PLANNING BOARD
Gardiner Planning Board March 19, 2003
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: James Montell, Chair Deborah Willis Pat Hart Bob Moody, Alternate
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
James Canon Gene Bourgault Jr. Betty Bailey Daniel Bailey
Peter Giampetruzzi Bob Gashlin
Allie Vigue Sue Crawford Ed Lawrence Mark McLaughlin Thomas I. Plourde Sharilee Richards
Bryon Richards Harold Warren Jon Stanley Isaac C. Mclaughlin Jr. Samuel A. Shaw Jr. Elliot Thayer Bob Clunie
John Bobrowiecki
1.) Meeting called to order at 6:06 PM by Chair, James Montell
2.) Roll call taken.
3.) Consideration of the Minutes from the February 19, 2003 meeting and the February 28, 2003 Cobbossee LLC site walk.
Bob Moody made a motion to accept the February 19, 2003 meeting minutes and the February 28, 2003 Cobbossee LLC site walk minutes. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4.) Riverview Credit Union Conditional Use Review
Proposing to establish a Drive-In Bank within an existing building
35 Bridge Street, Map 37, Lot 102
Central Business District
Title 31, Chapter 7, Section 3202, F 3. 9
Chair Montell asked the Applicant to identify him/her self and to describe the proposal.
John Bobrowiecki introduced himself and the other owners. He explained that they had met with the Planning Board on February 28, 2003 for a site walk of the property. It was very helpful to them and he believes the engineers have addressed the issues that were brought up concerning the site. He asked Elliot Thayer, an engineer who has done most of the hands on work on the project, to further explain the project.
Elliot Thayer went over the modifications that they have made to the original plan. They have expanded the site plan to show the entire property including Cobbossee Stream, Bridge Street, Hannaford Bros., and Maine Avenue. He addressed parking and the curb stop along the parking to prevent cars from driving thru and 1 speed bump that will be added. He is also adding Do Not Enter signs on both sides of the aisle and at the bottom of the driveway, a stop sign and stop line on the pavement. They will add one new light pole on the southeast corner and one within the canopy at the remote teller site. There will be guardrails on the East Side of the parking area that will continue along the southeast area. Elliot addressed
the drainage issue. Due to the snow cover on the site, there will have to be more done in reference to the drainage once the snow is gone. They will ask for a conditional approval subject to CEO approval of any requirements before construction begins.
Chair Montell read the Applicant s project description.
6:25 PM meeting opened to Public Hearing
James Canon, representing Hannaford Bros., addressed the Board. He wanted to know if the prior meetings concerning this project had been posted. Jeffrey Hinderliter said that they were all advertised in the KJ and Hannaford Bros. was also notified along with the other abutters by registered letter. Mr. Canon had concerns about the development. He spoke about Dunkin Donuts, that it was put in without permits from MDOT. He also had concerns about the traffic given the slope and was concerned any additional traffic will create additional problems. He said the proposed stop line is on Hannaford s easement and they had not been consulted about it yet. He asked if the parking ratio was adequate. Jeffrey Hinderliter,
Planner/CEO said yes, they have proposed 4 above the required amount. Mr. Canon asked if they would be required to landscape the area, as Hannaford Bros. had been required to do? Peter Giampetruzzi explained the landscaping that they were planning to do around the perimeter of the property. Some of it is planned to be done in conjunction with the City as they are planning to give an easement to the City for a boardwalk on the Cobbossee Stream side. Mr. Canon asked about a fence along the retaining wall. Daniel Bailey said if it was required, they would. Bob Moody asked who owns the current retaining wall and why are there holes in it is it for the water to drain. Mr. Canon said Hannaford Bros. owns it and he isn t sure why there are holes in it. Jeffrey Hinderliter clarified the fence issue. He said it depends on the height of the retaining wall whether it requires a fence or not. Mr. Canon said that Dunkin Donuts has put
the traffic into question from both Bridge Street and Maine Avenue and any additional traffic on site without doing something about it would be very disappointing.
Chair Montell went over each of the issues Mr. Canon addressed to ensure that he was satisfied with the answers. On the issue of Dunkin Donuts and traffic the Planning Board members did not remember the issue of a MDOT permit being mentioned. Jeffrey Hinderliter will check this issue out. Jeffrey said that he had requested the Applicant provide three days traffic data with a similar sort of mixed use occupancy. The Applicant used the Topsham satellite Dunkin Donuts, which is similar to the situation in Gardiner. Jeffrey said that the Applicants should consult with the owner in reference to any improvements to the right-of-way.
Jeffrey Hinderliter addressed three areas of concern that he recommended the Planning Board consider:
1. To ensure that if there is any surface water drainage, it not effect abutting property owners and the Applicants have secured easements from the property owner. He said he feels comfortable that this issue is being taken care of because of note 4 on the plan that says that the plan will be conditional subject to Code Office approval.
2. Traffic problems the Applicant has provided a study in more detail than Dunkin Donuts traffic study.
3. Stop line & stop sign in right of way it has been a difficult intersection, not clearly marked. Applicant has provided things to make it as safe as possible.
Bob Moody asked the Applicant if there has been any communication between Hannaford Bros. and Cobbossee Leasing LLC? John Bobrowiecki said early on there was, but they had not consulted them about the stop sign & stop line on the right of way. Bob asked Mr. Canon why he hadn t brought up this issue before. Mr. Canon said he did talk with Mr. Bouley/Dunkin Donuts. John Bobrowiecki said Cobbossee LLC didn t own the building when Dunkin Donuts moved in.
6:55 PM Pat Hart moved to close the public hearing. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pat Hart requested that all parties stay in case the Board members have questions.
Chair Montell had the Applicant s responses to the Review Criteria read and each Review Criteria was voted on.
Review Criteria a.
Deborah Willis made a motion to accept the Applicant s response to Review Criteria a. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Bob Moody 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. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria d.
Pat Hart made a motion to accept Review Criteria d as written by the Applicant. 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. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Pat Hart made a motion to accept Review Criteria f. Bob Moody 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.
Bob Moody made a motion to accept Review Criteria h. Pat Hart seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria i.
Deborah Willis made a motion to accept Review Criteria i. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria j.
Pat Hart made a motion to accept Review Criteria j. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Montell read the Findings of Fact.
Bob Moody made a motion to grant the Conditional Use Permit with three (3) conditions: 1.) Planning Board requires Applicants contact the State of Maine Division of Transportation in order to determine if a traffic movement permit in accordance with Maine State Statute, Title 23, Section 704-A is necessary; 2.) Location of proposed stop line shall receive approval from all parties associated with ownership of the east/west right of way (row) exiting/entering onto Maine Avenue; and 3.) Install and maintain a buffer strip along the perimeter of the proposed parking area. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Montell thanked the Applicant for coming and providing information.
7:41 PM Chair Montell called for a 5 minute meeting break.
7:50 PM Chair Montell called the meeting back to order.
5.) Maine RSA #1, Inc., d/b/a US Cellular
Proposed installation of additional antennas to an existing communication tower
83 Libby Hill Road, Map 7, Lot 20C
Rural Residential District
T. 31, Chapter 7, Section 3202, F. 3. 18
Chair Montell asked the Applicant to identify him/her self and to describe the proposal
Bob Gashlin spoke on behalf of this application. They are proposing to add a 12-paneled antenna to the existing tower on the Libby Hill Road. There will be no change in height, footprint or additional lighting. He showed a drawing demonstrating the rack to be added to the tower. He said it will take about a day or so to install and it is consistent with permitted use in that area and the surrounding area. He explained the new panel antennas with rack (new technology) opposed to the whip antenna.
Deborah Willis disclosed that she has a US Cellular plan but can be impartial.
7:54 PM meeting opened to Public Hearing. No public comment.
7:55 PM meeting closed to Public Hearing.
Chair Montell had the Applicant s responses to the Review Criteria read and each Review Criteria was voted on.
Review Criteria a.
Pat Hart made a motion to accept Review Criteria a. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria b.
Deborah Willis made a motion to accept Review Criteria b. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria c.
Pat Hart made a motion to accept Review Criteria c. Bob Moody 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.
Pat Hart made a motion to accept Review Criteria e. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Review Criteria f.
Deborah Willis made a motion to accept Review Criteria f. Pat Hart 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. 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.
Deborah Willis made a motion to accept Review Criteria j. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
Chair Montell read the Findings of Fact.
Pat Hart made a motion to grant the Conditional Use Permit as submitted. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6.) Area Leasing and Development
Proposed 3 Lot Subdivision
Marks Road/Brunswick Avenue; Map 16, Lot 5
Planned Development
Title 31, Chapter 31 (Subdivisions)
Chair Montell asked the Applicant to identify him/her self and to describe the proposal.
Harold Warren introduced himself as the owner of the property. He said there is an existing subdivision on Marks Road. He has approximately a nine-acre parcel that he wants to subdivide into three lots to use as a business park. He currently has one business on it and has a buyer for lot 2.
Jeffrey Hinderliter reviewed his memo with the Board.
Harold Warren said the City had approved the road and the Planning Board had approved all this in 1985 and a MDOT traffic study had been done in 1980. He said the Gardiner Water District wants them to extend the water line to lot 3, it is already to lot 2. He also reminded the Board that any buildings would have to come to the CEO anyway for approval. He also said Marks Road will belong to the City when it is paved.
Jeffrey suggested to the Board that this proposal could be looked at as either a comprehensive 3-lot subdivision where the Board would look at overall specifications and performance standards for the three lots or as a minor subdivision and address basic issues such as road, sewer etc. and let the buyer get the permits and deal with the specific details.
Harold Warren said that he built a residential development on the Libby Hill Road and the City came in and built a large business park right beside it.
Mr. Plourde, an abutter to lot 2 said he has no problem with it being commercial. He wanted to know how far would they have to stay from his property line. Jeffrey Hinderliter said a minimum of 25 , although the Planning Board could add requirements such as a 35 vegetative buffer to protect the abutters privacy.
Mr. Plourde said there is a stream that goes between the two pieces of land. Also, when they destroyed the old school, they dumped all the debris on lot 2. There is asbestos there. What s going to be done with that?
Mark McLaughlin, an abutter, asked what is going to be put in there or will they have to come back at a later date to see what is being proposed.
Harold Warren said that he tore down the school. He sold the brick to another company. There might be a few bricks still in there. A study was done of the school and any asbestos was removed before it was torn down.
Allie Vigue said that he was the Chair of the Comprehensive Plan Committee. He said the proposed use is Planned Development, which permits mixed use.
Jeffrey Hinderliter suggests that to alleviate abutters concerns, the Planning Board could propose a 35 50 buffer of mature trees, which already exists there. He said it is up to the Planning Board as to whether they want the Applicant to make a minor modification to minimize abutter impact. He suggested that maybe a site visit would help the Board to determine which direction to go with this plan. Mr. Warren could then bring a final plan back to the Board for approval.
8:54 PM Pat Hart made a motion to close the Public Hearing. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pat Hart said that there are specific procedures in the Ordinance concerning a preliminary plan approval then submitting a final plan. She suggests that the Board follow the Ordinance procedure. She would ask that Mr. Warren complete a preliminary plan and update material if out of date.
Deborah Willis asked what does the Special Exception listed on the original subdivision plan mean? For a lifetime or are there time limits? Does it run with the land?
Jeffrey Hinderliter will try to locate that information. Pat Hart asked if he would also find out what it means to this proposal if time hasn t expired does it still apply.
Pat Hart made a motion to table this item to give Mr. Warren time to gather information needed based on the Subdivision Criteria. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
A date was set up for the site walk for Monday, April 7, 2003 at 5:30 PM
OTHER BUSINESS
The next regularly scheduled date for the Planning Board is April 16, 2003.
7.) ADJOURN
Deborah Willis made a motion to adjourn. Bob Moody seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
9:10 PM meeting adjourned.
| 
