Do CN Brown plans start from scratch, or use old application?
By Dawn De Busk
Staff Writer
NAPLES — The Naples Planning Board is in limbo when it comes to moving forward on the application status of a proposed gas station.
The standstill was apparent during the planning board meeting on Tuesday night.
The next step for C.N. Brown’s site plan application is uncertain — until the Town of Naples hears from its legal counsel.
One basic question for the town attorney is whether or not CN Brown’s site plan is being considered a brand-new application? Or is it the continuation of a previous application?
After all, in 2024, the planning board approved CN Brown’s proposal to build a gas station and convenience store on the property located 99 Roosevelt Trail, the site of the former Lake Region Convenience store that has been vacant for a few years.
In late January, the Naples Zoning Board of Appeals reversed the planning board’s decision, based on the driveway width going against the town’s Driveway Entrance Ordinance.
Now, the question being asked is: Is CN Brown’s application starting from scratch?
Planning Board member Jimmy Allen stated it was wise to hear back from legal before talking about the site plan.
“The answer sets the pace to the rest of it,” Allen said.
Naples Town Planner Kathy Tombarelli narrowed down the questions, what it was that the board needed to know such as whether or not this is a new application? If so, will the company be required to adhere to new Buffering Ordinance that was approved by voters last November?
“If it isn’t, whether or not the planning board has the authority to grant a waiver,” Tombarelli said, adding the question, “Will the planning board be able to approve it on conditions of approval by the Naples road commissioner [town manager] and the Maine Department of Transportation?”
The Driveway Entrance Ordinance gives authority to the town road commissioner to approve driveway entrances.
Vice-chair Martina Witts had a question to send the law firm’s way.
“If it’s a new application, that is simple. Everything is on the table again. If it is not a new application, can other things be introduced? Can we ask for more information than we did before? Can we talk about noise in a more specific data driven way,” Witts said.
Sue Fleck added to the list of questions.
“There has been discussion about depth of pump in retaining ponds. That feels a little beyond our scope. We don’t have that engineering expertise. Since we are talking to legal, find out the correct response in that situation,” she said,
“Have that clarification from legal since the call is going to be made anyway,” Fleck added.
The planning board voted, 5-0, to table the site plan review for CN Brown until the town gets questions answered by the town attorney.