Standish Planning Board Meeting Minutes

Meeting date: 
Monday, June 4, 2018

Standish Planning Board

                                                                      Meeting Minute       

                                                                       June 04, 2018

 The meeting of the Standish Planning Board was called to order at 7:00pm by Chairman Adam Higgins. Present were Charlie Brown, Deb Boxer, Jolene Whittemore, Gerald Lonnstrom, Roland Cloutier, Town Planner Bud Benson and Jackie Dyer, Admin.Asst. To the Town Planner. Absent was Mike Willette.

*Open Meeting

           a.        Call to order

           b.       Opening Statement from Planning Board Chairman

           c.        Declaration of a Quorum (6 present)

*Approval of Meeting Minutes from May 07, 2018

Mr. Cloutier made a motion seconded by Mr. Brown to approve the meeting minutes. All in favor.

*Hearings:

          a.    Old Business:

Item #1        Chris Duchaine, 525 Pond Road, Map 19, Lot 6- Preliminary Subdivision Application (Patriot Place)

Andy Morrill from BH2M was present to represent the applicant and Chris Duchaine was present also.  He said they have been here and have made the changes asked for. He said they have done the right of way between lots 3 and 4. Drainage easements have been added and the roadway design was done to meet Town standards. He said they submitted some revised plans today .He said they have revised those to be clearer and give the Town what they are asking for. He said the Town hired Peter Tubbs and he has signed off on the project as of this afternoon. He said they are looking for approval tonight.

 

Mr. Higgs asked if they had new submissions and Mrs. Dyer said they came in today at 3:00pm. Mr. Benson said he has not had time to review them yet and the Board has not seen them. Mrs. Dyer handed each Board member a copy of the revised plans. Mr. Higgins said that there is a workshop date of June 18, 2018 and this meeting could be continued. Mr. Benson said that would be good and he could review these final plans.

 

Mr. Cloutier said it would make sense to him to have a workshop with the applicant present and go over the plans submitted today. The Board agreed. Mr. Brown asked about the comments from Peter Tubbs and Mr. Benson said he received an email from him late this afternoon.

 

Mr. Duchaine said that he wanted to know how he could get comments from the Town about this project on a Friday and be expected to answer them before the meeting on Monday. He said Peter Tubbs signed off on this plan and why can’t he have approval now?  He said that Peter Tubbs was brought into this late and should have been on it from the start. He said the comments are not an issue and why can’t he have final approval. He asked if there are any issues and why can’t he have final approval now?

 

Mr. Benson said that the escrow account was set up by Mr. Duchaine a day late but they let it go. He said Peter Tubbs was on vacation and that set this back by a week. He told Mr. Duchaine that he could not hire Peter Tubbs until the escrow account had been set up. He said the delay was in the escrow account and getting the plans to Peter Tubbs. Mr. Duchaine said that he wants to know why another delay now as Peter Tubbs has okayed what they have submitted and he signed off. Mr. Benson said the check was late and the escrow was not established.

 

Mr. Duchaine said that we are kicking this down the road forever and he feels Mr. Benson will keep digging for more issues. Mr. Higgins said the items submitted today have not been seen from the Board and that’s how it works. Mr. Duchaine said that now the comments and okay are in from Peter Tubbs, they have to be reviewed again? He said that he doesn’t understand why he can’t have his approval. Mr. Higgins told him that they want to move this forward and not have him back before the Board constantly, but given the fact all of this information came in just a few hours before the meeting, they need additional time to go over what was submitted. He said the Board has not seen any of this and 3:00 was well after the submission deadline. Andy Morrill said that he hoped this would get moved forward and get approval. He said he understands the submissions were late. Mr. Duchaine said everyone should have seen this and Mr. Higgins told him that due to the lateness, and that the members of the Board have lives outside of here, none of them have seen this.

 

Mr. Morrill said that his only issue with a workshop and continued meeting on the 18th is that more issues could come to light and they still won’t have their approval. Mr. Cloutier said that he feels they should go to workshop and then have the meeting after. He feels they could move this forward after a workshop. Mr. Morrill said he hopes they can review the comments from Bud’s memo and get this resolved. Mr. Duchaine says he feels they have been through enough and he feels all of the issues are minor. He said Peter Tubbs memo says that these can be resolved and the Mylar signed. Mr. Cloutier asked Mr. Benson if he had a chance to review the latest submission and he told him no. Mr. Cloutier said that he feels that Mr. Benson needs time to review what was submitted today and then have a continued meeting with a workshop beforehand.

 

Mr. Morrill said that he wants to discuss the issues on Bud’s memo so that they don’t come to a workshop and then find more issues before the meeting. Mr. Lonnstrom asked if the applicants had met all of the conditions. Mr. Benson said that he had not had a chance to review them since writing his memo and the fact they were submitted late this afternoon. These items were not in his memo and he wants to review them in detail. Mr. Duchaine said that Peter Tubbs has corrected all of the items that needed to be done and he has given his okay. Mr. Duchaine said that ought to be enough to warrant his approval. Mr. Benson said they have had this information in the office for one day and he will need a chance to go over all of it. Mr. Duchaine said that he feels the Board should see the items Mr. Tubbs sent via email. Mr. Lonnstrom made a motion seconded by Mr. Cloutier to have the workshop June 18th at 6:00pm followed by a continued meeting at 7:00pm. All in favor.

 

Item #2          Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4-Site Plan Application for Unapproved Structures (excluding dwelling units)

Item #3          Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map 11, Lots 1-4-Contract Zone/Subdivision Application

Andy Morrill was present to represent the applicant. He said that things are moving along and there was a site walk held on May 14, 2018. He said they are working on revising the plans and removing all of the RV sites as shown on the plans. He said they are making more adjustments and there is a lot to be done. He hopes that they will have the revisions done soon. He said they have a meeting with the Town tomorrow and hoping this gets everyone on the same page. He is hoping this will prove a critical meeting and will move things along.

 

He said they needed to talk about the dwelling units and what they have to do to not have these be dwelling units and come into compliance. He feels this will be discussed in greater detail with the Town in the meeting tomorrow. He said that they will probably include the hollow logs homes in their site plan approval so they can rent those out this summer. He said he feels they are headed in the right direction.

 

Mr. Lonnstrom asked if they would be coming back at the next meeting and Mr. Morrill told him yes. He said they want everything on the plans the Board is looking for. The submission deadline for any new information is due to the Town by June 18th, in order to be on the July 02, 2018 meeting agenda. Mr. Benson said that for the general public, there are units out there that are not permitted and vehicles not registered. He said there are many structures out there that are not in compliance with the Town.

 

Elaine Burnham, co-owner of Acres of Wildlife spoke and said she felt the site walk went well and they are trying hard to comply with what the Town is asking for. She said they would really like to go forward especially with the log homes. She said they have no bathrooms or kitchens. She mentioned what they call their Pirate Homes and what they need to come into compliance with for those. She said they have a limitation on their liquor license and they would like to have it extended to September 15, 2018. She said they are coming into their busiest season. She said they will discuss a lot of these items in the meeting tomorrow.

 

Mr. Benson said the Town Council would be making the decision on the liquor license, not the Planning Board. Mr. Morrill asked if this application would be on next month’s agenda. Mr. Benson said in order to do this, they need to see progress. Mr. Higgins said they would be on next month’s agenda unless they don’t make any progress. Mr. Morrill said he doesn’t want to submit anything the Board is not looking for. Mr. Cloutier said that the memo pretty much outlines what they are looking for in the way of information, in both the site plan and the contract zone. He said they are two separate projects and should be submitted as that. He said this way it would move it to the Council quicker.

 

Item #4        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

Bill Partridge was present to represent himself. He said that he submitted last minute information also. He read what he had submitted to Mr. Benson and the Board concerning his application. He spoke about the consent decree from 1999 which enabled them to build in the right of way, including the stairs that are there now. He said that if a structure enters in a consent decree, that if removed then it is null and void and cannot be rebuilt, according to the Town Attorney’s legal opinion. He feels in light of the new information that he can just remove the stairs that’s in the road right of way and get approval to replace the existing footings and build the proposed structure.

 

Bill said he spoke with the CEO and he is okay with the plan he has. Mr. Higgins asked for questions from the Board. Mr. Brown said he feels they need to go through the two legal opinions they have and also the one from the DEP. Mr. Benson said that he sought the attorneys legal opinions and they are both pretty much the same. They both agreed the stairs are in the right of way and are not exempt from the consent decree. The Town Attorney said that there is no right to rebuild if things are removed. He said he found it hard to believe, but they were both of the same opinion.

 

Mr. Partridge said the deck would go in the same foot print. He said the stairs are perfectly fine and will stay where they are. He said the attorney’s legal opinions are very confusing as the deck is on their property entirely, but not the stairs. Mr. Higgins said the Board can grant a waiver for a setback. Mr. Benson said the front portion of the deck, according to the plan is in the right of way just like the stairs. They are both in the private right of way. Mr. Benson said the deck is minor but the complete set of stairs is completely in the right of way.

 

Mr. Benson said that in the new monumental plan, it shows all of this. Mr. Partridge said the consent decree happened during the construction of the home. Mr. Benson said that the Town Attorney also said the application should have not been accepted as some of the project is in the right of way and not on land owned by the applicant. Mr. Partridge said he is confused and said his attorney wanted to modify the deed and show that they could have their structure in the right of way. Ms. Boxer asked that with the consent decree, does it come null and void if they remove the structure. Mr. Benson said that is his interpretation as to what the Town Attorney told him. Mr. Higgins asked about the side setback and Mr. Benson said it was ten feet. There is fifteen feet now. Mr. Higgins asked if the stairs could be moved to the side, would this simplify things and Mr. Benson said he believed it would.

 

Mr. Partridge asked about excluding the stairs from the application and would it make any difference? He said if they don’t move them, they can’t get the equipment in to redo the footings and the deck. Mr. Lonnstrom said he is in favor of this application and he feels they are quibbling about three inches and this would beautify the area. He feels this is terrible and is upset over the whole thing. He said Mr. Partridge was given permission to do this and now it’s being taken away.

 

Mr. Higgins asked how the Board wants to proceed. Do they want a workshop, go through the standards or what do they want. Mr. Brown said he feels it’s worth getting another opinion and see what they would have to say. Mr. Lonnstrom said he feels this should be approved as is and go forward with what he wants to build. Mr. Higgins said with the Town Attorneys opinion, we can’t move forward until we know for sure about the right of way. Mr. Cloutier said that if Bill redefines his structure so that he is fully on how own property, can the Board give him the setback needed?

 

Mr. Benson said there is room for differences of opinion and the CEO does not agree with the legal opinions we have now. If he shortened the width by a foot, and leave the stairs, the existing stairs would not touch the deck if left where they are. Mrs. Boxer said she read the attorneys opinions. Mr. Partridge said that he felt the proposed deck was within his own property. The front portion of the deck is fully in the road and not on the applicant’s property. Mr. Partridge said the only reason he is here because he has inadequate footings and needs new ones. He wants to do the right thing and that’s why he is here.

 

Mr. Brown asked what condition the deck is in and Mr. Partridge told him it’s in great condition. Mr. Brown asked if the deck could somehow be supported to put the new frost wall in and Mr. Partridge said the house is slightly cantilevered and doesn’t think it was possible. He said the new frost wall is right beside the house and wouldn’t allow enough room for the equipment to get in. He said if they were just going around the perimeter, this might be possible, but he doesn’t feel it would work.

 

Mr. Higgins asked for any question from the Board. Mr. Lonnstrom made a motion for the application to be complete and approved as written, excluding the stairs. There was no second. Mr. Higgins said with no second motion, the Board cannot vote on the application so they go back to the drawing table. Mr. Brown made a motion to go to workshop and go over the attorneys’ opinions again. Mr. Higgins said they need more clarification and suggestions how they can do this to gain approval. Mr. Cloutier asked if they did do any modifications, do they have the authority to approve it even with the consent decree and the attorney’s opinions. Mr. Partridge said even if he does get a legal opinion on his own, would he be approved or not? Mr. Benson said he will try and get more clarification from the Town attorney but that would also cost more money. A workshop was set for June 18th, 2018 at 5:00pm. This application will also go on the agenda for the continued meeting at 7:00pm the same night.

 

Item #5         Eileen & David Burnell, 72 Watchic Road 19, Map 30, Lot 19- Shoreland Zoning Application to add on to existing cottage

Clayton Barker from CBC Construction was present to represent the applicants. He gave a brief over view of what the Burnell’s would like to do. He said the site walk was two weeks ago and he has revised the site plan for what the Board wanted. He said he has put the rip rap where it needs to go and he is looking for final approval. Mr. Higgins asked if the Board had any questions and Mr. Brown wondered if they should go down through what was not on the plan.

 

Mr. Higgins read down through the memo and stated what was not on the site plan. He said in the application there was a copy of a survey or plan. Mr. Benson said a survey was done and it was more accurate as it showed the property. Mr. Barker said the high water marks were established and the pins match up to what was on the original subdivision plan. Mr. Barker said that a survey costs a lot of money and this property has been in the same family for many generations.

 

Mr. Barker said that a 200 foot addition is all they are asking for. Mr. Benson said that they meet the setbacks and he did see one of the property plans. He said he likes a professional engineers plan, but he feels this was surveyed already as he saw one of the pins. He feels the Board would be fine with this application and moving forward. He said he looked where Watchic Road 19 is and saw the pins. Mr. Benson said in regards to the patio, if it’s to be removed and replanted, he had noticed a three foot drop in the existing grade and what would the proposed finished grade be? Mr. Barker said he has put the use of this in as limited grade and there would be no frost protection, so this would not be possible to do and have it last any amount of time.

 

Mr. Barker said they are dealing with the side yard and the proposed land contours would remain the same. They are only digging into the existing slope and then filling it in when they are finished with the addition. He has landscaped plans to give to the CEO when he applies for the building permits.

 

A motion was made by Mr. Lonnstrom to find the application complete and approved .This was seconded by Mrs. Boxer. All in favor. The conditions are as follows:

 

Per standards found in 237-12 C (2) the Planning Board approval of this site plan is limited to structure setbacks to the maximum practical extent. Existing structure to remain at its current location with normal high-water setback of 34 ft. and the addition placed on the easterly side, an attached new foundation with proposed 14 ft. sideline setback as shown on the Burnell Site Plan by Clayton Barker at a scale 1”=15’ and date stamped received May 16th 2018.

The following plans and calculations must be submitted by the applicant and approved by the Code Enforcement Officer before permits are issued:

Structure expansion floor area calculations per § 237-12 C. (1) (a),

 Maximum percent pervious lot coverage not to exceed existing per standards found in § 237-15 B.(4),

 Storm water design to reduce runoff and encourage infiltration per standards found in § 237-15 J.(1),

 Soils report with Erosion & sediment control plan per standards found in § 237-15 Q & R.

Clearing and a re-vegetation plan per § 237-15 P. (2) (a)

Per standards found in § 237-15 B (3) , the applicant’s proposed new structure appears to be within the FEMA delineated 100-year flood plain and will, at minimum, need an (Elevation Certificate) to prove to the Code Enforcement Officer that the lowest floor is at least 1 ft. above the 100-year flood elevation. The site plan shows a proposed building footprint of 228 sq. ft. The lowest floor elevation or openings of this building, including basement floor must be more than one foot above the FEMA 100-year flood elevation. The height of the proposed relocated building shall not be greater than the existing building height.

This approval and any permits issued under this approval shall lapse and become void unless the start of construction or operation as defined in   237-16. Administration. F “Expiration of permit.” A permit of the Zoning Ordinance begins within one year from the date of this approval. The Planning Board may extend this permit upon a showing of hardship, provided that the written request for extension is made before the expiration of the one-year period.

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.

 

*New Business:

Item #6        Leavitt-Tompson LLC.,  P.O. Box 703, Map 10, Lots 11 & 19C –Sketch Plan Review Application for “The Highlands” an 80 Unit Village Housing and 17 lot subdivision

Larry Bastion from Teradyne Consultants was present to represent the applicants. He said this subdivision would be located between Oak Hill Road and Route 25. He said the Board saw this project first about a year ago and they are new to the project. He said the previous plan was a bit different from the one they have now. He said the new plan is similar but the Route 25 end would be village housing, approximately 80 units. As the road goes on they have single family lots.

 

Mr. Bastion said that they haven’t change the plan a lot but they are proposing 4 unit buildings in pods that are on dead end cul-de-sacs. He said they have spaced them out more on the plan they have now and have adjusted the road location because of drainage and other concerns. He said that they have curved the road a bit more and they would have more lots along there also. He said this is in the form based village code and would be done under that. He said they feel confident the plan now would need a few adjustments. He said the biggest adjustment would be on the Route 25 side. He said the new road would be a connector road going through. They have showed rights of way that they need to and it’s very visible on the plans as old range roads and stone walls. He said that there are lots of accesses to that road and some easements also they have provided.

 

He said one of the challenges will be the storm water management issues as they are going into the Saco River and Sebago Lake Watersheds. He said he feels this is all very doable and would like guidance from the Town and the Board. He said they are looking forward to going ahead with this and feels that it’s a great project. He said that the waste water and storm water managements locations will probably need to be somewhat adjusted. He said this will all deal with setbacks and what the Town requires. He said they have used a buffer area as far as the setbacks of the septic’s are involved. They have used 100 foot setbacks instead of what the Town requirements are.

Mr. Bastion said if they need some off street parking they will work with that and also on the single family lots. He said they would like to come back to a workshop and see what they can do. He said they still have some permits to obtain from the DEP and hoping they would come back early next year with a final plan. The Board felt that a separate meeting for a workshop addressing this application only would be the best. A workshop was set for Wednesday, June 13, 2018 at 4:00pm.

 

Item #7        Ruby Nelson, 1000 Pequawket Trail, Map 7, Lot 1-Site Plan Application-Pine Root Farm for Retail Sales

 

Ruby Nelson was present to represent herself. She said they are looking for a change of use so they can sell things at the stand that are brought in from other farms. She gave a brief over view about how she came into farming and how her family has been farming in this area for over 200 years. She said she was home schooled and one of her projects was learning to run her own business. She and her sister were farming together and now they both run their own businesses successfully. She is in Steep Falls and her sister in Porter.

 

She said her father leases her the property so she can farm. She cleared 12 acres of the property and said her father always joked about selling the property to either a gas station or Walmart! She said she has been leasing the property from him for the last four years. She feels the business is very successful and they would like to expand a bit. They grow almost everything right at the farm and also do some whole sale sales in South Portland and a few farmer’s markets. They also have an apprenticeship where they teach other kids to farm and hopefully be successful.

 

She said they are very involved with the surrounding communities and donate a lot of their products to the various soup kitchens and food pantries. She said they have a lot of vegetables sometimes and know that people could use them. They also have something similar to a co-op where people buy in and get a selection of vegetables every week. She said this seems to be popular among the people and they like it. They also have a cookout for the community and invite anyone to join them. She shares all over Cumberland County and she also has a program called Rows for the Hungry. They also share this program with St. Joseph’s College. They hold workshops for the community like pumpkin carving for the kids and other things. Their goal this year is to plant and distribute 10,000 pounds of food.

 

Ruby went on to say a huge part of their effort goes in to helping the community. She says this application is for a change of use and they grow 90% of what they sell. They also have some fields in Baldwin as they do not have enough space for everything they would like to grow. They sell strawberries from local growers, apples, honey and some other things. She also brings in things from her sister’s field in Porter. They also like to sell from local farmers and producers like pickles, jams, bakery items and other things. They are trying to keep farming strong and local.

 

She showed a site plan of the existing property and some new things that are on the plan now like a chicken coup. Mr. Higgins told her the presentation was nice and Mr. Cloutier said she is like a breath of fresh air. Mrs. Dyer told her that her farm is amazing and her farm is the main reason they don’t have a garden anymore. Ruby said they love being there and being where they are in the community. Mr. Higgins said some delineated parking spots are needed on the plan. Ruby said there are no marked spots now, people just drive in and then go around the semi-circle to exit.  Their parking is all gravel. She said she will delineate the spots with something like a railroad tie marking where the parking is with signs, etc. She said all of her lighting is concealed and they also have concealed can lighting. Ruby said she is here now because they are selling other goods they don’t grow and now they are living there also, she would like the change of use to do this. The bottom floor, approximately 420 square feet, would be the retail space. They received a grant for a hoop house from the National Council on Farming. They would use this to extend their growing season, but this is not a retail space.

 

Everything they have is on the plan: a workshop has been added for her fiancé’s hobbies. They did get a permit for the chicken house from Dan Hill just recently. Mr. Benson said as far as agriculture approval use, that is done by the CEO. Mr. Cloutier asked about the residential dwelling and how much would be retail. Ruby said it would be around 420 square feet with them living on the second floor. Mr. Brown, Ms. Boxer and some other Planning Board members go there very frequently and didn’t feel a site walk was necessary. Mr. Higgins said it is his opinion this land is very flat and do they seriously need a site walk. She is within the Village Center District, and there is some pedestrian use in that area. Mr. Benson said that for a dwelling unit in that district, a side walk is required, it may be just a gravel path. Mr. Lonnstrom asked who would use the sidewalk. He asked how much pedestrian traffic there is to warrant a side walk.

 

Ruby said there are far more bicycle traffic than foot traffic in that area and she would be willing to do something if absolutely necessary. Mr. Cloutier said there is a shoulder there and a substantial break down lane. This is under the Town jurisdiction but the business person would be responsible for maintaining the sidewalk. Mr. Benson said that he doesn’t think the sidewalks in Town are snowblowed or cleaned routinely. He said in some towns, they clean the sidewalks and sidewalks are also a nice place to walk to keep healthy and such. Mr. Higgins said that he feels a sidewalk is not needed and Mr. Lonnstrom agreed.

 

Mr. Higgins asked if it’s permissible to have a hand painted parking sign and Mr. Benson said some spots should be delineated. She said she will do this and Mr. Benson said it doesn’t need to be paved, but it needs to be obvious to people where to park. There are 5 parking spaces needed and they are 10 feet wide per stall. Mr. Cloutier said they can craft a condition of approval for the parking. Mr. Brown asked about the gravel sidewalk and Mr. Benson said they could craft something or just strike it from the conditions of approval. Mr. Higgins said they should strike it and be done with it. Board members agreed to no sidewalk in the approval. The driveway and parking stalls are all gravel and shall be maintained by the applicant. Hours of operation are from 9-6 and they try and go to Thanksgiving if they can.

 

Mr. Lonnstrom made a motion to find the application complete, seconded by Mr. Brown.

All in favor. Mr. Cloutier made a motion seconded By Mr. Lonnstrom to approve the application. All in favor.

 

The following are the conditions of approval:

 

All parking lot lighting shall be concealed source. Specifications shall be approved by the Town Planner prior to installation.

The gravel parking area shall be maintained and available for a minimum of 5 stalls of (9’X18’) in size.

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 is subject to review and approval by the Planning Board, except for minor changes which the Code Enforcement Officer may approve.

 

Other Business:

 

          a.   Public Hearings:

Announcements:

Adjournment

 

The meeting was adjourned at 9:20pm.