6 Church Street, Gardiner, Maine 04345 James Montell, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board June 15, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart James Montell Deborah Willis Pamela Mitchel
Edward Lawrence
Absent: Bob Moody, Alternate
Also Present: Barbara McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Rusty Greenleaf, Applicant
Connie Greenleaf
Greg Garwood
1.) Deborah Willis called the meeting to order at 6:10 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.
Acting Chair Pat Hart called the meeting to order at 6:10 PM.
Roll call taken.
3.) Pam Mitchel made a motion to accept the May 31, 2005 minutes as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 1 abstained (Ed Lawrence was not at the meeting). 0 opposed. Motion passed.
OLD BUSINESS
PUBLIC HEARING – Application Completeness and Site Plan Approval
Russ Williams Fuel, Inc. is seeking application completeness and site plan approval of a major site plan 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 Board members if they had anything to disclose. Pam Mitchel indicated that she buys her fuel from the Applicant and attends the same church, but it would not prevent her from being impartial. Pat Hart said that she is a Rotary with the Applicant and is on the Gardiner Main Street Committee with his mother and she buys fuel from the Applicant, but doesn’t think this would prevent her from being impartial.
The CEO, Barbara McPheters, noted that she has received all of the information requested by the Board from the Applicant with the exception of right, title and interest. She also indicated that although this use is not permitted, its current use is non-conforming and can be expanded by up to 25% with site plan approval.
Pat indicated that there are requests for four waivers from the Applicant that will be addressed in the completeness review. She read through the application and noted each item received. Comments were made on the following:
H. Site Plan Review Application
Provided
No fee set by Council
Provided
a – g Provided
h - Applicant will provide a copy of the deed or purchase and sales agreement for the additional portion of land depending on the outcome of this meeting.
i – Provided
a – e Provided
f Not applicable
g – i Provided
j Waiver requested concerning major natural features on the site
k Not applicable
l – m Provided
n Not applicable, no new signs
o - p Provided
q – r Not applicable
6. a Provided
b Need height of canopy
c Provided all but materials for access drives, which Applicant will provide
d Not applicable
e – f Provided
g – i Not applicable
j – n Provided
o Provided, but will update construction dates
p Provided, no change
q Not required by staff policy
I Additional Information Required of Major Developments
1 –2 Provided
Not applicable
Provided
Applicant requested a waiver
6– 11 Not applicable
Applicant will provide upon approval of permit
Applicant has provided a request for waiver of assessment requirement
Pam Mitchel made a motion that the Application is complete with the Applicant providing the Board with a note with information about the height of the canopy, revised construction schedule and the material to pave new driveway. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed
6:47 PM Meeting opened for public comment. No comment.
6:47 PM Meeting closed to public comment.
The CEO indicated that she had not received any calls or written statements concerning this application.
Acting Chair Hart read each of the Applicant’s responses to the Performance Standards requirements and the Board members were voted on each of them individually.
Section 3, Performance Standards:
Pam Mitchel made a motion that Performance Standard A has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard B does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard D does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard E does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Waiver
Pam Mitchel made a motion that we accept the waiver of the requirement that there be a vertical planting plan and there will be grass in the buffer. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard G has been met, noting that the Applicant will have a 10-foot grassy buffer and that the Applicant has provided a waiver. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel withdrew her motion, Deborah Willis the second and the vote. The motion was restated to correct the Performance Standard letter.
Pam Mitchel made a motion that Performance Standard F has been met, noting that the Applicant will have a 10-foot grassy buffer and that the Applicant has provided a waiver. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard G does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
H. Pam Mitchel made a motion that Performance Standard H has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard J does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard K does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard L has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard M does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard N does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard O has been met. Deborah Willis seconded the motion
Vote: 5 in favor. 0 opposed. Motion passed.
The Applicant noted that he is contemplating a roof change from a pitched roof to a flat roof. Board members decided to go on to the other Performance Standards and come back to Performance Standard P.
Pam Mitchel made a motion that Performance Standard Q does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard S has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard T does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard V does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard W does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard X does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Z does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard AA does not apply.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
BB Pam Mitchel made a motion that Performance Standard BB does not apply.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
CC Pam Mitchel made a motion that Performance Standard CC does not apply.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Following a lengthy discussion, the Board determined that the fascia of the canopy would have to have a matte finish. While a pitched roof is preferred, if the fascia is limited to 24 inches, it will reduce the height and visual impact in the field. The Planning Board members determined that this is a canopy and not a roof.
Pam Mitchel made a motion that Performance Standard P has been met with the condition that the flat canopy has a matte finish and the fascia height will not exceed 24 inches. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Acting Chair Hart read the Applicant’s response to each of the Review Criteria and Board members voted on each of them individually.
Section 5, Q. Site Plan Review Criteria
1A Pam Mitchel made a motion to accept Review Criteria 1A as written. Deborah Willis
seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members decided to skip Review Criteria 1B & 2 for now.
Pam Mitchel made a motion that we accept Review Criteria 3 as written by the
Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that Review Criteria 4 has been met. Deborah Willis seconded the motion. The motion and second were withdrawn and the motion restated.
Pam Mitchel made a motion that we accept Review Criteria 4 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that we accept Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members discussed this item during the review of the Performance Standards and determined it to be a steel framed support with canopy over tanks.
Pam Mitchel made a motion that we accept Review Criteria 6 with changes discussed. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that we accept Review Criteria 7 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that we accept Review Criteria 8 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that we accept Review Criteria 9 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that we accept Review Criteria 10 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that we accept Review Criteria 11 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that we accept Review Criteria 12 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that we accept Review Criteria 13 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that we accept Review Criteria 14 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
15. Pam Mitchel made a motion that we accept Review Criteria 15 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
16. Pam Mitchel made a motion that we accept Review Criteria 16 as written by the Applicant with modifications to change the word roof to structure. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
17. Pam Mitchel made a motion that we accept Review Criteria 17 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
18. Pam Mitchel made a motion that we accept Review Criteria 18 as written by the Applicant with the condition that, upon approval of the application, the Applicant will provide a letter to the CEO showing financial capacity. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
19. Pam Mitchel made a motion that we accept Review Criteria 19 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Waiver
Pam Mitchel made a motion to grant a waiver from the requirement that the Applicant is required to provide information on major natural features and other features as noted in 5 h. f. j. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
20. Pam Mitchel made a motion that we accept Review Criteria 20 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
21. Pam Mitchel made a motion that we accept Review Criteria 21 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Waiver
Pam Mitchel made a motion to grant a waiver of the requirement of assessment of major natural features and other items noted in 5. i. 13. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed the non-conforming issue and whether or not the proposed structure was being increased by more than 25%.
Pam Mitchel made a motion that the Planning Board finds that the new, proposed structure does not increase the non-conforming use by more than 25%. . Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
2. Review Criteria 2.
Pam Mitchel made a motion that Review Criteria 2 has been met. She reworded the motion.
Pam Mitchel made a motion that we accept Review Criteria 2 as written with the condition that the Applicant provide a letter to the CEO showing financial capacity; provides information to the CEO on the height of the canopy; provides the CEO with a revised construction schedule; Applicant work with the CEO and Public Works to determine the exact location of curb cuts and materials; and that the canopy fascia must be constructed of a material with a matte finish and a depth not to exceed 24 inches. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
1. b Review Criteria 1B
Pam Mitchel made a motion that we accept Review Criteria 1B as written with conditions stated in 2. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this Application with the conditions noted in Review Criteria 2. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8:11 PM Break
8:16 PM Resume the meeting.
NEW BUSINESS
ZONING MAP – Changes/Corrections
Pat Hart wanted to disclose that she sits on the Ordinance Review Committee.
Change zoning from High Density Residential to Central Business Zoning Districts for properties located on Summer Street /Winter Street area, City Tax Map 33, Lots 60 & 65.
This item will not be reviewed at this time. Further review is necessary by the Ordinance Review Committee.
Change zoning from Residential to Planned Development Zoning District for property located at 863 Brunswick Avenue, City Tax Map 11, Lot 38.
The CEO indicated that this property belongs to Fleet Service and has been an established commercial use for many years. It used to be in the Planned Development Zone, but got rezoned Residential Growth. It looks like, from the maps, it should have been colored in as Planned Development. The Ordinance Review Committee looked at the Comprehensive Plan, which described the intended uses, but that is not what happened with this property. The Ordinance Review Committee is submitting this to the Planning Board for a recommendation and then it will go to the Council for readings and notifications and vote.
Pam Mitchel made a motion that the Planning Board recommended changing the zone from Residential Growth back to Planned Development for the property located at 863 Brunswick Avenue, City Tax Map 11, Lot 38. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
6.) Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:36 PM.
| 
