REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
September 4, 2001
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call of Council: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Willett, Chicoine and Justice; the Town Manager and the Town Clerk.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to approve the Minutes of the August 7, 2001 Regular meeting. 7 yeas.
There were no open public communications. There were no Council communications.
Chairman Loveitt congratulated Cindy Hazelton on the recent very successful Gorham Family Fair; announced that nomination papers for Council and School Committee seats are available, to be returned to the Clerk by September 21st; and announced that the Town has been pursuing purchase of land rights for a by-pass.
The Town Manager reported that Public Works has completed demolition of the school bus maintenance garage; and that there are now four new fixed tv cameras on the walls for easier and better broadcasts of town meetings.
The meeting recessed for a public hearing on a Victualer’s License application in the name of Hans C. Hansen, d/b/a Hansen’s Farms. There was no public comment and the hearing closed at 7:11 p.m.
Item #6521. Moved by Councilor Willett, seconded by Councilor Hamblen and ORDERED that the Town Council approve the issuance of a Victualer’s License in the name of Hans C. Hansen, d/b/a Hansen’s Farms. 7 yeas.
The meeting recessed for a public hearing on an application for a Mass Gathering License in the name of North Gorham Day, Community Club. There was no public comment and the hearing closed at 7:13 p.m.
Item #6522. Moved by Councilor Phinney, seconded by Councilor Hamblen and ORDERED that the Town Council approve the issuance of a Mass Gathering License in the name of North Gorham Day, Community Club for September 15, 2001, and
BE IT FURTHER ORDERED that the fee for said license be waived. 7 yeas.
The meeting recessed for a public hearing on a proposed amendment to the Streets and Sidewalks Public Safety Ordinance Schedule A. Two people spoke from the public, both in favor of the proposed amendment. The hearing closed at 7:20 p.m.
Item #6523. Moved by Councilor Hamblen, seconded by Councilor Phinney and VOTED that
WHEREAS, the Town Council has agreed to make changes to facilitate traffic through Gorham Village, and
WHEREAS, eliminating parking along portions of the north side of Main Street would assist in the movement of traffic,
NOW, THEREFORE BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the following ordinance be and hereby is adopted:
Ordinance Amending the Streets and Sidewalks Public Safety
Ordinance Schedule A
1) Amend Schedule A of the Streets and Sidewalks Public Safety Ordinance by adding the following:
“Main Street The northerly side from 100 feet east of New Portland Road
to 360 feet west of Water Street.”
7 yeas.
Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED to waive the Rules to take Item #6527 out of order at this time. 7 yeas. (NOTE: For purposes of continuity the action taken under Item #6527 will be reported on in its proper consecutive order.)
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to waive the Rules to take Item #6526 out of order at this time. 7 yeas. (NOTE: For purposes of continuity the action taken under Item #6526 will be reported on in its proper consecutive order.)
Item #6524. Moved by councilor Willett, seconded by Councilor Phinney to waive the Clerk reading aloud the proposed order. 7 yeas.
The order, as written and distributed, was moved by Councilor Justice, seconded by Councilor Chicoine. Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to amend the proposed order by striking #1 and replacing it with Attachment A, as amended, and deleting the words “or members of families who are related by blood, marriage, or adoption. At least one of the related occupants of either the principal dwelling or apartment must be at least 62 years of age or older” from the definition of “Accessory Apartment”. 4 yeas. 3 nays (Willett, Chicoine and Robinson).
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town Council has determined that allowing accessory apartments in appropriate situations would be beneficial to the community, and
WHEREAS, the Planning Board, at their August 6, 2001 meeting unanimously recommended that the Council amend the Land Use and Development Code to allow accessory apartments,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled, that the following ordinance be and hereby is adopted:
Ordinance Amending the Land use and Development Code in regard to
Accessory Apartments
1) Add a new sub section C. Accessory Apartments to Chapter II, Section IV – Residential to read as follows:
“C. Accessory Apartments
Accessory apartments are a permitted use in the UR, SR, R districts, subject to the approval of the Code Enforcement Officer and adherence to the following standards:
A. The owners of the principal structure must reside in the principal structure of the accessory unit.
B. The number of occupants of the accessory unit is limited to two.
C. The accessory unit shall contain up to a maximum of 660 square feet of living space.
D. The septic system on the property in question shall be functioning properly at the time of application for site plan use permit approval. In addition, the applicant must submit a new HHE-200 form as documentation that another area of suitable soil exists on the property to be used for septic system repair in the event of failure of the original system.
E. The parking requirements of the Gorham Land use and Development Code shall be adhered to.
F. Proper ingress and egress shall be provided to the accessory unit.
G. Should the owners of the principal structure be found in compliance of the standards contained in this section, the non compliance shall be considered a violation of this code and subject to the fines and penalty section, and the accessory unit shall be discontinued, and the structure shall revert to single family use.
2) Insert a new definition to Chapter I, Section V, Definitions
“Accessory Apartment A separate dwelling unit that has been added on, or created within, a single family house for the purpose of providing separate living accommodations “
3) Modify the permitted uses allowed in the UR, R and SR Districts under Chapter I, Sections VI - Urban Residential District, B. Permitted Uses; Section VII - Suburban Residential District, B. Permitted Uses; and Section VIII - Rural District, B. Permitted Uses by adding the following:
1. A new permitted use under Chapter I, Section VI, Urban Residential District, Subsection B. Permitted Uses
“14) Accessory Apartments”
2. A new permitted use under Chapter I, Section VII, Suburban Residential, Subsection B. Permitted Uses:
“Accessory Apartments”
3. A new permitted use under Chapter I, Section VIII, Rural District, Subsection B. Permitted Uses:
“18) Accessory Apartments”
4) Insert a new parking requirement to Chapter II, Section II, Parking, Loading and Traffic, A. Off-Street Parking Standards, Subsection 2.) between "Dwellings" and "Motels, tourist homes, rooming houses and fraternities":
“Accessory Apartments: 1 parking space per each accessory apartment”
4 yeas. 3 nays (Willett, Chicoine and Robinson).
The Chairman declared a short recess. The meeting resumed at 9:08 p.m. Councilor Willett left the meeting during the recess.
The meeting recessed for a public hearing regarding a proposed revision to the Sprinkler Ordinance. There was no public comment and the hearing closed at 9:10 p.m.
Item #6525. Moved by Councilor Justice, seconded by Councilor Robinson and VOTED that
WHEREAS, the Town’s Sprinkler Ordinance needs to be updated from time to time, and
WHEREAS, the Ordinance was last updated July 10, 1990,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the Sprinkler System Ordinance of the Town of Gorham be revised as per the attached. 5 yeas. 1 nay (Hamblen).
Item #6526. Item #6526 consisted of a presentation by Scott Coffman, a Traffic Engineer from Casey & Godfrey on the new traffic lights recently installed in Gorham Village. There was no Council action.
Item #6527. Item #6527 consisted of a presentation by Terry DeWan from DeWan Associates on a proposed design plan as part of the Village Master Plan. There was no Council action.
Item #6528. Item #6528 consisted of a presentation by Barry Atwood and David Kent of the School Committee regarding the possibility of purchasing the office building at the corner of Libby Avenue and Route 25 (381 Main Street). There was no Council action.
Item #6529. The order, as read aloud by the Clerk was moved by Councilor Hamblen and seconded by Councilor Phinney. Moved by Councilor Phinney, seconded by Councilor Chicoine and VOTED to amend the proposed order by striking the last sentence. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED, that the Town Council accept the Charles C. Shaw School Alternate Use Study, as amended, by Gawron Architects. 6 yeas.
Item #6530. Moved by Councilor Hamblen, seconded by Councilor Chicoine and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Chicoine, seconded by Councilor Phinney and VOTED that
WHEREAS, Shaw Brothers Construction, Inc. applied to the Town of Gorham to expand H-Pit and construct an associated public park, and
WHEREAS, the Gorham Planning Board approved this project on May 21, 2001, and
WHEREAS, this project contemplates discontinuing a portion of Gambo Road as a public way, beginning at the easterly property line of property owned by Bousquet (Tax Map 72, Lot 17) and thence running northeasterly to the end of the road, a distance of approximately 2,600 feet, and
WHEREAS, it is still the intent of the Town to discontinue that portion of Gambo Road at a later date, and
WHEREAS, the Town wishes to facilitate progress on this project while adequately protecting the public’s interest,
NOW, THEREFORE, IT BE ORDERED, that
The Town Council authorizes Shaw Brothers Construction, Inc. to lower the elevation of that portion of Gambo Road beginning at the easterly corner of property owned by Bousquet (Tax Map 72, Lot 17), provided that
1. Said portion of Gambo Road that is lowered in elevation be reconstructed to comply with the then existing standards for new road construction in Gorham’s Land Use and Development Code and also remain at least 5 feet above the high water table, whichever is more restrictive, except that,
a. The existing slope currently found on Gambo Road that starts near the property formerly owned by Keddy may be relocated approximately 800 feet west toward Route 237. Said slope may not be made steeper than the existing slope.
2. Shaw Brothers will provide a 50 feet by 50 feet easement for the Town and public use and construct a turnaround on land it owns near the Bousquet property prior to the start of construction authorized in Paragraph 1.
3. During construction to lower the road, Shaw Brothers must provide a suitable detour or maintain the public road to provide for the safe and convenient transportation of the public to and from the current terminus of Gambo Road.
4. During the period of construction to lower the elevation of Gambo Road, Shaw Brothers shall indemnify and hold harmless the Town of Gorham, its officers, agents and employees, for any claims arising from their construction activity. A Certificate of Insurance evidencing appropriate coverage (no less than $400,000 or such higher amount as the Maine Tort Claim Act may be amended to require) must be filed with the Town of Gorham 30 days prior to the start of construction within the right-of-way of Gambo Road.
5. Prior to starting construction, Shaw Brothers Construction, Inc. must provide a bond in an amount equal to at least 150% of the estimated cost of reconstruction Gambo Road. The cost of such estimate to be reviewed and approved by the Town Manager.
6. This approval is otherwise contingent upon Shaw Brothers Construction, Inc. complying with the expansion of H-Pit and construction of the associated park, as approved by the Planning Board on May 21, 2001. 6 yeas.
Item #6531. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council vote for the slate of officers of the Maine Municipal Association as presented, and
BE IT FURTHER ORDERED that David O. Cole be appointed as Gorham’s Voting Representative and Brenda Caldwell as Gorham’s Alternative Voting Representative. 6 yeas.
Item #6532. The order, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Councilor Hamblen.
Moved by Councilor Hamblen, seconded by Councilor Chicoine and VOTED to amend the proposed order by changing Urban Access Road to Rural Access Road. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Chicoine and VOTED to postpone action on this item to the October 2, 2001 meeting of the Council. 4 yeas,. 2 nays (Hamblen and Robinson)
Item #6533. The order, as read aloud by the Clerk, was moved by Councilor Justice and seconded by Councilor Hamblen.
Moved by Councilor Justice, seconded by Councilor Hamblen and VOTED to postpone action on this item to the October 2, 2001 meeting of the Council. 4 yeas. 2 nays (Hamblen and Robinson).
Item #6534. Moved by Councilor Justice, seconded by councilor Robinson and ORDERED that the Town Council forward a proposal to amend Chapter IV, Site Plan Review, as presented, to the Planning Board for public hearing and their recommendation. 6 yeas.
Item #6535. Moved by Councilor Justice, seconded by Council Chicoine and ORDERED that the Town Council accept the bid of Megquiver & Jones, Inc. for $71,500 for the structural steel for a Sander Storage Shed in accordance with the bid specifications. 6 yeas.
Item #6536. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council appoint Christopher Barstow to a three-year term on the Parks and Conservation Commission, said term to expire April 1, 2004. 6 yeas.
Item #6537. Moved by Councilor Phinney, seconded by councilor Justice and VOTED to waive the Clerk reading aloud the prepared order. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED that the Town council go into Executive Session, pursuant to Title 1, M.R.S.A., Section 405 (6) (c) to discuss the acquisition of property and pursuant to Title 1, M.R.S.A., Section 405 (6) (d) to discuss a proposed labor contract and pursuant to Title 36, M.R.S.A., Section 841 (2) to consider two applications for abatement of taxes based on poverty. 6 yeas.
Moved by Councilor Justice, seconded by Councilor Robinson and ORDERED that the Town Council approve a new labor contract with the Maine Association of Police as presented. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to deny application 001-11 for an abatement of taxes based on poverty because the applicant has sufficient income. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to deny application 001-12 for an abatement of taxes based on poverty because the applicant does not reside in the structure and the applicant hasn’t proven that thy are unable to contribute to the public charge. 6 yeas.
Moved by Councilor Chicoine, seconded by Councilor Hamblen and VOTED to adjourn. 6 yeas. Time of adjournment - 11:35 p.m.
A TRUE RECORD OF MEETING
Attest:
D. Brenda Caldwell
Town Clerk
| 
