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Town of Gorham
June 16, 2003
PLANNING BOARD MINUTES
LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine
Members Present: Staff Present:
THOMAS HUGHES DEBORAH FOSSUM, Dir. of Planning & Zoning
CLARK NEILY
MICHAEL PARKER
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
HAROLD GRANT, CHAIRMAN
DOUGLAS BOYCE, VICE-CHAIRMAN
Mr. Clark Neily called the meeting to order at 7:00 p.m. Ms. Fossum called the roll, noting that Harold Grant and Douglas Boyce were absent. Mr. Parker commented on the lack of a tape recorder on the Board
Thomas Hughes MOVED and Susan Robie SECONDED a motion that the three items on the Agenda under the Consent Agenda be considered separately so that the Board can make findings of fact on the sign appeals. Motion CARRIED, 5 ayes.
1. CONSENT AGENDA:
1) APPROVAL OF MINUTES: JUNE 2, 2003
Susan Robie MOVED and Michael Parker SECONDED a motion to accept the minutes of June 2, 2003, as written and distributed. Motion CARRIED, 5 ayes.
2) SIGN APPEAL Request for approval of a 30 SF sign for V&M Rental Center located at 393 Ossipee Trail. Zoned Roadside Commercial; M77/L15.
Mark Verrill appeared on behalf of the applicant and explained that the current sign of 15 SF is not adequate in size and they would like to enlarge the sign to 30 SF.
Ms. Fossum presented the staff comments, saying that the request by the applicant is an attempt to increase the visibility of their business, the sign will be internally illuminated, and the Board has the authority under Chapter II, Section III, B., 1-3, of the land Use and Development Code to allow the increase the maximum size of any sign by up to 50% of the allowed 24 square foot limit so long as it meets the criteria of the Code. She said that two basic Conditions of Approval were recommended by staff.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily asked that the sign be set back far enough so as not to interfere with any lines of sight. Mr. Verrill replied that the proposed location of the new sign will be approximately 9 feet off the ground and not propose a problem to sight distance.
Richard Shiers MOVED and Michael Parker SECONDED a motion to grant the request of David McCullough for a 30 SF sign based on the findings of fact and with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 5 ayes.
3) SIGN APPEAL Request for approval of a 56 SF sign for Goodwill Industries located at 102 Main Street. Zoned Urban Commercial; M102/L146.
Owen Blaisdell appeared on behalf of the applicant, stating that the applicant
Ms. Fossum made the staff comments, stating that the Code allows the Board to increase signs by 50% provided that 3 conditions are met: (1) increase in size is needed to provide appropriate visibility for the business, (2) will not detract from the value of nearby properties, and (3) will result in signs of an appropriate scale for the location of the project. She also listed the requirements for signs in the Urban Commercial District, particularly that the prohibition of internally illuminated signs, and said that the applicant is proposing to illuminate the sign with floodlights, which is allowed.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker asked about the size of the sign as stated in the Agenda item description of 56 SF, while the applicant has talked about 36 SF. Mr. Blaisdell explained that they had originally hoped to transfer a 56 SF sign from their store in Scarborough which they have closed, but changed their application and sign design to comply with the Gorham requirements.
Susan Robie MOVED and Thomas Hughes SECONDED a motion to grant the request of Goodwill Industries for a 36 SF sign based on the Board
2. MAJOR SITE PLAN PUBLIC HEARING
Request for approval of a proposed 6,450 SF industrial building on a 1.58-acre parcel of land identified as Lot 5A on the subdivision plan for Gorham Industrial Park. Zoned Industrial; M12/L33.501.
Jon Whitten, Jr., of Sebago Technics, appeared on behalf of the applicant and described the proposed building and warehouse, and said the project will have 15 associated parking spaces, underground gas, electric, water and sewer, and that the comments offered by staff and the Review Engineer have been satisfied, with the exception of a comment from Mr. Shields about the location of the dumpster, which was inadvertently left off the plans. He said that the ideal location for a dumpster would be to the right of the loading dock in a 9 by 9 impervious area, fenced in enclosure, with access from the loading dock. He said that Mr. Shields had other comments regarding certain minor details that will be shown on the plans prior to final approval.
Ms. Fossum made the staff report, stating that the remaining issues are minor, and insofar as the dumpster is concerned, it be added to the plan in whatever location works best for the applicant, with concurrence from the Code Officer, before the plan is signed by the Board. She said that the sign location can be brought back as a de minimus change. Mr. Parker asked Mr. Whitten to point to the dumpster location on the plan and that it would be on a concrete slab set at an angle so that a truck could drive in and pick it up. Mr. Parker commented that the paving might have to be modified.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Michael Parker MOVED and Richard Shiers SECONDED a motion to grant Northern Tools Supply
3. SITE PLAN AMENDMENT PUBLIC HEARING
Request for approval of a minor amendment to the previously approved plan of a 45,000 sf sports dome and playing fields at 215 Narragansett Street. Zoned Narragansett District; M39/L4.
Les Berry, BH2M Engineers, appeared on behalf of the applicant, and explained that the plan was brought back to the Planning Board because they had to make several changes to the site plan to accommodate recommendations from MDEP and also because they have redesigned the building structure to comply with the sprinkler regulations. He said that the present design calls for the building to have a steel frame to hold up the membrane, rather than air pressure holding it up, and can therefore have fire protection installed within the walls. He said that the site has received its storm water permit based on the amended site plan application.
Ms. Fossum presented the staff comments, saying that the Fire Chief is happy with the changes to the building and is satisfied that his concerns will be addressed. She said that the storm water calculations required by the DEP have been reviewed again by the Town
Mr. Hughes commended Mr. Martin for the work he has done to bring the project to completion. Mr. Neily concurred, saying that the project can be a great asset for the Town.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Thomas Hughes MOVED and Susan Robie SECONDED a motion to grant Gorham Sports Center, LLC
4. PRELIMINARY SUBDIVISION Request for approval of a preliminary subdivision plan for a 5-lot subdivision and 971
Les Berry, BH2M Engineers, appeared on behalf of the applicant and told the Board that since the site walk, the applicant has agreed to convey a small portion of property to Linda Hussey, contingent upon subdivision approval. Mr. Berry reviewed the net density calculations and subtractions which result in a net acreage of 8.7 acres, which at 60,000 SF per lot gives 6 lots. He said that the applicant is proposing 5 lots because of the shape of the land. He said that no access to adjoining land has been proposed, even though an abutter has indicated a desire for it, because the plan is for a private way and would extend into a wetland.
Ms. Fossum gave the staff report, noting that the project has been on hold for a while as certain issues were resolved. She said that the lots will be served by private wells, on-site septic systems, underground utilities and the homes will be sprinkled. Ms. Fossum said that one abutter, Mr. Joffe, has approached the Town with some questions about provision of the right of way to an adjacent parcel, which is M54/L9.004 and which has some frontage on Finn Parker Road. She said that Mr. Joffe has been advised that the road is a proposed private way to serve up to 6 lots, but a private way can serve up to 10 lots if someone were able to negotiate the necessary easements to extend the road or it could be upgraded to serve as a public road.
Mrs. Robie commented that her understanding is that all the Board needs to require is a 50-foot right of way so far as access to adjoining land is concerned. Ms. Fossum confirmed Ms. Robie
PUBLIC HEARING PERIOD OPENED:
Stephen Joffe, with Julia Colpitts, his wife, own the adjacent piece of land mentioned earlier. They live on the extended piece of land in Buxton, and while they have no plans at the present, he understood from his conversations with staff that in planning for the subdivision it may be in the best interests of the Town to reserve a right of way for future use. Mr. Joffe confirmed that he is the owner of lot 4 and has access on to Finn Parker Road. Mr. Parker commented on the issue of the extended right of way and that some Board members seem to feel that a private way should remain a private way, unless everyonepeople who are controlling the private way. Mr. Parker said he felt that the right of way should be in place, especially since the abutter has expressed a desire to have it in place, and he would not vote in favor of waiving the right of way. Ms. Robie agreed with Mr. Parker that there should be a road continuation right of way. Mr. Berry said that the applicant has no problem with the right of way, and they simply are cautioning the abutter that it is easier to deal with one person now rather than four people later. Mr. Joffe asked for confirmation that if at a later time either he or whoever owned his land decided that the private way needed to be extended, the expense of such extension or upgrading would be his, and that once the right of way is in place, it can be used. Mr. Neily explained that the Board can initiate a paper right of way but it is not something physical, nor is anyone entitled to it without getting the approval of all the abutters
on the private way before it is available for use. Mr. Neily said that the developer would have to leave the space open so that if all the abutters to the private way do approve continuation of the private way, it would be available for that purpose. Ms. Fossum said that it preserves it from being developed and is available in the future for use as a right of way, but one would have to negotiate with whoever has the fee, either all of the lot owners or perhaps just one individual, but it might make sense to talk to the developer now rather than later.
PUBLIC HEARING PERIOD ENDED.
Mr. Neily asked if it was the wish of the Planning Board to have a right of way easement established as one of the conditions of approval for this project. Mr. Parker said he wanted a right of way easement established and that the Board could require it of the developer. Ms. Fossum said a motion would be required only if the Board decided to waive the requirement. Mr. Berry agreed that they would extend the right of way.
Larry Littlefield, 120 Wood Road, expressed concerns about the proposed location of the private way, saying he felt it would impact a standing water problem he has been trying to resolve. Mr. Berry said the road would be constructed according to Town standards, with ditches on both sides, so there will be a ditch about 10 feet from Mr. Littlefield
Janet Littlefield, 120 Wood Road, echoed her husband
Susan Robie MOVED and Richard Shiers SECONDED a motion to grant preliminary approval to Holman Development Corporation_____________________________________________________________________________________
5. ADJOURNMENT
Michael Parker MOVED and Thomas Hughes SECONDED a motion to adjourn. Motion CARRIED, 5 ayes. [7:50 p.m.]
Respectfully submitted,
__________________________
Barbara C. Skinner
Secretary to the Planning Board
June 16, 2003
1. 2) SIGN APPEAL
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
2. 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.
1. 3) SIGN APPEAL
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
2. 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. MAJOR SITE PLAN
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 the applicant shall satisfy all the Fire ChiefA. That a complete set of building plans shall be submitted to the Fire Department at the time the building permit is issued.
B. That the building shall meet all applicable sections of the NFPA 101 Life Safety Code.
C. The building plans shall be submitted to the State Fire MarshalD. That the buildings alarm system shall meet NFPA 72
E. That if the building is supplied with natural gas, the gas meter and regulator shall be protected by bumper post. If propane is used, the propane tank shall be placed on a cement slab and protected with bumper post.
F. That the building, as proposed, is less then 500 cubic feet from requiring a sprinkler system; and that any addition in the future that brings the building to over the 100,000 cubic feet will require that the entire building be sprinkled at that time.
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 applicant shall provide property line information and site information in auto-cad format to the Town Planner prior to the pre-construction meeting;
6. 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;
7. 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;
8. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board3. 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 the owner or operator of the facility shall meet with the Police Chief to coordinate the provision of additional parking for any event that is anticipated to generate a demand for more parking spaces than are provided on the site;
3. That if the Police Chief determines that areas designated on this plan as future parking areas have been utilized for overflow parking on a regular basis, then the owner shall pursue site plan approval for conversion of the area to a parking lot that meets all applicable requirements of the Land Use and Development Code;
4. That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
5. That the applicant shall meet the following requirements of the Fire Chief, as outlined below:
A. That the building will be completely sprinkled meeting all requirements of the Towns Sprinkler Ordinance.
B. That the sprinkler plans shall be submitted to both the State Fire MarshalC. That the sprinkler plans shall be submitted to the Gorham Fire Department at least two weeks prior to the start of construction of the system.
D. That the building shall be all applicable sections of the NFPA 101 Life Safety Code Chapter 8.
E. That the building plans shall be submitted to the State Fire MarshalF. That one fire hydrant will be required placed in the yard of the facility. Location to be determined by the Fire Department.
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;
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7. That the applicant shall provide property line information and site information in auto-cad format to the Town Tax Assessor;
8. 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;
9. 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;
10. That the conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board
P:\TOWN\PLAN\PLBD\AGENDAS\MINUTES\PBmn03Fy\PBMN061603sec draft.doc
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