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Town of Gorham
December 3, 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. Mr. Grant announced that the “ten o
1. APPROVAL OF MINUTES: NOVEMBER 5, 2001
Clark Neily MOVED and Douglas Boyce SECONDED a motion to accept the minutes of November 5, 2001. MOTION CARRIED 7-0. [7:03 PM]
2. SIGN APPEAL Request for a new sign increase, 36 SF in size, for TNT QuickStop located at 601 Main Street. Zoned RC; M32/Lot 14.
Applicant Todd Flannery presented his application for a sign increase and Planner Aaron Shields gave the staff report. The Board generally agreed that the applicant has met the Facts and Findings but expressed concern regarding the allowance of multiple signs on one parcel.
Michael Parker MOVED and N. A. Martin SECONDED a motion to grant the request of TNT QuickStop for a 36 SF sign based on the Board
3. PRIVATE WAY PLAN 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; M26/L19 & M27/Lot 20.
Susan Robie stated she was related to the applicant and requested to be excused.
Clark Neily MOVED and N. A. Martin SECONDED a motion to excuse Susan Robie from the proceedings. MOTION CARRIED 6-0-1 (Robie abstained)
Timothy O. Brown, P.E., stated that he represented the applicant along with Attorney Ernest Manderson, who was noted as also being present. Mr. Brown presented the request for approval of a new private way. Aaron Shields gave the staff report, noting that this was a 2-lot private way approval; that the maintenance agreement had been submitted and was in order; and that the request was for a private way only, not a subdivision of land.
When Mr. Martin asked if future subdivision would trigger Board review; Mr. Shields stated that it was an exempt homestead lot, not requiring approval. Mr. Brown indicated that the applicant was in agreement with the Conditions of Approval.
Clark Neily MOVED and Michael Parker SECONDED a motion to grant Howard and Elizabeth Downs
4. SITE AMENDMENT PUBLIC HEARING
Request for site plan amendment for a modification to Condition #9 of the Conditions of Approval to reduce the frequency of the required conformance review by staff and to grant approval for the winter storage of biosolids generated by the York Sewer District. (On land owned by Norman A. Martin, Jr. & Beverly R. Martin, et al) Zoned R; M64/L4.001.
N. A. Martin stated he was related to the property owner and requested to be excused.
Clark Neily MOVED and Michael Parker SECONDED a motion to excuse N. A Martin from the proceedings. MOTION CARRIED 6-0-1 (Martin abstained)
Timothy Stewart, Operations Manager, Synagro Northeast, presented the request for amendment of the Conditions of Approval and gave a brief history of the project noting the new contract with the York Sewer District.
When asked by Mr. Neily to compare to volume of material from York Sewer District to the Portland Water District and City of South Portland, Mr. Stewart stated that Portland Water District was 28,000 wet tons per year, S Portland, 6,000, and York Sewer District, 1147, and noted that due to summer residents, summer production is disproportionately higher then other times of the year. Deborah Fossum then gave the staff report.
PUBLIC COMMENT PERIOD: None offered.
Mr. Grant noted that odors coming from the Martin Dairy Farm previously thought to be sludge was actually fermenting silage.
Michael Parker MOVED and Clark Neily SECONDED a motion to grant approval of amendments of Conditions of Approval #7 and #9 as requested by Synagro-WWT, Inc. to reduce the frequency of the required conformance review to once every five years, unless there is a meeting request made by Town Officials or by an abutting land owner and to grant approval for the storage of biosolids generated by the York Sewer District, with Conditions of Approval as posted prior to the meeting and discussed with the applicant. MOTION CARRIED 6-0-1 (Martin abstained). NOTE: Final Conditions of Approval attached at end of minutes. [7:17-7:26 PM]
NOTE: School Committee Chairman William Neily requested to delay hearing Item 5 pending arrival of the representatives.
5. SITE PLAN APPROVALPUBLIC HEARING
Request for site plan approval for a 750 student, 140,000 SF middle school on 58.01 acres off Weeks Road. Zoned SR; M20/L3 & M24/L4.
NOTE: The following item was taken out of order while awaiting the arrival of Applicant #5 but not heard due to representative not being immediately present.
6. PRELIMINARY SUBDIVISION PLAN 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.
This item was not heard following Item 5 due to the “ten o
NOTE: The following item was taken out of order and heard following Item 4, while awaiting the arrival of Applicants #5 and #6.
7. PRIVATE WAY AMENDMENT Request for approval of an amended private way plan for a 1,125-foot private way serving 4 lots off New Portland Road (This plan amends a previously approved private way serving 3 lots.) Zoned R-MH; M29/L4.002.
Ernest Manderson, Esq. presented the applicant
PUBLIC COMMENT PERIOD: None requested.
Clark Neily MOVED and Susan Robie SECONDED a motion to grant Laurence and Linda KeefDISCUSSION: When asked by Mr. Parker, Mr. Shields stated that it was not necessary to reference the well in the right-of-way as it is duly noted on the plans. Mr. Manderson stated that the applicant is in agreement with the posted Conditions of Approval
MOTION CARRIED 7-0. NOTE: The approved Conditionals of Approval are attached. [7:26-7:35 PM]
NOTE: The following item was taken out of order following Item #7, while awaiting the arrival of Applicants #5 and #6 but not heard due to representative not being immediately present.
8. PRIVATE WAY PLAN A request for a 630
This item was not heard following Item 5 due to the “ten o
9. PRE-APPLICATION CONFERENCE / SUBDIVISION PLAN Request for a pre-application conference on a proposed 9-lot industrial subdivision on 29.56 acres at the intersection of Libby Avenue and New Portland Road. Zoned I-Black Brook Road/Brackett Road Special Protection Overlay District; M29/L2.
Thomas Prouty of Chase Custom Homes & Finance Co., Inc. introduced Thomas Greer, P.E. of Pinkham & Greer who then fully briefed the Board on the proposal for an industrial park. Mr. Greer reviewed the size and stated the project was designed to avoid wetlands crossings, with roads crossing only in a couple of locations. He noted 1) that as this project was greater than 20 acres and 5 lots, DEP review will be required; and 2) that there will be two access points for public safety. Mr. Greer discussed the request for sideline reduction from 100
Aaron Shields gave the staff report and stated that the consulting engineer had cautioned that the building of the project in stages as lots were sold may create construction issues if not done carefully.
PUBLIC COMMENT PERIOD: None offered.
Board discussion followed addressing concerns for compliance requirements for the individual lots; buffering; parking lots to be away from the 50
Stretch Break 8:02 to 8:17 PM prior to hearing the final Item, #5
5. SITE PLAN APPROVALPUBLIC HEARING
Request for site plan approval for a 750 student, 140,000 SF middle school on 58.01 acres off Weeks Road. Zoned SR; M20/L3 & M24/L4.
School Committee Chairman William Neily introduced Lyndon Keck, A.I.A., PDT Architects; William Hoffman, P.E., DeLuca-Hoffman Associates, Inc., Michael Moore, Gorham Superintendent of Schools, and James Hager of the School Building Committee.
ARCHITECT PRESENTATION: Lyndon Keck noted that the previous concerns regarding lighting, sound and primarily traffic have been addressed; and identified the main parts of the project as being site (9 acres being wetland); building components and off-site improvements. He noted a student capacity of 750 designed to eventually accommodate 900; the building being fully “sprinkled” for fire protection; a foot print of 98,500 SF and that the DEP application has been submitted. He noted the three ball fields, which possibly can be shifted around to avoid noise pollution to abutting neighbors. Mr. Keck asked the Board for guidance regarding requirement of a fence around a detention pond with the alternant suggestion of trees. He noted that off-site improvements include widening and paving of Weeks Road to Solomon
Drive, a network of sidewalks and tree walks, and two major speed tables at Weeks Road and Solomon Drive. The intersection at South Street will change from 2 to 3 lanes with 2 turning lanes; the sewer on Weeks Road will hook into the Heartwood subdivision.
ENGINEER PRESENTATION: William Hoffman reviewed the engineering aspects of the project including neighborhood trail systems, bituminous curbing on South Street. Mr. Hoffman asked for Board input regarding the large play area and abutterculvert sizes; recommendation of tapping into Weeks Road for fire protection and noted that PWD was going to pay for the extension of public water to Matthew Drive in the Heartwood subdivision. He noted that the engineer for the Heartwood project must review the run-off from the middle school to the subdivision.
When asked about groundwater flow, Mr. Hoffman was not aware of any impacts on wells. Mr. Hoffman stated issues for the Board to decide included curb type, bituminous verses granite; landscape plantings after John Phinney completes the timber harvesting. He noted drainage comments received included: curb sidewalk which require drainage which would be a large cost element; site improvement for Route 114, whether signalization is required; a loop water system peer review; whether to make down stream improvements and that Pinkham & Greer needs to review study; outlet channel; detention pond discharge on Weeks Road, rip-rap town driveway to protection road from storm. He will be forwarding plans to Sold, Inc. for review. Outstanding issues are the safety question of whether to fence the detention pond, and whether
requesting a construction easement from the town is necessary as the Town owns both parcels. It was noted that requests from the Recreational Department include the showing of bikeways, bike racks, and benches, even if not currently scheduled for construction. He stated there are no technical questions on the DEP review, which is about 50% complete.
STAFF COMMENTS
Deborah Fossum gave the staff report and stated that the following have been received: a progress report from the consulting engineer with comments on riprap and culvert improvements on town owned property. She noted impacts on Matthews Drive; detention pond safety and the planting of trees along the roadway; the hard play area impact on abutters; underground utilities, location of geo-thermal wells; the need for input on the abutter
PUBLIC COMMENT PERIOD OPENED
Karen Gagnon, abutter, thanked the town for addressing potential noise pollution from play area and suggested plantings.
No other comments were offered. Mr. Grant noted that the Public Hearing was being left open.
BOARD DISCUSSION
When Mr. Parker asked if a berm between the play area and the abutter would resolve the noise problem, Mr. Keck stated that it was one solution, but noted it would not stop back-board noise. As an aside, he reminded the Board that John Phinney completed only 50% of the selected cutting on the 58 acres and that landscaping direction is required.
Mr. Grant commented that it would be unreasonable to move the play area, as the abutter is 600
Mr. Keck reviewed the geo-technical issues stating that the Building Committee voted for a geo-thermal system with a back-up plan for traditional boilers and cooling towers should the bids come in too high. He stated that there will be 137 shallow wells or bore holes, 225
Mr. Keck reviewed the uses of the contingency fund and that it has already been heavily tapped. Additional Board discussion followed regarding budget and underground utility costs, and the fact that other applicants were required to install underground utilities. They requested that the representatives explore all possibly avenues for the placement of underground utilities. Mr. Hoffman stated that the traffic engineer will be available for the January meeting to provide input on the traffic signal, but stated it would also impact the Maine DOT input.
The Board also discussed granite curbing cost for the South Street sidewalks, that they were maintenance free and long lasting and worth the investment for the Town, and again were required of other developers. Mr. Keck noted that the Town does not have legal frontage on South Street and as such, is not responsible for the cost. The Board concurred that granite still should be a requirement from a student safety factor alone. When questioned regarding the number of students walking to school, Mr. Moore noted that although that figure students walking could not be confirmed at 20%, the figure for children being driven to school by parents was 1/3. The Board agreed that the decision regarding fencing for the detention pond should be left to the School Committee. Mr. Hoffman closed by stating he strongly
believes, given the fast pace of traffic of that section of South Street, the traffic signal is a necessity and a requirement. Mr. Hoffman also stated that the January discussion would include issues regarding water.
Mr. Grant announced again that the Board
10. PRE-APPLICATION CONFERENCE Request for a pre-application conference on a proposed 14-lot residential subdivision with 2 roads on 23 acres off 200 Burnham Road. Zoned R-MH; M1/L6.
Not heard due to the “ten o
11. ADJOURNMENT
Richard Shiers MOVED and Clark Neily SECONDED a motion to adjourn. MOTION CARRIED 5-2. (Boyce and Parker against) [9:55 PM]
Respectfully submitted,
__________________
Penelope Overton
Clerk of the Board
December 3, 2001
R:\PLAN\PLBD\AGENDAS\MINUTES\PBMN02FY\PBMN120301wCOA.doc3. PRIVATE WAY PLAN
Approved
Conditions of Approval
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 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;
That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;
That the applicant will be responsible for the scheduling and coordination of all inspections and testing involved in the construction of the Private Way as shown on the approved plans; and that the inspections will be performed by the Director of Public Works and / or the Town
That the applicant shall provide property line information and site information in auto-cad format to the Town Planner;
That prior to the commencement of construction of the private way, the applicant will establish with the Town of Gorham a performance guarantee for the required improvements to the paved apron;
That prior to occupancy, all homes shall be properly numbered with the number visible from the street year round;
That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Town Engineer and Police Chief;
That prior to the issuance of an occupancy permit for any of the undeveloped lots served by the private way, the Town
That the plan of the private way and the maintenance agreement 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 maintenance agreement shall be returned to the Town Planner along with a registry copy of the recorded maintenance agreement.
7. PRIVATE WAY AMENDMENT 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 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. That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;
3. That the applicant will be responsible for the scheduling and coordination of all inspections and testing involved in the construction of the Private Way as shown on the approved plans; and that the inspections will be performed by the Director of Public Works and / or the Town
4. That the applicant shall provide property line information and site information in auto-cad format to the Town Planner;
5. That prior to the commencement of construction of the private way, the applicant will establish with the Town of Gorham a performance guarantee for the required improvements to the paved apron;
6. That the applicant shall remove vegetation at Private Way entrance to maximize site distance in both directions as determined by the Town
7. That prior to occupancy, all homes shall be properly numbered with the number visible from the street year round;
8. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Town Engineer and Police Chief;
9. That prior to the issuance of an occupancy permit for any of the undeveloped lots served by the private way, the Town
10. That the plan of the private way and the maintenance agreement 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 maintenance agreement shall be returned to the Town Planner along with a registry copy of the recorded maintenance agreement.
4. SITE AMENDMENT
Approved
Conditions of Approval
1. That these approved amendments are 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 this approval is limited to Conditions of Approval #7 and #9, as follows:
#7 That the facility shall be used for the winter storage of biosolid materials produced by the Portland Water District, the City of South Portland and the York Sewer District and limited temporary summer storage during rainy periods when farm fields are too wet to permit the spreading of biosolids, which shall in no event exceed fourteen (14) consecutive days. For purposes of this approval, winter storage shall be limited to the period between October 20 and June 15 and temporary summer storage shall be limited to no more than 14 consecutive days between June 16 and October 19. There shall be no other use at any time without further review and approval by the Gorham Planning Board; and
#9 That the results of all routine monitoring and testing shall be supplied to the Town Engineer on a monthly basis and the applicant shall meet with the Town Engineer and Town Planner once every five years unless there is a meeting request made by Town Officials or by an abutting property owner to review the test data and overall operational compliance of the site. That the first five-year review meeting shall take place in July, 2006 and that two weeks prior to that review meeting, a notice will be sent to abutting property owners for comment.
3. That all other conditions of approval attached to the of the December 4, 1995 Gorham Planning Board Approval of the Wheelabrator Clean Water Systems, Inc. site plan application to build and operate a biosolids facility on land owned by Norman Martin off Fort Hill Road in the Town of Gorham, described in a Decision Document dated December 11, 1995 and recorded at the Cumberland County Registry of Deeds in Book 12262, Pages 269
4. That the Decision Document for this approval shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board approval date; and that a copy of the recorded Decision Document along with a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan shall be returned to the Town Planning Office prior to any the storage of any biosolids material generated by the York Sewer District.
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