Gray Planning Board Minutes
October 8, 2009 - 7:00 p.m.
UPSTAIRS – STIMSON HALL
Rod Boyington, Don Hutchings, Dan Cobb, Jack Goosetrey, John Redlon
George Thebarge
Excused: Jason Wilson
Don Hutchings moved; Dan Cobb seconded.
Motion to make Jack Goosetrey a voting member
4 Yes
- Minutes of September 23, 2009
Don Hutchings moved; Dan Cobb seconded.
Motion to accept the September 23, 2009 minutes as written
5 Yes
Don Hutchings stated that at the next Planning Board meeting, the item for review will be for the Pennell Project.
- Tabled Matters and Unfinished Business- NONE
- Public Hearing and New Business
- Request from Gray Donuts, Inc. DBA Dunkin Donuts to change store hours to 24 hours located at 3 Shaker Road, Gray, Me. Map U02, Lot 004. VCP Zone.
Kostas Kanakis stated that he is requesting a 24hrs for both the store and drive thru.
Jack Goosetrey asked if cooking takes place. Kostas Kanakis indicated that they will only be baking as they are currently doing.
Don Hutchings asked for a one year approval with a review after that time. George indicated that the ordinance gives the authority for limiting hours, but doesn’t believe that having a sunset clause is a good idea without consulting the Town’s Attorney. George stated that it would be more appropriate to explore all the issues prior to approval so that no problems will arise. He cited the speaker for the drive thru as an example
Mr. Kanakis indicated that there is a night mode for the speakers which reduces the volume by 60% and the distance between the residences and the store is about 300 yards. They only expect minimal volume of business. He indicated that this can be tested if the Board would like to explore further.
Rod Boyington is concerned about loitering in the building. Costas indicated that they would be wiling to close the dining room (store) if this would become an issue. He also indicated that orders can be taken directly at the window if the speaker system is an issue for the Board, but would prefer the speaker system but believes it is important to cooperate with the Town’s wishes.
Don Hutchings asked if, as a condition of approval, it includes a provision for action if a certain number of complaints are reported to the Sheriff’s office. George stated that an approval include objective conditions or the Board denies it, but an approval subject to any problems, or the approval can be revoked, is not appropriate. He cited some examples of documentation on the part of the applicant that there will not be any issues.
John Redlon stated that lighting in the area will be an issue overnight as well issues with the median and the turnarounds. He cannot support 24 hour schedule for Dunkin Donuts due to these issues. Don Hutchings stated that this business owner is trying to have a viable business and recommends that the Board try to work with him to address concerns.
Dan Cobb asked if abutters were notified. George indicated that yes.
There was a discussion on the roles and responsibilities of the Board related to the ordinance and the method and conditions of approval. Don Hutchings recommends an opinion from the Town’s Attorney and table this item until the next meeting. Rod Boyingont stated that once the approval is given, it can’t be taken away. He believes it is up to applicant to provide the Board proof that there will be no issues.
Mr. Kanakis stated that he was not aware that he needed to provide proof since he did not know what the issues would be from the Board. He is open to having approval with specific conditions such as closing the dining area overnight.
John Redlon asked about the septic use. Mr. Kanakis stated that during the overnight hours, there is only baking. He indicated that because of their location, the impression by the public is that they are already open 24 hours.
Rod Boyington asked that he submit more details to complete the application
Don Hutchings moved; Jack Goosetrey seconded.
Move to table item until the October 22nd meeting following an opinion by the Town Attorney on specific conditions that can be applied and a 1 year timeframe for condition
5 Yes
- Request from American Homes, LLC to extend site plan approval for Orchard Knoll Subdivision on Yarmouth Rd. an additional year. Gorrill-Palmer Consulting Engineers is applicant’s agent. Map U06, Lot 12, 13, & 15.VC Zone.
Al Palmer indicated that this project received approval in 2007. There is a variation of time for site plan and subdivision. They have requested a 1 year extension due to the economy.
The recording of the mylar occurred in October of 2007 but other parts of the approval process began in the summer of 2007.
George indicated that final approval occurred in July of 2007. He stated that some discussion on this has occurred and that the ordinances then, and now, are different. He believes that the ordinances, at the time of approval applies. There was a discussion on the approval of the various components of the project and the question to determine is when the timeline begins. The conservative approach would be that the time has expired.
Al Palmer stated that clearing was done in Fall/Winter of 2007. In 2008 with the change in economy, the project has stopped. There was a discussion on whether or not there is a street or driveway permit. Al Palmer stated that there is not clarity on what is considered the final date of approval.
There was a discussion that since there has been some clearing whether or not this constitutes the beginning of the project and should the applicant have an extension. There was a discussion of performance guarantees under the old ordinance. Under the old ordinance, this wasn’t clear. George gave an overview of the changes in the street ordinance process as related to the performance guarantee.
John Redlon believes that it’s unclear as to what and how much work has been done. George stated that their driveway permit is under the MDOT. Don Hutchings asked if they can deny the extension. George stated that it is within the Board’s right to do so if they have not met the criteria and they would have to resubmit the application under the new ordinance.
Al gave an overview of the time differences between site work and subdivision. He believes that the Board has to determine at what date does the timeline begin. The earliest date would be July 27, 2007 and the latest date would be Oct. 17, 2007. Depending on this decision, as there is no definition in the ordinance, does the clearing constitute the wording of “work commence” as described. He believes that the status of the driveway is somewhat moot.
Rod Boyington is concerned that the clearing doesn’t constitute the term “work commence” as there was no performance guarantee.
Rod surveyed the committee on their thoughts of the dates:
The timeline began 30 days after the July 26, 2007 meeting- 5 Board members agreed with that date.
The finding of fact is that the Board believes the applicant has missed the extension period based on the commencement of work timeline.
Also posed: Did construction commence within the first year?
Al Palmer reminded the Board about the wording “shall expire if the work has not commenced.” He indicated that there has been some clearing but it is not clear in the ordinance as to what constitutes commencement of work. He believes that the one year timeframe is not clear.
The Board concluded that there was no substantial completion of work within the 2 year timeframe.
John Redlon stated that there are too many issues and cannot support approving an extension. Rod stated that a great deal of money has been spent by the developer and it could be a good project for the Town.
Dan stated that the Board needs to draw on the facts and that even if the they conclude that the Oct. 2007 date, the project has not been substantially completed in the 2 year window.
George read his findings which he outlined to the Board.
There was continued discussion on determining when the timeframe began. Al Palmer stated that the Board’s decision will impact other projects.
Dan Cobb moved; Don Hutchings seconded.
Move to deny the request for extension as the site plan is expired.
Including finding #6
4 Yes/1 No (Boyington)
Al Palmer asked if the Board is including the commencement of work. Rod stated that the Board is stating this simply as finding of fact only for the record.
Al Palmer and members of the Board believes that this will impact other projects.
John Redlon moved; Don Hutchings seconded.
Motion to adjourn
5 Yes
The meeting ended at 8:15pm
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