Skip Navigation
This table is used for column layout.
 
06/07/2004 Planning Board Minutes
Town of Gorham
June 7, 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 17, 2004

        Clark Neily MOVED and Thomas Hughes SECONDED a motion to approve the minutes of May 17, 2004, as written and distributed.  Motion CARRIED, 7 ayes.  [7:01 p.m.]


2. SITE PLAN – off BARTLETT ROAD - “PLAS-TECH, INC.” – WEBBER PROPERTIES, LLC
PUBLIC HEARING
Request for approval of a 10,000 sf industrial building on 2.22 acres on Lot 2 in the Grondin Commercial Subdivision on land of Grondin.  Zoned I; M12/L26.002.

Chris Tullmann, Sebago Technics, appeared on behalf of the applicant Terry Webber and introduced Jim Biscup of Biscup Construction.  Mr. Tullmann showed and explained to the Board color samples for the building.  He said that based on some of the review comments to the plan, a bollard by the gas meter has been added, turning radii have been checked around the building for WB-50 vehicles, and the grading has been checked.  At the request of Mr. Grant, Mr. Tullmann oriented the site to the corner of Bartlett Road and the Gorham Industrial Parkway, indicating that the site’s entrance and exit will be off Bartlett Road but with no entrance or exit off the new Parkway.  Mr. Tullmann explained that the use is a plastic distribution machining company, on site machining being done with no toxic materials, shipping of finished goods to be done with a company vehicle, base plastic deliveries being made a few times a week, 5 employees, and minimal traffic impact.  Mr. Tullmann said that the applicant would like to bring in and use the existing sign from his Westbrook facility and therefore has requested a 50% increase in sign size.

Mr. Shields gave the staff comments, saying that the only item for discussion is the applicant’s request for a waiver to allow a 50% sign increase if the Board determines that the request meets three criteria under the Land Use Code:  (1) that the increase ins needed to provide appropriate visibility for the business; (2) that the increase will not detract from the value of nearby properties; and (3) that the increase will result in signs of an appropriate scale for the location of the project.  Mr. Shields said that if the applicant receives the signage increase approval from the Board tonight, the approval would then be in place if the applicant wants to consider other options.  He said that the plans have received acceptable reviews from staff.

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

Mr. Neily said he was in favor of granting the applicant’s request to use his existing sign on his building as it would be appropriately sized and placed and would not appear to be as overwhelming when affixed to the building as it would be if it were standing alone.  In response to a question from Mr. Boyce, Mr. Tullmann said the sign would appear on the front door face of the building, facing Bartlett.

Douglas Boyce MOVED and Clark Neily SECONDED a motion to grant a sign increase of 50%, from 24 feet to 36 feet.
Discussion:  Mr. Shields explained that the applicant was also asking for a 50% increase in total sign area, in other words, a 50% increase in the total 72 square feet permitted, to a total of 108 feet, and asked if the Board was allowing that increase or simply an increase in one sign alone up to 36 sf.  Mr. Tullmann said that the applicant is contemplating a sign at the corner of his property, as well as another one on the building itself.  In response to Mr. Stelmack, Ms. Fossum explained that property owners are allowed to have up to three signs, each at 24 square feet as a maximum, unless the Planning Board approves a larger sign by 50%, which brings a 24 sf sign up to 36 sf, or three signs times 36 feet equals 108 square feet.  Mr. Tullmann said the applicant probably would use two signs of 32 square feet each on the building, with a smaller one at the corner.  Mr. Boyce asked if the applicant could apply for one single sign of 108 square feet; Mr. Shields said there is a limit of 36 square feet per sign.  Mr. Neily said he does not want to see any sign larger than 32 square feet either front or back.
Motion CARRIED, 7 ayes.  [7:18]

Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant Plas-Tech Inc.’s request for approval of a proposed 10,000 SF building and associated site improvements on 2.22 acres off Bartlett Road and Gorham Industrial Parkway with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:20]



3.      SUBDIVISION AMENDMENT – 44 & 48 SANFORD DRIVE - “GORHAM INDUSTRIAL PARK” – PETER WENTWORTH
Request for approval of an amendment to the Gorham Industrial Park subdivision for a driveway easement over Lots 9A & 9B and drainage easement across Lot 9 A. Zoned I; M12/L33.009 & 33.901.

Steve Stearns, Pinkham & Greer, appeared on behalf of the applicant and explained that the purpose of this amendment is to provide access and drainage easements to both Lots 9A and 9B as well as drainage easements along Sanford Drive to the Town of Gorham.  He said that Lot 9A is proposing new development and would require access and drainage easements over Lot 9B, and both lots are granting easements to the Town of Gorham for drainage ditching and maintenance.

Mr. Shields presented the staff comments, saying that there are plan notes that need to be modified, but they are minor, and otherwise the plans are alright.  He said that the two plan notes that need to be changed are very minor and he is sure they will be done before the Board signs the mylars.  Mr. Stearns indicated he agrees with the changes.

        Clark Neily MOVED and Mark Stelmack SECONDED a motion to grant approval of the Eighth Amended Gorham Industrial Park Subdivision Plan to Dawn Wentworth LLC and Peter Wentworth LLC with Conditions of Approval posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:28 p.m.]


4.      SITE PLAN AMENDMENTS – 44 SANFORD DRIVE - “NESA” – PETER WENTWORTH
PUBLIC HEARING
Request for approval of site plan amendments to Lot 9B, including outside storage area in the Gorham Industrial Park. Zoned I; M12/L33.901.

Steve Stearns, Pinkham & Greer, appeared on behalf of the applicant and explained that the original approved site plan for this lot showed a possible 50 foot by 50 foot “future expansion” to the rear of the structure, but this is now proposed as a 70 foot by 70 foot outdoor gravel storage area to be utilized by the tenant to whom Mr. Wentworth has sublet the building.  In addition, it is proposed that the area would be fenced for security reasons.  

Mr. Shields explained the applicant received approval for a 5,000 square foot industrial building on August 4, 2003, with the approved site plan showing the 50 foot by 50 foot possible future expansion to the rear, and now a 70 by 70 feet storage area is being proposed.  He said that final comments from the Town’s Review Engineer, Les Berry, have not yet been received and if there are questions relating to the drainage area remaining to be addressed, staff would recommend that this item be postponed to the June 21 meeting.  

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

Mr. Neily asked Mr. Stearns how high the fence would be, what kind of fence would it be, and whether it was to be for visual or security purposes.  Peter Wentworth replied that while the plans call for a chain link fence, he is trying to persuade his tenant to consider an 8 or 10 foot stockade fence, and if the item were postponed to June 21, it would give him more time to work on the issue.  Mr. Parker asked what the Park covenant requirement is about fenced in areas, if it is to visually fence in or to fence in from a security standpoint.  Mr. Wentworth said he believes it is for aesthetic reasons, but that his tenant has some security concerns as well.  Mr. Neily asked Tom Ellsworth, President of the Gorham Economic Development Corporation, to make a statement about storage of outside materials.  Mr. Ellsworth said the issue is mostly directed toward appearance, and the Park covenants are designed to keep any outside storage of materials behind the building and shielded from the right of way in front of any building in the Park.

Mr. Shields commented that staff has no problem with the fence, staff simply wants to make sure that the Review Engineer can check that the engineering is alright.  Ms. Fossum concurred with a suggestion from Mr. Parker that the Board table the item to June 21.  Mr. Parker asked the applicant to specifically read the Park covenant to determine what is required and comply with that covenant, whether for security or visibility.

        Douglas Boyce MOVED and Susan Robie SECONDED a motion to table this item until the Planning Board meeting on June 21, 2004.  Motion CARRIED, 7 ayes.  [7:40 p.m.]


5.      SITE PLAN – 48 SANFORD DRIVE – INDUSTRIAL BUILDINGS – PETER WENTWORTH
PUBLIC HEARING
Request for approval of a site plan for construction of three new buildings totaling 18,000 sf for general lease on Lot 9A in the Gorham Industrial Park. Zoned I; M12/L33.009.

Steve Stearns, Pinkham & Greer, appeared on behalf of the applicant and explained that this application deals with a site plan for the construction of three buildings, an 8000 square foot building as Building A, for whom there is a tenant, and two smaller industrial buildings of 5000 square feet each as Building B and Building C.  He said that the tenant for Building A is Sebago Brewing Company, who is most anxious to get started in the construction of their building once Board approval has been secured.  Mr. Stearns said the buildings will share an entrance and exit off Sanford Drive, the Sebago Brewing building will have parking for 5 employees, and the other two buildings also will have adequate parking of five spaces apiece if they are industrial use.  He said that the buildings would each have their own separate water service; the Sebago Brewing wastewater will gravity flow to the municipal system in Sanford Drive, and the other two buildings will share a pump station.  Mr. Stearns discussed the drainage, which is designed ultimately to flow into Lot 10, which he understands has been dedicated to stormwater management.  

Mr. Shields gave the staff comments, saying that this application is similar to the one preceding it, in that the Review Engineer’s comments have not yet been received and the application is almost there, but not 100%.  He said that the lot can accommodate the proposed three buildings, the parking is ample for the requested uses, the drainage looks like it will work, Portland Water District approves the plan, but staff is not completely comfortable without having received the Review Engineer’s comments to deal with some loose ends to make sure the engineering all works.  

Mr. Hughes asked what the “drop dead date” would be for Sebago Brewing.  Mr. Stearns introduced Kai Adams, Vice President Brewmaster for Sebago Brewing, who spoke to the Board about certain time constraints to the end of August involved in some of their purchases of equipment and storage of that equipment until a new facility for them is constructed.  Mr. Grant asked if Sebago Brewing can handle a two-week delay to the Board’s meeting on June 21 in order to have the Review Engineer critique the plans.  Mr. Adams said he could live with a two-week delay as long as there are some assurances that the item will not be tabled again.  Ms. Fossum said the two key parties will be the outside Review Engineer, Les Berry, and Pinkham & Greer being able to respond very promptly to any adjustment or re-design necessary.  Mr. Stearns asked if partial or conditional approval could be granted; Ms. Fossum replied that not all of Mr. Berry’s questions have been answered, so there is no way of knowing what to condition, and the applicant needs to come back for another meeting.  Mr. Grant, Mr. Hughes and Mr. Parker assured Mr. Adams that he is welcome in Gorham.  In response to a query from Mr. Stelmack, Mr. Wentworth said that the site has been cleaned up to some extent, but a delay to the 21st will give him the opportunity to complete the clean up.  Mr. Parker asked if the parking envisioned for the first building is sufficient, and if not, where would the parking be.  Mr. Shields replied that the parking is adequate for use of the building by Sebago Brewing; to accommodate another user, Mr. Wentworth would sequence the construction on the site in a different way to assure that user has adequate parking.  

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to table this item to the Planning Board meeting of June 21, 2004.  Motion CARRIED, 7 ayes.  [8:10 p.m.]


6.      PRELIMINARY & FINAL SUBDIVISION PLAN & PRIVATE WAY – off 9 FILES ROAD - “PAM’S WAY” – GILBERT HOMES, INC.
Request for preliminary & final approval of a 4-lot subdivision with an 888’ private way on 8.85 acres. Zoned R; M77/L2.

John Kuchinski,BH2M Engineers, appeared on behalf of the applicant and reviewed the history of the application with the Board, saying that the plans have been re-submitted for a 4-lot subdivision instead of the 7-lot subdivision originally discussed, and that an11 acre parcel has been conveyed to an interested abutter.  He discussed the drainage proposed for the site, wetlands impact, legal documents for the project, and requested both preliminary and final approval.  

Mr. Shields told Mr. Grant that private way approval had not been granted when the application last appeared before the Board and needed to be done tonight.  Mr. Shields spoke about the Board’s original reluctance to grant preliminary approval until the conveyance of the 11 acre parcel had been accomplished, which has now been done.  He said that there are several minor plan and plan note changes that will need to be done before the Planning Board’s endorsement of the final plan mylar.  He said that if the Board finds the proposal acceptable, the plans are now acceptable for preliminary and final approval.

PUBLIC COMMENT PERIOD OPENED:   David Kent, Fort Hill Road, asked what price range the houses will be sold for.  Mr. Kuchinski replied that while he was not sure, he opined that they would be in the $200,000 range.
PUBLIC COMMENT PERIOD CLOSED.  [8:15 p.m.]

Mr. Shields confirmed to Mr. Stelmack that Amy Bates of SYTDesign, the Review Engineer for the Town, is satisfied with the plans.

        Douglas Boyce MOVED and Clark Neily SECONDED a motion to waive the rules to allow voting on preliminary and final plan approval in one meeting.  Motion CARRIED, 7 ayes.  [8:16 p.m.]

        Clark Neily MOVED and Michael Parker SECONDED a motion to grant preliminary and final plan approval of Gilbert Homes request for “Pam’s Way,” a 4-lot subdivision and private way on 8.85 acres off Files Road, zoned Rural, Map 77/Lot 2, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [8:17 p.m.]

Stretch Break to 8:30 p.m.


7.      FINAL SUBDIVISION PLAN – off 17 DINGLEY SPRING ROAD - “SPRINGBROOK FARMS” – RISBARA BROTHERS CONSTRUCTION CO., INC.
Request for final approval of a 17-lot subdivision with a 1,500’ proposed public road on 58.8 acres on land of Mason. Zoned R; M81/L29.

Rocky Risbara appeared before the Board and said that they have obtained the required MDEP stormwater permit and have worked out the details on a conservation easement on 29-1/2 acres of land with the Gorham-Sebago Lake Regional Land Trust to be a third party holder on that easement.  He said that this common land will be owned by the homeowners’ association but will have a permanent conservation easement on it.  Mr. Risbara asked if proposed Condition of Approval No. 8 (actually No. 9 due to a miscount on the Conditions), which requires a note be added to the plan, can include the word “substantial” in the statement “That a substantial portion of this subdivision lies within the 2500: source water protection area…” and in the same sentence, add the word “municipal” so that the wording then becomes “… any applicable requirements of municipal, state or federal law for the protection of the public water supply..”  Mr. Risbara said that that he would like this Condition to be added to the staff’s proposed conditions of approval and not be made a plan note inasmuch as the mylar which is ready to sign tonight does not have this note on it, as there is a closing to purchase the land and finalize the transaction on Wednesday, and re-doing the mylar and securing Board signatures thereafter might delay that closing.

Mr. Grant said he believed that this note is something that should be seen by new homeowners on their plans, and they should have to abide by it as well.  Ms. Fossum agreed with the Chairman, saying that the note should be on the plan as well, and that it could be handwritten on the two mylars for signature tonight, with a note placed near the signature block saying that this Plan Note has been added prior to the Planning Board signatures, making it clear that the Board approved the handwritten note.  She said that another alternative would be for the Board to sign the plan and the developer could modify the note and bring it back to staff.  She said that insofar as Mr. Risbara’s two changes are concerned, to add the word “substantial” is not of concern; however, adding the word “municipal” is not appropriate as there are no specific applicable municipal requirements, and the Town Attorney is comfortable with the language dealing with “… state or federal law for the protection of the public water supply…” because those laws exist and there are no municipal requirements.  The Board members agreed with Ms. Fossum.

Ms. Fossum gave the staff comments, saying that as this is a cluster subdivision, the only reduction in the dimensional standards within the subdivision were those relating to road frontages, the required plan notes for a clustered subdivision are on the plan, the legal documents need to be revised by the developer to provide for the homeowners’ association required under a cluster subdivision, and there are some minor changes that must be acceptable to the Town Attorney prior to the sale of any lots within the subdivision, as reflected in Condition of Approval No. 7.  She said that finally an appropriate name has been selected for the project that does not conflict with any other road name in Town; the road is to be called Hayfield Drive.  She said that the applicant has suggested a change to the Plan Note and Condition of Approval relating to inspection by an independent engineer and certification of the plan, saying that the applicant has requested a change to Condition No. 8, which previously read “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 and in accordance with the plans and specifications approved by the Planning Board, ” which is the language that was adopted by the Town Council.  Ms. Fossum said that the applicant has asked that the Board approve the following change:  “That the applicant shall retain an independent engineer to certify that the streets or ways have been constructed in general conformance” 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, ” citing as reason therefor that the applicant’s engineers are concerned from an insurance standpoint that the word “certify” will create a problem for them.  She said that the Town Attorney’s recommendation is that the Board decide whether or not to change the language as requested by the applicant.

PUBLIC COMMENT PERIOD OPENED:   David Kent, Fort Hill Road, expressed his support of the project, but also commented about the lack of housing for "working families,” such as firefighters, teachers, bus drivers, etc., and challenged the Board to make some concessions so that developers will build such housing.

Steve Fermanis, President of Dingley Springs Water Association, resident of 16 Jane Street, commented that he believed that adding the word “municipal” would be proactive if something ever came up in the future, and expressed his disappointment that the Town has not striven to create a water district or to get public water in the area.  He also noted that 14 of the buildable sites are within the 2500 foot radius of the public water supply source water protection area for Dingley Springs.
PUBLIC COMMENT PERIOD CLOSED.

Ms. Robie commented that Lots 7 and 9 seem to include some area of greater than 20% slopes and she would like to request a grading plan for those lots.  Ms. Fossum said she believed that should be a Condition of Approval; Mr. Risbara said he would be comfortable providing such a grading plan.  In response to a question from Mr. Parker, Mr. Risbara explained that there is a closing set for Wednesday and the note that needs to be added to the mylar was only presented to them today and that Note 9 is the only one which needs to be added to the plan.  

A discussion ensued about the propose d change to Item 8 of the Conditions of Approval concerning engineer’s certification and the phrasing “general conformance,” with Nancy St. Clair of Sebago Technics, the applicant’s engineer, saying that the word “certify” has major connotations for their insurance carrier and places an onerous burden on Sebago Technics.  Ms. Fossum said she believed that the Board should stay as close to the intent of the Town Council as possible until the Town Council itself amends the ordinance.  Mr. Risbara said he will somehow get Sebago Tech to do the required inspections and do the certification, or he will find another engineer to do it.  Mr. Boyce said he believed that the language as originally written is what should continue to be used until the Code is changed.  The Board members concurred with Mr. Boyce.  Ms. Fossum said that the purpose of an ordinance amendment will be achieve definitions which can be applied to this requirement, and the change in the language could be made retroactive to a certain date.  Mr. Neily said he did not believe that the Board had the authority to change the language that was passed by the Town Council.

        Clark Neily MOVED and Douglas Boyce SECONDED a motion that the Board return to the language originally stated in Condition of Approval No. 8 of “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.”  Motion CARRIED, 7 ayes.  [9:15 p.m.]

Mr. Shields read a new Condition of Approval, to be numbered 9 when the misnumbered original conditions are re-numbered, as follows:  “9.  That the applicant shall provide to the Planning Director grading plans for lots 7 and 9, prepared by a professional engineer, prior to issuance of building permits.”  Mrs. Robie concurred with the new Condition, as did Mr. Risbara.

Mr. Neily praised the Risbara organization, but also voiced his concern about the number of residential units being brought forward and their impact on the municipal services of the Town of Gorham, on the school department, etc.  Mr. Boyce asked for confirmation of the correct number of Conditions of Approval, which now number 11.  Mr. Parker suggested that David Kent’s comments about the lack of housing for working families are more properly addressed to the Town Council.  

        Clark Neily MOVED and Susan Robie SECONDED a motion to grant final plan approval of Risbara Brothers Construction Company’s request for Springbrook Farms Subdivision, a proposed 17-lot cluster subdivision on 59+/- acres off Dingley Springs Road with conditions of approval as posted prior to the meeting and discussed with the applicant and as amended at the meeting.  Motion CARRIED, 7 ayes.  [9:20 p.m.]


8.      PRIVATE WAY PLAN – off 114 BRACKETT ROAD - “ETHEL’S WAY” – STEPHEN O. & JUDY C. BERRY

Andy Morrell, BH2M Engineers, appeared on behalf of the applicants and described the private way as a 436 foot, 22-foot wide gravel roadway with a turnaround.  He asked the Board for a waiver of one of the private way design specifications, which would be to reduce the centerline-to-centerline offset requirement of 200 feet to a 174 foot offset to improve sight visibility on Brackett Road and to avoid removing a considerable amount of mature vegetation that would buffer the roadway from the residence.

Mr. Shields reminded the Board that two motions would be required for this application, and said the plans are in proper shape for approval.

Mr. Grant referred to a comment made by Mrs. Robie at the site walk that if the 200 foot requirement were met, the sight visibility would be aggravated, so to follow a requirement in the Code would actually create a problem.  Mr. Boyce asked if the proposed construction of Brackett Road would cause any problems to the sight distance or grade approach associated with this project.  Mr. Morrell replied that he had met with the Director of Public Works about the need for a culvert where Ethel’s Way intersects with Brackett Road; it was determined that a culvert was not required at that location, and it was agreed that the applicant will coordinate the construction of this roadway and the apron at the entrance with Public Works, who will coordinate the project with the improvements to Brackett Road.  Mr. Neily said he is not concerned about the waiver, as he believes it is necessary to maintain good sight distance.  He did comment about the amount of trash on the site; Mr. Berry replied that most of that has been cleaned out.

        Michael Parker MOVED and Thomas Hughes SECONDED a motion to grant Stephen and Judy Berry’s request for a waiver of the centerline-to-centerline offset requirement in the Land Use and Development Code.  Motion CARRIED, 7 ayes.  [9:27 p.m.]

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant Stephen and Judy Berry’s request for approval of Ethel’s Way, a private way to serve two lots, located off Brackett Road with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [9:28 p.m.]


9.      PRE-APPLICATION CONFERENCE / SITE PLAN – off GORHAM INDUSTRIAL PARKWAY -  “HUDSON DISTRIBUTORS” – HUDSON RPM DISTRIBUTORS, LLC
Discussion of a proposed 9,600 sf industrial building on 1.58 acres to serve as a wholesale magazine and newspaper distribution depot on Lot 5 in the Grondin Commercial Subdivision on land of Grondin. Zoned I; M12/L26.004.

Jim Coffin, Coffin Engineering, appeared on behalf of the application and described the project as a newspaper and magazine distribution depot in a proposed industrial building of 9600 sf on 1.59 acres, Lot 5 of the Grondin Subdivision Plan.  Mr. Coffin asked for guidance on note 10 on the Grondin Plan which requires Planning Board waiver of a 100 foot setback requirement.  Ms. Fossum explained that the 100 waiver was to offset from residential uses, said that this parcel does not abut residential land, and read various sections of the Code dealing with the setback requirement, quoting one section as follows:  “Except where it abuts existing industrial zoned land, all land zoned industrial after November 30, 1998, shall have a perimeter setback of 100 feet which shall be subject to the restrictions set out below.”  She said the Board can waive the 100 foot requirement down to 50 feet if “…it finds that doing so would result in a better plan of development for the project.  No portion of the perimeter setback shall be used for storage of equipment or inventory, service and loading, parking or any buildings or structures.  Subject to paragraph 1 above, access roads and utilities may cross the perimeter setback to provide access to and from a street, but shall be designed to minimize the disruption of the perimeter setback.  No direct access to parking stalls shall be provided from an access road located within the perimeter setback.”  Ms. Fossum also read from the Code that the developer has to provide a landscape buffer area within the perimeter setback, the plan has to be prepared by a landscape architect, which has to be submitted as part of the site plan review.  Mr. Shields commented that these are issues which the applicant and staff will work on together.  Ms. Fossum stated that the 50 foot setback on this plan comes all the way to the building and also would encompass the 7 parking spaces; the 100 foot setback would come through the building.  Mr. Grant asked Mr. Coffin if he understood that the Board feels that they can waive the perimeter setback requirement to 50 feet.  Mr. Coffin asked if the landscape buffer will be required; Mr. Shields replied that staff can work with the applicant.  Mr. Parker said he will be interested in seeing turning radii for trucks on the plan.  In response to questions from Mr. Boyce, Mr. Coffin replied that the detention pond is already built; and that up to 72% impervious area is included in Sebago Technics’ calculations for each lot.


10.     PRE-APPLICATION CONFERENCE / SUBDIVISION – off CRESSEY ROAD - “CRESSEY HILL ACRES” – MARGARET B. YOUNG
Discussion of a proposed 8-lot residential subdivision on 11.94 acres off Cressey Road.  Zoned R&UR; M41/L22.

Steve Doe, a landscape architect with Sebago Technics appeared on behalf of the applicant and presented the proposal.  Mr. Doe said the property is comprised of two zones, Rural Residential with a 60,000 sf minimum lot size and Urban Residential with a 20,000 sf minimum lot size, and all 8 lots exceed the minimum requirements of their respective zones, with the smallest lot being 44,000 square feet.  Mr. Doe said there are no wetlands, the land is well drained and currently is pasture, with Grondin pasture land to the west of the property.  Mr. Doe said that access will be permitted to that pasture land by an easement on Lot 3.  The lot fronting on Route 25 will be accessed from Cressey Road.  Mr. Doe said there is no public water in the area, with bedrock fairly close to the surface, so establishing a fire pond will be difficult and the houses will be sprinkled.  He said that Jay Hewitt at the Portland Water District has prepared an estimate of $98,000 to bring water to the site all the way to the last lot, but some things are not included in that estimate such as crossing Route 25 and dealing with bedrock.  Ms. Fossum, at the Chairman’s request, explained the Fort Hill Water Main Extension impact fee in this area recently adopted by the Council and said that each of these lots will be subject to a $200 fee.  Mrs. Robie asked the applicant to provide grading plans for Lots 5, 6 and 7 for slopes exceeding 20%.  Ms. Fossum replied to Mr. Parker that the urban residential frontage requirement is 80 feet.  Ms. Fossum said that a site walk has been scheduled for June 16, 2004.

11.     ADJOURNMENT

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [10:00 p.m.]

Respectfully submitted,


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

P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN04FY\PBMN060704 sec draft.doc
2.      “PLAS-TECH, INC.” – WEBBER PROPERTIES, 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 is responsible for obtaining all local, state and federal permits required for the development of this project;

3.      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;

4.      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;

5.      That all buildings shall meet all applicable sections of the 101 Life Safety Code;

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 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 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 issuance of any building permits or commencement of any improvements on the site.


3.      SUBDIVISION AMENDMENT – 44 & 48 SANFORD DRIVE - “GORHAM INDUSTRIAL PARK” – PETER WENTWORTH
Approved
Conditions of Approval
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, proposals and supporting documents is subject to review and approval by the Planning Board, except for de minims changes which the Director of Planning and Zoning may approve;

That all previous conditions of approval attached to Gorham Industrial Park Subdivision shall remain in effect;

That the applicant shall provide property line information in auto-cad format and return this to file to the Town Tax Assessor; and

That these conditions of approval and the Final Plan shall be recorded at the Cumberland Country 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 issuance of any building permits for any of the lots within the subdivision.


6.      PRELIMINARY & FINAL SUBDIVISION PLAN & PRIVATE WAY – off 9 FILES ROAD - “PAM’S WAY” – GILBERT HOMES, INC.
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 minims 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 3 (three) copies of the full plan set will be delivered to the Inspecting Engineer, Public Works Director and Director of Planning one week prior to the pre-construction meeting;

5.      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;

6.      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;

7.      The private way shall be maintained for emergency vehicles year-round;

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

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 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

11.     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 issuance of any building permits for any of the lots within the subdivision.


7.      FINAL SUBDIVISION PLAN – off 17 DINGLEY SPRING ROAD - “SPRINGBROOK FARMS” – RISBARA BROTHERS CONSTRUCTION CO., INC.
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 minimis 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 with the approved subdivision, the applicant shall arrange pre-construction meetings with the selected Review engineer, Public Works Director, Fire Chair, Code Enforcement Officer and the Planning Director to review the proposed schedule of improvements, conditions of approval, and site construction requirements;

4.      That 3 (three0 complete sets of the final approved plan set will be delivered to (1) the Inspecting Engineer, (2) Public Works Director, and (3) Director of Planning one week prior to the pre-construction meeting;

5.      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;

6.      That the applicant shall provide property line information and site information is auto-cad format to the Town of Gorham Tax Assessor prior to the scheduled pre-construction meeting;

7.      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, prior to the sale of any lots within the subdivision.  The documents or declaration shall specify the rights and responsibility 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;

8.      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;

9.      That the applicant shall provide to the Planning Director grading plans for lots 7 and 9, prepared by a professional engineer, prior to issuance of building permits;

10.     That a note be added to the plan stating “That a substantial portion of this subdivision lies within the 2500’ source water protection area of a public drinking water supply well and any activity undertaken within the source water protection area of the Dingley Spring Estates well shall be subject to any applicable requirements of state or federal law for the protection of the public water supply;” and

11.     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 issuance of any building permits for any of the lots within the subdivision.


8.      PRIVATE WAY PLAN – off 114 BRACKETT ROAD - “ETHEL’S WAY” – STEPHEN O. & JUDY C. BERRY
Approved
Conditions of Approval:
1.      That this approval is dependent upon, and limited to, the proposals and plans contained in this application and supporting documents submitted and affirmed by the applicants and that any variation from the plans, proposals and supporting documents is subject to review and approval by the Planning Board, except for minor changes which the Director of Planning may approve;

2.      That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;

3.      That prior to the commencement of construction of the private way, the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the paved apron;

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 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;

6.      That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town’s Inspecting Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with Chapter II, Section V, and the approved Private Way Plan; and

7.      That the private way plan 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 a copy of the recorded maintenance agreement shall be returned to the Town Planner.