Standish Planning Board Meeting Minutes

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.

Standish Planning Board

                                                             Meeting Minutes

                                                               May 03, 2021

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Cheryl Kimball, Jolene Whittemore, Phil Pomerleau, Frank Nappi, Deb Boxer, Erika Ewers, 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-7 present

Approval of Meeting Minutes from April 05,2021

Mr. Pomerleau made a motion seconded by Mrs. Boxer to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

BD Solar Standish, LLC, Moody Road, Maps 10&14, Lots 48&1-Site Plan Application for a solar farm

Mr. Nappi made a motion to accept the Finding of Fact, seconded by Mrs. Boxer. All in favor with the correct FOF given to Mr. Brown before the meeting started.

New Business:

• Jeffrey & Susan Milliken, 12 Meadow Lane, Map 43, Lot 9-Shoreland Zoning Application-Addition and new septic system to home

Joe Williams from Lakeside Construction was present to represent the applicant. He said they are looking to do an addition to the already existing house, change the septic from a three bedroom to a four with a new design. Mr. Brown said there was a site walk a couple of weeks ago. Joe said the impervious coverage would go from 15% to 18% within the Shoreland Zone. He said the building expansion would add 146.8 square feet being a hundred feet from the water. Joe said the bulk of the addition would be outside of the hundred-foot mark.

Mr. Williams said that there are no trees to come down and very little vegetation to disturb. He said the property is mostly just lawn and gravel. Mr. Brown asked for comments from the Board. He asked Mr. Mosher if he wanted to add anything, and he said the site walk was straight forward and Mr. Williams has done all the calculations he has needed to do. Mr. Brown said the septic is smaller and that allows the building to be pushed back to where it should be. Mrs. Boxer asked how far the leach field is from the foundation and Mr. Williams said it is 16 feet. He said the new system meets the proper guidelines and setbacks.

Mr. Brown asked for other comments and Mr. Pomerleau said he felt this was very well done and met what they wanted. Mrs. Whittemore said the site walk was a big help and everything was very well staked out. He asked for public comment and there was none.

Mr. Brown asked for a motion to find the application complete, and Mr. Pomerleau made the motion seconded by Mrs. Whittemore. All Board members in favor. Mr. Brown asked for a motion for approval, with the six conditions of approval reading being waived. Mrs. Whittemore made a motion to approve the application with what was read, seconded by Mrs. Boxer.  All in favor.

Mr. Brown welcomed new Planning staff member Scott Hastings. Mr. Mosher said he would talk with the Board after the meeting was over.

• Wildlands Subdivision (Nature’s Way), Map 12-amendment to an already existing subdivision

Shawn Frank with Sebago Technics was present to represent the applicant along with Brian Leavitt and Jamie Thompson from Leavitt-Thompson, developers working with the applicant, Jojos. Shawn said the Wildlands was approved back in 2007 off from Boundary Road. He said they are here seeking an amendment to the subdivision, which was approved for 216 lots, 30 being the first phase. He said the original developer is now deceased and the bank took over the property, selling it to Jojos. Shawn said they have 22 bonus lots and were going to make major upgrades to the water main that services Phase one of this subdivision now. He said the upgrade to the water main would be shared with another subdivision as part of the original plan and as of now, the applicant has found that the upgrade would be very expensive with what they would have to build for water mains and a way to get the water there through pressurization. The applicant has stated that it is too expensive and is no longer feasible, and this means that the 22 bonus lots would no longer be proposed. Granby Way and White Tail Lane have been eliminated, Estes Drive and Hunters Haven roads have been shortened. Shawn said this eliminated about 22,000 feet of road.

Shawn said that with the 22 lots being eliminated, this would bring buildable lots down to 64. They have worked with DEP, the Army Corp. of Engineers, and have updated the storm water management, further defined the open and recreational space, along with the open space that has the Conservation easement over it and DEP watches over that. Shawn said they have looked at all wetland impacts and have received all the permits needed from the Army Corp. of Engineers and DEP. Shawn said with they would certainly be happy to gain approval for this subdivision amendment.

Mr. Mosher said that this is a proposed cluster subdivision with reduced lot sizes to 40,000 square feet and setbacks. He said he feels they have everything on the plan that has been asked for. He said that the open space was approved back in 2007, but the Army Corp. of Engineers permits were never obtained. He said the applicants have land that is next to this and thought they could make a trade off with the Army Corp. as a compensation package, but the State was not willing to do this. Mr. Mosher said the Army Corp. is willing to work with the Town and the applicants so that land will never be developed. Mr. Mosher said he reached out to DEP for traffic concerns and based on their information, they said this does not meet any need for a study. Mr. Frank said there are impact fees associated with this and he and Mr. Mosher have those figured out. He said also there is a performance guarantee that needs to be taken care of. Mr. Nappi asked about Peer Review Engineering and what was that? Mr. Frank said those were from a couple of years ago, but Mr. Mosher had asked these be put in as additional information. Mr. Nappi asked about Portland Water District and how it was cost prohibitive. Mr. Frank said it was not just running the water main that was expensive, it was needing the pressure to get the water to the homes and what had to occur off sight before the water got to the homes. Mr. Nappi asked about water and would there be enough without public water? Mr. Frank said he really felt that it would not be an issue and pointed out the number and places of wetlands on this project.

Mr. Brown asked if Phase 1 is on wells and Mr. Frank said yes. Mrs. Boxer said on the cover sheet there are no abutters listed to the northwest. Mr. Frank said they would correct that on the plan. Mr. Brown said he made a list of items that should be put on the plan and feels they can put it in as a condition of approval that these items are done. Mr. Brown said there are some things on the engineering plan, but not on the final plan. Mr. Frank said they will all be addressed and added to the plan. He thanked the Board and the Planner for finding these. Mr. Mosher said they need to address all the items on the list Mr. Brown had provided. Mr. Mosher said all the conditions he has listed, are on the plan already, and Mr. Frank said they will be tweaked to what the Board wants.

Mrs. Boxer asked when the Homeowner’s Association would start paying their fees. Mr. Frank said the Association has been formed and registered with the State of Maine. Mrs. Boxer asked if they immediately started paying when they bought the house? Mr. Leavitt said they had not established any fees yet. Mr. Frank said they have to set up their own meetings with homeowners, set a Board of Directors and establish themselves. Mr. Frank said it will be the subdivision owner’s responsibility to take care of the roads, do the plowing, etc. until the Town takes over the roads. Mr. Mosher said the Homeowners association for Phase 1 went defunct in 2012.

Mr. Brown asked for a motion to find the application complete. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore. Six in favor with Mrs. Boxer abstaining. Mr. Brown asked for public comments. A homeowner asked about the 14 lots and are they part of the Phase 1? Mr. Frank said the first 14 lots were Phase 1 with a stormwater management permit being obtained. Mr. Frank said that the only change to that was that the recreation area was more defined and the open space. The homeowner asked about Homeowners Association and would this change. Mr. Leavitt said that the Phase 1 does not have the same criteria as the proposed phases. Mr. Frank said that the open space and recreation area are the only changes for Phase 1 and with the conservation easement through DEP, that land is open to the public. Mr. Mosher said that Phase 1 is not a cluster subdivision and was sure Phase 1 had their own maintenance association. Mr. Brown said it sounds like Wildlands Phase 1 stands alone. Dina Smith from 109 Natures Way asked how many lots would be built upon and Mr. Frank said 64, which is 22 less than previously approved. Mr. Brown said the Homeowners Association draft is available for people to look at.

Mrs. Kimball made a motion to approve the application, with all conditions as written in the memo and recommended by staff, seconded by Ms. Ewers. Six in favor with Mrs. Boxer first abstaining from the vote, and then changing to a “no” on the vote.

Public Hearing:

• Amendments to Standish Town Code, Chapter 181, Land Use, Regarding Medical Marijuana

Mr. Brown said this is a public hearing and Mr. Mosher said this Ordinance is in draft process. He said that part of the process is holding a public hearing before this goes back to the Town Council and before any changes are made. Mr. Mosher said this Ordinance change would limit the medical marijuana establishments to Industrial Zones. Mr. Brown asked for public comments and told the public those comments would be transferred to the Council. Mr. Mosher said this hearing is just a public hearing and no decisions would be made.

Chris Langlois spoke and said he had been trying to find a use for his warehouse and a tenant. He said he had a tenant and when he came to the Town, he was told that a medical marijuana growing facility was okay to have. He said that he has spent approximately $ 19,000 and now told that he cannot have it there after getting the go ahead from the Code Officer on August 28, 2020. He said on October 29, 2020, he received a letter from Code Enforcement telling him to stop the process as they are looking to rezone the area. Chris said at the time he received the okay to proceed with this, under Agriculture, things were okay. He said he understands the Town has many growing facilities and doesn’t know who or where they are. He said he realizes this needs to be regulated.

Samuel Matthews spoke, and he is the grower working with Chris. He said they have been very up front with the Town and a change in the Ordinance would eliminate that building completely.

Greg Dean spoke and he wanted to talk about the environmental impact. He said growing marijuana is very intensive and takes a lot of energy to do so. He said that greenhouse gases are emitted into the air and many growers purposely generate CO2. He said Colorado State Univ. has done studies and say that for indoor growing, a lot of emissions of greenhouse gases occur and indoor growing is not very green. He suggests that growing should be required outside and not allowed using artificial light.

There were no other public comments. Mrs. Boxer said that where Chris has already started the project, its tough where he has already started and is it legal to make him stop? Mr. Brown said this would be up to the Council, not the Board. Mr. Pomerleau said this is a change of use from a warehouse and would this need to come before the Planning Board?  He said he has ridden through many neighborhoods and he smells the odor all the time from growers.

Chris Langlois had a list given to him by the Town manager showing what his building can be used for and that growing comes under agriculture. Mr. Pomerleau said that usually a change of use comes before the Board and notifies abutters. Mr. Matthews said he had submitted an emissions report to the Code Officer and got no response.

Freeman Abbott spoke and said Planning Board approval is needed for a change of use and neighbors notified. He supports the Ordinance with having marijuana in Industrial districts and not in the middle of the villages. Mrs. Ewers asked if marijuana is considered agricultural? Mr. Pomerleau said that every district has a list of what can be in them and what cannot. He said the ordinances are made to protect neighbors from having a commercial business within a village or where people are living. Mr. Brown said there are 9 items in the Village District that the Code Enforcement Officer can okay.

Freeman Abbott said he is the CEO in Gorham and he does not think that marijuana comes under the agriculture classification. He said under the State of Maine definition it does, but you cannot sell it in a vegetable stand on the roadside! Mr. Brown said we do have a definition of agriculture in our standards and Mr. Pomerleau said we are not here to deliberate.

There were no other comments and Mr. Pomerleau made a motion to adjourn, seconded by Mrs. Whittemore. All in favor.