6 Church Street, Gardiner, Maine 04345 James Montell, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board April 12, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart James Montell Deborah Willis Pamela Mitchel
Edward Lawrence
Absent: Allie Vigue Bob Moody, Alternate
Also Present: Barbara McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Steve Roberge Bruce Densmore Nick Beaulieu
Rusty Greenleaf Dorothy Washburne Les Tarbox
Lorna Tarbox Connie Greenleaf Philip Jordan
Daniel Ouellette Debra Ouellette Gale Ziegler
Jim Ziegler Steven Manson Rebecca Coutts
1.) Pam Mitchel called the meeting to order at 6:04 PM. And made a motion to appoint Pat Hart as Acting Chair. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Roll call taken.
Pat Hart indicated that she would not be available for the next regularly scheduled meeting. Alternative dates were discussed and May 18, 2005 was chosen.
3.) Pam Mitchel made a motion to approve the March 22, 2005 minutes and the April 4, 2005 site walk minutes as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Acting Chair Hart read item 4 from the Agenda.
Ed Lawrence recused himself, as he has been the contractor hired to work with the Applicant, Nick Beaulieu.
PUBLIC HEARING – Subdivision Preliminary Review
4.) Nicholas J. Beaulieu, Applicant, is seeking preliminary approval of a six (6) lot subdivision named Longwood Drive Estates Subdivision at 787 Brunswick Avenue on City Tax Map 16 Lot 7 in the Residential Growth/Shoreland (RG/SL) Districts.
Acting Chair Hart asked the Board Members if any one of them feels that they cannot avoid the appearance of impropriety with respect to this Application.
Acting Chair Pat Hart asked the Applicant to introduce himself and to give an overview of the project.
Nick Beaulieu described his proposed subdivision project as a 6-lot subdivision on a portion of a parcel of land that he owns. He said that from the last meeting, he understood that he needed to ask for a waiver of the granite monuments.
Barbara McPheters, the Code Enforcement Officer (CEO), indicated that she had received the waiver request. She also indicated that she had received no correspondence from the public.
6:14 PM meeting opened to public. No public comment.
6:14 PM Public Hearing was closed.
Barbara indicated that she had not received the letter from Public Safety and City Services as yet. She did receive revised data showing test pits and road design, ditching and drainage.
Acting Chair Hart read the CEO’s memo concerning the Request, History, the Project Description, Department Head Reviews and Waiver requests. The Applicant has asked for a waiver of the requirement for stone monuments and from the requirement for three (3) prints with scales of 100 feet to the inch.
Board members reviewed and voted on each of the Proposed Findings of Fact and Conclusions of Law.
K. General Standards
Acting Chair Hart decided to take this item out of order and vote on it after voting on this section.
Pam Mitchel made a motion that the Applicant has met the standards for Open Spaces and Natural or Historic Features. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the minimum dimensional requirements for Lots. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Utilities. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Water Supply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept the Applicant’s waiver of the requirement for granite monuments in favor of rebar pins and have met the Monuments standard. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the standards have been met for Construction in Flood Hazard Areas. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Impact on Ground Water. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Land Features. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Additional Improvements and Requirements with a note that the Board previously decided that sidewalks would not be required. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Sewage Disposal. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Storm water Management Design Standards. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Access Control and Traffic Impacts. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Street Design and Construction Standards General Requirements. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
K 1. Pam Mitchel made a motion that the Applicant has met the standards for
Comprehensive Plan and Zoning Ordinance. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
Board members reviewed and voted on each of the Review Criteria.
Pam Mitchel made a motion to accept Review Criteria 1 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 2 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 3 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 4 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 5 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Applicant has met the standards for Review Criteria 6, Solid and Sewage Waste Disposal with finding that solid waste will be taken care of by homeowner. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 7 as written with the understanding that solid waste will be taken care of by the homeowner. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 8 as written with the requirement that the access to the shore for each lot owner be put in each deed and that they will adhere to Shoreland Zoning Standards. Deborah Willis seconded the motion. The motion and second were withdrawn.
Pam Mitchel made a motion that the Applicant provide us with a letter that states in the deed the access to the shore lot and that the owners will adhere with Shoreland Zoning Standards.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members decided to skip # 9 for now.
Pam Mitchel made a motion to accept Review Criteria 10 as written with the requirement that the Applicant provides us with a letter from another community that the Applicant has successfully completed another project. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 11 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 12 as written; noting that we have adequate documentation to show that activities will not adversely effect the quality and quantity of ground water. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 13 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 14 as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 9 with the understanding that the Applicant will provide a letter stating that deed contains access to waterfront and a letter to show financial capacity. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
Pam Mitchel made a motion that we make Preliminary Approval of the Application with the requirement that Applicant provide us with a waiver request for the three prints; and letters indicating access to a common lot in the deed, a letter showing financial capacity and letters from the Directors of City Services and Public Safety. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7:10 PM Break
7:20 PM Meeting called back to order.
NEW BUSINESS
Acting Chair Hart read Item 5 from the Agenda.
Ed Lawrence returned to the Board.
PUBLIC HEARING – Application Completeness and Preliminary Review
Stephen Roberge, PE for SJR Engineering, Inc., Agent for Associated Grocers of Maine, is seeking approval of a major site plan review for site alterations, warehouse and office additions at 1000 Brunswick Avenue on City Tax Map 11, Lot 32 in the Planned Industrial/Commercial (PIC) Zoning District.
Acting Chair Hart asked the Board members if they felt they could be impartial considering this Application. They all had no problem.
Applicant Stephen Roberge introduced himself and others with him and indicated that they have submitted the same plans that were presented before the Planning Board twice before, but had not proceeded forward with them before. They are ready now. He showed a drawing of the same project, a 41,000 square foot warehouse for freezer storage and office space with enlarged parking. They plan to get rid of the leach field and have it gravity fed into the City Sewer. He checked with Chuck Applebee from the WasteWater Treatment Plant and it has the capacity to include Associated Grocers and the waste is being chemically analyzed. Reports that had been provided before from Maine Department of Environmental Protection (MDEP) and other departments are currently being re-edited.
Acting Chair Hart indicated that what has changed is that it is now a site plan review.
The Board members reviewed the Site Plan Review Checklist. They found the following:
#1 - a thru j are ok.
#2 - a thru o are ok; p is N/A; q is ok; r. requires a waiver letter.
#3 – a ok; b will add elevations; c thru f ok; g to get a letter from Gardiner Water District
that there is enough water to accommodate them or a waiver citing no additional
water usage; h is N/A; j thru p are ok; q. a waiver for the approval block on the plan.
Additional Information Requirements:
1 thru 5 are ok;
6 is N/A
7 requires a waiver for the water
8 & 9 are ok
10 & 11 are N/A
12 need to get before final approval
13 have letters of response (1. Elevations of buildings, water use, approval block,
location & type of trees and letters from the Waste Water Treatment Plant,
Gardiner Water District and the elevations.
Deborah Willis made a motion that they find the Application complete with the following requirements for waivers and letters: Section 2, Existing Conditions, R – waiver (location & types of trees); Section 3, Proposed Development Activity, b. – to be provided (building height); g – waiver (Gardiner Water District); I – to be provided (Waste Water Treatment Plant, capacity to accept; q – waiver of approval block and Section titled Additional Information Required of Major Developments, #7. Waiver (Gardiner Water District); #12 to be provided, cost; and #13 to be provided, assessment impact. Pam Mitchel seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Acting Chair Hart asked the Board members if they wanted to schedule a site walk. Most said no.
The Applicant had asked that they also have their Preliminary Review at this time. The Board agreed.
8:22 PM the meeting was opened for public comment. There was none.
The CEO indicated that she had not received any written or verbal comments.
8:23 PM meeting closed for public comment.
Acting Chair Hart read the formal site plan review application, General Information Sections 1, 2 & 3. Steve Roberge asked that they vote on the whole project even though they probably will do only phase 1 now.
Acting Chair Hart read the Applicant’s responses to the Review Criteria and the Board voted on each one separately.
Review Criteria a.
Review Criteria a was skipped to vote on last
Review Criteria b.
Pam Mitchel made a motion to accept Review Criteria b as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria c.
Pam Mitchel made a motion to accept Review Criteria c as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members stopped reviewing the Review Criteria and went back to the Performance Standards to review them first. They reviewed and voted on each of a through v individually.
Performance Standard A
Pam Mitchel made a motion that the Application meets Performance Standard A - Access Management. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard B
Pam Mitchel made a motion that Performance Standard B is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard C
Pam Mitchel made a motion to accept the Junkyard Standard as not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard D
Pam Mitchel made a motion to accept the Buffer Area Standard as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard E
Pam Mitchel made a motion to accept Performance Standard E as not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard F
Pam Mitchel made a motion to accept Performance Standard F – Earth Moving as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard G
Pam Mitchel made a motion that Performance Standard G -. Home Occupation is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard H
Pam Mitchel made a motion that Performance Standard H – Kennels is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard I
Pam Mitchel made a motion that Performance Standard I – Light Industry is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard J
Pam Mitchel made a motion to accept Performance Standard J – Lighting as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard K
Pam Mitchel made a motion that Performance Standard K- is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard L
Pam Mitchel made a motion that Performance Standard L – Noise is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard M
Pam Mitchel made a motion that Performance Standard M – Non-Residential Development is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard N
Pam Mitchel made a motion that Performance Standard N – Odor is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard O
Pam Mitchel made a motion to accept Performance Standard O – Off-street Loading and Parking as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard P
Pam Mitchel made a motion that Performance Standard P – Outdoor Recreation is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard Q
Pam Mitchel made a motion that Performance Standard Q – Public Paths is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard R
Pam Mitchel made a motion to accept Performance Standard R – as written with the condition that they receive a letter from the Sewer District accepting the sewer flow for the facility. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard S
Pam Mitchel made a motion that Performance Standard S – Signs are not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard T
Pam Mitchel made a motion that the Application meets Performance Standard T – Temporary Structures. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard U
Pam Mitchel made a motion that Performance Standard U – is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Performance Standard V
Pam Mitchel made a motion that Performance Standard V – Wireless Communication is not applicable. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members returned to the Review Criteria section and continued the review and vote.
Review Criteria d.
Pam Mitchel made a motion to accept Review Criteria d as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria e.
Pam Mitchel made a motion to accept Review Criteria e as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria f.
Pam Mitchel made a motion to accept Review Criteria f as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria g.
Pam Mitchel made a motion to accept Review Criteria g as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria h.
Pam Mitchel made a motion to accept Review Criteria h as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria i.
Pam Mitchel made a motion to accept Review Criteria i as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria j.
Pam Mitchel made a motion to accept Review Criteria j as written with the condition that the Applicant request a waiver from the Board for the letter from the Gardiner Water District. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria k.
Pam Mitchel made a motion to accept Review Criteria k as written with the condition that the Applicant request a letter from the Waste Water Treatment Plant stating acceptance of use. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria l.
Pam Mitchel made a motion to accept Review Criteria l as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria m.
Pam Mitchel made a motion to accept Review Criteria m as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria n.
Pam Mitchel made a motion to accept Review Criteria n as written with the condition that Applicant receives appropriate MDEP approval. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria o.
Pam Mitchel made a motion to accept Review Criteria o as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria p.
Pam Mitchel made a motion to accept Review Criteria p as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria q.
Pam Mitchel made a motion to accept Review Criteria q as written with the condition that the Board receives a copy of the financial commitment. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria r.
Pam Mitchel made a motion to accept Review Criteria r as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria s.
Pam Mitchel made a motion to accept Review Criteria s as written with the condition that the Board receives a copy of a letter from Mr. Shettleworth. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria t.
Pam Mitchel made a motion to accept Review Criteria t as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria a.
Pam Mitchel made a motion to accept Review Criteria a as complete with the condition that the Applicant provide a letter from the Gardiner Water District and a letter from the Waste Water Treatment Plant, a copy of the MDEP permit, a letter showing financial capacity and a letter from the State Historic Board. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to give preliminary approval to the Applicant’s project with the conditions stated in the last motion and additions, waivers and conditions that were stated in the completeness review. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
OTHER BUSINESS
The Board discussed options to be able to review the three applications that were not heard tonight and the final review of the two that were heard along with the new ones slated for the May meeting. It was decided to hold a special meeting to hear the three that were not heard tonight on Tuesday, April 26, 2005 at 6:00 in the City Hall Council Chambers. We will advertise in the KJ and send a notice to the abutters.
We have scheduled two meetings in May, one on Wednesday the 18th and the other is on Wednesday, the 25th to be able to review all applications pending.
Adjourn
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 4 in favor. O opposed. Motion passed.
Adjourned 9:25 PM
| 
