Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
August 06, 2018
The meeting of the Standish Planning Board was called to order by Vice Chairman Charles Brown as Chairman Adam Higgins was unable to attend the meeting. Present were Patricia Knight, Jolene Whittemore, Roland Cloutier, Bud Benson, Town Planner and Jackie Dyer, Admin. Assistant to the Planner and Planning Board.
Open Meeting
a. Call to order
b. Opening Statement from Planning Board Chairman (read by Mr. Brown)
c. Declaration of a Quorum-There is a quorum with 4 members present.
Approval of Meeting Minutes from July 02, 2018
Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the minutes as written. All in favor.
Approval of Finding of Fact:
Chris Duchaine, 525 Pond Road, Map 19, Lot 6- Final Subdivision Application (Pond Road Subdivision)
Mr. Cloutier made a motion seconded by Mrs. Knight to approve the Finding of Fact as written. All in favor.
Hearings:
a. Old Business:
Item #1 Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4 -Site Plan Application
John Geismar from the law office of Norman, Hanson and DeTroy was present to represent the applicant as well as the applicants Mike Baptista and Maria Burnham. This was supposed to be tabled per Bill Thompson from BH2M. Mr. Geismar said they are trying to keep the process going and we have two applications from them. He said they would like to discuss the first application and table the other to the September meeting. He said that they have made some adjustments to the site plan application. He said he came to the meeting a year ago and he said they have prepared and submitted the site plan building plans. He said they are doing an after the fact review and would like to come into compliance. He said he feels they have all they need in front of the Board for approval, other then what DEP is requiring. He said that DEP feels they can have the site plan approval granted as DEP might take months.
Mr. Geismar said that this will be a process to get through and he would like the Board to consider approving the site plan application. He asked that the Board waive the DEP approval process for now. Mr. Benson said that the site plan has not been modified. He said he received the architectural drawings for the buildings. Mr. Benson said the submission deadline for today’s meeting was July 23 which is about a week before he prepares his meeting memo and he has not had a chance to go through what he received via email yet. He said that they are getting closer than they were, but nothing had been submitted until today, which was too late. He said that DEP will require a DEP site plan and until they get that they can probably do a preliminary approval in the September meeting. He said the square footages of the buildings and what are on the site plan do not match. Mr. Benson recommended to the Board to table this until the next meeting. He said the application is not complete and the Board could go through it and deny the application. He went on to say some erosion control and storm water plans need to be done for each building. He said Andy Morrell will have to do this for DEP also.
Mr. Geismar asked if the Town and DEP’s storm water requirements were the same and Mr. Benson said they are very similar and the erosion control plan also. Mr. Brown asked about what date these plans are needed before the next meeting. Mr. Benson said if they wanted preliminary approval a set of plans would need to be here by August 27, 2018. A workshop was set for August 20, 2018 at 5:00pm.
Item #2 Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4-Contract Zone/Subdivision Application
*****Request to table until September meeting*****
Mr. Cloutier made a motion seconded by Mrs. Knight to table this to September. All in favor.
Item #3 William Partridge, 5 Harbor View Way, Map 48, Lot 3B-Shoreland Zoning Application for the addition of a new deck on cottage and replacing footings
William Partridge was present to represent himself. He said it’s been a couple of months since he has been before the Board and gave a brief overview of his application. He said the stairs from his existing deck are in the right of way as well as about a foot of the existing deck. He received a consent decree and felt they were fine as no neighbors contested anything and still don’t. He said the shore land zoning has changed and felt they should rebuild but building what they want to, they would need to replace the footings. He said they would like to put in a foundation as close to the ground as possible.
Mr. Partridge said they would like to rebuild in the same footprint, but need a foundation. He hired an attorney to get her opinion and the opinion differs from the Town Attorney, Sally Daggett. His Attorney said that this issue centers on building a new deck and replacing the foundation. He read a letter he received from Jennifer Thomas from Beagle, Ridge and Steeves. She said he owns the lot and also the lot where his steps that run into the right of way is. He said none of his neighbors are contesting what he wants to do and feels he owns the right of way.
He said the consent decree makes no sense to him and he doesn’t understand it. He said he went to the CEO and was told he had to come to the Planning Board. Mr. Benson said that the CEO was unaware at the time when he said he would issue a permit to build, that a portion of the stairs was into the right of way. The CEO told Mr. Benson that no permit would be issued that was into the right of way and the stairs are almost six feet into it. Mr. Benson said he had drafted a decision not to approve this application. He said Mr. Hill was under the impression that Mr. Partridge owned all of the land. Mr. Partridge said he does own all of the land including the right of way. Mr. Benson said that with a consent decree, there is no tearing down and rebuilding. He said this is part of the process where you can maintain what is there, not remove and replace anything under shore land zoning.
Mr. Brown said there are eleven items on the memo that they would need to go over. And also ten items on the site plan that would need to be done. Mr. Cloutier asked if he had considered modifying his design and putting the stairs on the side out of the right of way. Mr. Partridge said they could but the issue is the stairs and they would like to leave them where they are and attach them to the new structure. He would have to reduce the footprint by one foot and encroach on the neighbors side set back.
Mr. Benson said that lots of this age can get a reduced set back by 20 feet on the front and 10 on the side. This could happen by moving the stairs to a side position and getting them out of the right of way. Mr. Partridge said he would consent to do that although he would like to leave them where they are. He said he would like some kind of a conditional approval before he spends more money doing this. Mr. Cloutier said if they could change the design and move the stairs he would be fully comfortable with that. All of the Board members agreed. The Board told him that if he would have the site plan done and everything in the memo included on the site plan, move the stairs to the side and come back in September to the meeting, they would be willing to approve this application.
Mrs. Knight asked about putting the stairs inside the deck and coming out under. Mr. Partridge said it would take away a lot of space, up to 5 or more square feet. Mr. Brown said he was more than comfortable as long as everything is within the lot and Mr. Partridge said he will make the changes and submit to Mr. Benson well before the meeting.
He told Mr. Partridge he might have to shrink the size of the stairs. This will be on the September agenda.
Item #4 St. Joseph’s College, White’s Bridge Road, Map 20, Lot 30-Site Plan Appl.
***** (Request by Sebago Technics and SJC to table to September meeting)****
Mr. Cloutier made a motion seconded by Mrs. Whittemore to table to September meeting. All in favor.
b. New Business:
Item#5 Steve Fallon, 125 Sucker Brook Road, Map 47, Lot 11-Shoreland Zoning
Application
Rick Libby spoke on behalf of the Fallon’s. He gave a brief overview of what they would like to do with the existing cottage on the property. He said they would like to demolish the existing cottage and build a new home on the site. He said the septic would be across the street on a lot they also own. He has submitted a site plan, septic plan, erosion plan and sedimentation. He said they are 31 feet from the high water mark.
The Board felt a site walk would be needed and this was scheduled on August 20, 2018 at 4:00pm. The Board asked for the property to be staked out along with the septic and the setbacks.
Item #6 Brian Leavitt, Leavitt Earthworks, (Leavitt Development, LLC), 191 Ossipee Trail West, Map 10, Lot 11A-Sketch Plan Review for Self-Storage Units
Larry Bastion from Terradyn Consultants, LLC was present to represent the applicant. He gave an overview of what they would like to do. They would like to build 10 storage facilities in front of Leavitt Earthworks on Rt.25. Larry said this is in the Standish Corner District. He said this is a conditional plan and the garage from the business would be also converted into storage units. He said they would come in off Rt.25 as would the Highland Subdivision. He said the site distance is not enough for DOT and they need 800 feet, they have 500 feet which is not adequate. He said they have studied a better area where they have the site distance they need right now within about 40 feet. They are pending DOT approval. He said DOT would not like two active entrances right together coming out onto Rt.25. They are proposing an easement across the Leavitt Earthworks property which is owned by Brian Leavitt.
Larry said they received Bud’s memo and have addressed some things. He said they have to go for an access where the correct frontage is. He said the main issue is that one principal building can be on one lot and they have enough right now for only two, but are going to further address having more. He said all of the items like sidewalks and frontage can be addressed and meet the form based code.
The Board felt that this should come to workshop. The workshop was scheduled for August 20, 2018 at 7:00pm after Acres of Wildlife. Mr. Bastion said they will have an alternative site plan by then and also have the wetlands delineated. He said they will also need DEP permits as well, which they are working on.
Item #7 Tom Daniels, 6 Apple Lane (Michael and Kirsten Goff), Map 10, Lot 6- Subdivision Amendment
Andy Nadeau from Horizons Surveying was present to represent the applicant, Tom Daniels. He said they have put together an application for a modification to the Apple Lane Subdivision and the lot they have presented is no longer owned by the Goff’s, it is now owned by Tom Daniels. He said the Apple Lane subdivision was built in 1972 and this parcel is an oversized parcel which they would like to propose dividing into four parcels. The first would be with the existing house. They would like to access the land to build the subdivision over Apple Lane, which is in the Standish Corner District. They have gone with the minimum 30,000 square foot lot size.
Andy Nadeau said Mr. Daniels also owns Lot 6A. He said they have the seventeen acre larger parcel and hopefully the road access through Apple Lane. He said on the Goff parcel, they have had it delineated and there are no wetlands. They also have some test holes out there now and they are starting to look at septic designs, road designs and what they might need. He said the engineering plans should be ready in a week or two and they have more surveying to do also. Mr. Benson asked about his memo and did they have any questions on what he had written. Mr. Nadeau said they are addressing the road issue and said the water district had said if this was in fact a Town accepted road, they would have no problem doing the utilities. He said initially the water districts response was about the requirement of the water main extension and was this actually a town accepted road? They told them if it was then doing the extension off from Route 35 would be the best way to go.
Mr. Nadeau said that when the subdivision was initially done and the Town accepted the road, a deed was never passed to the Town. Mr. Nadeau said they need to hold the interest and are also covered under the Bundle of Rights, which he has correspondence about through the Town’s Attorney. The Attorney said the Bundle of Rights is around 99% correct. If the road is accepted, then the water district has the right to put the water main into the street. He said something is needed from the Town to determine this. The Daniels have also consulted with an attorney, but there was a conflict of interest between the two attorneys.
Mr. Nadeau said in a letter from Portland Water District that they state that the installation of the water main on Apple Lane is up to the Town of Standish, as long as it is a Town accepted road. And as long as Apple Lane is suitable for the water main and all of the Portland Water District standards are met. The Daniels have a deed now to the property so they have the right, title and interest and ownership. Mr. Benson said they are also looking for some title work to be traced back showing this. Mr. Brown said he feels they need to have a workshop and one was scheduled for Tuesday, August 21, 2018 at 5:00pm. Mr. Benson said they will also respond to the Town Attorney and move forward with this application.
Mr. Nadeau said they want to get the engineering done on this and would a workshop help? Mr. Brown said he feels Mr. Benson should have the information before they look at anything again. Mr. Nadeau said the road design is cookie cutter, being plain and simple. They are looking for the application to be accepted and approved in the next meeting, September 10, 2018.
Stan Grysk from Apple Lane spoke and said there isn’t a lot to say but he feels he is losing out on both ends of this. He said the land drops and almost goes straight down, 10-15 feet and all of the wetlands there too. He said that according to the Town ordinance the Town cannot approve a road that is more than an eight percent grade. He said any run off from the property will go onto Becky Brown’s land. He has been stuck there many times with a snowmobile and so were his kids, always near the wetland in the same spot every time. He said on the first plan he saw just a shadow but it is definitely a wetland. He said he considered fighting this about the road, but he is 80 and his wife is 82, they have some money in the bank, but says that money is left for one to be taken care of when the other one passes away.
Mr. Grysk said that he is not going to hire any lawyers. He made the lot one big lot because he could never figure out what to do with it because of the wetland. He said the original lot had a cider mill on it which he ended up burning down as it was old and broken down. He said his only concern is the road and the 8% grade. If it’s more than that people coming to the top of the hill will not be able to get out without having four wheel drive. He said the subdivision was built in 1972 and the road accepted by the Town in 1983. He said he is done complaining and can’t do anymore.
Mr. Nadeau asked about the minimum 8% grade and Mr. Benson told him to look at the road standards for the Town. There were no further comments from the public or the applicant. Mr. Cloutier made a motion seconded by Mrs. Knight to adjourn. All in favor.
Other Business:
a. Public Hearings: There were none
Announcements: There were none.
Adjournment; 8:30pm