7/2/04 draft revised w/Yerxa input 7/6/04
Minutes
Town of Waldoboro
Planning Board Meeting
June 30, 2004
1. Minutes of May 12, 2004
2. Election of Yerxa Chairman, Myers Vice Chairman for 2004 – 2005
3. Approval of Hazardous Materials Permit for Propane Tanks, Chinese Jade Restaurant, Juntura, 25 Washington Rd. (U7/17)
4. Approval of Permit for Salt Storage Facility, Dept. of Transportation, 1510 Old Rt.One (R13/17)
5. Preapplication Discussion, Bed & Breakfast, Brodis, Reed Mansion, 60 Glidden St. (U4/46-4)
6. Approval of One-Lot Subdivision, Wayne Brown, 211 Whitcomb Drive (R16/57)
7. Five-Lot Subdivision, Wayne Brown, Sunset Ridge Rd. (R16/54B & 56) – Tabled
8. Preapplication Discussion, Broad Cove Builders Subdivision, 51 Balsam Dr. (R18/42)
9. Preapplication Discussion, Auto Repair Shop, Moore, 2880 Atlantic Hwy. (R 13/5-1)
10. Next Planning Board Meeting: Wednesday July 14, 7:00 p.m.
The June 30 meeting was a rescheduling of the June 9 meeting, which was cancelled for lack of a quorum. The meeting came to order at 7:05 p.m. with a quorum present throughout. Bo Yerxa chaired the meeting starting at 7:10 p.m. on being elected chairman. Members present were Chuck Campbell, Terry Gifford (until 10:05 p.m.), JoAnn Myers, and newly appointed member Abden Simmons, who was welcomed. Code Enforcement Officer John Black was present. The audience included Gerry Brodis, Roger Brodis, Wayne Brown, Tyler Lupien, John Mathieson, Barry Marston, Mason Moore, Suzanne Moore, Martha Ross, Mitchell Ross, and Butch Worcester.
1. Minutes of May 12, 2004
On motion of Campbell/Gifford, the Board voted 3 – 0 – 1, Simmons abstaining, to accept the May 12 minutes as distributed. During the meeting a change was made in Item 10, p. 5, line 6 of the paragraph starting “Morris summarized”, to add the word “site” before “development”, to clarify that the three-acre criterion for requiring a stormwater management plan applies to the acreage of disturbed ground rather than total acreage of the subdivision.
2. Election of Yerxa Chairman, Myers Vice Chairman for 2004 – 2005
On motion of Myers/Gifford the Board voted 4 – 0 – 1, Yerxa abstaining, to elect Bo Yerxa chairman. On motion of Yerxa/Gifford, the Board voted 4 – 0 – 1, Myers abstaining, to elect JoAnn Myers vice chairman for 2004-2005.
3. Approval of Hazardous Materials Permit for Propane Tanks, Chinese Jade Restaurant, Juntura, 25 Washington Rd. (U7/17)
Butch Worcester of Webber Energy Fuels was in for hazardous materials review of two 1000-gallon LP gas storage tanks placed outside the Chinese Jade restaurant. He said 1600 gallons of propane will be stored on site, to be used for heating and cooking. CEO Black has reviewed past applications involving LP gas tanks and found that the Planning Board has previously voted approval without going through the performance standards checklist for hazardous materials. Black said the 1982 Town ordinance is very detailed and not well suited to residential and small business applications. The hazardous materials regulations in the Town ordinance duplicate existing State and federal regulations. On motion of Myers/Simmons, the Board voted 4 – 0 to waive review of ordinance requirements for hazardous materials.
Worcester said a 2,000 gallon propane tank does not require a State permit. No permit is required from the State Fire Marshal’s Office for propane gas. He said cement posts have been placed around the storage tanks as a crash barrier. Abutters have been notified. Black has not received written comments from the Police Chief and Fire Chief. On motion of Gifford/Myers, the Board voted 5 – 0 to approve a hazardous materials permit for two 1,000-gallon LP gas tanks at Chinese Jade Restaurant, conditional on receipt of favorable letters from the Police and Fire Chiefs and on condition that the applicant provide the Code Enforcement Officer with copies of any required State and Federal permits.
4. Approval of Permit for Salt Storage Facility, Dept. of Transportation, 1510 Old Rt. 1 (R13/17)
Barry Marston from MDOT was in for review of a permit for construction of a new 46’ x 64’ salt shed to replace the existing building, across the road from the DOT garage. The old building will be taken down. The building specifications include covering the concrete floor with cold-applied rubberized asphalt emulsion dampproofing to prevent spill and leaching of the stored salt. This addresses the Planning Board’s concern at the May 12 meeting (Item 8).
Campbell asked for a site plan showing the location of the proposed new building. Marston said the plan submitted shows the general location. The lot slopes toward the back. The proposed building is not in the wetland. It will hold 900 cu. yds of salt, not mixed with sand. Trucks are loaded with salt using a front-end loader on an asphalt paved apron outside the building.
Yerxa identified two issues: visual buffering of the building, and possible impact on the wetland or water table from salt spilled during loading.
Landscaping: Black said the building site is filled land. Gifford said a photo of the site would be helpful in showing the surrounding area and how close existing residences are to the proposed building. Marston said MDOT is willing to plant trees that will grow in sandy soil.
Lighting: Marston said exterior floodlights mounted on the building will be used during loading operations at night. Marston was told that the lights must be shielded so that glare does not shine onto the road, creating a traffic hazard. Black said the DOT garage across the road has lights that stay on all night.
On motion of Myers/Gifford, the Board voted 5 – 0 to approve a permit for the new MDOT salt building, on condition that before Black grants a certificate of occupancy, DOT shall provide
a) a plan showing the location of the new salt building on the property;
b) specifications for exterior lights and a plan showing the location of the lights on the building;
c) a landscape plan satisfactory to the Planning Board, giving the number, size, species and location of trees and bushes to be planted.
5. Preapplication Discussion, Bed & Breakfast, Brodis, Reed Mansion, 60 Glidden St. (U4/46-4)
New owners Gerry and Roger Brodis were in to describe plans for use of the historic 1814 Reed Mansion as a five-room bed-and-breakfast. Much of the structure is original and has not been modernized. They are applying to enter the house on the National Historic Register. The State Fire Marshal’s Office has many requirements for B&B’s, some of which (e.g. sprinklers, fire escapes) are not in keeping with the historic character of the building. Some of the requirements may be waived once the house is on the National Register.
There will be adequate parking for 6 – 7 guest vehicles along the driveway and circle. The owners’ two cars will be kept in the garage. Abutters Kitty Fassett and April Lautman know about the Brodises’ plans and are in favor of them.
The Brodises were told to consult the criteria for site plan review for a change of use and consult with CEO Black. Application materials must be submitted three weeks ahead of the meeting at which the application will be reviewed.
6. Approval of One-Lot Subdivision, Wayne Brown, 211 Whitcomb Drive (R16/57)
Wayne Brown was in for continued review of his one-lot subdivision tabled at the April 9, 2003 and February 11, 2004 Planning Board meetings, deferred at the March 10 meeting, and accepted for review at the May 12 meeting. Planning Board members made a site visit May 12. Brown said that since the site walk Whitcomb Drive has been surfaced up the hill to beyond Tyler Lupien’s lot, and Sunset Ridge Road has been surfaced.
The Town attorney, Lincoln County planner, and Maine Municipal Association have been consulted as to whether Brown’s series of one-lot subdivisions constitute a major subdivision requiring full subdivision review. The Selectmen asked CEO Black to obtain legal advice from attorney Wayne Crandall concerning Brown’s series of one-lot subdivisions. Black gave out copies of his letter to Crandall dated April 19, 2004 and Crandall’s reply of June 16, 2004, regarding conveyances of land involving Wayne Brown, other family members, partnerships, and a family-owned corporation. The Town asked Crandall’s opinion whether lots transferred to family members are exempt from being counted toward the creation of three lots within five years, which by definition constitutes creating a subdivision requiring Planning Board review. Crandall’s opinion is that transfers from partnerships and family-owned corporations to Brown family members do not qualify for the exemption, because partnerships and corporations do not have families. Crandall identified certain transfers as possibly in violation of the subdivision ordinance. He cited a February 2004 decision in Patrick Tinsman et al. v. Town of Falmouth as bearing on the Brown situation. He advised that the Town of Waldoboro could require Wayne Brown to prove that he did not intend to avoid the subdivision laws in making these transfers.
Brown said that Brown Homestead, Inc., is incorporated as an agricultural business. It owns no land, only equipment and cattle. Family members own land and homes.
Attorney Crandall thinks performance standards for a larger subdivision, such as stormwater management and fire protection, are pertinent to one-lot subdivisions. Gifford wanted to see a map showing the relation of Brown’s subdivision roads to other roads. Chairman Yerxa questioned whether the Planning Board has the authority to approve Brown’s proposed one-lot subdivision at 211 Whitcomb Drive, until Brown has provided evidence that he did not intend to avoid the subdivision law. Referencing Crandall’s cite of the Tinsman decision and related uncertainties, Yerxa further questioned whether the Planning Board had inadvertently erred in approving previous one-lot subdivisions proposed by Wayne Brown, if these one-lot subdivisions should have received full subdivision review. If most of the lots created and sold by Brown over 20 years should effectively be considered as one subdivision, it is arguable that each new lot should have been reviewed as an amendment to an existing subdivision, and an amended subdivision plan recorded at the Registry of Deeds. Planning Board members wished to have attorney Crandall present during review of the Brown application, but he was not available tonight. CEO Black said Lincoln County Planner Bob Faunce’s advice is not to focus on approvals granted Brown in the past, but to concentrate on how to handle the review process for the currently-proposed one-lot and five-lot subdivisions.
Planning Board members and CEO Black agreed that whenever an applicant comes in with a large piece of land, part of which is proposed to be subdivided, the remaining land must be considered a part of the subdivision. Any further lots created out of the remaining land must be considered as amendments to the approved subdivision, and reviewed and recorded as such. Brown’s proposed five-lot Sunset Ridge subdivision is complicated by the fact that individual lots in the five-lot subdivision come out of three different larger parcels in different ownership. Each of the larger parcels may have to be considered remaining land of the Sunset Ridge subdivision.
At the May 12 Planning Board meeting (p. 5), the outstanding issues and items to be completed for approval of the one-lot subdivision at 211 Whitcomb Drive were listed as:
· Completion of the road (Brown says it is now complete);
· a stormwater management plan approved by the Dept. of Environmental Protection (plan has not been done or reviewed by DEP);
· design and location of a fire pond (Brown proposes to locate a pond on other land he owns off North Nobleboro Road, subject to review and approval by the Fire Chief. The pond has not been designed and its location is not shown on the application.);
· wetlands delineation (has been done by Drew Greiner and submitted to CEO Black).
After discussion, on motion of Campbell/Myers, the Board voted 5 – 0 to approve the proposed one-lot subdivision at 211 Whitcomb Drive with the understanding that any future lots proposed by Brown will receive full subdivision review.
7. Five-Lot Subdivision, Wayne Brown, Sunset Ridge Rd. (R16/54B & 56) - Tabled
Planning Board members discussed whether they could continue review of the proposed five-lot subdivision, in view of the above discussion and attorney Crandall’s advice. The motion voted in Item 6 says that any future lots proposed by Brown must receive full subdivision review. Yerxa clarified that “future” in this context refers to any lots not already approved, including the five lots proposed on Sunset Ridge Road.
Myers asked Brown what has been done about the incomplete items identified on p. 5 of the May 12 minutes for the five-lot subdivision:
· completion of the road
· a stormwater management plan approved by the Dept. of Environmental Protection
· design and location of a fire pond
· wetlands delineation
Brown said the subdivision road is complete and the wetlands delineation has been done and submitted to the Town Office. The stormwater management plan has not been done. Brown said the land is very flat and varies in elevation by no more than 20’ in 15 acres. He did not feel that a stormwater management plan was necessary for so level an area. He proposes to create a fire pond on other Brown land on the North Nobleboro Road that would be available to the Fire Dept. for firefighting anywhere in the area, not only for the Brown subdivisions.
A motion by Gifford/Myers to go through full subdivision review at tonight’s meeting failed by a vote of one in favor, two opposed, and two abstaining. Myers said she feels that the stormwater management plan is essential. The request for a fire pond comes from the Fire Chief. Gifford asked for a map showing the relation of the proposed subdivision to existing roads and other land of Brown.
A motion by Gifford/Myers to table the five-lot subdivision until the Planning Board has more information from attorney Crandall failed by a vote of two in favor, two opposed, and one abstaining (Simmons). On motion of Campbell/Myers, the Board voted 5 – 0 to table the five-lot subdivision application until Brown has submitted the lacking items. The Fire Chief should either attend the meeting or supply a written statement stating whether a fire pond on North Nobleboro Road will satisfy his concern about fire protection for the proposed subdivision.
8. Preapplication Discussion, Broad Cove Builders Subdivision, 51 Balsam Dr. (R18/42)
Martha Ross, owner of Broad Cove Builders, and surveyor John Mathieson were in for preapplication discussion of plans for a seven-lot subdivision on Balsam Drive off Washington Road a mile north of Feylers Corners and 4.4 miles north of Moody’s on the west side of Rt. 220. The back part of the parcel is shown as wetland on the town tax map. A wetland delineation has been done. All the proposed lots are over 100,000 s. f. The two back lots will be 6 or 8 acres in size. The remaining land, about 20 acres, will be deeded to a conservation organization. The subdivision of the front part of Lot 42 was done in 1987, more than five years ago. There are houses on two of those lots.
Mathieson said the subdivision plan will show locations of house sites, wells and septic systems. The indicated house sites are considered the best sites, but individual owners can place houses in other locations. Black told the applicants that the remainder of the parcel needs to be shown on the subdivision plan, and counts as one of the lots in the subdivision.
The subdivision plan should include locations of soil test sites, well sites, the roadway, a stormwater management plan, and a fire pond if recommended by the Fire Chief, who must review the subdivision plan. The applicants were told that all their materials need to be submitted to Black by the middle of next week in order to have their application on the agenda for the next Planning Board meeting.
9. Preapplication Discussion, Auto Repair Shop, Moore, 2880 Atlantic Hwy. (R 13/5-1)
Mason and Suzanne Moore were in to present plans for an auto repair shop and attached two-story dwelling on a 330’ x 264’ lot to be purchased from Mitchell Ross, located just east of the Ross Electronics building on Route 1. Mr. Ross was present for review of this item. The Moores will use the existing Ross driveway for access. Moore is sole proprietor of an existing automotive repair business in Washington, ME, which he plans to relocate to Waldoboro. He will do the repair work himself with no employees. The sketch plan shows a 50’ x 40’ building with a two-bay garage at the west end, septic system to the east, well at the rear of the property, and parking in front.
CEO Black said the application will be reviewed as a commercial site plan. The Maine Dept. of Transportation will review the request for a shared driveway and decide whether to approve the Ross driveway for a second commercial use. Campbell said the dwelling will not need a permit from the State Fire Marshal’s Office, because it is not located above the shop.
The Moores were told that the Planning Board will want to see contours of the property and information about drainage of storm water. CEO Black said site evaluator Doug Meservey can determine elevations and draw contours to indicate drainage. There is a gully between the Ross property and the Novak property to the east. Site lighting must be shielded so as not to produce glare on nearby properties or the highway. The landscape plan should be a scaled drawing showing existing vegetation and the species, size, number and location for trees and shrubs to be planted. There are existing tall trees between the Moore building site and the Novak property to the east. It was suggested that Moore consider locating parking behind the building where it is not so visible from the highway. The shop floor should be of an impervious material. The application should include information about collection and disposal of automotive fluids. The application should state the expected total number of vehicles on site at any given time, including vehicles belonging to the Moores.
CEO Black has gone over the application materials checklist with the Moores. Their complete application needs to be at the Town Office by July 7 in order to be on the agenda for the July 14 Planning Board meeting.
10. Next Planning Board Meeting: Wednesday July 14, 7:00 p.m.
Black was asked to arrange for attorney Wayne Crandall to be present if Wayne Brown’s subdivision is on the meeting agenda.
Adjournment: The meeting was adjourned at 10:37 p.m.