Town of Gorham
July 9, 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 AARON D. SHIELDS, Asst. Town Planner
N.A. MARTIN PENELOPE OVERTON, Clerk of the Board
MICHAEL PARKER
SUSAN ROBIE
DOUGLAS BOYCE
CLARK NEILY
The Chairman called the meeting to order at 6:58 PM and introduced the Agenda. The Clerk of the Board called the roll with all members present.
1. APPROVAL OF MINUTES: JUNE 18, 2001
Douglas Boyce MOVED and Richard Shiers SECONDED to accept the minutes; MOTION CARRIED 5-0-2 (abstained-Boyce and Neily, due to being absent June 18, 2001) [7:04 PM]
2. SITE PLAN - "TOWERS FIELD STADIUM FACILITY" - COLLEGE AVENUE / SCHOOL STREET - UNIVERSITY OF MAINE SYSTEM/UNIVERSITY OF SOUTHERN MAINE / GORHAM CAMPUS
PUBLIC HEARING
Request for approval of a site plan for improvements to the "Towers Field" (baseball) facility on the Gorham campus of the University of Southern Maine including the construction of stadium seating for 460 spectators. Zoned Urban Residential (UR) Map 40/Lot 18 (Part of M40/L13, 14, 15, 16, 17 &18; M41/L35 & 36; M101/L6 & 7; M102/L1, 2, 3 & 75)
Joseph Laverriere, P.E., DeLuca-Hoffman Assoc., representative for the applicant, provided an overview of the complex, including the regrading of the outfield, resetting of the outfield fence, surface drainage improvements to the right and left fields, and the dugout, lighting, foul zone, and the press box seating. Aaron Shields reviewed the items for discussion as provided in the staff memo to the Board, noting that the project was in good order at this point with only minor adjustments outstanding and that the reviewing engineer has yet to comment. When he asked how the additional 460 seats would impact traffic, Mr. Laverriere explained that the prior traffic studies were completed for peak periods for the winter months of February and March for inside basketball and hockey events. For this project, the applicant
foresees possible tournament summer games, when the main student body is on summer vacation. Mr. Shields stated that all information has now been received and only the photometric and lighting plans need final outside engineering review and that the project can be approved for all but the stadium lighting. Mr. Laverrier then reviewed the lighting plan as outlined by Hubble Lighting. He stated that the infield is typically brighter than the outfield section and requires a tall fixture in order to accomplish the required foot-candles. He noted that the rear abutters are lower than the playing field and that the applicant wishes to retain most of the natural buffering. Should additional culverts be requested, more buffering may have to be removed. Mr. Laverrier stated that although applicant was in agreement to add a drainage swale if the Board so desired, he did not believe it necessary and would eliminate natural buffering. An alternative would be to bring in the corner fence
in the outfield in order to prevent the further removal of trees.
PUBLIC HEARING PERIOD - None offered.
Further discussion ensued on the applicant's request for two waivers, outfield drainage, and illumination of the field with the Board agreeing that any decision on lighting should withheld pending review by a lighting engineering.
Douglas Boyce MOVED and Richard Shiers SECONDED a motion to grant two waivers, one for the waiver of deed submission requirements and the other one for high intensity soil mapping; MOTION CARRIED 7-0.
Clark Neily MOVED and Michael Parker SECONDED a motion to grant the University of Maine System's request for approval of proposed improvements to the "Towers Field" (baseball) facility on the Gorham campus of the University of Southern Maine, including the construction of stadium seating for 460 spectators, a new press box, and dugouts [excluding stadium lighting], with conditions of approval as posted prior to the meeting and discussed with the applicant at the meeting.
DISCUSSION: The Board and Representative agreed that 1) the motion did not include approval of the stadium lighting, and that 2) the lighting plans will be subject to a separate approval pending completion of a peer review by a lighting engineer, which must be brought back and discussed before the Board as a separate item at some future point in time.
MOTION CARRIED 7-0 [8:01 PM]
Planning Director Fossum suggested that items 3 and 4 are related and should be heard together, as one project depends on the other. The Board concurred.
3. SITE PLAN - INDUSTRIAL FACILITY - off SANFORD DRIVE, GORHAM INDUSTRIAL PARK - NORTH AMERICAN SERVICES GROUP
PUBLIC HEARING
Request for approval of a site plan for a 12,000 SF office and warehouse facility to be located on 2.5 acres on Sanford Drive in the Gorham Industrial Park. Zoned Industrial (I); Map 12/Lots 33.005 (Gorham Industrial Park Lot H5)
4. SUBDIVISION AMENDMENT - "GORHAM INDUSTRIAL PARK" LOT #5 - SANFORD DRIVE - PHILIP H. & ROBERT J. GRONDIN
Request for approval of an amended subdivision plan creating one additional lot in the Gorham Industrial Park. Zoned Industrial (I) M12/L33.005 (G.I.P. Lot 5).
Danielle Betts, P.E., Sebago Technics, Inc., represented the applicant and summarized the project request noting that the Portland Water District has reviewed the application with no significant comments but that she has yet to respond to the consulting engineering comments received today including storm water discharge. Ms. Betts saw no issues or problems with the engineer's comments as being easily resolved with additional information to be provided the engineer.
Aaron Shields reviewed items for discussion in the staff memo to the Board, concurring with Ms. Betts comments regarding the consulting engineers review.
When asked by Mr. Grant, Mr. Shields explained that this project does not trigger the requirement for a new traffic study of the Industrial Park under the 1988 DEP site Location Order.
Upon further questioning by Mr. Neily, Ms. Betts stated it is the responsibility of the parcel that triggers the study to be conducted. She confirmed that the DEP no longer requires it and that DOT has issued a letter indicating that it will look at each lot individually and review the peak trips, not utilizing the 310,000 SF thresh hold that the site order imposes. Mr. Shield confirmed again that this project was exempt.
PUBLIC HEARING PERIOD OPENED
Thomas Ellsworth, Pres., Gorham Economic Development Corp., stated that he has spoken with Engineer [Owens] McCullough and that the Grondins [the owners/developers of the Industrial Park] will be making application to amend the subdivision plan to eliminate the 310,000 SF requirement for a new traffic study. The letter from DEP will accompany the next application.
PUBLIC HEARING PERIOD ENDED
Douglas Boyce MOVED and Richard Shiers SECONDED a motion to grant approval of the Sixth Amended Gorham Industrial Park Subdivision Plan to allow Grondin Properties, LLC to create one additional lot as part of this amended plan; MOTION CARRIED 7-0.
Clark Neily MOVED and Michael Parker SECONDED a motion to grant NorthAmerican Services Group's request for approval of a site plan for a 12,000 SF office and warehouse facility to be located on 2.5 acres on Sanford Drive in the Gorham Industrial Park with conditions of approval as posted prior to the meeting and discussed with the applicant; MOTION CARRIED 7-0. [8:22 PM]
Stretch Break 8:22 to 8:43 PM
5. 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.
James Nadeau, Partner, introduced the project, providing data regarding historical flooding of the area. Mr. Shields completed the additional details for the project. He noted that there is an existing dug well on Lot No. 1 which supplies water to the abutting parcel known as the "Butterfield Lot" and that Lot 1 is now under option to the current owner of that abutting parcel for buffering. Mr. Nadeau stated that, as the applicant, he is willing to place a contingency on the plan that if Lot 1 were ever developed, a drilled well would be required, with the dug well extinguished. Mr. Shields concurred that a plan note would eliminate any nitrate problems or setback issues.
Discussion followed on setbacks, building windows, and a correction to the plan denoting the name of the extension being Coopers Way, not Harts Way. The Assistant Planner noted that the determination of the Flood Plain Zone still remains. Board Member Richard Shiers noted that the septic for Lot 6 could be in the flood plain. The applicant responded that only test pits "D" and 6 should now remain on the lot and that he would revise the plan accordingly, removing pits 7, 8 & 9 (in the flood zone).
Board Member Clark Neily noted his concern of regular flooding of the road and requested to see a copy of the right, title or interest for sale of Lot 1 to the abutter. It was agreed that the Town Attorney should be consulted regarding the placement of a plan condition for the dug well on Lot 1 for future lots owners.
PUBLIC COMMENT PERIOD - None offered.
Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant Monument Properties LLC request for a preliminary approval of a 6-lot subdivision and private way off Day Road; MOTION CARRIED 7-0. [9:05 PM]
6. PRIVATE WAY AMENDMENT - "RANGLEY WAY" - off NEW PORTLAND ROAD - LAURENCE J. & LINDA H. KEEF
Request for approval of an amended private way plan for a 1,125-foot private way serving 4 lots located off New Portland Road. (This plan amends a previously approved private way serving 3 lots.) Zoned Suburban Residential (SR); M29/L4.002
Timothy Brown, P.E., BH2M, introduced himself and the applicant, Larry Keef, and confirmed the request for amendment. Mr. Shields reviewed items for discussion in the staff memo to the Board, including the entrance detail and the revision of two conditions of approval, #3 & 4. Board Member N.A. Martin questioned the impacts on the well in the right-of-way and Mr. Brown indicated there is a well easement. Mr. Keef did not have the current agreement with Mr. Worrell regarding the well easement with him and indicated that because Mr. Worrell takes his frontage from the private way, he would be included in the maintenance agreement.
Further discussion ensued regarding the various maintenance agreements of the private way since its approval in 1993. Mr. Brown stated that a new maintenance agreement was being drafted to include all residents on the road, without Mr. Stone being solely responsible for all maintenance including plowing, etc.
The staff recommended that the Board postpone action on the item until the applicant has submitted the revised private way maintenance agreement and the well easement documents for review.
Clark Neily MOVED and N.A. Martin SECONDED a motion to postponed until such times as the applicant returns with a completed application and requested items; MOTION CARRIED 7-0. [9:28 PM]
7. SUBDIVISION AMENDMENT - DEERING ROAD DIVISION - GREATER GRACE BIBLE CHURCH -off DEERING ROAD
Request for approval of an amended subdivision plan for the sale of land to an abutter, located off Deering & County Roads. Zone Rural (R) Map 14/Lot 6.001.
Thomas Greer, P.E., Pinkham and Greer, represented the applicant and reviewed the request for the amended subdivision. Mr. Shields gave the staff report and explained that because this land is being transferred to an adjoining abutter, it would not be considered additional lot. Mr. Shields noted that an additional Condition of Approval {#3} should now be added to require return for Planning Board approval and subject to rural land calculation should the parcel be further subdivided.
PUBLIC COMMENT PERIOD OPENED
Clifford Wilcox, Deering Road, stated he had not objections as long as the applicant was required to return for approval should it wish to further subdivide and that he was duly notified as an abutter.
PUBLIC COMMENT PERIOD ENDED
Clark Neily MOVED and Susan Robie SECONDED a motion to grant approval of the amended Deering Lot Subdivision Plan, subject to the Conditions of Approval as discussed with the applicant and posted prior to the meeting.
DISCUSSION: It was requested and agreed that the applicant place CONDITIONS OF APPROVAL #3 on the Plan as a Note as well. MOTION CARRIED 7-0. [9:40 PM]
8. PRELIMINARY SUBDIVISION - "STONEFIELD" off HUSTON ROAD AND - GILBERT HOMES, INC., DONALD GILBERT
Request for preliminary approval of a 14-lot subdivision on 31.89 acres off Huston Road. Rural-Shoreland Overlay District (R-SZ) Map 50/Lot 6.
William Thompson, BH2M, represented the applicant and reviewed the request for subdivision development. Aaron Shields gave the staff report and noted that it is the staff's understanding that the applicant has no immediate plans for development of his adjoining [27-acre] parcel. He also noted that it is the professional opinion of the hydrogeologist, Sevee & Maher, that the proposed septic locations will not create any issues "unless the locations are moved or some of their assumptions, measurements or the data used in the analysis are changed."
PUBLIC COMMENT PERIOD OPENED
Susan Thompson, Harding Bridge Road, asked the location of the pipeline on the Huston Road and on being told, stated that she initially was concerned where the entrance would be located but is now satisfied.
PUBLIC COMMENT PERIOD ENDED
Mr. Grant believed sidewalks in remote areas such a this were undesirable and stated that he would not support due to 1) the project being so far removed from the village center and 2) the winter maintenance cost. Mr. Neily believed Mr. Gilbert's adjoining parcel should be included in the total picture for future safety considerations. A poll indicated that the balance of the Board concurred with the Chairman's thoughts given the location and the requirements of the code as outlined by the Planning Director. Mr. Shields noted that another developer in the immediate location did not wish to adjoin other subdivisions, maintaining a more private neighborhood. When Mr. Thompson stated it was the applicant's wish to remit a recreational fee in lieu of providing a recreational area, Mr. Parker suggested
maintenance of an established neighborhood greenway instead. Mr. Thompson stated he would take the suggestion under consideration.
Mr. Thompson noted that the applicant was willing to add a condition of approval at the time of final plan approval as noted in the Sevee & Maher nitrate study to require reevaluation of any relocation of a septic system and that the septic system designs are for 4-bedroom homes. He also noted that the relocation of the entrance and speed limit sign will now provide sight distance of 650'.
Richard Shiers MOVED and Douglas Boyce SECONDED a motion to grant Gilbert Home's Inc. request for a preliminary approval of the 14-lot Stonefield Subdivision on 31.89 acres off Huston Road; MOTION CARRIED 7-0. [10:11 PM]
WAIVER
Douglas Boyce MOVED and N.A. Martin SECONDED a motion to waive the "10 O'clock Rule" to hear to last item on the agenda; MOTION CARRIED 7-0. [10:12 PM]
9. SUBDIVISION AMENDMENT - "MAYBERRY FIELDS ESTATES" / "SYDNEY'S WAY" - off GRAY ROAD - SUNDANCE PROPERTIES, LLC, ROBERT COLE
Request for approval of an amended subdivision plan for a 6-lot subdivision on 23.1 acres off Gray Road/Route 202. Zoned Urban Residential/Manufactured Housing (U/MH) Map 52, Lot 4).
Shawn Frank, P.E., Sebago Technics, Inc., introduced the applicant, who was also present and available to answer questions. Mr. Frank presented the amendment to change the previously approved 50’ access easement at the terminus of the private way, which is owned by the applicant within Lot # 4, and to convey it as a right of way to the abutting property owner providing access to the adjacent land. This amendment will then allow the applicant to convey Lot # 4 and retain access to the remaining land owned by his son. When Mr. Parker asked how the steep bank next to the road was holding up to erosion (noting the condition of the Little River after a down pour), Mr. Frank stated that the applicant will be stabilizing the area with grass in the near future.
Douglas Boyce MOVED and N.A. Martin SECONDED a motion to recommend approval of the Amended Subdivision Plan of Mayberry Field Estates and Private Way with the conditions of approval as recommended by staff and posted prior to the meeting; MOTION CARRIED 7-0 [10:15 PM]
10. PRE-APPLICATION CONFERENCE SITE PLAN - INDUSTRIAL FACILITY - off SANFORD DRIVE, GORHAM INDUSTRIAL PARK - HAMPSTEAD ASSOC., LLC
Request for a pre-application conference for a proposed 40,000 SF commercial/industrial building to be located on 3.62 acres on Sanford Drive in the Gorham Industrial Park. Zoned Industrial (I); Map 12/Lots 33.004 & .006 (Gorham Industrial Park Lot H-4.3).
Withdrawn and not heard as requested by the applicant.
11. ADJOURNMENT
Douglas Boyce MOVED and N.A. Martin SECONDED a motion to adjourn. MOTION CARRIED 7-0. [10:16 PM]
Respectfully submitted,
____________________________
Penelope Overton
Clerk of the Board
Date: July 9, 2001
SITE PLAN - "TOWERS FIELD STADIUM FACILITY" - COLLEGE AVENUE / SCHOOL STREET - UNIVERSITY OF MAINE SYSTEM/UNIVERSITY OF SOUTHERN MAINE / GORHAM CAMPUS
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;
3. That all buildings and structures shall meet all applicable sections of the 101 Life Safety Code;
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 and site information in auto-cad format to the Town Planner;
6. That the site improvements shall be completed as shown on the approved plans prior to request for either temporary or final occupancy permits for the building; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department; and
7. That the applicant revise the site plans per the comments made by Review Engineer in his letter dated July 2, 2001 and resubmit them for final review and approval by the Engineer, prior to endorsement of the plan by the Planning Board;
8. 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 commencement of any improvements on the site.
3. SITE PLAN - INDUSTRIAL FACILITY - off SANFORD DRIVE, GORHAM INDUSTRIAL PARK - NORTH AMERICAN SERVICES GROUP
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;
3. That all buildings and structures shall meet all applicable sections of the 101 Life Safety Code;
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 and site information in auto-cad format to the Town Planner;
6. That the site improvements shall be completed as shown on the approved plans prior to request for either temporary or final occupancy permits for the building; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department; and
7. That the applicant revise the site plan to meet the satisfaction of the towns review engineer and submit revised plan Mylar for signatures of the Planning Board;
8. That the applicant receive a project modification to the Storm water Management Plan from the Maine Department of Environmental Protection to amend the original Site Location Permit prior to any site alterations. This permit must be submitted to the Planning Staff and Code Enforcement Office as part of this condition.
9. 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 commencement of any improvements on the site.
7. SUBDIVISION AMENDMENT - DEERING ROAD DIVISION - GREATER GRACE BIBLE CHURCH -off DEERING 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 all previous conditions of approval attached to the Deering Lot Subdivision shall remain in effect;
3. That any future division of land or out conveyance within the subdivision would be subject to the required Rural Land Management Calculation requirements and must be approved by the Planning Board;
4. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor; and
5. That the amended subdivision plan and related Decision Document shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan and a copy of the recorded Decision Document shall be returned to the Town Planning Office.
9. SUBDIVISION AMENDMENT - "MAYBERRY FIELDS ESTATES" / "SYDNEY'S WAY" - off GRAY ROAD - SUNDANCE PROPERTIES, LLC, ROBERT COLE
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 all previous conditions of approval attached to the Mayberry Fields Estates Subdivision and Private Way shall remain in effect;
3. That the applicant shall provide property line information and site information in auto-cad format, utilizing State Plane NAD 83, Zone 4101 feet to the Town Planner; and
4. That the amended subdivision plan and related Decision Document shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan and a copy of the recorded Decision Document shall be returned to the Town Planning Office.
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