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Planning Board Meeting Minutes 02/05/2007

The meeting commenced at 7:02 p.m.  Present:  Gus Favreau, Brian Libby, Eleanor Dudek, Chris Parkins, and Bill Foster.  Absent:  Wayne Newbegin and Carol Billington.  Staff present:  Bud Benson, Planning Administrator and Donna Sawyer, Planning Board Secretary.

Because the Chair and Vice Chair were absent, Bill Foster made a motion to have Brian Libby chair the meeting.  Chris Parkin seconded the motion, all were in favor the motion passed..

Approval of January 8, 2007, meeting minutes
Gus Favreau made a motion to accept the minutes for the January 8, 2007, meeting minutes and Chris Parkin seconded the motion. There was no discussion.  All in favor and motion passed.

Approval of Finding of Fact for:

Eleanor Dudek made a motion to waive the reading of the Finding of Fact for William and Patricia Kachinski and Brian Libby seconded the motion.  All in Favor and motion carried.

Eleanor Dudek made a motion to approve the Finding of Fact for:
        - A cottage setback to the greatest extent possible for William and Patricia Kachinski, Map 49, Lot 15 located at 26 Sand Bar Road.  Gus Favreau seconded the motion.  All in favor.  Motion carried.

UNFINISHED BUSINESS:  
01-12-01-03 WILDLANDS CLUSTER SUBDIVISION PHASE 2/BUSQUE CONSTRUCTION CO., INC. - MAP 12, LOT 1, BOUNDARY ROAD
Subdivision Plan Review         Received Preliminary Approval on December 2004.  Waiting for DEP.

Gus Favreau made a motion to table this project and Chris Parkin seconded the motion.  All in Favor and motion passed.

02-07-03-06 BEECHWOOD SUBDIVISION/Design Dwellings, Inc. – Map 6, Lot 89D, 270 Bonny Eagle Road
Cluster Subdivision Plan Review                 Received Preliminary Approval 9/11/06

Shawn Frank, Engineer from Sebago Technics, was present and asking for final subdivision approval tonight.  The subdivision is located on Route 35 between Spear and Chicopee Road.  He pointed out the location of the 2 abutter lots where there would be a land transfer.  

He showed the location of a fire tank as requested by the town’s Fire Chief and showed the location of a dry pond and an underdrain pond in another area to receive runoff of the proposed roadway.  He said there were a number of small underdrain areas that collect the runoff from individual lots and provide treatment to it.  This means that 85% of the overall drainage is treated.  

Access to the abutting land on the East has a proposed right of way that extends to it from the cul-de-sac.  The notation is added to the plan.

The Conditions of Approval have been added to the plan.  DEP faxed a draft order and it is expected to be signed in the next couple of days.

He asked for final approval and said he would answer any questions from Board members.  Brian Libby asked if the members had and questions.  There was none.  He asked for comments from the public.  There was none.

Bud Benson said it was appropriate to refer to the DEP approval as a draft.  In lieu of putting off giving final approval, Bud said written approval with a signature should arrive next week.  Brian Libby read the conditions of approval.

Bill Foster made a motion to approve the project with 6 conditions as presented in Bud’s memo to the members and Chris Parkin seconded the motion.  All in favor.  Motion passed.  The conditions are:

1.      A $325,000  performance guarantee as well as $9,750 inspection escrow account, a street light impact fee of $1,800 and payment of all outstanding review escrow account fees. Resolution of any outstanding issues raised in peer review engineer’s memo to satisfaction of town staff.
2.      This approval is also conditional upon the two proposed land exchanges along Route 35 on both sides of the proposed entrance as shown on the plan.
3.      Final incorporation by the developer of a homeowners' association shall be required prior to issuance of any building permits; the developer shall provide the Code Enforcement Officer proof of filing of the homeowners' association's articles of incorporation with the Secretary of State's Office prior to the issuance of any building permits. The town attorney, at applicant’s expense, must review and approve all legal documents such as (homeowner’s association documentation and incorporation) for legal sufficiency. Applicant shall provide and record all drainage easements after town legal review.
4.      After town acceptance of road, the ponds and stormwater structures outside right of way are to be owned and maintained by the Homeowners' Association
5.      As built drawings showing location of all underground utilities should be provided at applicant’s expense prior to acceptance of street.
6.      This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
7.      A signed approval must be received from MDEP.

05-08-07-06 WILDWOOD (formerly CHADBOURNE ROAD SUBDIVISION)/Gilbert Homes – Map 19, Lot 56, 733 Chadbourne Road
Cluster Subdivision Plan Review

No one was present to represent this project.  Chris Parkin made a motion to table this item and Gus Favreau seconded.  There was no discussion.  All in favor.  Motion passed.

02-12-04-06 Route 25 Business Park/Mark Floor – Map 10, Lot 11, 225 Ossipee Trail West
Subdivision Review

There was no one present to discuss this project.  Chris Parkin made a motion to table this project and Gus Favreau seconded the motion.  All in favor and motion passed.

NEW BUSINESS:
01-02-06-07 MULTIFAMILY DWELLING/Mark Blier – Map 7, Lot 3, 1138 Pequawket Trail
Site Plan Review

Mark Blier, owner of property at 38 Pequawket Trail, came before the Board to say that he owns the single family home and wants to convert it to a multi family home.  He said he put together the application and he further stated that it will be an easy conversion because it has 2 staircases and he will only need to add a kitchen.  Parking will be in the front for one unit and parking for the second unit is out back and is reached by a access road to the back lot.  Both units have 2 egress points.  He will be adding lighting and shrubbery to buffer from the neighbors.  

Chris Parkin asked if the parking already exists.  Mr. Blier said, “Yes”.  Brian Libby said that the members usually do a site walk but that he had supplied good pictures that showed parking, etc.  Brian asked if the members wanted a site walk?  Bill Foster asked if it was an existing building?  Mr. Blier said, “Yes”.  

Gus Favreau asked if the sidewalk would connect to the walkway at the Steep Falls Library.  Bud Benson said the Planning Board is supposed to require a sidewalk along the front of the property.  Because it is an existing building, it is to the maximum extent feasible and Mr. Blier has made a proposal to put the sidewalk in using gravel.  His proposal is ¾ inch gravel, 6“ thick and 3 ft. wide.  It is less than the town’s standards.  Brian asked for more questions.  Eleanor Dudek asked if there was a standard for sidewalks?  Mr. Blier said the sidewalk in front of the Library was 3 ft. wide.  Bud said the standards were 8 to 10” of gravel base and 2” of surface pavement.  Mark said there is currently grass along the front and he is installing gravel.

Diana Allen who lives at 1142 Pequawket Trail came forward and asked how the property line was going to be marked.  A little patch of grass separates her driveway with his driveway.  How will they be kept separate?  He is proposing to plant 3 ft. tall trees.

Diana Pullen, Rte 11, asked where the building is located?  Mr. Blier said the existing building.  There were no more questions and the members said they did not need a site walk.  Gus Favreau made a motion to approve this project and Bill Foster seconded the motion.  Bud Benson said that the Ordinances allows a performance guarantee to insure the implementation of the side walk.  Bud wanted to know how the Board wanted to handle this issue.  It was suggested to have one occupancy permit held up until the sidewalk is completed.  The owner requested that he put a bond in place.  

Brian asked for the vote.  All were in favor and motion passed.  There was one additional condition of approval.  It is:

1.  Town staff will approve the amount of a bond to be sufficient to construct the proposed sidewalk at the multifamily dwelling at 1138 Pequawket Trail in Steep Falls Village.

2.  Brian Libby read the standard motion and it is a condition of approval.  This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

02-02-06-07 WHEATON WAY SUBDIVISION/A & H Land Development, LLC, Map 8, Lot 9, Wheaton Way
Subdivision Plan Review

Chris Tullman, Sebago Technics, was present on behalf of A & H Land Development, LLC, for a clustered subdivision.  The project is off Hope Avenue and Boundary Road.  The parcel is approximately 191 acre parcel, leaving approximately 120 acres of open space.  There is currently 55 lots designed for the parcel.  There is an existing water main at Boundary Road so public water will be brought to each lot with private septic for each lot.  The roadway crosses over Strout Brook and there are 2 cul-de-sacs and future connections to abutting parcels.  He asked for questions from the members.  He pointed out the locations for the 2 range roads running through the property for Bill Foster.  

A workshop was scheduled for next Monday, February 12th at 7:00 p.m.

Brian Libby asked for comment from the public.  John Gardner, 1 Grovo Lane Extension and an abutter, asked to see where his lot was and if the project site would have cleared land in front of his house.  Mr. Tullman pointed out the location and explained that this area would remain undisturbed.  Mr. Gardner then asked about the elementary school expansions once this subdivision is complete.  There were no more comments or questions from the public.

03-02-06-07 COTTAGE SETBACK/Scott Batchelder, Sr. – Map 21, Lot 57, 58 Shore Road
Shoreland Zoning Review

Scott Batchelder, Sr., told the members he had a small cottage located at 58 Shore Road on Bonny Eagle Pond.  He said he didn’t realize his project needed Planning Board approval.  He purchased the property recently and thought he could repair the existing foundation for the building.  He wanted to do a complete foundation and end up repairing the foundation that was there.  It was extensive.  

The Code Officer in Standish discovered the foundation work, and he saw that it was not a simple repair but more along the line of a new foundation.  Scott stopped the foundation work and prepared this application to the Planning Board.  Mr. Batchelder said there were 3 things that affect the property.  1)  existing foundation, 2) proximity to abutters and 3) proximity to proposed septic.  He referred to the site plans with his application.  One showed the building moved back and encroaching on the existing septic design.  Another issue is if the cottage is moved back more, the abutting properties become a barrier for views of the lake.  

Brian Libby asked for questions.  Gus Favreau asked for a site visit and Brian agreed.  Mr. Batchelder said he has pictures of the cottage with the front deck and also the pictures show the existing foundation.  The members looked at the pictures, asked questions and handed the pictures back to Mr. Barchelder..  Mr. Batchelder said he preferred to not move the cottage, but if the cottage were to be moved back he would need a variance for the septic field.  There was a discussion about the well next door and when it was drilled.  

Hal Hughes, 54 Shore Road, came forward and said that the well across the street has Jaswell Seals installed when it was drilled.  He was the former owner of the house that Mr. Batchelder purchased last year.  A site walk was scheduled for Saturday, February 10th at 9:00 a.m. at the site.  Bud Benson will email a site map.  

Mr. Batchelder said his desire is not to move the building.

There were no more items before the members.  Eleanor Dudek made a motion to adjourn and Gus Favreau seconded the motion.  All in favor and motion passed.  Meeting adjourned at 8:59 p.m.

These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.

 
Last Updated:
Friday, Mar 23, 2007
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