Town of Gorham
June 18, 2001
AGENDA MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, Chairman DEBORAH F. FOSSUM, Dir. of Planning & Zoning
RICHARD SHIERS NATALIE L. BURNS, Town Attorney
N.A. MARTIN PENELOPE OVERTON, Clerk of the Board
MICHAEL PARKER
SUSAN ROBIE
Members Absent: Staff Absent:
DOUGLAS BOYCE AARON D. SHIELDS, Asst. Planner
CLARK NEILY
The Chairman called the meeting to order at 7:03 PM and introduced the Agenda. The Clerk of the Board called the roll with Mr. Boyce and Mr. Neily absent.
1. APPROVAL OF MINUTES: JUNE 4, 2001
Susan Robie MOVED and N.A. Martin SECONDED to accept the minutes; MOTION CARRIED 4-0-1 (abstained-Shiers, due to being absent June 4, 2001) [7:04 PM]
2. PRELIMINARY SUBDIVISION - "BENJAMIN ESTATES" - off DAY ROAD - MONUMENT PROPERTIES, LLC, JAMES L. NADEAU & BRAD LODGE, PARTNERS
Request for Preliminary approval of a 6-lot subdivision with a private way on 12 acres off Day Road. Zoned Suburban Residential (SR) Map 28/Lot 18.
Mr. Grant stated that the applicants have requested that their item not be heard and requested postponement until the next regular meeting.
Michael Parker MOVED and N.A. Martin SECONDED a motion to postpone this item until the next regular meeting; MOTION CARRIED 5-0. [7:05 PM]
3. DISCUSSION - WIRELESS TELECOMMUNICATIONS ANTENNA - USM/BAILEY HALL - SPRINT PCS/SPRINT SPECTRUM, LP
Request for discussion and acceptance of a wireless telecommunications antenna array on the existing USM radio antenna located on the roof top of "Bailey Hall" at the University of Southern Maine, College Avenue. Zoned Urban Residential District (UR); Map 40/Lot 15
Andrey A. Tsikanovsky and Ram Satyaprasad, P.E. from Bay State Design, Woburn, MA, confirmed the request for a new antenna. Ms. Fossum gave the staff report and stated that a letter from the Maine Historic Preservation Commission will be required due to the abutting historic district and as part of the NEPA report. The two representatives then fielded questions from the Board.
PUBLIC COMMENT PERIOD: None offered.
On questioning by Mr. Martin, the two representatives stated that the project engineer will address any issues the Board may have at a future meeting including an apparent void in coverage close to the site of the antenna. A third representative who had just arrived, Chris Perry, Esq., then continued the question and answer period for the project. He stated that it is their intent to actually shift the antenna 20' to the left which would enable a lower height to be maintained. When asked if the applicant would consider co-location on the two newly approved towers, Mr. Perry stated he was not aware of any other towers and requested further data in order that they may review the [lat/log] data. He continued that this antenna coverage would be approximately 1 to 1 1/2 miles and, without the opportunity of reviewing the
new towers, stated he didn't there would be any overlapping of coverage. It was decided a site walk would be scheduled prior to the next Planning Board review. [7:35 PM]
4. PRE-APPLICATION CONFERENCE / SUBDIVISION - "SEBAGO GATEWAY" - off BARSTOW & WILSON ROADS - JOHN T. HAWKES
Pre-application conference on a proposed a 6 to 7-lot subdivision on 10 acres at the corner of the Barstow Road and Wilson Road. Zoned Suburban Residential (SR); Map 90/Lot 3.003
Thomas S. Greer, P.E., representative for the applicant introduced the project and outstanding issues including the Portland Water District ROW, wet land on site, FEMA flood zone possible amendment, test pits, and retaining the name of the subdivision. Mr. Greer described the site as being occupied with alders and scrubby shrubs. He stated that reduction of frontage to 150' would be requested due to providing public water to the site.
PUBLIC COMMENT PERIOD
Paul Doughty, 65 Barstow Road, requested that given the poor condition of Barstow Road combined with more residents being added, if the speed could adjusted downward accordingly. Ms. Fossum explained that that would be a function of the Maine DOT, not the Planning Board or Town Council.
Joseph Morin, 5 Wilson Road, asked if the construction for public water tore up Wilson Road, is the applicant prepared to rebuild it. Mr. Greer explained that normally water lines would be run in the trench area, which would be put back as originally found.
Mr. Greer went on record objecting to Net Density Calculations, that convention subdivisions don't require it. Ms. Fossum stated that the application should still follow the steps outlined, until the Code is further amended
Mr. Doughty stated his disappointment that a developer is able to circumvent the Code to lower frontage. . It was agreed a site walk would be held prior to the next hearing before the Planning Board. [8:00 PM]
5. FINAL SUBDIVISION w/PRIVATE WAY - "REINHARD II" off GOODALL ROAD - CALVIN & LISA BEAUMIER
Request for Final Plan approval of a 5-lot subdivision on 26.3 acres off Goodall Road. Zoned Suburban Residential/Manufactured Housing & Shoreland District (SR-MH/SZ); Map 87/Lots 16, 16.003 & 16.004.
Timothy O. Brown, P.E., BH2M Engineers, noted that Calvin Beaumier was also present and available for questions. Mr. Brown then introduced the project and stated that all reviewed concerns have been addressed in preparation for final approval, including the stormwater. Ms. Fossum gave the staff report and noted the following: 1) that the Portland Water District has asked that the applicant be required to install booster pumps prior to the issuance of occupancy permits and that this should be added as a Condition of Approval; 2) that the plans need to be revised to indicate the location of the appropriate roadway monumentation, and that this should also be added as a Condition of Approval; and 3) that the Board substitute the language "that no occupancy permits shall be issued for any lot until the road is
completed and approved by the Town Engineer" for the existing Plan Note 24 to be consistent with the performance guarantee requirements under the subdivision ordinance. On questioning from Mr. Beaumier asked for clarification if monumentation means granite or iron rods, it was determined to be iron rods (until such time as the Code may be amended to require otherwise).
Mr. Grant suggested that should the Homeowners [Association] ever request Town acceptance of the private way as a town road, there be a plan note requiring return to the Planning Board for further review and possible connection to the Bear Run loop road for such acceptance to prevent another dead end road. Mr. Martin concurred that Town roads were meant for use by all including facilitating use for public service vehicles, i.e. school buses, emergency vehicles. Mr. Beaumier agreed to all suggested revisions to the Conditions of Approval.
When asked who would own the ROW in this project, Ms. Burns stated the two abutting property owners would owner the underlying fee-interest. However, there is created a right-of-way over that and they could not interfere with that ROW unless extinguished by all of the parties agreeing that it now longer needs to be there.
PUBLIC COMMENT PERIOD:
Newbern "Buddy" Miner, Jr., 19 Bear Run Drive, stated that the Board has already aggravated the abutting residents and that Mr. Grant's suggestion was terrible, without consideration for the residents of Bear Run. He spoke against any connection through Bear Run and their subdivision, siting safety reasons for the children. Mr. Miner didn't believe the ordinance was applicable to this subdivision and can waive ROW. He urged the Board to hear the voices of the people and to remove the ROW from the plan of Reinhard II. Mr. Beaumier reiterated that it is his intention to have a deed restriction on the homeowners [deeds] not to be able to request that Allison Lane become a public road, and that the road is to remain a private way.
Brian Wiacek, 23 Bear Run, stated his agreement with Mr. Miner and asked who would pay for any extension of the ROW to Bear Run.
When asked by Mr. Grant if the lot behind was land-locked. Mr. Beaumier stated that although it wasn't, the railroad refuses access across their land to that parcel. Mr. Martin expressed empathy with the Bear Run residents but Town emergency services must also be considered as being more important. Members Parker, Shiers, Robie and Grant agreed but expressed that the function of the Planning Board to provide for such ROWs.
Ms. Fossum stated that any upgrade required prior to acceptance as a Town public road would be the responsibility of the homeowners association. The Board broke pending completion of drafting of language for the additional Condition of Approval language by the Town Attorney.
Stretch Break 8:40 to 8:50 PM
Ms. Burns read the new Condition of Approval as follows: "That if the owners of Allison Lane should approach the Town in the future with a request for the acceptance of Allison Lane as a public way, those owners shall be required to return to the Planning Board for review of the street and evaluation of whether that street should be connected to Bear Run with such connection to be funded by those owners. The Planning Board shall communicate its determinations on these issues to the Town Council for consideration during the Council's deliberations on acceptance of the street." Mr. Beaumier concurred with the condition as read. And, it was agreed iron rod monumentation was to be used.
Michael Parker MOVED and Richard Shiers SECONDED a motion to grant final approval of the amended Reinhard Farms Subdivision and Private Way extension of Allison Lane with Conditions of Approval as posted prior to the meeting and discussed with the applicant.
Michael Parker MOVED and N.A. Martin SECONDED to amend the [original] motion to insert a new Condition #11 and move [posted] Condition of Approval #11 to Condition #12 with #11 to read as read by the Town Attorney. MOTION TO CARRY 5-0. MOTION CARRIED ON THE ORIGINAL MOTION 5-0. [8:56 PM]
Thomas S. Greer requested that Items 6 and 7 be heard together. The Board agreed.
6. AMENDED SITE PLAN - CRADLES & CRAYONS DAY CARE - 341 OSSIPEE TRAIL - CRADLES & CRAYONS, INC. / SUSAN J. DUCHAINE
Request for amendment to a Site Plan for an existing day care center at 341 Ossipee Trial/Rte 25. Zoned Suburban Residential/Manufactured Housing & Rural/Shoreland District (SR/MH & R/SZ); Map 78/Lot 8.
7. PRELIMINARY & FINAL SUBDIVISION - DUPLEX - off OSSIPEE TRAIL - SUSAN J. DUCHAINE
Request for Preliminary and Final Plan approval of a l-lot subdivision on 120,000 SF near 341 Ossipee Trial/Rte 25. Zoned Suburban Residential/Manufactured Housing & Rural/Shoreland District (SR/MH & R/SZ); Map 78/Lot 3.015.
Thomas S. Greer, P.E., Pinkham & Greer, gave a short overview of the project asking for comments from the Board, and if they were satisfied with Fred Gallants notes concerning the mapping of the wetlands. He stated there was approximately 400' of wetland fill and noted that the lots have now been labeled per the Code Officers request. Ms. Fossum gave the staff report.
Discussion followed on buffering and parking for Cradles & Crayons and the subdivision frontage. Ms. Fossum and Ms. Burns reviewed the applicable sections of the parking ordinance, explaining that the day care center is a commercial use in a residential zone. They noted that Sec 5B requires buffering between the commercial and residential lots, which must be on the commercial site. Ms. Fossum summarized the outstanding items are 1) how will the applicant provide for the required parking on site outside the area of the subdivision; 2) a survey plan showing the proposed changes to the current site conditions, which would include the boundary line (& the parking area). When consulted, Ms. Burns supported the Town's interpretation of the Code.
Mr. Greer summarized by stating that if the Board finds that an easement is not adequate, the outstanding items are 1) how to measurer the lot frontage and 2) buffering for the parking space. He disagreed with the width of the lot and the definition of front yard setback as used by the Code Officer. He believes the question in Cradles and Crayons case should be from the front line of the building, not the front line set back. Ms. Burns stated that whether Mr. Grant and others on the Board may or may not agree, the ultimate decision for zoning determinations would be made by the Code Enforcement Officer. She continued that if the Board disagrees with decisions based on the Code, the Planning Board would be the party to recommend changes.
Mr. Greer stated of the two options available, changing the lot line would be easier for the applicant than providing a new parking lot configuration, going against the Code Officers interpretation. When asked by the Board, Ms. Burns stated that even though the Board may approve a project, the Code Officer might then deny a building permit based on non-compliance with the Ordinance.
The Board also discussed the ‘spaghetti lots’ on site and how they preferred not have a town full of irregular shaped lots. Mr. Greer noted that they were only prohibited under State subdivision law on shoreland zoning, which would also require mapped wetlands.
A poll of the Board indicated that all members disagreed with the interpretation by the Code Enforcement Officer. Ms. Fossum suggested an amendment might be in order. The Board requested review of the original approval conditions for Cradles and Crayons. Mr. Parker requested the needed height of the stilts for the new structure but would not hold up the project based on wetland fill. Other members agreed. Ms. Fossum stated she would also have to review the original plan to see if the parking was built according to the approved plan. Ms. Burns stated that the Code Officer was aware of the shape of the similar abutting duplex lot and would be unlikely to change his interpretation of the Ordinance. Mr. Greer stated he would return with a new plan; but that the Board needs to review the Ordinance and deal
with lot design, lot suitability and subdivision density. The Board agreed to discuss the issues at an Ordinance Subcommittee meeting for a recommendation to Town Council.
N.A. Martin MOVED and Susan Robie SECONDED a motion to postpone the item until the applicant is ready to return [with revised plans]; MOTION CARRIED 5-0. [9:59 PM]
8. ADJOURNMENT
N.A. Martin MOVED and Richard Shiers SECONDED a motion to adjourn. MOTION CARRIED 5-0. [9:59 PM]
Respectfully submitted,
____________________________
Penelope Overton
Clerk of the Board
Date: June 18, 2001
5. FINAL SUBDIVISION w/PRIVATE WAY - "REINHARD II" off GOODALL ROAD - CALVIN & LISA BEAUMIER
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 subdivision and private way;
3. That prior to the commencement of construction or land improvements or the issuance of any building permits within the subdivision, the developer shall pay the fee required by the Recreational Space Ordinance.
4. That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange through the Planning Office a pre-construction meeting with the selected review Engineer, Public Works Director, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
5. That the applicant shall be responsible for contracting with the Portland Water District for maintenance of the fire hydrant within in the subdivision and any costs associated with that maintenance until such time as the Town of Gorham accepts responsibility for the maintenance, if ever.
6. That no new building permits shall be issued for any of the lots within the subdivision prior to the installation of the fire hydrant.
7. That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;
8. That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with Chapter II, Section V, and the approved Private Way Plan;
9. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
10. That the applicant will assure that each home have installed the appropriate water pressure booster pump as requested by the Portland Water District;
11. That if the owners of Allison Lane should approach the Town in the future with a request for the acceptance of Allison Lane as a public way, those owners shall be required to return to the Planning Board for review of the Street and evaluation of whether that street should be connected to Bear Run, with such connection to be funded by those owners. The Planning Board shall communicate its determinations on these issues to the Town Council for consideration during the [Town] Council's deliberations on whether to accept the street.
12. That the conditions of approval, the proposed covenants and deed restrictions, easements and the Final Plan 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 dated copies of the recorded Decision Document, deed restrictions, and the private way maintenance agreements shall be returned to the Town Planner along with copies of the recorded maintenance agreements prior to the issuance of any building permits or commencement of any improvements within the subdivision.
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