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 8, 2006
placeCityCity of Gardiner, StateMaine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Deborah Willis James Montell
Pamela Mitchel Judith A. Dorsey Sheila Hanley
Absent: Edward Lawrence
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Peter Cooke Kane P. Coffin Valerie Leathers
Lewis Benner Diane Morabito
1.) Chair, Pat Hart called the meeting to order at 6:06 PM and welcomed the two new members, Judith Dorsey and Sheila Hanley.
2.) Roll call taken.
Chair Hart went over the schedule for the evening.
3.) Pam Mitchel made a motion to approve the minutes of May 9th & 11th, 2006. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. 2 abstentions, Judith Dorsey & Sheila Hanley were not at the previous meetings)
4.) PUBLIC HEARING – Subdivision Final Plan Approval
Kane P. Coffin, E. S. Coffin Engineering & Surveying, Applicant is seeking Subdivision Final Plan approval of a 4-lot subdivision named Leathers Subdivision. The property, owned by James R. and Valerie J. Leathers, is located on the addressStreetMarston Road, City Tax Map 12, placeLot 10, within the Rural (R) Zoning District.
Kane Coffin said that this was the Final Plan for the 4-lot subdivision. About ½ of the land was held in open space held by the owners. The sight distance has been obtained for parcels 1 & 2 - they have a signed agreement, a legal description, signed by an abutter to cut trees to give the sight distance. The owners of parcels 1 & 2 have a covenant to keep the vegetation trimmed back in the right-of-way. There is a deed covenant for parcel 6. Kane provided those documents and a copy of a letter from Pat Gilbert, Director of City Services for the City Of placeCityGardiner, giving his approval of the plan
Chair Hart asked if there was any reason any of the Board members can’t hear this application. Judy and Sheila abstained as they had not heard all of the application previously given.
6:13 PM Meeting opened for public comment. – no comment
6:13 PM Meeting closed for public comment.
Board members discussed the sections of the Ordinance they would have to go through for the final plan & ones they would not have to due to changes made in the preliminary plan.
Pam Mitchel made a motion that they do not have to go through the Resource Protection Section because no construction will be allowed in Parcel 6 and it is attached to Parcel 7 and not part of this subdivision. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members discussed and voted on the General Standards in Section 8 K, Subdivisions, of the Land Use Ordinance.
1. To vote on later.
2. Pam Mitchel made a motion that General Standard 2 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
3. Pam Mitchel made a motion that General Standard 3 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4. Pam Mitchel made a motion that General Standard 4 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5. Pam Mitchel made a motion that General Standard 5 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6. Pam Mitchel made a motion that General Standard 6 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
7. Pam Mitchel made a motion that General Standard 7 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
8. Pam Mitchel made a motion that General Standard 8 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
9. Pam Mitchel made a motion that General Standard 9 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
10. Pam Mitchel made a motion that General Standard 10 does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
11. Pam Mitchel made a motion that General Standard 11 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
12. Pam Mitchel made a motion that General Standard 12 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
13. Pam Mitchel made a motion that General Standard 13 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
14. Pam Mitchel made a motion that General Standard 14 does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members reviewed and voted on Section 3, Performance Standards in the Land Use Ordinance.
Pam Mitchel made a motion that Performance Standard A does not apply. Deborah Willis
seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the following Performance Standards do not apply: Standards B, D, E, G, I, J, K, L, M, N, P, Q, S, T, V, W, X, Y, Z, AA, BB, CC. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard C has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard F has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard H does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard O has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard R does not apply. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard U has been met with the note that we are allowing a reduction in lot size because of dedication of open space. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Section 8. K.
Pam Mitchel made a motion that General Standard 1 has been met. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the project adequately meets the standards of the City that are applicable and the standards of the district. Deborah Willis seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
6:50 PM Break to sign plan.
6:55 PM resume meeting.
5.) PUBLIC HEARING – Minor Site Plan Approval
Diane W. Morabito, Applicant, is seeking Minor Site Plan approval to locate a Home Occupation (Office Suite) in the existing residential rental unit of her 2-family dwelling. The property, located at addressStreet25 Vine St, City Tax Map 34, placeLot 177, is within the High Density Residential (HDR) Zoning District.
Chair Hart asked if any Board member had anything to disclose reference this application.
Pat Hart and Pam Mitchel said they knew Diane, but it is not a problem.
Diane said her property is on addressStreetVine St. She has a 4-room rental unit that she has not been renting. She wants to convert that to her office. It would be less traffic than a dwelling unit. She showed a drawing of the plan and pictures of the street, line of sight, parking, walkway and office area. She has recently dissolved the company of Casey & Godfrey and has her own business with one employee.
7:01 PM Meeting opened to public comment. No comment.
The Board received one letter from an abutter, Geri & Buddy Doyle. They are in favor of the business.
7:01 PM Meeting closed for public comment.
Board members reviewed Section 5 of the Land Use Ordinance, Site Plan Review, and reviewed the Application for completeness.
Pam Mitchel made a motion to grant the following waiver requests: 4. i.; 5. b, c, d, e, f, h, i, j, k, l, m & r and 6. a, b, c, d, f, g, h, i, j, k, l, m, n, o & q. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Board members reviewed the Applicant’s responses to Land Use Ordinance, Section 5. Q. and voted on them individually.
Skip 1a & 1b and 2 for now.
Pam Mitchel made a motion to accept Review Criteria 3 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 4 as written by the Applicant. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 5 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 6 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 7 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 8 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 9 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 10 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 11 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 12 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 13 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 14 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 15 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 16 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 17 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 18 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 19 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 20 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to accept Review Criteria 21 as written. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
The Board reviewed Section 3. Performance Standards, of the Land Use Ordinance and voted on them.
Pam Mitchel made a motion that the following Performance Standards A, B, D, E, F, G, H, J, K, L, M, N, P, Q, R, S, T, U, V, W, X, Y, Z, BB and CC do not apply. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the following 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 the following Performance Standard I has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the following Performance Standard O has been met. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the following Performance Standard AA does not apply with the note that if the Applicant wishes to turn the office back to an apartment, she must come back to the Planning Board for approval. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
The Board voted on the remaining Review Criteria in Section 5.
1. a. Pam Mitchel made a motion that the Applicant is in compliance with City Ordinances and Codes. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
1. b. Pam Mitchel made a motion that the Applicant adequately meets the Standards.
Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
2. Pam Mitchel made a motion that this project adequately meets the standards of the City and Ordinances of the City. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept the Application. Deborah Willis seconded the
motion.
Vote: 6 in favor. 0 opposed. Motion passed.
7:45 PM Break
James Montell left the meeting.
7:49 PM Meeting resumed.
6.) PUBLIC HEARING – Minor Site Plan Approval
Omnipoint Communications, Inc., Applicant is seeking Minor Site Plan approval to co-locate wireless communications antennas at 135’ along with associated radio equipment on a 6’x8’ concrete slab within an existing compound area. The property, owned by Crown Castle International, Inc., is located at addressStreet74 Libby Hill Rd, City Tax Map 7, placeLot 30, and is within the Rural (R) Zoning District.
Chair Hart asked if any Board member had any conflict with this Application. No one did.
Peter Cooke introduced himself as the project manager and said that they would like to co-locate 3 arrays of panel antennas each at a height of 135’ on the existing 138’ guyed lattice tower. The antennas would be connected via co-axial cables to equipment cabinets, 6’x8’ mounted on the ground on a 6’x8’ concrete slab for radio equipment and a backup computer. There will be no generator, no fuel source or noise. The tower is owned by Crown Castle International, Inc. He distributed copies of a balance sheet for the company showing the financial capabilities.
Judy Dorsey asked about the number of antennas that can go on a tower. Peter said you need a 10’ separation for each set – this tower was designed for co-location.
8:00 PM Meeting opened for public hearing. – No comment.
David Cichowski, CEO said he had received a call or two asking who is locating.
8:01 PM Close Public Hearing
Chair Hart noted that under Federal Regulations, the Board can’t consider the health effects of antennas.
The Board members reviewed the Application for completeness.
Pam Mitchel made a motion to grant the following waivers: Section 5. H. 5 c, d, e, f, h, i, j, l, m, n, o, q, r and Section 5 H 6 m. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete with the conditions that the Applicant provide a copy of the lease agreement or letter of authorization from Crown Castle International, Inc., and a letter noting accommodations made for handling hazardous waste. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board members reviewed the Review Criteria in Section 5 of the Ordinance.
They skipped Review Criteria 1 and 2 for now.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Pam Mitchel made a motion that we accept Review Criteria 16 as written. Deborah Willis seconded the motion.
Vote: 5 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: 5 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: 5 in favor. 0 opposed. Motion passed.
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.
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.
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.
The Board members 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, L, M, N, O, P, Q, R, T, U, V, W, X, Y, Z, AA, AND CC. 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.
A discussion occurred as to whether or not Performance Standard BB applied to this Application. It was determined that it did not.
Judy Dorsey made a motion that Performance Standard BB is not applicable to this Application because it is not the construction of a new wireless telecommunications facility. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board voted on Review Criteria 5. Q. 2.
Pam Mitchel made a motion that this Application complies with City codes and 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 for Site Plan Review Criteria 5. Q. 1. b., the proposed development does adequately meet the City Standards applicable to the proposed development. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that in Site Plan Review Criteria 5. Q. 1. a., the project adequately meets the Standards of the City that are applicable and the district in which it is located. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept the Application. Deborah Willis seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
OTHER
Chair Hart reminded the Board members that as a quasi-judicial board, they can only discuss the applications before them at the meetings where it is recorded. If people contact you about the applications, you can tell them that you can’t discuss it. That relates to the application only, not the process.
7.) ADJOURN
Pam Mitchel made a motion to adjourn. Deborah Willis seconded the
motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:00 PM
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