Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
September 14, 2020
Open Meeting
a. Call to order
The meeting of the Standish Planning Board was called to order by Chairman Charles Brown at 6:00pm. Present were Cheryl Kimball, Jolene Whittemore, Deb Boxer, Phil Pomerleau, Zack Mosher, Town Planner and Jackie Dyer, Admin.to the Town Planner and Planning Board.
Mrs. Whittemore made a motion to change the agenda and move Mike Sullivan’s application to the second item of new business. Mrs. Kimball seconded this and all in favor.
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum (5)
Mr. Brown welcomed new Planning Board member Phil Pomerleau.
Approval of Meeting Minutes from August 10, 2020
Mrs. Whittemore made a motion seconded by Mrs. Kimball to approve the minutes as written. All in favor.
Approval of Finding of Fact:
- Tim Johnson, 28 E. Eleanor Avenue, Map 26, Lot 25-Shoreland Zoning Application
Mrs. Whittemore made a motion that the Finding of Fact be approved with one revision to condition #4, that was made before the meeting. This was seconded by Mr. Pomerleau. All in favor.
- Charles Piper, 36 Great Bay Road, Map 46, Lot 14-Shoreland Zoning Application to build a new home and new garage
Mrs. Kimball made a motion seconded by Mrs. Whittemore to approve the Finding of Fact as written. All in favor.
New Business:
- Richard Ohlsten,19 Smooth Ledge, Map 43, Lot 67-Shoreland Zoning Application to construct a new single-family residence and outbuilding
Joe Williams from Lakeside Construction was present to represent the applicants. He said that they would like to tear the existing cottage down and replace it and build an outbuilding. This will be moved back to approximately 60 feet from the water. Joe said they have it scaled at the high-water mark at 59.1/14 inches. This was set by a surveyor. Joe said they are not exceeding their impervious area and are not exceeding any constraints of the lot. They have a maximum of 3600 and they are using approximately 2600 square feet. He said they are 32 feet from the high-water mark. He said the 16-foot overhang from the porch has been removed from the plan. It is on the building elevations but not on the plan as it would be part of the overall footprint. Mrs. Boxer asked about impervious area around 18,000 and Joe Williams said that the road goes through the land and they have removed some of the footprint.
Mr. Mosher said this is being treated as two lots. Joe said they count it as one but did the calculations as two lots. Mr. Mosher said the road is a 25 foot right away from 1902-1903 when the lot was sold. Joe said they are still under the 20% on both lots. He said the back lot with the outbuilding will only be using approximately 6% of the impervious area. Mr. Brown asked what the wishes of the Board were.
Mr. Brown asked if the road was considered a private road or a public road. Both Mr. Mosher and Joe Williams said it is a private road. Mr. Mosher said the Town maintains it during the winter. Mrs. Kimball asked if any trees from the back lot would be removed and Mr. Williams told her no. Mr. Brown asked if the usable floor elevation would be set at one-foot elevation above the lake and Mr. Williams said yes. Mr. Williams said he will be doing an elevation certificate for the Code Enforcement Officer. Mr. Brown asked if he will be doing a plan that will be signed and recorded for the Registry of Deeds and Mr. Williams said he would. Mr. Brown said that will be put on as a condition of approval and no building permits would be issued until this is done and presented to the Town Planner and the Code Enforcement Officer.
Mr. Brown asked if they are missing anything and Mr. Mosher said some trees will be taken down. Mr. Williams said there is a plan to have a hedgerow planted and they would be planting significantly more than what they are removing. He said they are removing three and there is an erosion plan that shows this. Mr. Pomerleau asked if the driveway is across the street and Mr. Williams said the driveway is on the water side and the property goes on both sides of the road and are two separate lots. Mr. Williams said there are 10-foot side setbacks and the driveway runs to the residence. The set back from the road is 33 feet 6 inches.
Mrs. Boxer made a motion seconded by Mrs. Kimball to find the application complete. Mr. Brown asked for public comment. All in favor that application is complete. Mr. Brown read the following:
237-16 D. Procedure for administering permits.
(3) After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
(a) Will maintain safe and healthful conditions; (With the conditions of approval listed below, no issue.)
(b) Will not result in water pollution, erosion, or sedimentation to surface waters; (Erosion and soil control narrative provided which should be followed prior, during and after construction; this part of Sebago Lake is relatively flat).
(c) Will adequately provide for the disposal of all wastewater; (The structure will provide adequate wastewater disposal; HHE 200 was put in in 2013 and will be moved further away as part of this proposal.)
(d) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird, or other wildlife habitat; (No adverse impact is anticipated).
(e) Will conserve shore cover and visual, as well as actual, points of access to inland waters; (The applicant is proposing to remove 3 trees which will need to be replanted.)
(f) Will protect archaeological and historic resources as designated in the Comprehensive Plan;(The proposal will protect archaeological and historical resources).
(g) Will avoid problems associated with floodplain development and use; and (The applicant will need a flood certificate to present to the CEO).
(h) Is in conformance with the provisions of § 237-15, Land use standards. (Staff finds no issue as long as the conditions are approval are met.)
IV. PLANNING BOARD VOTE – If the Planning Board finds the application for a tear down and rebuild of residence and garage located at 36 Great Bay Rd within the Shoreland Zoning district and meets the requirements of Chapter 237 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 approval under the provisions of the Standish Land Use code for the application submitted by Joe Williams of Lakeside Construction, on behalf of Richard & Constance Ohlstein, for the tear down and rebuild of the residence at 19 Smooth Ledge Rd. with the finding that it meets:
- The application meets the requirements in Sec 237-12, 237-15 and Sec 237-16 of the Standish Code of Ordinances.
V. CONDITIONS –
- All work shall be in conformance with materials and plans submitted by Joe Williams of Lakeside Constructions which consists of 3 plan showing Existing Conditions, Proposed Conditions, and a Soil and Erosion Control Plan and are revised through 8/31/2020.
- 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, and a re-vegetation plan (including plantings on the lake side of the property).
- 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. 32 ft, to be demolished and a replacement structure with proposed structure scaled setback of approx. 61 ft built on a new foundation.
- The applicant must provide the Town with a copy of a site plan that is to be registered at the Cumberland County Registry of Deeds prior to issuance of any building permits being issued.
- 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 seconded by Mrs. Boxer to grant approval with the above Conditions of Approval. All in favor.
Mike Sullivan from S.W. Management was present to represent himself. He said he is here to get an approval for an 8500 square foot cold storage warehouse at 35 Blake Road. Mr. Pomerleau asked what zone this is in and Mr. Mosher said it is in the Standish Corner District. Mr. Pomerleau said sometimes he does not understand the form-based code and having light commercial within this zone. Mr. Sullivan said that was his question to the Appeals Board and why the zoning had changed. Mr. Pomerleau said he wondered why the went that way and he was on the Town Council when they went to form based code. He said the Council said that the Form Based Code was always a work in progress and would take many years of work to get it right. Mr. Pomerleau said that they try and work with companies and it’s always going to change in some places. He said that Mr. Sullivan has done a great job with his company and he thanked him for being here.
Mr. Brown asked Mr. Mosher about how they handle the form-based code requirements? He said if they went by the Form Based requirements this building would have to be right out front by the street. Mr. Mosher said that prior to this code, making an accessory building move to the street did not seem to make sense. Mr. Sullivan said the front of the property is all ledge and they filled in some of the site pad 20 years ago. Mr. Brown asked if there is a sidewalk and Mr. Sullivan said there is none and not room for one. Mr. Mosher said in 2017 when they bought the building, they came to the Planning Board for a change of use. Mr. Sullivan said they have spent a lot of money doing the rock walls back to the way they used to be and updates to their building. Mr. Sullivan said that if they want a sidewalk, he does not know how they would get it down there and it would be a significant amount of work.
Mrs. Whittemore said the memo says there is an existing sidewalk and Mr. Mosher said that it is wrong. Mrs. Boxer asked if they were going to just store the equipment they have outside now, inside this building. She said there is no extra traffic and Mr. Pomerleau said it would be nice to have it quiet. Mr. Pomerleau asked about the variances they were granted by the Board of Appeals and Mr. Sullivan said yes, he had met with the Board and there were two waivers granted. One was for height and the other was for architectural standards. Mr. Sullivan said they want to put away their cranes and bigger equipment away in the winter plus some of their goods they have to store. Mr. Pomerleau asked how many people they employ, and Mr. Sullivan said around 65. Mr. Pomerleau said they are one of the biggest companies besides the High School in the Town.
Mr. Sullivan said they hope to grow their company. Mr. Brown said they had a letter from Gorham Fence, and they have no issues with this building. Mr. Sullivan said this will remain a cold storage building unless he brings a sprinkler system in and he is not sure where they will be as a company ten years from now. Mr. Brown asked Mr. Mosher if there was anything he wanted to add and he said no, they were granted the waivers through the Board of Appeals on the height for 27 feet and architectural standards. Mr. Brown wanted to know if the Board needs to grant and waivers and Mr. Mosher said he didn’t think they needs to. Mr. Brown said there is a letter of financial capacity.
Mr. Brown asked for a motion to find the application complete, this was made by Mr. Pomerleau and seconded by Mrs. Whittemore. All in favor. Mr. Brown asked for public comment. Mr. Brown read the following:
II. Determination of Completeness – A number of items are not applicable to this site 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. (Applicant should add scale).**this will be a condition of approval**
C. The exact dimensions and acreage of parcel to be built upon. (N/A).
D. Contours at intervals of not less than two feet. (N/A).
Site is very flat and follows parking lot. Motion made by Mr. Pomerleau and seconded by Mrs. Whittemore to grant waive for no contours. All in favor.
E. Building envelopes. (Applicant has shown setbacks and size of proposed building).
F. The size, shape and location of existing and proposed buildings. Architectural drawings of proposed buildings shall be attached to the site plan. (Location of storage building is shown – elevations have been provided).
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. (None exist).
I. The location and dimension of pedestrian accessways. 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 – there is an existing sidewalk at this property; property was improved prior to the Standish Corner District). There is not a sidewalk per Mr. Mosher
J. The location and size of existing and proposed water and sewer mains, culverts and storm drains. (N/A.)
K. The location of outdoor lighting. (Information has been provided; no lighting is proposed).
L. The location of natural features such as watercourses, marshes, rock outcroppings and stands of trees. (N/A as site has been developed).
M. The landscape plan showing the location and types of plantings and screenings. (N/A as site has been developed).
N. The location and size of signs and advertising features. (No proposed signs or advertising with accessory structure.
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. (No information needed).
IV. Planning Board Vote – If the Board is amenable, make a motion that the application submitted by Mike Sullivan, on behalf of SW Management Inc, to construct an accessory structure at 35 Blake Rd meets all of the necessary criteria contained in the Land Use Code, including but not limited to Chapter 181, Part 1, Article III (District Regulations and Chapter 181, Part 2 (Site Plan Review) and that approval be granted with the conditions mentioned below, along with any other conditions raised by the Planning Board.
V. CONDITIONS –
- 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 Mike Sullivan which consists of an overall plan titled Wireless Construction Inc and dated 3/9/20 and an elevation plan by Patco dated 1/9/20.
- The Board of Appeals approved the two variances with the condition that that there will be no human occupancy in the building and its only use is for cold storage. That condition carries to the Planning Board.
- North arrow and scale need to be put on plan.
Mrs. Whittemore made a motion seconded by Mrs. Kimball to grant approval. All in favor.
- Town of Standish-Standish Memorial Park, Rt.25/Diamond Lane, Map 5, Lot 23-Site Plan for expansion
Dustin Roma from DM Roma Consulting Engineers was present to represent the applicant, Town of Standish. He said this is an additional and final phase of an addition to Memorial Park. He showed a rendering showing the site and how they would like it to look. There are additional soccer fields, a dog park and parking. Also shown he said are a possible amphitheater and a potential to have expanded concession areas. He said they have prepared a stormwater plan for DEP as well as a plan for curbing and paved sidewalks. He said this is a premier plan and feels it will be a nice park. Dustin said that there is a turnaround at the end that will enable traffic to flow better.
Dustin said there are no alterations proposed to the baseball fields and they will also pave and stripe the parking lot, so the parking is more organized and orderly. Dustin said the stormwater runoff will be done through culverts and buffers. He said there is a high-water table and that restricts some of the water run off but buffers a re a great way for water runoff. He said some of the land has a slope, but they have good soil. Dustin showed a triangular piece of property where there is a disputed property line. He said the town surveyor and the landowner surveyor do not quite agree and they are staying away to avoid any conflicts. Mr. Brown asked if this was a gore or an overlap and Mr. Roma said he was not sure. Dustin said that this project is being done with some grants that the Park and Recreation Department have received, and money appropriated by the Town.
Mr. Roma said that there are no proposed lights as this is daytime use only. They are not proposing any subsurface wastewater systems. He said the Town has used it for movies and fireworks. Mr. Roma asked for questions from the Board. Mr. Pomerleau said he was on the Council when this land was purchased, and this is exactly what the Council would have wanted as their vision. He said they could not have asked for a better plan than what is before us tonight. Mrs. Whittemore asked about waste and trash disposal and Mr. Roma said that Parks and Recreation would have receptacles out and would be taking care of them. Dustin said they would be located around the property. Mr. Brown asked for public comment.
Kathryn Thompson Watters spoke and said they are the land abutters where the property dispute is. She said that they have a disputed survey and they would like a 600 foot fence against their property, preventing people from coming onto their property to smoke. Mr. Brown said the Planning Board cannot resolve any boundary issues. Mr. Pomerleau said that maybe they should go to the Code Enforcement Officer if people trash their property. She said she feels that a fence would be an improvement and Mr. Mosher said the money for the fields is appropriated, but not for a fence. Mr. Mosher said that if this plan is approved tonight, that does not resolve their issues. He said they could speak with the Town Manager. Mr. Mosher said they could try and resolve this with the Town or in court.
Mr. Pomerleau said that is a long fence and a lot of money. Both the surveyors are aware there is a discrepancy in the boundary line. Mr. Pomerleau said this dispute has been going on for quite some time. Mrs. Whittemore asked about pulling the plan back and Mr. Roma said that nothing would be done in the disputed area. Mrs. Whittemore said it seems that the dispute will have to be taken care of before they went near that area with a fence. Mrs. Watters said that there is a culvert that is plugged up and Mr. Brown said she should speak with Roger Mosley.
Mr. Brown said the Fire Chief would like some curbing inside of the island and one between the two parking areas near the corner of the ball field at the intersection of the two roads. Mr. Mosher said he would send that to Mr. Roma. Mr. Brown said DEP seems straight forward and he had read through it all. Mr. Brown said that was all he could think of as far as conditions of approval. Mr. Brown one added condition was that this project met the requirements as set forth from the Fire Chief and from the DEP report as outlined and dated August 2020. Mr. Pomerleau made a motion to add those two conditions to the application. Mr. Brown asked if Mr. Mosley had reviewed the application and Mr. Mosher said yes. Mr. Pomerleau made a motion to find the application complete and this was seconded by Mrs. Boxer. 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 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. (Access will utilize both the Rt 25 and Diamond Lane entrances; internal sidewalks are proposed also).
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 structures are proposed; a pavilion is proposed where there are existing buildings and a playground with equipment is proposed off Diamond Lane.)
There will be a dog park and a playground
C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development. (The project will maintain the existing screening to neighboring properties; there is a stand of trees that exist between the fields and Rt 25.)
D. The site plan adequately provides for the soil and drainage problems that the development will create. (The project has received a Maine DEP stormwater permit).
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. (No site lighting is proposed).
F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved. (The town has appropriated funds and received grants to finance the project).
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 Fire Inspector has looked over the proposal and provided feedback to the applicant).
H. The proposed development has made adequate provision for sewage disposal. (N/A as no permanent facilities are proposed and no on-site septic currently exists; portable toilets are proposed).
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. (This has been a town-owned park for a number of years; no alteration to the character is anticipated).
J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes. (Access is sufficient for fire equipment).
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. (N/A).
IV. PLANNING BOARD VOTE – If the Board is amenable, make a motion that the application submitted by DM Roma Consulting Engineers, on behalf of Town of Standish, to construct 2 additional multi use fields, a dog park, outdoor pavilion space and associated improvements at 670 Ossipee Trail W meets all of the necessary criteria contained in the Land Use Code, including but not limited to Chapter 181, Part 1, Article III (District Regulations and Chapter 181, Part 2 (Site Plan Review) and that approval be granted with the conditions mentioned below, along with any other conditions raised by the Planning Board.
A motion was made by Mr. Brown and seconded by Mrs. Whittemore to approve the application with two added Conditions of Approval. All in favor.
V. CONDITIONS –
- 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 DM Roma Consulting Engineers, which consists of 8 sheets (Title Sheet, Existing Conditions Plan, Overall Site Plan, 3 Grading and Drainage Plans and 2 Details Pages) and 2 Watershed Maps and are dated as 7/1/2020.
- The applicant must meet the requirements set forth in the memo dated August 20,2020 from the Fire Department.
- This application is subject to the Conditions of Approval as outlined in the State of Maine Department of Environmental Protection Approval dated August 26, 2020 and filed on August 28, 2020.
Mr. Brown said we need to elect officers and Mrs. Whittemore nominated Mr. Brown. All in favor.
Mrs. Boxer nominated herself for Vice Chair and this was seconded by Mr. Pomerleau. All in favor.
Meeting was adjourned at 7:25pm