Standish Planning Board Cont'd Meeting Minutes
Standish Planning Board
Meeting Minutes
Continued Meeting
11-19-2018
The meeting was called to order by Chairman Adam Higgins. Present were Charlie Brown, Pat Knight, Jolene Whittemore, Roland Cloutier, Bud Benson Town Planner and Jackie Dyer, Admin. To the Town Planner and Planning Board. Absent was Deb Boxer.
Open Meeting
a. Call to order
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum (5 present)
Hearings:
a. Old Business:
Item #1 Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4 -Site Plan Application
Mr. Higgins said that we were going to go through A through K for the Standards of Approval. Mr. Cloutier offered to read through the items as follows:
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.
FINDING: WITH THE FOLOWING CONDITION OF APPROVAL THE APPLICATION WILL MEET THIS STANDARD.
3). Per 181-73 standards “A (traffic burden) & G (site access for)” the access road into the campground is inadequate for year-round use by emergency vehicles and thus the operational season for the campground shall be open only from April 1 to October 31 of any year. From November 1 to March 31 of the succeeding year, operators shall vacate all customers and shall close water and electrical systems for the winter months. Time of operation: Except for storage of unoccupied recreational vehicles, campgrounds shall be open, and campsites occupied only from April 1 to October 31 of any calendar year. **** NOT APPROVED*****
4) Unless the Fire Dept. requires fire lanes in specific areas all other internal roadways leading to structures in the campground shall be classified as driveways. Roads designated for one-way traffic shall be a minimum of ten feet width. The private road within the campground leading to the three cabins shall be designed for two-way travel and shall be maintained to a minimum of 16 feet wide built to two lot private way standards.*****NOT APPROVED*****
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.
FINDING: WITH THE FOLOWING CONDITION OF APPROVAL THE APPLICATION WILL MEET THIS STANDARD.
5) It shall be the burden of the campground owners to report personal property stored on this property. It shall be the responsibility of the campground owner to file a complete list of all recreational vehicles that do not have active registrations, with owner’s name and addresses and any additions which are located stored in the campground in the current year. Such list shall be filed with the Standish Tax Assessor no later than March 15th, of each year.
6). Signage stating, “No cooking is permitted within this rental unit”, shall be posted at all entrances to all rental units, excepting the 3 cabins and duly licensed Recreational Vehicles located on the property for less than 120 calendar days in any calendar year.,”
Per 181-73 standard “B” (building not impose burden public facility) the definition of campground (overnight camping) and state subdivision regulations rental dwelling units, campground rental units shall not be dwelling units. There shall be no cooking facilities in any rental unit / seasonal campground shelters. Cooking facilities means one or more of any of the following: oven, convection oven, toaster oven, stove, stove top, hot plate, grill (other than outdoor barbecue grill), microwave oven, or similar appliance, 240-volt electrical outlet or gas line(s) to serve any cooking appliance. The Code Enforcement Officer shall have the right to inspect any rental unit to ensure compliance with this condition of approval.
No seasonal campground shelter, trailer, recreational vehicle or mobile home which contains more than 400 square feet of floor area shall be located on any campsite or occupied anywhere within a campground. All recreational vehicles must be duly licensed and may not be located on the site for over the Maximum of 120 days.
7) Per 181-73 standard “B”
No proposed buildings; Utility line installation, sewer or electrical service line shall be installed without first obtaining all required permits from the Standish CEO.
C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
FINDING: NO SUBSTANTIAL CHANGE FROM EXISTING CONDITIONS.
D. The site plan adequately provides for the soil and drainage problems that the development will create.
FINDING: WITH THE FOLOWING CONDITION OF APPROVAL THE APPLICATION WILL MEET THIS STANDARD.
8) The Planning Board, under the provisions of Section 181-72 hereby modifies the requirements of Section 181-71.2 to allow the submission of the required DEP approvals when those have been received and not prior to final plan approval. This approval is conditioned upon the submission of all DEP approvals to the Town Planner and the Code Enforcement Officer once those approvals are received. No new construction or development shall occur prior to the satisfaction of this condition, but the applicant can proceed with the acquisition of permits for existing non-residential structures shown on the approved plan, including any repairs or reconstruction that are necessary to bring those existing structure into compliance with applicable codes. This approval would preclude issuance of occupancy permits for these existing buildings until all DEP approval and Town Planning Board final approval have been acquired.*****NOT APPROVED*****
9) Per 181-73 standard “D” erosion and drainage: The areas intended for placement of a recreational vehicle, tent or shelter, and any utility and service buildings or drainage and runoff control features, shall be set back a minimum of 75 feet, horizontal distance, from the normal high-water line of a water bodies, streams, tributary streams, or the upland edge of a wetland. Roads and driveways shall be set back at least 75 feet, horizontal distance, from the normal high-water line of waterbodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the planning board. If no other reasonable alternative exists, the planning board may reduce the road and/or driveway setback requirements to no less than 50 feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the waterbody, tributary stream or wetland.
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.
FINDING: - MINIMAL LIGHTING IS PROVIDED WITHIN THE CAMPGROUND. THE EXPANSION OF THE CAMPGROUND USE WILL RESULTS IN MINIMAL ADDITIONAL LIGHTING THAT WOULD IMPACT ADJACENT PROPERTIES.
F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
FINDING: PROPOSED CAMPGROUND EXPANSION WILL CREATED MINIMAL FINANCIAL IMPACT AS SOME OF THE CONSTRUCTION IS PARTIALLY COMPLETED.
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.
FINDING: WITH THE FOLOWING CONDITION OF APPROVAL THE APPLICATION WILL MEET THIS STANDARD.
10) Per 181-73 standard “G” the Public Safety requirements:
a) Fires shall be permitted only in specifically designated locations and in fire places approved by the fire chief. Fire shall not be allowed under conditions and at times determined unsafe by the fire chief.
b) Water supply fire hydrants for fire protection purposes shall be designed by an engineer provided as per the fire department standards with public access easement.
c) Per the Fire Department Report dated October 30, 2018
We need individual building plans with floor layouts and actual measurements of the exterior walls to include any overhangs to determine if Town Ordnances and life safety codes are meet
ALL submitted plans and designs need to have an engineer stamp.
After reading and reviewing no decision can be made from this application as it is not complete.
Therefore, before any building permit issuance for any part of the AOW Office Building, the applicant shall hire a registered professional architect or engineer who shall create and place their seal upon all floor plans of the entire existing office building calculating the floor area and volume of each floor within the entire structure. Then either; modify the proposed construction plans to keep both the building total floor area under 10,000 square feet and total building volume under one hundred thousand cubic feet, or the owner shall have the entire building sprinklered.
The review and approval authority for the floor area and volume calculations shall be to the satisfaction of both the Code Enforcement Officer and the Fire Department.
The existing office building total floor area may not be over 10,000 SF and volume under 100,000 cubic feet or the structure will require a sprinkler system or have a portion of the building removed. The removed portion shall be adequate to meet requirement found in the Standish Sprinkler System Ordinance code section 142. ***CONDITION C IS EXCLUDED***
11) Per 181-73 standard “G&J” the applicant has not provided adequate evidence that the project has met the standards for drinking water, nor septic. The Planning Board’s approval is conditioned on the applicant obtaining the necessary campground license from the Maine Department of Health and Human Services (DHHS). If the campground license imposes any more stringent conditions on the applicant or if DHHS’s conditions of approval in any way impact the Town of Standish’s substantive review criteria, the applicant must return to the Planning Board for review and approval of an amended site plan. Prior to the issuance of any building permit, the applicant shall provide the Code Enforcement Officer with a copy of the current DHHS campground license. Applicant shall also ensure that the property complies with all applicable federal, State and local laws including, but not limited to, all applicable regulations contained in the DHHS “Rules Relating to Campgrounds,” located at 10-144 C.M.R. Ch. 205.
H. The proposed development has made adequate provision for sewage disposal.
FINDING:
12) Per 181-73 standard “H” Sewage disposal. All sewage disposal methods, shall conform to all laws and rules relating to sewage disposal, including the requirements of the most up-to-date State of Maine campground regulations. All new and replacement wastewater sewer collectors and new or replacement campsite risers shall also receive permits from the municipal code enforcement officer prior to installation.
NO CHANGE FROM EXISTING
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.
FINDING: NO CHANGE FROM EXISTING
J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.
FINDING: NO CHANGE FROM EXISTING
13) Per 181-73 standard “J” the campground’s water supply shall conform to applicable laws and rules relating to water supplies, including the requirements of public water supply testing and the most up-to-date State of Maine campground regulations. Fuel tanks would have to be permitted through the Fire Marshal’s Office. Looking at the photos there are many issues that would make that difficult in their current state. The Drinking Water Program (DWP) regulates the campgrounds drinking water wells. If this petroleum storage tank is indeed a somewhat new addition to this site then DWP may require a modification to campground’s testing requirements.
K. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
FINDING: APPLICANT SHALL SATISFY PRIOR CONDITIONS OF APPROVAL IN FUTURE “STORAGE FACILITY” SITE PLAN APPLICATION.
14) Per 181-73 standard “K” applicant shall work with the code enforcement officer to rectify lack of building permits and inspections for all septic systems, freestanding decks, sheds, and recreational vehicle accessory enclosures requiring a permit by the code enforcement officer.
L. Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in 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, window shutters. FINDING: NOT LOCATED WITHIN A VILLAGE DISTRICT
M. Within Form Based Code Village Districts, the plan must meet all of the following additional standards:
FINDING: NA NOT LOCATED WITHIN A VILLAGE DISTRICT (Per fire department report)
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. Benson said for the record the Planning Board is not approving anything in Baldwin and they not are approving Notes 3, 4, and 8 or anything else on the campground other than what their approval for tonight is.
A motion was made by Mr. Brown and seconded by Mr. Cloutier to approve conditions A through M as read, with some grammar corrections for Phase One only. (Included in Phase One are 3 Hobbit Houses and 1 Water Shed.) All in favor (5) with the standard condition of approval.
Item# 1A Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11-Application for a contract zone –indefinitely tabled
Item #2 Tom Daniels, Apple Lane/Village View, Map 35, Lot 34/Map 10, Lot6A-Subdivision Application (Brookstone)
A motion was made by Mr. Brown to table this to the December 03, 2018 meeting, seconded by Mr. Cloutier. All in favor.
Item #3 St. Joseph’s College, White’s Bridge Road, Map 20, Lot 30-Site Plan Application
Mr. Brown recused himself as he is still associated with Sebago Technics. Craig Burtis from Sebago Technics was present to represent the applicant as Jim Seymour was in another meeting. He said he is very familiar with the project as he has done the engineering on it. He said they have three outstanding items: DEP approval, the Portland Water District capacity letter and traffic impact.
He said they just received the DEP permit and feels we should have seen it by now. Mr. Benson said he has. The traffic impact analysis which was already in the packets received and they have had the letter of capacity from Portland Water District which has been submitted to the Town.
Mr. Benson said that we had granted a preliminary approval with everything but the DEP storm water report and we have that. Mr. Cloutier asked if we have everything we need now to grant final approval and Mr. Benson said we do. Mr. Burtis said the only change in the DEP approval was the removal of two buffers and with that removal they will need to do a compensation fee for additional phosphorus, which they will do. The fee was increased a bit by DEP but agreeable with them.
He showed the buffers, one around the greenhouse and one further to the front of the site. He said other than that, there is little change. Mr. Burtis said they can satisfy the phosphorus fee and are looking for final approval tonight.
Mr. Cloutier made a motion to grant final approval seconded by Mrs. Whittemore, with all of the prior conditions of approval. All in favor.
Meeting was adjourned at 8:15 pm.