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Town of Gorham
March 17, 2003
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
DOUGLAS BOYCE, Vice-Chair. AARON SHIELDS, Planning Assistant Planner
CLARK NEILY NATALIE BURNS, ESQUIRE, Town Attorney
THOMAS HUGHES BARBARA SKINNER, Secretary to the Board
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
The Chairman called the meeting to order at 7:00 p.m. The Secretary called the roll, noting that all members were present.
APPROVAL OF MINUTES: MARCH 3, 2003
Douglas Boyce MOVED and Clark Neily SECONDED a motion to table the minutes of the March 3, 2003 meeting to the next regular meeting. Motion CARRIED, 6 ayes, 1 abstention due to absence from March 3, 2003 meeting (Mr. Parker) [7:02 p.m.]
2. PRIVATE WAY - “PERKINS WAY” Request for approval of a 350
Andy Morrell, BH2M Engineers, appeared on behalf of the applicant and introduced the project as a 350-foot private way off Sebago Lake Road to serve a one-lot parcel being conveyed by the applicant
Mr. Shields presented the staff report, stating while there hasn
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant Todd Perkins request for approval of Perkins Way, a private way to serve one lot off Sebago Lake Road, with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes [7:04 p.m.]
3. PRELIMINARY SUBDIVISION Request for preliminary subdivision approval of a 5-lot subdivision with 1,041
Andy Morrell, BH2M Engineers, appearing on behalf of the applicants, stated that while the net residential density calculations show that 9 lots are possible, the applicants are proposing only 5 lots, and the owners will live on 2 of the lots. He said that the private way proposed is 1041 feet of a 22-foot wide private way, 18 foot travel way with 2 foot shoulders on each side, the subdivision will have underground utilities, private sewer and wells, the houses will be sprinkled so there is no detention pond, site distances in both directions along Waterhouse road are adequate since the speed limits have been previously reduced along Waterhouse Road, there is a potential by-pass route located at the rear of the subject project and additional 50 foot setbacks have been provided, all stormwater runoff will be handled
through vegetative ditches and sent through one of 3 level spreaders along the length of the road. Mr. Morrell said that the applicants are requesting a waiver for the requirement to provide access to adjoining land, but could do so if the Board does not grant a waiver.
Mr. Shields presented the staff comments, remarking that the private way ends in a hammerhead with all lots having at least 200 feet of frontage, and the proposed treatment of stormwater through wetland infiltration and vegetated ditches is, when possible, the preferred method.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Boyce asked about the drawing showing a future variable private way right of way width; Mr. Morrell replied that the right of way will be a constant width. Mr. Grant commented that if the private way is used only by the landowners, there would not be a need for a right of way to abutting land. Mr. Hughes said he believed there should be a provision for future roadway extensions to abutting land in the event the private way becomes a public street later. Ms. Fossum said that the question arises in this instance and not in the preceding item because this is a subdivision whereas the previous item involved a private way serving only one lot, and this is a condition applicable to all roads in subdivisions. She said that there is a provision for a waiver if the Board determines that it is not in the
public interest to require access to adjoining land. Mr. Boyce commented that the abutters would not have use of the proposed private way without the full support of the owners or homeowners
Clark Neily MOVED and Richard Shiers SECONDED a motion to grant preliminary approval of Santo and Gina and Frank and Cheryl DiDonato
4. PRE-APPLICATION CONFERENCE Discuss a proposal for a 5-lot industrial subdivision on a 26-acre parcel with frontage along Main Street/Route 25, Bartlett Road and Laurence Drive on land of Rines. Zoned Industrial & Roadside Commercial, Map 12, Lot 26.
Owens McCullough of Sebago Technics appeared with Ken Grondin to present the pre-application submittal of an industrial subdivision located on a 26-acre parcel with frontage along Route 25, Bartlett Road and Laurence Drive, to be developed into 5 lots, ranging in size from about 1-1/2 acres to 8.3 acres. He said that the parcel is currently zoned industrial and has an existing house. Mr. McCullough pointed out on the concept plan a proposed road bisecting the site which is not needed to develop the parcel but which the Grondins would like to build in order to create a new intersection with better sight distance than that on Bartlett Road. If the new road is constructed, the Grondins would expect some sort of payback from the Town perhaps in the form of a TIF over a period of 7 to 10 years. This new
road would allow a much better flow of traffic out of the industrial park, and would also provide lot frontage for each lot from within the parcel. He said there would be underground utilities, sewer would be run from Laurence Drive up through the development, and public water is available from all three roads so no water main would be run through the parcel. Mr. McCullough said that as the project moves forward, there is a chance the Grondins would pursue a zone change to Roadside Commercial on Lots 2, 3, 1 and 5 in order to permit retail development. The Grondins have spoken to several industrial users who expressed an interest in the property, one of which is a recycling/transfer station facility, a concrete producer looking to resell some of their products, and an oil delivery service, as well as there being some interest expressed with the Route 25 frontage to be zoned retail for a Tim Hortonthe current proposal is for a five-lot industrial subdivision. He said that the Grondins would like to keep Bartlett Road open even if they build the new intersecting road through the parcel, if only as an access for their vehicles. He said that they have met with DOT and do not need to pursue an entrance permit because the parcel is within the Towna stormwater permit from DEP.
Mr. Shields presented the staff report, commenting that the State
Mr. Grant commented that the Board has no jurisdiction over what happens to Bartlett Road, that the Board can send its recommendation to the Council but it is the Council
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Boyce expressed his hope that the lots with frontage on Route 25 would derive their access from the proposed new internal road, and that Laurence Drive should be designed with sufficient entrance/exit capability to serve lot #5. Mr. Neily commented that the proposal appeared to be beneficial to the Town of Gorham, and the Council has to make the decision about the TIF. In response to a question from Mr. Grant, Mr. McCullough replied that since they were not sure who would come in to the lots, each one would have to come in to go through site plan review. Mr. Neily commented about the need for a third lane, particularly in view of the Lake Region proposed expansion, coupled with the Portland Cover development and this project. Mr. Parker asked about tying into a sewer main. Mr. McCullough
explained the sewer proposed and the possible hook-up for Lake Region Furniture, which could be 700 or 800 feet. Mr. Grant directed staff to schedule a site walk. [7:45 p.m.]
5. SUBDIVISION AMENDMENT Request for amendment to a 10-lot subdivision on 28.59 acres off Harding Bridge Road and Huston Road. Zone Rural/Shoreland Zoning/ Map 50/L6.
Bill Thompson of BH2M Engineers appeared on behalf of Gilbert Homes and requested approval of an amendment to the 10-lot subdivision of Stonefield II, stating that while the project was approved by the Board on November 4, 2002, approval from DEP was not received until just recently which required minor adjustments to the plan. The changes include more protection to the intermittent stream with a somewhat larger buffer on Lots 19 and 23, and a plan was submitted showing grading and septic system locations on these two Lots. Mr. Thompson said a 100-foot wide strip of land owned by Gilbert Homes, also in Phase I of the Subdivision, has been deeded to the Sno-goers [Gorham Sno-Goers, Inc.] and accepted. In response to a question from Mr. Grant, Ms. Burns said that if the fee interest is going to be deeded,
it has to meet minimum lot size standards, frontage standards, and it has not been reviewed for this. Mr. Shiers indicated that he would be opposed to allowing a snowmobile trail going through the project, but the homeownersbeen changed to the PWD with an easement to the Sno-goers. Mr. Shiers commented that his concern involved making sure that the homeowners were protected; Mr. Grant concurred.
Douglas Boyce MOVED and Susan Robie SECONDED a motion that the item be tabled until the applicant is ready to return before the Board. Motion CARRIED, 7 ayes [8:05 p.m.]
6. PRELIMINARY SUBDIVISION & SITE PLAN DISCUSSION PUBLIC HEARING
Request for approval for a 8-unit condominium development on a 2.64-acre parcel off 38 Water Street on land of Hawrylo and Kelly. Zoned Urban Residential, Map 101/Lot 20.
John Hawrylo, the applicant, presented the current plan under consideration of 4 buildings with 2 units each for a total of 8 units, with changes involving new placement of the buildings to provide a turnaround for the Fire Department and a redesigned entrance/exit to show where Woodside Drive separates from Water Street. Andy Morrell of BH2M Engineers gave an overview of the project, showing how the buildings have been moved away from the stream to achieve the MDEP required 75 foot setback, the relocation of the access drive, the provision of a 6-foot wide access trail and a 10-foot wide easement, a drainage system of detention ponds and vegetative ditches, and the parking to be provided. Mr. Morrell brought up two issues for discussion, one of which involves the net residential density calculations
originally done using the old method, which had allowed 7 units. He said that the calculations were re-done according to the new method and have produced a figure of 8 units, which is their present proposal, achieved by not deducting the 20-33% slopes because in theory a building could be placed on the slopes as the soil types are adequate for building. He said in their opinion they could build a unit on the slope if need be. He said the other issue involves the fire turnaround, and the plans now show the road having been extended somewhat to provide a proper turnaround for fire trucks.
Mr. Shields presented the staff comments, stating that the proposed homes are duplexes and not multi family dwellings, even though when the project originally came before the Board it was a multi-family project requiring review under multi-family standards. He said that the applicant has changed the design to duplexes and review will be under that standard. Insofar as the applicantminimize soil erosion and comply with Maine State Plumbing Code.” He said the applicantprovide better treatment and cleaning of the storm water prior to discharge into the downstream watershed.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Shiers questioned the applicantthe applicantlandscaping or for access, but they have not done so. Mr. Shiers said he agreed with Ms. Robie that the slopes have to be used in order to claim it. Mr. Shields said the Board needs to be careful not to force the applicant to put a building on the slopes. Mr. Hughes said it does not have to be utilized for a structure to be part of the development plan. Mr. Boyce asked Mr. Morrell to show on the plan where the slopes are; Mr. Morrell shows contour 192 to 226, and a discussion followed thereafter about the location of the slopes. Mr. Parker asked the applicant what was envisioned as being done on the slopes as part of the plan, if not building buildings on it; Mr. Morrell replied that at this time, they were proposing nothing on the slopes. Mr. Morrell indicated that if the Board wanted them to provide landscaping or a picnic area, they would be willing to do that, but their opinion is they can build on the slopes but have enough flat ground so
they donand two of the buildings are approximately 4 to 5 feet buried into the back of the hill. Mr. Grant asked for a show of hands of those Board members who feel the applicant has shown it can use those slopes in their calculations: 3 agreed (Grant, Parker and Hughes), 4 disagreed (Shiers, Boyce, Robie and Neily). Mr. Neily quoted the Comprehensive Plan
Michael Parker MOVED and Douglas Boyce SECONDED a motion to table the preliminary approval of John S. Hawrylo, Jr.___________________________________________________________________________________
Stretch Break from 9:00 p.m. to 9:10 p.m.
7. SITE PLAN PUBLIC HEARING
Request for approval on a proposed 8,146 SF building expansion to Lake Region Furniture at 673 Main Street. Zoned RC Roadside Commercial; Map 12/Lot 27.
Les Berry, BH2M Engineers, appeared on behalf of the applicants to discuss certain changes to the plan based on comments from the Townby the Planning Board and the Public Works Director. Mr. Berry said he spoke to Mr. Lorfano, who commented that all parties must agree before the entrance can be changed, and that certain changes to the entrance would have to come back as Portland Covereach side of the building which could be used for future expansions or parking as needed and that the applicants are asking for a waiver of the parking requirements, and that lighting plan details will be added to the plan.
Mr. Shields presented the staff report, stating that the applicants have an agreement with the abutter to purchase adjacent land as possible parking which could be used in the future if the use ever changes. He said there is a plan note that would require Planning Board approval for any change of use and to review traffic and parking requirements. Mr. Shields said that the Board has the authority to reduce the parking requirements when the applicant has demonstrated that the parking demand will be lower than that established by the section. He indicated that the photometric plan details for the proposed lighting which were transferred to the site plan missed several lights which will be applied to the plan prior to Planning Board endorsement of the Mylar. Mr. Shields also discussed the sewer issue,
confirming that neither the Portland Water District nor the Town want ownership of it, which unfortunately will cause complications should Portland Cover want to tie into it, as it will not be a public system. Mr. Shields said that the Council will have to approve an easement in the public right of way, and it would benefit the applicant to secure the easement prior to the start of construction of the building. He suggested that a Condition of Approval might require getting an easement is done before a building permit is issued. Mr. Shields next commented on the outstanding traffic issues remaining to be addressed as brought up by the Towneasement with the abutter, who probably will propose some changes to the sidewalk and curbing when he comes in with his site plan. Mr. Shields commented that a simple solution to solve the Main Street problems of vehicles crossing centerline and the drive alignment is to remove part of that curb and shift the driveway entrance over to the right or make it wider within the parking lot, which would result in an increased radius and allow trucks to leave the site without crossing the centerline. However, Mr. Shields pointed out that the easement is being shared with an abutter who will probably come in with a plan of his own in the future. He said that Ms. Morabitoadversely the abutter at all and both abutters need to agree on how to improve the situation. He said Mr. Lorfano has indicated he would not be in favor of enlarging the entrance to the east without enclosing it to the west.
Mr. Grant said he did not believe that the Board would conclude its consideration of this Item before 10:00 p.m., and the last Item on the Agenda, if it is not heard tonight, will be moved to Monday, March 24, at 7:00 p.m. in the cafeteria.
Douglas Boyce MOVED and Susan Robie SECONDED a motion that the 10:00 o
PUBLIC COMMENT PERIOD OPENED: Peter Hedrich, Gorrill-Palmer Consulting Engineers, appeared on behalf of the abutter Portland Cover, and referred to the letter he had written to clarify the points he was trying to make. He pointed out the triangular area running across the right of way and toward the Portland Cover building and said it is a cross-access easement that Portland Cover has over Lake Regionintersection. He said it would be the best approach for Lake Region as well to accommodate their access aisle, which now runs right into the curbing, forcing a jog for vehicles to exit out that driveway. Mr. Hedrich said that he strongly suggested that the alignment be changed in Lake Regionforced main to the north side of their driveway so that Portland Cover could connect in the future. He commented that PUC regulations don
David Cairns, Portland Cover, said that Mr. Hedrich failed to mention that the shared access is in the public right of way. He said he is willing to work with Lake Region Furniture to re-work the side of the driveway to make it a better entrance for everyone. He commented that he would like to work with the Town to tie into a public sewer, perhaps what the Grondins are proposing. Mr. Shiers said he thought the Board was being asked to dovetail two applications together, and while he is sensitive to the issues involved, the application before the Board is that of Lake Region Furniture and the sewer issues of Portland Cover are not relevant at this time but could be worked out between the two parties. Mr. Cairns commented that it was not timely to bring forward his application to coincide with
that of Lake Region. Mr. Boyce asked Mr. Cairns if he would be willing to allow the curb cut that fronts on his property on Rt. 25 to be closed in conjunction with the widening to the easterly side on the Lake Region property to provide the ultimate 42 foot shared driveway; Mr. Cairns said he is and has furnished a preliminary plan to Lake Region
Neal Weinstein, Esquire, attorney for Portland Cover LLC, suggested that the Grondin plan needs to be considered in conjunction with Lake Region
Mr. Grant asked Mr. Berry what the pros and cons were of cutting the curbing back; Mr. Berry replied that Mr. Hedrichradius of 35 feet on the easterly side of the driveway.” Mr. Grant asked Mr. Hedrich if he agreed with the Condition of Approval drafted by Mr. Boyce and Mr. Hedrich said they did. When asked by Mr. Grant if he agreed as well, Mr. Berry said he would eliminate the word “curb” for the radius. Mr. Boyce said he felt the curbing would enhance the designthe necessary agreements. Mr. Boyce said the curbing could be placed only in the public right of way area, authorized by the Public Works Director and undertaken by Lake Region. Ms. Burns agreed that the majority of the curbing is located in the right of way, and said her question would be if that would be acceptable to the Public Works Director. She suggested that in drafting the Condition of Approval, the Board needed to be aware that there might have to be a fall back position in the Condition in case it is impossible for the applicant to comply with it. Ms. Robie commented that she believed it is a good solution; Mr. Grant concurred. Mr. Parker said the ultimate design is perfect but he has some question about imposing anything on the abutter, and thought he heard the abutter say he would be pleased to extend his curb simultaneously with opening the curb on the other side, which he would like to see in writing. Mr. Grant said that to try to
make someone else responsible for what the applicant is trying to do is not in the Boardagreed that he understood what the Board was asking him to do.
Mr. Weinstein commented that Lake Region has never asked for or received a variance for their setback and only asked for an expansion of a nonconforming structure and suggested that Lake Region purchased the 100PUBLIC COMMENT PERIOD ENDED.
Mr. Parker said he did not believe that the Bartlett Road entrance/exit has to be one way and that it could remain 2 way and be signed appropriately. The Board concurred. Ms. Robie asked how many trucks came on site per day; Mr. Stephen Crockett replied 3 or 4, and answered Mr. Hughes
Clark Neily MOVED and Susan Robie SECONDED a motion to grant the applicant
Mr. Grant said that as far as approval of the site plan is concerned, he believed the Board concurred with Mr. Shields
Douglas Boyce MOVED and Michael Parker SECONDED a motion to postpone final approval on a site plan to construct an addition and associated site improvements until the details are finalized and the applicant is ready to come back to the Board. Motion CARRIED, 7 ayes [10:34 p.m.]
8. ADJOURNMENT
Michael Parked MOVED and Douglas Boyce SECONDED a motion to adjourn. Motion CARRIED, 7 ayes [10:35 p.m.]
Respectfully submitted,
_________________________
Barbara C. Skinner
Secretary to the Board
____________________, 2003
R:\PLAN\PLBD\AGENDAS\MINUTES\PBmn03Fy\PBMN031703Sec draft.doc
2. PRIVATE WAY - “PERKINS WAY” 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 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;
4. That within 30 days of approval or prior to the issuance of any building permits, the applicant shall provide property line information and site information in auto-cad format to the Town Planner;
5. The private way shall be maintained for emergency vehicles year-round;
6. The private way shall be designed and constructed to conform to the standards for private ways as presented in the Land Use and Development Code, Town of Gorham, Section V, Subsection H, latest revision.
7. The Town of Gorham shall not be responsible for the maintenance, repair, plowing, or similar services for the private way shown on this plan, and if the private way has not been built to public way standards, the Town Council will not accept it as a public way.
8. All construction and site alterations shall be done in accordance with the erosion prevention provisions outline in the “Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices,” Cumberland County Soil and Water Conservation District, Department of Environmental Protection, dated March 1991
9. That prior to the commencement of construction of the private way, the applicant shall request a pre-construction meeting with the Town staff and the Town's inspecting engineer and will be responsible for the scheduling and coordination of all required inspections and testing during the construction of the Private Way;
10. That prior to issuance of any occupancy permits, all homes shall be properly numbered with the number visible from the street year round;
11. 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;
12. That prior to the issuance of an occupancy permit for any of the undeveloped lots served by the private way, the Town
13. That the plan of the private way 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 shall be returned to the Town Planner.
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