Standish Planning Board Meeting Minutes 04-03-2017
Standish Planning Board
Meeting Minutes
04-03-2017
The meeting was called to order by Vice-chair Carol Billington at 7:08pm. Present were Mike Willette, Betty Thompson, Jolene Whittemore, Adam Higgins, Cindy Beckwith, Bud Benson-Town Planner and Jackie Dyer, secretary to the Planning Board. Absent was Brian Libby.
Approval of Meeting Minutes from March 06, 2016
Mr. Higgins made a motion seconded by Mrs. Whittemore to approve the minutes from the March 06, 2017 meeting. All in favor.
Old Business:
Shaw Earthworks, Inc., 333 Pequawket Trail, Map 5, Lot 70-Site Plan Application for Gravel Pit Expansion
Brian Shaw from Shaw Earthworks was present to represent himself. He said the site walk was cancelled tonight and felt that it might make a difference on how things would go at the meeting. He said they have made a few changes on the site plan. He said on the access road to the original pit, they have built ditches so that the water runs back off and not towards the lake. Also he said they have changed the pit set back from the piece of land up front so to stay further away from it. He said this would also pick up any water away from that piece of land. He said they still need to do ground water data and a site walk. He said that data was given to DEP when Mr. Boyington had the pit, but it seems that they can’t find it.
Mr. Shaw said they have been in touch with Mark Stebbins from DEP and he has already approved what they have and he has also approved the variance data they have supplied. Mr. Benson said there is one exception to that and that is additional data is needed each spring, both from the Town and the State. Mr. Benson said that they need to know where the actual high water level is and this needs to be monitored. Mr. Benson said there is some data, but not what he calls a study of the ground water tables and the water levels that are needed to determine the high water level.
Mr. Shaw said that they have started to do this as it was a condition of approval through DEP. He said they have asked for a water sample in March and twice a month for April, May and June and then again in the fall. He said they have additional info now and will continue to monitor the wells for the State, as it would be the same information. He said the previous owner did not do this and he will continue to do it until they have approval and after. He asked about the site walk and the Board felt one is still necessary. Mr. Benson said that the shoreland zoning still needs to be clarified and he will be meeting with DEP this week to get that part straightened out. He said that they are looking at the fresh water wetland and see where the boundaries are accordingly. Mr. Shaw said that it is already on their plan, but needs the meeting with DEP before it can be finalized. A site walk was scheduled for Monday, April 10, 2017 at 5:30. This will be followed by a workshop at 7:00.
Mr. Shaw said that some tree cutting is being done on abutting lots and he wondered about them having some trees cut around the pit. He said they will not pull the stumps and cause any erosion, but wanted the okay to remove the trees while the logger was in the area. Mr. Benson said this is not causing any erosion. The Board felt that this would be okay and thanked Mr. Shaw for asking about it.
Bob Joslyn spoke and said that he is asking for just a couple of things to be clarified and this is between the forested wetlands and the freshwater wetlands and who would make that determination between the two. Mr. Benson said that the difference is that a forested wetland just has trees growing in it and a fresh water wetland has scrub shrub, which is trees less than eighteen feet tall. He said the issue is that the normal high water level of the lake seems to come up to the culvert and maybe slightly through it. He said if that is the case there is a small scrub shrub wetland up from the culvert and that would be considered part of the lake. He said that DEP needs to determine this and if it is part of the lake.
Mr. Benson said they need to determine the shoreland zoning and he will be meeting with Mike Morse from the State of Maine Shoreland Zoning this week and then it will be determined. This determination also decides on whether this application gets Town approval. He said the chunk of land just above the culvert would become wet water wetland, but this needs to be determined as to what the impact would be. The gravel pit would still need to be internally drained for water and there are many water quality issues that would impact the lake. Mr. Joslyn said he is now clear on these issues and he realizes this still needs work done as far as shore land zoning goes. Mr. Benson said he wants the changes to be correct.
Mr. Joslyn asked about the test pits or test wells and is there anyone overseeing these from the Town to validate them. Mr. Benson said he needs to check with DEP. He said the test pits are done by the contractor digging with an excavator and goes down to twenty feet deep. The test pits can be reused and not filled back in. The monitoring wells are to monitor the water levels within the pit. These are supposed to be monitored many times throughout the course of the year. Water tables go up and down according to the season and it’s typically higher in the fall. Mr. Benson said there is some question as to who should be doing the testing: someone from the Town or someone from the outside they hire. Mr. Benson said that the Town hires an engineer to go out and do the yearly inspections. He said there is the regular pit and then two additional pits on this property. He said he thinks the reclamation needs to be ongoing before another pit is open.
Mrs. Billington asked who reads the water table, who pays for it? Mr. Shaw said some of the data varies a lot and there was data that goes back for the two pits, which they can’t seem to find. He said he feels that one pit will not be totally reclaimed before they start to open the other. He said they have no way of knowing what material they will need first until they get a job that needs to be done. He said there are so many various materials within the pits.
Town of Standish, Standish Memorial Park, 670 Ossipee Trail West, Map 5, Lot 23- Site Plan Application
Mrs. Billington said that this application was asked to be tabled as they could not get the information needed onto the plans. Mr. Higgins made a motion seconded by Mrs. Whittemore to table the application to the May meeting. All in favor.
New Business:
Nicholas Thompson, 19 Ossipee Tr.West, Map 36, Lot 7- Site Plan Application- The Learning Post School
Nicholas Thompson was present to represent himself. He said that he and his wife had recently purchased this property and it was the old Post Office. He said that instead of tearing this building down as it has historical value, they decided to renovate it and would like preliminary and final site plan approval to open the school.
Mrs. Billington asked about a site walk and what were the Board’s wishes. Mr. Benson said the application is somewhat straight forward, it is a small lot in acreage, and it does have two small buildings on it. One building was a home and the other the post office. He thought they needed a site plan reduction, but they do not. The septic system is adequate for what they are proposing to do. He said the fire department in their report has asked for a fire lane in the back of the property.
Mrs. Billington said this is an existing building and looks like there is an issue with shared parking and would need to be recorded. Mr. Benson said most of the parking would not be on their land and they would need a shared parking agreement and this would mean getting an attorney involved. Mr. Benson did print some documents about shared parking and he can share that with the applicant. He said this would be a legal document and would need to be recorded in the Registry of Deeds.
Mrs. Thompson asked about the deed already in the packet. Mr. Benson said there is a deed but the shared parking easement is necessary for this application and needs to be recorded. Mrs. Billington asked if a site walk was needed and Mrs. Thompson said she was okay without one. Mr. Benson said he almost always recommends a site walk for each application like this. Mrs. Billington said the standards have a lot to do with onsite safety and deciding the issues. Mr. Higgins said he felt a site walk is needed and the rest of the Board agreed. A site walk was scheduled on Monday, April 10, 2017 at 5:00pm. The workshop will follow at 7:00.
LTD Industries, Inc. (Little Tykes Daycare), 48 Pequawket Trail Ext., Map 5, Lot 45 D-Site Plan Application for existing daycare expansion
Crystal Frost was present to represent herself. She gave a brief over view of the project and what she would like to do. She is proposing to double the size of the day care with a 70 foot x 32 foot expansion. This would all be open concept with the only walls being around the bathrooms and the kitchen. She said they have already spoken with the fire marshal’s office and a fire report has been done by the Town Fire Inspector. Mrs. Thompson asked if the land needed to be surveyed and Mr. Benson said it is not the Town’s charge to find the property lines, but the applicants. He said that if there are areas where development is taking place close to property lines, than a formal survey should be done. Mrs. Thompson asked about a page in the packet that looked like a big black glob. Mr. Benson told her that she is looking at the aerial photo that the applicant submitted with the packet to show the building and the lot. Mr. Benson said the building is in this location and showed the proposed expansion.
Mrs. Billington said she felt everyone is familiar with the building and drives by it many times. She feels that a site walk is necessary and the Board agreed. A site walk was scheduled for Monday, April 10, 2017 at 6:15pm, followed by a workshop at 7:00. Mr. Benson said they would like a parking table on the plan as it’s in a commercial zone and also the area of the proposed building staked out. He said the code requires some buffering but that will be up to the Board to determine and also the current sidewalk, as there are no other ones in the current vicinity.
Mrs. Thompson said she was concerned about the number of children and getting close to the road. Mrs. Billington said that is the reason they have the site walk and then everyone can make their own determinations.
Michael Sullivan dba Wireless Construction, 35 Blake Road, Map 10, Lot 85 A-Site Plan Application to renovate existing building into Professional Office Spaces
Mike Sullivan was present to represent himself and Wireless Construction. He said they have owned the former dance hall (Memory Lane) for more than twenty years. He said they had thought about keeping it as a hall and doing functions, but have done some research and find that it would cost them a lot more than they would make. He said there are function halls in many places in the Greater Portland area. He said they wouldn’t be changing the footprint in any way, but making use of the building for professional office spaces. He said there used to be a clothing store down in the basement and that space will stay the same. They will utilize that space for their tower climbing crews as a training room. He said some substantial work had been done to the building when it was becoming Riff’s. He said they have a brand new sprinkler system in and they would just be putting in some walls and some petitioned off offices along the outside walls.
He said he had passed in a plan showing the parking spaces and also the proposed fire lanes, as requested by the Town Fire Inspector. He said there are two proposed fire lanes on the plan and the parking is far away from the building. He said he is very hopeful that the Board will approve this application. They would like to continue getting this ready for use. He said nothing inside is changing other than the petitions for the office spaces. He said they have already contracted with Protection One to come in and add more fire alarms and also they have to move some of the sprinkler heads, so they have contracted to do that as well. He said the building has been there for forty years.
Mrs. Billington said everyone is aware of the building, but she asked about three floors there. Mr. Sullivan said there are only the two floors, one of them being where the store was. He said it slopes upward and the basement has a slope in it as well because of the ledge. He said the lower area used to be a country and western store and basically the building has just been sitting there unused. He said the main floor is where all of the offices would be and they are anxious to use it. Mrs. Billington said this is in the Standish Corner District and a different use. She said office space is allowed. She asked the Board if they needed a site walk. Mr. Benson said the site plan has two storage units on it. Mr. Sullivan said they were okayed for five, but decided to just do two.
Mr. Sullivan said the parking lot would hold over 300 people and the Town uses this site when they have the parades. He said he has only fifteen people as employees and they would be the ones at the building. Mrs. Thompson asked how people enter the building and Mr. Sullivan said there are at least five entrances and exits. Mrs. Billington said under the ordinances when there is a change of use, if this is approved, that change of use would still go on with the building. She says the use needs to be compatible with the neighborhood. Mr. Sullivan said his business and office has been across the street for almost twelve years and they just want to move their offices there as they are running out of space in the ranch house they are currently in.
Mr. Sullivan said they have warehouses down back and they bought the hall because they had run out of room. He said once they do this move, they have no intention of moving again and he can’t imagine they won’t utilize this space. He said they might develop the lower part of the field down the road or maybe put some more storage buildings there, but other than that, they have no intention of doing anything else. Mrs. Billington asked what the Board would like. Did they want to find the application complete? Mr. Sullivan said as far as safety issues, the alarm system just needs to have a few more sprinkler heads for the added offices. The Dispatch would get a call here if an alarm went off. He said their system is state of the art.
Paul Thompson spoke and said he feels Mike is doing a super job with the piece of property and he feels the Board should approve this application without being harsh. He said the building going from a bar to offices is wonderful and he would like to see businesses in this Town. Mr. Sullivan said they would be just offices for his business, Wireless Construction. He said there are handicapped stalls in the bathrooms and also handicapped sinks. There is also a handicapped access ramp to get into the building. Mr. Higgins said that this company has sponsored softball teams and his was one of them. He feels there is no conflict, he lives on Blake Road and feels this would be a great asset to the neighborhood. He said he doesn’t think the Board needs a site walk. He said he doesn’t and is okay with this application.
Mr. Willette made a motion seconded by Mrs. Beckwith to find the application complete. All in favor. The following are the Standards of Approval:
ARTICLE XII, Standards
§ 181-73. Conditions for approval. [Amended 12-9-2003 by Order No. 194-03; 10-10-2006 by Order No. 89-06; 10-10-2006 by Order No. 90-06]
No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that all of the following conditions are found to exist regarding said plan:
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. Higgins 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.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard B has been met. All in favor.
C. The provisions of on-site landscaping and screening do provide adequate protection to neighboring properties from detrimental features of the development.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard C has been met. All in favor.
D. The site plan adequately provides for the soil and drainage problems that the development will create.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard D has been met. All in favor.
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.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard E has been met with the following: all lighting must be shown on the site plan. All in favor.
F. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved.
Mr. Higgins made a motion seconded by Mr. Willette that Standard F has been met .All in favor.
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.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard G has been met. All in favor.
H. The proposed development has made adequate provision for sewage disposal.
Mr. Higgins made a motion seconded by Mr. Willette that Standard H has been met. All in favor.
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.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard I has been met. All in favor.
J. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard J has been met. All in favor.
K. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.
Mr. Higgins made a motion seconded by Mrs. Beckwith that Standard K has been met. All in favor.
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
M. Within the Standish Corner District, the plan must meet all of the following additional standards: Standard M along with 1, 2, and 3 are NA
(1) The proposed development complies with the regulating plan and the applicable SCD street frontage type standards within the Standish Corner District.
(2) The proposed development, both public and/or private buildings and landscaping, contributes to the physical definition of rights-of-way as civic spaces within the Standish Corner District.
(3) The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Standish Corner District.
Applicant is approved and will meet with the Code Enforcement Officer in a day or two.
There was no other business and the meeting was adjourned at 8:30pm.