PLANNING BOARD
Gardiner Planning Board May 8, 2002
Regular Monthly Meeting 6:00 PM
ROLL CALL
Present: Pat Hart, Acting Chair Christine Szigeti-Johnson
Alfred Nisbet Deborah Willis
Absent: James Montell, Chair Edmund Pelletier Robert Moody (Alt)
Also Present:Jeffrey Hinderliter, CEO Keith Edwards Susan Thomas Dana Nowell Nick Ramsdell Dino Grimaldi
Zach Magee Brad Freeman Neil A. Ward Ingrid Stanchfield
Dawna Gregoire Josh Gregoire
Becky Arbour Brad Hanley Bill Galbraith Nathan Galbraith
James Weaver Ian Marson
Gary Long Dustin McLaughlin Zach Emery Chris French
Sean McAvinue Pat McAvinue
Frank Klajbor Justin Klajbor Derrick Burns Joseph C. Galego Dr. John Van Summerin
1.) Meeting called to order at 6:05 PM by Board Members present.
Deborah Willis made a motion to appoint Pat Hart as Acting Chair in the absence of James Montell. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
2.) Roll call taken.
3.) Consideration of the Minutes from the April 10, 2002 regular meeting.
Christine Szigeti-Johnson brought up the issue that the April 10, 2002 minutes do not reflect a vote on her motion to rescind the 9:00 PM cut-off time for that meeting. She asked to have the minutes changed.
Vote: 4 in favor, 0 opposed. Motion passed.
Recording Secretary, Dorothy Morang, made a review of the tape recording on 5/13/02. The review revealed that after a motion was made by Christine Szigeti-Johnson to rescind the 9:00 PM cut-off time; a lengthy discussion occurred by Members of the Board, Applicants for Pine State and an abutter, George Trask, following which the Chair, James Montell moved on to Item 8 on the agenda with no vote.
4.) Conditional Use Application review for applicant Susan Thomas. Proposal: construction of a 12 x 28 foot deck within the Shoreland Zone. 16 Karen Drive, Map 22, Lot 54. Shoreland Zoning District. Title 31, Chapter 7, Section 3202, F 1. 7.
Acting Chair Pat Hart read the consideration. She asked the Applicant to give an overview of the proposal.
Susan Thomas described the proposal as a 12 x 28 foot deck on the back of her house.
6:08 PM Pat Hart opened the meeting for public hearing. No public comment.
Jeffrey Hinderliter, Planner/CEO indicated that the CEO Office had not received a copy of the newspaper ad and asked if they had it. Susan Thomas gave him a copy of the ad.
6:10 PM public hearing closed.
Acting Chair Hart read the Finding of Fact.
Acting Chair Hart read Review Criteria a. through j.
Review Criteria a.
Christine Szigeti-Johnson made a motion to approve Review Criteria a. with the additional words from the abutters property. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Alfred Nisbet made a motion to approve Review Criteria b. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Christine Szigeti-Johnson made a motion to approve Review Criteria c. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Deborah Willis made a motion to approve Review Criteria d. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Christine Szigeti-Johnson made a motion to approve Review Criteria e. Deborah Willis seconded the motion.
Vote: 4in favor. 0 opposed. Motion passed.
Review Criteria f.
Alfred Nisbet made a motion to approve Review Criteria f. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria g.
Alfred Nisbet made a motion to approve Review Criteria g. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
Christine Szigeti-Johnson made a motion to approve Review Criteria h. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Christine Szigeti-Johnson made a motion to approve Review Criteria i. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Christine Szigeti-Johnson made a motion to approve Review Criteria j. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Hart asked Jeffrey Hinderliter, Planner/CEO, if he would like to comment on his memo. Jeff said the Planning Board wouldn t see this type of application before them in the future when the new ordinance is passed. The CEO will review this type. He recommended to the Board that they add 1 condition to their approval. Condition: Adequate erosion control measures shall be in place prior to the commencement of construction.
Deborah Willis made a motion to accept the Conditional Use Permit with the condition that adequate erosion control measures shall be in place prior to the commencement of construction. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5.) Conditional Use Application review for applicant Boy s and Girl s Club of Greater Gardiner. Proposal: Outdoor Recreational Facility. 47 Maine Avenue, Map 37, Lot 153. Central Business Zoning District. Title 31, Chapter 7, Section 3202, F 1. 7.
Acting Chair Hart asked the Applicant to give an overview of their proposal.
Neil Ward from E.Pro indicated that he had been hired by the Boy s and Girl s Club of Greater Gardiner to permit this project. He said their intention is to remove 6 12 inches of river sediment on the back lot behind the railroad building. There had previously been a large coal shed on this lot that went out with the 1987 flood, leaving a cement slab in the ground. They plan to add a 1 pavement to two areas. One is for a basketball court and one for a skateboard park.
Christine Szigeti-Johnson asked if anyone could use the proposed area. Ingrid Stanchfield, Director of the Boy s and Girl s Club of Greater Gardiner said that the Boy s and Girl s Club is open to any youth in town. The proposed area would be open to anyone, but she hoped that they would become members and to register them so that they can have parent information, etc.
Pat Hart asked if there were age limits. Ingrid said no, but an adult must supervise kids under 10.
Christine Szigeti-Johnson asked if they could make the skateboard area softer. Neil Ward said no. He talked about the fact that it is in the floodway and the whole section is made land . The paving will actually be better than what is currently there because the water can go over it better. They plan to put up a 4 high, green plastic coated fence that will be attached to concrete sauna tubes. The fence can be removed very easily.
6:31 PM the meeting was opened for public comment.
John Van Summerin, MD, said he is very much in favor of the project. This will help keep the kids out of the road and the parking lot.
Sgt. Galego, Gardiner Police Department, said they have been working with the Department of Public Safety and have their full support of this. This will have the kids in one place, safe and supervised. They expect they will not receive so many calls from business owners after this is completed. He has talked with other police officers in other cities with this kind of a park and has heard nothing but positive comments.
Christine Szigeti-Johnson asked how many the area could hold. Neil Ward estimates about 30 40. Ingrid Stanchfield said there is almost an acre of land. Nick Ramsdell, one of the youth attending the meeting, said that the Augusta park is pretty small and they usually have around 10 skaters there at a time.
Vicki Grimaldi said that in Camden they have usually 20 25 at a time they skate for a while and then rest.
Alfred Nisbet asked if they had any ramps aimed towards the river. Ingrid said no.
Ingrid said that the Gardiner Board of Trade came to them with this issue and money, stating that the kids need a safe place to be in the community. She wanted to thank the Gardiner Board of Trade for seeing a problem and providing a way to fix it.
6:38 PM public hearing closed.
Christine Szigeti-Johnson moved that they accept, as part of the application, an addendum containing a Memorandum dated 5/1/02 and a Map dated 5/1/02. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Hart read the Finding of Fact.
Acting Chair Hart read Review Criteria a. through j.
Review Criteria a.
Alfred Nisbet made a motion to approve Review Criteria a. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Christine Szigeti-Johnson made a motion to approve Review Criteria b. Alfred Nisbet seconded the motion.
Pat Hart asked if an ambulance could drive down to the area. Ingrid said yes.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Jeffrey Hinderliter, the Planner/CEO noted that the hours of operation and lighting changed the response to Review Criteria c. in the addendum. He also recommends two conditions. The Acting Chair read the addendum relating to hours of operation and lighting.
Deborah Willis made a motion to approve Review Criteria c. as modified by the Memorandum dated 5/1/02 regarding site security and hours of operation and when they vote on project as a whole, to include the CEO s conditions of approval which are: 1. Any proposed exterior lighting shall be submitted to the Code Office prior to installation; 2. Hours of operation shall be established in accordance with the Memorandum dated 5/1/02. Christine Szigeti-Johnson seconded the motion.
Pat Hart asked Ingrid Stanchfield if she had any problems with the conditions. Ingrid said no. Pat asked the CEO if the park would be restricted to 6:00 PM. The CEO said dawn to dusk.
Deborah Willis amended her original motion to include any changes in the hours of operation shall be submitted to the CEO for approval.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Christine Szigeti-Johnson made a motion to approve Review Criteria d. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Jeffrey Hinderliter, Planner/CEO, reminded the Board that the Memorandum dated 5/1/02 addresses these issues. There will be two trash cans and no exterior lighting. Item one covers the lighting and Item 3 describes the exterior furnishings. Bathrooms in the building will be available during Boy s and Girl s Club hours. Skateboard Park Rules are also included.
Christine Szigeti-Johnson made a motion to approve Review Criteria e. as amended by Memorandum dated 5/1/02. Alfred Nisbet seconded the motion.
Vote: 4in favor. 0 opposed. Motion passed.
Review Criteria f.
Christine Szigeti-Johnson made a motion to approve Review Criteria f. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria g.
The CEO reminded the Board of the Memorandum dated 5/1/02, which changes the hours of operation to dawn to dusk.
Alfred Nisbet made a motion to approve Review Criteria g. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
The CEO referenced the 5/1/02 Memorandum, Item 3 which addresses furnishings and a 4 foot fence and Item 9 indicating the City s responsibility to remove the equipment in late Fall and replace it in early Spring.
Christine Szigeti-Johnson made a motion to approve Review Criteria h. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Acting Chair Hart referred the Members to Item 10 of the 5/1/02 Memorandum, which address the availability of bathrooms.
Alfred Nisbet made a motion to approve Review Criteria i. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Deborah Willis thanked the Applicant for the information on the vegetative erosion control.
Deborah Willis made a motion to approve Review Criteria j. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Christine Szigeti-Johnson asked whether or not they needed permission from the railroad because of the issues that arose previously with the Rail Trail.
Neil Ward said he spoke several times to the Maine Department of Transportation (MDOT) who owns the railroad. The Board asked Neil how far were the tracks from this area. He measured and determined it to be about 29 feet.
Christine Szigeti-Johnson asked if MDOT wanted a fence between the railroad and the park. Pat Hart indicated that all abutters, including them were notified and it was not brought up as an issue. Jeffrey Hinderliter indicated that the Rail Trail was in the MDOT right-of-way and this park is on Tuttle property.
Alfred Nisbet asked who will monitor the kids and ensure that they are staying away from the tracks. Ingrid Stanchfield said their staff will as they do now.
Acting Chair Hart read the CEO s Recommendations. The CEO added an amendment to his recommendations: Any change in the hours of operation will be approved by the CEO.
Deborah Willis made a motion to accept the application with three conditions: 1. Any proposed exterior lighting shall be submitted to the Code Office prior to installation; 2. Hours of operation shall be established in accordance with the Memorandum dated 5/1/02; 3. Any changes in the hours of operation shall be approved by the CEO; and any changes to the application made by the 5/1/02 Memorandum and were noted by the Board during acceptance of each individual Review Criteria in the application. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6.) OTHER BUSINESS
Jeffrey Hinderliter said that they hadn t received the other 2 copies of the Mattson amended subdivision mylar yet. The Board will need to sign the other 2 copies.
Jeff said the Comprehensive Plan Review & Implementation Committee members would be going on a tour of the City next Wednesday, May 15, 2002.
7.) ADJOURN
Deborah Willis made a motion to adjourn. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7:22 PM Meeting adjourned.
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