REPORT OF THE REGULAR MEETING OF THE GORHAM TOWN COUNCIL
November 1, 2005
Chairman Loveitt opened the meeting at 7:05 pm with the Pledge of Allegiance.
Roll Call: Present: Chairman Loveitt; Councilors Dugas, Justice, Willett, Phinney, & Robinson, Town Manager, David Cole, and Town Clerk, Christina Silberman. Councilor Hamblen arrived after the roll call at 7:08 pm.
Moved by Councilor Justice, seconded by Councilor Robinson, and VOTED to accept the Minutes of the October 4, 2005 Regular Meeting. 7 yeas.
Open Public Communications
Steve McDermott from the Sigma Nu fraternity stated that the members of his fraternity are interested in volunteering within the community. Their contact information will be given to the Town Manager.
Councilor Communications
Councilor Willett congratulated the high school teams on their change from class B to class A and wishes them well in their competitions this weekend.
Councilor Phinney stated that the girls soccer game will be held at Morse High School in Bangor on Saturday at 1:00 pm. He also reported that the ordinance committee met and two items they discussed are on tonight’s agenda.
Councilor Robinson reported that the Finance Committee met on October 14th. One of the items that they discussed is on tonight’s agenda. The committee discussed a proposed charter change regarding the amount the town can spend without going to referendum. They talked about whether there should be a charter change regarding collecting a fee for road construction, this item will be taken up after the Election. They addressed the proposed charter change on the minimum amount of voter turnout for passing ordinances and the number of signatures required on petitions to overturn the Council and felt that the current charter requirements are sufficient.
Chairman’s Report
Chairman Loveitt reported that Regional Waste Systems continues to make an effort to redesign itself. The reopening/expansion of the ash fill is on schedule. Recycling has increased and the Town will benefit in increased revenue as a result. There will also be an increase from the sale of electricity.
The Chairman reported that the Hollis Selectman are discussing a pay per bag system.
Chairman Loveitt passed out the meeting notes of the Town Clock Committee. This item should be on the next regular meeting agenda. Councilor Dugas asked about the make up of the committee. Chairman Loveitt gave the names of the people serving on this committee.
He reported on the parking on Cross Street. A proposal has come to the planning board regarding the Methodist Church on Cross Street. Chairman Loveitt suggested that we should not proceed with public money regarding parking on Cross St. until the proposal from the church runs its course. He recommends that the Council hold off action on this item.
Chairman Loveitt thanked the council and people of Gorham for the manner in which the council has conducted business. It has been his pleasure to serve as Chairman.
The town has a new school, a new library, a good public works department, and the new municipal center renovations have begun. The last piece in the puzzle is the public safety building. Funds should be left over from the Shaw school renovation to help with the renovation of the public safety building.
Town Manager’s Report
Mr. Cole reported that the municipal center project has broken ground. He reminded residents that the Election is next Tuesday for two council seats, three school committee seats and a referendum question for a bond for the Libby Ave. Brackett Rd. improvements.
The Town Manager discussed the road project on Cressey Rd. The Public Works Department started the project and after it had begun a developer asked about putting in a water line for a development. There is now some settling occurring where some backfill had been done. There may be a need for additional repairs.
Mr. Cole reminded the council about a memo regarding some old roads that was distributed and he would like their feedback by this Friday.
Old Business
Item #7169 This item was properly moved and seconded at the September 6, 2005 Regular Town Council Meeting. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept an easement from S. B. Gorham, Inc. for the access road into Shaw Park. 7 yeas.
Item #7170 This item was properly moved and seconded at the September 6, 2005 Regular Town Council Meeting. The Town Manager asked for an amendment to be made to the proposed order. Moved by Councilor Justice, seconded by Councilor Robinson and VOTED to amend the proposed order to add the following language at the end of the first paragraph “with the knowledge of and understanding that at some point in the future, the gravel pit, currently known as H-Pit, will expand operations toward this park and that such expansion is consistent with the acceptance of this gift by the Town”. 7 yeas.
The order as amended was then VOTED resulting in the following. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled accept a deed from S. B. Gorham, Inc. for Shaw Park with the knowledge of and understanding that at some point in the future, the gravel pit, currently known as H-Pit, will expand operations toward this park and that such expansion is consistent with the acceptance of this gift by the Town and
Be It Further Ordered that the Gorham Town Council, on behalf of the citizens of Gorham, express its appreciation for this generous and timeless gift to the community. 7 yeas.
New Business
Public Hearing #1 Councilor Phinney explained this item. Chairman Loveitt opened the Public Hearing. There were no public comments.
Item #7189 The order as read aloud by the clerk was moved by Councilor Dugas and seconded by Councilor Willett.
Moved by Councilor Justice, seconded by Councilor Willett and VOTED to adopt the Planning Board recommendation. 7 yeas.
The order was then VOTED resulting in the following.
Whereas, certain developments are required to complete offsite public improvements as a condition for obtaining site plan approval; and,
Whereas, the Town Council wants to ensure that the offsite improvements are completed in a timely manner to serve the community and public’s best interest,
Now Therefore, Be It Ordained that the Town Council of the Town of Gorham, Maine, in Town Council assembled amend the Gorham Land Use and Development Code, Chapter III, Subdivision, by adding a new Section V, Improvements, requiring the completion of all required public improvements by the time 50% of lots or units are developed. 7 yeas.
AMENDMENT TO GORHAM LAND USE AND DEVELOPMENT CODE CHAPTER III, SECTION V RE: COMPLETION OF REQUIRED IMPROVEMENTS
Chapter III SUBDIVISION
Section V. IMPROVEMENTS
In no event shall building permits be issued for more than 50% of the lots or units within a development until:
1. All required off-site public improvements have been completed, unless otherwise approved by the Planning Board, based upon the Board’s determination that extenuating circumstances exist and an adequate performance guarantee is in place to ensure the completion of the uncompleted public improvements. For purposes of this section only, extenuating circumstances may include, but are not limited to, delays in related Town, State or federal improvement projects that impact the required public improvements or delays caused by weather or unforeseen site conditions. The Planning Board’s decision on whether extenuating circumstances exist to excuse completion of required off-site improvements prior to the issuance of more than 50% of the building permits shall be final.
2. All required streets are either constructed or the guarantee required by Chapter II, Section V.E.4.f has been posted with and accepted by the Town.
3. All required stormwater facilities and erosion control measures have been installed, as required by the approved plan, other than those facilities required as part of the development of an individual lot
4. Where the Planning Board has approved a phased development, this limitation shall apply to each separate phase. Public improvements both on- and off-site shall be assigned to a phase of development as part of the Planning Board’s approval of the subdivision.
Public Hearing #2 Chairman Loveitt opened the Public Hearing. There were no public comments.
Item #7190 The order as read aloud by the clerk was moved by Councilor Justice and seconded by Councilor Phinney.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to adopt the Planning Board recommendation. 7 yeas.
The order was then VOTED resulting in the following.
Whereas, the Town of Gorham has a Land Use and Development Code that regulates land use through zoning; and,
Whereas, in limited situations and with appropriate standards, entrepreneurial and commercial activities can be compatible and desirable in the Suburban Residential and Rural Districts,
Now Therefore, Be It Ordained that the Town Council of the Town of Gorham, Maine, in Town Council assembled amend the Gorham Land Use and Development Code, Chapter 1, Sections V, VII, and VIII allowing limited rural entrepreneurial activities in the Suburban Residential and Rural Districts. 7 yeas.
Amendments to Chapter I of the Land Use and Development Code to Accommodate Rural Entrepreneurial Activities Including the Reuse of Existing Agricultural Buildings.
1. Amend Chapter I. Zoning Regulations, Section V. Definitions by adding definitions of Existing Agricultural Building and Rural Entrepreneurial Use in proper alphabetical order that shall read as follows:
Agricultural Building, Existing |
A non-residential building that has been used for an agricultural use or in conjunction with an agricultural activity for at least ten (10) years prior to April 1, 2005. |
Rural Entrepreneurial Use |
A small, low-impact non-residential use that meets the performance standards for a Rural Entrepreneurial Use for the district in which it is located. |
2. Amend Chapter I. Zoning Regulations, Section VII - Suburban Residential District by adding two (2) new permitted uses to subsection B. that shall read as follows:
14) Reuse of an existing agricultural building for non-residential use that meets the Performance Standards of Subsection E
15) Rural Entrepreneurial Use that meets the Performance Standards of Subsection E
3. Amend Chapter I. Zoning Regulations, Section VII – Suburban Residential District by adding the following to Subsection E. Performance Standards
2. Rural Entrepreneurial Uses Including the Reuse of Existing Agricultural Buildings
In addition to the performance standards of Chapter II, any Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building for a Non-Residential Use shall meet the following standards:
a) Notwithstanding the minimum lot size requirement of Subsection D, a Rural Entrepreneurial Use or the Reuse of An Existing Agricultural Building shall be permitted only on a lot with an area of at least three (3) acres. If the lot contains another principal use(s), the lot must have at least three (3) acres for the Rural Entrepreneurial Use or Reuse of an Existing Agricultural Building in addition to the area required for the other principal use(s).
b) The total floor area for all buildings and structures used as part of the Rural Entrepreneurial Use(s), but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than one (1) percent of the area of the lot on which it is located or five thousand (5,000) square feet, whichever is less. The five thousand (5,000) square foot limitation shall not apply to the Reuse of an Existing Agricultural Building provided the total floor area for all buildings and structures used for such Reuse, excluding any part of a basement that is used only for storage or mechanical uses, shall not be more than one (1) percent of the area of the lot on which it is located.
c) Vehicular access to the lot on which the use is located shall be from a public street that is classified by the Town as an arterial street, collector street, industrial or commercial street, or service road. In addition, the Reuse of an Existing Agricultural Buildings may get its vehicular access from a sub-collector if the lot on which it will be located is at least five (5) acres in area.
d) The total number of peak hour trip ends generated by the use based upon the ITE Trip Generation Manual shall not exceed one (1) trip end per two hundred (200) square feet of gross floor area occupied by the non-residential use.
e) The use of the building shall be limited to low-impact non-residential activities such as, but not limited to, personal, business, and repair services, business and professional offices, light industrial uses, research facilities, and warehousing and storage, and shall not involve the retail sale of goods except as accessory to another principal use. Any use that is listed as a special exception in the Suburban Residential District shall not be allowed as a Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building and shall be allowed only with approval of a special exception for that use.
f) The non-residential activity shall occur completely within the building and there shall be no outside storage of materials, equipment, or products. No equipment or machinery associated with the use other than normal heating and ventilation units shall be located or operated outside of the building.
g) The Reuse of an Existing Agricultural Building shall maintain the architectural character of the existing building and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements. The design of any new, expanded, or reused building other than an Existing Agricultural Building shall be residential or rural/agricultural in character with a pitched roof with a minimum roof pitch of 5:12. Exterior materials shall be similar to those used on existing residential or agricultural buildings in the district.
h) Parking associated with the use shall not be located in any required setback. If the building is located within one hundred feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting properties in residential use through landscaping, fencing, or topography.
i) The use shall not produce noise, odors, fumes, vibrations, or electrical interference at the boundaries of the parcel that exceed the levels produced by typical single-family residential uses.
j) The hours of operation of the use shall be compatible with surrounding uses and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.
k) Notwithstanding the provisions of Chapter II, Section III – Signs, the non-residential activity may have one (1) non-illuminated, double-sided sign with an area of not more than twenty-four (24) square feet per side. If there is more than one business entity occupying the building, there shall be a single, non-illuminated, double-sided sign with an area of not more than forty-eight (48) square feet per side for all of the businesses.
4. Amend Chapter I. Zoning Regulations, Section VIII – Rural District by adding two (2) new permitted uses to subsection B. that shall read as follows:
19) Reuse of an existing agricultural building for a non-residential use that meets the Performance Standards of Subsection E
20) Rural Entrepreneurial Use that meets the Performance Standards of Subsection E
5. Amend Chapter I. Zoning Regulations, Section VIII – Rural District by adding the following to Subsection E. Performance Standards
2. Rural Entrepreneurial Uses Including the Reuse of Existing Agricultural Buildings
In addition to the performance standards of Chapter II, any Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building for a Non-Residential Use shall meet the following standards:
a) Notwithstanding the minimum lot size requirement of Subsection D, a Rural Entrepreneurial Use or the Reuse of An Existing Agricultural Building shall be permitted only on a lot with an area of at least five (5) acres. If the lot contains another principal use(s), the lot must have at least five (5) acres for the Rural Entrepreneurial Use or Reuse of an Existing Agricultural Building in addition to the area required for the other principal use(s).
b) The total floor area for all buildings and structures used as part of the Rural Entrepreneurial Use(s), but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than one (1) percent of the area of the lot on which it is located or five thousand (5,000) square feet whichever is less. The five thousand (5,000) square foot limitation shall not apply to the Reuse of an Existing Agricultural Building provided the total floor area for all buildings and structures used for such Reuse, excluding any part of a basement that is used only for storage or mechanical uses, shall be not be more than one (1) percent of the area of the lot on which it is located.
c) Vehicular access to the lot on which the use is located shall be from a public street that is classified by the Town as an arterial street, collector street, industrial or commercial street, or service road. In addition, the Reuse of an Existing Agricultural Buildings may get its vehicular access from a sub-collector if the lot on which it will be located is at least five (5) acres in area.
d) The total number of peak hour trip ends generated by the use based upon the ITE Trip Generation Manual shall not exceed one (1) trip end per two hundred (200) square feet of gross floor area occupied by the non-residential use.
e) The use of the building shall be limited to low-impact non-residential activities such as, but not limited to, personal, business, and repair services, business and professional offices, light industrial uses, research facilities, and warehousing and storage, and shall not involve the retail sale of goods except as accessory to another principal use. Any use that is listed as a special exception in the Rural District shall not be allowed as a Rural Entrepreneurial Use or the Reuse of an Existing Agricultural Building and shall be allowed only with approval of a special exception for that use.
f) The non-residential activity shall occur completely within the building and there shall be no outside storage of materials, equipment, or products. No equipment or machinery associated with the use other than normal heating and ventilation units shall be located or operated outside of the building.
g) The Reuse of an Existing Agricultural Building shall maintain the architectural character of the existing building and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements. The design of any new, expanded, or reused building other than an Existing Agricultural Building shall be residential or rural/agricultural in character with a pitched roof with a minimum roof pitch of 5:12. Exterior materials shall be similar to those used on existing residential or agricultural buildings in the district.
h) Parking associated with the use shall not be located in any required setback. If the building is located within one hundred feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking shall be screened from view from public streets or abutting properties in residential use through landscaping, fencing, or topography.
i) The use shall not produce noise, odors, fumes, vibrations, or electrical interference at the boundaries of the parcel that exceed the levels produced by typical single-family residential uses.
j) The hours of operation of the use shall be compatible with surrounding uses and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.
k) Notwithstanding the provisions of Chapter II, Section III – Signs, the non-residential activity may have one (1) non-illuminated, double-sided sign with an area of not more than thirty-two (32) square feet per side. If there is more than one business entity occupying the building, there shall be a single, non-illuminated, double-sided sign with an area of not more than forty-eight (48) square feet per side for all of the businesses.
Item #7191 Moved by Councilor Dugas and seconded by Councilor Justice. After this item was moved, Mr. Young explained his request. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled refer a request from Paul Young and the expressed interest from Mr. & Mrs. Daniel Sawyer and Mr. & Mrs. Roger Hanscom to rezone their property on Dingley Spring Road from the Suburban Residential District to the Roadside Commercial District to the Planning Board for Public Hearing and their recommendation. 7 yeas.
Item #7192 Moved by Councilor Willett, seconded by Councilor Phinney and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize an adjustment in the requested donation at the Gorham Senior Citizens Mealsite from $3.00 to $3.50. 7 yeas.
Item #7193 The order as read aloud by the clerk was moved by Councilor Phinney and seconded by Councilor Robinson. Moved by Councilor Justice, seconded by Councilor Willett and VOTED to change the wording of the proposed order to replace the words “nonexistent parcel” with “an improperly listed parcel” and to add the words “with interest and costs” after the words “abate taxes” and to change the amount to $4,126.55. 7 yeas.
The order as amended was then VOTED resulting in the following. ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled pursuant to Title 36, M.R.S.A.,Section 841, abate taxes with interest and costs that were assessed in error on an improperly listed parcel, (tax map 41, lot 22.1) for tax years 2002/03, 2003/04, and 2004/05 in the amount of $4,126.55. 7 yeas.
Item #7194 Moved by Councilor Justice, seconded by Councilor Dugas and ORDERED that the Town Council of the Town of Gorham, Maine, in Town Council assembled authorize the Town Manager to sign a General Release of All Claims pursuant to a settlement of a J. P. Noonan Hazmat highway spill that occurred in New Gloucester on July 15, 2004. 7 yeas.
Moved by Councilor Phinney, seconded by Councilor Justice and VOTED to adjourn the meeting at 7:57 pm. 7 yeas.
A TRUE RECORD OF MEETING Attest: ____________________________
Christina Silberman, Town Clerk
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