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05/17/2004 Planning Board Minutes
 Town of Gorham
May 17, 2004
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
DOUGLAS BOYCE, VICE-CHAIR               AARON SHIELDS, Assistant Planner
THOMAS HUGHES                           BARBARA C. SKINNER, Clerk of the Board
CLARK NEILY                             
MICHAEL PARKER
SUSAN ROBIE
MARK STELMACK

The Chairman opened the meeting at 7:00 p.m.  The Clerk called the roll, noting that all members were present.

1.      APPROVAL OF MINUTES: May 3, 2004

Michael Parker MOVED and Thomas Hughes SECONDED a motion to approve the minutes of May 3, 2004, as written and distributed.  Motion CARRIED, 7 ayes.  [7:01 p.m.]


2.      ZONING MAP AMENDMENT – 680 MAIN STREET TO THE WESTBROOK TOWN LINE – JOSEPH P. GUIMOND
PUBLIC HEARING [continued]
Proposed amendment for a zoning map change at 680 Main Street and additional land, easterly to the Westbrook line, including properties of Rines and Cutter et al, from Rural to Roadside Commercial for a depth of 500’. M13/L3; M13/L2.002; M13/L1.

Douglas Boyce MOVED and Clark Neily SECONDED a motion to remove this item from the table.  Motion CARRIED, 7 ayes.  [7:02 p.m.]

The Planning Director explained the history of the amendment, and suggested that a recommendation go forward to the Town Council that the measurement be 500’ from the edge of the right-of-way line of Route 25.  In the interim, Ms. Fossum said staff will have to determine the width of the Route 25 right-of-way and measure from where the zoning on the other side of the road stops, as the current zoning on the other side of Route 25 ends at the centerline of Route 25.

Mr. Grant commented that the zoning will be from the edge of the right-of-way on the north side of Route 25 back a distance of 500’, but the zone boundary line will be down the center of Route 25’s right-of-way.  Mr. Boyce concurred with measuring the depth from the centerline, as at some time in the future, additional right-of-way may be acquired and the right-of-way boundary may change.  

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD CLOSED.   [7:09 p.m.]

Douglas Boyce MOVED and Clark Neily SECONDED a motion to find the proposed rezoning consistent with the Town’s 1993 Comprehensive Plan, as amended, and recommend approval of Mr. Guimond’s request to rezone the parcel of land at 680 Main Street, along with the Cutter property and a portion of the parcel owned by Rines, shown on the Tax Assessor’s Map 13 as Lots 1, 3, and 2.002, for a depth of 500 feet, this area being all land on the north side of Route 25 from Walnut Crest Road to the Westbrook City Line for a depth of 500 feet from the edge of the Route 25 right-of-way in existence on the date of this action, from Rural to Roadside Commercial.  The zoning boundary shall be the centerline of Route 25 right-of-way.  Motion CARRIED, 7 ayes.  [7:12 p.m.]


3.      AMENDMENT TO THE LAND USE & DEVELOPMENT CODE - ENGINEERING CERTIFICATION AMENDMENT
PUBLIC HEARING [continued]
Proposed amendments to Chap. II, Sec. V, E, 4), b) & Sec V, I, 4) to remove the term “as-built”.

Ms. Fossum stated that it would be appropriate for the Board to re-table this item, as there was no information to present this evening.

Michael Parker MOVED and Susan Robie SECONDED a motion to table Item 3 until staff is ready to return with it.  Motion CARRIED, 7 ayes.  [7:14 p.m.]


4.      SUBDIVISION AMENDMENT - “GRONDIN COMMERCIAL SUBDIVISION” off LAURENCE DRIVE - GRONDIN PROPERTIES, LLC
Request for amendment creating 3 new lots. Zoned Industrial; M12/L26.002 & 26.003.

Owens McCullough, Sebago Technics, appeared on behalf of the applicants and stated that when the subdivision was first proposed and approved in 2003, it was anticipated that larger lots would prove more attractive to prospective occupants; however, over time it has become apparent that smaller lots would be more attractive.  Therefore, the applicants are requesting an amendment to divide lots 2 and 3 of the approved plan into 5 lots of between 1.5 to 2.5 acres.  Mr. McCullough said that the amount of impervious surface may drop as a result of the new configuration, but that all other aspects of the plan remain as they were originally.  He pointed out that Lots 7 and 8 will be retained by Grondin Properties, LLC, inasmuch as they believe that the best use of these lots would be retail, which is not allowed in the Industrial District.  He said that these lots are also being retained so as not to exceed the DEP threshold for requiring site location development permitting.

Mr. Grant asked for clarification of the depiction of the Roadside Commercial zone on the applicant's map.  Mr. Grant and Mr. McCullough discussed the 100 foot buffer requirement between the zone changes, which Mr. McCullough understood was developed to protect residential zones that might be developed.  

Mr. Shields presented the staff comments, saying that the plans have been modified to staff’s satisfaction and are ready for approval.

Mr. Neily asked about the status of the acceptance of the Gorham Industrial Parkway.  Ms. Fossum said that the Gorham Industrial Parkway is currently under construction, and that it has not been brought forward yet to the Town for acceptance.  Mr. McCullough said that remaining work to be done is the lane widening on Route 25, which will occur with the installation of a new water line, which Grondin is doing for the Portland Water District.  

Mr. Stelmack discussed with Mr. McCullough the reconstruction of the intersection of the Gorham Industrial Parkway and Laurence Drive, with Mr. McCullough commenting that when the subdivision was originally approved, it was done so with the changed geometry in the road.  Mr. Stelmack confirmed that all of the recent reconstruction was within the right-of-way.  Mr. Boyce asked Mr. McCullough about the depth of the Roadside Commercial zone extending deeper than the Lake Region Furniture lot, with the 100 foot buffer between Roadside Commercial and Industrial following the deeper penetration.  Mr. McCullough confirmed that the 100 foot buffer was established from the nearest property line.  Mr. Shields agreed with Mr. McCullough.

PUBLIC COMMENT PERIOD OPENED:   None offered.
PUBLIC COMMENT PERIOD ENDED.    [7:26 p.m.]

        Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant approval of Grondin Properties, LLC’s request for an amendment to the Grondin Commercial Subdivision on 26.17 acres off Main Street, Laurence Drive and Bartlett Road, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:27 p.m.]


5.      PRIVATE WAY AMENDMENT – “BROWN ROAD” – GRONDIN AGGREGATES, LLC
Request for a 150’ extension and hammerhead. Zoned Rural/Shoreland Overlay; M59/L13.

Charles Brown, Sebago Technics, appeared on behalf of the applicants and discussed the history of the Brown Road private way approval in 1987, and described the purpose of the present amendment application as being a request to relocate the private right-of-way to provide adequate setbacks for the former Brown residence, which was constructed within the 100 foot radius right-of-way.  He said that the private way has been used by R.J. Grondin as the primary access road to the Farrington Road/Parsons Gravel Pit.  Mr. Brown explained that the current proposal is to construct a hammerhead turnaround on the north side of the private way and would push the private way to the Peterson property.  

Mr. Grant expressed concern about legal frontage for the Peterson property.  Mr. Brown discussed the land transaction between Dana Brown and his brother, and said that a clause in a deed to Paul Brown indicating that they had the “right to travel over the private way approved in 1987 and the extension thereof.”  Mr. Stelmack asked whether the current proposed amendment might not improve the Peterson situation; Mr. Shields replied that this would put a 50 foot approved private way up to the Peterson’s property line, where before there was no approved private way to the Peterson’s property line.  Mr. Grant said there was nothing in writing about the Grondins permitting the Petersons' use of the private way; Mr. Shields asked if the Board would want that as a condition of approval.  Mr. Hughes asked about fire protection; Ms. Fossum said that this is not subdivision so the Fire Chief would not be looking to see a fire pond constructed.  Ms. Fossum also told the Board that there is no road maintenance agreement in place between the three properties that currently access the private way.  Mr. Grant expressed his concern again, and polled the Board as to their opinions:  Mr. Stelmack said he would have no trouble voting on the proposal; Mr. Hughes, Ms. Robie, Mr. Neily and Mr. Parker concurred.

        Mark Stelmack MOVED and Thomas Hughes SECONDED a motion to grant Grondin Aggregates, LLC’s request for an amendment to the Brown Road private way, located off Route 25 with conditions of approval as posted prior to the meeting and discussed with the application.  Motion CARRIED, 5 ayes, 2 nays (Grant and Boyce).  [7:45 p.m.]


6.      SUBDIVISION AMENDMENT – “BRANCH SUBDIVISION” – off FILES ROAD – JACK E. SPRAGUE & THOMAS C. NURMI
Request for approval of a lot line change between lots 2&3 of the approved 6-lot subdivision. Zone Rural; M74/L19.002.

Jack Sprague and Thomas Nurmi explained to the Board that the proposed common lot line change between Lots 2 and 3 is necessary because the foundation on Lot 3 was constructed within the sideline setbacks.  They said that the lot areas of both lots will not change since the amendment will convey equal land area to one another in order to keep the acreages the same as originally approved.

Mr. Shields said that the plans are alright for approval.

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

        Clark Neily MOVED and Michael Parker SECONDED a motion to grant approval of Jack E. Sprague and Thomas C. Nurmi’s request for a lot line amendment between Lots 2 and 3 of the Branch Subdivision with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:50 p.m.]


Mr. Parker asked to recuse himself from discussion on the next item.

7.      FINAL SUBDIVISION APPROVAL – “GORHAM PINES” & “SCROGGIE WAY” – off 24 OSBORNE ROAD – MICHAEL W. & CAROLYN D. PARKER
Request for final approval of an amended subdivision plan to create 5 new lots with an 840’ rural access road on 11.83 acres. (Amends the former subdivision of Harland Banks) Zoned Suburban Residential; M36/L21 & 22.

Steve Blais, Pinkham & Greer, appeared on behalf of the applicants and discussed the history of the application, stating that the road has been changed from a private way to proposed Urban Access standards, done in conjunction with an abutter and in order to better facilitate future development of an adjacent parcel owned by the Phinney family.  Mr. Blais said it was their intention to change the roadway designation from “Urban” to “Rural,” as they do not propose to install sidewalks, and it will be 22-feet wide paved roadway.  He said that the grading has been adjusted, and at staff’s request, the ditches have been deepened from 2 to 2-1/2 feet.  He said that drawing C1 has been added to the plans to provide the Net Residential Density Calculations, and a note has been added to the plans as well to indicate that all the homes will be sprinkled as requested by the Fire Chief.  He said that a note has been added to the plan that driveway aprons will be the responsibility of the homeowners.  

Mr. Shields presented the staff comments, explaining that the applicants own and live at 24 Osborne Road and have purchased an abutting parcel of land, which is identified as Lot 2 on the “Property of Harland Banks” subdivision plan, thereby requiring an amendment to that subdivision as part of this application.  He said the new proposal will create 5 new lots fronting what is now proposed to be a public way.  Mr. Shields explained to Mr. Blais that the road may be designated as “urban,” as in this district sidewalks are not required anyway.  Mr. Shields said that the Public Works Director has indicated that in case there is a future extension of the roadway, he would want the hammerhead turnaround on Scroggie Way to be removed and the area reclaimed.  He said the right-of-way would still stay on record, but the turnaround will not be necessary and the Town would not want to be responsible for a turnaround they do not need to use.  As this would be a requirement for future development on adjacent property, the Public Works Director’s wishes will be on record in the minutes for this project.  Mr. Shields said that there is a condition of approval that the required legal documents be revised to satisfactory condition per the Town Attorney prior to endorsement of the final plan mylar.  

Mr. Neily commented that the right-of-way to the Phinney property seems to be in a wetland and asked about the appropriateness of this location.  Mr. Shields replied that it is the only access to the adjacent property owned by Phinney and the amount of wetland to be filled would not be substantial.  Mr. Neily asked if it were not historically proper that rights-of-way were on land that was generally usable for that purpose.  Mr. Shields replied that while it was more desirable to have usable land, it has not always been the case.

Mr. Shields said the zoning information which appears on sheet 1 of the plan will be changed to reflect suburban residential and not the rural district.  

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

Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant final plan approval of Michael and Carolyn Parker’s request for the proposed “Gorham Pines Subdivision,” a 6-lot residential subdivision and amendment to the “Land of Harland Banks Subdivision Plan” on 11.83 acres off Osborne Road.  Zoned Suburban Residential Map 36, Lots 21 and 22.  Motion CARRIED, 6 ayes (Michael Parker recused).  [8:10 p.m.]


Stretch Break to 8:20 p.m.

Mr. Parker returned to his seat on the Board.

Mr. Boyce asked to be excused from discussion on the following item due to personal involvement with the applicant and the applicant’s representative.

Clark Neily MOVED and Thomas Hughes SECONDED a motion to excuse Mr. Boyce from discussion on the next item.  Motion CARRIED, 6 ayes (Mr. Boyce abstaining).  [8:21 p.m.]

8.      PRE-APPLICATION CONFERENCE -/SUBDIVISION & SITE PLAN – “WOOD HOLLOW APARTMENTS” – GEORGE B. & DORIS S. WOOD
Discussion on two proposed 4-unit apartment buildings on 8.22 acres at 78 Cressey Road. Zoned Urban Residential; M38/L26.

Jan Wiegman, Sebago Technics, said that, based on Net Residential Density Calculations and the chance of bringing sewer service to the area, the applicant now wishes to build three 6 unit buildings for a total of 18 units, plus Mr. Wood’s own home in the back portion of the parcel.  In response to a question from Mr. Grant, Mr. Wiegman said extending sewer is feasible, that it is available about ½ mile away on Flaggy Meadow, a pump station would be located on site, and a force main would take sewerage up to Flaggy Meadow.  Ms. Fossum said that this area would be included in the Fort Hill Water Main Extension, Area B, with a proposed impact fee of $200 per unit.

Mr. Shields said that staff has no comments at this time.

Mr. Stelmack asked Mr. Wiegman to orient the location of the site on the plan.  He also commented that at the rear of the lot seems to have somewhat poor soil; Mr. Shields remarked that one of the by-pass locations is at the rear of the property.  Mr. Parker asked that the plans delineate the by-pass location.  Ms. Robie asked about the 33% slopes; Mr. Wiegman said that the applicant has minor site plan permission to fill a dry ravine to create a driveway.  Mr. Parker asked how many parking spaces will be provided for the apartment units; Mr. Wiegman replied that there will be a total of 36 spaces, or 2 per unit.

Mr. Grant asked staff to schedule a site walk.


9.      PRE-APPLICATION CONFERENCE / SITE PLAN - “INDUSTRIAL FACILITY” – off BARTLETT ROAD – PLAS-TECH, INC.
Discussion of a proposed 10,000 sq. ft. industrial building on 2.22 acres on Lot 2 in the proposed amended Grondin Commercial Subdivision [Item 4 above]. Zoned Industrial; M12/L26.002.

Chris Holman, Sebago Technics, appeared on behalf of the applicant and described the application as a 10,000 square foot industrial building to be located in the Grondin subdivision, and to be utilized by Webber Properties, LLC, for machining and shipping by Plas-Tech, Inc., currently operating out of Westbrook.  He said there would be no actual development of plastics there.  Mr. Holman said there will be minimal impact on local traffic as there are only 5 employees and 1 company truck, and there will be perhaps a maximum of three delivery trucks resulting in 9 trips per peak hour.  He said no additional storm water permit is required, and the site has existing water and sewer.

Mr. Neily commented that this is the kind of application for the Industrial Park that the Town is eager to facilitate, and he would urge the Board’s expeditious handling of the application within the requirements of the Code.

Mark Stelmack asked for confirmation of the correct spelling of the road name which he believes to be “Hutcherson” Drive.  

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


10.     ADJOURNMENT

Douglas Boyce MOVED and Michael Parker SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [8:38 p.m.]

Respectfully submitted,



________________________________
Barbara C. Skinner
Clerk of the Board
___________________________, 2004

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4.      SUBDIVISION AMENDMENT - “GRONDIN COMMERCIAL SUBDIVISION” off LAURENCE DRIVE - GRONDIN PROPERTIES, LLC

Approved
Conditions of Approval

1.      That this approval is limited to specific amendments proposed and 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; and

2.      All other applicable conditions of approval attached to the original subdivision approval shall remain fully in effect.

3.      That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the commencement of any earth-moving activities or site improvements.




5.      PRIVATE WAY AMENDMENT – “BROWN ROAD” – GRONDIN AGGREGATES, LLC

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 complete the construction of the amended private way prior to December 31, 2004;

3.      That all previous conditions of approval attached to the private way will remain in effect; and

4.      That the amended private way plan and related Decision Document 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 a copy of the recorded Decision Document shall be returned to the Town Planning Office.



6.      SUBDIVISION AMENDMENT – “BRANCH SUBDIVISION” – off FILES ROAD – JACK E. SPRAGUE & THOMAS C. NURMI

Approved
Conditions of Approval

1.      That this approval is limited to specific amendments proposed and 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; and

2.      All other applicable conditions of approval attached to the original subdivision plan approval shall remain fully in effect.

3.      That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner.




7.      FINAL SUBDIVISION APPROVAL – “GORHAM PINES” & “SCROGGIE WAY” – off 24 OSBORNE ROAD – MICHAEL W. & CAROLYN D. PARKER

Approved
Conditions of Approval

1.      That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicant and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minimus changes which the Director of Planning may approve;

2.      That the applicant is responsible for obtaining all local, state and federal permits required for the development of this project;

3.      That prior to the 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;

4.      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;

5       That prior to occupancy each house within the subdivision shall be properly numbered with the number visible from the street year round;

6.      That all homes within the subdivision will be sprinkled and the sprinkler plans must be submitted to the State Fire Marshal’s office and the Gorham Fire Department for review and permitting. The plans to Gorham Fire shall be submitted at least two weeks prior to the start of construction of the system in each building;

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

9.      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;

10.     That the required legal documents shall be revised to satisfy any final review comments of the Town Attorney, prior to the endorsement of the Final Plan Mylar;

11.     That the applicant’s engineer shall certify that the streets or ways have been constructed in accordance with the specifications of the Town of Gorham’s Land Use and Development Code and in accordance with the plans and specifications approved by the Planning Board. Furthermore the applicant’s engineer will be responsible for providing record drawings accurately reflecting these improvements as required by the Code; and

12.     That these conditions of approval and the Final Plans shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s endorsement of the final plan, and a dated copy of the recorded Decision Document shall be returned to the Town Planner prior to the commencement of construction.