Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
June 05, 2023
The meeting of the Standish Planning Board was called to order by Chairman Charles Brown at 6:00pm. Present was Chris Struebing. Andrew Walton, Jolene Whittemore, Frank Nappi, Deb Boxer, Town Planner Scott Hastings and Jackie Dyer, Admin. to Town Planner and Planning Board. Absent was Derek Wright.
Open Meeting
a. Call to order (Chairman Brown)
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum-6
Absent was Derek Wright.
Approval of Meeting Minutes from May 01, 2023
Mrs. Whittemore made a motion seconded by Mr. Struebing to approve the meeting minutes with one correction brought forth by Mr. Brown. Mrs. Boxer said that she thought she found an error on page two and said she thought it should say something different. Mrs. Dyer told her that she types out what she hears on the recording and something like that cannot be edited to what she thinks it should say. All in favor and minutes approved with the one correction.
Old Business:
- Nancy Mancini, 23 Wards Cove Rd., Map 50, Lot 23-Shoreland Zoning Application to remove existing cottage and build new home.
Don Nichols was present to represent the applicant. He said they were here in May and a site walk has been done. Mrs. Boxer asked if they were doing the pergola and Mr. Nichols said that was struck from the plan at the last meeting. Mr. Nichols said that there were design options from the architect but nothing they had to go with. He said there will be no outside structures. He said they were on the plan just as options, but nothing will be built. Mrs. Boxer said that part of the structure is within the 25-foot setback and Mr. Nichols told her that they were within the 225-foot setback. Mrs. Boxer said they can’t add anything at all within 25 feet. Mr. Nichols said that with the existing patio and everything they are within the 25-foot set back. Mrs. Boxer said she meant you could not build anything with those 25 feet. She said it increases nonconformity. Mr. Brown asked if she was talking about the small jet out piece on the corner. She said it’s on the overhang and needs to be moved back behind the 25 feet. Mr. Nichols said the existing conditions that are there are all within 25 feet.
Mrs. Boxer read from the code book about expansion and setback. Mr. Hastings said they talked about this at the last meeting and all of the concrete is structure as well as everything on the lot. Mr. Hastings said the structure is within 25 feet and the lot is so conforming in every single way it can be. He said this is the Board’s call, but he said he wrote in the memo his thoughts about this. Mr. Nichols said there will be some deck beneath the canopy as there is now, concrete or otherwise. Mr. Hastings said the patio was there before with the previous owners. He said there was a third building that is no longer there and then the lot was split. He said they talked thoroughly about this at the last meeting and again at the site walk. Mrs. Whittemore made a motion seconded by Mr. Struebing to find the application for 23 Wards Cove Road complete. All in favor.
Mr. Nappi asked about clarity and if the Board made an exception to what Mrs. Boxer said, what would happen. Mr. Hastings said the decision is up to the Board, but this was something they talked about before. Mrs. Boxer said that if an exception is made, the next person will want something else, and nothing is expanded 25 feet to the water. Mr. Struebing said that it’s his understanding that the concrete that is already there is considered as part of the existing structure. He said the canopy would be under existing structure and Mrs. Whittemore and Mr. Hastings agreed. Mr. Struebing said that is not expanding, just reconfiguring. A motion was made by Mr. Struebing that the proposed site plan represents the reconstruction of the greatest practical extent of conformity to the setbacks. This was seconded by Mrs. Whittemore. Five in favor with Mrs. Boxer voting no.
Mr. Brown asked the public if they had any comments. There were none. Public hearing closed. Mr. Brown asked about reading through the Shoreland Zoning criteria and a motion was made by Mrs. Boxer not to, seconded by Mr. Struebing. All in favor.
“Move that the Board grant approval under the provisions of the Standish Land Use code for the application submitted by Don Nichols, on behalf of Nancy Mancini, for the removal and replacement of a legally non-conforming home at 23 Wards Cove 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 Don Nichols which consists of site plans, building elevations, and supporting application materials.
- A final, as built, landscaping plan showing the total impervious surface area on the lot to be under 2,355sqft must be submitted to the Code Enforcement Officer prior to the issuance of an occupancy permit.
- No pergola, gazebo, or other covered or enclosed structure may be erected between the existing house and the waterline.
- This approval shall lapse and become void in one year 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 proposed plan represents a retention of the existing non-conformities.
- 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.
Mr. Struebing made a motion to approve the application with the Conditions of Approval as read, seconded by Mrs. Whittemore. Five in favor with Mrs. Boxer voting no.
- Yates Builders, Cram Road, Map 6, Lots 32-1A, Lot 40- Subdivision -Phase One for 12 Single family homes & Phase Two for 8 single family homes
Craig Sweet from Teradyne was present to represent the applicant, Jim Yates, who was also present. He said they are here tonight to go over a few things. He said they had a site walk earlier today. Craig said they are looking at upgrading the road. He said there are some vernal pools on the land, and they have adjusted the lot lines so as not to disturb them. There are two more vernal pools and are not deemed significant. Within the 250-foot buffer, DEP will allow 25% as buildable. He said the rest would have to be preserved as it is. Craig said the DEP will certainly oversee this.
Mr. Sweet said some of the vernal pools will stay within the forested area. He said the applicants have reached out to their Attorney about the road and the right of way. He said they were asking for a waiver as there is a 10% grade coming down from the road where the pavement ends. They would like to keep that grade and the feel the less they disturb the better. He asked about a possible waiver from the sidewalk, but the road would be up to Town standard.
Mr. Hastings said that the Public Works Director has the plan but has not gotten back to him yet. Mr. Hastings said that there are a few things he needs to work with Public Works on before he makes a recommendation. He said the biggest outstanding element is proof that they can use the road for their subdivision. He said there will be performance guarantees and capital impact fees that need to be worked on. Mr. Hastings said the proposed road design does not meet the requirements of Chapter 252, he is waiting for comments from Public Safety, estimated traffic impact, financial capacity statement, no streetlights are on the plan and a few other details.
Mr. Brown said there is at least 250 feet of road that is a 10% grade and another area as well that is a bit steep. Mrs. Boxer asked if on the side of the road, could they have a stripe that designates it as a walkway or for bikes. Mr. Walton asked if there was an alternative and Mr. Sweet said they can stripe it off for people to walk/bike. Mr. Walton said that its not a straight road and hilly with blind areas. He said that a sidewalk would be nice but likes the alternative and Mrs. Boxer said having this well marked would be fine. Mr. Brown wondered about the sidewalks that were built in other subdivisions and said that needed to be checked into.
Mr. Struebing asked about when the work was done, how this would impact the existing homes now, and the drainage. Mr. Sweet said there would be no effect on them at all. Mr. Sweet said that the speed limit he thinks is 25mph. Mr. Walton mentioned speed bumps and the speed limit. Mr. Brown said the speed limit can be set by the Town. This road will be paved, and Mr. Hastings said a lot depends on the final plan. Mr. Brown asked if a conceptual plan is needed that shows the connectivity to the adjacent lots. Mr. Sweet said they had provided a connectivity plan in the first submission. Mr. Hastings said they don’t exactly need the connectivity plan and they are doing a conservation subdivision. He said the plan did show a right of way to the other property.
Mr. Brown said he saw level spreaders and buffers on the plan, but they are not required for Phase I of the subdivision. Mrs. Boxer asked Mr. Sweet if they were just seeking approval for the four lots; he said they were looking for approval for all 12. Mr. Sweet said that the plan is in the hands of the DEP right now for their approval. Mr. Nappi asked when they thought the DEP report would be back and Mr. Sweet said sometime in the next 2 to 3 months. Mr. Brown said that all the information is needed to find the application complete. Mr. Hastings said there is a list in his memo for what is needed. Matt Marque from Cram Road said that his biggest concern is the existing paved Cram Road. He said the plans call for a 22-foot-wide paved road. Is it 22 feet total or is the shoulder added. Mr. Sweet said its 22 feet of pavement and then the shoulders. Mr. Marque said he walked the road this morning and there is not 22 feet of pavement now, maybe the widest is 14-16-feet wide. He said that you cannot get a concrete truck on a 17-foot-wide pavement and right now it will not happen. He said people will have to wait and he realizes it’s temporary. He asked who is responsible for the widening to Rt.25?
Mr. Marque asked if the road would be paved and widened now, what protection does the existing homeowners get and are they splitting the crown of the road in half. Mr. Sweet said there will be drainage ditches on both sides with culverts and check dams along with rip rap. Mr. Brown said the first part of the road is a Town accepted road and maintained by the Town. Mr. Brown told Mr. Marque that the plan is still in the premature stages as well as the road and he does not have the answers he is looking for. He asked why Cram Road would be 22 feet wide and Yates Road would be 27 feet wide. Mr. Marque asked if traffic mitigation would need to be done and Mr. Hastings said that would depend and not a question he has an answer for at this time. Mr. Sweet said the Town standard for Yates Road is 27 feet wide with drive isles being two and a half feet each. Tony Folsom asked if this would be access to the Phinney property and Mr. Brown told him that there is nothing in the back to connect to that land. Mr. Struebing made a motion seconded by Mrs. Boxer to table this application until more information is brought forward. All in favor.
New Business:
- Mark Goodwin,234 Northeast Road, Suite 10, 15-Site Plan Application to change to a cannabis dispensary classification for State licensing.
Mark Goodwin was present to represent himself. He said that the request he filled out he has a deal in progress to expand his business in the same building. He had to start a new company, and this is why the licensing has changed. He said there is no additional building and the place they would be merging with is already in existence. He said with this addition, it’s more than the maximum they are allowed under the canopy and his company is changing. Mr. Hastings said this is classified as a change of use and State Law makes a distinction between a dispensary and growing facility. Mr. Hastings spoke to the owner of the building, and he is aware of this.
Mr. Nappi asked what the change to the business is and what would he see differently. Mr. Goodwin said they would see no changes; it’s just maintaining separate licensing with the State of Maine. He said this streamlines the business and the paperwork. He said they are going from a proprietary business to ownership. Mr. Struebing made a motion to find the application complete and seconded by Mrs. Boxer. All in favor. There was no public comment.
Mr. Brown read the Staff recommendation to grant approval:
“Move that the Board grant approval under the provisions of the Standish Land Use Code for the Site Plan application submitted by Mark Goodwin for a proposed Medical Marijuana Caregiver Retail Dispensary at Map 10,L 48 in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-10 and §181-19.2, and all other relevant standards of the zoning ordinance.”
Mr. Struebing made the motion seconded by Mr. Nappi to approve the application. All in favor.
Public Hearing:
- TITLE: AMENDMENTS TO STANDISH TOWN CODE, CHAPTER 181, LAND USE, FOR COMPLIANCE WITH STATE HOUSING LAW 30-A M.R.S.A. § 4364
Mr. Hastings said that this comes from the State and what they require for affordable housing. He said the first order is the allowed uses list and where development is allowed and if the requirements are met. He said that separate family units can be built, and the density increased. He said that adequate space for septics and wells needs to be there. Mr. Hastings said the septic systems would be the size for what you are building, and this does not apply to Shoreland Zoning.
- TITLE: AMENDMENTS TO STANDISH TOWN CODE, CHAPTER 181, LAND USE, FOR COMPLIANCE WITH STATE HOUSING LAW 30-A M.R.S.A. § 4364-A and § 4364-B
Mr. Hastings said that this one is much more involved, and the Town has to allow duplexes or two non-accessory dwellings on one property. These will not be allowed around the shoreland or commercial zones. He said this has to do with the Comprehensive Plan. The land area for a dwelling unit is 3 acres, so for 2 homes you would need 6 acres. A four-unit building would require 12 acres.
Mr. Nappi asked if any residential area in Standish could have a duplex dropped right in the middle of it. Mr. Hastings said yes if they have enough land to do so. Mr. Hastings said this really does not change anything. He said it seems like a huge change but fits in with what is already existing and offers more options for what people might like to do.
Mr. Hastings said that accessory dwelling units are allowed, and it no longer has to be a conforming lot. He said that you can allow anyone, not just family members. Mr. Hastings said that in the Standish Corner District, they can have some restrictions with having a residence on the ground floor, not just above a business.
Mr. Hastings said that he would like to hold a training workshop on July 24, 2023. He said he feels a refresher would be a good thing, especially with new members coming on.
Mrs. Whittemore made a motion to adjourn seconded by Mr. Struebing. All in favor.
Meeting was adjourned at 7:30pm.