6 Church Street, Gardiner, Maine 04345 James Montell, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board July 12-13, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
July 12, 2005
Present: Pat Hart James Montell Deborah Willis Pamela Mitchel
Edward Lawrence Carla Noyes
Absent: Bob Moody, Alternate
Also Present: Barbara McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Arlene Emery Kaufman Scott Kaufman Nick Beaulieu
John Shostak Dan Colby Swains (2)
David Fuller
1.) Chair Pat Hart called the meeting to order at 6:02 PM.
Roll call taken. A welcome was given to new member, Carla Noyes.
Chair Hart went over the schedule for the evening. Items 4 & 6 would be heard tonight. Item 5 - Ms. Ferland, owner of Sunspot Tanning Salon called earlier this day to notify the Board that she would not be here tonight. Her home is for sale and she is closing her business for the summer. If she decides to re-open the business in the fall, she will re-apply. Items 7 & 9 will be heard July 13, 2005. Item 8 will be heard on August 9, 2005 due to the fact that a few abutters were inadvertently omitted from the notification list and were not notified of the proposal.
3.) Pam Mitchel made a motion to accept the June 15, 2005 minutes as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 1 abstained (Carla Noyes was not at the meeting). 0 opposed. Motion passed.
NEW BUSINESS
PUBLIC HEARING – Application Completeness and Site Plan Approval
City of Gardiner, Chris Paszyc, Applicant is seeking application completeness, site plan approval of a major site plan and a Shoreland Permit for shorefront revitalization and stabilization at Depot Square and Steamboat Street on City Tax Map 37 Lots 156 & 156A; Map 34, Lots 144 & 144A; & Map 35, Lot 29 in the Central Business/Shoreland Overlay/Resource Protection (CB/SO/RP) Districts.
Chris Paszyc described the proposal and indicated that the City had gone through a variety of permitting processes and this was the final permit piece. He showed a scale model of the project. This project is currently being used for the sewer main project staging. The land is man made and has been in place for over 100 years. There is a deteriorating timber crib structure there. They are proposing to develop the area as a regional/state-wide recreation/tourist area. It is in line with the Comprehensive Plan, Revitalization Plan and the Waterfront Development Plan. Chris introduced Matt Bernier and Allison Murray, design consultants who have been working on this design.
Matt and Allison further described the prior, current and future use of the property and the work that needs to be done. Carla asked how far down the shore would the project encompass? Chris showed an aerial photo the 750’ total project.
Chair Hart asked Board members if they had anything to disclose. Pat disclosed that she is a member of the Gardiner Rotary Club and worked with Webber Oil to secure the property for this project in 2002. She was a member at that time but does not believe it creates a conflict for her or that she would be biased.
Chair Hart asked if their had been proper notification. Barbara McPheters (CEO) said yes. Pat also asked if there had been any correspondence or phone calls. Barbara said no.
6:36 PM Open public hearing. No comment.
6:37 PM Close public hearing.
Pat read through the application and noted each item received. Comments were made on the following:
H. Site Plan Review Application
5.b Boundary Survey
5.e Board determined that there was enough information
5. j Board determined that there was enough information
6. j Applicant to write a note indicating how trash will be removed
6.p Applicant to make chart indicating estimated day trips – summer & winter
Pam Mitchel made a motion that the Application is complete with a note from the City that the City will provide a boundary map including railroad right-of-way; a statement indicating how the solid waste will be disposed of; estimate of daily traffic trips generated seasonally and a statement that the City plans on plowing. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
Chair Hart read each of the Applicant’s responses to the Shoreland Zoning Performance Standards and the Board members voted on each of them individually.
Section 6, Land Use Standards:
Pam Mitchel made a motion that Land Use Standard 1 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 2 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 3 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 4 has been met with the condition that no fertilizer or pesticides are applied to the lawn or field areas of the project within 75’ of the mean high water. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 5 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 6 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 7 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 8 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 9 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 10 has been met with a note from the City to indicate correct lot size on application, .71 to 2.51. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 11 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 12 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 13 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 14 has been met with a note that the driveway and roadways are at least 50’ away and the staging area is closer. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 15 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 16 does not apply. Deborah Willis seconded the motion. Pam and Deborah withdrew motion and second.
Pam Mitchel made a motion that Land Use Standard 16 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 17 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 18 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 19 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 20 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Shoreland Zoning standards have been met with the condition that a statement be made that no fertilizer will be used on the grass or fields within 75’ of the mean high water; the size of the lot be corrected on the application and a note that there is a temporary parking area that is less than 50’ but more than 25’ from the water. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Floodplain Development Standards 7. F.
Pam Mitchel made a motion that Floodplain Development Standard 1 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 2 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 3 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 4 has been met with a note that the trash receptacles will be removable. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 5 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 6 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 7 has been
met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 8 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 9 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 10 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 11 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 12 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 13 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 14 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Floodplain Development Standard 15 does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed
7. H. Review of Subdivision and Development Proposals
1. Pam Mitchel made a motion that Standard 7. H. 1. has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7. H. 2 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7. H. 3. has been met Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7. H. 4 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7. H. 5 has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Chair Hart read the Applicant’s response to each of the Review Criteria and Board members voted on each of them individually.
Section 3, A. General Performance Standards
Pam Mitchel made a motion to that Performance Standard A. has been met.
Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
B Pam Mitchel made a motion that Performance Standard B does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard D does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard E does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
F. Pam Mitchel made a motion that Performance Standard F has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard G does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard H has been met. Deborah
Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard J does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard K does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard L has been met with the condition that the lights be approved by the CEO. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard M does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard N does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard O has been met. Deborah Willis seconded the motion
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard P has been met. Deborah Willis seconded the motion
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Q does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard S has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard T has been met with a note that the CEO will be approving. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Noted for the record, Board determines that this is a structure and not a path.
Pam Mitchel made a motion that Performance Standard V does not apply with a note that the Planning Board has determined that we have a deck structure and not a public path. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard W does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard X does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Z has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard AA does not apply.
Deborah Willis seconded the motion.
Vote: 6 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: 6 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: 6 in favor. 0 opposed. Motion passed.
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 with the condition that the lighting plan be approved by the CEO. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Board members skipped Review Criteria 1B & 2 for now.
3. Pam Mitchel made a motion that we accept Review Criteria 3 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that we accept Review Criteria 4 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that we accept Review Criteria 5 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that we accept Review Criteria 6 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that we accept Review Criteria 7 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that we accept Review Criteria 8 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that we accept Review Criteria 9 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that there is no water supply being proposed, so Review Criteria 10does not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 11 does not apply. Deborah Willis seconded the motion. Motion and second withdrawn.
Pam Mitchel made a motion that we accept Review Criteria 11 as written in the body of the Application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that we accept Review Criteria 12 as written in the body of the Application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that we accept Review Criteria 13 as written in the body of the Application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that we accept Review Criteria 14 as written in the body of the Application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
15. Pam Mitchel made a motion that we accept Review Criteria 15 as written in the body of the Application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
16. Pam Mitchel made a motion that we accept Review Criteria 16 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
17. Pam Mitchel made a motion that we accept Review Criteria 17 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
18. Pam Mitchel made a motion that we accept Review Criteria 18 as presented in the previous workshop. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
19. Pam Mitchel made a motion that we accept Review Criteria 19 as written with the condition that trash receptacles in area will be added to the City’s contract. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
20. Pam Mitchel made a motion that we accept Review Criteria 20 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
21. Pam Mitchel made a motion that we accept Review Criteria 21 as written with the condition that no pesticides or fertilizer be applied to the lawn or field. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
1. b Review Criteria 1b
Pam Mitchel made a motion that the property adequately meets the standards. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
2. Review Criteria 2.
Pam Mitchel made a motion that we have found this project is in compliance with City Ordinances and Code. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this project with the conditions that a lighting plan is given to the CEO; no fertilizer or pesticides be added to the lawn or fields within 75’ of the mean high water; that trash receptacles be removed in winter; Applicant provide a boundary survey with railroad right-of-ways; Applicant provide estimate of daily traffic to be generated; trash removal be added to the contract and lot size be corrected on the application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
9:25 PM Break
9:32 PM Resume the meeting.
5.) Public Hearing - Application Completeness and Final Review
Hazel Ferland is seeking approval of a minor site plan review to operate a tanning salon business in a two-family residence at 73 Cobbossee Avenue on Tax Map 22, Lot 35A in the Planned Development/Shoreland Overlay Zoning District.
Hazel Ferland called this day prior to the meeting to inform the Board that she will not be attending the meeting. She also states that she is closing her business for the summer and if she decides to open in the fall, she will re-apply.
6.) Public Hearing – Final Review
Nicholas J. Beaulieu is seeking approval of an amendment to the subdivision named Longwood Drive Estates Subdivision at 787 Brunswick Avenue on Tax Map 16 Lot 7 in the Residential Growth/Shoreland (RG/SL) Districts.
Ed Lawrence recused himself as he has done work on the project for the Applicant.
Ed indicated that in the previous application there was an agreement with an abutter along the southern edge of the property to purchase a 30’ strip of land from Mr. Shostak. That deal did not materialize. He is now asking for a 50’ easement and has a purchase and sale agreement to purchase Mr. Malone’s, an abutter, property that will enable him to move the road to the North further. The Malones would have a safer access through this new road. He will move the lot lines for lots 1, 2, & 3.
9:38 PM Open public hearing.
John Shostak, an abutter to the south, is not against the project but has concerns about the capacity of the culverts. Currently there are two – one on top of the other and neither have worked or is working. Also, the right-of-way appears to be at his northerly property line. He asked if there is a setback requirement. Barbara said no. Mr. Shostak asked if the road is going to be built to the City’s standard. Ed explained that it doesn’t have to be because it is a right-of-way. Mr. Shostak explained about the City dumping snow on his property, with his permission. This adds to the issue with the culverts. Mr. Shostak asks that an engineering firm be secured to determine stormwater calculations for run-off. Pat Hart said that the Board has
previously determined that the current plan did meet the standards
9:55 PM Public hearing closed.
Chair Hart indicated that the Board did not have this information at the time of the application and didn’t have the information that the City stores snow on Mr. Shostak’s property.
Pam Mitchel made a motion that we accept the amended lot sizes because they are still within the accepted minimum lot size. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
A question was asked about the property line for the Molones. Ed explained that they are creating an easement line and not changing the property line, therefore they are not reducing the existing setback.
Mr. Beaulieu said that he would get an engineering firm to design the culvert. He feels the City shouldn’t dump snow there.
Jim Montell asked if the road is crowned now. Ed said yes. Ed said currently there is a 12” and 15” culvert. Pam said that the proposed 24” culvert will be a big improvement.
Pam Mitchel made a motion that we accept the amended Longwood Drive Estates Subdivision Plan with the condition that the Applicant provides the professional engineer’s culvert design to the CEO. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Mr. Shostak asked if there was a required timetable for the culvert to be done. Barbara said the Ordinance doesn’t require one.
Pat Hart thanked everyone for coming and a welcome again to Carla and thank you to Dot for taking the notes.
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
5 in favor. 0 opposed. Motion passed. Meeting continued to July 13, 2005 @ 6:00 PM.
ROLL CALL (Meeting continued from July 12, 2005
July 13, 2005
Present: Pat Hart James Montell Deborah Willis Pamela Mitchel
Edward Lawrence
Absent: Carla Noyes Bob Moody, Alternate
Also Present: Barbara McPheters, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Kathleen Peters-Pidgeon Paul Pidgeon Arvah Lyon PE & PLS
Dan Colby
(1) Chair Pat Hart called the meeting to order at 6:04 PM.
Roll call taken
7.) Workshop
Hilltop Log & Timber Homes is seeking direction regarding a proposed 19-lot named Streamside Estates II at Brunswick Avenue on Tax Map 11 Lot 18 in the Planned Development (PD) District.
Dan Colby, representing Dan McKenna of Hilltop Log Homes said that they have bought another parcel of land abutting the current subdivision, Streamside Estates. This proposed subdivision would allow for up to 19 lots. It is more than 1,000 feet off from Brunswick Avenue and they plan to use private sewer as before.
(Note: 6:05 PM turned off tape per CEO. Not required to tape informal workshops)
Dan further explained that they plan to connect the two subdivisions. Board members discussed with Dan traffic trips per day, maximum length on dead end streets, agreements for common access, sidewalks, lot sizes, turn-arounds, traffic pattern for safety, possibly consider existing entrance near Nazarene Church and drainage design.
Mr. Colby indicated that Hilltop Log Homes would come back to the Planning Board sometime in the near future when their plans are firmed up.
6:32 PM Resume meeting.
8.) Public Hearing – Application Completeness and Preliminary Review
Richard and Heidi Daniel are seeking approval of a subdivision Northridge at 270 Costello Road on Tax Map 3 Lot 11 in the Rural / Resource Protection (R/RP) Districts.
This item was not heard due to the fact that several abutters within 200’ of the property were inadvertently left off the list and were not notified of the public hearing. This item will be heard on August 9, 2005 @ 6:00 PM.
9.) Public Hearing – Application Completeness and Final Review
Paul L. Pidgeon and Kathleen Peters-Pidgeon, Trustees of the Paul L. Pidgeon Living Trust and the Kathleen Peters-Pidgeon Living Trust are seeking approval of a shoreland permit and minor site plan review for a parking lot expansion for a professional business at 220 Maine Avenue on Tax Map 37 Lot 94 in the Central Business /High Density Residential /Shoreland Overlay (CB/HDR/SO) Districts.
Chair Hart asked if any members of the Planning Board have anything to disclose reference this applicant.
Pam Mitchel indicated that although she is a patient of Dr. Pidgeon, it would not prevent her from being impartial.
Dr. Paul Pidgeon introduced himself and indicated that they would like to expand the parking lot to accommodate parking for 9 – 10 employees and add patient parking. The current parking is crowed and they had been able to use Dr. Lee’s parking lot. Recently Dr. Smart purchased the Lee property and they will no longer be able to use that lot. They would like to use the Maine Department of Transportation (MDOT) right-of-way to extend their parking lot.
Alvah Lyon, representing the Pidgeons, demonstrated on a map where the lot lines are. He indicated that MDOT has agreed to sell them the land. They have an application in to the Board of Appeals for a variance.
Chair Hart asked about the number of patients. Dr. Pidgeon indicated that there would be 8 – 10 cars in the lot at one time. They plan to put the employees in the expanded area. They also plan to put a nice hedge on the edge of the parking lot.
6:45 PM Open public hearing. No comment.
6:45 PM Close public hearing.
Chair Hart said that this is a Minor Site Plan Review and the lot is determined to be in the Central Business and Shoreland Overlay Zoning Districts. The applicants have asked for a waiver of Section 5. H. 5. A. a waiver of the boundary lines of zoning districts; Section 5. H. 5. B a waiver to use bearings and distances instead of stationings and offsets; and a waiver of the requirement to show major natural features within 250
of the boundary line of the site to the south.
Mr. Lyon indicated that the property was Dr. Pidgeons and MDOT is transferring it back to the Pidgeons so if there are any problems, it would from the Pidgeons to the Pidgeons. He also indicated that they could not cut into the existing hill for stability reasons.
Board members reviewed the application for completeness.
Pam Mitchel made a motion that the application is complete upon submission of the requests for three waivers: 1. To show boundary lines of the zoning districts; 2. To show major natural features within 250’ of the boundary line to the south; and 3. To use bearings and distances instead of stationings and offsets. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members reviewed the Shoreland Zoning Land Use Standards in Section 6. H. of the Land Use Ordinance and voted on each standard individually.
Pam Mitchel made a motion that Land Use Standard 1 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 2 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 3 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 4 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 5 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 6 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 7 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 8 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that Land Use Standard 9 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 10 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 11 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 12 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 13 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 14 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 15 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
16. Pam Mitchel made a motion that Land Use Standard 16 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
17.Pam Mitchel made a motion that Land Use Standard 17 has been met. Deborah Willis
seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 18 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 19 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 20 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Section 3, A. General Performance Standards
Pam Mitchel made a motion to that Performance Standard A. does not apply.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
B 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.
C. 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.
F. Pam Mitchel made a motion that Performance Standard F has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
G. 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.
I. 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.
J. 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.
K. 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.
L. Pam Mitchel made a motion that Performance Standard L has been met with the condition
that Mr. Lyon makes sure that MDOT has no problems with the lights. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
M. 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.
N. 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.
O. 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.
P. Pam Mitchel made a motion that Performance Standard P will not be met until the applicant
received a variance from the Zoning Board of Appeals covering P. 9. B., which requires a minimum setback of 25’ from the right-of-way. Deborah Willis seconded the motion
Vote: 5 in favor. 0 opposed. Motion passed.
Q. 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.
R. Pam Mitchel made a motion that Performance Standard R does not apply. Deborah Willis
seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
S. Pam Mitchel made a motion that Performance Standard S has been met. Deborah Willis
seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
T. 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.
U. 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
V. 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.
W. 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.
X. 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.
Y. 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.
Z. 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.
AA. 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.
Section 5. Q. Site Plan Review Criteria
Chair Hart read the Applicant’s response to each of the Review Criteria and Board members voted on each of them individually.
1A Pam Mitchel made a motion to accept Review Criteria 1A with the condition that the Applicant receives a variance for 3. P. 9. B. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members skipped Review Criteria 1B & 2 for now.
3. Pam Mitchel made a motion that we accept Review Criteria 3 as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that we accept Review Criteria 4 as written. 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. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that we accept Review Criteria 6 as written. 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. 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. 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. 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. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 11 as written. 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. 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. 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. 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. 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. 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. 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 presented in the previous workshop. 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 with the condition that trash receptacles in area will be added to the City’s contract. 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. 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. 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 found that the Applicant has met all of the standards in the Site Plan Review Ordinance. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
2. Review Criteria 2.
Pam Mitchel made a motion that this Application does meet the Comprehensive Plan as amended and will meet all applicable regulations and ordinances of the City when it receives a variance from the Board of Appeals. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this proposal with the conditions that the applicant requests three waivers: 1. To show the Shoreland Overland boundary; 2. Requirement of barings and distances instead of stationing and offsets; and 3. To show major natural features within 250 feet of property line to the south and a second condition that the Applicant receives approval of a variance from the Zoning Board of Appeals for 3. P. 9. b. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Next meeting is August 9, 2005 @ 6:00 PM.
10.) Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:38 PM.
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