10/14-15/04 draft revised 10/20/04 w/Yerxa input
Minutes
Town of Waldoboro
Planning Board Meeting
October 13, 2004
1. Minutes of September 8, 2004
2. Approval of Change of Use to Bed-and-Breakfast, Brodis, 60 Glidden St. (U4/46-4)
3. Preapplication Discussion of Townline Takeout, Myers, 285 Manktown Rd. (R14/31)
4. Preapplication Discussion of New Consolidated Middle School, MSAD #40, Manktown Road
5. Approval of Setback Waiver for Deck, Cutchens, 42 Severson Lane (R13/44-1)
6. Approval of Change in Sidewalk Location, BC Housing Subdivision, 327 Friendship Rd. (U2/7A)
7. Signing Previously Approved Subdivision Plans for Brown One-Lot Subdivision (R16/57),
Re-subdivision at Ice Pond at Pitchers Cove Subdivision (R9/16-12)
8. Board Issues
The meeting was called to order by chairman Bo Yerxa at 7:04 p.m. in the meeting room at the Municipal Building, with a quorum present throughout. Code Enforcement Officer John Black was present. Newly appointed member Chuck Flint was welcomed. The audience included Gerry and Roger Brodis, Jeffrey Grant, David Hart, April Lautman, Nicholas Lautman, Jessica Myers, and Scott Vaitones.
1. Minutes of September 8, 2004
Jo Ann Myers, chair of the September meeting, asked Board members to verify several points in the draft minutes according to their recollection of the discussion.
a) In paragraph 4 of item 5 on p. 3, Board members believed the September vote to accept the Sunset Ridge stormwater management plan was unanimous.
b) Under Paving near the top of p. 4, Item 5, members agreed that the Board decided not to require paving for Brown’s private subdivision road, even though it serves more than eight lots. This decision was supported by attorney Wayne Crandall, although Lincoln County planner Bob Faunce submitted a written opinion that a private road serving more than eight lots must be paved according to the local ordinance.
c) In the subhead of the last paragraph under Item 5, Board members agreed to delete the words “Blanket approval of”; the subhead now reads “Prior Brown lots”. There was discussion of the meaning and intent of the motion at the end of the last paragraph above Item 6. Discussion will be continued at the next meeting, at which Planning Board members will be asked to sign a sketch plan showing the location of all lots created by Wayne Brown in Waldoboro (see Item 8 below).
d) Myers asked that a sentence be added at the end of Item 9, Comments on Dock on Submerged Land, “The Planning Board chose not to submit a formal comment on the application.”
With these changes, on motion of Campbell/Myers the Board voted 5 – 0 – 1, Flint abstaining, to accept the minutes of September 8 as amended.
2. Approval of Change of Use to Bed-and-Breakfast, Brodis, 60 Glidden St. (U4/46-4)
Roger and Gerry Brodis were in for review of their application to operate a five-bedroom bed-and-breakfast at their home, the historic Reed Mansion. An interior sprinkler system will be installed for fire protection. The building is served by public water and sewer. The present exterior lighting consists of a 60-watt fixture on the garage. There is no street light at the corner of School and Glidden Sts. The Brodises may add new exterior lighting for safety purposes. They will provide specifications for typical shielded exterior lights for approval by the Code Enforcement Officer. The three guest parking spaces closest to the Lautman garage are more than 5’ from the property line, therefore meet the setback requirement.
Chairman Yerxa went through the site plan review submission checklist. Because the application is for a change of use of an existing building, involving minimal site disturbance, many items in the submission checklist are not applicable. The following application elements were found present: 1 owner and developer; 2 name of development, scale, north arrow, date; 3 lot boundaries; 4 dimensions of buildings; 7 location map showing relation of development to properties within 300 feet; 8 location and size of existing buildings, watercourses, other essential features; 9 location and size of existing sewers, water mains, culverts, drains; 10 location, size, and elevation of existing and proposed utilities; 17 narrative demonstrating that all performance standards can be met; 18 written review comments by municipal officials. The following items were found not applicable: 5 temporary markers; 6 parcels to be dedicated to public use;
11 locations, names, widths of existing and proposed roads, easements, parks, open spaces;
12 contour interval; 13 cross sections of proposed roads, sidewalks, storm drainage facilities;
14 soil erosion and sediment control plan; 15 soils report for septic system; 16 flood map;
19 hydrogeologic assessment; 20 traffic impact analysis; 21 groundwater extraction impact analysis; 22 visual impact analysis. On motion of Myers/Gifford, the Board voted 6 – 0 that all applicable elements of the site plan are present.
The Board then went through the site plan review worksheet.
1. Jurisdiction: Conversion of any use to bed-and-breakfast.
2. Applicants are not in violation of the provisions of a previously approved plan.
3. General performance standards. The following standards were found applicable and conforming: A access to lots; D construction standards; F glare; G landscaping; J noise; K off-street parking and loading; M refuse disposal; N sanitary provisions; O setbacks and screening; P signs (none currently; will comply with sign ordinance); U street access and driveways. The following standards were found not applicable: B air emissions; C buffer areas; E explosive materials; H hydrogeologic assessment; I net residential area; L odor control; Q soils; R erosion control; S storage of materials; T stormwater management; V water quality impacts.
On motion of Gifford/Campbell, the Board voted 6 – 0 that all applicable general performance standards are met.
4. Specific performance standards: Five specific performance standards for bed-and-breakfasts are given on p. 39 of the Land Use Ordinance. The application includes a scale drawing of the lot showing building location and five existing parking spaces for guests in addition to a two-car garage for the Brodis vehicles. Each guest bedroom has a private bath. Each rental room is at least 120 feet in horizontal dimensions. Smoke detectors have been installed. A sprinkler system will be installed. On motion of Gifford/Campbell, the Board voted 6 – 0 that all applicable specific performance standards are met.
5. Review standards: The Board determined that the following review standards are met:
A no undue water or air pollution; B sufficient water supply; C no unreasonable burden on existing water supply; D no unreasonable soil erosion; E no unreasonable highway or public road congestion; F adequate sewage disposal; G no unreasonable burden on ability of town to dispose of solid waste, sewage, demolition debris; H no undue adverse effect on scenic or natural beauty; I complies with all Waldoboro ordinances, comprehensive plan; J adequate financial and technical capacity, contingent upon providing a letter from a financial institution attesting to financial capability satisfactory to the Code Enforcement Officer; L will not adversely affect quality or quantity of ground water; N will meet Waldoboro land use ordinance terms and performance standards. Review standards K and M were not applicable, because the property is not within 250 feet of a water body nor in a flood-prone area. On motion of Gifford/Myers, the Board voted 6 – 0 that all applicable review standards are met.
On motion of Gifford/Myers, the Board voted 6 – 0 to approve granting a permit for the change of use of the Reed Mansion to a bed-and-breakfast, with three conditions: providing specifications for typical exterior shielded light fixtures; signs that meet the sign ordinance; and a letter attesting to financial capability satisfactory to the Code Enforcement Officer.
3. Preapplication Discussion of Townline Takeout, Myers, 285 Manktown Rd. (R14/31)
Jessica Myers was in to present plans to operate a take-out food stand on her property on the east side of Manktown Road opposite Medomak Valley High School. The lot is a grandfathered residential lot. The take-out will be open during the school year between April and October after school hours and during athletic events. A State license is required for food service. CEO Black said the land use ordinance has a section on restaurants but no separate standards for take-out food service. Other lunch wagons in Waldoboro are mobile. The definitions section of the land use ordinance contains definitions for fast - food restaurants and drive-ins (p. 12).
The food stand will be a freestanding building 12’ x 15’ with running water but no toilet facilities. A separate driveway entrance for the takeout stand is required. Manktown Road is a State road.
The applicant will need to apply for an entrance permit from the State Dept. of Transportation. Sight distances are adequate. The driveway and building will meet required setbacks. There is room for six vehicles to park in front of the stand. According to specific performance standard N Restaurants on p. 49 of the land use ordinance, parking is supposed to be on the side or rear of the building rather than in front, but CEO Black noted that the Planning Board waived this requirement for the new oriental restaurant opposite Moody’s. Parking and loading areas are supposed to be screened from abutting residences within 200 feet. Specific performance standard N requires that restaurants provide restroom facilities on the premises. Planning Board members suggested that Myers contact the State about the possibility of a designated cross-walk between the school campus and the take-out.
The food stand will have a fryolator. Gifford told Myers that she needs to arrange for proper disposal of used fat. Myers will need to provide proof of financial capability. She said she already has all the equipment needed.
Chairman Yerxa asked Board members to forward any subsequent questions or comments about the food stand to CEO Black.
4. Preapplication Discussion of New Consolidated Middle School, MSAD #40, Manktown Road
District business manager Scott Vaitones and project architect David Hart of H.L. Turner Group, Inc., presented a site plan and building plans for a proposed consolidated middle school with a capacity of 345 students, to be located on District-owned land adjacent to Medomak Valley High School. The new middle school would serve all 7th and 8th grade students in MSAD #40. Hart said the State has approved the site selection. The project is now undergoing a conceptual review process for approval of the building plan, site plan and budget, before the project can go to referendum.
The proposed building will be about 57,000 s.f., two stories with a pitched roof and steel frame construction on a cement slab. Siding material has not yet been decided. An environmental assessement of the building location has been done. Representatives of the Dept. of Environmental Protection have inspected the site to look at wetlands and buffer zones. Soil tests have been done. Several options for sanitary waste disposal are being considered, including extending the public sewer to the site or using an on-site in-ground disposal system or a combined septic system serving both the high school and middle school. The building will be equipped with sprinklers and served by an existing fire pond and a second fire pond to be constructed near Manktown Road.
Hart asked the Planning Board to provide a letter to him within two weeks saying that the Board has reviewed a schematic site plan, exterior elevations and building plans dated 10-4-04 and has been briefed on the review and planning process and the other parties involved. The secretary was asked to provide a letter to CEO Black for signature by Planning Board chairman Yerxa.
Vaitones said the MSAD #40 School Board voted October 12 to present the project to the State Board of Education the first week in November. There will be a second meeting with the State Board in December. The goal is a district-wide referendum on January 11, 2005. If the project is approved, it will enter a final design phase taking approximately nine months, then go to bid. The estimated cost is $12.7 million. The local school board has voted to limit the local share to no more than $1.25 million. A public hearing was scheduled for October 14 at Medomak Valley High School to provide information to the public and answer questions, followed by a straw vote to determine support for the project.
Vaitones and Hart were told that the Planning Board meets the second Wedneday in each month. The next meeting is Nov. 10. Materials are requested three week in advance, to give Planning Board members time to review them ahead of the meeting.
5. Approval of Setback Waiver for Deck, Cutchens, 42 Severson Lane (R13/44-1)
William and Rosemarie Cutchens request a 2 ½’ waiver from the 30-foot side lot line setback distance in order not to have to cut off part of the deck on their former house, which they have sold. During mortgage inspection for the new owners, the deck was found to be 27.5’ from the side lot line with Lot 44-C, in violation of the ordinance setback requirement. The house was built in 1996. The deck was in its present location when the Cutchenses bought the house in 1998. The deck is not visible from the main road, Goshen Road. On motion of Gifford/Simmons, the Board voted 6 – 0 to approve granting the requested 2 ½ foot waiver from the 30-foot side lot line setback distance.
6. Approval of Change in Sidewalk Location, BC Housing Subdivision, 327 Friendship Rd. (U2/7A)
During site work for construction of Friendship Street Housing, the 16-unit clustered rental housing subdivision at 327 Friendship Road, it was found that the sidewalk location is not feasible as originally planned, as it would remove more vegetative buffer than is desirable. The developer seeks Planning Board permission to amend the subdivision plan approved on February 11, 2004, to move the sidewalk closer to the street. A sheet dated September 2004 was distributed showing a plan view and construction details of the sidewalk in the new location. The sidewalk will be no closer than 6” from the trunks of the existing oak trees and efforts will be made to avoid root damage during sidewalk construction. On motion of Myers/Campbell, the Board voted 6 – 0 to approve moving the sidewalk on the Friendship Street Housing property closer to the street.
7. Signing Previously Approved Subdivision Plans for Brown One-Lot Subdivision (R16/57) and Ice Pond Re-subdivision (R9/16-12)
Members present signed two previously approved subdivision plans. Wayne Brown’s one-lot subdivision at 211 Whitcomb Drive was approved at the June 30 Planning Board meeting, and re-subdivision of Lot 12 at Douglas Fitts’s subdivision was approved at the September 8 meeting. Final subdivision plans for Brown’s five-lot Sunset Ridge subdivision and Broad Cove Builders’ seven-lot subdivision on Balsam Drive were not available for signature at tonight’s meeting.
8. Board Issues
Gifford suggested a change in Board procedure, that when a municipal official, town attorney or consultant wishes to make a substantive comment or formal recommendation about an agenda item, that person should either be present at the Planning Board meeting or provide written input in advance of the meeting for distribution as part of Board packets. Myers agreed, except where the information is of a routine nature such as the number of days’ notice required for a public hearing; this sort of input can be transmitted orally by the Code Enforcement Officer. Yerxa said written comments are a safeguard for the Planning Board in case a legal question arises. The written comments can be submitted hard-copy or electronically to CEO John Black. The minutes were asked to show that the sense of the meeting was to adopt Gifford’s suggestion.
Black told the Board that a composite sketch of Wayne Brown’s lots is being created, containing up-to-date deed references and owners’ names. This sketch is proposed to be recorded at the Lincoln County Registry of Deeds with a statement signed by the Planning Board that all lots shown on the composite sketch are approved. Some of the lots shown were created at more than five-year intervals and thus did not constitute subdivisions requiring Planning Board review. Conveyances from Brown to Brown Homestead were treated as inter-family transfers not requiring Planning Board review, but attorney Wayne Crandall advised the Board in May that these lots may technically be illegal and should have received Planning Board review, because Brown Homestead is not a family member. Black’s purpose in recommending that the Planning Board sign the composite sketch is to avoid title problems in future for any of the former Brown lots shown on the surveyor’s sketch plan.
Adjournment: The meeting was adjourned at 9:30 p.m.