Chair, Carol Billington, called the meeting to order at 7:05 p.m.
Present at this meeting: Gus Favreau, Alan Connell, Brian Libby, Bill Foster and Jeff Smith. Absent: PersonNameEleanor Dudek. Staff present: Bud Benson, Planning Administrator and Donna Sawyer, Planning Board Secretary.
Carol Billington asked for approval of the May 5, 2008, meeting minutes. Brian Libby made a motion to approve the minutes and Alan Connell seconded the motion. There was no discussion and all in favor and motion passed.
Carol deviated from the prepared agenda and went to Unfinished Business first and discussion for Cold Brook Estates.
Unfinished Business:
02-02-06-07 COLD BROOK ESTATES (formerly addressStreetWHEATON WAY or STROUT BROOK ESTATES SUBDIVISION) PlaceNameA & H PlaceTypeLand Development, LLC, Map 8, placeLot 9, addressStreetWheaton Way Subdivision Plan Review Preliminary approval May 2007
Bud Benson, Planning Administrator, reviewed the email from Chris Tullman, Sebago Technics. The project has received FEMA approval for floodplain mapping and crossing of Strout Brook. He has received comments from DEP and he will be responding to them next week.
Brian Libby made a motion to table this project to next month and Al Connell seconded. There was no discussion. All in favor and motion passed.
COMMUNICATION:
Agricultural Use Farmers’ Market/Requires Transient Vendors Permit only/Village Improvement Society of PlaceNameSteep PlaceTypeFalls – Map 33, placeLot 18, 1069 Pequawket
Gus Favreau was present representing the Steep Falls Improvement Society. He said this agricultural farmers’ market will occur once a week on Fridays. The site will be staked to show where vendor space can be set up. A gazebo is being built. The local library will provide the use of their restrooms and the residents close by are allowing parking along their buildings.
Bud Benson, said vendors using this space will have to obtain a vendors transient permit to do business in this area and require annual renewal. Carol Billington said if any resident has an issue with this project, please contact the town office. The market will be open on Fridays for 2 hours around mid day.
Isabel Higgins, addressStreet215 Bonny Eagle Road, came to the podium and said she had been told there wasn’t a definition for a farmers market. Has that changed or how did this come about? Bud Benson said that the use is determined by the Code Enforcement Officer and he has determined this is agricultural use only. It is not a flea market.
03 08-06-07 SRC, INC., d/b/a SUN RISE CORNER/Anne Farrar – Map 36, placeLot 34, 25 Ossipee Trail East
Site Plan Amendment
Anne Farrar, owner of Sunrise Corner, Inc., came forward. Carol told the other members of the Board that the plans before them were not available to review before the meeting. Ms. Farrar referenced the site walk that took place in January. She was out of state in February and March. She referred to the 12 point mark-up when she met with the planning board members in a workshop. She assumed the 12 point mark up plan would be discussed at the May meeting. Carol said it is the role of the applicant to come back to a Planning Board meeting with the changes made on a site plan that were discussed in the workshop.
Ms. Farrar referred to the plan that has been put before them tonight that covers the 12 points discussed. Anne said there were 2 unresolved issues and they are:
The variance on the side setback
Parking within the front of the building.
Discussion moved back and forth between the board members and Ms. Farrar regarding phasing of the drive thru and the hardscaping required to accomplish that part of the project.
Bud Benson said he wanted to give some history about this project. He said the project came before the Board in August last year. Bud said in the original Planning Board approval, the old fire barn on the property was used as a storage building and was not to be used for retail sales. Last year when the applicant asked for a sign permit, the Code Enforcement Officer found the old fire barn was not approved for retail sales and applicant was asked to submit a site plan amendment to the Planning Board. When the application was reviewed, it was discovered that the total retail space was over 2,000 sq. ft. of sales area and the Planning Board could not approve retail sales over 2,000 sq. ft. Consequently, it went to the Zoning Board of Appeals for approval. Bud wanted the project expedited
soon because next month the Planning Board may be without several members because their terms are up. It may be difficult to get a quorum to approve any project. Chair, Carol Billington, added that she wants the approval to be right when it comes to the final vote. There are 12 points presented on the site plan and it will take time to get the approval and language worded right for the Finding of Fact. Carol suggested another workshop and it was scheduled for June 9th at 7:00 p.m. at the town office. Carol reiterated that from the items developed at this workshop Anne would be able to draft another site plan that met all of the ideas discussed. From that site plan, the Board would be able to write a Finding of Fact.
Carol asked for comments from the public and there was none.
01-05-05-08 Cottage Setback/Kevin Siton – Map 25, placeLot 42, 81 Hi addressStreetVu Drive
Shoreland Review
John Toothaker, of Tooth & Associates, LLC, was present representing Kevin Siton of addressStreet81 Hi Vu Drive. Mr. Toothaker said he is a certified soil scientist and a licensed Site Evaluator. A site walk was conducted by the Planning Board members on May 12th. Carol reiterated that the Planning Board’s role is to see that the building is located to the greatest practical extent possible from a body of water.
Chair, Carol Billington, said that at the site walk a group of abutters were concerned about the soil disturbance at the top of the hill and hoped that it will be properly taken care of when construction is done. Several abutters were adamant that there be no erosion issues. Mr. Toothaker showed a draft of a plan he had prepared for sediment and erosion control. He distributed copies. Carol asked why strawberry plants were included in the plantings. Mr. Toothaker said he was trying to use more practical and affordable plants. Bud Benson said the area for the strawberry plantings was very droughty and he didn’t think any Soil & Water Conservation person would suggest strawberry plants for ground cover within shoreland zoning. Mr. Toothaker said this plan was a first draft
and he assured the Board he is on top of the plan.
Carol asked about other issues. Mr. Benson said a major concern is the amount of clearing that has been done on this lot and the lot next door and the abutters did not want any erosion into the lake. They were adamant that the road that has been created down to the wells be reclaimed. Most of the road to the wells is on the lot next door owned by James Cummings. Further, Mr. Benson said that DEP will say that area will need to be reclaimed. A 6 ft. wide meandering path down to the water could be created but the construction details will need to be approved with the CEO in Standish or the Planning Board. Mr. Benson said one of his recommendations was that the path be completed prior to granting occupancy.
Another issue was the Board receiving a set of plans for the structure to review elevations to make sure the basement did not have a walk-out or daylight basement. See Item #6 in his memo to the Planning Board members that references height of basement.
Carol Billington went back to the issue of the new building being back to the greatest practical extent. The septic needed to be placed between the house and the road. In addition, the building will be in the middle of the lot. Mr. Benson added that the 30% expansion calculations are done by the CEO, not the Planning Board.
Brian Libby expressed his concern regarding access to the water. Nothing is showing where that access will be and there is a steep bank there. Bud Benson said stairs could probably be permitted and the CEO would give approval. DEP says a 6 ft. wide meandering path would be permitted.
Gus Favreau asked if hay bales were sufficient to hold back the soil in front of the wells. There was sandy soil just beyond it and very steep. Carol said that was the reason for no more earth work. Bud Benson said at the site walk, several of the neighbors had concerns that the silt fence installed is being used almost like a retaining wall. Bud said on a 30% slope it would be difficult to create a meandering path. Mr. Toothaker said he is going to have another walk through with Joe next week.
Carol asked the Board what they wanted to do with this application. All of the members agreed that it was an incomplete application, i.e. elevations and floor plan missing and vegetation plantings plan. It was decided to have Mr. Toothaker come back to the July 7th meeting with a planting plan and a plan showing elevations and layout of the inside of the cottage.
02-05-05-08 Cottage Setback/Theodora CityWilson – Map 20, placeLot 7-E, addressStreet130 Westerlea Way
Shoreland Review
Walter Stinson, Civil Engineer of Sebago Technics, was present representing Theodora Wilson’s request to build a new cottage in shoreland zoning on lot 20, map 7E. Mr. Stinson said a site walk took place on May 12th. They own a cottage at the end of addressStreetWesterlea Way and the building was constructed in the early 1970’s. Walter Stinson displayed a rendering of the area that showed the existing cottage is quite close to the water. A topographic survey has been done of the site and the closest point is about 34 ft. from the high water mark of placePlaceNameSebago PlaceTypeLake and the northerly corner is about 44 ft. The new cottage will be placed so that the southerly corner goes from 34 ft. to 50 ft. and the northerly corner goes from 44 ft. to almost 70 ft. He said the plans submitted have been revised to reflect the discussion he had with the Board last month regarding the side setback along the northerly side. Walter said he wants to maintain the setback of the
existing building and that setback is about 13 ft.
He wanted acceptance of the 13 ft. along the northerly side and he wanted to have the Board approve the new plan that reflects the setback to the greatest practical extent. He asked for questions.
Bud Benson said the proposed garage has been moved to meet the proposed setback as shown on the plan. Carol said the driveway sweep has changed and asked about the drainage flow. Walt Stinson said the plans detailed a dry well along the drip edge of the building so that water coming from the roof will go into a dry well and into the ground. There will be no disturbance of the land southerly of the building except that required to replace the septic system. The existing driveway will be re-routed slightly. His plan provides for the drainage from the road and put it into a level lip spreader to try to spread the water over a wide area, undisturbed area before it goes to the lake.
Carol asked for comments from each Board member. Brian said the plan was a great improvement by getting rid of asphalt near the lake--Al agreed, Carol agreed and said big rocks were farther back, Jeff said great changes to plan.
Brian Libby made a motion to approve the project with Bud Benson’s conditions of approval as written in his memo dated May 29, 2008. Alan Connell seconded. All in favor and motion carried. The conditions of approval are:
1. Planning Board approval of this site plan showing “Wilson Lot” at addressStreet130 Westerlea Way produced by Sebago Technics Revision “E” dated 5/21/08 and date stamped “Received May 22, 2008”, 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 camp with seasonal high water setback of 34 ft as shown on the Topography Plan prepared by Sebago Technics REV “A” dated 4-18-08, is to be removed. A new proposed dwelling is to be built with proposed water setbacks of 50’
3. A full height basement will not be daylight / walk out.
4. The re-vegetation plan must be approved by the CEO include plantings on the placeLake side of the property and be implemented prior to occupancy.
5. 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.
6. The Stormwater infiltration plan, Erosion & sediment control plan and a re-vegetation plan (include plantings on the placeLake side of the property), must be submitted by applicant, approved by CEO and implemented.
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.
NEW BUSINESS:
02-06-02-08 Gardenside Estates LLC/Mark Floor – Map 10, Lots 64-2 &69F, Ossipee Trail East
Elderly Housing
Subdivision/Site Plan Review
Mark Floor, owner of Gardenside Estates proposal was present to discuss his elderly housing project. He said he has taken him a year to get the plan together and substantially complete. Bud Benson asked Mr. Floor to talk about the project. Mark said he had gone over the comments made in Bud’s memo to the members. Mr. Floor said he is utilizing 12 acres of the space for the 38 unit senior housing complex. Access will be via private drives with a small amount of public road being built to match up with the Gorrill Palmer plan. There will be a clubhouse and the first phase will be built left of addressStreetOrchard Road which includes 2 sets of buildings and the clubhouse. Mr. Floor pointed out the trees, walking path, community garden plot and clubhouse.
Carol Billington asked about the back of the property behind this development. Mr. Floor said this area would be the access to the rear of the parcel of land some time in the future.
Mark Floor said there is an 8 inch water main coming down addressStreetOrchard Road to the end of the extension he built several years ago but it hasn’t been activated yet. There is a 2 inch water pipe on addressStreetRose Lane.
Mark Floor asked for a list of what items are due so that the information can be completed. Carol said architectural drawings would be reviewed and needed at some point. A site walk was scheduled for Monday, June 9th at 6:00 p.m. at the site. Members are to meet at the end of addressStreetRose Lane. A workshop will take place immediately after the site walk. This project will be the second item on the agenda. Mr. Floor distributed copies of the site plan.
Public Hearing – Order 57-08 Amendment to placePlaceNameStandish PlaceTypeTown Code, Chapter 181, Part 1, Article IV – General Standards - Section 181-16.1 Blasting
Carol Billington, Chair, said that 2 amendments to the Standish Town Code would be discussed next. The first 57-08 dealt with blasting. Carol provided some insight into an unfortunate blasting incident that occurred several months ago that caused the town to look at adding a blasting ordinance. Any owner who wants to blast and remove a total of 300 cubic yards or less (per project) will be reviewed and approved the town’s Code Enforcement Officer with consultation with the town’s planner. Permits for more than the removal of 300 cubic yards per project must be reviewed and approved by the Planning Board. Carol summarized some of the major points in the amendment.
Bill Foster spoke in opposition to this new amendment. He said if someone is building a new residence and struck ledge, that person might not be able to blast the ledge to put in a cellar or a waterline if that property is with 200 ft of an adjoining boundary line or within 300 ft. of a structure. This change does not make it clear if this blasting is for only gravel pit blasting.
Finally, Brian Libby said this setback is only mineral extraction, not for building structures. Carol Billington said these readings are for the public to bring issues forward. Alan Connell said this ordinance was similar to the one in place in Topsham. Bud Benson joined the discussion and he read from C. (3) which said: Under no circumstances shall the Planning Board permit any blasting for rock or mineral extraction to take place within 200 feet of an adjoining boundary line or within 300 feet of a structure. Mr. Benson said it was for gravel extraction and asked Bill Foster how it should be worded to interpret it just for gravel pits. Carol Billington said he has brought up a good point. Brian Libby said it would be clearer if it said “blasting rock for mineral
extraction” and not the current wording. Bill Foster said he had no problem with blasting for mineral extraction for pits and quarries.
This Amendment can be read in its entirety online at the town’s website under the agenda posted for the June 3rd Council Meeting.
Public Hearing – Order 164-07 Amendment to Standish Town Code, Chapter 181, Land Use, Multiple Sections Regarding Accessory Apartments
Carol Billington said this Amendment to town code allows for an accessory apartment within an existing family dwelling to be rented out. This can be done in any zone except commercial. The Code Enforcement Officer will approve.
Performance standards are:
- Accessory apartment must be in the same building as residence or detached structure the meets building code requirements
- owner occupied to qualify
- only 1 accessory apt. per lot
- Not allowed not allowed on nonconforming lots
- No allowed in shoreland zone
- Site evaluation done for subsurface wastewater disposal
- 2 bedrooms limit
- 4 occupants maximum
- 1,000 sq. ft. of living space
- Provide off street parking
- Proper septic
- Must maintain the style and architecture of the existing structure
- Home occupations or tradesman use may be conducted subject to existing regulations
- Receive an occupancy permit by CEO
Carol asked for questions from the public. There was none.
Carol said that after this meeting, the terms of PersonNameEleanor Dudek, Brian Libby and Bill Foster end. She asked for volunteers to step forward.
Bud Benson said that the York County Soil & Water Conservation District was having a training session on Monday, June 9th, if anyone wanted to attend. Registration is required.
Brian Libby made a motion to adjourn the meeting and Alan Connell seconded the motion. All in favor and meeting adjourned at 8:45 p.m.
These minutes were prepared and submitted by Donna Sawyer, Secretary to the Planning Board.
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