Chairman, Carol Billington , called the meeting to order at 7:14 p.m. and stated that the meeting was rescheduled from December 3 because of inclement weather. Present: Brian Libby, Gus Favreau, Alan Connell, Jeff Smith and PersonNameEleanor Dudek. Absent: Bill Foster. Staff present: Bud Benson, Planning Administrator and Donna Sawyer, Planning Board Secretary.
Chair, Carol Billington, asked for approval of the October 22, 2007, minutes. Brian Libby made a motion to approve the minutes as written and Gus Favreau seconded the motion. All in favor. Motion passed.
Gus Favreau made a motion to approve the November 5, 2007, minutes as written and Brian Libby seconded the motion. All in favor. Motion passed.
Brian Libby made a motion to approve the November 19, 2007 meeting minutes and PersonNameEleanor Dudek seconded the motion. All in favor and motion passed.
Approval of Finding of Fact:
Two Family Dwelling/Wm Tompson on addressStreetCape Road – Map 6, placeLot 21E. This approval supersedes the approval of the FOF signed last month because of incorrect information. Brian Libby made a motion to waive the reading and Gus seconded the motion. All in favor and motion passed. Brian Libby made a motion to approve and Al Connell seconded the motion. All in favor and motion passed.
Retail Business Under 2,000 sq. ft./Jeff and Maria Smith – Map 10, placeLot 69B. PersonNameEleanor Dudek made a motion to waive the reading and Brian Libby seconded the motion. All in favor (except Jeff Smith) and motion passed. Brian Libby made a motion to approve the FOF and PersonNameEleanor Dudek seconded the motion. All in favor (Jeff Smith recused himself from the vote) and motion passed.
Redline Power Sports/Jason Foster – Map 6, placeLot 23. Brian Libby made a motion of waive the reading and Al Connell seconded the motion. All in favor and motion passed. PersonNameEleanor Dudek made a motion to accept this FOF and Brian Libby seconded the motion. All in favor and motion passed.
CitySt. Joseph’s College Expansion/St. Joseph’s College – Map 20, Lots 5, 6,7,7B & 8
Brian Libby made a motion to waive the reading of the FOF and Gus Favreau seconded. Motion passed. Al Connell and Jeff Smith recused themselves.
Carol Billington asked Mr. Benson to speak about this project. Mr. Benson said that it appears that the traffic study suggests a light may be needed at the intersection of White’s addressStreetBridge Road and addressStreetChadbourne Road. Brian Libby made a motion to approve the FOF and PersonNameEleanor Dudek seconded the motion. Carol, Brian, Gus and Eleanor voted to accept the FOF. Al Connell and Jeff Smith recused themselves from the vote. Motion passed.
UNFINISHED BUSINESS:
02-02-06-07 WHEATON WAY SUBDIVISION (formerly Strout Brook Subdivision)/ A & H Land Development, LLC, Map 8, Lot 9, Wheaton Way Preliminary Approval May 7, 2007
Subdivision Plan Review
Bud Benson said that FEMA had asked for more data. They have provided the data to FEMA and basically they are waiting for FEMA and MDEP. Brian Libby made a motion to table until next month. Al Connell seconded the motion. All in favor and motion passed.
03 08-06-07 SRC, Inc., d/b/a CitySunRise Corner/Anne Farrar – Map 36, placeLot 34, 25 Ossipee Trail East
Site Plan Amendment
This project is before the Board of Appeals and after their ruling, it will come to the Planning Board. Brian Libby made a motion to table until next month and Gus Favreau seconded the motion. All in favor and motion passed.
01-07-11-05 Cottage Setback/Randy Dube – Map 43, placeLot 94, addressStreet81 Smooth Ledge Road
Shoreland Zoning Review
Denis Harmon came forward representing Mr. Dube. Carol Billing said that a site walk took place. Mr. Harmon was asking for approval tonight. Mr. Benson said that a shed is located on the plan now. The bulkhead will not be needed if the Planning Board approves the 4’ frost wall. Carol referred the members to the pictures that were taken and Jeff Smith said that the cottage should be moved back because of the close proximity to the water. He said the neighbors’ vision of the lake is a concern. Mr. Harmon said Mr. Dube would place the shed anywhere the Board wanted it placed. Mr. Benson said the lot is 35 ft. wide and he said that the board would be granting some setback variances for the shed. Mr. Harmon said if the owner gets a frost wall, the shed may not be
needed.
Carol Billington, Chair, said the neighbors came to the site walk and everyone is in agreement with the site plan that shows where the owner wants the cottage placed, but the building can go back further. The members need to make a decision for the setback. Discussion moved to the close proximity to other cottages and obstruction of views of the neighbors’ cottages. Carol said they went into neighboring cottages and looked at the view from them. Mr. Harmon said the owner felt this plan satisfies everyone. There will be space for neighbors to access their property. Emergency vehicle entrance needs to be considered as well as moving of vehicles.
Mr. Benson spoke about the posts under the cottage. Mr. Benson said it would be good to have rip rap placed around the edges of the foundation that exists now. Mr. Harmon said the plan is to keep the wall in place and put riprap in front of it. Mr. Benson brought up another item and that is the patio blocks stacked up on the site. The proposed plan calls for patio blocks to be placed elsewhere. Bud Benson said the Planning Board is not approving the placement of patio blocks. That issue needs to be worked out with the Code Enforcement Officer. Mr. Benson said that the cottage floor needs to be 1 foot above the 100 year flood plain. Whatever DEP requires, they will follow.
Carol Billington asked how the wall would be stabilized and Mr. Harmon explained how they have built them in the past.
There being no more questions, Carol Billington read from the Standards from Section 181-73 of the Land Use Code:
Standard A – Provision for vehicular loading, unloading and parking . . .
Brian Libby made a motion that this project met the standard at the location proposed for the cottage. Al Connell seconded that motion. All in favor and motion passed.
Standard B – The bulk location and height of proposed buildings . . .
Eleanor Deduk made a motion that the project met this standard. Gus Favreau seconded. All in favor and motion passed.
Standard C – The provisions of on-site landscaping and screening. . .
PersonNameEleanor Dudek made a motion that this standard is met and Brian Libby seconded the motion. All in favor and motion passed.
Standard D – The site plan adequately provides for the soil and drainage problems that the development will create.
Brian Libby made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard E – The provisions for exterior lighting will not create. . .
Brian Libby made a motion that the project met this standard and PersonNameEleanor Dudek seconded. All in favor and motion carried.
Standard F. – The applicant has provided reasonable evidence on his financial. . .
Brian Libby made a motion that the project met this standard and Jeff Smith seconded. All in favor and motion carried.
Standard G – The proposed development will not create undue fire safety hazards. . .
PersonNameEleanor Dudek made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard H. – The proposed development has made adequate provision for sewage disposal.
Brian Libby made a motion that the project met this standard and Jeff Smith seconded. All in favor and motion carried.
SnplaceStandard SnI. – The proposed site plan will not alter the existing character . . .
PersonNameEleanor Dudek made a motion that the project met this standard and Gus Favreau seconded the motion. All in favor and motion carried.
Standard J. – The proposed development has made adequate provision for water supply . . .
Brian Libby made a motion that this standard was met and Al Connell seconded the motion. All in favor and motion passed.
Standard K and L – No Plan shall be approved by the Planning Board as long as the applicant is in These Standards are not applicable for this project.
Brian Libby made a motion to amend Standard D that the stormwater infiltration plan submitted will be reviewed by the CEO. Al Connell seconded. All in favor and motion passed. Conditions of approval are:
1. Planning Board approval of this site plan showing “LAND OF Randy and Andrea Dube 81 Smooth Ledge Road” prepared by Land Services Inc. dated Sept. 2007, is limited to structure setbacks to the maximum practical extent and the approval is limited in duration to a period 6 months from date of approval.
2. Existing building that protrudes over the seasonal high water is to be relocated onto a new foundation. Proposed new location to be built with setbacks of 15’ from current building or approximately 5’ from the seasonal high water at the concrete steps as shown on the plan. Board isn’t approving exact relocation of the patio blocks nor is it acknowledging any grandfathered nature of the patio. This issue as well as
the percent impervious will need to be addressed with the CEO.
3. Applicant’s camp appears to be within the 100-year flood plain and will need to prove to the CEO that the lowest floor is 1 ft above the 100-year flood elevation.
4. Stormwater infiltration plan to be submitted by applicant and approved by CEO.
5. Erosion & sediment control plan to be submitted by applicant and approved by CEO.
6. Standard Condition of Approval.
Brian Libby made a motion to approve this project with the six items suggested in Bud Benson’s memo to the Members. Alan Connell seconded the motion. There was no discussion and motion passed.
NEW BUSINESS:
Wildridge Subdivision//Dana Wescott & Andrew Shamos – Map 37, placeLot 87-12, addressStreet12 Brookside Drive
Subdivision Amendment
Dana Wescott and Andres Shamos came forward to discuss their project. Mr. Wescott said he wanted to swap some land with Mr. Bryan, addressStreet12 Brookside Drive (placeLot 12) so he could have access to a building lot he is splitting off from his land in back of Mr. Bryan’s lot. Bud Benson said that what was happening was an amendment the Wildridge Subdivision plan and it was a lot line swap so that lot Number 12 would have the same bulk area as currently exists and the swap would allow Mr. Wescott to have access to a backlot he wants to carve from his acreage so that Mr. Shamos can build a home. Chair, Carol Billington, reviewed the conditions of approval as presented by Bud’s memo.
Brian Libby made a motion to accept this project with the 6 conditions presented by Mr. Benson in his December 3rd memo to the board members. Al Connelly seconded the motion. No discussion from the public or the members. All in favor and motion passed. The conditions are:
Conditions of approval:
1) The property shown on this plan may be developed and used only as depicted on this approved plan. 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). Any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
2) All driveway entrances shall be as approved through a street opening permit issued by the Standish Public Works Department.
3) The Public Works Department reserves the right to require additional work beyond, and in addition to, the improvements shown on this plan as field conditions require. Any changes made during construction shall be coordinated with and approved by the Public Works Department.
4) Private way preconstruction meeting: prior to any construction on the project, the owner shall coordinate a preconstruction meeting involving the owner, the site contractor, the Director of Public Works and or the Town’s consulting engineer.
5) The Town of CityplaceStandish reserves the right to acquire the areas shown as future rights of way for $1 in damages.
6) Septic system must meet applicable local and state standards. The actual location must be reviewed and approved by the Code Enforcement Officer with supporting documentation provided by a placeStateMaine licensed site evaluator.
Septic system must meet applicable local and state standards. The actual location must be reviewed and approved by the Code Enforcement Officer with supporting documentation provided by a placeStateMaine licensed site evaluator.
Candiland Daycare Home/Candice Conners – Map 35, placeLot 23, 41 Ossipee Trail West
Site Plan Review
Candice Conners came forward and said she wanted to relocate her daycare business 2 blocks to 41 Ossipee Trail East next to Standish House of Pizza. Bud Benson said when it was approved as an antique business, a sidewalk was installed between the house and pizza business. Bud Benson said this use was less intense than the last approval. Ms. Connors said she will have up to 12 children.
Mr. Benson said that the daycare cannot be larger than 720 sq. Ft. if it was going to utilize the 4 parking space available on the paved lot. That assumes 2 more parking spaces will be used for the dwelling and that space can be on the upper paved area.
Carol Billington went down through the Standards in Section 181-73, A through J.
Standard A – Provision for vehicular loading, unloading and parking . . .
Brian Libby made a motion that only one driveway can be in use at any one time. Children will be picked up and dropped off using the lower level lot. Al Connell seconded that motion. All in favor and motion passed.
Standard B – The bulk location and height of proposed buildings . . .
Doesn’t apply.
Standard C – The provisions of on-site landscaping and screening. . .
Carol said the standard was 30’ tall trees around the perimeter. Brian Libby said he didn’t think there was enough room to plant trees. Discussion continued about adding trees, trimming branches on existing trees, etc. Brian Libby made a motion that 2 deciduous trees be planted at the edge of the right of way 30 ft. apart. Gus Favreau seconded the motion. All in favor and motion passed.
Standard D – The site plan adequately provides for the soil and drainage problems that the development will create.
Brian Libby made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard E – The provisions for exterior lighting will not create. . .
Brian Libby made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard F. – The applicant has provided reasonable evidence on his financial. . .
Brian Libby made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard G – The proposed development will not create undue fire safety hazards. . .
Bud Benson said the building would need state fire Cityplacemarshall inspection. Brian Libby made a motion that the project met this standard and Al Connell seconded. All in favor and motion carried.
Standard H. – The proposed development has made adequate provision for sewage disposal.
Gus Favreau made a motion that the project met this standard and Brian Libby seconded. All in favor and motion carried.
SnplaceStandard SnI. – The proposed site plan will not alter the existing character . . .
Brian Libby made a motion that the project met this standard and PersonNameEleanor Dudek seconded. All in favor and motion carried.
Standard J. – The proposed development has made adequate provision for water supply . . .
Brian Libby made a motion that the project met this standard and Al Connell seconded the motion. All in favor and motion carried.
Standard K – No Plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
Not applicable for this project.
Standard L. – Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Village Center District.
Not applicable, existing building.
Carol Billington said the project was approved subject to the conditions stated. The applicant was given 6 months to plant the trees and the approval contains the standard motion.
Conditions of approval are:
1. The children enrolled at the day care must be dropped off and picked up in the lower parking lot.
2. Only one gate will be in use at any one time and upper gate will be closed during the hours that the daycare is operating.
3. The applicant will plant 2 deciduous trees about 2’ back from the edge of the right of way.
4. 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.
Brian Libby made a motion to adjourn and Al Connell seconded the motion. All in favor and meeting adjourned.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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