A. Summary: The applicant proposes to subdivide an approximately 72 acre parcel of land into 76 lots ranging in size from approximately .34 to 0.66 acres, all as shown on a set of 17 plan sheets, the first of which is entitled "Gateway Commons Gorham, Maine," drawn by Sebago Technics, dated April 14, 1997, and last revised January 7, 1998. The project will be developed in four phases. Approximately 33.31 acres of the site will be preserved as common open space. One area of the open space is field, and one area is wooded. A Portland Water District right of Way bisects the site from north to south, and occupies approximately 6.78 acres of the project area. The site is located on the north side of Main Street or Route 25, in the Town of Gorham, Maine.

The proposed project will require a Natural Resources Protection Act (N.R.P.A.) Tier I Wetland alteration Permit for the filling of 12,250 square feet of freshwater wetland for the construction of the access roads.

B. Current Use of Site: The site of the proposed project was a portion of a larger old family homestead. A house, an old sawmill, and a lumber storage shed are on the site, next to Route 25. They have fallen into disrepair and are scheduled to be disposed of in a controlled burn by the Gorham fire Department for a training exercise. The remaining acreage is predominantly old field and forest.

2. FINANCIAL CAPACITY:

The total cost of the project is estimated to be $1,956,278. The applicant has submitted a letter from Northeast Bank, dated September 25, 1997, indicating that they have an interest in financing this project, provided the applicant secures all necessary permits. Prior to construction, the applicant must submit evidence of the final financial arrangements to the Bureau of Land and Water Quality, for review and approval.

3. TECHNICAL CAPACITY:

The applicant has provided a list of projects it has successfully constructed and resume information for key persons involved with the project. Many of the residential development projects that the applicant has been involved in required site location review. The applicant has also retained the services of Sebago Technics, Inc., a professional engineering firm, to assist in the design and engineering of the project.

4. SOLID WASTE:

When completed the proposed project is anticipated to generate 1018 cubic yards of general sold waste per year. All general solid wastes from the proposed project will be disposed of at Regional Waste Systems (RWS) in Portland. RWS is currently in substantial compliance with the Solid Waste Management Regulations of the State of Maine.

No demolition debris will be generated on this project. Construction debris associated with house construction is the responsibility of each individual subcontractor. Kasprzak Inc. is the general contractor, however, and will specify in all it’s subcontracts that all construction debris disposal will be directed to the City of Portland’s Riverside Street site or to the Town of Windham site. No burning or burial of material will be permitted on site.

The stumps and grubbings will be ground on site by a portable stump grinder and used as mulch in the stabilization of ditch backslopes and for erosion control, burned and worked into the soil, or transported off site for disposal by the applicant’s subcontractors at Portland’s Riverside Street site or at the Town of Windham disposal site.

5. WATER SUPPLY:

When completed the proposed project is anticipated to use 22,800 gallons per day of water. Water will be supplied by the Portland Water District. The applicant has submitted a letter from the district dated June 17, 1997, indicating that they will be capable of servicing this project.

6. NATURAL DRAINAGE WAYS:

The topography of the site has moderate slopes and rolling hills which conv4ey runoff to two drainage channels that cross the site traveling in an easterly direction. These two drainage channels combine easterly of the site and flow into Mosher Brook, which flows into the Presumpscot River. The southern of the two channels flows more or less parallel with Route 25. It currently is culverted under the existing driveway. This project will improve this culvert at the "Gateway Commons Drive" entrance and add another culvert for "Portal Way" entrance approximately 360 feet downgradient. The northern of the two channels will be culverted under Gateway Commons Drive.

7. STORMWATER RUNOFF:

The applicant has submitted a stormwater management plan for the site based on estimates of the pre-development and post-development runoff flows for the 2, 10 and 25 year storms using the methodology outlined in "Urban Hydrology for Small Watersheds", Technical Release #55, U.S.D.A., Soil Conservation Service.

The Phase I stormwater management plan calls for the construction of drainage ditches which discharge to wooded buffers via two level lip spreaders. One spreader will be adjacent to Gateway Commons Drive and one will be adjacent to Clearview Drive. Construction details are shown on sheets 4 and 7 of the plans. Detention in peak runoff will be achieved by installing a restrictive orifice at two different culvert crossings. Water quality will be controlled by over land flow through a wooed buffer. This system will be used until Phase II construction of a detention basin is completed.

The Phase II stormwater management plans calls for construction of a detention basin as shown on the plans which will control the peak flow rates to at or below pre-development levels before it leaves the site. The Phase I stormwater management system will be discontinued and the runoff will be routed to the detention basin. Phase III and Phase IV development runoff will also discharge to the detention basin. The final plan has been reviewed by the Cumberland County Soil and Water Conservation District which has commented that, based on the information presented, the plan meets the standards set forth by the Department.

8. EROSION AND SEDIMENTATION CONTROL:

The applicant has submitted an Erosion and Sedimentation Control Plan as Section 24 of the application. This plan and plan sheets containing erosion control details have been reviewed by, and revised in response to the comments of, the Cumberland County Soil and Water Conservation District which has found the revised plans to be in accordance with Department standards for erosion and sediment control

9. SURFACE WATER QUALITY:

The proposed project is not within the watershed of a lake or great pond. No discharges to surface waters are proposed with the exception of stormwater.

Approximately 12, 250 square feet of wetland will be filled in several areas to construct access roads. Avoidance of the wetland and minimization of impacts have been accomplished to the greatest extent possible. No compensation is required for this wetland impact and no other wetland impact is approved for individual lot construction.

Building set back lines have been established to maintain at least 25 foot natural buffers along the two intermittent streams. Cutting of trees or disturbing of natural topography or ground cover is prohibited within the natural buffers except that dead wood may be removed. Roads as depicted on the plan, drives and footpaths may be located within the buffers. Deeds to the individual lots will contain covenants to this effect. No individual lot owner may obtain a N.R.P.A. permit without first obtaining a modification of this Site Location of Development permit or obtaining written agreement from the Department that a modification to the permit is not necessary.

A water quality wet pond will be constructed as part of Phase II. The pond will collect the first half inch of runoff from the roadway infrastructure and lot areas.

10. GROUNDWATER QUALITY:

The project site is not located over a sand and gravel aquifer or a fractured bedrock aquifer. The project does not propose any withdrawal from, or discharge to, any groundwater.

11. BUFFER STRIPS:

This project is a cluster development, with a 20-30 foot undisturbed buffer retained along the western boundary and a 50-100 foot undisturbed buffer on the northern and eastern perimeter of the project site. The southern boundary along Route 25 will retain an undisturbed buffer of 110 feet except for the entrance roads. The undisturbed buffers are part of the Common Open Space. The approximate 32 acre Common Open Space will be owned and maintained by the developer until a majority of the lots have been sold and the Homeowner’s Association is activated.

12. HISTORIC SITES AND UNUSUAL NATURAL AREAS:

The project site has been reviewed by the Maine Historic Preservation Commission which has found that the proposed project will have no effect upon any structure or site of historic, architectural, or archaeological significance as defined by the National Historic Preservation Act of 1966.

13. SCENIC CHARACTER:

No adverse impacts on scenic character are anticipated.

14. WILDLIFE AND FISHERIES:

The proposed project has been reviewed by the Maine Department of Inland Fisheries and Wildlife (IF&W). In its comments IF&W stated that they found no records of any deer wintering areas, essential and/or significant wildlife habitat, or other special wildlife habitats associated with this site. The project will result in the cumulative loss of habitat. No fisheries concerns were identified.

15. SOILS:

The applicant has submitted a high intensity soil survey of the project site and a summary of soils limitations prepared by a certified soils scientist. This summary indicates that the soils on the site present no limitations to the proposed project which cannot be overcome through standard engineering practices.

16. WASTEWATER DISPOSAL:

When completed the proposed project is anticipated to generate 22,800 gallons per day (gpd) to the Portland Water District’s Westbrook wastewater treatment facility. The applicant has agreed with the Town of Gorham to extend the existing sewer lines to serve this project. The applicant has submitted a letter from the Portland Water District indicating that it will accept these flows. This project has been reviewed by the Division of Water Resource Regulation of the Bureau of Land and Water Quality which has indicated that the Portland Water District has the capacity to treat these flows and is operating in substantial compliance with the water quality laws of the State of Maine.

17. FLOODING:

The proposed project is not located within the 100 year floodway of any river or stream and is not anticipated to cause or increase flooding or cause an unreasonable flood hazard to any structure.

18. MAINTENANCE OF COMMON FACILITIES:

A homeowners’ association will be established which will be responsible for the maintenance of all common facilities including the 32 acre open space, the road and stormwater management system, which maintenance will include, but not be limited to, any necessary erosion control measures. Prior to the formation of the homeowners’ association the applicant will be responsible for all such maintenance. The town may accept the ownership and maintenance of the road, the right of ways, and stormwater management system, and maintenance of the drainage easements.

19. NOISE:

No significant sources of noise have been identified.

1. 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 Board prior to implementation. Further subdivision of proposed lots by the applicant or future owners is specifically prohibited, without prior approval by the Board of Environmental Protection, and the applicant shall include deed restrictions to this effect.

2. 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.

3. The applicant shall submit all reports and information required by the Board or Department demonstrating that the applicant has complied or will comply with all conditions of this approval. All preconstruction terms and conditions must be met before construction begins.

4. 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.

5. 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 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 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.

6. 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. Reapplications 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. Reapplications for approval may include information submitted in the initial application by reference.

7. 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.

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

9. 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.

(2/81)/Revised November 1, 1979