6 Church Street, Gardiner, Maine 04345 James Montell, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board April 26, 2005
City of Gardiner, Maine Special 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
William Barron Bruce Densmore Rebecca Coutts
Rusty Greenleaf Les Tarbox G. W. Lacrosse
Lorna Tarbox Philip Jordan Robert Gray
Gale Ziegler Brian Rines Al Nisbet
Jim Ziegler Steven Marson
1.) Deborah Willis called the meeting to order at 6:08 PM and made a motion to appoint Pat Hart as Acting Chair. Pam Mitchel seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Roll call taken.
Pat Hart indicated that this was a continuation of the April 12, 2005 meeting to allow those who were on that agenda to be heard.
3.) Pam Mitchel made a motion to approve the April 12, 2005 minutes as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
NEW BUSINESS
PUBLIC HEARING – Application Completeness and Preliminary Review
4.) Leslie Tarbox is seeking approval of an amendment to Lots 12-16 of Plat No. 2, Tilbury Park, Plan of Mattson Subdivision Lots at 33 Tilbury Park on City Tax Map 23A Lot 14, 16, 18 in the High Density Residential (HDR) District.
Acting Chair Hart read item 4 from the Agenda and asked Board members if any one of them felt that they could not avoid the appearance of impropriety with respect to this application.
Ed Lawrence recused himself, as he has been contracted by Mr. & Mrs. Tarbox to assist them with their project.
Leslie Tarbox introduced himself and said that he had 3 lots, # 14, 16 & 18 that are side-by-side in a subdivision in Tilbury Park. The house is located on the center lot, #16, the septic system on lot 16 and lot 18 is a wetland. He would like to combine the three lots into one lot.
Ed Lawrence, representing the Mr. & Mrs. Tarbox, indicated that it is an approved subdivision. He said that by combining them, it would help financially. In addition, if they ever decided to split them, the split would be subject to today’s standards and Ed said he doesn’t think it would meet today’s standard.
6:16 PM, meeting opened for public comment. None comment.
6:16 PM, meeting closed for public comment.
Acting Chair Hart read the Finding of Facts. She indicated that the Applicant had not asked for any waivers.
The Board reviewed the Application for compliance with the Land Use Ordinance, Subdivision, General Standards and voted on each standard.
The Board skipped this item until after review of the others.
Pam Mitchel made a motion that General Standard 2, Open Spaces and Natural or Historic Features, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
3. Pam Mitchel made a motion that General Standard 3, Lots and Lot Size, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
4. Pam Mitchel made a motion that General Standard 4, Utilities, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
5. Pam Mitchel made a motion that General Standard 5, Water Supply, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
6. Pam Mitchel made a motion that General Standard 6, Monuments, has been met. Deborah Willis seconded the motion. Barbara McPheters, the Code Enforcement Officer said that it should be noted in the final review that iron pins were approved on the 1972 Plan.
Vote: 4 in favor. 0 opposed. Motion passed
7. Pam Mitchel made a motion that General Standard 7, Construction in Flood Hazard Areas, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
8. Pam Mitchel made a motion that General Standard 8, Impact on Ground Water, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
9. Pam Mitchel made a motion that General Standard 9, Land Features, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
10. Pam Mitchel made a motion that General Standard 10, Additional Improvements and Requirements, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
11. Pam Mitchel made a motion that General Standard 11, Sewage Disposal, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
12. Pam Mitchel made a motion that General Standard 12, Storm Water Management Design Standards, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
13. Pam Mitchel made a motion that General Standard 13, Access Control and Traffic Impacts, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
14. Pam Mitchel made a motion that General Standard 14, Street Design and Construction Standards – General Requirements, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
1. Pam Mitchel made a motion that General Standard 1, Comprehensive Plan and Zoning Ordinance, has been met. 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 that Review Criteria 1, Undue water or air pollution, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 2, Sufficient Water Supply, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 3, Erosion Control, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 4, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 5, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 6, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 7, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 8, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 9, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 10, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 11, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 12, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 13, with note that this property is not in the flood plain, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 14, has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to give Preliminary Approval to this Application. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6:37 PM Ed Lawrence returned to the Board
PUBLIC HEARING - Application Completeness and Final Review
Bruce Densmore is seeking approval of a shoreland permit for an expansion of seasonal private boat docking at 88 Riverview Drive on City Tax Map 39 Lot 34 in the Resource Protection (RP) District.
Deborah Willis recused herself. She works with the Applicant.
Applicant Bruce Densmore described the project. He indicated that he had put in an application to the Army Corps of Engineers to expand an existing private boat dock. The floats are temporary and will be in use less than seven months of the year. He said there would be no changes to the soil. The wooden docks are not being constructed of pressure treated wood. He said there were questions about parking and he has addressed those in a 4/23/05 memo to the CEO.
Pam Mitchel asked how many slips were there currently? Bruce said six. He said they take up about 150’ of the wharf. It is a private facility for family and friends and is not a commercial boat launch. He does allow neighbors who have used it for years to continue, but does not offer any services.
6:45 PM the meeting was opened for public comment.
Jerry Lacross, an abutter, provided the Board members with copies of deeds concerning the property and read a section concerning the second parcel. He read where the property was owned by a Mr. Messler and where it passed down to him. He passed out a copy of the Kennebec County Atlas 1879 depicting his house and other surrounding properties. He questions whether the property in the application is his or the Applicant’s. He noted that in Mr. Densmore’s deed it indicates that Mr. Westerlund transferred the property to Mr. Densmore but the deed talks about a third parcel that begins at the south west corner of Mr. Messler’s property. The second parcel he has no problems with.
Acting Chair Hart said that the Board will need to establish the standing of the Applicant, but the Board doesn’t look at civil disputes. Although they will proceed with the process, Mr. Lacrosse still has the right to seek legal advice and proceed with it if he chooses to.
Mr. Lacrosse asked if as the legal entity within the City of Gardiner, does the Planning Board have the right to take someone’s property? Acting Chair Hart said that there is a dispute about who owns the property, it would have to be resolved independent of the Planning Board. The Planning Board does not have to authority to make that determination.
Mr. Lacrosse showed pictures of the area and said that it was an area of scenic beauty. With twelve boat slips called Westerlund’s Landing, he feels it is commercial and he questions is Mr. Densmore developing and operating this on Mr. Lacrosse’s property. He said he would rather give the land to the City for a park than this use.
Acting Chair Hart urged him to use every avenue afforded him and appreciates his comments, but reiterated that the Board cannot get involved in a property dispute. Jim Montell asked Mr. Lacrosse if he is saying that the landing area is the property that is his? Mr. Lacrosse said yes. Jim asked whether when the landing was first constructed, was there any question about this? Barbara McPheters, CEO indicated that she did go through the file to get the history on this and did not find anything to indicate any dispute. Mr. Lacrosse said he bought the property in 1988 and just rents it out.
Steve Marson, the other owner of this property asked to see the pictures and documents that were given to the Board. He was given a copy of them.
Brian Rines, an abutter, indicated that he does not want to step into a property dispute, but he has found nothing negative about this property. It is better kept and maintained than most State parks. When Bruce bought the property there were thickets and trash. He removed the rubbish and other debris. To his knowledge no one has complained about the use. There have been no large parties, drinking, etc. People check before they come down and use the area for fishing, etc and clean up when they leave. There is an annual party for the neighborhood, which is a tradition with fireworks. From a neighborhood perspective, they are wonderful neighbors. It is not commercial, it is family run. He highly endorses the expansion.
Jim Montell asked when the property was first cleaned up and the pier put out. Brian said in 1972. Jim asked Mr. Lacrosse if when he bought the property in 1987, did he ever have any communication with Mr. Densmore about the float/pier and was Mr. Lacrosse under the impression that he owned the public landing since he told his renters they could use the boat launch? Mr. Lacrosse said he thinks he owns that land because except in the deed Mr. Westerlund got from Mr. Pratt, there is no mention of a third parcel.
Acting Chair Hart asked if there had been any public comment received by the Code Enforcement Office. Barbara said the only person she heard from was Mr. Lacrosse.
Bruce Densmore said that he had a title search done in 1985 and he also has a copy of a survey that was done in 1985 showing his property. He showed these documents to the Board. Copies were made for the Board and Mr. Lacrosse.
7:16 PM meeting closed for public comment.
Acting Chair Hart asked the Board members if they thought the Applicant has standing. Jim Montell said that the felt the Applicant has legal documentation for his plan. Ed Lawrence said the Applicant has a warranty deed from to previous owner to him, which is evidence of ownership. Pam agreed with Ed and Jim. She asked the Applicant, Bruce Densmore, if the survey was for Mr. Westerlund. Bruce said yes and he bought it from Mr. Westerlund and there have been no changes.
Pam Mitchel made a motion that she believes Mr. Densmore does have standing to submit this application.
Acting Chair Hart read the Finding of Fact in the Shoreland Permit Application. Board members reviewed each of the applicable Performance Standards and voted on them individually.
Section 3, Performance Standards:
Pam Mitchel made a motion that Performance Standard A is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard B is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard D is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard E is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard F is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard G is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard H is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard J is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard K is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard L is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard M is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard N is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard O has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard P is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Q is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard S is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard T is not applicable to this application. Pam Mitchel withdrew the motion.
Pam Mitchel made a motion that Performance Standard T has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard V is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard W is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard X is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Z is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard AA is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard BB is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard CC is not applicable to this application. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Section 6, Shoreland Zoning
Land Use Standards
Pam Mitchel made a motion that Performance Standard 1, Agriculture, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 2, Archaeological Sites, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 3, Campgrounds, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 4, Clearing of Vegetation for Development, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Performance Standard 5, Commercial and Industrial Uses, was not addressed.
Pam Mitchel made a motion that Performance Standard 6, Erosion and Sedimentation Control, has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 7, Essential Services, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 8, Individual Private Campgrounds, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 9, Mineral Exploration and Extraction, has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 10, Minimum Lot Standards, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 11, Parking Areas, has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 12, Piers, docks, wharves, bridges, has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 13, Principal and Accessory Structures, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 14, Roads and Driveways, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 15, Septic Waste Disposal, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 16, Signs, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 17, Soils, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 18, Storm Water Runoff, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 19, Timber Harvesting, does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard 20, Water Quality, has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
I. Shoreland Administration
Review Standards
a. Pam Mitchel made a motion that Review Standard 6. a has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
b. Pam Mitchel made a motion that Review Standard 6. b has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
c. Pam Mitchel made a motion that Review Standard 6. c does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
d. Pam Mitchel made a motion that Review Standard 6. d has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
e. Pam Mitchel made a motion that Review Standard 6. e has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
f. Pam Mitchel made a motion that Review Standard 6. f has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
g. Pam Mitchel made a motion that Review Standard 6. g does not apply. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
h. Pam Mitchel made a motion that Review Standard 6. h has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
i. Pam Mitchel made a motion that Review Standard 6. i has been met. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to give final approval to this project. Ed Lawrence seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8:20 PM Break
8:30 PM Meeting resumed.
PUBLIC HEARING – Application Completeness and Preliminary Review
Russ Williams Fuel, Inc. is seeking approval of a major site plan review for construction of a new fuel bulk plant and loading & unloading facility at 17 Cobbossee Avenue on City Tax Map 22 Lot 41 in the Shoreland/High Density Residential (SL/HDR) Districts.
Acting Chair Hart asked if any of the Board members had anything to disclose.
Pam Mitchel indicated that the Greenleaf family and hers attend the same church and she also buys fuel from them, but it will not impact her vote.
Pat Hart said that she is also a customer of the Applicant to buy fuel and also is a member of the Rotary Club with the Applicant but it will not impact her vote.
Jim Montell said the Applicant’s mother was a former student of his and the best cheerleader.
The Applicant, Russell Greenleaf gave a description of the proposed project. He said they are currently a fuel bulk plant and a loading and unloading facility on Cobbossee Avenue with one 20,000-gallon tank on a cradle that has collapsed and the cradle holding the other tank is collapsing. Their plan is to purchase land in back of the current facility. They would use the same tanks and steel cradles and put them on new cement pads with an oil and water separator and a roof over it. The new facility will be on higher ground, have more land to allow for better drainage and have a roof over it. They plan to put crushed rock around the pads. The current area will be used for parking. They plan an exit onto West Hill Road and they hope the trucks will come in from there to go to
the tanks so there will be no backing up. There is currently a culvert on the land they are planning to purchase and are proposing one curb cut.
8:42 PM Open meeting to public
Brian Rines, Mayor for the City of Gardiner indicated that the City once had five or six locally owned fuel companies but now, this is it. He said that we need to do everything to help preserve locally owned businesses. He said that the City Council would think this is a good idea. He said he has the same disclosures as the others mentioned and he has also put family members on various boards. This is a good company and is doing good work.
Barbara McPheters, CEO, indicated that there have been no correspondence received or telephone calls reference this proposal.
Al Nisbet, an abutter and former Planning Board member, indicated that he was interested in what the Applicant was doing and was very happy with what he saw and had no problem with it.
8:47 PM Closed public hearing.
Barbara McPheters, CEO, classified this as a Major Development and asked the Board if they wanted to review it to determine if they agree? Acting Chair Pat Hart indicated that they agree because of the oil.
Acting Chair Hart read through the Application.
Rusty asked about the additional section that Barbara had talked with him about. He indicated so as not to hold up the process, he may ask for waivers.
Acting Chair Pat Hart asked the Applicant if he needed Maine Department of Environmental Protection (MDEP) approval. Rusty said no because he already has approval for the tanks. Barbara said if the Applicant attempts to get a variance we’d have to notify MDEP.
Ed Lawrence asked if a portion of lot 41 was in the Shoreland Zone. Rusty said the proposed project is definitely outside the Shoreland Zone. It is in the High Density Residential Zone and is a non-conforming use. They discussed the non-conforming use issue. Pam Mitchel said the footprint is nearly the same. The earth berm around the tank area is no more than 25% of the non-conforming use. There is not going to be a parking lot. She thinks it is good and does not need a variance. She asked if the Applicant had provided data that it is not above the 25% expansion including the berm? The new will be less than the present. The office building and garages outside of the Shoreland Zone can be used in the current calculation.
Action Chair Pat Hart read through the Applicant’s response to the Performance Standards and poled the members.
1. General Information
a – h ok
i – need letter of intent to sell
j – ok
Existing Conditions
a – need to show zoning division on plan
b – d ok
e – need
f & g – not applicable
h – need drawing to show whole lot. Mark yes on checklist
i – ok
j – need waiver from requirement that show features within 250’
k – m ok
n – note on plan the 4’x8’ applied sign on building
o. – will add to plan
p – need a letter indicating there are no covenants or deed restrictions on property
q & r - not applicable
Proposed Development Activities
a – included
b - need
c – ok
d – not applicable
e – yes
f – noted in letter to provide power based upon Central Maine Power (CMP)
recommendation
g. – ok
h & i – not applicable
j – need to describe in a letter the concrete detention area to collect hazardous &
special waste and that you have contracted with Clean Harbor to remove the waste
k – yes
l – not applicable
m – ok
n – label the grass area on the plan and request a waiver of screening requirements
o – need
p – no change
q – not required
Supporting Documents/Approvals are needed from Public Safety – Police & Fire, public works. Applicant does not need letters from the Water or Sewer Departments. The CEO will provide comments. No City Manager approval/comments are necessary and the Board of Appeals and Historic Preservation Commission approvals are not applicable. The Applicant will get the documentation from the State Fire Marshal and MDEP.
A review of the Additional information required for Major Developments was made.
Add grade change to plan
Add arrows depicting direction flow of run-off
Not applicable
Has complied. Electrical only.
Show grass area on plan and waiver from screening requirement
6- 11 Not applicable
Will provide upon approval of permit
Will ask for a waiver
Board members reviewed the items need for the Applicant. Under General Information, 1. i
a letter from Elmer Andrews stating he is willing to sell the property (purchase & sales agreement)
Existing Conditions, 2. a. draw Shoreland Zoning line on plan; e. show all existing buildings on plan; h. note existing driveways on plan; j. request a waiver from requirement to note major natural features on the site, including 250’ beyond boundaries; n. describe 4’x8’ applied sign in a letter; o. locate exterior lighting on plan; p. indicate in a letter than there are no covenants or deed restrictions.
Proposed Development Activity, 3. b. note proposed elevation of slab and height of canopy; f. not on plan that power to be determined by CMP; j. include information concerning concrete retention area & the removal of waste by Clean Harbor; n. show grass area on plan and request a waiver for screening; o. give anticipated beginning & completion dates.
Supporting Documents needed are from the Public Works, Police Department, Fire Department, State & Federal Permits, Fire Marshal, MDEP and MDOT.
Major Development requirements needed are, 1. Noting grade changes before and after on the plan; 2. Show flow of stormwater drainage on plan with arrows; 4. letter stating electrical only; 5. Show grass on plan & waiver of screening requirements; 12. will provide cost of proposed development and evidence of financial capacity upon approval of permit; 13. will request a waiver of the requirement for an assessment of the impact of the development on wetlands, etc.
A review of the Performance Standards revealed that A. is ok; B. & C. are not applicable; D. buffer areas need to be added to the plan; E. – I. not applicable; J. to go over with CEO and provide copy of federal guidelines for lighting; K. not applicable; L. & M are ok; N. no change; O. & V. are not applicable.
A review of the Review Criteria indicates the following: B. submit documentation showing areas previous areas being utilized and new areas; C. obtain MDOT curb cut permit; D & E. are not applicable; F. is ok; G. is on plan; H. note that McGees will use best management practices; I. – N. ok; O. describe structure for storage to include roof; P. show line for Shoreland Zoning on plan; Q. ok; R. – T. not applicable.
It was noted that at the May 18, 2005 meeting the Board will hear the final reviews for Nicholas Beaulieu’s subdivision, Associated Grocers, Inc. proposal, Lester & Lorna Tarbox’s subdivision change and Rusty Greenleaf’s proposal.
At the May 25, 2005 meeting, the Board will hear two communications tower proposals (one new and one minor alteration to existing tower) and Site Plan Review for Sunspot
ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 11:23 PM
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