STANDISH PLANNING BOARD MEETING MINUTES

                                                   Standish Planning Board

                                                         Meeting Minutes

                                                          March 06, 2023

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

Open Meeting

           a.        Call to order by Chairman Brown

           b.       Opening Statement from Planning Board Chairman Brown

           c.        Declaration of a Quorum-7

Approval of Meeting Minutes from February 06, 2023

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

Approval of Finding of Fact:

• 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.

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

• Shaw Earthworks, 333 Pequawket Trail, Map 5, Lot 70-Blasting Application

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

Mr. Brown said that because of the time that it will take to go over the Standish Fish and Game Club application, he would like to entertain a motion to take the new business item first. He felt the Daycare Application would be very quick. Mr. Struebing made a motion seconded by Mr. Walton to take the new business item first. All in favor.

New Business:

Kerri Brackett/Nick Simpson, 70 Ossipee Trail E, Map 10, Lot 64-Site Plan Application for Kerebear Child Care, LLC

Kerri Brackett was present to represent herself as Kerebear Child Care. She said she currently has a day care in Buxton and is currently licensed for 92 children. She said there is a State of Maine quality rating system, and they rate high for all nine years. She said there is currently a need for additional day care facilities.

Mr. Hastings said that the septic was inspected just before the meeting today. He said he feels that will need to be deemed adequate before an occupancy is issued and also the sprinkler system will have to be in place. Mrs. Brackett said they have the same septic in Buxton and they have it pumped and checked very frequently. Mr. Hastings said the Town has a copy of the HHE200, but he doesn’t know much about it. This will be added to the conditions of approval that the septic will be approved by the Code Enforcement Officer.

Mr. Brown said the sprinkler system should be added as well to the conditions.

Mrs. Brackett said the State makes sure these are all approved before she can open. Mrs. Boxer asked if a fence would be installed for a play area and Mrs. Brackett said yes. Mrs. Brackett said she submitted a picture of the deck that had been replaced. Mrs. Boxer made a motion seconded by Mr. Struebing that the two-foot contours be waived, all in favor. Mr. Nappi asked about parking for the daycare and Mrs. Brackett said there would be a few cars at a time dropping kids off and then leaving. She said there is plenty of room for cars to turn and the parking area is a pretty big area. She said that cars will come down Rose Lane and turn into the back of the building. Mr. Hastings said the parking is not directly on Rt.25 nor near an established intersection.

Mr. Struebing made a motion seconded by Mr. Nappi to find the application complete. All in favor. Mr. Brown said there are no structural changes, and this is in the Standish Corner District. Mr. Hastings said the building is existing and grandfathered. He said any changes being done are within the standards. Mr. Struebing made a motion and seconded by Mr. Walton to approve the application, all in favor with the following Conditions of Approval:

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.
2. Any new lighting must be compliant with §181-18.
3. Septic must be approved for the daycare by the Code Enforcement Officer prior to an occupancy permit being issued.
4. Subject to the Conditions of Approval, the sprinkler system must be installed before occupancy.

Old Business:

• Standish Fish & Game Club, 48 Middle Road, Map 9, Lots 8,9-Site Plan Application to build a gun range and club house.

Beth Brown Malia was present to represent the Standish Fish & Game Club. Mr. Brown said they had requested some pieces of information. Beth said that they have been asked many times if they could meet the current sound ordinance and she said they can now say yes. She said they hired a sound technician and in the packets she passed out, there is a certified plan. She said this is based on the revised site plan submitted and taking this down to 4 shooting ranges. Beth said that some members designed a muzzle box, and she went through what it contains and how it is designed. She said it has insulation in it with a steel box inside. She said the steel plate is sandwiched inside and no blue sky can be seen. She apologized to the Town and the Planner for bringing so much work with this but the Club wants to truly be good neighbors. She introduced Langdon Baxter from the law firm of Norman, Hanson, and DeTroy.

Mr. Baxter said that he represents the Standish Fish and Game Club. He said he knows there have already been substantial comments, letters, etc. He said that the significant change since the first meeting is the sound study. He said the study proves that the Fish and Game Club can meet the sound ordinance with lower caliber firearms. He said they have submitted a sound study as well as the abutter have also, there is some agreement with what they call the muzzle box to shoot through. He said the Fish and Game Club has already stated they will not use higher caliber weapons as they do not meet the current sound ordinance. Mr. Baxter said that the issue has been raised about meeting the ordinance with higher caliber firearms, but the Fish and Game Club has other uses for the land, such as building a clubhouse.

Mr. Baxter said that he asks the Board to consider this application just like they would any other application, without any other supplemental information. He said that people feel this would be a nuisance, but feels that every firearm tested shouldn’t mean the applicant needs to provide materials that he feels are over and above. He said the applicant has already proved they can meet the sound ordinance and doesn’t see how this could be considered a nuisance. He said as a condition of approval the applicant would have to go by the ordinance and have the Code Enforcement Officer enforce this and make sure the Fish and Game Club are in compliance. Mr. Baxter said that the Fish and Game Club satisfied all elements of the review and has gone beyond the scope of what is needed. He said the Club wants to be a good neighbor and an asset to the Town.

Mr. Brown said the plan before the Board has been pared down, they have addressed the emergency vehicle turnaround and a lot of information was received over the weekend and tonight. Mr. Hastings said the material given by Mrs. Malia tonight have addressed some of the noise concerns. Mr. Brown said the noise reports are very conflicting. He said he wonders if the Board should have a third-party review of those reports. Mr. Brown said there are issues with the road and who does what as to the upgrading. Mr. Struebing said he had expressed concern about the lack of ordinances on gun ranges and believes this is also before the Council and he would like to table this application until they have more ordinances so a decision can be made. Mr. Hastings said the ordinances that are already there are what the Board must deal with. He said it doesn’t specifically say shooting ranges, but there are other ordinances involved like sound, etc.

Mr. Baxter said there are ordinances and what’s going on before the Council tomorrow is going to take a long time and he encourages the Board to take what’s before them now and the ordinances that pertain to this application. Mr. Wright said he feels that a third-party review would be a huge asset to everyone, as we have conflicting reports. Mr. Walton asked if the Board would go through the criteria and vote. Mr. Brown said that the Board could not vote on the noise element. Mr. Hastings said there is some confusion on things and a third party review would be needed and not as a condition of approval until this was done. Mr. Hastings said that the third-party review would go over all submitted materials and the sound report. He said it would be a help to the Planning Board. Mr. Nappi said that the Board needs an agreement that is certifiable. He said the fact there are two engineering analyses that are not in agreement on many items, is enough to request a third-party review.

Mr. Nappi said that the Board does not want to approve an application unless they can prove the meets the ordinances. Ben Plante said he is the attorney representing the people and some of the abutters that oppose this application. He said that a man named Eric Reutter is here and he is a sound engineer hired by his clients. Mr. Plante said that he feels the Fish and Game Club have held back on some things and the sound report they produced does not meet the sound requirements, especially with the larger caliber firearms. He said the test and build approach is not approved through the ordinances. He said the Fish and Game Club is asking the Board to approve, let them build this and then try to prove it meets the sound ordinance. He said that the report submitted by Mr. Rand for the Fish and Game Club is for subsonic ammunition.  He said there will be issues with the shooting box and noise.

Eric Reutter spoke. He said his specialty is in environmental noise. He said that he submitted a report and there are things in the Fish and Game Clubs report that he does not agree with. He said that he does computer modeling coming from the gun muzzle to the property line. He said he feels the Fish and Game Club does not meet the ordinance. He said he doesn’t disagree with most of the facts in the report but the fact that it’s a small caliber firearm and he doesn’t see how it can be possible, even with building berms. He said he feels this is an incomplete study and not realistic. He said the use of the range for the 22 caliber he doesn’t understand the muzzle box usage. He said the sound absorption works by entangling the moving particles when the gun goes off. He said the pressure of the shot would move the absorption fibers and not be effective and he would be very hesitant to work with materials they used. He said they give off fibers and feels they might not be the safest.

Mr. Wright asked about these methods of muffling the sound. Mr. Reutter said Mr. Rand measured the sound at the lot lines but doesn’t look like there is a study that takes that kind of information. Mr. Nappi asked what would work for noise mitigation and what has Mr. Reutter seen? He said he has seen many noise absorbers and doesn’t feel this type of range can mitigate their sound from the supersonic ammunition being used. Mr. Plante said that he understands that sound from any project can be a nuisance and will it be in compliance with the ordinance or will it be a detriment to the community. He said even if his clients agreed with the 22- caliber being shot, will it be a potential nuisance and be violating the ordinance every time they shoot?

Deb Boxer spoke and said that the Fish and Game Club says they are going to use only 22- caliber. She said through state law the Club would be exempt from being able to just shoot 22’s and could do whatever they wanted to no matter what the Town passes, if this application is approved.

Mr. Baxter said that it is possible that this is a limited gun range, and the Fish and Game Club are willing to live with that. He said that the fact is that all the comments raised are all geared towards a larger caliber firearm and meeting the sound ordinance. He said to be approved for a larger firearm, they would need to fire one, but that’s not their intent. He said if they were approved, it would be for a 22 caliber only. Mr. Baxter said testing can occur off site and doesn’t have to be on site.

Mr. Brown said he would like clarification on the 22’s and what actual gun was used. Derek Mustekis said the Rueger Model 22 is a rifle. Peter Malia said they used both a pistol and a rifle. He said the muzzle box was packed with insulation. He said they shot several guns through the muzzle box, and they shot 9mm, and a ported 84 mm. Andrew Walton asked how you shoot through a muzzle box and Mr. Malia said many ranges in Illinois do it every day. Mr. Malia said it’s very easy to shoot through them and keep them flat and from going over berms. He said other states use them but do it with a culvert. Mr. Malia said they work and are not limited to just 22’s. He said the Fish and Game Club has traveled all over southern Maine to many different ranges as there is not another range like this one in the State.

Mrs. Whittemore asked how many shots were taken and Mr. Malia said each firearm was shot three times and a sound reading was taken all three times. Mrs. Whittemore asked about if all were being shot at the same time, would this make a difference. Mr. Malia said that according to the sound engineer, you can shoot multiple firearms and it wouldn’t raise the sound level. They had one person taking the shots and another taking the sound readings along with Mr. Rand.

Mr. Brown asked if the Board went forward and limited this to a 22- caliber, would it lock this in and if any changes were made, would the Fish and Game Club have to come back to the Planning Board. Mr. Hastings said yes. Mr. Hastings said the state statues are there to protect the use of the range. If there was a change in use, it would hae to come back.

Carolyn Biegel said she keeps going back to Standard I and also that the applicant keeps bringing information the night of the meeting. She said she goes back to the definition of nuisance as she began to pound on the podium saying it’s a nuisance. She said you should be able to be comfortable on your property and not being bothered by new noise. She said she can’t see where the applicant has proved that it’s not a nuisance. Mr. Walton said they denied the application for the wedding venue as it was going to create a nuisance to the neighborhood.

Eric Johnson from Boundary Road said that every day they shoot is miserable and makes things awful. He said he would hear shooting as he hears people talking from Middle Road. He said the everyday noise all day long is more than enough, his dogs freaking out, and he feels this is not an appropriate place for this use.

Cara Childs spoke for her husband, Tom Childs. He said he feels it’s important to have something like this, but not here. He said the existing noise ordinance was developed after the Blake Road dancehall came to be. He said that everyone would suffer from this, and everyone deserves peace and quiet. He said noise pollution chips away at people’s health.

He said he hopes the Board will do the right thing.

Mr. Hastings said this is the Planning Board and not the Council as any change in any ordinance goes before the Council.

Andee Reardon, a firearms instructor spoke and said she is not a club member, but she feels the Fish and Game Club has jumped through hoops to get here. She said they are told one thing and then come back only to be told another. She said its not fair and she feels the Board poopoo’s what they are trying to do. She said its their land and she would like to see a controlled range rather than have neighbors shooting in many different directions. She said there is no law on what decibel reading is and the Fish and Game Club are trying to be good neighbors.

Ben Plante said that he doesn’t think sound is the only issue with this application and the road has been discontinued, so the Fish and Game Club would have to bring the road up to Town standards. He said he isn’t sure if the Fish and Game Club have the authority to use the road and he feels there might be some significant environmental impacts, would need DEP permits because of wetlands and he feels it would be appropriate to table this application until the applicant can prove itself. He feels the Fish and Game Club is here tonight in hopes that the Board will hurry this along and approve it.

Anthony Folsom said he is concerned about the watershed, the hours they want to shoot. He said he doesn’t believe that the Fish and Game Club wants to work with the neighbors.

Mr. Baxter said that he feels this application has not been rushed and the Fish and Game have brought many items forward when asked. He thinks tabling the application would be unwise.

Brenda Glasgow said she listens to shooting all the time and its annoying and a nuisance. She said that at the State level and the Town, the regulations are in place for many reasons, including protecting the abutters and the Town. She said once something is there, it does not go away. She said this has dragged along and input from the public is very important. She said the Fish and Game Club are trying to rush this along because of new ordinances that may be imposed. She asked if there was documentation that DEP has been contacted as they are proposing to use phosphate to counteract the lead. She said anything like this would affect wetlands. She said this wetland runs into Watchic Lake and this application should not be hurried along.

The public hearing was closed. Mrs. Whittemore said she is trying to be fair, but she finds it hard to walk into a Board meeting and handed extra materials she has never seen. She said she felt there was a timeline when the materials could be submitted. Mr. Hastings said there is a timeline for submission to the Town and other materials filter in that have to be accepted, but if the Board members need time to review them, they should. Mr. Brown said some of the materials that need to be reviewed are done by more than the Board. Mr. Wright said that materials need to be verified and looked over before any decision can be made. He said that if there is going to be an environmental impact, then this needs to be discussed with the DEP. Mr. Walton said if we have another meeting, we need documents before the meeting. Mr. Brown said the Board needs to go through the site plan review in its entirety. Mr. Walton and Mr. Brown both agreed that a third-party review is needed as well as contacting the DEP.

Mr. Walton asked if they would be voting on the site plan items individually and Mr. Hastings said it should not be voted on yet. He said the review needed to be finished and see if the applicant has submitted everything they need to. Mr. Hastings said this is the Board chance to make sure everything they need is here.

Mr. Brown read through the site plan criteria:

• Name and Address are there in title block on plan.
• North Arrow- on plan in upper left-hand corner of plan
• Dimensions and acreage of parcel- BOARD DOES NOT HAVE (Board has a natural resource plan that was submitted. Bearings and distances need to be on plan.
• Contour intervals not less than 2 feet-are on plan.
• Building Envelope-is there. Shows setbacks from wetlands, not from Middle Road. Needs clarity where the public easement is.
• Size, shape of bldg., architect. drawings- the Board has from January submission
• Location and dimension of parking- egress and ingress- Board has and is okay
• Location of all easements and right of way for utilities- CMP will need a pole easement.
• Locations of pedestrian ways- NA
• Locations of any water ways or storm drain- on plan
• Location of Outdoor lighting- from building(concealed source)
• Location of all wetlands, culverts- on natural resource map
• Location of trees, out crops and marshes-on plan and all wooded areas.
• Location and size of signs- signs will be on building and gate.
• Subdivision- NA

Mr. Nappi read through the following:

§181-73 Site Plan Criteria

1. 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:

• The proposal does not appear to impose a significant burden or public safety hazard on a public right of way.

Mr. Walton said the parking lot seems small and wonders about cars out on the road and room for emergency vehicles to get in and out. Mr. Hastings said the req. is one parking space per 4 people. Eight parking spaces total would be needed. There are 20 available spaces on the property.

1. 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: 

• The town owns property abutting this project and land is included in public facilities.  Potential sound impacts could be considered detrimental to the town land.  The DoE “surface danger zone” would likely extend onto this property and could also be considered detrimental to the town land.  It is possible that enforcement of the noise ordinance could constitute an undue burden on town staff but without more information on what restrictions there are on firearms and ammunitions or how the applicant proposes to enforce these restrictions it is hard to speculate.

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

• The proposal seems to meet all strict requirements for screening in the ordinance.(there is no landscaping plan on file)

1. The site plan adequately provides for the soil and drainage problems that the development will create.

• The proposal adequately provides for all soil and drainage needs.

Mr. Hastings said an engineered plan has been submitted and all culverts and ditches are shown. If DEP needs to submit anything, they can put that into the Conditions of Approval. Mr. Brown said a permit by rule would be needed.

1. 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:

• The proposed lighting will not create hazards or undue impacts on adjacent properties or streets.  That said the board may want to condition approval such that any exterior lighting on site be concealed-source fixtures to minimize any impacts.

Mr. Hastings said the only lighting shown is on the building and all exterior lighting sources would have to be concealed source.

1. The applicant has provided reasonable evidence of his financial capabilities to complete the development as planned and approved:

• The applicant has demonstrated financial capacity to undertake the project.

Mr. Hastings said the applicant requested him to retain the financial capability and if the Board wants that, he will make it available to them. Mr. Struebing said they want it.

1. 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:

• The fire department has stated that the current layout of the parking lot would not allow for an ambulance to turn around at the end of the lot if the parking area is full.  They would like to see a reconfiguration of the parking area to provide space free of parking for an ambulance to turn around at the end of the parking area closest to the building.

Mr. Brown said the hammerhead turnaround has been put on the plan.

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

A full septic design has been submitted.

A full HHE200 has been submitted.

1. 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.

This is where the board will have to address the issues of noise and safety.

• Noise in excess of that allowed under §206 is likely to be considered a “potential nuisance”.  The applicant has shown that at least one firearm would likely meet the noise ordinance.  The proposal to build and test is unorthodox and the process by which this would be done and enforced has not been spelled out in any detail.
• Unsafe conditions would likely also constitute a “detriment or potential nuisance” to the surrounding area.  I have outlined some concerns as to the safety of the range design as proposed, though it likely meets the base level criteria of the NRA Source book.

Mr. Brown said that this is where the noise may be a nuisance to many. Having a third-party review would help the Board make a decision said Mr. Wright.

1. The proposed development has made adequate provision for water supply, including an adequate supply of water for fire-protection purposes.

• The proposal has made adequate provision for water supply.

The building is not required to have a sprinkler and the Board has the fire report.

1. No plan shall be approved by the Planning Board as long as the applicant is in default on a previously approved plan.

• The applicant is not in default on any previous approvals.

1. Architectural design (FBCVD): N/A proposal is not in a FBCVD.
2. FBCVD additional Standards: N/A proposal is not in a FBCVD.

Mr. Brown said they have highlighted all the items they need clarity on and Mr. Hastings said they need to see the easement lines and set back lines on the plan. Mr. Hastings will provide the financial capacity statement to the Board and a third party review needs to be done for the sound. He said the applicant will need to set up an account with the Town for the third-party review. Mr. Hastings said the Board will need all the information prior to the meeting. Mr. Brown said they can table this to the next meeting or when the third-party review is finished. Mr. Hastings said a motion can be made to table until the next meeting or until the information needed is provided.

Mrs. Whittemore said she is glad they are getting all the information the Board needs in order for a decision to be made. Mr. Brown made a motion to table this application to address all concerns and seconded by Mr. Struebing to the next meeting. If all information is not available by the next meeting, then it will go to the following month of May 2023. All in favor with Ms. Boxer abstaining.

Meeting adjourned at 8:15pm