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 September 14, 2010
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Pat Hart, Chair Deborah Willis Judith Dorsey
Pamela Mitchel Ronald Condon
Absent: Edward Lawrence James Montell
Also Present: Jason Simcock, Economic/Development Director
David Cichowski, Code Enforcement Officer
Dorothy Morang, Planning Board Recording Secretary
Jon Stonier Norine Leathers Pat Hopkins
1.) Call the Meeting to order.
Chair Hart called the meeting to order at 6:06 PM, welcomed everyone and went over the procedure for making an Ordinance change.
2.) Roll call taken.
3.) Meeting Minutes May 11, 2010
Pam Mitchel moved to accept the minutes as written. Judy Dorsey seconded the motion.
Vote: 4 in favor, 0 opposed, 1 abstained (Pat Hart not at meeting). Motion passed.
4.) Public Meeting – Proposed Zone Change
The City of Gardiner Planning Board will review and make a recommendation to the Gardiner City Council on a request submitted by Maine School Administrative District 11 to change the zone of the District Office from High Density Residential (HDR) to Education/Community Recreation District. The property, located at 150 Highland Av, is within the High Density Residential (HDR) District, City Tax Map 36, Lot 194.
John Stonier, Director of Operations for MSAD/RSU #11 introduced himself and gave an overview of their plans for a free-standing sign at the District Office of Superintendent. He said that they hold a number of meetings there and many people drive past the property. The sign would let people know where they are.
Jason Simcock said that it makes perfect sense to him to have a sign there; however he feels that changing the zone to allow it creates spot zoning. He feels that if the problem is with the sign regulations, it would be better to change the sign section of the Ordinance. He is suggesting that they add a footnote to the Sign Use Table to allow a free-standing sign in the High Density Residential Zone (HDR).
Judy asked why they couldn’t put up a wall sign instead. John said that because of the positioning of the building, it would be difficult to see a wall sign.
Board members agreed that amending the Sign Use Table was better than changing the zoning district. They discussed how they would change it and the size of the sign to be allowed.
Pam Mitchel made a motion that the Planning Board recommends to the City Council that the Sign Ordinance be changed to allow a sign in a public agency building and the size of the sign correspond to twenty (20) Square Feet in this District for free-standing signs.
Jason noted that the current Ordinance now allows a number of businesses in the High Density Residential Zone that couldn’t previously be there. He suggested that those type businesses would probably want a free-standing sign as well.
Chair Hart suggested that this item be sent back to the Ordinance Review Committee first. She said it is backwards for it to come to the Planning Board first.
Norine said that all of the schools are in the HDR Zoning District and they all have free-standing signs. She asked how they were able to do it. David said that the Ordinance allowed it at that time.
Pam Mitchel amended her motion to allow a free-standing sign in the High Density Residential Zone for all public agency buildings and the size of the sign be the same as allowed in the Education/Community Recreation District, which is twenty (20) square feet.
Board members felt that the word agency should not be in there. Judy Dorsey withdrew her second to the motion and Pam Mitchel withdrew her motion.
Pam Mitchel amended her previous motion to remove the word agency.
Pam Mitchel made a motion to allow a free-standing sign in the High Density Residential Zone for all public buildings and the maximum size of the sign be the same as allowed in the Education/Community Recreation District, which is twenty (20) square feet. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Chair Hart noted that this recommendation now goes to the City Council. She also recognized the new Superintendent, Pat Hopkins and welcomed her.
5.) Workshop
The City of Gardiner, Planning/Development Office has requested a workshop to discuss changes to Gardiner’s Land Use Ordinance.
Jason distributed a list of items that he would like to bring up for discussion concerning potential Land Use Ordinance and Zoning Map updates.
Item one - The previous Ordinance did not allow communication towers in the Central Business (CB) Zone and the current Ordinance does. He checked with members of the Ordinance Review Committee and none of the members had in their notes or remembers making this change. He noted that several lots within the CB Zone are large enough to meet the fall-zone requirements, but feels that a 75’ tower in the CB Zone would not be appropriate. Jason would like to recommend that the Ordinance be amended to not allow communication towers in the CB Zone.
The Planning Board members discussed this and agree that this should be changed.
Item two - The current Ordinance now requires that two public advertisements be done for all Planning Board meetings and the previous Ordinance only required one. He recommends that it go back to a single requirement.
Board members discussed this and some felt that two would give people a second chance to see the notice in the paper. Others felt that most people do not read them anyway and the abutters are notified by mail. Chair Hart asked if the State required two notices. Dorothy said that she had discussed this with Planner Bill Najpauer and he said that one notice is all that is required.
Item three - Jason said that he had been contacted by Ray Janelle who owns a restaurant on Brunswick Av. Ray brought in documentation that the City Council had changed his property to Industrial/Commercial in 1985. It was changed to High Density Residential in 2003, but he said he was not given notice of the change and only found out about it when he was considering putting his property up for sale. Jason said that the property abuts the Planned Development Zone and recommends that as this is an existing business that it be rezoned to Planned Development.
Board members discussed the issue that if it were rezoned, anything could go in there and the property abuts a residential lot.
Item four -The Sign Use Table that was already brought up. Jason did suggest that where new and existing uses are now allowed in the HDR Zone, some would probably want a free-standing sign and he would recommend that they either provide a footnote in the table to allow certain signs in this district or to remove the sign table as the use and sign dimensions are already regulated in the Ordinance.
Judy disagreed and said that the Sign Use Chart is necessary. She said that other types of signs such as a wall sign are allowed and if they allow free-standing signs, you could have a whole row of them on a street in a residential neighborhood.
Item five - The current boundary of the Cobbossee Corridor Zone (CC) on Summer St and Summer St extension. A number of existing buildings are within the Downtown area and are in the CC zone which restricts commercial use. He has been approached by a business owner who would like to move his business into an existing commercial building in that area, but is restricted because of the zone. Jason is recommending that the boundary be extended to include the areas along Summer St extension and include all of Summer St, but stop where Harden St meets Summer St extension. The parcels from there out would remain in the Cobbossee Corridor Zone.
Chair Hart asked what kind of business the business owner wanted to put in there. Jason said an automobile sale and repair shop. Board members discussed visibility and parking issues of the lot.
Judy is concerned that the Cobbossee Corridor is being chewed up. Jason said the area he is proposing is now and has always been commercial properties. He feels that there is still a fairly significant area for the Cobbossee Trail.
Chair Hart suggested that the first two items go back to the Ordinance Review Committee for discussion and sponsorship and then to the Planning Board for a recommendation to the City Council. Item four – the Sign Use Table has been addressed. Items three and five also need to go back to the Ordinance Review Committee. She suggested that members of the Committee need to go out and look at the lots where the zones are being requested to change. She also suggested that a workshop be held with abutters being invited for comment.
OTHER
Chair Hart asked when the Comprehensive Plan update would be done. Jason said it is required to be done by 2012. He said the Downtown Plan also needs to be updated, which would provide a potential for grant money.
Chair Hart asked about the Crematorium Application. Dorothy said that as of today, the City has not received a request to withdraw the Application from the Applicant. Chair Hart noted that Committee members cannot discuss this Application.
Chair Hart thanked the Planning Board members and City staff for all their work.
6.) ADJOURN
Pam Mitchel made a motion to adjourn. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 7: 42 PM
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