Chair, Carol Billington, asked for approval of the December 10, 2007, meeting minutes. Gus Favreau made a motion to approve the minutes and Brian Libby seconded the motion. All in favor and motion passed.
Approval of Findings of Fact (FOF):
Cottage Setback/Randy Dube – Map 43, placeLot 94, addressStreet81 Smooth Ledge Road. Brian Libby made a motion to waive the reading and Al Connell seconded the motion. All in favor (Bill Foster abstained) and motion passed. Brian Libby made a motion to approve the Finding of Fact (FOF) and Al Connell seconded. All in favor (except Bill Foster abstained) and motion passed.
Amendment to Wildridge Subdivision/Dana Wescott & Andrew Shamos Map 37, Lot 87-12. Brian Libby made a motion to waive the reading and Gus Favreau seconded the motion. All in favor (except Bill Foster abstained) and motion passed. Brian Libby made a motion to approve the FOF and Al Connell seconded the motion. All in favor (except Bill Foster abstained) and motion passed.
Candiland Daycare Home/Candice Conners, Map 35, placeLot 23, 41 Ossipee Trail West. Brian Libby made a motion to waive the reading and Gus Favreau seconded the motion. All in favor (except Bill Foster Abstained) and motion passed. Brian Libby made a motion to approve the FOF and Al Connell seconded. All in favor (except Bill Foster abstained) and motion passed.
UNFINISHED BUSINESS:
addressStreet02-02-06-07 WHEATON WAY SUBDIVISION (formerly Strout Brook Subdivision)/ PlaceNameA & H PlaceTypeLand Development, LLC, Map 8, placeLot 9, addressStreetWheaton Way Preliminary Approval Subdivision Plan Review May 7, 2007
Bud Benson said that FEMA had asked for more data regarding flood delineation. It has been supplied to them. Brian Libby made a motion to table the agenda item and Gus Favreau seconded the motion. All in favor and motion carried.
03 08-06-07 SRC, Inc., d/b/a CitySunRise Corner/Anne Farrar – Map 36, placeLot 34, 25 Ossipee Trail East
Site Plan Amendment
Mr. Benson said that the applicant missed a meeting last month and the Board of Appeals will hear Ms. Farrar’s application later this month. Brian Libby made a motion to table this item to next month and Al Connell seconded the motion. All in favor and the motion passed.
NEW BUSINESS:
01-01-07-08 Cottage Setback/Daniel & Denise Smith- Map 57, placeLot 4, addressStreet181 Whites Point Road
Shoreland Zoning
Chris DiMatteo, Project Manager from Sebago Technics, and Marilyn Leivian of Portland Design Team were present representing the Smiths. He briefly summarized the area where the new cottage would be sited and pointed out the garage lot across the street. In addition, he pointed out the rocks and boulders near the waterfront, the proposed plantings and the existing septic field. He said the house will be within the 100’ setback and that it will be back to the 20 ft. setback line in the front. The septic system will be upgraded to accommodate 5 bedrooms (3 in the house and 2 in the to be constructed bunkhouse on the back lot). He pointed out the location of an underground propane tank.
Marilyn Leivian, Architect for Portland Design Team, came forward and showed the plan of the layout of the basement, first floor with deck, second floor and small entry porch that has a landing 4’ by 5’ and one 10” step. She also showed the exterior of the new house from the lake side, front and north and south elevation. She pointed out the area to be regraded so that the back part of the site will be closer to the street elevation. Calculations have been done for a 30% increase in volume.
Board members asked questions regarding the setback being at the maximum extent possible with the plan presented. Mr. Benson said he visited the site and took photos that he passed around for the members to review. He confirmed that the drip edge is close to the 20 ft. setback line and is back to the maximum extent possible. He said the members could take a site walk if they wished, but that there is a lot of snow on the ground and the property pins are not easily found at the site. He didn’t think the building could be moved back any farther than the 5 ft. shown on the plan.
Carol opened the discussion to the Board members and the public. Bill Foster said that since he has been a member there has always been a site walk. There was no public comment. Carol agreed with Bill Foster that a site walk has always taken place, but in this case, the cottage cannot be moved back any farther. Brian Libby made a motion to dispense with a site walk and Al Connell seconded the motion. All in favor except Bill Foster. Affirmative: Favreau, Connell, Libby, Billington and Smith. Opposed: Bill Foster. Motion passed.
Mr. Benson pointed out that No. 3 in the suggested conditions of approval should read: “52 ft.”, not 54 as stated. He also wanted it noted that there are 2 lots being separated by the road and in this situation 2 parking stalls would be needed per dwelling unit. Because of the impervious area requirements, they cannot do that. They have agreed to join these 2 lots so that there will be parking for one dwelling only. Al Connell asked if this project could come back for consideration to add a kitchen in the bunk house? Carol asked about accessory apartment. Mr. Benson said it is not a conforming lot so it doesn’t meet the requirements for an apartment.
Carol Billington went down through the shoreland zoning review standards as contained in Section 237-3 through Section 237-16. Brian Libby made a motion to approve the application with the 7 conditions of approval as listed, including the change to 52 ft. in Condition No. 3. and No. 2, in Mr. Benson’s memo to the members dated January 3rd, Alan Connell seconded the motion. All in favor and motion passed.
Conditions of approval are:
1. Planning Board approval of this site plan showing “SMITH COTTAGE & GARAGE/BUNKHOUSE 181 Whites Point Road for: DANIEL & DENISE SMITH” prepared by Sebago Technics, sealed by PersonNameOwens McCullough P.E., Revision “A” dated 12/18/07, 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 two lots on either side of addressStreetWhites Point Road to be joined into one lot to the satisfaction of the Code Enforcement Officer (CEO)
3. Existing home, with setback from mean high water of 47 ft, to be demolished and a new home with setback of 52 ft. is to be built on a new foundation. The percent impervious will need to be addressed with the CEO.
4. Applicant’s home 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.
5. Stormwater infiltration plan to be submitted by applicant and approved by CEO.
6. Erosion & sediment control plan to be submitted by applicant and approved by CEO.
7. 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
The meeting recessed for 5 minutes and reconvened at 7:45 p.m. Chair, Carol Billington said the remainder of the meeting would be devoted to 2 public hearings for proposed changes to the Land Use Code, Chapter 181 of the Town of placeCityStandish Code.
Public Hearing – Order 163-07 Amendment to PlaceNameplaceStandish PlaceTypeTown Code, Chapter 181-11
Contract Zoning
Carol Billington said that this change for contract zoning would be a substantive change to the code. This is a change that the Comprehensive Plan committee wanted addressed. She explained how contract zoning would work within Standish as outlined in this Order and how an incentive might work. There was discussion amongst the members. Carol Billington said this proposal was drafted before the Comprehensive Plan was completed and approved. Per discussions during the Comprehensive Plan process, contract zoning was offered as a way to promote economic development in town. She urged members to come to the Council meeting the following night to speak if they wanted to share their thoughts.
Discussion moved to the next Order.
Public Hearing – Order 164-07 Amendment to Standish Town Code, Chapter 181, multiple sections regarding Accessory Apartments
Chair, Carol Billington, said that the purpose of this provision concerning accessory apartments is to increase the variety of housing opportunities available to the town’s population and to help contain sprawl by absorbing growth within existing and lots and structures. An accessory apartment must be located within the principle family dwelling and must be occupied by a person who has a legal or equitable ownership interest in the property. Only one accessory apartment is allowed on a lot and a detached building would not qualify as an accessory apartment. There are many other provisions in the proposal and Carol Billington urged the board members and the public to attend the upcoming public hearings at the Town’s council meetings on the following evenng or come to the municipal office to
pick up a copy of the draft proposal
Brian Libby made a motion to adjourn and Gus Favreau seconded the motion. All in favor and the motion passed. Meeting concluded at 8:20 p.m.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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