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Town of Gorham
September 16, 2002
PLANNING BOARD MINUTES
LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
HAROLD GRANT, Chairman DEBORAH FOSSUM, Dir. of Planning & Zoning
THOMAS HUGHES AARON SHIELDS, Planning Assistant
CLARK NEILY BARBARA SKINNER, Secretary to the Board
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
DOUGLAS BOYCE, Vice-Chair
MICHAEL PARKER
The Chairman called the meeting to order at 7:00 p.m. The secretary called the roll and Douglas Boyce and Michael Parker were absent.
The Chairman announced that eight students from St. Joseph
1. SITE PLAN AMENDMENT PUBLIC HEARING
Request for approval of a 4,800 SF building on 27,245 SF of land at the corner of Railroad Avenue & Elm Street. Zoned UC; M102/L166 & 167.
Present were Lester S. Berry, BH2M Engineers, designer engineer for the project, and Doug Carter, owner of the project. Mr. Berry stated that in response to comments raised at the site walk, the plan had been redesigned as follows: (1) an application has already been filed with the Zoning Board of Appeals to increase the size of the building from 4050 sf to 4800 sf, with approval being requested from the Planning Board subject to the size increase being approved by the Board of Appeals; (2) as requested, one entrance on Elm Street has been removed, with the main customer entrance being from Railroad Avenue; (3) they have no objection should there be any building lots to the north in the future seek vehicular circulation between parking lots; (4) the parking locations are all in the side lot along Railroad
Avenue, with none in the side setbacks and none proposed between the front wall of the building; (5) the garage bay doors have been relocated to the north side, although the applicant would prefer the original location; the building is set back 30 feet from the road; and (6) a concrete sidewalk will be added to the main entrance. Mr. Carter said the islands shown are artifacts from the old building and there will be no need for them; landscaping has been “beefed up” along Railroad Avenue with fir trees and oak trees; the sidewalks will go through the driveway entrances; the roof has been changed from standing metal seam to asphalt shingle; and if the garage doors are to be located in the back, the structure has been changed to all wood, although he would prefer the first design of an all block structure with the garage doors facing the street.
Aaron Shields presented the staff report, stating that the Planning Board could approve the plan pending the ZBA approval of the larger sized structure, although the final paperwork could not be accomplished until that approval has been secured. Mr. Shields pointed out that there were two plans before the Board, one of which is the original and one which shows the applicantto the other, including the driveways. Mr. Shields said that the street facades have been changed, with a good job having been done to add architectural elements to the front facing Railroad Avenue and adding roof lines to comply with the District standards; the block proposed by the applicant falls within the Ordinance and is a split face, rough textured face, not a smooth face, with several different materials being used such as vinyl shakes. Mr. Carter confirmed that if the garage doors are facing Railroad Avenue, it will be a block building, but if the doors are on the north side, the building will be wood. Mr. Shields commented that the applicant is adding only building lights and is asking that the photometric analysis be waived; if the Board does not concur, then the analysis can be made a condition of approval and staff can work with the applicant
PUBLIC COMMENT PERIOD OPENED:
Robert Skinner, 9 Gateway Commons, spoke to the character of the business, the value of the business to the community, and the appropriateness of its location and expressed a hope that the business would succeed.
Gene St. Cyr, 154 Spiller Road, spoke in support of the service provided by Mr. Carter, owns 18 Elm Street and sold 20 Elm Street to Mr. Carter, so the business can be expanded with Mr. Carter being able to build whatever building he would like to build as he is trying to improve that corner of the neighborhood.
Thad Moody, 90 Narragansett Street, spoke in support of Mr. Carter and the convenience of his facility and complimented the proposed plan to complete the change on Railroad Avenue.
PUBLIC COMMENT PERIOD ENDED
Mr. Shiers spoke of his concern that the applicant is not getting the building he wants of textured block with the bay doors facing Railroad Avenue, that he believes that having the garage doors on the north side, particularly in the winter, would not be a friendly customer environment and would be awkward and cumbersome, and that he favors the first proposal. Mr. Grant asked if the parking would be left on Railroad Avenue as it is; Mr. Shiers said that the majority of the parking in the first proposal was in the back. Ms. Robie complimented the applicant on making the changes suggested by the Planning Board and that the design has considerable merit, and that she was troubled about upholding the Ordinance in connection with the location of the access and overhead doors being on the back and on the side, and
that any exception creates a precedent for other similar situations. Mr. Shiers commented that he believed this application is not an allowable use under the new Code, which would not permit this facility to continue in the Town, but this one is grandfathered and is therefore permitted. He further stated that no precedent will be set in this instance, and any new application coming forward is one, which would be permitted under the Urban Commercial Zone. Mr. Hughes concurred with Mr. Shiers and said he was totally in favor of the project, with the doors on the south side, and that if it were in violation of the Ordinance he would oppose it, but that he saw no violation. Mr. Neily said he believed there was merit in what Mr. Shiers said about the south side of a building being warmer and more welcoming, that he worried that there would not be enough room for the cars being serviced and those to be picked up, that he would probably end up voting for it as it
was grandfathered, that he respected Mr. Carter Ms. Robie and Mr. Neily also concurred. Ms. Robie asked if the building would then revert to a metal roof; Mr. Carter said he would stay with the asphalt shingles and the building would be made out of block with the office having vinyl cedar shakes. Ms. Robie asked about roof material; Mr. Carter confirmed that the roof will be architectural asphalt shingle. Ms. Robie asked if the second planapplicant goes before the ZBA before they commence construction, that the Code Officer cannot issue a building permit for a larger building until it is approved by the ZBA, and that Mr. Carter indicated he is going back before the ZBA for the necessary approval. Mr. Grant said then they could approve it but sign nothing until the ZBA has approved the larger building, to which Ms. Fossum concurred.
Mr. Shields added a new Condition of Approval #9 as follows:
9. That the applicant shall provide an easement to the Town of Gorham for the location of a sidewalk at the corner of Elm Street and Railroad Avenue.
Susan Robie MOVED and Clark Neily SECONDED a motion to approve Carter
2. FINAL SUBDIVISION Request for final approval of a 17-lot subdivision on 26.81 acres off Fort Hill Road.
Zoned R; M85/L17.
Les Berry, BH2M Engineers, appeared on behalf of the applicant and stated as follows: (1) the 8” main in Hackmatack Way will be extended the final 150 feet to Fort Hill Road with a hydrant placed at the corner of Hackmatack and Fort Hill; (2) with regard to the detention pond, the Public Works Director is satisfied with the proposed access; (3) staff has been given an easement to Plummer Road of the applicantof the water system as designed; and (6) the remaining hurdle is that Central Maine Power has not yet responded about the plans and their easement; although CMP
Ms. Fossum presented the staff report, giving the history of the project application, stating that Inland Development had said that it was not their intention to construct the subdivision, and the most recent packet from the applicant indicates that there is a party interested in purchasing the subdivision. She reminded the Board that if the subdivision is conveyed to another developer following its approval by the Board, that developer has to return to the Board to demonstrate financial and technical capacity before proceeding. Ms. Fossum said that the Town Attorney is finalizing her review work of several of the documents that are required, as well as waiting for final comments from the review engineer. She said that she agreed with Mr. Berry about the removal of the language in new Condition of
Approval #10 about “… Declaration of Restrictions and Covenants, Road Associations Documents…” but the remaining language should be retained.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Grant thanked Mr. Berry for meeting many of the Boardwould probably be building houses in the $250,000 to $350,000 range. Mr. Neily said he was glad to have that information. Mr. Berry said if Mr. Salamacha does buy the development and appears before the Board, he will have a large resume of construction in the Saco, Biddeford and Old Orchard areas.
Clark Neily MOVED and Richard Shiers SECONDED a motion to grant Inland Development Corporation
3. OFF-SITE PARKING Request for approval of off-site parking located at 286 New Portland Road for Guerin Associates, LLC, 474 Main Street. Zoned I; M12/L33.007.
Marianne Guerin, President of Guerin Associates, appeared and stated that the request was to allow the parking of commercial vehicles in a location close to 474 Main Street, where there is not adequate parking space. She said they have spent a year searching for appropriate space, and with the help of Tom Ellsworth and Ms. Fossum, they were able to come up with 286 New Portland Road as a solution.
Ms. Fossum presented the staff comments, saying that Ms. Guerin approached the Town about a year ago when she was in the process of expanding to include oil service delivery, that at the time Ms. Guerin was parking her vehicles offsite in Westbrook but now has to relocate her vehicles. Ms. Fossum said that Ms. Guerin was going through a Minor Site Plan Review on the expansion of the oil business, separate and apart from this, and if the Board approves the offsite parking that is proposed, the Site Plan Review Committee will separately be able to complete processing of the Minor Site Plan and give approval for expansion of the oil business. Ms. Fossum said that the proposed site is on the Grondin mini-storage site off New Portland Road, which is accessed both through the Industrial Park and from New Portland
Road, and this applicant will be using the Sanford Drive access. Parking for the Guerin vehicles will be at the rear of the site and will be a temporary solution of a two-year time frame; if the applicant is still leasing that space beyond that time frame, the applicant must return before the Board.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD CLOSED.
Mr. Neily asked Mr. Ellsworth, Gorham Economic Development Corporation, to come to the microphone. He asked Mr. Ellsworth if he were working with Guerin Oil to find some place where their operations could be combined in one place; Mr. Ellsworth said they have been looking for some time and have identified a couple of different sites but they have not been able to complete a purchase and sale of the property in which Ms. Guerin is interested. Mr. Neily said he would encourage trying to relocate the operation as soon as possible. Mr. Ellsworth said that only market forces related to availability of land, its asking price, vs. the true market value of the land stand in the way.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant Guerin Associates, LLC's, request for approval of off-site parking of commercial vehicles and related equipment at Gorham Self Storage, LLC, 286 New Portland Road for a period of up to two years, with conditions of approval as posted prior to the meeting and discussed with the applicant at the meeting. Motion CARRIED 5 ayes
4. PRE-APPLICATION CONFERENCE / SITE PLAN Request for pre-application conference on a proposed fitness center off 601 Main Street. Zoned RC; M32/L14.
Tim Flannery of Flannery Properties appeared before the Board, stating that he and his brother Todd are proposing to build a 7,000 sf fitness center, with three different options having been provided to the Board, along with a traffic study, and that they are looking for guidance on how to proceed.
Aaron Shields gave the staff comments, highlighting certain areas for discussion: (1) the proposed 7,000 sf building and associated parking would be on a two-acre parcel that is part of a larger six-acre parcel owned by the Flannerys adjacent to the TNT convenience store and car wash on Route 25; (2) the parcel will be divided, with sewer, water and underground utilities located at the site; (3) approximately 50 parking spaces are proposed to serve the building, which may differ somewhat depending on which of the three options the applicant chooses, which show different areas for the fitness center and the parking; (4) the three options are sketch plans and the applicant is asking whether or not the Board has a preference, and staff wants to be sure that whatever plan is selected works best with traffic and access
management; (5) the applicants have submitted a letter from a traffic engineer which shows how little traffic a health club generates, the peak hours being between 4:00 and 6:00 p.m., with only approximately 26 trips generated from the use at its busiest period; (6) the proposal shows a shared access drive with the convenience store; (7) the applicants have shown a willingness to work on access management; (8) this area is in MDOTthe corridor develops in the future and expressed a hope that the Board would allow a peer review from an traffic engineer to work with staff on this critical issue.
Mr. Neily expressed his concern about the peak traffic hours for the facility between 4:00 and 6:00 p.m. during the high traffic flow on Route 25 at the same time. Mr. Flannery replied that the number of trips generated would be low during peak hours. Mr. Grant said that the applicant has improved its business at the TNT store and the gas station and there is much more traffic, and that the Board probably should recommend to the Town Council that there should not be any parking allowed along that stretch of Route 25, such as the large tractor trailers which park there inappropriately. Mr. Grant said that as staff recommended, a peer review from a competent traffic engineer would be helpful. Mr. Grant said that after the conclusion of the meeting, a site walk would be scheduled.
5. DISCUSSION Discuss proposed amendments to the Gorham Land Use and Development Code Chapter II, Section II, Parking, Loading and Traffic, adding a new subsection F Limitation of New Residential Lots Fronting on Major Roads.
Mr. Grant commented that if anyone watching on TV was a landowner in Gorham and owned land that could be subdivided, there is a good chance that this proposal could have an effect on that land. He said that there would be public hearings in the future on this issue. Mr. Grant said that the Town Council had sent the item to the Planning Board for a recommendation, and the Council will have the final say about whether they will adopt the Planning Board
Ms. Fossum explained that the Ordinance was developed at the request of the Town Counciland rural subcollector roads throughout the Town. Ms. Fossum said that arterials are those which are state-numbered routes, such as Narragansett Street (Route 202), School Street (Route 114), South Street (Route 114), Sebago Lake Road, County Road, State Street, Dow Road, Fort Hill Road, etc. She said that there are several arterials, which are not state numbered, such as New Portland Road. She described collectors as those roads which carry traffic between arterials, collecting traffic from smaller, local side streets, and that the proposed ordinance would limit or prohibit the development of new residential frontage lots along those roads as well, and would apply to lots within the Town, even those which are part of a subdivision, but shall not apply to any new subdivision roads or to lots that front on collectors or rural collectors that are built as part of a residential subdivision approved by the Planning Board. Any lot shown on the property tax maps
of the Town as of the adoption of the ordinance would be permitted one vehicular access point to any adjacent public road, allowing a point for the creation of a public road or a private way, and there would be a waiver which would allow the Planning Board to grant a waiver where the conditions particular to a parcel justify allowing new frontage to be created, such conditions being that there is too little road frontage to reasonably allow for the creation of a local street or private way or the shape or physical condition of the parcel does not permit access to or the creation of a local street or there will be no further division of the parcel into additional lots. Ms. Fossum said there is no map as yet, but staff is working with the Council of Governments to prepare a map delineating both the highways sections covered by the state requirements and the streets that will be subject to local ordinance.
Mr. Neily said he would want to study this further, but if there were a bypass much of the traffic would dissipate. Mr. Shiers expressed concern that the collectors and rural subcollectors were part of the ordinance. Mr. Grant asked staff who determined that these roads were to be included; Ms. Fossum said it was discussed at an Ordinance Committee meeting and probably originated in the Residential Growth study. Mr. Shiers spoke about the potential ramifications involving landowners who own rural road frontage and who are paying rural road frontage taxes who might be prompted to develop their land in reaction to the ordinance, and expressed concern that the entire Town had been broadbrushed and it is a radical change. Ms. Fossum reminded the Board that there was an access management provision in
the Gorham Ordinance for a number of years, maybe 12 to 15 years between the late Gorham Road, Huston Road, Flaggy Meadow Road. Mr. Grant said that 53 roads are listed, representing the majority of available land in Gorham, which means a landowner has lost the right to subdivide a lot, sell it off, or gift it to a child, and must build a private way or a town road. He said that the tax assessor had told him that if someone owns frontage and has more than needed for a personal residence and can qualify for an additional lot or more, he values the property by adding one house lot, ranging from $40,000 to $60,000, to the total parcel, and if this ordinance were to pass, the property would have to be devalued. Mr. Grant said that this dictates to land owners that they must build more roads. Mr. Grant said he believes that this issue needs to go back to the Ordinance Committee to be re-examined more carefully. Ms. Robie asked whether it would be appropriate for the ordinance to apply to arterials. Mr. Grant said he believed that
what the state has dictated on major arterials is appropriate. Mr. Neily and Ms. Robie concurred with Mr. Grant that more careful consideration should be given to this issue and its potential impact on the property owners in the Town of Gorham. Mr. Grant read aloud the motion made by the Town Council to refer this item to the Planning Board, as follows:
“Item 6693. Moved by Councilor Dugas, seconded by Councilor Justice, and ordered that the Town Council refer a proposal to amend the Land Use and Development Code by adding a section on access management to the Planning Board for public hearing and their recommendation.”
With that,
Clark Neily MOVED and Richard Shiers SECONDED a motion that this item be returned to the Ordinance Committee for a discussion of the Ordinance Committee and the leadership of the Planning Board. Motion CARRIED 5 ayes
6. ADJOURNMENT
Clark Neily MOVED and Richard Shiers SECONDED a motion to adjourn. Motion CARRIED 5 ayes
Respectfully submitted,
_________________________
Barbara C. Skinner
Secretary to the Board
September 16, 2002
R:\PLAN\PLBD\AGENDAS\MINUTES\PBmn03Fy\PBMN091602.doc
1. SITE PLAN 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 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 conditioned upon the applicant returning to the ZBA to seek approval for a 4800 square foot building, which is larger than the 4,050 square foot building approved by the ZBA on March 21, 2002;
3. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
4. That the applicant shall meet the following requirements, as outlined in the Fire Chiefa. The building drawings, and measurements show that the building as designed has well over 100,00 cubic feet in volume. Because of this the building will be required to be sprinkled meeting all the requirements of the Towns Sprinkler Ordinance.
b. The sprinkler plans shall be submitted to the State Fire Marshalc. The building shall meet all applicable sections of the NFPA 101 Life Safety Code.
d. A complete set of building plans shall be submitted to the Fire Department at the time the building permit is issued.
e. MSDS sheets shall be supplied to the Fire Department for all Hazardous Materials used or stored on site.
f. Any floor drains shall pass through an oil separator system, with a holding tank that can be pumped.
5. 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;
6. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
7. That prior to the commencement of any site improvements and/or earth-moving activities associated with the approved site plan, the applicant shall arrange for a pre-construction meeting through the Planning Office, with the selected Review Engineer, Portland Water District, Public Works Director, Fire Chief, Code Enforcement Officer and the Planning Director, to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
8. 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;
9. That the applicant shall provide an easement to the Town of Gorham for the location of a sidewalk at the corner of Elm Street and Railroad Avenue; and
10. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board2. FINAL SUBDIVISION 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 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;
That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
That the applicant shall meet the following requirements, as outlined in the Fire Chiefa. All streets to be properly named and signed with Town approved Street Signs.
b. The eight-inch water main extends down Hackmatack Way to within 150 to 170 feet of Fort Hill Road. This water main should be extended the additional 150 feet to Fort Hill Road and a hydrant should be placed at the corner of Hackmatack and Fort Hill. This also would make the water system for this subdivision a looped system when the water main is extended down Fort Hill Road past Hackmatack Way.
c. The cost of the hydrants and their installation shall be the responsibility of the developer, and shall become public hydrants once the Town Council accepts the streets. The final location of each hydrant shall be approved by the Fire Chief at the time of installation.
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, Fire Chief, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;
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;
That the final engineering details and plans shall be reviewed and approved by the Town
That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round; and
That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
That the Offer of Cession, Road Association Documents and proposed deeds shall be revised to satisfy any final review comments of the Town Attorney, prior to the release of the Final Plan Mylar; and
That these conditions of approval and the Final Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board3. OFF-SITE PARKING 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 prior to the relocation of any equipment or vehicles to 286 New Portland Road, the applicant will provide the Planning Department and the Code Enforcement Office with a copy of the signed lease allowing use of the site at 286 New Portland Road for off site parking of equipment and vehicles;
4. That ingress and egress to the parking area shall be via the Sanford Drive entrance and not onto New Portland Road;
5. That there shall be no storage of hazardous materials on site.
6. 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;
7. That prior to the expiration of the lease, the applicant shall return to the Board for approval of another off-site location, or Gorham Self Storage, LLC, and/or the applicant shall return to the Planning Board to request an extension of the approved lease area or to seek an amendment to the Gorham Self Storage LLC site plan for the replacement of the approved mini storage structure with permanent commercial vehicle/equipment storage in this area of the site; and
8. That prior to the relocation of any equipment or vehicles to 286 New Portland Road, the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
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