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Standish Planning Board Meeting Minutes

Meeting date: 
Monday, June 6, 2022

                                                     Standish Planning Board

                                                          Meeting Minutes

                                                            June 06, 2022

 

 

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

 

Open Meeting

           a.        Call to order by Chairman Charles Brown

           b.       Opening Statement from Planning Board Chairman Brown

           c.        Declaration of a Quorum (6)

 

Approval of Meeting Minutes from May 02, 2022

 

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

 

Approval of Finding of Fact:

 

  • 5 Brothers Development, Cider Mill Lane, Map 35, Lot 34-Subdivision Amendment for Homeowners Association

 

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

 

  • Mary Lisa & Lawrence Fluke, 720 Oak Hill Road, Map 9, Lot 29-Site Plan Application for a Social Events Center (Application was denied)

 

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

 

Old Business:

 

  • 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 said that he was here two months ago, in May, and has come back with what the Board asked him for. He said they eliminated the drive through so as not to have a traffic study done. He said they have done some different plantings on the plan and the catch basins are there too. He said he feels the plan has been adjusted to what the Board wants.

 

Mr. Hastings said he thinks the Board is closer to what the plan was from last time. He said the drainage is a little scant but seems mostly appropriate. He said he wonders about the catch basin where the two roads intersect, also about the traffic flowing through the site. He said he would like to see more clarity of items on the site plan and has questions about the septic. He said the Board could put a condition about the septic into their approval, that it needed to be more clearly put on the plan and where the tank is located. He would also like to see what is paved surface, what is gravel and what the grades are for runoff.

 

Mark Floor said that the catch basin did have some pavement over it, and he has chipped that off as much as he can. He said the basin is a working one and should be fine for the runoff. He said he will try and get the rest of the asphalt off the basin. Mr. Brown said the land to the west of the existing building drains towards Ossipee Trl W at a 4-foot drop. Mr. Floor said the basin is down quite a way with a couple of inches of asphalt on it. The basin at the northeast corner is catching the rest from the parking lot. Mr. Hastings said that he didn’t think that it would really make a difference. Mrs. Boxer asked if the land in the back is all field. She said it seemed like more plantings could be done in line with the ordinance for landscaping. Mr. Floor said that is the septic and they want to stay away from roots and other things that could harm it. Mrs. Boxer said it’s the area beyond the septic. She also asked where the tank was and said it looked like it was under the addition. Mr. Hastings said that the tank can be inspected before they open.

 

Mr. Brown asked if the area between the building and Rt.25 would be grass? Mr. Floor said it will be eventually. Mr. Brown asked about the one-way traffic coming from behind the building into the parking lot? Mr. Hastings said the entrance there is not wide enough for traffic to flow both ways. Mr. Walton asked if that lane could be two ways and Mr. Floor said the residents from Winding Way use it as both an exit and an entrance from Pequawket Trail and not have to cross traffic from Rt. 25. Mr. Brown said he could see the barriers put up as an end to the road. Mr. Brown asked if the State had given permission for a raised bed in the right of way. Mr. Floor said it’s a raised-up piece and they could plant some flowers there. A maple tree will be planted within the triangular piece.

 

Mrs. Boxer asked if the building needed repair and Mr. Floor said it would. He wants to strip the entire building of siding, put new windows in and make it look nice. Mr. Floor said this building has been an eye sore for a long time. Mr. Wright asked about catch basins and grades from Mr. Hastings. Mr. Hastings said he is not an engineer, but he feels as long as things are smoothed out and catch basins are working, it should be reasonable with its drainage. Mr. Brown said there is a new drainage ditch shown and said it looked fine. Mr. Floor said the grade will be fixed as it should, and the drainage should be good.

 

There was no public comment. Mr. Brown said the applicant is looking for a couple of waivers from the requirements of 181-71 D and M. He said this is based on the runoff for catch basins and addressing water issues with a topographic survey. Mrs. Boxer made a motion seconded by Mr. Nappi to grant the waiver for the topographic survey. All in favor. Mr. Wright made a motion seconded by Mr. Walton that the application is complete with approved waivers and conditions of approval added. All in favor.

 

The Board talked about the Buffer area to Street Chapter 181-21 and was there adequate buffer area plantings. Mrs. Boxer said the paved corner and most of the area is paved, and she felt it was hard to put anything there except for some bushes along the back driveway and the extension of Pequawket Trail. Mrs. Boxer said maybe some small plantings would work and something besides trees. Mr. Brown said they have a plan for planting. Mr. Brown said they could add a raised bed or two. Mr. Walton asked Mr. Floor if he had any plans for outdoor seating and he said that he hadn’t considered it. Mr. Floor said it would be too close to Rt.25 and he said he didn’t see that happening. If he does decide later, he said he knows he would need to come back before the Board.

 

Mr. Brown asked about another raised bed by the existing utility pole and Mr. Floor said that it would not be a problem. This will be added to the conditions of approval said Mr. Brown. It can be annuals, perennials, etc. Mrs. Boxer asked about arrows for directional purposes, and would there be anything? Mr. Floor said he can put signs up but that doesn’t mean that people are going to follow them. Mrs. Boxer said that arrows on the pavement seem to work well. Mr. Walton asked about a sign and where would it be. Mr. Floor said that a sign on the building would work well and not block any sight distance. Mr. Floor said he could request a sign coming from Cornish way, from DOT, that tells how far ahead the restaurant is. He said that he will contact them himself. Mr. Brown said this is a good option and the Board agreed. Mr. Brown said that the entrance to the north of the building could be one way and Mr. Hastings said the Board could do that as a condition. Mr. Floor said that part of the land was drawn in for the drive through, which he some day will want to do. Mr. Floor said the Pequawket Trail extension is already two lanes.

 

Mr. Brown said the building basically stays the same as does the use as a restaurant. He said that a condition can be made that prior to any building permit being issued, the applicant must open the catch basin in question and show that its functional. The Board agreed. The Board feels the applicant meets the standard of financial capacity, fire safety, septic inspections will be done before a building permit is issued. Mr. Brown said the character of the district stays the same, the applicant has no prior approvals on anything.

 

Mr. Wright made a motion seconded by Mr. Walton to find the application complete. All in favor. Mr. Walton made a motion seconded by Mrs. Whittemore to approve the application with the following conditions. All in favor.

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the site plan application submitted by Mark Floor for the property Map 5 Lot 45B in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-8, and all other relevant standards of the zoning ordinance. With the following conditions: “

 

V. CONDITIONS –

 

  1. All work shall be in conformance with materials and plan submitted by Mark Floor and Mark Illian which consists of a site plan and supporting application materials.
  2. All new exterior lighting shall be concealed source/full cutoff as required by §181-18 of the Land Use Ordinance.
  3. This approval shall lapse and become void unless the start of construction or operation as defined in §181-70.1. A which reads: “Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, §181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.”
  4. 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.
  5. The addition of a raised bed to the westerly side of the existing pole north of the building.
  6. Grass front shall be on the easterly area
  7. Prior to any permits being issued, the applicant must provide to staff the catch basin rim and show its functional
  8. Septic information needs to be provided to the Code Enforcement Officer that the system is functional. Both the pump and the tank need to be shown in relation to the building.

 

 

New Business:

 

  • Highlands Subdivision, Map 10, Lot 11-Subdivision Amendment (Property conveyances to Standish Baptist Church and Leavitt Development, LLC)

 

Rick Meek from Terradyn Consultants was present to represent Leavitt-Thompson, LLC. He said there are two properties that they would like to convey. He said that Portland Water District has requested, that for these two properties to have water main connections, both the Standish Baptist Church and Leavitt Development, LLC, need a minimum of 100 feet frontage on Kayli Drive. He said that approximately 1582 square feet of land is proposed to be conveyed to the Church and 16,608 square feet to Leavitt Development.

 

Mr. Hastings said he had nothing to add. Mr. Brown said the plan says different from their cover letter and Mr. Meek said it’s a typo error. Mr. Brown asked about the Leavitt piece and said the plan is not clear on the square footage. He said it needs to be added and Mr. Meek said he will take care of it. He said some of the conveyance is already part of the existing plan of the subdivision. Mrs. Boxer made a motion seconded by Mr. Nappi that the application is complete. All in favor. Mr. Wright made a motion seconded by Mrs. Boxer to approve the application with the following conditions of approval. All in favor.

 

“Move that the Board grant approval of an amendment to the Highlands Subdivision as submitted by Terradyn Consultants on behalf of Leavitt-Tompson LLC under the provisions of the Standish Land Use code, having found it to meet the criteria and standards of the town of standish subdivision regulations (part 3 of §181 of the land ordinance) and all other relevant standards of the zoning ordinance. With the following conditions: “

 

  1. This approval is an amendment to a previously approved plan and review was limited to those elements of the plan that have changed.  All conditions and waivers of previous approvals are still in effect.
  2. No deviations from the approved plan are permitted without prior approval from the Planning Board for major changes, and from the code enforcement officer for minor changes. The determination of major or minor shall be made by the Code Enforcement Officer.
  3. The revised subdivision plan shall be recorded at the Cumberland County Registry of Deeds within 90 days of approval and a copy of the recorded plan shall be submitted to the Planning Department.

 

  • SAD #6, 719 Bonny Eagle Road, Map 3, Lot 59-Site Plan Amendment to add a propane fueling station at the bus garage

 

Todd Gammon from Blais Civil Engineers was present to represent the applicant. He said they are here to request adding two one-thousand-gallon propane tanks for fueling the buses at the bus garage. They would also be adding a well to the site and a bathroom to the already built structure. They are working with Crown Energy to complete this project.

Mr. Nappi asked about the building and was it unoccupied? Mr. Gammon said yes, but they are adding a bathroom in case one of the drivers needs it and are drilling a well. This building has been a storage building and will still be used for some storage. He said that this opens up the site and seven to eight buses can fuel at once. Mrs. Boxer asked about the wetland and Mr. Brown said its on the back side of the property. Mr. Gammon said they have tried to stay away from it as much as they could. Mrs. Boxer asked if there was any concern about oil leaks or things running from the buses to the wetland. Mr. Gammon said there is an underground filtration system in use and protects things in the future. This filtration system has nothing headed towards the wetland. Mr. Hastings said he had nothing to add other than we do not have a full septic design, and this could be put into the conditions of approval.

Mr. Brown asked about the pipes under the pavement for the septic and will they be insulated?  Mr. Gammon said he has a fully detailed plan, and this can be done if needed.

Mrs. Boxer asked if there were any responses from DEP, etc. Mr. Gammon said this was part of the application process and these will be submitted. Mr. Hastings said the Fire Chief has worked closely with the Code Enforcement Officer and was okay with this project. Mr. Walton asked about a gate to close this off at night and Mr. Gammon said there were no plans as this is in the back of the site and this is the entrance to the athletic fields. Mr. Gammon said there is a significant amount of parking at the top of the hill for the athletic fields. There are nine spaces available at the propane facility for parking and the propane tanks are fenced off.

Mr. Brown said the whole site would be closed off if it was gated. He asked for public comment and there was none. They are asking for a waiver for plantings. The Board felt okay with granting the waiver after a motion by Mr. Wright and seconded by Mr. Walton. All in favor. A motion was made by Mr. Wright and seconded by Mrs. Whittemore to find the application complete with the waiver. All in favor. Mr. Brown went through the site plan criteria 181-73. The Board agreed that they meet all the criteria and that L and M do not apply. Mr. Brown said that D is the soil and drainage for which they were granted a waiver.

Mr. Nappi made a motion seconded by Mr. Walton to approve the application with the following conditions. All in favor.

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the site plan application submitted by Blais Civil Engineers on behalf of SAD #6 for the property at map/lot 3-59 in Standish, having found it to meet the site plan review criteria of §181-73, the performance standards of §181-5, and all other relevant standards of the zoning ordinance. With the following conditions: “

 

  1. All work shall be in conformance with materials and plan submitted by Blais Civil Engineers on behalf of SAD #6 which consists of a site plan and supporting application materials.
  2. This is an amendment of a previously approved site plan. Review was limited to those elements of the plan that have changed.  All conditions of previous approvals are still in effect.
  3. All required MDEP permits shall be received and submitted to the town prior to the start of any site work.
  4. A full septic design must be submitted to and approved by the CEO prior to the issuance of building permits.
  5. This approval shall lapse and become void unless the start of construction or operation as defined in §181-70.1.A which reads: “Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, §181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval .If no such substantial start is made, the Planning Board approval shall lapse and become void.
  6. 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.

 

  • Mark Goodwin, 234 NE Road, Map 10, Lot 48-Site Plan Application for medical marijuana retail sales

 

Mark Goodwin was present to represent himself and his daughter, Alexandria. He said that they would like to open a retail medical marijuana store at 234 Northeast Road. This store would be located on the lower corner, to the left, nearest the horseshoe driveway coming from Northeast Road. They have done a lot of work converting from a commercial space to a retail and want people to feel comfortable, safe, and secure there. Mr. Hastings said that some of the site plan review criteria does not fit into this application. He said there are no external changes, nor any site plan changes as far as the building goes.

 

Mr. Hastings said that the Board has everything they need in their packets for this application. He said a lot of the decision is based on Chapter 181-19.2 which covers Medical Marijuana Caregiver Retail Stores. Mr. Nappi asked for clarity on this and a marijuana retail store. Mr. Goodwin said there are two retail uses, medical and adult use for recreation. He said his application is a medical use as you need to have a medical card to buy for medical uses from his store. He said that he is a caregiver, in that he sells for medical use only. Mr. Nappi asked if growing goes on in this facility and Mr. Goodwin told him this is a strict retail sale only. He said that was why he requested the waiver about the wastewater, as there isn’t any.

 

Walter Butler, owner of the building and Mr. Goodwin’s landlord said this has a site plan approved back in 2016 and should more than cover anything, including parking for the retail store. Mr. Walton asked about the RVs in the parking lot and Mr. Butler said that was temporary for them as they were doing some renovations and needed to get them off the property. He said he doesn’t see that continuing. There was no other public comment.

 

Mr. Brown said the Board needs to talk about the waivers for 181-71.1 A thru G. Mr. Goodwin said the suite he leases has already been approved for retail use. Mr. Hastings said this could be used as an amendment to an already existing site plan, but the Board can choose what they want to do. He said there are no changes in the sewer, character of the district, etc. Mr. Hastings said the submission requirements and performance standards are different. Mrs. Boxer made a motion to waive the submission requirements of 181-71.1 A thru G and M, seconded by Mr. Walton. All in favor. Mr. Wright made a motion to waive the submission requirements of 181-19.2 A.2, seconded by Mrs. Boxer. All in favor.

 

Mrs. Boxer made a motion seconded by Mr. Nappi to find the application complete with the approved waivers. All in favor.

 

Mr. Hastings said all questions he had were answered by the applicant before the meeting. Mr. Goodwin said his hours of operation are Sunday thru Saturday, 10am-7pm. There was no odor management needed as nothing is being grown. Mr. Goodwin said that they did install charcoal filters over the HVAC units, as that is the only means of any odors emitted from the unit. He said they have no retail trash that would be cannabis related as there is nothing to throw away other than some receipts and paper. Mr. Goodwin said they had a letter from Dean and Allen and there was no impact on the sprinkler system already there.

 

Mr. Goodwin said they have a security system and Mr. Hastings said the Ordinance reads that the Sheriff’s Office will be notified if there are any problems. Mr. Goodwin said they have Seacoast Security Services and have been told they would call Cumberland County. Mr. Goodwin said he would provide staff with a letter from Seacoast and what their policy is. He said they have added another egress from the unit, so they have two. Mr. Hastings said that all licenses must be in compliance and Mr. Goodwin said they have all licenses they need. He said nothing is made on site and is sold wrapped or by the pound and bagged before the person leaves the store. Mr. Goodwin said they are hoping to open July 1st, depending on the State processing, which is behind right now. He said all paperwork is in motion and they are just waiting. Mr. Hastings said that the Board may want to add a condition that the waste container must be locked. Mr. Goodwin said they are pretty frequently inspected.

 

Mrs. Boxer made a motion seconded by Mr. Walton to waive the reading of the Site Plan Criteria. All in favor.  Mrs. Boxer made a motion seconded by Mr. Nappi to approve the application with the Conditions of Approval. All in favor.

 

“Move that the Board grant approval under the provisions of the Standish Land Use code for the site plan application submitted Mark and Alexandria Goodwin for a proposed Medical Marijuana Caregiver Retail store at map/lot 10-48 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. With the following conditions: “

 

 

  1. All work shall be in conformance with materials and plans submitted by Mark and Alexandria Goodwin.
  2. All required State permits and licenses shall be received and submitted to the town prior to the issuance of an occupancy permit.
  3. The Code Enforcement Officer and Fire Chief must inspect the unit as outlined in §181-19.2 P before the issuance of any occupancy permit.
  4. This approval shall lapse and become void unless the start of construction or operation as defined in §181-70.1.A which reads: “Following the issuance of site plan approval for a specified use by the Planning Board, the applicant shall make a substantial start, as defined in Part 1, §181-3, and determined by the Code Enforcement Officer, on the approved use within three years from the original date of approval. If no such substantial start is made, the Planning Board approval shall lapse and become void.”
  5. 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.

 

  • Wood Aggregates, LLC, Oak Hill Rd., Map 9 Lot 24-Gravel pit Amendment to change access from Oak Hill Road to Pequawket Trail

 

Peter Dalphonso was present to represent Woods Aggregates as well as owner, Chris Woods. He said that they have been given access to their pit by Grondin’s and have negotiated an agreement with them. He said they were previously approved to use Oak Hill Road, but this is much better and easier. He said they are seeking approval to change their access and to upgrade the access road that Grondin’s uses. He said they would like to retain the Oak Hill access that they were approved for as they have no idea what the future holds. He said in the previous conditions, there might be some changes or modifications.

 

Mr. Hastings said he has already removed the conditions they have concerns about and created a new list mostly made of the previous conditions of approval. Mr. Dalphonso said they are still on Phase One and have hauled nothing in or out, just done some clearing of the land. He said this is just an amendment to change the access to go in and out of Rt.113. Mr. Dalphonso said the intersection of Middle Road/Grondin Road would be upgraded. Mr. Woods said they will upgrade the road, and this is much less of an impact and more desirable. He said they will be sharing maintenance with Grondins

 

Mr. Hastings said that Roger Mosley, PWD, sees no issue with this and neither does the Fire Chief. Mr. Hastings said that the Oak Hill approval will still be there but if they chose to come back and use that, they would still have to pay an impact fee. Tony Folsom said that he went down to their pit as people were shooting there and had two ranges set up. He said they had hanging targets and other items they were shooting at. He said the pit needs to be gated. Mr. Folsom said there are side by sides down there and he knows this is used by snowmobiles and ATVs both. He said their sign was destroyed and they need to put one back up, plus the gate. He said that people just think they can do what they want on others land. Tony said he was concerned about their Oak Hill access and all the trips they are making back and forth, as it causes a danger on the road.

 

Chris Woods said that as of today they have some signs, and they have a gate with no trespassing and its not their intent to have a shooting range. He said he is a snowmobiler and will do what he can to help with the trails and the landowners. He said he will reach out to the snowmobile club and see how they can help. He said they do allow hunting for some by permission only. He said their sign mentions no unpermitted access and they will do what they can to enforce it. He said they are going to notify the Sheriff’s office and let them know about the vandalism.

 

Brenda Glasgow from Oak Hill Road spoke. She said she approves the other access than Oak Hill Road as she feels it’s a much better and safer access. She said the speed on the road is indescribable, especially if they need to stop quickly. She said she would like more detail about why they want to retain the Oak Hill entrance. Chris Woods said for whatever reason if they lose their access off from Rt.113, they would still be able to get to the site. Mrs. Glasgow asked about a deeded access and give up Oak Hill as a backup. She said she thought deeded access went with the land and would stay. Chris said this is a big investment in being able to continue to work and they want to keep it.

 

Chris said that there is some gray area about use and access in deeds and how maintenance agreements can be interpretated. He said they are not asking for anything other than what they have been approved for and giving up the Oak Hill access is not an option.

 

Mr. Hastings said this is just an amendment to what they have and giving access off from Rt. 113. Mr. Brown said he feels this application is complete. Mr. Hastings said a copy of the road agreement and easements would be good. Mr. Woods said those will be registered at the Registry of Deeds. Mrs. Whittemore made a motion seconded by Mrs. Boxer to find the application complete. All in favor. Mr. Brown the site plan criteria has not changed, and the conditions have been amended by Mr. Hastings. Mrs. Boxer made a motion seconded by Mr. Walton to approve the application with amendments and a copy of the easements to staff, all the previous conditions are still in place. All in favor.

 

Public Hearing:

  • 32-22 Amendments to Standish Town Code, Chapter 181, Land Use, Adult Marijuana Cultivation

 

Mr. Hastings said that this is being reviewed by the Ordinance Committee as a allowing cultivation in the industrial zone. He said the performance standards are laid out and they are mostly the same as what was laid out for the Medical Marijuana retail store tonight. Mr. Walton said there are two industrial zones, one on Moody Road and the other off from Mill Street in Steep Falls. Mr. Hastings said they will be looking more as this goes forward. This would be for adult use cultivation only and cannot be sold to a medical marijuana retail store, as they are two separate entities. Mr. Hastings said this goes back to the Council and if passed, comes to the Planning Board for a conversion of a different use.

 

Meeting was adjourned at 8:30pm