Gray Planning Board Minutes
FEBRUARY 12, 2009 - 7:00 p.m.
UPSTAIRS – STIMSON HALL
Don Hutchings, Dan Cobb, John Redlon, Rod Boyington, Jason Wilson
George Thebarge
Excused: Jack Goosetrey
I. Minutes
A. Minutes of January 8, 2009
Don Hutchings Moved; John Redlon seconded.
Motion to accept the January 8, 2009 Planning Board minutes as presented.
4 Yes
II. Information Exchange
George Thebarge stated that there is an application for the next meeting from Gray/New Gloucester High School and will be presented at the next meeting.
III. Tabled Matters and Unfinished Business- NONE
IV. Public Hearing and New Business
A. Request for site plan approval for expansion and conversion of the Busy Bee Cabins, located at 272 Portland Road, Gray, Maine. Applicant is Bryan Loisel, 357 Maine Street, Poland, Maine. Map 41, Lot 1, Zoned Commercial.
Bryan Loisel stated that he would like to remove the 4 lot mobile home park and add 3 cabins. The existing restaurant has been closed for 2 years and he would like to add 2 residential units within the main building.
Rod Boyington asked if they are stand alone cabins and Bryan Loisel stated that the Board has a diagram of his plans.
Public Comments:
Jean Bibber who lives across the street stated that this expansion has been an ongoing request. She read her comments to the Board and believes that the property has some problems with trash and trash removal and issues with trash and rodents. She wants to be sure that the new owner will have sufficient and appropriate trash removal. She commented that she is concerned that the cabins will be used for long term stay.
She had a few questions which included how long people can stay, total number of people that can stay in the cabin and sufficient septic accommodations for the number of cabins
She also commented on Ordinance 402 in relation to this request.
Richard Bibber discussed the issue of net residential area and net residential density and asked if the net residential density has been done. George Thebarge stated that each of the apartment’s minimum requirements meets these requirements.
He also reminded the Board about their duties and cited conditions from 402.9.3 and wants to be certain that this project will meet the standards such as length of stay, and maintenance of the property. He asked if the health and safety officer makes yearly visits.
Bryan Loisel stated that he had an inspection today (as of 2/12/09). The State Bureau of Health has done this since it meets the requirements as a cottage under state guidelines. He read their definitions. He indicated that there are a few items that need to be done and has been working on them since the he purchased the property in November.
Richard Bibber commended Bryan Loisel for his efforts to make improvements. He asked Bryan about how recyclables are being handled. At present, the tenants bag their trash. Bryan indicated that the trash receptacle area is encased.
Public Comment Section closed at 7:20pm
Rod reviewed some of Jean’s questions.
1. A dumpster and enclosure may be needed. Bryan Loisel stated that he would take the necessary steps.
2. How many and length of stay: Rod Boyington said that the criteria are very clear under state guidelines.
3. Occupancy per cabin: Bryan Loisel stated that there are 2 per cabin.
4. Septic system capacity: Bryan stated that there 3 leach fields to accommodate a total of 12 bedrooms (12 cabins)
5. Septic capacity for the apartments: Bryan Loisel stated that there is a separate one for the apartments.
6. Why is the water test not showing chloride? Bryan Loisel stated that the State does not require testing chloride. He reviewed the document he presented to the Board and reviewed the violations. He stated that a test has been done and the AFM fees have been paid. The document also included an inspection. The only violation is that a lock and chain need to be placed at the top of the septic which has been done.
Rod asked about prior inspections. He expressed concerns that another inspection may not take place again until a new owner takes over which may present unidentified problems until that time.
John Redlon asked if this item should be tabled for further discussion. Rod Boyington believes that it’s possible that peer review may be needed and wants to be sure that everything is in order.
Bryan stated that he has submitted plans in the event of a new septic requirement. He stated that the new fields are placed a lot further away than the current ones. Rod Boyington stated that it will have to meet the Board’s criteria and wants to put all the concerns before the applicant.
John Redlon would prefer to see a commercial dumpster and perhaps have the engineer take a look at the septic.
Dan Cobb agrees with Rod’s concerns about the old septics, as well as, the dumpster requirement. He asked if the applicant will be forfeiting his mobile home license and what the process is. Bryan Loisel stated that he has a license for this to be done. He would like to have more clarification on use and how it would be enforced.
Rod Boyington asked George Thebarge about clarification on use. Bryan read the definition as stated by the state. Dan Cobb would like clarification of intent of use. Rod would like to see some type of condition to be sure.
George Thebarge stated that the Board is not limited to only the State’s requirements and can impose more conditions based on 402 Ordinance. He believes that requiring documentation and inspections are appropriate as a condition.
There was a discussion on the additional conditions that can be applied to for approval. George Thebarge stated that the applicant has been gathering a lot of documentation and suggests that the documentation provided be reviewed with the peer review process to ensure that the documentation meets the required standards. He believes it should be a hydrologist and not a PE.
Bryan Loisel stated that he has been given recommendations to seal his well to make sure that no contaminants enter it.
Dan Cobb would like to see more specific hours of operation and intent in advance of approval to be clear.
Don Hutchings asked how many trailers are on the site. Bryan stated that 2- 1 mobile home and 1 travel trailer. He asked how many units are in total. Bryan stated that 19. Don asked about public water for the property and what the distance is to the main on the road. Bryan Loisel believes it may be approximately 100 feet. Don asked why he wouldn’t simply extend the main. Don stated that the placement of the property near the turnpike and Rte 100 has had problems with high salt content in the wells. In a past application the extension of a water main was required and would like to require the same for this applicant. Don suggests getting information and believes it would put him in a better position. Don believes that the septic is likely quite old and would
like to see a licensed evaluation. He agrees with the peer review for septic and a dumpster requirement.
Jason Wilson commended Bryan for being proactive and getting information. There was a discussion on the use of the cabins and how it applies in the hotel/motel criteria. Bryan stated that the property is year round and has had 100% occupancy. Jason Wilson asked Bryan Loisel to give some data via his business model on maximum occupancy (IE: number of occupants and length of time, turnover rate) to help with the evaluation.
Rod Boyington expressed concerns on the leach field and water supply. He believes that they are at the threshold for these areas and cited the minimums required. There was a discussion on the quantity and the proposed changes to the septic. Rod is concerned that the whole picture is not clear and that peer review might provide clarity. He does not want the applicant to incur more costs, but wants everyone to be protected.
Rod suggests tabling this item to get more information. There was also a discussion on the clean drinking water parameters and whether or not further testing is needed. Bryan stated that the state standard is quarterly testing and that the testing done has met the state standards. George Thebarge reminded the group that the peer review process can help with this determination.
George Thebarge will work with Bryan to get more details to help him gather further information for approval.
Don Hutchings moved; Jason Wilson seconded.
Motion to table this application until answers on previously discussed items are received through the peer review process.
5 Yes
B. Public Hearing on proposed amendment to Section 401.11.1C for conditional agreements as a form of performance guarantee.
George Thebarge reviewed the issue of performance guarantees as proposed in the new ordinance. He stated that this provision allows the Board to only apply this one item. There was a discussion on the signed mylar and this amendment allows them to record it in the permitted time. He stated that in these economic times, it allows flexibility.
Public Comments: None. Public Comment closed at 8:07pm.
The committee has no objections on the proposed amendment.
Non-Agenda Items: Jason asked about improving the oversight process. George Thebarge stated that it is not a Planning Board decision. Rod Boyington stated that the role of the Board is to approve the plan and to see that the project is built to plan.
V. Adjournment
Jason Wilson moved; John Redlon seconded.
Motion to adjourn
5 Yes.
The meeting ended at 8:20pm
Meetings that are cancelled because of weather will be noted on the local cable channel (2), 6, 8 & 13 news. If the meeting is cancelled, it will be the following Thursday night at 7:00 p.m.
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