Standish Planning Board Meeting Minutes

Standish Planning Board

Meeting Minutes

April 01, 2019

The Standish Planning Board meeting was called to order by Vice Chairman Charles Brown. Present were Pat Frechette, Deb Boxer, Jolene Whittemore, Roland Cloutier, Town Planner Zach Mosher, Jackie Dyer, Admin.to Town Planner and Planning Board. Absent was Adam Higgins.

Open Meeting

           a.        Call to order

           b.       Opening Statement from Planning Board Chairman

           c.        Declaration of a Quorum (6)

Approval of Meeting Minutes from March 04, 2019

Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the minutes as written. All in favor.

Approval of Finding of Fact:

Tom Daniels, Apple Lane/Village View, Map 35, Lot 34/Map 10, Lot 6-A Subdivision Application (Brookstone Phase 2)

Mr. Cloutier made a motion seconded by Mrs. Whittemore to accept the Finding of Fact. All in favor.

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

Mr. Cloutier made a motion seconded by Mrs. Whittemore to accept the Finding of Fact. All in favor.

Old Business:

Item #1         Alison Briggs, 49 Hi Vu Drive, Map 25, Lot 53-Shoreland Zoning Application for new foundation

Joe Williams from Lakeside Construction was present to represent the applicant, Alison Briggs. Mr. Brown said the site walk was held on Saturday and he also said that there are a couple of new pieces of information passed in today, one being an updated plan showing the CMP pole and the other a copy with the correct type of septic that was installed with the seasonal conversion checked off. The design is for three bedrooms and the new cottage would be two bedrooms and a loft, which meets the criteria.

Mr. Mosher said that the plan dropped off has a 10 foot buffer from the power line and Joe said they worked with the Code Officer previously and the easement was for 10 feet. He said he thought that generally it is 15 feet. Mr. Brown asked if the Board had looked at the plan and he thought the ten foot set back came from CMP directly. He said he has read through the deed and he sees nothing out of character with it.

Mr. Brown said that the discussion was about “could the building be moved back any further or could it stay the way it was at 26 feet?” Mr. Cloutier said they did discuss moving the building back within a permitted distance from the septic system. Joe said they can work to determine whatever and he will work with the Code Enforcement Officer when the time comes to pull the permits.

Mr. Brown asked for other comments and comments from the public. There were none.

Mr. Cloutier made a motion seconded by Mrs. Whittemore to find the application complete. All in favor. Mr. Cloutier asked Mr. Mosher if they were granting preliminary approval, but Mr. Mosher said they are granting preliminary and final approval. Mr. Cloutier made a motion to grant preliminary and final approval with the following conditions. Mr. Mosher asked for the date to be changed to 4-1-2019 on the first condition. Mr. Brown said they can change the footage in #4 to reflect 31 feet or Joe said they can leave that to the Code Enforcement Officer or to be determined. Roland said he felt they needed to get a positive location on the septic and Joe Williams said they already have that as Dan Hill had signed off on the system when it was installed in 2012.

Mrs. Byrnes asked about the tank and measurements. Joe Williams said he has talked to the Code Enforcement Officer and it meets the standards. He said they might end up moving the tank anyways. Mr. Brown asked about if they had located the bed using the swing ties on the plan and Joe Williams said yes. Joe told Mr. Brown they also have a well and are not drawing water from the lake. Mr. Cloutier made a motion and this was seconded by Mrs. Whittemore to approve the application .All in favor.

“Move that the Board grant approval under the provisions of the Standish Land Use code for the application submitted by Joe Williams on behalf of applicant Alison Briggs for the tear down and new foundation for a structure to be located at 49 Hi Vu Dr. with the finding that it meets:

The application meets the requirements in Sec 237-12, 237-15 and Sec 237-16.

CONDITIONS OF APPROVAL:

All work shall be in conformance will plans and supporting materials submitted by Joe Williams of Lakeside Construction entitled “Briggs Remodel Elevations” which consists of 8 sheets and is dated as received as 4/01/2019.

This approval and any permits issued under this approval shall lapse and become void unless the start of construction or operation as defined in Sec. 237-16. Administration. F “Expiration of permit.” A permit of the Zoning Ordinance begins within one year from the date of this approval.

The following plans and calculations must be submitted by the applicant and approved by the CEO prior to the start of construction: percent impervious lot coverage, a Storm water Infiltration plan, and Erosion & Sediment control plan and a re-vegetation plan (including plantings on the lake side of the property). The applicant must also submit an elevation certificate to the CEO prior to the start of construction.

Per standards found in 237-12 C (1) b the Planning Board approval of this site plan is limited to structure setbacks to the maximum practical extent. Existing structure, with scaled setback from apparent normal high water line of approx. 26 ft. to be demolished and a replacement structure with proposed structure scaled proposed setback of approx. 31 ft. built on a new foundation or to be determined by the Code Enforcement Officer.

This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

This approval is granted on the basis of information provided by the applicant in the record regarding her ownership of the property and boundary location.  The applicant has the burden of ensuring that she has a legal right to use the property and that she is measuring required setbacks from the legal boundary lines of the lot.  The grant of this approval in no way relieves the applicant of this burden.  Nor does this approval constitute a resolution in favor of the applicant of any issues regarding the property boundaries, ownership or similar title issues.  The approval holder would be well-advised to resolve any such title problems before expending money in reliance on this approval, as Town approval does not substitute for any court or private-party resolution of a disputed boundary line.

Item #2          Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4 -Site Plan Application for PHASE IV

Andy Morrell from BH2M was present to represent the applicants as well as Elaine Burnham from Acres of Wildlife.  He said they are here to discuss approval of Phase Four. He said Phase four has a total of 15 structures and these are the remaining unpermitted structures on the property. He said they are all listed on the permit application.

Andy said that all of the structures they are looking for approval for tonight, are all listed as bunkhouses. He said that they have been working on this for a year and they have removed any and all cooking units, etc. so they are not dwelling units. He said 14 of them have had cooking units and those have been removed. He said they will have signs on each rental unit that states that cooking of any kind is not allowed. He said that the Acres of Wildlife owners would like to be able to rent these 15 units out this summer to their customers, providing they are approved for Phase Four tonight. Andy said they will be going for a contract zone for Acres after this and then will be coming back to the Planning Board after for final site plan approval. He said they have submitted septic designs for each of the 19 structures to be on file in case any system fails. He said the applicants are working with Albert Frick’s office and also the Army Corp of Engineers and DEP. They hope to submit the DEP application in the next few weeks and will keep the Town updated on where that stands. He said he expects the process to take 6-7 months. He also mentioned that their attorney had several conversations with the Planner about these approvals and the conversations were to eliminate all of the other conditions of approval and have just one set of approvals and Finding of Facts. He said in the current conditions on the memo they would like to eliminate 9 and 14.

Andy said they would like conditions for Phase One thru four to say the same thing and have only one set of conditions of approval for Phase Four and these would be superseding all other sets of conditions. He said the applicants are anxious to get this approval so they can rent the units out when they open for business in May for the summer. Mr. Brown asked for comments from the Board and Mrs. Boxer asked how much of each phase had been completed. Elain Burnham spoke and said that none of them had been completed but were in the works to be done soon. She said they are working on them and are almost done with the Hollow Log homes. They are doing the insides now and will do the outsides after the snow and mud season are over. Mr. Brown asked if all this work was being coordinated with the Code Enforcement Officer and Elaine said it was.

Andy Morrell said that all of the structures approved have a building permit and after Phase Four is approved they will apply for the permits for all those as well. Mr. Brown asked about the fuel station they are approving and was it the gasoline shed. Mrs. Burnham said it was. She said they don’t have a complete license on it as they had thought and they have applied for what they need with the State. This shed is across from the basketball courts. Mr. Cloutier asked about the bunkhouses and would they need an occupancy permit before they can rent them out. Zach said he didn’t think so but would find out the process and if they need it or not. Mr. Cloutier felt that the Code Enforcement Officer would be inspecting these buildings and Mrs. Burnham said that it states on the permits for the Hollow Logs Homes, that they must be inspected and an occupancy permit needs to be issued by the Code Enforcement Officer.

Zach said that he isn’t sure where the occupancy permit comes in and even if one is needed. Mr. Cloutier said that they would need to contact the Code Enforcement Officer. Mrs. Burnham said in Phase I it is written that they can’t rent it until they have been issued an occupancy permit. Mr. Cloutier said that the process will be the same for these structures also. Andy Morrell said that all of the buildings needed to be brought up to code so he feels the Code Enforcement Officer will look at all of them before they are rented out to anyone.

Mr. Brown asked for public comment and there was none. Mr. Cloutier made a motion to find the application complete and this was seconded by Mrs. Whittemore. All in favor. Mrs. Boxer asked about Conditions 9 and 14. Mr. Brown said that’s the next step in the approval. Zack said that 9 is redundant and feels it should be removed and 14 also. He said that some campers are more than 400 square feet. He said with condition #14 the applicant has submitted the required license that was needed. Zach said that an added condition would be that these conditions apply to all phases equally. Andy Morrell said that they would require wording it like “these conditions for Phase IV supersede all conditions and apply to Phase One through three. “ The Board was okay with the wording and condition. Mr. Brown asked if we would be seeing any more phases and Andy said that when they file for the DEP permit, they will then be going for the contract zone with the Town Council. After the Council approves the contract zone, this will come back to the Board for final site plan approval. Zach said the Council may change some things before they send it back to the Planning Board for final site approval. Andy said they had started this a long time ago and had the Town

 Attorney and others look at it.

Mr. Cloutier said that maybe there will be some other issues, but those would be taken care of before they come back to the Planning Board. Andy said they have had many meetings with the DEP and the Army Corp of Engineers and he said he feels assured there will be no big problems when they come back. He said they do trigger a storm water permit and they are doing what they need to meet the DEP requirements. He said that if there are any major hurdles, those will be resolved before they are back Mrs. Boxer asked if they would approve this without the DEP permit and Zach said that there is a condition in there that takes care of it. Mr. Cloutier said they can still move forward with the approval tonight and Andy said they would approve 15 structures tonight within Phase IV, without any cooking units. When they come back and are approved for the contract zone, they would be able to have cooking units in each structure.

Mrs. Byrnes asked about site walks and was told there have been many. Mr. Brown said maybe they would do one when this moves into the contract zone approval. Mr. Brown said they can move forward with both preliminary and final approval. Mrs. Boxer asked about the structures and Andy told her theses structures have already been built. Mr. Cloutier made a motion to grant final site plan approval for this application and this was seconded by Mrs. Whittemore. All in favor.

 “Move that the Board grant a Site Plan approval under the provisions of the Standish Land Use code for the application submitted by Andy Morrell on behalf of applicant Michael Baptista for the approval of Phase IV structures (including Hobbit House 1, 2 and 3, AOW mobile home, and Pirate Theme 1, 2, 3 and 4) 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).

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. The work shall be in conformance will plans and supporting materials submitted by Andy Morrell of BH2M which consists of 8 sheets and is revised through 3/19/2019.

This approval is limited to the potion of the plan set within Standish only and the approval specifically exclude any portion of the campground in Baldwin.

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.

Per 181-73 standards “A (traffic burden) & G (site access for)” the access road into the campground is inadequate for year-round use by emergency vehicles and thus the operational season for the campground shall be open only from April 1 to October 31 of any year. From November 1 to March 31 of the succeeding year, operators shall vacate all customers and shall close water and electrical systems for the winter months. Time of operation: Except for storage of unoccupied recreational vehicles, campgrounds shall be open, and campsites occupied only from April 1 to October 31 of any calendar year.

Unless the Fire Dept. requires fire lanes in specific areas all other internal roadways leading to structures in the campground shall be classified as driveways. Roads designated for one-way traffic shall be a minimum of ten feet width. The private road within the campground leading to the three cabins shall be designed for two-way travel and shall be maintained to a minimum of 16 feet wide built to two lot private way standards

The campground owners shall report personal property stored on this property. It shall be the responsibility of the campground owner to file a complete list of all recreational vehicles that do not have active registrations, with owner’s name and addresses and any additions which are located stored in the campground in the current year. Such list shall be filed with the Standish Tax Assessor no later than March 15th, of each year.

Signage stating, “No cooking is permitted within this rental unit”, shall be posted at all entrances to all rental units/bunkhouses, excepting the 3 buildings (the Chickadee House, the Deer Cottage and the Lodge), and duly licensed Recreational Vehicles located on the property for less than 120 calendar days in any calendar year. The applicant will install a sign on all Phase IV bunkhouses (that no cooking is permitted inside) and will remove the cooking facilities that exist within these structures.

Per 181-73 standard “B” (building not impose burden public facility) the definition of campground (overnight camping) and state subdivision regulations rental dwelling units, campground rental units shall not be dwelling units. There shall be no cooking facilities in any rental unit / seasonal campground shelters.  Cooking facilities means one or more of any of the following:  oven, convection oven, toaster oven, stove, stove top, hot plate, grill (other than outdoor barbecue grill), microwave oven, or similar appliance, 240-volt electrical outlet or gas line(s) to serve any cooking appliance.  The Code Enforcement Officer shall have the right to inspect any rental unit to ensure compliance with this condition of approval.

Per 181-73 standard “B” No proposed buildings; Utility line installation, sewer or electrical service line shall be installed without first obtaining all required permits from the Standish CEO.

The Planning Board, under the provisions of Section 181-72 hereby modifies the requirements of Section 181-71.2 to allow the submission of the required DEP approvals when those have been received and not prior to final plan approval. This approval is conditioned upon the submission of all DEP approvals to the Town Planner and the Code Enforcement Officer once those approvals are received. No new construction or development shall occur prior to the satisfaction of this condition, but the applicant can proceed with the acquisition of permits for existing non-residential structures shown on the approved plan, including any repairs or reconstruction that are necessary to bring those existing structure into compliance with applicable codes. This approval would preclude issuance of occupancy permits for these existing buildings until all DEP approval and Town Planning Board final approval have been acquired.

Per 181-73 Standard “G” the Public Safety requirements:

Fires shall be permitted only in specifically designated locations and in fire places approved by the Fire Chief. Fire shall not be allowed under conditions and at times determined unsafe by the Fire Chief.

Water supply fire hydrants for fire protection purposes shall be designed by an engineer provided as per the Fire Department standards with public access easement.

The applicant has provided a registered professional architect’s floor plan of the existing office building calculating the floor area and volume of each floor within the entire structure. The applicant shall construct a distinct exit (stairs) from the porch to either the side or front of building to satisfy fire-safety requirements. It has been determined that once stairs are added to the porch it essentially becomes a patio and no longer contributes to the overall square footage of the office building and no sprinkler system is required.

 Applicant shall also ensure that the property complies with all applicable federal, State and local laws including, but not limited to, all applicable regulations contained in the DHHS “Rules Relating to Campgrounds,” located at 10-144 C.M.R. Ch. 205.

Per 181-73 standard “J” the campground’s water supply shall conform to applicable laws and rules relating to water supplies, including the requirements of public water supply testing and the most up-to-date State of Maine campground regulations.

       15.  The fuel station needs a State Fire Marshal’s permit as per NFPA 30 regulations. NFPA regulations state that any above ground structure that stores 60 or more gallons flammable liquids shall apply to the State Fire Marshal’s office for a permit. The applicant must also provide a list of contents of the Pit Fuel Shed to the Standish Fire Inspector. The applicant has provided a license from Department of Forestry, Conservation and Forestry for retail fuel, but this license only covers weights and measurements. This site plan approval is conditioned upon the submission of any State Fire Marshal Office permits to the Town Planner and the Code Enforcement Officer.

            16.  The applicant shall work with the Code Enforcement Officer to rectify lack of building permits and inspections for all septic systems, freestanding decks, sheds, and recreational vehicle accessory enclosures requiring a permit by the code enforcement officer. The review and approval authority for the floor area and volume calculations shall be to the satisfaction of both the Code Enforcement officer and the Fire Department.

17.      These conditions for Phase IV will apply to all phases one through three and will supersede any conditions that were approved for those phases.

New Business:

MSAD# 6, 719 Saco Road, Map 3 Lot 58A -Septic System for wastewater disposal improvements at BE School Complex (Saco Road and Rt.35)

Valerie Giguere from Underwood Engineers in Portsmouth, NH was present to represent the applicant, MSAD 6. She said they will be putting in a new and very large drip septic treatment system for the Bonny Eagle Complex. They have been working on this since 2017. She said that currently MSAD 6 is emptying their treated water into the Saco River which has now been designated as a Class A waterway. She said that DEP is involved, but they need a more complex and updated system with subsurface disposal. There are several permits required and they have submitted for those to be approved. She said they are dealing with Maine DHHS and also the Army Corp of Engineers, DEP and a wastewater reduction permit is needed. She said there are minor storm water improvements as there are a couple of streams which they like to stay at least 100 feet away from. One of the setbacks from the stream will be less, as they have so much to deal with.

Valerie said they are crossing one small stream and that wetland impact will be very minor, but this required the Army Corp of Engineers to be involved. She said they also have to do a phase one archeology study and the ground has to be dry for that. She said those findings will be given to the Army Corp of Engineers and they will keep the Town up to date with all of this. She said she feels they need every permit that exists. She said there are a couple of vernal pools on the property but those will be left undisturbed. They will be surrounded with silk fencing. She said the fields for the system are both probably 100 feet wide.

Valerie said that the fields after they have been installed do not have to be kept mowed or anything. They will grow back with natural vegetation. Mr. Brown asked about keeping the tree roots out and she said it will be inspected every year and in general you can let the brush grow back. She said there are filters on the system and this is just basically a big irrigation system like on your lawns.

Mr. Mosher said the Town did a third party review and whatever issues they found were very minor. He said that whatever needed to be addressed was and will be on the final plan. He said some of the things from the third party review are not possible because of the DEP requirements. Mr. Brown said that the third party review had been responded to with comments and Valerie said they have taken care of many concerns. She said this is what is called a drip system and the additional water goes into the ground. She said this system can be put on hills and woven through trees if needed. She said this is type of system is very typical for a mountainside.

Mrs. Whittemore asked how the different things from the study could get resolved. Valerie said that they have a geologist on site and she has taken many tests and submitted all the soils tests they have been asked to submit and no issues have come back. She said these tests are done way ahead of time so they know where they stand before the system is engineered. She said the drip system water will be discharged over a 24 hour period and this allows uniform distribution, with the wet wells moving and discharging at the same time so as not to flood the field. She said these are all automatic and controlled on a timer. She said this system will have a backup generator as well as battery backup. If the power goes out the generators or batteries will kick in and keep the system running smoothly. This also keeps the system from flooding.

Mr. Brown asked for public comment and Rebecca Rogers spoke. She said it was her family that sold MSAD 6 part of the land for this. She wanted to know what they are planning to do with the open field on Cape Road and Valerie told her that property is not part of the project. Bill Brockman, Finance Director for MSAD 6 said that is not part of the project and they have no plans for that as of right now. He said that property will remain the same and doesn’t see anything happening right now. He said he doesn’t know what plans that they may have for it down the road, but right now there is nothing and it will not have any impact on this project. Rebecca asked about her well as it’s down under the hill from the project. Valerie said that part of this project was to make sure that they are meeting all setbacks from wells and they are going to stay as far as they can. Valerie estimated they are at least 800 feet from Mrs. Roger’s well. Valerie said they did nitrate studies. She said the water should go into the ground and be absorbed.

Valerie showed where the fields and natural drainage were located and where the flow will go over the ground and be absorbed. Mr. Brown said that between the well and the field is an existing stream.

Mike Lyons from Cape Road spoke and said that he owns 650 Cape Road which is adjacent to the property. He wanted to know as a taxpayer what the budget will be. Valerie said they are working with the district to get bids from their approved contractors. Valerie said the ones that are over seeing this project are anxious to see this happen immediately. She said they are going to be required to do a public information meeting and notify all of the abutters. Mr. Lyons asked about the flowage into the Saco River and asked at what point it would be stopped and how long will this take. What happens if there is a storm and there is a water overflow, what will happen to the old system? Valerie said the existing system only collects domestic waste water. She said this new system will distribute the water with the biggest part being absorbed. Valerie said none of the water from a storm will come into the system. She said they have a flow meter system and data from that. She said the actual daily flow is 10,000 gallons per day.

Mrs. Byrnes asked about snow melt and heavy rain and would it flood the system. Valerie said it would not. Mrs. Byrnes asked about the vernal pools and how they are protected. Valerie said they are protected with erosion control silk fence and there will be other permits during construction that need to be followed. She said they will not touch the vernal pools and they can’t anyways as they are protected. Valerie showed the vernal pools on the plan and said the larger one is about 100’ x 100’ and the smaller one is 50’x50’. Mrs. Rogers asked about the pipes that go to the river. Valerie said they would be cut and plugged and then abandoned. Mike Lyons asked about the pipes as right now he would like to do some logging but can’t because of the heavy equipment on the pipes and the chance of crushing them. He asked if the right of way would revert back to him and Mr. Brockman told him that would be up to the Board of Directors and MSAD 6. He said doing away with the right of way would be up to the school board.

Mr. Brown asked what the Planning Board would like to do. Mrs. Boxer said this project is very well detailed and Mrs. Byrnes said she felt a site walk would be nice. Mrs. Byrnes said that taking everything from the system and keeping it out of the river is a good thing. Valerie said there will be a new pumping station and the new system would not be impacted by the new building and they would have to obtain a permit and also be in con- tact with the Fire Marshall. Mrs. Frechette asked about the system being pumped out now and Mr. Brockman said they pump weekly, sometimes more. They have their own pump truck and pump other school facilities also. He said the new system won’t have to be pumped so frequently. Mr. Brown said additional solids would get removed in their treatment facility. Mr. Cloutier asked if comments and questions were done as he made a motion to find the application complete and seconded by Mr. Brown. All in favor. Mr. Brown read 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. (Shown on plan).

D.  Contours at intervals of not less than two feet. (Shown on plan).

E.  Building envelopes. (Shown on plan)

F.  The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan. (Applicant has provided an architectural drawing)

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. (N/A to this project)

H.  The location of all existing and proposed easements and rights-of-way. (Shown on plan)

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. (N/A as there is no change to any pedestrian access ways. Project is not located within the FBCVD).

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

K.  The location of outdoor lighting. (N/A as no change in lighting is proposed).

L.  The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees. (Provided on site plan).

M.  The landscape plan showing the location and types of plantings and screenings. (N/A as there is no change to any landscaping.)

N.  The location and size of signs and advertising features. (N/A as no changes to signs are   proposed.)

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. (Other permits are addressed in the conditions of approval).

III. PLANNING BOARD ACTION- The Planning Board is asked to review this site plan application for the proposed subsurface disposal system at MSAD #6 using Part 1 (Article III – District Regulations 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 181- 73 before granting any approval:

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. (No change is proposed).

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. (No change to footprint of the building proposed for reconstruction.)**Stick built building to be built**

C.     The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development. (No change is proposed). **Per Valerie- Moving a building further from property line

D.     The site plan adequately provides for the soil and drainage problems that the development will create. (Applicant has provided a storm water analysis; no adverse impacts are anticipated). ** Silk fence and erosion control during construction process**

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. (There is no change from the existing lighting).

F.      The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved. (The applicant has provided this evidence). This project has $ 1.1 million dollars that has been set aside for this project without any additional burden on the taxpayers (Per Mr. Brockman)

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. (The proposed building will be sprinklered). **Valerie said she has an email from the Fire Inspector and will send to Jackie tomorrow and this is to be shared with the Planning Board members.**

H.     The proposed development has made adequate provision for sewage disposal. (The proposed projects includes a new subsurface system; DHHS has provided their approval).

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. (The new subsurface fields will not alter the character of the surrounding areas).

J.      The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes. (The new building will be sprinklered and will be connected to the existing fire suppression system). **No domestic water to be added. Bathroom already on site.**

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

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. (The applicant has provided architectural drawings).

M.    Within Form Based Code Village Districts, the plan must meet all of the following additional standards:     NA

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. (N/A).

(6)    Underground utilities.

                        (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. (N/A)

A motion to grant site plan approval was made by Mr. Cloutier . Mr. Cloutier read the following:

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. (N/A).

(6)    Underground utilities.

(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. (N/A)

IV. PLANNING BOARD VOTE – If the Planning Board finds the application for a new subsurface disposal system at MSAD #6 to serve both Bonney Eagle High School and Bonney Eagle middle school 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 Site Plan approval under the provisions of Chapter 181 – Part 2 of the Standish Land Use code for the application submitted by Valerie Giguere of Underwood Engineers for the proposed new subsurface wastewater disposal system at MSAD #6 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).

CONDITIONS OF APPROVAL:

1.  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. The work shall be in conformance will plans and supporting materials submitted by Valerie Giguere of Underwood Engineers which consists of 21 sheets and is revised through 1/22/2019.

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.   This project is subject to a Site Location of Development (SLODA) amendment permit, the application for which is being reviewed by MDEP. The permit must be approved prior to construction activity. A general permit is also needed from the Army Corps of Engineers prior to the start of construction.

4.   Prior to the start of construction, the contractor shall attend a pre-con meeting with the owner and design engineer.

5.  The existing cistern adjacent to the maintenance building shall be maintained for access by Standish Fire Department throughout the construction phase of the new disposal system.

6.  The applicant shall make the necessary changes to applicable drawings as outlined in response memo dated March 27, 2019 by Valerie Giguere of Underwood Engineers addressing the March 19, 2019 third party review by Atlantic Resource Consultants.

7.    The applicant shall follow the 14 conditions outlined in the letter from James A. Jacobsen from The Division of Environmental Health to William Brockman of MSAD #6 from Maine DHHS dated March 6, 2019 in which the subject reads: Approval, Engineered System, Maine School Administrative District #6, Bonny Eagle School Complex, Standish.

Mr. Brown asked if the DEP would be conducting an onsite inspection and Valerie said she didn’t know as of now. She said that DEP asked for approval from DHHS before they came to them. Mr. Brown said they might ask for 3rd party inspections but Valerie was not sure how they would treat it as it is a municipal project. Zach said if they do inspect he would like copies of those reports.

The motion to approve was seconded by Mrs. Whittemore. All in favor.

Meeting was adjourned at 9:00pm.