6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board January 10, 2006
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
Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Francis Grey Susan Piper Victor Gagnon Larry Chase
Doug Donahue
1.) Chair Pat Hart called the meeting to order at 6:02 PM and went over the schedule for the evening.
2.) Roll call taken.
3.) Pam Mitchel made a motion to approve the minutes as written. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) Public Hearing – Site Plan Approval
Eagles Aerie #4330 F.O.E., Victor Gagnon, Applicant is seeking Site Plan Approval (Minor Development) for a Change of Use from a residential use with an auto repair shop to a Fraternal Organization. The property located at 458 Brunswick Avenue, is within the Planned Development (PD) Zoning District, City Tax Map 20, Lot 9.
Chair Hart asked Board members if any one of them had anything to disclose that might prevent them from hearing this application in an unbiased manner. None did.
Victor Gagnon introduced himself and spoke about his proposal. He indicated that it is a fraternal organization, a social club. They do things for the community such as give scholarships. Their motto is “To Help Other People”. They put on functions to raise money and work with other organizations to do the same.
He was asked if the auto repair shop was still in operation. Victor said the repair shop is gone and they plan to use the building for storage.
Chair Hart asked Victor about the time frame for the remodeling. Victor said they need to begin immediately after approval and must complete it before the Fire Marshal Permit expires in April 2006. Victor provided the Board with a Maine Department of Transportation (MDOT) Permit and a letter showing financial capacity.
Board members reviewed the Application for completeness.
Pam Mitchel made a motion that the Application is complete with the addition of a request for a waiver for Section 5 H. 5. r (Location and type of existing trees of 12-inch caliper DBH) and 5 H. 6. l (Location, dimensions, materials and size of all existing and proposed signs) and the addition of a note concerning the location of the existing lighting and a note indicating the start and completion date of construction. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Board members reviewed the Applicant’s responses to Section 3 Performance Standards and voted on them.
Pam Mitchel made a motion that Performance Standard A has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the following Performance Standards do not apply to this Application:
B - Accessory Building and Swimming Pools;
D – Animal Husbandry;
E – Automobile Junkyard or Recycling Facility;
G – Campground;
H – Earth-Moving Activity;
I – Home Occupation;
J – Kennels;
K – Light Industry;
M – Manufactured Housing and Manufactured Housing Parks;
N – Mineral Exploration and Extraction;
Q – Nuclear Facilities;
T – Outdoor Recreation Facility Lighting;
U – Planned Residential Development;
V – Public Paths;
W –Ruins;
X –Sanitary Provisions;
Z –Temporary Structures;
AA –Two/Multi-Family Dwelling
BB –Wireless Telecommunications Facilities; and
CC – Yard/Garage Sales.
Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Mitchell Rasor indicated that the Applicant has a shared driveway with ABDEX, but has an MDOT Permit. The existing driveway meets the standards.
6:40 PM Chair Hart opened the meeting for public comment. She apologized for overlooking it previously. No one from the public commented. Chair Hart as Dorothy, Mitchell and David if they had received any comments from abutters or others. No one had.
6:40 PM Chair Hart closed the public hearing.
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 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 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 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 has been met. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R has been met. 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. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y has been met with note that the CEO will issue a sign permit and the sign will meet all of the requirements of the Land Use Ordinance. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Board found that the drawing given by the Applicant meets the requirement for a Standard Boundary Survey and that it is equivalent to a Standard Boundary Survey. 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 1a 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 by the Applicant. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
2. Pam Mitchel made a motion that Application will comply with all regulations and Ordinances of the City and meets the intent of the Comprehensive Plan as amended. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Mitchell Rasor noted that the Applicant has now submitted the two waivers requested and the additional information regarding lighting and the construction start and completion dates.
Pam Mitchel made a motion to grant the waivers for 5 H 5 r and 5 H 6 l and that we accept the Application. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7:07 PM Break to sign the Application Map
7:14 PM Meeting resumed.
5.) Public Hearing – Site Plan Approval
T. W. Dick Company, Inc. is seeking Site Plan Approval (Minor Development) for a Change of Use for a portion of an existing mill to use as 11 self-storage units within an existing interior loading dock. The property, located at 721 Water Street, is within the Central Business/Shoreland Overlay (CB/SO) Zoning District, City Tax Map 33, Lot 86.
Chair Hart asked the Board members if anyone had anything to disclose reference this Application. Pam Mitchel said that she is an abutter of T. W. Dick Co., Inc., but she would not be biased.
Susan Piper, representing T. W. Dick Co., Inc. gave an overview of the proposal. They have eleven small garage doors and would like to turn that area into public storage. The bays would be partitioned off internally.
Chair Hart indicated that what struck her is that the old mill might be a fire hazard. Susan said that they have a sprinkler system that they will reactivate. David Cichowski spoke about the inspections he would do as CEO. Chair Hart asked about further plans. Susan said they were still getting their thoughts and ideas together on the remainder of the facility.
Board members reviewed the Application for completeness. They discussed the need or not for bearings and distances and a Standard Boundary Survey. They felt it was needed. The following items were noted as missing or incomplete:
5 H 4 f is incomplete; 5 H 4 i is missing; 5H 5 b, c, d, e, f, g, h, i, j, l, m, n, o, p are missing; 5 H 5 r requires a waiver; 5 H 6 a, c, e, k, l, o (end date), p, q are missing.
Pam Mitchel asked whether a Flood Hazard Permit was needed. David Cichowski did not feel it was. Mitchell Rasor said that it looks like it is in the 500 year flood zone.
Board members also determined that the Applicant needs to show the Shoreland Zone and the FEMA Flood Zone line on the map; and the Applicant needs to contact MDOT concerning access to determine if an MDOT Permit is required.
Pam Mitchel made a motion to table the Application because it is incomplete. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
OTHER BUSINESS
Mitchell Rasor discussed, in general, the fact that some uses proposed are not defined as a use within our Ordinance and some proposed uses have many apparent Site Plan Review issues. He asked if it were not incumbent upon the City to make decisions whether the application should proceed at all in some cases.
Chair Hart said that she wondered why the previous Application came to them at this time with so much missing and have to put the Applicant off for another meeting. Should the CEO be the “gatekeeper” to perhaps catch these issues before an application gets this far?
David Cichowski said that he has found that sometimes people try to side step the rules so it would be good for the Applicant to see the process. Chair Hart said that sometimes the applicant doesn’t understand the process or application and that is why a “gatekeeper” would be good.
Dorothy referred the Board to Section 5 K, Review Procedures, of the Land Use Ordinance, which provides for the Code Enforcement Officer Classification and Review and would stop an incomplete application at that point and give the CEO the opportunity to work with the applicant to complete the application before it goes to the Planning Board. The Board discussed the procedures and timeframes for submissions and also that fees have not been set for Site Plan Reviews as authorized in the Ordinance. There are a few areas that need to be addressed and brought to the Council for review.
Pam Mitchel noted that in Section 3 Performance Standards, C Access Management, 3 Driveway/Entrance Width b – that in both instances of the % of projected traffic of larger vehicles, that there was no difference in the required entrance width.
6.) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:31 PM.
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