6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF GARDINER PLANNING BOARD
Gardiner Planning Board April 11, 2006
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Deborah Willis James Montell
Pamela Mitchel Edward Lawrence
Absent: Bob Moody
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
William A. Thompson Sr. Elaine Thompson Scott E. Bishop
Valerie Leathers Lee R. Staples Jr. Mark Felder
Deborah Felder Kathleen Knight Michael F. Knight
Barbara Lewis Bob Lewis Francis Grey Jr.
Dorothy Washburn Logan Johnston Lee Staples
Lewis Benner
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.
3.) The consideration of the February 14, 2006 minutes was postponed because there were not enough of the members who were at that meeting in attendance.
6:08 PM James Montell arrived.
Deborah Willis made a motion to accept the February 14, 2006 minutes as written. James Montell seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Chair Hart took an item from Other Business out of order to review at this time. The item involved an Ordinance change in the definition of “Dwelling Unit”.
Jason Simcock, Director of Planning & Development, City of Gardiner, explained the need for the change. He noted that at the last Board of Appeals meeting, the appeal centered on “dwelling unit” and showed that there was a need to clarify it for everyone. Jason said he has worked with the City Attorney and Mitchell Rasor on a clearer definition and the conversion from a multi-family or two-family use to single family use. They want to broaden the scope of the definition as many layouts today do not meet the current definition for a multi-unit. Once a conversion is granted, it would have to be filed with the Registry of Deeds stating the number of units. Jason explained the process this would have to take through the Council.
In viewing the new definition, Chair Hart noted that the words “and/or Planning Board” should be added to the third paragraph, second sentence in 5. b. following the words Code Enforcement Officer.
Mitchell Rasor said that the review process won’t change. This would just clarify the definition of a dwelling unit and by recording it at the Registry of Deeds, it would show up officially in a title search.
James Montell asked if any conversion would require a visit by the CEO. Mitchell said yes. David said he would check for any structural change.
Pam Mitchel made a motion to recommend this change to the City Council with the addition of the addition suggested by Mitchell “and/or Planning Board”. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
NEW BUSINESS
4.) PUBLIC HEARING – Minor Site Plan Approval
The City of Gardiner, Applicant, is seeking a Minor Site Plan Approval to place up to 5,000 cubic yards of fill on a vacant lot owned by the City, for future development. The property, located on Water Street, City Tax Map 30, Lot 36, is within the Central Business/Shoreland Overlay and Resource Protection Zoning Districts.
Jason Simcock, Planning and Development Director, City of Gardiner, gave an overview of the proposed project. He said that the City recently acquired land known as the Usdan property that was site of the former American Tissue site. It encompasses both sides of Cobbossee Stream. The area that this project will affect is on the Water Street side of the stream. The City has no plans on what to use this property for at this time. There is currently a parking lot on it and quite a bit of debris, i.e. junk cars, tires, etc. They would like to locate the winter sand into this area and level the area next to the parking lot. They will stay back from the Stream the required amount by Maine Department of Environmental Protection (MDEP). They will follow “Best Management Practices” with respect to maintaining the area and plan to seed and mulch the area. The site was investigated by MDEP and the hazardous materials on a portion of the site cleaned up. There are restrictions on how you
can use the area. It cannot be excavated. They plan to fill along the road area first and work back.
Pam Mitchel made a motion to consider this Application for a Minor Site Plan Review. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members reviewed the Application for completeness. Four waivers were requested by the Applicant.
Pam Mitchel made a motion to waive the requirements listed in Section 5. H. 4. 1, 5. H. 5. b, 5. H. 5 i. and 5. H 5 r. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7:04 PM Meeting opened for public comment.
Elaine Thompson, an abutter, asked if it is a 2 year span for the project, what provisions are there for keeping the sand from blowing across the road. Jason said the City would be seeding and mulching after leveling the area. They would also keep it packed as they go along. They don’t want to lose the sand to run-off.
William Thompson, an abutter, asked it the City was going to dump next to the parking lot. He said the Gardiner Water District (GWD) has a pump there that they use to flush out the hydrants. Jason said he has talked with GWD and they said they would use another area next time. Mr. Thompson said he thinks it will take more than 5,000 cubic yards.
Deborah Felder, an abutter, Walnut Street, said she feels this project is too hasty; they just bought it two weeks ago. It is a scenic area and would be good for a walking trail on the back side and is concerned about dumping on this side. It is a historic area and is worried about future use and thinks it is dumb.
Elaine Thompson asked when the City was planning to sell the property. Chair Hart said that any landowner can sell their property. This is not an issue the Planning Board will decide.
Barbara Lewis, an abutter, Washington Avenue, said if the Application goes through, have they considered the safety of the children who play and fish down by the stream. She doesn’t feel there needs to be fill put on the site. It is beautiful as is.
Bob Lewis, an abutter, Washington Avenue, asked it this would put a lot of salt into the
Stream and be a health hazard?
Logan Johnston, Oakland Farms asked if the Master Plan for the Cobbossee Corridor is complete and has gone to the City Council for a vote?
Dorothy Washburn said it is complete and went to the Council some time back and was accepted.
Jason read the recommendation of the Plan that it be cleaned up, purchased and marked for commercial use.
Logan Johnston said he feels it is too hasty. The leaching and silting makes it difficult to germinate seeding and the project needs to have the brakes put on it and slowed down. It is in the best interest of the City to slow it down. It all speaks to resolving issues before moving ahead.
Mr. Thompson asked when the City bought the property. Jason told him two weeks ago. Mr. Thompson asked if the City was going to cut trees or remove the cement bunkers. Jason said they will have to take some trees to get the trucks in. Mr. Thompson said some of the docks are there that were used to haul things out. Jason said the City would have to look at them and see if they could work around them. Jason referenced the environmental concern about the salt. He said once the sand gets to this point, the salt is washed away. He talked with Maine Department of Transportation (MDOT) about this.
Lee Staples, an abutter, said there is a lot of wildlife there, deer, moose – people walk down there. He thinks the City is rushing things.
Dorothy Washburn asked if the City plans to dump 5,000 cubic yards of fill onto the site and then dump the sand. Jason said no, the sand is the fill. Dorothy asked about snow. Jason said no.
Scott Bishop, an abutter, thinks there are vague issues, sand, waste materials, flies, fleas that live in the sand. He also doesn’t like the possibility of it becoming commercial.
Mark Felder, an abutter, said the fill is to make a level area, extending from the road and will be developed for commercial. Shouldn’t that be open to public comment?
Lew Benner, a Councilor, said there is now mention of compaction, if compacted, will it alleviate the dust? He also mentioned that the property is designated commercial. At any Council meeting, anyone can come in a voice their opinion. Chair Hart noted that it is now zoned Commercial.
Deborah Felder, an abutter, said that the City can’t develop or sell it now as is, so why don’t you leave it as is and not level, then they can’t sell. She showed the Board pictures she took of the dam area.
Mr. Thompson said that the area owned by EJP was the Oaks Recreation area. What have you got now? It was a beautiful area. Now, nothing.
Mr. Lewis said that that all that sand is a potential loss.
David Cichowski said that the pictures shown of the area were near the dam and water, not where the City plan to fill. He also noted that he has had to take action to remove several cars and if you walk around, there are a number of pipes and iron and cement sticking out of the ground. It is not a natural area and if you dug down you would probably find glass and other things. There is a V-Rap around the area that was cleaned up. Improvements have been made to the area for the safety of the area.
Mr. Staples said that the building was 99% wood, only the machinery was metal.
7:42 PM Meeting closed for public comment.
Mitchell said that there are two permits, a Site Plan Review and Shoreland. The Shoreland is more stringent. The citizens are represented by the CEO. The City is required to meet specific standards just as any private developer would.
Pam Mitchel said she would like to do a site walk. Other Board members agreed.
Pam Mitchel made a motion that we table this Application and schedule a site walk. James Montell seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
A site walk was scheduled for Monday, April 24, 2006 at 5:00 PM.
7:51 PM Break
8:02 PM Meeting resumed.
5.) PUBLIC HEARING –SUBDIVISION APPLICATION COMPLETENESS REVIEW &PRELIMINARY PLAN APPROVAL
Kane P. Coffin, E. S. Coffin Engineering & Surveying, Applicant is seeking Subdivision Application Completeness review and Preliminary Plan approval for a 4-lot subdivision named Leathers Subdivision The property, owed by James R. and Valerie J. Leathers, is located on the Marston Road, City Tax Map 12, Lot 10, within the Rural Zoning District.
Kane Coffin, representing the Leathers, said it is in a Rural District and Resource Protection. He showed to 4 parcels and where the remaining land and common lot would be. He said the Rolling Dam brook is Zoned A and there are no published elevations for that area. He showed where the 100 year flood line was on the map and said that these lots are significantly above the 100 year flood line. He said he realizes that it is preferred to have a “Village Concept” type subdivision, but this is a long and narrow lot and is bound by a stream. There is not enough room for a road.
The Board reviewed the Application for completeness.
Pam Mitchel made a motion to grant the waiver for granite monuments as required in Section 8. D. 2 h. and the Application is complete with the requirement that the Applicant provide a letter from City Services Section 8. D. 1. j. approving all sewer, road, sidewalk and drainage design; Section 8. D. 2 d. the Tax Assessor’s map and lot numbers; Section 8. D. 2. p. Drainage existing and proposed showing kind, location, profile and cross section and a note that the requirement of monuments be waived. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8:32 PM Meeting opened for public comment.
Lew Benner, a real estate broker, said that three CEOs back said that they could have private driveways. If required to have shared driveways, the lots won’t sell.
Dorothy Washburn, an abutter, has 80 acres of land abutting and across the road. The area is wooded. She likes the shared driveways, it’s less intrusive.
Kathy Knight, an abutter, said she likes shared driveways better – more like a rural area.
Lew Benner said it would be the same number of comings and going whether shared or single driveways and we’re only looking at 4 driveways.
Michael Knight, an abutter, said that the electrical lines do not cover that area; they stop at the Leathers site.
8:44 PM Meeting closed for public comment.
David Cichowski said that he is in favor of shared driveways. There are 4 or 5 subdivisions down the road. Each subdivision separately is ok, but collectively, it is a lot of driveways.
James Montell asked why we need shared driveways. Mitchell Rasor said that in the Planned Development section of the Performance Standards, a number of items have to happen and others are discretionary. This is a discretionary item.
Kane said he talked with Mitchell and thought from what Mitchell said the subdivision wouldn’t go through without shared driveways. He can change them on the map.
8:42 PM Break
9:01 PM Meeting resumed
Chair Hart said if the Applicant wants individual driveways, they could bring back a new map and maybe the Board should do a site walk.
A site walk was scheduled for Monday 24, 2006 at 6:00 PM.
Pam Mitchel made a motion to table this Application. Jim Montell seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5.) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:16 PM.
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