to time, Rules of Order not conflicting with these Bylaws or the Declaration, to govern its meetings. Until the Directors adopt their own Rules of Order, the most current edition of Robert’s Rules of Order shall govern the meetings of the Directors.

The President shall preside over all meetings of the Board of Directors and the Secretary shall keep a Minute Book of the Board of Directors meetings, recording all resolutions adopted by the Board of Directors and a record of all transactions and proceedings occurring at such meetings.

i. Unanimous Action without a Meeting. Unless otherwise expressly provided by law, any action that may be taken at a meeting of the Directors may be taken without a meeting if all of the Directors sign written consents, setting forth the action taken or to be taken, at any time before or after the intended effective date of such action. Such consents shall be filed with the minutes of Directors' meetings and shall have the same effect as a unanimous vote. In such case, the


Secretary promptly shall give Email Notice to all Unit owners of any action taken by unanimous consent.

j. Emergencies; Disasters. The requirements of this Article, including notice and quorum requirements, may be waived in circumstances reasonably deemed to be an emergency by those Directors immediately available to decide and act.

Section 3.A.2 Open Meeting Requirements. The following subsections of Section 3.2-A apply after the date that the

Declarant relinquishes the right to name the members of the Board of Directors: The Board of Directors shall give timely notice reasonably calculated to inform

unit owners of the date, time and place of and topics proposed to be discussed at meetings of the Board. The notice may be given by a posting in a prominent place in the common elements or elsewhere, by e-mail or by other means, but actual notice need not be delivered to each unit owner. Failure of a unit owner to receive notice does not invalidate any action taken by the Board at the meeting. Unit owners have the right to attend meetings of the Board, subject to reasonable rules established by the executive board.

The Board may restrict or prohibit attendance by unit owners and others during executive sessions. An executive session may be held only to:

(a) Consult with the association's attorney concerning legal matters; (b) Discuss existing or potential litigation or mediation, arbitration or

administrative proceedings; (c) Discuss labor or personnel matters; (d) Discuss contracts, leases and other commercial transactions to purchase or

provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage; or

(e) Prevent public knowledge of the matter to be discussed if the Board determines that public knowledge would violate the privacy of any person.

(f) Allow an Opportunity to be Heard prior to the Board’s assessing fines and penalties against a Unit owner or others, unless the Unit owner requests that the meeting be open to other Unit owners.

A final vote or action may not be taken during an executive session c. Conference Call meetings of the Board. The Board shall make its best efforts,

given the circumstances and the technology available, to allow Unit owners, at their own expense and with prior arrangement with the Board, to listen and participate in conference call meetings of the Board.

For purposes of this section, a gathering of Board members at which the Board members do not conduct Association business is not a meeting of the Board. The Board and its members may not use incidental or social gatherings of Board members or any other method to evade the open meeting requirements of this section.


ARTICLE 4 - OFFICERS

Section 4.1. Designation. The principal officers of the Association shall be a President, a Secretary and

a Treasurer, of whom only the President need be elected from among the Directors. The Secretary and Treasurer need not be Unit owners. The Directors may appoint a Vice President, Assistant Treasurer, and an Assistant Secretary, and such other officers, none of whom need be Directors, as in their judgment may be necessary.

Section 4.2. Election of Officers. The principal officers of the Association shall be elected annually by the

Board of Directors at the annual meeting of Directors . They shall hold office at the pleasure of the Board. They shall serve until their successors are elected. Any person may hold two offices simultaneously, except that the President shall not hold any other office.

Section 4.3. Duties. The duties of the officers shall be as follows: a. President. The President shall;

1. be the chief executive officer of the Association and the chairperson of the Board of Directors.

2. be responsible for implementing the decisions of the Board of Directors and in that capacity shall direct, supervise, coordinate and have general control over the affairs of the Association and the Board of Directors, subject to the limitations of the laws of the State of Maine, the Condominium Documents and the actions of the Board of Directors.

3. preside at all meetings of the Association (but may appoint another person to preside at all or a portion of meetings of Unit Owners) and preside at meetings of the Board of Directors. If the President is absent and does not designate a person to act in his place, the senior officer in terms of service on the Board, present at such meeting shall preside, and in the absence of any officer, the body holding the meeting shall elect a person to preside.

4. have any or all of the powers and duties ordinarily attributable to the chief executive officer of a corporation domiciled in Maine, and.

5. to prepare or cause to be prepared, execute, certify and record amendments to the Declaration and the Bylaws on behalf of the Association. The President does not have the sole power to make decisions for the Board of

Directors, nor to appoint members of Board committees. All powers given to the Board shall be exercised by the Board, which may delegate execution of its decisions to the President and other Officers.

b. Secretary.


The Secretary or the Secretary’s designee shall give notices of meetings of Unit owners. The Secretary must have the capability to send Email Notices, as that term is defined in the Declaration. Unless otherwise determined by the Board of Directors, the Secretary shall:

1. keep all records of the Association and the Board of Directors; 2. give all notices as required by law, the Declaration or these Bylaws; 3. keep minutes of all meetings of the Association and the Board of

Directors; 4. keep the register of Eligible Mortgage Holders. 5. file all reports and documents required to be filed by the Association

with any governmental agency. 6. perform all duties and have such other powers as are ordinarily

attributable to the Secretary of a corporation domiciled in Maine. If the Secretary or any assistant secretary shall not be present at any meeting,

the presiding officer shall appoint a secretary pro tempore who shall keep the minutes of such meeting and record them in the books provided for that purpose.

c. Treasurer. Unless otherwise determined by the Board of Directors, the Treasurer shall: 1. have custody of, and be responsible for, all funds and securities of the

Association; 2. deposit all such funds in such depositories as the Board of Directors may

direct; 3. keep correct and complete accounts and records of all financial transactions

of the Association and the Board of Directors; 4. submit to the Board of Directors and the Association such reports as the Act,

the Declaration, the Board of Directors or these Bylaws may require. Such records shall: i. Include chronological listings of all receipts and expenditures on account

of the Common Elements, Limited Common Elements and each Unit; ii. Include the amount of each assessment for Common Expenses and

Special Charges assessable to individual Units, if any, and the amount paid and the amounts due on such assessments.

iii. Specify and itemize the maintenance, repair and replacement expenses relating to the Common Elements and the Limited Common Elements and any other expenses incurred by the Association.

5. upon request, provide a statement of unpaid assessments under Section 1603-116(h) of the Maine Condominium Act, and resale certificates under Section 1604-108(b) of the Act.

6. perform such duties and have such powers as are ordinarily attributable to the Treasurer of a Maine corporation.

Section 4.4. Auditor.


The Board of Directors may appoint some person, firm or corporation engaged in the business of auditing to act as auditor of the Association and to perform such audits and fiscal duties as may be requested by the Association, at reasonable compensation set by the Board.

Section 4.5. General standards for officers. An officer with discretionary authority shall discharge that officer's duties under

that authority: a. In good faith; b. With the care an ordinarily prudent person in a like position would exercise

under similar circumstances; and c. In a manner the officer reasonably believes to be in the best interests of the

Association and its members and not for the officer’s own personal interest.

Section 4.6. Resignation and Removal.

Upon a majority vote of the Board of Directors at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose, any Officer may be removed, either with or without cause, and his successor elected. Any Officer whose removal has been proposed, shall be given an opportunity to be heard at the meeting, but the Board's decision shall be final.

Section 4.7. Certification of Amendments to the Declaration and Bylaws. The President shall execute, on behalf of the Association, the certificate of

amendment required under Section 1602-117 (e) of the Maine Condominium Act for recording amendments to the Declaration or the Bylaws in the Registry of Deeds.

Section 4.8. Compensation of Secretary and Treasurer. The Secretary and/or the Treasurer of the Association may be compensated for

their duties, in an amount determined by the Board of Directors. Any current Secretary or Treasurer who is a member of the Board of Directors shall be subject to the conflict of interest provisions of these bylaws in voting for compensation for themselves.

ARTICLE 5 – FINANCIAL; BUDGETARY; RECORDS

Section 5.1 Accounting. Within ninety (90) days after the close of each fiscal year, the Association

shall furnish its members with a statement of the income and disbursements for such prior fiscal year and a balance sheet as of the close of that year. The Association may send this statement to those Unit owners whose email address is on the email distribution list, and shall send the statement to others by U.S. mail, postage prepaid.


Section 5.2. Budget Preparation and Adoption. The Board shall cause a proposed annual budget of Common Expenses and an

estimate of Special Charges to be prepared based on its estimate of annual income and expenses. Within 30 days after adoption of an annual or any other proposed budget or budget revision for the Condominium, the Board of Directors shall provide notice, as required by Section 10.8 (a) of the Declaration, to Unit owners. The notice shall include:

a. A summary of the budget to all the Unit owners. b. A notification of the date and time for a meeting of the unit owners to

consider ratification of the budget not less than 14 nor more than 30 days after mailing of the summary.

c. A proxy allowing the Unit owner to direct the named proxy holder (which shall be the presiding officer at the budget ratification meeting) to vote either in favor of the proposed budget, or against it.

Unless at that meeting two-thirds of all the votes in the Association (not just those present in person or by proxy) reject the budget, the budget is ratified, whether or not a quorum is present. Unit owners may express their views on the budget at the meeting, but cannot change the budget; it must either be ratified or rejected. If the proposed budget is rejected, the periodic budget last ratified by the unit owners shall be continued until the Unit owners ratify a subsequent budget proposed by the Board of Directors.

Section 5.3. Items in the Budget. The budget shall include the amount required by the Association to meet

its expenses for each fiscal year or such other fiscal period as it deems appropriate, including but not limited to the following items:

a. Management and administration expenses; b. The cost of operation, repairs, maintenance, replacement, and

improvements of the Common Elements and such Limited Common Elements and Units which the Association is responsible to pay for;

c. The cost of such insurance, bonds, services and utilities as may be furnished by the Association, other than such items for which a Special Charge is assessed;

d. Reserves, as set forth below; e. Such other expenses of the Association as may be approved by the Board of

Directors including operating deficiencies, if any, for prior periods; and f. An estimate of Special Charges.

Section 5.3-A. Reserves. The budget shall provide for the establishment and maintenance of adequate

working capital and reserves including without limitation general operating and working capital reserves, reserves for contingencies, losses not covered due to insurance deductibles for which the Association is responsible, and reserves for periodic maintenance, repair and replacement of the Common elements and Limited


Common Elements the Association is obligated to maintain, all to be held in a segregated fund in an account insured by the United States government or an agency thereof.

Section 5.4. Revised and Special Assessments. If at any time the Board shall determine the amount of the Common

Expenses to be inadequate, whether by reason of a revision in its estimate of expenses or income, the board may adopt and deliver to the Unit Owners at least thirty days prior to the date on which it becomes effective, a revised estimated annual budget for the balance of such fiscal year and thereafter monthly Common Expenses shall be determined and paid on the basis of such revised budget unless rejected by the Unit owners.

The Board may, upon determining that circumstances exist which requires immediate assessment of the Unit owners, make a special assessment in an amount not to exceed two current month’s regular assessments for each Unit unless additional amounts are approve by the Unit Owners, which shall be due and payable when delivered to the Unit Owners.

Section 5.5. Fiscal Year. The fiscal year of the Association shall be determined from time to time by

the Board of Directors.

Section 5.6. Capital Improvements to Common Elements. Proposed capital improvements exceeding Thirty-five percent (35%) of the

aggregate Common Charges against all the members over the prior fiscal year, exclusive of Special Charges and user fees, are subject to the same ratification provisions as the annual budget; including passage unless rejected by two-thirds of all the votes in the Association. Capital improvements do not include the expenses of repair, replacement and maintenance of existing improvements forming a part of the Property.

Section 5.7. Accounts; Compilations. a. Single fund authorized. All sums collected by the Board of Directors may be

commingled into a single fund. b. Accepted accounting practices required. All books and records of the

Association shall be kept in accordance with good and generally accepted accounting practices.

c. Annual verification required. Association accounts shall be verified at least once each year by an independent accountant retained by the Board of Directors.

d. Financial statements furnished to mortgagees. The Association shall make a financial statement for the preceding fiscal year available to any holder, insurer or guarantor of a first Mortgage secured by any Unit who submits a written request therefore to the Association.


Section 5.8. Statement of Common Expenses. When requested in writing, the Board of Directors shall promptly provide any

Unit owner, contract purchaser or proposed Mortgagee with a written statement of all unpaid assessments for Common Expenses and Special Charges, if any, due from such Unit owner. The Board of Directors may impose a reasonable charge for the preparation of such statement, as a Special Charge, to cover the cost of its preparation.

Section 5.9. Surplus. Unless otherwise decided by the Board of Directors, any amounts accumulated

from assessments for Common Expenses that are more than the amount required for actual Common Expenses and reserves, shall be held by the Association and applied to reduce the amounts to be raised from assessments in the succeeding year’s budget.

Section 5.10. Failure to Fix New Assessments. If there is a failure to fix new Periodic Assessments as required by the Bylaws,

the Unit owners shall pay the Periodic Assessments at the existing rate. If the Board of Directors changes the Periodic Assessment later, the difference between the new Periodic Assessment, if greater, and the previous Periodic Assessment (up to the effective date of the new Periodic Assessment) shall be treated as if it were a Special Assessment; thereafter each Unit owner shall pay the new Periodic Assessment. In the event the new Periodic Assessment is less than the previous year's Periodic Assessment, the Board of Directors may refund the surplus to the Unit owners, credit the surplus against future Periodic Assessments or retain the surplus for reserves.

Section 5.11. Signatures on Checks or Other Documents; Two Signatures

Required. All checks, drafts, notes, vouchers, bonds, acceptances, contracts, deeds,

certificates, and all other instruments except meeting notices and correspondence, shall require two signatures. One of these signatures shall be either the President, Secretary or Treasurer. The other signature may be another officer, Director, agent, manager or employee, all as the Board of Directors may designate, unless and until the Board establishes a different requirement by unanimous vote. The Board may exempt this requirement for checks in a dollar amount below a threshold established by the Board.

Section 5.12. Recordkeeping Requirements; Inspection by Unit Owners. a. Records available to Unit Owners. All financial and other records must be

made reasonably available for examination by any Unit owner and her authorized agents during reasonable business hours or at a mutually convenient time and location and upon 5 days' notice reasonably identifying the specific records

of the Association requested.


b. Information to be kept by the Association. The Association must maintain the following:

1. detailed records of receipts and expenditures affecting the operation and administration of the Association and other appropriate accounting records;

2. minutes of all meetings of its unit owners and Board, a record of all actions taken by the Unit owners or Board of Directors without a meeting, and a record of all actions taken by a committee appointed by the Board;

3. the names of Unit owners in a form that permits preparation of a list of the names of all owners and the addresses at which the association communicates with them, in alphabetical order showing the number of votes each owner is entitled to cast;

4. its original or restated Articles of Incorporation, Declaration, Bylaws and all amendments to them, and all Rules currently in effect;

5. all financial statements and tax returns of the Association for the past three years;

6. a list of the names and addresses of its current Board members and Officers;

7. its most recent annual report delivered to the Secretary of State; 8. financial and other records sufficiently detailed to enable the

Association to comply with Section 4-108 of the Maine Condominium Act (relating to information necessary for Resale Certificates);

9. current contracts to which it is a party and which are in a record; 10. records of the Board or committee actions to approve or deny any

requests for design or architectural approval from Unit owners; and 11. ballots, proxies, and other records related to voting by Unit owners for

one year after the election, action, or vote to which they relate. c. Materials which are not “Records”. The following information held by the

Association is not deemed to be a “record” and may be withheld from inspection and copying to the extent that they concern:

1. personnel, salary, and medical records relating to specific individuals; 2. contracts, leases, and other commercial transactions to purchase or

provide goods or services, currently in or under negotiation; 3. pending or potential litigation or arbitration; (4) pending or potential matters involving federal, state, or local

administrative or other formal proceedings before a governmental tribunal for enforcement of the declaration, bylaws, or rules;

5. communications with legal counsel which are otherwise protected by the attorney-client privilege or the attorney work product doctrine;

6. disclosure of information in violation of law; 7. records of an Executive Session of the Board or of any meeting of a

nominating committee ; or 8. individual Unit files other than those of the requesting owner.

d. Copy Fees. An Association may charge a reasonable fee for providing copies of any records under this section and for supervising the Unit owner's inspection.


e. Photocopying; Electronic data. A right to copy records under this section includes the right to receive copies by photocopying or other means, including copies through an electronic transmission if available upon request by the Unit owner.

f. Compilation. The Association is not obligated to compile or synthesize information. g. Commercial Purposes. Information provided pursuant to this section may not be

used for commercial purposes.

ARTICLE 6 – COLLECTION; ENFORCEMENT

Section 6.1. Payment of Assessments, Special Charges, Etc. Each Unit owner shall pay on a due date established by the Board, without

setoff, all Common Expenses and Special Charges, Special Assessments, Interest on unpaid Assessments, Fines, Late Charges, costs of collection, including attorney’s fees and revised Common Expenses due on account for that Unit, without setoff or deduction. The Common Expenses that are not otherwise assessed as Special Charges shall be assessed against all the Units in proportion to the relative Common Expense Liabilities. For budgeting and working capital purposes, the Board of Directors may charge Unit Owners monthly in advance for such Special Charges based on its reasonable estimate thereof, subject, however, to such periodic reconciliation as the Board in its discretion may deem appropriate based on the measuring system adopted by the Board.

If unpaid for fifteen (15) days after the due date, such sums shall bear interest at eighteen percent (18%) per annum from the due date until paid. In the sole discretion of the Board of Directors, an additional charge of $25.00 per assessment not paid when due may be charged.

Each member may pay his share of the Common Expenses and Special Charges in periodic installments on or before the first day of the period, provided, however, that if any such installment is not paid when due, then if not paid upon twenty (20) days written notice of default, the entire remaining balance thereof shall immediately become due and payable in full.

Multiple owners of a Unit shall each be jointly and severally liable for all sums due under this Section. This means that the Association may collect the entire amounts due from any owner.

No Unit owner may exempt himself from liability for Common Expenses by waiver of the enjoyment of the right to use any of the Common Elements or by the abandonment of his Unit or otherwise.

Payments made by Unit owners to the Association shall first be applied to late charges, interest, attorneys, fees, and the amounts due, in that order.

Section 6.2. Lien for Nonpayment. Such outstanding Common Expenses and Special Charges, fines, interest, late

fees and costs of collection, including reasonable attorneys’ fees, shall be an automatic lien on the Unit in accordance with Section 1603-116 of the Maine Condominium Act without the necessity of recording any notice of lien in the Registry


of Deeds. The Association may, however, record a notice from time to time stating the amount and nature of the lien, signed by an Officer or Director of the Association or by an agent authorized by the Board of Directors.

The lien is extinguished unless proceedings to enforce the lien are instituted within 5 years after the full amount of the assessments becomes due.

Section 6.3. Specific Remedies for Nonpayment of Assessments or Violations

of Rules. a. Denial of Use of Amenities. The Board may deny use of amenities and access

to that portion of the Common Elements (not necessary for access to the Unit) by the owner or occupant of a Unit during the time that payment for Common Expenses and Special Charges and fines are past due, and when the Unit owner or occupant has been found to have violated the Declaration, Bylaws or Rules, in accordance with the Maine Condominium Act.

b. Fines. The Association may fine a Unit owner who violates the Declaration, Bylaws or Rules. The Board may establish a schedule of fines by Rule.

c. Court Action; foreclosure. The Association may pursue its remedies through a lawsuit to recover amounts due to the association. The Association may also foreclose the lien established by this Article and given to the Association under the Maine Condominium Act; however, the right of foreclosure shall be limited as set out in Section 6.5.

d. Summary Action. The Association, through its employees and agents, may summarily remove vehicles parked in non-designated areas and remedy conditions posing a threat to health and safety.

e. Inspection. The Board and its managers and employees have the right of reasonable inspection of Units to ensure compliance with the Declaration, Bylaws and Rules.

The exercise of any one remedy shall not preclude the exercise of other remedies provided by law, the Condominium Act, this Declaration or in the Bylaws.

Section 6.4. Due Process in Enforcement, Opportunity to be Heard; Collection of Assessments and Fines.

Before exercising any remedy (except summary action as allowed in Section 6.3) or imposing any fine, the Board of Directors shall allow a Unit owner an Opportunity to be Heard in accordance with this section.

a. The Board shall send notice to the alleged violator, by certified mail, return receipt requested containing a description, in reasonable detail, of the alleged violation, and the place, date and time of a meeting at which the matter will be considered.

b. The meeting shall be held in Executive Session unless the alleged violator requests an open meeting. The meeting shall be conducted by the Board or a committee appointed by the Board. The alleged violator and his representatives may attend and explain their position. The Board may invite other interested parties to attend the meeting.


c. After hearing from the alleged violator, the Board, shall consider all the circumstances and decide whether a fine or other sanction is appropriate. It shall notify the alleged violator, in writing, of its conclusions and the reasoning for them, and actions taken.

If the alleged violator does not attend the meeting at which the alleged violation is discussed, the Board may still act because it has given the alleged violator the Opportunity to be Heard.

Section 6.5. Discretion in Enforcement. The Board may determine whether to exercise the Association's power to

impose fines and sanctions and pursue legal action for violations of the Declaration, Bylaws, and Rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The Board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

a. the Association's legal position does not justify taking any or further enforcement action;

b. the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with current law;

c. although a violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or

d. it is not in the Association's best interests to pursue an enforcement action. The Board's decision not to pursue enforcement under one set of circumstances

does not prevent the Board from taking enforcement action under another set of circumstances, except the Board may not be arbitrary or capricious in taking enforcement action.

Section 6.6. Limitations on Foreclosure Remedy The Association may not commence an action to foreclose a lien on a unit

unless: a. the Unit owner, at the time the action is commenced, owes a sum equal to at

least three [3] months of common expense assessments based on the periodic budget last adopted by the Association and the Unit owner has failed to accept or comply with any payment plan offered by the association; and

b. the Board of Directors votes to commence a foreclosure action specifically against that Unit.

If the only sums due with respect to a unit are fines and related sums imposed against the Unit, a foreclosure action may not be commenced against the Unit unless the Association has a court judgment against the Unit owner for collection of the fines and related sums.

Section 6.7. Sale or Other Transfer of a Unit; Resale Certificates. Since unpaid amounts due to the Association are a lien on the Unit, any

subsequent owner of the Unit will be liable for payment of such amounts accrued


before the transfer, without prejudice to that subsequent owners right to recover those amounts from the prior owner. Persons proposing to obtain title to a Unit may protect themselves against outstanding assessments by obtaining a Resale Certificate from the Association issued pursuant to Section 1604-108 of the Maine Condominium Act. A subsequent owner is not liable for any unpaid assessment, Special Charge or fee greater than the amount set forth in the Resale Certificate, nor shall the Unit conveyed be subject to a lien for any assessments, and Special Charges arising before the statement date in excess of the amount therein set forth.

ARTICLE 6-A – RULES a. Authority to Adopt Rules. The Board of Directors has the authority to adopt

and amend Rules concerning behavior in and use of the Common Elements and limited authority to adopt and amend Rules concerning behavior and uses within Units, as set out elsewhere in the Declaration and these Bylaws, which complement, amplify or clarify such behavior or use restrictions.

The Board may not enact rules which contravene the Maine Condominium Act, the Declaration of Condominium, the Bylaws, the Maine Non-profit Corporation Act or other state or federal law.

b. Adoption of Guidelines. The Board may adopt guidelines, carrying no penalties for violation, instead of Rules, in appropriate cases.

c. Procedure for Adopting Rules. Before adopting, amending, or repealing any rule, the Board of Directors must give all unit owners Email Notice of:

1. its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and

2. a date on which the Board will act on the proposed rule or amendment after considering comments on those changes from Unit owners.

3. Following adoption, amendment, or repeal of a rule, the Association shall notify the Unit owners of its action by Email Notice and provide a copy of any new or revised rule.

d. Schedule of Fines. The Board may adopt Rules specifying a schedule of fines for particular violations of the Rules, the Declaration or the Bylaws.

e. Limitations on Rules. 1. A rule regulating display of the flag of the United States must be

consistent with federal law. 2. The Association may adopt rules that affect the use of or behavior in

Units that may be used for residential purposes, only to: a) implement a provision of the Declaration; b) regulate any behavior in or occupancy of a Unit which violates the

Declaration or adversely affects the use and enjoyment of other Units or the Common Elements by other Unit owners; or

c) restrict the leasing of residential units to the extent set out in the Declaration.


Units.

3. Otherwise, the association may not regulate any use of or behavior in

4. The Association's internal business operating procedures need not be adopted as rules.

5. Every Rule must be reasonable. f. Repeal by Unit owners. Any Rule adopted by the Board of Directors may be

repealed by majority vote of all Unit owners (not just those who vote) at a meeting of Unit owners, at which the question of repeal is on the agenda.

ARTICLE 7 – INDEMNIFICATION OF DIRECTORS AND OFFICERS.

Section 7.1 Exculpation. No Director or Officer of the Association shall be liable for acts or defaults of

himself or any other officer or member, or for any loss sustained by the Association or any member thereof, unless the same has resulted from his own willful misconduct or gross negligence.

Section 7.2 Indemnification. The Association shall indemnify any person who was or is threatened to be made

a party against any actual, threatened, or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact he is or was an officer, director, member of a committee appointed by the Board, agent or employee of the Association against all expenses including reasonable counsel fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection therewith, excepting, however, such matters in which such person is finally adjudged by a court of competent jurisdiction to have acted with willful misconduct or gross negligence towards the Association or (absent a final adjudication thereof) excepting such matters in which the Board of Directors (excluding any interested Director) determines any such person acted with willful misconduct or gross negligence. This right to indemnification shall be in addition to any other power of the Association to indemnify as permitted by law. The Association may also maintain insurance on behalf of any person who is or was a Director, Officer, committee member, agent or employee of the Association against any liability asserted against him and incurred by him in such capacity or arising out of his status as such, whether or not the Association would otherwise have the power or duty to indemnify him.

Section 7.3 Claims. Claims against the Association, the Board of Directors or the

officers, employees or agents thereof in their respective capacities as such, or the Condominium as a whole, shall be directed to the Board of Directors of the Association, which shall promptly give written notice thereof to the Unit Owners and the Eligible Mortgage Holders and Mortgagees of Units, and such complaints shall be defended by the Association. The Unit Owners shall have no right to participate in such defense other than through the Association.


ARTICLE 8 – AMENDMENTS OF THE BYLAWS Amendments to the Bylaws are described in Article 9 of the Declaration, whose

provisions are incorporated by reference.

ARTICLE 9 - GENERAL PROVISIONS; DISPUTE RESOLUTION; NOTICE The provisions of Article 10 of the Declaration are incorporated into these

Bylaws by reference.

ATTACHMENT 2

Draft Declaration of Restrictions

DECLARATION OF RESTRICTIONS

LIMITED DISTURBANCE BUFFER AREA This Declaration of Restrictions, made this _______ day of _______, 2017, by PLOWMAN DEVELOPMENT GROUP, LLC, a Maine Limited Liability Company with an established place of business in the Town of Gorham, York County, Maine (hereinafter called “Declarant”); and WHEREAS, Declarant owns, by deed from _____________, dated ________, and recorded in the ______ County Registry of Deeds in Book _____, Page _____, certain real estate situated in the City of Saco, York County, Maine, and depicted upon Subdivision Plan dated ________, as revised through __________, approved by the City of Saco on _________, and recorded in said Registry of Deeds in Plan Book _____, Page ___ (hereinafter called the “Plan”). WHEREAS, Declarant desires to place certain restrictions, under the terms and conditions herein, over a portion of the Property, being those that portion depicted as “Vegetated Buffer” on the Plan (hereinafter referred to as the "Limited Disturbance Buffer Area"); and WHEREAS, pursuant to City of Saco Planning Board conditions of approval, Declarant has agreed to impose certain restrictions on the Limited Disturbance Buffer Area as more particularly set forth herein, and has agreed that these restrictions may be enforced by the City of Saco. NOW, THEREFORE, Declarant hereby declares that the Limited Disturbance Buffer Area is and shall be held, occupied, improved, transferred, leased and otherwise used and disposed of subject to the restrictions set forth herein, which restrictions shall be determined to run with the land and be a burden and benefit upon and to, and be enforceable by, all persons having any interest in any portion of the Property. Any present or future owner or occupant of the Limited Disturbance Buffer Area, or any portion thereof, by the acceptance of a deed of conveyance of all or part of the Limited Disturbance Buffer Area or an instrument conveying any interest therein, whether or not the deed or instrument shall so express, shall be deemed to have accepted the Limited Disturbance Buffer Area subject to the restrictions and shall be deemed to have agreed to be bound by, to comply with, and to be subject to, each and every one of the restrictions hereinafter set forth:

1. Restrictions on Limited Disturbance Buffer Area. Unless the owner of the Limited Disturbance Buffer Area, or any successors or assigns, obtains the prior written approval of the City of Saco, said Buffer Area must remain undeveloped in perpetuity. The use of said Buffer Area shall be hereinafter limited, as follows:

a. No soil, loam, peat, sand, gravel, concrete, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk waste, pollutants or other fill material may be placed, stored or dumped on the Limited Disturbance Buffer Area, nor may the topography of the area be altered or manipulated in any way, except as noted in Section 1.e and 1.f of this document.

2

b. Any removal of trees or other vegetation within the Limited Disturbance

Buffer Area must be limited to the following:

(i) No purposefully cleared openings may be created and an evenly distributed stand of trees and other vegetation must be maintained. An "evenly distributed stand of trees" is defined as maintaining a minimum rating score of 24 points in any 25 foot by 50 foot rectangle (1,250 square feet) area, as determined by the following rating scheme:

Diameter of tree at 4½ feet above ground level Points

2 - 4 inches 1 4 - 8 inches 2 8 - 12 inches 4 >12 inches 8

Where existing trees and other vegetation result in a rating score less than

24 points, no trees may be cut or sprayed with biocides except for the normal maintenance of dead, windblown or damaged trees and for pruning of tree branches below a height of 12 feet provided two thirds of the tree's canopy is maintained;

(ii) No undergrowth, ground cover vegetation, leaf litter, organic duff

layer or mineral soil may be disturbed except that one winding path, that is no wider than six feet and that does not provide a downhill channel for runoff, is allowed through the area;

c. No building or other temporary or permanent structure may be

constructed, placed or permitted to remain on the Limited Disturbance Buffer Area, except for a sign, utility pole (whether constructed of wood, steel or other materials) and appurtenant equipment such as guys and guy anchors, or fence;

d. No trucks, cars, dirt bikes, ATVs, bulldozers, backhoes, or other

motorized vehicles or mechanical equipment may be permitted on the Limited Disturbance Buffer Area;

e. Any storm drain outfall, level lip spreader, or rip rap outlet directing flow

to the Limited Disturbance Buffer Area must be regularly inspected and adequately maintained to preserve the function of the level spreader. Installation of storm drain outfalls, level lip spreaders, and rip rap outlets shown on the approved Plan and permitted by the Maine Department of Environmental Protection and the City of Saco that is shown within the Limited Disturbance Buffer shall be allowed to be constructed.

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f. Areas of existing development (i.e. existing foundations, pavement or other disturbed or developed areas shall be removed and replaced with an approved erosion control mix and allowed to revegetate naturally.

Any activity on or use of the Limited Disturbance Buffer Area inconsistent with the purpose of these Restrictions is prohibited. Any future alterations or changes in use of said Buffer Area must receive prior approval in writing from the City of Saco.

2. Enforcement. The City of Saco may enforce any of the Restrictions set forth in Section 1 above.

3. Binding Effect. The restrictions set forth herein shall be binding on any present or future owner of the Limited Disturbance Buffer Area. If said Buffer Area is at any time owned by more than one owner, each owner shall be bound by the foregoing restrictions to the extent that any of the Limited Disturbance Buffer Area is included within such owner's property.

4. Amendment. Any provision contained in this Declaration may be amended or revoked only by the recording of a written instrument or instruments specifying the amendment or the revocation signed by the owner or owners of the Limited Disturbance Buffer Area and by the City of Saco.

5. Effective Provisions of Declaration. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of this Declaration, shall be deemed a land use restriction running with the land as a burden and upon the title to the Limited Disturbance Buffer Area.

6. Severability. Invalidity or unenforceability of any provision of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration.

7. Governing Law. This Declaration shall be governed by and interpreted in accordance with the laws of the State of Maine.

IN WITNESS WHEREOF, Plowman Development Group, LLC, has caused this Declaration of Restrictions to be executed in its name and behalf by ________, its Manager, thereunto duly authorized, on this _______ day of ___________, 2017. WITNESS: PLOWMAN DEVELOPMENT GROUP, LLC ______________________________ By: ____________________________________

Its Manager

STATE OF MAINE

4

YORK COUNTY, ss. _________, 2017

Then personally appeared the above named __________, in his capacity as Manager of Plowman Development Group, LLC, and acknowledged the foregoing instrument to be his free act and deed in said capacity, and the free act and deed of said Plowman Development Group, LLC.

Before me, __________________________________

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C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\Memo Preliminary Plan 43 Cumberland Ave 121917.doc.docx

Memorandum

To: Planning Board Members From: Bob Hamblen Re: Three Unit Multi-Family Dwelling, Tax Map 28, Lot 19 Site Plan and Preliminary Subdivision Review Date: Meeting of December 19, 2017

A. Overview This three unit Multi-Family Dwelling was reviewed as a sketch plan by the Board on Oct. 3. The applicant has moved forward based on input from the meeting. The project is proposed to be accessed via a separate private driveway off Cumberland Avenue for each building. See the City Engineer’s comments for why that will not be possible. The two-bedroom units would be served by public sewer and water, and underground electric, cable, and telephone. Multi-family projects in the R-4 zone are a permitted use. Site plan, design review, and subdivision review are in play. Issues to consider:

• Open space and recreational facilities are not proposed; the applicant proposes to default to paying an impact fee.

• Traffic: no capacity concerns were identified and sight distances are adequate. The applicant projects 17 Average Daily Trips (ADTs). This does not trigger the need for a traffic study.

• The applicant’s agent has stated that no wetlands exist on the site. • See draft Conditions of Approval for suggested and/or required impact fees.

B. Finding of Completeness

Site Plan Review – see attached checklist. A waiver is requested for Sec. 1104-1.18 photometric plan; see p. 3 of 10/31/17 application – fixtures are proposed as wall mounted, full cutoff. Staff would have no problem with this waiver. Suggested motions:

“I move that the Board waive submission item Sec. 1104-1.18.” “I move to find the application for site plan review to be complete.”






• Preliminary Subdivision – see attached checklist. The applicant requests a waiver of Sec. 5.2.2(16), for streetlights, sidewalks, and curbs and gutters – see p. 4 of the application. If the Board is in agreement, then suggested motions:

“I move that the Board waive submission requirements for streetlights, sidewalks, and curbs and gutters found in Sec. 5.2.2(16) based on the reasoning provided by the applicant.” “I move to find the application for preliminary subdivision review to be complete.”

• Design Review – see attached checklist. Application is complete. Suggested motion: “I move to find the application for design review to be complete.”

C. Summary of Findings

• Zoning: R-4 • Project Manager: Steve Blake, P.E., BH2M • Overall parcel: 0.39 acre • Open space and Recreational Facilities: fee proposed • Lot coverage, max: 30% Proposed: 21.1% D. Discussion

The applicant hopes to offer an individual driveway to each of the proposed three units. Typically we look at the following section from the Ordinance, but neither subsection applies in this location:

§ 230-709 Traffic and highway access. [Amended 3-2-1992] A. Curb cuts. (1) On collectors and arterials (as identified in the 1990 "Infrastructure Inventory and Management Program"), no use or development on a single lot or on separate but contiguous lots shall have more than one curb cut serving the use or development. However, in the course of site plan review under Article XI of this chapter, the Planning Board may allow a second curb cut, provided no more than one curb cut shall be on the same public right-of-way, unless the curb cuts are designed to operate as a one-way pair. (2) Curb cuts serving lots on Routes 1, 5 and 112 and providing access to one or more of said routes shall, for each lot, be separated by at least 500 feet as measured along the street line, except if operated as a one-way pair or serving a gasoline station approved by the Planning Board, or two-family dwelling. To the extent possible, new development along these routes shall share common points of access. The Planning Board may impose reasonable conditions to require joint access on both developed and

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undeveloped lots adjoining the site. Entrances to developed commercial lots shall be kept clear of parked cars to enable good access and to prevent cars from stacking onto public roads. Joe has pointed to Ch. 186 in City Code:

§ 186-50 Permits. Permits for driveways, entrances and approaches to compact or built-up sections shall be granted as follows: A. A permit shall be issued to a property owner for a driveway, entrance or approach not to exceed 33 feet for each 175 feet or less of frontage in the compact or built-up section. (The parcel has 144.42 feet of frontage on Cumberland Ave.) B. A permit shall be issued for an additional driveway, entrance or approach, not to exceed 33 feet in width, to a property owner who has frontage of more than 175 feet on the compact or built-up section, provided that the driveways, entrances or approaches are separated by an island that shall not be less than 75 feet in width. C. A permit shall be issued for an additional driveway, entrance or approach, not to exceed 20 feet in width, to a property owner who has frontage of more than 175 feet on the compact or built-up section, provided that the driveways, entrances or approaches are separated by an island that shall not be less than 35 feet in width. D. For the purposes of this section, the words "compact or built-up section" are defined as stated in 23 M.R.S.A. § 2. E. Notwithstanding Subsections A, B and C above, a permit for a second driveway entrance may be granted to the owner(s) of a two-family dwelling if the lot and dwelling meet all of the following conditions: (1) The lot has at least 75 feet of frontage. (2) The lot is located on a street classified as a local street in the 1990 Infrastructure Inventory and Management Program or, in the case of a new street, is classified as local by the Director of Public Works, using the same standards as the 1990 report. (3) The building entrances, in the judgment of the Director of Public Works, are substantially at the opposite ends of the building as it parallels the street frontage where the driveways will be located. (4) The width of each driveway entrance does not exceed 16 feet. (5) An island width of 20 feet is maintained between the two driveway entrances.

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Both sections are silent about multi-family dwellings. It has been the practice of the Board to allow a single curb cut for just about any multi-family project that comes to mind, recognizing that it is a private drive. Staff would not be averse to a one in/one out configuration. Note that Joe/DPW also would be open to this approach. And, would not advise the Board to steer clear of allowing only a single curb cut, frankly.

E. Conclusions Staff is aware of no concerns on the part of neighbors. Unless issues become obvious at the meeting, staff would support consideration of granting preliminary subdivision approval if the curb cut issue has been resolved. Suggested motions: “Move that the Board grant approval under the provisions of the Saco Subdivision Regulations for the preliminary plan submitted for the 3 unit Multi-Family Dwelling proposed by applicant Plowman Development Group, LLC based on the Findings of Fact and Conditions of Approval dated December 19, 2017.”

C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\FOF 43 Cumberland Ave PrelimSubdiv 121917.doc.docx

Saco Planning Board

Three Unit Multi-Family Dwelling, 43 Cumberland Avenue Findings of Fact – Preliminary Subdivision Plan


1. A three unit Multi-Family Dwelling is proposed on a 17,242 s.f. parcel off Cumberland Avenue roughly 900 feet south of Ocean Park Road. Public sewer and water and overhead utilities would service the project. A separate driveway and curb cut is proposed as access to each of three buildings.


Gorham ME 04038.



5. The project parcel is identified as Tax Map 28, Lot 19, with an area of 0.395+/- acre, in the R-4 zoning district. Said lot is referenced as Book 17482, Page 839 in the York County Registry of Deeds.

6. The project requires review and approval per Article XI. Site Plan Review, and per City of Saco

Subdivision Regulations.

7. The applicant has submitted a seven (7) sheet set of survey, site and engineering plans dated August 2017 and revised through 10/31/17. The sheets are listed as follows:

Cover 1 Preliminary Subdivision and Site Plan 2 Standard Boundary Survey and Existing Conditions 3 Utilities Plan 4 Site Grading 5 Landscaping Plan 6 Erosion Control Details 7 Standard Details

8. Traffic generated by the three proposed units would result in approximately 17 vehicle trips on a typical weekday, with two trips in the p.m. peak hour.






9. Pedestrian needs will be addressed via an impact fee assessed based on 144.42 linear feet of frontage

on Cumberland Avenue.

10. A sewer service will connect to the existing main in Cumberland Avenue. Individual services will be routed to each building. A statement of adequate capacity has been provided by the Water Resource Recovery Department.


Park Road, with individual services proposed to each building. There is an existing hydrant opposite the subject property, within the Ocean Park Road right of way. A statement of adequate capacity has been provided by the Maine Water Company.

12. Stormwater Management: sheet flow from north to south rear of site.

13. Wetlands: no wetlands have been observed on the site.



15. The submissions detailed above are sufficient to make a determination on the completeness of submissions, and compliance with the City of Saco Zoning Ordinance, of the proposed site plan.

The Planning Board has considered the following criteria from the Subdivision Regulations, and before granting approval for the preliminary plan has determined that:





1.1.2 Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on the existing water supply;

1.1.4 Erosion. The proposed subdivision will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results;

1.1.5 Traffic. Though the proposed subdivision will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed, the applicant has agreed with the Board that a portion of the vehicular trips generated by this subdivision will utilize the Rte. 1/I-195 corridors. The applicant agrees to make provision for


offsetting this impact through the payment of $675.00 per unit, payable to the Code office upon the issuance of a building permit.

1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services;

1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste;

1.1.8 Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline;

1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation, zoning ordinance, and the 2011 Comprehensive Plan;

1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section based on letters from Saco and Biddeford Savings Institution and from the applicant;

1.1.11 Surface waters; outstanding river segments. Whenever situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, chapter 3, subchapter I, article 2-B, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

(1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore. (2) The frontage and set-back provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983;

1.1.12 Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;

1.1.13 Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. The subdivision is not in such an area;

1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands; none has been identified;



1.1.16 Storm water. The proposed subdivision will provide for adequate storm water management, based on the submitted stormwater management plan and review of said plan by the City;

1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1;

1.1.18 Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision; and 1.1.19 Impact on adjoining municipality. The proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality.

Based on the foregoing, the project meets the standards of approval for the preliminary subdivision plan, as outlined in the City of Saco Subdivision Regulations. Voted by the Planning Board on December 19, 2017. On Behalf of the Planning Board, Signed:


C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\COA 43 Cumberland Ave 121917.doc.docx

Saco Planning Board

Six Unit Multi-Family Dwelling, 43 Cumberland Avenue Preliminary Subdivision Plan


1. All details will conform to City of Saco standards, including but not limited to the City of Saco Zoning Ordinance and Subdivision Regulations.

2. A note shall appear on the Recording Plan as follows: “Failure to commence substantial

construction of this subdivision within two years of the date of signing of the plan shall render this plan null and void.”

3. Approval of the final plan is conditioned upon compliance by the applicant with any and all oral


4. This approval is governed by the action taken by the Saco Planning Board for, a) the preliminary

subdivision plan application, recognizing that a final subdivision plan and site plan, including design review, remain to be reviewed.

5. No deviations from the approved plans are permitted without prior approval from the Planning

Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner.

6. A Letter of Credit, acceptable to the City of Saco, shall be established for 150% of the construction

cost of all required improvements, including but not limited to the following: utility installation, landscaping, paving, work within ROW, road construction, drainage, loam & seed, and sediment & erosion control. To establish the amount of the Letter of Credit, the applicant shall provide the City with itemized, per unit cost estimates, and a construction schedule, at least one week before any anticipated site work. This Letter of Credit shall be maintained for a period not less than three months beyond the anticipated completion of the project.

7. Prior to work commencing, the applicant shall establish a construction inspection account equal to

3% of the base cost of the Letter of Credit.

8. No work shall commence until two mylar sets and three paper sets of the final plans have been received by the Planning Office, signed by the Planning Board and recorded at the York County Registry of Deeds. Proof of recording shall be submitted to the Planning Office.





C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\COA 43 Cumberland Ave 121917.doc.docx

9. Prior to any construction activities, the applicant and contractor shall meet with the Public Works Engineer and City Planner to review plans, inspection schedules and erosion control practices.

10. All plans and specifications shall be provided on disk in an AutoCAD format. The final plan shall be

submitted in digital format as a single composite electronic file. The plan may be submitted on a disc, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. See Section 6.2.6 of the Subdivision Regulations for further detail.

11. As-built plans shall be submitted before the final release of the Letter of Credit.

12. Stumps generated on-site will be ground and either used on-site for erosion control or will be hauled

off-site.

13. Upon completion, the overall subdivision is projected to generate 17 Average Daily Trips, a percentage of which are anticipated to impact the Rte. 1/I-195 corridor. Based on the projected impacts of this project, a traffic impact fee of $675 per condominium unit is required.

14. The Open Space and Recreational Facilities impact fees are assessed, at 2 x $531 = $1,062 per unit. 15. The Fire Department/Emergency Management Services impact fee is assessed, at $312.50 per unit. 16. Pedestrian access is required by the Subdivision Regulations. A sidewalk impact fee of $32.50 per

linear foot of frontage on Cumberland Avenue is due prior to the issuance of building permits. 17. Lighting installation shall be completed to the satisfaction of City staff and in compliance with

Section 805 of the Ordinance.

With these Conditions and the accompanying Findings of Fact, the Saco Planning Board hereby finds that the applicant has satisfied the requirements set forth in the City of Saco Subdivision Regulations and in the Zoning Ordinance.

Approval for the preliminary subdivision plan is hereby granted, contingent on these Conditions of Approval. Voted by the Saco Planning Board on December 19, 2017. Signed: ______________________________________________ City Planner Date

C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\729.D Design Subm 43 CumbAve 121917.doc

Three Unit Multi-Family Dwelling, 43 Cumberland Avenue Meeting of Dec. 19 Determination of Completeness Sec. 729 Design Standards D. Submissions. In addition to requirements for site plan review or for a conditional use permit,

the following information shall be submitted:

Y The plans shall include line drawings of all sides of the building or buildings. Y The proposed exterior construction materials shall be indicated, including but not limited to siding materials and roofing materials. Y Line drawings that demonstrate the style and design of windows and doors proposed for the building or buildings shall be submitted. Y The plans shall include line drawings of all proposed accessory structures, including but not limited to canopies, storage buildings, fenced enclosures, and maintenance buildings. N/A If the applicant is or represents a corporate entity that operates businesses of a similar nature in locations beyond Saco, representative color photographs of existing structures identical or similar to that proposed in Saco shall be submitted.

C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\2017-12-5 Plowman Review Memo.docx Page 1 of 1

MEMORANDUM

TO: Robert Hamblen, Planner Planning Account No.: 300228 DATE: December 5, 2017 RE: Plowman Development – Site Plan Tax Map 28, Lot 19

The Department of Public Works (DPW) has reviewed the revised site plan application materials for the above referenced project prepared by BH2M, dated November 30, 2017. The following comments and recommendations have been prepared based upon our review:

1. As mentioned previously, we are not supportive of three separate curb cuts for this development and we do not believe these are permissible through Chapter 186 of the City Code. We are supportive of the two curb cut concept, which we believe is permissible through Chapter 186 of the City Code.

2. All sanitary sewer laterals shall be 6” diameter in size and be provided with a clean out at the right-of-way line.

3. The existing sewer service lateral shall either be used to service one of the units or removed as part of the development.

4. Effective July 1, 2017, the City’s Street Opening Permit process was changed, which affects the final restoration work within the public right-of-way. In order to avoid confusion in the future, Note 2 on Sheet 3 of the plan set shall be revised to read as follows:

All work within the public right-of-way shall be subject to the terms and conditions of a Street Opening Permit to be issued by DPW. The developer shall be responsible for applying and obtaining a Street Opening Permit prior to the start of any work within the public right-of-way.

As part of the Street Opening Permit, the developer shall be responsible for the restoration and maintenance of all surfaces for a one-year period.

Pavement restoration shall include full depth placement of binder pavement thickness to match existing pavement thickness. Binder pavement placement shall be in 2” thick maximum lifts compacted. The minimum binder pavement course thickness shall be 4”. The top of the binder pavement material shall match the surrounding existing roadway surface pavement. The existing pavement joint shall receive tack coat before placement of binder pavement.

Final pavement restoration shall be performed by the City.

We look forward to discussing this project further, and would be happy to clarify any of our comments made within this review memo.

CITY OF SACO, MAINE Saco Public Works Department Joseph A. Laverriere, P.E. – City Engineer 300 Main Street Telephone: (207) 284-6641 Saco, Maine 04072 Email: [email protected]


C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\Sec 5 2 2 Prelim Plan Submissions 121917.doc

3 Unit Condominium, 43 Cumberland Avenue Preliminary Subdivision Plan Submissions Meeting of Dec. 19, 2017 5.2 SUBMISSIONS To apply for preliminary subdivision approval, an applicant must submit a properly executed application form, 15 contact prints of the preliminary plan for examination by the Planning Board and other City officials, and 15 copies of the accompanying statements. The application shall be accompanied by a fee determined under the City's cost recovery ordinance. No review of the plans will begin until the fee has been received by the city. A preliminary plan submitted to the Board shall contain the following:

Y 5.2.1 Location Plan Two location plans of the subdivision and neighboring areas within at least a 2000 foot radius at scales of 800 feet to the inch and 200 feet to the inch, showing right of way lines of all proposed streets in the subdivision and their location in relation to existing streets and readily identifiable as to locus on the Zoning Map of Saco, Maine, as most recently amended.

Y 5.2.2 Preliminary Plan The preliminary plan must be a contact print of an original drawing in permanent black ink on mylar, or other reproducible, stable based transparent originals. It must be clearly designated as "preliminary plan," drawn at the scale not less than one inch equals 100 feet. Sheets shall be 24" by 36" and plans shall be prepared by an engineer, architect, landscape architect, or land surveyor registered in Maine. Surveyed plans shall be stamped and signed. If multiple sheets are used, they must be accompanied by an index sheet as a cover showing the entire subdivision. The preliminary plan shall be prepared using the following standards:

a. Projection shall be Maine State Plane West. b. Vertical Datum shall be NAD 83. c. Units shall be measured in feet. d. Coordinates shall be shown on at least four corners of the site plan. Coordinates shall be referenced to the Maine State Coordinate System.

The preliminary plan shall contain the following information:

Y (1) Subdivision name, boundaries, acreage, tax map and lot numbers,

date and graphic scale, and a magnetic and true north arrow.

Y (2) Name and address of record owner, subdivider, and engineer, surveyor, firm, and/or individual who prepared the plan.

Y (3) An actual field survey of the boundary lines of the tract, giving

complete descriptive data by bearings and distances, made and certified by a registered land surveyor.


Y (4) Boundary lines of adjacent land and names of owners as determined from most recent tax list.

Y (5) Location, name, and present width of each street and public or

private way bounding, approaching or within 500 feet of the subdivision, and any easements within or adjacent to the subdivision.

Y (6) Locations and outlines of all existing buildings and significant site

features such as stone walls, fences, large trees (24 inch diameter breast height) or wooded areas, rock ridges and outcroppings, cemeteries, water courses, wetlands and water bodies on the site. Wooded areas, watercourses, wetlands and water bodies within 200 feet of the site shall also be identified, when possible.

Y (7) Topography with two-foot contours of existing and proposed grades

to include the demarcation of wetlands, 100-year flood elevations, and flood hazard areas.

Y (8) The location, direction, and length of every proposed street line, lot

line and boundary line established on the ground, the location of temporary markers adequate to enable the Board to locate the layout in the field, and the names of proposed streets.

Y (9) Lot lines with dimensions, zoning setback lines, and the area of each

lot in square feet and acres, and lot numbers.

Y (10) Locations of existing and proposed monuments, hydrants and the location and size of public utility facilities, sewers, culverts, drains, and water pipes.

Fee (11) Park, open, recreation, or common areas within a subdivision and a

plan of any formal recreation area. (Amended 1/30/90)

N/A (12) A plan for the management of surface drainage waters, including existing waterways and the proposed disposition of water from proposed subdivision to new or existing subsurface drainage systems with sufficient capacity to dispose of the storm flows.

Y (13) Locations and species of proposed street trees and/or wooded areas

to be retained within the sidelines of each street, and other no-cut areas.

N/A (14) Street plans and profiles showing the percent slope of each grade, and the radius, length, point of curvature and point of tangency of each curve.

N/A (15) Street plans and profiles showing proposed centerline grades and

existing ground grades at fifty (50) foot stations. All existing and proposed elevations shall be based on the U.S.C. & G.S. Datum.


Y (16) Location of all of the following proposed improvements unless specifically waived in writing by the Board: proposed monuments, parking areas, street lights, sidewalks, street signs, all utilities above and below ground, curbs, gutters, street trees, storm drainage, and all easements, service buildings and structures, and dumpsters. (Amended 1/30/90)

Y (17) Erosion control plan showing the placement of all berms, silt fences,

hay bales, sedimentation ponds and other erosion control devices, detention ponds, to the standards of the "Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices," by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, latest revision. (Amended 10/26/93)

N/A (18) Areas within or adjacent to the proposed subdivision which have

been identified as high or moderate value wildlife habitat by the Maine Department of Inland Fisheries and Wildlife or within the Comprehensive Plan. If any portion of the subdivision is located within an area designated as a critical natural area by the Comprehensive Plan or the Maine Natural Areas Program, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation.

N/A (19) The location of any identified historic and/or archaeological

resources together with a description of such features. (Amended 10/30/01) 5.2.3 Accompanying Statements and Data The applicant shall submit with the preliminary plan 15 copies each of the following statements:

Y (1) Verification of subdivider's legal right, title, or interest in the property

(deed or purchase and sale agreement.)

Y (2) A copy of the deed upon which the survey was based. A copy of all easements, covenants, and restrictions applying to the area proposed to be subdivided.

Y (3) Proposed arrangements for water supply as required by the Maine

Water Company, and a letter from the water company stating that the water supply is adequate to serve the subdivision.

N/A (4) Proposed arrangements for storm drainage, with supporting data and

design analysis, including plans and profiles showing location and size of drain lines and culverts, catch basins and manholes, and such other information as may be required to define the drainage provisions, stamped by an engineer registered in Maine, and an operating and maintenance plan for any detention basins.


Y (5) A copy of that portion of the county Soil Survey covering the subdivision superimposed on a copy of the plan. When the medium intensity soil survey shows soils which are questionable for the uses proposed, the Planning Board may require the submittal of a high intensity soil survey.

Y (6) An estimate of the amount and type of traffic to be generated daily

and at peak hours. For developments involving 40 or more parking spaces or projected to generate more than 200 vehicle trips per day, a traffic impact analysis, prepared by a traffic engineer, shall be submitted. The analysis shall show, at a minimum, the expected average number of vehicle trips per day, peak-hour volumes, access conditions at the site, distribution of traffic, types of vehicles expected, effect upon the level of service of the street giving access to the site, neighboring streets which may be affected, the intersection(s) nearest to the site and other intersections which may be affected, and recommended improvement to maintain the level of service on the road.

Y (7) (A) The names, addresses and tax map and lot numbers of owners of

record of adjacent property, including any property directly across an existing street from the subdivision, and (B) the names, addresses and tax map and lot numbers of owners of record of all property within 600 feet of the subdivision.

Fee (8) Description of how proposed open space will be owned and

managed.

N/A (9) When sewage disposal is to be accomplished by subsurface disposal systems, test pit analyses prepared by a Licensed Site Evaluator shall be provided. A map showing the location of all test pits dug on the site shall be submitted. (The plumbing inspector must be notified before test pits are dug.)

Y (10) Proof of financial and technical capacity as described in Article 8.7

and 8.8. (Amended 5/30/89)

(11) Reserved.

(12) (Reserved) (Amended 10/26/93)

Y (13) The anticipated amount of land to be covered by buildings and structures expressed in square feet and as a percentage of the site and lots.

Y (14) The anticipated amount of land to be covered by buildings,

pavement, and other impervious coverage expressed in square feet, percentage of site, and percentage of lot.


N/A (15) If the project is subject to the stormwater quality standards of section 10.12.4, a stormwater quality management plan that includes the following:

a. A narrative describing how the site is oriented within the watershed,

identifying downstream waterbodies including wetlands, and addressing the potential effects of site runoff. The narrative shall identify and discuss the stormwater treatment methods proposed to be used on the site.

b. A plan showing relevant existing contours, proposed contours,

existing and proposed subwatersheds, proposed topographic features, and existing and proposed site features including buildings and other facilities, natural and manmade drainageways, streams, channels, culverts, catch basins, and stormwater treatment facilities. The plan shall include detail drawings of the stormwater Best Management Practices proposed to be used and the location of both structural and non-structural BMP’s.

c. Calculations demonstrating that the proposed stormwater treatment

facilities will meet the standards of Section 10.12.4.

A stormwater facilities management plan which sets forth the types and frequencies of proposed maintenance activities needed to maintain the efficiency of the stormwater treatment facilities and which identifies the party that will be responsible for carrying out each maintenance activity and for submitting the Annual Maintenance Report and the proposed institutional arrangements that will assure that all maintenance occurs as proposed. (Amended 10/30/01)

C:\Users\edwama\Desktop\43 Cumberland Ave revised submission 11-30-17\Section 1104 Submissions 43 Cumberland Ave 121917.doc

3 Unit Multi-Family Dwelling, 43 Cumberland Avenue Site Plan Review Submissions for Dec. 19, 2017 Section 1104. Submission Requirements 1104-1. BASIC INFORMATION When the applicant or his authorized agent makes formal application for site plan review, his application shall contain at least the following exhibits and information. The Planning Board or the City Planner may require the submission of additional information if the submissions below are insufficient to determine whether the application meets the criteria for approval. (For minor site plans submitted under Section 1103-7, four (4) copies of items 1, 2, 3, 4, 8, 9, 11, 12 and 15 from the list below shall be submitted. The City Planner may require additional submissions if these are inadequate to evaluate the plan.) Y 1. A fully executed and signed copy of the application for site plan review. Y 2. Twelve (12) copies of a site plan on paper not larger than 24 by 36 inches nor

smaller than 11 by 17 inches, drawn at a scale sufficient to allow review of the items listed under the approval criteria herein, but at not more than 50 feet to the inch for that portion of the total tract of land being proposed for development. The site plan shall show the following: (Amended 2/19/02)

Y a) owner's and applicant's name and address, names and addresses of

consultants who aided in preparing the plan, if any, and the name and address of the person or company leasing the property, if applicable, and, in order to establish right, title and interest, a deed, an executed lease, option, or purchase and sale agreement;

Y b) names and addresses of all abutting property owners; Y c) sketch map showing general location of the site within the city and north

arrow; Y_ d) boundaries of the property and of all contiguous property under the

control of the owner or applicant regardless of whether all or part is being developed at this time;

Y e) zoning classification(s) of the property and the location of zoning district boundaries if the property is located in two or more zoning districts or abuts a different zone.

Y f) the location and width of all building setbacks required by the Zoning Ordinance;

Y g) the location and delineation of site elements, including: all existing and proposed buildings (including dimensions where appropriate), driveways, sidewalks, parking spaces, loading areas, open spaces, large trees, wetlands preservation measures and protection measures, stormwater control facilities, dumpsters and recycling facilities, etc. (Amended 2/19/02)

Y h) the location and widths of nearby streets.


Y i) The location and delineation of natural resource areas, historic features and archaeological features of the site including, but not limited to floodplains, wetlands, open drainage courses, sand and gravel aquifers, scenic areas, significant wildlife habitats, habitat areas for rare and endangered plants and animals, deer wintering areas, stands of trees, stone walls, graveyards, fences, unique natural areas, historically significant structures or features, archaeologically significant features, or other important Unusual Natural Areas and site features. (Amended 2/19/02; 2/17/04-3/18/04)

Y 3. Copies of existing and proposed easements, covenants, or deed restrictions. N/A 4. Copies of applicable local and state approvals and permits, provided however,

that the Planning Board or in the case of minor site plans the City Planner, may approve site plans subject to the issuance of specified state licenses and permits in cases where it determines that it is not feasible for the applicant to obtain them at the time of site plan review.

Y_ 5. Names and addresses and tax map and lot numbers of all property owners within

six hundred (600) feet of the applicant's property if it is located in the Conservation District, any industrial district, the Resource Protection District or the R-1, R-2, and R-4 districts, or within two hundred (200) feet when the applicant's property is located in the R-3 District or any business district.

N/A_ 6. For site plans in which ten thousand (10,000) square feet of impervious surface

will be created, a storm water drainage plan, prepared by a registered Maine Professional Engineer, showing:

Y a) the existing and proposed method of handling storm water run-off; Y b) the direction of flow of the run-off through the use of arrows; Y c) the location, elevation, and size of all catch basins, dry wells, drainage

ditches, swales, retention basins, and storm sewer engineering calculations used to determine drainage requirements based upon the 2, 10, 25 and 50 year 24 hour storm event that show the predevelopment and postdevelopment runoff rates. If the postdevelopment runoff rate exceeds the predevelopment runoff rate on-site mitigation measures, such as detention basins or flow restrictors, shall be required unless a drainage plan prepared by a Maine registered engineer demonstrated that the increase has no adverse impact to the downstream conditions.

Y 7. Existing and proposed topography of the site at two (2) foot contour

intervals, or such other interval as the Board may determine. Y 8. A utility plan showing provisions for water supply and wastewater disposal

including the size and location of all piping, holding tanks, leach fields, and showing the location and nature of all electrical, telephone and any other utility services to be installed on the site.

Y 9. A landscape plan, with a planting schedule keyed to the site plan and indicating


the varieties and sizes of trees, shrubs and other plants to be planted on the site. Y 10. A standard boundary survey by a registered land surveyor showing the location

of all property lines. The Board may waive the requirement of a boundary survey when sufficient information is available to establish, on the ground, all property boundaries.

W 11. The location, size and character of all signs. Y_ 12. A waste disposal plan describing how all solid waste will be handled on site, how

it will be removed from the site, the disposal facilities to which it will be transported, and, if the waste is of an unusual nature, information indicating that a suitable disposal facility will accept the waste. For businesses which use industrial chemicals and produce hazardous waste, the name, amount, and nature of all chemicals used, and the manner of disposal of all chemical, hazardous and industrial wastes.

Y 13. A medium intensity soils map of the site. (This may be obtained at the Planning

Office.) The Board may require a high intensity soils map if issues of water quality, wetlands, or other natural constraints are noted.

N/A 14. For projects which will create over ten thousand (10,000) square feet of

impervious surface, a plan showing the methods of controlling erosion and sedimentation both during and after construction, including a written description of these methods and a schedule for implementing them in accordance with the requirements of the York County Soil and Water Conservation District.

Y 15. An estimate of the amount and type of traffic generated daily and at peak hours.

For sites that generate more than four hundred (400) vehicle trips per day, a traffic impact analysis, prepared by a registered professional engineer with experience in traffic engineering and transportation, shall be submitted. The analysis shall show, at a minimum, existing traffic volumes, proposed traffic generation, proposed access, types of vehicles expected, effect on level of service within the study area, sight lines, and accident history in the study area. The report will recommend improvements both on site and off site to meet the requirements of this ordinance.

N/A 16. A hydrogeologic assessment may be required by the Board for projects in which

groundwater quality is a concern. Such instances include, but are not limited to, sites:

A. Over a sand and gravel aquifer; B. Not served by public water or sewer; C. Where the depth to groundwater is less than 48 inches; D. In soils rated by the SCS Soil Survey as poor or very poor for subsurface septic

systems; E. In coarse soils categorized as having "severe" limitations for septic systems; F. Where a septic system of over 2000 gallons per day is proposed.

When a hydrogeologic assessment is submitted, the assessment shall contain at least the following information:


__ A. A map showing the basic soil types; __ B. The depth to the water table at representative points throughout the lot; __ C. Drainage conditions throughout the project; __ D. Data on the existing ground water quality, from test wells in the project or

from existing wells on neighboring properties; __ E. A map showing the location of any subsurface wastewater disposal systems

and drinking water wells within the project and within 200 feet of the project boundaries;

__ F. An analysis and evaluation of the effect of the project on ground water resources. In the case of residential developments, the evaluation shall, at a minimum, include a projection of post development nitrate - nitrogen concentrations at any wells within the project, at the project boundaries, and at a distance of one thousand (1000) feet from potential contamination sources, whichever is a shorter distance. Projections of ground water quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

N/A 17. If the project is subject to the stormwater quality standards of Section 805-2,

a stormwater quality management plan that includes the following: __ a. A narrative describing how the site is oriented within the watershed,

identifying downstream waterbodies including wetlands, and addressing the potential effects of site runoff. The narrative shall identify and discuss the stormwater treatment methods proposed to be used on the site.

__ b. A plan showing relevant existing contours, proposed contours,

existing and proposed subwatersheds, proposed topographic features, and existing and proposed site features including buildings and other facilities, natural and manmade drainageways, streams, channels, culverts, catch basins, and stormwater treatment facilities. The plan shall include detail drawings of the stormwater Best Management Practices proposed to be used and the location of both structural and non-structural BMPs.

__ c. Calculations demonstrating that the proposed stormwater

treatment facilities will meet the standards of Section 805-2.

__ d. A stormwater facilities management plan which sets forth the types and frequencies of proposed maintenance activities needed to maintain the efficiency of the stormwater treatment facilities and which identifies the party that will be responsible for carrying out each maintenance activity and for submitting the Annual Maintenance Report and the proposed institutional arrangements that will assure that all maintenance occurs as proposed. (Amended 6/18/2001)

W 18. A lighting plan, prepared by a qualified lighting professional, showing at least the

following at the same scale as the Site Plan:

__ a. The location of all buildings, landscaping, parking areas, and proposed


exterior lighting fixtures; __ b. Specifications for all proposed lighting fixtures including photometric data,

designation as “cut-off” fixtures, Color Rendering Index (CRI) of all lamps (bulbs), and other descriptive information on the fixtures;

__ c. The proposed mounting height of all exterior lighting fixtures; __ d. Analyses and illuminance level diagrams or photometric point by point

diagrams on a twenty foot grid showing that the proposed installation conforms to the lighting level standards of this ordinance together with statistical summaries documenting the average illuminance, maximum illuminance, minimum illuminance, average to minimum uniformity ratio, and maximum to minimum uniformity ratio for each parking area, drive, canopy, and vehicle sales or storage area; and

__ e. Drawings of all relevant building elevations showing the fixtures, the portions of the walls to be illuminated, the illuminance levels of the walls, and the aiming points for any remote light fixtures.

N/A 19. ARCHAEOLOGICAL OR HISTORICAL SITES Any proposed land use

activity involving structural development or soil disturbance on or adjacent to sites listed on, or known by the City to be eligible to be listed on the National Register of Historic Places shall be submitted by the applicant to the Maine Historic Preservation Commission and the Saco Historical Preservation Commission (as appropriate) for review and comment prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commissions prior to rendering a decision on the application. (Amended 2/19/02)

Section 1105. Waiver of Submission Requirements The Planning Board, or in the case of a minor site plan, the City Planner, may waive any of the submission requirements of this Article when it determines that the scale of the project is of such limited size or the project is of such a nature as to make the information unnecessary.

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WILLIAM A. THOMPSON ROBERT C. LIBBY Jr WALTER E. PELKEY ANDREW S. MORRELL STEVEN J. BLAKE


November 30, 2017 Bob Hamblen Saco City Planner 300 Main Street Saco, Me. 04072 Re: 43 Cumberland Avenue – Comment Responses Dear Bob; We have reviewed the comments from the Public Works Department, dated November 15, 2017. The following are our responses. We have included the original comment (italics) and our responses (bold).

1. As mentioned during the sketch plan application, this project is within the Goosefare Brook watershed, which is an urban impaired stream as well as a watershed management plan that has been approved by MDEP. For sites such as this that do not create more than 10,000 s.f. of new or redeveloped impervious cover, formal stormwater quality and quantity controls of Section 805 of the Ordinance are not required.

As part of our efforts to improve water quality in the Goosefare Brook watershed, we have been routinely discussing these issues with applicants and requesting consideration for providing stormwater quality treatment provisions for some portion of the project. This is not an ordinance requirement, but rather a voluntary request at this time.

As part of the City’s 319 Grant for Implementation of Stormwater Retrofits within the Goosefare Brook Watershed, this project may be eligible for some financial assistance through the City to construct a stormwater retrofit through the “Private Property Stormwater Retrofit Matching Grants”.

We believe this site has some excellent opportunities to improve stormwater quality before discharging to the natural water course that is tributary to Goosefare Brook and we will continue to encourage the implementation of stormwater quality treatment for all projects within this watershed.

Response: The Applicant has considered this request and understands that the Grant Program is voluntary. At this time, the Applicant is not considering applying for the Grant.

17069 Response Letter November 30, 2017

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2. Regardless of whether formal stormwater management controls are provided, the grading plan as currently submitted results in surface runoff from significant portions of the impervious area from the site being directed towards the abutting property to the southwest, which is likely to result in an adverse impact to the abutter. Revisions to the grading plan are recommended to mitigate this condition.

Response: The grading plan has been revised to include a swale that runs along the southwest property line. The swale will redirect runoff to flow towards the southern corner of the Applicant’s property. There is what appears to be a well-defined natural drainage channel less than 100 feet from the southern corner of the Applicant’s property that the runoff will be directed towards. Refer to the attached Sheet 4 for revised grading.

3. This A multi-family development, such as this, is prohibited from having multiple curb cuts onto the local roadway system. Furthermore, the City Code, Chapter 186 “Streets and Sidewalks”, Article V contains the following restrictions on all driveways and entrances

§ 186-50Permits.

Permits for driveways, entrances and approaches to compact or built-up sections shall be granted as follows:

A. A permit shall be issued to a property owner for a driveway, entrance or approach not to exceed 33 feet for each 175 feet or less of frontage in the compact or built-up section. B. A permit shall be issued for an additional driveway, entrance or approach, not to exceed 33 feet in width, to a property owner who has frontage of more than 175 feet on the compact or built-up section, provided that the driveways, entrances or approaches are separated by an island that shall not be less than 75 feet in width. C. A permit shall be issued for an additional driveway, entrance or approach, not to exceed 20 feet in width, to a property owner who has frontage of more than 175 feet on the compact or built-up section, provided that the driveways, entrances or approaches are separated by an island that shall not be less than 35 feet in width. D. For the purposes of this section, the words "compact or built-up section" are defined as stated in 23 M.R.S.A. § 2. E. Notwithstanding Subsections A, B and C above, a permit for a second driveway entrance may be granted to the owner(s) of a two-family dwelling if the lot and dwelling meet all of the following conditions:

(1) The lot has at least 75 feet of frontage. (2) The lot is located on a street classified as a local street in the 1990 Infrastructure Inventory and Management Program or, in the case of a new street, is classified as local by the Director of Public Works, using the same standards as the 1990 report. (3) The building entrances, in the judgment of the Director of Public Works, are substantially at the opposite ends of the building as it parallels the street frontage where the driveways will be located. (4) The width of each driveway entrance does not exceed 16 feet. (5) An island width of 20 feet is maintained between the two driveway entrances

Response: Our understanding, based on previous feedback provided by Staff, was that Cumberland Avenue was not classified as a Collector or Arterial Road and that Section 709.A.(1) of the Zoning Ordinance would not limit the project to one curb cut. The current design of three curb cuts, in the Applicant’s opinion is the most marketable for these units. As an alternative, if the three driveway cuts are not supported by the Board, we have included a concept with two driveway cuts. Refer to Sheet 4, attached.

17069 Response Letter November 30, 2017

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4. The proposed utility pole is a private service drop and shall be located outside of the public right-

of-way.

Response: The proposed utility pole has been relocated as requested. See Sheet 3, attached. Enclosed are revised plans for review. If you have any questions, please feel free to call. Sincerely, Steven J. Blake, P.E. Senior Engineer Cc: B. Plowman

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