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Standish Planning Board October 01, 2018 Meeting Minutes

Meeting date: 
Monday, October 1, 2018

Standish Planning Board

Meeting Minutes

October 01, 2018

 

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

Open Meeting

           a.        Call to order

           b.       Opening Statement from Planning Board Chairman

           c.        Declaration of a Quorum (there is a quorum with 5 present)

 

Approval of Meeting Minutes from September 10, 2018

Mr. Cloutier made a motion seconded by Mrs. Whittemore to approve the minutes as written with one correction that Mrs. Dyer said she would take care of. All in favor.

 

Approval of Finding of Fact:

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

Mr. Cloutier made a motion seconded by Mrs. Whittemore 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

                      

Item #2         Acres of Wildlife Campground/Michael Baptista, Acres of Wildlife Rd., Map     11, Lots 1-4-Contract Zone/Subdivision Application

 

Michael Baptista asked if they could move this hearing to a workshop on October 15, 2018. Mrs. Whittemore thought that we would have a regular meeting but Mr. Cloutier felt that they needed to move this to another workshop to go over everything that is needed. The application and all updates would be submitted by October 09, 2018 so that Mr. Benson could have some time to look the revised application over. He said they are looking for the HHE’s also. Mr. Baptista asked what was really wanted. Mr. Benson said they need a site plan evaluator to make smaller septic systems and not such big systems. Mr. Benson said they haven’t been permitted or installed but it would be nice to have designs in place for when they are needed.

 

Mr. Benson said there are quite a few items that are needed for workshop. Mr. Baptista said that the site evaluator has many different test pits for septic and the site evaluator can forward that report very soon. Mr. Brown said there are 7 major items to go over, especially the storm water plan. Mr. Baptista said that is one of the items we will be receiving on October 9th.

 

Mr. Cloutier made a motion to go to workshop again and be able to go over everything they have. The workshop was scheduled for October 15, 2018 at 7:00pm. Mr. Cloutier said a lot of what they can decide on will depend on what new information they receive. Everyone was in agreement provided all pertinent data has been submitted.

Item #2 is also Acres of Wildlife, but not something the Planning Board has to deal with. Mr. Cloutier made a motion seconded by Mrs. Boxer to table this item until further information is received. All in favor.

 

Item #3         St. Joseph’s College, White’s Bridge Road, Map 20, Lot 30-Site Plan Appl.

 

Mr. Brown said he would have to recuse himself from this application as it is being presented by his former company Sebago Technics. Jim Seymour was present to represent the College along with several from St. Joseph’s. He said he feels they have worked out several of the concerns that abutters have had about the project and are ready to move forward. He said there are many improvements to this property. Behind the barn will be the Hannaford Food Venture Center with an incubator for the greenhouses in the back behind the stone barn. He said the greenhouses will be built (only 3 right now), an expansion to the existing parking lot , a barn that will house no more than 60 animals and a parking area behind the barn along with a function room for meetings. They are putting some of the land into a buffer and have moved their well away from the abutting properties as this was a concern with some of the residents.

 

Jim said they have established the proper sight distance on White’s Bridge Road and all of the applicable traffic codes have been met. They are asking for a reduction in the speed limit to 30 and will bring this to the Town Council and the State. They feel this is a safety issue and with all of the traffic, it should be lowered.

 

Jim said that with the addition of the greenhouses, there will also be a mechanical building which will house the boilers and the pellets to run it. This boiler will heat the greenhouses and the incubator housed behind it. The incubator space may be connected to the stone barn down the road and will be fed by public water. They have provided the Fire Department with a set of plans and have been told they have no issues. They will have all underground electrical service for the venture center as well as the greenhouses. They have been rechecking numbers for groundwater and storm water runoff and anticipate they will have to pay 6300.00 to DEP as they will exceed the amount of allowed phosphorus.

 

They have also looked at the storm water runoff from the road and what they will have to do with that. There is a lot of natural buffer 100 feet from the road and this will not be disturbed in any way. On the plan they have references of how far away they are from the lake, from the main campus and other properties like the abutters next door and as far as Hearthside. The livestock area on both sides of the road will be pasture for whatever animals they will have such as goats and sheep. There will not be any cows. He said the numbers for a herd is 30-60 with 60 being the max they can fit into the barn. The lot will be very well landscaped with LED lighting and will keep in the antique look like the college.

 

Mr. Cloutier asked for public comments or comments from the Board. Mr. Benson said this project is very near preliminary approval and the storm water calculations along with the report from DEP. He said that he had a lot of things in his memo and he apologized for not getting the info out sooner. Mr. Cloutier asked if all of the Conditions of Approval are satisfied, can they do a preliminary and final approval. Mr. Benson said they can’t do both approvals as they are still waiting for DEP’s report, but they could do a preliminary approval. He said that with preliminary approval, they would be able to get started with their project as long as they meet the standards. Jim Seymour said he has had many discussions with Bud and they are up against some time constraints with the grants and getting the project started.

 

The following are the Standards they must meet for preliminary approval:

 

§ 181-73 Standards and conditions for approval.

No preliminary or final site plan shall be approved unless, in the judgment of the Planning Board, the applicant has proven that the plan meets all of the following standards.

 

181-73 Standards and conditions for approval

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.

Mrs. Boxer made a motion seconded by Mrs. Knight 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.

Mrs. Knight made a motion seconded by Mrs. Boxer than 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.

Mrs. Knight made a motion seconded by Mrs. Boxer 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. (This item is for preliminary approval provided DEP report becomes available.)

Mrs. Whittemore made a motion seconded by Mrs. Boxer that Standard D has been met. All in favor.

 

E.   The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.

Mrs. Knight made a motion seconded by Mrs. Boxer 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. Boxer made a motion seconded by Mrs. Knight that Standard F has been met. All in favor.

G.   The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard G has been met. All in favor.

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

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard H has been met. All in favor.

I.   The proposed site plan will not alter the existing character of the surrounding zoning district or division to the extent that it will become a detriment or potential nuisance to said zoning division or district.

Mrs. Boxer made a motion seconded by Mrs. Knight 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.

Mrs. Knight made a motion seconded by Mrs. Whittemore 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.

Mrs. Knight made a motion seconded by Mrs. Boxer that Standard K has been met. All in favor.

L.   Architectural drawings showing exteriors of proposed new nonresidential/commercial buildings in the Form Based Code Village Districts and the Village Center District shall be compatible with a Colonial New England design. Such design can be achieved by incorporating features such as, but not limited to, broken rooflines, clapboard siding, steeply pitched roofs, roof overhangs, small pane windows, dormers, and window shutters.**** THIS STANDARD DOES NOT APPLY

A motion was made to grant preliminary approval by Mrs. Boxer and seconded by Mrs. Knight. All in favor, with the stipulation that a letter is needed from Portland Water District and also the report and Finding of Fact from DEP.

Item #4         Steve Fallon, 125 Sucker Brook Road, Map 47, Lot 11-Shoreland Zoning

 

Rick Libby was present to represent Steve Fallon as well as Steve and Michelle Fallon. He said they have been at this application for a while. Rick said he met recently with Bud, Roger Mosley and Kirsten Ness from Portland Water District. He said they had to develop a plan showing run off of water and other things and the Board should have that plan in front of them now. Mr. Brown said he feels that the plan is adequate. Mr. Benson said he felt the plan is well done and the applicants can construct the road now and the drainage easements which will then be taken over by the Town. He said the road is so narrow and proper drainage was hard to do, but it has been done and done well.

 

Mr. Benson said it was determined that Sucker Brook Road is a Town road. He said once the drainage issues were taken care of they have a nice road that leads to their property.

 

The following are the suggested conditions of approval:

 

Per standards found in 237-12 C (1) b the Planning Board approval of this site plan is limited to structure setbacks to the maximum practical extent. Existing foundation to be demolished and removed from site and a new structure with proposed structure built on a new foundation constructed behind the 50 ft. setback as shown on the applicant’s site plan.

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),

 Erosion & sediment control plan per standards found in § 237-15 Q.

Clearing and a re-vegetation plan (include plantings on the lake side of the property with particular attention given to stabilization of the existing shoreline retaining wall, revegetation behind this wall and removal of concrete associated with building foundation to be removed) per § 237-15 P. (2) (a)

The easements for drainage and maintenance as shown on the site plan by Tom Greer, shall be deeded and transferred to the Town of Standish after review and approval by the Town Attorney prior to issuance of a building permit.

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.

 

A motion was made by Mr. Cloutier and seconded by Mrs. Boxer that the application is complete and meets the suggested conditions of approval. Mr. Libby asked about the road and did they need to do the upgrades now with the winter weather coming or could they have to wait until spring. Mr. Benson said that these are usually done right away after approval has been given. He said that if they didn’t want to do the road grading and erosion control, they would need to speak with the Code Enforcement Officer. Mr. Libby said that if they do this now and there is damage from the winter, are they liable to have to do it all over again. All in favor and the application was approved.

 

Item #5         Tom Daniels, 6 Apple Lane, Map 35, Lot 34 - Subdivision Amendment

 

Tom Daniels was present as well as Andy Nadeau from Horizons Engineering and also Jason Vardes. He said they have addressed the comments from Mr. Benson’s memo and Jason Vardes has the most replies from the comments. He said that Peter Tubbs had addressed the comments also. He said they are currently waiting for a letter from Portland Water District. He said their review is ongoing but feels they have addressed everything else. Mr. Benson said he had received the comments but haven’t much of a chance to do anything with them. Tom Daniels said he has a letter of financial capacity and Mr. Benson asked for that via email.

 

Andy said the only comment he has and wanted to address tonight was a note on the plan stating that the reference plan from the 1972 sub division stating that no home less than 30,000.00 can be built in the subdivision. He said that this doesn’t apply to the remaining lots 2 through 4. He said that note was meant to prohibit manufactured or mobile homes in 1972. He said it’s a moot point but felt it needed to be addressed. Mr. Benson said he agreed that having it on the plan is important as the previous planning board should have had it has a condition of approval. He feels it was a note added to the plan by the previous developer.

 

Jason Vardes said that he has some things he has added and he knows Mr. Benson hasn’t had a chance to look the plans over yet. He said he met with Peter Tubbs today and went over all of the comments from Mr. Benson’s memo and addressed them one by one. He said Mr. Tubbs was perfectly in agreement with all they are doing. He said he knows that they still need some work on the storm water runoff reports. We have one for the whole thing, not just this project. The size of the pond was enlarged by 20%, and he doesn’t have any other changes. Mr. Benson said that the new info that came in and hasn’t been gone over, he is recommending a workshop and then a continuance so they could gain at least preliminary approval. He said this isn’t on a large enough scale for it to go back to DEP.

 

Mr. Cloutier asked about the letter from Portland Water District and Jason said they feel they should have it back by October 15th, the day of the continued meeting. There is also a workshop for Phase 2.  Mr. Benson said if they table this tonight it will go to a continued meeting. The continued meeting is for 5:30 and then a workshop after.

 

 

Item #6         Standish Donuts, Inc., 30 Ossipee Trail East, Map 10, Lot 62- Site Plan Application to add a bypass lane

 

Owen McCullough was present to represent Standish Donuts. Mr. Brown abstained from this application as it is being done by Sebago Technics, his former company. He said that they have done all of the changes needed and asked Mr. Benson for comments. Mr. Benson said that he had an email from the attorney saying they didn’t want to do the access easement to Subway. He said that because of the drainage that runs through the property, it is hard to build a ditch and then have a culvert going onto someone else’s property.

 

He said that they have had a workshop last week and found it very helpful. They updated the landscaping with a couple of granite benches and a couple of new shrubs. He said the drainage ran down from Rt.25 to the slope and now they will have it run down to their own property via a new pipe and not going onto anyone else’s property. He said the access point for drainage was 24 feet to Subway. Now without that access easement, they can no longer do what they wanted to so have redirected it into a culvert. They have realigned the culvert to make up the difference and the wording on the plan is identical to the previous plan. He said their connection will be part of the approved documents and whoever builds an access easement down the road, this will be there on the plan if needed. The culvert has been fixed to go past where the easement would have been. Another culvert has been fixed on the plan as requested.

 

Mr. Cloutier said they have all seen the final plan and agree with it. He said he likes the benches. Mr. McCullough said the name will change to Dunkin and he asked about the sign being moved closer to the entrance. Mr. Benson said he would need to speak with the Code Enforcement Officer in relation to the new sign or moving it closer. He said with the vegetation on the lots and before, it’s a bit hard to see the existing one. He also told Mr. McCullough that if they wanted to clear some branches and such on their own land, they can. But he told him they can’t clear it from anyone else’s. Mr. McCullough said it would remain to the Dunkin property and they will work with code when they are ready to do something different.

 

Mr. Cloutier said it looks like they are ready to give preliminary approval. Mrs. Boxer made a motion seconded by Mrs. Knight to give preliminary approval considering that all of the Conditions of Approval are met. All in favor. The following are the Standards and Conditions of Approval:

 

181-73 Standards and conditions for approval

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.

Mrs. Knight made a motion seconded by Mrs. Boxer 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.

This standard is Non Applicable

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

Mrs. Knight 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. Whittemore made a motion seconded by Mrs. Boxer than Standard D has been met. All in favor.

E. The provisions for exterior lighting will not create undue hazards to motorists traveling on adjacent public streets nor are inadequate for the safety of occupants or users of the site nor will such lighting damage the value and diminish the usability of adjacent properties.

Mrs. Whittemore made a motion seconded by Mrs. Knight 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. Whittemore made a motion seconded by Mrs. Knight that Standard F has been met.  All in favor.

               G. The proposed development will not create undue fire safety hazards by not providing adequate access to the site or the buildings on the site for emergency vehicles or by failure to meet other fire safety ordinances or laws. The Fire Department shall file a written report with the Planning Board prior to the hearing.

Mrs. Whittemore made a motion seconded by Mrs. Knight that Standard G has been met. All in favor.

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

This standard is Non Applicable

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.

Mrs. Whittemore made a motion seconded by Mrs. Boxer 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.

Mrs. Knight made a motion seconded by Mrs. Boxer 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.

This standard in not applicable

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.

This standard is not applicable

M.  Within Form Based Code Village Districts, the plan must meet all of the following additional standards: Not Applicable

(1) The proposed development complies with the regulating plan and the applicable FBCVD street frontage type standards within the Form Based Code Village Districts.

Mrs. Knight made a motion seconded by Mrs. Boxer that Standards M 1 thru M 3 have been met. All in favor. Standards M 3, 4, 5, 6 are Non applicable.

(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 Form Based Code Village Districts.

(3) The proposed development adequately accommodates automobiles, while respecting the pedestrian and spatial form of public areas within the Form Based Code Village Districts.

(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 FBCVD street frontage type perpendicular to the existing FBCVD 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 FBCVD street shall be built to the minimum block length and other FBCVD 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 FBCVD 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.

(5) Provisions shall be made for phased construction such as conduit extensions and stubs. This information shall be located and noted on the approved site plan recorded in the Cumberland County Registry of Deeds.

(6) Underground utilities.

(a) On new frontage type FBCVD streets, utilities shall be buried.

(b) All developments shall be served by public water.

(c) The requirements for buried utilities and the provision for a project to be served by public water can be waived by the Planning Board pursuant to the standards set forth in § 181-35.9.

(d) When a waiver for requirements of buried utilities is granted by the Planning Board, the following additional standards shall be met:

[1] All new lots shall be greater than 60,000 square feet per dwelling unit without public water and contain a minimum of 175 feet of street frontage; and

[2] The aboveground utilities shall be placed behind buildings facing the FBCVD street minimizing visual impacts and interference with FBCVD streetscapes.

(e) Provisions shall be made for phased construction such as conduit extensions and stubs. This information will be located and noted on an approved site plan and recorded in the Cumberland County Registry of Deeds

Mrs. Whittemore made a motion seconded by Mrs. Boxer to grant final approval of the application. All in favor.

Item #7         Tom Daniels, Apple Lane/Village View, Map 35, Lot 34/Map 10, Lot6A-Subdivision Application (Brookstone)

Application

 

Tom Daniels was present as well as Andy Nadeau and Jason Vardes. This application has been tabled to a workshop at 8:00pm.

 

Mr. Brown asked about Form Based code and a 46 foot right of way. Mr. Benson said the 46 foot right of way is better along with the proper drainage and easements if needed. Mr. Brown said on the Daniels plan it looked like there are two right of ways and it looks like they go to nowhere on the Dunkin plans.. He said that Subway could legally stop Dunkin from going anywhere if they wanted to. Mr. Benson said this is something that the Town Attorney might want to take a look at and see what her opinion might be. He also said that this would be something to take to the Ordinance Committee meeting. The date is on the town calendar.

 

Mr. Cloutier made a motion seconded by Mrs. Whittemore to adjourn the meeting. All in favor. Meeting was adjourned at 9:00pm.