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Standish Planning Board Meeting Minutes

Meeting date: 
Monday, August 10, 2020

Standish Planning Board

Meeting Minutes

August 10, 2020                                           

 

 

 

The meeting of the Standish Planning Board was called to order at 6:00pm by Chairman Charles Brown. Present were Jolene Whittemore, Deborah Boxer, Cheryl Kimball, Town Planner Zach Mosher and Jackie Dyer, Admin. to Town Planner and Planning Board.

 

Open Meeting

           a.        Call to order-Chairman Charles Brown

           b.       Opening Statement from Planning Board Chairman

           c.        Declaration of a Quorum-4

 

Approval of Meeting Minutes from July 13, 2020

 

Mrs. Whittemore made a motion to approve the meeting minutes, seconded by Mrs. Boxer with one correction needed. All in favor.

 

Approval of Finding of Fact:

  • Gorham Sand & Gravel, 186 Fort Hill Road, Map 14, Lot 54-1(former Pompeo Pit- 5 Year Gravel Pit Renewal

 

Mrs. Kimball made a motion seconded by Mrs. Whittemore to approve the Finding of Fact. All in favor.

 

  • WASH, LLC, Route 35(Chadbourne Road), Map 14, Lot 45-5 Year Gravel Pit Renewal

 

Mrs. Whittemore made a motion seconded by Mrs. Boxer to approve the Finding of Fact. All in favor.

 

New Business:

 

  • Tim Johnson, 28 E. Eleanor Avenue, Map 26, Lot 25-Shoreland Zoning Application

 

Tim Johnson was present to represent himself. He said that he would like to put a new foundation or footing under the existing camp and do an addition on the side. Tim said he has had a surveyor out at the property. He said there is a huge concrete base under the fireplace, and this is also is a support to the camp. Tim said that he has also had a contractor come out to look at the camp and the fireplace base and he gave a letter to the Board from the contractor. He said on the original plan, an erosion and control plan was not done, so he had the plan redone and gave that to the Board also. Tim said that some of the camp is about 75 feet from the water and some is back further. He said they would like to do this foundation and expansion with the camp staying where it is. He said that they would like to expand to 1500 square feet and from what he has read, he can do that. He said the some of the elevations will be what there is now. He said that keeping some of the elevations the way they are and then adding two feet, the water run off to the lake will be a lot less.

 

Tim said that is all he has. Mr. Brown asked for questions from the Board. Mr. Johnson said they will put in a new septic and leach field. Mrs. Whittemore said that when she looked at the plan, it looked like a thousand-gallon tank was proposed but the cottage plans have a five-bedroom plan. Mr. Johnson said that there will only be four bedrooms. He said there are five laid out, but they are only going to have four. He said they had a licensed soil engineer do the septic plan. He said the new plan called for 100 feet from the high-water mark and its only 75 feet from the existing well. The CEO can make that decision. Mrs. Boxer said that if they are doing the addition, it looks like they would need to put it behind the existing building. Mr. Johnson said this is 10 feet further away than what is already existing. He said this is not making the lot more non-conforming. and the addition would be a lateral addition. Mr. Brown said Mrs. Boxer is asking if the addition would meet the setbacks? Mr. Johnson said with the contour of the property, the place they can put the leach field is the only place on the property. Mr. Mosher said there was a case in Raymond many years ago where the owner wanted to do a lateral addition and the court ruled that the lateral expansion does not increase non-conformity.

 

Mr. Johnson said that he interpreted the Shoreland Zoning ordinance that he did not have to move back to do the expansion he wants to do. He said that the ordinance does not say that you must move the 75 feet back. Mr. Brown asked about the plan and he thought it was supposed to start where the porch is now, not closer to the lake. Mr. Johnson said the drawing is a bit off and the addition would be even with the existing porch. He said where the porch ends is where the addition would start. Mrs. Kimball said when they did the site walk, Mr. Johnson told the Board the start of the addition would be by the porch window. Mr. Johnson said its 10 feet back and that is where he wanted it. Mr. Brown said he felt that a determination had been done about the flood zone of the lake and it seems right with the research he had done. Mr. Brown said that Mr. Johnson should contact FEMA as this can be relative to his project, as FEMA has their high-water line wrong.

 

Mr. Brown said that the lateral move for the addition would not make the lot more non-conforming. Mr. Johnson said he does not want to put a foundation under the camp and raise it. He just wants to dig a trench, put some reinforcement in and leave what is under the camp there. Mr. Brown said he did get down and look under the camp and the main carrying timbers for the cottage are down the middle and rest on the support for the big chimney. Mr. Johnson said the chimney is about 52,000 pounds of stone, rock, and cement and that is why they want to use the block foundation. He said they will go in 4 or 5 feet and use the blocks. This will be just some frost walls said Mr. Johnson. Mrs. Boxer asked if Portland Water District had looked at this and Mr. Brown said they do not have any jurisdiction over Watchic Lake. Mr. Johnson said he thinks that Watchic Lake runs into the Saco River. Mr. Mosher said he had nothing to add other than the application is not in the flood zone and the blue line on the plan should be removed. Mr. Johnson said that there are 6 trees to be taken down and will be replaced with 2:1.

 

Mr. Johnson said one of the trees is dead halfway up and will have to come down.  Mr. Brown asked for public comment and there was none. Mr. Brown asked the Board how they felt. He said he was going over the plan submitted tonight. Mrs. Boxer said that other than questions about nonconformity it looked like things were in order. Mr. Mosher said that condition 3 calls for an erosion and sedimentation plan. Mr. Mosher said the new date on the plans tonight should be reflected in the conditions. Mr. Brown read the following:

 

“Move that the Board grant approval under the provisions of the Standish Land Use, Chapter 237, for the application submitted by Tim Johnson of 28 East Eleanor Ave., for the expansion and new foundation under the whole structure at 28 East Eleanor Ave with the finding that it meets:

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

 

V. CONDITIONS –

  1. All work shall be in conformance will plans submitted by Dana Libby, PLS entitled “Plan Showing A Boundary/Site Survey for Timothy M. & Janet L. Johnson” which consists of 1 sheets and is dated as 8/10/2020 and supporting materials submitted by Tim Johnson received as 8/10/2020.

 

  1. 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.

 

  1. The following plans and calculations must be submitted by the applicant and approved by the CEO prior to the start of construction: An Erosion & Sediment control plan and a re-vegetation plan (including plantings on the lake side of the property). The applicant must prove that the lowest floor elevation is at least 1 ft above the base flood elevation.

 

  1. 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. 45.96 ft, to the existing structure and an expanded structure with proposed structure scaled setback of approx. 45.96 ft.

 

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

 

  1. Expansion of the structure is limited to 4 bedrooms unless supplemental approval is received.

 

 Mrs. Kimball asked if the foundation would be under the whole structure and Mr. Johnson said no. Mrs. Whittemore asked about the five bedrooms on the plan. Mr. Johnson said that is the layout, but they will only have four. Mr. Brown said it may be needed to be made a condition of approval #6 that this expansion is limited to four bedrooms only and an easy condition to add. Mr. Mosher said the added condition would be good to add. Mrs. Whittemore said because the 5-bedroom plan was submitted she felt that was the final plan and needed to be addressed. Mr. Brown asked if Ken Ouellette was a structural engineer and Mr. Johnson said no.

 

Mrs. Boxer made a motion to find the application complete and this was seconded by Mrs. Whittemore. All in favor. Mr. Brown made the motion to approve the application as per Chapter 237, for the application as submitted by Tim Johnson of 28 East Eleanor Ave., for the expansion and new foundation under the whole structure at 28 East Eleanor Ave with the finding that it meets the requirements in Sec 237-12, 237-15 and Sec 237-16. This was seconded by Mrs. Whittemore. All in favor. Application approved.

 

 

  • Charles Piper, 36 Great Bay Road, Map 46, Lot 14-Shoreland Zoning Application to build a new home and new garage

 

Matt Ek of Sebago Technics was present to represent the applicant. He said the Pipers are here also. Matt said they would like to demolish the existing cottage and build a new home along with an added garage. He said a site walk was held and there are a few comments from that to address. Matt said the property is two lots, a front one and a back one. Matt said this is within a subdivision. He said they have made a couple of changes that the Board was concerned about. He said they have moved things into alignment and have updated the building plan, which they have added two feet in depth, going further away from the lake. He said there are no changes to the garage, they have twisted the house a bit and are also further from the road. He said there is a concrete pad and that will be removed so there is more space on the private way. Matt said they are requesting a 50-foot waiver from the private way also.

 

Matt said they will move the building back as far as possible and they also have gotten the Permit by Rule. He said they could expand 30% but they are only expanding the house by 18.6% and 18.2 % for the garage. Mrs. Boxer asked about the existing deck and was it there now. Mr. Ek said yes, but the new deck will be smaller. He said they are keeping the features of the house and property very similar as to what they have right now.

Mr. Brown asked about the floor plan and Matt said the plan is not updated but will be before they seek a building permit. Mr. Brown asked about upgrading the septic and Matt said they are not upgrading anything but using the existing system. Mr. Brown asked about he access to the property via an easement. Mr. Ek said the right of way was built years ago through a very winding driveway and they have straightened it out a bit and have a prescriptive easement. He said this access to the water also is for people on Great Bay Road only. He said there is a little footbridge and a trail that people can use. Mr. Mosher said he had nothing to add. Mr. Brown asked how the Board felt and did they have any questions? He also asked for public comment and there was none.

 

Mr. Brown said he assumed that Matt would get a signed and sealed plan for the CEO and he said yes. Matt said there are minimal changes to the architectural plans and Mr. Mosher said the garage is out of the shoreland. Matt said there are two trees to be removed and they are planning on replacing those. Mr. Brown closed the public hearing and read the following:

 

  1. All work shall be in conformance with materials and plans submitted by Matthew Ek, PLS entitled “Existing Conditions Plan and Site, Grading and Utility Plan” which consists of 2 sheets and is dated 06/15/2020 and revised through 08/10/2020.

 

  1. 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.

 

  1. 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, and a re-vegetation plan (including plantings on the lake side of the property).

 

  1. 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. 51 ft, to be demolished and a replacement structure with proposed structure scaled setback of approx. 51 ft built on a new foundation.

 

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

 

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

 

Mr. Brown read the following:

 

“Move that the Board grant approval under the provisions of the Standish Land Use, Chapter 237, for the application submitted by Tim Johnson of 28 East Eleanor Ave., for the expansion and new foundation under the whole structure at 28 East Eleanor Ave with the finding that it meets:

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

 

Mrs. Whittemore made a motion to approve the application and this was seconded by Mrs. Kimball. All in favor. Application approved.

 

A site walk for 19 Smooth Ledge was set for 5:00pm on August 17th and Memorial Park for 6:00pm the same night. Meeting was adjourned at 7:10pm.