STANDISH PLANNING BOARD MEETING MINUTES
Standish Planning Board
Meeting Minutes
February 06, 2023
Open Meeting
a. Call to order by Chairman Brown at 6:00pm
b. Opening Statement from Planning Board Chairman Brown
c. Declaration of a Quorum (5)
Present were Charles Brown, Derek Wright, Deb Boxer, Andrew Walton, Chris Struebing, Town Planner Scott Hastings and Jackie Dyer, Admin.to Planner and Planning Board.
Absent were Frank Nappi and Jolene Whittemore
Approval of Meeting Minutes from January 09, 2023
Mr. Struebing made a motion to approve the minutes as written, seconded by Mr. Wright. All in favor (4) with Mrs. Boxer abstaining.
Old Business:
- Rick Richardson 167 Whites Point Road, Map 57, Lot 10-Shoreland Zoning Application to demo existing dwelling and construct a single-family dwelling with attached garage.
Dustin Roma from DM Roma Consulting was present to represent the applicant. He gave a brief overview of the project. He said they had a site walk and went over the drainage and other items the Board was concerned about. He said they have adjusted the site of the building to accommodate a 10-foot set back. Dustin said they found the septic on the State’s website and provided that to the Board. He said that Roger Mosley came to the site and said that he felt what was being proposed for storm drain management is adequate and he is in agreement with. He said they updated the garage on the plans and everything relevant to the project. He said there have been many concerns about drainage and he feels they have covered and done everything needed. Dustin said they have an agreement with the Road Association in place and intend to move forward.
Dustin said the septic cannot go back any further than it is now, but the building is being moved back at least several feet from the water. He said they will work with Code Enforcement as far as the trees coming down and plantings that need to be done. He said he feels that they have address everything. Mr. Hastings said he sees no complications with the application, and they have addressed everything that was asked for. Mr. Brown said at the site walk they looked at the site and the trees coming down, some will have the roots excavated will be through the roots as there is no other choice. He said they looked at the staked-out septic and it’s about 10 feet from the proposed structure. Mr. Brown said the water was running through the pipe that day. He said they looked at the channel in back of the garage and that was running around and through the pipe as well. He said the adjacent land to the South is wet. He said there was debris that could be cleaned out, but that part of the property is wet.
Mrs. Boxer said that as long as the grading was done, this would take care of the flooding issue she feels. Mr. Roma said that the replacement of the smaller pipe with a much larger one will give better access as it’s not going under a building like it does now. He said the pipe would be better as far as clearing it out and not blowing anything into the lake. Mr. Brown said that he is unsure if the wet area will ever be dried completely as there is a lot of vegetation present. He asked Mr. Roma how much cover Mr. Mosley was asking for over the pipe under the road. Mr. Roma said that they really didn’t discuss that but they would fill it so that that there was not any hump in the road left.
Mrs. Boxer asked about the septic and where it’s 39 years old, could a motion be made to have it evaluated by a licensed engineer and the drainage system being installed be the homeowner’s responsibility to maintain, including the ditch behind the garage (on easterly side of road). Mr. Brown said they would use a licensed site evaluator for something like that. Mr. Roma said they would have this done and this is a concrete chamber system, not what it is used now. He said this is also a pump system and if there are ever issues, they will see issues with drainage like water on the ground. Mrs. Boxer asked if the two pines that were on the side of the house could be replaced too(on the southerly side). Mr. Roma said those can be added to the revegetation plan when submitted to the Code Officer. Mr. Hastings said the replanting condition is already there and they can add a sentence to that about the previously cut trees and another condition relevant to the septic system, prior to issuing an occupancy permit, it needs to be evaluated. Mr. Walton asked about cleaning the drainage system and Mr. Roma said it would be very apparent if there was an issue as flooding might occur if it were not cleaned out. There were no other comments.
Mr. Walton made a motion seconded by Mr. Struebing to find the application complete. All in favor and Mr. Brown read through the following:
§237-16 D. Shoreland Review Criteria.
Shoreland application review criteria are found in §237-16 D.3 After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
(a) Will maintain safe and healthful conditions; (With the conditions of approval listed below, no issue.)
(b) Will not result in water pollution, erosion, or sedimentation to surface waters; (Proper erosion control measures are proposed. The new, larger culvert should better handle stormwater movement across the site.)
(c) Will adequately provide for the disposal of all wastewater; (The existing system will be retained, and it is adequately sized.)
(d) Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat; (No adverse impact is anticipated).
(e) Will conserve shore cover and visual, as well as actual, points of access to inland waters; (The applicant is proposing to remove multiple mature trees as part of this project. No replanting plan has been submitted but the applicant has stated that they will develop one with the assistance of the code office. The Board can consider conditioning approval such that the CEO approves an appropriate replanting plan.)
(f) Will protect archaeological and historic resources as designated in the Comprehensive Plan; (The proposal will protect archaeological and historical resources).
(g) Will avoid problems associated with floodplain development and use; and (The structure is not in a flood plain).
(h) Is in conformance with the provisions of § 237-15, Land use standards. (The proposal is legally non-conforming as covered above. No non-conformities will be made worse by this project and the side setback encroachment will be corrected. The project is otherwise in compliance with these standards.)
Mr. Brown said that if the Board has no other concerns he would read the following:
“Move that the Board grant approval under the provisions of the Standish Land Use code for the application submitted by DM Roma Consulting Engineers, on behalf of Rick Richardson, for the removal and replacement of a legally non-conforming home at 167 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 –
- All work shall be in conformance with materials and plans submitted by DM Roma Consulting Engineers which consists of site plans, building elevations, and supporting application materials.
- This approval shall lapse and become void in one year as laid out in §237-16 F.
- A replanting plan must be approved by the Code Enforcement Officer and other authorities as relevant before any trees are cut or any other sitework is started.
- 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 37’ 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 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.
6. The existing septic system will be inspected by a licensed site evaluator
prior to the issuance of an occupancy permit.
7. The new drainage system must be cleaned and maintained by the owner
This includes the ditch around the garage that is located across the road
on the easterly side.
Mr. Wright made a motion seconded by Mr. Struebing to approve the application.
All in favor.
New Business:
- Shaw Earthworks, 333 Pequawket Trail, Map 5, Lot 70-Blasting Application
Brian Shaw and his brother Brad were present to represent themselves. Brian said they are here for a Blasting Permit as they have a high ledge, they need to get rid of so the road will drain properly. He said they would create a kind of small pond that will catch the water and drain internally into the ground. He said this is a volume issue. He said the pit internally drains and they want to keep that going. Mrs. Boxer asked about the pond and Brian said that it’s a stormwater detention pond that is part of their gravel pit plan. He said the stormwater runs off from the road into this and then absorbs into the ground. He said that this is not deep and just a runoff. Mrs. Boxer asked how many acres they have open and Mr. Brown said 15.8 acres. Mrs. Boxer said they had 29, Brian told her that was what they came to the Board for approval for, but do not have that much open. Mrs. Boxer asked about the open pit and how many acres. Mr. Brown said they were approved for 29 open acres, but they have over a hundred acres.
Mr. Shaw said once they get 15 open acres in the back pit, they start to reclaim the front pit and have done some of it already. Mrs. Boxer asked if they have issues with people going in and shooting and Mr. Shaw said yes. The people were asked to leave and did. Mrs. Boxer said that shooting has been an issue in that area and in the Grondin pit also. She said they do not need lead going into their materials. Mr. Struebing asked about the ten blasts and how would this happen. Mr. Shaw said the blasts are not big blasts or consecutive. He said they blast once and then spend two days drilling the ledge. They will keep blasting and drilling and may not use all ten blasts. Mr. Hastings said they are quite a way from any abutter or neighbor. He said they need to be at least 300 feet from any structure but are far more than that. Mr. Walton said Highlands notifies people and Mr. Hastings said there are a lot more people there and closer by.
Mr. Hastings said that if anyone is concerned about the blasting, they can reach out to the CEO or the applicant to get a list of people that are nearby. Maurie Hill asked when they would start blasting and Mr. Brown said Spring 2023, weather permitting. Mr. Shaw said they would like to get it done before the people come to stay around the lake. Tony Folsom spoke and said he went down to the Shaw property and it had a lot of shells and trash on it. He said he saw nothing saying no trespassing. Mr. Shaw said it is not posted as they hunt, and people around there have used the land to hunt on for years. He said they don’t mind as they hunt too and he knows people should ask permission, but they do not. He said there are snowmobile trails and ATV trails, and they want people to go outside and do activities. Mr. Folsom said they are shooting towards the pit and Watchic Lake. He told Mr. Shaw they should have signs for permission only.
Janet Heggeman, an abutter said the Shaw’s have been very good neighbors. She is concerned that this ledge might be valuable and can they stop at ten blasts. Brian said this is the only ledge they have but have no idea what material it is. Mr. Brown said they have a grading plan in their approval and need to handle the stormwater coming off the roads. Isabel Higgins said she is on the other side of the lake and where does the water table drain ? Brian Shaw said that the water disperses towards Page Brook and in a roundabout way. Brian said they have completely internal draining and nothing directly to the lake or the brook. Mr. Brown said they are required to have an internally draining pit.
Mr. Struebing made a motion to find the application complete,seconded by Mrs. Boxer. All in favor. Mr. Brown said the Insurance Certificate expires and the Town would need a new one. Mr. Shaw said that February 17th is their renewal date and as soon as they have it, they will forward it to the Town.
Mr. Struebing made a motion seconded by Mr. Wright to approve the application with the following conditions of approval:
Conditions of Approval:
- All blasting must be done in accordance with the performance standards and notice requirements of §181-16.1 C and §181-16.1 D.
- This approval will expire 365 days from the date of approval as specified by §181-16.1 B.7.
- All conditions of previous approvals for the gravel pit operating on this site are included in this approval and remain in effect.
- Current insurance coverage to be furnished to Town of Standish.
Meeting adjourned at 7:00pm