Town of Gorham
October 1, 2001
AGENDA MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
N. A. MARTIN, III, Acting Chairman DEBORAH F. FOSSUM, Dir. of Planning & Zoning
MICHAEL PARKER PENELOPE E. OVERTON, Clerk of the Board
SUSAN ROBIE
RICHARD SHIERS
Members Absent: Staff Absent:
DOUGLAS BOYCE AARON D. SHIELDS
HAROLD GRANT
CLARK NEILY
The Acting Chairman called the meeting to order at 7:00 PM and introduced the Agenda. The Clerk of the Board called the roll with members Boyce, Grant and Neily absent.
1. APPROVAL OF MINUTES: SEPTEMBER 10, 2001
Susan Robie MOTIONED and Richard Shiers SECONDED a motion to accept the minutes [of September 10,2001]; MOTION CARRIED 4-0. [7:04 PM]
2. STREET ACCEPTANCE REPORTS
A. "TRUMAN ROAD" WHISPERING PINES SUBDIVISION offered by Gilbert Homes, Inc.
Deborah Fossum gave the staff report noting that the applicant is in agreement with the Conditions of Approval. Gary Lorfano, Public Works Director provided the road inspection report suggesting the addition of another condition providing $25.00 per square yard for road patch in the amount of $600.00 cash payment to cover repairs next year for open cuts made in 2001 for the installation of conduits. He stated other than the replacement of the steel pin markers with granite monuments, the road surpasses all thickness requirements by a half inch. Ms. Fossum stated an additional condition to cover monumentation.
PUBLIC COMMENT PERIOD: None offered.
Mr. Shiers stated that he could not support a positive recommendation, as it was a dead end road not serving the general tax paying public. The Board agreed but Mr. Parker noted that the road was built according to existing standards that would generally allow Town acceptance when meeting the required construction standards. Ms. Fossum stated that it would be a function of the Town Council to accept or deny a request for street acceptance. Discussion closed with Ms. Robie stating that policy should be changed before rejecting an application.
Michael Parker MOVED and Susan Robie SECONDED a motion to recommend to the Council acceptance of Truman Road in the Whispering Pines Subdivision as offered by Gilbert Homes, Inc. provided that the applicant satisfies the Conditions as previously discussed, being the five original conditions, and two additional conditions for performance guarantee and monumentation:
1. Submission of a newly executed road deed,
2. Submission of a newly executed dry hydrant maintenance deed,
3. Submission of a transfer tax form,
4. Submission of a one-year $5000.00 cash maintenance guarantee, and
5. Submission of two copies of As-built plans: one for the Public Works Department's road file and one for the Planning Department's project file.
6. $600.00 to cover open cuts made in the road for culverts, and
7. Replacement of the 5 iron pins with granite monuments.
MOTION CARRIED 3-1 (Shiers against). [7:26 PM]
B. “BALSAM LANE” HEMLOCK HOLLOW SUBDIVISION offered by Royal River Dev., Inc.
Gary Lorfano, Public Works Director provided the road inspection report. Mr. Lorfano stated that there is a longitudinal line along the centerline of the road that required repaving and suggested a a one year $5,000.00 maintenance guarantee to cover that repaved portion.
PUBLIC COMMENT PERIOD: None offered.
There being no other issues, the Board moved to vote.
Michael Parker MOVED and Richard Shiers SECONDED a motion to recommend to the [Town] Council acceptance of Balsam Lane in the Hemlock Hollow Subdivision as offered by Royal River Development Company with the Conditions as discussed with the applicant:
1. Submission of a signed, dated, copy of the deed;
2. Submission of a corrected transfer tax form,
3. Submission of a one-year $5,000.00 cash maintenance guarantee,
4. Submission of one additional plan set for filing in the Town Clerk's office, and
5. Submission of two copies of As-built plans: one for the Public Works Department's road file and one for the Planning Department's project file.
MOTION CARRIED 4-0. [7:32 PM]
C. "PHEASANT LANE" COLEBROOK SUBDIVISION offered by Colebrook Corp.
Deborah Fossum gave the staff report stating that due to a request for acceptance prior to final paving, the Town will require both a maintenance guarantee account and road improvement account. Gary Lorfano, Public Works Director provided the road inspection report noting that the account will cover road repairs for cuts made under the street opening ordinance.
PUBLIC COMMENT PERIOD:
Robert Norris, a resident in the same subdivision, asked if the owners on the private way portion of the road could contract with the Town for winter plowing.
Mr. Lorfano noted that there is no snow storage easement for Pheasant Lane and stated that under State law, the Town cannot operate public equipment on private ways, i.e. engage in private contracts for plowing purposes.
Michael Parker MOVED and Richard Shiers SECONDED a motion to recommend to the Council acceptance of Pheasant Lane in the Colebrook Estates Subdivision as offered by Colebrook Corp. providing that the applicant satisfies the Conditions as discussed:
1. Submission of a revised deed,
2. Submission of a $5,000.00 Road Maintenance Guarantee,
3. Establishment of a road improvement account in the amount of $18,262.50, and
4. Submission of two copies of As-built plans: one for the Public Works Department's road file and one for the Planning Department's project file.
MOTIONED CARRIED 4-0. [7:46 PM]
3. ZONING TEXT AMENDMENT PUBLIC HEARING
Proposed amendments to Chapter IV Site Plan Review, which modify the review process for the establishment of new nonresidential uses when no buildings or structures are proposed.
Ms. Fossum gave the staff report and explained that the amendment would expedite minor site plan reviews for a change of use with no impact, i.e. without increase of traffic, new curb cuts, drive-thru or safety hazards.
PUBLIC COMMENT PERIOD: None offered.
Board discussion followed with members agreeing that a minor site plan for a change of use falling under the new amendment would not require abutter notification as long as the use was allowable under Code. Members agreed that it would not be necessary to subject the amendment to further review by the Ordinance Sub-committee. Ms. Robie stated her primary concern for noise pollution. Ms. Fossum explained that would be covered under Chapter II. A poll of the Board showed general support to forward to the Council.
Michael Parker MOVED and Richard Shiers SECONDED a motion to forward the proposed amendment as written to the Town Council with a recommendation to adopt as proposed.
DISCUSSION: Ms. Robie proposed amending the modification to the ordinance to limit the hours of operation from 6:00 AM to 10:00 P .M.
Susan Robie MOVED and Michael Parker SECONDED a motion to amend Item B. 2. d. as follows: "The hours of operation will not exceed 6:00 A.M. to 10:00 P.M."
DISCUSSION: Mr. Martin was not in favor of the hours being so restrictive. Vote on Amendment: MOTION CARRIED ON AMENDMENT 3-1 (Martin) Vote on Main Motion: MOTION CARRIED 4-0. [8:11 PM]
4. PRE-APPLICATION CONFERENCE -"OVERLOOK FARMS SUBDIVISION" -off SEBAGO LAKE ROAD -STEVEN AND PATRICIA RAND
Pre-application conference on a proposed 3-lot subdivision on 15 + acres off Sebago Lake Road. Zoned Rural (R) Map 72/Lot 47.
Ms. Fossum gave the staff report. Calvin L. Beaumier, co-owner, presented a complete overview of the proposed project stating that due to the open space, it had evolved from a 5-lot conventional subdivision to a 2-lot clustered development. Mr. Beaumier pointed out the utility right-of-way and various recreational crossings. He noted a plan correction for the road ROW being an easement, not a conveyance. Mr. Beaumier stated that per abutter Wylie's comments at the previous meeting, he was willing to give Mr. Wylie an additional 10-15 feet all the way around their property to bring the Wylie parcel into conformity in order to meet set-back ordinance and create buffering. Mr. Beaumier also requested an 18' reduction in setback for road frontage.
PUBLIC COMMENT PERIOD:
Enid McNeally, abutter, stated that no public recreational trails connect from her parcel to this project, and that her land is posted as being private.
Mr. Martin noted that the proposed subdivision name is the same as an existing street that possibly might further developed. Further Board discussion followed regarding the proposed road and the steep topography and sharp drop- offs in the area of the proposed road. Members requested that a consulting engineer review the proposal al stability of road fill work for the site of the former gravel pit. Mr. Beaumier requested guidance from the Board regarding the open space. [8:59 PM]
5. ADJOURNMENT
Michael Parker MOVED and Richard Shiers SECONDED a motion to adjourn. MOTION CARRIED 4-0. [9:00 PM]
Respectfully submitted,
__________________
Penelope Overton,
Clerk of the Board.
October 1, 2001
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