CHINA: Planners revert to old method for reviewing conditional use applications

by Mary Grow

China Planning Board members agreed at their Nov. 28 meeting to return to their previous procedure for reviewing conditional use applications and went on to apply it. Until about a year ago, board members would usually review such applications, which are for new or expanded commercial or other non-residential uses, at one meeting and make a decision at the following meeting. That procedure gave neighbors a chance to comment and board members time to consider the comments and develop reasons for their decisions.

China’s ordinance lists 15 criteria an application must meet, dealing with effects on the environment and nearby properties. The ordinance and several court rulings require planning boards to prepare written findings of fact to substantiate their decisions on each criterion.

Recently the board has made numerous decisions in a single meeting, in the interest of avoiding delay for applicants. It has not been clear who should prepare the written findings of fact or how detailed they should be.

Members present at the Nov. 28 meeting agreed to return to the two-meeting process, with the codes officer to prepare the findings of fact after board members make decisions on the 15 criteria at the first meeting. The application before the board was from Kennebec Community Church, in Augusta, to use the former Fairpoint building on Route 3 as a satellite church. Joann Austin, who owns land on three sides of the church lot, was present and offered comments.

Pastor Dan Coleman and church member Rick Bergeron, who will be supervising renovations, said they plan few changes outside the building. Access from Route 3, parking, lighting, the well and septic system and most of the parking will not be affected. Additional handicapped parking spaces are to be designated.

The two major issues board members discussed were the septic system or systems and the plan to clear trees and vegetation between the building and Route 3 to increase visibility.

Codes Officer Paul Mitnik said the property has two septic systems; he added the capacities together to make sure the systems will accommodate the maximum number of people who could be in the building. Plans submitted showed only one system, and Bergeron was not aware of another. The issue is to be investigated.

The vegetated area toward Route 3 is at least partly a designated buffer required by China’s Phosphorus Control Ordinance, leading to multiple questions about how much clearing could be allowed and how church officials plan to maintain the buffer. Board members asked Mitnik to clarify the size of the buffer and location of retention ponds, and added a condition to the proposed permit saying any clearing would need the codes officer’s approval.

A majority of planning board members found the application met all 15 criteria. If requested information is supplied, final approval could be granted at the next board meeting, scheduled for Tuesday evening, Dec. 12.

Mitnik said there might be two commercial items on the Dec. 12 agenda, if applicants are ready: Parris and Catherine Varney’s re-application to use their barn on Neck Road for parties, and a preliminary discussion or new application for a Dollar General store on a small lot on the southwest corner of the intersection of Route 3 and Windsor Road.

The Planning Board has scheduled a site visit to the Varney property for 1 p.m. Sunday, Dec. 10. Like board meetings, site visits are open to the public, but those present should not expect board members to answer questions individually, and no decisions are to be made.

The Varneys applied initially in 2016. After several planning board meetings attended by neighbors opposed to the project, a board of appeals hearing and a court refusal to consider the merits, Planning board members intend to rehear the application from the beginning, as advised by town attorney Alton Stevens.