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 June 12, 2007
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Judith A. Dorsey James Montell
Pamela Mitchel Edward Lawrence Ian Burnes
Deborah Willis
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Heidi Daniel Richard Daniel Heidi Stevens
Geri Doyle Steven G. Bolduc Jean Claveau
Jim Hebert In Suk Bolduc Mark Warren
Glen Guerrette Victor Bolduc Carla Noyes
1.) Chair, Pat Hart called the meeting to order at 6:05 PM, welcomed everyone and went over the meeting schedule. Agenda items 4 & 5 were reversed.
2.) Roll call taken.
3.) May 8, 2007 Meeting Minutes.
Pam Mitchel made a motion to approve the May 8, 2007 minutes as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. 1 Abstained (Ian Burnes was not at meeting). Motion passed.
5.) PUBLIC HEARING – Site Plan Review
Heidi Stevens, Applicant is seeking approval for a Home Occupation (to operate a Day Care in her home). The property, located at 167 Highland Av, is within the High Density Residential (HDR) Zoning District, City Tax Map 36, Lot 126.
Heidi Stevens said that she would like to care for 2 – 4 families in her home.
The Board conducted a completeness review of the Application.
Pam Mitchel made a motion that we waive the following requirements: Section 5. H. 5. b, c, e, i, j, l, m, p and r. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the Application is complete with the addition of a note of the start date. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
6:24 PM Open meeting for public comment. No comments. Chair Hart asked Dorothy and David if they had received any comments written or verbally. They did not.
6:24 PM Close Public Hearing
The Board members reviewed Section 5 Q. Site Plan Review Criteria.
Pam Mitchel made a motion that Standard 3 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board discussed the entry and exit proposals.
Pam Mitchel made a motion that Standard 4 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 5 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 6 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 7 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 8 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 9 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 10 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 11 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 12 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 13 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 14 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 15 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 16 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 17 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 18 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 19 has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 20 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard 21 does not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board members reviewed the Performance Standards in Section 3.
Pam Mitchel made a motion that Performance Standards A through H and J through CC do not apply. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Performance Standard I has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board went back to Section 5. Q.
Pam Mitchel made a motion that the Application is in compliance with City Ordinances and Codes and meets the intent of the Comprehensive Plan, as amended. (Sec. 5. Q. 2) Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the proposed Day Care adequately meets the standards where applicable. (Sec. 5. Q. 1. b.) Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that the plan conforms to the requirements of the district in which it is to be located, including the Performance Standards in Section 3. (Section 5. Q. 1. a.) Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this Application with the condition that we receive a note from the Applicant with the starting date on it. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
4.) SUBDIVISION REVISION
Richard & Heidi Daniel are seeking approval of a revision to the North Ridge Subdivision approved by the Planning Board on September 14, 2005 and Final Plan signed October 11, 2005, to remove the fifteen foot (15’) walking easement on Lot 5. The property, located on North Ridge Rd, is within the Rural (R)/Resource Protection (RP) Zoning Districts, City Tax Map 3, Lot 11-5.
Chair Hart asked Board members if any of them had anything to disclose concerning this Application or felt that they could not review this Application in an unbiased manner. Ed Lawrence recused himself because he has been employed by the Applicants on this project.
Debby Willis said that Mr. Daniel fixes her car but does not feel it is a problem for her. Chair Hart said that she is a member of the Rotary with the Applicant and he fixes her car. She doesn’t see it as a problem. Judy and Ian were not on the Board when the original subdivision was heard and voted on and wondered if they should participate. Board members said yes.
Ed Lawrence said that the Applicant would like to remove the 15’ pedestrian easement that crosses Lot 5 to the common space. The persons purchasing Lots 5 and 6 do not want people crossing their land. They can access the common space through Costello Rd the same as the other lots do. Lot 4 has been sold. The new owners are not interested in access to the common space.
Chair Hart asked if the Board had originally granted a density bonus on the size of the lots because of the common space. Ed said yes. Chair Hart said that she has reviewed the Ordinance on this matter and did not find where the access had to be contiguous to the properties or a definition for access. Ian was concerned that by removing the easement, it would remove value to the property.
Ed noted that the road name had to be changed. Unknown to the Applicants, the Town of West Gardiner had that road name. The Post Office did not want a second street with the same name within the 04345 Zip Code. The road will be called Daniel Drive.
7:01 PM Meeting opened for public comment. No comments. Dave and Dorothy did not receive any comments.
7:01 PM Close public hearing.
Judy Dorsey asked if the Applicants could get a letter from the buyer of Lot 4 indicating that they have no problem with losing the access through Lot 5. Ed said that even with the change, the deed would give them access. Judy said that as a Board, we should not appear to be taking away something that someone has by contract, unless we are provided with a written waiver of that contract right.
Pam Mitchel made a motion approving the removal of the easement to the common space on Lot 5. Deborah Willis seconded the motion.
Vote: 5 in favor. 1 opposed. (Judy Dorsey). Motion passed.
Pam Mitchel made a motion to approve the change from North Ridge Rd to Daniel Drive. Deborah Willis seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
7:15 PM Ed Lawrence rejoined the Board.
6.) PUBLIC HEARING – Site Plan Review
Black Diamond Consultants, Inc., Applicants, on behalf of Steven Bolduc, is seeking approval to construct a forty foot (40’) x sixty foot (60’) warehouse and office for Gardiner Rental. The property, located on Brunswick Av, is within the Planned Development (PD) Zoning District, City Tax Map 16, Lot 6A.
Chair Hart asked if any members had anything to disclose. Most members indicated that they had rented equipment from the Applicant but did not feel that it would affect their review and decision of this Application.
Jim Hebert from Black Diamond Consultants introduced himself and the owner, Steven Bolduc. He said that Gardiner Rental was proposing to construct a new building for the business on the lot next to the current location on Brunswick Av. There is City water and sewer currently on the site. He said that the setback distance of the building should be 125’ from the center line of the road rather than 125’ from the edge of the road as is noted in the Application.
The Board reviewed the Application for completeness. Ian noted that the location of buildings on abutting properties within 100’ is missing from the Application and asked if the Board thought that the aerial photo was enough to meet the requirement. The Board thought it would be ok.
Pam Mitchel made a motion that the Application is complete with the condition that we receive a new drawing with the seal and registration number of the surveyor on it, an indication on the plan of the sewer and water lines and any other driveways within 200’ as specified in the proposed development, including the driveway material and type of vegetation used in buffer. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
7:58 PM Open meeting for public comment.
Mark Warren, an abutter and current owner of the property said that they will add the gravel thickness and other things to the map.
8:01 PM Close Public Hearing
The Board discussed whether they should do a site walk. After discussion they decided it was not necessary as several had already been to the site and the Applicant is proposing moving to the adjacent lot, which has a similar landscape and vegetation.
The Board reviewed the Review Criteria in Section 5. Q. and skipped 1. and 2. for now.
Pam Mitchel made a motion that we accept Review Criteria 3 as written. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 4 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 5 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 6 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 7 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 8 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 9 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 10 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 11 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 12 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 13 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 14 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 15 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 16 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 17 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 18 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 19 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 20 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we accept Review Criteria 21 as provided by the Applicant. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board reviewed the Performance Standards in Section 3.
Pam Mitchel made a motion that the following Performance Standards do not apply: B, D, E, G, I, J, K, M, N, Q, T, U, V, W, Z, AA, BB and CC. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard A has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard C has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board discussed Standard F. Ian Burnes suggested that there be a grassy mounded area between the driveways and a distinction between the driveway/parking area and the display area. Steve Bolduc said the area between the parking and the display area will be grass if the Planning Board wants it.
Pam Mitchel made a motion that Standard F has been met with the condition that there be a grass buffer between the front display area and the road and the site be made to look as much like the picture on the last page as possible. Judy Dorsey seconded the motion.
Vote: 4 in favor. 3 opposed. Motion passed.
Pam Mitchel made a motion that Standard H has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard L has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard O has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard P has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard R has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard S has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard X has been met. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that Standard Y has been met with the condition that there be only one free standing sign. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
The Board returned to Section 5. Q.
Pam Mitchel made a motion (Section 5. Q. 2.) that this project is in compliance with the City codes and ordinances with the note that we’ve made several suggestions for buffering and have conditioned that there be only 1 free-standing sign, not two, as the original project applied for. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion (Section 5. Q. 1. b.) that the project, as amended, meets the standards. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion (Section 5. Q. 1. a.) that the amended project meets all of the requirements and standards. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion that we approve this project with the condition that we receive all required submissions to complete the Application as previously listed and that we have made an amendment to the sign request in the project and we have made some buffering requirements. Judy Dorsey seconded the motion.
Vote: 7 in favor. 0 opposed. Motion passed.
9:17 PM Break
9:25 PM Resume meeting.
7.) WORKSHOP
Carla Noyes is requesting a Workshop with the Planning Board to consider a proposal to change the use of a funeral home with one residential unit to a catering business and conference room/event room activities and one residential unit. The property, located on 39 & 45 Washington Av, is within the High Density Residential (HDR) Zoning District, City Tax Map 34, Lots 17 and 33.
Carla Noyes said that she has looked at the former Washington St Funeral Home property for possible use for meeting spaces and a reception area along with the existing 1 family unit on the second floor. She said most rooms would hold 6 – 12 people for a meeting, one room could seat 50 or a reception with 100 standing and there is a kitchen area available. She has friends that may be interested in buying the building. There is a parking lot with 24 spaces.
This use is not listed on the Use Chart, but there is a category for similar use, which she feels the meeting space use might meet. There is a lot of call for meeting space for 12 – 20 people and room for a 100-person reception, occasionally. She is hoping to get some input from the Planning Board about this possible use.
Judy Dorsey said that parking would be the problem, although people have parked for years on that street for the funeral home. Ian Burnes said the parking is probably not going to overflow on a daily basis.
David Cichowski said that it couldn’t be used as a multi-family because the frontage is insufficient to meet the requirements. It could be used as a 2-family home and they could sell the parking lot as a house lot.
The Board discussed contract zoning.
Glen Guerrette, the next workshop presenter, noted that he has seen properties like this one in Augusta. Because of limited use, they sit on the market for a long time and the value goes down considerably.
Chair Hart said the Ordinance Review Committee is looking into this issue with several larger vacant buildings in town.
8.) WORKSHOP
Glenn Guerrette is requesting a Workshop with the Planning Board to consider a proposal to combine several lots and construct a multi-unit building. The properties involved include, 42 Middle St; 41, 45, 51 & 55 Highland Av and are within the High Density Residential (HDR) Zoning District, City Tax Map 37, Lots 34, 35, 36, 37, & 48.
Pam Mitchel disclosed that her property is right across the street from Mr. Guerrette’s property. The Board said that because it is a workshop only, she could remain on the Board for discussion.
Glen Guerrette said that he has a nine unit building currently on one lot and has two vacant lots that abut. He is looking into purchasing another lot. All of the lots are narrow through-lots that do not meet the current road frontage requirements. They are currently in different names, avoiding automatic lot merge. He purchased the additional lots after a fire burned those houses as well as his apartment building. He had planned to build 1 or two more buildings after rebuilding his. He has considered combining all of the lots to get the 200’ frontage requirement for new multi-family dwellings, but is concerned it would change his grandfathering status on less than the required area for each unit for the 9-unit
building.
The Board discussed the definition of “through lot” and the requirements.
Chair Hart said that Glen would have to go to the Board of Appeals to obtain a variance – the Board could not act on this at this point.
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 10:28 PM
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