PLANNING BOARD
February 13, 2002
Regular Monthly Meeting
ROLL CALL
Present: James Montell, Chair Christine Szigeti-Johnson Alfred Nisbet Pat Hart Deborah Willis
Absent: Edmund Pelletier Robert Moody (Alt)
Also Present:Jeffrey Hinderliter, CEO Keith Edwards Phil Garwood Ben Garwood Bob Schaffer Teresa
Henderson
Bill Henderson Gary Higginson RobWeisser Gary Lavigne
Nicole Lavigne Jen Kinnelly
Harold Gerard Diane Morabito Lynn Gerard William Rogers Frank Rosen
Anthony Anderson
Deborah Ladner Michael Hudson Daryl Mashke Ken Mashke Richard Heath
Barbara Heath
Erik Stumpfel Curry Caputo Andrea Lani Barbara Godfrey
Barbara Oesterline-Heath Jay Pickens
Harlan Brown Michael Coty Tom Federle Andy Hendrickson Edward Gardello
Jaye Malcolm Trimm
Carolyn B. Perry Brian Kent Lionel Cayer Kip DeSerres
David E. Wood Jeffrey Miller
Tony Barrett John Goudreau Jane Lincoln Roy Lord
Kenneth E. Tuttle John W. Coughlin
Dennis Doiron Margaret Killam James Gurney
1.) Meeting called to order at 6:00 PM by Chair Montell.
2.) Roll call was taken.
3.) Consideration of the Minutes from the January 9, 2002 regular meeting.
A motion was made by Alfred Nisbet to accept the January 9, 2002 minutes as presented.
Christine Szigeti-Johnson seconded the motion.
Vote: 5 in favor, 0 opposed. Motion passed.
Chair Montell suggested that the Board set a time limit for the meeting due to the large agenda.
Alfred Nisbet made a motion that the meeting not go beyond 9:00 PM. Christine Szigeti-Johnson seconded the motion.
Vote: 5 in favor, 0 opposed. Motion passed.
4.) Consideration of the City of Gardiner s application for a Housing Assessment Planning Grant through the State of Maine Department of Economic Community Development Block Grant Program.
No one from the Economic Community Development Office was in attendance, so Jeffrey Hinderliter, CEO/Planner asked if he might speak concerning this matter. Jeff informed the Board that they should look at the letter to determine if it is acceptable. Chair Montell read the letter.
Pat Hart made a motion to accept the letter as written and for the Planning Board Chair to sign the letter. Alfred Nisbet seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5.) Consideration of a request for a Gardiner Zoning Map amendment from Robert and Margaret Killam to rezone parcels currently located within the Central Business District to the proposed zoning district, High Density Residential, in accordance with Title 31, Chapter 7, Section 3201, 4. H. of the City of Gardiner Zoning Ordinance. The parcels directly associated with the proposed zoning map amendment are located at 1A Cobbossee Avenue, Map 28, Lot 4; 303 Harrison Avenue, Map 28, Lot 3; 299 Harrison Avenue, Map 28, Lot 2; 295 Harrison Avenue, Map 28, Lot 1; 185 Central Street, Map 28, Lot 5; and 283 Harrison Avenue, Map 30, Lot 3.
Chair Montell asked Mrs. Killam to explain her request. Mrs. Killam said that a while back they had decided to sell a piece of their property. They had a party interested in building a two-family home. They drew up plans and came to the CEO to check out the plans. At that time he found out that he couldn t build a residence on the property because the property along with several other residential properties had been zoned Central Business back in 1976. All of the houses around this property are residences.
6:16 PM meeting opened to public hearing by Chair Montell
There was no public comment. The CEO indicated that he had received a letter from one of the property owners, Mr. Trask, who had 2 questions concerning this proposal. The CEO said that he had answered the questions in the letter and has not heard back from Mr. Trask.
The CEO said that the proposed change is consistent the Comprehensive Plan.
Chair Montell read the Killam s letter defining the proposal and identified all of the documents contained within the application. He read the Findings of Fact. The proposal summary was read by the CEO.
6:30 PM Chair Montell closed the public hearing.
Pat Hart asked if the proposal included all of the area currently designated Central Business in the area of the Cobbossee Bridge. The CEO said yes.
Alfred Nisbet made a motion to accept this request as presented. Christine Szigeti-Johnson seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
6.) Consideration of a request for a Conditional Use Permit from Teresa Henderson to establish the use of an existing building 1st floor as Places of Worship and other related religious structures (worship services and related church functions) in a Moderate Density Residential Zone in accordance with Title 31, Chapter 7, Section 3202, F. 5. 1. of the City of Gardiner Ordinance. The property is located at 8 Gary Street, Map 29, Lot 9B.
Chair Montell asked Mrs. Henderson to present her proposal. She said that they had moved their ministry to Gardiner in 1998 and received the Robinson home on Brunswick Avenue & a carriage house on 8 Gary as a gift from Mrs. Shaw. They moved into the Robinson home in 1999 to use as a place of worship. September 18, 2001 they lost the home in a fire. They have been using St. Joseph s Church since then but decided they needed their own place. They want to refurbish the carriage house to use until the Church is rebuilt. They are asking for a change in use to allow for congregational parking and use of the 1st floor to hold church services and later for other church meetings.
6:43 PM Chair Montell opened the meeting for Public Hearing
Jennifer Kinnelly who lives at 6 Gary Street said that it is a dead end street and a very short street. There has been an increase in traffic already and they do not obey the speed limit. There are many children in the area. Since Thanksgiving, there has been construction going on there with lights on 24 hours a day and people there. She said she is not convinced that they are going to do what they say they are going to do.
Pat Hart asked if there is a buffer between the properties. Jennifer said 1 small tree. You can see the property easily.
Lynn Gerard, who lives at 11 Gary Street, said she grew up in the neighborhood. She owns the property at the end of the street and owns the right-of-way to Oak Grove Cemetery. She indicated that there might be a legal issue here because she isn t sure they have legal access to the property. She said it is a sharp turn from Pierce Street onto Gary Street. There has been increased traffic. There also have been problems with sewerage and drainage on the street and is not sure either could accommodate this use. She is concerned about parking, safety and traffic issues. She also had a letter from Scott Collins (5 Gary Street). He indicated in the letter that he is opposed to using the building as a meeting place. He bought his home there because of the quiet nature of a
dead end street. Lynn said that in addition to those concerns mentioned, last year the church had a perpetual lawn sale. It is a beautiful residential neighborhood. From what Mrs. Henderson indicated, even when the church is rebuilt, they still plan to use this building for church activities.
Jennifer Kinnelly said the nursing home property divides the church from the carriage house property.
Lynn Gerard explained to Board Members the placement of her lot at the right-of-way in relationship to the church and carriage house.
Alfred Nisbet asked how big the Brunswick Avenue church lot is. The CEO said 100 x 100 .
The Chair asked the CEO if it was correct that the two properties don t touch and you have to go down Pierce Street to Gary Street and use the Cemetery right-of-way to get to the property. The CEO said yes. The Chair asked if the CEO Office had received any letters. The CEO said no.
Christine Szigeti-Johnson said that since there are legal issues with the use of the right-of-way, should the Board table the issue. All of the Board Members agreed.
Teresa Henderson said that she believes there is an easement in her deed to cross over the property.
The CEO referred the Board to Addendum 1 which is a portion of a survey showing easements, although it appeared to somewhat confusing in some areas. He said that if the Applicant can prove he/she has right, title or interest to the property, they can proceed. The City doesn t get involved in property disputes.
Deborah Willis asked if the easement was intended to be a single-family residence and now it is being looked at for multiple people use.
The CEO said the Board has the right to approve the application if the Applicants have met the Review Criteria and the Applicant has represented that they have standing.
At the request of the Chair, the City Attorney, Erik Stumpfel clarified the issue. He said the Board needs to test the application against the Ordinance. Land disputes would have to be dealt with by the property owners.
Alfred Nisbet said the property is zoned Moderate Density Residential. People bought into the area expected it to be residential, not anything that would draw a crowd.
Lynn Gerard said the parcel for the church designates a certain number of parking lots. There is none for the Gary Street parcel.
The CEO said if the Board decides to table the issue, the Applicant should know why what the Board is looking for so that they can render a decision ownership; right-of-way; right, title or interest; change in character of neighborhood; increased traffic; safety.
Pat Hart said the issues appear to be safety, standing and mixed use. It is an apartment house with an assembly place beneath it. She said they should look at the issue of buffers.
Christine Szigeti-Johnson said the application is for temporary change in use, but as the Applicants indicated the possibility of continued other uses, what happens after?
Lynn Gerard asked how long were they talking about 2 months, 2 years, 6 years the notice came from Henderson Housing. Are they proposing to use the cellar of the Church and then build it and be complete in 10 weeks or do they intend to use the basement.
The CEO said all of the improvements at the Church have met the standards. They could use the basement.
Jennifer Kinnelly noted that Mrs. Henderson said the proposed use would be used 6 8 weeks and said other church activities would continue. She urged the Board Members to go down Gary Street & walk around.
Christine Szigeti-Johnson made a motion to table the Application to address the following issues:
1. Traffic issues associated with review criteria.
2. Hours of operation
3. Parking provisions for buffers
4. Safety increased traffic projected
5. Time frame of use of building & the particular use. What is intended to continue after the Church building is built.
6. Discription of buffers and the height
7. Standing right, title & interest
Alfred Nisbet seconded the motion.
Vote: 5 in favor, 0 opposed. Motion passed.
7:34 PM Chair Montell asked for a 5 minute recess.
7:47 PM Meeting resumed.
7.) Consideration of a request for a Public Path Application review from the City of Augusta to construct a public path and its appurtenances and accessories in a Central Business Zoning District in accordance with Title 31, Chapter 7, Section 3203 (P-A) of the Gardiner Zoning Ordinance. The property is located within a State of Maine Right of Way, Map 37, Lot 30.
Board Member, Pat Hart asked to disclose the fact that her husband had been a member 2 or 3 years ago of the Rail Trail Board. She said this would not influence her assessment and decision on the Application. The Board Members all acknowledged that they felt she could make an honest and unbiased decision.
Chair, James Montell disclosed that he and the CEO had made a site inspection of the area the day before from the Farmingdale line to the proposed end.
Tom Federle spoke on behalf of the Application representing the City of Augusta and the Board of Supervisors of the Rail Trail and was designated as Augusta s Agent with reference to obtaining permits.
Tom indicated that they have right, title & interest because they have a license from DOT covering the whole proposed trail. (Chair Montell directed the Board Members to Attachment A, which verified it). Tom went over each Approval Standard required by the Public Path amendment with answers as to why he believes they meet the Standard.
1. Set back The Central Business District requires a 25 setback, the closest point of the trail to the River is 44 .
2. Appurtenances Plan only a few and none within the 25 set back
3. Resource Protection District none of the area is in this District
4. Width - at the widest point it is 10
5. Tree canopies None
6. Grade grade is far below maximum rather flat
7. Erosion & Sedimentation Referred to Attachment C. It is consistent & exceeds Best Management Practices Guide
8. Earth Moving all activities are in accordance with erosion/sedimentation standards
9. Parking - No off-street parking required, but does have written agreement with Hannaford Bros. for 18 parking space and other public parking areas within City.
10. Motorized Vehicles Have plans to place bollards to prevent unauthorized motorized vehicles on trail.
He said they are confident they meet all of the standards.
Phil Garwood, Member of the Board of Supervisors for the Rail Trail displayed colored pictures of the plans. The trail follows the highway embankment. They plan to add trees and some scrub. They plan to remove some of the rails that are not used and add a small amount of fill and pave. After the bridge, the trail narrows to 6 to maintain a 10 setback from the rail. At that point a 6 chain-link fence will be installed and continue until the trail widens to 10 again.
8:12 PM Chair Montell opened the meeting for public hearing.
Brian Kent, a planning and design consultant who has worked with Augusta and Gardiner on waterfront improvements said that this project has been endorsed by the Augusta City Council, the Legislature, the Rail Trail Committee and the Gardiner City Council.
Carolyn Perry, Downtown Manager, City of Augusta said this revitalization is wonderful for all of these communities.
Harlan Brown, citizen of South Gardiner, said that the trail is a great idea. He rides in the Senior Citizens Olympics of ME. He is an avid bicycle rider. It has been difficult to ride a bike up Route 201.
Gary Higginson, a homeowner from South Gardiner, said he is in favor of the trail. He is looking forward to it. He has seen the trails in other communities and every safety concerns have been addressed and they ve had no problems. He hopes it is extended to South Gardiner and beyond. It will be great place for a healthy walk for the average citizen.
Cynthia Beneski had to leave but left a written statement. Chair Montell read the note for the record. Cynthia indicated in the note that she bought her home on Highland Avenue in Gardiner because of the character, history and diversity of this area. She believes that this trail will provide for safe recreation near the Kennebec River to ride bikes and it will add value to the properties in Gardiner.
Ken Tuttle of Pittston said that he feels it would not be prudent to make any decision while a lawsuit is pending in Superior Court in Augusta concerning the legality of the trail. He felt it would be irresponsible to make a decision because he feels the court will deem it illegal. He would like to hear from the court before spending taxpayers money. Other issues are environmental, safety and passenger rail.
Christine Szigeti-Johnson asked Mr. Tuttle what was the time frame for a decision from the court. He indicated sometime this winter.
Tom Federle, who is defending Hallowell s Board of Appeal s decision in court, said this court case has no baring on this application. Gardiner Planning Board s Attorney, Mr. Stumpfel agreed.
Gary Higginson said there are dozens of areas where bicycle trails are beside rail trails and there have been no problems.
Deborah Willis made a motion to close the public hearing. Alfred Nisbet seconded the motion.
Vote: 5 in favor, 0 opposed. Motion passed.
8:30 PM Public Hearing closed.
The CEO asked if they used a FEMA map to determine setbacks? One of the people with the Applicant said yes. Jeff, CEO explained how a high water mark is set. He asked if they determined it from work in the field or only on a map? The reply was map only. The CEO asked if all of the appurtenances are represented on the application. Tom said all are on Appendix D and on the site plan.
The Board addressed the CEO s additional comments.
A. Hours of Operation? Tom Federle - Dawn to dusk, lights under the bridge which meet all City standards.
B. How will the path be monitored? Mike Coty Will provide regular checks. Have bicycle officer for summer. Have a letter from all law enforcement agencies along the trail. No concerns. No problems on part of trail already in use or on the Brunswick trail.
The CEO asked if there was sufficient access for emergency vehicles to the path and to turn around. Chief Coty said yes. The CEO asked if the Applicant had written permission to use the Hannaford Bros. parking. The Applicant said yes.
C. Jane Lincoln, DOT, addressed the issue of future use of rails. She said they do want to see passenger train & cargo class 2. They do support and believe both trail and rail can exist.
D. The CEO asked what was being done to be proactive in identifying potential spots? Chief Coty said areas have always existed and always will, but the more people on the trail, the less improper activity will occur because of the witnesses.
E. Pedestrian/motor vehicle traffic separation & safety? The Applicant said that the 6 fence would provide safety. In Boston and other places, trains run right beside pedestrians. There is a natural barrier for most of it because of the steep embankment. There is also a guardrail.
F. Pedestrian notification about high winds, floodwater? Not addressed.
G. Liability for loss or injury? Applicant said trail covered under the Tort Claims Act & Friends of Kennebec River maintain insurance. DOT has new trespass policy for rail with fairly steep fines. City of Gardiner has no liability because it isn t their property.
The Applicant noted that Dot has reserved the right to move the trail if it interferes with passenger rails.
Chair Montell read the Finding of Fact.
Alfred Nisbet made a motion to approve the Findings of Fact. Christine Szigeti-Johnson seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Chair read each Standard of Approval and took a hand vote on each one as to their determination if each standard was met.
1. Vote: 5 in favor, 0 opposed. 2. Vote: 5 in favor, 0 opposed.
3. Vote: 5 in favor, 0 opposed. 4.. Vote: 5 in favor, 0 opposed.
5.. Vote: 5 in favor, 0 opposed. 6. Vote: 5 in favor, 0 opposed.
7. Vote: 5 in favor, 0 opposed. 8. Vote: 5 in favor, 0 opposed.
9. Vote: 5 in favor, 0 opposed. 10. Vote: 5 in favor, 0 opposed.
Chair Montell said each standard has a unanimous vote by the Board Members.
Christine Szigeti-Johnson made a motion to approve the Public Path Application as presented. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8. Adjourn
Pat Hart made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Adjourned at 9:30 PM
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