|
Dorothy Morang, Recording Secretary
{00030026-0000-0000-C000-000000000046} CITY OF placeCityGARDINER
PLANNING BOARD
Gardiner Planning Board February 8, 2007
placeCityCity of Gardiner, StateMaine Special Meeting 6:00 PM
ROLL CALL
Present: Pat Hart James Montell Judith A. Dorsey Deborah Willis
Edward Lawrence
Absent: Pamela Mitchel Ian Burnes
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Jason Simcock, Director Planning & Development
Mitchell Rasor, Planner
Susan Hermayer placecountry-regionFrances Thebeau Paula J. Wentworth
James W. Farinon Sandra McKechnie Lysander McKechnie
Paul Fowler for Jeff Goyert Sherri Loon – placeRidgewood Power
Rusty Greenleaf CityplaceLincoln G. Luken Mike Firlotte
Dan Bailey Lewis O’Ben Tom Reeves
Terry Turner Jeff (sp?) Pluyck Vincent McGuire
Mari McGuire Richard Greenwald Laura Greenwald
Ned Harvey Vaughn Stinson Francis Grey Jr.
Dorothy Washburne Bob Lewis Karen Tucker
Peter Giampetruzzi
1.) Chair, Pat Hart called the meeting to order at 6:03 PM. and introduced the special meeting item, a proposal for a new zone.
2.) Roll call taken.
3.) The City of CityplaceGardiner is conducting a public Hearing to discuss a proposed, new zoning district called the Cobbossee Corridor District. The proposed new zone will include certain parcels along the Cobbossee Stream from the intersection of Summer and Bridge Streets to the intersection of addressStreetAndrews Street and Route 196. The City is proposing the District to implement mixed-use redevelopment goals established in the Cobbossee Corridor Master Plan.
Chair Hart read the proposal, explained the process and introduced Jason Simcock, the Director of Planning and Development who is presenting this proposal.
Jason Simcock welcomed everyone and said that the Cobbossee Corridor Committee has worked on this for a number of years before he came here. He was charged with implementing the Plan. He introduced the Committee members: Dan Bailey, Rusty Greenleaf, Lincoln Luken, Peter Giampetruzzi and Tom Reeves. Jason asked for a show of hands as to who in the audience were home owners and those who owned businesses along this Corridor. There were about six home owners and 5-6 business owners.
Jason gave a PowerPoint presentation showing pictures of many features along the proposed zone. He said that on one side of the stream, it is mostly commercial businesses and it currently doesn’t allow residential on the first floor. Other portions are in the Resource Protection Zone. Their objective is to provide more people use – recreation, more residential and a greater mixed use and protect the stream. Jason went over the public process from the Master Plan approval through the City Council approval and the two readings.
Jason said that the Cobbossee Corridor Committee has been meeting to look at ways to help the existing businesses and to ensure that they are all on the same page. The City notified 110 owners/abutters and has made available a copy of the Cobbossee Corridor Master Plan on Gardiner’s web site and in the Code Enforcement Office. Minor changes could be made to this proposal, but if the changes go beyond a certain threshold, the Committee would have to go back and review it and bring back another proposal.
Jason showed a copy of the study area in the Master Plan. He said that it is very similar to the boundary area on the current map and key development sites. He showed an aerial photograph of the project areas and listed the project goals. This will provide re-development opportunities as well as a walking trail and open space for use by the Community.
Some of the areas are in the Resource Protection Zone and Jason has been working with the Maine Department of Environmental Protection (DEP) to allow some low impact residential development in these Resource Protection areas. DEP said it looked pretty positive and is something that they will consider. He distributed copies of the District Boundary Map, District Definitions, Land Use Table, the Dimensional Table and proposed text changes.
Chair Hart explained to the audience what the Land Use Ordinance is and that the text changes would be made in various sections of that document.
Mitchell Rasor reviewed the zone definition and said that it was derived from the Cobbossee Corridor Master Plan that was approved in 2005 by the City Council. He said that some existing businesses are not being used and other areas are open space. As the economy changes, they are looking at developing from the Business District up along Cobbossee Stream, ensuring that the use is compatible with existing uses. They tried to create a district with open space and mixed use while being sensitive to the environment, protecting views and ensuring that the natural character of the area would be maintained.
The Overlay Zone is 250’ from the Stream, which is a State regulation. One side of the stream is highly developed down to the Stream. The State allows that because it has been that way for a long time. Over time, if businesses leave, it may change and could be converted to lower impact businesses. On the other side of the Stream there may be some limited residential growth, 8 – 20 units through the whole district, low intensity with strict standards. This will allow new, diverse development to happen in scale with properties around it.
Jason went over the Land Use Table. He said that no one is going to have to cease what they are doing now. The new Table relates to new development. They have actually created two new districts, the Cobbossee Corridor District (CC) and the Shoreland Overlay Limited Residential District (SOLR). The Cobbossee Corridor Committee went through each use and decided whether that use would be allowed in this District and whether it would require CEO or Planning Board approval. They also added footnotes to customize some of the uses. They were concerned that if current businesses go out of business and they want to sell, that they would have sufficient time to do that. The current Ordinance only allows a one year
grandfathering. Because of the unique character of this Corridor, it is proposed that the Ordinance would allow a grandfathering period of five years for this zone. He gave some examples of the proposed footnotes.
Mitchell talked about the standards – setbacks, lot coverage, etc. The standards are similar as existing except that some areas are more flexible. This gives property owners the opportunity to work with the Planning Board to develop/re-develop properties.
Judy Dorsey had questions about footnote 8. She said she knew the intention, but it doesn’t say that. The Board will look at it later.
Chair Hart went over the rules for the public hearing.
6:50 PM Meeting opened for public comment.
The following are comments from the public:
Vaughn Stinson, Maine Tourism Warehouse – Asked how this affects him. Jason said none as the business exists now and explained the grandfathering process for discontinued use.
Sherry Loon, Representing placeRidgewood Power Mgmt. – Asked how do they fit in? Chair Hart said the Ordinance does not list that use – the Ordinance needs to be fixed. Jason said that they didn’t create any new uses – they had to work with what they have. The Ordinance Review Committee will have to look at the overall Use Chart.
Frances Thebeau, Mother of an Abutter – Concerned about traffic. Her daughter is deaf and there is a lot of traffic now. Jason said that they aren’t getting into traffic issues at this time. When a person goes for a permit for a project, that is when it would be addressed. We don’t know what’s going to happen. The Master Plan identified this intersection as bad and the City is aware of the situation of the intersection. Any project would need a State Traffic Study. Also, in looking at the possibility of a path, they would want to make sure that it is a very safe walking situation.
placeCityLincoln Luken – Asked if Summer St was part of the truck route. Mitchell said yes and currently any changes would have to be made at the City Council level. They would have to amend it and re-route the trucks. This plan will not change this. It is a separate process.
Lewis O’Ben, representing his mother, a home owner – Mother has a vacant lot on Summer placeSt. Would she be able to develop it. Mitchell said they had met with DEP about that area that is in Resource Protection. Nothing could happen now, but hopefully DEP will allow some development in the future.
Bob Lewis, abutter – Asked if the City’s plan was to develop trails or for others to develop them. Jason said both. The City has development plans with DOT to connect the Rail Trail over to Route 126, but needs to go out to an RFP to do it. Once the City goes through the process, it will be a model for others to use to develop a path and add to the network. Mr. Lewis asked if the City owned the Usdan property and what was the City’s plan for its use. Chair Hart said we could not get into anything specific about this property because there is still an open application before the Planning Board. Jason said currently it is zoned Commercial Business. In the new zone, the use would be more restricted.
Richard & Laura Greenwald, abutters – He asked about the red line on the map that appears to run right through his house. Jason said it was the Shoreland District line. Because the house is pre-existing, the State allows its current use. Mr. Lewis asked how it affects the property. Mitchell said that the State has a 250’ setback requirement in the Shoreland Zone but because this use has been in place for a long time, the State allows it.
Mary McGuire, abutter – Asked if this would impact the land value and how it would enhance or hinder her property. Jason said that over time there may be opportunities for re-development with a greater mixed use and hopefully more walking trail networking. He gave examples of more opportunities in vacant areas and in Resource Protection. Mary asked if the City recommends to DOT traffic problem areas. Mitchell said that when there is a development proposal, we would bring in DOT to review the plan and there could be changes to improve the traffic flow. Mitchell said that the history of the Corridor has been industrial, but as we move into more service and technology oriented businesses, it should enhance the value of adjacent properties.
Susan Hermayer – Said it was a good Master Plan and asked what the timetable was from when this is approved and when they will see something happen. Jason said anytime after approval. The City has plans for the trail project, but nothing planned after that at this time. Someone from the private sector might have something planned.
placecountry-regionFrances Thebeau – She heard that condominiums are going in there. Jason said they would be allowed, but would have to go to the Planning Board.
Vincent McGuire, Abutter – Asked why the boundary didn’t stop at the foot of Winter St. Jason said the Master Plan included the area beyond Winter St and they kept Summer St because it contained key development areas in the Master Plan, the parcels are large and because of the connectivity to the Rail Trail.
Mike Firlotte, Harrison Av – Asked if the proposed trail system is on land currently owned by the City. Jason said yes. Mike asked if it would be open to the public and where would they park. Jason said parking would have to be addressed when the trail was built. There would be public hearings at that time. It’s just a rough sketch at this time.
Judy Dorsey said that the City has control over its own property, but also can give guidance to private property owners, which most of this property is.
Susan Heymayer – She has property for sale now. She is concerned that after the Plan is in place, that the projects may not go forward. She feels that it is the City’s responsibility to go out and get developers to move the plan forward.
Mike Firlotte – Asked when the dam by the mill will be taken out. Jason said it is not official yet.
Karen Tucker, Harrison Av - Asked if any of the land was owned by the City and if they had any plans or timetables. Jason said the City owns some of the land. Chair Hart said there is no timetable. If an application comes to the City, all abutters will get a notification. Jason suggested that Karen stop by City Hall and he could show her the parcels the City owns.
Frances Thebeau – Asked what was going to be done with the New Mills Dam. Chair Hart said we don’t know. Mitchell said that any projects in this proposed district would require a higher level of scrutiny and an extra level of review – more public review. The Committee wanted to be very careful and sensitive to existing businesses and residences.
7:45 PM Close public hearing.
Chair Hart listed the concerns that she noted from the property owners and abutters. They are the uses, restrictions, home owners and business owners wanted to know how they will fit in, traffic, public paths, and the continuance of current uses.
Chair Hart thanked everyone for their comments and went over the items that they would take up next – the uses and text changes and said that everyone is welcome to stay as they go through the proposed text changes and decide on a recommendation.
7:48 PM Break
7:57 PM Meeting resumed.
Chair Hart noted that during the break, all members of the audience, including members of the Cobbossee Corridor Committee left the meeting. She also noted that the Agenda item says at the intersection of addressStreetAndrews St and Route 201. The route number should be 126.
Jason went over proposed changes to the Land Use Table. He noted that the Committee had changed 2-family approval from CEO to the Planning Board. The Board discussed this. Chair Hart asked what guidelines the Cobbossee Corridor Committee used to draft the Shoreland Overlay Limited Residential District (SOLR). Jason said that they tried to start somewhere in the middle between the Resource Protection and High Density Residential Districts. The dashed line represents 250’ from the shore. They are working with DEP to try to work it out so that they can be more flexible for landowners. DEP will review the final plan and sign off before it goes to the City Council.
The Board reviewed the uses in the table, gave suggestions to revise footnotes 7 and 8 and looked at the proposed lot sizes. The Board felt that the lot size should be larger – it was increased in footnote 7 to 10,000 SF from 5,000. Footnote 8 was rewritten to clarify the grandfathering of a discontinued use.
Jason will type up a list of all of the amendments so far for the next meeting. He said that he wishes that he had added a couple more lots that are very shallow and are on Highland Av, just off from addressStreetBridge St. The Board decided that they should be added at a later date.
The Board looked at the text changes. They discussed Public Paths. Jason said that the City will work with the public to make reasonable accommodations to allow the network to happen. They can add language to the City’s Final Plan. Mitchell said they would find a way to move it up to the side walk if a negotiation with the owner/developer doesn’t work.
Chair Hart said that it seems like there are a lot more exceptions in this zone that are not any where else in the City. Jason said what is missing are the architectural standards. There are so many variables in this area. They plan to work on the standards later in all of the districts.
The Board discussed flat roofs and whether or not they should be allowed since they aren’t allowed anywhere else in the City and if they do allow them, under what circumstances.
The Board decided to review the text in order.
Section 2. E. District Purposes. It was decided to delete the second paragraph concerning building envelopes and deal with this issue in the performance standards
They looked at Section 3 F. 1. a. – changing the minimum required setback from 75’ to 25’. It was noted that the word setback should have been buffer and will be changed.
Judy asked if we could assume that anything that DEP approves is ok with the Wildlife Habitat Protection Act. Mitchell said that the City is getting a separate evaluation from Inland Fisheries and Wildlife. Judy asked if what we’re doing conforms to this. Mitchell said that representatives of DEP feel we have justification for the changes.
Section 3 P. Non-Residential Development. After review and discussion it was decided to take out the word “industrial” in 3 P. 5. and similar references in other areas of the text. In 3 P. 6. a. the text was changed to read, “along side property lines in the Cobbossee Corridor District in order to provide access, encourage shared drives and limit curb cuts.”
The discussion went back to flat roofs. It was suggested that the exception be deleted. Jason suggested that he could come back and fine tune the text for the Performance Standards instead. After further discussion, it was decided to add to the text in Section 3 P. 13. c., except “for existing buildings” in the.
The Board reviewed and discussed, with no changes, the text changes up to page 14, Section 4 Non-Conforming Structures. Judy asked why we were taking out the restrictions to the Shoreland Standards in this zone. Mitchell said that the Shoreland Overlay District is already a well developed area. It was decided to put the words “or Shoreland Overlay District” back in the text in Section 4 3. c.
The Board discussed Section 4 3. e., extending the time for an owner to replace or rebuilt to five years. Judy said if the property is destroyed, she has no problem with rebuilding the same non-conforming use and in the same footprint, but feels it should meet the design standards. Chair Hart asked Jason to contact some of the property owners in the proposed zone to see if it would be a make or break situation for them.
Board members decided to continue the meeting at the Regular Monthly Meeting on February 13, 2007.
4.) ADJOURN
Deborah Willis made a motion to continue this meeting to February 13, 2007, the Regular Monthly Meeting, being held at the Boys and Girls Club. Ed Lawrence seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:47 PM
| 
