PLANNING BOARD
Gardiner Planning Board April 16, 2003
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: Pat Hart Susan Crawford Edward Lawrence Allie Vigue
Absent: James Montell Deborah Willis
Bob Moody, Alternate
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
Louis A. Richard Stella A. Fucinni Isaac McLaughlin, Jr. Samuel A. Shaw, Jr. Sharilee Richards Robert Sproul
Bill Young Leroy Capen Kwan Panunto Michael E. Westort Pamela Mitchel Steve Roberge
1.) Meeting called to order at 6:08 PM by Pat Hart
Allie Vigue made a motion to appoint Pat Hart as Acting Chairperson. Susan Crawford seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
2.) Roll call taken.
3.) Consideration of the Minutes from the March 19, 2003 meeting and the March 17, 2003 Workshop.
March 19, 2003 meeting. Pat Hart is the only member here who was at that meeting. For the record, she noted that she saw no changes necessary. There was no vote.
March 17, 2003 Workshop. Allie Vigue made a motion to accept the minutes of the March 17, 2003 Workshop. Susan seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4.) ? Associated Grocers of Maine Renewal of Conditional Use Permit
? Proposing to expand an existing building to include 55,000 S. F. of warehousing space and 5,000 S. F. of office space
? 1000 Brunswick Avenue, Map 11, Lot 32
? Planned Industrial/Commercial Zoning District
? Title 31, Chapter 7, Section 3202, F 3. 7; F. 3. 16; F. 4. 5.
Jeffrey Hinderliter, Planner/CEO, explained the necessity of a renewal of a Conditional Use Permit for Associated Grocers of Maine. The one-year time frame had passed. The proposal has not changed so he did not think it was necessary to go into a lot of detail or to go through the Review Criteria only the Finding of Fact.
Acting Chair, Pat Hart asked the Applicant to introduce himself and to present his proposal.
Mike Westort, President and CEO of Associated Grocers of Maine introduced himself as the Applicant. He gave a brief overview of the project as documented previously. He indicated that under the new proposed ordinance, lighting is updated. He would like to adapt the lighting to the proposed ordinance standards when it is passed. Under the proposed ordinance, the maximum height for lighting increases. This would allow the lighting to be farther apart making fewer obstacles in the driveway and parking areas.
6:15 PM meeting opened to public hearing.
Bradford Dow, an abutter, asked to see the site plan. He has 130 acres of land and his property borders the Associated Grocers (AG) property. Steve Roberge, an engineer for AG showed Mr. Dow the plan. Mr. Dow was concerned that the proposal brought the addition closer to his property. The plan showed that, in fact, it went in the other direction.
6:17 PM Closed public hearing.
Allie Vigue asked about the new proposed standards for lighting. Jeffrey Hinderliter described the proposed new standards.
Acting Chair Hart asked the public if they had any problem with the Board skipping the reading of the Review Criteria. No opposition.
Jeffrey Hinderliter, Planner/CEO recommended a condition to be added to the proposal: the proposed exterior lighting plan shall be submitted and approved by the Gardiner Code Enforcement Office prior to the installation of the exterior lights.
Acting Chair Hart read the Finding of Facts.
Edward Lawrence made a motion to approve the Conditional Use Permit Application with the CEO s recommended condition, that the proposed exterior lighting plan shall be submitted and approved by the Gardiner Code Enforcement Office prior to the installation of the exterior lights. Susan Crawford seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Jeffrey Hinderliter, Planner/CEO explained that since Allie Vigue was the Applicant on the next two proposals, he would have to excuse himself from the Planning Board. This action would cause the situation of not having a quorum. He suggested that the Board could close the meeting and review these proposals as workshops.
Acting Chair Hart closed the meeting at 6:28 PM and excused Mr. Vigue.
6:30 PM WORKSHOP
Acting Chair Hart asked Mr. Vigue to present his proposal.
5.) ? Allie Vigue Conditional Use Review
? Proposing Wholesale Business & Storage Facility (Auction Barn) and an Accessory Use of Indoor Entertainment and Recreation
? Brunswick Avenue, Map 11, Lot 26
? Planned Development Zoning District
? Title 31, Chapter 7, Section 3202 F. 3. 10; F. 4. 5
Allie described former uses of the property known as Vagabond Village. It was originally Vagabond Campground. In the mid 1970 s it was used as a bar and recreational hall. In the 80 s, the buildings were used as apartments.
He would like to remove the two apartments and make an auction hall and recreation facility. Also, there are five trailer lots, the last one is vacant. He would like to move a trailer that exists on another portion of the property to the vacant lot to have all the trailers in one area. He also suggested putting up a stockade fence near the single-family house that exists on the property to give them their own area and parking separate from the auction hall.
Jeffrey Hinderliter stated that one of the primary concerns he has is the potential impact on abutting residential properties.
Stella Fucini, of the Weeks Road, was there because she read the ad in the KJ and thought the property listed on the agenda was near her property. It turned out that she mistook Allie Vigue s home address listed in the ad for the property in the proposal.
Jeffrey Hinderliter read the letter received from Donald and Patricia McLaughlin. They own a trailer park on the property next to this proposal. The concerns that they addressed were the public hearing date, which indicated March 19, 2003 on their letter and not April 16, 2003; loud or excessive noise after 10:00 PM; consumption of alcoholic beverages and conduct of the guests; and the need for a buffer between the proposed property and their property. Other than those concerns, they do not object to the change in use of the building.
Allie responded by saying that he has no intentions of the property becoming a bar or a Crystal Falls. He is not going to run a Friday and Saturday night dance. He envisions people using it for wedding receptions and those types of things. They would have to get a permit from the City to use it for that.
When notifying the abutters of the meeting, he photocopied the old letters and changed the date. He must have missed this one.
With reference to the buffer, he would prefer to put in trees such as hemlocks, but in the short term, he could place a stockade fence there.
The auctions usually run from 5:00 PM to 8:00 or 9:00 PM and clean up, with a crew of 3 people usually is completed by 10:30 PM.
Jeffrey Hinderliter asked how often the hall would be used in the evenings. Allie replied that during the selling season, Apr 1 Sep 1, one night a week. From Oct 1 Apr 1, every other week. Other than that, he needs to rent it 24 times a year to cover his expenses. He envisions that many wedding receptions will occur during the daytime and early evenings. Most would be over by 9:00 PM. He also envisions the hall to be used for events such as retirement parties. He does not think it would be used much from Sunday through Thursday.
Bill Young (representing the property directly across the street from the property in the proposal) said his concerns are: 1.) are you going to apply for a liquor license, are you going to be renting it out and what kinds of controls will you have over the people using the facilities now and 5 years 10 years down the road.
Allie Vigue said that he would control the activities by using rental agreements and stating time frames. He will need to obtain a liquor license in order to rent it out and the leasee be able to have liquor on the premises. A permit for the use of liquor on the premises would have to be gotten from the City by those renting it.
Bill Young also addressed the issue of additional traffic. It has increased considerably on Route 201 between the freeway and the Marston Road. There have been three fatalities on that stretch. Maybe the speed limit needs to be lowered. The more traffic and the addition of alcohol presents the potential for more accidents.
Pat Hart explained the Planning Board s responsibility in this matter and what the Planning Board has done in the past to alert Public Safety to these issues. Pat asked if this would require an MDOT Traffic Movement Permit. Jeffrey Hinderliter said he isn t sure.
Jeffrey said that something he has been working on in developing the Planning aspect of his Office and in the proposed Zoning Ordinance is to get the City to look at traffic as a whole. He also is hoping to establish a Code Review Committee who could look at many issues within the Ordinance. The proposed Ordinance has many more standards that reference traffic impact.
Allie asked Bill Young if there are about 80 members attending his Church? Bill said yes. Allie said the way he sees it, Bill s people are there on Sunday, Allie s are there on Saturday. Allie said there are some safeguards he can put in such as, cutting back the banking and widening the driveway for two-way traffic flow and a stop sign at the end of the driveway.
Pat Hart asked Allie if he was changing the egress from two to one? Allie said sort of. He explained issues with the culvert, etc. and said it is way out in his future plans.
Isaac McLaughlin Jr., who owns property on Stanley Lane, said he has lived there for over 25 years. He said that because of all the clear cut areas, the see the lights of the cars going in and out now and how will it be addressed with the additional traffic.
Allie said that he plans to plant cedar and hemlock, etc, which have branches all the way to the ground. Isaac said the property had that before it was clear-cut. It will take a while to grow, what kind of barrier will you use in the mean time? Allie said he would use 6 8 trees and hedges. Isaac asked if any of the music, (bands) would be outside. Allie said no no place for it. The grassy area will eventually paved.
Jeffrey Hinderliter asked what are the plans for the disposal of trash? Allie said he has a contract with Riverside Disposal and has a four-yard dumpster. He also has a tenant who is a lawn person who takes care of the property. Jeffrey Hinderliter asked what would the busiest week of the year be like. Allie said Thursday an auction, Friday a retirement party, Saturday a wedding and once in a while a daytime meeting or banquet is possible.
Jeffrey Hinderliter asked the Board how familiar are they with the site? He suggested a site walk. The Board members discussed it and scheduled a site walk for Friday, April 25, 2003 at 5:30 PM and will meet there at Vagabond Village.
Acting Chair, Pat Hart made reference to the abutter s comments. She said the Board appreciates the input. She noted the issues addressed were traffic, lights on abutting properties, liquor on the premises; hours of operation, noise and lights that spill over onto the abutting properties and beyond headlights.
Sharilee Richards, who lives on Stanley Lane, wants to see trees or some other kind of buffer. She also asked Allie for a copy of the plan. He gave her one.
6.) ? Allie Vigue Preliminary Plan Review
? Proposed Wholesale Business & Storage Facility
? 898 Brunswick Avenue, Map 11, Lot 26A
? Planned Development Zoning District
? Title 31, Chapter 7, Section 3202 F. 4. 5
Acting Chair Pat Hart read Agenda Item #6. She asked Jeffrey Hinderliter if when Allie comes back, would the proposal be reviewed under the current Ordinance or the new? Jeffrey said that Allie is locked into the current Ordinance. Pat asked is Allie would be obligated to submit a site plan. Jeffrey said the Board could recommend it.
Jeffrey Hinderliter introduced the proposal as three storage buildings and a 50 x 40 office facility. He said this is a Preliminary Plan Review.
Allie Vigue said all of the buildings would be saddle tan with green pitched roofs (5-12 pitch). They will have 14 foot walls, 3 doors 12 x14 facing into the lot, not to the abutters, etc. They will store cars, boats, campers, snowmobiles, etc. It will be back 35 from the property line. He plans to add a hedgerow of trees. He expects the items for storage to be brought in before Oct 1 and removed by May 1. The buildings will be thermally controlled.
Isaac McLaughlin, Jr. asked about the noise that the heating system might make. Allie said it was a hot water boiler - radiant heat, not totally silent, but quiet. Bill Young said they have the same type of system in the Church. You can hear it running if you are standing right beside the building, but can t hear it at all 15 out. Isaac said he could hear the refrigeration units click on at Associated Grocers in the summer from Stanley Lane.
Pat Hart asked what is proposed to be done to protect the stream? Allie said Maine Department of Environmental Protection has approved the proposal. He has to grass the area by May 1, 2003.
Isaac discussed the situation of the culvert on Stanley Lane. It washed out and the whole irrigation has been interrupted. They never had issues in the past until the land was clear-cut. Allie said he doesn t think anything he has done has caused problems on Stanley Lane, but he is willing to help take care of it. Pat asked if Allie and the neighbors could work this out. Both parties said yes.
Isaac asked about the lighting. Allie explained his plans. Jeffrey Hinderliter asked Allie if had considered lights on a motion sensor. Allie said he could do that. Jeffrey asked if the storage deliveries would be by appointment only or during a set time. Allie said his office will be there upstairs. He plans to have high-end antiques for sale downstairs. Deliveries could be made while the office is open or by appointment only. He doesn t plan to plow out the buildings except for the office during the winter months. Isaac asked Allie if he planned to store boats outside with poly covering. He said he didn t think so. Isaac asked Allie if he had to get a permit to cut the lot. Allie said an MDOT permit for the entrance, a permit for earth moving,
a DEP permit to cut vegetation and to re-establish 75 vegetation.
Jeffrey asked Allie if he had any elevation drawings for the storage buildings. Allie said he could show the Board pictures and he would have engineered drawings if the proposal is passed.
Jeffrey recommended to Allie things he might want to demonstrate on a site plan when he brings the proposal before the Board: road access - Route 201 and on-site access; buffering to residential properties, especially Stanley Lane, impacts to the stream and wet areas and stabilization of the soils.
Acting Chair Pat Hart thanked the public for their comments.
OTHER BUSINESS
7.) ADJOURN
8:06 PM workshop adjourned.
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