Standish Planning Board Meeting Minutes

Meeting date:

Monday, November 1, 2021

Standish Planning Board

Meeting Minutes

November 01, 2021

Open Meeting

a. Call to order by Chairman Charles Brown at 6:00pm

b. Opening Statement from Planning Board Chairman Brown

c. Declaration of a Quorum-6 members present. Absent was Deb Boxer

Approval of Meeting Minutes from October 04, 2021

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

Old Business:

Woods Excavating, LLC, Middle Road, Map 24, Lot 9-Gravel Pit Application

Peter Dalfonso was present to represent Woods Excavating as well as Chris Woods. Peter gave a description of what they wanted to do as presented from the last meeting. He said they had a site walk and the Board got to see the access. He said they have submitted what the Town has asked for: their financial capacity, the comments from the Town and the Oak Hill maintenance agreement guarantee amount, the DEP application has been sent and they have provided an updated plan. He asked the Board if they had any further questions?

Mr. Brown asked Mr. Hastings if he had any comments or questions and he said he is waiting for an amount on the performance guarantee, as they have made some adjustments to some items and a reclamation plan. He said that he has the conditions in the memo, and they have received the okay from the Fire Chief as far as emergency access and an agreement from the applicant to take care of the road to create a passable surface for the road. He said this will be a huge help for the Town and the gravel pit.

Mr. Brown asked the Board if they have any questions or comments. Mr. Walton wanted to know about hours of operation and Mr. Hastings said those were what is in the ordinances. Mr. Brown said he thought everything had been addressed from the last meeting.

Mr. Nappi made a motion seconded by Mr. Struebing to find the application complete. All in favor. Mr. Brown said there are nineteen conditions and is everyone comfortable with them? Mr. Struebing asked about adding the number of acres and Mr. Hastings said it is there about the stockpiles and reclamation. Mr. Brown asked for a motion to approve the application. Mr. Struebing made a motion to grant approval seconded by Mr. Wright. All in favor.

New Business:

Geoff Hight, 10 Rocky Shore Avenue, Map 48, Lot 28-Shoreland Zoning Application to demolish existing home and build a new single-family home

Geoff Hight was present to represent himself. He gave a brief overview of his proposed project and said that the Board had done a site walk. He said that he has been working with the Code Enforcement Officer and the Planner. He said they submitted new plans adding a deck to the home. Mr. Hastings said he had received an email from a neighbor with some concerns, but those have been addressed. They were about the septic design and the impervious area affected. He said that he was satisfied and feels that all requirements have been met.

Mr. Nappi asked Mr. Hight about the foundation, and he said they are going to do a slab. Right now, he (Duane Christian, builder) said that they are being held up with blocks and posts. Mrs. Whittemore asked where the deck was on the drawings and Mr. Brown told her where it is on the BH2M drawings. She asked about another exit from the house and Mr. Christian said there will be one on the front with one step down onto a detached landing, like a piece of stone or a rock. There will be a side door and a slider onto the deck. He said this (the landing) is based on the grade elevations and detached.

Mr. Brown asked for public comment and there was none. Mr. Hastings said the memo is fairly clear and a lot like the previous month’s memo was. Mr. Struebing made a motion seconded by Mr. Nappi to find the application complete. All in favor. Mr. Brown asked about the SLZ criteria and read A thru H. Staff recommendations were that this application meets all criteria and the six conditions of approval. The Board was unanimous with the conditions of approval. Mr. Struebing made a motion seconded by Mr. Nappi to grant approval. All in favor.

Damian Cummings-Richville Road, Map 13, Lot 81-Subdivision Application (2 lots)

Damian Cummings was present to represent himself. He said he bought this land in February 2021 and would like to split it into two lots with a shared private way. Wayne Wood from Gray did the site plan and survey. He said if they did a town approved road, there would be damage to the wetlands and with one entrance there is less of an environmental impact. He said there is an existing driveway, and he has had DEP come out to look things over. There is 533 feet of road frontage.

Mr. Nappi asked who owns the entrance and Damian said he does. Mr. Hastings said that they could do a performance guarantee, but it would be better to have a condition that the applicant will construct the road and do so when the lots are sold. Mr. Brown asked about the other lot that had been sold and Mr. Hastings said that lot is not part of this approval. He said it is existing land legally created and doesn’t come under this. Damian said there is already a road there also and doesn’t appear to be split again. Mr. Hastings said that this is about waiving the interior road standards and allowing the access with a private way. This would create two lots with approximately 17 acres each. He said there is an existing dry hydrant on the end of Mosley Road and within the 2000 feet of the land.

Damian said the other lot has some wetlands through it, more than the lot he is here with tonight. He bought this one because of that reason. Mr. Hastings said the primary items are the waivers and the reasons for not having an interior road as required. Mr. Hastings said it looks like they will not be entering the wetlands at all. Mr. Brown asked for the deed showing ownership. Mr. Hastings said he does own this, and it’s recorded in the Registry of Deeds. Mr. Brown asked about test pit logs and Mr. Hastings said we have them. Mr. Brown said we should have those on file, and they can be put in the conditions of approval.

Cynthia Shaw from 605 Richville said she is an abutter to this property. Her concern is strictly with drainage. She has lived there for 61 years, and she has almost had water in her basement as the culvert on this property had frozen and could not drain. She said the entrance to the property does not have a culvert there. She said the culvert was either removed or buried. She looked this past Spring and said it looked like it was gone. Mrs. Whittemore said she didn’t quite understand this, and Mr. Brown said they need to install a 15 inch 30-foot-long culvert. Mr. Cummings said the culvert is completely blocked and he intends on having it taken care of. Mr. Brown said there are two culverts and the one to the driveway entrance will be replaced. Mr. Cummings said that DOT saw this and it will be fixed. Mr. Cummings told Ms. Shaw that he appreciated her coming forward as this could have been a potential problem.

Mr. Brown said they needed to address. Mr. Hastings said that the way they are going to build the road and have the culverts seems sufficient. Mr. Struebing said if the culverts are put in as a condition, it should be fine. Mr. Hastings and Mr. Brown will give the Board admin the wording for the added onto conditions. Mr. Struebing made a motion seconded by Mr. Wright to waive the drainage plan. All in favor. Mr. Brown said the Board seems to have everything needed. Mr. Nappi made a motion seconded by Mr. Walton to find the application complete. All in favor.

Mr. Brown said they need to discuss the waiver for the interior road requirements. He said that all subdivisions must have their access through a new interior road and one entrance onto a major road. No lot can get frontage from a private way. He said the applicant is proposing one access and the frontage would be off from Rt.114. Mr. Brown said there are a few lots like this, one entrance and a private access. He said he remembers the Town requiring a maintenance agreement, like a homeowner’s association within the deeds. He said he feels that should be a condition of approval.

Mr. Hastings said that would be good as an added condition of approval. Mr. Walton said shared driveways can be a problem, Mr. Cummings agreed. Mr. Brown said that the Board is looking at two waivers. Mr. Hastings said that the frontage waiver needs to be addressed. Another condition might be that there will be no crossings of wetlands anymore than now. Mr. Hastings said there is a hammerhead there for safety and the width of the road for safe passage.

Mr. Brown asked for a motion to waive the interior road standards. Mr. Nappi said one of the reasons for the waiver is a lesser impact on the environment and what are the others? Mrs. Whittemore said the Town would not have to maintain the road and Mr. Cummings said it keeps the area more rural with less development. Mr. Brown said its single access onto an arterial road. Mr. Brown said the waiver would be to allow the lots to get their frontage off from Richville Road. Mr. Hastings said this road will be a private way. Mr. Hastings said the Board needs to craft a motion giving the reasons why they are waiving the interior road standards.

Mr. Brown said he is trying to craft a motion concerning the interior road waiver. Mr. Hastings said it should have the part about the maintenance agreement between the two owners. He said DOT usually takes over the entrance maintenance and it’s a shared responsibility between them and the homeowners. Mr. Hastings read the draft motion and said that he would craft it for the conditions of approval. This private way would be maintained by the landowners, keeps a rural area in nature, less impact by having a single entrance to the environment, would be allowed access from an arterial road but frontage from the private way. The standards of a private way are different than a regular driveway

181.108-B gives the Board the authority to make the waiver said Mr. Hastings. Mr. Hastings said a motion can be made to waive the requirements of the interior road and do a private way to standards of the Ordinance. Mr. Brown made a motion to move what Mr. Hastings said and seconded by Mr. Struebing. (This will be in the conditions of approval when crafted) All in favor.

A motion to approve was made by Mr. Struebing and seconded by Mrs.Whittemore with all conditions of approval, plus two added, as crafted. These conditions are to be added to the final subdivision plan along with the requirement of the maintenance agreement. The maintenance agreement will be presented to the Town and incorporated in the deeds. All in favor.

Motion:

I move that in accordance with §181-108 B the board waive the requirement of §181-97.1 A, that new lots have their required frontage on an interior road and the requirements of §181-97 C, that interior roads be public roads and no private ways directly access existing town or state roads on the grounds that:

Requiring a public road meeting the standards of the ordinance would have a greater impact to wetlands.
The small amount of development does not warrant the town taking on the responsibility of maintaining such a public road.
Smaller development helps Boards approval establish a clear ownership and maintenance responsibility of the private road.

Conditions of approval:

All work shall be in conformance with all submitted plans and materials
In lieu of a performance guaranty for the construction of the project improvements, no lot or parcel of land may be conveyed, and no building permit for any building or any portion of the development shall be issued by the Code Enforcement Officer, until the completion of all streets, utilities and other essential improvements in accordance with this plan and all applicable laws, ordinances and standards. If the applicant wishes to convey a lot prior to all project improvements being completed in accordance with this plan and all applicable laws, ordinances and standards, a performance guaranty equal to the cost of the remaining improvements shall first be approved by the Director of Public Works, in consultation with the Town Planner, and submitted to the Finance Director.
Property markers in compliance with §181-84 A.8 must be installed prior to the sale of the lots.
The proposed private way will be built to the standards for a private way serving 2 residences as outlined in §181-14 C.4.a and the standards outlined in the submitted road opening permit from MDOT including the requirements for a culvert.
A maintenance agreement covering the private road be provided to the town and incorporated in the deeds of both lots.
All residences on these lots must be served by a sprinkler system meeting the requirements of the Town of Standish’s Ordinances Chapter 142 – Fire prevention, unless they are within 2,000 feet as measured along a road or fire lane of a source of a fire protection water supply as specified Chapter 142, Article II – Water Supplies and approved by the Fire Chief.
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 (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.
All the above conditions of approval must be added to the subdivision plan prior to it being signed by the board.

The meeting was adjourned at 7:25pm.