Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
December 05, 2022
The Standish Planning Board meeting was called to order at 6:00pm by Chairman Charles Brown. Present were Chris Struebing, Andrew Walton, Jolene Whittemore, Frank Nappi, Derek Wright, Town Planner Scott Hastings and Jackie Dyer, Admin to Town Planner and Planning Board. Absent was Deb Boxer.
Open Meeting
a. Call to order-Chairman Brown
b. Opening Statement from Planning Board Chairman Brown
c. Declaration of a Quorum (6)
Approval of Meeting Minutes from November 07, 2022
Mr. Wright made a motion seconded by Mr. Struebing to approve the meeting minutes as written. All in favor.
Approval of Finding of Fact:
- Daniel Smith, 169 Whites Point Rd, Map 57, Lot 9-Shoreland Zoning Application to build a new single-family dwelling
- DWN Management, 210 Boundary Road, Map 13, Lot 30-Subdivision Amendment to correct property line
- 5 Brothers Construction (DBA Brookstone)-Map 35, Lots 34- 17 & 18-Subdivision Amendment to add a new lot
Mr. Struebing made a motion seconded by Mr. Nappi to approve all Findings of Fact. All in favor.
New Business :
- Dianne & Chad Nason, 27 Bonny Eagle Pond Road, Map 22, Lots 21, 38-Shoreland Zoning Application to remove existing structure and build a single-family residence
Peter Biegel from Land Design Solutions was present as well as the applicants, Dianne and Jeff Nason. Mr. Biegel said that the Nason’s would like to demolish the existing cottage, move a few feet back and build a new residence. He said that a site walk had been done earlier today. He showed the lot and how it is laid out as well as the existing septic system. Peter said this is a rural zone with overlays. Mr. Biegel showed a survey with the existing conditions. He showed the coverage calculations and the 30 percent for the structure expansion and rebuilding.
On his next slide is what they are proposing to do. They are proposing to remove all of the pavement, demolish the cottage and move the deck. They will retain the workshop/garage and this will be renovated with a bathroom added. They would like to at some point build a new garage with a living space over it. Mr. Biegel said the new HHE 200 is in the packet. Peter said a site walk was done today and a question came up about the deck which they will now rotate to the side more and this brings them back further away from the water and parallel with the new house. He said they would make that change. Mr. Biegel said they are 900+ feet under what they are allowed as far as the structure but they are on target with their vegetated area and are below the allowed amount.
The following slide showed the deck on the water side and the front of the cottage. He said they would like to expand the porch on the side, but it would not go further towards the road or the water. He said the septic system they with the plan seems to work well with the tank in front of the house. He said their design is the least problematic and the flow will work very well with no issues.
Mr. Hastings said this is a very well-done application and very complete. He said the Board needs to decide as to what they want, do they want an updated plan? Do they want to see if this can be moved further away from the water? Mr. Brown said that he feels an updated plan can be added to the Conditions of Approval given to staff before any permits are issued. Mrs. Whittemore said on the plans she would like to see the correct size of the porch, the relocated door, and the side porch. Mrs. Whittemore said that the square footage calculations need to be corrected. She said she has questions on the basement and on the egress, as she sees no window. Mr. Biegel said they do need to add an egress window to the plan, and it will not add to the non-vegetated surface.
Mr. Brown said he noticed that the HHE200 was made for six bedrooms. Mr. Biegel said this was for further use if they add the garage with a living space, plus the added bathroom in the workshop. Mr. Brown said that the trees cut are already old dead stumps and will be removed at some point. He asked for public comment and there was none. He went over the Shoreland Zoning Review Criteria and the new condition of approval that needs to be added. Mrs. Whittemore made a motion seconded by Mr. Struebing that the application is complete. All in favor.
Mr. Brown read the following:
“Move that the Planning Board grant approval under the provisions of the Standish Land Use code for the application submitted by Land Design Solutions, on behalf of Dianne and Chad Nason, for the removal and replacement of a legally non-conforming home at 27 Bonny Eagle Pond 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 –
- All work shall be in conformance with materials and plans submitted by Land Design Solutions which consists of site plans, building elevations, and supporting application materials.
- This approval shall lapse and become void after one year if a substantial start is not made as laid out in §237-16 F.
- 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 renovated deck and new house will be setback from apparent normal high-water line as shown on plans and 35.9’ respectively and this represents a practical relocation as allowed under the ordinance.
- 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 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.
5. The applicant will present a revised set of plans to Staff showing the corrected calculations, architectural features, egress window and the proposed amendments to the deck rotation, prior to the issuance of any building permits.
Mr. Struebing made a motion to approve the application, seconded by Mr. Nappi. All in favor.
Public Hearing:
- Amendments to Standish Town Code, Chapter 181, Land Use, FBCVD SCD TA, Allowed Uses
- Amendments to Standish Town Code, Chapter 181, Land Use, FBCVD
Mr. Hastings said that there are two separate things, and he would start with the form-based code for the Standish Corner District. He said the Ordinance Committee received a request to allow storage facilities, he said they are not clearly defined and are different from a warehouse. He said these would be primarily self-storage facilities and the petition submitted specified that. He said this would be a special exemption use and would require an Appeals Board approval. Mr. Brown wanted to know if this zone was located at Rt.25 and 35. Mr. Hastings said it entails where the Town Hall is, the Gorham/Standish Town line and out on Rt.25 where the former Standish Tire was located.
Mr. Hastings said they are talking about the Town Avenue and Street Frontage types, a portion of Rt.25 and a portion of Blake Road. He said that if these were allowed, they would have to build a town avenue road. Mr. Struebing asked about the size of the storage units and Mr. Hastings said there are restrictions like any other building.
Carolyn Biegel spoke and said that she is in opposition. She said she knows it is listed as a conditional use and if this is put into the Ordinance as conditional, it eventually happens. She said she was on the Town Council and served as Chair of the Master Plan Committee. Mrs. Biegel said when she was working on the Committee they were chosen as a model town. She said with this they were able to get a lot of help in planning the Town and what they wanted to see. She said she knows there is developmental pressure and that can lead to strip developments. She said they were fortunate to have all the help and adopt the Comprehensive Plan.
Mrs. Biegel said the plan was completed and legally adopted so they can implement the plan and the vision. She said when the comp plan was done in 2006, it was very considerate about retaining the rural character of the community and create the population density needed to create growth and that growth is needed if you want businesses to be sustainable and thrive. She said a lot of the growth was outside of the center of town and they were getting what they wanted as in a historic, New England town. Carolyn said that the backlands we have are widely wide open and, in the plan, they wanted the neighborhood creation to take place as there is public water, good soils for subsurface treatment, no sensitive or protected species, the historic church, the school and the shopping center. Carolyn said that the school will probably be expanded, and all of the backland neighborhoods are great places to build on. She said that if all of that land is used for a storage facility, all the plan for the land sinks and doesn’t ensure the neighborhood for walking and being neighbor friendly. She said the Comp Plan wanted ways to support the people and what they wanted as neighborhoods. She said if a development came, let’s find the appropriate place to construct it. She said she maintains that this use should not be an allowable use in the Village Center. She said she feels the Town needs to maintain being consistent and think about the different areas that can be used and enjoyed. She said she feels this use was not one that was in the Plan and not one that was wanted in the Village Center. She feels we should stay true to the Plan and give things a chance to work.
Mr. Nappi said that he felt this was a good history lesson. Carolyn Biegel said they were chosen to be on committees and sometimes they lasted for two years or more. She said many people put in a lot of work and we need to be paying attention to what the Plan says. Mr. Brown said that the Planning Board does not take action on these Ordinance changes but sends it to the Council. Tony Folsom said his concern was where the entrance and exit are and the traffic. He said he feels this is the only the beginning of this project and what the traffic study will look like and before they are approved. Mr. Hastings said this would be reviewed by the Board of Appeals and Planning Board.
Walter Stinson said he is here on behalf of Dana Lampron and he said he went before the Council in the Spring to explore these possibilities. He said the Council stated they did not want to allow this use across the whole zone. He said the Council decided this would go to the Appeals Board for a special exception. He said if the project does not meet the standards, then it stops. He said he understands that the Planning Board is just hearing things tonight and they might make some recommendations to the Town Council. Mr. Hastings said the Board has the right to voice their opinions to the Council. Mr. Wright said this change will affect each one of us here at some point.
Mr. Hastings said the intent of this is to respect what is in the Comp Plan and keep the vision of the Ordinance intact. He said it hopefully will remove some of the confusion as to how the Ordinance reads and remove any contradictory language in order to meet the Ordinance. He said they are trying to consolidate all the uses into one and have it remain functional and streamlined. He said they are trying to remain reasonable and clear as well as define the Ordinance. He said that the changes will impact the Board. He said it would change the use but not the form with a site plan and change of use. Mr. Hastings said it will not change the character of the site, but a change of use. He said the other change will be with building form standards and that the intentions meet the district ordinances and architectural standards. He said they are trying to make the ordinances clearer. He said this is a complicated and intricate process.
Mr. Walton asked about the bike lanes and Mr. Hastings said it would be a five-foot lane and not a three-foot lane. Peter Biegel asked about the site plan and not having to come in for a change of use. He asked if the Town would be able to keep track of what businesses are out there. He said that a lot of businesses are changing and is the town doing something to have some leverage over this? Mr. Brown said the Code Enforcement Officer would oversee this. Mr. Hastings said that for example, a doctor’s office is being taken over by another doctor, no change of use is needed. He said that if a doctor’s office changes to a real estate office, that would be a change of use. Mr. Wright said that if a structure has a designated use, what would the Town do if a different business moved into a non-conforming lot. Mr. Hastings said that would come under Planning Board review and scrutiny. Mr. Brown said the Code Officer does look at prior approvals and are they being met?
Carolyn Biegel said that she was concerned about Aroma Joes and what they have been discussing as it has less curb appeal than ever. She said the Ordinance was tweaked a little when they were approved to allow a drive through. She said that when Standish was doing their form-based code, businesses could be separated by walls or ceilings. She had provided a slide of the Aroma Joe’s in Gorham along with the nail salon and a restaurant. She said the building looked dense with dormers and windows to make it look like residences were there, patios, bike rack and the queue is behind the building, so it doesn’t spill out onto the main street. She said this building beautifies the surrounding communities with four businesses or more. The next slide showed some visuals like they had in the Comp Plan showing desirable streetscapes, which she said we lack in Standish. She said that there were very talented people that did many sketches showing what they would like in the plan.
Carolyn showed the new building located in Gorham that has a bowling alley, functions rooms, businesses, a bar and 33 residential units. She said this is located in the backlands and people were outside walking and enjoying this area. She said that is what Standish is looking for in making the village thrive. She said it’s attractive to people and gets people together as well as makes things successful. She said she is sad about the changes and the visuals and those gave her an immediate feel as to what people really wanted. She said they strived for predictability and what is compatible with what is being built. She said she hopes that as we are making needed changes, we are not losing the vision of what their vision and sights were set on.
Mr. Brown said that to have development like that you would need public sewer. Mrs. Beigel said the lots are a lot smaller in the backlands and you can have a vast variety of different buildings with different types of architecture. She said that people are attracted to many different things, some attractive and some not so attractive. She showed the picture of Family Dollar and said that it does not look anything like any of the renderings in the Comp Plan and said to her it was an urban blight on the main street. She said two people on the Planning Board adamantly opposed the project but allowed it anyway. She said instead of adding to the town, it detracts from it. She said these are her thoughts on moving forward.
Tony Folsom said he is concerned about the traffic around Aroma Joes and using the entrance to his business. He said that customers don’t come in as they are being blocked from getting into the driveway of Butterfly Gift.
Mr. Hastings said this will be on the agenda for the Town Council on December 13, 2022.
Mrs. Whittemore made a motion to adjourn and this was seconded. All in favor. Meeting adjourned at 7:25pm.