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 May 8, 2007
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Judith A. Dorsey James Montell
Pamela Mitchel Edward Lawrence
Absent: Ian Burnes Deborah Willis
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Garth Friel Diane Friel Chris Belanger
Nate McKenna Dan McKenna Dan Colby
1.) Chair, Pat Hart called the meeting to order at 6:00 PM, welcomed everyone and went over the meeting schedule.
2.) Roll call taken.
3.) April 10, 2007 Meeting Minutes.
Pam Mitchel made a motion to approve the April 10, 2007 minutes as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
Chair Hart asked David Cichowski if all of the information for tonight’s agenda items have been received. David said they looked ok to him.
4.) PUBLIC HEARING – Continuation of Subdivision Completeness Review; Preliminary Plan Review and Final Plan Review
Anthony J. and Pamela J. Cartonio, Applicants, are seeking Application Completeness Approval; Preliminary Plan Approval and Final Plan 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.
Garth and Diane Friel introduced themselves as agents for the Cartonios. They had a letter authorizing them to represent the Cartonios. In addition, the Cartonios were available via cell phone, if needed.
The Board reviewed the list of outstanding items and the materials submitted. They discussed the flow arrows on the plan. The arrows appear to note the flow of the water in the wetlands instead of the drainage on the land. The Board members reviewed the contours for this area on the Topographical map and thought it looked ok.
Pam Mitchel made a motion that we waive the requirement for the County Soil Survey. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we waive the requirement for the stone monuments and allow iron rods in their place. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel moved that the Application is complete. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed Subdivision Standards in Section 8. K., Subdivisions.
Skip Standard K. 1. for now.
Pam Mitchel made a motion that Standard K. 2. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 3. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 4. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 5. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 6. has been met with the note that the Board waived the requirement for stone monuments and allowed iron pins instead. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 7. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 8. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 9. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 10. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 11. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed the information from the Cartonios relative to Standard 12 and noted that they have obtained a Permit by Rule by the DEP and have flow arrows on the map for wetlands and have reviewed the contour on the Topographical map.
Pam Mitchel made a motion that Standard K. 12. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 13. has been met with the note that we have received a paper noting the estimated vehicle trips per day. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed the Ordinance relative to roads vs. streets. After discussion, it was decided that it is a private road, not a street. They asked the Friels if the Cartonios planned to pave the road. Mr. Friel thought they might in the future since they had paved Moss Dr, but wasn’t sure. David Cichowski said that Moss Dr is an existing private road and lot 4 has a driveway.
Pam Mitchel made a motion that Standard K. 14. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that this Subdivision meets all of the appropriate standards and is in conformity with the Comprehensive Plan. (Standard K. 1.) Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve the Preliminary Plan. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed the Final Plan and the additional information that was added. It was noted that some of the distances on the boundaries on the plan were divided up instead of listing total distances. They asked that the Applicants put the total distances on the plan. It was noted that the Applicants were granted a Variance by the Board of Appeals previously to reduce the side/rear setback in order to divide off a lot with a 2-family house on it. It was also noted that the Board had granted a waiver for the stone monuments as required in Standard 8. K. 6.
Pam Mitchel made a motion to approve the Final Plan with the conditions that the Applicant fix all of the dimensional distances where appropriate; the Variance that was granted by the Board of Appeals be added to the Plan; and also add the Waiver that was granted for the Stone Monument requirement in Standard 8. K. 6. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
5.) PUBLIC HEARING – Subdivision Preliminary & Final Plan Approval
Dan McKenna of Hilltop Log & Timber Homes, Applicant, is seeking Preliminary & Final Plan 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 and Chris Belanger and his son, Nathan and Dan Colby and said that they are seeking Preliminary and Final Plan approval of their subdivision. They have chosen to connect to City water and sewer and have submitted the additional information that was requested.
Judy Dorsey asked about the requirements in a letter from the Wastewater Treatment Plant Director, Chuck Applebee concerning odor. Mr. Belanger said that Chuck has had problems with other connections where there has been an odor problem. Chuck doesn’t foresee it here, but to ensure that if problems arise, they can be taken care of, he has included additional requirements such as a vent pipe to prevent odors and that the Applicant reserve a small piece of land for a chemical feed station and $6,000. be put in escrow with the City of Gardiner for that, should it become necessary. Dan added that the only previous problems with odor were in the initial phase where there are only a few houses and the sewerage sits in the pipes for a
while. He doesn’t expect the lots to remain vacant for long.
Dan noted the other changes. He said that they will have fire hydrants instead of fire ponds; the Wastewater Treatment Plant changes; the lot lines were moved to comply with the Shoreland dimensional requirements and the building envelopes were moved back behind the 250’ line from the water at the request of DEP. Chris said that they have added the position of the underground utility pads, but CMP will tell them where they will go. They have their road entrance permits from MDOT.
The Board reviewed Section 6, Shoreland Zoning within the Land Use Ordinance and the Standards in H.
Pam Mitchel made a motion that Standards 1, 2, 3, 5, 8, 9, 11, 12, 16, & 19 do not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board discussed Standard 4. The Applicant said that they will maintain a canopy buffer with only a footpath to the water and they do not plan to cut any trees. David Cichowski said that the State is proposing that the State Forestry Department oversee all cutting of vegetation in the Shoreland zone instead of the CEOs in the future.
Pam Mitchel made a motion that Standard 4 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 6 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 10 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 13 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 14 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 15 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 17 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 18 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 20 has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed the Standards in Section 8. K. of the Land Use Ordinance, Subdivisions, General Standards.
Pam Mitchel made a motion that Standard K. 2. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 3. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 4. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 5. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we grant the request for a waiver of the requirement for stone monuments for the curve lines in 8. K. 6. and allow iron pins instead. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 6. has been met with the note that we have waived the requirement for stone monuments on the points of curvature. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 7. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 8. has been met. A discussion followed. Pam Mitchel withdrew her motion.
Pam Mitchel made a motion that Standard K, 8, does not apply because we don’t need an assessment of impact on ground water. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 9. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 10. has been met with the condition that the street names be approved by the Fire Chief. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 11. has been met with the condition that the developers deposit $6,000 in escrow with the City of Gardiner for the chemical feed station should it become necessary; that language be added to the Subdivision Association Agreement for the chemical feed station, if needed; and the developer otherwise meets all of the requirements in the letter from Chuck Applebee dated 04/09/07. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 12. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 13. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 14. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard K. 1. has been met. The subdivision is in conformance with the City of Gardiner Land Use Ordinance and the Comprehensive Plan. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we give Preliminary Plan Approval with the note that we have used the new plan as revised by the DEP dated 05/07/07 as the basis for our decision; the street names be ok’d by the Fire Chief; that language be added to the Subdivision Association Agreement for the operation of a chemical feed station if needed; that $6,000 be placed in escrow with the City of Gardiner for the chemical feed station if needed; and the developer otherwise meets all of the requirements in the letter from Chuck Applebee dated 04/09/07. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed the Final Plan.
Pam Mitchel made a motion that we give Final Approval with the condition that we receive copies of the revised plan, that the street names are indicated on the plan, that language be added to the Subdivision Association Agreement for the operation of a chemical feed station if needed; that $6,000 be placed in escrow with the City of Gardiner for the chemical feed station if needed; and the developer otherwise meets all of the requirements in the letter from Chuck Applebee dated 04/09/07. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
8:14 PM Break
8:15 PM Meeting resumed.
Dorothy brought to Chair Hart’s attention that because the Cartonio Subdivision is in the Rural Zoning District, the Ordinance requires that it meet the requirements in Section 3. U. of the Land Use Ordinance - Planned Residential Development. Chair Hart agreed and said that the Application would have to be re-opened.
Pam Mitchel made a motion to re-open the Cartonio Application to consider whether it meets the Planned Residential Development Standards in Section 3. U. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The Board reviewed the Application and Section 3. U. of the Land Use Ordinance. Chair Hart noted that the Cartonios did not ask for anything outside of the required standards.
Pam Mitchel made a motion that Standard U. 2. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 3. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 4. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 5. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 6. has been met. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 7. does not apply. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard U. 8. does not apply because not a road. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Chair Hart polled the Board members to see if they felt anything substantial had changed from the earlier approval. They said no.
Pam Mitchel made a motion that none of the Performance Standards in Section 3. U. have changed our acceptance of the application. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
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 8:28 PM
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