Minutes
Bethel Planning Board
DRAFTED 5.28.10
Wednesday, May 26, 2010 Town Office
7:00 PM Regular Meeting
Members Present: Allen Cressy, Jon Cowan, Larry Engdahl, Andrew Glasfeld, Ginger Kelly
Members Absent: Craig Davis
Staff Present: Vicki Rackliffe, Planning Assistant
Others Present: See sign-in sheet
Full content of the meeting is available in Windows Format Audio file format
1. Call to Order:
At 7:00 PM Chairman Cressy called the meeting to order.
2. Opening Statement:
Chairman Cressy gave a brief opening statement.
3. Declaration of Quorum:
Chairman Cressy noted that Craig Davis was absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, May 12, 2010
Larry Engdahl made the motion to approve the minutes of May 12, 2010, Jon Cowan seconded the motion; it was unanimously approved. Andrew Glasfeld abstained from voting because he did not attend the meeting.
5. Communications: None
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications:
1. Applicant: Mountain View Eye Care, Peter Everett & Linda Cameron
Location: Map 25 Lot 95
Peter Everett, D.O. presented the sign application for Mountain View Eye Care which will be located in the building formerly owned by Lennie Shaw on Main Street.
Bethel Planning Board Meeting Minutes 5.26.10 (cont.)
The applicant provided a copy of a lease agreement between the owner, Cyclops Properties, LLC and Mountain View Eye Care, for the records.
Larry Engdahl made a motion to grant the applicant standing, Ginger Kelly seconded the motion; it was unanimously approved.
Regarding applicability, this is a new sign. The proposed sign meets the Sign Ordinance for set backs, height, and size. This will be a double-sided sign on a single existing post with no exterior lighting.
Larry Engdahl made a motion to approve the sign application for Mountain View Eye Care as presented, Andrew Glasfeld seconded the motion; it was unanimously approved.
B. Old Business: None
C. New Business:
1. Site Plan Review
Project: Sunday River Station
Applicant: Roger and Ryan Wheeler
Authorized Agent: Donald E. Murphy, Land Use Consultant
Location: Map 18 Lot 10
Chairman Cressy introduced the project, the applicants, and the agent.
Ginger Kelly stepped down from the Board because of a possible conflict of interest.
Don Murphy, Land Use Consultant, Roger Wheeler, Ryan Wheeler, and Erica Ingle were in attendance. Don Murphy gave an overview of the application for the Puzzle Mountain Bakery pie stand which sells pies, jellies, and jams, and Sunday River Station, a seasonal ice cream and hot dog trailer with picnic tables. Board and applicant comments/questions touched upon State licensing requirements, MDOT entrance permitting, sources of potable water, disposal plans for gray water, the provision of a porta-potty for employees, and means of solid waste disposal.
Regarding applicability, Chairman Cressy explained that Site Plan Review, Flood Plain, and Shoreland Zoning Resource Protection ordinances apply.
A Quit Claim Deed to Roger Wheeler and his authorization for Ryan Wheeler (the primary applicant) to use property were submitted.
Andrew Glasfeld made a motion to grant the applicant standing, Larry Engdahl seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 5.26.10 (cont.)
Chairman Cressy asked the Planning Assistant to address the Application Completeness Checklist. Outstanding items included the pending MDOT vendor access/commercial entrance permit, State license for hot dog trailer, and evidence that the Martin Lane entrance was constructed pre-1992, the adoption date of the Shoreland Zone ordinances. Roads and/or driveways are not permitted to be constructed in Shoreland Zone Resource Protection areas under Shoreland Zoning. Further discussion of this issue was suspended until the Board began its deliberation.
Waivers of the requirements for evidence of financial capacity, receipt of a letter from the Maine Historic Preservation Commission, and conducting a Municipal Facilities Impact Analysis were requested.
Larry Engdahl made a motion to waive all three items requested on the Application Completeness Checklist, Andrew Glasfeld seconded the motion; it was unanimously approved.
Chairman Cressy asked for public input for or against the project. There was none.
The Board began their deliberation of the application materials and issues surrounding the project. These included the MDOT entrance permit, Shoreland Zoning Resource Protection areas, potable and gray water, and Flood Plain Zone AE.
Jon Cowan made a motion to introduce the MDOT entrance permit application into the record, Larry Engdahl seconded the motion; it was unanimously approved.
The MDOT is considering the entrance permit application as a vendor access permit, less than 50 vehicle trips. If there are more than 50 vehicle trips, the MDOT will review it further. The property currently has a residential entrance permit.
The entrance driveway from Martin Lane is in Shoreland Zoning Resource Protection. It is not permitted, if it did not exist prior to 1992. Historical evidence demonstrating its existence was not provided for the Board’s review. Mr. Wheeler explained the sequence of events to his recollection. Considerable discussion took place regarding the closure of the Martin Lane entrance particularly because the Rt. 2 entrance is a viable alternative.
Deliberation moved on to the Flood Plain ordinances with regards to the pie stand and mobile trailer. The Board agreed to consider them as accessory structures as noted in Chapter 105-6 paragraph J. Accessory structures are exempt from base elevation criteria. Further discussion regarding compliance with these standards shall take place with the CEO when a flood plain permit is issued.
The Board considered the draft Findings of Fact and Decision. Regarding the Martin Lane entrance, the Board discussed asking for further evidence, but ultimately decided that even though the entrance is in a Shoreland Zone Resource Protection area, it will be allowed to remain for public safety reasons.
Jon Cowan made the motion to approve the draft Findings of Fact and Decision as amended, Larry Engdahl seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 5.26.10 (cont.)
Larry Engdahl made a motion to approve the Site Plan Review application as presented with the noted Conditions of Approval, Andrew Glasfeld seconded the motion; it was unanimously approved.
Ginger Kelly rejoined the Board.
2. Site Plan Review
Project: Smokin’ Good BBQ
Applicant: David & Heather Nivus
Location: Map 24 Lot 28-1
Chairman Cressy introduced the applicant.
Dave Nivus described the existing business and the application which will bring it into compliance with Site Plan Review ordinances.
Chairman Cressy referenced the application in terms of applicability of Site Plan Review, it is a new accessory structure, and Flood Plain ordinances; the parcel is in Zone AE.
The applicant provided a copy of a Warranty Deed.
Jon Cowan made a motion to grant the applicant standing, Larry Engdahl seconded the motion; it was unanimously approved.
The Planning Assistant highlighted the outstanding items on the Application Completeness Checklist. The applicant had brought additional materials addressing those items for the Board.
Ginger Kelly made a motion to introduce the two items into the record (copy of the State license and interior floor plan), Larry Engdahl seconded the motion; it was unanimously approved.
Waivers of the requirements for an official land survey, evidence of financial capacity, receipt of a letter from the Maine Historic Preservation Commission, and conducting a Municipal Facilities Impact Analysis were requested.
Larry Engdahl made a motion to grant waivers of all four items requested on the Application Completeness Checklist, Andrew Glasfeld seconded the motion; it was unanimously approved.
Chairman Cressy called for public input about the application. There was none. Abutter notifications had been sent.
The Board moved into deliberation of the application. Discussion topics included classifying the trailer as an accessory structure, meeting Chapter 105-6 paragraph J. standards and obtaining a flood plain permit from the CEO, gray water disposal plans, and safety/visibility concerns with delivery trucks and parking.
Bethel Planning Board Meeting Minutes 5.26.10 (cont.)
The Board discussed the appropriate number and design of shared parking spaces needed. The applicant depicted the location of the spaces for the Board.
Larry Engdahl made a motion to introduce the parking plan demonstrating 30 spaces into the record, Andrew Glasfeld seconded the motion; it was unanimously approved.
Regarding the safety standard, the Fire Chief had no concerns.
Larry Engdahl made a motion to introduce the Bethel Fire Chief’s letter dated 5.24.10 into the record, Andrew Glasfeld seconded the motion; it was unanimously approved.
Ginger Kelly made a motion to approve the draft Findings of Fact and Decision as amended, Jon Cowan seconded the motion; it was unanimously approved.
Larry Engdahl made a motion to approve the Site Plan Review application for Smokin’ Good BBQ with the noted Conditions of Approval, Andrew Glasfeld seconded the motion; it was unanimously approved.
8. Non-Application Items:
A. Other Business:
Larry Engdahl reported on the progress to date of the Wind Turbine Committee and the issues it is facing. The next meeting is planned for 6.17.10 where the Committee intends to establish a joint agreement regarding certain issues. Each town will then develop their own ordinance.
The Ordinance Review Committee’s recommendations were reviewed at a Public Hearing earlier tonight at Crescent Park School.
A vacancy was created on the Board with Francis Dumont’s resignation. Board members were encouraged to think about possible nominees to fill the vacancy.
B. Announcements: Upcoming meetings: Regular Meetings, June 23, 2010
Due to the Annual Town Meeting, there will not be a meeting held on June 9, 2010. The next meeting is on June 23, 2010. Chairman Cressy will be absent.
9. Adjournment:
9:05 PM – Jon Cowan made a motion to adjourn the meeting, Ginger Kelly seconded the motion; the meeting was adjourned.
Respectfully submitted,
Vicki Rackliffe
Planning Assistant
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