PLANNING BOARD
Gardiner Planning Board September 15, 2004
City of Gardiner, Maine Regular Monthly meeting 6:00 PM
ROLL CALL
Present: Pat Hart Allie Vigue Pamela Mitchel
Susan Crawford Deborah Willis Edward Lawrence
Absent: James Montell Bob Moody, Alternate
Also Present: Gary Quintal, Alternate CEO Gardiner
Dorothy Morang, Planning Board Recording Secretary
Hazel Ferland Shirl James Ken Gardiner Wayne Libby
Andrew Gilbert Chris Paszyc Diane Morabito Francis Grey Jr.
Arlene Emery-Kaufman Scott Kaufman Shirl James
Deborah Willis called the meeting to order at 6:17 PM in the absence of Chair Montell.
Pat Hart made a motion to elect Deborah Willis as Acting Chair. Pam Mitchel seconded the motion.
Vote: 5 in favor. 0 opposed. 1 abstained (Deborah Willis). Motion passed.
2.) Roll call taken.
Deborah Willis asked for a motion to approve the August 18, 2004 minutes. Pam Mitchel indicated that there was an omission in the minutes that Mr. Lacasse had withdrawn his application. The recording secretary, Dorothy Morang, had to leave the meeting at 8:00 PM at which time, the CEO Gary Quintal took over the note taking. Gary did not indicate in his notes that Mr. Lacasse had withdrawn his application.
Pam Mitchel made a motion to accept the August 18, 2004 minutes with the correction. Allie Vigue seconded the motion.
Vote: 3 in favor. 0 opposed. 3 abstentions (Sue Crawford, Pat Hart and Ed Lawrence who were not in attendance at that meeting). Motion passed.
Acting Chair Willis disclosed that a number of the Board members had received a voice mail message from Applicant Hazel Ferland urging them to attend the meeting and to support the application. She polled each of the members.
Deborah Willis - said that it would not effect her voting.
Allie Vigue said that it would not impact his voting.
Sue Crawford said she does not think it will effect her decision
Pam Mitchel said she does not believe it will effect her decision.
Pat Hart said it will not impact her ability to act on this application.
Acting Chair Willis read item 4 on the Agenda
Proposal: Tanning Solon Final Review Approval
Applicant: Hazel Ferland
Location: 73 Cobbossee Avenue, City Tax Map 22, Lot 35A
Request: Site Plan Approval
Zoning: Planned Development and Shoreland Zoning
Hazel Ferland introduced herself as the owner/Applicant and said she is continuing what she started some months ago. She indicated that she had spoken with a number of agencies including the Maine Equal Justice Department who gave her the list of Planning Board members and advised her to call them. She indicated that she wasn t trying to coerce the members, it was just that she had a right to do this. Hazel then submitted a new parking plan.
Acting Chair Willis clarified the buffer issue by referring to the City Solicitor, Erik Stumpfil s determination that this project requires a 10 side and rear buffer. Board members discussed the plan.
Mr. Kaufman indicated that the business hours had changed and his concern that the business continues to be allowed to operate. Acting Chair Willis explained what has occurred with respect to this proposal and the process thus far. Acting Chair Willis indicated that the Applicant has repeatedly said that she had approval to operate the business. Acting Chair Willis explained what actually happened and wanted to note for the record that an Occupancy Permit was not granted previously.
Gary Quintal indicated that he felt, due to the fact that an Occupancy inspection had been performed on 12/30/03, under the BOCA Code, it provided for temporary occupancy. He also feels that the Applicant went above and beyond what is required and feels that the Applicant has met our Code requirements.
Hazel Ferland indicated that the new site plan that she just submitted doesn t look like she would have depicted it, but that Mr. Libby is the professional and thinks that this plan is going to work for her.
The Board members discussed the various parking spots and stall and skew widths, vehicle movement, aisle widths, entrance and exit of vehicles and the topography of the area.
7:03 PM The meeting was opened for public comment.
Mr. Kaufman indicated that the new site plan did not indicate required information, i. e. 1-way or 2-way movements, topography, elevations. He said that he had brought it up to Gary Quintal and that Gary said that the site plan was complete. Mr. Kaufman also expressed his concern over the parking, the circulation of traffic and the property line dispute. He indicated that there are a lot of questions outstanding.
Shirl James indicated that she drives a Cadillac Deville and has no problem parking. She said that Hazel Ferland is a single mom and is trying to run a business from home and has suffered.
Arlene Kaufman said that Hazel s customers park on the Kaufmanns property and that they put up a stockade fence but Hazel pulled it up.
Mr. Kaufman said that they don t know the extension onto their property of the driveway. Hazel had a backhoe dig up part of the lawn between the properties and does not believe that with a 10 buffer that the vehicles can turn around.
Hazel Ferland said she has tried to be civil and to comply. She said Mr. Kaufman had put the fence up in the middle of the driveway so she took it up and put it next to Mr. Kaufmanns pool.
Mr. Kaufman said all of Hazel s intentions may be good, but if in error, it still is an error. He doesn t feel the requirements of the Ordinance have been met to the fullest and he has obtained a surveyor because of the ambiguous 10 buffer and 1 way entry way.
7:25 PM closed public hearing.
Acting Chair Willis read the Review Criteria.
Review Criteria a.
Allie Vigue made a motion to approve Review Criteria a. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria b.
Allie Vigue made a motion to accept Review Criteria b. as written. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria c.
It was noted that the Applicant had changed the number of vehicles per day to 15. Pat Hart expressed concerns that the site plan does not show the driveway as required by the Ordinance as well as a formal boundary survey.
Allie Vigue made a motion to approve Review Criteria c as amended by the Applicant to increase vehicle from 5 to 15. Pam Mitchel seconded the motion.
Vote: 4 in favor. 2 opposed (Deborah Willis & Pat Hart). Motion passed.
Review Criteria d.
Allie Vigue made a motion to accept Review Criteria d. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria e.
Allie Vigue made a motion to approve Review Criteria e. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria f.
Allie Vigue made a motion to accept Review Criteria f. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria g.
Allie Vigue made a motion to approve Review Criteria g. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria h.
Allie Vigue made a motion to accept Review Criteria h. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria i.
Allie Vigue made a motion to approve Review Criteria i. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria j.
Allie Vigue made a motion to accept Review Criteria j. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria k.
Allie Vigue made a motion to approve Review Criteria k. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria l.
Pat Hart indicated that there needs to be something in writing concerning the plan for buffers.
Pat Hart made a motion to accept Review Criteria l. with a condition that the Applicant comes back with a written plan to the Code Enforcement Office that meets the requirements in Gardiner s Land Use Ordinance, Section 3, F. 1 (d)(1,2, 3) and 1 (f). Allie Vigue seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria m.
Allie Vigue made a motion to approve Review Criteria m. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria n.
Allie Vigue made a motion to accept Review Criteria n. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria o.
Allie Vigue made a motion to approve Review Criteria o. Pam Mitchel seconded the motion.
Vote: 5 in favor. 1 opposed (Pat Hart). Motion passed.
Review Criteria p.
Allie Vigue made a motion to accept Review Criteria p. as written. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria q.
Allie Vigue made a motion to approve Review Criteria q. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria r.
Pam Mitchel made a motion to accept Review Criteria r. as written. Pat Hart seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Review Criteria s.
Allie Vigue made a motion to approve Review Criteria s. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Review Criteria t.
Allie Vigue made a motion to accept Review Criteria t. as written. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pat Hart shared her concerns over the aisle width and parking. She doesn t see that it meets the aisle width for 2-way. Ed Lawrence didn t think it was a 2-way. He indicated the parking spaces appear to be adequate but he was not sure whether all of the vehicles could get out if all of the spaces were full.
Gary Quintal said that as long as the Applicant has provided adequate parking, it is not the Planning Board s decision who can and who can t get in and out of parking. Pat Hart said that she totally disagrees. Gary said that as the Code Enforcement Officer, he feels that this plan continually meets the Ordinance.
Board members continued to discuss these issues. Allie Vigue said that he agrees with the CEO.
Pat Hart said that they just got this new plan tonight. Gary Quintal said that he was not able to convey the City Attorney s answer to the Applicant until tonight.
Pam Mitchel suggested they go to the site and look and see if they can put cars in all of the spaces and they can get out.
Pam Mitchel made a motion to table to application pending a site walk with a vote following. Pat Hart seconded the motion.
Vote: 5 in favor. 1 opposed (Allie Vigue). Motion passed.
Acting Chair Willis reminded all that there should be no ex prate communications.
8: 13 PM Meeting stopped for break.
8:25 PM Meeting resumed.
Acting Chair Willis read Item 5 on the Agenda
5.) Proposal: Waterfront Park Expansion
Applicant: City of Gardiner
Location: Depot Street, City Tax Map 34, Lots 144,144A,145; Map 35, Lots 29,30; Map 37, Lots 155,156,156A
Request: Review for Grant placement
Zoning: Central Business/Resource Protection
Francis Grey from Gardiner s Economic Development Office had drafted a letter for signature by the Planning Board that was needed to continue the grant process. The project has been in the works for several year. The City got a grant and with it came a list of requirements that needed to be met. One was this letter indicating that this project, in spirit and intent, is consistent with the Comprehensive Plan and Land Use Ordinance.
Deborah Willis indicated that even though the letter says the project is consistent with the Comprehensive Plan and Land Use Ordinance, the City will still have to come back at the appropriate times to get approval/and or permits.
Allie Vigue asked that the word may in the 3rd line be stricken and changed to will, in reference to approvals and/or permits.
Pat Hart made a motion to sign the letter with may changed to will. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed. Deborah Willis will sign the amended letter.
6.) Adjourn
Allie Vigue made a motion to adjourn. Pam Mitchel seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
8:53 PM Meeting adjourned.
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