Standish Planning Board Meeting Minutes

                                                            Standish Planning Board

                                                                   Meeting Minutes

                                                                 November 07, 2022

The meeting of the Standish Planning Board was called to order by Chairman Charles Brown. Present were Chris Struebing, Andrew Walton, Jolene Whittemore, Frank Nappi, Deb Boxer, Derek Wright, Town Planner Scott Hastings and Jackie Dyer, Admin. to Town Planner and the Planning Board.

Open Meeting

           a.        Call to order-Chairman Charles Brown

           b.       Opening Statement from Planning Board Chairman Brown

           c.        Declaration of a Quorum (7)

Approval of Meeting Minutes from October 03, 2022

Mr. Struebing made a motion seconded by Mr. Nappi to approve the meeting minutes as written. All in favor.

Approval of Finding of Fact:

• R.J. Grondin & Sons, 295 Middle Road, Map 9, Lot 15 Blasting Application

Mr. Wright made a motion to approve the Finding of Fact, seconded by Mr. Struebing. Six for with Mrs. Boxer voting no.

• Mark Chartier, 905 Ossipee Trail W, Map 5, Lot 11-12-Site Plan Application for a bottle redemption center (L & M Redemption)

Mr. Struebing made a motion to approve the Finding of Fact seconded by Mr. Nappi. All in favor.

Old Business

• Daniel Smith, 169 Whites Point Rd, Map 57, Lot 9-Shoreland Zoning Application to build a new single-family dwelling

Wayne Wood was present to represent the applicant. He gave a brief view of what the applicant would like to do as far as building on the property. He said that everything the Town has asked for they have, and they have modified the septic system, as it was too large for the property. He said they have now gone with a 2000 gallon holding tank with an automatic alarm system and this is shown on the site plan. Wayne said that he believes they have the email that says an HHE 200 would be supplied after the revision and an HHE233. Mr. Hastings said he spoke to the Code Enforcement Officer, and he believes this meets the standard and will work. Mr. Hastings said he feels the Town has everything they need, and he has nothing to add other than the HHE200 and is the Board comfortable with what they have?

Mr. Hastings said that the tank is allowed and meets the volume and septic requirements as per the State. Mr. Wood says the tanks are well designed and used frequently in instances like this. Mr. Nappi asked what didn’t work and Mr. Wood said that the drafting plan with the septic did not work and would have been feet off the property and would not meet the requirements of the State or the Town. He said if they went with the current system, it would touch the tip of the porch.

Mrs. Boxer said she has a whole bunch of questions and said she thought you could not do a holding tank in the shoreland zone. Mr. Hastings said this is a replacement tank and filed under that. He said a new tank for a system would not be allowed, but this has an existing tank, so it’s allowed. Mr. Brown said this is under a septic system variance. Mrs. Boxer asked if the Water District was involved and allowed this. Mr. Hastings said that the Code Enforcement Officer goes over all shoreland systems with the Water District. Mrs. Boxer asked about the size of the lot and said the tax records show .07 acres and asked if that was right, Mr. Hastings said it is very close. Mrs. Boxer asked about the removal of the cottage and the 1500 square feet of the replacement structure. She said the original size was 1227 square feet and how could the 30 percent happen. Mr. Hastings said he broke it all down and reviewed the numbers. Mrs. Boxer asked about not counting the deck and Mr. Hastings said that you do count it. She read some definitions and Mr. Hastings said we are not dealing with this for this application. He said the total footprint is for structures and that includes everything, patios, decks, etc. Mrs. Boxer showed pictures of trees that were on the lot and wanted to make sure when replanting that they are put where they are supposed to be. Mr. Hastings said that Mr. Paul, the CEO, was taking care of that.

Mrs. Boxer said she sees trees coming down and then replanted elsewhere. She said when they replant, they are supposed to be near the tree removed. Mr. Brown asked about a big maple that was there and Mr. Wood said it is on the plan and will remain there. There are two trees being taken down at some point with an arborist’s recommendation. Mrs. Boxer gave Mr. Brown pictures of the road where it floods in front of this property. She said the road floods every year in the Spring and makes the road a hazard. She read some definitions and said her concern was that there is already a flooding issue on this road and the water drains across the front of the property and her concern is when they build up the septic, it will cause more problems. Mr. Brown said a holding tank does not have a raised berm and that will not happen. He said if a septic is built, you would have a mound, and this is not what they are doing. He said the tank will be even with the ground.

Mr. Brown said the Board has a survey prior to the structure being taken down and the plantings are being worked out with the CEO and the Water District. The Board went through the Shoreland criteria and made changes/additions to the conditions of approval. Mr. Brown said prior to any building permits being issued the applicant will have to provide an updated HHE200 and an HHE233. Mr. Brown said that should be made a condition also.

Mrs. Boxer asked for the photos of the trees to be included in the record. Lou Stack asked if the holding tank was temporary, and Mr. Wood said that it’s permanent and is a 2000-gallon tank. Wilma Stack said that she owns the lots across the street and wants the applicant to know that the flooding was nothing she did but by another abutter as it raised the water table in the ground.

Mr. Brown said he feels the Board has addressed everything needed. Mr. Struebing made a motion to find the application complete, seconded by Mr. Walton. All in favor. Mr. Brown read the following:

“Move that the Board grant approval under the provisions of the Standish Land Use code for the application submitted by May Meadow Builders Inc., on behalf of Dan Smith of Harborway Drive Associates, for the removal and replacement of a legally non-conforming home at 169 Whites Point Road in Standish. Having found the application to meet the requirements of §237-12, §237-15, §237-16, and all other applicable sections of the Standish Code of Ordinances with the following conditions:

V. CONDITIONS –

1. All work shall be in conformance with materials and plans submitted by May Meadow Builders Inc. which consists of site plans, building elevations, and supporting application materials.

1. This approval shall lapse and become void as laid out in §237-16 F which reads: “Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.”

1. The replanting plan must be approved by the Code Enforcement Officer and Portland Water District before any trees are cut or any other sitework is done.  No building permits shall be issued without this plan.

1. 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. The new structure will be setback from apparent normal high-water line by approximately 50’ and this represents a practical relocation as allowed under the ordinance.

1. 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 or applicant’s agent (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.

1. Prior to issuing any building permits, the plumbing permits for the HHE200 and HHE233 are to be submitted and approved by the Code Enforcement Officer and DHHS.

Mr. Struebing made a motion to approve the application seconded by Mrs. Whittemore. All in favor.

• Patrick Michaud, 6 Apple Lane, Map 35, Lots 34-17 & 34-18-Site Plan Application for village housing-APPLICATION BEING WITHDRAWN

New Business:

• DWN Management, 210 Boundary Road, Map 13, Lot 30-Subdivision Amendment to correct property line

Wayne Nelson was present to represent his company, DWN Management. He said he was before the Board for the change of a lot line in an older subdivision called Foster’s Acres. He said they need to amend the original subdivision with a land swap and a lot line. He said they found the error back in July when it was surveyed. He said they thought the Town could approve this change, but found it needed to be amended and approved by the Planning Board. Mr. Hastings said they need to make sure the lot is all set with the pins being set at the new lot line. Mr. Brown asked about the abutter and the lady said they are all set. She said the banks have been notified and agree, as well as them.

Mr. Brown asked about pins being set and Mr. Hastings said that can either be waived or modified. Mr. Nelson said the surveyor went and set the new boundary pins. Mr. Brown said these need to be on the new plan and Mr. Nelson agreed. This will be submitted to the Board before being signed. Mr. Hastings said the applicant would not need another meeting to have the plan signed and taken to the Registry. Mr. Brown read the following:

“Move that the Board grant approval of the lot line amendment of the Foster’s Acres Subdivision as submitted by DWM Property Management having found it to meet the review criteria of Chapter 181 – Part 3, Subdivision Regulations, all other relevant standards of the local ordinances and the requirements of Title 30-A, Chapter 187, §4404 of the Maine State Statute for Subdivision Review, with the following conditions:

V. CONDITIONS –

1. This approval is an amendment to a previously approved plan and review was limited to those elements of the plan that have changed.  Any standards or conditions of previous approvals are still in effect.
2. No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the code enforcement officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.
3. The revised subdivision plan shall be recorded at the Cumberland County Registry of Deeds within 90 days of approval and a copy of the recorded plan shall be submitted to the Planning Department.
4. Applicant shall provide a copy of the plan showing the lot iron pins as set by the surveyor prior to the Board signing the plan.

Mrs. Boxer made a motion to waive the granite monument requirement, seconded by Mr. Struebing. All in favor. Mr. Nappi made a motion seconded by Mr. Struebing to find the application complete. All in favor. Mrs. Boxer made a motion seconded by Mr. Struebing to approve the application with the conditions as read. All in favor.

• 5 Brother’s Construction (DBA Brookstone)-Map 35, Lots 34- 17 & 18-Subdivision Amendment to add a new lot

Tom Daniels was present to represent 5 Brothers Construction. He said they are looking for an amendment of lot lines and the creation of a third lot. He said this was originally on the plan but had a right of way going through it.

Mr. Hastings said this meets the ordinance and is in compliance. He said the only concern he has is Lot 18 that has a drainage easement that moves the culvert slightly but has no concern with the proposal. He said that the Board needs to be furnished with the new plan. Mr. Brown said that the culvert and the basin need to be shown and should be inspected by Roger Mosley.

Mr. Brown asked if there was an agreement between the Savage’s. Mr. Daniels said they do have an agreement with them and approve of the lot line adjustment. Mr. Hastings said the lot line change was part of the former application. Mr. Daniels said the Savage’s are contacting their bank to see if they approve of the change. Mr. Brown said he was okay with this, and Mr. Nappi agreed ,as the value is in the house, not the lot.

Mr. Brown said there will be less traffic than multifamily housing would generate.

Mr. Brown said he thinks the diameter of the basin is a misprint. He said the basin is in the potential public right of way. Mr. Brown said a condition needed to be added that there would be agreements from the abutter and the bank provided to the Planning Board.

Tony Folsom said he was concerned for a neighbor that a lot in the subdivision was being backfilled. Mr. Daniels said this lot is not one of them, but they are storing a bit of soil on a lot to the side. He said they would not ever build on a backfilled lot or start footings on anything but virgin soil. Mr. Folsom said that they keep coming back to the Planning Board and wanting more and more. He asked if they were looking for a variance or what were they looking for? Mr. Daniels said there is a lot across the street that is low lying and not one they would ever build on. He said materials are just being stored, not used as backfill.

Mr. Hastings said a condition needs to be included that Roger Mosley approves the drainage structure and the Board needs a letter of agreement from the bank and the abutters. A motion was made by Mr. Nappi and seconded by Mr. Struebing to find the application complete. All in favor. A motion was made by Mrs. Boxer and seconded by Mr. Wright to approve the application with the following conditions:

“Move that the Board grant approval of an amendment of the Brookstone Subdivision to adjust the lot lines of lots 17 and 18 and create a new lot 21 as depicted on plans submitted by 5 Brothers Development having found it to meet the review criteria of Chapter 181 – Part 3, Subdivision Regulations, all other relevant standards of the local ordinances and the requirements of Title 30-A, Chapter 187, §4404 of the Maine State Statute for Subdivision Review, with the following conditions:

      1.         This approval is an amendment to a previously approved plan and review was limited to those elements of the plan that have changed.  All conditions and waivers of previous approvals outlined on Sheet 3 of 3 of Plan entitled “Brookstone Subdivision” submitted by Andrew Nadeau of Horizons Engineering from the August 2022 approval and recorded in the Registry as Book 222 Page 292 are still in effect.

2.         No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the code enforcement officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.

3.          The revised subdivision plan shall be recorded at the Cumberland County Registry of Deeds within 90 days of being signed by the board and a copy of the recorded plan shall be submitted to the Planning Department.

4. A letter of agreement from the abutters and from the bank showing approval for the lot line change.

5. The drainage basin is to be approved by Roger Mosley and the plan updated before being signed by the Board.