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Dorothy Morang, Recording Secretary
{00030026-0000-0000-C000-000000000046} CITY OF placeCityGARDINER
PLANNING BOARD
Gardiner Planning Board November 14, 2006
CityplaceCity of Gardiner, StateMaine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Pamela Mitchel Judith A. Dorsey Deborah Willis
Edward Lawrence James Montell
Absent: Ian Burnes
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Jason Simcock, Planning & Development Director
Darryl Hanson Rich Nickless Val Bolduc
Chris Morin Suzie Morin
1.) Chair, Pat Hart called the meeting to order at 6:03 PM, welcomed everyone and went over the schedule for the meeting.
2.) Roll call taken.
3.) Pam Mitchel made a motion to approve all 3 sets of minutes as written. (October 10, 2006 Regular Meeting and its October 24, 2006 Continuation and the October 24, 2006 Site Walk) Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. October 10, 2006 minutes – 2 abstained: Deborah Willis and Ed Lawrence were not in attendance. October 24, 2006 Continuation Meeting and October 24, 2006 Site Walk – 1 abstained: Ed Lawrence was not in attendance. Motion passed.
4.) ORDINANCE CHANGE RECOMMENDATIONS – Jason Simcock, Director of
Planning & Development
Jason Simcock noted that his office has moved. He is now at the end of the hall.
Jason distributed an Agenda Supplement that follows up on an item involving fees that he had mentioned at a previous meeting. He went over the text changes that would give the City Council authority to set the various fees within the Land Use Ordinance whenever it is deemed necessary. The fees include building permits, site plan review and subdivision. He plans to present to the City Council all of the changes that he has sought a recommendation of approval from the Planning Board for at one time. There would be a first and second reading and if approved, it would take effect in 30 days.
Judy Dorsey made a motion that the Planning Board recommends the approval of the changes in the draft text change as received from Jason Simcock dated 11/14/06. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
5.) PUBLIC HEARING – Minor Site Plan Approval
Christopher and Suzie Morin, Applicants, are seeking Minor Site Plan Approval for a Home Occupation (In-home Day Care). The property, located at addressStreet27 Willow St., is within the High Density Residential (HDR) Zoning District, City Tax Map 33, placeLot 33.
Chair Hart introduced the Application from Christopher and Suzie Morin and asked if any Board members had anything to disclose. Chair Hart noted that she had received a telephone message from the Applicant and someone from the State. She informed them that she could not discuss the Application outside of the meeting.
Christopher Morin introduced himself and his wife Suzie and their son. He said that they wanted to operate a small day care center in their home at addressStreet27 Willow St.
PersonNameDavid Cichowski indicated that they were not planning to make any physical changes to the structure. He said that the certificates from the State Fire Marshal’s Office and the State License would not be issued until approval of this Application.
The Board reviewed the Application for completeness and the Applicant’s request for waivers.
Pam Mitchel made a motion that we grant waivers for Section 5 H. 4. i; Section 5 H. 5 b, c, e, f, h, i, l, & m. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete with the granting of the waivers. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
6:30 PM Meeting opened for public comment.
Rich Nickless introduced himself and noted that he lives in back of the Morin family. He said that he was there to speak in favor of the Application. He noted that the neighborhood has had a long tradition of home day care, including in his own home and felt that it was important that parents have a choice between a small in-home day care and a larger, commercial type. He said that there are a number of other in-home in the area and it fits in with the character of the neighborhood.
PersonNameDavid Cichowski, CEO said that the calls he received were from people saying pretty much the same thing as Mr. Nickless, including calls from the State. They said that it was important for in-home day cares to have the community’s support. They contribute to the well being of the community so that others can go out and work and that adds to the economics of the community.
No one spoke against it. Chair Hart said that she agrees with Mr. Nickless.
6:33 PM Meeting closed for public comment.
The Board reviewed the Site Plan Review Criteria in Section 5 Q. of the Land Use Ordinance.
They skipped Section 5. Q. 1 a. & b and 2 for now.
Pam Mitchel made a motion that we accept Review Criteria 3 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 4 based on the information on the map. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 5 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 6 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 7 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 8 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 9 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 10 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 11 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 12 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 13 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 14 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 15 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 16 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 17 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 18 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 19 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 20 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 21 as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
The Board reviewed the Performance Standards for Home Occupation in Section 3. placeI. of the Land Use Ordinance.
Pam Mitchel made a motion that placeSnStandard SnI. 2. a. has been met with the note that a family home day care fits with the overall character of the neighborhood and Mr. Nickless, an abutter agrees. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that placeSnStandard SnI. 2. b has been met. They discussed combining all of Standard 2 in one motion. Pam withdrew her motion and the Board discussed each of the items in Standard 2.
Pam Mitchel made a motion that SnplaceStandard SnI. 2. b. through l. have been met with the note that the number of vehicle trips is 24, not 6 as noted on the Home Occupation Fact Sheet, but 24 trips is not more than normal. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
The Board returned to the Site Plan Review Criteria in Section 5. Q.
Pam Mitchel made a motion that (Section 5. Q. 2) this Application meets the provisions of all applicable regulations and ordinances of the City and meets the intent of the Comprehensive Plan, as amended. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that (Section 5. Q. 1. a & b.) the Application meets the requirements of the district in which it is located and other pertinent requirements of this ordinance including the performance standards in Section 3. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Chair Hart noted that the Board can approve, approve with conditions, deny or table this Application.
Pam Mitchel made a motion to approve this Application. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
6:54 PM Break
7:02 Meeting re-convened.
6.) PUBLIC HEARING – Subdivision Completeness & Preliminary Plan Approval
Valerian Bolduc, II, Applicant, having Power of Attorney for Debra Stone, Owner, is seeking Application Completeness and Preliminary Plan Approval for a 5-Lot Subdivision with Common Open Space named Stonie Acres. The property, located on Costello Rd, is within the Rural (R) Zoning District, City Tax Map 10, placeLot 12B.
Chair Hart introduced the Subdivision Application and asked members if anyone had anything to disclose. Ed Lawrence removed himself from the Board for this Application because he is working with the Applicant on this Application.
Chair Hart referred to the information received from the Planner, Mitchell Rasor who reminded the Board in his Review Memo that because this is in a Rural Zoning District, additional standards apply. Chair Hart said that they will do the Completeness Review first, the Public Hearing and then the Preliminary Approval Review. She noted that approval of a preliminary approval is not a final approval.
Ed Lawrence introduced himself and the Applicant Val Bolduc who has Power of Attorney for his sister, Debra Stone. Ed said that it is a 5-lot subdivision proposal on addressStreetCostello Road with open space. They are requesting a reduction in lot sizes and road frontage. The property has a stream and wetlands running through it and wooded areas. Board members noted several references to other subdivisions in this Application. Ed said that he cut and pasted from other applications and he didn’t catch those. He said he will make the corrections.
Judy noted that she didn’t see test pit data for placeLot #3 and in a letter from Vaughn Smith to Dave, it references 12 lots. Ed said that there are only 5 lots but a number of test pits.
The Board reviewed the Application requirements for Subdivisions in Section 8. D. of the Land Use Ordinance.
David noted that the Police and Fire Chiefs have no problems with this but Reggie Grant of the Public Works has concerns about the possibility of driveways coming off onto addressStreetCostello Rd, the culverts and the road specifications. Judy noted that the response in the letters from the Fire and Police Chiefs do not address the information requested in the Ordinance. Dave said that he will try to get a more comprehensive letter from them. Ed said that there was only one driveway coming out onto Costello Rd. He said that the open space will be commonly owned open space and the road will be privately owned by a road association.
Chair Hart noted that the waivers requested for Section 5, Site Plan Review were not needed as the Board does not review that section for a subdivision application.
Pam Mitchel made a motion that we waive the requirements in 8. D. 1. e, and 8. D. 2. h. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete with the condition that we get a letter of approval from the Public Works and a note that we have granted 2 waivers. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
7:45 PM Meeting opened for Public Comment.
Darryl Hanson, an abutter, indicated that he purchased a home from Mr. Bolduc. He said that he is opposing the plan. He has had major issues with a house he purchased from Mr. Bolduc and eventually it had to be torn down. He lost all that he had been working for and he doesn’t want others to go there.
Darryl said that the common area is a ditch and not usable. He also has concerns about the traffic. It moves right along in that area as they come off from Route #24 at the yield sign. He said that the area is pretty rural and adding many houses takes away from the privateness of the area.
8:54 PM Close the meeting to public hearing.
The Board decided that they would like to do a site walk to get a better feel for the scope of the land and the lots and common space. They scheduled it for November 28, 2006 at 3:00 PM
Jim Montell asked that the Applicant review the Application and remove all references to other subdivisions and change it and initial it.
David asked if before the site walk, Ed could flag where Christina’s Road will be and the site distances. Ed said he would. The speed limit is 40 MPH in that area so the site distances would be 400’.
The Board reviewed Section 3. U., Planned Residential Development.
They skipped 2. a. for now.
They discussed the wetland areas, stream, standing water and other features of the land and what the required setbacks are for those areas. Ed said the stream is not there all of the time. David noted that it is not listed on our Zoning Map as in the Resource Protection Zone.
Judy asked the Applicant if he was going to build houses or just sell the lots. Mr. Bolduc said just sell lots.
David referred to Section 3. U. t. and said that no more than 50% could be unsuitable. The Planner, Mitchell Rasor’s memo said that this has not been met as they are 7% over. Ed Lawrence said that they can change some of the lot lines to meet that on the final plan.
Chair Hart noted for the Applicant, the things that the Board would like to see – the changes mentioned previously concerning references to other subdivision; the correct number of subdivision lots on Mr. Smith’s letter; test pits for each lot and limit the number of curb cuts on addressStreetCostello Rd. Ed said that he will put a note on the plan reference lots 2, 3 & 5 driveways being on Christina’s Way.
David said that the Maine Department of Transportation (MDOT) asks that all subdivisions limit driveways on the main road.
Chair Hart noted that they would also need a letter from the bank showing that the owner has the financial capacity for this proposal. Chair Hart also asked David to check with Public Works and the fire and police chiefs concerning safety relative to vehicle maneuvering, etc.
Pam Mitchel made a motion to table this application pending the site walk. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
OTHER
Chair Hart thanked everyone.
6) ADJOURN
Pam Mitchel made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:41 PM
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