6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board February 14, 2006
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Deborah Willis James Montell
Bob Moody
Absent: Pamela Mitchel Edward Lawrence
Also Present: Mitchell Rasor, Planner, Staff to Planning Board
Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Jason Simcock, Director Planning & Development, City of Gardiner
Ingrid Stanchfield, Director, Boys & Girls Club
Mark Kimball Ernie Martin Della Sutherburg Roger Sutherburg Leo Chicoine Joan Chicoine Jack Decker Pat Decker Leonard Cotton Karilyn Cotton Kenneth Grant Oliver K. Bourget
Carolyn Bourget Terry McGuire
1.) Chair, Pat Hart called the meeting to order at 6:05 PM and went over the schedule for the evening.
2.) Roll call taken.
The consideration of the January 10, 2006 minutes were postponed until later in the meeting
NEW BUSINESS
4.) Workshop
The City of Gardiner, Applicant, is requesting a workshop to discuss a proposed, new zoning district called Educational and Community Recreation Zoning District. The properties, located West Hill Road and Pray Street, are within the High Density Residential (HDR) and Residential Growth (RG) Zoning Districts, City Tax Map 25 Lot 12-1, Map 25A Lot 8, Map 25A Lot 11 and Map 33 Lot 20.
Chair Hart read the agenda item for the workshop and explained the options the Board had with respect to recommending or not recommending or tabling the item.
Bob Moody asked why the workshop was being taped. He thought that it would be discussed only and not voted on until a full plan was before them. Chair Hart indicated that the Planning Board would review a full plan by the Boys and Girls Club when submitted, but the purpose of this workshop is to review a proposed zone change and make a recommendation to the City Council. In addition, due to the nature of the change and the potential concern by abutters, notification of the meeting was made via the newspaper and by letter to abutters in excess of 400’ of the properties mentioned and although it wasn’t required to be taped, they thought it would be good to get the abutters’ comments on record. Mitchell Rasor went over the zoning change requirements as defined in the Land Use
Ordinance.
Mark Kimball, an abutter, asked if the Planning Board made a recommendation for this change and the Council votes for it, does any future use have to come before the Planning Board? Chair Hart said yes.
Jason Simcock, Director of Planning and Development for the City of Gardiner gave an overview of the proposed changes. He referenced the Zoning Map and indicated where the proposed zone change areas are located. He said that he got some good feedback from abutters and others and has made a change to the proposed zoning district boundary. Originally, it included both sides of West Hill Road. It was determined that it was not necessary to include both sides of the road and instead of including four parcels, the proposal now includes only two parcels. Approximately forty-four acres would be converted from High Density Residential (HDR) to the new zone, Educational and Community Recreation District (ECR). He distributed a memo describing how and why this proposal was modified from the earlier
proposal.
Jason said that the zone change was being proposed to preserve activities already there and not to increase the types of activities. The Boys and Girls Club is a non-conforming use, but a popular use and a wonderful use.
Mitchell Rasor explained a non-conforming use, as described in the Land Use Ordinance. He said the key is, you can’t add to it or expand the original use. He said that he and Jason and Ingrid Stanchfield, Boys and Girls Club Director, worked very hard on this to find a solution and found that by creating a new district, it could be defined closely so the uses can’t be expanded. They would create a new column in the District Use Chart for the new zone and list all of the uses allowed. They are here tonight to see if the Planning Board thinks this is a good idea.
Chair Hart asked why not change the existing Community Non-Profit Activities use. Mitchell explained that it is not an allowed use in the HDR District and the definition is too loose. A non-profit activity could be many things, i.e. a methadone clinic. They did not want to expand the Community Non-Profit Use because we wouldn’t know what might go in there. The Educational and Community Recreation District would only allow three uses. The allowable uses are Community, Non-profit Activity that would exclude inpatient/outpatient medical facilities, nursing homes and fraternal/social organizations; public buildings such as libraries, and museums; and schools and other educational buildings. The key is to better match activities with zoning. These large lots are in a
transitional zone connecting a tightly knit area, High Density Residential, and Residential Growth.
Bob Moody shared his concerns about activities being held in the evening, traffic, noise and potential uses. He would like to know what the uses will be.
Chair Hart asked about future uses if these two parcels become vacant. Bob Moody suggested housing. Mitchell Rasor said that when they looked at the area and what kinds of uses might be best, they thought it would be an ideal area for educational and recreational. Part of the Comprehensive Plan is about preserving for the future. We don’t want to see things go in there that would be incompatible.
Jim Montell asked if any of this should go, would it revert back to HDR so it could be used for housing. He told about a lot near the park that was changed and eventually became the 7-ll store and eventually the “canopy issue”. Chair Hart said that this is very different than that issue. The uses for this new zone would be very limited.
Mitchell Rasor indicated that we couldn’t create a clause that something reverts back. That would be Contract Zoning and Gardiner doesn’t have Contract Zoning at this time. They are not rushing into it and have a lot to consider concerning it. The Land Use Ordinance currently has the mechanism to make changes, just as we are doing tonight. An ordinance evolves over time as uses change. Bob Moody asked about other schools in the District that have athletic fields. Mitchell said that if they choose to change one of the other schools it would be “spot zoning”.
Chair Hart said that this issue came before the Planning Board previously, but they didn’t vote for it because they wanted complete disclosure.
Jim Montell asked if any other communities have a zone like this. Mitchell said that most communities have a range of zones and a zone similar to this. Many communities that have contract zoning have done this, but it is a lot more complicated and the ramifications of effect on the neighborhoods are not always known, where as this proposal is very specific as to the uses allowed.
Chair Hart thanked Mitchell and Jason for their presentations and information. She asked David Cichowski, the CEO if had anything to add. David said that currently there is a lot of open land. If the land were divided into buildable lots, given the small lot size requirement in this zone, there would be as much traffic, if not more.
Mitchell said it’s important to note that anything that happens on these sites would be a separate Planning Board process that is very detailed and could be potentially turned down. A zone change is not a blank check to do whatever they want.
6:56 PM Meeting opened to Public Hearing
Jack Decker, an abutter, said that several times tonight the date July 1st has be mentioned. He asked what it relates to.
Ingrid Stanchfield, Director of the Boys and Girls Club further explained that at the City-wide referendum last November, it was voted to close Pray Street School and to get it out of the City’s budget. The Boys and Girls Club has been working with the City, researching deeds and on June 30, 2006, the Pray Street property will be transferred to the City and on July 1, 2006 or soon thereafter as possible, to the Boys and Girls Club.
Mark Kimball, an abutter, said that he is not against the Boys and Girls Club and he supports it and all youth activities in Gardiner. He feels that there needs to more than one workshop to do this. It is Valentine’s Day. He said that the current activities in the neighborhood produce about fifteen times the traffic than when it was a school. He asked for a definition of “spot zoning”. Mitchell Rasor explained it and said that these parcels are on the edge of two zones with potentially two uses. Spot zoning is done to accommodate something new. This is a more accurate reflection of what is already there on the ground. Mark asked if it was a non-conforming use today. Ingrid said it was used as a licensed day care four years ago. Mark asked how it
would impact the property values. Chair Hart said that we can’t get into that, we don’t know, but there would be two public hearings at the City Council level. Mark said that maybe a traffic study was needed. Chair Hart indicated that it wasn’t something that the Board could ask for at this meeting.
7:11 PM meeting closed for public comment.
Chair Hart read a memo from Rich Nicholas. He offered his sponsorship of an ordinance amendment to create this proposed new zone. She asked if any others had come in concerning this proposal. Dorothy said one had called about the time and place of the meeting. Jason said a few had called to ask questions.
Deborah Willis felt that the Board could go forward on this tonight. The City sent out 129 letters to abutters and advertised in the newspaper and this Community voted last November to close this school. She appreciates the work that Mitchell and the City have done to bring forth this proposal. This is a very narrow re-zoning that blends with the current zoning and is very limited to activities. She thinks it is a good attempt to do something with the land.
Bob Moody asked the audience if all of their questions got answered.
Chair Hart informed the abutters that they would be able to go the City Council meeting when this is addressed. She thanked the City for coming back with a great proposal and Dorothy for notifying all of the abutters and the public for their input. The input from the neighbors is very important and it makes a difference.
Deborah Willis made a motion that the Planning Board recommends to the Council the amendment adoption as written. James Montell seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Jason Simcock explained the process that this amendment will follow. He believes the first reading will be at the next Council meeting on March 2, 2006.
Due to the fact that not enough of the members who attended the previous meeting were in attendance, they tabled the consideration of the January 10, 2005 Minutes until the next meeting.
5.) ADJOURN
Deborah Willis made a motion to adjourn. James Montell seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Meeting adjourned at 7:29 PM.
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