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 January 8, 2008
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Judith A. Dorsey Deborah Willis
Ian Burnes
Absent: James Montell Pamela Mitchel Edward Lawrence
Also Present: Dorothy Morang, Planning Board Recording Secretary
David Cichowski, Code Enforcement Officer (CEO)
Isaac C. McLaughlin Jr. Melani McGuire Paul McGuire
Andrew Haskell Bridget Condon Roxane Genovese
Nick Beaulieu Pam Morrill Isaac McLaughlin Sr.
Sam Shaw Jr. Steve Martin Lou Parent
Rebecca Thayer Gene Thayer Ron Condon
Becky Marquis Nick Beaulieu
1.) Chair, Pat Hart called the meeting to order at 6:08 PM, welcomed everyone and went over the meeting schedule.
2.) Roll call taken.
3.) December 11, 2007, December 19, 2007 & December 28, 2007 (Site Walk) Meeting Minutes.
Deborah Willis made a motion to accept the December 11th & 19th, 2007 minutes as written. Judy Dorsey seconded the motion.
Vote: 3 in favor. 0 opposed. 1 abstained for the December 11th meeting (Ian Burnes was not at the December 11th meeting); 4 in favor. 0 opposed December 19th meeting. Motion passed.
Deborah Willis made a motion to approve the minutes of the Site Walk of December 28, 2007. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
4.) PUBLIC HEARING – Site Plan Review
Paul McGuire, owner of Aspire Corporation is seeking Minor Site Plan Approval to expand an existing storage facility by constructing three (3) additional storage buildings (10’x100’; 20’x100’; & 30’x100’) with paved access. The property, located at 878 Brunswick Av, is within the Residential Growth (RG) Zoning District, City Tax Map 11, Lot 26A.
Chair Hart asked Board members if any of them had anything to disclose reference this Application. Deborah Willis said that she had worked with Melani McGuire years ago but did not feel that this would cause her to be biased.
Chair Hart gave the status of this Application. On December 11, 2007 the Application was heard and a completeness review was conducted by the Board. There were a number of items missing. A Site Walk was conducted on December 28, 2007. She noted that the Board had not received any additional information and asked the Code Officer (CEO) if he had. David Cichowski, (CEO) said that he received additional information just before the meeting started and after a quick review, thought that all of the requested information was here.
The Board reviewed the additional information submitted in response to the Board’s request.
Section 5. H. 5.
d – need widths of roads and right-of-ways indicated on the plan
f - ok
h – ok
i – ok
j – need the major natural features on the site indicated on the plan
Paul McGuire distributed copies of a colored version of a map that the Board had received in black & white.
Ian Burnes said that bits of information are on various papers and not all on the plan. It is difficult to see where the buildings are going to be in relationship to other things and the wetlands. The plans do not show where the water drains to and there is a lot of concern about the water runoff.
Judy said that she assumed that this proposal met zoning requirements, but it doesn’t. A non-conforming use, as this is, can only be expanded by 25%. She also has concerns about expanding at all because of Gardiner’s Shoreland regulations in the Land Use Ordinance. Deborah asked if the wetlands she was talking about is the stream. Ian said yes, the stream bed. He said he would like to see information on the sketch to be able to make judgments on the standards.
Chair Hart said that they should go forward with the process and continue the completeness review.
Section 5. H. 5.
l – need existing natural drainage ways and culverts located on the map
Ian noted that this is the same thing. We have a drawing of these, but it is not on a plan that shows it in relation to other things. Judy said that the markings on the plan with respect to drainage do not appear to be correct. Dave said that the arrows show the water going uphill towards Allie Vigue’s place. The applicant said they were not arrows showing surface water direction. The arrows indicated grass.
n - ok
o – ok
Section 5. H. 6.
k - ok
m – need direction of surface water across property. The letter that was submitted was a formula for calculating it only.
Chair Hart noted that there are still a number of items that are missing and said that the Board had several options on what to do at this point – to vote on the completion, to table and move on to a workshop.
Deborah Willis made a motion that the Application is not complete with the following items missing: 5. H. 5. d. Street widths on plan; 5 H. 5 j. location on plan of major natural features on the site including within 250’ beyond the boundaries of the site, wetlands and streams; 5. H. 5. l. location of natural drainage-ways and culverts on the plan; 5. H. 6. m. direction of proposed surface water across properties. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Chair Hart closed the review of this Application as it is still incomplete. She offered a workshop, which is not binding, to give information to the Applicant.
David asked if the Applicant could ask for a waiver for the first item, the missing widths for streets and right-of-way. Ian said that if there is a culvert across Stanley Lane and the right-of-way is wider than the existing gravel, it might be widened someday. The Board should know what the actual right-of-way width is.
Judy said that the zoning is Residential Growth. According to the use table this use is a non-conforming use (Section 4. H. 2 c.) and couldn’t be done today. It can only be expanded 25% and the proposed expansion almost doubles the allowed expansion. She brought up the issue of Shoreland. If this is in the Shoreland it can’t be expanded at all. David said that he agrees with the 25% expansion limit, but isn’t sure that this is Shoreland. Judy noted that she is talking about setbacks from the Shoreland and the City’s Shoreland Ordinance says 75’ from the Shoreland. Judy asked if the parking lot and pad are part of the total calculation on which the maximum expansion is to based. David
said he thought so
Melani asked if the Board could make a decision now. Chair Hart said that the Board would have to review other cases and ask for legal advice. They would also have to go by the City’s Shoreland Ordinance requirements.
Chair Hart closed the workshop at 7:01 PM and left it up to the Applicants to determine in which direction they want to proceed.
Isaac McLaughlin Jr. asked if there would be a public hearing if the application comes back. Chair Hart said yes and the abutters would be notified of that meeting.
5.) PUBLIC HEARING – Minor Site Plan Review
Nicholas J. Beaulieu, Applicant, is seeking Minor Site Plan approval to develop a 24-lot RV/Campground named Colonial Heritage Resorts RV Park. The property, located on Longwood Dr, is within the Residential Growth/Shoreland (RG/SL) Zoning Districts, City Tax Map 16 Lot 7.
Chair Hart asked if any of the Board members had anything to disclose. Chair Hart said that the Thayer’s are here and are her neighbors.
The Applicant, Nicholas Beaulieu said that he is proposing a 24-lot RV park on a portion of a parcel of land that he owns off from Longwood Dr. He said that Mr. Martin’s cottage is within 200’ of his proposal and he had omitted it on the map.
Chair Hart went over the process. The Board reviewed the Application for completeness.
Section 5. H. 4. all ok.
Need:
Section 5. H. 5. c. & f
Nick explained the proposed traffic access and where the culverts will be. Judy asked about the buildings. Nick that at first there would be a bathroom facility and dump station, but in the future there will be water, sewer and electricity for each of the lots.
Need:
Section 5. H. 5. r. (location and type of trees of 12-inch caliper DBH)
Section 5. H. 6. a..
Ian said he would like some sense of what’s going on in each of these blocks – curb cuts, off-street parking, buffering, etc.
Section 5. H. 6.d. & e.
Ian asked if there would be fire pits. Nick said yes.
Section 5. H. 6. k (size & intensity); l. (location, materials, height); n (buffering); & p (estimate of traffic to include employees)
Nick said that MDOT issued a permit based on their standards. Nick was asked what kinds of vehicles would be there. He said RVs, pop-ups, tents, etc.
Chair Hart said that the Board would need hours of operation and months of operation. She said it would be helpful to see the facility rules for the park. The Board will be looking at noise, odor, etc.
David said that he would get letters from the Fire and Police. Ian said that he would like them to take a good look at and address where they are going to get water from, etc.
Deborah Willis made a motion that the Application is not complete. The following information is needed regarding existing conditions: Section 5. H. 5. c. Culverts; f. location of buildings within 100” of the property line of the proposed development; k dump stations; & r. location and type of existing trees of 12-inch caliper DBH. Also needed is information regarding proposed development activity, Section 5. H. 6. a. buffers; d. pedestrian walkways; e. pads, parking, etc.; f. fire protection, fire pits; k. type & size of lighting; l. sign; n. buffering; & p. estimate of daily traffic, hours of operation, months of operation and proposed rules/by-laws for the park. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed.
Nick said that each site will have a driveway directly off from the access way and the area will only be disturbed where the campsite is. Each lot will have 200 S.F. for parking and 480 S.F. for other activities for a total graveled area of 680 S.F.
The Board scheduled a site walk for Monday, January 28, 2008 at 8:00 AM on the proposed site off from Longwood Dr.
8:05 PM Chair Hart closed the meeting and opened a workshop.
Mr. Martin, an abutter wanted to know what the use will be – will the lots be sold. He also noted that he uses the same access road and asked if Nick makes the road a 1-way street, how is he going to get out – will he have to go through the RV Park to get out. He also noted that that he currently has a surface water problem and has had brown water in his well. He is concerned about additional surface water and its effect on his well and beach erosion.
Nick said that Longwood stops at the top of the hill now. He plans to widen the road on the access way. It should decrease the water flow. He also said that he plans for the park setup to be as nice as State Parks. He may do long term leases.
Mr. Martin asked again how he and Mr. Goodwin will get out of their properties if the road becomes 1-way. Nick said that for his park access, it is 1-way, but the others have access both ways.
Ron Condon, an abutter who has a corner lot in the subdivision, said that he has reviewed the subdivision minutes and application and is planning an appeal. He feels that an RV park will lower the value of the subdivision. The only access from Brunswick Av to the campground is through this subdivision. The subdivision was approved for low volume – 25 vehicles or less. There are 10 people with cars in the subdivision and the lots on the stream which is a minimum of 20 vehicle trips through the subdivision a day. The road was not designed for RVs, it was designed for light vehicles and minimum volume. He feels it is going against the provision of the subdivision. The original application for the subdivision stated that the road was for members of the
subdivision and weekend travelers to the water lots.
Chair Hart noted that some items are outside of the Board’s scope, which is Land Use. Some sound like contract issues.
Rebecca Thayer, a property owner on the water said that they stay seasonally. They live there in the summer, not just on weekends. Gene Thayer said that we should be looking at the larger picture. It is a Residential Growth Zoning District. Route 201 is for commercial business. We’ve had two successful housing developments in this same area. Wouldn’t we want to keep the same kind of development. Across the stream in West Gardiner, is residential also.
Mr. Parent, an abutter, is concerned about boundary markings so the campers know where his property lines are. Nick said he will put signage up.
Don Larrabee asked where his property was in relation to this proposal and what is the buffering. Nick showed him on the map. He is quite a ways away and there is quite a wooded area in between. Don was satisfied.
Bridget Condon, an abutter within the subdivision said she was concerned about human traffic on the lot on Cobbossee Stream. The subdivision road association has access to the water and lot .
Ron Condon said that the common lot is governed by the subdivision and Mr. Beaulieu no longer is a member because he withdrew his lot from the subdivision. He asked if the Board had the minutes from the three subdivision meetings. Dorothy said that most of the minutes were included in the application to remove lot 6 and that she had included the additional minutes for the Board.
Chair Hart said that this Application will be continued to Tuesday, February 12, 2008 @ 6:00 PM
6.) ADJOURN
Deborah Willis made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Meeting adjourned at 7:24 PM
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