Orono Planning Board Meeting- 10/19/2016
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you notice one of the American planes gonna happen anyway we just had a steady call people are upset we raging about the winter you don't know also notice is that there is no good time working I'm just contact yeah I don't know if your braided up with snails you don't need Nate ever seen that I'm being told you take now on the flags the lady went on godaddy putting off the ISIS flag thought he's putting up license for a pass nephew they're complying the big down the highway look up proper flag displays here you're avoiding my can only beat on moving vehicle integrate or a funeral military really yeah I in no way out of it huh laughter 911 I broke the walk along will flag on my truck yeah this is a have that miners when I was a little like three by five seven Cal actually go when I started working I worked with a couple of know guys that we don't woodsman whatever the deadlines are scaled they said you know young fellows to get all the school you come on in we ask yo got out of school at the White House we come out here we have to teach you what you supposed to know is true I never forgot it that's true well what is true is it get along a lot of stuff to learn you know don't teach you at the White House my first job first professional I've worked since the seventh grade but my first protection on down to mill they interviewed four of us are they pick me I got talking about Jordan bricks here I asked Rick why youth one picked out message Jeremy any four of you could have done it down no problem but it's cool to work the best with us you know I thought about that remember that it's not your technical ability that your people exercise today do you only think of to our hideout us and that's going on for payroll who was the engineer there when you don't do the cheat a scammer and still there the chief engineer well we had wronged her were coming here early Oh akhtar here yeah I knew Roger well yeah cuz don't worry buddy note I see ya I are you wanting more that one was he still in orland it's all still here he goes down from one area month or maybe two and your destiny reservation Sanjay pelayo somebody's later daddy he may applause michelle bachman ex's house evo champion stock 112 then there was this gold I just care about up this together so it's waiting point he said on the record are they part of the way they're here you'll have to read a man component up and see but he if they're not your honor I think he didn't need to tell you sheriff guy he's smart and he's a nice man yep not as one so it's just don't you don't bring my stuff this is your degree it's three pillars i'll be arriving more contracting style taste that stop obvious that he's gonna do it how okay the better angle I don't look through the union's off and on for his father's 25 years always the guys at the mill was good disease at for good stores and we long and we kids and we this is a contract you guys threw up and get you icicles to up it was not they agree yeah was that he must be fair busy season you know it didn't think I made a mistake he didn't call him the first person to a degree argue about it that's was made of Atlantic come on but if somebody else gets up one guy who has been put in place tonight is organized on the plane available players a year to say she won't use cameras he could've gross with all the damages is a good person that you've been fortunate is wrong about Natalie with the crackers I should have suffered not this equation for the Union I want to see you could aggrieved it worse a handful is going together but they didn't do it says okay we did the job south tempe i found a bit i love and ask them now how did you ever know a little Clement is Millard plumbing s about colleges my lord only knows why but listen so she does not like spiders to work but you could have the plain bored in the Horner's they know we wanted to be assured that you do the purpose no it has passed away now once but the current problem was using 70s when hired me to do this it def wants to you could say no so i know that is so good just like i write that report while making a conditional that you Evan that was Sophie that was Sophie Wow detail yeah I guess okay about emotion please move for acceptance see it I have one small change very good fairway okay under public hearing first sentence starting with German phylrich open the public hearing and invited the applicant to present an updated summary of the area's applicant it should say application yep good room any other just given that change you recorded that Evan your that who seconded Mike Mike is an associate member tonight your associate member all right so very good thank you Lisa so we have a motion second one correction any other changes hearing none all those in favor as amended very good moving on we have one public hearing this evening it is a site plan application of body allowed for a three room bed and breakfast meeting space and tea room within an existing owner occupied residence at 42 Mill Street identify this tax map 2712 lot 25 in the village commercial district can I have the applicant mr. chairman I'm gonna butter all right I do have a concern about it but i'm not sure if it would matter whether it was on the board about the concern or not but I'm I certainly could step down I don't whatever i'm gonna ask you can you remain impartial unbiased and your review uh yes I believe I can all right I'm going to ask the board do they have any problems with judge sitting up here hearing that no I'm going to ask the applicant do you have any problems with judge staying up here right you're in all right oh great very good so can I have the applicant step up to the mic give us a summary of what you propose to do hi so a summary of what I'm proposing to do you are I'm Claudia loud i live at 42 Mill Street Nora no I've probably been there almost 15 years raised my family in this house what am I proposing to do well I'm calling it the permaculture in because it's a brought a book it's a a study it's like a green engineering field which is sort of care for self kill for others and caring for the environment and basically returning always back to the planet that's the ethics of permaculture so all I'm planning on doing is actually having a three-room bed and breakfast on my second floor also having some spaces to have meetings about permaculture I also do some church singing which I brought father here he happened we just did something so I I'm also bringing everybody I can and also a tea house and I'm planning on having the tea house to run from hours from 11 to four and ah let's see the tea house of follow all the rules that the state has so right now we'd have the kitchen inspected and will be baking having some baked goods and some soups I would imagine it's going to be very low impact and I still live in the house so I live on the third floor I don't really have much more to say about it per se but yeah as a meeting space and a place where we can gather and I can tell the public that I'm there and etc no well thank you we're gonna leave it open up we're gonna hear a summary from Evan have some questions from the board then we'll open it up for public hearing but thank you do you want me to sit back down yes that would be fine Evan can you go through your summary sure this is there existing-home there a long time existing home on the site it is a fairly large lot for the village district a little over a third of an acre it it extends from Mill Street to Oak Street so I frontage on both kids it's access is from Oak Street it's vehicular access as remote street it's pedestrian access is principally from Mill Street although you can certainly walk up to it from the back of the building as well one thing this is a project in which there is no new construction involved no alteration of the site is proposed no new paving no removal vegetation no addition to the buildings the light of that most of the mitten up most of us many of the site plan items i will say bear no relevance to the the application is just the use and therefore this law it has requested a waiver on submission items that you need to act on before you you know go your final decisions and basically it's a wave ron on those items which are generally listed in my report and in the applicants letter that relate to those two construction activity topo maps boundary surveys stormwater runoff those sorts of things it's a standard request for applications that involve no new construction or alteration of the site it in the commercial district in the village commercial district there is no requirement for off-street parking the assumption involves commercial district is that people find their way to public park in either on street or in a public parking lot as you know the pine street parking lot is a short distance from the front of this home and there was on street parking on mill street on summer street which is around the corner and at the rear on Oak Street on one side Mill Street is one way away from Main Street and oak tree is one way toward Main Street they're somewhat hoax it's a somewhat narrower street than a standard built today but it's one way and there's ample room for parking on one side if that were required the the uses claudia has explained the uses I'm not sure how many seats are proposed for the Tea Room how many you know how many you could see maybe you just say it right time this since I haven't done this before i'm thinking somewhere in like the 15 ish kind of amount that's when i went through the house it's a big house I'll be admitting eyelid so it's a large house with if there's six at a table my one table and this two chairs here and two chairs here when I counted it all up it was about 15 seats mm-hmm okay so um thank you when when somebody gets into the world of some places of assembly as a meeting space or the serving of food certain other requirements kick in that beyond the land-use ordinance sometimes they have implications for land use ordinance such as if the assembly were to accommodate more than 49 people according to state fire code then you have to have a sprinkler system and the sprinkler system requires a water supply line large enough to accommodate and serve that sprinkler system that's not the case here the indication the application is for that meeting space would serve in the 10 to 20 numbers of people for workshops and now Tea Room with perhaps 15 seats so you'll see Henry vons a a comment saying that you know given of what's being proposed it appears adequate one caution is that the bed and breakfast even those three rooms is read under the state five-hour ordinance doesn't limit it to three people but the state fire code will image of 33 people not three simply through if three rooms have two people each that six people and that would require sprinkler since I was Scott here in Henry's letter yes but the plan is I'm standards to limit it to the three people the public sewer system no issues there according to superintendent Joe Madigan we have had I believe there's no lighting no new exterior lighting proposed there appeared to be no dumpster or outdoor storage of solid waste i assume still be handled interior and it may have to be collected by private collector that's a converter I'm sorry yes which would be from the permaculture part of the philosophy is and there will be a single sign of the type shown and shown in the photo in in the there was correspondence with dimensions yes no end is there will be potentially music on site of various kinds and you may want to discuss that with the applicant we have had some expression of concerns which is from a neighbor and which is in your packets and to be read into the record as part of the public hearing for you to discuss with Claudia other than that I think it is a pretty straightforward application Thank You of them could have you step up again please uh just questions from the ball and I do want to follow up on Evans comment we did did have concerns about noise so the board will be discussing that but you elaborate a little bit on it seems like there's some current activities there your son play some music so they're referencing that and their email so just did you elaborate a little bit on what you anticipated for music and we understand what well this is Nick he's my son he's going to school the university of maine at orono and he's a music major and he's taking classical guitar right now but he had gone to school and Augusta and had done jazz so we had had other musical events there but this one we're only going down to suing unplugged as far as an all acoustic so the game plan would right now is he would play from like 12 to one his classical guitar and he's actually think he's gonna graduates in May and to go out and go to on tour and he may not be back and made but so I don't think it's going to be a long-term issue with the music but right now i'm planning on having like classical guitar non just acoustic during lunch time I mean I think Kevin probably spoke to you but we have local noise ordinances there we have to rely on that's typically what we we asked for but you know there was concern from neighbors so we're we're going to bring it up so we'll discuss it but other questions from from the board I had a single question which was the parking even though in theory there's well there is no requirement in that area so if there were you know the three bedrooms that's uh huh you have plenty of parking for that ideal but if there were 20 people that came to assemble plus those bedrooms will full 23 cars yeah would you direct people in some way is to where to park i could see oak street kind of becoming yeah or your driveway they're becoming kind of a clogging point sure well it is a double lot and there's nothing built on the other lot right now there's nothing so i mean i could actually put in a parking if it was ever an issue I'm not really thinking it's ever going to be an issue mostly because it's the permaculture in its trying to get people to not drive cars everybody drive their own car walk ride noth rideshare take the bus go from the University and take the little bus it's to try to have people not be going to the ways that we have been which is everybody have their own car and if that was I'm sure we could get out there and do some direction to people for some of the public lots like at the end of the street where the UCU building is and at the library or wherever there might be I don't expect to ever really have about 20 cars certainly truly don't ever want to see 20 people in 20 cars I sell that's not my my estimate that anything like that would ever happen okay right the question alright I am going to open up the public hearing I'm going to invite anybody proponents opponents to step up to the mic state your name don't be shy my name is Catherine svet ski I cleaned the permaculture in mom every couple days or so I I do the maintenance you know and I honestly love the idea I helped her decorate I helped her figure out like brooms and get rid of like clutter and all that stuff so it's a very open space and it's actually like very welcoming welcoming area and I've never seen 20 cars they're probably won't happen and if it does there's so much parking around here it should be fine okay thank you others hello my name is Nicholas demoulas and I'm an aspiring musician who pays rent with his mom and I am just trying to get by you know trying to find venues of areas that would accept the alternative sound that I've been working on and and I just believe that that place that house is a beautiful house and I just want to use it to this full capability but also appreciating the town's view at the same time stop this question there was a concern in the emails about you know outdoor issues those kinds of things but it sounded like there was some reference that you might currently without bed and breakfast or any activity that you occasionally play outside so I'm just trying to understand what the change would would be from now to what might happen to win the future well for now um like my mom said I I play classical guitar I am I am be studying it for at umaine for a little bit time now and um and I guess the only difference would be that I would be doing more of a I'm almost a bistro but you know something kind of like classy that was just just with the classical guitar and um I think I think it'd be more appropriate at this time and and I'll try to do whatever the town would ask me to do to help with the scenario okay thank you very much hello sure we have a public hearing open I believe you voice some concerns in email would you like to step up and make a public comment here with all right so I'm just I'll address you but for further comments I'll have you step up to the mic but just as in just a summary we applicant is presented the application and we just open the public hearing we've heard a few proponent like i said i don't know it's been set our only concern is noise could you state your name for the road Richard Hollinger 48 millstreet near the neighbor with an A one of the neighbors and that would be our only concern is said that there isn't a lot of noise or amplified music ok very good thank you additional questions mr. chair could I ask yes just so we get the right spellings of names yes just have your name all right has everybody had a chance to read the email correspondence regarding noise hmm any any issues with that I did want to point a clarification yes from dr hon jure should ask before i made you walk all over the place but that's so you key issue with the noise is the amplified instruments that's the main thing the amplified instruments right and so then the point of clarification from you you're not going to be prone employed instruments there'll be unplugged instruments yeah that was my move the one as well correct but should do we need her to say that into the microphone I think we've acknowledged okay thank you alright so and again just a reminder there is a local noise ordinance and I actually live in the house that they live in I was in the back apartment for two years so I'm pretty familiar with that area over time and it can be a noisy neighborhood at time so you we've given the local knows boys ordinance the applicant has read that ordinance and they've indicated that there will be no amplified music so wait just a minute please yet another person correct I saw them but I was just trying to correct some of their address some of the issues so you know you can have further discussion i'll invite you up to the mic please state your name and concerns you could use dr. Hutchison I live I met with Richard we're married I live next door to the property and I'm also concerned about noise and as as people know that's a noisy neighborhood and noise ordinances may not be that meaningful in terms of what actually happens so I think that you know whatever kind of business development takes place in that area end of the street which continues to be a residential area has to be very carefully considered and very carefully monitored because otherwise you know those of us who are living there are going to be forced out of our houses just really almost happening at this point with the roost and the family dog and I would like to suggest that you know there be some kind of modification or addendum or a reconsideration revisiting of the noise ordinance with respect to the kind of outside noise that is allowed by business in that downtown area I think it is part of the comprehensive plan that could be taken up yes right now the audio no leads yes so just to make the point that noise ordinance in theory and noise ordinance in practice or two different things as we know and up we don't want to have to be in a position where you know people are milling around outside all day long you know if 40 people in the house that's great if they're in the house how are they going to be prevented from milling around in the house garden which is literally adjacent to our windows how will that be managed all right that does my concern in the house is fine and bed and breakfast fine but it you know traffic to in front from the house people lingering and lounging in the outside spaces these are issues for us Thank You mr. chair Sandra if you could just yes mr. chair I wonder if to you through you if I could ask we had an email exchange you provided with I think three different right version is an email chain with three sets of statements a would you like to read those into the record be would you like to chair to read those in the record or this obsession that all the planning board members have seen them and read them well I mean you can read them if you like I I you know the the three emails came as a result of an exchange I was having with the chair of this many are the person who is receiving the information should just ask the board if they had read the emails as part of the application and I did the heads nodding yeah I think I mean the point I make is is you know it's very much what I'm saying now is that really noise is because of the nature of the structures the outside porch the side porch in the garden and I honestly don't know why houses in those days were built like that all i can assume is that our house wasn't there you know and there was a an outdoor space that extended but to have a you know to have a porch a yard and then our bathroom windows our kitchen does i've been to it it's like a lot of houses in New England I mean neighbors have to be really really respectful otherwise you know i mean all our bedrooms are now on the other side and that's because you know claudius very social person that's great we we're more introverted where we write we read body as a lot of friends that's great I admire her but you know there has to be a way that we can both of us homeowners can live in these two properties comfortably right it does appear that there's some history in your email correspondence you indicated a there's been a lot of a lot of noise I think you know you don't take is what I understood this yeah there's been give and take I think Claudia's been very respectful should have a lot of concert or party she always tells us we come it's fine it it ends before the you know the noise ordinance it you know I guess what I heard what you're saying it would seem that that that agreement would continue well how can I continue with you 40 people building it out I didn't hear 40 people I heard well that's what I I mean yeah she had 15 to 20 I said to me today that the four th e vitamin her house fair graciously and showed me around and I know she's trying to be a good neighbor that's great and so are we at the same time we're trying to protect our interests of value of our property which we will never be able to sell F which was another point if there is a huge amount of noise just won't be able to sell it right and we have renovated we've upgraded the property so that we've restored that house from a rooming house to a beautiful house I used to rent the apartment in the back every once lived in that house lived in her house in so I guess my question is the application says and she just indicated that for the tea house which would seem to be when perhaps the most people are there she said space for 15 to 20 and then judge made a point where maybe three in the boarding house plus the family members so yeah 40 seems access excessive three in the bathroom a three bedroom what's happening now is fine all right question question for you Claudia so but I'm going to ask you up at the mic so say 15 to 20 people show up for an event how long is that going to event going to last and when's it going to be yeah please just a second though I heard 40 people today that's you you can't contain noise afore people i think that i might have misspoken to you because i was talking about what the max is allowed for the from the fire person which is 49 that's like the maximum allowed by what Henry Vaughn so I think I was mistaken when I said that I'm not ever expecting to have that much of a crowd but that's what some of the fire chief won't allow any more than that in that so but anyways having said that I do think it's going to be in the 15 to 20 and you ask me what is the hours and I'm just saying if you had 15 to 20 people coming and you said 12 4 11 24 11 afford excuse me yeah but that would be people coming people going yeah yeah that's what I'm thinking and I just want to put out that i also bought this house in 15 years ago and i bought it because it's on the village commercial district you know I actually always bought it to think that someday I might have some kind of a business in there and I can appreciate Sondra and that she's a poet and she stays home a lot and I can I can respect that very much but this is the village commercial district and I want to be very respectful for that and I think that it's like we want the town to grow and we want it to balance we have to balance for the town and the people but it is the village commercial district and you said it's a noisy place and it is a noisy place and no i don't expect to have people milling around and in fact i've never had an evening complaint for noise it's I can understand Sandra's sensitive to these like acoustic non acoustic thought things because Nick was a teenager and playing music and out the window and all that sort of things because we've been there for 15 years but certainly I don't expect to have big crowds throng as noisy we're we have that at tually every night the bars closed so this is nothing I can expect to have any where any kind of level of that kind of impact and it is it's a noisy place just you know but that's what I expected when I moved downtown and I'm not surprised so I'm i I'm just okay with it that's who I am I'm not surprised that the roost is their margaritas is there Pat's is there the family dog is there and all of those things in the other breweries and it's it is if there's going to be any noise in downtown or a no it's going to be on mill street and I've been used to being that that's why i am not necessarily punked someone who's ever complained per se because that's why sort of expect that but i'm not expecting to add to that i'm only expecting to work on these 11 24 hours and i expect to be a very low-impact person and i can honestly say that i will keep it to being an acoustic set up for Nick and if probably if he wasn't a musician I might not be thinking music per se but he is and I want to support that so that's why I want to be honest and upright thank you questions additional comments for Claudia all right sure your please step up father Scott from the Russian Orthodox Church downtown and bhangra please do a figure of speak on Claudia's behalf of known her for a long time and I have a lot of respect for our energy this doesn't go away I think what Claudia is trying to do here is make a transition if I could put it in mice terms from raising a family and some of the problems that are associated with that which spread outside the house in terms of overflowing noise and activity perhaps and try to make a transition from raising that family to the empty nest and what she can do with the rest of her life she's a very social person and as her neighbor said she liked that people around I think what she's trying to do is make a transition to utilize his property in a manner that's low impact very low impact but not no impact mm-hmm I think the impact if you look at it overall in perspective probably lesson she's got one child pretty much left at home after it graduates in may and he's a high schooler so God knows where he'll wind up but I think this project that I think she has in mind I look at it not as a commercial venture because if she makes any money all of you for one surprised i will be surprising III said I would like to be surprised but I don't think she's going to become like the next rooster downtown I so i would think that my advice would be not to look at this as a commercial thing but rather as a social and residential activity one that has some social aspects people are going to come maybe to meet in small groups ten people five people maybe seven people maybe 12 people and some people will be living there to replace or kids who are moving out my guess is if I was a neighbor I probably welcome to change in an inhabitant to the house but be that as it may I could also speak regarding the religious aspect of it all our church if we do have any activities there you can be sure there won't be any amplified music in it because in the orthodox church we don't use any instruments at all and all abuse is a voice so the singing that we do is not loud and it's not raucous and it's not accompanied by anything and i think that the extent that there's any church activities that would be very very low impact and very uneasy types of things like bible studies or what have you but i think the fact is it's not really a big commercial enterprises going in so i think that some of the fears of them expressed can be kind of a late but i do think there was a social and residential aspect to it but again I think the overall impact is low impact but indeed is not knowin packages of change of use and so that's why she's presented this application and hopefully you will see it the same way that I do is a good thing for the community no one which over time will allow her to transition to stay in our home there and utilize the property and pay our taxes and be a good citizen and be a good neighbor so thank you for the chance to Regulus thank you others I didn't really mention this this thing that was it's in the email is that while it is a commercial district that's true it's zoned commercially as commercial there is in fact a bit of a contradiction there in terms of that zoning because you have a huge facility of old people and many of whom are really disabled who are an oxygen for example most of my neighbors across directly across the street either on oxygen or somehow you know suffering from some long-term illness or on disability and you know when the town has put a facility like that I've often wondered why it's there I don't know the history I mean why would you put a facility for the disabled the elderly the mentally disabled as well in the downtown commercials in any way again we have to deal with current issues and Melbourne point is the point is those people aren't here tonight rate they can't get here their wheelchairs so we got to think about them we got to think about noise we've got it there there it is a commercial district a business is good that's all great but there is a whatever happens with our house there is I speak on behalf of those people who are disempowered you don't own homes most of them on disability they need some some quiet and people have moved out because it's too noisy and so this you know thrust towards development really has to be balanced with respect for property owners like ourselves will we be able to sell our house if when the time comes will we be able to live in our house until that time and what about the people who are an oxygen and who couldn't make it to the meeting last you know how will how will their lives be inside their homes so it's a balance of interests and well we all wish everybody well and we hope everybody wishes us well these things have to be I think a good song thank you yes um I love my across the street neighbors and they they've come to my house and they're actually very much for me they I've asked them to come tonight and some of them might come still but they are older that seven o'clock is already there they've come to the house for other musical events and I actually might disagree with sondra this one that they've been for this and I talked to them many of them today about it and none of them said they had a problem so i just wanted to state that for the record because i really like my across the street neighbors some good all right last call for public hearing i'm going to close the public hearing leave comments to the board you've heard the concerns any comments further discussion mr. chair don't we still like an act week waiver we do get to that I'd like to just cover this while we're we're still thinking about it I understand the concerns of the neighbors you know I live there I you know I know how noisy the street is I could hear the neighbors next to me as well but it is village commercial there's a lot of sources of noise it appears that the applicant has understood the concerns there's a history that the neighbors have worked back and forth together that seems okay to me there is a noise ordinance I think the Apple can understands there's a noise ordinance you've are the concerns I would like to keep this simple be good neighbors they they've expressed their their issues and you've responded to them doing any any further comments on that any additional conditions mr. chair yes I'd like to pose a question to the board to please do theatre and and that may go to the applicant as well or maybe it's a reminder to the board that well this is a proposal that audial aoud has made and that your will be acting on recall that land uses go with the property not with the owner mm-hmm if if there's property were to sell to somebody else it could also be used as a you know for these purposes and so the query whether or not and this a judgment you can make and in discussion with the applicant that as you if if you are predisposed to approve eNOS that you approve it with limits of the numbers that they that that she has indicated so that if it were sold in the future and be used as a restaurant it would not be a restaurant at 50 or 60 seats on to a couple different floors and that sort of thing so it's a it's a it's a you know technical point but a very important one that the your approval will run with the land and not with the owner it doesn't do a pool does not expire if the owner leaves that property and so if you want the record to show that it what's being approved as what's been proposed tonight with those number limits I think you should say so if that's not a concern to you then you don't need to do that well out or degree are we limited there in the sense that you know there's a waiver that we would need to grant you know in order to facilitate this which waiver on on the the submission they have to actually do all that it's just the submission requirements that right we were the submission requirements essentially yeah that's yeah that and that's a separate matter from what I'm career I'm Justin but yeah but let me rephrase that to what degree are we allowed to put those kind of limits in place in the sense of hours of operation number of people noise I think if you if you based on what you've heard and read believe that there could be opportunity for you know some level of traffic congestion or disruption of you know something that would ribs risk public health safety welfare issues it is within your province to offer conditions that would mitigate those and if the numbers the numbers may be important here they or if somebody wanted to do something more they could come back and ask for an amendment and then look it doesn't run on this merits if you had on-site parking extra law they definitely I didn't have to you know build a parking lot and not just use the existing driveway now you now there would be some questions about drainage and and so forth so so that's what I got out of judge pointed we're gonna weigh the requirements based on it's just what she's proposing and if anything else came up we'd be coming back date has to come back it were going to propose more if that's what yes like you know if we could use that as a bargaining chip so to speak that was kind of an admission that said that were either so but it does seem I guess reasonable we've heard concern from the neighbors Claudia's indicated that seems like a maximum of 20 people in the tearoom and no amplified music when she stuck to that I haven't heard any wavering so that it is a possibility that we could put as a condition of this approval that I don't think the house will fit more than 20 people in a sitting so if we want to put something for people to pipe up on what what are the thoughts I meant so Evan just went a question so if it stays with the property and let's say she sells it in the future and a new owner comes and operates it as she has operated it it seems like that would be fine however if a new all operator comes and operate what new owner comes and operates it in a different fashion call it a restaurant or whatever it might be seems like that would trigger this whole process again I think you know a tea there a tea room is a restaurant so when you're a probe energy room you're proving a restaurant and you know so if it's simply being approved as a restaurant it's interesting and good that you've heard all this information as to how Claudia plans to run it but I'm somebody bought it I think it could be sold as as approved for restaurant and somebody could come in with a restaurant that has significant more seats than that they'd have to meet fire code other you know all the things but they could probably do that and you know and they could just do that without ever coming back to you right I think if you if you think it advisable that such a transition should come back to a planning board for further review then it would be a good idea is to accept a proposal as it has been submitted with the numbers limits that have been provided to you it's a choice for you yeah one of thoughts on that Lisa I i think i'm in favor of of that just that you know if there's gonna be a different owner I'd like to know that they would be respectful of the neighbors and then you know all the stuff we've discussed already so I'd be in favor of stipulating that Krista I agree okay and so just for clarification we're talking about adding a single limit which is the total number of people that can be in the house Nick we had limit and then though I think the discussion and it was very clear from the the neighbor the amplified music was a primary concern so that that would seem to keep the noise levels in a suitable level so those the to the tuna that's all yours guessing amplify didn't see traffic is any issue because I mean they can fit so many cars on the driveway and if anybody tries anything different they'd have to expand that and that would not we've waived those conditions based on no construction so NE ohio that driveway or additional parking or pavement would bring somebody back in if it was a new owner correct i think you just need to make that clear on the record okay so because without their new Harrity the implication will be with a ground and current parking configuration yes and how are we going to so that whatever people were thinking 20 23 she said mother's what I heard 15 to 20 in the tearoom and then say there's a maximum of three people in the bed and breakfast one per bedroom and let I guess that's the business side of it then there's however many family members so i don't know if that too adds up but 23-9 not related yeah I think and I excuse me mr. chera but I think that you know for force ability should talk in terms of the Tea Room should the restaurant the eating right so you know they'll show you how one of the three have more than 20 seats don't talk in terms of people there we go seats so no more than 20 seats because there's a mic going to count those and they already have a limit on the bed and breakfast gallery have a limit on the bed and breakfast really yeah it's it's pretty much the Tea Room I think that I believes that a focus on her so T Rome noise and current parking configuration that sounds good to me yeah alright i'm heading down that way I agree Dave fine don't agree why I am NOT here tonight oh there we go you can yo you're not voting but you're you're here I'm gonna make your work yeah I'm good with that as long as all those numbers that put in there either in your submission all right so the biggest one for me is how would you categorize amplified music because you know a homeowner could be playing our next-door neighbor's son likes to play the guitar what we actually enjoy it it's pretty neat so it's tough to say hey you can't play a guitar in your home anymore that's amplified so I'm just trying to figure how we would add that as an item and not have it be my recommendation that's a good point I yes I you know as law under stand the concern of the neighbors and and bakery the fact is there is a noise ordinance noise ordinance are difficult to enforce the way the noise ordinance in or no is written there are a couple ways to approach it that you know the if the Police Department believes that there is a nuisance condition you don't really ever you don't actually have to measure it if it's if it rises based on certain factors to loosens condition the police department can require to stop I think that's a standard based thing I don't I I think somebody could say I can do it I can do an amplified music and still stay within the limits they should be able to do that and of course the residential portion of it wouldn't as you point out really complicates anybody living in a home can do what they want as long as they're living within the standards of the town so I think you should not I think would be inadvisable to make that as a standard of approval the standard should be they must live within the terms of the noise ordinance okay which is a given that's a given we've also heard the applicant has heard the neighbors concerns so as long as you're living there they've heard that okay all right so that that changes their approach a little bit and we're still gonna actually noise comes off the table then yes I guess that would be last thing is should we try and do something with hours of operation in terms of it not being a night time you place you could certainly do that just that 11 24 who's the current proposal yeah I don't did we get our clothes I guess now but I think one of the keys for them i would assume is they don't want someone else to buy and turn into a bar and so it's there's people in there at ten at night and midnight no I think the proposal before us is 11 24 that's so we put 11 24 in there or the beer we have five to give it a little bit of an extra bump yep the hours of operation of tea house operation so someone else will buy it yeah once we turn it into the restaurant they could turn it into a bar and it could be open from 11 to two am right the proposal before us is 15 to 20 people entity house hours of operation 11 before okay and so then a specified within us that's going to it they can't expand beyond that or maybe 11 25 yeah I don't think that's too late but yeah something like that they got to come back that may be coming back before the board if they change all right little wiggle room a proposal on the tables 11 25 15 to 20 people and noise that we're going to they have to follow the current noise ordinance I don't think that has to be a condition because that's just a given I'd say maximum 20 seats the maximum 20 yep thank you yep all right so before we move on we do need to vote on the waiver request before we move it forward so they again just a rehash they they're not doing any external modification so they've requested laver zone and I think have enlisted them it's there's a paragraph there so i would need a motion on that waiver requests first page it's spelled out there so for this Evan we just need a motion since you've seen that we're going to grant the waiver wave from the submission requirements cut or these items I move that we grant the planning board or the waiver request for the submission requirements for Claudia load load loud sorry at 42 Mo street tax map 27 dash 12 25 for her project to turn her single-family home into a three-bedroom bed and breakfast in addition to a tea room for 10 to 20 seats a second of any modifications to that this is the waiver request this is a request vote on the application area all right no more discussion all those in favor all right this is unanimous who seconded the we were okay tell me Jeremy next up can I have a motion on the application itself do we have a finding it is to find effect on the floor I love it here of our proposed findings of fact I love to hear you read them thank you again just always be a record this is a draft you can accept modify or reject any of them based on what you've heard and read right here the proposed findings of fact for bed and breakfasts and related activities at 42 Mill Street for the site plan review this October 19 2016 pursuant to article 6 section 18 177 or the or no code of ordinances or no Planning Board has considered the application claudi allowed to establish a three-bedroom bed and breakfast meeting space for 10 to 20 people and a tea room within her single family dwelling at 42 Mill Street text my up 27 dash 12 lot 25 in the village commercial district based on all evidence presented by the applicant reviewing agencies town departments in the public the Planning Board has found the following number 1 requirements of the district that the proposed redevelopment will not involve new construction are significantly alter the site that the proposed additional uses are allowed within the village commercial district provided that the dwelling is owner occupied as it is and that the lot and building conform to the minimum dimensional standards of the vision village commercial district any issues there hearing none number two right title and interest the applicant has title to the property any comments concerns moving on number three compliance with town ordinances and codes that the proposal does or is able to comply with town ordinances and codes with particular note that in addition to the site plan review the applicant must receive any necessary approvals and licenses related to places of assembly and the serving of food prior to opening which are outside of the lanius ordinance and about which the Planning Board makes no specific findings any issues there moving on the number for utilization of the site that the additional use of the property will not alter the current physical configuration of the site issues concerns hearing none number five vehicular and pedestrian access that the site has adequate vehicular access from a public street and that the area in which the property is located has sidewalks sufficient for safe pedestrian access to the site issues concerns hearing none number six traffic and parking that the street system serving the site is adequate to handle levels of traffic likely to be associated with the new uses at the village commercial does not require commercial use uses to have off-street parking but that the applicant does have off-street parking on the site for several vehicles in addition to those serving the residential dwelling and further that the public parking areas both off street and on street are available in the media vicinity any questions there all right number seven stores are materials that will there will be no exposed non-residential storage on the site common concerns number eight stormwater management that the additional uses of the building will not involve new construction or significant alteration of the site and therefore will not change the volume or other aspects of stormwater runoff from the site it concerns hearing none number nine water supply sewage disposal electrical utilities that the site will continue to be served by public water supply public sewer lines and electrical utilities and that these are adequate to serve the proposed uses with particular note that as long as the bed-and-breakfast does not host more than three persons at one time and the meeting area serves the number indicated in the application it does or is able to comply with the state of Maine fire code and regulations without additional water supply systems that may be necessary for fire suppression and issues there moving on natural features water quality and shorelines number ten that the additional uses will not alter natural features of the site and will not affect water quality and that the property is not located in a shoreland area or flood zone common non eleven a hazardous special and radioactive materials and solid waste management that the proposed uses will not generate hazardous special or radioactive materials that the municipal solid waste to be generated will be stored inside and appropriately collected for disposal at a licensed solid waste disposal facility any questions their comments hearing none number twelve historic and archeological resources that the proposed uses of the property do not affect known historic or archaeological resources comments questions there none signage that signage will not exceed the number of dimensions the number of dimensions of signs permitted in the village commercial district and that the location of the single proposed sign and the property will not interfere with traffic any questions there again we've had issues signage can't be in the right-of-way got to be in your property that's understood any other questions no lighting number fourteen that no new exterior lights are proposed to serve the property and the additional uses questions there nope number fifteen noise that the proposed additional use of the property B&B rooms meeting space and tea room including any entertainment activities that may be associated with these issues are required to meet the standards of the or no or nose noise control ordinance and have the ability to do so I think we've covered that and questions there No lastly number sixteen financial capacity that the project will not require the installation a redevelopment of public infrastructure will not involve disturbance of the site for which completion or remediation and a related showing of financial and technical capacity would be required and the issues there all right those are a director in the in the opening paragraph after aunt in the third line and a tea room with a maximum of twenty seats very good so noted in the tea room with a maximum of twenty seats within our single family doing is this where we'd also add a 17 hours of operation that would be a condition I think that in conditional approval yes okay good good question alright findings are in the record that think we are ready for a motion I think I can do it I knew that we approve the site plan review by Claudia loud at a batsman at 42 most week tax map 27 x 12 lot 25 in the village commercial zone to convert a single-family home into a 3-wood three-room bed-and-breakfast known as the permaculture in in addition to a maximum of 20 seat tea room with three conditions number one the team can have no more than 20 seats number two with the current parking the essentially the current parking configuration cannot change enough and number three the hours of operation are limited to between 11am eastern time and 5 p.m. eastern time very good all right I can have a motion the other second back in mr. Beckett further discussion and all those in favor that is unanimous good luck oh that's meant nicely good luck it's a positive color no you know me old business there is no a new business there is none for the discussion Evan what we have on top next yes miss cherry you can have an application I look at your desks for a final plan review final subdivision review of the eight lot subdivision I'm Union Street you approve gave preliminary plan approval last month then they've submitted for final plan approval they'll be on the docket in November I believe that's the only item on the agenda okay welcome aboard you are Caitlyn hollett ain't no helmet yes got me let me do a couple further into documents so I've seen you before him yes this is avi Rue de AVI has worked here now a year our view is the town's IT guru but he was also a graduate of the University of Maine with degree in engineering has a specialization in GIS so he's helped me quite a lot and others with it with that world and he is dipping his toe into the world of professional planning so he'll be shadowing me a fair amount / in / coming months and sorry papa doing tonight other thing Kaylin Khalid is has been working here for a week today hahaha one whole weekend and she is our wonderful new administrative assistant for the office of community community development and she's quickly learning the ropes and so you'll see here see her here every ordinary good well welcome after a year well after a week all right Thank You of him last item is a German I have a motion thing about Jude that we had a motion how about you can second I there we go you can have a second all right all those in favor all right seeing them up to let it be written so let it be done you know everybody everybody don't we do it yourself out I don't know how it was actually annoying huh how's it going you didn't like moving here no I like coming here yeah I want to go to bursaries school but no they put us on the field us what was the difference yeah middle school why did they decided to put everybody in a field us you know I probably have heard why but I don't know I wasn't part of the discussions you can come in and vote now I know what vote right now at the town yeah I've already won't I don't do that but you get so you can vote now my son's first oh so we have to it's one of these and no they explode or in a heartbeat I would be voting up every year