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09/22/2003 Minutes
Town of Gorham
September 22, 2003
PLANNING BOARD MINUTES

LOCATION: Gorham High School Cafeteria, 41 Morrill Avenue, Gorham, Maine

Members Present:                                Staff Present:
HAROLD GRANT, CHAIRMAN          DEBORAH FOSSUM, Dir. of Planning & Zoning
CLARK NEILY                             AARON SHIELDS, Assistant Planner
MICHAEL PARKER                          BARBARA C. SKINNER, Secretary to the Board
SUSAN ROBIE
RICHARD SHIERS
Members Absent:
DOUGLAS BOYCE, VICE CHAIR.
THOMAS HUGHES

The Chairman called the meeting to order at 7:00 p.m.  The Secretary called the roll, noting that Douglas Boyce, Vice Chairman, and Thomas Hughes were absent.


1.      APPROVAL OF MINUTES:  SEPTEMBER 8, 2003.

Michael Parker MOVED and Susan Robie SECONDED a motion to approve the Planning Board minutes of September 8, 2003, as written and distributed.  Motion CARRIED, 5 ayes (Mr. Parker and Mr. Hughes absent).  [7:01 p.m.]



2.      SUBDIVISION AMENDMENT
Request for review and approval of transfer of ownership for a 6-lot subdivision and 1,100
Ms. Fossum explained that the applicants were seeking approval of the transfer of ownership of the Branch Subdivision off Files Road, which had been approved by the Board for John Hawkes or The New Tomorrow LLC on August 18, 2003.  Ms. Fossum commented that both applicants, Mr. Sprague and Mr. Nurmi, as well as their representative, Thomas Greer, were present.  She said the applicants are required to show the Board financial and technical capacity, which they have done to staffLLC.”

Michael Parker MOVED and Susan Robie SECONDED a motion to grant approval of the change in ownership of the approved Branch Subdivision from Northwest Brook LLC to Jack E. Sprague and Thomas C. Nurmi subject to the original approved plans and attached conditions of approval posted prior to the meeting and discussed with the applicants.  Motion CARRIED, 5 ayes (Mr. Boyce and Mr. Hughes absent).  [7:05 p.m.]



3.      PRE-APPLICTION CONFERENCE
Pre-application discussion for a proposed 31,000 SF renovated building area that will house the Gorham Recreation Department, the Gorham School Department Administrative offices, a public meeting hall, and cable access television studio. The project will include demolition of the oldest section of the existing Shaw Middle School, creation of an outdoor community gathering space, and improvements to the existing parking lot area. Zoned Urban Residential; Map 106/Lot 47.

Rachel Sunnell of Gawron Turgeon described the proposed site plan improvements, explaining that there would be three major users of the site:  the Gorham Recreation Department, new administrative offices for the Gorham School Department, a public meeting hall, and cable access television studio.  She said that the oldest part of the school will be demolished and discussed the proposed parking reorganization to accommodate handicapped parking, bus drop-off areas, and to make general parking more accessible, with a total of 91 parking spaces.  She discussed the proposed new entry for the School Superintendentvisually, pointing out the circular patterns repeated throughout the site and the gathering space in the front of the building.  She said that this facility was included in the traffic study done for the Middle School.  She also discussed fire access issues.  Ms. Sunnell then introduced Mark Burns of Gawron Turgeon, who spoke about the project as another future asset, memorializing the old Shaw Middle School, and providing open space within the downtown area.  He described the interior configurations of the proposed improvements, pointing out that the public meeting area will hold a maximum of approximately 90 people for Town Council, Planning Board and Zoning Board meetings, and discussed the proposed state-of-the-art audio and visual facilities, with a meeting chairperson having electronic control during a meeting.  At the request of Mr. Parker, Mr. Burns compared the current Planning Board meeting space in the High School auditorium with the proposed new meeting area as being some 15 feet narrower and 10 feet shorter.  Mr. Parker expressed concern with the physical layout of the meeting space insofar as the location of a presenter.  Mr. Burns said he would forward a new layout for the meeting room to Ms. Fossum.  Mr. Grant asked about future parking on the site, and Mr. Burns replied that there could be with some fill added or in Robie Park.  Mr. Burns said that the recreational facility is expected to have 10 to 20 users during the day.  Ms. Robie said she believed that the proposed gym needs more direct access to the outside as a safety measure.  Mr. Burns said they would consider Ms. Robieof the two oldest portions of the Shaw Middle School on South Street and the renovation of the remaining structure to house the Superintendent of School
PUBLIC COMMENT PERIOD OPENED:   Carolyn Bowers, 34 Morrill Avenue, asked if the proposed public meeting room would be adequate for larger crowds.  Mr. Burns replied that the gym would be available and also would be wired for audio and visual pickup.
PUBLIC COMMENT PERIOD ENDED.

Mr. Grant directed staff to schedule a site walk.  [7:40 p.m.]


4.      PRE-APPLICATION CONFERENCE
Pre-application discussion for a proposed for a 15-lot residential subdivision on 26.53 acres off Spiller Road & Buck Street.  Zoned Suburban Residential; Map 77/Lot 48, 48.001,48.002, & M79/L16.009.

Bill Thompson of BH2M appeared on behalf of the applicant and described the proposed project.  He explained that Phase I of the Tall Pines Subdivision, located off Spiller Road, has just been completed, and additional land has been obtained which they hoped will be incorporated as Phase II.  He said that the utilities will be underground utilities, there will be drilled wells and individual septic systems, there will be a second entrance directly across from Truman Road, and it is proposed that they would connect into Tall Pines Drive, have a loop system through with two points of entrance off Spiller Road.  He said they do not propose to connect the road to Buck Street, which they feel is not adequate to carry any more traffic.  He said that the Proctor home would be left intact until such time as Gilbert Homes can buy the house and upgrade it.  Mr. Thompson said for fire control they were looking to a fire pond or detention pond.  Mr. Grant suggested that the Board look at the question of having the applicant participate in the upgrade of Buck Street.  Mr. Neily asked staff if, when Phase I came before the Board, there was any indication that this present expansion was contemplated.  Mr. Shields said that initially the applicant was asked to provide an overall development scheme of all of the land involved and that the plan has not changed that much.  Mr. Neily said he believed the development is too dense and not in the Towndiscussed the proposed stormwater management of interceptors and collectors incorporated into fire protection.  Mr. Grant said he would like to have the applicant show where the proposed new road could intersect with Buck Street.  

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD ENDED.

Mr. Shiers asked if the project would need DEP review.  Mr. Thompson said that both site location and storm water would be required.  Mr. Parker said he would like to see the adjoining properties shown on the plan.  Mr. Grant commented about rumors of a large dump at the back of this parcel of property which came up during the approval process for Phase I and which might arise again.

Mr. Grant directed staff to schedule a site walk.  [7:50 p.m.]



5.      SUBDIVISON PLAN / PRIVATE WAY PLAN - “COUNTRY FIELDS”
Request for approval of minor modifications to the final plan for a 5-lot residential subdivision with a 970-foot gravel private way “Country Field Way” on l2.44 acres Zoned Rural/Shoreland Zoning; Map 54/Lots 9.004 & 9.006.

Bill Thompson, BH2M Engineers, appeared on behalf of the applicant and explained that a minor modification is required to the subdivision plan in order to provide adequate frontage for Lot #5 and still provide for a future right-of-way if necessary.

Mr. Shields gave the staff comments, saying that ownership of the private way needed to be clearly stated, and therefore the applicant made provision for ownership to be by the owners of Lots 2, 3, 4, and 5, with the future right-of-way included in that ownership, which resulted in the removal of the last 50 feet of frontage for Lot #5 on the end of the hammerhead.  With this change, the private way right-of-way is still owned in common by Lots 2, 3, 4 and 5, but the future right-of-way will be part of Lot #5.

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD ENDED.

Michael Parker MOVED and Richard Shiers SECONDED a motion to grant approval of the revisions to the Country Fields Subdivision Plan subject to the original approved conditions of approval posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 5 ayes (Mr. Boyce and Mr. Hughes absent).   [8:56 p.m.]



6.      ADJOURNMENT

Michael Parker MOVED and Richard Shiers SECONDED a motion to adjourn.  Motion CARRIED, 5 ayes (Mr. Boyce and Mr. Hughes absent).  [7:59 p.m.]


Respectfully submitted,



Barbara C. Skinner
Secretary to the Board
__________________, 2003

2.      SUBDIVISION 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;
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2.      That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;
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3.      That the applicant shall meet the requirements outlined in the Fire Chief
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4.      That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings 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;
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5.      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;
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6.      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 in lieu of setting aside improved recreational land within the development;
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7.      That each building within the subdivision must have its lowest floor, including basement, a minimum of two feet above the 100 year flood elevation and must have this elevation certified by a professional engineer, surveyor or architect prior to start of construction;
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8.      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;
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9.      That the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;
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10.     That there shall be no individual lot sales or commencement of any site construction activities whatsoever until a bond or performance guarantee in an amount equal to 100% of the value of the proposed private way roadway, fire pond improvements, right of way monumentation, and any other public or quasi public improvements shown on the approved plans in a format acceptable to the Town Manager and the Town Attorney is posted with the Town.  This condition shall not prohibit the sale of the entire subdivision to a new owner;
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11.     That 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
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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
5.      SUBDIVISION PLAN
        HOLMAN DEVELOPMENT CORPORATION, CRAIG HOLDMAN, PRIN.
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 requirements outlined in the Fire Chief
That prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange pre-construction meetings 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;

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 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 in lieu of setting aside improved recreational land within the development;

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 the applicant shall provide property line information and site information in auto-cad format to the Town of Gorham Tax Assessor;

That 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 Plan shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board