PLANNING BOARD
Gardiner Planning Board November 13, 2002
City of Gardiner, Maine Regular Monthly Meeting 6:00 PM
ROLL CALL
Present: James Montell, Chair Deborah Willis Pat Hart Alfred Nisbet
Absent: Robert Moody (Alt)
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
Jason Gall Paula Quirion Lou Sidell
Doug Watts Joe Emerson Bob Billings
Carl Hansen Elaine Ogrodnik Joseph Quinn
Joseph Emerson
1.) Meeting called to order at 6:02 PM by Chair, James Montell
2.) Roll call taken.
3.) Consideration of the Minutes from the August 14, 2002 meeting.
Pat Hart made a motion to accept the August 14, 2002 meeting minutes. Alfred Nisbet seconded the motion.
Vote: 3 in favor. 0 opposed. 1 abstained (James Montell did not attend previous meeting). Motion passed.
4.) Proposal: Shorefront Construction (Dam Removal)
Applicant: Friends of the Kennebec Salmon and Gardiner Paperboard, Inc.
Location: 721 Water Street, Tax Map 33, Lot 86
Zoning: Central Business District, Shoreland Zoning, Floodplain Overlay
Ordinance Reference: Title 31, Chapter 7, Section 3202, F 6. 5
Chair Montell asked the Applicant to identify himself and to describe his proposal.
Douglas Watts said that he is President of Friends of Kennebec Salmon and also introduced Joseph Emerson of Gardiner Paperboard. Douglas said that in the interest of time, he would rather have Board members ask him questions.
Alfred Nisbet asked Doug what the dam had been used for. Joseph Emerson of Gardiner Paperboard said the water was used in the paper manufacturing process. Douglas indicated that it was in good shape. The State had checked it 3 years ago for any need repairs and there were none needed at that time. It is classified as a low hazard dam.
Alfred Nisbet asked Doug what the stream would look like after removal. Doug said it is a bouldery, fast flowing stream and would look the same.
Doug explained the funding 75% from the Federal Government and 25% from his organization. He also explained the permitting process that he has gone through and particularly the requirements for the Army Corp. of Engineers and the Maine Historic Preservation Commission.
Lou Sidell of the Maine State Planning Office addressed the Board. He said that the role of his office acts as a liaison between towns and the State and also to provide technical assistance. He explained the principles of floodplain management and how a proposal such as a dam removal relates to floodplain management and associated permit approvals and map revisions.
Pat Hart asked Lou if the dams upstream would be impacted by this removal. Lou said probably, he doesn t see it effecting more than he s indicated on the chart that was given to Board members.
Lou said he would be available for a workshop on the Floodplain Ordinance if the Board members desired. Chair Montell thanked Lou for coming.
Chair Montell read the Applicant s description of the proposal and responses to the Review Criteria.
Review Criteria a.
Pat Hart made a motion to accept Review Criteria a. with the condition that the Applicant or Applicant s Agent obtain all state and federal permit approvals. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Alfred Nisbet made a motion to accept Review Criteria b. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Alfred Nisbet made a motion to accept Review Criteria c. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Pat Hart 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. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Pat Hart made a motion to accept Review Criteria f. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria g.
Pat Hart made a motion to accept Review Criteria g. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
Deborah Willis made a motion to accept Review Criteria h with the condition that the Applicant or Applicant s Agent shall meet federal, state and local Flood Emergency Management Agency flood hazard development requirements. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Pat Hart made a motion to accept Review Criteria i. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Pat Hart made a motion to accept Review Criteria j. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Jeffrey Hinderliter said that the proposal was similar to uses in the neighborhood and it looks like the Applicants addressed safety issues.
Chair Montell asked member Pat Hart to read the Findings of Fact. The Board members noted that the date of the first public hearing should be corrected to read 10/9/02.
Pat Hart made a motion to accept the Application for a Conditional Use Permit to remove a dam with the following conditions: 1.) the Applicant or Applicant s Agent shall obtain all state and federal permit approvals; 2.) the Applicant or Applicant s Agent shall meet federal, state and local Flood Emergency Management Agency flood hazard development requirements. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Montell thanked the Applicant for coming and providing information.
5.) Proposal: Change of Use, Manufacturing to Warehouse/Distribution (Wholesale Business and Storage)
Applicant: J & R Associates
Location: 1 Commonwealth Street, Tax Map 28, Lot 68
Zoning: Planned Development
Ordinance Reference: Title 31, Chapter 7, Section 3202, F 4. 5
Chair Montell asked the Applicants to identify themselves and to present their proposal.
Paula Quirion introduced herself as the Agent for J & R Associates. She gave a history on the building and the repairs they have done. She referred to the traffic study they had done and said it showed that the traffic is less than what it once was when it was used as a mill.
Alfred Nisbet asked which way the vendors would enter the property. Paula said the main entrance is on Lions Avenue. The other exit is blocked off temporarily. They expect the tenants to follow the Traffic Ordinance and the City to police it.
Jeffrey Hinderliter said 1 recommendation of the study is to install a stop sign at Lions Avenue.
Chair Montell asked if anyone in the audience wanted to speak. Bob Billings, spokesperson for the Cherry Street and Griffin Street residents, spoke about their concerns about what is happening currently in the neighborhood with respect to traffic due to other business activities. There is a significant increase in traffic; 18-wheelers come through these two streets causing a dangerous situation. There are requirements limiting certain weight vehicles on those streets, but overweight trucks are not adhering to the restrictions and the rules are not being enforced. The two streets, Cherry Street and Griffin Street are being used and are not wide enough for most of the trucks and are not rated for their weight. The City
Council is addressing the issue. He asked that before anything else is approved that the Traffic Ordinance be updated to ban the trucks coming through those streets. E. J. Prescott has grown three times in the last few years. The neighbors have kept truck logs since July 2002.
Jeffrey Hinderliter noted that the traffic route requirements are in the City Code. Planning Board can only apply the Zoning Ordinance requirements to this Application. They don t have jurisdiction to apply the City Codes or have the enforcement authority to police the area.
Bob Billings said that J & R Associates have already widened the back driveway and pulled trees out. The neighbors are not opposed to a warehouse distribution center, but they do oppose any more traffic through their neighborhoods.
Joseph Quinn, a neighbor, indicated that if they closed off the entrance to Griffin Street gate it and lock it it would make it impossible for trucks to go through those streets.
Elaine Ogrodnik, a neighbor, said she has lived on Griffin Street for 25 years, when it was Commonwealth and then Carleton Woolen Mill. There were never 100 cars there. There was a lot of foot traffic. Now there is a lot more traffic. They have seen Mohawk Carpet trucks going through there now. These trucks, which bring the carpets, are 18-wheelers.
Carl Hansen said the trucks go through Cherry Street, Griffin Street to Commonwealth Street to Lions Avenue to get there.
Jason Gall said they could put up a temporary gate, but in his point of view, if trucks drive down through there, breaking the law, it is not his problem. He is willing to cut off traffic from Griffin Street and is willing to work with citizens, but the law should be enforced. He can put up signs, advise his tenants and gate Griffin Street entrance.
Jeffrey Hinderliter said it is the responsibility of the City s Legislative body, the City Council, to determine what rules are applicable and to ensure what rules are enforced.
Carl Hansen asked if the distribution center will be a 24 7 operation. Jason Gall said he is not sure, it s possible in the future. Paula Quirion said she doesn t envision leasing to one large tenant, they envision several small ones.
Pat Hart, a Board member, thanked the citizens for their input. She said she can appreciate their situation. The City is about to review a new proposed ordinance. She is willing to write a letter to the City Council about the problem the Board is facing in this situation.
Chair Montell asked the Planner/CEO if he had any comments. Jeffrey Hinderliter said that the proposed ordinance will address these issues in the future and offer citizens and the Planning Board more specific information on entrances and exits. Secondly, we are all caught in between this. The answer is with the City s Legislative body who makes the decisions and set the direction for the City. Chair Montell asked Jeffrey if he had received any correspondence relative to this application. Jeffrey said no.
Bob Billings said he and the neighbors are meeting with the City Council on November 21, 2002. There will be a 1st reading on the item to take out the 54 trailer exemption.
Elaine Ogrodnik asked what criteria is used in notifying neighbors. Jeffrey Hinderliter said the Ordinance requires legal notification in the KJ and to abutters within 100 or 200 . The proposed ordinance will expand the footage. Ms. Ogrodnik asked if when new businesses come to town, does the Board look at issues of neighborhoods or just the economic impact. Jeffrey Hinderliter said all issues are looked at. Pat Hart said the Board s role is to look at the uses of the land, how it fits in they don t consider economics.
8:26 PM Chair Montell closed the public hearing.
Jeffrey Hinderliter said this process formalizes a change of use from manufacturing to storage and distribution.
Chair Montell read the Planner/CEO Jeffrey Hinderliter s Memo. Jeffrey then clarified one of his comments in the memo reference the use of the building and separation vs. change of type of business.
Chair Montell read the Applicant s description of the proposal and responses to the Review Criteria.
Review Criteria a.
Deborah Willis made a motion to accept Review Criteria a. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Pat Hart made a motion to accept Review Criteria b. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Deborah Willis made a motion to accept Review Criteria c. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Pat Hart made a motion to accept Review Criteria d with the condition that the Applicant maintains the buffers and landscaping. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Pat Hart made a motion to accept Review Criteria e. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Pat Hart made a motion to accept Review Criteria f. Deborah Willis seconded the motion.
Vote: 3 in favor. 1 opposed. Motion passed.
Review Criteria g.
Pat Hart made a motion to accept Review Criteria g. Deborah Willis seconded the motion.
Vote: 3 in favor. 1 opposed. Motion passed.
Review Criteria h.
Pat Hart made a motion to accept Review Criteria h. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Pat Hart made a motion to accept Review Criteria i. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Pat Hart made a motion to accept Review Criteria j. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Deborah Willis said that she will write a letter to Chris Paszyc and to the Mayor concerning the struggle the Board has had with this issue.
Chair Montell asked Deborah Willis to read the Findings of Fact.
Pat Hart made a motion to approve the application with the following conditions, 1.) the Applicant shall ensure the proposal meets applicable American Disability Act provisions including, but not limited to, the parking lot layout; 2.) Existing buffer strips shall be maintained; 3.) Any division or expansion of the existing building for the purposes of accommodating additional occupancies shall receive applicable approvals before establishment. Deborah Willis seconded the motion.
Alfred Nisbet said the proposal is very vague as to what they are going to do.
Vote: 3 in favor. 1 opposed. Motion passed.
6.) OTHER BUSINESS
Pat Hart asked about the workshop on the proposed ordinance. Jeffrey said he will try to set that up and will contact the members.
7.) ADJOURN
Deborah Willis made a motion to adjourn. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
9:17 PM meeting adjourned.
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