6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson
Dorothy Morang, Recording Secretary
{00030026-0000-0000-C000-000000000046} CITY OF GARDINER
PLANNING BOARD
Gardiner Planning Board April 10, 2007
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Judith A. Dorsey Deborah Willis James Montell
Pamela Mitchel Ian Burnes Edward Lawrence
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Mitchell Rasor, Planner for City of Gardiner
David Bragg Chris Belanger Prince Stevens Leon Hickey
Ken Teague Pat Teague Anthony Cartonio Pamela Cartonio
Nate McKenna Dan McKenna
1.) Chair, Pat Hart called the meeting to order at 6:04 PM, welcomed everyone and went over the meeting schedule.
2.) Roll call taken.
3.) March 13, 2007 Meeting Minutes.
Pam Mitchel made a motion to approve the March 13, 2007 minutes as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. 1 abstained (Ed Lawrence was not at meeting). Motion passed.
Chair Hart went over the administrative procedure defined in the Land Use Ordinance for reviewing subdivisions with the Board members. They discussed at what point the public hearing should occur. Another issue was the review for adequacy of the submission requirements. It was unclear whether that meant more than submission requirements are present. It was decided to continue the public hearings for this evening's subdivision applications and send the issue to the Ordinance Review Committee to look at.
4.) Continuation of Subdivision Preliminary Plan Approval and Final Plan Approval
The City of Gardiner, Applicant, is seeking Preliminary Plan Approval and Final Plan Approval for Phase II of the Libby Hill Business Park, a 12 lot subdivision. The property, located on Technology Dr, is within the Planned Industrial Commercial (PIC) Zoning District, City Tax Map 2, Lots 4C, 6B, 8 & 20 and Map 7, Lot 1B.
The Planning Board continued the Subdivision, Preliminary Plan Approval review at Section 8. K. 12. David Bragg introduced himself and went over this section on Storm Water as it relates to the Libby Hill Business Park Subdivision, Phase II. He gave a narrative of DEP’s report. He said DEP indicated that they were very happy with their proposal - the 10 detention basins, vegetative buffers, and areas designated on the plan as conservation easements.
Ian Burnes asked about the process – whether this Board can make a finding without storm water expertise before getting the response from DEP, the people who know. David Bragg said the DEP process takes much longer and if the DEP approval was done first and then the Planning Board made any modifications, they would have to go back through the DEP process again. He said that the Board can condition this subject to DEP’s approval. Judy Dorsey said she would agree to condition Standard 12 contingent on getting DEP approval.
She said that the standard is based on a 25-year storm event and given how things are changing, is it enough. David Bragg said for larger developments, it is based on a 50-year storm event standard, but less for just land development such as this proposal.
Pam Mitchel made a motion that Standard 12 has been met with the condition that DEP approval is granted. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
David Bragg submitted a modification of the Traffic Movement Permit to MDOT. The application has been pending for several months. The modification will change the projected traffic flow onto Route 201. MDOT looks at traffic within the subdivision also. Pam Mitchel asked if there was a speed limit in the Park. No one seemed to know. It was determined that the CEO would research it in the Ordinance and do a final check.
Pam Mitchel made a motion that Standard 13 has been met with the condition that the DOT permit is granted and the CEO checks to ensure the Ordinance is met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Chair Hart asked Ed Lawrence if he was up to speed on this Application where he was out the previous meeting. He said he was. She asked Board members if they were ok with this. They all said yes.
The Board reviewed the remaining items in Section 8. K. 14.
Pam Mitchel made a motion that Standard 14. b. has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 14. c. has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board discussed Standard 14. d. – the Board had granted a waiver for 14. d. 5. Mr. Bragg said he would add waiver requests for 14. d. 3. & 4. to the existing letter requesting waivers.
Pam Mitchel made a motion that we waive the requirements in Section 14. d. 3 & 4. that there must be at least two street connections to existing public streets with the finding that public safety is protected by the current street design in the subdivision that accommodates industrial traffic. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 14. d. has been met with the note that we have waived the requirements in 3., 4. & 5. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 14. e. has been met with the note that the DOT Permit will address these issues. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that, as designed, the project meets Standard 14. f. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 8. K. 1. has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Chair Hart went over what the Board has reviewed so far on this Application and determined that all of the requirements had been reviewed.
Pam Mitchel made a motion that we approve this Preliminary Application with the condition that approvals from DEP and DOT are met. Pam Mitchel withdrew her motion. They discussed stone monuments.
David Bragg said that they will use steel pins instead of stone monuments and was asking for a waiver.
Pam Mitchel made a motion that we grant the request for a waiver of the requirement for stone monuments as discussed in Standard K. 6. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that with the letters received from the Gardiner Water District and Fire Chief, Standard K. 5. has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that with the granting of a waiver of the requirement for stone monuments, Standard K. 6. has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve the Preliminary Plan with the granting of four waivers. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board reviewed the Final Plan and discussed whether to wait for DEP and DOT approvals before granting approval of the Final Plan. They decided to move ahead.
Pam Mitchel made a motion that we give approval of the Final Plan with the condition that the new waivers be added to the Final Plan and the City obtain the DEP and DOT approvals. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
5.) PUBLIC HEARING – Subdivision Completeness Review
Anthony J. and Pamela J. Cartonio, Applicants, are seeking Application Completeness Approval for a 5 lot subdivision named Cartonio Subdivision. The property, located on Moss Dr, is within the Rural (R) Zoning District, City Tax Map 7, Lot 1.
Anthony Cartonio introduced himself and his wife Pamela and said that they had met with Mitchell Rasor, the City’s contracted planner a couple of times concerning their plans. The Cartonios would like to subdivide their property into 5 lots, sell the home they currently live in and build a smaller one. Currently the property is one lot with three structures on it. There is one road through the lot. Anthony said that he has secured MDOT permits for 2 more entrances onto Route 201. MDOT said that the 16’ width is sufficient for the entrances. Anthony showed the Board where the entrances would be as noted on the Plan. Lot #1 will be sold. He would like to build on lot #4 and eventually, possibly build rental units on lot #5.
Chair Hart noted that the subdivision proposal is for subdividing only, not the buildings. Debby Willis asked what was going to be on lot #3. Anthony said his in-laws house is on that lot. Chair Hart asked about open space. Anthony said that if they need to designate open space he can do that. The Board discussed it and decided that it was not needed. Anthony said that he got a variance to reduce the building setback requirements so that he could divide the lot between 2 existing buildings – his home and a 2-family unit.
7:40 PM Meeting opened for public hearing.
Leon Hickey, an abutter, wanted to know where on the plan his property abuts. Mr. Cartonio showed him. It was at lot 5. Mr. Hickey wanted to know what development plans Mr. Cartonio had for the lots. Anthony said possibly rental units on one lot. Mr. Hickey wanted to know how close the houses would be to his line. Anthony said it is 400’ from the pond towards Route 201.
Chair Hart asked the CEO if the Cartonios build, would the neighbors be notified. The CEO, David Cichowski said no because it would only require a building permit. The Chair asked Mr. Hickey if he had any more questions. He said no.
Prince Stevens, an abutter, noted that his daughter, Beth Stevens Goodwin came up with the slogan that was on the walls of the Council Room, “Where History and Progress Meet.” He thought it was named in a contest through Shop & Save about 1984.
7:48 PM Closed Public Hearing.
The Board reviewed the Application for completeness.
Section 8. D. 1. e., County Soil Survey has not been included. The Board suggested that the Cartonios might want to ask for a waiver for this item. They said they would.
Section 8. D. 1. h. Sewage disposal system test pit analysis data. Mr. Cartonio has the data and will submit it.
Section 8. D. 2.
a. need 3 copies of large map
d. spell Gardiner correctly on plan
j. put names of owners of record of abutting properties on plan
p. put drainage arrows on plan
r. show electrical lines on plan.
The Board discussed whether to do a site walk. They decided not to as a group, but each member is welcome to go on their own.
The Cartonios will be out of state for the next meeting, but would like to proceed with this Application and will have someone represent them. The Cartonios will submit a written note authorizing the person who will be at the next meeting, as their agent.
After a discussion concerning the status of the Application and the fact that this Application just barely falls within the requirements of a subdivision, at the request of the Applicants, the Board will attempt to finish the completeness review, go through the Preliminary Plan review and Final Plan review all at the next meeting. The Chair noted that there is no guarantee that the Application can make it through all of the remaining processes in one meeting. It would depend on the submission requirements being complete and the standards being met.
It was suggested by the Board that the Cartonios request a waiver of the stone monuments as noted in Section 8. K. 6.
Pam Mitchel made a motion to table the Application to the May meeting. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
8:29 PM Break
8:40 PM Meeting Resumes
6.) PUBLIC HEARING – Subdivision Completeness Review
Dan McKenna of Hilltop Log & Timber Homes, Applicant, is seeking Application Completeness Approval for a 19 lot subdivision named Streamside Estates 2. The property, located on Brunswick Av, is within the Planned Development (PD), Residential Growth (RG) and Shoreland (SL) Zoning Districts, City Tax Map 11, Lot 18.
Dan McKenna introduced himself as the property owner. He said he was here a year ago for a workshop on this proposal. He would like to get approval for a 19-lot subdivision. The proposed subdivision abuts the existing subdivision. All of the lots of that subdivision have been sold, although they have bought back one lot with a house on it to resell. The previous owner decided to buy another lot and build a larger home.
8:43 PM Meeting opened for public hearing. No comments. Chair Hart asked Dorothy and David if we had received any correspondence or calls. Both said they had not.
8:43 PM Public hearing closed.
The Board reviewed the Application for completeness.
Judy Dorsey asked about the test pit data – if they needed a test pit for each lot. Mitchell Rasor said that you only need to drill samples to ensure that the soil was sufficient for sewage systems.
The following items were needed:
Section 8. D. 1. a. 2. Proposed street name
Section 8. D. 1. g. A written statement from the Fire Chief. Mr. McKenna is working with the Fire Chief on the design for fire ponds.
Section 8. D. 1. h. 1. Letter from Public Works. The letter is on its way.
Section 8. D. 2. g. Show location of the 100 year flood on plan
Section 8. D. 2. y. Names of existing and proposed streets/roads.
Section 8. D. ff. Estimate and type of vehicular traffic generated
Pam Mitchel made a motion that the Application is complete with the condition that we get a letter from the Fire Chief; a letter from the Sewer Director about capacity, the location of the 100 year flood is shown on the plan, name of roads shown on the plan and get an estimate of traffic generated on the plan. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Board members asked about the lots on the water – some did not have the required frontage on the water. Chris Belanger explained why they divided the lots the way they did, but said they will move the property lines to obtain the required frontage.
This Preliminary Plan and Final Plan will be on the agenda for the next meeting.
7.) ADJOURN
Pam Mitchel made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Meeting adjourned at 9:27 PM
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