Limington Planning Board Approves Two Conditional Use Permits

[0:00] Speaker A (unidentified): Yeah, no, we are on. See the green light? The green light says go. [0:06] Planning Board Chair: But nobody, just so you all know that nobody in the town can hear what we're saying tonight because that isn't working. But we are recording it for, so Donna can take a minute. So the first agenda item is Ty Dunbar for his retail store down on 157 Austin Trail. Ty, if you'd like to come and up and this is the public hearing so has everybody signed in bonnie did you get signed in all right thank you i think they have you can give that clipboard to don oh is that your clipboard can you give that to me too so what 's going to happen is you can explain to the audience what it is that you're planning to do and then i open it up to questions from them Okay. And we'll move forward after that. Very good. Well, good evening. Good evening. Nice to see you again. Nice to see you. [1:04] Ty Dunbar: And as most of you know, some of you know, we have a store, Dunbar & Sons, right up the road. Dunbar & Sons Antiques and Vintage. So I started my business back in 2013. And what we did is we did estate liquidation. We'd go right inside the homes. Folks would be downsizing or parents may get passed away. And we'd go in there and clean out estates. Since then, we've rented a couple of spaces down in Cornish, and then we had the opportunity to buy the space in Linnington, the old chicken barn. [1:36] Planning Board Chair: Can I ask you to come to the side? I know you want to address them, but I want to be sure that it's recorded. Absolutely. So if you could, just so that everybody can particularly get recorded. Yeah. Absolutely. [1:46] Ty Dunbar: And so now, the next phase is I'd like to go ahead and open up a discount center. A lot of times when we go in these homes, 90% of the things that are in these homes we can't bring to our antique and vintage shop. Good serviceable items, but just not something that would fit into that store. So we're looking at 157 Ospy Trail and opening up a discount center there with lower cost items as well as newer items that are very serviceable. That's kind of direction we'd like to go. [2:26] Planning Board Chair: Okay does anyone have any questions for Mr. Dominoff? Yes Bonnie if you could come to the mic please. [2:33] Speaker A (unidentified): It's the address you just said the former [2:37] Speaker D (unidentified): Jehovah's Witness building? That's correct. Yes. Thank you. [2:41] Planning Board member: I know we mentioned the last meeting there'd be nothing outside right? Everything is sold inside. There's not [2:46] Ty Dunbar: There's no going to be junk piles outside. If there's anything outside, will be the day that we're selling. We'll bring stuff out, and we'll put it away afterwards. Correct. [3:01] Planning Board Chair: No one else from the audience has any questions. We'll close the public hearing. Planning board have any questions? Things I've gotten written down here, it's going to be a discount store, is that [3:26] Ty Dunbar: what? That's correct, community discount. Yeah, it's going to be an estate outlet and clearance [Curtis Porter: Center. It's] something. It's something that's very much needed, especially the populace that we're dealing with. I mean, even today I went on a house call, fella in his mid-70s, he's got a downsize, he's lost his wife, he's got to move into a smaller home. But I hear it all the time, people are tired of just taking their things to goodwill, and so this would be an alternative for them. I [3:57] Planning Board Chair: think it sounds like a great idea. I'm supposed to prejudice myself before we get through. But if the planning board doesn't have any questions, we'll turn to, you have to find their page after 20 years, 55 is it, 56, so conditions, standards, applicable, you know, 6G on page 55, basically, Mr. Dunbar, what we do is we have, they call standards applicable to conditional use, which is what you're applying for as a conditional experiment. [4:26] Speaker D (unidentified): I can't see, 55? 55, yeah. Yeah,. [4:31] Planning Board Chair: And we just go down through them. We address each one half the time. It's not applicable or whatever. OK, just one second. That's OK. That's OK. Just one second. And then we make notes as to what needs to go into the conditional use permit that comes out or notice of decision, like when you apply for a sign, you go through the code enforcement officer or anything else that might come up that would be attributed to this, Okay, like no leaving material displays overnight or that kind of thing lighting and whatever. Yes I Believe there was a sidewalk for this. Yes Thursday. Could this planning board just share with us the public What you saw in the sidewalk? We saw an absolutely clean open building. Absolutely. Thank you. If you took the chairs out of here, it would be what it looks like, spotless. The floor, the cement floors have been appropriately washed or whatever the material was you used on them. There's a couple of rooms in the back, if I'm not, correct me if I'm wrong, that could be used for storage or when materials are being brought in. There's a bathroom, in fact there might be two bathrooms, and there's a lobby with a nice tile floor in the front, and there's an office space, and everything was clean I think. There might have been a little juicy clean, there might have been a little table, and there was a chair that looked very nice that was going to be got for sale, so that's pretty much what it was. Okay, anybody else? So we'll start on 6g1 a, the use will conserve shore cover and visual as well as actual access to body waters. That's not applicable. B, the traffic access to the site meets the standards contained in this ordinance and traffic congestion has been addressed in accordance with performance standards in the ordinance, and they do have this previous use of the building, so they've already gotten their permit for their driveways and they have more than ample parking, so that is not applicable or have been met, have been met. C. The site design is in conformance with all municipal flood hazard protection regulations. That's not applicable. D. Adequate provisions for the disposal of all wastewater and solid waste has been made. Do you have a contract with a waste disposal person or do you have any? There's a septic tank on site. Is that what you're talking about? Trash and. No, I don't at this time. Do you see any need [7:16] Ty Dunbar: for that down the road? If I have to I might get a dumpster on site, I would keep it locked, but just for pro flow trash. Usually when I clean out estates we bring dumpsters right on site, so very little trash gets taken off [7:42] Planning Board Chair: e, and provision for the transportation, storage and disposal of any hazardous materials has been made, so that's not applicable. F, a storm water drainage system meeting state standards shall be installed. That's not applicable. Some of these apply to a new business in the building. F, a storm water drainage system meeting state standards shall be installed. Not applicable. G, adequate provisions to control soil erosion and sedimentation have been made. Once again, this is not new construction, so it's not applicable. H, there is adequate water supply to meet the demands of the proposed use and for fire protection purposes. Do you have a well on site, is that [8:27] Ty Dunbar: There is a well inside well outside. Yeah, there is a drilled well. There's one, a drilled well. [8:35] Speaker D (unidentified): By the [8:44] Planning Board Chair: provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties, including public areas, from detrimental features of the development, such as noise, glare, fumes, dust, odor, adverse visual impact, and the light. And under this is glare. So if you were to have any outside lighting, it would have to be directed such that it doesn't interfere with any of the homes across the street or abutting. You okay? As far as what does the board think as far as I think there are a few trees if you're looking at the [9:24] Ty Dunbar: building on the left between you and the house. Yes, the tree, I believe the trees are the line is that right, Richard? Okay, so is there anything else the board [9:36] Planning Board member: he's not gonna keep anything outside, so yeah, there shouldn't be any bad visual [9:41] Speaker A (unidentified): stuff so [9:46] Planning Board Chair: Jay, all performance standards in this ordinance applicable to the proposed use will be met. Yes. K, the use will not result in unsafe or unhelpful conditions. That's correct, it will not. And the final one, L, the use will not have an adverse impact on beauty, historic sites, or rare and irreplaceable natural areas. Correct, it will not. So does the board have any? I've got written down here that for the notice of decision that no materials will be left outside side overnight, that the sign needs the approval of the CEO, that if necessary, if that's agreeable to the board, a trash dumpster will be brought in and kept locked. That doesn't mean it has to be there all the time. And the lighting will have to be directed such that it doesn't interfere with any of the budding properties. Anybody else have anything else that should be added? Anything? No? Okay. Is there a motion to approve Mr. Dunbar's conditional use permit with those conditions that just signed? Motion to approve. Is there a second? I'll second. Grace seconded it. All in favor? Grace seconded it. So basically what happens now, you're okay to go. All set. And whatever you might need from Craig, that's to him and you, and within ten days or two weeks I will have a notice of decision written and it will just state those conditions that we just talked about. [11:28] Ty Dunbar: Well, thank you very much. Thank you. Good luck. I hope it goes well. You made that painless. I would like to open the month of October. Yes. Okay. So I'm... Oh, you know what we do need to ask? Yes, is I was if I was gonna ask that George hours right now. I'd say like I probably Thursday through Sunday it's good up where I'm running my other business as well. What I was, hours are probably to be like ten to four. That's prone to change, so I might play with and see where folks are working. I might try to stay open later a couple nights just to so they can come at night, or I might add a day. It all depends on the help that I can get at my other shop. [12:20] Planning Board Chair: Okay, thanks. The next we're a little bit early for our conditional use permit for Mrs. Ashton who wants to add to an existing camp at 527 Lake Road. So why don't we do the minutes of [13:02] Speaker D (unidentified): They're on the box. They have a last page on your packages. Oh, looks like you didn't get one, Joyce. [13:12] Planning Board Chair: Oh, yeah. Seventeen. It's only one page? [13:16] Speaker D (unidentified): Yeah, both sides. Oh, okay. [13:20] Speaker G (unidentified): I don't know if I get one. [13:21] Planning Board Chair: On the very last page of the package. Keep going. [13:35] Speaker D (unidentified): What am I going to do with you? [13:39] Speaker A (unidentified): Would you like mine? Because I printed one off. I don't have any extras. Grace, you don't have anything? No, I actually didn't have anything. Oh my. I know, and I read them through before I came. There was a couple that were like, eh, but I didn't feel like it was anything that was needing of changing. [14:19] Planning Board member: Well, the less vote for it. She went over it, and it's good. [14:23] Speaker D (unidentified): I'm trying to please you, Grace. Wow. [14:33] Speaker G (unidentified): Did you find anything? No. Okay. Yeah, I did. I found one. I'm going to find it, because it might print out. [14:46] Speaker A (unidentified): Right. Same. Mine's different, too. [14:49] Speaker D (unidentified): What is it, Bob? [14:51] Planning Board Chair: He's waiting to find it. [14:52] Speaker G (unidentified): On the back side under the homeowner's association document for a limited estates piece there [Speaker D (unidentified): Yes, okay] You've got chair Foley said there was a mistake in the homeowners association. It should read further homeowners association bylaws. [15:12] Planning Board Chair: Yeah, and have we gotten that I was one of my questions I went through this and pointed out at the meeting the things that I thought were yeah, you do correct but they should be in the minutes and I didn't even try to correct them I [15:27] Speaker D (unidentified): guess the other stuff that you referred to you I thought you said this is my personal opinion that's why I didn't well it was the other board members [15:40] Planning Board Chair: didn't just disagree either they had read it and didn't change it but I can [15:46] Speaker D (unidentified): go back and listen to it and I'll put them in if you'd like I think some of it [15:49] Planning Board Chair: should be in the minutes because like on page three you know the board of directors then you know this is just like somebody went and clicked the button and printed off just words [16:05] Speaker A (unidentified): Exactly, it's a very good thing that is what they did, because they didn't even change the fact that it said Town of right now, remember that's correct. So there are things that, yeah, it did need something. [16:17] Speaker D (unidentified): Okay, I did put the Town of Standish one in. Yes you did. Yes, I don't have it online. Yes it is. Oh, Town of Standing. Yeah it is, and I have called them. You asked me to call them, and I have talked to the project manager at BH2M, and he said he will have those corrected and have Nick Thorne send us the new homeowners association. He also said nobody reviewed it. Okay, you [16:51] Planning Board Chair: know his office review this. Well he, I said he sort of inferred it wasn't his [16:58] Speaker D (unidentified): job, then it's Nick's job. Yeah, it's Nick's job. [17:02] Planning Board Chair: Whoever, so anyway we need a corrected copy of this. He says he will give it to Okay. Very good. Any other corrections? If not, is there a motion to accept the minutes of August 17th as corrected? [17:21] Speaker G (unidentified): I'd like a motion to accept. [17:22] Planning Board Chair: Is there a second? Aye. Daryl seconded it. All in favor? I guess I've got to do better with my timing here in some of these. Why don't, since people might want to come to the, although this is just accepting, so we don't need to make an appointment. If it were a public hearing, we'd have time. Right. All right. The gentleman who is representing Mr. Ashton. Curtis Porter. Hi, Curtis. Would you come to the... Curtis Porter. [18:14] Curtis Porter: What's his name? Curtis Porter. C-U-R-T-I-S. C-U-R-T-I-S. [18:19] Planning Board Chair: C-U-R-T-I-S. P-O-R-T-E-R. I've heard of you forever, but I've never met you. [Speaker D (unidentified): P-O-R-T-E-R. Yep.] So if you could just explain to us what it is they want to do. I know you've got some drawings in here. [18:33] Curtis Porter: So back in the summer, she contacted me, and Robin Hewlett and I had done work for her before. Floor, so we went up and on the side towards the road, not towards the lake, she would like to add like a mudroom and extend her bedroom out and put a bath, make the bathroom bigger, which is kind of in the middle, so it's 12, it's 12 feet out away from the house and 20 feet wide, and the roof line will be the same, it'll be tucked in underneath coming out. I talked to Kenny Gardner, he went up and he said probably gonna have to move the septic tank because it's where it's supposed to be now, it probably is gonna have to be moved out, and he would help with that part of it so. I [19:35] Planning Board member: noticed there were some flags there. Is that where the bed is? There were some flags in the [19:39] Curtis Porter: Ground I was down there. I like to go down before that. Kenny probably put those. I haven't been there. Kenny was there after. So there's going to be a whole new subject system. Well, Kenny thought, from what I heard from Grace, is that Kenny thought the tank could just be moved, and then there was enough space to the distribution box so that the field was fine. So I [20:04] Planning Board member: noticed by the drawing. [20:06] Curtis Porter: Are you going to be able to keep that the same distance from the line? Well, from, and this is, this is from Grace. Who's Grace? She's the owner. I beg your pardon, Grace Ashton. I'm sorry. Yes, so when they did the survey, she thought that the end of the porch was 15 and a half feet to that line. So the porch is going to go away, the eight foot porch, and it's going to come out four feet more. So that's really not going to put it a whole lot closer to the line by coming out a [20:47] Planning Board Chair: little bit there, and it will be the opposite side from the lake. Opposite side from the lake, yes. Yeah, upside finally. Well, we will plan for a sidewalk. Are there any other questions? I went down there [21:02] Planning Board member: the other day just to see [21:06] Speaker G (unidentified): in front of the new construction house. It looks like you're going to [21:11] Curtis Porter: slab another one or a porch no there's a wooden porch on there right now okay so there's a porch that's eight by i don't know 14 maybe something like that 's on the back so that deck will come off and the new foundation will sit right where that porch is only four feet [21:34] Speaker G (unidentified): closer here is there. Yeah, so this is part of the old. I'm just standing here. [21:47] Curtis Porter: Okay, so this is, oh, that is, that's for the bulkhead. Okay, any [22:01] Planning Board Chair: other. Any other questions? Craig, do you have any questions? We need to set up a site walk, and our next one is also a conditional use permit off Waria Lane, so we probably could do both the same day. [22:17] Planning Board member: That would be good. Yeah, they both are down there. [22:22] Planning Board Chair: What day is the bulletin going to be? [22:31] Speaker G (unidentified): Are you the next one, the warrant, you're going to be involved in this because we want to do a site walk for yours too, but we want them on the same day. Okay, that's okay. The whole, the board has to [22:43] Planning Board Chair: come out, so do you, do either of you have a preference for which day you'd like us to be out there. We need to have you on-site. Okay. [22:55] Curtis Porter: But, I mean, do you do it morning to afternoon? Usually afternoon. Afternoon's fine for me, yeah. [23:02] Speaker A (unidentified): You can be like two-ish. [23:04] Curtis Porter: And one day, like, are you gonna do it this week? No, usually like [23:10] Speaker A (unidentified): the, typically we do it the Thursday before the next planning board. Thursdays are fine for me, that's [23:17] Planning Board Chair: Fine, yeah, so the next planning board meeting is October, I think it's the fifth. Yeah, and so [23:24] Speaker A (unidentified): it's october 1st is thursday if we went with thursday we could go with you know wednesday thursday friday october one two does that work for everybody that worked for me two works for me [23:37] Ty Dunbar: One doesn't, so two o'clock. Does that work for you? Okay, would be my wife works on Thursday and [23:44] Speaker H (unidentified): And I'm actually this weekend, and I was probably... [23:50] Planning Board Chair: So there wouldn't be anyone there on Thursday? [23:52] Speaker H (unidentified): Well, my wife will, if on Wednesday, she can do it. Well, she can actually change it. Are you sure? [23:59] Speaker G (unidentified): She could change it. [24:00] Planning Board Chair: Are you sure she can do that? [24:02] Curtis Porter: Wednesday would work for me if you want to go. [24:04] Speaker A (unidentified): I mean, I think Wednesday would be okay. [24:07] Speaker H (unidentified): I just have to call. Her brother died last weekend, so she's in Florida right now. [24:12] Planning Board Chair: Okay,. Okay, so we're not going to ask her to change her work schedule for us. [24:17] Ty Dunbar: I realize, I mean, this is our usual day before. [24:19] Planning Board Chair: Yeah, we'll do it Wednesday, which would be September 30th, if I'm correct. September 30th? Wednesday, September 30th at 2 o'clock. 2 o'clock? 2 o'clock for both. [24:32] Speaker A (unidentified): We'll do one at 2 and one at 2.15? [24:35] Speaker D (unidentified): September 30th, yeah. [24:36] Speaker G (unidentified): Or 2.30? [24:38] Planning Board Chair: The first one is at 2 o'clock. [24:40] Speaker A (unidentified): Do that one at 2? And you guys at 2.30 or 2.15? [24:43] Planning Board member: Either one of them. There's not much to either one of them. [24:45] Speaker A (unidentified): Yeah, so maybe 2.15 even. 2 for you and 2.15 for you. [24:53] Speaker D (unidentified): 2 and 2.15. [24:55] Planning Board member: It's a little higher parking down there. [24:57] Curtis Porter: Yeah, you know, that is... I mean, if you drive down in, you can kind of turn around. [25:03] Planning Board member: Yeah, it's going to have to be pretty tight. I did drive in there a lot. [25:07] Curtis Porter: Yeah, it is tight. [25:09] Planning Board Chair: Well, I will tell you that no matter what the date is, I have family from Texas, and I will not be going. So as long as you guys are happy with it. [25:19] Speaker A (unidentified): I'm actually happier with Wednesday. [25:21] Planning Board Chair: So Wednesday at 2 o'clock. [25:24] Speaker D (unidentified): Will Ashton be first? [25:27] Planning Board Chair: Ashton will be first. [25:30] Speaker G (unidentified): Ashton at 2 o'clock. [25:32] Planning Board Chair: 2 o'clock on September 30th. And the other one is at 2.15, right? Are they close together? Yes. [25:41] Curtis Porter: Oh. On the same. Okay. [25:46] Planning Board Chair: Is there a motion to accept Mrs. Ashton's conditional use permit with the sidewalk on Wednesday, September 30th at 2 [25:54] Speaker A (unidentified): o'clock? I motion we accept the conditional use. [25:57] Planning Board Chair: Grace made the motion. Is there a second? Second. Bob made the second. into the discussion. All in favor? Okay, so we'll see you on. Thank you. Bob, seconded down? Yes. [26:13] Speaker D (unidentified): They don't need us down this end. Pardon me? They don't need us down this end. [26:19] Planning Board Chair: Mr. Stalling, why don't you come up here if you would please. Oh, also,, Mr. Porter, I forgot to say public hearing for this will be on our next meeting, which was October 5th at seven o'clock. [26:49] Speaker D (unidentified): Isn't that the next one, not this one? No, isn't it, Sterling? No. [26:55] Planning Board Chair: We are having a public hearing for Mrs. Ashton on October 5th at seven o'clock, and if you can be here, or some representative. I mean, technically, we have to do that. The abutters have to be notified. And when you was here, you saw it now. [27:13] Speaker D (unidentified): It's going to be your application. So excuse me, Joyce. We do not have the abutters listed correctly on your application. Somebody needs to come in tomorrow and give me the little copy, because I've got to send out abutters letters. Is there only two? Yeah, and it's installed. See, Craig has told me that's not complete. I could be wrong. I doubt very much, I doubt very much if that's true. [27:44] Planning Board Chair: Yeah, so there would be more, you're saying. Okay, oh yeah, they thought of butters and they didn't know how many feet. Okay, so there needs to be 250 feet from the property all around has to be notified. [27:59] Speaker A (unidentified): So I need them, typically if you go into the town clerk office, they can tell you anybody else that needs to be on that list, so they're on each side, the whole [28:12] Planning Board Chair: 250 feet, no matter whether side, front, back, whatever. Yes, because Donna, I'll be in tomorrow in order for her to get the notification to the about us and the notification that has to go into advertising it to the public. Okay, all right, thank you. Okay, thank you. Mr. Stalling, how are you? Basically, you're on Warrior Road and you are going to add an existing camp, so if you could tell us what it is that you [28:52] Speaker H (unidentified): you exactly plan to do, that would be great. Yeah, to put addition off the side of the campus. You're looking at it, just 20, wow, this sorry, 20 by 15 two-story addition. It's a bedroom with a bathroom upstairs, and then the downstairs is just going to be a storage room, and I also have a three-sided metal shed that is going to go, it's like 200 feet from the water where I put the location, but and also when I make the addition, I have a set of stairs that go down the outside of the house, so I'd like to extend the deck on the downstairs so I can attach the stairs back on the outside of it, but [29:46] Planning Board Chair: is this on the lake side [29:48] Speaker H (unidentified): It's the addition is on the lakeside is facing out and additions on the left side of the house. So I have some engineered drawings that I basically my house is a very strange roof. So when they built it the side is away from the lake is only six feet high inside the room. So that's why I put that building to match the front. I'm gonna just be existing roof line that's already there and I've had architect do a structural analysis and it's going to be all structured beams and built to match the existing roof line so there'll be no height difference. It's just going to be 15 feet wider on the left side of the house. We have one bathroom upstairs and we have one downstairs but the grandkids won't use it because it's an outflush toilet and it scares them. [31:01] Planning Board member: So have you... You're putting in a new septic system two years ago. [31:05] Speaker H (unidentified): I already engineered a new septic system for the three bedrooms and I got a permit and the septic guy Andrew Barker actually brought his machine over today to start. Now you already got a permit from the septic design and it's actually moving the septic. It's going to be a pump system that brings it further away from the water. So because the original one was probably 60 feet from the water so this is going to move it out 20 [31:40] Planning Board member: feet out. Who did the salt? Can you tell us? Can you gather? [31:43] Speaker H (unidentified): I don't. Andrew, I have his name. [31:46] Planning Board member: Doesn't make any difference. I just wondered. [31:48] Curtis Porter: Yeah, he came. [31:51] Speaker H (unidentified): I can't remember what his name was. Andrew uses him exclusively for septic design. It's going to be concrete chambers in the [32:02] Planning Board Chair: So, Andrew is your [32:04] Speaker H (unidentified): Andrew Barker is the contractor to do the septic. [32:12] Planning Board member: He's got a big lot. [32:13] Speaker H (unidentified): He's got a setback on the one side of my Arthur, my neighbor. I'm about 74 feet away from the lot line. [32:24] Planning Board Chair: 74 feet. Oh yeah, it's huge. All right, so then are there any more questions? No. If not, the public hearing for your situation will be once again on October 5th, And it will be at 7.15, let's say. It might be a little bit later, but let's say 7.15. [32:49] Speaker H (unidentified): You're going to do the same visit on Wednesday the 30th at 2.15. Right. Yep. Wonderful. [33:03] Speaker D (unidentified): Let's see. September 30th at 2 o'clock. [33:09] Planning Board Chair: This will be at 2.15. Is there a motion to accept Mr. Starling's conditional use permit for his additions on Warrior Lane. [33:28] Speaker A (unidentified): I'll motion we accept the conditional use [33:30] Planning Board Chair: Permit. Is there a second? Bob seconded it. All in favor? Okay, so we will see you October 5th at 7,, 2 weeks. September 30th. September 30th at the sidewalk. Thank you very much. Thank you for coming in. We appreciate it. Have a nice evening. Okay. This is about Mr. the taylor's lot yes [33:58] Michael Skolnick: Michael Skolnick Madam Chair thank you for having me tonight and the rest of the board as well. My name is Michael Skolnick I'm an attorney with Archipelago Permitting attorney and land use attorney. So obviously I wasn't here at the last meeting or any of the meetings beforehand. Mr Taylor is out of the country right now so he asked me to attend on his behalf. I did take a look at the plan that you had before you before I went through some effort with the surveyor to try and clean it up for you Right now what we have to do is he needs to come in [34:32] Planning Board Chair: with a subdivision plan that clearly answers questions as to how many lots he's going to have there or whether he's expanding it to a major subdivision or not sure. And so we really can't say anything more than tonight because we don't know what the plan is going to look like. And in the ordinance, when there are any changes, this was an original three lot subdivision. And when there are any changes, they have to come before the planning board, even if it's just a lot line. And this leaves a fair number of questions as to exactly how many lots he's going to have here. So that's really what basically he has to do if he wants to move forward with the sale [35:20] Michael Skolnick: of many properties. I do appreciate that and I appreciate your analysis and you guys taking a look at this. I do have a few comments about that and I do understand your position that will come back as well. I think what Mr Taylor has been trying to say to the board and really bring across the table that in 2022 when that original plan was approved it probably shouldn't have been a full subdivision plan and the reason for that is there's a home on the property and Graph Builders at the time was owned by Jacqueline Taylor who resided at the property within an exemption to the subdivision rule when it came before this board, this board did everything right. They reviewed the plan that they had in front of them and approved that plan. And I do understand that there's a recorded subdivision plan. It's the Taylor's position however that it probably didn't need to happen and a lot that's happened since then with the conveyances or what you see on the plan today it'll show pretty much everything there is above board and legal because it falls within certain exemptions to the subdivision law. A lot of the discussion as I understand it and I'm, I can't speak for this board because I wasn't here, but a lot of the discussion at the last meeting was that there was possibility that he was trying to avoid subdivision and the subdivision statute. When we look at this plan, I want to make it very clear just so this board knows and when we come back before the board again to do anything you require us to do to clean it up that when the lots are split and you convey a piece to a family member that is exempt from subdivision. You can split up at least one lot and create it within a five year period and convey that to a family member. You can also take land from another piece of land that's owned by the same person and convey it to the original piece so you're not adding a lot. I think that's the real point that Mr. Taylor was trying to say at the last meeting to when the statute says you're trying to avoid subdivision really what they're saying is you're avoiding subdivision but you're still adding an additional lot here there's no lots being added [37:41] Planning Board Chair: to the plan. I guess that's a question that we need to have answered by absolutely an engineered plan that shows exactly where these lots are. I can understand that and once we get that plan then [37:55] Planning Board member: we'll be able to move forward with but he's already sold a lot off so that's added a lot [38:00] Michael Skolnick: that added a lot what since I agree with you that there was a lot added since the plan was recorded in 2022 so what the position would be and what I'm trying to convey to this board is that plan should not have been a considered a subdivision and if you look at the plan itself it does not say subdivision it says division plan okay that is a and I do understand I do understand where there's some [38:33] Planning Board Chair: confusion with what the plans say it's a confusion I think it's the how you want to interpret the [38:40] Planning Board member: term so [38:42] Michael Skolnick: The way I understand it, and I certainly appreciate the board at least even hearing this for us tonight, and I did my best to get a plan in front of you that you could at least understand and you can go forward with. But one thing I would say is my understanding is you want another plan to come before this board as an amended subdivision plan or some sort of new subdivision plan, is the way I understand it. I think that's pretty clear. Yeah, right, I do when I'm preparing this for Mr. Taylor, who's the town's attorney, just so I can speak with them so I know exactly what we need to bring to the board. [39:21] Planning Board Chair: How do you pronounce it? Ryan Lizance. Lizance. Ryan Lizance. Great. [39:26] Michael Skolnick: That's good information. I appreciate it, and I appreciate the board's time. Is it that this hearing will be tabled, or are you expecting a full new application? [39:39] Planning Board Chair: We will not move on this at all until Mr. Taylor, or you come back with the appropriate plan. Yeah, and answering the questions about the lot divisions and exactly so there are no fuzzy lines, if you will, know some lines are very solid, some lines are just like pencil marks. And it looks like some have been recorded and something, so we just needed a solid plan. It says exactly what it is. [40:07] Michael Skolnick: No problem. I appreciate your time. I have one question. Yes. [40:12] Planning Board member: I have a question. You said that this should have been a division of land, not a subdivision. So my understanding, I don't know this to be true at all, but she originally inherited that land. [40:24] Michael Skolnick: His wife. I don't know that speech. I don't know that, so I'm not following you where. [40:30] Planning Board member: If you, if you do two lots and you have the remaining acres, it's not a subdivision. [40:36] Michael Skolnick: if you do two lots and you own one piece and live there for a period of time you fall within into exemption of subdivision you're allowed to split off two lots if you have a homestead lot i can give you a statute too if you'd like to look it up yeah that would be good absolutely it's title 30a mrs 4401.4 a one you'll see the exact four a yes you'll see some of the exemptions in subsection four to subdivision and that one falls right in there [41:15] Planning Board Chair: So it's title 30A, 4401, section 4.1. Yes. 4A1. 4A1, I'm sorry, yeah. [41:24] Speaker G (unidentified): So then I understand here, the contention is that on the map you provided tonight, the piece that is labeled remaining land, which is the one that they have the home on. Yes. [41:41] Michael Skolnick: That's exemplar. That should have been exemplar. That also together with the top portion of the peninsula. So that piece was one piece. I do understand how the board knows that it's split now, but when you split it and you convey a piece to your family member, that falls within another exemption to subdivision. And that's 30A MRS 4401 4D-4. [42:07] Speaker G (unidentified): So I'm seeing Lot 2 being divided into two pieces, one with a David and Jacqueline Taylor. Where is the other family? And one with Collins. [42:21] Michael Skolnick: So Collins is, that's the lot that Mr. Hubbard said that was conveyed out. I do agree that was conveyed out. But at that time, David and Jacqueline both owned that land. so they own lot three and lot two so in essence when they can beat out to mr. Collins there was still only two lots not in their ownership I do understand that 's confusing however that 's the way this has all come together over time the tailors own all of lot two that was in the original subdivision plan that this board approved and lot three what they did is they only conveyed out a portion of lot two so in essence there's still only two Lots being created and they own everything else on this property well [43:15] Planning Board member: they've done some moving around. Indeed. Absolutely. Yeah, quite a bit. So I want to totally understand this. So she owned all this supposedly. They did. So why did they [43:30] Michael Skolnick: even need to come to the planning board my understanding that there was a solar farm proposed on lot one this is a subdivision a commercial subdivision it's not a commercial sub just one of the lots in it are commercial so you're saying that because they lived here [43:46] Planning Board member: and they owned all of it, they could cut two lots off and it would not be a subdivision? Yes. [43:56] Michael Skolnick: And that's within the statute that I provided to the board, because the solar farm is not [44:02] Ty Dunbar: considered one of the lots. No, the solar farm would be considered one lot. Two would also [44:07] Michael Skolnick: have been considered one of the lots but the last piece it falls within the exemption simply because they have a homestead at the lot that's where they lived at that time but what is labeled lot three now so lot three would be the full peninsula so the way that dash line is shown it's shown that way because that's the lines in the written in the 2022 subdivision plan if you look at the dash line cutting off the peninsula and with the house lot remaining within it that's lot three that was approved by this board in 2022. what has happened since then where you see lot three split in half in the skinny part and then you see areas is labeled a and d i'm sorry area c and d right both lot one at that time and lot three were both owned by jacqueline and david so what they did is they took some land from lot two in the original subdivision and simply conveyed it to the peninsula lot so it's not creating an additional lot here. What we're doing is just moving around a lot line. But do they have proposed buyers for the Peninsula lot? No, the Peninsula lot's held by a family member. It's in a family LLC. [45:35] Speaker A (unidentified): So lot three, they're not selling to an outside person? No, they're not. That's not the intent, [45:42] Michael Skolnick: certainly, and that was never conveyed to me. [45:47] Speaker G (unidentified): my understanding when he was here at the last meeting so the buyer from lot three [45:55] Michael Skolnick: my understanding, and if that's true, then I would see that would be creating a differential lot going to a different person. My understanding is where it says remainder of wooded lot, that's where there is a conditional buyer at the moment, remainder of woodland lot. Yeah, the woodland lot. [46:16] Speaker G (unidentified): Yeah, that's the other half of Lot 2. [46:18] Speaker A (unidentified): The other part of Lot 2. [46:20] Michael Skolnick: Yeah, so it would, if this gets even more confusing, that would really be the only remaining portion of Lot 2, because the Collins piece was conveyed out, the other half, or the other third let's call it, was just moved into Lot 3 with the peninsula, so now what we're looking at is the remainder of the woodlot here, right, and I do understand that this is confusing. I'm trying to explain it the best I can because [46:58] Speaker A (unidentified): he kind of represented it differently to us last time so that's why I mean it sounded like he was selling off lot three sure did to other people not to me we had a [47:09] Speaker G (unidentified): problem completing that deal and it was time sensitive, right, because he needed the approval to make that happen from the, that he led us to believe, and I still believe that is, that is conveyed to someone else, someone's buying that law. It's, it wouldn't, nothing has been conveyed. No, but I had a person call me, he wants to sell that lot off, he has a buyer for that [47:36] Michael Skolnick: law he certainly has a buyer for this remaining land he says i know about remaining of lot two yes [47:45] Speaker G (unidentified): yeah well it that's not what we it was the lot three right and that's quite [47:53] Speaker A (unidentified): possible, so that's what we've got to get all clarified, and then to sell this one would be the third lot, that to me, that's why that skinny little line is [48:08] Planning Board Chair: right here, because he said, you know, yeah, right in the homeland off from this, right [48:16] Speaker G (unidentified): I would want clarification on that. He was, I thought, pretty clear on what has happened. [48:24] Michael Skolnick: I would agree, and I apologize if I'm misstating what he said. We, met about this recently, but I do understand that the, what's in front of the board, from what I understood you say in the beginning, is you have a subdivision plan, and if that's changed, you'd like to see another subdivision plan. Do [48:43] Planning Board Chair: you understand we need clarification on what he's going to do here? [48:47] Speaker A (unidentified): Absolute legal clarification of what he's doing, what he's doing with lot three, and what he's [48:54] Planning Board member: planning to do with the remaining woodland lot. So basically you're saying he came to the planning board to get the solar farm approved, and the rest that was not a subdivision. [49:05] Michael Skolnick: That's not what I'm saying. He didn't come to the planning board at all for the solar farm. My understanding is the solar company came to the planning board. That's true. Yes. [49:20] Speaker D (unidentified): Sir, I didn't get your last name when you came to the... Sure. No problem. It's... Your first name is Taylor? Michael. [49:28] Michael Skolnick: Michael. David Taylor's the applicant. Oh, yeah. Okay. Michael. Michael Skolnick, S-K-O-L-N-I-C-K. [49:36] Speaker D (unidentified): S-K-O-L-N-I-C-K. [49:37] Planning Board Chair: In RCK? Yes, thank you. No problem, I appreciate it. Okay, well, I think that's probably about as far [49:45] Speaker A (unidentified): as we need. I think that is, there's not anything else that's going to get resolved. No, I do [49:51] Speaker G (unidentified): think you're talking to the town attorney is a good idea. Yeah, I do as well, and I appreciate [49:56] Michael Skolnick: your, that recommendation and you're providing their name, so, and so it would be the next step [50:02] Planning Board Chair: would be up to Mr. Taylor to get in touch with Craig. That's the way he wants to come back [50:08] Michael Skolnick: before the board. Great. Okay, thank you very much. Thank you for coming in, we appreciate it. [50:16] Planning Board Chair: We need to, we have two major upcoming workloads. One is that I just got an email a couple of days ago from the Southern Maine Regional Planning Council, and they're starting to rev up wanting to talk about what is Southern Maine Regional, what is, it's not data centers, what is it that we're working with them on updating our ordinance to comply with the new state guidelines on housing and terminology. So we have to set up a meeting with them. It looked to me from the email that they weren't going to have it done until March, but we need to have it before that if we're going to have it on the March town meeting, or they'll have to be a special town meeting in June to address it. The other one that's, as you know, the selectmen, I have put a forward a moratorium that was voted in a few weeks ago on data centers, and they expect us to come up with, you know, language to address how the town wants to address the issue of data centers. So I'd like to kind of split some of that up. You have a good portion that you've had. Darrell, would you be willing to look into the pluses of having a data center in town? Now, I think we need to get information, as much information possible, on why it's a good idea to have them, why it's not a good idea, and information substantiating that position. Because otherwise, we're not going to be able to answer questions, and there's pluses and minuses to everything about it. [52:13] Planning Board member: I guess there's stuff on it I'll put together. [52:17] Planning Board Chair: Can you do that? Yeah. On the plus, on the why, on the, you know. [52:20] Speaker G (unidentified): Yeah, I'll make the teacher. Yeah,. [52:22] Planning Board Chair: Okay. And Daryl would look up. And Grace and Pete, anything that you want to add to it? Fine. I'd like to have it done so that we could at least put the data center thing before the town for the March town meeting. They can always extend the moratorium, but, you know, I think and maybe we could even do the other one, but if Southern Maine Regional is, seems to me they're planning it pretty far out, but I will call them and find out exactly what they're doing is everybody comfortable with that [52:56] Speaker D (unidentified): Yeah, okay, so Joyce, is that going to be during a regular meeting, a special meeting to go over [53:03] Planning Board Chair: those no we'll have it will be part of our regular meeting okay and hopefully we'll have a discussion of the data centers on october 5th okay with whatever materials they've come up with in this fire southern main regional i'll just update everybody on the physics [53:22] Speaker A (unidentified): Okay, is there anything else that we need to talk about? Absolutely, you know, I will [53:37] Planning Board Chair: Is there anything else that's on the agenda, anybody? So basically what he's trying to say [53:43] Planning Board member: Is they kept one lot to build on, and the other one they kept. So the only thing they really did was sell a lot to Solifra. Right. But if that's so, why did he come back to the planning board for this? [53:57] Speaker G (unidentified): I honestly believe there's something going on with this. [54:00] Planning Board Chair: Well, did you hear him say that he wasn't supposed to do it? It was not intentional, or whatever the word was. I mean, you don't come in before a subdivision of the planning board and pay all that money unless you have an intent to do something. I wouldn't think, anyway. [54:14] Planning Board member: I've never, I've never heard of that. Yeah. Yeah. [54:19] Speaker G (unidentified): He's got, he's got somebody on the hook for that line, for that lot three. Three. He wants the family. There's not a family in that lot. Yeah. I'm convinced of that. [54:26] Planning Board Chair: Because I had the woman call me. Who? She and her husband. You did? Yeah. Three. Yeah. I don't know where she is now. [54:35] Speaker G (unidentified): She should, she should be, she should be concerned. [54:37] Speaker D (unidentified): Do I need to put this discussion in the minutes? [54:42] Planning Board Chair: Is there a motion? Is there a motion to adjourn? I motion to adjourn. Is there a second? Second. Pete seconded it before you. He made the motion. Great. All in favor? I'm going to go. That's okay. To adjourn. Danielle, can you? To adjourn.