12/9 - 13/04 draft
Minutes
Town of Waldoboro
Planning Board Meeting
December 8, 2004
1. Minutes of November 10, 2004; Notes on Walton Site Walk of November 13, 2004
2. Approval of Setback Waiver for Septic System, Carroll, 3001 Washington Rd. (R21/38A)
3. Approval of Change of Use from Retail to Restaurant, Hurd, 15 Friendship St. (U4/12)
4. Tabling Review of Dwelling Subdivision, Walton, 214 Jackson Road (R20/41)
5. Preapplication Discussion, Addition to First Baptist Church of Waldoboro, 71 Grace Ave. (U6/3)
6. Approval of Hazardous Materials Permit for Friendship St. Laundry, Kalloch Fuel Service (Friendship St. Co.), 26 Friendship St. (U4/116)
7. Informal Discussion of Setback Waiver for Replacement Mobile Home, Campbell,
168 Finntown Rd. (R8/44D)
8. Signing Subdivision Plan, 7-Lot Subdivision, Broad Cove Builders (R18/42)
9. Other Business: Wilderness Church/Moody, Union Road
The meeting was called to order by chairman Bo Yerxa at 7:05 p.m. Other members present were Abden Simmons, Chuck Flint, Terry Gifford (at 7:58 p.m., during review of the Hurd application) and JoAnn Myers. Board member Chuck Campbell was unable to attend but sent written comments. Code Enforcement Officer John Black was present. The audience included Therese Drapeau, Stephen Estey, Jeff Hurd, Marty Olsen and Wallace Walton.
1. Minutes of November 10, 2004, and Notes on Walton Site Walk of November 13, 2004
Planning Board members unanimously approved the minutes of November 10, 2004, as distributed, and unanimously approved CEO John Black’s notes on a site walk of Wallace Walton’s property at 214 Jackson Road on Saturday morning November 13.
2. Approval of Setback Waiver for Septic System, Carroll, 3001 Washington Rd. (R21/38A)
Howard and Janet Carroll and site evaluator Charles B. Dolham were present at the November 10 Planning Board meeting for review of the Carrolls’ request for a setback waiver to locate a septic system 17 feet from the road right-of-way of Washington Road. The proposed setback meets State plumbing code but not the local ordinance, which requires a 30-foot setback. Dolham has determined that the only place on the 3-acre property that passes for a septic system is close to the road, requiring a setback waiver. The application was tabled at the Nov. 10 meeting for lack of a written request for waiver and written responses to the six requirements for a finding of practical difficulty justifying a waiver. The Carrolls have submitted the required written material, but were not present at tonight’s meeting. They want to put a double-wide mobile home on the lot in 2005 if a septic system can be installed.
Chairman Yerxa read the applicants’ responses to the six requirements for a finding of practical difficulty justifying waiver. The Board agreed that all six requirements are met.
1) The need for a waiver is due to the unique circumstances of the property - met. The lot meets the minimum lot size requirement, but most of the back land is wet. Installation of a septic system requires a setback waiver.
2) Granting the waiver will not alter the essential character of the locality – met.
3) The practical difficulty is not the result of action taken by the applicant or a prior owner since the ordinance was adopted – met. The undeveloped lot was purchased in 1979, before the land use ordinance was adopted. The practical difficulty is that the only place on the lot that a septic system can go is within 30 feet of the front lot line at Washington Road.
4) Granting the waiver will not substantially reduce the value of or impair the use of abutting properties – met.
5) Granting the waiver is based upon reasonable need, not convenience, and is consistent with the best use of the property – met. The only place on the property where a septic system can go is within 30 feet of the road. Without a setback waiver, the lot cannot be developed for residential use.
6) The strict application of the ordinance to the property results in significant economic injury to the applicant – met. The lot was purchased in 1979, before the ordinance was adopted, with the intent of building a small retirement home.
On motion of Flint/Simmons , the Planning Board voted 4 – 0 to approve granting a setback waiver to allow the Carrolls to install a septic system 17 feet from the road right-of-way at 3001 Washington Road.
3. Approval of Change of Use from Retail to Restaurant, Hurd, 15 Friendship St. (U4/12)
Owner Jeff Hurd was in for review of his request for a permit to operate a restaurant at 15 Friendship St. next to the former Pine Cone restaurant, in the space most recently used as a bookstore. He has experience managing a restaurant. Application materials submitted include a diagram of the first floor showing eight tables, rest room, takeout area and kitchen. The maximum seating capacity is 25. The building is served by public water and sewer. Propane is used for cooking. The abutter to the north has no objection to the change of use. The restaurant will be called the Narrows Tavern.
The Planning Board held a preapplication discussion of the proposed restaurant at its September 8 meeting (Item 7, p. 5). Hurd was asked to state the hours of operation and address handling of cooking odors, disposal of cooking fats and storage of refuse and trash prior to removal. He was told he needs a permit from the State Fire Marshal’s office and a local sign permit, and was asked to provide evidence of financial capability.
The Board decided that a site plan is not required for a new use of an existing building that does not involve any exterior site work, and agreed to accept the applicant’s written submission in lieu of a site plan. The Board went through the worksheet for site plan review.
1. Jurisdiction: The request is for a change of use of land from commercial/retail to restaurant.
2. The applicant is not in violation of the provisions of a previously approved plan.
3. General Performance Standards
B. Air emissions: applicable and conforming.
D. Construction standards: Hurd has not yet received a permit from the State Fire Marshal’s office. The only construction involved is interior remodeling, which is substantially complete. Hurd’s written submission states that the ~150-year-old building has been brought up to current building codes, including new electrical service, new insulation, and new windows, doors and staircase in the commercial space.
F. Glare: Hurd plans an exterior lighted sign, not neon, with shielded lighting to prevent glare onto the street or adjacent properties. He needs a local sign permit. Applicable and conforming as described.
J. Noise: applicable and conforming as described.
K Offstreet parking and loading: There is no possibility of onsite parking, as Hurd owns only the building and the land it sits on. There is onstreet parking on both sides of Friendship St. including one space reserved for handicapped persons. A parking lot behind the building is owned by Ted Wooster and used as a public parking lot. Hurd owns two parking spaces at the rear of the building. Deliveries will be in the rear. The Planning Board has waived the requirement for off-street parking for other downtown businesses.
L. Odor control: The only source of offensive odors is food garbage, which will be picked up once a week.
M. Refuse disposal: Hurd will install a new Dumpster to contain refuse, which will be picked up once a week.
N. Sanitary provisions – met; on town sewer.
P. Signs: Proposed signs will meet the local sign ordinance.
S Storage of materials. There will be no exterior storage of materials. Restaurant supplies and stock will be stored inside the building.
The following general performance standards were found inapplicable: A access to lots; C buffer areas; E explosive materials; G landscaping; H hydrogeological assessment; I net residential area; O setbacks and screening; Q soils; R erosion control; T stormwater management; U street access and driveways; V water quality impacts.
On motion of Myers/Flint, the Board voted 4 – 0 – 1, Gifford abstaining, that all applicable general performance standards are met, conditional upon the applicant’s submitting a permit from the State Fire Marshal’s Office, and with waiver of the off-street parking requirement.
4. Specific Performance Standards: The only applicable standard is N, restaurants, which was found to be conforming. The maximum seating capacity is 25, there are two public restrooms (one handicapped-accessible), the restaurant is connected to the public sewer, a fence will be installed at the rear of the building to screen the propane tank, and loading is at the rear of the building. On motion of Myers/Flint, the Board voted 4 – 0 – 1, Gifford abstaining, that all applicable specific performance standards are met.
The Board then went through the review standards checklist. The following review standards were found to be met: A no undue water or air pollution; B sufficient water for drinking and fire control; C no unreasonable burden on existing water supply; D no unreasonable soil erosion; E no unreasonable public road congestion; F adequate sewage disposal; G no unreasonable burden on municipality for disposal of solid waste and sewage; H no undue adverse effect on scenic or natural beauty; K will not adversely affect water quality of the Medomak River; L will not adversely affect quality or quantity of groundwater; M not in a flood-prone area.
The following review standards require further material to be submitted. Review standard I, compliance with all local ordinances and land use plans, is met with waiver of the off-street parking requirement, conditional on obtaining a sign permit and a permit from the State Fire Marshal’s office. Review standard J, adequate financial capacity, will be met by providing to the Code Enforcement Officer a satisfactory letter from a financial institution. Review standard N, will meet all local land use standards, will be met when the applicant has provided evidence of the proper permits, and with waiver of the off-street parking requirement.
On motion of Myers/Flint, the Board voted 4 – 0 – 1, Gifford abstaining, that the application meets all applicable review standards, conditional on review by the Code Enforcement Officer of the proposed signs and lighting, a satisfactory letter from a financial institution attesting to financial capability, and a permit from the State Fire Marshal’s office. Chairman Yerxa asked the minutes to show that the Planning Board accepted the applicant’s written submission titled “Planning Board Worksheet” in lieu of a formal site plan.
On motion of Myers/Flint, the Board voted 4 – 0 – 1, Gifford abstaining, to approve granting Jeff Hurd a permit for a change of use of the building at 15 Friendship St. to a restaurant.
4. Tabling Review of Dwelling Subdivision, Walton, 214 Jackson Road (R20/41)
Wallace Walton wants to add two rental mobile homes on his property on Jackson Road. This request received preapplication discussion at the November 10 Planning Board meeting. He put two mobile homes on the land more than five years ago, and added two more last year. The request to add two more mobile homes would create a dwelling subdivision requiring Planning Board review. Four Planning Board members made a site visit on November 13.
Walton was asked to provide a survey plan of the property showing the locations of the mobile homes. The survey has not yet been done, therefore the application is incomplete. Walton said he has a map of the property drawn to scale showing the locations of the mobile homes and wetlands. Chairman Yerxa said Walton’s map does not show topographic contours. On motion of Myers/Flint, the Board voted 5 – 0 to table the Walton application until the requested survey plan is available.
Abutter Stephen Estey was present. He said he opposes Walton’s subdivision because it devalues the Estey property to have a trailer park next door. Some of the mobile homes are located very close to his property line. He complained about noise and said the property is littered with derelict appliances and trash bags. Walton said trash is picked up weekly.
CEO Black read an e-mail from Lewis Hitzrot, who owns property across Jackson Road from the Walton land. Hitzrot expressed concern about overdevelopment of the Walton property and degradation of water quality if five or six single-family homes are placed there.
CEO Black said he received a call from another neighbor inquiring about the process for requesting a public hearing on the Walton subdivision. Myers said that according to the Site Plan Review and Subdivision Ordinance (p. 10), the Planning Board can schedule a public hearing within 30 days of receipt of a complete application. Since Walton’s application is not complete, it is premature to schedule a public hearing.
Black will do research to determine if Walton is in violation of the ordinance because he has already created a mobile home park (three or more mobile homes) without Planning Board review.
5. Preapplication Discussion, Addition to First Baptist Church of Waldoboro, 71 Grace Ave. (U6/3)
Marty Olsen,
chairman of the Building Committee of the First Baptist Church, was in to
discuss plans for an addition to the church building. He has a complete set of
engineers’ plans and a site plan showing the existing 105’ x 144’ building, the
proposed two-story 36’ x 39’ addition, and a second future wing. The proposed
addition will serve as a connector to the future sanctuary. The first floor
will be an entryway and the second floor an additional Sunday school classroom.
Both the existing structure and the addition are of pre-manufactured
construction. There are no bathrooms in the addition. The addition will not
increase seating, parking or traffic flow. The fire marshal’s office has
reviewed the plans and recommended moving the whole addition 8’ to allow direct
access to the outdoors.
Myers suggested that Olsen go over the site plan checklist and be sure that he can provide all the information requested. CEO Black gave him a copy of the site plan review forms.
6. Approval of Hazardous Materials Permit for Friendship St. Laundry, Kalloch Fuel Service (Friendship St. Co.), 26 Friendship St. (U4/116)
Kalloch Fuel Service of Rockland requests a hazardous materials permit to move an above-ground 1,000-gallon LP gas tank 10 feet to bring its location into compliance with Federal law. The applicant was not present. On motion of Myers/Gifford, the Board voted 5 – 0 to approve granting a hazardous materials permit for relocating the LP gas tank at 26 Friendship St.
7. Informal Discussion of Setback Waiver for Replacement Mobile Home, Campbell, 168 Finntown Rd. (R8/44D)
At its November 10 meeting the Planning Board approved a setback waiver for a replacement septic system for the Stewart Campbell property on Finntown Road to replace a failed system. The Campbells’ mobile home was flooded by a plumbing leak and is uninhabitable. They want to replace it with a doublewide mobile home at the same location, requiring a waiver of the 30’ setback distance from a side lot line. The lot was developed in 1978 or 1980. There is no cement pad for the existing mobile home, a 1993 14’ x 72’ unit. The replacement mobile home is a 2005 24’ x 70’ unit, 2’ shorter but 10’ wider than the existing mobile home. A site plan has been prepared by Thayer Engineering. The applicants have submitted a written request for a setback waiver including responses to the six criteria justifying granting a waiver for practical difficulty.
Since there is no cement pad, Gifford questioned why the new mobile home cannot be located further from the side lot line, so that a setback waiver is not needed. The written application states that changing the location would require much more fill and expense for the Campbells.
The item was not on tonight’s agenda, and abutters have not been notified of the waiver request. The applicants were not present. The Planning Board did not act on the application.
8. Signing Subdivision Plan, 7-Lot Subdivision, Broad Cove Builders (R18/42)
Members present signed the final subdivision plan for the seven-lot addition to Evergreen Estates subdivision at 51 Balsam Drive.
9. Other Business: Wilderness Church/Moody, Union Road
A Planning Board member asked whether construction at Peter Moody’s property on Union Road (R20/30D) is a building for the Wilderness Church (2188 Union Road). CEO Black said he issued a building permit for a garage. Moody will need Planning Board review if he wants to turn the garage into a church.
Adjournment: The meeting was adjourned at 8:55 p.m.