A permit for a used car dealership in Nobleboro will be revisited by the planning board, after Code Enforcement Officer Stanley Waltz appealed the permitting decision.
The Nobleboro Planning Board gave its unanimous approval Dec. 18, 2012 to Greg Collins and Nathan Chapnick to open GNC Auto, a used car dealership on two adjacent properties owned by their parents in North Nobleboro.
The properties are at 735 and 541 East Pond Road. They appear on municipal tax map 9 as lots 27 and 29B.
Nobleboro Appeals Board Chairman David Libby said Feb. 22 the appeal was administrative. At their Feb. 12 meeting, the appeals board reviewed the situation and decided to send the matter back to the planning board.
“There are things that need to be done that weren’t done,” he said.
Waltz said Feb. 25 that Collins and Chapnick would need to reapply for approval once they complete the list of requested actions. Until that permit is approved they may only display two cars at a time, but may continue their online sales, he said.
According to the minutes of the appeals board’s Feb. 12 meeting, “The town attorney has been contacted and he gave Waltz the advice to appeal the PB [Nobleboro Planning Board] decision. When Waltz went through the file he had some issues that he mentioned on the application.”
Libby said the permit application should have been reviewed by the planning board and the CEO, but that a misunderstanding about the time of the meeting at which that review was to take place, led to Waltz not being present.
Libby said there was “a short laundry list” of things that needed to be done to complete the process.
“There wasn’t anything contentious,” he said. “We’re just following through on administrative procedure.”
Among the issues presented by Waltz is the absence of a professionally prepared site plan, the absence of a soil erosion plan, and the lack of written notice of any discussion with state officials.
Waltz also noted the applicants stated, at a public hearing on the permit, that 3-5 cars would be displayed.
At the Dec. 18, 2012 meeting at which they approved the permit, the planning board asked Collins and Chapnick to set a limit on the total number of cars that would be on the lots at any time. Chapnick was hesitant to set any limits, but finally agreed to 40 as the maximum number, after being assured that the business could return to the board to request an amendment to any part of its plan.
In his appeal, Waltz also expressed concern about the number of trips there would be in and out of Larry Newbert’s driveway.
“With showing cars in and out that will make more than 50 trips a day,” the minutes state. “The state conversation (Chapnick and David Allen) outlined the 50 trips a day allowed in and out of the driveway.”
Waltz told the appeals board, if they could not find answers to his concerns in the applicants’ file, the planning board would have to do more fact-finding.
“Also, Waltz did not realize that part of the garage at Collins’ is to be used as an office,” the minutes state. Waltz said he had no record of that.
Planning Board Chairman David Kramer said his board approved the plan because they felt it met with variance requirements. He said he felt a hand-drawn plan would be sufficient.
The appeals board reviewed the planning board’s checklist and found the page of performance standards had not been checked off.
“It was felt that this page of standards had been overlooked,” the minutes state. “Libby said that for the future of this business plan and the town, his suggestion is that the [planning board] take this case back to the table and make sure all the requirements are met.”
The project does not involve any clearing of land, laying of gravel or tar and no buildings are to be constructed.
Nobleboro resident Holly Howieson told the appeals board the applicants had provided all they were asked for.
“In case there is a question in the future from a resident in town or a new neighbor who moves into the area, these requirements still need to be met in order for the town to show that the business followed town ordinances,” the minutes state. “In the meantime, the business has been approved and they have moved ahead with that approval.”
Appeals board member Harold “Bud” Lewis said that, without a letter from the Department of Transportation, the issue must return to the planning board. He said a letter from DOT must be included in the file.
Lewis said the town ordinance is very clear on the establishment of a business in town. He said the two main issues are the lack of both a professionally drawn up site plan and a DOT letter that clarifies state approval of the plan.
He said the site plan can state that there is no need for a stormwater plan and why.
“Waltz feels that the car area is in the field and if that field is plowed in the winter and we get 40 degree days then that field is going to end up sinking and muddy,” the minutes state. “Thus the need for a soil erosion and stormwater plan, which is required of all businesses.”
The appeals board voted unanimously in favor of moving the plan back to the planning board for further fact finding. A date for this meeting has not been set.
For more information call the Nobleboro Town Office at 536-8816.