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Standish Planning Board Meeting Minutes

Meeting date: 
Monday, June 7, 2021

Standish Planning Board

Meeting Minutes

June 07, 2021

 

 

 

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown at 6:02pm. Present were Cheryl Kimball, Erika Ewers, Jolene Whittemore, Phil Pomerleau, Deb Boxer, Frank Nappi, Town Planner Scott Hastings and Jackie Dyer, Admin. to Planning and the Planning Board.

 

Open Meeting

           a.        Call to order-Chairman Charles Brown

           b.       Opening Statement from Planning Board Chairman

           c.        Declaration of a Quorum-5 to start, two came in after meeting was started.

 

Approval of Meeting Minutes from May 03,2021

 

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

 

Approval of Finding of Fact:

 

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

 

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

 

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

Mrs. Boxer asked about the final plans and did JoJo’s have everything on the plan that needs to be and would need to be recorded in sixty days. Mr. Hastings told her that they did have everything they need on the plan, and it would be recorded.

 

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

 

New Business:

 

  • Brian Shaw-DBA Shaw Earthworks, Map 5, Lot 70 and Map 9, Lot 11-5-year gravel pit renewal with an expansion

 

Brian Shaw was present to represent himself and his brother Brad. Brian said they are here to seek approval for their five-year renewal and an expansion of the already existing gravel pit at 333 Pequawket Trail. He said they have been operating the pit for five years. He said they bought 55 acres behind their existing pit further away from Rt.113 and Watchic Lake. He said they are hoping to keep the 29 acres open they have now and open more going further back into the new property back towards Middle Road. Brian said their hours are going to stay the same and they are not expecting any increase in the sales of materials but are pretty much stockpiling and making sure they have enough ahead for the future.

 

Brian showed where the 55 acres they have purchased are and they are proposing to get into 20.8 and they would only open into that as they reclaim what has been opened already. Brian said they are only proposing to have 29 acres open at any given time and this is what they have had all along.  Brian said they should not need any change in their letter of credit as there will be the same amount open. He said they have engineered plans that show the pit, and the drainage is not a problem. Brian said that basically nothing has changed within the pit except they now own more land. He said there are not any adverse impacts to Page Brook and the pit internally drains. Brian said DEP has been happy with what they have presented them with.

 

Brian said they have had wetland delineations done and they are 250 feet away from the vernal pool. He said they will not be filling in any wetlands at all. Mr. Brown said that these wetlands are shown on Sheet G4 for Board members. Mr. Brown asked Mr. Hastings if he needed to add anything. He said the plan is pretty straight forward and they have info that DEP has sent and also from Cumberland County Soil and Water showing everything is ready to go. He said they have addressed everything and all of the annual inspections have been done as well.

 

Mr. Pomerleau asked if hours of operations will stay the same as they have been and Mr. Shaw said yes. Mr. Pomerleau asked if there would be any increases in truck traffic and Mr. Shaw said very little. He said they have no idea to buy any more trucks right now and they are back further from the neighbors and Watchic Lake. Mike Delcourt asked about being close to houses and all of the complaints from neighbors. Mike had the wrong pit as he was speaking about the Gorham Sand & Gravel Pit on Rt. 114(Fort Hill Road).

 

There were no other public comments. Deb Boxer asked about how many acres they would have open, and Brian said 29 at time would be open. He said that a big part of the land is forested. Ms. Boxer asked if they would reclaim it to forest and Mr. Shaw said it’s been pretty well cut off before they bought it. Brian said they didn’t want to clear any more than they need to. Ms. Boxer asked about putting reclamation language into the Conditions of Approval from 490 D -Performance Standards for Reclamation. She read some of the content and said it’s a rule from water and navigation permit standards for gravel pits. She said you have to follow state laws. Brian said that they deal with DEP and the application was approved by DEP. Ms. Boxer asked if this could be in the conditions. Mrs. Whittemore said that she feels that if they have been approved by DEP already, they answer to them. She said with the Town in the middle, they have no control, just DEP. Mr. Hastings said the applicant has submitted a full reclamation plan and he recommends going with what’s before them. Ms. Boxer made a motion to add this section (490D Performance Standards for Reclamation) to the conditions, there was no second, the motion failed.

 

Ms. Ewers said she was looking at the hours of operation and they looked different from the plan submitted. Brian said he had originally asked for extra hours, but they decided not to increase them. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore to find the application complete. All in favor. A motion was made by Mrs. Whittemore and seconded by Mrs. Kimball to approve the application. All in favor with the following conditions of approval:

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the gravel pit renewal site plan and expansion application submitted by Shaw Earthworks for the property at 333 Pequawket Road in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-16, and all other relevant standards of the zoning ordinance. With the conditions as listed: “

 

 

V. CONDITIONS –

 

  1. All work shall be in conformance with the materials and plan submitted.
  2. All conditions of previous approvals are included in this approval and remain in effect.  Including but not limited to the following:
    1. The limits of excavation for pits 1, 2 and 3 are shown on the approved plans but in no case shall the excavation in pit 1 be less than a minimum of one foot above the seasonal high-water table and in no case shall the excavation in pits 2 and 3 be less than five feet above the seasonal high-water table.  
    2. Excavation shall not extend closer to the seasonal high-water table than allowed by DEP regulations.  If standing water already exists in an existing excavated area at a depth of 6” or more and remains there for more than a week then no further excavation which will increase the amount of standing water shall occur. The applicant shall inform the CEO and Planner who will determine if the site is substantially in compliance or is in default and must return to the Planning Board who may request additional information to ensure compliance with this provision.
    3. A minimum of three steel cased monitoring wells with lockable caps will be installed within the pit floor of each pit with one additional well per 5 acres of open pit.  A minimum of three of these wells must reach into the water table to determine a plan surface. Well depth will reach a minimum of 17 feet below the pit floor in that area or 5 feet into the ground water table whichever is less. These new monitoring wells shall be installed around the proposed toe of the slope as shown on the grading plan.
    4. Seasonal high water within all monitoring wells should be observed and reported by a registered professional engineer, geologist, or by the applicant. Annual records of the seasonal high water table elevation shall be kept by the applicant and submitted to the town prior to the annual pit CEO review.  This monitoring well report must be certified each spring for the seasonal high water table elevations for the existing monitoring wells and all new wells.  All groundwater level data shall be submitted to the Town and MDEP by April 30th of each year.
    5. The integrity of the monitoring wells shall be maintained during excavation activity. Any well damaged or removed shall be replaced within 30 days of such damage or removal.  The location of the replacement well shall be in the same general vicinity as the damaged or removed well.
    6. The applicant must provide the town a copy of the MDEP inspection report prior to the annual CEO review if one has been received in the previous year.
    7. In no case shall the total area needing reclamation exceed 29 acres.  This includes the working pit and associated on site non-vegetated storage areas, roads, and stockpiles.
    8. Adequate loam material shall be retained on site to reclaim the pit to grades shown on the reclamation plan. Topsoil shall not be removed from the sire but shall be retained on site for reclamation.
    9. Crushing is not to exceed 75 decibels at the property boundaries.
    10. No parking of trucks along Pequawket Road while waiting for the gate to open. The hours of operation will be Monday through Thursday 7:00am to 6:00pm with no crushing after 5:00pm. On Friday and Saturday, the hours of operation will be from 7:00am to 5:00pm there will be no operation on Sundays and no crushing of any materials on weekends.
    11. There will be no blasting for mineral extraction within the pit without a town approved blasting permit.
    12. Blaze property lines shall be created along property lines within 200 feet of all pits.
    13. Loaming and seeding must be established for a minimum of 18 months.

In addition to any specific erosion control measures described in the plans, the applicant shall take all necessary actions to ensure that their activities or those of their agents do not result in noticeable erosion of soils of fugitive dust emissions on the site during the construction and operation of the project.

  • There will be no crushing in pit 1 except for areas that retain a minimum of 5 feet separation from the water table.  There will be no stockpiling of offsite materials within 500 feet of any property line.
  • There will be no crushing in pit 1 except for areas that retain a minimum of 5 feet separation from the water table.  There will be no stockpiling of offsite materials within 500 feet of any property line.
  1. This approval shall expire on June 30th, 2026, unless renewed by this board.
  2. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant or applicant’s agent (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

 

 

  • Paul Thompson, DBA Thompson Automotive, Oak Hill Road-3000-foot addition to already existing automotive garage.

 

Nicholas Thompson was present to represent the applicant. He said that they want to expand the already existing business with an addition and added space for an office and sales. Nick went over what they would like to do as far as expanding. He showed the existing garage with two bays and what they are proposing to add. Mr. Brown asked Mr. Hastings if he would like to add anything. He said this is a difficult part of Town with the form-based code and they are trying to stay in conformance as much as they can with the codes. He said he feels everything is complete, minus two contours that need to be added and a couple of minor waivers they need to approve. Mr. Hastings said he put everything into his memo that he feels the Board needs to grant approval. He said given the design and use, he encourages the Board to grant approval.

 

Mr. Pomerleau said that Paul Thompson keeps the buildings and surrounds immaculate, and he leased from him for a few years. He said that this is exactly what Standish is looking for. Mr. Brown asked about the new septic design and Mr. Thompson said they want to keep that on file if the existing one fails. Ms. Ewers asked if the new addition would be one or two stories and Mr. Thompson said one story. He said the existing building would be demolished. There were no public comments.

 

Mr. Brown said the first item to act on is the waiver about the two-foot contours(181-71-D). Ms. Boxer made a motion seconded by Mr. Nappi to waive the two-foot contours. All in favor. A motion was made by Mrs. Whittemore to find the application complete as presented, this was seconded by Ms. Boxer. All in favor. Mr. Hastings said the other waiver is concerning street frontage and with the design and proposed use of the building, that waiver makes sense. Ms. Boxer made a motion seconded by Ms. Ewers to grant this waiver (181-7.1C.2. B.2.f.2). All in favor. Mr. Brown said that Mr. Hastings had already mentioned concealed lighting sources. Mr. Brown read the following:

 

V. CONDITIONS –

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the site plan application submitted by Paul Thompson for the property at 14 Oak Hill Road in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-7.1, and all other relevant standards of the zoning ordinance. With the following conditions: “

 

 

  1. All work shall be in conformance with materials and plan submitted by Paul Thompson which consists of a site plan and supporting application materials.

2   Best practices for erosion control shall be employed during construction and until  such time

  1. All new exterior lighting shall be concealed source/full cutoff as required by §181-7.1. C.2.j.2 and §181-18 of the Land Use Ordinance.
  2. This approval shall lapse and become void unless the start of construction or operation as defined in §181-70.1. A which reads: “Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, § 181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.”
  3. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant or applicant’s agent (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

 

Mr. Pomerleau made a motion seconded by Ms. Boxer to approve the application. All in favor.

 

 

  • Shaw Brothers, DBA S. B. Freeport,1017 Chadbourne Road, Map 20, Lot 58-2 and Lot 57A-5-year gravel pit renewal

 

Dan Shaw was present Shaw Brothers as well as Parker Brown. He said they are here for their 5-year gravel pit renewal. He said there is nothing new within the pit, but they have made a deal with Mike Phinney to buy 100 feet of their own setbacks reducing it to 50 feet. They are going to keep the buffer strip the same for the next 9 years and when they do cut it after that, they would have six years to reclaim it. He said they would not be up against the Grondin property for a long time.

 

Mr. Hastings said that everything seems to be in order. He said there are no violations of any type, and all monitoring reports are up to date. Mr. Brown said the Phinney parcel is along Middle Jam Road. He said a good part of that is part of the old Grondin pit, which is now owned by Shaw Brothers. Ms. Boxer asked if this was approved by DEP and Mr. Shaw told her there is one permit only and that is when they approved the gravel pit in the beginning. He said you do not apply to DEP every year. Mr. Shaw said DEP does annual inspections, you do not have to notify abutters every time you do a renewal. He said some towns have 2–3-year renewals and a lot of towns mirror DEP. He said they are under the permit by rule and are all up to date.

 

Ms. Boxer said the State should either get rid of their laws or enforce them. Mr. Pomerleau asked about the Phinney land and Mr. Shaw said he thought they were going to keep it and take firewood from it. He said that they had sold some lots but were done. Mr. Shaw said they have about a thousand feet along the pit that they abut with Phinney’s. Ms. Boxer asked what they have so much open, and Mr. Shaw said they have many different stockpiles for many projects like the jetport and others that are large scale. He said when the pit is done, they have all they need to do the reclamation. Ms. Boxer asked if they had done any reclamation and Mr. Shaw said very little.

 

Ms. Boxer asked if the Town has a letter from DEP’s permit by rule. Mr. Hastings said that this is a five-year renewal, and nothing has changed. Brian Libby spoke and said he is an abutter to the pit. He said they are great neighbors. Mr. Brown asked about compliance letters and Mr. Shaw said they get them from DEP and their yearly inspection report done by the Town. He said they can send copies to the Town.

 

Mrs. Pomerleau made a motion seconded by Mrs. Whittemore to find the application complete. All in favor. Mrs. Whittemore made a motion seconded by Ms. Ewers to approve the application. All in favor.

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the gravel pit renewal site plan application submitted by Shaw Brothers Construction, Inc. for the property at 1017 Chadbourne Road in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-16, and all other relevant standards of the zoning ordinance. With the following conditions: “

 

V. CONDITIONS –

 

  1.  All work shall be in conformance with the materials and plan submitted.
  2.  All conditions of previous approvals are included in this approval and remain in effect.
  3. This approval shall expire on June 30th, 2026, unless renewed by this board.
  4. This approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed by the applicant or applicant’s agent (either orally or in writing) and that any variation from the plans, proposals, and supporting documents are subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.
  5. The applicant will provide Town staff with copies of Maine DEP Bureau of Mining reports.

 

 

  • Brandon & Heidi Watson, 918 Richville Rd., Map 16, Lot 7-Home Occupation 3 with retail sales (Watson Farm Christmas Trees)

 

Heidi and Brandon Watson were both present to represent themselves. Heidi said they are here tonight as they started planting in 2017 and have been selling trees, they have brought in. She said eventually they will be a chose and cut Christmas tree farm. They do the sales from their front lawn. They are looking for a retail approval so they can sell precut trees from around the State. She said they have a parking area on the side of the driveway and there is no parking on the road.

 

Mr. Hastings said that the planting of the trees is an agricultural use, and they are also extracting some gravel, which is a separate issue. He said this application is in order and he sees no issues with it. He said there are two letters from abutters and Mrs. Dyer passed those out tonight. Scott said the applicants have been working with Code Enforcement and probably will be back before the Board at some time. He said that he does not feel that there are any issues. The sales area is set back from the road and not a distraction to other drivers.

 

Ms. Boxer asked if you could see this from the railroad tracks and Heidi said yes. Mr. Nappi asked about parking and is there a place for customers to turn around and not back onto the road. Heidi said the parking is back by the wood line and there is a place for people to turn and drive back to the road. She said she feels there is enough parking for 8 to 10 cars and room enough to turn around. Heidi said the road is a passing zone and the speed limit is 55mph. Brandon showed where the parking is on the property and its 40 feet from the road. He showed where all the Christmas trees are when they are open and stood up. Brandon also showed the area where the 2000 Christmas trees are planted.

 

Mr. Pomerleau said he had a problem with the site plan as there are no measurements on anything. He said they need to show a drawing to scale and the designated parking spaces and turn around. He said that he feels this is a great business and has no problem with it, but for him to approve an application like this, they need to provide a better site plan. He said speaking for himself and putting something like this into the file does not help. Mr. Hastings said the Home Occ.3 does not require a full site plan and Mr. Pomerleau said he disagrees with it in a residential and high-speed area. Mr. Hastings said that they can work with him on a scaled plan if that is what the Board required. Mrs. Whittemore asked about Pine Root Farm and did they have a scaled plan. Mrs. Dyer said that she had a hand drawn plan with designated parking spaces and measurements from the road. Mr. Brown asked if we needed a full drawn and engineered site plan or can they work with staff and do their own by using an aerial photo at scale.

 

Heidi said they have 36 acres and what do they need. Mr. Brown and Mr. Pomerleau both said that just where their house is, and the sales are happening. Heidi and Brandon said they would work with Mr. Hastings on this. Mr. Brown mentioned that we had a letter with concerns from the Bove’s, an abutter. He asked Brandon where the Bowe’s live in reference to his land. Ms. Boxer asked if they had cleared all 36 acres of their land and Heidi said about 10 acres and that is their goal. Mr. Brown asked if a copy of the present plan to scale and Mr. Hastings said yes. Mr. Hastings asked the Board if they needed to see a finished copy of the plan to vote on this tonight? Mrs. Whittemore said she was very comfortable leaving it in staff’s hands so that we remain consistent. Mr. Hastings said he was comfortable working with them on a better site plan and Mr. Pomerleau agreed. He asked about 14 parking spaces and Mr. Hastings said they had brought that down to 8 to 10, which they would have on the final and updated site plan.

 

Heidi said that they open after Thanksgiving and will stay open until all their trees are sold. She said when they have choose and cut, they will sell out quicker as they will only have so many trees to sell per year. Mr. Brown asked about the large sand pit the Bowe’s are inquiring about. Mr. Hastings said it has nothing to do with the application tonight. Brandon said they are extracting some gravel and there is one loader and one truck. They are not over the allowed 1000 yards of gravel they are allowed and are away from the pond. Ms. Boxer said she thought they were too close to the pond.

Heidi said when they do choose and cut, they will have their own 4 wheelers to bring the trees up to the parking area. She said they will only spray pesticides if necessary. She said there are no plans for any future buildings.

 

She said they might allow people to come in the Winter to snowshoe and enjoy the land. Heidi said Mrs. Bove uses their land to walk on.  Mr. Brown asked if the Board had any other questions and how do they move forward. Does the Board want to work with what they have and let staff handle this or have them come back? Mr. Brown said that there will be new Board members. Mr. Pomerleau said that he would be comfortable with an updated site plan and Ms. Boxer agreed. Mr. Brown said that would be fine with him also. Heidi said she typically orders her trees in June so she would appreciate an approval and will work with Mr. Hastings on a scale site plan. Mr. Brown said a waiver would need to be done on a boundary survey.

 

Mr. Brown said the first item would be a waiver on the two-foot contours. Ms. Boxer made a motion to waive those and seconded by Mr. Pomerleau. All in favor. Mr. Hastings said a boundary survey is not needed, no easements, no building envelopes, utilities, etc. Heidi said they do have lights at night when they are open. A motion was made by Mr. Pomerleau and seconded by Mrs. Whittemore to find the application complete. All in favor. A motion was made by Mr. Nappi and seconded by Mr. Brown to approve the application. All in favor. Mr. Brown read the following:

 

 

 

 “Move that the Board grant approval under the provisions of the Standish Land Use code for the home occupation and home retail sales application submitted by Heidi and Brandon Watson for the property at 918 Richville Road in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-35, and all other relevant standards of the zoning ordinance. With the following conditions: “

 

V. CONDITIONS –

 

1.    Approval is for seasonal retail sales with no new structures.  The board must approve any expansion requiring new structures or multi-season sales.

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

3. A scaled plan is to be put in the file designating parking spaces and the circulation of vehicles. The final number of parking spaces will be designated on the plan.

 

The meeting was adjourned at 7:30pm.