1 00:00:00,000 --> 00:00:29,420 Again, this is a reminder that this is also a remote meeting in teleconference using Zoom, pursuing to one MRSA, Section 403, TACA. Welcome to the Sanford Plain Board September 2nd meeting. The meeting will come to order. This is a public proceeding, unless the board specifically votes to go into executive session, you have the right to hear everything that is being said and to look at all exhibits that are offered. Please notify the chair if you are unable to hear or see something. Please know that if any planning board members have a potential conflicts of interest in which they are aware, 2 00:00:29,420 --> 00:00:31,400 They will disclose the conflict prior to the Board 3 00:00:31,400 --> 00:00:33,540 in issuing a hearing or action on an application. 4 00:00:34,280 --> 00:00:37,140 All persons speaking will be asked to state your name and address 5 00:00:37,140 --> 00:00:39,140 and then proceed at the sole discretion of the chair 6 00:00:39,140 --> 00:00:41,960 to public testimony may be limited to five minutes per speaker. 7 00:00:43,020 --> 00:00:46,020 For each item, the applicant will be asked to describe the project. 8 00:00:46,520 --> 00:00:49,420 There after the chair will ask for opponents of the project to speak 9 00:00:49,420 --> 00:00:52,420 followed by opponents and those are neither four nor against 10 00:00:52,420 --> 00:00:56,940 but who want to ask a general or ask a question or make a general comment. 11 00:00:57,400 --> 00:01:00,900 Everyone who wants will have the opportunity to speak to the board through the chair. 12 00:01:01,480 --> 00:01:07,920 Any questions must go to and through the chair who will then decide at what point to either ask staff or the applicant to respond. 13 00:01:08,620 --> 00:01:14,220 The chair may wait until after testimony has concluded to seek answers to any questions that are raised by the public or board members. 14 00:01:15,220 --> 00:01:23,900 Please note that rudeness, uncivil behavior, clapping, cheering, booing, etc will not be tolerated and if these behaviors occur the chair at his sole discretion may terminate the hearing. 15 00:01:23,900 --> 00:01:25,800 and reschedule it for another date. 16 00:01:26,120 --> 00:01:27,680 In addition, the chair at his sole discretion 17 00:01:27,680 --> 00:01:28,920 will limit repetitious comments, 18 00:01:28,920 --> 00:01:31,760 although it is entirely appropriate for an individual 19 00:01:32,440 --> 00:01:35,000 to indicate that he or she agrees with a previous speaker. 20 00:01:35,620 --> 00:01:37,060 Prior to closing the public hearing, 21 00:01:37,260 --> 00:01:39,240 the chair will ask if there are any new comments, 22 00:01:39,720 --> 00:01:41,940 then the applicant will be asked to make a single rebuttal 23 00:01:41,940 --> 00:01:44,160 in the response to the testimony which was provided. 24 00:01:45,100 --> 00:01:47,060 Once the public hearing portion of the meeting is closed, 25 00:01:47,420 --> 00:01:49,360 the chair will accept no additional public comment. 26 00:01:49,700 --> 00:01:51,760 However, a member of the board at the chair's discretion 27 00:01:51,760 --> 00:01:55,180 may ask the applicant or a member of the public to respond to a question. 28 00:01:55,800 --> 00:01:57,180 This will not reopen public comment. 29 00:01:58,160 --> 00:02:15,800 Planning board decisions are based solely on whether an applicant has provide sufficient evidence to meet the requirement of requirements of local, state and federal law, and this regard public testimony is most effective when it considers the impact of a project in light of Sanford subdivision site plan, shoreland or zoning ordinances and other relevant regulations. 30 00:02:16,620 --> 00:02:20,260 After the board discusses the merits of each project, it will vote on written findings 31 00:02:20,260 --> 00:02:25,120 of facts since the findings may substantially affect appeal rates and also as a matter 32 00:02:25,120 --> 00:02:28,980 of courtesy, the board asks that those attending the meeting not leave until the board has 33 00:02:28,980 --> 00:02:31,940 adopted the findings for the project you are interested in. 34 00:02:33,540 --> 00:02:37,700 After the planning board makes its final decision, any reconsideration by the board must be 35 00:02:37,700 --> 00:02:39,660 made at the next regularly scheduled meeting. 36 00:02:39,980 --> 00:02:44,420 If anyone wishes to appeal the board's final decision, he or she must do so within 30 days. 37 00:02:44,420 --> 00:02:52,220 The city's ordinances and comprehensive plan are available for viewing on the city's website and in the planning and development department's office at 919 Main Street. 38 00:02:52,740 --> 00:02:58,280 Remember, this is a public proceeding. You have the right to hear and see what is happening and we welcome public participation. 39 00:03:00,490 --> 00:03:07,470 All right, so for minutes, we have the minutes from August 19th, 2026. Todd was absent. Do we have a motion? 40 00:03:09,050 --> 00:03:11,430 Motion that we accept the minutes from August 19th? 41 00:03:11,430 --> 00:03:30,710 Okay. Second. Second. Second. All right. All in. Any discussion? All in favor? Five zero. One. One abstention. All right. Hearing in business. New business file 2026, tack 26, tack. ZC. Michael Kuna. 42 00:03:30,710 --> 00:03:35,350 Gay House Road, R18A-74A-4. 43 00:03:36,030 --> 00:03:37,370 Jamie, can you orient us on this? 44 00:03:39,330 --> 00:03:40,570 Yes, good evening. 45 00:03:41,090 --> 00:03:48,110 The applicant is here tonight requesting a zone and ordinance table of land use amendment 46 00:03:48,770 --> 00:03:57,830 to allow an AICS code that starts with 4931 in the AD zone. 47 00:03:57,830 --> 00:04:03,670 the AD zone is down in South Sanford essentially surrounding the airport. 48 00:04:04,650 --> 00:04:08,150 This went to site plan review a couple of weeks ago. 49 00:04:08,890 --> 00:04:16,630 In the packet is some staff comments, both from in-house as well as from Sanford Water District 50 00:04:16,630 --> 00:04:24,390 and Kenny Bunkport Wells Water District with some potential concerns due to the proximity 51 00:04:24,390 --> 00:04:30,910 of the wellhead protection zones and mapped sand and gravel aquifer down by the airport. 52 00:04:32,010 --> 00:04:37,130 For those of you that aren't familiar, KKW can report wells water district is concerned 53 00:04:37,130 --> 00:04:43,210 because their water supply comes from the branch brook and the branch brook essentially 54 00:04:43,210 --> 00:04:48,230 starts on airport grounds or very near the airport grounds so it's the headwaters of their watershed. 55 00:04:48,970 --> 00:04:54,910 They own hundreds, if not thousands, of acres of property on the other side of the airport 56 00:04:54,910 --> 00:04:59,390 heading towards Wells and Kenny Bunk to protect their watershed. 57 00:05:01,690 --> 00:05:07,190 They're generally concerned, as you know, all projects in the airport come with letters 58 00:05:07,190 --> 00:05:07,850 from them. 59 00:05:08,110 --> 00:05:15,150 So, the applicant had provided a letter originally from the water to church, actually 60 00:05:15,150 --> 00:05:21,730 both Sanford and KW. There were a little bit confused at the first request. They thought 61 00:05:21,730 --> 00:05:31,250 it was talking about A-specific use on A-specific lot. At site plan it was clarified that this 62 00:05:31,250 --> 00:05:40,410 isn't a request for A-specific use on A-specific lot. It is asking for an AICS code in the entire 63 00:05:40,410 --> 00:05:47,250 of the 80s. So once both water districts got clarification on that, we received updated 64 00:05:47,250 --> 00:05:50,970 memos from both of those agencies. Those are in your backup. 65 00:05:53,170 --> 00:05:54,550 So is the applicant here to speak? 66 00:05:57,280 --> 00:06:01,000 If you'd like to add anything additional, please feel 67 00:06:01,000 --> 00:06:02,080 free to do so at the podium. 68 00:06:05,220 --> 00:06:08,860 Can you please come up to the microphone? Just so it's on the public record. 69 00:06:11,320 --> 00:06:19,520 Well, when I fill up the application, I wasn't aware that we will be changing code for 70 00:06:19,520 --> 00:06:21,840 the all AD zoning. 71 00:06:22,800 --> 00:06:31,960 And also, I did not realize that when the code actually covers so many different industries 72 00:06:31,960 --> 00:06:37,200 that doesn't really specify the car storage, which we want to 73 00:06:37,200 --> 00:06:42,580 avail the specified storage of, you know, 74 00:06:42,840 --> 00:06:48,620 has a fuel and all the, you know, 75 00:06:49,020 --> 00:06:54,320 storage materials, which I kind of look up a little deeper 76 00:06:54,320 --> 00:06:59,180 into the code, and I guess the code will go to, like, 77 00:06:59,180 --> 00:07:04,520 Like a digit which will actually specify the car storage 78 00:07:05,620 --> 00:07:06,820 There's a code 79 00:07:08,680 --> 00:07:11,140 493190-08 80 00:07:11,900 --> 00:07:16,200 Which specified the storage of the 81 00:07:16,980 --> 00:07:18,220 Recreation vehicles 82 00:07:19,700 --> 00:07:26,180 Vehicles and abodes and you know like secure storage 83 00:07:26,180 --> 00:07:29,940 which, climate control storage, basically, 84 00:07:31,100 --> 00:07:37,420 that's what I would like to build on that specific lot. 85 00:07:37,920 --> 00:07:44,080 And I'm not asking to change the quote for the whole AD zoning. 86 00:07:44,880 --> 00:07:49,580 It will be good enough for me to change just for the particular lot. 87 00:07:51,560 --> 00:07:52,720 Awesome, thank you. 88 00:07:52,720 --> 00:07:55,240 So this was advertised as a public hearing, correct? 89 00:07:56,520 --> 00:07:58,900 So we'll hold the public hearing, and then the board will 90 00:07:58,900 --> 00:08:01,840 deliberate if we have any questions we will ask you. 91 00:08:02,900 --> 00:08:03,000 All right? 92 00:08:03,440 --> 00:08:03,660 Okay. 93 00:08:04,680 --> 00:08:05,560 All right. 94 00:08:05,680 --> 00:08:07,940 With that, I will declare the public hearing open. 95 00:08:08,380 --> 00:08:10,500 Is there anyone who would like to speak in favor of this 96 00:08:10,500 --> 00:08:10,860 project? 97 00:08:11,240 --> 00:08:12,380 Either here or on Zoom. 98 00:08:13,420 --> 00:08:13,780 All right. 99 00:08:14,320 --> 00:08:14,680 On Zoom? 100 00:08:28,460 --> 00:08:29,260 So sorry. 101 00:08:29,560 --> 00:08:30,020 Thank you. 102 00:08:31,060 --> 00:08:34,860 Hi, it's Mary Hastings from the Sanford Group Council. 103 00:08:34,860 --> 00:08:38,780 So we've been helping Mr. Kuna get through his application. 104 00:08:39,900 --> 00:08:46,300 It just as a whole series of events, we've been done this for a long time. 105 00:08:47,260 --> 00:08:56,460 When he first applied to the to codes, he just applied for his warehouse, the piece of 106 00:08:56,460 --> 00:08:57,700 property he wants to buy in the airport. 107 00:08:59,280 --> 00:09:04,120 And he did go to the water departments, both of them, and they both said what he wanted 108 00:09:04,120 --> 00:09:11,160 to do was absolutely fine. The problem was is it's not zoned for that. So then of course 109 00:09:11,160 --> 00:09:16,860 code said, well you could do a zone change and here we are. So trying to find a code 110 00:09:16,860 --> 00:09:25,060 just for warehousing of vehicles is not existent. So all the codes that we have looked at have 111 00:09:25,060 --> 00:09:28,080 of a multitude of things that you can do. 112 00:09:30,620 --> 00:09:34,580 So I understand that our ordinance is on NAICS codes. 113 00:09:34,920 --> 00:09:36,340 That's what we have to work with 114 00:09:36,340 --> 00:09:37,300 because that's what we have to do. 115 00:09:37,500 --> 00:09:43,140 I understand that the NAICS code is not the 202 NAICS code 116 00:09:43,140 --> 00:09:46,280 that work under, I understand that. 117 00:09:47,460 --> 00:09:51,140 I am trying to say is there some way that we can do this 118 00:09:51,140 --> 00:10:00,200 by descriptions, so if the water departments didn't have any problem with warehousing, but 119 00:10:00,200 --> 00:10:08,320 they have a problem with the bulk petroleum storage of this NAICS code, why is there a way 120 00:10:08,320 --> 00:10:16,980 that the planning board could allow Ms. Takuna to go ahead with the zone change and just 121 00:10:18,100 --> 00:10:28,500 by description or by exclusion, exclude petroleum warehousing, which is in that next code. 122 00:10:29,420 --> 00:10:37,040 There's no way to separate them. So that would be what I would ask if you can look at that. 123 00:10:37,840 --> 00:10:42,660 We do have other, if you look at our land use code, we do have other things in there that say, 124 00:10:42,660 --> 00:10:49,960 All permitted except this all permitted except that so we it's you know, it's not like we have never done that before 125 00:10:52,100 --> 00:10:54,220 Thank you awesome. Thank you 126 00:10:54,220 --> 00:10:57,660 Is there anyone else who would like to speak in favor of this project? 127 00:10:59,880 --> 00:11:04,820 Is there anyone who would like to speak in opposition for this project either here or on zoom? 128 00:11:06,750 --> 00:11:12,390 Is there anyone who would like to ask a question or make a general comment either here or on zoom? 129 00:11:13,750 --> 00:11:16,130 All right, I declare the public hearing closed 130 00:11:18,510 --> 00:11:20,790 Is there anything staff would like to add? 131 00:11:21,710 --> 00:11:27,650 So in the packet is a letter from Alex representing code enforcement. 132 00:11:28,750 --> 00:11:34,810 She brought up a couple of key points in that we're in the middle of a comprehensive 133 00:11:34,810 --> 00:11:35,570 plan update. 134 00:11:36,010 --> 00:11:40,950 Typically speaking, zone changes request should be very limited in the middle of a comprehensive 135 00:11:40,950 --> 00:11:47,230 plan update because coming out of the comprehensive plan will be future land use tables and future 136 00:11:47,230 --> 00:11:52,150 land use maps and auditory rights that correlate to those. 137 00:11:52,830 --> 00:11:56,010 So I'm going to make that generic statement that we've been telling people for the last 138 00:11:56,010 --> 00:12:01,710 year or so that some amendment should be limited at best. 139 00:12:02,790 --> 00:12:08,330 Added to that, as part of the comprehensive plan update process, we did an economic market 140 00:12:08,330 --> 00:12:09,150 analysis. 141 00:12:10,130 --> 00:12:17,010 That market analysis essentially said that one area of opportunity for the city of Sanford 142 00:12:17,010 --> 00:12:23,530 is our industrial zone land, and we are posed for industrial development because a lot 143 00:12:23,530 --> 00:12:29,850 of our surrounding communities in southern Maine and New England in general, don't have 144 00:12:29,850 --> 00:12:35,570 a lot of available industrial zone land, and not only do we need to preserve our industrial 145 00:12:35,570 --> 00:12:42,210 zone land, we should seriously consider updating and adding more properties on industrial. 146 00:12:43,050 --> 00:12:52,190 The table of land use is take those industrial uses into an account for the A.D. zone and the IB zone, which is that area down in South Sanford. 147 00:12:53,930 --> 00:13:05,410 Car storage isn't necessarily an industrial use, although I will say it hasn't allowed use in the IB zone, which is on the other side of 109 in that area. 148 00:13:05,410 --> 00:13:12,590 So car storage would be an allowed use 500 feet from or a thousand feet from this lot per 149 00:13:12,590 --> 00:13:12,790 say. 150 00:13:14,950 --> 00:13:16,050 You add into it. 151 00:13:16,630 --> 00:13:23,150 So Mary said that the table of land uses have areas where it says this number accept. 152 00:13:23,590 --> 00:13:33,350 Generically speaking, when it says that, it's not accepting a specific use within a code. 153 00:13:33,350 --> 00:13:39,900 It's saying that for instance 49 I lost the number. 154 00:13:41,440 --> 00:13:50,440 It would say 4931 is allowed with the exception of maybe 493160. 155 00:13:51,440 --> 00:14:01,040 So it's not, it's not exempt in a specific use, it's except in one of the two-digit add-on 156 00:14:01,040 --> 00:14:10,740 code to the 4931 is just warehousing in ICS. The last two digits essentially break down warehousing 157 00:14:10,740 --> 00:14:20,020 more specifically. As Mary said, that code doesn't break it down 100% specific. It gives examples 158 00:14:20,020 --> 00:14:27,540 like automobile dead storage, bonded warehousing except for farm products, bulk petroleum storage, 159 00:14:27,540 --> 00:14:33,500 storage, document storage and warehouse and lumber storage, private warehouse and storage 160 00:14:33,500 --> 00:14:40,380 except for farm products, public warehouse and storage except for farm products, warehouse 161 00:14:40,380 --> 00:14:43,700 and except for farm products, and whiskey warehousing. 162 00:14:44,220 --> 00:14:51,580 So essentially, it's all the warehouse and uses that aren't specified in a different section 163 00:14:51,580 --> 00:14:53,420 of 4931. 164 00:14:53,420 --> 00:14:59,960 one. So while the water districts have voice concerns for up 165 00:15:00,000 --> 00:15:29,980 About patrol and storage, there might be other uses, not even listed that I just read, that fall under this category, because essentially what that says is any warehouse and activity that doesn't isn't specified in any ICS in a different number falls under this category. So it's not saying we're allowing automobile storage on his lot or any lot in the AD zone. It would be saying we allow other warehouse 166 00:15:29,980 --> 00:15:40,460 in the 80s. If he wanted to, he could apply for a contract zone, contract zone is specific 167 00:15:40,460 --> 00:15:47,420 to a lot and specific to the uses. So if, I mean, you guys is rolling here is to give 168 00:15:47,420 --> 00:15:52,740 a recommendation or not a recommendation for City Council to approve it. City Council 169 00:15:52,740 --> 00:15:58,860 is who makes the official determination on a zone change. So if City Council isn't countable 170 00:15:59,720 --> 00:16:04,720 grant them this, an option would be for Mr. Kuhner to reapply as a contract zone. 171 00:16:05,200 --> 00:16:09,620 And the contract zone is a specific zone for that parcel and only that parcel. 172 00:16:10,180 --> 00:16:16,380 The contract could then be specific to say really whatever Mr. Kuhner and city management, 173 00:16:17,280 --> 00:16:20,340 city council agree on for verbiage. 174 00:16:21,400 --> 00:16:31,100 So the water districts, both voice concerns about it being in the whole AD zone because there 175 00:16:31,100 --> 00:16:37,860 are other sections of the AD zone that are much closer to their actual source than this 176 00:16:37,860 --> 00:16:38,020 law. 177 00:16:38,140 --> 00:16:43,260 This source is within their well head area, but it's not super close, but there are other 178 00:16:43,260 --> 00:16:46,340 lots in the AD zone that are much closer. 179 00:16:46,340 --> 00:16:49,980 And again, this approval isn't for one specific map, 180 00:16:50,000 --> 00:16:50,500 a lot number. 181 00:16:50,880 --> 00:16:52,560 It's for the entire AD zone. 182 00:16:55,640 --> 00:17:00,760 So we covered comprehensive plan, we covered the generic, 183 00:17:01,260 --> 00:17:04,720 any ICS, I'll just make a generic comment. 184 00:17:05,220 --> 00:17:09,560 City of Sanford is one of, I'm going to say, a few at best. 185 00:17:10,160 --> 00:17:14,220 Minus palies that used any ICS as a zoning tool. 186 00:17:14,740 --> 00:17:17,780 Any ICS was never intended to be a zoning tool. 187 00:17:18,260 --> 00:17:22,180 It was intended to be a business classification for tax purposes. 188 00:17:23,040 --> 00:17:24,300 All of us file taxes. 189 00:17:25,140 --> 00:17:27,660 Anybody that has ever done like a sole proprietorship or 190 00:17:28,220 --> 00:17:32,360 DBA or something, on your taxes you have to put a six digit code of your use. 191 00:17:32,760 --> 00:17:36,060 That is what this manual is for, is to determine that six digit code. 192 00:17:36,500 --> 00:17:38,140 It is not a land use thing. 193 00:17:38,140 --> 00:17:47,020 In Sanford, two previous planners found this document and at the time we were struggling 194 00:17:47,020 --> 00:17:52,920 with, in a table of land uses, if a use isn't listed, it's not allowed. 195 00:17:54,160 --> 00:18:00,660 And say our ordinance was written 25 years ago, there are uses that didn't exist before 196 00:18:00,660 --> 00:18:05,480 that exist now and because they're not shown on a table of land uses, that automatically 197 00:18:05,480 --> 00:18:06,480 says it's not allowed. 198 00:18:06,480 --> 00:18:12,240 So, Jim Galnet, great planner, I worked with him my first ten years or so here. 199 00:18:13,360 --> 00:18:19,480 He came up with the idea of use in this classification system in a table of land uses to bridge 200 00:18:19,480 --> 00:18:25,400 that gap of the uses that are standard that every municipality has in a table of land 201 00:18:25,400 --> 00:18:25,760 uses. 202 00:18:26,920 --> 00:18:32,200 This was a tool that was specific, but generic enough where we could potentially regulate 203 00:18:32,200 --> 00:18:36,380 some of the newer uses that weren't accounted for before. 204 00:18:37,700 --> 00:18:40,780 It's a good tool in that it does just that. 205 00:18:41,140 --> 00:18:47,260 But in cases like this, the generacy of it actually works against in this case, 206 00:18:47,420 --> 00:18:50,880 Mr. Corner, because he's looking for a specific use. 207 00:18:51,440 --> 00:18:57,220 Any ICS doesn't have a code for that specific use, so we have to go to other warehousing, 208 00:18:57,220 --> 00:19:01,720 which does include uses that are problematic for the water districts. 209 00:19:02,800 --> 00:19:10,980 Jamie, can I just ask for clarification on the application that used the 4-digit code in the agenda, it had a 6-digit code on here. 210 00:19:12,040 --> 00:19:25,960 So the agenda was a mistake, this request is to put the 2002 NAICS code number 4931, that was the official request from Mr. Kuhner. 211 00:19:28,600 --> 00:19:30,080 is there any other staff 212 00:19:30,080 --> 00:19:33,080 comments? All right, open up to 213 00:19:33,080 --> 00:19:33,820 the board for discussion. 214 00:19:34,760 --> 00:19:39,360 Didn't Allison from the airport 215 00:19:39,360 --> 00:19:42,300 say that this use on airport 216 00:19:42,300 --> 00:19:43,820 property would not be allowed? 217 00:19:44,640 --> 00:19:46,620 Correct. She was present at site 218 00:19:46,620 --> 00:19:49,620 plan and she endorsed the use. 219 00:19:50,480 --> 00:19:53,340 So I asked the question of okay, 220 00:19:53,340 --> 00:19:59,420 the entire airport is a D zone so you're saying that you're okay with people 221 00:19:59,420 --> 00:20:04,120 storing automobiles on the airport and her response was no that's not allowed. 222 00:20:04,740 --> 00:20:10,980 I think that's FAA right? Correct. So if on the airport say you have a 223 00:20:10,980 --> 00:20:15,880 personal vehicle and you drive your personal vehicle to the airport to take 224 00:20:15,880 --> 00:20:21,960 your plane to Vegas. You're allowed to bring your personal vehicle store at 225 00:20:21,960 --> 00:20:23,340 they are when you have your plane, 226 00:20:23,980 --> 00:20:26,940 and then you land, you park the plane, you drive off. 227 00:20:27,220 --> 00:20:30,300 So that's an allowed use within the airport grounds, 228 00:20:30,460 --> 00:20:33,640 but other than essentially to get to your plane 229 00:20:34,060 --> 00:20:36,960 and from your plane, automobile storage 230 00:20:36,960 --> 00:20:39,140 would not be allowed within the fence. 231 00:20:39,980 --> 00:20:42,380 So in our ordinance, we have AD zone, 232 00:20:42,760 --> 00:20:47,140 and then it breaks it up into sub-district and support district. 233 00:20:47,920 --> 00:20:50,760 So within the fence is defined as the district, 234 00:20:50,760 --> 00:20:56,260 And then outside of the fence, all of the AD zone property outside of the fence is the support sub-district. 235 00:20:58,240 --> 00:21:06,400 So essentially what Alison is saying is she would be okay with it outside of the fence line, but it wouldn't be allowed within the fence line. 236 00:21:06,840 --> 00:21:10,020 The property that Mr. Corner is required about is outside of the fence. 237 00:21:12,590 --> 00:21:19,830 Does it currently break up inside the fence, outside the fence, uses like lumber yards, for example, are allowed. 238 00:21:20,210 --> 00:21:22,550 Does it specify that it has to be outside the fence? 239 00:21:23,810 --> 00:21:27,910 the request was to simply allow this code in the AD zone. 240 00:21:28,190 --> 00:21:34,770 No, I'm just saying for other uses, does it specify which ones can be in one sub-district or the other? 241 00:21:36,030 --> 00:21:37,030 Please hold it. 242 00:21:47,070 --> 00:21:48,750 Well, he's looking that up. Any other discussions? 243 00:21:55,480 --> 00:22:06,480 It was, when I was reading through all the comments, it was not just storing that I read by servicing the vehicles and painting the vehicles. 244 00:22:07,040 --> 00:22:12,500 and so I want to make sure that we're talking about what the usage actually is going to be within the building. 245 00:22:14,240 --> 00:22:24,440 And the whole, the request for the entire zone, that's a, not, anyway, I don't, that's something that has to be resolved. 246 00:22:26,400 --> 00:22:28,140 Ben, could you pull up my screen, please? 247 00:22:30,630 --> 00:22:36,110 So here's the AD zone in Chapter 280, and I'll just start with the purpose. 248 00:22:36,110 --> 00:22:41,350 The purpose of the A.D. zone is to promote the smooth and efficient functioning of the airport. 249 00:22:41,770 --> 00:22:44,890 This zone includes the Sanford Seacos Regional Airport, 250 00:22:45,390 --> 00:22:51,150 adjacent clear zones, and nearby properties with potential for providing support services to the airport. 251 00:22:51,830 --> 00:22:57,490 All land use and development in this zone shall comply with all applicable federal, state, and local laws, 252 00:22:58,050 --> 00:23:03,110 including without limitation, FAA rules and regulations, main DEP rules and regulations and 253 00:23:03,110 --> 00:23:03,870 importantly, agreements. 254 00:23:04,350 --> 00:23:06,970 All land use and development within 80 June, 255 00:23:07,270 --> 00:23:08,850 so I'll be compatible with the goals 256 00:23:08,850 --> 00:23:10,750 and the judges of the comprehensive plan, 257 00:23:11,170 --> 00:23:12,810 as may be amended from time to time. 258 00:23:13,030 --> 00:23:15,610 The ultimate airport layout plan, as amended, 259 00:23:15,910 --> 00:23:17,190 from time to time. 260 00:23:17,810 --> 00:23:20,690 And then the next line is where it defines 261 00:23:20,690 --> 00:23:24,730 the AD airport sub district and support sub district, 262 00:23:24,770 --> 00:23:28,210 again, area within the fence for airport sub district, 263 00:23:28,630 --> 00:23:32,350 all the land area located in the E-don outside of the fence 264 00:23:32,350 --> 00:23:34,410 is AD support, some district. 265 00:23:35,810 --> 00:23:41,010 When it gets into uses, it doesn't really specify here, 266 00:23:41,110 --> 00:23:44,970 except it says, a use that is not designated as a use permitted 267 00:23:44,970 --> 00:23:47,490 is deemed to be prohibited use in the AD zone. 268 00:23:48,610 --> 00:23:52,230 Which means we then go to the table of land uses to determine 269 00:23:52,730 --> 00:23:56,050 what uses are allowed. The table of land uses does not specify 270 00:23:56,050 --> 00:23:59,390 within the fence or outside of the fence, it just says overall 271 00:23:59,390 --> 00:24:00,930 Oh, what uses are allowed in the zone? 272 00:24:01,870 --> 00:24:09,030 Yep, but, okay, so I'll go back to Todd's comments. 273 00:24:13,270 --> 00:24:16,050 I just want, before we start talking about the land use table 274 00:24:16,050 --> 00:24:18,770 in a loud uses, this is just for vehicle storage. 275 00:24:18,770 --> 00:24:22,310 This isn't for painting or repair of auto reveals 276 00:24:22,310 --> 00:24:25,130 because those we prohibited due to the well head protection 277 00:24:25,130 --> 00:24:29,330 or the, so when Mr. Koenner first started the conversation, 278 00:24:29,330 --> 00:24:33,130 He said that he might do minor repair or service work. 279 00:24:33,510 --> 00:24:38,790 He has since revised his comments to say, that's not what I'm intended anymore. 280 00:24:39,010 --> 00:24:40,690 I want to just store vehicles. 281 00:24:43,110 --> 00:24:49,370 Because if I recall in similar protections, we did not allow a transmission job. 282 00:24:49,970 --> 00:24:54,530 Right, right, due to issues of the water, right. 283 00:24:55,930 --> 00:25:02,950 So, yes, state statute actually prohibits automobile service in wellhead protection zones. 284 00:25:03,430 --> 00:25:05,950 That's why the transmission shop was not allowed. 285 00:25:06,310 --> 00:25:07,690 And this is a wellhead protection zone. 286 00:25:07,950 --> 00:25:08,110 Correct. 287 00:25:08,790 --> 00:25:14,270 So, even if he wanted to, we couldn't even permit it. 288 00:25:14,730 --> 00:25:14,850 Correct. 289 00:25:17,190 --> 00:25:17,790 It is verified. 290 00:25:18,750 --> 00:25:20,750 So, we're talking about petroleum storage, correct? 291 00:25:21,610 --> 00:25:24,190 So, we are talking not about automobile storage. 292 00:25:24,190 --> 00:25:34,730 not about automobile service repair, we're talking about any ICS code that starts with 4931 and all of the uses that are allowed under that code. 293 00:25:35,050 --> 00:25:35,870 That's what we're talking about. 294 00:25:36,170 --> 00:25:38,270 What's he proposing? That's what I'm getting at. 295 00:25:38,390 --> 00:25:46,810 It doesn't matter what he's proposing. The zone request is to allow code 4931 as written in the AD zone. 296 00:25:47,550 --> 00:25:49,850 We're not talking about his use right now. 297 00:25:49,990 --> 00:25:54,250 The request is to allow 4931 in the AED zone. 298 00:25:54,990 --> 00:25:56,010 His use is irrelevant. 299 00:25:56,630 --> 00:25:58,410 The only option is a contract zone. 300 00:25:58,710 --> 00:26:00,230 Yeah, I think that's- 301 00:26:00,230 --> 00:26:04,830 Yeah, I have concerns about that. 302 00:26:04,930 --> 00:26:07,230 I mean, given that we're still working on a comprehensive plan, 303 00:26:08,210 --> 00:26:11,350 I'm not sure this is the right time to be having this discussion honestly. 304 00:26:12,470 --> 00:26:16,150 I'm not too concerned about the comp plans going on. 305 00:26:16,510 --> 00:26:19,370 It's been going on for years, it shouldn't hold up everyone. 306 00:26:20,950 --> 00:26:32,570 I would say it's a risk that you make a change, and then before a permit is pulled, it gets overridden when the comp plan changes the land use table yet again, but that's a risk of the applicant. 307 00:26:35,570 --> 00:26:42,050 I don't find warehouse using to be incompatible with the AD zone. 308 00:26:42,050 --> 00:26:52,230 If you don't mind scrolling down at some of the uses specifically like industrial and commercial. 309 00:26:57,600 --> 00:27:05,480 So government and nonprofit outdoor recreation, essential service, public utility, solar energy system, 310 00:27:07,500 --> 00:27:08,540 utilities, 311 00:27:08,540 --> 00:27:13,760 these excavated and general contractor health 312 00:27:16,410 --> 00:27:17,470 service facility, 313 00:27:18,270 --> 00:27:21,130 motel, hotel, bed and breakfast, 314 00:27:23,090 --> 00:27:24,610 marijuana production facility, 315 00:27:27,780 --> 00:27:31,100 motor vehicle service repair sales facility, small scale, 316 00:27:33,400 --> 00:27:35,900 all permitted except in the well head protection zone. 317 00:27:36,060 --> 00:27:39,020 So if any of those lots are outside of the well head protection zone, 318 00:27:39,220 --> 00:27:42,100 it would allow small scale motor vehicle sales and service. 319 00:27:42,100 --> 00:27:48,040 I'm not aware of any of the 80's own loss that are outside the well head protection, but there might be one. 320 00:27:50,220 --> 00:27:52,120 Office of mental health practitioner. 321 00:27:54,420 --> 00:27:59,840 I just, a question, is office mental health practitioner in support of the report? 322 00:28:03,040 --> 00:28:05,300 I guess that would be up for debate. 323 00:28:06,040 --> 00:28:10,020 Typically, health service things are around airports. 324 00:28:11,780 --> 00:28:19,460 It's debatable whether you have to have a mental health practitioner on airport ramps. 325 00:28:21,140 --> 00:28:27,540 So I just, the zone gets a little confusing for me because it says one thing and then 326 00:28:27,540 --> 00:28:28,920 you see power sports sales. 327 00:28:30,020 --> 00:28:34,160 You see excavation storage, of course, excavation companies. 328 00:28:34,160 --> 00:28:45,660 So I struggle with what is would be considered consistent or inconsistent with the conference 329 00:28:45,660 --> 00:28:49,460 of plan as it relates to the airport development district. 330 00:28:51,200 --> 00:28:58,060 So because there is all of these inconsistencies, I believe lumber yards is permitted in the 331 00:28:58,060 --> 00:29:01,160 80's zone because we do have a lumber yard in the 80's zone, correct? 332 00:29:01,160 --> 00:29:05,240 like that property is in the urban zone, urban zone? 333 00:29:05,880 --> 00:29:06,740 Is it allowed? 334 00:29:07,700 --> 00:29:09,720 Is lumber yards allowed in AD? 335 00:29:12,100 --> 00:29:14,240 Let me look up to any ice code, just one second. 336 00:29:15,720 --> 00:29:18,820 Actually, I looked that up already for another use. 337 00:29:19,840 --> 00:29:22,680 Lumber storage is not allowed, 338 00:29:23,180 --> 00:29:26,320 but if it was like a hardware retail store, 339 00:29:26,660 --> 00:29:27,360 that would be allowed. 340 00:29:28,360 --> 00:29:28,460 Yeah. 341 00:29:29,180 --> 00:29:34,920 So, I love this, what I'm getting at is it's very hard to rule on consistency, inconsistency. 342 00:29:36,080 --> 00:29:43,380 I do know that the conference of plans speaks very strongly about branch protection for 343 00:29:43,380 --> 00:29:44,280 Cape on water. 344 00:29:47,660 --> 00:29:49,200 So that one's more clear cut to me. 345 00:29:52,440 --> 00:29:55,640 Well, if we're not discussing the allowed use and we're not discussing anything else 346 00:29:55,640 --> 00:29:59,960 other than the NAI, this change that he's requesting, which is affecting the... 347 00:30:00,000 --> 00:30:19,620 Okay, all right. We've got a commission to go and identify its own. Given that both water companies are opposed to this, I can't support it. It just doesn't make sense. Given that we have another, we do have an ongoing discussion about zoning and that discussion is not complete. I mean, I think if the city wants to grant a contract zone that's up to them. And I don't think this is the right time to be having that discussion. 348 00:30:23,440 --> 00:30:26,300 I can't speak for the water districts, the memos are in 349 00:30:26,300 --> 00:30:32,920 the packet. I don't think the water districts are comfortable with without specifying an 350 00:30:32,920 --> 00:30:38,180 exact use. Both water districts, when they thought they were talking about one lot with one use 351 00:30:38,180 --> 00:30:46,040 with limitations applied, they seem to have a small amount of comfort with that. Both the letters to 352 00:30:46,040 --> 00:30:54,220 me are very clear that asking for a code in the entire zone, it's clear to me otherwise that they 353 00:30:54,220 --> 00:30:55,720 They were not accepted of that. 354 00:30:56,820 --> 00:31:03,600 So I can't speak for them if they was to come back with a contract zone request, if 355 00:31:03,600 --> 00:31:05,540 they would send a letter of support. 356 00:31:06,060 --> 00:31:11,900 But I can say that prior to them realizing we were talking about an entire code for an 357 00:31:11,900 --> 00:31:17,060 entire zone, they both provided letters saying that with specific protections put in place, 358 00:31:18,410 --> 00:31:20,120 they would potentially support it. 359 00:31:20,120 --> 00:31:40,720 I had had conversations with KKW Supervisor Form and I don't know it's official title director I think but he had mentioned that they were going to do deed restrictions on the property so that it was very, very clear what uses were allowed on that property. 360 00:31:41,720 --> 00:31:45,460 Again, as soon as I said, we would have to do a de-restrictions on every property in 361 00:31:45,940 --> 00:31:46,520 the AD zone. 362 00:31:46,520 --> 00:31:47,760 He's like, well, what are you talking about? 363 00:31:47,800 --> 00:31:49,640 We're talking about the lot of Mr. Codawats. 364 00:31:50,820 --> 00:31:57,700 So again, I don't think either Wads' district has any comfort in an AD zone-wide request. 365 00:32:00,100 --> 00:32:06,220 Well, the Water Department and even Allison from the airport, they were all in favor of 366 00:32:06,220 --> 00:32:11,700 this until they realize that this change would affect every property in the A.D. zone. 367 00:32:12,320 --> 00:32:13,800 I would agree with that analogy. 368 00:32:14,620 --> 00:32:22,020 Well, I don't really find Allison's disagreement helpful when I look at this list like is a finance 369 00:32:22,020 --> 00:32:23,940 and insurance property allowed on the airport? 370 00:32:24,120 --> 00:32:27,540 It's a professional scientific technical services allowed on the airport. 371 00:32:27,740 --> 00:32:35,240 They're allowed in the A.D. zone, you know, so I don't see that argument very strong because 372 00:32:35,240 --> 00:32:39,780 Because as all of these uses, I mean, I doubt they have an education services, maybe except flight school. 373 00:32:40,560 --> 00:32:45,680 But they certainly aren't allowing a regular school, even if it's allowed outside the fence. 374 00:32:48,300 --> 00:33:04,080 So what I'm struggling with, so state law, when it comes to vehicle auto repair, is it that specific as into the use that state laws prohibiting or would state law also prohibit petroleum storage in a well-hit protection zone. 375 00:33:06,640 --> 00:33:15,440 It is not that specific, it's pretty much, we use the transmission shop because that was 376 00:33:15,440 --> 00:33:17,200 an example that was live. 377 00:33:18,520 --> 00:33:24,940 It's really, any hazardous material, it could be a transmission shop, could be a bulk 378 00:33:25,420 --> 00:33:29,220 diesel fuel storage, could be a bulk ammonia plant. 379 00:33:29,620 --> 00:33:34,800 It's really any liquid that has the possibility of permeating the ground isn't allowed in 380 00:33:34,800 --> 00:33:41,780 well-head protection zones. So then we keep talking like with the zone change, the 381 00:33:41,780 --> 00:33:48,480 fear is the petroleum storage. If it's not allowed anyways because of the well-head protection 382 00:33:48,480 --> 00:33:55,660 zone, that seems like a non-issue. And again, I said I'm not 100% positive. Every lot 383 00:33:55,660 --> 00:34:01,820 is, every AD zone lot is in a well-head protection. We have two different well-heads that combine. 384 00:34:01,820 --> 00:34:09,200 there might be some of these lots that are just outside of it so I don't I don't 385 00:34:09,200 --> 00:34:13,860 want to say it might or might not be allowed. 386 00:34:16,200 --> 00:34:18,060 It sounds like this code system is 387 00:34:18,060 --> 00:34:21,180 that fault maybe we shouldn't be using it. That's what I'm getting out of this 388 00:34:21,180 --> 00:34:21,620 discussion. 389 00:34:24,020 --> 00:34:28,120 Again my interpretation of the letters from the water districts were 390 00:34:28,120 --> 00:34:34,260 if the applicant came forward with a specific request for a specific lot they 391 00:34:34,260 --> 00:34:36,660 They might have comfort and would support this. 392 00:34:37,280 --> 00:34:39,740 Other than that, I don't believe they have comfort. 393 00:34:40,140 --> 00:34:42,140 But we don't have the authority to make that decision here. 394 00:34:42,860 --> 00:34:44,960 City Council's who grants ordinance amendments. 395 00:34:45,280 --> 00:34:52,780 So, you guys' responsibility is to either recommend the council approve it or not recommend the council approve it. 396 00:34:52,880 --> 00:34:55,440 That is the plan and board responsibility in a zone change. 397 00:34:56,440 --> 00:35:03,980 The city council is ultimately who takes all of the information provided and make a determination whether that zone change is appropriate for Sanford. 398 00:35:07,420 --> 00:35:19,120 I'm not going to say that if you guys say it should be approved, that 100% of the time they agree with you, I'm not going to say that if you guys say it shouldn't be approved, I'm not going to say that they have to agree with that either. 399 00:35:20,560 --> 00:35:23,080 Your advisory to the City Council in this case. 400 00:35:24,680 --> 00:35:30,520 Just like I'm advisory to you guys here, I am also advisory to the City Council when they ask me questions. 401 00:35:32,970 --> 00:35:43,110 And so all I'm trying to get down to is when we give an opinion, you know, whether we determine that this change is consistent with the comprehensive plan or inconsistent opinion is aside. 402 00:35:43,970 --> 00:35:50,650 And I'm struggling with that because I'm really struggling with that. 403 00:35:50,650 --> 00:35:50,650 So, 404 00:35:53,020 --> 00:36:02,160 a lot of the uses from industrial business are, they also are allowed in AD. 405 00:36:04,920 --> 00:36:14,860 And so, if we find that this is inconsistent, and then we get a contract zone request. 406 00:36:15,820 --> 00:36:17,780 How can we not find that inconsistent, too? 407 00:36:17,780 --> 00:36:24,140 Well, because it specifies that one particular property that they can do whatever he's 408 00:36:24,140 --> 00:36:24,740 proposing. 409 00:36:25,540 --> 00:36:28,500 And it's one specific use, one specific property. 410 00:36:28,880 --> 00:36:33,340 So it doesn't affect any other property in the AED zone with a contract zone. 411 00:36:33,700 --> 00:36:36,320 I'm much more comfortable with a contract zone here. 412 00:36:37,140 --> 00:36:38,160 I am, too. 413 00:36:38,780 --> 00:36:43,540 I have, you know, I know that you all sound like you're comfortable with it. 414 00:36:43,540 --> 00:36:47,680 But I'm only concerned about setting a precedent for more contract zone changes. 415 00:36:48,280 --> 00:36:52,020 Even though it's not a comprehensive change to the code. 416 00:36:52,360 --> 00:36:57,340 If you give one contract zone, then why wouldn't five other people ask for the same contract zone? 417 00:36:57,340 --> 00:37:01,900 And next, you know, now the water district has the same problem because we've set a precedent. 418 00:37:02,220 --> 00:37:03,780 And that's just a what if, but. 419 00:37:03,820 --> 00:37:07,600 Well, that's why we leave that to our friends on the City Council to deal with. 420 00:37:07,660 --> 00:37:10,900 I mean, didn't Walmart ask for a contract zone when they came in? 421 00:37:10,900 --> 00:37:13,080 I mean, Wal-Mart lows is a contract zone. 422 00:37:14,260 --> 00:37:17,000 And just to remind our comprehensive plan, 423 00:37:19,100 --> 00:37:22,240 the contract zone requirement say it has to be consistent 424 00:37:22,240 --> 00:37:24,960 with the comprehensive plan so that it's not just 425 00:37:24,960 --> 00:37:26,700 anybody that lasts for a contract zone gets it. 426 00:37:26,740 --> 00:37:29,320 There still are prerequisites that have to be met 427 00:37:29,320 --> 00:37:30,480 in order to get a contract. 428 00:37:31,260 --> 00:37:34,340 But yes, the city of Sanford has utilized contract zones 429 00:37:34,340 --> 00:37:35,060 in the past. 430 00:37:36,180 --> 00:37:38,120 I'm sure we'll utilize them in the future. 431 00:37:38,120 --> 00:37:43,260 In the state of Maine, what's called spot zone is illegal. 432 00:37:43,740 --> 00:37:58,540 Spot zone is essentially when we create a zone for a lot or two or three that isn't consistent with ordinance requirements. 433 00:37:59,260 --> 00:38:06,840 So the state has authorized municipalities to do a contract, which is still consistent with the comp plan. 434 00:38:06,840 --> 00:38:14,920 still consistent with most parts of the ordinance but provides relief in limited basis requirements 435 00:38:14,920 --> 00:38:24,400 that still meet all the other requirements. Typically a contract zone is for a use that 436 00:38:24,400 --> 00:38:31,360 is new and not common that we didn't think about or when the zone and happen 15, 20 years 437 00:38:31,360 --> 00:38:35,800 years ago, let's say that area was our boom in industry. 438 00:38:36,760 --> 00:38:42,880 We didn't want retail, we wanted to preserve the industry access for tractor trailers 439 00:38:42,880 --> 00:38:45,520 and not have to worry about pedestrian safety and all that. 440 00:38:46,040 --> 00:38:51,640 Industry goes away, we have a lot of giant lots that are the operated buildings on them. 441 00:38:52,200 --> 00:38:56,920 Now our use is coming in and saying, okay, we want to take the lots that front on Main Street 442 00:38:56,920 --> 00:39:02,440 and make the retail instead of industry like Siro and all of those. 443 00:39:03,560 --> 00:39:04,120 Sprague, 444 00:39:06,170 --> 00:39:10,910 it was deemed at the time that the Wal-Mart Loes contract zone was consistent 445 00:39:10,910 --> 00:39:13,350 with the comp plan and granted. 446 00:39:15,550 --> 00:39:19,090 Do we discuss how many vehicles can be stored? 447 00:39:19,750 --> 00:39:21,370 You can, you can, for the contract zone. 448 00:39:21,690 --> 00:39:24,890 For the contract zone, you can discuss anything and everything. 449 00:39:25,210 --> 00:39:28,890 For this request, again, the request, I'm sorry to keep repeating. 450 00:39:28,890 --> 00:39:36,650 I know you, I get it, for this request it's different, it's yes or no, and then the 451 00:39:36,650 --> 00:39:38,030 contract zone is a whole other conversation. 452 00:39:38,270 --> 00:39:39,050 Correct, I get that. 453 00:39:39,290 --> 00:39:44,710 A contract zone is a, it's a zone written specifically for one property. 454 00:39:44,770 --> 00:39:51,750 Right, so the council could say, okay, we're going to allow Mr. Cooner to store 10 vehicles 455 00:39:51,750 --> 00:39:58,030 as long as he paints the belt-in-half-pink, half purple, and he contributes $6.5 million 456 00:39:58,030 --> 00:40:03,830 dollars a year towards ambulance service in Sanford. And he would then agree or 457 00:40:03,830 --> 00:40:08,890 disagree to that. Obviously I I threw out exaggerated it on purpose so that 458 00:40:08,890 --> 00:40:14,810 nobody's thinking I'm suggesting any of this. But like we did a contract zone 459 00:40:14,810 --> 00:40:21,930 20 years ago on Patriots place for condos and at the time when that was approved 460 00:40:21,930 --> 00:40:25,050 that was all 55 plus condos. 461 00:40:25,490 --> 00:40:28,290 So part of their contract was they made a $50,000 462 00:40:28,290 --> 00:40:30,490 contribution towards an ambulance 463 00:40:31,070 --> 00:40:33,130 because it was assumed that we were gonna have 464 00:40:33,130 --> 00:40:35,730 more rescue calls because of a hundred 465 00:40:35,730 --> 00:40:37,150 and something condos being placed. 466 00:40:37,410 --> 00:40:39,010 So that was part of their contract. 467 00:40:40,590 --> 00:40:43,730 So in my readings, I can't remember if it was 468 00:40:43,730 --> 00:40:45,970 a superintendent or if it was from the water district 469 00:40:45,970 --> 00:40:49,030 where they, somebody said if this was a contract zone 470 00:40:49,030 --> 00:40:57,130 it be more palatable. So I think that I would want to make sure that that's a confirmation 471 00:40:57,130 --> 00:41:03,810 that everybody else agrees that if it was approached as a contract zone, then that would 472 00:41:03,810 --> 00:41:09,510 be something that I would endorse as long as everyone's downstream supported that. 473 00:41:10,290 --> 00:41:17,030 We're not here to discuss the contract zone. We're either going to tell the, that's 474 00:41:17,030 --> 00:41:21,610 We should also recommend this or we don't recommend the change. 475 00:41:21,810 --> 00:41:24,710 And we're recommending the code change or not recommending the code change. 476 00:41:25,010 --> 00:41:26,810 Nothing to do at this point with contracts. 477 00:41:26,830 --> 00:41:30,210 Let's come back with a contract zone and then we can discuss all that. 478 00:41:30,710 --> 00:41:38,870 All right, so based on, I'm trying to base it on whether it's warehousing, 479 00:41:39,090 --> 00:41:42,650 is consistent or inconsistent with the contract zone. 480 00:41:42,890 --> 00:41:44,890 And then say exactly why to the City Council. 481 00:41:48,930 --> 00:41:52,170 It may be the type of warehousing we're talking about. 482 00:41:53,410 --> 00:41:59,170 That it's too broad, I don't disagree, that there's certain uses that wouldn't be. 483 00:42:00,170 --> 00:42:03,490 Because they currently petroleum storage is allowed in industrial business. 484 00:42:04,130 --> 00:42:10,890 I thought we would discuss in that, just one of our, we're just discussing the code change, right? 485 00:42:11,690 --> 00:42:11,850 Yes. 486 00:42:12,070 --> 00:42:13,450 It's right now it's a yes or no, right? 487 00:42:13,770 --> 00:42:14,090 Yes. 488 00:42:14,090 --> 00:42:15,010 and then we can have it. 489 00:42:15,010 --> 00:42:18,330 Well, right now, it's a recommendation from the City Council to approve or not approve. 490 00:42:18,870 --> 00:42:21,850 Based on whatever you guys want. 491 00:42:22,610 --> 00:42:27,550 Why don't we poll everybody to see where we're standing right now on just the code, just 492 00:42:27,550 --> 00:42:28,430 the code change. 493 00:42:29,650 --> 00:42:32,490 All right, because that's just a chair. 494 00:42:32,910 --> 00:42:36,810 So, but that's just an idea is that we just see where everybody is. 495 00:42:37,090 --> 00:42:37,210 Yep. 496 00:42:38,010 --> 00:42:38,310 All right. 497 00:42:38,530 --> 00:42:40,630 Those who aren't in favor of the change. 498 00:42:41,030 --> 00:42:42,310 This is not an official vote. 499 00:42:42,310 --> 00:42:46,390 No, this is a strumple, just to see how much more discussion we need. 500 00:42:46,690 --> 00:42:49,250 So, who would not be in favor of it? 501 00:42:49,390 --> 00:42:50,990 I'm not in favor of it. 502 00:42:51,770 --> 00:42:51,870 All right. 503 00:42:53,150 --> 00:42:54,010 Well, I'll have to vote then. 504 00:42:58,570 --> 00:43:01,950 I move that we have a motion. 505 00:43:02,030 --> 00:43:03,050 So I have a suggested motion. 506 00:43:03,190 --> 00:43:03,290 Good. 507 00:43:04,670 --> 00:43:05,030 Good. 508 00:43:05,730 --> 00:43:11,130 So, typically when this goes to council, so this is not part of your motion, but before I read the motion. 509 00:43:11,130 --> 00:43:19,090 Typically, when it goes to council, I have to explain the thought process behind the recommendation 510 00:43:19,090 --> 00:43:20,230 or not recommendation. 511 00:43:22,230 --> 00:43:30,290 What I'm asking the question in this case, what I'm hearing is due to the broad request 512 00:43:30,290 --> 00:43:36,850 of any ask code, 4931, in the entire AD zone, and the fact that the two water districts 513 00:43:36,850 --> 00:43:41,590 that have well had protection in the area, have serious concerns about it. 514 00:43:41,790 --> 00:43:43,130 You are not recommending approval. 515 00:43:43,350 --> 00:43:44,730 Is that what I heard from you? 516 00:43:44,790 --> 00:43:46,110 Less the report, director. 517 00:43:47,070 --> 00:43:49,110 That's what you want me to relate to, City Council. 518 00:43:49,630 --> 00:43:49,750 Yes. 519 00:43:52,400 --> 00:43:54,220 So are you ready to, ready for a suggested motion? 520 00:43:56,000 --> 00:44:01,160 The planning board accepts the information in the August 18, 2026 summer report, 521 00:44:01,420 --> 00:44:06,680 any September 2nd, 2026 site plan, review committee recommendation to the planning board, 522 00:44:06,680 --> 00:44:12,780 and finds the zone and ordinance table of land use text amendment request application 523 00:44:12,780 --> 00:44:26,320 number 2026-26-ZC to allow the 2002 NAICS code number 4931 in the airport development 524 00:44:26,320 --> 00:44:34,400 zone and does not recommend City Council approve the requested table of land use amendment. 525 00:44:37,000 --> 00:44:37,920 a question. 526 00:44:40,050 --> 00:44:40,390 Second. 527 00:44:40,750 --> 00:44:41,250 Any discussion? 528 00:44:42,290 --> 00:44:43,010 All in favour? 529 00:44:44,490 --> 00:44:45,450 All opposed. 530 00:44:48,120 --> 00:44:49,240 So, five, one. 531 00:44:50,420 --> 00:44:54,440 So the by-law state that when someone votes an opposition, 532 00:44:54,720 --> 00:44:55,480 that they give their reason. 533 00:44:55,800 --> 00:44:57,020 So I will give my reason. 534 00:44:57,380 --> 00:44:57,480 Yes. 535 00:44:58,520 --> 00:44:59,880 I am not convinced. 536 00:45:00,000 --> 00:45:20,260 Yes, the warehousing is inconsistent with the conference of plan for the AD zone, given the other uses that are allowed in the zone. I feel that there's more discussion to be had on it. That's the reason for my vote. All right. Moving on. Mr. Chair, can I speak for one last time. 537 00:45:22,880 --> 00:45:29,980 So the best bet will be to speak at the city council meeting as they will be making the final decision. 538 00:45:29,980 --> 00:45:36,440 on this. Since we have a very cast out vote, right. Thank you. 539 00:45:38,860 --> 00:45:39,960 So moving on to other 540 00:45:39,960 --> 00:45:41,940 business, Director's report? 541 00:45:45,520 --> 00:45:49,320 Before I get to Director's report, you just made a comment 542 00:45:49,320 --> 00:45:53,840 that I just want to elaborate on a little bit. When we talk about the comprehensive plan 543 00:45:53,840 --> 00:45:58,220 and ordinance amendments coming after that, that is exactly when we're going to go through 544 00:45:58,220 --> 00:46:03,220 use by use, zone by zone, talking about what should be and what should not be 545 00:46:03,220 --> 00:46:08,060 allowed. So this conversation we had tonight is going to be repeated about 1.2 546 00:46:08,060 --> 00:46:09,760 million times in the near future. 547 00:46:12,000 --> 00:46:15,580 Because really, depending on how thorough of a 548 00:46:15,580 --> 00:46:19,620 job we want to do, and I'll be honest with you, as both your planning director and 549 00:46:19,620 --> 00:46:23,720 code enforcement director, I want us to get this auditory right correct because 550 00:46:23,720 --> 00:46:28,880 we've been working with a document that's had its challenges for too long, and I've 551 00:46:28,880 --> 00:46:33,300 state employed here with the hope that someday we could fix this and we're finally here. 552 00:46:33,900 --> 00:46:39,500 So I am requesting ahead of time that we do put a lot of thought into these ordinance 553 00:46:39,500 --> 00:46:44,520 discussions when we get to that point because that's going to be what defines Sanford's future. 554 00:46:47,100 --> 00:46:50,440 Planning Director's report, I'm going to keep it short and sweet. 555 00:46:51,220 --> 00:46:57,780 I'm going to say the world is a status quo in Sanford, we are still rather busy on both sides 556 00:46:57,780 --> 00:47:08,960 of the hallway, working through the applications. As you guys know, staff and the site plan 557 00:47:08,960 --> 00:47:15,120 recommetti has continued to make sure that the applications that we accept as complete 558 00:47:15,120 --> 00:47:21,540 as well as the applications that get moved forward from site plan to you guys are complete 559 00:47:21,540 --> 00:47:24,040 without a bunch of conditions required. 560 00:47:25,340 --> 00:47:29,620 So those of you that don't watch site plan meetings 561 00:47:30,220 --> 00:47:33,600 because you're at work, we're doing other things. 562 00:47:34,180 --> 00:47:35,980 On most every project at this point 563 00:47:35,980 --> 00:47:37,900 is being tabled at site plan. 564 00:47:38,980 --> 00:47:42,700 Request in cleaner plans be created 565 00:47:43,120 --> 00:47:45,360 and reviewed again by the review team 566 00:47:45,360 --> 00:47:47,560 so that the plans that you guys see 567 00:47:47,560 --> 00:47:51,920 are much closer to being a clean sheet. 568 00:47:53,100 --> 00:47:56,240 I feel we've been working at this now for a few years, 569 00:47:56,940 --> 00:48:02,800 and I see results already better of approvals coming out of you guys' desk 570 00:48:02,800 --> 00:48:07,200 that are much easier for the applicant to understand what was actually approved, 571 00:48:07,740 --> 00:48:12,240 much easier for contractors that are constructing these places to know what they're supposed to be doing, 572 00:48:12,820 --> 00:48:13,600 much easier for. 573 00:48:13,600 --> 00:48:21,500 I'm going to say the future of code enforcement officers and the future of planning directors and code enforcement directors to know what was actually approved. 574 00:48:22,500 --> 00:48:30,920 As I have the fortunate role of doing a lot of things here and I've struggled at times in the past when 575 00:48:31,600 --> 00:48:41,880 a plan was approved with four or five pages of conditions and it takes the applicant six months, sometimes 16 months to work through those lists. 576 00:48:41,880 --> 00:48:51,640 staff has to almost re-review the entire thing because by then we're on a hundred projects since and it's very, very cumbersome. 577 00:48:52,280 --> 00:48:53,520 And that's how mistakes are made. 578 00:48:53,720 --> 00:49:02,840 So I want to thank you guys for the support that you've given us in the site plan Rookmitty to hold the quality standards high. 579 00:49:03,300 --> 00:49:05,000 I think that is paying its dividends. 580 00:49:06,020 --> 00:49:07,020 Again, thank you for that. 581 00:49:08,060 --> 00:49:12,280 As always, I'll say thank you to you guys as volunteers on the board and city staff. 582 00:49:12,840 --> 00:49:16,020 A lot of work goes on behind the scenes and you guys all make it look seamless. 583 00:49:17,120 --> 00:49:17,880 Thank you, Jamie. 584 00:49:18,760 --> 00:49:19,140 Communications. 585 00:49:20,080 --> 00:49:24,280 I have to agree with Jamie and all the other people on the site plan review. 586 00:49:24,600 --> 00:49:31,540 They've, when plans come before us and there's so many things that have, aren't answered questions. 587 00:49:32,160 --> 00:49:39,780 And then we table it and they come back in two weeks hopefully and sometimes the next night they're here before us. 588 00:49:40,480 --> 00:49:45,980 Yeah, and I'd like to add, that's, I mean, that's why projects have been approved. 589 00:49:46,740 --> 00:49:55,520 You know, almost, I don't want to say feels like a rubber stamp, but by the time it gets to us, there has been so much work done to make sure that it meets everything and it is complete. 590 00:49:57,440 --> 00:50:00,080 There's a lot of cases very little to discuss. 591 00:50:02,620 --> 00:50:09,840 And I think the only issues we've had lately is DEP permits, you know, we're pending 592 00:50:09,840 --> 00:50:13,340 DEP approval and then the approval comes back and they want something different. 593 00:50:14,480 --> 00:50:18,200 I think that's in the only time we've seen some amendments and so that's really good. 594 00:50:21,040 --> 00:50:26,940 So as far as your speech, the first speech you give, can some of that be put on the agenda 595 00:50:26,940 --> 00:50:28,580 for it was on the end? 596 00:50:29,020 --> 00:50:30,920 So we're working on amending that. 597 00:50:31,100 --> 00:50:35,620 So essentially what he reads is almost the by-laws in its entirety. 598 00:50:44,300 --> 00:50:51,440 So essentially what I think, I don't even like God's talking. 599 00:50:51,440 --> 00:51:08,140 I will say in my time as you're planning board chair, Lenny was chair for the first month and a half that I was here and then Tom and then Jason, I believe all three of them have voiced a little bit of concern about the length of reading that every morning, every morning, every night. 600 00:51:09,320 --> 00:51:14,320 I have done research, I have determined that we don't have to read all that. 601 00:51:14,820 --> 00:51:16,200 That's your by-laws, essentially. 602 00:51:17,000 --> 00:51:20,060 The by-laws are voted on at the beginning of the year. 603 00:51:20,160 --> 00:51:21,580 They are valid for the entire year. 604 00:51:22,600 --> 00:51:30,680 It was the best I can determine in years past we had some highly contentious plan and board 605 00:51:30,680 --> 00:51:37,260 meetings, and to make it so that everybody, meaning the applicants, were aware of the by-laws. 606 00:51:37,260 --> 00:51:39,900 we started reading that at the beginning of every meeting. 607 00:51:41,160 --> 00:51:47,240 I discussed it with staff and while I think some of it might need to still be said 608 00:51:47,240 --> 00:51:52,640 I think we're going to start putting the by-laws in every agenda packet 609 00:51:53,340 --> 00:52:00,240 so that both you guys and or the applicants can review those ahead of time 610 00:52:00,240 --> 00:52:04,840 or during the meeting or whenever they want and we don't even have to do that. 611 00:52:04,840 --> 00:52:07,540 I like to be transparent as possible. 612 00:52:08,300 --> 00:52:10,300 That's why we've continued to do it. 613 00:52:11,860 --> 00:52:14,800 But I've had some discussions and a lot of thought on it. 614 00:52:15,300 --> 00:52:17,100 And I think we're still being transparent 615 00:52:17,100 --> 00:52:19,440 if we make the bylaws readily available. 616 00:52:19,940 --> 00:52:21,340 The bylaws are on the planet website. 617 00:52:21,560 --> 00:52:23,220 Again, I'm going to go the extra step 618 00:52:23,220 --> 00:52:25,080 and add them as a page to the packet. 619 00:52:25,700 --> 00:52:28,220 That way, nobody can say I didn't know that. 620 00:52:29,020 --> 00:52:31,520 So yes, in the near future, we're going 621 00:52:31,520 --> 00:52:37,060 a switch to highly abbreviated version with by-laws being included in the packets. 622 00:52:38,120 --> 00:52:38,200 Yeah. 623 00:52:38,780 --> 00:52:39,240 Works for me. 624 00:52:39,440 --> 00:52:40,740 Because the city council wants very short. 625 00:52:41,780 --> 00:52:41,900 Yes. 626 00:52:43,240 --> 00:52:43,380 Yeah. 627 00:52:43,760 --> 00:52:49,580 And I think people reading and having the list in the packet is much more benefit than me mumbling 628 00:52:49,580 --> 00:52:51,880 through it and them having to hear it. 629 00:52:52,440 --> 00:52:52,920 I agree. 630 00:52:53,240 --> 00:52:56,640 I am a thousand per cent for city government to be transparent. 631 00:52:57,040 --> 00:53:01,060 I think including the packet is more transparent than trying to keep up with. 632 00:53:01,060 --> 00:53:03,200 I mean, you do a great job reading it. 633 00:53:03,920 --> 00:53:05,160 I do better, or of course I'm deaf, 634 00:53:05,320 --> 00:53:06,820 but I do better reading than I do hearing. 635 00:53:08,140 --> 00:53:09,140 Even when I can't hear. 636 00:53:13,100 --> 00:53:13,780 Do we have a motion? 637 00:53:14,380 --> 00:53:15,920 Oh, motion to adjourn. 638 00:53:16,140 --> 00:53:16,460 Second. 639 00:53:16,780 --> 00:53:17,160 All in favor. 640 00:53:18,080 --> 00:53:18,700 Six zero. 641 00:53:19,800 --> 00:53:20,220 Thank you.