Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
November 04, 2019
The meeting of the Standish Planning Board was called to order by Chairman Charles Brown at 6:00pm. Present were Cheryl Kimball, Roland Cloutier, Jolene Whittemore, Patricia Frechette, Deb Boxer, Zach Mosher-Town Planner and Jackie Dyer-Admin.to Town Planner and Planning Board.
a. Call to order
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum (6 are present)
Approval of Meeting Minutes from October 07, 2019
Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the minutes with two minor corrections. All in favor.
Approval of Finding of Fact:
John Moon/Gina Pressey, 129 Hi Vu Drive, Map 25, Lot 22-Shoreland Zoning Application to expand existing cottage
Mrs. Boxer made a motion seconded by Mr. Cloutier to approve the Finding of Fact. All in favor.
Thompson Development, 83 Woodrow Dr., Map 19, Lot 34-218-Subdivision Amendment
Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the Finding of Fact. All in favor with Mr. Brown abstaining from the vote because of his affiliation with Sebago Technics, who did the project. He said the next item on the agenda is Sebago Technics also and he will abstain from any voting on this project .
New Business:
Item #1 JDP, LLC, Middle Jam Road, Map 20, Lot 47-Preliminary Subdivision Review (5 Lots)
Owens McCullough was present to represent the applicant, JDP, LLC (Michael Phinney) and Mr. Phinney was present also. He said that Mr. Phinney would like to sell 4 lots on Middle Jam Road from a 95-acre parcel. He said that a site walk was done a few weeks ago and felt it went well. Mr. McCullough said that he had met with Roger Mosley and decided on the best places for driveways and their configurations for each one, maximizing the best site distance.
He referred to the site plan on the easel and the large green parcel that Mr. Phinney would be selling to David Daniels, which is around 75-acres. There is one parcel with a house on it already that would become part of the proposed subdivision. There is one abutter, Mr. Labbe, that would like to purchase a parcel, so it would bring the division of the property to 3 lots and the one lot with the house on it. They are really proposing five lots on a 95-acre parcel, but he said that Lot #4 has been spoken for by Mr. Daniels as part of his 75-acre land acquisition.
Mr. McCullough showed the parcel Mr. Daniels is acquiring and there is a strip of land that goes with it that was an old logging road. The logging road goes over lot #4, which Mr. Daniels wants. He said it’s a small subdivision, but they are looking for a waiver under article 181.97 which is in the ordinance to allow one road into the site as an access. He said that he and Mr. Mosher had discussed this, and he feels this is the most important part of the meeting. He asked Mr. Mosher about this and his reaching out to the Town Attorney as to whether this can be waived. Mr. Mosher said it can, but the Town Attorney is not recommending the Board waive it. Mr. Phinney’s attorney agreed that it could be waived, and Mr. McCullough said there are a couple provisions in the Ordinance that are key to this. He said that the Ordinance states that it can be waived due to special circumstance.
He said that they have had a conversation with the Board about setting a precedent for other projects, but feels the special circumstance is met with this particular plan. He said that this is key as they are taking a very large 95-acre parcel and because of Mr. Daniels interest in this large piece and preserving it, it is Mr. Daniels intention on keeping this large parcel, plus lot 4, into conservation and preserving open space. He said they are looking at a density of one lot with 20 acres of density. He said this is a very small development to what it could be.
Mr. McCullough said the neighbors would rather see this kind of development with this kind of buffering and are bringing forward a particular plan with a particular circumstance. He said this would conserve the welfare and safety of the neighbors and preserve this parcel from being developed. Mr. McCullough said this would also preserve not having to require an internal road and this plan is a unique situation with neighbors and abutters being very supportive with Mr. Daniels acquiring this piece of land. He said it would also be a great thing for the Town and the neighbors and they could have come forward with 25 lots. He said our criteria does allow this interior road to be waived and the attorneys agree. Mr. McCullough said they need to get through this and get the waiver, before they can move forward with the final plan. He said the acquisition of Lot 4 by Mr. Daniels just came about.
David Daniels spoke and said he would like to read a few letters from people that are voicing support for this proposed project. He said he hopes this waiver will be granted. He said he was at the site walk but there wasn’t much conversation as there were several small groups. He said he would like to clear up some things about the land acquisition and about the Presumpscot Land Trust. He said he would be leaving it (the land) to the Land Trust upon his and his wife’s death. He said they will own it when they are gone and they have no intention of leaving it to their heirs, which are two adopted children. He said they can barely manage a checkbook with a small amount of money, and he can’t imagine them managing 75 acres of woodland. Mr. Daniels said his house would be separate. He said the Land Trust would manage this land and preserve it for conservation upon his and his wife’s deaths.
He read the letters to the Board from people in the community voicing their support but could not attend the meeting. (These letters are on file for anyone to view.) The Board had copies of all but two. Letters are from Rachelle Curran Apse, Cynthia Houlihan, Leanne Cooper and Jeanne DiSciullo.
Mr. Daniels brought up how Shaw Brothers has excavated on Middle Jam Road and how close they are to the buffer of the abutting land. He said he understands they have a business to run and won’t come over the buffer. He continued to read the letters from the above referenced people. He said that he has heard from many people that have voiced their support to him and this project, about preserving this acreage as it is.
Robert Ostier spoke and said he is an abutter. He said it is important that this land be maintained for wildlife and conservation. He said that it’s also a financial sacrifice for the Daniels and that Michael Phinney is also making one. He said that those sacrifices outweigh the tax laws. He said they have horses and they ride the property, so this plan is important and beneficial to them. He would like the Board to take into consideration the preservation of this property.
Karen Ogg from Windham spoke and said she feels this should be preserved and she is passionate about this. She said its preservation is about the future and the people who deserve it. She said it doesn’t belong to her, but to the Native Americans that we stole everything from. She said that if we can honor this preservation, this would be a good thing to do.
Mr. Mosher said that he has spoken to the Town Attorney and she does not recommend waiving this requirement. He said it is stated in the Ordinance that a subdivision must have an internal road. Mr. Brown asked for comments from the Board. Mrs. Boxer asked if this has been done in any other subdivision in Standish on a main road or town road, and Mr. Brown said not that he knew of.
Mr. Mosher said there are three options :grant the waiver, get documentation from Mr. Phinney as to selling this land to Mr. Daniels and does the Board feel comfortable in granting this waiver and the possibility of opening this up to another subdivision that will ask for the same thing. Mr. Mosher said there are new documents presented today from both the applicant and the neighbors and he said the Board may want to review those further and table this to next month. Mr. Brown said he agrees with Mr. Mosher. He said they need to be able to tie that 75-acres into the subdivision and there is nothing physically that ties it to the project, other than what they have been told. Mr. Cloutier said he struggles with the same thing. He said he wants to approve this but there is nothing in writing that ties this to the preservation of the other land.
Owens McCullough said that Mr. Daniels would have no problem with restrictions on the land and being kept as conservation land or open space land. Mr. Cloutier said that the Board needs something legally binding that says it can’t be developed ever and will be given to the Land Trust in the future. Mrs. Kimball asked that if Mr. Daniels is donating this land, why isn’t he doing it immediately. Mrs. Frechette says she feels this document needs to come from Mr. Phinney. She said it needs to state in it what exactly will be done with the land. She said the Board needs confirmation and feels Mr. Phinney is the one that needs to do this. Mr. Brown said that they can have a note on the plan that specifies what this remaining land will be used for and this will be recorded at the Registry of Deeds. He asked Mr. Phinney if he was proposing to transfer this to the land trust and he said no, he would be selling it to Mr. Daniels, who would be conveying it to the Land Trust.
Mr. Brown said they need something saying this is what will happen. Mr. Daniels is planning on keeping it for himself, working on the trails and such, and in his and his wife’s will, they will have it going to the Land Trust, upon their deaths as the beneficiary. Mr. Daniels asked what they would need for documentation and Mr. Cloutier said it needs to be something legally binding. Mr. Daniels said they have a sale agreement and Mr. Brown said that isn’t what they are concerned about. Mr. Phinney said in doing this kind of thing before, having it on the recorded plan would work as it would say that this particular parcel of land could have no other subdivision or be divided. He said they can word it any way the Board wants it, so that no other land division could occur. He said they can have whatever they want on the plan. He said that if the Land Trust dissolves and another group takes it over, it would always stand that no development could ever occur further on this land.
Mr. Cloutier made a motion to table this to next month and let the applicants come up with wording that says the land cannot ever be developed. Mr. Phinney asked for a straw poll from the Board that if they did this, how is the Board feeling right now? He said he didn’t want to waste time and money if they were going to be told no. Mr. Cloutier said this is a good idea and he is looking to approve this with the right wording. He said with the right verbiage, he didn’t see a problem. Mrs. Frechette said she thinks it is the legality of the waiver. Mrs. Boxer said she is leaning toward saying no as there are lots of people in Town that have parcels of land on main roads and she feels this would be setting a precedent. Mrs. Boxer said she would want to do more research herself before she voted. Mrs. Whittemore said she is leaning towards a yes for the project. Mrs. Kimball said she doesn’t see a problem with 3 or 4 more curb cuts. Mr. Phinney said he wouldn’t have a problem tabling and getting on the agenda for next month.
Mr. Daniels asked about the documentation and could it be between Mr. Phinney, the Land Trust and himself. Mr. Cloutier said he feels they can come up with wording that will go on the plan and could be agreed upon by the Board. A motion was made by Mr. Cloutier and seconded by Mrs. Whittemore to table to next months meeting. All in favor with Mr. Brown abstaining from the vote.
The meeting was adjourned at 7:10pm.