Standish Planning Board Meeting Minutes

Meeting date:

Monday, February 4, 2019

Standish Planning Board

Meeting Minutes

February 04, 2019

The meeting was called to order by Acting Chairman Charles Brown at 7:00pm. Present were Roland Cloutier, Jolene Whittemore, Deb Boxer and Patricia Knight, Zach Mosher, Town Planner and Jackie Dyer, Admin. To Town Planner and Planning Board. Absent was Adam Higgins.

a. Call to order

b. Opening Statement from Planning Board Chairman

c. Declaration of a Quorum-5 present

Approval of Meeting Minutes from January 07, 2019

Mr. Cloutier made a motion seconded by Mrs. Whittemore to accept the meeting minutes as presented. All in favor.

Approval of Finding of Fact:

Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4 Site Plan Application for PHASE II

Mr. Cloutier made a motion seconded by Mrs. Boxer to waive the reading of the Finding of Fact. All in favor. Mrs. Boxer made a motion seconded by Mr. Cloutier to approve the Finding of Fact. All in favor.

Old Business:

Item #1 Acres of Wildlife Campground/Michael Baptista , Acres of Wildlife Rd., Map 11, Lots 1-4 -Site Plan Application for PHASE III

A request from the applicant was made to table this to the March 2019 meeting. Mr. Cloutier made a motion seconded by Mrs. Whittemore to table this to the March 2019 meeting. All in favor.

Item #2 Edward Estey, DBA-Eddie’s Market, 1147 Pequawket Tr., Map 33, Lot 31-site plan application for change of use

Ed and Dawn Estey were present to represent themselves. Dawn said that they had done this application and were heard in the December 2018 meeting. She said they have been asked to submit many things and they have. She said they approached the Planner in November and wanted an option to use the building as an eatery to try and increase business. She also said at the December meeting it was presented and then had a workshop. She said they have attended all the meetings and met with the Town Planner to address different issues. She said they were asked about the septic and had to prove it was adequate and were also told the building is in a different zone than previously told, being business commercial. She said they are not a detriment to the neighborhood in any way and they feel they are a good asset to the village of Steep Falls and closing the business would not be a good thing.

Mr. Brown asked if the Board had any questions and Mrs. Boxer asked about them serving food as this is different than having people order and then go and sit down. Dawn said she had probably said it wrong as people are going to order and get the food themselves, not be served. She felt the eat- in would hopefully increase their sales. Mr. Brown asked if they had seen the memo and they said they did not receive it. Mr. Brown said that they would have to waive some of the requirements and there are some potential issues. There is no professional boundary survey and this would prove the parking on the property. He said he had looked at the deed and there is a discrepancy in what the deed says and where the building sets on the property.

Mr. Brown said the discrepancy is on the back of the property between the back of the property and Mill Street. He feels it would need to have a boundary survey and asked how the Board feels about it. Mrs. Boxer asked about the deed and where Mr. Brown was explaining about. He said there are no measurements given on the deed. Mrs. Boxer said that she feels the building has been there so long, did it really matter. She said people have always parked there and probably would continue in the future. She asked if the pool table was removed and Mr. Estey said no. Mrs. Boxer asked if they could approve this but not the pool table. Mr. Mosher said they could do an approval and have conditions in there other than what is in the memo. Mr. Brown asked if they would waive the survey or what would they do. He said in the front two or three cars are in the right of way when they park out front. Mr. Cloutier said that he feels the CEO would have some reservations even if approval is granted, they would still have a challenge ahead of them.

Jeff Adams spoke and asked if we would take a boundary survey from the registry of deeds. He said he wanted to do a sporting goods store and he had spoken with the State and they were willing to give up the parking for the store. He said he has worked for the State and he knows they can lease the parking spaces as he claims the State official told him that. He said he had called the Town many times and the Town had said no issue, but when he came to the Town, the State had called them already. He said he couldn’t remember who he had spoken with and had nothing in writing. He said he would like to still have a sporting goods store there. He said there have been tables in there for years.

Mr. Cloutier said if they move forward with an approval, they would need a stamped survey. Mr. Estey said they can’t afford that. He said he would like to have this resolved tonight. Mr. Cloutier said that even if they have approval tonight, they would still hit a road block with the Code Enforcement Officer without a satisfactory boundary survey. Mr. Cloutier said they would have to have a conversation with the CEO and the Planner. Mr. Adams asked why the question about the boundaries? Mr. Cloutier said he was trying to help them so when they get to the CEO, they would have what they need. Mr. Brown said the approval is going to need 9 spaces or look at the retail space vs. the eatery.

Mrs. Knight said she feels a mountain is being made out of a mole hill. She said that this is a small business and they are trying to stay afloat with a few chairs and a table. She said nothing is changing but trying to stay in business in a small area that probably needs it. She said she doesn’t have a problem with a few video games or a pool table and we should be helping to promote a small business owner. Mrs. Whittemore says she agrees but if the Code Enforcement Officer is going to require the boundary survey anyway, that puts the applicant back to square one. She said they would again be pushing this off and she said if they approve this, they just push them to the CEO. Mr. Cloutier said the CEO is asking for a boundary survey and he will ask even if this is approved.

Mrs. Knight said we need to promote a business in the Steep Falls area. Pete Farmer asked about the parking and thought it was grandfathered. Mr. Adams said the State told him the parking is grandfathered. Mr. Brown said that we would need a written document from the State saying that the parking is grandfathered. Mr. Adams said he was told a waiver could be used for the parking. He said that he couldn’t remember whether it was the previous planner or the CEO that told him this. Mr. Estey said he can’t use the upstairs or out back and feels the parking is not an issue. Mrs. Whittemore asked what the next step with the Town would be and Mr. Mosher said they need to contact the Code Enforcement Officer. Mr. Brown said they have the deed from August 2014. He said it has no bearings or distances. Mr. Estey asked about what he could do and Mr. Brown told him that by adding an accessory use, it triggers other issues. He said they are trying to make certain he has the number of parking spaces needed and that they are on his property or rights to park where they are parking.

Mr. Farmer said they just need to eyeball where the parking is and you can see it. He said he knows exactly where the boundaries are! He said 33 feet is 33 feet. Mrs. Whittemore asked about options: Mr. Brown said either this can be postponed or get a boundary survey or we can go through the criteria and have conditions of approval, but they are still going to have to deal with the Code Enforcement Officer and what the requirements are from him, which will entail a satisfactory boundary survey. He said the Planning Board could approve this and the Code Enforcement Officer will deny it. Mrs. Knight asked about when Mr. Estey bought the building what was he told he could do. He said he was just going to run it like it was, a convenience store. Mrs. Knight said it was the same as when they bought it, so what’s the issue. Mr. Estey said they opened up as soon as they could when he bought the building and haven’t come to the Board to ask for anything. Mrs. Whittemore said it looks like one way or the other, they are going to need a boundary survey. Mr. Brown said there are standards to meet and parking spaces is one of them. Mr. Estey said it seems they are going around in circles.

Mr. Estey said they have brought everything to the table that has been asked for. Mrs. Knight asked Mr. Adams why he wasn’t allowed to put in his retail business at the store. He said he was all licensed and he was ready to pay at least $12.00 per hour and felt it would be good business for the area. He said it got to the point it wasn’t worth his time. Mr. Adams said the Town told him he needed a written lease from any landowner for parking and he said the State of Maine was ready to grant him a paid lease for 3 ½ parking spaces and he has no idea what that means. Mr. Adams said that the store has always had tables there and at one time you could stop and get a good breakfast and sit down.

Mrs. Knight said she is new to the area and to her they need to promote the business. Mr. Adams said he saw the Code Enforcement Officer at least 6 times and got frustrated. Mrs. Boxer asked about the parking area, entrance and egress, the waivers requested and grandfathered parking. She said she would not go for a waiver if there were going to be changes on the outside of the building. Mr. Estey said there will be none on the outside. Mr. Adams said he has owned a few sporting goods stores and wanted to be close to Acres of Wildlife, and do some camping supplies as well. Mr. Adams said this place has always had seating like a little bridge area when you walked in and the abutters had no problem with him being there. He said Mr. Estey just wants people to sit down and eat what they have bought.

Mrs. Whittemore said even if they do approve, the question with the boundary survey will still be there. Mrs. Boxer said nothing is changing on the outside and Mr. Adams said that they are asking for two tables with three seats. Mrs. Knight said she feels like they can do something tonight so they can move on and see if they can provide a boundary survey. Mr. Adams asked if a waiver could be done for the tables in lieu of the parking. Mr. Brown said that’s what they would waive, it would be other requirements like the survey, contours and other items. He said it might be a condition of approval that puts the burden of proof on the applicant. Mr. Adams asked why the Code Enforcement Officer hadn’t called Ed. Mr. Adams asked about the State waiving a survey and Mr. Farmer said the only boundary in question was Mill Street and he couldn’t understand why this was a problem and it is based on actuality. Mr. Cloutier asked if they could read through the requirements and see what happens. Mr. Brown said they could go through the elements of completeness and then the standards of approval.

Determination of Completeness – The applicant is requesting a number of waivers from the elements of a preliminary plan – please see the following:

§ 181-71.1 Elements of preliminary plan.

The preliminary site plan and associated plans detailing all on-site and off-site improvements made necessary by the project shall be drawn to a scale of not less than one inch equals 50 feet and shall contain the following:

A. The name and address of owner and applicant. (Shown on the site plan)

B. The scale and North arrow. (The north arrow and scale are shown on the site plan)

C. The exact dimensions and acreage of parcel to be built upon. (Waiver Request as acreage is not shown but no building addition proposed. No property line dimensions or acreage given. I would not recommend this waiver if anything was changing on the outside of the building.)

Mrs. Whittemore made a motion to grant waiver seconded by Mrs. Knight- All in favor.(This was done on a second vote as requested by Mr. Cloutier and seconded by Mr. Brown. AIF.( as it had previously been a failed vote 3-2)with the added condition: This approval is contingent upon that a survey that is stamped and signed will be given to the Town and meets the requirements of the Code Enforcement Officer.

D. Contours at intervals of not less than two feet. (Waiver Request as contours are not shown but no building addition proposed

Mr. Cloutier made a motion to grant waiver seconded by Mrs. Whittemore. All in favor.

E. Building envelopes. (Waiver Request as building setbacks are not shown but no building addition proposed.

Mrs. Boxer made a motion seconded by Mr. Cloutier to grant waiver. All in favor.

F. The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan. (Waiver Request Existing building is shown but the property lines are only approximate. Note the site plan does have a north arrow and scale, but it shows the Rte. 113 property line 3.5 ft. off the southerly corner of the building then goes on to show parking stalls 8 and 9 partially in the state right of way. Two of the 10 parking stalls are clearly not contained within the applicant’s property. Parking stall #10 protrudes beyond the line parallel with the back of the building. This is also probably partially off site and in the current location of the dumpster.

Mrs. Knight made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

G. The location and dimensions of parking areas, loading and unloading facilities and points of ingress and egress of vehicles to and from the site to public streets. (Waiver Requested as the parking areas are shown but not relative to property lines. Existing parking grandfathered but located approximately and within the front setback. I would not recommend a waiver if there were proposed changes on the outside.)

Mrs. Knight made a motion seconded by Mrs. Boxer to grant waiver. Four for and one against. Mr. Cloutier said that even if they grant this waiver, it doesn’t mean that the CEO will issue any permits without the survey.***** A condition of approval was added that the applicant needs to give the CEO a signed and stamped survey that meets his requirement.

Mrs. Whittemore said she doesn’t like adding a condition of approval that is based on what the CEO wants. She said even if they waive this, it still could meet a road block when it comes back to the CEO. Mrs. Whittemore said she feels the Board can’t speak to what will satisfy the CEO. Mr. Adams asked if the State approved the parking would this satisfy the CEO. Mr. Brown said they are looking for a survey for approval for this. Mr. Cloutier asked to proceed and then come back if they need to.

H. The location of all existing and proposed easements and rights-of-way. (Waiver Request as the property lines are only approximate. No addition proposed.) The only lines are on Mill Street (Town owned) and Rt.113 (State owned).

Mrs. Boxer made a motion seconded by Mrs. Knight to grant waiver. All in favor.

I. The location and dimension of pedestrian access ways. Within a Form Based Code Village District, show the location of the required reserved right-of-way or proposed driveways or FBCVD Street connecting the project to all adjacent parcels, adjacent parking lots or existing roads. (Waiver Request as the property lines are only approximate. Historically people have walked in the area between the building and the parked cars along Rte. 113.)

Mrs. Knight made a motion seconded by Mrs. Boxer to grant waiver. All in favor.

J. The location and size of existing and proposed water and sewer mains, culverts and storm drains. (Waiver Request as no exterior construction is proposed.)

Mr. Cloutier made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

K. The location of outdoor lighting. (There is a street light opposite the store at the intersection of Mill Street and Rt. 113. No new lighting is proposed.)

Mr. Cloutier made a motion seconded by Mrs. Whittemore that this element is met. All in favor.

L. The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees. (Waiver Request as the site is very flat, property lines are only approximate no trees observed.)

Mrs. Boxer made a motion seconded by Mr. Cloutier to grant waiver. All in favor.

M. The landscape plan showing the location and types of plantings and screenings. (Waiver Request as there is no modifications outside the building.)

Mrs. Boxer made a motion seconded by Mrs. Knight to grant waiver. All in favor.

N. The location and size of signs and advertising features. (No signs are shown on the plan.) Signs are attached to building.

Mr. Cloutier made a motion seconded by Mrs. Boxer that this element has been met. All in favor.

O. Any other provisions contained in the Town of Standish Subdivision Regulations and that the Planning Board deems appropriate or any other ordinances of the Town of Standish or statutes of the State of Maine or federal government. (Require applicant to change site plan to reflect only 6 seats and reduce 500 sf of retail and add a parking table on the plan showing reduction in retail area.) Applicant has done this and shown on site plan.

Mr. Cloutier made a motion seconded by Mrs. Whittemore that this element meets the requirements. All in favor.

181-73 Standards and conditions for approval

No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.

A. The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.

(Mr. Brown said this goes back to what they have been debating. He read through all of 181-73 and this is mostly on the elements of approval.

B. The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.

C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.

D. The site plan adequately provides for the soil and drainage problems that the development will create.

E. The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.

F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

G. The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing. (We have a Fire Report)

H. The proposed development has made adequate provision for sewage disposal. (Mark Hampton evaluated system and provided a letter)

I. The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.

J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

K. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan. Not in default

L. Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Form Based Code Village Districts and the Village Center District shall be compatible with a Colonial New England design. Such design can be achieved by incorporating features such as, but not limited to, broken rooflines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, and window shutters. [Amended 11-12-2014 by Order No. 102-14]

M. Within Form Based Code Village Districts, the plan must meet all of the following additional standards: [Amended 8-12-2014 by Order No. 65-14]

(1) The proposed development complies with the regulating plan and the applicable FBCVD street frontage type standards within the Form Based Code Village Districts.

(2) The proposed development, both public and/or private buildings and landscaping, contributes to the physical definition of rights-of-way as civic spaces within the Form Based Code Village Districts.

(3) The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Form Based Code Village Districts. (Already existing building and no developing going on)

(4) If the lot to be developed shall be divided from a greater parcel, access to the parcel, or the "pioneer lot" (see conceptual Connectivity Master Plan in § 181-7.1), shall be from an allowable FBCVD street frontage type perpendicular to the existing FBCVD street or arterial. Existing curb cuts are allowed to be continued to be used by existing uses. For new use(s) where the closure of the curb cut is triggered by the conditions of approval, standards contained within Chapter 252 (Streets and Sidewalks) or by Planning Board supplemental review, the perpendicular FBCVD street shall be built to the minimum block length and other FBCVD street frontage type standards and serve both as access to the parking area for the development as well as for parking for the development. The applicant shall build the perpendicular FBCVD Street to the required standards and provide for maintenance of the same until such time that the road is accepted by the Town as a street.

(5) Provisions shall be made for phased construction such as conduit extensions and stubs. This information shall be located and noted on the approved site plan recorded in the Cumberland County Registry of Deeds.

(6) Underground utilities. (No changes and adequate for the building)

(a) On new frontage type FBCVD streets, utilities shall be buried.

(b) All developments shall be served by public water.

(c) The requirements for buried utilities and the provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9. [Amended 1-12-2016 by Order No. 109-15]

(d) When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:

[1] All new lots shall be greater than 60,000 square feet per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and [Amended 1-12-2016 by Order No. 109-15]

[2] The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.

(e) Provisions shall be made for phased construction such as conduit extensions and stubs. This information will be located and noted on an approved site plan and recorded in the Cumberland County Registry of Deeds.

V. STAFF RECOMMENDATION – If the Planning Board finds the application for site plan review of an accessory use at Steep Falls market meets the requirements of Chapter 181 – Part II (Site Plan Review) of the Standish Land Use code, then a suggested motion:

“Move that the Board grant Site Plan approval under the provisions of the Standish Land Use code, including Chapter 181 – Part 1, Article 3 (District Regulations) and Chapter 181 – Part 2 (Site Plan Review) for the application submitted by Ed Estey for the proposal to install 3-6 seats and reduce retail sq. ft. so no new parking is required at the Steep Falls Market (DBA Eddie’s) & is based on the Conditions of Approval listed below.”

Mrs. Knight made a motion that the application meets Standards 1 through 8, seconded by Mrs. Whittemore. All in favor. Mr. Brown told the applicant that he will need to go back to the Code Enforcement Officer.

Conditions of Approval:

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 is subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the Code Enforcement Officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.

At the completion of the project, a written request shall be submitted to the Code Enforcement Office for final inspection prior to issuance of an occupancy permit.

All buildings on this property must be in compliance with any Town of Standish Ordinances, and NFPA 101 as adopted by the State of Maine. Buildings are subject to annual inspections by the Standish Fire Department under State of Maine Title 25 chapter 313 subsections 2352 and 2361.

The applicant must maintain the 9 parking spots as shown on the sketch plan.

The applicant must have a max of 6 seats within the store.

The Planning Board does not have the authority to grant either a liquor or entertainment license; and therefore this site plan approval does not constitute approval of either the liquor or entertainment license.

This approval is contingent on the applicant providing a boundary survey (stamped and signed) to the Town, which meets the requirements of the Code Enforcement Officer.

A motion to accept the Conditions of Approval 1-8 was made by Mrs. Knight and seconded by Mrs. Whittemore. All in favor.

Item#3 Michael Walker, DBA Old Standish Lodge, 22 Ossipee Trail W, Map 36, Lot 34- Site Plan Application

Alberta Byrnes was present to represent the applicant, Mike Walker. She said the only thing they had left to do was to prove that Mr. Walker had the financial capacity to fund this project, which Mrs. Dyer told the Board that a letter stating this had been submitted. Mr. Cloutier made a motion seconded by Mrs. Boxer to read only the items that a waiver is being requested on. All in favor.

II. Determination of Completeness – The applicant is requesting a number of waivers from the elements of a preliminary plan – please see the following:

§ 181-71.1 Elements of preliminary plan.

A. The name and address of owner and applicant. (Shown on the site plan)

B. The scale and North arrow. (The north arrow and scale are shown on the site plan)

C. The exact dimensions and acreage of parcel to be built upon. (Shown on plan).

D. Contours at intervals of not less than two feet. (Waiver Request – existing structure). ***Mr. Cloutier made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

E. Building envelopes. (Applicant has shown setbacks and size of existing building).

F. The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan. (Waiver Request – existing structure). ***Mr. Cloutier made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

G. The location and dimensions of parking areas, loading and unloading facilities and points of ingress and egress of vehicles to and from the site to public streets. (Applicant has provided parking information).

H. The location of all existing and proposed easements and rights-of-way. (Waiver Request). ***Mr. Cloutier made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

I. The location and dimension of pedestrian access ways. Within a Form Based Code Village District, show the location of the required reserved right-of-way or proposed driveways or FBCVD Street connecting the project to all adjacent parcels, adjacent parking lots or existing roads. (Waiver Request as the property lines are only approximate – there is an existing sidewalk at this property).

J. The location and size of existing and proposed water and sewer mains, culverts and storm drains. (The applicant has supplied an HHE200.)

K. The location of outdoor lighting. (Information has been provided).

L. The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees. (Information has been provided).

M. The landscape plan showing the location and types of plantings and screenings. (Waiver Request as there is no modifications outside the building. *** Mr. Cloutier made a motion seconded by Mrs. Whittemore to grant waiver. All in favor.

N. The location and size of signs and advertising features. (No signs are shown on the plan.)

***Mr. Cloutier made a motion seconded by Mrs. Whittemore to find the application complete. All in favor.

181-73 Standards and conditions for approval:

***Mr. Cloutier made a motion seconded by Mrs. Whittemore to waive the readings for the standards and conditions. All in Favor.

No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.

B. The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.

C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.

D. The site plan adequately provides for the soil and drainage problems that the development will create.

F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

H. The proposed development has made adequate provision for sewage disposal.

J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

K. No plan shall be approved by the Planning Board as long as the applicant is not in default on a previously approved plan.

M. Within Form Based Code Village Districts, the plan must meet all of the following additional standards: [Amended 8-12-2014 by Order No. 65-14]

The proposed development complies with the regulating plan and the applicable FBCVD street frontage type standards within the Form Based Code Village Districts.

The proposed development, both public and/or private buildings and landscaping, contributes to the physical definition of rights-of-way as civic spaces within the Form Based Code Village Districts.

The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Form Based Code Village Districts.

If the lot to be developed shall be divided from a greater parcel, access to the parcel, or the "pioneer lot" (see conceptual Connectivity Master Plan in § 181-7.1), shall be from an allowable FBCVD street frontage type perpendicular to the existing FBCVD street or arterial. Existing curb cuts are allowed to be continued to be used by existing uses. For new use(s) where the closure of the curb cut is triggered by the conditions of approval, standards contained within Chapter 252 (Streets and Sidewalks) or by Planning Board supplemental review, the perpendicular FBCVD street shall be built to the minimum block length and other FBCVD street frontage type standards and serve both as access to the parking area for the development as well as for parking for the development. The applicant shall build the perpendicular FBCVD Street to the required standards and provide for maintenance of the same until such time that the road is accepted by the Town as a street.

Provisions shall be made for phased construction such as conduit extensions and stubs. This information shall be located and noted on the approved site plan recorded in the Cumberland County Registry of Deeds.

(6) Underground utilities.

(a) On new frontage type FBCVD streets, utilities shall be buried.

(b) All developments shall be served by public water.

(d) When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:

[1] All new lots shall be greater than 60,000 square feet per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and [Amended 1-12-2016 by Order No. 109-15]

[2] The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.

IV. STAFF RECOMMENDATION – If the Planning Board finds the application for a 4 unit apartment dwelling located at the existing building at 22 Ossipee Trail West meets the requirements of Chapter 181 – Part 2 (Site Plan Review) of the Standish Land Use code and is based on the conditions of approval outlined below, then a suggested motion:

“Move that the Board grant a Site Plan amendment approval under the provisions of the Standish Land Use code for the application submitted by Alberta Byrnes on behalf of applicant Michael Walker for the proposal to create a 4 unit apartment residential building at the existing structure located 22 Ossipee Trail West with the finding that it meets:

The application meets the requirements in Chapter 181 – Part 1, Article 3 (District Regulations) and meets the requirements in Chapter 181 – Part 2 (Site Plan Review).

V. CONDITIONS –

The applicant must comply with items outlined in the Fire Department memo at the date requested by the inspector. This may include a sprinkler system. Per Chapter 142 Fire Prevention Article I: Sprinkler systems. Where there is a change in use from what is currently permitted from the Town to a 4 unit apartment. Applicant must have a Sprinkler System installed and must have the State Fire Marshal’s Office approve the system.

***Mr. Cloutier made a motion to approve the application seconded by Mrs. Whittemore. All in favor.

New Business

Item #4 Pit Stop Convenience, 125 Ossipee Trail East, Map 10, Lot 96- Amended Site Plan Application for proposed Pit Stop Car Wash

(Mr. Brown recused himself because of his association with Sebago Technics.)

Shawn Frank from Sebago Technics was present to represent the applicant as well as Dana Lampron. He gave a brief over view of the project and what they would like to do. The oil business has been sold and removed from the parcel and they would like to convert an already existing building into a two bay automatic car wash and a vacuuming station. There would be a new access drive and they would like to direct the traffic flow so that things run smoothly. There would be no getting out of the vehicles and people would remain in their vehicles at all times. The amount of water is minimal and there is a drying process also before the doors open and the cars come out. The concrete pads in the inlet and outlets are heated and this would minimize the majority of the water so to prevent icing when they leave.

Mr. Frank said they have been working with DEP and have an application into them at this time and are waiting to hear from them. This is due to waste water discharge and there are no bathrooms in the facility, as they are located in the convenience store. They are also proposing a 28x30 foot addition for equipment and storage. This will be in line with the existing building that is already there. They had spoken with the Town Planner and have done what was asked as far as trees and shrubs for more of a buffer. All lighting will be self-contained lighting and will shut off at 10:00pm. A couple of them will stay on as a safety standard. There is a height bar and this will let a vehicle know if they are too tall to go through the car wash before they try to enter.

Mr. Frank said they will repurpose the existing building and have some storm water management through water running into underground drains. There will be some new water lines and electrical into the building which will go underground to service the building. They are looking for preliminary and final approval tonight.

Mr. Cloutier asked for comments. Mr. Mosher said the applicant did discuss items they were asked to address and they have address those. We are awaiting DEP approval as far as storm water goes. Roger Mosley had a couple of questions about the ice buildup when cars leave and those were also addressed by the applicant as well as adding two waste receptacles outside the building. The applicant has no issues with any of the issues brought up and have corrected or added them. Mr. Frank said they will be awaiting DEP approval. The Council approved this use for this zone back in June. There was no public comment.

Determination of Completeness – The application has been found to be complete outside of the items mentioned above. A suggested motion: “I move to find the application for site plan review to be complete.”

***Mrs. Whittemore made a motion seconded by Mrs. Boxer to find the application complete. All in favor.

IV. PLANNING BOARD ACTION- The Planning Board is asked to review this site plan application for the proposed car wash and Article IV – General Standards) and Part 2 of Chapter 181 – Land Use Code of the town of Standish. The Planning Board should specifically consider the following criteria from Sec. 181- 73 before granting any approval: at Pit Stop Convenience using Part 1 (Article III – District Regulations

§ 181-73 Standards and conditions for approval.

No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.

Mrs. Whittemore made a motion seconded by Mrs. Boxer that Standard A has been met. All in favor.

B. The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.

Mrs. Knight made a motion seconded by Mrs. Whittemore that Standard B has been met. All in favor.

C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.

Mrs. Knight made a motion seconded by Mrs. Whittemore that Standard C has been met. All in favor.

D. The site plan adequately provides for the soil and drainage problems that the development will create.

Mrs. Whittemore made a motion seconded by Mrs. Boxer than pending DEP approval Standard D has been met.

Mrs. Whittemore made a motion seconded by Mrs. Boxer that Standard E has been met. All in favor.

F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard F has been met. All in favor.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard G has been met. All in favor.

H. The proposed development has made adequate provision for sewage disposal.

Mrs. Whittemore made a motion seconded by Mrs. Boxer that Standard H has been met. All in favor.

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard I has been met. All in favor.

J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard J has been met. (A 2 inch service is being added) All in favor.

K. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.

Mrs. Knight made a motion seconded by Mrs. Whittemore that Standard K has been met. All in favor

Mrs. Whittemore made a motion seconded by Mrs., Knight that Standard L has been met. All in favor.

M. Within Form Based Code Village Districts, the plan must meet all of the following additional standards: [Amended 8-12-2014 by Order No. 65-14]

(1) The proposed development complies with the regulating plan and the applicable FBCVD street frontage type standards within the Form Based Code Village Districts.

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard M-1 has been met. All in Favor.

Mrs. Boxer made a motion seconded by Mrs. Knight that Standard M-2 has been met. All in favor.

(3) The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Form Based Code Village Districts.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard M-3 has been met. All in favor.

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard M-4 has been met. All in favor.

5) Provisions shall be made for phased construction such as conduit extensions and stubs. This information shall be located and noted on the approved site plan recorded in the Cumberland County Registry of Deeds.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard M-5 has been met. All in favor.

(6) Underground utilities.

(a) On new frontage type FBCVD streets, utilities shall be buried.

(b) All developments shall be served by public water.

(d) When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:

[1] All new lots shall be greater than 60,000 square feet per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and [Amended 1-12-2016 by Order No. 109-15]

[2] The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.

V. STAFF RECOMMENDATION – The Staff recommends APPROVAL for a preliminary site plan of a proposed carwash to be located at 125 Ossipee Trail East with the finding that it meets the requirements of Articles 4, 9, and 11 of the Standish Zoning Ordinance and is based on the conditions of approval outlined below.

A suggested motion: “Move that the Board grant a Conditional Use Permit and Site Plan approval under the provisions of the Standish Zoning Ordinance for the application submitted by Shawn Frank on behalf of applicant Dana Lampron for the proposal to construct a car wash, based on the Conditions of Approval listed below.”

VI. CONDITIONS –

Mrs. Whittemore made a motion seconded by Mrs. Boxer to grant preliminary and final approval for this application. All in favor(4) with the following Conditions of Approval:

(Mrs. Knight asked about hours. Mr. Frank said the car wash will close at 9:00pm.)

1. All work shall be in conformance with the submitted plans and other materials prepared by Shawn Frank, PE of Sebago Technics located at 75 John Roberts Rd, Suite 4, South Portland ME 04106. Those plans are entitled “Pit Stop Car Wash” and consists of 7 sheets (Cover Sheet, Existing Conditions Plan, Site Plan, Grading and Utility Plan, High Intensity Soils Survey, and two sheets of Details) revised through 1/28/2019.

2. No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the Code Enforcement Officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.

3. Final approval is conditioned upon compliance by the applicant with any and all oral commitments regarding the project which were specifically made by the applicant to the Board in the course of its deliberations.

4. Comments provided by Roger Mosley, Dir of Public Works, in a review memo dated 1/31/2019 must be addressed to the satisfaction of Mr. Mosley prior to the submission of the final plan.

5. The conditions of approval from the April 21, 2009 site plan amendment approval and June 5, 2005 site plan approval are still in effect for Pit Stop Fuels.

6. Landscaping shall include a minimum of 8 ft. trees spaced 30 ft. apart and must be maintained.

7. Failure to establish construction within three years of this approval as outlined in the Standish Land Use code shall result in the site plan approval becoming null and void.

8. The project is subject to an amendment to both existing Site Law of Development and NRPA permits. The applicant is required to obtain said permits and comply with all requirements. Prior to the start of construction, the Planning Department must be in receipt of both permits. The project is also subject to a Maine Waste Discharge Permit which must obtained and received by the Planning Office prior to the start of construction.

9. Prior to the start of construction, the applicant shall be submit a building permit application to the Code Enforcement Office.

10. All buildings on this property must be in compliance with any Town of Standish Ordinances, and NFPA 101 as adopted by the State of Maine. Buildings are subject to annual inspections by the Standish Fire Department under State of Maine Title 25 chapter 313 subsections 2352 and 2361.

Public Hearing:

Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Dwelling Units

Dwelling, Multi Family

Dwelling, Three Family

Dwelling, Two Family

Dwelling Unit

Mr. Brown wanted to know if everyone has seen the proposals and said that this public hearing is just a formality and will eventually go back to the Town Council for approval. He asked for public comment and Jeff Smith was present. He said he really didn’t have any questions but was just curious about the meeting and how things were done pertaining to this. Mr. Cloutier said this was just a public reading and the Board is not voting on anything.

Mr. Cloutier made a motion seconded by Mrs. Knight to adjourn the meeting. All in favor. Meeting was adjourned at 9:38pm.

Government

Departments

Residents

Businesses

Standish Planning Board Meeting Minutes

Popular Topics

Helpful Links