Standish Planning Board Meeting Minutes 01-09-2017
Standish Planning Board
Meeting Minutes
January 09, 2017
The Planning Board meeting was called to order by Vice Chairman Carol Billington at 7:00pm. Present were Betty Thompson, Jolene Whittemore, Adam Higgins, Cindy Beckwith, Bud Benson, Town Planner and Jackie Dyer, Secretary to the Planning Board. Absent were Brian Libby and Mike Willette.
Approval of Meeting Minutes from December 07, 2016
Mrs. Whittemore made a motion seconded by Mrs. Beckwith to approve the meeting minutes from December 02, 2016 meeting. All in favor.
Approval of Finding of Fact:
Randall Dube, 9 Clark’s Point Road, Map 53, Lot 4-Shoreland Zoning Application
Mrs. Beckwith made a motion seconded by Mrs. Thompson to waive the reading and approve the Finding of Fact. All in favor.
Old Business:
Alan and Yolindi DeGouveia, 470 Bonny Eagle Road, Map 6, Lot 59-Site Plan Application for a Social Events Center
Wayne Wood was present to represent the applicant. He said he feels they have done everything they need to do as far as the plan goes. He said they have redone the parking table on the plan, the measurements for the road frontage, the fire lane per the fire departments recommendations and also they have done the measurements of the septic and the well.
He said they have Dean and Allen on board to do the fire sprinkler system, but they have things on hold until they at least get the go ahead from the Town. He said that one of the things mentioned was the water had to be tested so they can use it on site and that will be done. He mentioned the noise buffer and landscaping with the giant arborvitae trees for screening and noise reduction.
Yolindi DeGouveia said they did a water test and the water is free from arsenic and other things that could harm the quality of it. The water was tested for over 20-25 gallons per minute. There was some bacteria, which wasn’t a concern. She said she knows they have to remove the kitchen in the so called apartment, but doesn’t feel they should have to. Mrs. Billington asked if they had applied for a separate use and she said through the Town this was okayed years ago. Mr. Benson said this is not an in law or accessory apartment and because of the code now, it needs to be removed. He said that the CEO is the person she needs to speak with. This is not an owner occupied residence and the additional kitchen needs to come out. The Planning Board has no authority to approve the accessory apartment and the stove needs to be removed. He told her she would again need to speak with the Code Enforcement Officer about some of these issues.
Mrs. DeGouveia also had some questions about the septic and wanted to know if they have to do anything with the septic as they have two systems. She can do a letter of recommendation from the soils engineer or she can have another design done and have it on file in case one of the systems fails. Mr. Benson said one of the conditions of approval is to have an adequate system already in. He said it might work for the existing system, but he felt a new system would be required. He said the CEO might be okay with a system expansion on file and then if something happens, they will already have it and can upgrade it. He said there have been no communications from anyone about an upgrade. Mrs. DeGouveia said that all of the events would be run off from seasonal bathrooms or porta pottys.
She said they do not use the house for social events, other than the gatherings of sixteen people in the house. She said the two septic’s are adequate for the 6 bedrooms or sixteen people in the house. She also said they have people supply their own water when they come for an event and they bring bottled water for themselves. Mr. Benson said if they are preparing anything on site, the water might have to be tested and registered by the State of Maine as an ample and safe supply. He said the well would have to be tested and treated annually. He said the villages are typically on public water, but they have a well and that makes a difference.
Mrs. Billington asked for any public comments. Kim Eastman, an abutter rose to speak. He asked who monitors the noise and enforces it. He asked what mechanism the Town has to enforce the noise laws. Mr. Benson said he brought a copy of the noise ordinance and his understanding is that you would have to get the Sheriff involved. Mr. Eastman said if they call and say there is too much noise, who determines that? Mr. Benson said they need to refer to the ordinance in place and talk to the Code Enforcement Officer. Mr. Eastman asked if the Town had a DB meter that measures the decibels of the noise. Mr. Benson said he thought the Sherriff’s Department had one that was available to them, but has not been involved in those issues. Mr. Eastman said the Sherriff’s Office told them they can’t enforce anything until after ten pm. Mrs. Billington said she thought that was in the ordinance.
Mrs. Billington said if they have an issue, they need to call the Sherriff. She said if there are some issues on this, the Planning Board can put stipulations on an application as far as hours of operation and also on times that things would have to be shut down. She said there seem to be some issues with the gatherings and this should go to a workshop. She said they all need to sit down and see what they can do to come to some agreement between the applicant and the abutters. And if they have certain stipulations, will Mrs. DeGouveia still want to go through with this application? Mr. Benson said the ordinance talks about different limits with noise and different times.
Patti Eastman, an abutter rose to speak. She showed a news article where the Planning Board has just approved a social events center for St. Joseph’s College and said that is what a social events center should look like. She said that what they are proposing is two things, both of which they have been doing for the last three years and not with permits. She said they have events and they have lodgers. She said they have called the Fire Department many times. Mrs. Billington said she was going to stop this now as they have gone through this exact conversation in the last meeting. Mrs. Eastman said she did have something new to add. She said that her understanding is that they would need a town permit for lodging. Mrs. Billington said this application is here because they are applying for a permit for what they have already been doing.
Mrs. Eastman said that in Chapter 181-15, there are ordinances about lodging houses, boarding houses and what the stipulations are for the State of Maine and the DeGouveia’s do not have any license. Mr. Benson said the Board is not approving an inn, a lodging establishment or boarding house, these are separate. Mr. Benson said they are renting this as a single family home. Mrs. Eastman said that under 181.5 under section D, it says that approval for lodging is a special exception and goes before the Board of Appeals first and then to the Planning Board for final approval. She said it lists a couple of different things and this is listed under an inn or a bed and breakfast. Mrs. Eastman said it lists things under lodging and this is possibly forth coming from the DeGouveia’s. She said that the last thing she has to read is that Chapter 181 Land Use-Site Plan Review is the purpose and the purpose of the Planning Board. It says that the Planning Board reviews applications for the health and welfare of the community or impact on the economic value and the right to peace and quiet for the abutters and the neighbors.
Mrs. Billington asked for any other comments. Mrs. Beckwith said she would like to have a full grasp of this and a workshop. Mrs. Whittemore said she thought the workshop was right after the meeting tonight. Mrs. Billington said they will go to workshop right after the meeting.
New Business;
A & H Land Development, 4 Wheaton Way, Map 8, Lot 9- Subdivision Amendment
Dennis Harmon was present to represent himself. He said they had to reconfigure two property lines as a mistake had been made and a home was put to close to the line when they were building. He said the Board has all of the paperwork necessary and this application is pretty straight forward. He said the only difference in the original plan and the one now, is where the line was reconfigured and drawn. No one will lose any land or gain anything. That way, any other issues will be prevented in the future.
Mrs. Billington asked what was moving where and Mr. Benson said it is the line that is moving towards the common area. He said it really doesn’t affect anyone, but the amendment to the plan needed to be done and taken to the Registry of Deeds, as surveyors in the future would be able to figure out where the property lines are.. He said the lot line was adjusted and this was done to keep the net area the same. This extra was taken from the common area and added to each lot. Iron pins will eventually be placed where the adjustment was done.
An abutter was present and asked what was changed and did it affect her at all. Mr. Harmon said it doesn’t. The amendment was a ways from her but she was notified because she is an abutter. Mr. Harmon said this is just a tweak but needed to be taken care of on paper. There were no other comments. Mrs. Beckwith made a motion to find the application complete seconded by Mrs. Thompson. Mrs. Beckwith made a motion that the Board approve the application seconded by Mrs. Whittemore. All in favor.
Shaw Earthworks, Inc.,333 Pequawket Trail, Map 5, Lot 70-Site Plan Application for Gravel Pit Expansion
Brian Shaw from Shaw Earthworks was present to represent himself. He said they were here last winter when they bought this pit from Rodney Boyington. He said they have started some reclamation in the back of the pit. They would like to expand and move further away from Rt.113. He said they already have DEP approval, but are now seeking the Planning Boards approval as well. He said they have talked to Bud about this and have turned in the plans already to him. This approval would be contingent upon receiving approval and getting the shore land zoning map changed, as it is not clear in their area. He said they have had a soil scientist doing an evaluation and still have some other things to do, but they would like to get ahead of this before spring.
Mr. Benson said this project is quite involved and he could have said no to this but there is so much to be done before this is approved. There are streams involved and also the lake. There is another brook that has a couple more wetlands and he is not sure if the shore land zoning map is correct or not. This may be a fresh water wetland, but he thinks it is a forested wetland. Mr. Benson said until these issues are resolved, like where the groundwater is, this application should not be approved. He said in the new DEP approval, they have a variance to go within one foot of the water table. He said the new section needs to be clarified where the water table is and eventually they will get it. He said that if it’s a fresh water wetland or a forested wetland, there still needs to be some type of a buffer so that it keeps things draining. He said it’s only a short distance from the streams to Watchic Lake and the lake is very sensitive to phosphorus. He said there are many details needed and how are they going to do this proposed gravel pit expansion without causing erosion to the lake.
Mr. Shaw said they are five feet above the water table and they have done numerous test holes throughout the pit already. He said they have determined the elevation of the pit floor as it has quite a slope and it heads away from the lake and neighboring wells. He said that they have shown a 25 foot buffer and sediment ponds to where things drain to. Mr. Benson said they need point elevations and also the watershed of the pit. He said there are a lot of details left. He told Mr. Shaw they can meet and talk about the details and determine where exactly the water table is and how the pit is going to proceed when they find out what type of wetland they have. Mr. Shaw said they have an alternate way in away from the stream if they need to. The alternate road would cross the stream. Mr. Benson said the stream is what these wetlands are connected too and if the shore land zoning is correct, he may have to go a different way away from the wet lands. Mr. Benson said they need to walk the pit and be able to see what they are looking at and how to proceed with this expansion application. Brian said DEP was okay with their findings and have drawn the wetland as a forested one. Mr. Benson said they need the information documented and submitted to DEP so they can substantiate it in writing.
Mrs. Billington asked for public comments before they proceed. Bob Joslyn spoke and said he is an abutter. He said he was glad they are proceeding slowly and cautiously because of the shore land zoning. He said they are waiting for a report so they can see what the water quality is for the lake at the present. He said his family has owned on the lake for over 70 years. He said he appreciates how the Town has fought to protect the lakes and streams and he appreciates everyone’s efforts. He said he loves the lake and he now has a fifth generation owner with his grandson.
He said the application states they are asking to expand hours of operation with no Sunday hours, but daily hours would be 7 to 7 Monday through Friday. He said there are issues with that as far as safety and quality of life, especially during the summer. He said there are rules that are in existence and now they are looking to expand their hours. He said they have talked with Mr. Shaw as far as the pit, now he hears they might be thinking down the road of putting in a trailer park, which he felt caught them off guard. He said they also have stated they want to bring in stuff from the outside to crush and then resell. He said the conditions stated that there would be nothing brought in from off site and crushed. He said when they met in July, they were told they might want to bring in old asphalt. He said this pit is right in the middle of the rural area with houses directly across the street.
He said their sign states that materials can be picked up, bought and or delivered. He wants to know what their true intentions are and what this means. Mrs. Billington said the ordinance states that gravel pits can operate from 7 to 7. She wonders how the conditions came about that shortened this. He said the pit owners are in their right to operate from 7 to 7. Mr. Joslyn said he is talking about what has existed for the past 17 years. Mrs. Billington said they have a land use right to operate from 7 to 7. And she said they also have a right to come in and ask for an expansion of hours. He said there is also a question on crushing on weekends and things from off site. Mrs. Billington said they go by the previous rules and conditions of approval. Mr. Joslyn said things have changed in the area and will they do something to compromise safety further? He just wants Mr. Shaw to be aware of their concerns.
There were no further questions from the public but Mrs. Billington asked if they could possibly approve this without a site walk. Mr. Benson said they probably could but going through the Standards, they need to be able to say they have all they need from the applicant and can make a decision. He felt they might like to do a site walk in the Spring and also look at some of the other standards, as there are a number of them .Mrs. Billington said she would like this tabled to the next month’s meeting so they can come forward with more information. Mr. Shaw said when he was filling the application out, he had read the ordinance and in the summer, they might need to work late some nights, at least until 6pm. He would just like to have the leeway if they need it. He said the crushing pertains to asphalt. They like to crush it and sell it as reclaim for projects they have going. He said you can bury it, but they would prefer not to because of what the asphalt contains. He will come forward with more info next month.
Mr. Higgins made a motion seconded by Mrs. Billington to table this until February when more information will be available.
The meeting was adjourned at 8:00pm.