PLANNING BOARD
Gardiner Planning Board September 28, 2004
City of Gardiner, Maine Special Meeting 6:30 PM
ROLL CALL
Present: James Montell Pat Hart Allie Vigue
Deborah Willis Edward Lawrence
Absent: Susan Crawford Pamela Mitchel Bob Moody, Alternate
Also Present: William Najpauer, Kennebec Valley Council of Governments (KVCOG)
Dorothy Morang, Planning Board Recording Secretary
Hazel Ferland Shirl James Ken Gardiner Wayne Libby
Arlene Emery-Kaufman Scott Kaufman Michalla Firlotte
Billie Ellis Keith Edwards David Fuller Ben Fuller
Chair Montell called the meeting to order at 6:34 PM.
Roll call taken.
Acting Chair Willis read item 3 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
Deborah Willis wanted to confirm where they had left off at the previous meeting. She thought that all of the Review Criteria had been voted on, but that the overall vote on the proposal was pending. Pat Hart said that there were questions on the parking.
Shirl James interrupted the meeting and said that she felt Deborah Willis should refrain from voting because of rude comments she had made about the Applicant. Chair Montell indicated that it is up to the Board members to excuse themselves if they don t feel they can vote on a matter.
Pat Hart continued her discussion on parking. Jim Montell asked for confirmation that the City Solicitor determined that the buffer had to be a minimum of 10 side and rear. Board members discussed the parking spaces, entrance and egress and how wide the aisle width must be. Pat Hart said that she doesn t feel the aisle width meets the standards. She also has issues with vehicle maneuvering. The Board members discussed internal circulation and referred to the Land Use Ordinance and asked William Najpauer what the minimum travel aisle width was. Bill said 12 feet.
Allie Vigue said that it was the Planning Board s job to help the Applicant find appropriate parking spaces. He suggested the Applicant move parking spot labeled #4 to the other side of parking spot labeled #3. Pat Hart indicated that without the required topography on the site plan, she is not convinced that parking spot labeled #6 can turn around.
Hazel Ferland explained how each of the cars left the parking area to come to the meeting.
Scott Kaufman asked why the Board members hadn t attempted to park in the spaces and maneuver out? Jim Montell indicated that the parking spaces were all full when they arrived.
Allie Vigue said that he feels the plan meets the criteria if the spaces are juggled. Pat Hart said that she doesn t feel that the plan meets the standards. She is not convinced that # 6 can back up.
Pat Hart asked Bill Najpauer what was being approved. Bill responded indicating just this use.
Deborah Willis asked if this had been a commercial use before would this review still have been necessary. Bill said yes.
Pat Hart said that she has issues with the property lines and standing. Bill said that in cases where a boundary dispute occurs between abutters, the City would not become involved and if approved and it is found to not have enough room for the buffer and setbacks, the Applicant would still have to meet them.
Deborah Willis said this application came to us with boundary issues right up front.
James Montell asked the surveyor if he based his survey on a previous survey or did he research the deeds and the abutter s deeds? Mr. Libby indicated that he researched the deeds.
Ed Lawrence indicted it looks like Thayer Engineering is looking at an agreement between Arlene Emery Kaufman and land owned by the Maine State Retirement System, not with the Ferland Boundary. Pat Hart asked Mr. Kaufman about it. He indicated that in 1992, Thayer Engineering did a simplified boundary survey for the Maine State Retirement System and put pins contingent upon agreement of property owners. The Kellihers own slightly beyond the stone wall. Mr. Kaufman indicated that Thayer Engineering had begun their survey today. Arlene Kaufman indicated that the existing iron pin was agreed upon, but the surveyor has changed it as needed when the buffer changed.
Bill Najpauer said that the Planning Board could not get involved in a boundary dispute, but if the boundary ends up moving, it could void the Application.
The Board members discussed the issues.
Deborah Willis indicated that she was concerned about this application, not because it is a bad business, but can they do the business there. She always takes access management and off-street parking very seriously. She wants the business to fit if it can. She wants to make the right decision but doesn t know if this good business can fit in this spot.
Hazel Ferland asked if she could rent the apartment out with just 1 parking space? Bill Najpauer said no. The Ordinance requires 2 spaces for each residential unit and other spaces as determined by the square foot of the business.
Jim Montell asked each of the Board members what they thought.
Pat Hart indicated that she thought it was too tight.
Ed Lawrence said when he first saw the plan he thought it was very tight, but thinks maybe they can maneuver.
Deborah Willis indicated she wasn t sure.
Chair Montell referred to issues mentioned in the memo submitted by Mr. Kaufman.
Paragraph #2 Hours of operation had increased; #3 snow removal; #5 registering plan; #6 illegal operation without permit.
Deborah Willis indicated that once the Planning Board makes a decision either to approve or to disapprove, the issues become the responsibility of the Code Enforcement Office for enforcement. Bill Najpauer indicated that once the other survey is complete, if there is a discrepancy, it has to be settled between them. Once that is done, if it changes the buffer, it would have to come back to the Planning Board.
Allie Vigue made a motion to approve the Application reference parking standards, traffic access and buffers with 3 conditions: 1.) to move parking space #4 behind #3; 2.) to eliminate the turn around in the front yard; and 3.) to designate the parking spaces.
Mr. Fuller, the abutter to the right, indicated that people go the easiest way out and still have tried to go out through their yard. That driveway is not shared. The easement does not go with the land.
Ed Lawrence seconded the motion.
Vote: 4 in favor. 1 opposed (Pat Hart). Motion passed.
Allie Vigue made a motion to approve the Application as presented and amended. Ed Lawrence seconded the motion.
Vote: 4 in favor. 1 opposed (Pat Hart). Motion passed.
Hazel Ferland asked if she could wait until the neighbor s survey is complete before putting in the buffers. Bill Najpauer said it must be done now.
4.) Adjourn
Allie Vigue made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. O opposed. Motion passed.
Adjourned 7:58 PM
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