Standish Planning Board Meeting Minutes
Standish Planning Board
Meeting Minutes
May 02, 2022
The Standish Planning Board meeting was called to order by Chairman Charles Brown at 6:00pm. Present were Chris Struebing, Andrew Walton, Joleen Whittemore, Frank Nappi, Deb Boxer, Derek Wright, Town Planner Scott Hastings and Jackie Dyer, Admin to the Town Planner and Planning Board.
a. Call to order-Chairman Charles Brown
b. Opening Statement from Planning Board Chairman Charles Brown
c. Declaration of a Quorum (7 members present)
Approval of Meeting Minutes from April 04, 2022
Mr. Struebing made a motion seconded by Mr. Nappi to approve the meeting minutes. All in favor.
Approval of Finding of Fact:
Mrs. Whittemore made a motion seconded by Mr. Wright to approve the Finding of Fact. All in favor.
- Jason Webster, 4 NE Road, Map 36 Lot 18- Site Plan application for a mechanical repair garage
Mr. Struebing made a motion seconded by Mrs. Whittemore to approve the Finding of Fact. All in favor.
- Terradyn Consultants, for Leavitt Development, LLC (Highlands Subdivision), Map 10, Lots 11 & 19C- Application for blasting
Mr. Struebing made a motion seconded by Mr. Nappi 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 a site walk was held after the last meeting. He said at this point there are several issues that need to be discussed, one being sound and how it is going to be handled. He said the applicant had a report from Steve Ambrose and a very detailed sound report was submitted by the Glasgow’s from Scott Bodwell, acoustics engineer. He said before that moves on, maybe Mr. Ambrose should come before the Board and explain how he reached his data in his report, as it differs greatly from the report done by Mr. Bodwell. Mr. Brown said at some point the applicant will have to come forward with a better detailed site plan and not a conceptual one. Mr. Hastings said that more detailed plans on the entrance will be needed and an approved access way from the fire department, final grade and more detailed site plans with port a pottys, generator locations.
Mr. Boxer said she feels the Board either needs to accept of deny the application in a certain amount of time. She said they need to make a decision whether to deny or accept the application and she is prepared to make a motion that the Board deny this due to the information that the Board has right now. Mr. Brown said that a vote in the affirmative would need to be made and then a denial after. Mr. Hastings said if the applicant is willing, the Board can give them more time to come forward with more information. Mr. Walton asked if there was a certain time, if the Board denies this, that they can come back. Mr. Hastings said that he is not aware of any certain time frame before they can come back with a new application. He said as long as they are bringing something forward that addresses all the concerns, that would be good. He said this application has gone on for over 45 days.
Mrs. Whittemore said that she has a concern about surface water on the property. Mrs. Whittemore said that water for fire suppression is a concern for her. Mr. Wright said he is concerned about the runoff of water around where the parking is to be located and other areas as well. Mr. Brown said he feels they can’t approve the application and the hurdle about the noise needs to be addressed a lot more. Mr. Walton said maybe they need to go over all the aspects of approval. Mr. Brown said that until they have alot more information, that would not be done until then. Mrs. Whittemore said she feels the Planning Board meetings are being used to make their business plan and doesn’t feel this is the role of the Board. Mr. Walton said the business plan should have been submitted along with the application before the first meeting.
Mr. Nappi said he feels there is not an adequate plan to vote on and does the Board table this or deny it? Mr. Brown said they tabled it already until after the site walk. Mr. Nappi said there is not enough information for the Board to approve this. Mr. Brown said if they vote no, the application fails. Mr. Hastings said it is up to the Board to decide and if the application fails, give the applicant a list of things. Mrs. Whittemore said she would like to deny the application and Mrs. Boxer said she agreed that the Board doesn’t have enough information to approve this. Mrs. Boxer said she will vote to deny the application and if the applicant comes back with what is needed and what the Board has concerns about, she is okay with that.
Mr. Brown asked the Board how they would like to do a list of requirements for this. Mr. Hastings said they need to do a vote of not finding the application complete. Mr. Brown said finding it complete/not complete will be the first step. Mrs. Whittemore asked if the Board needed to let the public speak. Mr. Brown said the applicant could speak and if this is opened to the applicant, it must be open to the public.
Mary Lisa Fluke said that this has been a challenge and a learning experience. She said she tries to figure out the process and will continue to do so. She said she reached out to the person that did her survey with the Town’s requirements and he told her that was beyond his capacity. She said she reached out to DOT about the traffic, and they told her different things also. She said Mr. Ambrose that did the noise study, and she doesn’t feel he should be asked to come in as he is retired, and she is trying to find someone else. She said she is not sure about the electricity and the generator yet. She said she wished she knew a better way to find the answers to what she is being asked for. Mr. Brown said she needed to have a definitive outline of what they want to do, not what they might intend to do. He said the neighbors have put together a lot of information against this. Mr. Wright said the Flukes need to address the neighbors’ concerns. Mrs. Fluke said she thinks the neighbors have gone above and beyond. Mr. Brown said they need to go through the criteria for what is expected in a site plan. He said this is all in the ordinances. Mr. Brown said a civil engineer can do a design outlining all that is needed. He said they would have to get an analysis from a soil scientist for all the wetlands.
Mr. Brown told Mrs. Fluke that all her responses should go through staff and let him make any recommendations. Mr. Hastings said he would be happy to sit down with the Flukes and go over things. Mr. Brown said we did receive a lengthy email from the Glasgow’s attorney late this afternoon and no one has had a chance to read through it. Cindy Hopkins from Dolloff Road asked that if the application was denied, would that information be public? Mr. Brown told her yes and its all part of the public record. Mrs. Hopkins asked about Town requirements and was part of it about not impacting the neighborhood. Cindy said she knew the Flukes were struggling with so many neighbors’ concerns and being against this but feels the neighbors’ concerns were not taken into consideration by the Flukes.
Ben Plante, attorney for the Glasgow’s spoke and reiterated what he has said the past couple of meetings. He thanked the Board for their review and time. He encouraged the Board members to read what he submitted earlier today. He said this application lacks the details needed and what impact it will have on the neighbors. Mr. Plante said his clients have many concerns about various things the Board had already stated they were concerned with also. He said that his clients are concerned about the cost of this, and the applicant should be able to prove their financial commitment. He said the most problematic standard was the noise and how it would impact this neighborhood. Mr. Plante said he feels this application should be sent back to the drawing board. He talked about the traffic, the speeds of various vehicles. He said he feels the Board can deny this legal non-conforming lot even though the Town Attorney says the lot is not non-conforming.
Mrs. Whittemore said that she feels the Board is being told the same things over and over. She said she is tired of hearing repetitious talk about things, and they don’t need to be reiterated over and over. Brenda Glasgow said that she feels that they have to state things over and over, as they have had no response to anything. She said the impact for them would be extraordinary and personal. Mrs. Glasgow said their sound study was done but wondered about the study Mr. Ambrose did. She said there were things he never mentioned in his report or how they were obtained. She said all numbers for sound are online and anyone can look them up. She said her sound study engineer is highly respected and reputable. She said his report broke everything down and Mr. Ambrose’s did not. Mrs. Glasgow said that this disruption would be a detriment to their overall health and there are many studies done on this. Mrs. Glasgow said they are defending their home and their wellbeing. She said there is an ordinance that states the rights of the homeowners and how they have the right to quiet, the right to garden and be outside and have their windows open. She said they are tired of this, and it’s been very stressful for them.
Neal Rush said he may have to sell his house, but if a function is going on during a Saturday when there is an open house, this would be a discouragement to a potential buyer. Sandra Thurston spoke and said the Flukes property always has water on it and there was a brook like stream running during the middle of February. She read a statement she had prepared about the impact this would have on their neighborhood. She said with all of the sounds going on around already, this would have a negative impact with more and more noise, and this is not the place for the venue that the Flukes want and would change and ruin the neighborhood. A motion was made by Mrs. Whittemore and seconded by Mr. Wright to close the public hearing. All in favor.
Mr. Brown asked if there was a motion to find the application complete? There was no motion for this. Mr. Brown asked if there was a motion to table this? Mrs. Boxer made a motion to deny this application as presented. This was seconded by Mrs. Whittemore due to it not being complete. The Board listed the following as not included with the application: business plan not submitted, traffic concerns, screening of the project, noise due to the venue, traffic and generators, environmental impact, lighting not shown, water issues on the property. Mr. Hastings said these items can be added to the motion. This was moved by Mrs. Boxer and seconded by Mrs. Whittemore. All in favor and application was denied.
Mr. Brown asked if there was a time frame they could re-apply in, and Mr. Hastings said there was nothing in the Ordinance. Mrs. Fluke said the way they envisioned things happening and what they had in place, she felt was appropriate for the Town and now knows they need much more. She said she felt the Glasgow’s Attorney portrayed them in his letter about being deceitful and trying to pull the wool over people’s eyes, she said that was never the intent and wasn’t true.
New Business:
5 Brothers Development, Cider Mill Lane, Map 35, Lot 34-Subdivision Amendment for Homeowners Association
Tom Daniels was present to represent Five Brothers. He said they need approval from the Town for the changes for their HOA. Mr. Brown said that he had seen in the document that all of the homeowners are ready to sign off. Mr. Daniels said that this comes from some of the lenders and if approved from the Town, they will approve it also.
Mr. Daniels said there are a few changes. He said the changes are the percentage of votes needed from 75 % to 51% in changes if they needed anything further. Lot 1 would be removed from the HOA as that existed before the subdivision was established and there was a home there. He said they are listed as Cider Mill but are not in the subdivision. He said there are some lots that restrictions would be listed one, they would be removed from those restrictions.
Mr. Hastings read thru the proposed changes they are looking for. He said that most of this is really not something the Board has to be involved with, it was mostly the attorneys wanting this. Mr. Brown said that this seems to be mostly about Lot 1 and the water runoff. Mr. Daniels said that he needed Board approval per the attorneys. Mr. Hastings said he doesn’t believe the Town needs to approve this, but its because of the way it is written.
Mrs. Boxer made a motion to find the application complete, seconded by Mr. Struebing. All in favor. Mrs. Boxer made a motion seconded by Mr. Struebing to approve the application. All in favor.
Meeting adjourned at 7:54pm