Town of Gorham
June 4, 2001
AGENDA MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, Chairman DEBORAH FOSSUM, Dir. of Planning & Zoning
CLARK NEILY, Vice-Chair AARON SHIELDS, Asst. Planner
N.A. MARTIN NATALIE BURNS, Town Attorney [departed at
MICHAEL PARKER PENELOPE OVERTON, Clerk of the Board
SUSAN ROBIE
Members Absent:
DOUGLAS BOYCE
RICHARD SHIERS
Chairman Grant called the meeting to order at 7:05 PM and introduced the Agenda. The Clerk of the Board called the roll with Mr. Boyce and Shiers noted as absent
1. APPROVAL OF MINUTES: MAY 21, 2001.
Clark Neily MOVED and N.A. Martin SECONDED a motion to accept the minutes of the May 21, 2001, Planning Board meeting as printed. MOTION CARRIED 5-0.
N.A. Martin MOVED and Clark Neily SECONDED a motion to take Item 2A off the Consent Agent for discussion; MOTION CARRIED 5-0.
2. CONSENT AGENDA
A. SITE AMENDMENT - AGRICULTURE FACILITY - off COUNTY ROAD - HANS C. HANSEN, INC.
Request for minor amendment to an approved 10,000 sq. ft. agricultural facility at Routes 22 and 114. Zoned Rural/Suburban Residential (R/SR); M3/L22.
Mr. Martin requested clarification of the reason for the amendment. Thomas S. Greer, P.E. introduced Mr. Hansen as also being present and presented the request for amendment to the Board. When Mr. Martin asked if agricultural products will be grown on the premises and marketed on the site, Mr. Greer confirmed that was correct.
Mr. Shields gave the staff report and stating the primary amendment was to combine several lists of uses to one final list of acceptable uses. Mr. Greer clarified that produce grown elsewhere would also be sold in site.
Clark Neily MOVED and Michael Parker SECONDED a motion to approve Item 2A of the Consent Agenda with conditions of approval; MOTION CARRIED 5-0. [7:19 PM]
B. PRIVATE WAY AMENDMENT - "CHADWICK DRIVE" - DIANNE L. NASON
Request for removal of a condition of approval attached to the private way in 1990. Zoned Rural (R); M74/L23.005&23.007.
C. SITE PLAN AMENDMENT-"TODDLE INN CHILD CARE CENTER"-79 LIBBY AVE.-TODDLE INN DAY CARE, INC.
Request to amend the location of a 160 SF utility building at 79 Libby Ave. Zoned Urban Residential (UR); M27/L1.003.
Clark Neily MOVED and Michael Parker SECONDED a motion to approve the balance of the items on the Consent Agenda, Items B and C, with conditions of approval; MOTION CARRIED 5-0. [7:20 PM]
3. STREET ACCEPTANCE REPORT
Balsam Lane - Hemlock Hollow Subdivision, offered by Royal River Dev. Co., Ronald Smith, Jr.
Ms. Fossum explained that Item 3 is not ready for final acceptance and developer concurs with the staff’s recommendation for postponement.
Clark Neily MOVED and N.A. Martin SECONDED a motion for postponement of Item 3 until such times as the applicant is prepared to bring it forward in good order; MOTION CARRIED 5-0. [7:21 PM]
4. WIRELESS TELECOMMUNICATION FACILITY - NATIONAL TOWER, LLC - off McLELLAN ROAD
PUBLIC HEARING
Request for discussion and acceptance of a wireless telecommunication facility application for a proposed 125' monopole tower on 30.4 acres at 61A McLellan Road, on the property of Gorham Country Club, Inc. Zoned Suburban Residential (SR); M6/L45.
Barry Hobbins, Esq., Hobbins & Gardner, Saco, Maine stated he represented the applicant, National Tower and now the co-applicant, ATT Wireless Services licensed in this area as Atlantic Cellular Telephone of DE, LLC. He then presented an in depth report to the Board and closed by stating that the application is complete to include the primary leaser as an applicant, that this was not a spec tower. Ms. Fossum followed with the staff report and noted the deferral of several submission requirements due to the fact that the initial applicant is a tower company, not a service provider.
PUBLIC COMMENT PERIOD
William Hebert of Brackett Road noted his opposition to the project, stating he believe a project of the type belonged in an Industrial zone, not in a residential area.
Mr. Hobbins responded that after an lengthy elimination process, that this was the best site available and the least intrusive with minimal impact. Ms. Fossum described the ordinance steps involved in locating towers and explained the need for a required "fall-down zone". Mr. Neily stated that he agreed with Mr. Hebert, but no matter what he personally thought, towers are allowed under the Code.
When asked by the Board as to which tower might take precedence, the one approved in May or this one, Town Attorney Natalie Burns addressed co-location on towers and the various considerations including the fact that because the Burnham Road location is not an existing tower at this time, it could not be considered as an alternative location.
Michael Parker MOVED and Clark Neily SECONDED A MOTION to defer submission of the following two certifications: (1) that all applicable ANI technical and structural codes are met and (2) that the proposed facility complies with all FCC standards for radio emissions, provided that the applicant or its lessees provide the required documents to the Code Enforcement Officer prior to the issuance of a building permit; MOTION CARRIED 5-0.
Michael Parker MOVED and N.A. Martin SECONDED a motion to grant approval of the joint application of National Tower, LLC and Atlantic Cellular Telephone of Delaware, LLC d/b/o AT&T Wireless requesting approval of a proposed 125' monopole tower on 30.4 acres at 61A McLellan Road, on the property of the Gorham Country Club, with conditions of approval as posted prior to the meeting and discussed with the applicant; MOTION CARRIED 5-0. [8:08 PM]
5. PRELIMINARY SUBDIVISION - "COUNTRY FIELDS" - off WOOD & FINN PARKER ROADS - HOLMAN DEVELOPMENT CORP.
Request for Preliminary Plan approval of a 6-lot subdivision with a private way on 13.86 acres off Wood Road and Finn Parker Road. Zoned Rural (R); M54/L9.004 & 9.005.
Lester S. Berry, P.E., BH2M, introduced the applicant Craig Holman as also being available for questions and then presented the project to the Board, requesting input on the outstanding issues being 1) comments by the Code Officer as to a lot not being legal; 2) soils and missing test pits on 2 lots still to be completed; 3) sprinkling of the houses for fire protection instead of the original fire pond request, 4) Board direction regarding paving of a private way to serve 5 lots which appears not to be addressed under Code, suggesting that the road be built to a standard capable of handling to 25 MPH, and 5) access to abutters over a private way to land which appears to already have access on Finn Parker Road.
Mr. Shields reviewed the history of the project soils with the Board, described instances where the Board has previously asked for two test pits per lot, and stated that the land with poorer soils had been sold off following the Legere's original unsuccessful request for subdivision in 1992/1993.
Ms. Fossum reviewed the Private Way Table requirements in the code stating that the question is whether the private way should be built to the same standards as private ways serving more than 6 lots. She explained that due to vehicles being able to move at the faster rate of speed, a paved road needs to be built to a higher standard for safety purposes and to hold up under conditions caused by the higher speeds. The Private Way Table indicates a paving standard equal to the "K Factor" for the 25 MPH as suggested by Mr. Berry. Ms. Fossum explained the definition of private ways under the code. Mr. Shields concurred that "K factors" decrease and are not required under current Code for unpaved gravel roads due to a lower travel speed, which lowers the safety-risk factor.
Discussion ensued with Board members supporting property owner's rights. They primarily dismissed the safety factor issue for a paved way, that owners should be able to provide the unrequired paving without being held to any other higher standard than for a gravel way. The Planners reiterated that paving to gravel road standards would not hold up under higher travel speed and would add to the homeowner expense for maintenance of the private way. Ms. Fossum noted that should the road be paved to less than Code standards, the Town would never be obligated to accept it as a public road even though the road may be paved and could lead to misunderstandings for future home owners in the subdivision.
Mr. Neily inquired if culverts would be required for run-off to an otherwise very wet area. The Board generally preferred to wait until after the site walk before any further requirements be imposed on the applicant including the two test pits per lot. Mr. Berry stated that he could add more test pits at the same time the missing ones were done for the two lots not originally completed. Mr. Martin preferred not to have a ROW requirement over a private way to abutting property. The Board had no issues with changing from a fire pond to individually sprinkled houses, provided the Fire Chief approves. [8:40 PM]
6. PRELIMINARY - DUPLEX - off OSSIPEE TRAIL - SUSAN J. DUCHAINE
Request for Preliminary Plan approval of a 1-lot subdivision of 120,000 SF off Ossipee Trail/Rte 25. Zoned Suburban Residential/Manufactured Housing & Rural/Shoreland District (SR/MH & R/SZ); M78/L3.015.
Thomas S. Greer, P.E., Pinkham and Greer, represented the applicant and provided an overview of the requested project. Mr. Greer confirmed a request for multiple waivers for: 1) high intensity soils mapping, noting that test pit data in design of the septic system has already been provided; 2) a topographic survey, noting a plan will be submitted depicting spot grades; and 3) a drainage study analysis. He also noted that he will be providing an amended site plan for Cradles and Crayons and that there will be minor wetlands filling in order to complete the driveway.
Mr. Neily asked if this project was the same as the one now under construction on Ossipee Trail in what appears to be in a very wet area. Mr. Greer indicated that it was not and that although there are wetlands, the parcel is mostly flat, draining toward Branch Brook. Mr. Greer noted that the driveway for this project will be next to the existing Cradles and Crayons driveway, and that construction will be slab on grade due to the flatness of the site.
Discussion followed on retention of the existing landscaped buffer on the abutting Cradles and Crayons lot. The Board supported maintenance of the existing landscaping. Ms. Fossum provided additional history for the surrounding property. She stated that the Board could request a grading plan or that the applicant to show the area of the lot that will be graded and the location of the proposed structure.
Mr. Greer stated that he thinks the Code Enforcement Officer is wrong in his definition of frontage required. The Board agreed not to grant any waivers and preliminary approval prior to a site walk. The Board informed Mr. Greer that it was under no obligation to grant preliminary and final in one meeting, but would weigh that consideration pending a visit to the site. [8:59 PM]
7. ZONING TEXT AMENDMENT
Discussion of a proposed amendment for the allowance of in-law apartments.
The Chairman suggested adjourning and hearing Item 7 in a workshop following the meeting.
N.A. Martin MOVED and Michael Parker SECONDED a motion to waived the rules and not hear this [Item #7] until after adjournment; MOTION CARRIED 5-0
8. ADJOURNMENT
N.A. Martin MOVED and Clark Neily SECONDED a motion to adjourn. MOTION CARRIED 5-0. [9:00 PM]
Respectfully submitted,
_____________________________
Penelope Overton
Clerk of the Board
Date: June 4, 2001
1. CONSENT AGENDA
A. SITE AMENDMENT - AGRICULTURE FACILITY - off COUNTY ROAD - HANS C. HANSEN, INC.
APPROVED
CONDITIONS OF APPROVAL:
1. That this approval is limited to specific amendments proposed and is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve; and
2. All other applicable conditions of approval attached to the original site plan approval shall remain fully in effect
3. That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the commencement of any earth-moving activities or site improvements.
1. CONSENT AGENDA
C. PRIVATE WAY AMENDMENT - "CHADWICK DRIVE" - DIANNE L. NASON
APPROVED
CONDITIONS OF APPROVAL:
1. That this approval is limited to the specific amendments proposed and is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve;
2. All other applicable conditions of approval attached to the original private way plan approval shall remain fully in effect, and
3. That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner.
1. CONSENT AGENDA
C. SITE PLAN AMENDMENT-"TODDLE INN CHILD CARE CENTER"-79 LIBBY AVE.-TODDLE INN DAY CARE, INC.
APPROVED
CONDITIONS OF APPROVAL:
1. That this approval is limited to specific amendments proposed and is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve; and
2. All other applicable conditions of approval attached to the original site plan approval shall remain fully in effect
3. That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the commencement of any earth-moving activities or site improvements.
4. WIRELESS TELECOMMUNICATION FACILITY - NATIONAL TOWER, LLC - off McLELLAN ROAD
APPROVED
CONDITIONS OF APPROVAL:
1. That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;
2. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project prior to commencement of any site improvements;
3. That the gate for the project shall have a lock box installed with a key to the gate and buildings to allow access to the property for emergency personnel; that any guide wires and anchors used in the construction should be marked and protected at ground level to avoid someone on a snow machine or other off road vehicle from hitting them and that the Town shall be allowed to place radio communications equipment on the tower in the future at no cost if the need arises;
4. That all construction and site alterations shall be done in accordance with the “Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices,” Cumberland County Soil and Water Conservation District, Department of Environmental Protection, dated March, 1991;
5. That the applicant shall provide property line information, including the easement areas, and site information in auto-cad format to the Town Tax Assessor prior to application for a building permit;
6. That all site improvements shall be completed as shown on the approved plans prior to any request for an occupancy permit or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department;
7. That the owner of the wireless telecommunications facility and his or her successors and assigns agree:
§ To respond in a timely, comprehensive manner to a request for information from a potential co-location applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response;
§ To negotiate in good faith for shared use of the wireless telecommunications facility by third parties;
§ To allow shared use of the wireless telecommunications facility if an applicant agrees in writing to pay reasonable charges for co-location; and
§ To require no more than a reasonable charge for shared use of the wireless telecommunications facility, based on community rates and generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the life span of
the useful life of the wireless telecommunications facility;
8. That prior to issuance of a building permit for the tower, the applicant shall provide to the Town evidence of a binding agreement with a telecommunications service provider committed to locating on the tower;
9. That the applicant shall provide the following items to the Code Enforcement Officer prior to or along with the submittal of its application for a building permit.
A copy of the FCC registration for the tower and a copy of the FCC license for each tenant prior to the tenant's actual placement of equipment on the tower or within the compound
§ A site plan prepared and certified by a professional engineer registered in Maine indicating location, type, and height of the proposed facility, antenna capacity, on-site and abutting off-site land uses, means of access, setbacks from property lines, and all applicable American National Standards Institute (ANSI) technical and structural codes; and
§ Certification by the applicant that the proposed facility complies with all FCC standards for radio emissions is required.
10. That upon request, the applicant shall certify continued compliance with all applicable FCC radio frequency emissions regulations, and
11. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the issuance of any building permits or the commencement of any improvements on the site.
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