Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
April 04, 2022
The Standish Planning Board meeting was called to order by Chairman Charles Brown at 6:00pm. Present were Chris Struebing, Andrew Walton, Jolene Whittemore, Frank Nappi, Deborah 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
b. Opening Statement from Planning Board Chairman
c. Declaration of a Quorum -6 members present
Approval of Meeting Minutes from March 07, 2022
Mr. Struebing made a motion to approve the meeting minutes, with amendments and with an added statement from Mrs. Boxer on the social events application along with a couple of typo errors from Mr. Brown. This was seconded by Mrs. Whittemore. All in favor with Mr. Nappi abstaining.
Approval of Finding of Fact:
- Drilling & Blasting Rock Specialists, Inc. for Leavitt Development, LLC (Highlands Subdivision), Map 10, Lot 11 A- Application for blasting
Mr. Walton made a motion seconded by Mr. Struebing to approve the Finding of Fact. All in favor.
Old Business:
- Mary Lisa & Lawrence Fluke, 720 Oak Hill Road, Map 9, Lot 29-Site Plan Application for a Social Events Center
Mr. Brown said that Scott Bodwell, sound engineer hired by the Glasgow’s requested to do a presentation via zoom. Mr. Brown read the Town Attorney’s opinion of the lot and she (Town Attorney Sally Daggett) stated the Planning Board should review the site plan and said the Board can move forward with the process to see if the lot complies with all applicable standards in the review. Mrs. Whittemore and Mr. Walton agreed that this answers their questions and makes it easier to move forward.
Ben Plant, the Attorney hired by Brenda and Jim Glasgow asked to speak on this application. He said that he submitted a letter to the Board, and he wants to register his objections to the Town Attorneys opinion. He said the Town Attorneys opinions is in error as she has interpreted the ordinance wrongly. He does agree with her opinion of a conforming lot, but it requires more than what she says it is. He said the dimensional lot requirements have more meaning than how it’s been interpreted. He said that the definition of the ordinance must meet all dimensions, and this means frontage. He requested that the Board deny the project because the way the house sits on the lot and how it does not meet the required setbacks per the ordinance. He said the house does not satisfy the rural building setbacks.
Mr. Brown asked about the zoom presentation for the sound engineer hired by the Glasgow’s, Scott Bodwell from Bodwell Enviroacoustics. Mr. Bodwell is out of town and unable to be here in person. He gave a presentation with different findings and charts that he had done to show the sound levels that he feels would come from the property and the effects they would have on nearby property owners. He said he reviewed the application, and the town sound levels ordinance.
He showed the town standards and the sound limits as dba and dbc. He showed different times and levels, higher pitch levels, different levels, and sound scales. He went through the levels and what he feels they would be like at the Glasgow’s property line. He showed where the ordinance limits apply, and they do apply at the Fluke’s property. He said that he feels the noise would more than surpass the sound limits. He showed the figures from the Stephen Ambrose sound study and felt they were not correct, as it did not show where the sound would go, nor the differences in the sound day versus night. He said the Ambrose study didn’t show the sound to the property lines from the venue and feels the sound would be greater as his study shows the property lines closer.
Mr. Bodwell said that distances and sound levels go hand in hand. He said that day and night levels are different and so is music as it travels. He said Mr. Ambrose really had no discussion as far as what decibels the sound will travel at. Mr. Bodwell said that the sound will travel as much as 75 dba’s to the Glasgow’s property line. He said the day and night time levels will be over what the Fluke’s have proposed. He said the further away the sound the less it travels in decibels. He said the Ambrose study did not apply some factors in their study.
Mr. Bodwell said the amplified music travels more at night than in the day and will be higher than what the Ambrose study indicates. He said that both studies agree that the venue would have to be in compliance with the decibels and its difficult to implement those procedures and monitor them. He said it’s a difficult thing to set up procedures and rules for bands and DJs to follow. He said there are also other sound sources that are not mentioned. He said the Ambrose study that was submitted does not meet the ordinance for the Town or the criteria. He spoke about a letter he submitted on Friday and Mr. Brown said the Board just received that tonight before the meeting and really had not had a chance to read it.
Mrs. Whittemore asked if all documents need to be available to the public and Mr. Brown answered yes. She said that if the Board was just getting it then the public had not seen it either. Mr. Brown said the letter would be made available for anyone as its public record and can be read into the record. Mr. Walton made a motion to waive the reading. Mr. Hastings said the Board had expressed interest in a site walk and this letter could be read later by all as they are not voting on the application tonight. The Board agreed. Mr. Brown said it will be read at some point.
Mr. Walton asked about knowing about the sound with certain set ups and where do the numbers come from. He asked about a boom box and a guitar vs a band or a dj and how does he come up the numbers and the ranges. Mr. Bodwell said that he has done sound testing for a live band and his findings were based on what they consider to be a controlled level. He said they calculate from the property lines of the venue and the amplified speakers. He said amplified sound levels carry further and the Ambrose study levels do not even come close to what is correct. He said its all how sound travels over distance, and it doesn’t come close.
Mrs. Boxer said there are charts produced that give out dba’s and what they are close to. She said a normal rock band that you would have at a wedding does not perform under 90 dba’s of sound and they usually perform around 100 dba’s, a rock concert would be 110 dba’s. She gave other examples like fireworks, snowmobiles, power tools, etc. She said there are many charts available that Mr. Walton could look at. Mr. Boxer said the dba’s are at the source of the noise.
Mr. Brown asked for public comment. Cindy Hopkins asked about a site walk and how does that work? She asked when that would be discussed and at what point will that happen? Mr. Brown said the Board goes through the ordinance and its nice to go as a Board to the actual site as that helps tremendously. He said he knows there is a lot of concern around this application by the abutters and they need to work through the process.
Mary Lisa Fluke spoke and said she would like to address some of the statements made by people at the last meeting regarding their application. She said there were some untruths and exaggerations that were stated. She said that the hours were brought up and they would like to revise that. She said there would not be multiple events on the weekends or events on the weekdays. She said just one event per weekend, with weddings they would allow for the bridal party and family. Saturday weddings would be limited to 125 people and music ending at 9:00pm with everyone leaving the property by 10:00pm. Sunday events would end by 5:00pm and off the property by 6:00pm.
She said she was told they did not need permits with under 100 people there. She said that they have never had a big gathering or any loud parties with music, so she wasn’t sure what people were talking about. She said they did hold a wedding there last fall and were unaware of any ordinances the Town had or regulations. She said that she had no idea they were exceeding the towns sound ordinance. She said she has been looking into systems that you could install and monitor the sound to keep it down. Mrs. Fluke said that they would be out around on their property when any event took place. She said pesticides were mentioned and they have no plan to use them. She said one neighbor mentioned that their process had taken a long time and they have taken their time as they want to do it right. Mrs. Fluke said they want to follow the rules and share their property.
Mrs. Fluke said they haven’t done a lot of things as these things cost a lot and they might be declined anyways. She said they do not want to take out a business loan or make this a burden to themselves. She said before they do anything they would like input from many people. She said they know that if there is liquor, they would need additional liability insurance above their homeowner’s policy. She said penalties would be built into the contract for too much noise and if people didn’t comply, they would be asked to leave the property and pay the penalties. They will continue to move forward and do research on things.
Mrs. Boxer asked if they would be willing to hire a band or dj with an amplifier and have the sound monitored to see what the decibels are, as the applicant is required to prove what the levels are? Mrs. Fluke said she had thought of this and said they are willing to do whatever is needed to comply. Mrs. Fluke said she doesn’t feel comfortable having rowdy people on the property and having problems. She said that they would allow birthday, anniversary parties and simple events.
Mrs. Whittemore said she has concerns with how they would communicate with people what their limits are? Mrs. Fluke said the renters would have to get everything in place before they signed the contract. Mrs. Whittemore asked if they have a draft contract and Mrs. Fluke said no. She said they have looked at several contracts and would have to get an attorney to draft one. Mrs. Fluke said the tent would come down after each event as well as the porta potties being taken away. She said they come and get those during the week. The clients get their own tents and porta potties. Mrs. Fluke said she doesn’t think they would have an event every weekend. Mrs. Whittemore asked about handicapped accessibility and Mrs. Fluke said they would have to make that available if needed.
Mr. Brown asked about a site walk and one was scheduled for April 11, 2022, at 3:30pm.
Mr. Brown asked for the applicants to have everything staked out.
Mr. Struebing made a motion seconded by Mrs. Whittemore to table this application to the next meeting. All in favor.
New Business:
- 5 Brothers Development, Cider Mill Lane, Map 35, Lot 34-Subdivision Amendment
Tom Daniels from 5 Brothers was present to represent Brookstone Subdivision. He said that they need an amendment for moving a lot line between Lot 9 and 10 as a foundation was put in a spot just shy of where it needed to be. He said they have chosen not to present anything about the Homeowners Association tonight and just take care of the lot line. He said he feels they need to come back in front of the board regarding their HOA after they have a meeting with the Homeowners and having them sign off.
Mr. Brown asked if the home on Lot 10 was built a little to close to the property line and Mr. Daniels said yes. Mr. Hastings said he had nothing to add other than striking the comment from the memo regarding the homeowner’s association. He said it is straight forward. Mrs. Boxer made a motion seconded by Mr. Struebing that the application is complete with the amendment for the lot line. All in favor. Mrs. Struebing made a motion seconded by Mrs. Whittemore to approve the application with conditions 1 thru 3 as stated in the Planners memo. All in favor.
- Jason Webster, 4 NE Road, Map 36 Lot 18- Site Plan application for a mechanical repair garage
Jason Webster was present to represent himself. He said that he would like to make the former Standish Mobil into a 2-bay auto repair shop like it was years ago. He said there is some concern about parking on the site and the flow of traffic. He said he feels that there would not be an entrance from Rt.25 into his business. He talked about moving the curb cut back and extending it. He said he will not be parking cars out front as previously indicated, but more to the side and the back.
Mr. Struebing asked about keeping the curb open for emergency vehicles? Mr. Hastings said that would be checked with the fire department. Mr. Brown said he had concern with the vehicles being parked along the front. Mr. Hastings said as long as there is room to get through it shouldn’t be a concern. Mr. Hastings said there is not much site work being done but they do need to look at how traffic will flow.
Mr. Brown said the Town right of ways are wider than what the state utilizes. Mrs. Boxer asked about how far away they will be back from the curbing on the front. Mr. Webster said they would avoid parking there and he would prefer not to deal with curbs and sidewalks. Mr. Walton said there are no sidewalk indicators on site. Mrs. Boxer asked about the lighting on the building, as someone has a concern. Mr. Webster said he was up there one evening doing some work and he turned on all the lights. He said he completely understands why Mr. Abbott is concerned as he could see completely inside the Abbott’s home. He said the lights on the top of the garage will be removed. Mr. Webster said they will also put up a privacy fence and he doesn’t want any problems with the neighbors.
Mr. Hastings said all new lighting will meet the towns ordinance requirements. Mr. Nappi asked about town water and septic. He asked if there are any environmental concerns and Mr. Webster told him all the gas tanks and such had been removed and there was no record of anything leaking over the past. Mr. Hastings said he helped Mr. Webster with the site plan and getting everything into place. Mr. Webster said there are propane tanks on the site but are protected by concrete barriers. Mr. Webster said there will be no new pavement, just going with what’s there.
Freeman Abbott, an abutter said his concern is the lighting. He would like to see the lighting in the conditions of approval and a 3-foot fence would be adequate. He said he is a little bit concerned about the traffic coming in and out. Mr. Hastings said the lighting condition is in the memo and should cover what is needed. He said the parking condition can be reduced, but its up to the Board. Mr. Hastings said the parking can be left and right turn only leaving the site. On the Rt.25, there will be no entrance. Mrs. Boxer asked about leaving condition #4 as is, as we don’t know what will happen down the line. Mr. Brown said leaving it as is would cover what is needed. Mr. Brown said removing the word “sales” would be okay. The applicant has agreed to install a fence, this will be added to the conditions of approval, and it must meet the ordinance requirements for fences. Mr. Struebing asked if the removal of the lights needs to be added to the conditions. Mr. Brown said that can be added to condition #2. Days and times open are Monday thru Friday from 7:30-4:00pm.
A waiver for two-foot contours has been requested and this was moved by Mrs. Whittemore and seconded by Mr. Struebing. All in favor. Mr. Struebing made a motion seconded by Mrs. Boxer to find the application complete. All in favor. Mrs. Boxer made a motion seconded by Mr. Struebing to approve the application, with modified conditions. All in favor.
- Terradyn Consultants, for Leavitt Development, LLC (Highlands Subdivision), Map 10, Lots 11 & 19C- Application for blasting
Rick Meek from Terradyn was present as was Brian Leavitt from Leavitt Development.
He said they are here to seek a blasting permit for Highlands Subdivision. He said the plan is for the end closest to Route 25. There is a 500-foot limit from properties and impacts the properties on Jamison Farm Road. This 500-foot limit is for the town houses. Mrs. Boxer asked if they have a list of all properties and did they ask them about a pre blast survey? Mr. Meek said they had all been notified as this is all part of the process of the application.
Mr. Nappi asked how many properties would be impacted and Mr. Meek said 8 total. Mr. Nappi asked about the pre blast survey and Mr. Meek said its all part of the process.
Mr. Leavitt said they have blasted through for infrastructure contained in the map shown. He said they believe they will run out of ledge, but not completely sure. He said they might have to blast a bit more where they already have, and all people are notified and given the pre blast survey.
Mr. Hastings said he had nothing to add as it was discussed at the last meeting when they came for renewal of their prior blasting permit. Deanna Loring from Oak Hill Road said the application doesn’t have who is blasting and Mr. Leavitt said it’s the same company they have been using. She asked about the ledge face, and would there be more blasting? Mr. Leavitt said he hoped they were done and there is a possibility, but he hoped not. Mr. Leavitt said there could be a high spot but not much. Mrs. Loring said she would be affected as her home is on the same ledge. Mr. Leavitt said they will let people know if any other blasting would occur in her area. He said they always try and let everyone know.
Mrs. Boxer asked Mrs. Loring if she had a pre blast survey and she said they refused her. Mrs. Boxer asked if her basement had any cracks in it and Mrs. Loring said no. Mr. Leavitt thanked Mrs. Loring for her patience and understanding. The other blasting permit is permitted until the end of June 2022.
Mr. Brown asked for a motion to find the application complete. This motion was made by Mr. Struebing and seconded by Mr. Nappi, all in favor. Mr. Struebing made a motion seconded by Mr. Nappi to approve the application, all in favor.
- Mark Floor/Mark Illian, 405 Oss. Trl. W, Map 5, Lot 45B-Site Plan Application for a restaurant at the former Two Trails Diner
Mark Floor was present to represent himself and Mark Illian. He gave a presentation of what he would like to do as far as reopening the former Two Trails Diner. He said he included the tax bill showing its being taxed as a restaurant and not sure why its lost its status as such. He would like to do a drive through just for pick up only. He would like to waive the traffic study as this drive up would be a pickup kiosk only and not an ordering window. Mr. Floor said he doesn’t feel there would be any stacking of traffic.
Mrs. Boxer asked if Mr. Floor could do a drawing showing where the current septic is and where a new septic would be proposed if needed. She asked if he had notified the abutters about whether or not the septic had been recorded so the abutters would know the distance from their wells. Mr. Floor said that if the current one failed, the lot being so large, the septic could go almost anywhere without jeopardizing anyone’s well.
Mr. Brown said that there is a proposed septic showing what they would split off if needed for the septic. Mr. Brown said the proposed plan shows the septic right where the proposed addition to the building is going. Mr. Floor said it’s at least eight to ten feet from the end of that addition. He also asked if there is a full foundation and Mr. Floor said no and there are no frost walls. Mr. Walton asked where the septic field is and Mr. Brown said it’s the old one on the plan, not the new one. Mr. Brown said the septic’s need to be a certain distance from the abutters and the existing septic, which has never failed and built for a restaurant, is over 100 feet from the nearest abutter.
Mr. Brown asked about the existing power lines and the discontinued part of the road. Does anyone have an easement over it and the drainage goes back to Josie’s Brook? Mr. Floor said there are two catch basins for runoff, one about a thousand feet from the brook. Mr. Floor says CMP does have an easement for their equipment, but the Town did not retain any. Mr. Floor said he believed it was just an easement for the equipment.
Mr. Brown asked about the closest abutter and what right does he have over the right of way. Mr. Floor said that they took the parking spots to the road center. Mr. Hastings said there is a vegetated portion over the very end of the road. Mr. Floor said that the closest abutter, Mr. Chambers, is his grandson. Mr. Walton said that he sees cars stacking at the House of Pizza and their window is just pick up. Where would they go if food is not ready? Mr. Floor said they do not have to use the window; they can come in and wait to get their food. He said there is plenty of room to get around in an outside lane if there is a lot of traffic.
Mrs. Boxer said that the Board doesn’t have the ability to tell Mr. Floor not to do the traffic study. Mr. Hastings said that is in the ordinance and its very clear. Mrs. Boxer said that would have to be done and there was no choice. Mr. Floor said that he will eliminate the drive through, he was doing it as he thought it would be a convenience to the community. Mr. Hastings said the traffic study could be a hang up, so the applicant could eliminate the drive through window. Mr. Walton asked about a drive through later and Mr. Hastings said that will be an option as to amend the site plan.
Mr. Walton asked about outdoor seating and Mr. Floor said there are no plans. Mrs. Boxer asked about the interior drawings and was there going to be a bar as shown on the drawing. Mr. Floor said he wasn’t sure at the moment. She asked if there are any different rules if there was a bar and Mr. Hastings said that goes to the Council. Mrs. Boxer asked about the drawings and some things on there like a mega buck’s machine on the drawing. Mr. Floor said there would not be any mega buck’s machine. Mr. Floor said he is trying to square up the building for an interior cooler.
Mr. Walton asked about exterior lighting. Mr. Floor said the existing light was antique and has been removed. He said he will meet the requirements of the ordinance. Mr. Floor said there is a lot of impervious area.
Mr. Brown said three waivers are being asked for. He wanted to know how the contours are being done and where is the water flowing? Mr. Floor said he was going to grade the lot off and push the flow towards the catch basin as there is a dip in the middle of the parking lot. Mr. Brown asked how deep the catch basins are and Mr. Floors thinks they are 6 feet deep and have plenty of drainage.
There was no public comment. Mr. Hastings said there are some inconsistencies as far as parking, the easement and old road, how the parking spots will be delineated and how they mark them, the area between the lot and Rt.25, handicapped parking near the right of way. Mr. Floor said if he had to designate handicapped parking it would be nearest to the building and on the most level part of the lot. Mr. Brown said there is no guardrail or stop. Mr. Floor said his hope is that the patrons use the part of Pequawket Trail and he feels it would be a very mild use. Mr. Walton said he would rather come in off Rt.113 than Rt.25 because of the traffic. Mr. Hastings said the Town needs to know how the parking will be and the flow of the traffic.
Mr. Floor said the Town currently plows the road, the discontinued part to the end, and creates a snow barrier. Mr. Hastings said the plan needs to show a clear entrance from Pequawket Trail and how that entrance will affect parking. Mr. Floor said he can angle the parking spots, he can eliminate some, whatever the Board wants. Mr. Hastings said this is very doable but needs to be further shown on the plan. Mr. Floor said a culvert will need to be put in. Mr. Brown asked about impervious area and Mr. Floor said most of the area is paved with gravel all around the back.
Mr. Hastings said the Board needs to see a plan dropping the drive through and designating the entrance from Rt.113. Mr. Brown said he would like to know the depth of the catch basin. Mrs. Boxer said we need more information about the site plan and the drainage. Mr. Floor said the drainage would head away from Rt.25 back towards the side of the lot towards Rt.113.
Mrs. Boxer said that the Board needs to see contours and traffic levels. Mr. Brown agreed and Mr. Nappi as well. Mr. Brown said the Board needs to know where the drainage is and where the water is going. Mrs. Boxer asked about tabling the application until Mr. Floor gets more information about the easement, some plantings on the site. Mr. Hastings said that they probably would not want much landscaping near the road due to visibility issues. He feels the Board can be lenient on some things as far as landscaping goes. Mr. Floor asked if a vegetable garden can be considered for landscaping as they would like to grow some of their own vegetables during the growing season. Mrs. Boxer said a vegetable garden is vegetation and some Board members agreed.
Mr. Floor asked for a conditional approval if possible. The Board feels there are too many lose ends and needs more information. Mr. Brown said just spot grades would be good instead of a full-blown topo study. Mr. Brown said showing which way the water will be flowing and the grading of the lot, maybe 5-6 shots of the property. Mr. Floor said he would have Wayne Wood do this as soon as he can. Mrs. Whittemore said she understands the need to get going and she feels this is a great project. She asked what the Board would be asking for when he came back. Mr. Brown said the drive thru being dropped, the part of the discontinued road, minor landscaping plan and some plantings, the drainage and flow of the water and the parking. Mr. Hastings said Mr. Floor needs to check on the utility easement and he will send those to Mr. Hastings when he gets them. Mr. Hastings asked if anyone needed a site walk? Mr. Struebing said he felt no one needed one as the Board is aware of the property.
Mrs. Whittemore asked Mr. Floor if he has any concerns as to what the Board has asked for and he said no. She said she wants to make sure the Board has told Mr. Floor what they want and not putting up any roadblocks for him at the next meeting. Mr. Floor said that he will do what it takes for the Board. Mr. Floor said he would like to have an authentic Mexican restaurant. Mr. Struebing made a motion seconded by Mrs. Whittemore to table this application to the May meeting. All in favor.
Public Hearing:
Public Hearing for order 16-22- Amendments to Standish Town Code, Chapter 181, Land Use, Caregiver, Retail Stores
Mr. Hastings said this would change the ordinance so that the medical care givers can do retail sales from their existing space to the public. This would be medical specific and would have to hold to all regulations the Town has in place now. This would just be added to the already existing ordinance.
Mrs. Whittemore made a motion seconded by Mrs. Boxer to adjourn. All in favor at 9:00pm.