Planning Board Meeting Minutes 01-11-2016

Standish Planning Board

Meeting Minutes

January 11, 2016

The meeting was called to order by Chair Carol Billington at 7:00pm. Present were Amanda Martin, Brian Libby, Alta Harding, Cindy Beckwith, Bud Benson, Town Planner and Jackie Dyer, secretary to the Planning Board. Absent were Adam Higgins and Mike Willette.

The first item on the agenda was the approval of the December 07, 2015 meeting minutes. Mrs. Billington said all of the Board had received an email from the secretary that there was a mistake in the minutes that she had corrected. Mrs. Dyer told the Board that the mistake was on the last page and read the corrected sentence. Mrs. Harding made a motion to accept the minutes as corrected, seconded by Mrs. Beckwith. All in favor.

Acres of Wildlife, Peq. Trail, Map 11, Lots 1-4, Site Plan Review

Mr. Benson said that he had received an email that this application was requested to be tabled once again. He said the Board has received a lot of information, but there are still issues that need to be resolved. He felt this was best and he felt the issues were something they could deal with. Mrs. Billington asked if they needed another workshop and Mr. Benson said he didn’t feel it was necessary. Mr. Libby made a motion seconded by Mrs. Harding to table this application to next month. All in favor.

Karl Jacobson, 44 Maine Avenue, Map 48, Lot 25   Shoreland Zoning Application

Karl Jacobson was present to represent himself. He gave a brief over view as to what he is attempting to do. He said he wants to tear down the existing structure and build a new one. He said it is 1960 feet of structure built in 1942. He is proposing to rebuild the camp with a 2100 square foot structure. This would be a single family residence, a 7% increase in square footage, moving the camp back from the existing footprint as far as it can go. He said the movement will be 52% more away from the lake back to the existing septic system as far as they can go.

He said they have removed a large portion of asphalt driveway. They have removed two trees as needed on the lot. He feels this is not a large impact on the tree canopy. He said the lot is very flat that goes towards the lake. They have very little erosion and have a retaining wall. They did change the design of the septic field, as they are adding an additional bedroom to the structure. He said this will be built on a slab and they will have all of their plans in place.

Mrs. Billington wanted to know the net calculation as to how far they have actually moved back. Mr. Jacobson said it would be 772 square feet better away from the lake. He said on a linear basis, this would be different. He said it was 121 and now its 110 feet. Mrs. Billington said they did do the site walk and then a workshop. She asked about any improvements to the storm water runoff because of the road changes. Mr. Jacobson said the road association did improvements to the road and that drastically reduced the amount of water he has running off towards the lake. He said they had put a culvert in and this is where the bulk of the water is now going and not coming down under his camp.

Mrs. Beckwith asked about what kind of vegetation he would use. He said maybe some wild blueberries, a rain garden and some low shrubbery. He said he would like to keep it native as much as possible. Mrs. Billington said that she has looked all of the standards over and feels that there is nothing in them that would keep this application from being approved. Mrs. Harding said she came up with 4 lineal feet gain from the lake in her calculations. She said she feels that he has met all of the standards in moving this back.

Mr. Libby made a motion that the application is complete, seconded by Mrs. Beckwith. All in favor. Mrs. Billington said she feels that this has been moved back to the maximum practical extent. Mrs. Harding asked if this would be a year round residence, and Mr.Jacobson replied no, but it was going to be winterized. Mr. Libby said he feels that all of the conditions and standards have been met. Mr. Benson said the CEO will get the final details of the structure, the vegetation plan, etc.

Mr. Libby made a motion to approve this application seconded by Mrs. Beckwith. All in favor.

St. Joseph’s College, 278 White’s Bridge Road, Map 20, Lot 7,7B,8,9  Site Plan Application for proposed Westerlea Way athletic complex

Jim Seymour from Sebago Technics was present to represent the applicant.  He gave an overview of what they are trying to accomplish with this application. Diane Morabito from DOT traffic and engineering was introduced by him. He said they have done the revisions and changes that were asked of them in the workshop. The plan he presented tonight was color coded so people could see what phases were which (phase one and phase two).

He said between the two proposed fields there would be parking for both of them.  He said they have done a storm water proposal and that will be sent to DEP. He said they are under what they need to be as far as water be exported into the lake.

He said they will be making many improvements on Westerlea Way.   He said that the new utilities will be underground and they will be widening the road to 22 feet, from Westerlea Way to the White’s Bridge Road. He said there will also be a lot of signage for the residents that live on the end of the road. The utilities that will serve the proposed complex will come off from what the college has now. That includes the sewerage disposal and water. He said the fire department had asked them for a fire hydrant and they have put that on the plan as well. He said there is a hydrant nearby, but the department wanted one closer to the complex and also to the residents at the end of the road.

He said there will be a turnaround near the complex allowing for buses and cars to drop people off. They would be opening an access from the Alfond complex and they would be able to use this as a secondary access for emergency vehicles as well as over flow traffic. He said the road is 16 feet now and will be brought up to 22 feet with curbs, sidewalks, crossing and a speed table to slow traffic down. This 22 foot wide road will be closer to the parking lot and be able to handle more traffic adequately. Both sides of the road will be no parking zones with signage indicating this. He said the orientation of the speed table will be at a 90 degree angle. They have done a lot of traffic review and have worked closely with the peer group to get a good flow of traffic. He said there will be two exits, one on Westerlea Way and then the other traffic will exit through the campus.

He said there will be some clearing of trees and branches to provide more access for better sign distance on the roads. The first parking lot would be for 87 spaces and with about 300 people in the grandstands. This is part of phase one. Phase two would be 187 parking spaces with the capacity of almost 700 people in the grandstands. He said that would be when the grandstands were fully built. They would provide over 200 spaces for parking but have provided well over what is needed. Mrs. Billington asked about seating and Mr. Seymour said he knows it is very confusing where it is being done in phases. He said that Westerlea Way is a right of way over the college property for residents that live there to use the road. He said they will be clearing some large trees and they will be planting some new trees for buffering and also for privacy for the residents nearby.

He went on to say that all of the fields would have lights. He said they have state of the art lighting that are foot candles and don’t have much over run onto someone else’s property. They are keeping a 75 foot buffer between the properties and don’t expect any overrun onto any residents property. They have added a split rail fence to the property to help people stay on the side walk and off from someone else’s property. There are some trees that need to be pruned back so to enable for more sight distance. Mr. Benson said they have been working with a traffic engineer and he hadn’t heard from him yet.

Roland Mercier, a direct abutter to the college spoke. He said he has two major concerns and after listening he said the number of parking spots is increasing from what it was at the workshop. He said it looks like they have moved it and kept the 200 they have described. He said that the number of fans has grown now from 600 to 700.He said he will be driving on this road daily and he cannot understand how the road can handle 200 cars at one time. He said that with 600 people showing up in 200 cars, he wonders how the traffic influx on Westerlea Way will work. He said these fans will be everywhere and this will be a night mare. He said he went to the movies over the weekend and he counted 200 spaces. He said if everyone left at the same time, Route 302 is prepared for it, but Westerlea Way is not.

He said he feels the traffic can be handled going in but not out. He said he and the other neighbors have suggested that the traffic go out through the main campus and let them handle it. He said he feels the college will embark on a clear cutting and he is very concerned that the College will fall short of raising their millions of dollars needed. He said with clear cutting they are going to be looking at cords of wood and piles that are just sitting there. He said the College should be subject to having the funds available before they can do this project. He said the College will be asking their alumnae and neighbors for money and donations and he wonders how successful they will be. He said he doesn’t want to see fields of open space with nothing finished.

Mrs. Martin said they went over the cutting that would happen in phases at the workshop. She said she understood that the cutting would take place as an as needed basis. Mrs. Billington said that the College has land owner rights and cannot be told what they can cut and what they can’t and how much at one time. She said there is nothing in the ordinances that says they can’t clear cut and Mr. Libby said they can cut what they want to. Mrs. Harding said they do have to prove what their financial capability is and this is asked on the application. She said the College hasn’t secured those monies and they did discuss this in the workshop. She said she was also concerned about the clear cutting and whether or not they can complete the project.

Mr. Benson said that there is a standard requiring buffering and any condition of approval added would have to be based on their ordinances. Dana Lampron said he realizes that they have rights and when the application is under review, they have no right to clear cut. He said he was told to stop when his application was before the Board and they shouldn’t be allowed to cut anything at all.  He said clear cutting stops when it’s under review. He said that when any plan comes before the Board they are supposed to show their finances are there before they start a project. Mr. Lampron went on to say that he doesn’t see anywhere on the plan where this will be done in phases. He said there is nothing on there saying phase one or phase two. Mrs. Billington said this plan is color coded and that was discussed before at the workshop and is very clear to her.  Mr. Libby said that any testimony given on the microphone is as good as written. Mr. Lampron asked about the traffic study. He said there are five houses on the road and he knows this use is permitted in the zone. He said this will be like putting in a shopping center and he said there are cars everywhere. He said this is a small subdivision, but 200 cars is 200 cars on this small road. He said they only have one way in and one way out. He hopes the Board will give them some consideration as far as their road. He said there is no way 200 cars can stack on Westerlea Way. He said there is a second curb cut and the left turn is a problem. He said they now have two entrances and one exit.

Mrs. Billington said they have a study in their packets that was done by a peer review for traffic and how it would flow. This was requested by the Town. She said she thinks another workshop would be good and there are several things that are unknown as to what will happen. She said there is another exit on the plan through the college, so there will not be any 200 cars at one time coming out onto Westerlea Way. She said that the Board needs to agree for another workshop, but she wonders what they have for the next meeting that will be agreed upon. Mr. Lampron said he had spoken to Mr. Benson and there was a left turning lane onto the road. Mr. Benson said that it a possibility. Mr. Lampron said he doesn’t always believe what the engineering studies say and that he wouldn’t base all of his money on what the study says as a lot of the time he does not agree.  He said there are traffic issues already and this will create further problems. Mr. Lampron said they fly on that road and it is hard to see if you are going to turn left. He said this is not a good entrance or exit point and why does the college insist on using Westerlea Way?

Jim Seymour said that the phasing on the plan is color coded. He said the college did agree to clear cut no more than what is necessary for each phase. He said if they do have another workshop, they will go over how the signage will be used, how flaggers will be used and how information can be shared, so when there is an event, people can be notified and be able to plan around it.

Diane Morabito spoke. She did the traffic impact study and they did the study with 206 vehicles entering and exiting. She said they were asked to evaluate 233 vehicles. She said that Westerlea Way was the place where all the vehicles could be accommodated and there were no major backups or concerns. They are planning on having flaggers present at different events and directing traffic to exit through both the college and Westerlea Way. She said the primary reason they can exit both places is because White’s Bridge Road is not a heavily used road with traffic. It might have up to a maximum of 3000 cars per day, but can handle that adequately. The cars leaving the college wouldn’t be exiting at the peak of the day, mostly around 6pm at night or after. Mr. Libby said he feels the flaggers are a key to the situation with the traffic being split two ways.

Mrs. Martin asked about the traffic exiting. Mrs. Morabito said it depended on the back up of the traffic as to which way they would exit. Mrs. Billington asked if the facilities are going to be used by any other than the college. Brian Curtin, Athletic Director from the College spoke. He said there is discussion about events that are largely attended. He said there are a couple, one of them being the MPA track meet and the other MPA baseball/softball contests. He said they have multiple ways of handling traffic by using the flaggers and other. He said they are the larger events. He said they host 44 events in a college year from September to May. He said that about 35% of those present are students and usually 30 to 40 cars come to campus for these games. He said the extra cars are from opposing team fans, other students and parents. They are very familiar with large events and feel with the current plan in draft, they would be able to handle that load.

Mr. Benson asked when they thought the plan would be done. Mr. Seymour said he felt the plan could be in as early as the end of the week. When the plan was originally submitted the original parking was 244 and they have cut back on that by 100.He said he just needed to clarify that. Mr. Lampron asked about the plan and having clarity. Mrs. Harding asked if any of the residents witnessed any events at the college. Mr. Lampron said they deal with the soccer field there now. He said they make it seem easy and he doesn’t see it. He said none of the traffic now has access to Westerlea Way and if this happens, they will. He says that 200 cars is a lot and won’t be able to be stacked. He referred to the cars on Route 25 at Dunkin Donuts and how they have no place to go if they can’t get out to the road and leave. He said there is always a back of cars coming in and also leaving.

Mrs. Harding asked if they had seen these events and Mr. Lampron said he had never seen a flagger used at the College or on White’s Bridge Road. She said she feels they are panicking and with no reason to. She said she wondered how many spaces were at Hannaford and she has never been in that parking lot and seen it full. She said she seldom sees any parking lot in Town full. Mr. Lampron said if they use the exit on the college, they will never have a problem on Westerlea Way. Mrs. Billington said if all of the cars cross the campus, which is pedestrian friendly, would be a real hazard.

Mr. Benson asked Mrs. Morabito if he was correct in hearing that if all 200 cars left in 15 minutes would they be able to exit. If half use the campus and half use Westerlea Way, Dana Lampron would have to wait a maximum of 22 seconds. If they all left from Westerlea Way, it might cause a wait time of 7 minutes or less. She said the traffic study shows they would all flow out and not cause a major traffic jam. Mrs. Morabito said that with the games taking place, the traffic would flow fine without any backups at all because it is off from peak hours.

Mrs. Billington said they are still gathering information and she feels they cannot find the application complete. Mr. Libby said if they are coming forward with a plan before the next meeting, they should be able to go over it with the abutters before then. The workshop will be held on January 25th, 2016 at 7:00pm. Mr. Seymour said the College would be good with a work shop and he feels this would help to expedite the application.

Mr. Benson asked about the signage on the plan. Mr. Seymour went over what they had done. They have put a sign at every crossing and also MPH signs, trail signs, no parking signs, posted speed limits, pedestrian rules and also rules about no alcohol, no loitering and also no littering. He said there will be signs all over the place and one that says turn around and go no further as this would be private property owned by the residents on the end of the road.

The workshop will be held on January 25, 2016 and the public is invited. Mr. Benson said all of this information will be before the February meeting and Mr. Seymour said they will have this plan in by the end of the week showing all of the changes.

New Business:

Paul Irish, 431 Northeast Road, Map 40, Lot 20- Site Plan Application for an Accessory Apartment

Paul Irish was present to represent himself. He wants to add an accessory apartment at his residence for his oldest daughter and her husband. He said that he and his wife are getting older and at some point may need some help in being taken care of. He said they currently have a two bedroom apartment on the second floor that is rented and this helps them to pay the taxes and keep up with the building.

Mr. Benson said that they are in the SLV-fringe district. They are not proposing any new building just putting the accessory apartment in the already attached barn. He said they have made a parking table around the back of the barn. They cannot use parking at the side because of the set backs away from the abutting neighbor’s property. He said that there is a requirement for a sidewalk, but they would like that waived as it would cause a financial hardship. He said there is a sprinkler system requirement, but Mr. Irish is working with the fire department and also the Fire Marshall to see what they need.

Mrs. Billington asked what can we do with the sidewalk. Mr. Irish said it would come from nowhere and go to nowhere. Mr. Libby said he feels the sidewalk is not needed and very costly. Mr. Irish said he is asking for a waiver to build the sidewalk. Mrs. Billington asked the Board, can we make a determination to waive the side walk without doing a site walk. Mr. Libby said the aerial view of the property is enough for him. Mrs. Harding asked how long Mr. Irish had lived here and he said since 1960. He said this has been a two unit for many, many years.       

The Board felt no site walk was necessary. Mrs. Harding asked about parking and Mr. Libby said this had already been addressed. Mr. Irish said there is enough parking out back to cover the tenants behind the structure. He said there is also an entrance to the house and apartment from the back behind the barn. Mrs. Harding said she was confused about the sprinkler and Mr. Benson said it will be up to the Fire Marshall as to what they have to do. Either way, they have to get approval from the Fire Marshalls office.

Mrs. Billington said she felt going through the standards would be kind of a waste of time as nothing is changing. Mrs. Harding asked about the parking and asking them to drive behind the building and park as they are getting older. Mr. Libby said the parking had to be put on paper. Mrs. Billington said that abutter notices went out and no one is opposing anything. She said that the Board is not precluding the existing use of the driveway. Mr. Benson said the driveway can go within the setback but the parking can’t and this parking is required. There is an entrance on the back already.

Mr. Irish said he and his wife can enter from the back and that’s not a worry for him or his wife. He knows that there will be people visiting from time to time and they did need extra parking. Mrs. Harding asked why a space can’t be added on the side of the building and drawn on the plan. Mr. Benson said this would cause a problem as there needs to be a way to enter and exit without blocking anything. Mr. Irish said there is no room on the side to add a parking space. Mrs. Billington said             what is needed is shown on the plan and goes with what the ordinance says. Mrs. Harding said that he understands this is a multi-unit and Mr. Libby said they can’t block the access or the entrance to get to the parking out back.

Mr. Irish said they are currently parking by the barn and also in the front of the house, without any problem. They can drive through where they are parking, but not actually park there. Mrs. Billington said this is not going to change the neighborhood in any way. Mr. Libby made a motion seconded by Mrs. Martin to find the application complete. All in favor.

Mrs. Billington said she would go quickly through the standards:

A.   The provisions for vehicular loading, unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways will not create hazards to safety nor will impose a significant burden upon public facilities.

Mr. Libby made a motion seconded by Mrs. Beckwith that Standard A has been met. All in favor.

B.   The bulk location and height of proposed buildings and structures and the proposed uses thereof will not be detrimental or will impose undue burdens on the public facilities.   NA

C.   The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development    NA

D.   The site plan adequately provides for the soil and drainage problems that the development will create.

E.   The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.

F.   The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.

G.   The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.

H.   The proposed development has made adequate provision for sewage disposal.

I.   The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.

J.   The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

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

L.   Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Form Based Code Village Districts and the Village Center District shall be compatible with a Colonial New England design. Such design can be achieved by incorporating features such as, but not limited to, broken rooflines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, and window shutters.   NA

Mr. Libby made a motion that Standards D through K have all been met, seconded by Mrs. Beckwith. All in favor.

Conditions or approval are as follows :

Per code section § 142-4 an approved sprinkler system “A system installed in accordance with National Fire Protection Association (NFPA) Standard 13 or NFPA 13D or a system otherwise lawfully approved in writing by the Maine State Fire Marshal's office; provided, however, that any such system approved by the State Fire Marshal's office shall remain subject to the Fire Chief's approval” and or a Standish Fire department an approved fire wall shall be constructed between the proposed unit and existing units..

Per code section § 181-7.1 (D) Sebago Lake village district Standards (2) SLV Fringe (SLVF) standards require that the septic system design must be reviewed and approved by the Code Enforcement Officer.

The approval is dependent on and limited to the plan and proposals submitted by the applicant either orally or in writing. Any variation from the plans or proposals is subject to review and approval from the Planning Board, in writing, except for minor changes which the Code Enforcement Officer may approve.

Mr. Libby made a motion seconded by Mrs. Beckwith to approve the application. All in favor.

Gregory Smith, 74 Wards Cove Road, Map 50, Lot 117- Shoreland Zoning Application

Greg Smith was present to represent himself. He said he wants to demolish the 1940’s existing camp and build a new one in the same footprint. He does not have direct shorefront property but is within the Shoreland Zoning. He said the only increase is the addition of a deck on the side. Mrs. Billington said they really cannot move the camp back as the septic is right behind it, as is a tree.

Mr. Smith said the use will be the same, it will still be a vacation place and seasonal. Mrs. Billington said they usually do a site walk, but this is pretty straight forward and feels they do not need one. The rest of the Board felt the same and agreed a site walk is not necessary. Mr. Smith said that the large trees will not be disturbed. He said the eves will change a bit but not drain towards the lake, they will drain to the side. He said he still has some work to do, and knows he will meet with the CEO.

Mr. Smith said they have no exterior deck right now, so some living space will be turned into a deck. He has started putting a vegetation plan together and will meet with the CEO.

Mr. Libby made a motion seconded by Mrs. Harding to find the application complete. All in favor.

Mr. Libby made a motion seconded by Mrs. Harding to approve the application. All in favor.

The following are the conditions of approval:

Per standards found in 237-12 C (1) b the Planning Board approval of this site plan is limited to structure setbacks to the maximum practical extent. Existing house with 90 ft. scaled setback from normal high water to be torn down and replaced with a new structure with 90’ setback. As shown on Proposed Condition Site Plan Smith Property prepared by CAD Master Drafting, Land Surveying & Septic Designs, with PLS stamp #2295 by George Bouchles, project for Gregg Smiths property at 74 Wards Cove Road dated 12/18/15.

The following plans and calculations must be submitted by the applicant and approved by the Code Enforcement Officer before permits are issued:

Structure expansion calculations per § 237-12 C. (1) (a)& (b), reconstruction

 Maximum percent impervious lot coverage not to exceed existing per standards found in § 237-15 B.(4),

 Stormwater design to reduce runoff and encourage infiltration per standards found in § 237-15 J.(1),

 Erosion & sediment control plan per standards found in § 237-15 Q.

Clearing and a re-vegetation plan (include plantings on the lake side of the property) per § 237-15 P. (2) (a)

Per standards found in § 237-15  B (3) , because his project is not over 100 ft. from the Lake thus the applicant must submit house plans under the height restriction of 25 ft. or height of existing structure restriction for that portion of the building within the 100 ft. setback for review and approval by the CEO.

This approval and any permits issued under this approval shall lapse and become void unless the start of construction or operation as defined in §  237-16. Administration. F “Expiration of permit.” A permit of the Zoning Ordinance begins within one year from the date of the CEO approval. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.

Plans approved by the Town CEO for expansions under this subsection § 237-15 B must be filed in the registry of deeds of the county in which the property is located within 90 days of approval.

The approval is dependent on and limited to the plan and proposals submitted by the applicant either orally or in writing. Any variation from the plans or proposals is subject to review and approval from the Planning Board, in writing, except for minor changes which the Code Enforcement Officer may approve.

Meeting adjourned at 8:57pm