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 August 8, 2006
CityplaceCity of Gardiner, StateMaine Regular Meeting 6:00 PM
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
PersonNameFrancis Grey Jr. Diane Rheaume Paul Rheaume
1.) Chair, Pat Hart called the meeting to order at 6:04 PM and went over the schedule.
2.) Roll call taken.
3.) Pam Mitchel noted an error on the June 8, 2006 minutes. Pam Mitchel made a motion to approve the June 8 and 15 minutes with the addition of the words “do not apply” following a motion on page 7 of the June 8, 2006 minutes. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
4.) PUBLIC HEARING – Minor 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 addressStreet721 Water Street, is within the Central Business/Shoreland Overlay (CB/SO) Zoning District, City Tax Map 33, placeLot 86.
Chair Hart asked Board members if any one had anything to disclose concerning this Application. No one did.
Paul Rheaume introduced himself and described his proposal. He said the building has 11 overhead doors and he would like to partition them off and make storage units. Each renter would have access to a unit with their own lock. He would not have access to the units.
The Board members discussed whether to attempt to pick up where they left off in January with the application completeness review or to start over. It was decided to start over.
After review, Pam Mitchel made a motion that we waive the requirements of the location and type of all existing exterior lighting Section 5 H 5. n. 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 condition that copies of the deeds be added to the application. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
6:37 PM Meeting opened for public hearing.
Chair Hart asked Dorothy if anyone had come in and given verbal or written comments concerning this Application. Dorothy said that 1 person came in and asked to look at the plan. He did not give his name or make any comments.
6:38 PM Meeting closed for public comment.
Judy Dorsey asked what criteria is used for Shoreland Overlay. Mitchell Rasor noted the standards in Section 6 of the Ordinance and also noted that if the construction were new, Section 2 would also apply. Judy said her concern with this project is that the stream is right behind these and they will be rented out to people for private use and they might store hazardous waste or materials which could spill and go down hill into the Stream. Mr. Rheaume said no hazardous waste will be allowed to be stored there. Mitchell recommended that the Applicant include in the contract a statement that no hazardous waste can be stored there. Mr. Rheaume said that he went to several locations where there are self-storage units and got copies of their contracts as examples. Judy asked if they could put a clause in
the contract that the Applicant has the right to check the contents of the units. Mitch Rasor said there’s not much else the Board can require except for the addition to the contract. Paul said the units have a concrete floor with no drain.
The Board reviewed the Applicant’s responses to Section 5 Q. Site Plan Review Criteria, skipping 1 and 2 for now.
Pam Mitchel made a motion to approve Review Criteria 3 as written by the Applicant. Deborah Willis seconded the motion.
6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
6 in favor. 0 opposed. Motion passed. (The motion, second and vote was withdrawn as the Review Criteria voted on was #4. A new motion was made.)
Pam Mitchel made a motion to approve Review Criteria 4 as written by the Applicant. Deborah Willis seconded the motion.
6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 5 as written by the Applicant. Deborah Willis seconded the motion.
6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 6 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 7. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 8 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 9 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 10 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 11 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 12 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 13 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 14 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 15 with the condition that the Applicant put strong wording into the contract concerning the storage of hazardous waste and materials. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 16 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 17 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 18 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 19 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 20 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to approve Review Criteria 21 as written. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board reviewed Section 6 H., Shoreland Zoning, Land Use Standards
Pam Mitchel made a motion that the following standards from the Shoreland Zoning Section do not apply: Standards 1 – 4 and 6 – 19. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 5 has been met. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Land Use Standard 20 has been met. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
The Board reviewed Section 3, Performance Standards and voted on them.
Pam Mitchel made a motion that the following Performance Standards do not apply: A, B, D, E, F, G, H, I, J, K, M, N, O, Q, R, T, U, V, W, X, and Z. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C has been met. 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.
Pam Mitchel made a motion that Performance Standard S has been met. 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 voted on the sections that they had previously postponed.
Pam Mitchel made a motion that Section 5. Q.2., the Application meets all applicable ordinance and regulations of the City and meets the intent of the Comprehensive Plan, as amended. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Section 5. Q. 1. b., the proposed development adequately meets all of the City standards that are applicable. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Section 5. Q. 1. a. the Application conforms to the requirements of the District and to other requirements of this Ordinance that are applicable.. Deborah Willis seconded the motion.
Vote 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve the application with the condition that the Applicant place strong wording in the contract concerning not storing hazardous materials and waste in the storage units and provide a copy of the contract to the CEO. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
7:49 PM Break
7:57 PM Meeting resumed.
OTHER
5.) Ordinance Corrections
The City of Gardiner, Planning and Development Office is seeking the Planning Board’s recommendation to correct a number of clerical errors found within Gardiner’s Land Use Ordinance (dated June 28, 2003) and agree that this corrected copy is the copy to be used.
Jason Simcock reviewed with the Board the status of the current Land Use Ordinance. He stated that the electronic version and the paper copies now read the same. Office staff had compared the electronic and paper copies as well as the original copy in the vault. He said he would like to make any changes that need to be made all at once, although, some high-priority things should be done now. One of those items is the lack of a clearly defined building code. He believes that it was unintentionally left out of the current Ordinance as there are general references to a building code within the Ordinance. The second item is to re-define the Ordinance Review Committee membership to include the Board of Appeals. There appears to have been a typographical error in the way it was
written in the Ordinance. It appears that the Board of Appeals and not the Historic Preservation Commission was intended to be the representatives on the Committee. The third item is the fees. Jason would like to have all references to fees in the Ordinance say that they will be set by the Council. This would make it easier to change them if needed and not have to go through an Ordinance change.
Judy asked if the Ordinance Review Committee plans to look at parking in general. Jason said the Planning Board has representatives on the Committee and they could address that issue.
Mitchell said that he was initially contracted by the City to oversee that Committee. He has been used to meet other needs lately, but hopes to start back up in the fall with a new focus and plan of attack. Chair Hart said that she hopes the Committee will set priorities. Mitchell said that he feels they need another strategy meeting before moving forward to set goals, a timeline and end products.
Jason noted that the Zoning Map is now on the website. Mitchell prepared it digitally. There are a few areas along the Cobbossee that are a little blurry, but now that it is in a format where corrections can be made easily and updated quickly on the website.
Jason noted that the Housing and Economic Development Committees met with Realty Resources recently concerning possible proposals for development that they were looking into for the future. He said that the Committees asked a lot of good questions.
Jason brought up the Professional Residential Zone. He noted that the City Council is interested in re-opening the discussion concerning expanding that zone further out on addressStreetBrunswick Avenue. He said that when the Board meets to look at this, the City will have to notify all those who might be impacted and it will probably be a large group. Jason said he will come back at another meeting with language for the Planning Board to look at and make their recommendation to the Council.
Chair Hart thanked everyone for their participation.
6) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the
motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:17 PM
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