Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
January 07, 2019
The meeting was called to order by Acting Chairman Charles Brown. Present were Pat Knight, Deborah Boxer, Jolene Whittemore, Roland Cloutier, Adam Higgins, Jackie Dyer, Admin. To the Town Planner and Planning Board. Also present was Zachary Mosher, newly hired Town Planner.
Approval of Meeting Minutes from December 03, 2018
Mr. Cloutier made a motion seconded by Mrs.Whittemore to accept the meeting minutes as written. All in favor with Mrs. Knight abstaining from the vote.
Approval of Amended Finding of Fact:
Standish Donuts, Map 10, Lot 62
Mrs. Dyer said that we need to do an amended Finding of Fact as she had made a mistake in the previous one and had been notified by the applicant’s lawyer, Sandra Guay that it was incorrect. She said after reviewing the recorded meeting she had made a mistake and this was now corrected and amended. Mr. Cloutier made a motion seconded by Mrs. Whittemore to accept the amended Finding of Fact. All in favor.
Hearings:
a. Old Business:
Item #1 Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4 -Site Plan Application for PHASE II
Andy Morrell from BH2M was present to represent the applicants. Also present were the applicants, Michael Baptista and Elaine Burnham. He said they are now looking for a Phase Two approval. Phase One was approved back in November for 4 structures. They would like to move forward and have approval. He said Albert Frick Associates is currently working on all of the sewer systems and getting updates. He said they are approximately 95% through that work.
Andy said that any future approvals might involve the sewer systems and they are also working with DEP and the Natural Resources Act permitting to come into compliance. He said the next time they come back they may have their DEP approvals. He said Phase Two doesn’t include any new structures and nothing on the sewer systems. He said they include six structures which he has listed on the application. He said that one of the structures, the Pit Fuel shed, holds only oil and nothing else. He said they are handling stormwater runoff the same as they did on the other application. He said this is the off season for the campground and they can hopefully get some construction done over the winter months.
Andy said that in the memo there were some questions raised. He said it has to do with the existing structures both in Standish and Baldwin. He said that information has been on the plan for a very long time. He said they had discussed where it came from and they went to Baldwin and found there was a permit issued in 1993 and that is where the approval comes from for that Town. He said Jackie had received a copy of it today.
Mrs. Boxer asked how much of Phase One had been completed and Mr. Baptista said not much. He said they are fighting weather right now and he wasn’t sure of how much would get done and how much longer they would be able to get out there. He said they are trying to do all they can and they got building permits for the three round Hobbit houses. He said they are working on getting heat to them and had access to them blocked off so people couldn’t drive to them. He said he hasn’t bought any lumber or anything and he isn’t sure if they can get in there to work on anything.
Mr. Brown asked about the Pit Fuel shed and was there any gasoline distribution. Andy said it’s used for oil for equipment like hydraulic oil. He said they don’t keep anything else in there. Mr. Brown asked if they needed a license from the Fire Marshall’s office and Mr. Baptista said no. Mr. Brown asked about propane. Elaine Burnham said they have a fueling station for unleaded fuel and they are licensed for that as well as propane. She said Mr. Baptista is licensed for the propane and distributing it. She said she just renewed the unleaded fuel license. She said she will get a copy of the unleaded fuel license for the record.
Mr. Brown asked about the other five structures and Andy said they are already built and this is an after the fact approval. They have all been built since the 1988 approval. Mr. Cloutier asked about the metal shed and Michael said the roof caved in and he had reroofed the shed and have basically refurbished it making it a sound structure. Mr. Brown asked about the dimensional drawings and Mr. Baptista said he did those, just like the last application. Mr. Brown asked if the Code Enforcement Officer had seen the drawings and Mrs. Dyer told she didn’t think he had. Mr. Cloutier said he would like add a condition of approval and that is to have the Code Enforcement Officer go out to the campground and confirm the measurements. Mr. Baptista said that they did this same thing in the last application.
Mr. Brown asked about a checklist for the drawings and Mr. Higgins said he didn’t feel it is necessary and made a motion to find the application complete. Mr. Cloutier seconded the motion with the condition added that the Code Enforcement Officer would go out and confirm the measurements of the existing buildings for Phase Two. All in favor. Mr. Higgins said that they should be looking to sit down and discuss Phase Three.
Item# 1A Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11-Application for a contract zone
Mr. Higgins made a motion to table the application until February and this was seconded by Mr. Cloutier. All in favor.
Item #2 Tom Daniels, Apple Lane/Village View, Map 35, Lot 34/Map 10, Lot 6-A Subdivision Application (Brookstone Phase 2)
Jason Viardias was present to represent the applicants. He said they have a couple of items they are altering and are having the plans redone showing this. He asked if they might like to go to workshop or just submitting the new set of plans. He said the workshop would be beneficial and to go over the checklist. A workshop was set for January 28th, 2019 at 6:00pm.
Item #3 Leavitt-Tompson, LLC, Map 10, Lot 11-Site Plan and Preliminary Subdivision Application- Highlands Subdivision (Between Oak Hill and Rt.25)
Larry Bastion had sent a request via e-mail to Mrs. Dyer asking for this application to be tabled to February. Mr. Higgins made a motion to table seconded by Mr. Cloutier to table this application. All in favor.
Item #4 Edward Estey, DBA-Eddie’s Market, 1147 Pequawket Tr., Map 33, Lot 31-site plan application for change of use
Ed Estey, Dawn Estey and Pete Farmer were all present for this application. Dawn said they are here for approval as they have updated the schematic drawings and proved the septic is okayed for the additional use. She said she had heard comments about turning the store into a bar but she said that has never been mentioned. Mr. Brown asked if they had looked at the comments from Mr. Benson and they replied they had. Mr. Brown asked for Board comments or comments from the public. He said they just received the updated plans now and the Board really hadn’t had a chance to go over them.
Mr. Brown said the zoning for this application is Business-Commercial and the biggest issue is the parking. He said the parking on the plan passed in now looks quite a bit different than the original plans. Mr. Farmer said the original plans were based off a three rod width from Rt.113. He said he called DOT and they told him it’s a four rod road with a 66 foot right of way and another right of way off Mill Street. Mr. Brown said there is no reference on the plan how far from the store is from the railroad tracks. Mr. Farmer said that is up in the air also as no one seems to know. Mr. Brown said that if he called the State they would be able to furnish him with that information.
Mr. Farmer said according to some Mr. Estey owns part of the tracks and according to others he doesn’t. Mr. Farmer said he hasn’t been able to find any firm record. Mr. Brown said all of the parking they are showing is off Mill Street and Mr. Farmer said there are at least two viable spots in the front. Mr. Brown said the original 3 spaces shown are now not shown on the plan, but are all shown on Mill Street. Mr. Farmer said they actually don’t need those and what they need is actually 7. He said he believes 9 spaces have been grandfathered. He also said that one of the main concerns was the septic which they have found to be okay via Mark Hampton Associates.
Mr. Farmer said that the letter from Hampton Associates says they need to monitor the septic flowage every day to see what it is after the proposed change. Mr. Farmer said that there is only one employee in the store and that is Mr. Estey, no other employees. He said the numbers sent to them work. Mr. Brown said that the district is Business Commercial not Village Center. Mr. Brown said the difference is in the parking requirements. He said that the seating aspect is supposed to be an accessory use to the retail sales and Mr. Farmer said that’s the first time it’s been brought up. Mr. Brown said it has to do with the use. Mr. Estey said they have tried to be clear with what they are asking for and Mr. Brown said the use is not permitted as a restaurant and this is not a conforming lot.
Mr. Farmer said they are expanding the business and not adding a restaurant and what is the definition. Mr. Estey said they can come in and order a sandwich, a beer or a drink and he would give it to them. Mrs. Knight asked if they would pay before or after they are served. Mr. Estey said they would come to the register. She said this isn’t really a restaurant just a place to order and sit down with your food. She asked if that changes anything about being a restaurant. Mrs. Boxer said a restaurant can serve alcohol and they are asking to serve alcohol inside. Mrs. Knight asked if a possibility could be to not serve alcohol, Mr. Estey said they would like to have people have an option about having a beer with their pizza. Mr. Higgins said there is a difference between being able to serve alcohol on the premises and not serving it.
Mr. Higgins said if they remove the option of the alcohol served on site it becomes an eatery. He said under the present application and zoning serving alcohol is not something the Board can approve, that has to go to the Council. Mr. Farmer said they have about 1200 square feet of retail space and the size of the space has never been an issue. Mrs. Whittemore asked about monitoring the alcohol they sell and people opening up alcohol they brought in. Mr. Farmer said that’s up to the owner and Mr. Estey said he has to take a bar tending course every four years. Mrs. Knight said if they take serving the alcohol out of the application, can they get this change of use.
Mr. Cloutier said if the primary use is retail and he adds an eatery that changes things. Mr. Estey said he can’t sell many retail items and it’s hard to do that. Mrs. Knight said she feels it’s more appropriate to just have an eatery and no alcohol. Mr. Estey said you make more money being able to serve the beer. Mr. Brown said the Town Council has to approve the alcohol license and not the Board. Mr. Higgins said that there are other site issues with the property and moving away from a retail store to an eatery. He said they need to resolve some of the issues such as being a non-conforming lot. Mr. Brown said a restaurant is where food and drink are served and consumed inside or outside of the premise of the parcel. Mr. Brown said retail sales have to be the primary use there and not an eatery. Mr. Estey said that when you walk in it still looks like a store. Mrs. Knight said she didn’t know if you needed a permit just to sit down and eat your lunch. Mrs. Brown said a change of use is the issue. Mrs. Knight said as long as they are not drinking alcohol, would it make a difference?
Mr. Brown said that as soon as you do a change of use, it makes a difference and you have to have a site plan review and go through all of the required items needed. And also you would have to go through each item and are you willing to grant waivers for some of the items needed. Mr. Brown said it would be an accessory use and Mr. Farmer said it’s a matter of wording, not a difference between an eatery and a restaurant. Mr. Brown said there is no plan in front of the Board showing pins or anything. Mr. Farmer said Mr. Benson told him to measure from the road and Mr. Brown said that is different than a boundary survey. He said the roads out front only are one line and the pin from Mill Street is just another line. Mrs. Estey asked about a survey and had one ever been done? Mrs. Dyer said she didn’t know if Mr. Herrick, the abutting owner had one done when he bought his land, but it might be worth asking him. A part of the building sat over on his property for many years and was taken down.
Mr. Farmer said that maybe Mill Street sits on people’s land and he can show where it is. Mr. Brown said he has no idea as he doesn’t have a signed and sealed survey in front of him. Mr. Farmer said that maybe the Town built Mill Street on someone else’s property. Mr. Cloutier said the Board needs to do something and he would like another work shop. Mr. Higgins said he would be up for a workshop as we were just furnished with new information when the meeting began. A workshop was scheduled for January 28, 2019 at 7:00pm.
New Business:
Item #5 Cold Brook Estates, DBA- A & H Land Development, (Jenni Lane), Boundary Road, Map 8, Lot 9- Subdivision Amendment
Craig Burgess from Sebago Technics was present to represent the application. Because of his affiliation with Sebago Technics, Mr. Brown recused himself. Mr. Burgess said that Dennis Harmon from A&H Land Development was with him tonight. He said that originally there were 54 lots to be serviced by public water and they would like to amend that and give up the 9 bonus lots, as they are not going to provide a well house/pumping station due to the huge expense. He said since 2008 Phase One has been finished and has a road extension from Boundary Road about 1200 feet and the water main extended also.
Craig said that the water pressure isn’t very high and a booster pump would be needed but they do not want to do that. They will do wells and septic systems, removing the 9 bonus lots from the subdivision with a total of 45 lots. Ellie’s Circle would be removed in its entirety. There would be a water cistern system in place of a fire hydrant. They have submitted a minor site plan amendment to the DEP and are hoping to hear from them in the next two or three months. He said they hope to be able to move this along quickly and start construction in the spring.
Mr. Higgins asked about questions from the Board and Mr. Burgess said he had spoken with Mr. Benson but had not seen the memo. Mr. Cloutier said there were some comments from the memo about a nitrate study with the septic’s. Mr. Burgess said they have a nitrate analysis submitted to DEP and will hear from them as well about that. He has included the nitrate study in the application. Mr. Higgins said he felt a workshop was appropriate and Mr. Burgess said the items in the memo would take him about fifteen minutes to explain and correct. A workshop was scheduled for January 28, 2019 at 7:45pm.
Item#6 Michael Walker, DBA Old Standish Lodge, 22 Ossipee Trail W, Map 36, Lot 34- Site Plan Application
Mike Walker and Alberta Byrnes were present. Alberta explained that she is helping Mr. Walker with the sale of the property and she said the records in Town Hall do not really tell what the property is. Mr. Walker said when he bought it, it was grandfathered as a function hall and one apartment on the second floor as well as one office space. He said when he got the money together he started renovating the building and added the extra two apartments. He did those and rented them immediately.
He has gone under contract with the building and it is proposed to be a three chair hair salon, as well as three apartment rental units. Mrs. Byrnes said the first floor is a function room and rented for parties, etc. The second floor is two one bedroom apartments and the third floor has one apartment. There is an existing fire monitoring system through an alarm company (ADT) and each unit has two exits. The septic system seems to be adequate for what is there and what is proposed. This was verified by Bud Harris. There are 24 parking spaces and plans have been submitted to the State Fire Marshall’s office for either a two hour fire material to be installed into the ceilings or if that isn’t adequate, the building would require being fit with a sprinkler system, which he has been told that he would have one year after approval by the Town to complete.
Mrs. Byrnes said there is handicapped parking already and also a ramp for use if needed. We do have a fire report but it was submitted after packets were done. Mr. Higgins said he would like a workshop to go over things and get them worked out. Mrs. Byrnes asked what the purpose of a workshop would be and Mr. Higgins said he has questions and would feel he needs more time before any decision is handed down. Mr. Brown asked if Mrs. Byrnes had seen the memo and she had. Mr. Benson had mentioned parking and they have already submitted that with the application. The parking table is there said Mr. Brown and so is the HHE200 from Bud Harris. Also the trees and plants had been put on the plan for buffering. Mrs. Byrnes said this will no longer be a function hall when it’s sold, it would be 3 apartments and a hair salon. She said that no special provisions need to be made as far as the septic is concerned and the building is on public water.
Mr. Walker said the septic shouldn’t be a problem and Mr. Brown said that grease and soap wreak havoc with septic systems. Mrs. Knight asked how many people will be working in the salon and Mrs. Byrnes said just two of them. Mr. Brown said the landscaping needed to be shown and Mrs. Byrnes said the building is right on the road with a sidewalk in front, leaving no room for any trees or shrubs. Mr. Walker said he can add the shrubs/trees on the plan quickly and also the proper parking table. Mr. Brown said he wouldn’t mind a workshop either. A workshop was scheduled for January 28, 2019 at 8:15pm. Mrs. Whittemore said that there will not be an approval at the workshop but at the February 04, 2019 meeting. She didn’t want the applicant to think this was for approval when it isn’t. Mr. Walker said that he felt he should have spoken with the Fire Marshall by then and will find out if the two hour material will meet the standards or should he need a sprinkler system. Mrs. Byrnes will submit their plan revisions by the end of the week.
Mr. Higgins welcomed Zach Mosher as the new Town Planner. He will be approved by the Town Council tomorrow night at their monthly meeting and start with the Town on Monday, January 14, 2019. The meeting was adjourned at 8:30pm.