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 August 11, 2009
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart Judith A. Dorsey Pamela Mitchel
Ronald Condon
Absent: Edward Lawrence James Montell Deborah Willis
Also Present: David Cichowski, Code Enforcement Officer
Dorothy Morang, Planning Board Recording Secretary
Jason Simcock, Director Planning/Development
Rusty Greenleaf
1.) Call the Meeting to order.
Chair, Pat Hart called the meeting to order at 6:03 PM and welcomed everyone.
2.) Roll call taken.
3.) June 30, 2009 and July 7, 2009 Minutes.
Judy Dorsey made a motion to approve the June 30, 2009 minutes as written. Ron Condon seconded the motion.
Vote: 3 in favor. 0 opposed. 1 abstained (Pam Mitchel was not at the meeting.) Motion passed.
July 7, 2009 Minutes
Judy Dorsey made a motion to approve the June 30, 2009 minutes as written. Ron Condon seconded the motion.
Vote: 3 in favor. 0 opposed. 1 abstained (Pam Mitchel was not at the meeting.) Motion passed.
Chair Hart went over the schedule for this meeting.
4.) Land Use Ordinance Change and Recommendation
Robert Logan Johnston, City Councilor on behalf of Russell Greenleaf, has sponsored a change to the Land Use Ordinance to add Crematory to the District Use Chart, to amend the definition of Cemetery and to add a definition for Crematory.
The Board members discussed the proposal for an ordinance change sponsored by City Councilor Robert Logan Johnston on behalf of Rusty Greenleaf and the Oak Grove Cemetery Association. The Board noted that although they have included this in the new proposed ordinance, the revision was necessary to be made now to meet the needs of the Oak Grove Cemetery Association and State law.
Pam Mitchel made a motion that we recommend to the Council that the proposal be accepted. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
5.) Land Use Ordinance and Zoning Map Recommendation
The Ordinance Review Committee is seeking a recommendation from the Planning Board to the City Council of the Revisions made to the Gardiner Land Use Ordinance and Zoning Map.
Chair Hart noted that the Ordinance Review Committee had met and gone over the edits, typos, etc compiled by Judy Dorsey. Judy had met with Bill Najpauer on a few questions she had and has given the corrections to Dorothy to make the changes.
The Board discussed the process to get the new, proposed ordinance to the Council. Chair Hart noted that it should be a clean, finished copy before sending to the Council. Dorothy will make the corrections and updates and provide updated copies of the draft to the Planning Board members for review and recommendation. After the Planning Board makes its recommendation to the Council, a copy of the draft will be put on the City’s web site. They were hoping it could go to the Council by the end of September.
Jason thanked everyone for the great amount of time that they have put into this. He also noted that we need to be mindful of the words put in such as “shall”. He said that we need to be really careful – a word can change the meaning or intent. Judy said that we have to use “shall” in order to be able to say that we approve something under the following. Chair Hart said that they have tried to stay away from “may”, “is”, etc.
The Board discussed restaurants in the PIC District. Jason noted that in the proposed Ordinance, a hotel is allowed in that zone and could include an accessory use of a restaurant, but not a separate restaurant. He said that often the restaurant is owned and operated independently of a hotel. Ron Condon said that a hotel with a restaurant makes sense, but he is not sure that it does without a hotel. Jason said that the businesses would like to have a restaurant in the Business Park for meetings and for dining with constituents. The Board said that they will amend the draft to allow a restaurant in the PIC Zoning District.
David noted that in the description of the Downtown Area, the A-1 Diner is listed as Map 34 Lot 107 and is actually Map 37 Lot 107. The correction will be made.
The Board discussed the use Outdoor Recreational Trail. David said that a business in the Libby Hill Business Park who owns several lots would like to build an outdoor trail for use by their employees and it would also be open to the public for use. Chair Hart said that Private Paths are not prohibited by the Ordinance. They are allowed in all districts.
Judy asked if we would be sorry by allowing a restaurant in the Park and then a large business wants to locate there and there are no lots left. Jason said that there are a number of smaller lots for a use such as a restaurant. In addition, a restaurant would probably not want to be further down in the park, but near the entrance. Pam asked if they plan to put in sidewalks. Jason said he doesn’t see building any in the near future. The road is very wide with striped shoulders.
Ron Condon asked Jason what role the City would play if a person brings a restaurant idea to the table. Jason said that his office would work with the individuals to assess their needs and work with the Downtown Manager and others to try to help find a place that met that person’s needs. Ron asked if a restaurant were to go in the Business Park would they get a TIF. Jason noted that the Libby Hill Business Park is in the area-wide TIF, but that TIFs are given based on need.
Chair Hart said that the Ordinance Review Committee, in reviewing and making changes to the current Ordinance, did not want to change policy, but worked to make the review process easier for citizens by making a procedural change creating four levels of review and by reorganizing it to make it easier to use. Many uses will no longer have to go through a full site plan review. Other uses were changed to allow them in districts not allowed before such as chickens, etc. Also, contract zoning was included. Judy noted that they also made some changes to the Zoning Map.
6.) ADJOURN
Pam Mitchel made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 4 in favor. 0 opposed. Motion passed.
Meeting adjourned at 6:50 PM
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