PLANNING BOARD
Gardiner Planning Board May 19, 2004
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: James Montell Pat Hart Susan Crawford
Deborah Willis Edward Lawrence Pam Mitchel
Absent: Allie Vigue Bob Moody, Alternate
Also Present: Jeffrey Hinderliter, Planner CEO Gardiner
Dorothy Morang, Planning Board Recording Secretary
Patrick Gilbert Jeffrey Farnham Kathleen Rush
Bill Rush Leonard Beckwith Dorothy Washburne
Stephen Langsdorf Richard Rambo Michael J. Maschino
1.) Chair Montell called the meeting to order at 6:09 PM.
Roll call taken.
2.) Chair Montell asked that they pass on this item, Consideration of April 21, 2004 minutes until the next meeting.
3.) Chair Montell read item 3 from the Agenda: Northwest Quadrant Infrastructure Improvements, City of Gardiner is the Applicant.
Pat Gilbert introduced himself as the City s representative. He gave an overview of the project. It is Phase II of a Community Development Block Grant Program Public Infrastructure. The project cost is approximately 1.9 million and includes 7 residential streets in the Northwest Quadrant of the City, effecting approximately 170 households. It involves the replacement of approximately 3,150 feet of water mains and 6,400 linear feet of sanitary sewer and certain lengths of storm drain. The work includes the removal and disposal of existing pipe, installation and testing of the new water mains, sanitary sewers and storm drains and the reconstruction of sidewalks and resurfacing of the roadways. The plan
requires Planning Board certification that the plan conforms with the Comprehensive Plan for the City of Gardiner.
Pat Hart made a motion to have the Chair sign a letter certifying that this project is in conformance with the Comprehensive Plan for the City of Gardiner. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
4.) Chair Montell introduced Item 4 from the Agenda - 12-lot residential subdivision Preliminary Plan Workshop, Applicant Dan McKenna.
Daniel Colby, a land surveyor for the project described the project. He said they will leave 1,000 feet of space vacant from Brunswick Avenue so they do not have to hook up to City water and sewer. There will be privately drilled wells and septic. They plan to install either a pre-cast or wooden bridge for road to go over where it crosses water. They plan to have a 30 wide common area for the development. The sub-division will not be visible from the road. Dan explained the topography, road grade and the setbacks from the tributary stream. There is an existing curb cut onto Brunswick Avenue.
Chair Montell thanked Mr. McKenna for the information.
Chair Montell read a letter written by the Board to Jeffrey Hinderliter, thanking him for his exceptional service to the Board.
5.) Chair Montell introduced Item 5 from the Agenda a Conventional/Cluster Sub-division Discussion, Applicant, Ed Lawrence.
Ed is a member of the Planning Board and excused himself for this item.
Ed is the surveyor for Ray Corporation who owns the 15-½ acre lot on the Costello Road. He described their plans. All of the lots would be a minimum of 2 acres and have private sewer and water. The homes would be between $120,000. & $200,000.
Bill Rush, an abutter had concerns because of wetlands that feed his pond and about losing his privacy. Ed discussed ways that they might configure the homes so as to ensure as much privacy as possible and vegetative buffers along the ridgelines.
Chair Montell thanked Ed for the information.
7:50 PM 5 minute recess
7:59 PM meeting resumed
6.) Chair Montell introduced Item 6 on the agenda, Gardiner Land Use Ordinance and Zoning Map Amendment Workshop, Applicant the Barn Door Committee and the City of Gardiner.
Jeffrey Hinderliter went over his memo, which outlines the old Vs, the new language. In the old, nothing changed on the District Use Chart; the Sign Ordinance would extend to the downtown area and adds a definition of a detached canopy. The new language includes a Professional/Residential Zoning District Purpose and Amortization language.
Rich Rambo said it is not totally new, towns have included the amortization language and the courts have upheld it. 5 7 years have been considered reasonable. Pat Hart asked if this meant that they would have to remove the canopy after a while. Rich said yes, it is specific to detached canopies.
There was a lengthy discussion concerning this.
Steve Langsdorf, Attorney for C. N. Brown said it is an issue of fundamental fairness and is contrary to the stated purposes of the Land Use Ordinance. There would be a lot of legal challenges and it would send a message to businesses. It would be better to look forward instead of trying to unscramble this.
Jeffrey Hinderliter said he agrees. He said it is very dangerous and if the Board chooses to go along with this, they need to take a lot of time concerning this.
Pat Hart asked about the Council vote. Rich Rambo said the vote depends on what the Planning Board does. If the agree, it s a 50/50 vote. If the Board does not agree, it requires a 2/3 vote by the Council.
Deborah Willis asked why were the other lots left residential and the others made business?
Rich Rambo said that the Central Business is the least restrictive of the Zoning Districts. It made sense to bring most lots to a less restrictive zone, but leave the two residential lots residential because they are the most restrictive and also, those property owners did not ask.
Chair Montell read a letter to the Planning Board from Dorothy Kaloust agreeing with the Professional Business/Residential Zone.
Board members discussed other lots along Brunswick Avenue, Neal Street and Fillmore Street.
Sue Crawford said that we have an Ordinance, the business came in and complied with that Ordinance that is less than a year old. We need more information. The changes should be consistent and not just address what appears to be a specific issue.
Board members discussed tabling this issue.
Dorothy Washburne indicated that there were several omissions and errors in the Ordinance. Section 2, page 8 Accessory Uses & structures the footnote is missing. Section 5, Page 2, B.2. language vague. Section 3, page 44 Signs.
Chair Montell suggested that they be given to the City Solicitor to review old and new and recommended changes if errors in it. Jeffrey Hinderliter said Dorothy could propose changes and get a member of the Council to sponsor her to bring it to the Planning Board.
Rich Rambo asked if the Planning Board would be willing to meet with the Barn Door Committee and the Solicitor. They said yes.
No decision was made.
7.) ADJOURN
Sue Crawford made a motion to adjourn. Pat Hart seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
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