Standish Planning Board Meeting Minutes 05-01-2017

Meeting date:

Monday, May 1, 2017

Standish Planning Board

Meeting Minutes

05-01-2017

The meeting was called to order by Chairman Brian Libby at 7:02 pm. Present were Betty Thompson, Carol Billington, Jolene Whittemore, Adam Higgins, Town Planner Bud Benson, and Jackie Dyer-Secretary to the Planning Board. Absent were Mike Willette and Cindy Beckwith.

Approval of Meeting Minutes from 04-03-2017

Mrs. Billington made a motion seconded by Mr. Higgins to approve the meeting minutes with one correction. The correction was brought up by Mr. Higgins to change” Mrs. Higgins” to Mr. Higgins! All in favor, with the correction being made.

Approval of Finding of Fact

Michael Sullivan dba Wireless Construction, 35 Blake Road, Map 10, Lot 85A- Site Plan Application

Mrs. Billington made a motion seconded by Mr. Higgins to waive the reading, all in favor. Mr. Higgins made a motion seconded by Mrs. Billington to approve the Finding of Fact. All in favor.

Old Business

Shaw Earthworks, Inc., 333 Pequawket Trail, Map 5, Lot 70- Site Plan Application for gravel pit expansion

Brian Shaw was present to represent himself. Mr. Benson asked about the ground water study and Brian told him that they would get one done if it’s needed. Mr. Shaw said he and his brother are okay with what was written in the memo as far as conditions of approval. He said they are fine with condition #1 and #2, but #3 says all roads and pit floor have to be under a 10% grade and he said they operate with their equipment on a little bit more of a grade than that. He said a wheel chair ramp is 8% and a street in Lewiston is 18% and that is used by tractor trailer trucks with no problem.

Mr. Shaw said haul trucks and loaders can easily go up a 30% grade so that condition just doesn’t make sense to them. He said they are hoping to omit condition 3. He said 4 through 10 look good, with condition # 10 already being done. He said 11 and 12 are fine, he said on 13 they are fine with posting a performance bond and feels that they could have a bond or letter of credit, which he would like to have added to that condition. He said the dollar amount is fine with the per acre bond. He said that marking the property boundary lines is fair and no crushing on weekends, which they are okay with also.

Mr. Shaw said that the crushing of material offsite is a sticking point with them. He said they would not be hauling rocks into the pit to crush, but they would bring asphalt in to be recycled. He said it doesn’t have any rock and the largest part of the asphalt goes to their Windham pit anyways. He said it wouldn’t make sense to them to have to go to Windham, unload and then go to Standish to pick up a load when they should be able to do it all at one pit. Brian said that isn’t usually how they and other pits operate and that would cause a hardship. He said it makes sense for the asphalt to go to the Standish pit where they can process it and resell it.

Mr. Shaw said all of the other conditions look good and seem to be fair. He said on the original 1999 conditions they had operating hours. They have been 7-5 during the week and 8-5 on Saturdays. They would like to extend this and be able to operate from 7-6 Monday through Thursday, 7-5 on Friday and Saturday from 8-5. He said just the extra hour a day for the four days a week makes a huge difference for them, especially being able to compete with other companies during their biggest and busiest season.

Mr. Shaw said in the town charter they are allowed 7-7 during the week, but are willing to compromise by doing 7-6 four days to get the trucks loaded by the end of the day and be ready to leave in the morning. He said it would save them a lot of time and money during the year. He said they want to work with the neighbors and he is willing to give each neighbor his cell phone number to be able to call at any time with a concern. He said he has met almost all of the neighbors and if there are any issues, he would want to know about them. He said they really don’t want any issues and are willing to work closely with all.

Mrs. Thompson asked about muffling the noise from the trucks backing up. Mr. Shaw told her that that cannot as they have to comply with Maine Safety and Health regulations and one of the rules is that you cannot tamper with anything that has to do with safety as in the back up alarms and other things. He said the newer alarms are better as the alarms are more directional. Mrs. Thompson asked about planting more trees that grow thicker together to create a better noise buffer. Mr. Shaw said they have a 150 foot buffer from the road now and when they finish up with the pit they are working from now and move back, he said he believes it’s another 500 feet back they will be moving, so that should help with the noise a lot more. He said there is one berm now and they are building another one and trying to direct it more away from the lake.

Mrs. Billington asked about the request to waive the slope on the road. Mr. Benson said that standard is not in the code, but this pit is much different from others due to the slopes of the pit floor. Mr. Benson said that he doesn’t feel that the real water table has been found and he said that as they get excavating more he believes they will eventually find the table and be able to modify it. He said the slope of the pit floor is 15% and that’s a bit excessive. He said in pit #2, a portion of the pit has a steep slope to it. He said this is not a typical pit floor. He said a ground water study has not been done to find the water table and should be done. Mr. Shaw said they are only talking about pit #2 and operating a foot above the water table. He said right now they are staying five feet above the water table and they have the number of wells they need to monitor this. Mr. Benson said they need to stay five feet above the water table and there is really no way to do this until they have the water study done. He said there are some indications where the water table is, but these are not true indicators until the study is completed. He said he is not a geologist and doesn’t feel comfortable with it.

Mr. Shaw said they dug 15-16 test pits and recorded the data as a way to know where the water table might be and to be able to use the pit. He said on condition 6 it said they need a minimum of three monitoring wells which go at least 17 feet below the pit floor and they need to have these in place. He said that will be done with the purpose of staying at least five feet above the water table before that particular pit is opened. Mrs. Billington asked about the DEP conditions for the permit.

Mr. Benson said when Rodney Boyington operated the pit he had gone to DEP to get a variance to excavate a foot above the water table. That variance had been given conditions and when the economy went bad, the conditions were never fulfilled. When the Shaw’s purchased the pit, they went to see Mark Stebbins from DEP and he told them they could operate the pit with the same conditions but they had to get the water table. Mr. Benson said he hasn’t seen anything on the new plan and nothing has been stamped by a professional saying that a ground water study needs to be done and he is not willing to say it’s okay without it. He said reviewing something that wasn’t prepared by a professional and then approving it isn’t something he will do. He said the DEP ruling is just for the front pit only as the other two pits operate under the five foot rule.

Mrs. Billington said she has read the conditions and the phasing of the reclamation. Mr. Shaw said this is a phasing plan and he had gotten it in late. Mr. Benson said there isn’t anything written on the plan and they could leave the whole thing open until they start the second pit, and then have 90 days to close it. Mr. Libby said he doesn’t think they would keep the whole 29 acres open. Mr. Shaw said they are close to the boundary on the first pit and they don’t have much material left in it. They would still use the pit floor and when they start filling it in they would do revegetation along with it at that time.

Mr. Libby said they have discussed the phasing and how it goes with the reclamation. Mr. Benson said they have 29 acres and can have everything open at the same time. He said they would have to reclaim the fifteen acres in the front before they can move on because of the proximity of the lake. Mrs. Billington said that she is seeing some red flags and is not comfortable making a decision. She said she is not sure all of the issues are addressed and said she is also very sensitive to the fact there is a lake involved. She said she is also not sure about 29 acres of the pit being opened and also things about spillways, internal draining and some other things. Mr. Shaw said that was all on the final plan and Mr. Benson said for everything except pit #3, as that isn’t shown on the plan yet. He said it shows a location for a spillway but not the contours of it. Mr. Shaw said the location is on the plan like Mr. Benson said and he will make sure that is taken care of. Mrs. Billington asked Mr. Benson about the conditions and were they just suggestions. Mr. Benson said that this helps inspectors when they go out and also helps them to know that the conditions set forth are being met. He said one of the important things is that the Board is making these conditions and making sure the standards are met.

Bob Joslynn spoke. He thanked the Board for the amount of time, patience and diligence on this application and how careful they are being. He said if a portion of the pit is going to be operated within one foot of the water table, how do you know if there is no study on where the actual water table in the pit is? He said he struggles with that. He said before a decision is rendered he feels the Board should know where this stands. He went on about material being brought in to be crushed and also going years back there were things that were allowed and things that weren’t. He said these rules have all been in place since about 1999 and why should they change. He said he is also talking about hours of operation.

Mr. Joslynn said that these rules were in place 18 years ago and he said the Shaw’s knew what the conditions were when they bought the pit. He said now to just turn around and expand the hours of operation, bring in materials from off site that have been restricted for all these years, poses a significant problem. He said compromise is about what has been in place for so long and about the lake. He asked about a letter received from the Lake Association and would it be read into the minutes. He asked about traffic issues and would DEP be involved. He said that expanded operations at the pit would create some safety issues and this needs to have a hard look taken at it.

Mr. Shaw said that hauling in material from off site is something they would like to do. He knows when they bought the pit it was active and on 102 acres of land. He said he knew what the conditions were at the time and that isn’t why they bought it. He said bringing in materials is recycling and in their business that’s an important thing for them. He said it is a lot of what they do and never felt it would be an issue to have it changed.

Don Drew from 11 Drew Lane spoke. He said that he feels Brian Shaw has done a great job and they are good pit operators. He said their drivers are great and they have cleaned the pit up a lot. He said the only noise he hears from the pit is the crushing and also the backup beepers on the trucks. He said that this brings up the issue of bringing material from off site and more crushing being done over time. He said more material means more noise. He said the hours of operation should stay the same as it has been agreed upon with other pit operators and have worked well. He said he doesn’t mind the loading of the trucks, but altering the hours would be more noise, more traffic and such. He said he doesn’t feel they can have much more traffic without causing some safety issues.

He asked about the statement “removing the berm.” He said they had talked about swinging the berm on the right side of the pit to make for less noise, but he was concerned about removing the berm. Mr. Shaw said it should have said realign or lay it back, not remove it. He said he has no other issues and thanked the Board.

Mr. Shaw said they would be fine limiting the crushing to the existing hours, but would like from 5-6pm to load or unload their trucks. He said he could see how the noise from the crushing would be an issue. He said a big part of what they do is recycling and it makes sense to reuse what you can. He said they could bury it as you are allowed to, but they prefer not to as they would rather recycle and reuse it. He is hoping they can work something out with the Town.

Bob Joslynn said in changing the elevation of the slope of the berm, would it be dropped as his concern would be more noise coming over the top of the berm. Mr. Libby said that is not the case. They are going to realign the entry, but not slope it down any further. He said it will be just one road with no fork for better sight distance. Mr. Joslynn said bringing in materials is a concern as they already have another pit in Windham they could take that material to.

Mr. Shaw said the other pit is in Windham and it falls along the river corridors as it’s just as close to Dundee Pond as they are to Watchic Lake. He said taking it to Windham makes no sense and they can’t compete if they are limited on trucks and how fast they can get materials out to job sites. He said they can either dump it and leave it or recycle it and get it out of there.

Mr. Joslynn asked about reading the letter from the Lake Association so it will be part of the minutes. Mr. Libby told him he was welcome to read it if he wanted to. This letter was written by Paul McNulty, President of the Watchic Lake Association.

Mr. Joslyn thanked the Board for letting him read the letter into the record.

Mr. Libby asked how the Board feels and Mrs. Billington said there are three issues she doesn’t feel they can resolve now: the phasing, the materials being brought on site and the ground water study. She said those are her concerns and Mr. Higgins said he shares those also. Mr. Libby said they need a qualified ground study. He said that the Shaw’s have done a great job, but they need more answers. He said they have some answers that they have never had before about this pit, but they need the ground water study to answer more of what they are unsure of. Brian Shaw said that the ground water study may be data that is recorded over time and looks to be more than what DEP asked for. Mr. Benson said he needs to see someone’s name that is qualified. He said there is an MAI person that does this, but he doesn’t see any name on the report they have.

Mr. Benson said he is not disagreeing about the water moving towards Page Brook and away from the neighbors but this can change especially in the spring. Different water levels and run off can go in many different directions and that is why he feels they need the ground water study. Mr. Shaw said that he thinks they are looking for someone who can stamp this and show the different ways the water can run off. He said as far as keeping the pit floor water levels, this is done by the monitoring wells. He said he didn’t realize this wasn’t stamped by someone. Mr. Benson said he is concerned about the processing of other materials being done when they are trying to operate only a foot above the ground water table in pit #1. Mr. Shaw said if they needed to hire MAI again to come out and do another plan, they would definitely do this and also show the direction of the water flow. Mrs. Billington said they need this to make an informed decision on this application.

Mr. Libby asked about a workshop in two weeks. This will go to that workshop on May 15, 2017 at 7:00pm. He told the public they are invited to come to this.

Town of Standish, Memorial Park,670 Ossipee Trail West, Map 5, Lot 23

Andy Morrell from BH2M was present to represent the applicant. He said they have made some major changes to the plan and would like to show where they are on the plan with the Board’s approval. He said on the site walk they looked at the fields on the back. He said they are not going to do any field right now and have scaled the project back. He said they have made changes on both parking areas and also changes to the area where people can watch the events/games. He said they no longer have to go to DEP for a permit, but will get the permits necessary, before they start the project, from the Town. There are some changes along the Thompson land property line. He said their surveyor came up with where he feels the property line should be.

He said one of the parking lots has been modified to add handicapped parking spaces to it. He said they have changed the grading of the site. He said they have tried to make a smooth transition from the parking lots to the spectator areas by shedding the water away from the spectator areas, so they don’t have to walk through anything. He said the small parking lot has been twisted a bit so it’s parallel to Diamond Lane with only one access.

The viewing area is 10-12 feet wide and wider in some areas. They have put a wooden guard rail as part of the area. They have added some solar powered lights to the access road as well as the parking lots and also they have added some signage with no parking signs and also park rules signs. He said the concession stand has been eliminated and no buildings will be built on the property as of right now. He said he would be happy to answer any questions. Mrs. Billington asked him to point out the viewing area again. Andy showed her where it is located on the plan. Mr. Benson said it is the width of one parking space.

Jen DeRice, the recreation director, said they have broken this into two phases so they can come up with phase one and also phase two. She said they are accommodating the baseball at Johnson Field and hope to move forward by having the same at Memorial Field. She said they see this field as a multi-use field and a field for special events. She said the fireworks for the Standish Summer Spectacular will be held here this year. She said the fireworks is one of the reasons they want to move along and have the added parking so to get people off Route 25 and be safer.

Jen said they would like to add some things like maybe a walking trail, a playground, or some other things there to keep children that are not playing any sport busy while people are there for practices and such. She said they are trying to be thoughtful about what they need to add and what they would like.

Mrs. Billington made a motion to find the application complete seconded by Mrs. Higgins. All in favor with Mrs. Thompson abstaining from the vote.

§ 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:

Mrs. Billington made a motion seconded by Mr. Higgins that Standard A has been met. All in favor with Mrs. Thompson not voting.

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.

Not Applicable

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard C has been met. All in favor with Mrs. Thompson not voting.

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. Billington that Standard D has been met. All in favor with Mrs. Thompson not voting.

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.

Mrs. Billington made a motion seconded by Mr. Higgins that Standard E has been met. All in favor with Mrs. Thompson not voting.

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 Mrs. Billington that Standard F has been met. All in favor with Mrs. Thompson not voting.

Mr. Higgins made a motion seconded by Mrs. Billington that Standard G has been met. All in favor with Mrs. Thompson not voting.

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

Mr. Higgins made a motion that Standard H has been met. All in favor with Mrs. Thompson not voting.

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. Billington that Standard I has been met. All in favor with Mrs. Thompson not voting.

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

Not Applicable

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. Billington that Standard K has been met. All in favor with Mrs. Thompson not voting.

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.

Not Applicable

Standard Condition 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.

Application is approved

Nicholas Thompson, 19 Ossipee Trail West, Map 36, Lot 7- Site Plan Application for The Learning Post School

Nicholas Thompson was present to represent himself. He said that the site walk was done with a workshop two weeks ago. He said they addressed the ground lease for the parking easement and also the run off for water was added to the site plan as asked for. Mr. Libby asked if the Board had any questions or the public. Mrs. Billington made a motion seconded by Mr. Higgins to approve the application. Mrs. Thompson said she is not voting as Paul Thompson is her nephew and Nicholas is her great nephew. All in favor of finding the application complete with Mrs. Betty Thompson not voting.

§ 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]

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. (#6 condition of approval added) *Storm water runoff shall be diverted away from the public street and shall not run across the sidewalk or to the public street catch basin.

Mrs. Billington made a motion seconded by Mr. Higgins that Standard A has been met with the addition of condition #6 from Mr. Benson’s memo and the two Town Attorney Standards. All in favor with Mrs. Thompson not voting.

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.

Not Applicable

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard C has been met. All in favor with Mrs. Thompson not voting.

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. Billington that Standard D has been met. All in favor with Mrs. Thompson not voting.

Not Applicable

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard F has been met. All in favor with Mrs. Thompson not voting.

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.(Added Condition #2 from memo) *All buildings on this property must be in compliance with any Town of Standish Ordinances and NFPA 101 as adopted by the State of Maine.

Mrs. Billington made a motion seconded by Mr. Higgins that Standard G has been met with the added condition #2 from Mr. Benson’s memo. All in favor with Mrs. Thompson not voting.

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard H has been met. All in favor with Mrs. Thompson not voting.

Not Applicable

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard J has been met. All in favor with Mrs. Thompson not voting.

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. Billington that Standard K has been met. All in favor with Mrs. Thompson not voting.

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.

Not Applicable

M. Within the Standish Corner District, the plan must meet all of the following additional standards:

(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.

(4) If the lot to be developed shall be divided from a greater parcel, access to the parcel, or the "Pioneer Lot" (See conceptual Connectivity Master Plan in § 181-7.1.), shall be from an allowable SCD street frontage type perpendicular to the existing SCD street or arterial. Existing curb cuts are allowed to be continued to be used by existing uses. For new use(s) where the closure of the curb cut is triggered by the conditions of approval, standards contained within Chapter 252 (Streets and Sidewalks) or by Planning Board supplemental review, the perpendicular SCD street shall be built to the minimum block length and other SCD street frontage type standards and serve both as access to the parking area for the development as well as for parking for the development. The applicant shall build the perpendicular SCD Street to the required standards and provide for maintenance of the same until such time that the road is accepted by the Town as a street.

Not Applicable

Town Attorney Conditions of Approval

1. This site plan approval is conditioned on the applicant, as the owner of the subject site, having access to and use of 10 parking spaces located on the neighboring property now or formerly of Paul W. Thompson and Candace D. Thompson via a legally binding and recorded ground lease between the applicant and the owners of the parking area. This site plan approval shall become null and void if the applicant, his heirs and assigns as owner of the subject site, loses access to and use of the 10 parking spaces on the neighboring property.

2. The applicant shall record the ground lease related to the 10 parking spaces at the Cumberland County Registry of Deeds. The ground lease shall be approved as to form by the Town Attorney prior to recordation. A copy of the recorded lease shall be submitted to the Town Planner prior to use/occupancy of the buildings as a school.

Added Conditions of Approval from the Planning Board:

1. This site plan approval as shown on the site plan titled “The Learning Post School” 19 Ossipee Trail West for Nicholas & Kathryn Thompson by Wayne Wood & Co, plan dated February 2017 is for the use as a school.

2. All buildings on this property must be in compliance with any Town of Standish Ordinances and NFPA 101 as adopted by the state of Maine.

3. This site plan approval is conditioned on the applicant, as the owner of the subject site, having access to and use of 10 parking spaces located on the neighboring property now or formerly of Paul W. Thompson and Candace D. Thompson via a legally binding and recorded ground lease between the applicant and the owners of the parking area. This site plan approval shall become null and void if the applicant, his heirs and assigns as owner of the subject site, loses access to and use of the 10 parking spaces on the neighboring property.

4. The applicant shall record the ground lease related to the 10 parking spaces at the Cumberland County Registry of Deeds. The ground lease shall be approved as to form by the Town Attorney prior to recordation. A copy of the recorded lease shall be submitted to the Town Planner prior to use/occupancy of the buildings as a school.

5. Parking shall be only in designated parking spots. The area directly behind the existing garage and to the proposed stockade fence will need to be designated a FIRE LANE, as hand written on the plan, shall be an unobstructed passageway at least 20 feet in width is to be constructed and maintained at all times in a manner to permit the free passage of fire, police, rescue and emergency personnel and apparatus from a public way to necessary areas and buildings. This area to be posted “Fire Lane - No Parking – Vehicles will be towed at owner’s expense”.

6. Storm water runoff shall be diverted away from the public street and shall not run across the sidewalk or to the public street catch basin.

7. 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.

Application is approved

Paul Thompson asked about the land lease and do they have to move forward with it still. Mr. Benson said they do need to and they need to come in with it, let him see it and he will send it to the Town Attorney for the final okay. When it is approved by the Town Attorney, it will need to go to the Registry of Deeds to be recorded and that recorded copy needs to be given to the Town.

LTD, Industries, LLC(Little Tykes Daycare), 48 Pequawket Trail Extension, Map 5, Lot 45

Crystal Frost was present to represent herself. Mr. Libby said that they had a site walk and asked if the Board had any questions? Mrs. Thompson asked about the number of bathrooms and Crystal told her they had already had a new septic system engineered. She said the State will come in and check how many bathrooms they have and make sure that her septic systems are adequate for the number of bathrooms and children there. She said they have a one thousand gallon existing system and they would be putting in a second one that is the same.

Mr. Libby asked if anyone else had any questions or questions from the public. There were none. Mrs. Billington made a motion to find the application complete and this was seconded by Mr. Higgins. All in favor.

§ 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]

Mrs. Billington made a motion seconded by Mr. Higgins 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. Billington 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. Whittemore 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.

Mrs. Billington made a motion seconded by Mr. Higgins that Standard D has been met. All in favor.

Mr. Higgins made a motion seconded by Mrs. Billington that Standard E has been met. All in favor.

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard F has been met. All in favor.

Mrs. Billington made a motion seconded by Mr. Higgins that Standard G has been met. All in favor.

Mrs. Thompson asked about a sprinkler system or fire alarm system. Crystal said they are not required to have either one. This is because of the open concept. She was told that she didn’t need anything other than what she already has in place.

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

Mrs. Billington made a motion seconded by Mr. Higgins that Standard H has been met. All in favor.

Mr. Higgins made a motion seconded by Mrs. Billington 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. Billington 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. Billington that Standard K has been met. All in favor.

Not Applicable

Standard Condition of Approval:

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 (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.

Application is approved.

Mr. Libby said that the next Ordinance Committee meeting will be held on Tuesday, May 18th, 2017. He said the Planning Board is invited to attend and also the public. Mr. Libby reminded the Board that there will be a workshop on Shaw Earthworks to be held here on Monday, May 15, 2017.

Meeting was adjourned at 9:00pm

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Standish Planning Board Meeting Minutes 05-01-2017

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