6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board December 13, 2005
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Deborah Willis Pamela Mitchel
Edward Lawrence James Montell
Absent: Bob Moody, Alternate
Also Present: Mitchell Rasor, Planner, Staff to Planning Board
Jason Simcock, Planning/Development Director
Dorothy Morang, Planning Board Recording Secretary
Katherine Lapointe Bryan Carlson Jason Gall Elliot Thayer
1.) Chair Pat Hart called the meeting to order at 6:12 PM and went over the schedule for the evening.
2.)
3.) Roll call taken.
4.) Pam Mitchel made a motion to approve the minutes as written. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) Workshop
Katherine Lapointe, Applicant is requesting a Workshop prior to seeking Site Plan Approval to place a lunch wagon on a corner (Water Street side) of Daniel Chapman’s property on Bridge Street. The property, located at 2 Bridge Street, is within the Central Business Zoning District, City Tax Map 37, Lot 3.
Katherine Lapointe introduced herself and described her proposal as a lunch wagon that would serve hotdogs and ice cream and cold sandwiches by request. She hoped to serve boaters during the summer months. She showed pictures of the wagon.
Pat Hart asked Katherine about the water and waste. Katherine said it was self-contained and there wouldn’t be any waste. She is steaming the hotdogs. This would be seasonal from April thru November and be open from 11:00 AM to 8:00 PM, at which time she will move the wagon to Hallowell and return it to Gardiner at about 2:00 AM. Pat asked what this would fall under in the Ordinance. Mitchell said he would use the last item on the Use Chart, Uses and structures similar to permitted uses or uses requiring site plan review to give the Board flexibility in terms of accessory use on the site. He said the Board would have to look at it and apply what they can. This is why he suggested a workshop. Pat suggested Katherine work with Mitchell to develop the Site Plan Review
Application.
5.) Public Hearing – Site Plan Approval (tabled from 11/9/05 meeting)
J & R Associates, Jason Gall, Applicant is seeking Site Plan Approval for a Change of Use for a portion of an existing warehouse to Manufacturing, Packaging Goods and Distribution. The property located at 1 Commonwealth Avenue, is within the Planned Development (PD) Zoning District, City Tax Map 28, Lot 68.
Chair Hart introduced the next item, which was tabled from the last meeting and asked J & R Associates to give an overview of their proposal. Chair Hart asked the Board members if anyone had anything to disclose or if they would be biased on this proposal. Board members all said no.
Elliott Thayer distributed a full size drawing of a revised plan. He said they had changed the prior parking plan and eliminated parking on Commonwealth Avenue. All parking will be in the existing parking lot. They have many more spaces than needed for this proposed use. They will slightly widen the back entrance driveway. Elliot addressed each of the outstanding issues from the Site Plan Review Application section of the Ordinance as noted in the previous meeting.
7:01 PM Ed Lawrence arrived.
Mitchell asked what the freezer would be sitting on. Jason Gall said it would be an insulated slab. The entrance to the freezer would be through the building.
Chair Hart asked Mr. Lawrence if he felt he could review this proposal in an unbiased manner and if he had anything to disclose. Ed said nothing to disclose.
Mitchell asked about a financial capacity letter. It was determined that there was sufficient information in the application to determine financial capacity.
Pam Mitchel made a motion that the Applicant has provided all of the requested information from the previous meeting. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we grant the following waivers: Section 5 H. 5. c, e, f, i, l & r and 5 H. 6. g & i. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members reviewed the amended plan and voted on the two Performance Standards that were not met based on a prior plan proposed at the last meeting, Section 3 P and S.
P. Pam Mitchel made a motion that Performance Standard P has been met. 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.
Board members reviewed the Applicant’s responses to the Site Plan Review Criteria in Section 5 Q. and voted on each one of them individually.
1. Pam Mitchel made a motion that we accept Review Criteria 1A as written. Deborah Willis seconded the Motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board skipped Review Criteria 1b until later.
2. The Board skipped Review Criteria 2 until later.
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.
11. 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 written. 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. 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 Pam Mitchel made a motion that we accept Review Criteria 1b as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
2. 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 approve this application. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7:35 PM Break
7:43 PM Resume meeting
6.) Public Hearing – Final Subdivision Approval Amendment
Carlos Gonzalez, Brian Carlson, & Michael Guidici are seeking a Final Subdivision Approval Amendment of a 13-lot subdivision named Carlson Heights. The property, located at 324 Marston Road, is within the Rural (R) Zoning District, City Tax Map 17, Lot 16.
Chair Hart asked if anyone had anything to disclose reference the proposal in Agenda Item #6. Pat Hart said she is a friend of an abutter, Patsy Gleason, but it will not bias her. Deborah Willis said she lives on the Capen Road that connects to the Marston Road, but she would not be biased.
Chair Hart asked if this was a Minor Modification or a Substantial Modification to the previously approved sub-division. After discussion, it was determined to be a Minor Modification.
Pam Mitchel made a motion that this is a Minor Revision to the previously approved sub-division. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 0pposed. Motion passed.
7:49 PM Opened meeting for public comment. No comment.
7:49 PM Closed public hearing.
Mr. Carleson, one of the owners of this property indicated that he had received the letters from the Director of City Services and Fire & Rescue. He explained that he is not changing the construction standards. An abutter is purchasing 5 of the lots and does not want to continue the road into those lots at this time. In this phase, there will be a turn-around in lot #8.
The Board members reviewed Section 8 K. of the Sub Division, General Standards and voted on the two that apply to this modification.
14. Pam Mitchel made a motion that General Standard 14 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
1. Pam Mitchel made a motion that General Standard 1 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept the Carlson Heights Sub-Division as amended. Deborah Willis seconded the motion.
Vote: 5 in favor. 0pposed. Motion passed.
8:00 PM Meeting stopped so Board members could sign the amended plan.
8:06 PM Meeting resumed.
7.) Public Hearing – Site Plan Approval
Verizon Wireless, Applicant is seeking Site Plan Approval to construct a wireless telecommunication facility on an existing tower. The property, owned by SBA Network Services and located at 750 Brunswick Avenue, is within the Planned Development (PD) Zoning District, City Tax Map 16, Lot 22A.
Chair Hart introduced this item and asked the Verizon Wireless Applicant to introduce himself and to give an overview of the proposal.
Scott Anderson introduced himself as the Attorney and Agent for Verizon Wireless. He said that they were expanding north of Portland and towards the east down Route 3. This proposal is for a co-location on an existing tower. There would be a small prefabricated equipment shelter to house the associated electrical equipment for the antennas and expand the fenced in area to accommodate the new shelter. They will use the existing access ways and parking.
Chair Hart asked if any Board member had anything to disclose. They all said that they were customers of Verizon, but would not be biased. Ed Lawrence also disclosed that he could see the tower from his house but it is not a problem. Mitchell Rasor indicated that he is friends with Mr. Anderson.
8:20 PM Open meeting for public comment. No comment.
8:20 PM Close public hearing.
Board members reviewed the Application for completeness. The Applicant has asked for waivers for submission requirements in Section 5 H. 5 b, f, h, i, j, k, m and r, Section 5 H. 6. a, g, i, j, and m and Section 3 BB 3. d and f. Board members indicated that a waiver was needed for Section 5 H. 5 g also.
Pam Mitchel made a motion that we find the Application is complete with the adding of the waiver request 5 H. 5. g. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we grant the waivers requested by the Applicant with the addition of the waiver for Section 5 H. 5. g. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members reviewed the Applicant’s responses to the Performance Standards in Section 3 of the Ordinance and voted on each of them individually.
A. 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.
B. Pam Mitchel made a motion that Performance Standard B has been met. 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.
D. 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.
E. 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. 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 does not apply. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
P. Pam Mitchel made a motion that Performance Standard P has been met. 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 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 has been met. 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 Section 5 Q., Site Plan Review Criteria and voted on each one individually.
1. Pam Mitchel made a motion that we accept Review Criteria A 1 as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Skip 1b for now.
2. Skip 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.
11. 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 in the answer to #15. 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 written. 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. 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. Pam Mitchel made a motion that we accept Review Criteria 1b as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
2. 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 the Applicant is good to go. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
OTHER BUSINESS
It was asked when the new CEO would be here. Dorothy said the last week of December.
Mitchell explained the upcoming appeal to a Code Enforcement Officer’s decision and the potential ramifications. He said there will be an upcoming Pray Street rezoning workshop with the Council and a Planning Board workshop.
8.) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:31 PM.
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