Gray Planning Board Minutes
January 13th at 7:00 P.M.
Henry Pennell Municipal Complex
24 Main Street, Gray
Don Hutchings, John Redlon, Dan Cobb, Rod Boyington
Excused: Jason Wilson
Doug Webster
Others present and speaking: Shawn Frank, Dana Lampron, Don Henigan
Minutes
Minutes of November 18th, 2010
Minutes of December 9th, 2010
Don Hutchings moved; Dan Cobb seconded
Motion to accept the minutes of November 18, 2010 as written
4 Yes
Dan Cobb moved; Don Hutchings seconded
Motion to accept the minutes of December 9, 2010 as amended.
Don Hutchings stated that, as indicated in the minutes, the Board did not take a vote on the Lyons Point development. He stated that the letter that Lyons Point has received stated that they were told that the cluster development was approved.
Dan Cobbs stated that this was in reference to the first sketch plan presented.
Doug Webster stated that the notice of decision letter being referred to is to provide informal updates to the applicant.
John Redlon stated that the Board agreed in concept on the cluster development, but there was no formal vote.
Don Hutchings stated that the sketch plan was agreed to in general, but there was no motion.
4 Yes
~Information- Exchange
Don Hutchings stated that Jack Goosetrey, Planning Board member, has passed away and asked for a moment of silence in his memory.
Dan Cobb asked for updates on his cellphone tower inquiry which was previously discussed. Doug Webster stated that a letter was sent and the applicant has met with Code Enforcement. Code Enforcement requested a letter asking for explanations as to why there was deviation from the Board’s decision of approval. They will review the response they have received and update the Board further.
Rod Boyington asked about periodic inspections done by the Town during the process. Doug Webster said that there were inspections but it may be that the Code Enforcement Officer may not have been made aware of all the specifics for this item. Doug Webster stated that the implications of statewide codes are becoming more complicated. The Planning Department is in the process of updating its internal checks and balances to meet the state IBC standards.
Dan Cobb stated that the Planning Board tends to approve plans with too many conditions which can cause problems like these.
Tabled Matters and Old Business
Request by Pitstop Fuels Inc. for a Similar use and Site Plan Approval to install a 25,000 gallon above ground fuel storage tank at 50 Portland Road in Gray, ME. Shown on Index map U04, Lot 18, and Tax Sheet #43, located in the Commercial Zoning Distrtict. Dana Lampron represents Pitstop Fuels. Shawn Frank of Sebago Technics represents the applicant. The property owner is Charles Small Jr.
Rod Boyington recused himself from this discussion.
Don Hutchings stated that the Planning Board had requested an independent review of the location and their proposal and hasn’t seen one.
Doug Webster stated that his recollection of the discussion was whether or not the role of DEP was sufficient enough. Don agreed but stated that the Board was not sure if the DEP’s review was enough and requested an independent review since the location is a sensitive area for this project as it at the head of the Pleasant River. There are no engineers on the Board qualified enough to offer an opinion on this.
Shawn Frank of Sebago Technics stated that they understood that since the tank is underground with all the safety features inline with it that it would be fine. He outlined the above ground proposal they have offered and that the containment type around the tank alleviated problems and that the peer review was not necessary.
Don reiterated the issues in the past about tanks and land contamination and that the Board was specific about an engineering review.
John Redlon agreed that this was the Board’s discussion at the September meeting.
Dan Cobb also recalls the conversation but that his request for a review was due to an underground proposal. He agrees with some type of peer review but is not sure what it would be.
Dana Lampron stated that the project is being reviewed by the State Fire Marshall, but does not have the state permit yet, and then requires review by the DEP.
Don Hutchings stated that the Board has a responsibility to assure the Town that this is a good project. He believes that they are doing the right things. He reiterated that he would prefer an independent review. John Redlon agreed.
Dan Cobb stated that the ordinance changes and the Fire Marshall’s review would suffice for this project since this is an above ground project. He would not object if the Board wanted an independent review. Perhaps a second civil engineer (the Town’s, for example) to review this would work.
Doug Webster stated that he believed that an above ground containment is less of an issue that an underground one. Don stated that this one extra step of another review would assure the Board that this is the right decision and that the review will assess if this proposal will not have adverse effect to the Town.
John Redlon believes that the question is not the design of the facility but the impact should something unforeseen happen. Dan and Don stated that this would be difficult to assess. Don would like an independent review for the Board’s comfort level.
Shawn Frank stated that there are 3 engineers on this project- site, structural and a PE on the spill containment issue for the Fire Marshall’s office. Don asked if an engineer in that office will review this. Shawn Frank stated that the Fire Marshall will get the permit stamp. John asked if a submission to the Fire Marshall’s Office returns changed. Shawn Frank said that it is possible, but at this point, they have already gone through this process.
Rod Boyinton stated that the Board cannot approve an application without all the permits.
Dana Lampron stated that he understands that the Board is apprehensive about this project but reminded them that there are many trucks that go through the Town with fuel which is a greater risk. Don agreed but the Board doesn’t have any jurisdiction over these other items but they want to be sure that they are doing right by the Town on this issue.
Shawn Frank stated that they don’t have any issue with a peer review but expressed frustrations that they came before the Board in September for this process and now it is January.
Don Hutchings reminded Shawn that as a tabled issue they could have brought this back before the Board at any time. Don reiterated that an independent review is being requested and it appears that there have been some miscommunications. Dana Lampron stated that their communications with the Town did not imply that a peer review was being requested.
Doug Webster stated that no building permits can be issued until everything is in order.
He stated that additional conditions of approval can be added to include a peer review and that if there were discrepencies between the 2 engineer reviews, it could return back to the Board.
Dan Cobb asked about the drainage under the pad. He asked about the provisions for rain water getting into this area from the roof. Rain water could take up space. Shawn Frank stated there would be some, but it is small and would evaporate.
Doug Webster stated that given that the revisions on the size of the tank, and that it is an above ground project, George Thebarge requested that the Board review the 7 criteria below:
Will be compatible with the general character of the neighborhood with regard to design, scale, and bulk of proposed structures;
The Board agreed.
Will not have a significant detrimental effect on the use and peaceful enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, light or glare.
The Board agreed.
Will not have a significant adverse effect on adjacent or nearby property values;
John Reldon stated that he doesn’t believe he is qualified to answer this.
Dan Cobb agreed with #3.
Will not result in significant hazards to pedestrian or vehicular traffic or significant traffic congestion;
The Board agreed
Will not result in significant fire danger.
The Board agreed.
Will not result in significant flood hazards or flood damage, drainage problems, ground or surface water contamination, or soil erosion;
The Board agreed, but Dan Cobb wants to be sure that the spill prevention plans are in order.
Will be served adequately by, but will not overburden, existing public services and facilities, including fire protection services, roads, water and storm drainage systems
The Board agreed.
Don asked for clarification that the application can be approved subject to a peer review and that if the review has any disagreements it will return to the Board for review.
Dan Cobb moved; John Redlon seconded.
Motion to approve request by Pitstop Fuels Inc. for a Similar use and Site Plan Approval to install a 25,000 gallon above ground fuel storage tank at 50 Portland Road in Gray, ME. Shown on Index map U04, Lot 18, and Tax Sheet #43, located in the Commercial Zoning Distrtict. Dana Lampron represents Pitstop Fuels. Shawn Frank of Sebago Technics represents the applicant. The property owner is Charles Small Jr.
Subject to standing conditions:
1. The project shall be constructed, operated, and maintained in accordance with the plans, textual submissions, and testimony presented to the Planning Board by the applicant.
2. The Board finds that the application does meet the conditional use criteria of Section 402.9 F and is a use similar to other permitted or conditional permitted uses in the Commercial District.
3. The Board finds that the application meets the submission and site plan review standards of Section 402.10.10.
4. Installation and operation of the facility shall be in accordance with applicable standards from the Maine Department of Environmental Protection and the Maine Department of Public Safety.
5. Copies of all applicable state permits, specifically including documentation from the Maine Department of Public Safety shall be forwarded to the Gray CEO.
6. The CEO shall forward all submittals, including state permits to the Town’s Engineer for a peer review of the project at the applicant’s expenses to ensure that the design is sufficient and that adequate precautions have been taken to minimize ground water contamination.
7.No building permit will be issued unless the Town engineer concurs with the design.
8.In the event that the applicant and town engineer disagree with a proposed change it will return to the Gray Planning Board for review.
Dana Lampron asked that if there is a minor change requested by the Town’s engineer and he agrees to it, would the application still be approved.
Dan reiterated that the purpose of the peer review is to review it for significant issues.
3 Yes
Don Hutchings wanted to remind people that the McKinn issue affected the Town adversely and that is the reasoning why there is a more significant review. Shawn Frank stated that he understands that the Board has been consistent with this issue.
Public Hearing and New Business
Request by Don Henigan to amend an existing subdivision by dividing lot 2 of the “Plunket Subdivision” into two lots.~ The property is owned by Robert Weiss, Jr., is located at 21 (+/-) Merrill Road, and is shown on Tax Sheet #37, Index Map 39, lots 1C & 1C-1 located in an RRA Zoning District.
Don Henigan stated that they are seeking clarification from a 2005 event and that the owner was not aware that this was required to go before the Planning Board. They are here to begin the process anew.
Permitting from the DEP is in place. This is a wooded wetland.
Public Hearing closed at 8:12pm
Don Henigan is looking to purchase this land but needs to make sure that approval is given. He has written documentation from the owner. Surveyor Wayne Wood informed them that there is a small area of concern at the head of the driveway that is being caused by a Town culvert. They will install a culvert and rocks etc for proper drainage. The Town culvert is plugged at the head of the driveway. It is there, but doesn’t function. He has never seen anything come out of this culvert and doesn’t affect the proposed driveway and the driveway doesn’t affect the road.
He believes that having a professional with significant experience design the driveway is qualified. He doesn’t believe there should be a professional engineer to design a residential driveway. There will be some fill brought in but it will follow the contour of the land.
Rod Boyington stated that it is in the Ordinance to have an engineered design driveway. There was a discussion on the slope and the wetlands area and the proposed design. As it is designed, he agrees with George Thebarge’s recommendations on an engineer. Don Henigan commented that there are 2 Ordinances in play for this: The Street and Sub-Division Ordinances.
Doug Webster said yes, but that George’s notes cite the Driveway Standards in the subdivision are being referenced.
Don Henigan stated that he has spoken with a civil engineer to do this, but would prefer to work with someone who does this all the time and has the experience. There was a discussion on the qualifications. Don Hutchings stated that someone who doesn’t have a license is not considered qualified. John Redlon doesn’t agree, but for this application he supports an engineered design and at this time due to the snow, they cannot see the wetlands and that an engineer’s report would clarify this.
There was a discussion on these conditions of approval outlined. Dan Cobb asked that since this is an after the fact approval, that this is a routine procedure. Don Henigan provided some feedback he obtained and was informed that the process should begin anew and that the Town could impose a fine on the owner but that he has been paying taxes on this land, it is a wash.
Doug Webster stated that this issue arose as a building permit was requested. It would need to come back to the Board as amendment to an approval. The applicant is looking to make this wrong, a right.
Rod asked about placement of the sewage. He also asked if an engineer needs to sign off on a minor subdivision. Doug Webster will verify this and get back to the Board.
Don Hutchings moved; Dan Cobb seconded
Motion to accept the Request by Don Henigan to amend an existing subdivision by dividing lot 2 of the “Plunket Subdivision” into two lots.~ The property is owned by Robert Weiss, Jr., is located at 21 (+/-) Merrill Road, and is shown on Tax Sheet #37, Index Map 39, lots 1C & 1C-1 located in an RRA Zoning District
1. The project shall be constructed, operated, and maintained in accordance with the plans, textual submissions, and testimony presented to the Planning Board by the applicant.
2. The Board finds that the application does meet the subdivision criteria of Section 401.2 and the specific performance standards of Section 401.13 subject to the following conditions:
a. Prior to issuance of a building permit for any house to be constructed on the proposed lot, the applicant for said building permit shall submit a driveway design prepared by a professional licensed engineer addressing drainage and erosion control measures and safe vehicular access, including Gray Public Safety vehicles.~ Said driveway design shall be subject to review and approval by the Town Engineer under the peer review escrow system.~ A note to this effect shall be added to the subdivision plan
Rod stated that Plan Book 68 should be included in the documents for the mylar.
4 Yes
New Business
Approve 2011 Meeting and Submissions Schedule
Don Hutchings moved; John Redlon seconded
Moved to accept the 2011 meeting and submissions schedule
4 Yes
Elections
John Redlon nominated Don Hutchings to replace Rod who is stepping down. Rod nominated Dan for chair. Dan declined the nomination. Don nominated Dan for vice chair.
Don will be the new chair and Dan Cobb for Vice Chair
3 Yes for Don Hutchings
4 Yes-Dan Cobb
John asked if the site walk for the Lyons Point application can be postponed due to the snow and frozen lake.
Rod stated that there is no official approval from the Board on this and that this walk can be postponed until the snow is gone and the ice is out on the lake. Doug stated that it could be put on the March or April agenda depending on the weather at that time. A note can be sent to the applicant stating that the Board would like to postpone it until the conditions are right. Dan said that if the applicant removed the proposed ramp in the plan then, this may not be necessary.
~Adjournment
John Redlon moved; Don Hutchings seconded
Motion to adjourn
4 Yes
The meeting ended at 8:50pm
Note: ~Minutes are for informational purposes ,they are not edited with corrections additions etc.~ Adjustments can be found in the succeeding meeting minutes.
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