China Planning Board Meeting Town Office Meeting Room – 571 Lakeview Drive China, me

China Planning Board Meeting

Town Office Meeting Room – 571 Lakeview Drive China, ME

Approved Minutes of October 23, 2012
Board Members Present: Chairman Ronald Breton, James Wilkens, Milton Dudley, Kyle Pierce and Toni Wall

Board Members Not Present: Frank Soares
Codes Enforcement Officer Scott Pierz Present
Attendees: Paul MacDonald, David Landmann, William Conway, Dale Worster, Norman Elvin, Steve Roberge, Thadius Barber, Richard Dolby, Harold Burnett, Hugh Krajewski, Mary Grow
Regular Business

Business Meeting Opened 7:00pm by Chairman Breton

Minutes

Review draft meeting minutes of October 9, 2012

Motion to accept made by Board Member Dudley

Motion seconded by Board Member Wall

Approved with a vote of 4-0-1 with Board Member Pierce’s abstention.
Old Business:

Consideration of the final review based on a determination of findings-of-fact for the conditional use permit #06-07172012 by Thadius Barber d/b/a Barber Investments LLC concerning the construction of a 20’ by 100’ addition to the convenience store and the operation of a Dunkin’ Donuts franchise at the intersection of Route 3 and Route 32 North in China, Maine. The property is located at 190 Route 3 as identified by China Tax Map 16, Lot 30 in a Rural District in the Three Mile Pond Watershed.

• 
  William Conway of Sebago Technics addressed the Board. The Board approved of him “standing in” for Thadius Barber until Mr. Barber’s arrival.
  
• 
  Mr. Conway reviewed the plan regarding the expansion of Fieldstone Quikstop and operation of a Dunkin’ Donuts franchise.
  
• 
  The Department of Environmental Protection (DEP) stormwater permit had been issued and approval by the State Fire Marshal’s Office had been received.
  
• 
  Chairman Breton stated that the Department of Transportation (DOT), DEP and State Fire Marshal’s permits had all been received by the Town.
  
• 
  Chairman Breton asked if the Board wanted to review the entire packet or just review the Findings of Fact. Board Member Dudley suggested review the Findings of Fact in order to save time.
  
• 
  Codes Enforcement Officer (CEO) Pierz read the Findings of Fact including the following specific conditions regarding Criterion #1:
  
  1. 
     Based upon the disclosure that signage for the Fieldstone Quikstop is located in the Maine Department of Transportation’s (MDOT’s) Right-of-Way creating non-compliance with the Town’s Land Use Ordinance regarding the permitting of signs, the applicant shall enter into an Administrative Consent Agreement with the China Board of Selectmen and resolve the violation with the Town’s China Land Development Code, Chapter 2, Land Use Ordinance, Section 2(J) Signs; and
     
  2. 
     Based upon a possible discrepancy with Downeast Land Surveyor’s survey that was the basis for the Planning Board’s amendment of the China Mall Subdivision on February 14, 2012 and the site plan prepared by Sebago Technics sign-dated July 31, 2012, the applicant shall demonstrate that the subdivided Fieldstone Quikstop parcel has at least 40,000 square feet of lot size to conform with the China Land Use Ordinance; and
     
  3. 
     Based on the MDOT’s amended Traffic Movement Permit the applicant shall work with the China Board of Selectmen to institute a “No Parking” Ordinance for portions of the Route 3 and Route 32 North corridors; and
     
  4. 
     The applicant shall be in compliance with the Maine Department of Health and Human Services Drinking Water Program (regarding the status of the Fieldstone Quikstop as a public water supply), and also the Subsurface Wastewater Disposal Program. Regarding the Subsurface Wastewater Disposal Program the applicant shall record and keep water meter readings for a period of one (1) year and maintain a “cup count” for the new Dunkin’ Donuts and provide the Town with the information for its records. Information shall be submitted to the Town on a quarterly basis; and
     
  5. 
     The applicant shall be in compliance with all requirements of the amended MDOT Traffic Movement Permit dated September 10, 2012; and
     
  6. 
     The applicant shall comply with the amended Maine Department of Environmental Protection (DEP) Stormwater Permit and be in compliance with the Town’s Phosphorus Control. In addition, the [rectangular-shaped] stormwater retention pond referenced in A.E. Hodsdon Engineer’s letter dated August 9, 2012 shall be dredged and reshaped under the guidance of an engineering firm and under the Town’s earth-moving permit. A letter shall be submitted to the Town verifying that this project has been completed no later than one (1) year from the date this permit is issued. This stormwater pond shall be maintained in same fashion every five (5) years thereafter; and
     
  7. 
     The applicant shall comply with the State Construction permit and Handicapped Accessible permit from the State Fire Marshall’s Office dated October 18, 2012
     
  8. 
     The applicant shall comply with the requirements of the Maine Uniform Building and Energy Code (MUBEC) in order for the Town’s Building Permit to be issued. This process shall include, but not be limited solely to the involvement of a Third Party Inspector (TPI), the completion of all related paperwork including but not limited to the Notice to Proceed and submission of a Construction File to the Town by the TPI. Upon completion of the inspection process and filing of final construction records by the TPI demonstrating compliance with the MUBEC the Town shall issue a Certificate of Occupancy; and
     
  9. 
     All site work under the Town’s Conditional Use Permit, including all associated earth-moving activity, shall be completed in accordance with the site plan prepared by Sebago Technics and sign-dated July 31, 2012.
     

• 
  Chairman Breton asked Mr. Barber if he understood #2 of the above referenced conditions. Mr. Barber responded, “Yes, he understood.” Also, Chairman Breton asked Mr. Barber if he understood all of the other conditions listed in Criterion #1 and was he willing to comply with them? Mr. Barber responded “yes”.
  
• 
  Regarding condition #3, Selectman Paul MacDonald indicated that the Selectmen were working on the “No Parking” ordinance.
  
• 
  Motion to accept Criterion 1 with the nine conditions made by Board Member Dudley.
  
• 
  Board Member Pierce seconded the motion.
  
• 
  Discussion ensued. Board Member Dudley asked about the purpose of the cup count referenced in condition #4. CEO Pierz, answered as the Plumbing Inspector, stated the cup count would be used to evaluate how much water is being used by the Dunkin Donuts. Bob Johnson of Wastewater Services, the firm that submitted its May 3, 2012 report on the existing septic system servicing both the Fieldstone Quikstop and the China Mini-Mall, said the cup count and water meter readings would determine how much water was generated by the new franchise. The capacity of the current system has a certain design flow and was sufficient for current usage. The cup count and meter readings would indicate if the Dunkin Donuts were to exceed the current capacity and if so they would then need to reduce their usage or it could result in failure of the system. Board Member Dudley asked Mr. Barber if the cup count condition would be difficult to comply with. Mr. Barber inquired about the need to know both the cup count and water meter readings and stated that it could be difficult to comply with the cup count requirement.
  
• 
  Board Member Dudley expressed concern about condition #6 regarding one of the retention ponds. Planning Board Member Wilkens stated that the same conditions were required of Hannaford. CEO Pierz said there was a specific design for the stormwater ponds at the China Mall Subdivision. There are a total of four retention ponds; two are phosphorous control ponds as part of the original commercial subdivision, and two are stormwater ponds (one triangular and one rectangular). Mr. Barber affirmed that dredging of the rectangular pond would be completed during the construction process.
  
• 
  Board Member Dudley made a formal motion to amend the original motion by deleting the reference regarding cup counts and everything else retained; Strike “and maintain a cup count”.
  
• 
  Board Member Wall seconded the formal amendment.
  
• 
  Unanimously approved.
  
• 
  The original motion as amended was unanimously approved.
  
• 
  Criterions #2-15 were all unanimously approved with no discussion.
  
• 
  Board Member Dudley made a motion that all 15 criterions had been met and, with the conditions so noted and as amended, to approve the conditional use permit application. Board Member Wall seconded the motion. There was no discussion and it was unanimously approved.
  

New Business:

Review Conditional Use Permit Application #07-10232012 by Norman Elvin d/b/a G&E Realty, Inc. regarding the conduct of a commercial business called “The China Dine-ah Too” in China, Maine. The proposal also involves expansion of the building, earth-moving and paving activities. The property is located at 363 Route 3 as identified by China Tax Map 17, Lot 47-D in a Rural District in the East Basin Watershed of China Lake.

• 
  Norman Elvin provided a brief description of the plan regarding the China Dine-ah Too.
  
• 
  Steve Roberge of SJR Engineering, architect David Landmann and Third Party Inspector Richard Dolby were all present.
  
• 
  CEO Pierz began a review of all materials received:
  
  • 
    The property deed
    
  • 
    An application packet from Steve Roberge
    
  • 
    An email from Mr. Roberge to Justin Cerbarano of China Rescue and Richard Morse, Fire Chief of the South China Fire Department soliciting information on emergency service accessibility. Mr. Morse responded October 16, 2012 and stated that emergency access was adequate.
    
  • 
    Copy of a check from Steve Roberge for the Conditional Use Review fee
    
  • 
    DOT entrance permit issued October 11, 2012
    
  • 
    Email (with photos) from Steve Roberge showing interior conditions of the building.
    
• 
  Chairman Breton indicated that the report from China Rescue was missing. CEO Pierz suggested to Mr. Roberge that he email Mr. Cerbarano again and CEO Pierz would also contact him.
  
• 
  Steve Roberge addressed the Board and displayed a site map of the project.
  
  • 
    Mr. Roberge showed the 100 foot easement in the middle of property and the existing septic system at the back of the property.
    
  • 
    The project will include two more “square outs” on the back of the building to make it more rectangular shaped. The basement will be used for storage.
    
  • 
    Mr. Roberge denoted the traffic approval from the DOT allowing the entity to exist with a condition; if the intersection of Village Street Extension and Route 3 were to require a traffic light, the China Dine-ah Too would need to relocate their driveway to accommodate. There will be One Way traffic around the building from Route 3 and angled parking on either side of the structure for a total of twenty-seven (27) parking spaces, with an additional two handicapped access parking spaces. The handicapped access ramp will be part of a proposed new wooden deck.
    
  • 
    Utilities included overhead wires from Route 3 and relocation of the utility pole to the corner of the lot.
    
  • 
    Jack Lord designed a new septic system for approximately 938 gallons located at the existing site. There will be an exterior grease tap that will “tie into” pump tanks connected to the new system.
    
  • 
    Mr. Roberge stated the project was awaiting approval to locate a new drilled well basically in the same location as the current dug well. The new well must be a certain distance away from the septic system believed to be 300 feet. The Town was currently attempting to locate all septic systems within the 300 foot radius.
    
  • 
    Heating and Cooling - There will be propane tanks for cooking and heating and air conditioners in the windows for cooling.
    
  • 
    Stormwater and phosphorous control measures - The project proposes to re-grade the site so the new parking area’s runoff flows into a filter pond on the westerly sideline of the parcel. The pond is eighteen (18) inches deep and filters stormwater through a gravel filter, collects underneath, and discharges out into the road ditch on Route 3.
    
  • 
    Interior Seating - There will be seating for 18 inside.
    
  • 
    Erosion control – Mr. Roberge asserted there were two types of erosion control measures that could be used; silt fence on the lower perimeter of the property and erosion control mix (ECM). Mr. Roberge stated his preference for ECM because it allows water to go through and collects sediments. There will be a hay blanket on all steep surfaces.
    
  • 
    Lighting proposal - Shoe box lighting will be attached to the exterior of the building for pedestrian and parking safety.
    
  • 
    Solid Waste Disposal - There will be a fenced in trash dumpster on the back of the property.
    
  • 
    Landscaping – There will be significant areas along the building to perform landscaping to soften the look on the project.
    
• 
  Architect David Landmann then made a presentation to the Board.
  
  • 
    The basement will be used for storage. There will be stairs up to the first floor and a new mechanical room in proximity of the existing chimney. There will be two root cellars to reduce energy consumption and stock pile fresh vegetables and produce.
    
  • 
    The first floor level will include a ramp system to the main entrance of the building. Inside there will be four (4) booths, each seating 4 people. There will be a small retail area and tourist information center. There will be two (2) Americans with Disabilities Act (ADA) compliant bathrooms and a viewing window into the bakery and kitchen. There will be a loading dock outside at the rear of the building.
    
  • 
    The second floor level included an attic for the mechanical room, light storage, employee bathroom and locker room. The employee restroom is not ADA accessible however if there is an employee who is handicapped they can use the public ADA restroom on the first floor.
    
  • 
    A fire alarm system and smoke detectors as well as insulation to the exterior and a mixture of new windows and existing windows will be added. There are no anticipated significant issues regarding Maine Uniform Building and Energy Code (MUBEC) requirements.
    
• 
  Selectman Paul MacDonald asked if the addition would only be to the first level and would the addition then exceed the total footprint of the building to over 3000 square feet. Mr. Elvin responded that with the new addition, the basement and first floor would be less than 2000 square feet. The attic is 1700 square feet. Mr. Landmann said they do not anticipate the need for a sprinkler system but that would ultimately be determined by the State Fire Marshal. Mr. Landmann indicated they had not been able to obtain an appointment with the Fire Marshal Office as of yet.
  
• 
  Chairman Breton informed Mr. Elvin that if the Board accepted the application, it puts the Board on a thirty-five (35) day timeframe to approve the application. Mr. Elvin stated that they would like to get as much done this Fall as possible including the new well and septic system. Mr. Elvin was informed by CEO Pierz that well and septic permits could be obtained by the Town without Board approval of the application.
  
• 
  Review of the application packet proceeded.
  
• 
  Board Member Dudley made a motion to accept the completed application. Board Member Wilkens seconded the motion.
  
• 
  A friendly amendment was made regarding the exclusion of China Rescue’s approval.
  
• 
  There was no further discussion and it was unanimously approved with the friendly amendment.
  
• 
  Discussion began regarding the need for a public hearing. Board Member Dudley made a motion to hold a public hearing given anticipated public interest in the project. Board Member Wall seconded the motion. There was no discussion and it was unanimously approved. The Public Hearing was scheduled for November 13, 2012.
  
• 
  Chairman Breton asked CEO Pierz if the Findings of Fact could be available for the public hearing. CEO Pierz affirmatively responded and indicated he would process the public hearing with notifications, certified mail and would send the invoice to Mr. Elvin.
  
• 
  CEO Pierz asked Chairman Breton about reviewing the Conditional Use criterion. All present Board Members indicated they had reviewed the criterion on their own time and Chairman Breton did not find it necessary to review the criterion during the meeting.
  
• 
  CEO Pierz asked Mr. Elvin who had the original septic design. Mr. Elvin indicated that Mr. Lord had it. CEO Pierz requested that Mr. Elvin contact Mr. Lord and have him provide CEO Pierz with that design.
  
• 
  There was no further discussion regarding this matter.
  

Review an after-the-fact application for a Timber Harvest in a Resource Protection District by Hugh and Suzanne Krajewski at a location off Route 3 in China, Maine. The property is identified by China Tax Map 35, Lot 09.

• 
  Hugh Krajewski addressed the Board and provided a letter from Harold Burnett which indicated the harvester had gone outside the allowed harvesting lines. Chairman Breton stated that the Board does not deal with violations and that the Board can only approve or disapprove timber harvest permits.
  
• 
  CEO Pierz indicated that Mr. Krajewski had filed a notice of intent to harvest. The Southeast corner of the property is wetland with a 250 foot resource protection district around it. The Northwest corner is a resource protection area of 75 feet followed by 175 feet of shoreland. CEO Pierz stated that he could not authorize harvesting in the Southeast wetland area unless Mr. Krajewski had a forester statement. CEO Pierz reiterated that Mr. Krajewski had self-disclosed the harvesting violation and had shown good faith by doing so. CEO Pierz stated he must give this to the Selectmen to devise a consent decree to resolve the violation.
  
• 
  Chairman Breton asked Mr. Burnett if he had dealt with this harvester before. Mr. Burnett said he had not. Mr. Krajewski said he had seen parcels of land this harvester had cut before and assumed there would be an understanding of the resource areas. Mr. Krajewski stated there were several miscommunication and timeliness issues that had prevented him from obtaining the original harvest permit. By then, the harvester had already begun and violated the ordinance.
  
• 
  Mr. Krajewski provided the Board with a photo of the trees that were being harvested. The trees have “red heart”, a type of rot.
  
• 
  Mr. Krajewski stated his intention to continue harvesting on the East side of the property. CEO Pierz asked if there were trees in that space eligible to be removed at this time. Mr. Burnett responded “yes”.
  
• 
  Board Member Wall asked for a description of red heart. Mr. Burnett responded that it is a form of rot. The trees look solid and sometimes there were external indicators on the tree and many times there were not.
  
• 
  Chairman Breton asked if the boundaries had been marked. Mr. Krajewski answered the boundaries were marked after harvesting had begun.
  
• 
  Board Member Wilkens inquired about the original cutting permit. CEO Pierz responded that he and Mr. Krajewski had many conversations regarding woodlots. Mr. Krajewski indicated he was seeking an after the fact permit to address what had already been done in the Resource Protection District
  
• 
  Board Member Wilkens considered this to be an enforcement issue and that no after the fact permit could be issued until obtaining the results of any enforcement action. Board Member Wilkens made a motion that this must go through enforcement first. Board Member Dudley seconded the motion. There was no further discussion and the motion was unanimously approved.
  
• 
  The Board thanked Mr. Krajewski for being forthcoming with this information and reiterated that no after the fact permit would be granted until after the violation had been investigated and resolved. Harvesting can continue in other areas of the 160 acre parcel but the resource protection area would be “off limits”.
  

Communications

Low Impact Development Forum-Maine NEMO and Maine Rural Water Association

• 
  CEO Pierz stated he had received an email from LaMarr Clannon October 23, 2012 and that he had not yet responded.
  

Additional Business

• 
  Chairman Breton updated the PB members on the status of the current PB budget. Reserve fund total as of October 22, 2012 was $2977. Total balance as of October 22, 2012 was $7520 without the reserve fund. The Board has spent $680 on salaries only.
  
• 
  It was asked if there was a limit on a carry over amount. Carry over can be no more than the original budget of $8200.
  

Adjourn:

Scheduling of the next Planning Board meeting for November 13, 2012

Motion to accept scheduling of the next meeting and adjournment made by Board Member Dudley.

Motion seconded by Board Member Wall.

Unanimously Approved.
Meeting Adjourned 8:46pm

China Planning Board Meeting APPROVED Minutes of October 23, 2012 Page of