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Dorothy Morang, Recording Secretary
{00030026-0000-0000-C000-000000000046} CITY OF placeCityGARDINER
PLANNING BOARD
Gardiner Planning Board January 9, 2007
CityplaceCity of Gardiner, StateMaine Regular Meeting 6:00 PM
ROLL CALL
Present: Pamela Mitchel Judith A. Dorsey Deborah Willis
Edward Lawrence PersonNameIan Burnes
Absent: PersonNamePat Hart James Montell
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
1.) PersonNamePam Mitchel made a motion to nominate Deborah Willis as Acting Chairperson in the absence of Chair Hart. Judy Dorsey seconded to motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Acting Chair Willis called the meeting to order at 6:08 PM.
2.) Roll call taken.
3.) PersonNamePam Mitchel moved that we accept the November 14, 2006 minutes as written. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel moved to accept the December 12, 2006 minutes as written. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed the need for a waiver for Section 8. D. 2. h.
PersonNamePam Mitchel moved that we withdraw the waiver of the regulations of Section 8. D. 2. h. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. 1 abstained (Ed Lawrence is working with this Applicant). Motion passed.
4.) PUBLIC HEARING – Subdivision Continuation of Preliminary Plan Approval
Valerian Bolduc, II, Applicant, having Power of Attorney for Debra Stone, Owner, is seeking 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.
Acting Chair Willis asked members if anyone felt that they couldn’t be impartial. Ed Lawrence asked to be removed from the Board for this Application because he is working with the Applicant on this Application.
6:14 PM Ed Lawrence left the Board.
Acting Chair Willis introduced this item and asked the Applicant to present the new information.
Ed Lawrence went over the new Preliminary Plan and said that about 90% of the Plan is still the same. He reduced lots 1 and 5 and the developable area of the common open space is now more than 50 %. They have changed the name to Christina’s Way and have put a note on the map that lots 2, 3, 4 & 5 access through Christina’s Way only. Ed said that he has made changes to remove references to other subdivisions.
Ed distributed a sample copy of a Maintenance Association & Lot Owners Association By-Laws that the Board had asked for. He said that the Association will own the open space and the right-of-way. It was noted that there is a reference to addressStreetWoods Rd, West Gardiner in the by-laws. Judy asked what happens if the owner sells only 1 or two lots. Ed said that the owner would be a member of the association until the lots are sold. Ed said he would do a re-draft of this document.
Judy Dorsey moved that the sample document we’ve been given for a home owner’s association needs significant work and therefore doesn’t meet the requirements of 3. U. 5. PersonNamePam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Acting Chair Willis reviewed where the Board was in its review of the Preliminary Plan. A review of the minutes of the previous meeting indicates that the Board left off at Section 3 U 4 because they had skipped it to look at 3. U 6 first.
Judy Dorsey moved that the Plan, as newly submitted, does meet the requirements of 3. U. 4.
PersonNamePam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
The Board discussed Section 3. U. 6. Ed explained how he arrived at the net land area.
Judy Dorsey moved that the Application, as newly submitted, meets the requirements of 3. U. 6.
PersonNamePam Mitchel seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Board members reviewed Section 8 K Subdivision General Standards.
They skipped 8. K. 1 for now.
PersonNamePam Mitchel made a motion that Standard 8. K. 2 does not apply. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 3 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 4 has been met with the note that CMP will decide on the location of the poles for electricity. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 5 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
The Board discussed the section on Monuments and noted that they had allowed previous subdivisions to use capped iron rods in place of the required stone monuments for some corners of the subdivision. They discussed whether they could waive this requirement. It was decided that they couldn’t. PersonNameIan Burnes said that they need to look at what had been done in the past.
PersonNamePam Mitchel made a motion that Standard 8. K. 6 has been met with the note that we have discussed the superior attributes of rebar in the past based on information given to us in the past and determined that rebar is an acceptable monument. PersonNameIan Burnes seconded the motion.
Vote: 3 in favor. 1 opposed, (Judy Dorsey). Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 7 does not apply. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
The Board discussed the impact on ground water and the information on the Plan relative to the test pits. Ed explained the numbering system on the Plan and what the State minimums are. These tests do not include water quality. An individual having the well drilled would have the water tested. The Board members discussed under what circumstances they might require a hydrogeologic assessment of the property.
PersonNamePam Mitchel made a motion that for Standard 8. K. 8, we do not request a hydrogeologic assessment of the property. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 9 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 10 does not apply. Pam withdrew the motion. PersonNameDavid Cichowski will check to see if the street name meets the E911 criteria.
PersonNamePam Mitchel made a motion that Standard 8. K. 11 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 12 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
David determined that the street name met E911 requirements.
PersonNamePam Mitchel made a motion that Standard 8. K. 10 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 13 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
PersonNamePam Mitchel made a motion that Standard 8. K. 14 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
PersonNamePam Mitchel made a motion that Standard 8. K. 1 has been met. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
The Board went back to Section 3. U. 2. a.
PersonNamePam Mitchel made a motion that Standard 3. U. 2. a. has been met because she moved in the previous motion that 8. K. 1 has been met and it is the same thing. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
The Board discussed what items they still needed.
PersonNamePam Mitchel made a motion that we preliminarily approve this Application with the requirement that we receive a letter of approval from Public Works; a letter stating the financial capacity of the Applicant and a re-draft of the Road Maintenance & Home Owner’s Association By-Laws. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
OTHER
5.) ADJOURN
PersonNamePam Mitchel moved that we adjourn. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed
Meeting adjourned at 7:51 PM
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