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06/21/2004 Planning Board Minutes
Town of Gorham
June 21, 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               BARBARA C. SKINNER, Clerk of the Board
THOMAS HUGHES                           
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: June 7, 2004

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


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

Tom Greer, Pinkham & Greer, appeared on behalf of the applicant Peter Wentworth and introduced Kai Adams, Vice President Brewmaster for Sebago Brewing.  Mr. Greer explained that the original proposed 50 by 50’ “future expansion” space on site is now proposed to be a 70 by 70’ outdoor gravel storage area, a gravel pad will be added at the rear of the building, and the area will be fenced in with a 6-foot high chain link fence.

Ms. Fossum made the staff comments, saying that she understood that the chain link fence will also have privacy slats to screen the stored material.  Mr. Greer explained that what will be used is the type of screening used with tennis courts.  Ms. Fossum said that the review engineer is satisfied with the grading and engineering.

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

Mr. Neily commented about the condition of the site and asked if it was Mr. Wentworth’s intention to clean up the property.  Mr. Greer replied that the site will be cleaned up and the vehicles mentioned by Mr. Neily will be moved as paving is completed.  Mr. Parker asked if the Park’s covenants had been examined to determine what kind of fence is required.  Mr. Wentworth said that the Covenants calls only for storage at the rear of the building.  

Clark Neily MOVED and Michael Parker SECONDED a motion to grant Peter Wentworth’s request for approval of a proposed site plan amendment to construct a 70 by 70’ outdoor storage area at 44 Sanford Drive, Lot #9B in the Gorham Industrial Park with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:11 p.m.]


3.      SITE PLAN – 48 SANFORD DRIVE – INDUSTRIAL BUILDINGS –  PETER WENTWORTH
PUBLIC HEARING (continued)
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.

Tom Greer, Pinkham & Greer, appeared on behalf of the applicant and said that some of the grading has been changed to accommodate comments by the review engineer, an underdrain has been added at the back of the building, and some of the parking lot has been re-striped.  

Ms. Fossum presented the staff comments and said that review engineer is now satisfied that all of his concerns have been addressed.  She said that staff recommends an additional Condition of Approval which has been discussed with the applicant, who is willing to accept it, and which is a result of the Code Office’s need to be able to review new tenants in leasable space.  Ms. Fossum quoted the proposed Condition as follows:  “That the developer and/or management company apply for and obtain a Certificate of Occupancy for each new tenant of the individual spaces and submit the required information for that permit to the Code Enforcement Officer and Fire Chief.”

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

Mr. Grant commented that the Planning Board should discuss this new condition of approval at a workshop meeting.  Ms. Fossum said that there is a provision in the Code that changes in use must come back for site plan review; however, there is a new provision in the Code whereby the Code Officer can review the type of change, such as a similar change in use, to determine if a site plan review is necessary.  She said however that there are still some gray areas, and that some sort of business permit may be necessary.  In response to a query from Mr. Parker, Ms. Fossum said Sebago Brew has been through a review already, with the Fire Chief and the Code Officer participating.

Clark Neily MOVED and Douglas Boyce SECONDED a motion to add the proposed condition of approval as Condition #8.  Motion CARRIED, 7 ayes.  [7:21 p.m.]

Michael Parker MOVED and Thomas Hughes SECONDED a motion to grant Peter Wentworth’s request for approval of three proposed buildings with associated site improvements on Lot #9A, a 2.30 acre lot off Sanford Drive in Gorham Industrial Park with conditions of approval as posted prior to the meeting and discussed at the meeting.  Motion CARRIED, 7 ayes.  [7:28 p.m.]


4.      ADJOURNMENT

Michael Parker MOVED and Thomas Hughes SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [7:30 p.m.]

Respectfully submitted,


_______________________________________
Barbara C. Skinner, Clerk of the Board
__________________________________, 2004

P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN05FY\PBMN062104.doc

3.      SITE PLAN – 48 SANFORD DRIVE – INDUSTRIAL BUILDINGS –  PETER WENTWORTH

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 developer and/or management company apply for and obtain a Certificate of Occupancy for each new tenant of the individual spaces and submit the required information for that permit to the Code Enforcement Officer and Fire Chief; and

9.      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.