PLANNING BOARD
April 10, 2002
Regular Monthly Meeting
6:00 PM
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 Teresa Henderson Bill Henderson Michael Knight Kathleen Knight
William Rogers Gloria Rogers
Jen Kinnelly Harold Gerard Joyce Perry Lynn Gerard
Tony Carey Bill Corish Lorna Veilleux Helinda B. Gould
Kevin J. Mattson Kathleen Gallant
Donetta Kimball Charlotte King Kenneth King Kane B. Coffin Richard B. Paradis
Art Colvin
1.) Meeting called to order at 6:00 PM by Chair Montell.
2.) Roll call was taken.
Due to the lengthy agenda, Chair Montell requested that the Board Members set a time limit for the meeting. He suggested that they not begin any new items for consideration after 9:00 PM.
Alfred Nisbet made a motion to not begin any new items for consideration after 9:00 PM. Deborah Willis seconded the motion.
Vote: 5 in favor, 0 opposed. Motion Passed
3.) Consideration of the Minutes from the February 13, 2002 regular meeting.
It was noted that the minutes contained an error in the date of the fire at the Apostolic Faith Ministry Church. The minutes indicated September 18, 2002 and should have read September 18, 2001.
A motion was made by Deborah Willis to accept the February 13, 2002 minutes as amended.
Alfred Nisbet seconded the motion.
Vote: 5 in favor, 0 opposed. Motion passed.
4.) Consideration of a request for a Conditional Use Permit from Michael Knight to construct a driveway within a Resource Protection Zoning District in accordance with Title 31, Chapter 7, Section 3203, Q. 5. of the Gardiner Zoning Ordinance. The property is located at 468 Marston Road, Map 12, Lot 12.
Chair Montell read the consideration and asked Mr. Knight to present his application.
Mr. Knight indicated that he plans to purchase a parcel of land and would need to cross a Resource Protection area to put in a driveway to get to the property. There is an existing old driveway. He wants to improve it to use the property as his residence. The Verrill Group currently owns the property. The Applicant has an agreement to purchase the property contingent upon this proposal being approved. He is buying the entire parcel and has demonstrated standing to come before the Planning Board.
6: 13 PM, Chair Montell opened the meeting for public comment.
Helinda Gould, an abutter, asked if there would be a culvert placed there. The Applicant said yes. Dorothy Washburne, another abutter, said she had no objections. She was pleased that this property was going to be developed as a single family home.
Chair Montell read the Finding of Fact. He asked the Applicant if he had received DEP approval. The Applicant said that the time frame that DEP sets as a basis for approval had passed.
6:17 PM public hearing was closed.
Chair Montell read the description of the project, the Applicant s response to the Review Criteria and the CEO s recommendations. It was determined that the Applicant had standing. He had a letter from the owner of the property which the Applicant added as an addendum to the original application.
Chair Montell asked the Board Members if they had any further discussion or questions. There were none.
Pat Hart made a motion to approve the application with the condition that all state and federal permits are approved prior to construction of driveway. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5.) Consideration of a request for a Conditional Use Permit from Antonio W. Carey to construct a 12 x18 addition to an existing dwelling within the Shoreland Zoning District in accordance with Title 31, Chapter 7, Section 3202, F. 2.0 of the Gardiner Zoning Ordinance. The property is located at 236 Cobbossee Stream (Carey Lane), Map 15, Lot 12.
Chair Montell read the consideration and asked the Applicant to tell the Board what his plans are.
Mr. Carey said that he plans to put an addition, a closed-in porch, onto an existing dwelling. It will be built on a floating insulated pad. The addition will be a post & beam construction.
6:35 PM meeting opened for public comment. No comment.
6:35 PM public hearing closed.
Chair Montell read the Finding of Fact, the Applicant s response to the Review Criteria, the CEO s analysis and recommendation.
Alfred Nisbet made a motion to accept the application as presented.
Pat Hart asked if a DEP permit was required. The CEO said it was not necessary.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
6.) Consideration of a request for a Conditional Use Permit from Theresa 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 Zoning Ordinance. The property is located at 8 Gary Street, Map 29, Lot 9B. (This agenda item was tabled at the February 13, 2002 Planning Board meeting)
Chair Montell read the consideration and indicated that the application was tabled from the last meeting due to outstanding issues.
The CEO, Jeffrey Hinderliter reviewed the issues from the last meeting. He indicated the Planning Board has received an addendum to the original application from the Applicant that addresses the six issues.
Chair Montell read the CEO s memo. He asked for a clarification of the reference to the proposed zoning district change from MDR to HDR in the Comprehensive Plan. The CEO said the Comprehensive Plan proposes to change the current zoning district for this area, Medium Density Residential (MDR), to High Density Residential (HDR). Chair Montell read the CEO s analysis and the CEO gave an overview of the memo.
Jennifer Kinnelly, an abutter, asked if a year from now the time frames for use changes or the numbers change, would the Applicant have to come back in for approval. Mrs. Brown, an abutter said it is a small street and if the youth group grows, the number of vehicles would increase.
Pat Hart asked if the application was for the whole structure or the 1st floor. The CEO said the 1st floor only.
Chair Montell introduced a document received this day from the City s Attorney and also documents from the Applicant s attorneys. Chair Montell read a portion of the City Attorney s opinion as the Board had just received it at the meeting.
Mrs. Henderson said that her title insurance attorney says that they clearly have access in his opinion. Her lawyer said this issue is not a Planning Board issue and should be battled out in Superior Court. The CEO said that although the Applicant has met the standing criteria to come before the Planning Board, access is one of the Review Criteria. If the Applicant has not met all of the review criteria and access is one, the Planning Board does have the right to deny the application.
7:05 PM the meeting was opened for public comment.
Lynn Gerard, an abutter who lives at 11 Gary Street, which is directly across from the Applicant s lot, and who owns the land where access is requested, listed the following issues:
1. Parking the residents who live on the 2nd story require parking also which is not included in the plan. She showed the Board Members pictures of the proposed parking area. There are cat-nine tails growing there, it is a wet area and putting in a parking area would add to the drainage problem.
2. Change residential character of neighborhood
3. Safety persons would drive over her right-of-way which is 40 wide and the deed says is for a cemetery. It s her property but who is responsible to maintain it? There is a serious drainage problem. She spoke with Pat Gilbert, the City s Public Works Director. She said he indicated that the right-of-way was paved to a lesser degree than a regular road. It was paved to allow for the cemetery s large vault trucks to enter because they couldn t make the turns onto the other cemetery roads. It is not built up for regular traffic. There are drainage problems that go all the way down to the Kennebec River. Lynn indicated that she has her attorney working on the title search also.
Lynn s concerns are residential character of neighborhood, parking, drainage, increased traffic, road maintenance, DEP concerns & wetlands.
Jennifer Kinnelly, an abutter who lives next door to the south side expressed the following concerns:
* Extremely small residential area just 5 houses + 2 on the corner of Pierce & Gary Streets and both are dead end streets.
* Traffic Safety a number of children in the area will they be parking on the lawns?
* Zoning She asked, does the whole area get rezoned? The CEO said no, just the 1st floor use is being dealt with.
* Change in use She asked if the time frames and numbers change or a special event occurs, do they have to come back before the Board? The CEO indicated that what the Planning Board approves should be what s in place. It is difficult to monitor. If a total change, they should come back to the Planning Board.
Christine Szigeti-Johnson asked if the Planning Board could approve a permit with a limited time frame. The CEO said yes, but the Board should be careful not to set a precedent with this.
Stanley Brown, an abutter, lives on the corner of Pierce & Gary Street. It has a new stop sign recently and it appears that there are a lot of additional traffic & noise & exhaust fumes. He hopes that the Planning Board will deny this application. It is not the place for this kind of facility in this residential area.
Lynn Gerard indicated that even if the approval was for a limited period, if they continue the use for Sunday School, the kids don t drive, so the parents would have to drive in to drop them off and pick them up. She is concerned about who is liable if someone is hurt. It s her property.
Mrs. Henderson said she had talked with Pat Gilbert and he indicated to her that the drainage issue is because you get the small pond effect when it rains because the culvert is not low enough. She said he indicated that the City should lower the culvert. She also indicated that he offered other alternatives for parking. (It was noted that these were not provided to the Planning Board.)
Jack Skehan, who lives on Pierce Street, said the area was not intended for commercial use. A number of years ago, a doctor had tried to put his office in there and was denied by the Planning Board.
Charles Stratton, an attendee of the church, said there is a kangaroo court being held on this side of the room.
Lynn Gerard brought up the issue of parking at the church on Brunswick Avenue. Chair Montell said it is not germane to this issue.
7:45 PM the meeting was closed for public comment.
7:45 PM Chair Montell asked for a 10 minute recess.
8:00 PM, meeting resumed.
Chair Montell gave an overview of the information received and the public opinion shared with respect to the outstanding issues. He asked the Board Members to make a decision and he explained their options.
Alfred Nisbet asked the Applicants if there was any way to get down to the building from the church on Brunswick Avenue such as a walking path? He indicated that it would solve the problem. The Hendersons said they probably could. They could talk to the owner s of the nursing home property and have something put in writing.
Pat Hart said that she had made a chart of car trips based on their planned use. It was a substantial increase and would impact the neighborhood. She indicated that the Board has limited the number of people and cars on other applications. She indicated that there is a lack of information, i.e. parking plan and not clear on access.
Deborah Willis said that she feels there are grounds for denial based on Title 31, Chapter 7, Sec 3204 H. 3. D. (1) (e), (f) & (g) of the Zoning Ordinance referring to noise, fumes, etc.
Christine Szigeti-Johnson said she agrees and likes the idea of a walking path.
Alfred Nisbet said it would change the character of the neighborhood, which is residential, and they would have to share the road with the owner of the property.
James Montell said he feels the issues are drainage, no parking plan, substantial increase in traffic, road maintenance, clear access & wetland. He made a site visit with the CEO and a representative from the Fire Department. He feels that anything other than a home would change the character of the neighborhood.
Deborah Willis made a motion to deny the application based on Title 31, Chapter 7, Sec 3204 H. 3. D. (1) (e), (f) & (g) of the Zoning Ordinance referring to noise, fumes, provisions for vehicle parking, amount of traffic and hours of operation. Alfred Nisbet seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7.) Consideration of a request for a Public Path Application review from the City of Gardiner to construct a public path and its appurtenances and accessory structures within the Resource Protection 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 35, Lot 30.
Chair Montell read the consideration and asked the Applicant, Brian Kent, Representing the City of Gardiner, to give an explanation of his plans.
Brian provided Amendments A & B to each of the members. Amendment A concerned path surface and Amendment B refers to safety issues. He also gave them a copy of a map showing the Amendments dated April 10, 2002 showing 4 gates in the fence, four short access ramps and two vehicle T turnarounds. He indicated that the proposal is for a public path south of the waterfront. They are hoping to get help to clean up the area. This plan, although not a rail trail , is in conjunction with the Rail Trail and Downtown Revitalization projects. They propose a 1,500 foot path, encompassing 3.10 acres and in a resource protection district. They have received a $30,000. grant. DEP and many groups have endorsed it. It would
start at Steamboat Street and extends 1,500 feet. It loops back and has 2 overlooks. MDOT will sign a lease agreement with the City for at least 10 years. Brian described the topography. They are proposing wood chips for the path, but may revisit that due to the CEO s comments. Brian went over the answers submitted with the application relating to the 10 standards requirements.
8:50 PM meeting opened for public hearing
George Trask said it was an excellent idea and should move forward. It is a beautiful waterfront and we should let the public enjoy it.
8:51 PM closed public hearing.
The CEO said the Board needs to decide if the areas where the setback is reduced, is for a good cause. All of the areas are because of physical restraints.
Chair Montell read the Finding of Facts. He also read each standard and summarized the answers.
The Board members agrees with the Applicant that in the places where the setback has been reduced is because of physical restraints or to access an overlook and is in accordance with DEP requirements.
The Applicant plans to incorporate 4 gates into the fence and are willing to use any suitable, similar surface on the path.
Christine Szigeti-Johnson moved to accept the application with Amendment A Path Surface: Because of concerns expressed about fire safety and the use of wood chips, the applicant is willing to use gravel laid on the ground surface, with a stone dust finish; and Amendment B Safety Issues: 1.) Provide four 4-foot gates in the fence to allow safety personal (with keys to the gates) access to the path from the rail right-of-way; 2.) Build four short, 3-foot wide, emergency access ramps, for safety personnel to use to reach the path; and 3.) Create two T turnarounds, one near the north overlook and the second about half way between that point and the rail underpass, to allow ambulance access; the path width here is to be 10 feet and the CEO s Conditions: 1.) All state and federal land use permits shall
be applied for and approved prior to commencement of construction; 2.) Erosion and sedimentation measurements shall be installed prior to the removal of any vegetation associated with construction; and 3.) The Applicant or their representative shall ensure the public path provides a compact and durable surface. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed whether or not to go on with the rest of the agenda. The CEO suggested completing the next two items and scheduling a special meeting for item number 10. He has a number of issues with this application and didn t feel they could give it a thorough review even if they stayed the extra time. He would make the public notification in the KJ and give the Applicant a list of the issues he has concerns with. The special meeting was scheduled for April 24, 2002 at 6:00 PM in the Council Chambers.
8.) Consideration of a request for an amendment from Harper s II, LLC to an approved subdivision plan within the Planned Industrial/Commercial Zoning District in accordance with Title 31, Chapter 11, Section 3603 of the Gardiner Subdivision Ordinance. The properties are located on Enterprise Avenue, Map 7, Lot 18A-13 and Map 7, Lot 18A-14.
Chair Montell read the considerations. The CEO read his recommendations.
Kevin Mattson spoke about the proposed subdivision plan. He said they are proposing this change because the project (next item on the agenda) requires them to buy additional land. He said this would not change any of the developable land and there were no DEP issues.
Christine Szigeti-Johnson moved to accept the application as presented. Pat Hart asked that it be amended to include the CEO s recommended condition. Christine Szigeti-Johnson amended the motion to include the condition: The Applicant shall submit a letter of approval from the Gardiner Public Safety Director, Public Works Director and a representative from the Gardiner Water District to the Code Enforcement Officer prior to building permit submittal. Pat Hart seconded the amended motion.
Vote: 5 in favor. 0 opposed. Motion passed.
9.) Consideration of a request for a Conditional Use Permit from Harper s II, LLC to establish a professional office use within the Planned Industrial/Commercial Zoning District in accordance with Title 31, Chapter 7, Section 3202, F. 3. 7. of the Gardiner Zoning Ordinance. The property is located at Enterprise Avenue at Libby Hill Business Park, Map 7, Lot 18A-14.
Chair Montell read the consideration and asked Kevin Mattson to give an overview of the proposal.
Kevin indicated that they are proposing to add onto the existing building (approximately 14,000 S.F.) to enable them to house Omnicare Pharmacy of Maine, a pharmaceutical distribution company. They would use 7,000 S.F. for office space and the rest to store pharmaceutical items (swabs, etc.) Omnicare Pharmacy of Maine has buildings in 46 states and is currently in Hallowell, ME. There is not enough room there and they want to be in this area because of the level of security in the current building. They do not have large trucks coming into the area. They use small box trucks. The building addition will be identical to the existing one.
The Chair read the application information. The CEO went over his memo to the Board and shared his concerns:
1. Lighting should be additional lights
2. Drainage concerned if roof runoff is accounted for. Kevin said in the ponds. The layout of the ponds was approved by DEP. They have applied for a minor amendment.
3. Parking he feels the Board could apply the N-2.H section of the Ordinance, (1 parking space for each person anticipated to be employed on the largest shift)
4. Service access Kevin indicated that there would be no dock, no ramp, just FedEx type delivery
5. Safety Kevin indicated that they have full perimeter video security 24 hours already. The narcotic room will be under its own security within the building.
The CEO read his recommendations and conditions asked to delete #3 condition, which he felt, was no longer necessary because the Applicant has addressed drainage issues.
Chair Montell read the Applicant s answers to the Review Criteria questions. The Board added to (f.) parking per City of Gardiner Zoning Ordinance Title 31, Chapter 7, Sec 3203 N. 2. H.
Pat Hart made a motion to approve the application with 2 conditions as provided by the CEO: 1. Applicant shall ensure adequate exterior lighting is installed and approved by the CEO prior to the commencement of construction; and 2. Applicant shall provide written approval from Gardiner Public Works and Gardiner Public Safety prior to building permit issuance. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8. Adjourn
Special meeting scheduled for Wednesday, April 24, 2002 at 6:00 PM
Deborah Willis made a motion to adjourn. Pat Hart seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Adjourned at 10:05 PM
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