urn:schemas-microsoft-com:office:smarttags013f 6 addressStreetChurch Street, CityGardiner, StateMaine PostalCode04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
 CITY OF placeCityGARDINER PLANNING BOARD
Gardiner Planning Board June 15, 2006
placeCityCity of Gardiner, StateMaine Regular Meeting 6:00 PM
Continued from June 8, 2006
ROLL CALL
Present: Pat Hart Deborah Willis James Montell
Pamela Mitchel Judith A. Dorsey Edward Lawrence
Also Present: Dorothy Morang, Planning Board Recording Secretary
Mitchell Rasor, Planner
David Cichowski, Code Enforcement Officer (CEO)
Jason Simcock, Director Planning & Development
Ingrid Stanchfield, Director Boys & Girls Club
Carolyn Bourget Oliver Bourget Mark Kimball
Brian Curley Peter Coughlan
1.) Chair, Pat Hart called the meeting to order at 6:04 PM and went over the schedule.
2.) Roll call taken.
3.) PUBLIC HEARING – Major Site Plan Approval
The Boys & Girls Club of Greater Gardiner, Applicant, Ingrid Stanchfield, Executive Director, is seeking Major Site Plan approval for a change of use from an elementary school to the Boys & Girls Club/Community Center. The property, located at addressStreet14 Pray St, City Tax Map 33, placeLot 20, is within the Educational/Community Recreation (ECR) Zoning District
Chair Hart asked if any member had anything to disclose concerning this application. Ed Lawrence recused himself as he helped with this application. Mitchell Rasor said that he had helped with the plan also, as the City Planner as he would help any applicant. Pat Hart said that her children had gone to the Boys & Girls Club in the past and she also attends Rotary meetings there. Pam Mitchel said that she was on the Recreation Committee years ago when they hired Ingrid. No one had a problem with the members hearing this application.
Ingrid Stanchfield, Director of the Boys & Girls Club gave an overview of the proposal. She said they were applying for an occupancy permit. There is nothing that will change for now. They have the use of the 23,000 S.F. building that MSAD #11 currently owns. There is a vote tonight on the indenture for the deed. The two school programs have been moved and they will be able to use that space also. The hours of operation are 6:30 AM – 5:30 PM. The placeSchool District will maintain an easement for sports activities and parking.
Judy Dorsey asked about the indenture, whether they were buying the whole property or a portion. Ingrid said they were buying the whole property. Judy said the application says 2 easements? Ingrid said there is one. Judy said there is a note about away buses and High School students parking at the High School. Ingrid said they did ask that they park at the High School to minimize parking. Judy asked how it will be enforced. Ingrid said it is pretty much the honor system. The athletic director is at most of the games and can help. She will put signs up designating overflow parking and there is a gate in the back that can be used.
6:19 PM Meeting opened for public comment.
Mark Kimball, an abutter, said that the Planning Board should take a serious look at this plan. He doesn’t feel there is enough information for the Board to make a decision. He said he is in favor of the Boys & Girls Club, but Pray St is a 1-way street in the Ordinance and parking and traffic is 5 – 6 times what it was when it was a school and is 360 days VS 180 when it was a school and it does impact the neighborhood – traffic, lights, extended hours and days of operation and it is a narrow street. There is no traffic study available. People park on the street. The Planning Board needs to take a look at it.
Carol Bourget, an abutter said there is a lot of traffic and slamming of doors.
Mark Kimball said he doesn’t want to see it get to the point like the Hoch Field and the light situation. But the neighbors have to live there and he hopes what’s approved is reasonable.
6:24 PM Closed public hearing.
The Board reviewed the Application for completeness.
Chair Hart noted that in addition to the Application, the Board received a letter of support from the MSAD # 11 Superintendent. Judy noted that in one place it mentions the property going to the City and in another to the Boys & Girls Club. Ingrid said that it will transfer to the City long enough for them to sign it over to the Boys and Girls Club. Legally it’s necessary to do it that way.
The Board discussed the traffic information provided and whether or not it was sufficient. It was noted that the activities and hours of use in the evening had not changed since when it was a school.
Pam Mitchel made a motion to grant waivers of the following requirements: Section 5. H. 5. i, j, l, m and 5. I. 1, 2, 3, 4, & 5. 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.
The Board reviewed the Applicant’s responses to Section 5, Site Plan Review Criteria, skipping 1 and 2 for now.
Pam Mitchel made a motion to approve Review Criteria 3 as an appropriate use of the site based on the proposed and continuing use of the property. Deborah Willis seconded the motion.
5 in favor. 0 opposed. Motion passed.
Judy Dorsey said she has a problem calling this a Major Site Plan Review because it is not new construction. Pat Hart said that they have had other applicants come before them and although not building anything new, the size of the building or other factors required it.
Mitchell Rasor said that where this is a transition from a school to the Boys and Girls Club, this will establish a benchmark for conversion to the new use. Even though it’s a similar use, some changes will occur and if anything changes in the future there will be a solid paper trail to establish the history of use.
Jim Montell asked what has substantially changed in the last four years. Ingrid said nothing. Jim said they’ve had a workshop, the City Council has had 3 readings, and we didn’t know it was a 1-way street. There is extra traffic and noise everywhere. There’s been no list of complaints.
Mark Kimball said yes these uses have been going on for the last four years while it was a school and it was allowed to go on, but now it is a different use and we should bring this up. Judy suggested they table Site Plan Review Criteria 4 for now and move on.
Pam Mitchel made a motion that Review Criteria 5, Pedestrian Access, is adequate. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
David Cichowski, CEO, said that the Boys and Girls Club has been there for 4 years. The use is not changing. If there was a new development, he would ask what’s the potential for additional use in reference to parking, traffic, and expansion of use in the building.
Jim Montell said we are concerned with the present use. The future, who knows. Schools are getting smaller and closing. There is no future building of the program proposed, except maybe a swimming pool. All they’re asking is to continue the use of the last 4 years – only different management.
Pat Hart said the Board has limited things before and have an opportunity to do so if we want.
Pam Mitchel said that there have been basketball games there for years, including weekends.
Jim Montell said any expansion would have to come back to the Board and either it meets the guidelines or it doesn’t. We can make restrictions if it affects the neighborhood.
Pat Hart noted that as the Boys and Girls Club, the State regulations and standards are stricter than a school with the number of adults to children. Ingrid said yes. In fact they are maxed out and do not have room for any more. They are bound by State regulations and can’t expand in the existing building.
Pam Mitchel made a motion that Review Criteria 6, the building and parking is appropriately placed on the lot. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 7, the dumpsters are appropriately screened. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 8, storm water management has been met. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 9, erosion control does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 10, water supply is adequate. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 11, sewerage disposal is adequate. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 12, utilities are already there and are adequate. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 13, natural features does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 14, groundwater will not be adversely impacted by this use. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 15, water quality protection criteria has been met. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 16 does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 17 does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 18, we have sufficient evidence of the applicant’s financial capacity. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 19 has been met. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 20 does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 21 does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
The Board went back to Review Criteria 4, Traffic Access. Chair Hart said we had a workshop, had public hearing, explained to the Applicant that in previous applications we’ve used this kind of traffic impact count and someone did sit and count cars.
Judy said she doesn’t think it isn’t acceptable, just what do we do with it? If we have the street posted 1-way, would it be a problem. Mark Kimball suggested that if from Harrison to CityplaceWillow was 1-way, people would have to pull in and go out the other end and not show car lights on their houses. He suggested planting trees as a buffer on the horseshoe.
Pam Mitchel said the way it flows now is to allow the school bus doors to open to the sidewalk. Mark Kimball said school buses open differently all over the City.
Chair Hart said the 1 or 2-way street is not a thing the Planning Board can address.
Judy said that even if it stays 2 ways, the Board could change the entrance for buses to come in from the East – change the access on the loop.
They discussed the idea of putting trees on the island. Jim said that it might cut down on the vision. Pat Hart said it would have to meet the ordinance with sight distances. Judy suggested bushes. Mitchell Rasor said that blocking the view would create security issues. Mitchell asked if a professional car count was requested at the workshop. Chair Hart said no. Judy asked if we could get a sense from the neighbors what time of day the headlights are a factor - the real issue here. Mark Kimball said in the morning and evening as it shows in the study. If the Planning Board looked at the sight and be there, they could see cars going in and out and where the cars are coming from – what streets. You could have 10 – 20 cars at the night activities.
Ingrid went over the traffic study. She said the daycare traffic is gone by 5:30 PM She said she agrees with Mitchell that shrubs or trees could be a security issue. Mark Kimball said that shrubbery helps, that the security issue was a lame excuse.
They discussed the drop off area. Ingrid said the buses come after parents drop off the kids. During the day the circle stays pretty free, but evenings and weekends could be an enforcement issue.
Deborah Willis said that she didn’t think it was a good idea for the children to cross in front of the bus. She also related her experience during voting.
Jim Montell said that we should leave it to the Director of the Boys and Girls Club to come up with a plan to do what they can for safety and neighborhood concerns and the Planning Board not micromanage. Jim wanted to clarify a previous statement he mentioned about a swimming pool. The information that he read was part of the Indenture and allows that the High School can negotiate to use the swimming facility if one is developed.
Pam Mitchel made a motion that we accept the information provided as evidence for Review Criteria 4. a. Deborah Willis seconded the motion.
Vote 4 in favor. 1 opposed. (Judy Dorsey) Motion passed.
Pam Mitchel made a motion that Review Criteria 4. b. has been met. Deborah Willis seconded the motion.
Vote 4 in favor. 0 opposed. 1 abstained (Judith Dorsey) Motion passed.
Pam Mitchel made a motion that Review Criteria 4. c. does not apply. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 4. d. has been met based on evidence on the drawing. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
The Board reviewed Section 3, Performance Standards.
Pam Mitchel made a motion that the following standards do not apply: B, D, E, G, H, I, J, K, M, N, Q, R, T, U, V, W, X, Z, AA, BB, and CC. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
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 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 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. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
The Board voted on the sections that they had previously postponed.
Pam Mitchel made a motion that Section 5. Q. 2., the project meets all ordinance and regulations of the City and meets the intent of the Comprehensive Plan. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Section 5. Q. 1. b., the project meets all of the applicable standards. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Section 5. Q. 1. a. the project conforms to the requirements of the District and to other pertinent requirements of this Ordinance and all other standards. Deborah Willis seconded the motion.
Vote 5 in favor. 0 opposed. Motion passed.
A discussion continued over the traffic/drop off issue. Judy Dorsey said she would rather have more information, but barring that, if they had a drop off for the buses only, it might mitigate headlights and other issues of the neighbors. Pam Mitchel said that it would tough on people with small babies and children to not be able to drop them off there. Judy said if it’s a 1-way road, it would change the direction of the circle. David said that maybe they could limit the use of the loop at night. Jim asked Ingrid how many complaints has she had since she’s been there. None except for Mark Kimball. Jean Dellert noted Mark and his neighbor. Pam said she knows what it’s like to haul kids. And how would you enforce the parking. She doesn’t think eliminating the drop off
area would work. The people would be walking in the parking lot. Pat Hart said her daughter has done work there and she has worried that she might hit a kid in the parking lot. She would allow the drop off but get louder signs about parking there. Ingrid said during the day it would be easier to ensure compliance. She could add it in the building contract, but enforcing it would be hard. Judy said that the community could watch and if it is ignored, they wouldn’t have to rent it out to that group again.
Pam Mitchel made a motion to approve the application with the condition that there be a much larger and bolder sign that there is no parking in the circle and the Boys and Girls Club take the appropriate steps to enforce it. Deborah Willis seconded the motion.
Vote: 4 in favor. 1 opposed (Judith Dorsey). Motion passed.
8:50 PM Break
9:03 PM Meeting resumed.
Ed Lawrence returned to the Board.
4.) PUBLIC HEARING – Minor Site Plan Approval
Brian Curley, PDT Architects, Applicant is seeking Minor Site Plan approval to convert six second and third floor apartments into office space. The property, owned by Gardiner Savings Institution, FSB, (Yankee Title), is located at addressStreet252-266 Water St, City Tax Map 34, placeLot 108 and is within the Central Business (CB) Zoning District and Historic District.
Chair Hart asked if anyone had anything to disclose reference this application. None did.
Brian Curley, PDT Architects, introduced himself and said that he was hired by Gardiner Savings Institution to look at this building. Currently it is occupied by Yankee Title and has a new entrance to the mini park. There were apartments on the 2nd and 3rd floors that are not being used. They would like to turn the apartments into office space, about 3,000 S. F. each floor. There are brick bearing walls and the roof gently slopes to the back. They propose to add an elevator to make the building handicap accessible and bury a propane gas tank under the parking lot. He showed pictures of the building to the Board.
Chair Hart asked if the office space was for Gardiner Savings use or to rent out. Brian said for Gardiner Savings use.
Judy asked if there have been any tenants there since they owned it. Brian said no tenants for at least two years. It is currently being used for storage.
Brian showed some pictures of existing and proposed parking in the downtown area that Gardiner Savings has available to them.
Mitchell Rasor said that there are no parking requirements in the downtown area and no master plan. They could park in the Municipal lot. Brian said they wanted to show the Board the additional parking to show that it would accommodate additional employees.
9:16 PM Meeting opened for public comment. No comment. Neither Dorothy nor Dave received any calls or letters about this Application.
9:17 PM Close public hearing.
The Board reviewed the Application for completeness and the waivers.
Pam Mitchel made a motion to waive the following requirements: 5. H. 5. b, c, d, i, & l; and 5. H. 6. g, i & q. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete with the three conditions that we get a note about the removal of solid waste by the same contractor, the start and end dates of the project and a traffic estimate for a typical occupancy. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board reviewed the Applicants responses to the Site Plan Review Criteria, Section 5. Q.
Skipped 1 & 2 for now.
Pam Mitchel made a motion that the site is being appropriately utilized (Review Criteria 3). Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept what the Applicant has written for Review Criteria 4. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 6 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 7 as written Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 8 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 9 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 10 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 11 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 12 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 13 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 14 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that (Review Criteria 15) the project will adequately protect the water quality. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 16 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 17 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 18 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Review Criteria 19 adequately addresses solid waste management. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 20 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 21 with the condition that the Applicant will provide information that the plan is consistent with Floodplain Management requirements and receives approval from the CEO. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board reviewed the Performance Standards in Section 3.
Pam Mitchel made a motion that the following Performance Standards do not apply: A, B, C, D, E, F, G, H, I, J, ,K, M, N, O, Q, R, T, U, V, W, X, Z, AA, BB, and CC. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard L has been met. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard P has been met. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board discussed the parking requirements. Pam Mitchel made a motion that Performance Standard S has been met as there is parking reasonably close to 300’ of the principle building. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard Y has been met. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board reviewed the remaining criteria in Section 5. Q., Site Plan Review Criteria.
Pam Mitchel made a motion that (Review Criteria 2) the project meets the provisions of all applicable regulations and ordinances of the City with the condition that the project is accepted by the Historic Preservation Commission and is consistent with City Floodplain Management provisions and receives a Floodplain permit from the City. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that (Review Criteria 1. b.) the project adequately meets all the applicable standards. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that (Review Criteria 1. a.) this project has adequately met the Performance Standards that are applicable; that it will conform to the requirements of the District with the condition that the project receives Historic Preservation Commission approval and the appropriate Floodplain permit from the CEO. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel asked and it was noted that Mr. Curley has submitted a note indicating that the solid waste removal will be handled by the same contractor as Yankee Title.
Pam Mitchel made a motion that this project is good to go with the conditions that it receives Historic Preservation Commission approval and the Floodplain permit from the CEO. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
OTHER
Judy Dorsey suggested that it be mentioned to the City Council that the Comprehensive Master Parking Plan for Gardiner needs to be moved along.
Chair Hart thanked everyone for their participation. They’ve had 2 meetings a month for several months now. She thanked Dave and Mitch for their help and Dorothy for her work before the meeting and for the long day she put in.
5.) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the
motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Meeting adjourned at 10:46 PM
| 
