 |
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
December 2, 2003
The meeting was opened with the Pledge of Allegiance to the Flag.
Roll Call: Present: Chairman Loveitt; Councilors Hamblen, Robinson, Phinney, Willett and Dugas;
David Cole, Town Manager and Brenda Caldwell, Town Clerk
Absent: Councilor Justice - 6 present
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to accept the Minutes of the November 11, 2003 meeting. 6 yeas.
Representative Chris Barstow spoke from the public thanking the Council for their advice and support during the first year of his term and he highlighted two bills which he is supporting. He also asked if the Council had any questions of him. Councilors Willett and Phinney expressed concern about the Cumberland County Budget and the proposed by pass and asked him to support question 1A.
During Councilor Communications Councilor Phinney informed those present about two concerts that will be presented at the High School this week and next week.
Chairman Loveitt reported on a meeting he attended at RWA; congratulated the Gorham High School Football Team; and reminded Councilors of the Council workshop on December 16th for goal setting.
The Town Manager requested that the Council return their goal setting information sheets to him by Friday; announced that he has awarded a 10-year service pin to Pam Turner of the Library and a 5-year service pin to Brent Frank of the Police Department; and announced that the annual tree lighting ceremony will take place at the Municipal Center on
Unfinished Business
Item #6878. The item as moved and seconded and the November 11, 2003 meeting was VOTED resulting in the following:
WHEREAS, the Streets and Sidewalks Public Safety Ordinance has been amended from time to time, and
WHEREAS, the Ordinance contains some errors and omissions, refers to road names that have been changed, etc., and
WHEREAS, the Ordinance proposes to add new language which allows for immobilizing (booting) vehicles with three or more outstanding or unpaid violations,
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine that the following Ordinance be and hereby is adopted:
Ordinance Revising the Streets and Sidewalks Public Safety Ordinance
1) The Streets and Sidewalks Public Safety Ordinance shall be revised as per the attached. 6 yeas.
Prior to the above vote a motion by Councilor Phinney, seconded by Councilor Hamblen to postpone action on this item to the first meeting in January FAILED OF PASSAGE. 2 yeas. 4 nays (Phinney, Robinson, Dugas and Willett).
New Business
The meeting recessed for a public hearing on renewal of the following Automobile Graveyard and/or Junkyard permits for 2004:
LKQ Corp. d/b/a Gorham Used Auto Parts
Ralph Cartonio d/b/a South Street Auto Body, Inc.
Chester Seal d/b/a Chet's Auto Sales
Donald Hopkins d/b/a Hopkins Salvage
Bruce Young, Sr. d/b/a Young's Auto Salvage
Gordon Reichert, d/b/a Reichert David McCullough, d/b/a V & M Rental
Shawn Moody d/b/a Moody
There was no public comment and the hearing closed at 7:25 p.m.
Item #6885. Moved by Councilor Willett, seconded by Councilor Phinney to waive the Clerk reading aloud the prepared order. 6 yeas.
Moved by Councilor Willett, seconded by Councilor Robinson and ORDERED that the Town Council authorize the renewal of the following Automobile and/or Junkyard Permits for 2004:
LKQ Corp. d/b/a Gorham Used Auto Parts
Ralph Cartonio d/b/a South Street Auto Body, Inc.
Chester Seal d/b/a Chet's Auto Sales
Donald Hopkins d/b/a Hopkins Salvage
Bruce Young, Sr. d/b/a Young's Auto Salvage
Gordon Reichert, d/b/a Reichert David McCullough, d/b/a V & M Rental
Shawn Moody d/b/a Moody6 yeas
The meeting recessed for a public hearing on a proposal by Kasprzak Land Holdings, Inc. to enter into a contract zoning agreement with the Town of Gorham for land at Map 46, lot 11.001. There was no public comment and the hearing closed at 7:27 p.m.
Item #6886. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED
WHEREAS, Kasprzak Landholdings, Inc. (“Kasprzak” is the owner of a parcel of real estate located at Fort Hill Road (Route 114) in Gorham, Maine, consisting of seventy-eight (78+) acres located on or near 185 Fort Hill Road (hereinafter “the Property”) which is shown on Tax Map 46 as Lot 11-001; and
WHEREAS, the Property is currently located in the Urban & Rural Residential Zoning District as established by the Town
WHEREAS, the Property is located in an area where significant public infrastructure improvements will be required before substantial development can occur in the area; and
WHEREAS, Kasprzak wishes to undertake a large-scale residential condominium project on the Property; and
WHEREAS, in order to accommodate the new development, the Town
WHEREAS, Kasprzak has agreed to installation of the pump station and other required public improvements in return for a rezoning of the Property to facilitate the proposed condominium development; and
WHEREAS, the Town has determined that Kasprzak
WHEREAS, the Town has the authority to enter into a contract rezoning for property, pursuant to 30-A M.R.S.A. Sec. 4352(8) and Chapter I, Section I, Subsection H.1(b) of the Gorham Land Use and Development Code, and
WHEREAS, after notice and hearing and due deliberation upon this rezoning proposal, the Gorham Planning Board recommended the rezoning of the Property, and
WHEREAS, the rezoning will e consistent with the goals of the 1993 Gorham Comprehensive Plan, and
WHEREAS, the Town, by and through its Town Council, has determined that said rezoning will be pursuant to and consistent with the Town
NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the following be and hereby is adopted.
1) The attached contract zone, as amended, as presented. 6 yeas
The meeting recessed for a public hearing on a proposed amendment to the Land Use and Development Code, Chapter I, Section XVII, the Black Brook and Brackett Road Special Protection District by extending the expiration date from December 5, 2003 to April 30, 2004. There was no public comment and the hearing closed at 7:35 p.m.
Item #6887. Moved by Councilor Willett, seconded by Councilor Phinney and VOTED
WHEREAS, the Black Brook and Brackett Road Special Protection District was initially implemented as a temporary measure to protect the ground water from contamination, and
WHEREAS, the district was scheduled to automatically terminate on December 5, 2003, and
WHEREAS, the Maine Department of Environmental Protection is preparing recommendations to modify the district, but needs additional time,
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 Black Brook and Brackett Road Special Protection District of the Land Use and Development Code
1) Amend Section XVII, Black Brook and Brackett Road Special Protection District, subsection I - Expiration to delete the date December 5, 2003 and insert the date April 30, 2004. 6 yeas.
The meeting recessed for a public hearing on a proposal by Erik Richardson of Stone Concepts for a Zoning Map Change for 674 Main Street (Route 25) from Rural to Roadside Commercial to allow for business and light industrial uses on the property. There was no public comment and the hearing closed at 7:40 p.m.
Item #6888. The order, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Council Hamblen. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to postpone action regarding changing the Zoning Map for 674 Main Street (Route 125) from Rural to Roadside Commercial to the March, 2004 Council meeting. 6 yeas.
The meeting was recessed for a public hearing on a proposed amendment to the Land Use and Development Code, Chapter I, Section II, 4 regulating the enlargement or physical replacement of a non-conforming single family structure. There was no public comment and the hearing closed at 7:56 p.m.
Item #6889. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
The order, as written and presented, was moved by Councilor Phinney and seconded by Councilor Robinson. Moved by Councilor Phinney, seconded by Councilor Robinson and VOTED to amend the proposed order by deleting the sentence “The Code Enforcement Officer shall give notice to any abutting property owners of permits issued after review under this subsection.” 6 yeas.
The order, as amended, was then VOTED resulting in the following:
WHEREAS, the Town currently requires applications to enlarge or replace a non-conforming structure to go to the Appeals Board, and
WHEREAS this process incurs costs and uses staff time, as well as the applicant
WHEREAS, there are some applications for non-conforming use that are minor and non-intrusive, and
WHEREAS, the Planning Board has held a public hearing and recommends approval,
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 Chapter I, Section II, 4 Regulating Enlargement or Physical Replacement of Non-Conforming Single-Family Structures
1) Amend Chapter I, Section II - Nonconformance 4) of the Land Use and Development Code to read as follows:
“The Board of Appeals may grant permission for the enlargement or physical replacement of any use or structure made legally non-conforming by the district provisions of this chapter; provided, however, no enlargement or physical replacement of any such structure may encroach any further into any setback than the existing structure. In reviewing all such applications for enlargement or physical replacement, the Board of Appeals shall use criteria established herein for the consideration of special exceptions. The above notwithstanding, the Code Enforcement Officer, except in an Industrial Zone, may issue a building permit pursuant to Section III, D of this Chapter for the enlargement or physical
replacement and/or expansion of a non-conforming single family structure or residential accessory structure not located within the shoreland zoning overlay district without Board of Appeals approval, provided that the enlargement or physical replacement does not make the structure more nonconforming than that which currently exists and that the Code Enforcement Officer determines that such enlargement or physical replacement meets the criteria established herein for the consideration of special exceptions. Replacement and/or expansion of nonconforming structures within the shoreland zoning overlay district will be reviewed by the Board of Appeals in accordance with the requirements set forth in Chapter II, Section I.E, 6 of this Code.” 6 yeas.
Item #6890. Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED that the Town Council refer a request from Representative Chris Barstow to develop a Town motto, to the Economic Development Committee for their recommendation. 6 yeas.
Item #6891. The order, as read aloud by the Clerk, was moved by Councilor Phinney and seconded by Councilor Robinson. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to amend the proposed order by deleting “an ad hoc committee appointed by the Council Chairman” and substituting “Finance Committee”. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council refer a request from the School Department for a storage building, to the Finance Committee, and that the committee be requested to report their recommendations at the February 3, 2004 Council meeting. 6 yeas.
Item #6892. The order, as read aloud by the Clerk, was Moved by Councilor Dugas, seconded by Councilor Hamblen. Moved by Councilor Phinney, seconded by Councilor Willett and VOTED to amend the proposed order by substituting “Planning Board” for “Ordinance Committee”. 6 yeas.
The order, as amended, was then VOTED resulting in the following:
ORDERED that the Town Council refer a request from Dana Lampron to rezone land at the corner of Dingley Spring Road and Route 25 (Tax Map 76, lot 27-3) from the Suburban Residential Zone to the Roadside Commercial Zone, to the Ordinance Committee for their review and recommendation. 6 yeas.
Item #6893. A motion by Councilor Willett, seconded by Councilor Robinson that the Town Council authorize the Town to expend unused funds from the Bond issuance for the joint purchase of a new Fire Truck with Windham, to purchase additional equipment as listed in the Fire Chief
Item #6894. Moved by Councilor Phinney, seconded by Councilor Willett and ORDERED that the Town Council transfer all funds from the Reserve Account to study Transfer Development Rights to the Residential Growth Impact Study for the purpose of continuing the work to implement the Growth Study. 6 yeas.
Item #6895. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council ask the Ordinance Committee to review ideas from the Town Clerk regarding redistricting for voting proposals, and make a recommendation to the Town Council. 6 yeas
Item #6896. Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council accept the following cemetery perpetual care funds to be safely invested and forever held in trust, the interest there from to be used for perpetual care of the following lots:
Name Cemetery Funds
Burnham, James & Dorothy Hillside, Sec P, Lot 43 (Gravesites A & B)
(2 gravesites) $150.00
McPhail, George & Shirley North Street, Sec 9, Lot B, C, & D
(3 gravesites) $375.00
Straw, Kevin and Linda Hillside, Sec R, lot 2 (Gravesites A & B)
(2 gravesites) $150.00
Russell, Ruth Hillside, Sec P, lot 22 (Gravesites C)
(1 gravesite) $150.00
Russo, Leonard Hillside, Sec R, lot 3 (Gravesites A, B, C & D)
(4 gravesites) $250.00
Harriman, Elaine West Gorham, Sec V, Lot 24 (Gravesites C
(1 gravesite) $200.00
~
Fogg, Harvey Hillside, Sec R, lot 12 (Gravesites A & B)
(2 gravesites)
Fogg, Horace Hillside, Sec R, Lot 12 (Gravesites C & D)
(2 gravesites)
Fogg, Mary Hillside, Sec R, Lot 13 (Gravesites A & B)
(2 gravesites)
LeBlanc, Gail Hillside, Sec R, Lot 13 (Gravesites C & D)
(2 gravesites)
Fogg, John M. Hillside, Sec R, Lot 14 (Gravesites A B)
(2 gravesites) $400.00 Return of Gravesites A & B lot 26, Sec P
Grant, Harold A. North Street, Sec 36 (Gravesites G & H)
(2 gravesites) $250.00
Small, Susan West Gorham, Sec C, Lot 18 (Gravesites B)
(1 gravesite) $200.00
William Burnham,
Cheryl Atherton Hillside, P (Gravesites A & B)
(2 gravesites) $400.00
Bibber, Ronald and Shirley Hillside, R (Gravesites A & B)(2 gravesites) $400.00
Johnson, Olin K. & Ethel R. Hillside, P (Gravesites C & D)(2 gravesites) $400.00
Robichaud, Michael Hillside, R (Gravesites C & D)(2 gravesites)
and R (Gravesites A, B, C, & D)(4 gravesites) $1,200.00
6 yeas
Item #6897. Moved by Councilor Phinney, seconded by Councilor Robinson and ORDERED that the Town Council authorize the Town Treasurer, for calendar year 2004, for and in behalf of the Town of Gorham, to execute release deeds in the Town
Item #6898. Moved by Councilor Robinson, seconded by Councilor Phinney and ORDERED that the Town Council authorize blanket approval to Windham-Gorham Rod and Gun Club, the Special Olympics of Maine and the North Scarborough Fire Department for Beano and games of chance for 2004, and
BE IT FURTHER ORDERED that a letter be sent to the Chief of the State Police so notifying him of the Council action. 6 yeas.
Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to adjourn. Time of adjournment - 9:00 p.m.
A TRUE RECORD OF MEETING
Attest: D. Brenda Caldwell
Town Clerk
| |
