6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board October 12, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Deborah Willis Pamela Mitchel
Edward Lawrence
Absent: James Montell Carla Noyes Bob Moody, Alternate
Also Present: Mitchell Rasor, Town Planner, Staff to Planning Board
Dorothy Morang, Planning Board Recording Secretary
Kane Coffin Bryan Carlson Elaine Carlson
Raynee Carlson Byer Carlson Victor Gagnon
Larry Chase
1.) Chair Pat Hart called the meeting to order at 6:04 PM.
2.) Roll call taken.
Chair Hart went over the schedule for the evening. She postponed the voting on the minutes until later in the meeting when Ed Lawrence was scheduled to arrive.
NEW BUSINESS
4.) Workshop
Eagles, Aerie 4330, Victor A. Gagnon, Applicant is seeking direction regarding a proposed Change of Use of a Residential Use (single family dwelling) to a Social and Fraternal Organization Use. The property, located at 458 Brunswick Avenue, is within the Planned Development (PD) Zoning District, City Tax Map 20, Lot 9.
Victor Gagnon introduced himself as representing the Eagles 4330. He indicated that the property is located at 458 Brunswick Avenue. The Eagles are meeting with an engineer to determine what work needs to be done to the property to bring it up to standard for this use and the report will go to the Fire Marshals Office. He doesn’t know yet what the hours of operation will be. It is a Fraternal Order, a social club. They raise money for charities. He showed a sketch of the property and pictures. They plan to move into the house and the garage will eventually go to another use after the leasee (garage) vacates. Mr. Gagnon said that there may be 25 to 30 cars. Currently they are in Chelsea but are losing money on the building. Most of the people who
attend live in Gardiner.
Mitchell Rasor discussed with Mr. Gagnon the 50’ frontage and the possibility of sub-dividing for future use. The parcel is in the Planned Development Zoning District so buffering is not a big issue. Mitchell said dividing the lot would be a way to deal with this situation. It would create a right of way to meet the frontage standards. Mitchell went over the parking requirements and layout to meet current standards. He suggested that they ask their engineer to help them draw up the Site Plan for the Planning Board. Mitchell said that he would assist the Eagles with the application if they needed it.
6:40 PM Break
6:55 PM resumed meeting
Ed Lawrence arrived during the break.
3.) Pam Mitchel made a motion to approve the minutes as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5.) 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.
Chair Hart asked if any of the Board members had anything to disclose concerning the next application. Deborah Willis said she lives on the Capen Road that intersects with the Marston Road. Pat Hart said she is friends with one of the abutters here tonight but it would not interfere with her review of the application.
Kane Coffin described the parcel and the history of the parcel and surrounding properties. He went over the proposal for the road and each of the sites. He indicated that they do not need a Maine Department of Environmental Protection (MDEP) permit. Brian Carlson showed on the plan where a house is currently being built. Brian said he going to sell off lot 1 but has not done it yet. Chair Hart said that she will need the information on the Purington Subdivision driveways to ensure that it will not create a safety issue with this road.
The Board reviewed the Application for completeness. The following items were identified in Section 8: D. 1. a. 1 Existing subdivisions in the proximity of the proposed subdivision; D. 1. a. 3. Note on the plan indicating the boundaries and designations of zoning districts; D. 1. d. Proposed deed restrictions and easements; D. 1. f. 2. Provide a letter from the well drilling company; D. 1. g.,i & j Mitch will get Department Heads’ reviews; D. 2. h Need a waiver from the requirement for monuments; D. 2. m. Show buildings on Plan, Lot #3 and septic field; D. 2. p. Show storm water culvert on plan; D. 2. q. is not applicable; D. 2. r Put a note on the Plan that there will be electrical lines overhead; D. 2. s.& t. not applicable; D. 2. ff. Note on plan indicating estimate of vehicle traffic (10
per lot per day). Section 5: 5. e. Location, dimensions & ground floor elevations of all existing buildings on the site; 5. h. Location of existing driveways across the street (Purington’s subdivision) and abutters’ driveways; 5. o. Location and type of all existing external lighting; 5. r. Waiver for location and type of trees; 6. a. Location of all building setbacks, yards & buffers; 6. b not applicable; 6. j. Note on plan indicating individual trash removal & include in deed restrictions; 6. l. not applicable; 6. o. Note on plan or letter indicating start & completion dates.
Pam Mitchel made a motion that the Application is complete with the addition of the 20 items discussed. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Hart asked Dorothy if there had been any written or verbal comments received concerning this Application. Dorothy said no.
8:06 PM meeting opened for public comment.
Patricia Gleason, an abutter indicated that she had just learned that her driveway is on the Applicant’s property. She has lived there for a number of years and was told the property line is her driveway. Kane Coffin indicated that the Applicant is interested in working this situation out with Ms. Gleason. They discussed options. Chair Hart said that the Planning Board could only vote on this Application.
8:34 PM Closed public hearing.
The Board members reviewed the Performance Standards responses to Section 3 and voted on each of them individually.
A. Pam Mitchel made a motion that Performance Standard A has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
B. Pam Mitchel made a motion that Performance Standard B does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
C. Pam Mitchel made a motion that Performance Standard C has been met with the condition that a note be put on the plan indicating sight distances. Deborah Willis seconded the motion. Pam Mitchel withdrew the motion. Deborah Willis withdrew the second.
Pam Mitchel made a motion that Performance Standard C has been met with the condition that a note be put on the plan indicating sight distances and that the entrance is deemed acceptable to the Director of City Services.
Vote: 4 in favor. 0 0pposed. Motion passed.
D. Pam Mitchel made a motion that Performance Standard D does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
E. Pam Mitchel made a motion that Performance Standard E does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
F. Pam Mitchel made a motion that Performance Standard F does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
G. Pam Mitchel made a motion that Performance Standard G does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
H. Pam Mitchel made a motion that Performance Standard H has been met with the note that the Director of City Services must approve the drawings of the road. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
I. Pam Mitchel made a motion that Performance Standard I does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
J. Pam Mitchel made a motion that Performance Standard J does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
K. Pam Mitchel made a motion that Performance Standard K does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
L. Pam Mitchel made a motion that Performance Standard L does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
M. Pam Mitchel made a motion that Performance Standard M does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
N. Pam Mitchel made a motion that Performance Standard N does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
O. Pam Mitchel made a motion that Performance Standard O does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
P. Pam Mitchel made a motion that Performance Standard P does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
Q. Pam Mitchel made a motion that Performance Standard Q does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
R. Pam Mitchel made a motion that Performance Standard R does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
S. Pam Mitchel made a motion that Performance Standard S does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
T. Pam Mitchel made a motion that Performance Standard T does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
U. Pam Mitchel made a motion that Performance Standard U does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
V. Pam Mitchel made a motion that Performance Standard V does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
W. Pam Mitchel made a motion that Performance Standard W does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
X. Pam Mitchel made a motion that Performance Standard X has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
Y. Pam Mitchel made a motion that Performance Standard Y does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
Z. Pam Mitchel made a motion that Performance Standard Z does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
AA. Pam Mitchel made a motion that Performance Standard AA does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
BB. Pam Mitchel made a motion that Performance Standard BB does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
CC. Pam Mitchel made a motion that Performance Standard CC does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 0pposed. Motion passed.
Board members reviewed the Applicant’s responses to the General Standards in Section 8. K and voted on each one individually.
1. Skip for now
2. Pam Mitchel made a motion that Standard K. 2. has been met. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
3. Pam Mitchel made a motion that Standard K. 3. has been met. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4. Mitchel made a motion that Standard K. 4. has been met with the note that CMP will
provide the Applicant with information about the poles.. Deborah Willis seconded the
motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that Standard K. 5. has been met with the condition that we
get the letter from the well driller. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that Standard K. 6. has been met with the condition that the
Applicant will request a waiver.. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that Standard K. 7. has been met. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that Standard K. 8. has been met. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that Standard K. 9. has been met. Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that Standard K. 10 has been met with the condition that
the Applicant provides us with a new name acceptable to E911. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that Standard K. 11. has been met. Deborah Willis
seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that Standard K. 12. has been met with the condition that
the Applicant provides us with the storm water management data for final approval.
Deborah Willis seconded
the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that Standard K. 13. has been met with the condition that
the merged driveway is resolved in a safe manner. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that Standard K. 14. has been met with the condition that
the road design is approved by City Services. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members reviewed the Applicant’s responses to each of the Site Plan Review Criteria in Section 5. Q. and voted on them individually.
1a Pam Mitchel made a motion that we accept Review Criteria 1. a as written. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
1b Skip 1. b.
2 Skip for now.
3. Pam Mitchel made a motion that we accept Review Criteria 3 as written. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that we accept Review Criteria 4 as written with the condition that the road design meet the approval of the City Services and that the merged driveway is resolved in a safe manner. Deborah Willis seconded the motion.
Vote: 4 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: 4 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: 4 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that Review Criteria 7 does not apply. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that we accept Review Criteria 8 as written with the condition that the storm water management system be approved by the City Services Director . Deborah Willis seconded the motion.
Vote: 4 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: 4 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that we accept Review Criteria 10 as written with the condition that we get a letter from the well driller. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that we accept Review Criteria 11 as written. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that we accept Review Criteria 12 as written with the condition that a note be put on the plan about overhead utilities.. Deborah Willis seconded the motion.
Vote: 4 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: 4 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: 4 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: 4 in favor. 0 opposed. Motion passed.
16. Pam Mitchel made a motion that Review Criteria 16 does not apply. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
17. Pam Mitchel made a motion that Review Criteria 17 does not apply. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
18. Pam Mitchel made a motion that we accept Review Criteria 18 as written with the condition that the Applicant provide a letter from the bank showing financial capacity. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
19. Pam Mitchel made a motion that Review Criteria 19 has been met. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
20. Pam Mitchel made a motion that Review Criteria 20 does not apply. Deborah
Willis seconded the motion.
Vote: 4 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: 4 in favor. 0 opposed. Motion passed.
1. b Pam Mitchel made a motion that Review Criteria 1.b has been met with the conditions that the Applicant receive approval of the road design from City Services; safely resolves the driveway issue; the storm water management design is accepted; a note on the plan about overhead lines; a letter from the bank showing financial capacity and a letter from the well driller showing adequate capacity. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
2. Pam Mitchel made a motion that Review Criteria 2 has been met. Deborah
Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8.K.1 Pam Mitchel made a motion that K. 1 General Standard has been met with the
conditions previously stated. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to give preliminary approval to this Application with the attached conditions previously stated. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Mr. Carlson asked if a permit could be issued for Lot #1 to allow perspective buyer to proceed with construction. Mitchell Rasor said no.
OTHER BUSINESS
Next months meeting will be held on Wednesday, November 9th. The Subdivision Final Plan will need to be in by November 2, 2005.
6. ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Meeting adjourned at 10:02 PM.
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