 |
Town of Gorham
May 5. 2003
PLANNING BOARD MINUTES
LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
DOUGLAS BOYCE, Vice-Chair. DEBORAH FOSSUM, Dir. of Planning & Zoning
CLARK NEILY AARON SHIELDS, Planning Assistant
MICHAEL PARKER BARBARA C. SKINNER, Secretary to the Board
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
HAROLD GRANT
THOMAS HUGHES
Douglas Boyce, Vice-Chairman, called the meeting to order at 7:00 p.m. The Secretary called the roll, noting the absence of the Chairman, Harold Grant, and Thomas Hughes.
1. APPROVAL OF MINUTES: APRIL 7, 2003
Mr. Boyce commented that the Planning Director received correspondence from Portland Cover, dated May 1, 2003, (attached hereto and incorporated herein by reference) expressing concerns about the completeness of the minutes relative to issues of concern to that party. Mr. Neily asked that his name be corrected as seconder to the motion approving the March 17, 2003 minutes, and asked how the Portland Cover correspondence would be handled. Mr. Boyce responded that the concerned party has taken exception to his view of what the minutes contain and it is up to the Board to decide whether the minutes reflect an accurate representation of what transpired at the meeting.
Clark Neily MOVED and Richard Shiers SECONDED a motion to approve the Planning Board minutes of April 7, 2003, as written and distributed, with the correction of Mr. Neily____________________________________________________________________________________
2. FINDINGS OF FACT - “LAKE REGION FURNITURE” Approval of the Findings of Fact for the 8,146 building expansion to Lake Region Furniture at 673 Main Street. Zoned Roadside Commercial; Map 12/Lot 27.
Mr. Boyce explained that the Findings of Fact, attached hereto and made a part hereof, were being presented for approval by the Board. Mr. Boyce asked if the applicant was comfortable with having the Findings of Fact being approved without being read verbatim into the record; Mr. Steve Crockett said that the Findings looked great.
Susan Robie MOVED and Richard Shiers SECONDED a motion approving the Findings of Fact for the expansion of Lake Region Furniture proposed by Crockett Brothers Corporation as prepared. Motion CARRIED, 5 ayes (Mr. Grant and Mr. Hughes absent) [7:10 p.m.]
___________________________________________________________________________________
3. ZONING MAP AMENDMENT - REPEAL CONTRACT ZONE II / REZONE AS RURAL DISTRICT PUBLIC HEARING
Request to terminate the contract zoning agreement between the town of Gorham and Hans C. Hansen, Inc. for the Brookdale Business Park off Route 22 and rezone the 8.28 a parcel as Rural/Stream Protection. Map 4/Lot 6.004, 6.005 & 6.006.
Mr. Boyce announced that Mr. Shiers was excused from participating in the discussion of this item.
Thomas Greer, P.E., Pinkham & Greer, appeared on behalf of the applicant, stated that they believed that when the Contract Zone expired the zoning automatically reverted back to the Rural District and therefore asked the Board to consider a waiver of fee as they believe that the opinion of the Town Attorney varies from theirs. He said they were willing to go through the process but wanted the Board to consider a waiver of the fee as well as sending a positive recommendation to the Town Council to rezone the property to the original Rural District.
Ms. Fossum presented the staff comments, saying that there are three provisions in the Contract Zone which create the requirement for the termination: (1) the termination must be done through the Town Council; (2) the Contract Zone is the sole zoning for the property, which the Town Attorney asserts prevails over the other which says that it reverts to the underlying zoning. Ms. Fossum referred to the Town Attorneyin the Land Use and Development Code which would permit the Planning Board to waive the fee.
PUBLIC COMMENT PERIOD OPENED:
Hans Hansen, Hans C. Hansen, Inc., thanked the planning staff for moving as fast as they can through legal means, saying it was a war on words between attorneys and that his having to pay another fee is double jeopardy.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily commented that any decision on the waiving of fees lies with the Town Council and not with the Planning Board. Mr. Parker asked staff what costs to the Town are involved in terminating the Contract Zone and reverting the zoning back to the original; Ms. Fossum replied that there has been contact with the Town Attorney, the Town Attorneywithin the Board
Clark Neily MOVED and Susan Robie SECONDED a motion to recommend to the Town Council termination of the expired contract zoning agreement between the Town of Gorham and Hans C. Hansen, Inc. for the Brookdale Business Park and approval of the request to amend the official zoning map and rezone the area as Rural District. Motion CARRIED, 4 ayes (Mr. Grant and Mr. Hughes absent, Mr. Shiers excused). [7:20 p.m.]
____________________________________________________________________________________
Mr. Shiers rejoined the Board.
4. SUBDIVISION AMENDMENT Request for amendment to the pump station easement depicted on the recorded subdivision plan. [Postponed from December 2, 2002] Zoned Suburban Residential; Map 117, Lots 1-78.
Thomas Greer, Pinkham & Greer, appeared on behalf of the applicant, and spoke to the Board about the 8-1/2 by 11 inch plan presented, which shows the proposed easement with metes and bounds around it, saying that the pump station as installed fits inside the original right of way, and the electrical panel that was installed is a couple of feet outside the original right of way. He said that discussions with the staff and Portland Water District indicated that more area around the pump station would be required, so the applicant has provided an extra 25 feet of easement on each side of the 50-foot part of the right of way, and 16 feet behind it, allowing plenty of room. He said the area is common open space and will remain as lawn area around the pump station and provides an extra measure of space in which
the PWD can operate and maintain the pump station.
Mr. Boyce asked staff if the 8-1/2 by 11 inch plan was the instrument that gets recorded, or does one of the subdivision maps get revised and recorded. Ms. Fossum replied that there are means by which smaller plans can be recorded in the Registry. She said this has been done in the past in a few cases where something of this nature has been recorded, but she indicated that earlier in the evening Les Berry, the review engineer for the street inspections in Heartwood Subdivision, had cautioned her that the Registry may not accept this size plan, the minimum size that they may accept is 12 by 18. She said that the applicant had proposed that the current 8-1/2 by 11 inch plan be attached to the Decision Document, but since she had only learned this prior to the meeting, she had not yet been able to discuss
the matter with the Town Attorney. She said she had understood that it would be a smaller plan, but recorded the way plan amendments are recorded. She said should the Board want to approve the plan as drawn, she would suggest that it be conditioned on two things: (1) confirmation from the Town Attorney that this is a satisfactory way to put this on notice in the Registry, and (2) final comments need to be secured from the Portland Water District. Ms. Fossum reminded the Board of the history of the street acceptance issue, where it was discovered that some of the sidewalks were not located within the proposed right of way, as well as the pump station not being completely located within the right of way shown on the signed plan, and the Boardthe applicant
Mr. Boyce asked Mr. Greer if there were multiple mylar sheets for the subdivision plan; Mr. Greer replied that there are and the plan under discussion shows Caitlin Drive. Mr. Parker asked staff why the item was under consideration on the agenda when two unanswered question still remain, and if this should be postponed until there are answers. Ms. Fossum explained the Town CouncilFossum said that when the revised easement was received before the meeting, the Town Attorney was not available for comment, and it was not until Mr. Berry made his comments prior to the meeting that Ms. Fossum realized that the size of the plan might pose a problem at the registry. Mr. Neily asked if the Board was being asked to revisit the question of the street acceptances and had the corrections to the roads been made; Ms. Fossum said that a final inspection of the work done of the streets was scheduled for the morning of May 6, 2003. Ms. Fossum confirmed that the Board does not have to recommend acceptance of the streets at this time, and if the question comes back before the Board, it would have to be at the recommendation of the Town Council. Mr. Shiers asked if there would be any adverse impact if the item were to go forward, and that the issues remaining are housekeeping items and not Planning Board items. Ms. Fossum said if the PWD advises that
this is not acceptable to them, it would have to come back to the Board; if it is acceptable to them, it can proceed forward, and if the Town Attorney said that the plan is adequate procedurally, it could go forward. However, if the Town Attorney said that the developer would have to present it differently or amend it, it would also have to come back before the Board. Mr. Boyce said he viewed the issue as one of location definition, and that if it were approved, would it have to be come back before the Board for signature at a subsequent date in the form of a mylar. Ms. Fossum said the Board would be asked to sign a paper copy this evening and if that is satisfactory to the Town Attorney and can be processed in the Registry it will go forward; if it cannot but there are no substantive changes, Mr. Greer will prepare a mylar for the Board to sign. Mr. Greer said that in the past they have not encountered any difficulties in attaching 8-1/2 by 11 sketches,
plans, attachment “A,” etc., to instruments that have been recorded, and that he felt that by attaching this to the Decision Document, it would get recorded without a problem. He said if there was a problem, they would put it on a bigger piece of paper. Mr. Boyce asked for confirmation that this would be filed in the proper location at the Registry; Mr. Greer said he believed that it would be. Ms. Fossum said that the revised easement is being presented to the Portland Water District as a courtesy because there is a change. In response to a question from Mr. Parker, Mr. Greer replied that the easement was put on the plan last December. Mr. Parker said he has no problem with the easement, but he has a problem with 11th-hour submissions with changes the night of a Planning Board meeting when the issue has been known for months. Mr. Greer said they made the changes the staff asked for this afternoon. In clarification,
Ms. Fossum said that the applicant has known since December that these changes needed to be made, and they were shown to the Board in December on a full-scale subdivision plan, along with a number of other easement changes, which the applicant decided not to go forward with. She said that on April 25 the applicant submitted the new easement. Mr. Boyce asked if future changes occurred to the plan that has this easement, would this easement be included; Mr. Greer replied that if it occurred through his office it probably would be. Mr. Boyce asked staff to articulate the conditions of approval that should be included in the motion on this item. Ms. Fossum replied that the conditions would be one providing that the Portland Water District concurs with the proposed easement and one providing that approval is subject to the Town Attorney
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Susan Robie MOVED and Richard Shiers SECONDED a motion to grant approval of the proposed amendment to the pump station easement in the Heartwood subdivision which shall be recorded in the Cumberland County Registry of Deeds and cross-indexed to the recorded Plan of Heartwood Subdivision pursuant to the two conditions listed by the Town Planning that (1) the form of the amendment is acceptable to the Registry of Deeds and (2) that the amendment is acceptable to the Portland Water District. Motion CARRIED, 5 ayes (Mr. Grant and Mr. Hughes absent). [7:45 p.m.]
_____________________________________________________________________________________
5. FINAL SUBDIVISION & PRIVATE WAY Request for approval for a 5-lot subdivision and 800
Andy Morrall, BH2M Engineers, appeared on behalf of the applicants and said that since appearing before the Board on March 17, 2003, a few revisions have been made such as altering the street addresses and map and lot numbers at the Assessor
Mr. Shields presented the staff comments, saying that on March 17 the Board in a straw poll indicated that they did not think the future right of way was necessary as the application was for a private way, but he had asked the applicant to include it on the plans anyway, and he needed the Board to make a determination as to what their policy would be on similar applications in the future. He said that there would be several changes on the plan notes before the mylar would be signed, but overall the plans were in good shape. Mr. Boyce said he would prefer to leave policy questions about rights of way on private ways to a workshop meeting and deal only with what is before the Board tonight.
PUBLIC HEARING PERIOD OPENED: None offered.
PUBLIC HEARING PERIOD ENDED.
Mr. Shiers asked Mr. Morrall whether the applicant volunteered to put in the right of way; Mr. Morrall replied that the applicants did not resist when it was recommended that it be put in. Ms. Fossum said that the question of the continuation to adjoining land for future roadway extensions has come up in the past, and in the Street Standards there is a requirement that on any subdivision plan, the Planning Board shall provide for road continuation to limit unnecessary curb cuts and for provide for street access to undeveloped adjoining land. She said that this has been required over the years unless the Board made a very specific finding based on the provisions of the section that either the topography was not suitable for access or the project was surrounded by wetlands and there was no suitable land
available for continuation. She said the Streets Standards are currently under review with consulting engineers, and this issue is high on the priority list and would be one of the items considered.
Clark Neily MOVED and Michael Parker SECONDED a motion to grant final approval of Santo and Gina and Frank and Cheryl DiDonato____________________________________________________________________________________
6. PRE-APPLICATION CONFERENCE / SUBDIVISION & PRIVATE WAYDiscussion on a proposed 6-lot residential subdivision with a 1,070 foot private way “Faith Drive” on 19.89 acres off 84 Deering Road on land of Beaumier. Zoned Rural/Manufactured Housing-Shoreland Zoning; Map 14/Lot 6.3.
Calvin Beaumier, Principal of Beaumier Development Corp., presented an overview of the project to the Board, apologizing for the absence of his engineer, Bud Benson, who is the Planner for Standish and is unable to attend Monday night meetings due to his other duties. He said that the engineer would be able to attend a site walk to answer any of the Board
Mr. Shields presented the staff comments, commenting that this application is an amendment to a previously approved subdivision and is also the remaining land of another subdivision, Seven Pines Subdivision. The existing house will have its frontage off Deering Road, and six lots will be served by the private way. He said there is a flood plain to the rear of the property, and the 113 to 114tax map provided, but the site walk will show the topography and perhaps the Board at that time could give the applicant some guidance about access to abutting lands.
PUBLIC COMMENT PERIOD OPENED:
Donna Bayreuther, 11 Julia Drive, asked if the site walk would be open to the public. Mr. Boyce confirmed that the site walk is open to the public; Ms. Fossum explained the notice process.
Ms. Fossum read into the record a letter from Lonnie and Janice Mitchell, 85 Deering Road, (attached hereto and made a part hereof), expressing their concern about the location of the proposed private way.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker asked Mr. Shields to explain how this application is associated with the previously approved subdivision. Mr. Shields explained that this is the other half of a 40-acre lot of Roland Hale, the first half being Seven Pine Subdivision. He said the other subdivisions went through Rural Land Management, but in this case the density will be on its own merits. Mr. Shields confirmed that a subdivision lot is being subdivided. Mr. Neily expressed his agreement with Mr. Boyce that the Board examine its position on access easements to adjoining lands at a workshop meeting to establish some kind of policy. Upon being asked by Mr. Boyce if he had any comments, Mr. Frick said he would rather wait until after the site walk.
Mr. Boyce directed staff to schedule a site walk. [8:15 p.m.]
Stretch Break from 8:15 p.m. to 8:25 p.m.
7. PRE-APPLICATION CONFERENCE SUBDIVISION & PRIVATE WAY Discussion on a proposed 5-lot subdivision and 971 private way on 13.86 acres off Wood Road on Land of Holman. Zoned Rural/Shoreland Zoning; Map 54/L9.004.
Les Berry, BH2M Engineers, appeared on behalf of the applicant, and introduced Craig Holman, owner of Holman Development Corporation. Mr. Berry discussed the history of the parcel, explaining that in 2001 an application on the same piece of property was tabled because of gifting issues, but the project came back to life due to the change from the RLMS method of calculation to net density method of calculation. The present plan is identical to that presented before, with the current calculations permitting 5 lots. Mr. Berry discussed the issue of “marginal soils” that had been raised two years ago, fire protection to be sprinklers instead of a fire pond, access to adjoining land is something to consider on a site walk, and a NRPA wetland permit will be required.
Mr. Shields presented the staff comments, concurring with Mr. Berry that it would be helpful for the Board to consider the question of access to adjoining land at the site walk.
PUBLIC COMMENT PERIOD OPENED: Mike Wing, 104 Wood Road, spoke on four issues: (1) soil and topography conditions, particularly “marginal” conditions; (2) the Planning Board setting a precedent for the area with an approval of this project; (3) impact of traffic on the area; and (4) seasonal conditions. He commented that as a result of the poor perkability of the soil, his septic system is 450PUBLIC COMMENT PERIOD ENDED.
Mr. Neily commented that the printing on the applicant
Mr. Boyce requested staff to schedule a site walk. [8:45 p.m.]
_____________________________________________________________________________________
8. PRELIMINARY & FINAL SUBDIVISION & SITE PLAN PUBLIC HEARING (cont.)
Request for preliminary and final approval for an 7-unit condominium development on a 2.64-are parcel at 38 Water Street on land of Hawrylo and Kelly. Zoned Urban Residential; Map 101/Lot 20.
Andy Morrall, BH2M Engineers, spoke on behalf of the applicant and said that the density calculations have been redone, yielding 7 lots instead of 8, a walking trail, picnic area and landscaping have been added to the plan along the steeper sloping areas of the property, tying the trail into the existing walking trail adjacent to the Charles Hannaford property. Mr. Morrall said the applicant was proposing a “woods trail,” choosing the best location for the trail with as little grading as possible. He said that the Portland Water District was satisfied with the plans.
Mr. Shields presented the staff comments, saying that the applicant had made changes in response to the Boardplans that show a turnaround being constructed with a material which allows grass to grow and still permits fire equipment to maneuver as necessary. Mr. Shields also touched on the question of sidewalks on Water Street that was raised at the March 17 meeting, stating that Water Street has a 33-foot right of way, there are trees, hydrants, etc., in the space, some areas have 3 feet, plus or minus, of space between the existing road and the edge of the right of way and some areas have 10 feet, plus or minus, of space. He indicated that the Public Works Director has no plans to build sidewalks on Water Street. Mr. Shields that both preliminary and final approval is being sought on the project because all of the necessary changes have been made and all the legal documents are ready, and the Board could waive its conditions and include final approval in an amended motion. Mr. Boyce asked for a reiteration of the Public Works Directorsidewalks; Mr. Shields replied that it is the Public Works Director
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily commented that while initially he was interested in the possibility of installing sidewalks on Water Street, but realistically now he feels that sidewalks are not feasible. He commended the developer on his plan for the site. Mr. Boyce concurred with the assessment on the sidewalk issue, and commented that it would be useful to have a Master Plan which would show in various areas how needed infrastructure could be created. Ms. Robie complimented the developer on his plan and expressed her pleasure at the thought of a trail across the top of the hill connecting with other trails, but suggested that picnic tables might become a maintenance problem. Mr. Shiers echoed the commendations to the developer and said that he did not believe sidewalks were appropriate for Water Street. Mr.
Parker said he appreciated the imaginative plan proposed by the developer, but expressed concern about giving final approval without a final plan for the trail that will not compromise the hillside. Mr. Morrall said that they would probably show a trail in a similar location but without grading, tree lines, and it would be more of a construction designed trail, planned as it is being built. Mr. Morrall answered a question from Mr. Parker saying it was their hope that designing the trail as a woods trail would prevent it from being used by ATVs and snowmobiles. Mr. Boyce asked staff about the liability that runs with this type of trail; Mr. Shields said he understood that the developer would give an easement over the trails to the Town of Gorham. Mr. Morrall replied that they were proposing a 15-foot wide access easement on both trails. Mr. Shields said they have submitted all their legal documents, requiring only minor changes, but there is a standard
condition of approval that could be added that legal counsel is satisfied with the legal documents prior to signing the plan mylar. Mr. Boyce said he felt such a condition should be established and the mylar should be revised to show any trail easement and agreed to by the Town Attorney before it is signed by the Board. A discussion on the location of the trail followed, with Mr. Shields saying that there would be no engineering attached to it, that it would be designed as it was created. Mr. Shields said that if the Board chooses to grant preliminary and final approval, he suggested the following language be added: “Move to waive the procedures leading up to the final approval required under Sections 3 and 4 of Chapter III, and grant preliminary and final approval of John S. Hawrylo
Clark Neily MOVED and Susan Robie SECONDED a motion to waive the procedures leading up to the final approval required under Sections 3 and 4 of Chapter III, and grant preliminary and final approval of John S. HawryloDISCUSSION: Mr. Parker expressed concern that in order to have an easement on a 15-foot wide corridor, the trail must first be located, and the Board is approving something that is not complete, and suggested postponing final approval until the next Board meeting. Ms. Fossum commented that the next meeting will be May 19. Mr. Hawrylo said that if the trail is worked as they go, there is no way to do any engineering without spending considerable money in advance to spot the trail, which would probably change anyway. He said that the trail would have to shown as “as built” at a later date, but they would provide the language in the documents to establish an easement for the trail. Ms. Fossum asked if the foot path could weave within the 15 feet; Mr. Morrall said
that the location showing for the trail was the flattest location from top to bottom, giving the lowest grade, and that they could probably get the trail within the 15-foot easement provided, but practical considerations might change it, such as trying to save a particular tree. Mr. Boyce asked if the applicant could identify a 50-foot corridor running along the northerly property line within which there would be a trail constructed, then to be encumbered with a 15-foot easement from the centerline of the trail. Mr. Shields suggested that if Mr. Morrall can commit to staying within the 15-foot easement area, the easement area does not have to have a legal description if it is referred to as “shown on the plan” in the legal documents, and if they have to go outside the easement area, the worst case scenario would involve the developer coming back for a simple amendment on the plan. Ms. Fossum said they could widen the easement from 15 to 20 feet.
Mr. Boyce confirmed that the “conditions as discussed with the applicant at tonightMotion CARRIED, 5 ayes (Mr. Grant and Mr. Hughes absent). [9:25 p.m.}
_____________________________________________________________________________________
9. ADJOURNMENT
Richard Shiers MOVED and Susan Robie SECONDED a motion to adjourn. Motion CARRIED, 5 ayes (Mr. Grant and Mr. Hughes absent) [9:29 p.m.]
Respectfully submitted
____________________________
Barbara C. Skinner
Secretary to the Board
May 5, 2003
P:\TOWN\PLAN\PLBD\AGENDAS\MINUTES\PBmn03Fy\PBMN050503sec draft.doc
2. FINDINGS OF FACT - “LAKE REGION FURNITURE” FINDINGS OF FACT AND CONCLUSIONS OF LAW
Project: Lake Region Furniture Expansion
Applicant: Crockett Brothers Corporation
Decision Date: April 7, 2003
Pursuant to the provisions of the Gorham Land Use and Development Code, the Gorham Planning Board has considered the application of Crockett Brothers Corp. for the approval of a site plan for the expansion of an existing non-residential building with related improvements to parking and vehicular circulation, and has found the following facts, based upon the application, all submitted plans and information, and testimony provided at the public hearings:
FINDINGS OF FACT:
Crockett Brothers Corp. is the owner of Lake Region Furniture and the applicant seeking approval of the site plan application.
2. The property is located on Route 25 in the Town of Gorham and is shown on the Town
3. The applicant has demonstrated right, title and interest in the property, located at 673 Main Street, which is also encumbered by an access easement benefiting adjacent property.
4. The applicant is proposing to expand the existing retail and warehouse portions of the existing Lake Region Furniture retail store and warehouse. The expansion project will also include façade improvements to the building and reconstruction of the parking and vehicle circulation areas of the site. The warehouse will be enlarged by 1486 SF and the area of the retail store will be increased by 6660 SF. An antiquated block storage building at the rear of the property will be demolished. The truck loading and delivery area will be modified and improved. The access points onto Main Street will be retained with minor modifications to striping and signage for better definition of travel ways. An additional entrance/exit will be constructed to
Bartlett Road. This will be utilized as the main entrance for delivery and pick up vehicles. The parking and circulation areas will be reconstructed with paving, striping, drainage structures and landscaped areas with several additional parking spaces created in the area of the new driveway on Bartlett Road.
5. The proposed use is a permitted use in the zoning district.
6. The existing building is a grandfathered non-conforming structure. The applicant obtained Board of Appeals approval on November 21, 2002, for the enlargement of a non-conforming structure.
7. The applicant submitted a site plan application for review on October 8, 2002. The Planning Board held a preapplication conference with the applicant on November 4, 2002; conducted a site walk of the proposed development on November 16, 2003, held a discussion on February 3, 2003, and held a public hearing on this application on March 17, 2003 and April 7, 2003, granting final approval of the application, subject to conditions of approval on April 7, 2003. All required public notices were given in advance of the site walk and the public hearings.
8. The proposed building expansion and parking area improvements were reviewed under the Site Plan Review Standards in Chapter IV of the Land Use and Development Code.
CONCLUSIONS
Site Plan Review Criteria (Chapter IV, Section IX)
Utilization of the Site: The site is an existing commercial retail site that is being upgraded to accommodate the building expansion, while at the same time improving the access and parking. The site is currently developed with buildings and support facilities; which are located on the most suitable conditions for development. There is a natural drainage area to the rear of the building and will be preserved in its natural state. No wetlands, steep slopes, floodplains or other unique natural features are located within the site.
Access to the Site: Access to the site is currently provided via State Route 25, a state highway with adequate capacity to accommodate the additional traffic generated by the proposed development. The use is estimated to create 15 trips in the peak hour. The applicant is also proposing to create a new entrance/exit drive to Bartlett Road, an existing public street, which will improve access to the warehouse loading area at the rear of the building.
Access into the Site: The proposed access into the development will provide for safe and convenient access. The Northwesterly entrance/exit onto Main Street has been modified along the applicantplans and found them satisfactory from a traffic engineering and circulation standpoint.
Internal Vehicular Circulation: The main vehicular access to the site is via two driveway entrances from Main Street. A secondary driveway from Bartlett Road facilitates truck deliveries and also permits customer vehicle access. All three driveways are to be upgraded as part of the site improvements. Internal vehicular circulation will be updated to current town standards for 24 foot aisle widths and 9
Pedestrian Circulation: The proposed site improvements provide adequate internal circulation for pedestrians.
Stormwater Management: The existing site is mostly paved flat surface and buildings. Stormwater currently sheet flows across grassy buffers to existing drainage swales on the east and west of the site. The new drainage will retain this configuration and will provide snow storage in the east and west areas indicated on the plan sheet H-1. The project does not require an MDEP permit.
Erosion Control: The project will employ suitable erosion control measures.
Water Supply: The site is supplied by public water.
Sewage Disposal: The applicant is proposing the construction of a private sewer line in Bartlett Road connecting into the existing public sewer at the nearest point in Bartlett Road. The applicant will be required to obtain a sewer permit from the Town of Gorham and will be responsible for the operation, maintenance and or repair of this line as outlined in a memo dated March 12, 2003 from the Public Works Director, attached hereto.
Utilities: Existing overhead electric and telephone utility services to the building will be maintained.
Natural Features: The site has been fully developed for some time, with natural vegetation and trees having been removed, if they even existed at the time, several decades ago.
Groundwater Protection: The proposed site development and uses will not adversely impact either the quality or quantity of groundwater available to abutting properties or public water systems.
Exterior Lighting: Two metal halide fixtures will be installed in the parking lot at opposite ends of the main parking areas. Five wall mounted cut-off fixtures will be installed on the building face near the entrances and at the service doors. A lighting photometric was submitted by the applicant, and reviewed and found satisfactory by the Town
O. Waste Disposal: The applicant proposes to use a licensed trash hauler for trash and waste disposal, which will provide for adequate disposal of waste generated on the site.
P. Landscaping: The site improvements include landscaping improvements designed to enhance the development and to screen the parking from the road.
Q. Shoreland Relationship: The project is not located within the Shoreland Overlay District.
R. Technical and Financial Capacity: The applicant has submitted a letter from Norway Savings Bank, a financial institution with which it has done business for twenty years, which indicates the applicant's financial ability to undertake and complete the project.
S. Buffering: The applicant is not required to provide additional buffering because adjacent uses are commercial in nature and similar in type to existing surrounding uses.
Additional Review Issues
· Signage: A stonewall will be constructed around the existing freestanding sign and a new channel lit neon lettered sign will be added to the building.
· Parking Reduction: The Planning Board granted the applicantthe required amount will not detract from neighborhood property values, inconvenience the public, or increase congestion on adjacent street. The 50 parking spaces will provide adequate on-site parking for the use.
· Portland Cover Leach field: The leach field for Portland Cover is located under the existing parking lot on Lake Region
Based upon the above findings and conclusions, the Gorham Planning Board voted 7/0 to approve the Lake Region Furniture application for site plan review, subject to the conditions of approval shown on Exhibit A.
5. FINAL SUBDIVISION & PRIVATE WAY 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 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 prior to occupancy each house within the subdivision 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 Fire Chief and Police Chief;
That all homes within the subdivision will be sprinkled and the sprinkler plans must be submitted to the State Fire Marshal
The applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and
That these conditions of approval and the Final Subdivision Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
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;
The private way shall be maintained for emergency vehicles year-round;
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.
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.
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;
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;
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
That prior to the commencement of construction of the private way, the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the paved apron;
That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town
That the original plan of the private way and the approved 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.
8. PRELIMINARY & FINAL SUBDIVISION & SITE PLAN WATER STREET 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, or proposals and supporting documents is subject to review and approval by the Planning Board except for minor changes which the Director of Planning and Zoning may approve;
2. That all buildings shall meet all applicable sections of the 101 Life Safety Code;
3. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
4. 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;
5. That the site improvements shall be completed as shown on the approved plans prior to request for permits for the buildings; or a performance guarantee, covering the remaining site improvements shall be established through the Planning Department; and
6. That prior to the commencement of any site improvements and/or earth-moving activities, representatives of the developer, general contractor, site contractor, and the site design engineer shall arrange for a pre-construction meeting with the Town Planner and other staff members to review the proposed commencement date of the project, the overall schedule of improvements, conditions of approval, and site plan requirements;
7. 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;
8. That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;
9. That the applicant shall be responsible for the cost and installation of all required street signs to be placed in locations approved by the Fire Chief and Police Chief;
10. That the applicant shall provide property line information and site information in auto-cad format to the Town Planner;
11. The applicant shall create a homeowners association or other legal entity acceptable to the Town and shall submit the association documents or declaration creating the association or other legal entity in a form acceptable to the Town Attorney.~ The documents or declaration shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair, and plowing of all streets within the subdivision, and shall state that the homeowners association and/or the lot owners shall be responsible for all costs related to the street.~ The applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 90 days of the date of approval of the subdivision by the Planning Board; and
12. 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 Board
| |
