6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board August 9, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
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
David Owen Gerald L. Harvey Shirley Harvey
Jennifer Lewis Michael B. Swain June Swain
Jackie Frost Rod Frost Heidi Daniel
Richard Daniel
1.) Chair Pat Hart called the meeting to order at 6:03 PM.
Roll call taken.
Chair Hart went over the schedule for the evening.
3.) Pam Mitchel made a motion to accept the July 12-13, 2005 minutes as written with a correction on page 9 (Noted for the record, the following correction: Board determines that this the walkway is a structure and not a path.) Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) PUBLIC HEARING – Subdivision Application Completeness & Preliminary Review
Public Hearing – Subdivision Application Completeness and Preliminary Review
Richard and Heidi Daniel are seeking approval of a subdivision North Ridge at 270 Costello Road on City Tax Map 3 Lot 11 in the Rural / Resource Protection (R/RP) Zoning Districts.
Chair Hart asked Board members if they felt they could hear this application in an unbiased manner. Ed Lawrence recused himself as he is assisting this applicant. Deborah Willis indicated that she has at times had vehicles repaired at the Applicant’s auto repair shop but felt it would not impact her on this application. Pat Hart indicated that she is a member of the Gardiner Rotary as is Mr. Daniel but it would not effect her judgment on this application.
Ed Lawrence, representing Mr. Daniel, handed out modifications to the plan. He indicated that he had contacted the Maine Inland Fisheries & Wildlife Department (MIF&W). The MIF&W indicated that part of this property is a deer wintering area and there are wetlands. They recommend that a 250’ buffer remain undisturbed. The applicant has increased the size of the development by decreasing the number of lots from 7 to 6.
A review of the application for completeness was made.
Pam Mitchel made a motion that the application is complete with a note that the applicant is asking for a waiver of the requirement for a County Soil Survey; a waiver of the granite monument requirement; letters of recommendation from the Fire Department, Police Department and Public Works; a letter from the well drilling company; a note on the plan that the electric lines will be overhead; a new plan showing the road profile; a note indicating traffic generated and test pit data for lot #5. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Chair Hart asked Barbara if anyone had contacted her office about this proposal. Barbara said a number of people had come in to look at the plan, but no one put anything in writing.
6:38 PM Open public hearing.
Michael Swain, an abutting property owner shared his concerns. He has concerns for the common open space and Rolling Dam Brook, a resource protection area, because what effects the brook here will effect it all the way down. He is pleased with the adjustments to the plan, but is still concerned about lot #5, which is divided by the 100-year flood. He asked Dick Daniel about the road. Dick said it would be private with a road association of owners of the individual lots. Mr. Swain was concerned about the traffic – the road area where Mr. Daniel’s driveway is dangerous and this project will potentially add a lot of traffic and wondered whether or not a traffic impact study was necessary. He said he is not against progress but is here to seen that it is done
properly.
Jane Swain indicated that the common area is a very significant wetland. They see wildlife of all kinds and she has a big concern that it be preserved.
Jim Montell asked if it were so that there would be no development within the common area. Ed Lawrence said that they cannot develop within 250’ of the upland edge of the wetland.
6:46 PM Closed public hearing.
Chair Hart asked Barbara if she had heard of any other issues. She said only the protection of Rolling Dam Brook and the bird habitat. Pat said that the 100-year flood plan is not based on a flood study of this area. Ed indicated that the water would have to be 20’ higher than normal to reach that.
Board members reviewed and voted on each of the following performance standards:
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: 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.
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.
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.
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 does not apply. Deborah Willis seconded the motion
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard P does not apply. Deborah Willis seconded the motion
Vote: 5 in favor. 0 opposed. Motion passed.
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 does not apply. 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 with not on map that homes have driveways. 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 to accept the reduction in lot size due to the dedication of open space within the subdivision. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
U.2. Pam Mitchel made a motion that Performance Standard U.2 has been met.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U.3 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U. 4. 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.5 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U. 6 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U.7 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.8 has been met. 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 has been met. 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: 6 in favor. 0 opposed. Motion passed.
Chair Hart read the Applicant’s response to each of the General Standards from Section 8. K and voted on each of them individually.
Pam Mitchel made a motion that Performance Standard K2 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
3. Pam Mitchel made a motion that Performance Standard K 3 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that Performance Standard K 4 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that Performance Standard K 5 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that Performance Standard K 6 has been met with the granting of the waiver. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that Performance Standard K 7 has been met with requirement noted on the plan that Lot 5 must meet requirements in S. K. 7. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that Performance Standard K 8 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that Performance Standard K 9 has been met with the inclusion of a note on the map stating that there will be minimal cutting in the setbacks on the side and rear of the lots except for dead and diseased trees. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that Performance Standard K 10 has been met with the note that the map of the road will meet E911 standards. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard K 11 has been met with a note that applicant will be doing a test pit on Lot #5. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that Performance Standard K 12 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that Performance Standard K 13 has been. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that Performance Standard K 14 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
1. Pam Mitchel made a motion that Performance Standard K 1 has been met with the requirements that a note be put on the map stating the deed restrictions; a note on the map stating that a study showing the 100 year flood level elevation will be conducted before construction on lot #5; a note on the map stating there will be minimal cutting in the side and rear setbacks except for dead and diseased trees; a note on the map stating that there will be private driveways for each lot; the road plan must meet E911 standards; submit a new road profile; and in the deed restrictions there must be a note on the plan that there will be no mobile homes. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we give the North Ridge Subdivision preliminary approval with the restrictions previously noted. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members scheduled a Site Walk for Wednesday, August 31, 2005 at 6:00 PM.
8:34 PM Break
8:41 PM Meeting resumes.
5.) Public Hearing - Application Completeness and Site Plan Approval
David Owen is seeking approval to construct a dwelling unit on the second floor of an existing structure (barn) at 102 Highland Avenue on City Tax Map 36, Lot 146 in the High Density Residential (HDR) Zoning District.
Chair Hart asked if any of the Board members had anything to disclose reference to this application. There were none. Ed Lawrence resumed his position on the Board.
Mr. Owen indicated that he has a barn on his property and would like to finish off the second story into a large apartment. He will add parking.
Board members reviewed the application for completeness. They noted that this is not a major development. The applicant has requested 7 waivers as detailed on pages 12 & 13 of the application.
Pam Mitchel made a motion that we grant a waiver of the requirements found in Gardiner’s Land Use Ordinance, Sections 5. H. 5. b, c, f, g, i., l & 5. H. 6. a. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Board members reviewed and voted on each of the General Performance Standards
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: 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.
C. Pam Mitchel made a motion that Performance Standard C does not apply. 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 does not apply. Deborah Willis seconded the motion.
Vote: 6 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: 6 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: 6 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: 6 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: 6 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: 6 in favor. 0 opposed. Motion passed.
L. Pam Mitchel made a motion that Performance Standard L has been met with the condition
that the applicant get approval from the CEO of the type of lights he will use. Deborah Willis seconded the motion.
Vote: 6 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: 6 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: 6 in favor. 0 opposed. Motion passed.
O. Pam Mitchel made a motion that Performance Standard O does not apply. Deborah Willis
seconded the motion
Vote: 6 in favor. 0 opposed. Motion passed.
P. Pam Mitchel made a motion that Performance Standard P does not apply. Deborah Willis
seconded the motion
Vote: 6 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: 6 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: 6 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: 6 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: 6 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: 6 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: 6 in favor. 0 opposed. Motion passed.
X. Pam Mitchel made a motion that Performance Standard X has been met. Deborah Willis
seconded the motion.
Vote: 6 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: 6 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: 6 in favor. 0 opposed. Motion passed.
AA. Pam Mitchel made a motion that Performance Standard AA has been met with the condition
that the parking spaces, driveway and access way be paved. 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.
9:38 PM Open public hearing. No comments.
Chair Hart asked Barbara if there had been any feedback relative to this application. Barbara said she did hear from an abutter for the first variance hearing but he did not attend or put anything in writing. The concerns were the parking and the removal of hedges.
9:38 PM Close public hearing
Chair Hart read the Applicant’s response to each of the Review Criteria found in Gardiner’s Land Use Ordinance, Section 5. Q. and Board members voted on each of them individually.
1A Pam Mitchel made a motion to accept Review Criteria 1A as written. 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 we accept Review Criteria 10 as written. Deborah Willis seconded the motion.
Vote: 6 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: 6 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: 6 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: 6 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: 6 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: 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 written. Deborah Willis seconded the motion.
Vote: 5 in favor. 1 opposed. (Jim Montell, did not show financial capacity. Motion passed.
19. Pam Mitchel made a motion that we accept Review Criteria 19 as written. 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. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
2. Review Criteria 2.
Pam Mitchel made a motion that we accept Review Criteria 2 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
1. b Review Criteria 1b
Pam Mitchel made a motion that we accept Review Criteria 1. b. with the condition that the driveway and parking area be paved. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Jim Montell asked if a Certificate of Occupancy would be required before apartment could be occupied. Barbara said yes.
Pam Mitchel made a motion that we approve this application with two conditions: 1. Any exterior lighting be approved by the CEO and 2. The driveway and parking area be paved. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
ADJOURN
Carla Noyes made a motion to adjourn. Pat Hart seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:58 PM.
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