Town of Gorham
November 5, 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
CLARK NEILY, Vice Chair. AARON D. SHIELDS, Planning Assistant
DOUGLAS BOYCE PENELOPE E. OVERTON, Clerk of the Board
N. A. MARTIN
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
The Chairman called the meeting to order at 7:00 PM and introduced the Agenda. The Clerk of the Board called the roll with all members present.
1. APPROVAL OF MINUTES: SEPTEMBER 17, 2001, and OCTOBER 1, 2001
Clark Neily MOVED and Susan Robie SECONDED a motion to accept the minutes of September 17, 2001. MOTION CARRIED 6-0-1 (Grant abstained).
Michael Parker MOVED and Susan Robie SECONDED a motion to accept the minutes of October 1, 2001. MOTION CARRIED 4-0-3 (Grant, Boyce, and Neily abstained). [7:04 PM]
2. STREET ACCEPTANCE REPORTS
A. “GATEWAY COMMONS DRIVE PHASE I”, PORTAL WAY, CLEAR VIEW DRIVE & TIMBER RIDGE DRIVE in GATEWAY COMMONS SUBDIVISION offered by KASPRZAK LANDBANK, INC.
Ms. Fossum gave the staff report and stated that road inspections have been conducted by former Town Engineer Bill Taylor and Peter Tubbs of SYTDesign. After general discussion regarding road classification, i.e. urban sub-collectors, in effect at the time of the original subdivision approval, the Board agreed that the road had been built as approved based on the new standards in development at that time. Mr. VanWyck, V.P., Kasprzak Landbank, Inc. also noted that they were required to follow and adhere to the new standards.
PUBLIC COMMENT PERIOD: Brandon Kirby, Timber Ridge Road, stated that the correct street reference was Road, not Drive, as advertised on the Agenda.
Michael Parker MOVED and Clark Neily SECONDED a motion to recommend that Gateway Commons Drive (Phase I), Portal Way, Clear View Drive and &Tiber Ridge Road in Gateway Commons Subdivision be accepted by the Town as public ways subject to receipt of the following items prior to acceptance by the Town Council.
1. A revised deed description,
2. Executed road and drainage easement deeds,
3. A signed Transfer Tax form, and
4. Revised Letter of Credit
MOTION CARRIED 7-0. [7:26 PM]
B. “SANFORD DRIVE” in GORHAM INDUSTRIAL PARK SUBDIVISION offered by GRONDIN AGGREGATES, LLC.
Ms. Fossum gave the staff report and stated that the quick claim deed being provided has been reviewed and approved by the Town Attorney. Mr. Neily requested that the amount of $5,000 be added to Condition #4 for the maintenance bond. Being no further issues, the Board moved the motion.
Clark Neily MOVED and Douglas Boyce SECONDED a motion that the Planning Board recommend that Sanford Drive in the Gorham Industrial Park be accepted by the Town as a public way subject to receipt of the following items prior to acceptance by the Town Council:
1. An executed deed prior to the Town Council meeting,
2. A signed transfer tax form,
3. Three sets of road survey plans that correspond to the written deed and can be reviewed by an independent surveyor,
4. Establishment of a one-year $5,000.00 maintenance bond, and
5. Establishment of the $23,692.50 road improvement account.
MOTION CARRIED 7-0. [7:33 PM]
3. SIGN APPEAL – “TNT QUICKSTOP” –601 MAIN STREET – TNT QUICKSTOP, LLC/ TODD FLANNERY, PARTNER
Request for a new sign increase, 36 SF in size, for TNT QuickStop located at 601 Main Street. Zoned RC; M32/Lot 14.
Todd Flannery, owner/applicant confirmed the request for a second sign for a time/temperature sign and reader board, which would be shorter and wider than the existing sign. Aaron D. Shields gave the staff report. After discussion regarding the increased size in comparison to other signage in the immediate area, and the number of signs and businesses on this location, the Board agreed that a site visit would be preferred prior to any motion. Staff agreed to survey the size of other nearby signs in time for a site walk.
CLARK NEILY moved and MICHAEL PARKER seconded a motion to postponed to the next meeting of the Planning Board to provide the opportunity to review it on site; MOTION CARRIED 5-2 (Martin and Grant against). [8:06 PM]
4. MINOR SUBDIVISION / PRIVATE WAY AMENDMENT – “BENJAMIN ESTATES” off DAY ROAD - MONUMENT PROPERTIES, LLC/JAMES NADEAU & BRAD LODGE, PARTNERS
Request for a minor amendment to add a Flood Plain Zoning Note and revised private way. Zoned SR; Map 28/Lot 8.
Ms. Fossum gave the staff report noting the amendment to add a Flood Plain Zoning Note of the subdivision plan. She stated that the request for a reduction in the number of culverts from 4 to 2 was a minor field change, discussed with and reviewed by the inspecting engineering, Lester Berry, BH2M, which requires Planning Board approval. After general discussion and no further issues, the Board moved the motion.
PUBLIC COMMENT PERIOD: None offered.
MICHAEL PARKER moved and N.A. MARTIN, III seconded a motion to grant approval of the request by Monument Properties, LLC, for a minor amendment to the approved subdivision plan of Benjamin Estates off Day Road to add Plan Note 31 for a minor amendment to the approved construction plans for Cooper’s Way, subject to the proposed Conditions of Approval, as discussed with the applicant. DISCUSSION: None. MOTION CARRIED 7-0. See attached Conditions of Approval [8:13 PM] S
Stretch Break 8:13 to 8:24 PM
5. SPECIAL EXCEPTION/MINOR SITE PLAN – “PFC PRESCHOOL & CHILDCARE CENTER” – 8 ELKINS ROAD – PORTLAND FAITH CENTER
Request for approval of a preschool for up to 65 children at the Portland Faith Center (formerly Gorham Christian Assembly) 8 Elkins Road. Zoned SR; Map 27/Lot 15.003.
J. “Gordie” Johnson, Associate Pastor, Portland Faith Center, confirmed his request for special exception and minor site plan approval. Aaron Shields gave the staff report noting the following changes to the plan Mylar in response to the recent site walk: the location of the shed, the type and height of the fencing surrounding the children’s outdoor play area, and the addition of vegetated materials to provide sound proofing and visual screening for the play area. Mr. Shields also reviewed revisions to the Conditions of Approval in accordance with findings by soils scientist Al Frick relating to the State of Maine sub-surface waste disposal rules. Mr. Johnson greed to reduce the number requested from 65 children and 8 adults to a final total count of 55 in order to stay within the allowable
gallons per day of 825.
PUBLIC COMMENT PERIOD: None offered.
After clarifying discussion on staff comments for Condition changes, the Board moved the motion.
Michael Parker MOVED and Susan Robie SECONDED a motion to grant approval of the proposed Special Exception Use for a day care center located at 8 Elkins Road based on the Board’s finding that the applicant has met all six of the Special Exception criteria. (No further discussion.)
MOTION CARRIED 7-0.
Mr. Shields read the revised Conditions of Approval into the record as follows:
Condition #2: “The maximum number of children and staff members permitted under the Site Plan approval is 55. Any increase in the number of staff and children beyond 55 will require an amendment to the Site Plan in accordance with the currently effective Land Use and Development Code, Town of Gorham, to determine parking capacity, septic system capacity, and other applicable criteria.”
Condition #6 was revised to read as follows: “That the applicant will provide a visual and sound buffer, the details of which will be worked out with Planning Staff, and a note added to the Mylar describing the details.”
Michael Parker MOVED and Susan Robie SECONDED a motion to grant request for Minor Site Plan approval for a day care center located at 8 Elkins Road with Conditions of Approval as amended and discussed with the applicant. MOTION CARRIED 7-0. See attached Conditions of Approval [8:51 PM]
6. PRELIMINARY SUBDIVISION PLAN – “SEBAGO GATEWAY” – off BARSTOW & WILSON ROADS – JOHN T. HAWKES
Request for preliminary approval of a 6-lot subdivision on 10 acres at the intersection of Barstow and Wilson Roads. Zoned SR; Map 90/Lot 3.003.
Stephen Sterns, P.E., Pinkham and Greer, represented applicant, stating that staff comments have been addressed with the exception of the wording of a plan note regarding construction within the FEMA flood plain, and completion of a written narrative for the determination of flood plain in accordance with the 100 year FEMA flood plain. He stated that although the bonus lot #6 will have a drilled well, a nitrate analyst would not be necessary due to Lots 1-5 along Barstow Road being on public water. Mr. Sterns then reviewed the density calculations with the Board after Mr. Shields provided the staff report. Mr. Shields noted that 1) the applicant has requested a plan note that would allow 2-family dwellings be allowed on Lots 5 & 6 with possible future subdivision with Planning Board approval, and 2)
questioned whether the parcel not having public water extended to it, should be allowed to be included in the Net Residential Density Calculations in order to determine the number of units the parcel is allowed to have as well as used to determine the number of bonus lots that it gets for providing public water. Mr. Shields stated he was comfortable with a 6-lot subdivision, but the standard plan note would be required that Lots 4, 5 and 6 would have to be built one foot above flood plain level.
PUBLIC COMMENT PERIOD: None offered.
Board discussion ensued regarding the Net Residential Density calculations and the flood plain elevations with a majority of the Board feeling that a bonus lot without public water was not warranted. Mr. Shiers suggested folding the remainder of the land back into the subdivision. He stated that net residential density calculations for smaller lots having public water should not permitted bonus lots without public service. Mr. Shields confirmed that the 4.23 acres were used in the calculations to determine total units before the density bonus. Mr. Sterns stated he would defer to the project engineer Mr. Greer; but did state, that basically, the net acreage includes all the property on the parcel without being defined by lots. Mr. Shields stated that (the bonus) is assuming that entire development is being served by public
water, stating that if the subdivision is kept at the current size, several lots will be lost, but not if cut back to 60,000 SF. He suggest that if the applicant gave the land to lots 1,2,3, and 4, he would then be allowed the use of that acreage in the net residential density calculations. Mr. Sterns was of the opinion that 8 dwelling units, not lots, may be permitted as currently configured. When asked by Mr. Shiers what the net residential area was, Mr. Shields stated that 215, 734 was the net total acreage, as reduced for any wetlands.
When Mr. Neily asked if all the consulting engineer’s concerns have been addressed, Mr. Shields answered yes with the exception of some language issues. When Mr. Boyce stated that the Board still has questions and asked if the calculations could stand up to scrutiny, Mr. Shields stated that 6 lots should be allowed although one may need to be reconfigured and continued that the worse case scenario would be that that a future subdivision or duplexes may not be allowed on two of the lots. Mr. Sterns agreed with the staff that a bonus lot is still allowable even though the calculations may need to be refined.
Mr. Grant stated that he would like to see a plan of the proposed subdivision prior to granting preliminary approval. He also suggested underground utilities noting that only widely spaced telephone poles are in the immediate area. Mr. Sterns stated that due to cost, their preference would be to run overhead power, with Mr. Calvin Beaumier stating that the poles mentioned are relatively new. Mr. Shields stated that the recreation reserve would be in the form of a fee per unit. On questioning from Mr. Shiers, Mr. Shields stated that the 4 plus acres couldn’t be used to determine the bonus for another 1.65 lots for a total of 10 lots but 9 units would be allowed anyway. Mr. Sterns agreed that the NRD Calculations under the Ordinance would allow 9 lots in a conventional subdivision, and even
without the bonus lot, eight lots would be allowed. He restated the request for a plan note that duplexes may be permitted on 2 lots (#5 & 6), which would require future Planning Board approval. Mr. Shiers concern was that there wouldn’t be sufficient residential building area (building envelope) on Lots 5 and 6, i.e. adequate soils and test sites for septic system for duplexes, to which Mr. Sterns stated that there was. The Chairman and Mr. Neily called for a revised plan and a more accurate map showing wetlands and developable lands. Additional discussion followed after which Mr. Sterns closed by stating that the applicant was willing to modify the request for the additional plan note pending preliminary approval. Mr. Shields closed by restating that the six lots shown are in compliance for preliminary approval. The Board called for a vote.
Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant John T. Hawkes request for a preliminary approval of the 6-lot Sebago Gateway Subdivision on 15.64 acres off Barstow and Wilson Road pending the satisfactory resolution of the items mentioned and discussed, which includes the deletion of Items #22 and 23 from the general notes and the various issues discussed. MOTIONED FAILED 2-5 (Grant, Martin, Neily, Parker, Shiers against). [9:43 PM]
7. PRIVATE WAY PLAN – “TOPPAN WAY” – off NEW PORTLAND ROAD - HOWARD & ELIZABETH DOWNS
Request for approval of a 950-foot private way to serve 3 lots located off New Portland Road on land owned by Walton M & Patricia A. Brann and Frederick Robie, Jr. Zoned SR; Map 26/Lot 19 & M27/Lot 20.
Clark Neily MOVED and N.A. Martin SECONDED a motion to postpone until the next regular meeting of the Planning Board. MOTION CARRIED 6-0-1 (Robie abstained due to a conflict of interest). [9:44 PM]
8. PRE-APPLICATION CONFERENCE / SUBDIVISION – “STONEFIELD / PHASE II” – off HUSTON ROAD – GILBERT HOMES, INC., DONALD GILBERT, PRES.
Pre-application conference on a proposed 12-lot subdivision on 28.59 acres off Harding Bridge Road and Huston Road. Zoned R/SZ; Map 50/Lot 6
William Thompson, Project Manager, BH2M, represented the applicant and provided an overview for the new proposal noting the balance of the land to be very similar to Phase I. He stated that phase II of the subdivision would be served by public water. Board discussion followed including: the possible placement of a right-of-way on the plan for the hammerhead road serving Lots 19, 20 and 21 to the Portland Water District right-of-way; discouraging of large subdivisions so far removed from the center of Town, and use of underground utilities. When asked by Mr. Shiers, Mr. Thompson closed by giving a quick general review of his manner of calculating Rural Land Management for subdivision projects. [9:54 PM]
N.A. Martin MOVED and Richard Shiers SECONDED a motion to waive the “10 O’clock Rule”. MOTION CARRIED 6-1 (Neily against.) [9:55 PM]
9. PRE-APPLICATION CONFERENCE / SUBDIVISION – “HACKMATACK” off FORT HILL ROAD – INLAND DEVELOPMENT CORP., WM. THOMPSON
Pre-application conference on a proposed 6-lot subdivision on 26.81 acres, with a proposed 822’ extension of the existing Hackmatack Way, and a second 950’ private way off Fort Hill Road. Zoned R; Map 85/Lot 17.
William Thompson introduced Andrew Morrill, Project Manager, BH2M, who then presented the project. Ms. Fossum gave the staff report. Mr. Morrill noted that the frontage for 4 lots along the paper streets has been corrected per the Code Office comments. Board questions followed on total length of the proposed road and the road construction being to the standards of a unpaved 6-lot private way. [10:05 PM]
10. PRE-APPLICATION CONFERENCE / SUBDIVISION – “NORTH BRANCH” (name pending) - off FILES ROAD – PTG PROPERTIES, INC., PETER GILMAN, PRES.
Pre-application conference on a proposed 6-lot subdivision on 20 acres off Files Road. Zoned R; M74/Lot 19.002.
Wayne T. Wood, P.L.S. of Gray, Maine, represented the applicant and presented the project stating that the entrance may have to be adjusted “up hill” to comply with the 200’ minimum distance from any existing entrances, and then double checked for sight distance. Mr. Shields gave the staff report, noting there is an existing fire pond on the property for the neighboring Ledge Hill subdivision. General Board discussion followed regarding location of utilities, the 9 percent grade and proper approach grade to Filed Road, and erosion of ditches on a 9 percent grade.
PUBLIC COMMENT PERIOD
Cindy Wiseman, 50 Dutton Road, asked how close to the creek would the subdivision be built and if the bridge on Files Road would be effected due to increased traffic from construction. Mr. Wood stated that construction would be limited to outside of the flood plain area and wetlands. Ms. Fossum stated she would review the bridge question.
Mr. Wood asked if a topo study is required or could be waived. Ms. Fossum stated although a toto could be waived the soils study could not. [10:17 PM]
11. ADJOURNMENT
Clark Neily MOVED and Douglas Boyce SECONDED a motion to adjourn. MOTION CARRIED 7-0. [10:17 PM]
Respectfully submitted,
__________________
Penelope Overton
Clerk of the Board
November 5, 2001
R:\PLAN\PLBD\AGENDAS\MINUTES\PBMN02FY\PBMN100101.doc
4. MINOR SUBDIVISION / PRIVATE WAY AMENDMENT – “BENJAMIN ESTATES” off DAY ROAD - MONUMENT PROPERTIES, LLC/JAMES NADEAU & BRAD LODGE, PARTNERS
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 other conditions of approval attached to the Benjamin Estates Subdivision and Coopers Way Private Way shall remain in effect; and
3. 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.
5. SPECIAL EXCEPTION/MINOR SITE PLAN – “PFC PRESCHOOL & CHILDCARE CENTER” – 8 ELKINS ROAD – PORTLAND FAITH CENTER
Approved
Conditions Of Approval
1. That this approval is dependent upon, and limited to, the proposals and plans contained in the 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 of the Site Plan Review Committee, except for de minimus changes which the Director of Planning and Zoning may approve;
2. The maximum number of children and staff permitted under the Site Plan approval is 55. Any increase in the number of children and staff beyond 55 will require an amendment to the Site Plan in accordance with the currently effective "Land Use and Development Code, Town of Gorham" to determine parking capacity, septic system capacity, and other applicable criteria;
3. The applicant must provide a complete floor plan to the Fire Chief showing the areas of the building that will be used for the preschool and childcare;
4. A complete inspection must be done of the facility by the Fire Department before operations may begin;
5. That the building shall meet all the applicable requirements of the NFPA 101 Life Safety Code and all other applicable fire codes;
6. The applicant will provide a visual and sound buffer, the details of which will be worked out with Planning Staff, and a note added to the Mylar describing the details;
7. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
8. 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;
9. 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 site improvements.
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