PLANNING BOARD
Gardiner Planning Board May 21, 2003
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: James Montell Deborah Willis Pat Hart Pamela Mitchel Susan Crawford
Edward Lawrence Allie Vigue
Absent: Bob Moody, Alternate
Also Present: Jeffrey Hinderliter, Planner/CEO
Dorothy Morang, Planning Board Recording Secretary
Robert Moody Laura Fairbanks Isaac McLaughlin, Jr. Isaac McLaughlin John Fairbanks Astrid Walter
Katherine Child Linda Cool Duane Cool
1.) Meeting called to order at 6:02 PM by Chairperson, James Montell
2.) Roll call taken.
3.) Motion to approve the minutes of the April 16, 2003 meeting was made by Allie Vigue. Seconded by Susan Crawford.
Vote: 4 in favor. 0 opposed. 2 abstentions (James Montell & Deborah Willis). Motion passed.
Motion to approve the minutes of the March 19, 2003 meeting was made by Pat Hart. Seconded by Deborah Willis.
Vote: 6 in favor. 0 opposed. Motion passed.
6:05 PM Ed Lawrence arrived.
Allie Vigue, Applicant for the next Conditional Use Review Permit, excused himself from the Board for this item.
4.) ? Allie Vigue Conditional Use Review Permit
? Proposing to establish a Wholesale Business & Storage and Indoor Recreational Facility (Auction Barn) and an Accessory Use of Indoor
? Brunswick Avenue, Vagabond Village, Map 11, Lot 26
? Planned Development Zoning District
? Title 31, Chapter 7, Section 3202 F. 3. 10 & 4.5
Jeffrey Hinderliter, Planner/Code Enforcement Officer, reviewed the previous meetings held in reference to this proposal and clarified that this proposal is only associated with Vagabond Village (Auction Hall and Events Building) and does not include the proposed storage buildings.
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 has received the Fire Marshal Permit.
He would like to remove the two apartments and make an auction hall and recreation facility. He also plans to expand the parking lots and add buffers. He talked with his neighbor to the South, the McLaughlins, and they have agreed that Allie would plant trees as a buffer on their property rather than on Allie s to create a buffer. The McLaughlin s property is much higher than Allie s and Allie would have to plant 20 trees if he placed them on his property. Allie showed on a drawing where the various parking is planned. He indicated that for now, the driveway and parking will be road surface gravel, but he plans to pave it in the future. The parking is planned to hold 150 cars, but expects on average, 75. The property has a natural slope of about 4 to 10 to provide
for drainage. One trailer has been moved out and he plans to move the trailer that is currently sitting on this property to the vacant lot in the trailer park.
The building is L-shaped, 1 section 80 x75 and the other is 24 x65 . He plans to use it for auctions and rent it out for weddings, retirement parties, etc. He plans on obtaining a State Bottle Club License, but will not have alcohol stored on site. Anyone renting the hall would have to apply to the City Council for a permit to bring alcohol on site. He expects all functions within the hall to be over at the latest, 10:00 PM.
James Montell brought up traffic as a concern. Allie said he does not expect all of the people to arrive at one time or leave at the same time. Jeffrey Hinderliter was asked about the requirement for a MDOT Traffic Flow Permit. Jeffrey said one is required if there is more than 100 vehicle trips coming and going from the site at peak hours. James Montell asked about the line of site. Allie said that was not a problem, but the passing lane has created some issues for some time. He has inquired of MDOT about this. Deborah Willis asked about widening the driveway. Allie said because it is an MDOT ROW, the maximum he can widen it is 20%. It is currently 14 and he could add another 3 . Deborah asked Jeffrey if there are rules in the Ordinance about this. Jeffrey said not unless it is in the Shoreland Zone or Subdivision Ordinances.
6:37 PM meeting opened to public hearing
Isaac McLaughlin, who lives on Stanley Lane, said he is concerned with noise. He was familiar with Vagabond Village and the activities of the past. He is also concerned about functions where alcohol will be had. He mentioned the water problem and erosion caused by clearing the vegetation from the land between Vagabond Village and Stanley Lane. There is more run off and it flows toward Stanley Lane. He mentioned the number of fatalities on that stretch of road in the past few years.
6:45 PM No other public comment, meeting closed for public comment.
Pat Hart asked that comments from abutters from the April 16, 2003 Workshop be made part of the record.
Pat Hart asked Jeffrey if the State Fire Marshal s Office inspects the building after issuing their permit? Jeffrey said the CEO does along with the Fire Chief.
James Montell asked Jeffrey Hinderliter if there is further information needed to be provided for this project. Jeffrey said there are no specifications in the application to support the standards. He offered the following as information needed to be provided:
1. Buffers location, description
2. Entrance/Exit Width
3. Vehicular parking lot layout
4. Projected vehicular generation
5. Storm water drainage plan
6. Light pollution mitigation plan
7. Revised Review Criteria
8. Parking lot lighting
9. In writing boundaries in which Allie can develop his lot
Jeffrey suggested that the Board could grant the Conditional Use Permit with a condition to have the CEO work with the Applicant to address these issues if they so choose.
Pat Hart asked when the MDOT Traffic Flow Permit is necessary. Jeffrey answered her question. Deborah Willis asked if one was necessary at buildings such as the Gardiner Sportsman s Club, etc.
Jeffrey Hinderliter said the building code and Fire Marshal permits limit building occupancy. One way to limit parking/cars is to limit the number of occupants or require the Applicant to get a MDOT license. The Board can condition the Conditional Use Permit (CUP) to do this. Allie said the first auction he had 150 people, the most has been 156. Jeffrey said the condition could limit the number of cars to under 100 vehicle trips per hour and if it goes over, the City can revoke the CUP and require the Applicant to get a MDOT Permit. Pamela Mitchel said it sounds like, to make the business profitable, Allie would need the permit. A Board member asked about the cost for the permit. Jeffrey said it costs about $10,000. +. Susan Crawford asked if the Board restricts the
vehicle number to 75, who governs it. Jeffrey said we would have to put our trust in the Applicant to limit it. James Montell said they could grant this Application with no restrictions and if problems arise, the Board can re-look at it.
Jeffrey Hinderliter suggested they could table the item for a month and he could work with the Applicant to develop the information needed for the Board to make a decision. Pat Hart asked if the Applicant is willing to do this. Allie said it had been three months already it would be ok. Jeffrey stated again, the items to be addressed.
Pat Hart made a motion to table the Application for a future meeting and ask the Applicant to address the items the CEO read. Deborah Willis seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
7:23 PM Allie Vigue returned to the Board.
5.) ? Laura Fairbanks Conditional Use Review Permit
? Proposing to establish a Home Occupation, Subcontractor for Construction Flagging
? 25 Harrison Avenue, Map 36, Lot 190
? High Density Residential Zoning District
? Title 31, Chapter 7, Section 3202 F. 2. 8
Applicant Laura Fairbanks addressed the Board. She said it was a flagging/security business. She moved it to Gardiner three weeks ago. Currently the crews bring in paperwork after 6:00 PM. Wednesday is payday. She is currently making some changes so that the paperwork can be turned in at the work site and the paychecks are delivered at the work site.
James Montell asked if the abutters had been notified. Applicant Fairbanks said she wrote a letter to them and included the notice of public hearing. An abutter, Mr. Cool, verified receiving this documentation. James asked if she owned the property or was renting. Laura said renting but is in the process of buying it. James asked if she works in the home all day. Laura said yes, except for about 20 trips to the grocery store. Jim asked how many employees she had. Laura said about 70, with 8 foremen. Jim asked how many worked at the office. Laura said 1 full time and the foreman come to the office for meetings.
Chairperson, Montell, read the CEO s Memo.
Pat Hart asked how many cars come there. Laura said 8 and on Wednesdays, 15. Laura said she is trying to work out the process and they have been having safety meetings on the Gardiner waterfront every other Saturday. On Sunday they had a foreman meeting with 12 people. If there is a problem with this, they can use the landing. Susan Crawford asked how many people could park in your driveway. Laura said 8. Jim Montell asked how many trips per day. Laura said less than 20. She has four vans and she loads them. Jim asked if the vans are parked at the home during the day? Laura said No. Laura says she leaves her home at 4:00 AM and her employee arrives at 8:00 AM.
Jeffrey offered a letter received from Patricia Grant to the Board and the public and asked if the Board would like to enter this on record. Chair Montell accepted and read the letter received from Patricia Grant, who lives on Fountain Street. She had concerns about the traffic and parking on the side of the road and lawns. Jeffrey said he received a phone call basically reflecting the same information as Mrs. Grant mentioned.
Robert Moody (testified as an abutter), who lives at 33 Harrison Avenue, said he has witnessed the same as Pat Grant has. He said he encourages businesses to come to Gardiner, but the traffic makes it dangerous at times. The house sits at the bottom of an incline. He said cars come there before 7:00 AM and last night he observed activity still going on at 6:45 PM. He said this is not the place for it. They need another place to have the office, such as downtown. He said they have been running this business out of the home for several weeks without a permit.
James Montell asked Bob how many years he has lived there. He said 38 and there is more activity there now than ever. It is a fairly narrow street, approximately 30 wide. It is safe for two cars to pass and that is it. Jim asked Bob if it has created a negative impact. Bob said children walk to and from school and he had the crosswalk moved to the top of the hill. Bob said it is a negative impact. Bob mentioned that when he has family over, they sometimes park on the street.
Duane Cool, who lives across the street, said that there has been a major increase in traffic on that street. Some are coming there and parking and also traffic from downtown and it is usually at a faster pace. It is a number of things coming together causing the impact. It s an older street, narrow, barely wide enough for two-way traffic. If a car is parked on the side of the street, someone has to stop.
Bob Moody said from what he observed in the past 2 2 ½ weeks, he is concerned about the traffic. He is not against free enterprise, but under the circumstances, it s a residential neighborhood, it s not the proper place for it. It will alter the residential character of the neighborhood.
Kathy Childs, whose daughter works for Laura, said when Laura ran the business in Augusta; they were allowed the traffic. Laura is trying to change things over here. In time they won t come to the home, as they were accustomed to doing. She is working to do this. The driveway holds 6 cars. Kathy said she has backed out of the driveway many times and was able to see over the hill. Kathy said she is not an abutter and does not live in the neighborhood.
Astrid Walter said she is the office manager. They used to have 30 cars coming to the business in Augusta, but now there are only 12 unless there is a meeting and then there are 15 cars. The payday problem will be eliminated when they are given out at the site. Laura is having work done to improve the building. Due to the business, it will improve the neighborhood, making it look pretty. Astrid said she is not an abutter and does not live in the neighborhood. Deborah Willis asked Astrid if she said 12 cars a day come there. Astrid said no, Laura meets the employees at 4:30 AM at the waterfront in Augusta. At 8:00 AM Astrid arrives. Before 6:00 PM, the foremen, 8 of them, come to get their orders. Deborah asked if she stored equipment there. Laura said yes, signs, poles,
etc. Pamela Mitchel asked if all the foremen come at the same time. Laura said no. Bob Moody said he is concerned about the ongoing business with no permit to do so. The activity is at the breaking point now. What happens if we grant a permit and the activity increases? Chairperson Montell asked the Applicant how many vehicle trips are there to the site each day. Laura said 8 foreman (16 vehicle trips), herself (2 vehicle trips), her employee (2 vehicle trips), during the day until 4:00 PM.
James Montell said he made a site visit today and there was an extraordinary amount of cars for a High Density Residential Zoning District.
8:09 PM no further public comment. Chairperson Montell closed the public hearing.
Chair Montell read the Finding of Facts.
Jeffrey Hinderliter noted that the Review Criteria and the Home Occupation Standards are inter-related and suggested that the Board look at both together.
Chair Montell read the Home Occupation Standards.
Pamela Mitchel said it looks like there may be only 16 vehicle trips per day with the changes.
Chair Montell asked about parking vehicles or storing equipment for employees who work off the premises. Laura said they do not park there and the equipment that she sells to her employees is stored in the basement.
Deborah Willis asked the CEO if H. 2. c., referring to traffic, means they are limited to 20 vehicle trips per day or to not more than normal for the area? Jeffrey replied, there are two standards within that one standard. The standard may be interpreted by applying the more restrictive of the two.
Mr. Cool, an abutter, said there is a lot of traffic not from the area. The traffic varies. It is hard to determine what is normal traffic.
Chair Montell read the Applicant s responses to the Review Criteria and each Review Criteria was voted on.
Review Criteria a.
Chair Montell asked the Board members what their decision is on Review Criteria a. 6 in favor. 1 opposed (James Montell)
Review Criteria b.
Chair Montell asked the Board members what their decision is on Review Criteria b. 7 in favor. 0 opposed.
Review Criteria c.
Pat Hart made a motion to accept Review Criteria c. Deborah Willis seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed
Review Criteria d.
Deborah Willis made a motion to accept Review Criteria d. Allie Vigue seconded the motion.
Vote: 6 in favor. 1 opposed (James Montell) Motion passed
Review Criteria e.
Pat Hart made a motion to accept Review Criteria e. as submitted by the Applicant. Pam Mitchel seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed
Review Criteria f.
Pat Hart made a motion to accept Review Criteria f. as submitted by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 2 opposed (James Montell & Ed Lawrence). Motion passed
Review Criteria g.
Pat Hart made a motion to accept Review Criteria g. as submitted by the Applicant with the change 20-vehicle trips per day. Allie Vigue seconded the motion.
Vote: 5 in favor. 2 opposed (James Montell & Ed Lawrence). Motion passed.
Review Criteria h.
Allie Vigue made a motion to accept Review Criteria h. Susan Crawford seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Review Criteria i
Allie Vigue made a motion to accept Review Criteria i Susan Crawford seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Review Criteria j
Deborah Willis made a motion to accept Review Criteria j. Allie Vigue seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pat Hart made a motion to accept the Conditional Use Permit with the condition that parking be restricted solely to the Applicant s driveway. Allie Vigue seconded the motion.
Vote: 6 in favor. 1 opposed (James Montell). Motion passed.
OTHER BUSINESS
None
6.) ADJOURN
9:12 PM Meeting adjourned.
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