Standish Planning Board Meeting Minutes 02-06-2017

Standish Planning Board

Meeting Minutes

February 06, 2017

The Planning Board meeting was called to order by Chairman Brian Libby at 7:02pm. Present were Mike Willette, Betty Thompson, Carol Billington, Jolene Whittemore, Cindy Beckwith, Bud Benson Town Planner and Jackie Dyer, secretary to the Planning Board. Absent was Adam Higgins.

Approval of Meeting Minutes from January 09, 2017

Mrs. Billington made a motion seconded by Mrs. Thompson to approve the meeting minutes from January 09, 2017. All in favor.

Approval of Finding of Fact:

A & H Land Development, 4 Wheaton Way, Map 8, Lot 9- Subdivision Amendment

Mrs. Billington made a motion to waive the reading and approve the Finding of Fact, seconded by Mrs. Beckwith. 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

Yolindi DeGouveia was present and addressed the Board. She said she wanted to clarify the point that when she was thinking about doing short term rentals for their house in March 2015, she had contacted the Town and was told by four different people that she could do this. She asked if she needed permits and was told she didn’t and this was an allowed use. She said she had wanted to use the property according to zoning regulations 181-5C, 21. She said the Town has put forth various conditions that will make her comply with Town and State regulations. She said she has spoken with the State Fire Marshall and was told they would need to put a fire suppression system into the house. She spoke with Jerry Leach, State Fire Marshall ,as to what the requirements are and they have also contacted the company of Dean and Allen as to what the cost would be.

She went on to say that they have been required to have 40 feet of the driveway paved, because of acceleration and braking, which will be done when weather permits. She went on to say that they have to designate the driveway as a fire lane and this requirement will be met also. She said they will install the needed signage when weather permits. She said they have been verified to have adequate site distance for the driveway and also lighting standards will be met for any event with outside concealed source lighting to avoid over lighting. She said they will have lighting on the side of the barn and will also have parking that conforms to the standards.

She said that there is a town approved apartment at the residence, but the kitchen from that apartment will be removed, to once again conform to the conditions of approval and town standards. She said they will reconfigure the area so the residence has only the one kitchen and is up to Town code. She went on to say they would add a wooded buffer next to the abutter, Neal Mosley that would conform to the standard. She said Neal is concerned about the buffer of trees making too much shade that will impact his field and the grass. She said he would rather there are no trees planted or a fence placed. She said Neal thought the fence would have to be constantly repaired. She said they would put up no trespassing signs that would adequately show the boundaries of the property.

Yolindi went on to say that the property has two adequate septic systems and they have also contacted Bud Harris, a soil engineer, to do another system and have it on file in case one of the systems were to fail. She said one system is for three bedrooms and the other one is for four bedrooms. She said the events would have seasonal bathrooms. She said they are willing to comply with all of the Towns requirements as well as the State of Maine.

She said that in regards to the neighbors complaining about the smoke from the fire pit. They will relocate the fire pit to somewhere that will not bother the neighbors as much and lessen the amount of smoke going up towards their houses. She said the Fire Chief would inspect the fire pit and issue a seasonal fire pit. She said they live in a community with people that have outdoor furnaces and fire pits, and she has the same rights as all of the other neighbors. She said they will adhere to the noise ordinances of the Town. She verified that the cut off time for noise is 10:00pm. She said to insure this is enforced, Neal Mosley, the abutter will try and make sure this is followed and help them out. She said they feel the best thing for the noise is to get a decibel meter that will measure the noise levels. She said when they have an event, the music would be played at a lower decibel than what is allowed. She said this would also comply with the requirement and the standard for the Town. She said Neal has said he would be available if any situation or complaint arises from the neighbors. She can also be contacted as well as the property manager.

Yolindi went on about how the property falls within the U.S. Department of Agriculture status. She said Route 35 is a major route and there is a lot of traffic going across it. She said there will be changes in land use in the years to come. She said many businesses use the route making noise and loud trucks going across it. According to the approved land uses, there is no regulation put onto them as far as engine breaking and other things when they use this route. She said there is a lot of noise, especially in the summer. She said she is not the first nor will she be the last to use her property for approved land use. She says she can’t make everyone happy, even if they comply with both federal and state standards, they are well with in their rights to use their property as they can. She said she and her husband and herself are both immigrants that came here and have worked hard, through many hard times. She said they have chosen the Town of Standish to spend their money in and this is why they are doing what they are with the property.

She went on to say they are trying to support the local economy. She said she has been demoralized, yelled at and even told to pack her bags and go back to where she belongs by some people. She feels she has been discriminated by many and this makes her sad. She said she came back to the meeting with 100% of herself complying with all that has been asked. She said she can’t believe what she has read in the memo and all of the restrictions and requirements being asked of her. She said she was told at the last meeting that those would not change and now they have. She feels this is discriminatory. She said this has left her no choice but to seek legal counsel. She introduced her attorney, David Lowry.

Mr. Lowry introduced himself and said he was representing Yolindi and Alan DeGouveia. He said he specializes in municipal and constitutional law. He said he agreed to come and represent her because he was greatly concerned about the proposed ordinance that was introduced to her in the memo concerning short term rentals. He said the short term rentals are not regulated by the Town and if they are going to be they need to be approved by the Town Council and not proposed to an applicant as a condition of approval. He said this can’t even be introduced as a policy from the Board. He said the Board is there to accept applications and make decisions on them, not make policy. He said it is illegal for the Board to make policies. He said he is not challenging the Board. He said the agenda called this old business and shouldn’t have been called that as this is new business. He said the DeGouveia’s have been dealing with the Town for a number of months and this proposed change is nothing but a slap in the face. He said this proposed change is not related to the application and is not legal. He said these conditions have nothing to do with the events center. He said someone spent an awful long time developing the short term rental proposals and what is essentially a complete and regulatory scheme.

Mr. Lowry went on to say this has to be done by policy and not as an ad hoc policy. He said the conditions have to be reasonable. He said this order is not proper and it is not legal. He said it’s unfortunate that this project is going to be in such controversy and could go to court if this is what the Town will impose. He said this is not a Town ordinance and they can’t and will not comply. He said they have agreed to some changes and have been trying to comply with even some that they do not agree with. He said this would be a breaker and can’t understand where this is coming from in the last minute and being discussed at the meeting. He said he wishes that this had come about before the meeting so it could have been discussed beforehand.

Mr. Libby told Mr. Lowry that he needed to stop him as he was rambling on to the Board about what they can and can’t do. Mr. Benson said he did not develop this but had just stuck it in for the Board to read and be aware of. He said this short term rental item in the memo came from Cape Elizabeth and it seemed to be working well for them. He said Cape Elizabeth has a short term rental ordinance and he just stuck it in there to try and help this application meet the standards. He told Mr. Lowry it was never the intent to make this a requirement for this application. Mr. Lowry thanked Mr. Benson and said he would take that as a que to sit down. He said if it isn’t really a proposal, he would stop attacking it. He said he thanked the Board and Mr. Benson for the clarification.

Mrs. Billington said when the Board had the workshop, they had a round table discussion as to what could be done. It was her impression that Mrs. DeGouveia was at the point that she was not wanting the social events center, but the short term rentals only. She said that she read what she was willing to do and now she has put the Board in a bad position as not being able to deliberate or craft anything to approve this application. She went on to say she would like to see more information, a copy of what Mrs. DeGouveia had read and what she was willing to comply with. She said she would want all the information analyzed by the Planner and the Board. She said they could make a decision based on what they have and nothing else, or they could gather more information from the applicant and be able to make a decision then. She said the application doesn’t seem complete with what they have now.

Mrs. DeGouveia said she hasn’t added anything new to the application. She has met every single item of approval and isn’t sure what other information she needs to add. Mrs. Billington asked her if she is still going for the events center and Mrs. DeGouveia said she has been told by everyone that is what she needs to do, so she is very confused. She said she was told by everyone, so she thought this is what she was asked for and needed to do. She asked why she should have to ask for a single family rental if there isn’t anything regulating it. She asked if she needed to apply for a social events center if she is only going to be doing a rental. Mrs. Billington said this meeting tonight is very different from what was talked about at the workshop. Mr. Benson said that social events center has nothing to do with lodging, but a single family rental does, when she is applying for it with a social events center. He said they have had a number of complaints on the property. He said that special events make it hard for neighbors in the neighborhood, with all of the noise and such. He said if she takes the tent off, then she just has a single family short term rental and not a social events center.

Mr. Benson said they need to talk about what will work. Mrs. DeGouveia said she doesn’t know what that means, other than something put in writing like conditions of approval. She said if they don’t do any events, do they need approval for the rental? Mr. Libby said if they don’t have events and take that off the table, they can do the short term rental and do not need Planning Board approval. Mrs. DeGouveia said she wants to do short term rentals and if a family rents it and they want to have a lobster bake, can they do this? Mrs. Billington said that if they have short term rentals, they can rent to families or whoever for a week or more. She said the problem with the property in the past is why they are here. It has been being used for large social events and has the neighbors complaining because of the noise and other problems. Mrs. Billington said are they truly using it like they are supposed to? She said they would not have to be before the Board for short term rentals, if the short term rental complies with all of the ordinances. She said if they got out of hand like before, that would bring them back to the Town again.

Mrs. DeGouveia said if a lobster bake is considered an event, she wants to get that cleared up right now. She said the renters do have people over for various things, but not to sleep over. She wants to all be on the same page. Mr. Benson said typically the social events take place inside the building, not outside. He said the complaints come from the outside with the loud music and people. Mrs. DeGouveia said she has read the complaints the Sherriff Department has and said she recommends the Town read them. She said this would tell them the findings when they were at the property.

Mr. Lowry said he thinks he is hearing from the Board that a social events center gives up the right to short term rentals. Mr. Benson said inns and hotels are short term rentals, which are allowed in the village center, not necessarily in the rural area. Mr. Lowry said that people have the right to rent their property out. He said if they want to have both the short term rentals and a social events center, there would be a change in the ordinance needed. Mr. Benson said the social events center does not say anything about lodging. He said the people he has spoken with, feel that they do need a short term rental ordinance, but it also takes a long time to do this. Mr. Lowry said he works a lot with dog barking problems and ordinances. He said he feels that a neighbor might be overly sensitive and you are going to get complaints.

Mr. Libby asked where we go from here. Mrs. Billington said they are deliberating a social events center with short term rentals. She said the Board has to know where they are starting. Mrs. DeGouveia said she has been yelled and screamed at with people telling her she has to go with the social events center. She asked about if they don’t have big weddings and events, would she be allowed to just do short term rentals and no events. Mr. Libby said we don’t do short term rental. He said the best thing to do is withdraw from the social events center. Mr. Benson said the lodging piece doesn’t really fit with the social events center and that seems to be what she has allowed to happen. She said she would be agreeable to do just short term rentals and no events. Mrs. Billington said if everything stays lo-key there will be no problem. Mrs. DeGouveia withdrew the application for the social events center and will do short term rentals. She thanked the Board for their time.

Shaw Earthworks, Inc., 333 Pequawket Trail, Map 5, Lot 70-Site Plan Application for Gravel Pit Expansion

Brian Shaw was present to represent himself. He said he isn’t here for approval tonight and really hasn’t any new information to present. He said they are in the process of working on their plans and seems like everything is moving forward. He said they have some good recommendations to work on and in a month from now, he feels he will have some new information to give to the Board.

Mr. Benson said he feels the shore land zoning along the stream is not correct as there is a fresh water wetland outside of that. He said it appears it’s a wooded wetland and not a freshwater woodland. He said he is still trying to figure out how the shore land zoning might need to be modified to deal with this. He said it is a flat wetland. Mr. Shaw said they know about this and after speaking with Bud, the change would need to be done on the map and redone with the entire stream area. He said there may be a small freshwater wetland on their side of Route 113, and all of that will be addressed. He will be back to the Board next month.

Acres of Wildlife, Pequawket Trail, Map 11, Lots 1-4 Site Plan Application

Bill Thompson from BH2M was present to represent the applicant in place of Andy Morrell who couldn’t be here as he had another meeting. He said at this time Acres of Wildlife is withdrawing their application. They will be seeking a contract zone and will be in touch with the Town when they are ready to proceed. He said they needed to get all of the building permits and plans completed. Mr. Morrell had sent a letter to Mr. Benson prior to the meeting stating they were withdrawing.

Standish Memorial Park, 670 Ossipee Trail West, Map 5, Lot 23- Site Plan Application

Bill Thompson from BH2M was present to represent the Town. He gave a brief over view of the project. He said that the Town had owned the property for quite some time and were now looking to expand the fields. The Town had bought a piece of land from the Blake family recently. He said there is presently a parking lot and where there are events going on, it gets over filled and the traffic spills out onto Route 25 to park. He said they would have two entrances and this would make the flow of the traffic better. He said they would clear and stump the field and then loam and seed it. They will have 73 parking spaces available and then another 31 coming off from Diamond Lane. He said this would be done to eliminate congestion with traffic. He said the flow through of the traffic should work well. He said there is potential of quite a few fields.

Mr. Thompson (Bill) said there is a pretty steep grade and they will be taking that down and smoothing things out so the grades can be made for ball fields and athletic fields. They will loam and seed that area and let it be until something needs to be built there.  He said with having two entrances, it should eliminate the Route 25 problem and make things a lot better. He said there is an elevated viewing area looking over the fields and spectators would be able to stand up there and watch the events or whatever is going on. He said they have a storm water plan in place to have all water run off the fields adequately. They are in the process of meeting with DEP about the storm water. He said any parcel five acres or more has to have approval from DEP. He said he wanted to just go over things tonight, ask for any questions and move forward possibly with a site walk or finding the application complete.

Mr. Libby asked for public comments or questions. Kate Waters spoke and said there is a boundary dispute with the property as to where they want to put the access road. She said they do not agree at this point and would like to encourage the Board to try and resolve this dispute before the access road is put in. Paul Thompson said that he feels there is an encroachment from the Town pertaining to this property. He asked when the original ball fields were built, were there any Town deeds he could come and look at. He also asked for a map or print of the fields. Mr. Benson told him that he could come and look at the Town files. He asked about the second road and he said that’s where the property line is in dispute and he would like to see that area stayed away from until this is resolved.

Mr. Thompson (Paul) said there is a culvert on Route 25 that is plugged up and the water is running onto their property and this is of concern to him. He would like to see buffering on the lines and he also asked about the bathrooms on the property. Mr. Libby said the plan calls for porta pottys. Mr.  Thompson (Paul) asked about entrances on an existing road. Would the applicant be asked to remove the entrance as he has been asked to on some of his projects? Mr. Benson said when the curb cuts are too closely spaced, that is when an entrance is asked to be removed. He said there can’t be too many on any one lot. Mrs. Whittemore asked about the boundary dispute. Mr. Libby said that isn’t up to the Board, it’s between the applicant and the other land owners. Mr. Benson said they had done a survey, but the surveyors were not completely comfortable with the information they have gathered. That is why they are trying to resolve it between the Town and the landowners. Mrs. Waters asked who the applicant is and is it the Town.  Mr. Libby told her yes. Bill Thompson said they are trying to clear this up and they are trying to get it finalized.

 Allen Grenspan asked how the surveyors had come up with the line they have and what information it is based on. Bud told him that he does not know as he does not get involved in the surveys. Mr. Libby said it goes by previous deeds and research. Bill Thompson said there is a lot involved: monuments, previous lines, deeds, tree lines and other factors. Mr. Benson told Mr. Grenspan that if he has any other evidence he can provide, the surveyors would appreciate it. The abutters do have the right to dispute the line and hire their own surveyor. Mr. Thompson (Bill) said it is their responsibility to find the line and then work with all parties involved. If he said they all agree, then a line is established and also a written agreement between the land owners and the Town. He asked what the Board would like staked out for a site walk. Mr. Libby said where the parking lot is going and also where the new road is going in would be good. Mr. Libby asked when the potential start date for this project is and Mr. Benson told him that they would like to do the fireworks display there in July, so they would like to move forward as quickly as possible.

There were no other comments and a site walk was scheduled for Monday, March 6, 2017 at 5:00pm.

Amendment to Standish Town Code, Chapter 181, Land Use, Section 181-7.1, Form Based Code Village Districts (FBCVD)

Mr. Benson said this is adding in a day care use into the Town center in an already existing structure since June 07, 2011. Mr. Libby said this just cleans up and added a potential daycare. Mr. Benson said they are looking at a location where there is not a high potential for a lot of traffic. Mrs. Billington said they cannot build a new structure, this is just adding it in for an already existing building. Mr. Benson said some of the owner of the buildings there are looking for ways to use and improve them.

There were no other comments from the Board or the public. Meeting adjourned at 8:06pm.

03-01-2017

Amended on page 4(taking not out of the sentence) from a statement from Mr. Benson.  JWD