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 November 9, 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: David Cichowski, Code Enforcement Officer
Dorothy Morang, Planning Board Recording Secretary
Councilor George A. Trask Sr. Ray Janelle Belinda Barry
William Barry Dan Bailey John Bobrowiecki
Peter Giampetruzzi Lou Oben
1.) Call the Meeting to order.
Chair Hart called the meeting to order at 6:00 PM, welcomed everyone and went over the agenda for the meeting.
2.) Roll call taken.
3.) Meeting Minutes September 14, 2010
Pam Mitchel moved to accept the minutes as written. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
4.) Public Meeting – Proposed Zone and Land Use Changes
The City of Gardiner Ordinance Review Committee has made a recommendation that areas of Summer St, Summer St Extension and Winter St be changed from the Cobbossee Corridor Zoning District to Central Business Zoning District. The properties are designated on City Tax Map 33, Lots 60 & 64; Map 34, Lots 82, 82-1, & 83; and Map 37, Lots 7, 10, 11, 12A, 12B, and 13; and to change Map 37, Lot 8 from Cobbossee Corridor Zoning District to High Density Residential District.
Chair Hart asked members if they could review the proposed changes in an impartial and unbiased manner. Pam Mitchel said that her property abuts one of the lots being considered, but she has no financial or any other interest in it and she feels she can review this without bias and in an impartial manner. The other members are fine with that and in reviewing the proposed changes.
Debby Willis, Chair of the Ordinance Review Committee, gave an overview of the proposed changes.
Councilor George Trask – Councilor Trask said that the Cobbossee Corridor Master Plan emphasizes market quality and appreciation of the value of the corridor. Mediocre development in the short run could jeopardize highly successful development that might be waiting in the wings. He said that a lot of thought went into the planning and we ought to give it a chance before changing it back. He said that the economy has been difficult in the last few years, but when it turns around, he hopes the City can draw in condos, offices, restaurants, etc along the corridor. He is also concerned about the danger to the environment along the stream if a business goes in there that deals with oil and gasoline.
John Bobrowiecki, a partner in the Up the Creek, LLC said that he supports the proposed changes. The Cobbossee Corridor Zone does not allow things like a laundromat, which is in his building now or the other light industry businesses that were there previously. This makes it difficult to bring in tenants.
Dan Bailey, a partner in the Up the Creek, LLC said that he has a potential tenant that would bring 30 jobs to Gardiner, but it would not be allowed under the current Cobbossee Corridor Zone. He is in negotiations with his landlord about possibly leasing the building that he is currently using for his auto sales and repair business. If that doesn’t work out, he might have to move the business to the Up the Creek building temporarily as he has to be out of the current place by February 2011. If they have only limited use of their property, he might have to move his business out of Gardiner. His business has been in Gardiner for over 83 years and he’d like to stay here.
Chair Hart said that the Ordinance Review Committee looked at the differences between the uses allowed in both districts and there are some differences.
Judy said she has mixed feelings. It is a hard economy, but do you give up the long-term plan.
Lou Oben, representing his mother who has property along Cobbossee Stream, but not one of the lots proposed to change said he came to see what is being planned. He said he would agree to let businesses come in. It will help the tax base.
Chair Hart went over the zoning history of the area and talked about the owner’s having trouble renting.
Councilor Trask said that MDOT plans to fix the old train trestle and the walking trails would be part of that.
Peter Giampetruzzi, a partner in the Up the Creek, LLC said that one of the uses not allowed in the proposed zone is light industry. Having that allowed would make all the difference in being able to attract tenants.
John Bobrowiecki said that MDOT has a right-of-way along Summer St and the trail will run along that.
Councilor Trask said that the Cobbossee Corridor Master Plan is looking at quality office space, etc and have put a lot of time and money into this – it doesn’t make sense to put a car dealership in there.
Lou Oben said his mother wants to sell her lot someday and hopes she has options on what it can be used for.
Chair Hart said that this proposal is to go from one business zone to another – not like a high density residential zone changing to a business zone.
Chair Hart closed the public meeting.
Ron Condon asked if the Cobbossee Corridor Master Plan was voted on by the City Council. Chair Hart said yes. She also noted that the Planning Board’s recommendations will go to the City Council for review and a decision.
Judy said she is neutral – she sees arguments either way.
Debby said she would move it up to the City Council.
Chair Hart said she sees no problem with the proposed changes – they are so subtle and would not preclude the goals in the Master Plan. She said that DEP rules will protect the stream.
Pam said that she sees 12 differences in the use of the zones and she has no problem in a car repair business as DEP regulations will cover that. She said that the setbacks in the Central Business Zone are more restrictive and she supports more green space for the trail. The trail will be a real advantage to the City of Gardiner.
Board members discussed the property on Tax Map 37, Lot 8. It is a single family home on Winter St and was included in the proposed changes.
Council Trask asked the Code Officer what his thoughts were about these changes. David said oil and gasoline would be a concern that close to the Stream, but if monitored, it would be ok.
Pam Mitchel made a motion that we remove Map 37, Lot 8 from the proposed changes and keep it the same as it currently is. Debby Willis seconded the motion.
Vote: 3 in favor. 1 against (Ron Condon); 1 abstention (Judy Dorsey). Motion passed.
Pam Mitchel made a motion that the Planning Board recommends to the City Council that City Tax Map 33, Lots 60 & 64; Map 34, Lots 82, 82-1, & 83; and Map 37, Lots 7, 10, 11, 12A, 12B and 13 be changed from the current zone of Cobbossee Corridor to Central Business Zone. Deborah Willis seconded the motion.
Vote: 3 in favor. 1 against (Ron Condon); 1 abstention (Judy Dorsey). Motion passed.
The Board members looked at the next proposed change to not allow communication towers in the Central Business (CB) Zone. Debby said that all of the members of the Ordinance Review Committee along with City Staff and contract planners checked their notes and did not see a change to be made to allow communication towers in the CB Zone.
Pam Mitchel made a motion that the Planning Board recommends to the City Council that the Land Use Ordinance Use Chart be changed to not allow communications towers in the CB Zone. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
The next item concerns public hearing notices. Debby said that the Ordinance Review Committee had discussed that it might be good to have two notices published in the KJ legal ad section for public hearings, but acknowledged that it is expensive. Chair Hart noted that in the past, only one notice was required. Ron feels there should be two in case an abutter doesn’t get a letter concerning the matter. Dorothy noted that the new requirements include certified letters being sent by the applicant, which should ensure that the abutters are being notified and it adds more cost for the applicants.
Pam Mitchel made a motion that the Planning Board recommends to the City Council that the Land Use Ordinance be changed to require one notification in the KJ instead of two. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed.
5.) Public Meeting – Proposed Zone Change
Raynaldo Janelle, owner of Janelle’s Restaurant is requesting that his property be changed from High Density Residential Zoning District to Planned Development Zoning District. The property, located at 321 Brunswick Av, is located on City Tax Map 29, Lot 2.
Chair Hart asked members if the thought they could consider this proposal in an impartial and unbiased manner. All of them said yes.
Debby Willis said that the City was contacted by Mr. Janelle concerning a zone change made to his property in 2003 which impacts the sale of his business. His restaurant property was rezoned in 1985 by the City Council as commercial. In 2003 it was changed to a High Density Residential Zone. He has requested to change it to Planned Development and the change is sponsored by Councilor George Trask.
Ray said that in 1981 he purchased the restaurant and it was rezoned in 1985 to commercial and he expanded the restaurant. He said that he is getting close to retirement and wants to sell. The restaurant is his nest egg. In 2003 the property was changed without any notice to him to High Density Residential (HDR) Zone. He found out about it when he went to sell it. He went through the long process to change it in 1985 and then the City drew a zone line and changed it. His building is next to the Armory and there are several trucking businesses around it. He would like the City to return it to Planned Development (PD) so he can sell the property as a business.
Bill Barry, the abutting neighbor said that he didn’t know what the change would mean so he came to City Hall and got a copy of the Ordinance that showed what would be allowed in that zone. He said there are 39 uses under the PD Zone that are not allowed in the HDR Zone. He said he has lived in his house for 20 years and is concerned about what might go in there and opposes the change.
Councilor Trask said that Mr. Janelle went before the Planning Board in 1985 and they let him expand his business. In 2003 they drew a line on that side of the street because they didn’t want development there and Mr. Janelle’s property just got caught up in it. He abuts Brunswick Av and that is our future – the City has big plans for it. Chair Hart asked what the plans were. George said he couldn’t talk about it.
Belinda Barry said she has lived in Gardiner for 60 years, close to where they live now and she doesn’t want to see construction or have diesel fuel come into their home. She said that land owner’s have as much rights as a business.
Councilor Trask said that the Armory has a lot of diesel trucks and there are several trucking companies already in that same area. He said it doesn’t make any sense to not do this. He said if the Armory moves to Brunswick, the City has first dibs on the property.
Judy asked if there were things that wouldn’t be allowed there because of the small lot size. David said that it is an existing lot, but if a business were to move in there a wanted to enlarge the existing building or build a new one, they would have to follow the standards of the ordinance with respect to setbacks, parking and buffering. That might keep certain businesses out.
Ron asked the Barry’s if they were notified of the 2003 zone change from commercial/industrial to HDR. They said no. Ron asked them when they moved there in 1990 did they know that it was a commercial/industrial zone. Bill Barry said yes, but his realtor told them that the property could not be used for anything else. They like living next to the restaurant.
Judy said she wished she had a better idea of what could theoretically be there, but couldn’t meet the standards. Chair Hart said that if the Armory were to leave, a new business could come in and build a new business and include this property. Judy said that there was some sentiment on the Council to try to create a transitional zone between zones. We need to push the Council to create the transitional zone.
Chair Hart said that Mr. Janelle can still sell the property as a restaurant, but is looking for broader opportunities. She said she is not in favor of changing this as their neighborhoods are being eaten away and they need to wait for the Council to look at the larger picture.
Pam said she is neutral on this.
Debby said she feels bad, but wouldn’t change it.
Ron said he is against the change.
Pam Mitchel made a motion that the Planning Board recommends to the City Council that no change be made in Mr. Janelle’s lot, Map 29, Lot 2. Judy Dorsey seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Lou Oben suggested that the City put a neon sign out by the road that announces City meetings.
OTHER
6.) ADJOURN
Chair Hart adjourned the meeting at 7:43 PM
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