6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board September 13 & 14, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
September 13, 2005
ROLL CALL
Present: Pat Hart Deborah Willis Pamela Mitchel
Edward Lawrence Carla Noyes
Absent: James Montell Bob Moody, Alternate
Also Present: Mitchell Rasor, Town Planner, Staff to Planning Board
Dorothy Morang, Planning Board Recording Secretary
Michael Rock Samantha Sidelinger Hilda Whitmore
Betty J. Esterline Keith Whitmore Sr. William Esterline, Jr.
Holly Sidelinger Dan Colby Dan McKenna
Antje Kablitz
1.) Chair Pat Hart called the meeting to order at 6:08 PM.
Roll call taken.
Chair Hart went over the schedule for the evening.
3.) Dorothy noted errors on the minutes from the August 9, 2005 minutes. Pam Mitchel made a motion to table the August 9, 2005 minutes to September 14, 2005 to get an updated copy of the minutes. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) Public Hearing – Shoreland Permit Final Approval
Michael J. & Michelle S. Rock are seeking a Shoreland Permit to construct an 8’x12’ storage shed. The property, located at 29 Harrison Avenue, is within the Resource Protection (RP) Zoning District, City Tax Map 28, Lot 1.
Michael Rock introduced himself and indicated that he has purchased an 8’x12’ storage shed to be constructed and delivered to his property and needs this permit to do that. He has been trying for five months and it is very frustrating.
Mitchell Rasor explained that due to errors on the Zoning Map, it has prevented Mr. Rock from putting a shed on his property. The City is attempting to correct those mapping errors at this time.
Board members discussed whether they could review this application at this time and decided that, although there were mapping errors, the Land Use Ordinance allows them to review this application.
Chair Hart read the application.
6:37 PM meeting opened for public hearing. No comment. Chair Hart asked Dorothy if there had been any letters or other comments received. Dorothy said no.
6:38 PM meeting closed for public comment.
The Planning Board reviewed the Land Use Standards in Section 6 H., Shoreland Zoning and voted on each individually.
1. 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.
2. Pam Mitchel made a motion that Land Use Standard 2 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
3. 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.
4. Pam Mitchel made a motion that Land Use Standard 4 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5. 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.
6. Pam Mitchel made a motion that Land Use Standard 6 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that Land Use Standard 7 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8. 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.
10. Pam Mitchel made a motion that Land Use Standard 10 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that Land Use Standard 11 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
12. 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.
13. Pam Mitchel made a motion that Land Use Standard 13 a. has been met with the condition that the Applicant provide an updated drawing of shed on lot with setbacks. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 13 b 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 c 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 13 d 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 e 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 f does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
14. 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.
15. 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 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
18. Pam Mitchel made a motion that Land Use Standard 18 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
19. 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.
20. Pam Mitchel made a motion that Land Use Standard 20 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve the application with the condition that the Applicant provide us with an updated drawing showing the new location of the shed with setbacks. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5.) Public Hearing – Site Plan Review Final Approval
Samantha & Randy Sidelinger are seeking Site Plan Approval for a Home Occupation Permit to operate a Family Home Daycare in their home. The property, located at 24 Clinton Street, is within the High Density Residential (HDR) Zoning District, City Tax Map 36, Lot 113.
Chair Hart read the application.
Samantha Sidelinger introduced herself and said that she and her sister-in-law would like to have a family child care business in Samantha’s home. The hours of operation would be from 5:00 AM – 5:00 PM for ages 1 and up. All of her neighbors are ok with this. Her application with the State is still in the process, just waiting for the background check, which takes about 5 months. She will be licensed for 12 children.
Samantha is asking for a waiver for the Traffic Impact Analysis and any other portion of the Site Plan Review that does not apply.
Chair Hart asked if any of the Board members had any reason that they could not hear this application in an unbiased manner. Board members said no.
7:06 PM Meeting opened for public hearing.
Polly Sidelinger said it was a great idea. Chair Hart asked Dorothy Morang and Mitchell Rasor if they had received any comments or letters. They said no.
7:08 PM Meeting closed for public comment.
The Board members reviewed the Application for completeness.
Pam Mitchel made a motion that the Application is complete with the condition that the Applicant provide a copy of her deed; a drawing of the lot showing the building, parking area and exterior lighting; and a note indicating the number of trips and the estimated start date.
Mitchell asked if there would be any changes to the outside play area. The Applicant said no. He also noted that the 26 trips the Applicant is talking about would bring this Application to a different level.
The Board members reviewed the Applicant’s response to the Performance Standards, Section 3 of the Land Use Ordinance and voted on each one individually.
Pam Mitchel made a motion that Performance Standard A does not apply. 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 does not apply. 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
Pam Mitchel made a motion that Performance Standard F does not apply. 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 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed
Board members discussed the definition of structure and outdoor play area as it relates to a Home Occupation. The use seems to fit the Comprehensive Plan, but the Land Use Ordinance is not consistent with it for this standard. They looked at the intent of this standard.
Pam Mitchel indicated that the Ordinance reads to conduct the Home Occupation within the principle building or accessory structure. She feels that the play area is suitable and does not impact the neighborhood and historically neighborhoods have had in-home day cares. Pat Hart, Deborah Willis and Ed Lawrence agree. Carla Noyes indicated that if it opened too early, it might effect the neighbors. The Applicant said she is willing to change the starting time to 6:00 AM.
Pam Mitchel made a motion that the Planning Board members feel that a Home Occupation Day Care fits within a residential character of a dwelling unit and the neighborhood. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I. 2. b 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. 2. 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 I. 2. 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 I. 2. e 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. 2. 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 I. 2. g 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. 2. h does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I. 2. i 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. 2. 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 I. 2. k 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. 2. l does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I. 3 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. 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 does not apply. 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: 5 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 has been met. 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
Board members reviewed the Applicant’s responses to the Review Criteria and voted on each one individually.
1. Pam Mitchel made a motion that we accept Review Criteria 1. a. as described in the Application. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria 1 b and 2 will be voted on later.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Pam Mitchel made a motion that we accept Review Criteria 18 as written with the condition that the Applicant show a copy of the State License to the CEO before she gets her permit. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 19 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 20 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 21 as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
b Pam Mitchel made a motion that we accept Review Criteria 1. b as written with the
condition that the Applicant show the State License to the CEO. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 2 as written. Deborah
Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept the Application with the condition that the Applicant provide a copy of her deed, a sketch showing the location of the street, driveway, house, parking area, light on outside of building and a note indicating that she will limit the number of vehicle trips a day to 20 and the start date, Fall 2005 and the hours of operation are 6:00 AM – 5:00 PM and the Applicant will provide a copy of the State Day Care License to the CEO. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Deborah Willis read the following statement into the record:
“Let the record reflect that I believe Home Day Care is allowed as a Home Occupation because the definition of Day Care Center states a facility that exceeds the definition of a Home Occupation. Also Day Care is not prohibited specifically as a Home Occupation.”
6.) Public Hearing – Application Completeness & Preliminary Subdivision Approval
Carlos Gonzalez, Brian Carlson, & Michael Guidici are seeking Application Completeness and Preliminary Subdivision Approval of a 13-lot subdivision named Pahrk Place. The property, located at 324 Marston Road, is within the Rural (R) Zoning District, City Tax Map 17, Lot 16.
Due to the fact that neither the Applicant nor his Agent is present for this item, it cannot be heard. Dorothy Morang indicated that a notice of the meeting was sent to the Applicant. Dorothy will call the Applicant tomorrow to determine whether they intend to proceed with this Application.
Board members decided that the October meeting would be on Wednesday, October 12, 2005 to accommodate members who had other responsibilities on October 11, 2005.
8:50 PM Break
9:00 PM Meeting resumed.
7.) Workshop
Hilltop Log & Timber Homes is seeking direction regarding a proposed 19-lot subdivision named Streamside Estates II. The property, located at 879 Brunswick Avenue, is within the Planned Development (PD) Zoning District, City Tax Map 11, Lot 18.
Dan Colby and Dan McKenna introduced themselves and discussed their proposal for a 15-lot subdivision on a lot adjacent to their other subdivision. It will be served by a separate road. If they connected the two it would trigger Maine Department of Environmental Protection (MDEP) review (Site Location Development). They said the Maine Department of Transportation (MDOT) has been out to look at the lot and the expect approval within 1 week. They discussed the setback requirement from the edge of the right-of-way to the tributary stream. They believe it only applies in the Resource Protection Zone. Mitchell Rasor said that MDEP says 75’ and suggested that maybe they should get something from MDEP. Mitchell also mentioned that MDEP has a rule, Common Scheme of Development
and even though these two lots are separate properties, the State looks at them as one if they are the same owner even though they have separate entrances. Pat Hart asked about connecting the two. Dan said he is concerned about triggering the MDEP review. Mitchell said he thinks MDEP looks more at acreage, the number of lots and the properties being adjacent. They discussed ways to improve the drove.
OTHER BUSINESS
Chair Hart asked if the Planning and Development Director and CEO positions had been advertised. Dorothy said yes, the closing was September 14, 2005.
Chair Hart thanked Mitch and Antje for coming and expressed her appreciation at having them assist the Board. She reminded the Board that this meeting continues to September 14, 2005 with the North Ridge Subdivision and Zoning Changes.
Chair Hart reminded the Board members that they needed to remain to sign some mylars from a previous subdivision.
ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:38 PM.
September 14, 2005
(Meeting continued from September 13, 2005)
ROLL CALL
Present: Pat Hart Deborah Willis Pamela Mitchel
Edward Lawrence Carla Noyes James Montell
Absent: Bob Moody, Alternate
Also Present: Mitchell Rasor, Town Planner, Staff to Planning Board
Dorothy Morang, Planning Board Recording Secretary
Heidi Daniel Richard Daniel Claudette Purington
Jane Swain Michael B. Swain Linda Porter
1.) Chair Pat Hart called the meeting to order at 6:13 PM.
Roll call taken.
6:15 PM Carla Noyes arrived.
Site walk notes from August 31, 2005 and amended minutes from August 9, 2005.
Pam Mitchel made a motion that we accept the notes from the August 31, 2005 site
walk as written. Deborah Willis seconded the motion.
Vote: 3 in favor. 0 opposed. 3 abstained (James Montell & Carla Noyes not at meeting; Ed Lawrence is working on this project for Applicant). Motion passed.
Pam Mitchel made a motion that we accept the August 9, 2005 as amended. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Chair Hart notified Board members that the Pahrk Place Subdivision Application will be heard at the next regular meeting scheduled for Wednesday, October 12, 2005.
4.) 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 if there is any Board member who cannot hear this Application without bias. Ed Lawrence recused himself because he is doing work for the Applicant. Pat Hart disclosed that she is a member of the Rotary Club with Mr. Daniel but it will not influence her decision on this Application.
Chair Hart reviewed the items that were outstanding from the Preliminary Approval – letters from Public Safety, Fire Department and Public Works; letter from well drilling company; waiver of County Soil Survey; waiver of granite monuments; notes on the plan that electric lines will be overhead, estimate of traffic generated and test pit data for lot #5; a new road profile.
Ed Lawrence gave an update of the project. Notes have been added to the plan as requested. General notes 10 – 15 include a declaration of restrictions, waivers, and common area restrictions. He has submitted a new road profile and a letter from the Maine Department of Inland Fisheries and Wildlife (MIF&W) stating that they must be 250’ from the non-forested wetlands. General Note No. 11 deals with a flood study to be done prior to any construction. It needs to be amended to reflect just lot #5.
6:45 PM Meeting open for public hearing.
Mike Swain, an abutter, asked about the new configuration and if test pits were done on all lots. Ed said yes, except for #5. It’s ok but they’re waiting for a letter showing that. Mike asked if a Traffic Impact Study is needed. Pat Hart said this project does not rise to the level of trips to require one.
Jane Swain asked where the driveway was exiting for lot #1. Heidi Daniel said they owners have not decided whether to exit onto this road or Costello Road. The lot is not part of the subdivision.
Linda Porter, a neighbor who lives near the four corners said she was denied a permit to put in storage buildings – why can he build her and she could not? Chair Hart said that they can only review the Application that is before the Board. She offered that Ms. Porter could talk at another time with the Planner, Mitchell Rasor.
Chair Hart read a letter from Mrs. Frost, an abutter, reference the drainage. It was dated 8/10/05. During the site walk on August 31, 2005, that issue was resolved. Chair Hart asked Dorothy if the office had received any calls, contact or letters. Dorothy said no.
6:55 PM Close public hearing.
Mitchell Rasor brought up the issue of a 10’ offset required on page 8-30 #9 of the Land Use Ordinance. Chair Hart said they’d discuss it when they get to that section.
Board members reviewed each of the Performance Standards in Section 3 and voted on them individually.
Pam Mitchel made a motion that Performance Standard A 1 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard A 2 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard A 3 does not apply. 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 with the condition that a note would be put on the plan indicating sight distance as measured by a surveyor. 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.
Mitchell Rasor asked about the split for the Cooleys. Deborah Willis looked up the state laws on subdivisions and it was determined that the Cooley lot was the first lot and not a part of this subdivision. Mitchell said he highly recommends that the driveway be from the subdivision road and not Costello Road for safety concerns.
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 has been met. 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 does not apply. 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.
Performance Standard U 2 a will be voted on later.
Pam Mitchel made a motion that Performance Standard U 2 b has been met with the condition that a note be put on the map of lot size reduction as allowed by the City Code. Deborah Willis seconded the motion. Pam Mitchel amended the motion to remove City Code and add Land Use Ordinance Standards. 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 with the condition that test pit data for Lot #5 be provided by the Applicant. 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
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
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
Board members reviewed the Applicant’s response to each of the Review Criteria Section 8 A. and voted on each of them individually.
Pam Mitchel made a motion that Review Criteria 1 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 2 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 3 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 4 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 5 has been met with the condition that a note about sight distance be put on the map. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 6 has been met with the condition that we receive test pit data for Lot #5. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 7 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 8 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Review Criteria A 9 will be voted on later.
Pam Mitchel made a motion that Review Criteria 10 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 11 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Mitchell Rasor asked if the common open space was all in Resource Protection. Ed Lawrence said no. Mitchell directed the Board to Section 2. D, Division of Lots by District Boundaries and the definition of Resource Protection in Section 2. E.1. Mitchell asked where the boundary is between the two districts and if the Board had done another application with two zoning districts. Chair Hart gave him the Williams Fuel example. They held each part of the parcel to the separate standard. Jim Montell said that we go by what we have. Pam Mitchel said the 250’ setback protects this area even if we don’t know exactly where the boundary is.
Pam Mitchel made a motion that because of the uncertainty of the map lines indicating the exact boundary of the Resource Protection Zone and because the intent of the Applicant is to protect the wetland, it appears that the Applicant is in compliance with the Comprehensive Plan and the current Land Use Ordinance. Deborah Willis seconded the motion.
Vote. 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 12 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 13 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 14 has been met with a note that the Applicant has met all the standards in the Planned Residential Development Standards Section. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed each of the Subdivision, General Standards, Section 8 K and voted on them individually.
Section 8 K, General Standard 1 will be voted on later.
Pam Mitchel made a motion that General Standard 2 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 3 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 4 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 5 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 6 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 7 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 8 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 9 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 10 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 11 has been met with the condition that we get test pita data for Lot #5. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 12 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that General Standard 13 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed the issue of Street Design & Construction Standard in Section 8 K. 14 d 9, which says that all proposed streets which abut lots not part of the proposed subdivision shall have the minimum right-of-way width setback a minimum of 10 feet from the abutting property line.
Ed Lawrence notes that in this plan, the right-of-way is right on the line. If they were to comply with this, it would put a 10’ strip the length of the right-of-way along the Swain’s property 10 feet wide that would belong to Lot #6, creating a flag lot, an unusual shaped lot and the Hinkley-Cooley Lot would be forced to put their driveway on the Costello Road because they couldn’t cross the setback area.
Pat Hart indicated that the Board did not require this with the other subdivisions. She said it doesn’t make sense when you think about the Ordinance. Mitchell Rasor said he doesn’t know why this is in here, normally they would call this a spite strip, which would be put in to not allow someone to cross a strip to a private road. Ed Lawrence said it contradicts Performance Standard K 3 e and Barbara McPheters, the former CEO, did not feel it was right and did not require it of the other subdivisions that came before this Board. Deborah Willis said because we did not require it with the other subdivisions, we have precedence. Mitchell said if we allowed this, it wouldn’t allow someone to have frontage on this road, denying them rights to their own land and he
doesn’t know why this is in the Ordinance. Chair Hart said that this puts the Applicant in a double bind. If we force compliance with this, the Applicant would be not in compliance with other sections of the Ordinance.
Pam Mitchel made a motion that General Standard 14 has been met with the note that forcing compliance with Standard K. 14. d. 9 will force the Applicant to violate Standard K 3 e and there is precedence of no requirement of compliance under the current Land Use Ordinance. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members reviewed and voted on those standards that they had delayed.
Section 3 U 2 a.
Pam Mitchel made a motion that Performance Standard U 2 a. has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Section 8 A 9
Pam Mitchel made a motion that Review Criteria A 9 of the Subdivision Standards has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Section 8 K 1
Pam Mitchel made a motion that Subdivision, General Standard K 1 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed, Motion passed.
Board members reviewed those items still needed.
Pam Mitchel made a motion that we approve this Subdivision Application with the conditions that 1. The Applicant submit a letter from City Services; 2. The Applicant submit test pit data on Lot #5; 3. A note be put on the plan indicating the sight distance; 4. A note be put on the plan indicating the Applicant is using the lot size reduction as allowed by the City Land Use Ordinance; and 5. Applicant requests a County Soil Survey waiver. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8:45 Break
8:55 Meeting resumed
Ed Lawrence returned to the Board.
OTHER BUSINESS
Chair Hart introduced two items that the City asked the Board to consider. The first issue is described in a memo dated September 9, 2005 with supporting documentation and refers to mapping errors. Councilor Lewis Benner sponsors it.
Mitchell Rasor explained the mapping errors and indicated that the Ordinance Review Committee had planned to recommend these corrections and others, but have not had a quorum to vote on them. The errors are putting applicants in a bind because, in one situation, a church is not able to construct handicap parking and the other designates several lots as Resource Protection, which they are not, thus preventing land owners from constructing anything on their properties.
After review, Chair Hart asked the Board what was their recommendation.
Pam Mitchel made a motion that the Board recommend to the City Council that the zoning errors be corrected as indicated on the memo dated September 9, 2005. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
The final matter is a request sponsored by Council Member, Lewis Benner. His request, as stated in his memo, asks that the Land Use Chart be corrected to allow the Community, Non-Profit Activity Use in the High Density Residential Zoning District as it was in the previous Zoning Ordinance and also to remove the comma between Community and Non-Profit.
Chair Hart indicated that there are a couple of issues. With the old Zoning Ordinance, the Conditional Use allowed each use to be carefully considered by the Board to maintain the area around the use and it was not allowed all the time. The Land Use Ordinance changed that and the new Land Use Chart allows consistent uses. There is no paper trail to say that it was inadvertently left out from the Conditional Use Chart. The Boys and Girls Club have a chance to purchase the old Pray Street School building, but it is not an allowed use under the current Land Use Ordinance.
Board members discussed options such as spot zoning and the fact that the Boys and Girls Club is has an educational component to it and the current Land Use Chart allows School and other Educational Buildings. The current situation with the Boys and Girls Club appears to be a socially acceptable use.
Deborah Willis said she is uncomfortable changing this use with no paper trail. Pam Mitchel said she doesn’t see the difference with or without the comma. Pat Hart said if we change the Ordinance for this, it opens the door that could lead to unintended consequences throughout the neighborhoods. She said she serves on the Ordinance Review Committee and they are considering this as well as other properties (vacant buildings, old uses) that no longer fit the character of the neighborhoods.
Deborah Willis said we run a terrible risk of unknowns any time we change laws to accommodate one situation. She thinks spot zoning is allowable and the City had considered Contract Zoning. Previously the City Council had the 1st and 2nd readings and people were afraid that inappropriate things might be allowed and the Councilors were not sure, so it did not go forward.
Pam Mitchel made a motion that, in regards to Mr. Benner’s request for a change to the Land Use Chart, the Planning Board feels that there is no evidence provided that there was an oversight in creating the current Land use Chart and is concerned that the suggested change is overly broad and could lead to unintended consequences throughout the neighborhoods of Gardiner. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
5.) Adjourn
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion
Vote: 6 in favor. 0 opposed. Motion passed.
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