PLANNING BOARD
Gardiner Planning Board July 10, 2002
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: Pat Hart Alfred Nisbet Deborah Willis
Christine Szigeti-Johnson
Absent: James Montell, Chair Robert Moody (Alt) Edmund Pelletier
Also Present: Jeffrey Hinderliter, Planner/CEO
Craig Boone Richard Daniel James Ferrari Sr. Kristen Chapman
Mark Pazdziocko Raymond Canney William Lovely
1.) Meeting called to order at 6:06 PM by Pat Hart.
Deborah Willis made a motion to appoint Pat Hart as Acting Chair. 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 June 12, 2002 meeting.
Pat Hart indicated that a reference to her address was incorrect. It is 34 High Holborn Street.
Deborah Willis made a motion to accept the June 12, 2002 meeting minutes with the modification. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4.) Conditional Use Application review for applicant Richard Daniel. Proposal: to construct a 3,500 S. F. building for use of Automobile Repair Facility within a Planned Development Zoning District. 1024 Brunswick Avenue, Map 7, Lot 7. Title 31, Chapter 7, Section 3202, F 3. 14.
Pat Hart asked Mr. Daniel to give a description of his plan. He introduced Craig Boone, an architect, who assisted in the design of the proposal. They showed a sketch of the current property and the separate addition. The new building will have doors that open toward the current building. They will not be disturbing the existing trees or shrubs. There will be one additional light on the gable end to match existing lights. The exterior of the building will match the existing building. They have an approved Fire Marshal Permit.
Pat Hart read the description that the Applicant provided.
6:17 PM meeting opened for public comment.
Ray Canney, an abutter, commented that Richard Daniel s business has been outstanding. He would recommend that the Planning Board grant the permit. He said that the property is well kept. His only concern is, because of the nature of the building, there is somewhat of a risk factor with leaking solvents, fluids, etc. and his well is down hill from the property. He indicated that there has never been a problem, but wanted to ensure that prevention has been considered, as it is an expansion.
Richard Daniel explained the process that he uses to contain the liquids and change them into solids. He also explained the process he uses in the paint shop to purify the air. He also stated that any work involving automobile fluids as well as the initial assessment of the work to be done would be processed in the existing building. The new building would be used for bodywork only.
6:31 PM public hearing closed.
Acting Chair Hart read the Applicant s responses to each of the Review Criteria.
Review Criteria a.
Deborah Willis made a motion to accept Review Criteria a. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Deborah Willis made a motion to accept Review Criteria b. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Christine Szigeti-Johnson made a motion to accept Review Criteria c. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Christine Szigeti-Johnson made a motion to accept Review Criteria d. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Alfred Nisbet made a motion to accept Review Criteria e. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Christine Szigeti-Johnson made a motion to accept 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 accept Review Criteria g. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
Alfred Nisbet made a motion to accept Review Criteria h. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Alfred Nisbet made a motion to accept Review Criteria i. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Alfred Nisbet made a motion to accept Review Criteria j. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Hart read additional information submitted by the Application. She also read the Finding of Fact. The Board members asked about handicap parking. Mr. Daniel said there is one handicap parking spot. He just needs to stripe it out.
Alfred Nisbet made a motion to accept the Finding of Fact. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Alfred Nisbet made a motion to accept the application with one condition: Applicant shall establish one van accessible handicap parking space prior to building occupancy. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5.) Conditional Use Application review for applicant s William and Anette Lovely. Proposal: (1) to construct a 48 x 100 warehouse and business office; (2) to construct a 16 x 48 addition to an existing warehouse within a Planned Development Zoning District. 589 Brunswick Avenue, Map 19, Lot 2A. Title 31, Chapter 7, Section 3202, F 4. 5. & 3. 7.
Pat Hart asked if the two proposals should be considered separately or together. Jeffrey Hinderliter said they could be considered together.
Pat asked the Applicant, Bill Lovely, to describe his proposal.
Jeffrey Hinderliter mentioned the Addendum and notes and items left off the plot plan. They had been prepared and were supposed to be mailed to the Board members, but the mail did not go out. He recommended that Pat check with the abutters and if it s ok with them, the Board members should vote to accept the Addendum.
Bill Lovely described his new building and addition. He said that the new tenant, after the first month, would be using box trucks and there would be no back-up beeping because they are personally owned vehicles. Saturdays would be an hour and a half operation. He said that the unloading would be inside. He described the vegetation, which includes a red maple tree.
Bill also reviewed his plan to add an additional side exit for small vehicles. A discussion occurred because the property currently has one entrance and one exit. The Ordinance only allows 2 access points regardless of the number of businesses on a property. After a review of the Ordinance and discussion, the Applicant asked to amend the amended map (addendum) to eliminate the driveway directly in front of the new building. He is going to put 1 sign that will include all of the business names on it.
Bill is in the process of getting Department of Environmental Protection (DEP) approval for parking due to the wet areas, so he has not submitted a parking plan. If the Board agrees, he would accept a condition that he would bring a satisfactory plan to the CEO after the DEP meeting. The Board would have to determine which parking standard they want to impose.
Bill said the building is a mirror image of the existing building. He plans to dress up the front of the building and move the bay doors to the inside area.
Acting Chair Hart asked the audience if they had any objection to accepting the Addendum labeled Phase A and notes. There was no objection.
Alfred Nisbet made a motion to accept Phase A Addendum with notes. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Jim Ferrari, an abutter said that he is the closest neighbor and the parking lot faces his bedroom. He said he can t think of a better neighbor. He completely supports the project.
7:34 PM closed public hearing.
Acting Chair Hart read the Applicant s responses to each of the Review Criteria.
Review Criteria a.
Alfred Nisbet made a motion to accept Review Criteria a. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Alfred Nisbet made a motion to accept Review Criteria b. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Alfred Nisbet made a motion to accept Review Criteria c. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Alfred Nisbet made a motion to accept Review Criteria d. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Christine Szigeti-Johnson made a motion to accept Review Criteria e. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Deborah Willis made a motion to accept Review Criteria f noting that we are returning to the entrance and exit plan as provided in the original application, eliminating the driveway that was added with the Addendum and to use parking standard h, which is one space for each person employed or anticipated to be employed on the largest shift and the Applicant will work out the parking plan with the CEO. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria g.
Christine Szigeti-Johnson made a motion to accept Review Criteria g. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
Christine Szigeti-Johnson made a motion to accept Review Criteria h. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Alfred Nisbet made a motion to accept Review Criteria i. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Alfred Nisbet made a motion to accept Review Criteria j. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Hart read additional information submitted by the Application. She also read the Finding of Fact.
Christine Szigeti-Johnson made a motion to accept the Finding of Fact. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
The Board reviewed the CEO s recommendations for conditions. Planner/CEO Jeffrey Hinderliter suggested some alterations to them in view of the amended Phase A site plan with attachments.
Alfred Nisbet made a motion to accept the amended application with four conditions; 1.) Parking Plan to be established in accordance with Title 31, Chapter 7, Section 3203 N. 2. h. of the Gardiner Zoning Ordinance. Plan shall be submitted to the CEO prior to building occupancy; 2.) Only approved wastewater shall be discharged into the public sewer; 3.) A maximum of 2 access points is permitted; and 4.) Applicant should continue to provide beautification to the property while not compromising visual effectiveness, functionality and safety to proposed use. Christine Szigeti-Johnson seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6.) OTHER BUSINESS
Jeffrey Hinderliter recommended that the Board members get their comments for the Board of Appeals concerning the Apostolic Faith Ministry appeal by July 11, 2002 to that they can be sent to the Board of Appeals members and the Appellants.
Deborah Willis asked if the comments could be put together. Jeffrey said that if everyone agrees that the document speaks for each member s reason for cause for denial and is comfortable with it, then it would be ok.
Deborah will e-mail each member and bring a copy to the CEO Office July 11, 2002 for each member to come in and sign.
Jeffrey informed the members that the new ordinance is complete and ready for public hearing.
Jeffrey also indicated that there are two new potential members for the Planning Board. The Mayor has been given their names.
Pat Hart thanked Jeffrey for all the work that he has put into the new ordinance.
Christine Szigeti-Johnson suggested that in the future, a copy of the Review Criteria statements be made available for the audience and to also clarify criteria e. as above ground and i. as below ground. Jeffrey said that those issues are all addressed in the new ordinance. She also asked that the lots in the applications be hi-lighted.
7.) ADJOURN
Deborah Willis made a motion to adjourn. Alfred Nisbet seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
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