Ever since the June 6 Standish Planning Board meeting that gave conditional approval to Pit Stop Fuels, Inc., and the ensuing appeal filed in Superior Court by abutters to the property, the town has been wrestling with the definition of bulk storage and whether Pit Stop Fuels belongs in that category.
The Pit Stop project is planned for 125 Ossipee Trail East, next to Colonial Marketplace.
Abutters Peter and Carolyn Biegel, of 141 Ossipee Trail East, and their attorney, Timothy Norton filed the appeal on June 30 against the town of Standish, Pit Stop Fuels, Inc., and Dana Lampron.
The Biegels and Norton believe the Pit Stop should be considered a bulk storage facility because one of the three 20,000 gallon underground storage tanks planned for the site will contain home heating fuel that will be loaded into trucks and delivered to his customers off-site.
The Biegels feel the Planning Board has abused its discretion by its decision to classify the business as retail sales rather than bulk storage.
But according to Standish Town Planner Bud Benson, “there is no definition in Standish for bulk storage.”
Carolyn Biegel said, “The town has said that they classified it as retail use simply because they could not find another definition that fit. What’s not clear to the Planning Board when I hear them say their hands are tied is that their charge is to meet the intent of an ordinance.”
Planning Board Chairperson Carol Billington acknowledges the “statement in the ordinances that says if there’s not a specific definition then the business use falls under retail sales.”
“It was handled properly,” she added. “Had the conclusion been warehousing, it would not be allowed in the village center.”
Billington feels the issue is not just one of heating oil storage but of the danger posed by the presence of the big trucks as well. And she has questions about the procedure followed by the Zoning Board of Appeals when the matter came before them last February.
“The Zoning Board of Appeals has a judgment call,” Billington said. “This application went to this board, applying for a retail business of over 2,000 square feet. The question is – they (Sebago Technics, representing Lampron and the Pit Stop) gave its use class as retail sales. But did the board look at whether it’s retail sales? Did the Zoning Board of Appeals deliberate properly?”
The evening this application was presented to the zoning board, back on February 28 of this year, there were three members present: Andrea Otis-Higgins, who chaired the meeting, Chris Bryan, and Wayne Hanlon, as well as Code Officer Dan Hill. Absent were Chair Arthur Dudley and member Bruce Smith.
According to the minutes of the 20-minute meeting, Walter Stinson of Sebago Technics presented the project, requesting a special exception for a proposed retail and office building larger than 2,000 square feet. Although the minutes make mention of the fueling station (an allowed use in the district), a convenience store and an office, the minutes do not mention an underground home heating oil storage tank.
When contacted for comment, member Chris Bryan said, “What a lot of people need to understand is the only reason we met was because they needed a variance. All the rest needs to be approved through the Planning Board.”
Bryan also said he did not remember whether the home heating oil tank was mentioned at the meeting and said he’s been asked that question a number of times recently.
Andrea Otis-Higgins, who chaired the meeting, wouldn’t comment, saying, “I wouldn’t feel comfortable commenting because it happened awhile ago.”
Arthur Dudley, who is the zoning board chair, declined comment as well, saying he was not present at the meeting.
Asked why the Biegel’s appeal does not name the Standish zoning board as a defendant, Attorney Timothy Norton said, “We’ve looked at the tape of the appeals board meeting. They were careful to limit their discussion to the size of the building.”
He says he has filed a motion for trial of facts, which “allows facts and circumstances outside of the Planning Board.” He is awaiting a ruling on that motion.
Even at the state level, there appears to be no firm definition of bulk storage.
“I’m not aware in Maine’s statute of any definition per se,” said George Seel, in technical services with the Department of Environmental Protection in Augusta. “We’ve had to grapple with this ourselves.”
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