PLANNING BOARD
Gardiner Planning Board January 21, 2003
Regular Monthly meeting 6:30 PM
ROLL CALL
Present: James Montell, Chair Deborah Willis Pat Hart Bob Moody, Alternate
Absent: Alfred Nisbet
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
Peter Dixon Brian Hurley Ben Goodall Tom Purington
1.) Meeting called to order at 6:38 PM by Chair, James Montell
2.) Roll call taken.
3.) Consideration of the Minutes from the November 13, 2002 meeting.
Pat Hart made a motion to accept the November 13, 2002 meeting minutes. Deborah Willis seconded the motion.
Vote: 3 in favor. 0 opposed. 1 abstained (Bob Moody did not attend November 13, 2002 meeting). Motion passed.
4.) Conditional Use Application Review for PBB Enterprises
Proposal: 12 6 x 30 expansion of an existing sit-down restaurant
Zoning: Planned Development
Location: 390 Brunswick Avenue, Tax Map 23, Lot 6A
Ordinance Reference: Title 31, Chapter 7, Section 3202, F 3. 8. (Sit-down restaurant)
Chair Montell asked the Applicant to identify himself and to describe his proposal.
Peter Dixon said that he is the P in PBB Enterprises. Their plan is to expand the back right corner of the existing restaurant. The proposed plan would square the building up and add a handicap accessible bathroom. They plan to move some of the existing seating to the new area to allow room for the bathroom. They will not expand the seating.
Chair Montell asked the CEO if the parking was sufficient since there would be no additional seating. Jeffrey Hinderliter, Planner/CEO indicated that there would need to be ADA parking, but there appears to be enough parking for the seating area.
Chair Montell asked if the Planning/Code Enforcement Office had received any public comment either by letter or verbally concerning this proposal. Jeffrey said no.
Chair Montell asked the audience if anyone would like to address the Board. No one commented.
6:43 Chair Montell closed the meeting to public comment.
Chair Montell read the CEO s Analysis and asked him to further explain his comments on page 2 of the CEO s memo concerning non-conforming conditions. Jeffrey Hinderliter addressed the paragraph, describing the current proposal relative to the non-conforming lot size and structure and what is allowed under the ordinance. Chair Montell also asked Jeffrey about his comments relative to sewage disposal. Jeffrey said that there have been a lot of problems with the existing system. Although the Applicant has a great plan for a new sewage system, he has recommended that the Board may choose to require the proposed septic system be installed or proof that the existing septic system is legally functioning prior to the building re-opening. Chair Montell asked the Applicant his plans in this matter.
Peter said that they will put in the new system and will not use the old one.
Chair Montell read the Applicant s description of the proposal and responses to the Review Criteria.
Review Criteria a.
Pat Hart asked if a permit is required from the Fire Marshal s Office. The Applicant said they do need a permit, but that the Fire Marshal indicated that the inspection would occur after this meeting tonight. Jeffrey Hinderliter said that it is part of the permit process.
Pat Hart made a motion to accept the Applicant s response to Review Criteria a. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Pat Hart made a motion to accept the Applicant s response to Review Criteria b. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Bob Moody made a motion to accept Review Criteria c. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Deborah Willis made a motion to accept Review Criteria d. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria e.
Chair Montell indicated that the Applicant s response didn t quite address Review Criteria e. Jeffrey Hinderliter said that Review Criteria e isn t really applicable to this proposal. Chair Montell asked the Applicant if (as Review Criteria e of the Ordinance reads) the proposed use would create noise, vibrations, fumes, odor, dust, dirt, fly ash, glare, vapors, gases, smoke, litter, or excessive lighting, beyond the lot line of the proposed use? The Applicant, Peter Dixon, said no.
Pat Hart made a motion to accept the Applicant s response to Review Criteria e. with the Applicant s clarification. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Pat Hart asked about the need for a MDOT permit. Jeffrey Hinderliter said the location of the structure is not within MDOT s jurisdiction. It is within the Urban Compact Area, which is the jurisdiction of the City.
Bob Moody made a motion to accept Review Criteria f as read. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria g.
Pat Hart made a motion to accept the Applicant s response to Review Criteria g. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria h.
Pat Hart made a motion to accept the Applicant s response to Review Criteria h. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Bob Moody 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 the Applicant s response to Review Criteria j. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Montell read the Findings of Fact.
Pat Hart made a motion to accept the Application for a Conditional Use Permit with the two conditions recommended by the CEO: 1.) The sewage disposal shall legally function prior to meal serving; 2.) Parking shall meet applicable ADA 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.) OTHER BUSINESS
Jeffrey Hinderliter reviewed with Board members some of the standards in the new, proposed ordinance relative to subdivisions. Pat Hart asked about a workshop to review the ordinance. Jeffrey said that he would try to set that up and will contact the members for scheduling.
7.) ADJOURN
Pat Hart made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7:48 PM meeting adjourned.
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