Town of Gorham, ME - 07/12/2004 Minutes

07/12/2004 Minutes

Town of Gorham

July 12, 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 D. SHIELDS, Assistant Planner

THOMAS HUGHES NATALIE BURNS, Town Attorney

CLARK NEILY BARBARA SKINNER, Clerk of the Board

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.

The Chairman announced that the applicants in Item 5, John P. and Jeanne Kennie, asked that the item be postponed to the July 19, 2004 Planning Board meeting. Ms. Fossum said that the postponement is to enable the applicants’ surveyor time to respond to the Town’s Peer Review Engineer, and recommended that the Board waive the rules in order to take up Item 5.

Michael Parker MOVED and Douglas Boyce SECONDED a motion to take Item 5 out of order. Motion CARRIED, 7 ayes. [7:01 p.m.].

Michael Parker MOVED and Clark Neily SECONDED a motion to postpone Item 5 to the Planning Board meeting of July 19, 2004. Motion CARRIED, 7 ayes. [7:02 p.m.]

1. APPROVAL OF MINUTES: June 21, 2004

Michael Parker MOVED and Thomas Hughes SECONDED a motion to approve the minutes of June 21, 2004, as written and distributed. Motion CARRIED, 7 ayes. [7:05 p.m.]

Mr. Stelmack asked that he be recused from discussion on Item 2 due to his personal friendship with the applicant.

Clark Neily MOVED and Douglas Boyce SECONDED a motion to recuse Mr. Stelmack from discussion on Item 2. Motion CARRIED, 6 ayes (Mr. Stelmack recused). [7:06 p.m.]

2. FINAL SUBDIVISION & SITE PLAN – “MORRILL PLACE CONDOS” – off 42 MORRILL AVENUE – PINES OF PORTLAND II, LLC, GREG McCORMACK & AMY MULKERIN, PRIN.

PUBLIC HEARING (cont.)

Request for final subdivision and site plan approval of a 20-unit/10-duplex condominium development on 7.5 acres on land now or formerly of Phinney. Zoned UR; M25/L6 & M106/L9.

Jeff Perry, Sebago Technics, appeared on behalf of the applicants and said that DEP approval has been obtained for the stormwater management plan, and as a result of DEP’s requirements, the stormwater pond at the southwest corner has been enlarged so there will be no increase in the amount of stormwater leaving the site into the off-site system.

Mr. Shields presented the staff comments, giving an overview of the project. He commented that the homeowners’ association to be formed will maintain the private roadways and the detention facilities, and will also be responsible for the maintenance and fire protection services associated with the fire hydrants. He discussed pedestrian circulation, noting that a sidewalk will be constructed on the west side of Ball Park Road and will be made of vertical granite curbing with a small closed drainage system. Mr. Shields said that the applicants propose to construct the sidewalk prior to the start of Phase II of the development, so Condition of Approval #8 has been included, which states “That the proposed sidewalk improvements along Ball Park Road will be constructed prior to the issuance of any building permits in Phase II of the development.” Mr. Shields said that the fencing has been removed from the buffering plan and replaced with either a single or a double row of fir trees, and there are several areas that will have “tree save” markings in order to maintain current tree growth during and after construction. He said that the one area which has changed the most in buffering is in the southwest corner where some of the wetland plants which had been in that area will be lost as now there will be a one to two foot depression for excess stormwater storage. Mr. Shields said that the changes made in the southwest corner resulted from the stormwater capacity analysis done of the Village Woods subdivision and the surrounding area. Mr. Shields commented that the Town’s traffic Review Engineer, Diane Morabito, does not believe that this development will make more than a “minimal” impact on the “F” level of the intersection of Morrill Avenue and South Street.

PUBLIC COMMENT PERIOD OPENED:

Elaine Liberio, 7 Liberio Lane, spoke about potential health problems, such as an increase in mosquitoes and the smell of rotting vegetation, in the detention ponds. She stated there would be standing water in the ponds, and showed photos of other detention ponds in Gorham as well as her back yard. She spoke about the lack of a sidewalk on Morrill Avenue, traffic concerns, and urged the Board to make the right decision for the Town of Gorham. She said she believed that were it not for the neighbors’ concerns and complaints as they exercised their rights, the original larger development would still be under consideration by the Board. Mrs. Liberio thanked the Board for their cooperation and said the neighbors will work to change the Code to make it friendlier to the citizens of Gorham.

Lisa Bolduc, 7 Sylvan Road, asked what it would take for the Board to say “no” to development in this neighborhood in the future or hold a developer accountable for the traffic issues. She said she does not like the sidewalk on Ball Park Road, and also asked who will be responsible for taking care of the landscaping.

Peggy Clements, 10 Morrill Avenue, spoke about traffic and the wildlife which will be displaced. She thanked the Board for their hard work and for listening to the neighbors, and said she is still opposed to the development.

Al Liberio, 7 Liberio Lane, said that the Board’s decision to approve this plan will put all Morrill Avenue residents’ and their visitors’ lives in greater jeopardy, will substantially decrease the property value of every abutting neighbor, will not put a dent in the so-called urban sprawl problem, will elevate the chance of physical and bodily harm to every high school student and visitor to the high school, will not decrease the tax burden for any Gorham resident, will add another work load for the police and fire personnel, will not add enough tax dollars to offset the problems it will create, could in many ways cause several class action law suits to be brought against the Town of Gorham, will show what sheer folly the Town of Gorham committed by having the only road in and out of this project right in front of the high school, and will decrease the quality of life in this neighborhood and make Gorham a less desirable place to live. Mr.

Liberio said that if halting this development takes the resignation of the Board, the members should have the courage to resign now.

Mary Ellen Valentine, 19 Morrill Avenue, spoke about the poor air quality in the neighborhood due to the 17 standing buses spewing fumes while they wait for children along Morrill Avenue twice a day during the school year and other vehicular traffic of those attending sports functions at the school. She said the EPA told her to deal with the Town first. Ms. Valentine also spoke about a possible mosquito problem due to the detention ponds.

Gail Lawrence, 14 Morrill Avenue, asked what the new buffering will be.

PUBLIC COMMENT PERIOD CLOSED.

In response to some of the public’s comments, Mr. Perry said that the new buffering will consist of a mixture of double and single rows of fir trees around the perimeter of the property where it abuts existing developed homes, and an existing stand of trees near the Liberio residence will be maintained. Mr. Perry said that the detention basins are designed to hold water during a storm event, and once the event is over, the water in the ponds will be released at pre-development rates. He said they will hold water for a couple of days and they will be able to be mowed. He said there is no wetland vegetation in the basin area, it is upland vegetation.

Mary Ellen Valentine returned to the podium to ask that the trucks involved in the construction of the project enter and leave the site by way of Access Road and not Morrill Avenue.

Ms. Robie asked Mr. Perry about style variations of the duplexes and commented that there should be no more than 25% of the same design. Mr. Perry said that the end unit styles will be colonial and cape, with the colonial style at 75% and the capes 25%. Ms. Mulkerin said that the styles will be varied by the use of porches and other architectural features, such as clapboard and shingles, and different colors. Mr. Grant commented that based on past experience with the developer’s work, he is confident this product will be satisfactory. Mr. Hughes said he had no problem with the mix but asked about the timing of the construction of the phases relative to the building of the sidewalk set out in Condition of Approval #8, asking what would happen if the developer does not go to Phase 2. Ms. Fossum said that it was intended that the cost of the sidewalk be bonded when the applicant comes in with the bond for the entire project. In reply to Mr. Hughes, Mr. Perry said that each phase will take a year. Ms. Robie said that the building diversity should be made as a Condition of Approval. Only Mr. Parker agreed with Ms. Robie. Mr. Neily expressed himself as satisfied with the proposed diversity, as did Mr. Grant.

Mr. Neily assured the public that the decisions about this project have not been made lightly and all the problems have been examined carefully, and the Board has tried to be fair to the abutters about their concerns. Mr. Grant agreed with Mr. Neily, and said that there should be a sidewalk on Morrill Avenue but it was not feasible to do it with the existing right of way. Mr. Parker said that the Morrill Avenue neighbors should take their concerns about traffic to the Town Council and the Planning Board is not the right place to impact traffic problems. Mr. Boyce said he appreciated the concerns of the abutters, that the project has been reviewed by the Town’s engineers and has been modified to meet the standards in the ordinance. Mr. Shields confirmed that there will be no Condition of Approval on building styles. Ms. Robie asked where handicapped access will be on the Ball Park sidewalk; Mr. Perry replied that it will be at the intersection of Morrill Avenue and Ball Park.

Douglas Boyce MOVED and Susan Robie SECONDED a motion to grant final site plan and subdivision approval of Pines of Portland II, LLC’s request for Morrill Pines Condominiums, a proposed 20-unit condominium development on 7.49 acres off Morrill Avenue with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 6 ayes (Mr. Stelmack recused). [7:55 p.m.]

3. SITE PLAN AMENDMENT – “LAKE REGION FURNITURE” - 673 MAIN STREET – CROCKETT BROTHERS CORP., STEPHEN & SCOTT CROCKETT, PRIN.

Request for a site plan amendment to remove the approval of a private sewer line and allow the installation of an on-site septic system. Zoned RC; M12/L27.

Stephen Crockett explained that the previously approved site plan required that a private sewer line connecting into public sewer was to be utilized to upgrade the service to the expanded facility, as the existing septic system was determined to be inadequate for the proposed expansion. Mr. Crockett said that originally they had considered connecting to the Town sewer, but because of cost constraints, they are now proposing to upgrade the current septic system with the Board’s approval.

Mr. Shields presented the staff comments, noting that originally there were two possible sewer connections, one up Bartlett Road and one to the newly constructed Gorham Industrial Parkway. He said that the Code Officer has deemed their existing septic system inadequate for an expansion. Mr. Shields pointed out that the area now being considered for the upgraded septic system is one that had been considered for possible future parking, but since the applicants have purchased land to the south and east of their site, they now have ample area for any additional parking if necessary .

Mr. Grant read from the Town’s Waste Water Ordinance under “Use of Public Sewer” the following: “The owners of any building used for human occupancy, employment, recreation, or otherwise contains plumbing systems for conveying water borne waste, situated within the Town and abutting on any street, road, or right-of-way in which there is now located or planned to be located a public sanitary sewer, excluding force mains, in hereby required to connect…any said plumbing facilities directly with the public sewer …” Ms. Fossum said that the key factor is that this property does not directly abut a right of way with a sewer in it or one which is proposed to have sewer installation.

Mark Stelmack MOVED and Clark Neily SECONDED a motion to grant Crockett Brothers Corporation’s request for approval of a site plan amendment, to construct an on-site sewerage disposal system in place of connecting to public sewer, with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [8:11 p.m.]

4. PRELIMINARY SUBDIVISION – “HARDING BRIDGE FARM” – off 129HARDING BRIDGE ROAD – LITTLE RIVER PROPERTIES, LLC, KENNETH & CAROLYN GRONDIN, PRIN.

Request for preliminary approval of a 14-lot residential subdivision on 80 acres with two proposed public roads. Zoned R/SZ-RP; M50/L13; M44/L10.

Owens McCullough, Sebago Technics, appeared on behalf of the applicant and presented an overview of the project. He said that 14 lots are to be served by a 1500 foot extension off Harding Bridge Road, and will have on-site individual waste water disposal systems and public water. Mr. McCullough said that there is a42 inch transmission main just off this property, located on abutting property belonging to Gilbert Homes, who is proposing to develop Phase III of that development. He said that Mr. Grondin, Mr. Gilbert, the Portland Water District and he have met and worked out an agreement whereby this development will extend public water from the 42 inch main through Gilbert’s property across to this property. Mr. McCullough said that a wetlands survey has been completed and the Class B high intensity soils survey test pitting for on-site septic systems has been done with the lots configured accordingly. He said that slopes greater than 33% have been mapped, as well as the slopes between 20 and 33% as required by the ordinance, with the slopes greater than 33% automatically deducted in their Net Residential calculations, as were the 20 to 33% slopes which fell outside the development area. He said that both the Shoreland Zone (measured 250 feet horizontally back from the edge of the Little River) and Resource Protection Zones have been de fined, and pointed them out on the plans. Mr. McCullough said that a flood plain study has been completed to determine the 100-year flood elevation, which is delineated on the subdivision plan. He discussed the snowmobile route which runs along the 42 inch pipeline and connects into the discontinued portion of the Harding Bridge Road, and said that an easement has been provided all the way down to the River along the water main easement instead of along the discontinued portion of Harding Bridge Road, which will be the backyards of the lots of both Grondin’s and Gilbert’s developments.

Mr. Grant commented that there is another party independent of the two developments whose permission will be necessary for access to the River. Mr. McCullough agreed, saying there is a parcel in between Mr. Grondin’s land and the water main easement, belonging to Althea Irish, but they can put an easement on their property to make sure that access is provided.

Mr. Shields presented the staff comments, noting that the Fire Chief has concerns regarding the dead end roadway length of the existing Harding Bridge Road with the newly proposed extension. He said that engineering plans for the water extension for this development have been reviewed, but there are no plans for the extension of the water line across the adjacent property, so there is a proposed preliminary condition of approval calling for engineering plans approved by the Portland Water District for the water line across the adjacent parcel. Mr. Shields also referred to the memorandum from the Public Works Director about the improvements and the anticipated cost of $125,000 to $140,000 that will be required for Harding Bridge Road for this development as well as the future Gilbert Homes development.

The Chairman announced that the halfway point of the 3-hour evening meeting had been reached, that there will be another Board meeting on July 19, 2004, and that anything not heard tonight will be heard next week.

Stretch Break from 8:30 to 8:40 p.m.

4. PRELIMINARY SUBDIVISION – “HARDING BRIDGE FARM” – off 129HARDING BRIDGE ROAD – LITTLE RIVER PROPERTIES, LLC, KENNETH & CAROLYN GRONDIN, PRIN. - CONTINUTATION

PUBLIC COMMENT PERIOD OPENED: None offered.

PUBLIC COMMENT PERIOD ENDED.

Mr. Neily expressed his opinion that because this proposed development and the possible future development are necessitating the improvements to Harding Bridge Road, the two developers involved should be responsible for the improvements. Mr. Grant spoke about the memo from the Public Works Director that the road improvements should be done toward the end of these two developments when large heavy construction vehicles will no longer be using the road. Mr. Grant said that the cost of the road improvement should be worked out between the two developers so that Mr. Grondin can be reimbursed by Mr. Gilbert when that project starts. Mr. Stelmack asked the applicant what he thinks about picking up the tab for the roadway improvements. Mr. Grondin replied that both he and Mr. Gilbert have acknowledged that they would need to pay toward that cost, and he is willing to pay $1500 per unit. Mr. Grant commented that the two developments total some 63, and at $1500 per unit, the total achieved would only be $94,500. Mr. Grondin said he would be glad to participate at the $1500 range, and the final cost of the improvements needs to be calculated by a contractor who would quote on the work. Mr. Grant asked if the cost includes the design. Mr. Grondin said that the right of way needs to be confirmed and the Town should participate in the boundary survey. Mr. Grant said that the two projects are causing the need for the road improvements, and that he did not believe the Town would participate in the cost. Mr. Parker said that the second development could cause an even greater impact on the road, perhaps making more upgrading necessary. Mr. McCullough said that they would like an opportunity between preliminary and final approvals to get back together with staff, Bob Burns, Don Gilbert and Peter Tubbs to review the issue to work through it. Mr. Grant said that there can be no shortcuts and Mr. Burns’ numbers are what will have to be worked with. Ms. Fossum said that the developer will make the improvements to the road, and it will not be a Town-administered project. Mr. Stelmack said that the Mr. Burns should confirm what is included in his range of $125,000 to $140,000 range. Mr. McCullough said Mr. Burns was talking about milling the surface of the road, adding about 3 to 4 inches of reclaimed material, compacting that, and then adding 4 inches of pavement, along with some ditch work.

Ms. Robie asked if there is a public easement on the discontinued portion of Harding Bridge Road and if it will remain. The Town Attorney, Natalie Burns, replied that Maine law says when a road is discontinued, a public easement is retained unless the order of discontinuance states otherwise, which is not the case here. She said the statute further states that the public easement includes, without limitation, the right of public utilities, but does not specifically address access, so just to be certain it does not hurt to get additional rights in the area. Mr. McCullough said it was his sense from the site walk that focus should not be placed where the two subdivisions will abut, but rather focus on where the water line easement comes into close proximity and where the existing trail and primary patterns of users exist. Mr. Parker said there is trail that follows the water easement and then connects to the lower part of the discontinued Harding Bridge Road. Mr. Grant asked Mr. Boyce to re-state what he had said at the site walk; Mr. Boyce replied that he would like to see a formal easement for pedestrian access to the River to come from the north, to ultimately tie into the other potential development, in lieu of creating a formal easement where there is now a right of easement over the discontinued road, but his concern would be about that portion not owned by either developer. Mr. Boyce said that the Board would like to establish a link, and suggested that the applicant work with Mr. Gilbert to see what they could mutually resolve. Ms. Burns confirmed to Mr. Grant that when the road was discontinued, the underlying fee went back to the abutting property owner, and certainly they would have the right to grant easement interests that are not inconsistent with the public easement that was retained. Mr. McCullough, in response to a query from Mr. Stelmack, said that the applicant is taking his share of the road, based on the discontinuance, and giving a 30-foot access easement all the way from the River back up to the Gilbert property. In response to a remark from Mr. Parker, Mr. McCullough said that the topography of the Shoreline Zone does not lend itself to any kind of usable public access, so an easement was created along the bridge on a flatter area. Mr. Grant and Mr. Hughes suggested that parking also needs to be provided in connection with the public access to the River.

Ms. Fossum reminded the Board that what the Board has seen of Mr. Gilbert’s Stonefield Phase III was only the pre-application sketch plan for the site and a site walk, and Mr. Gilbert has not yet been back to proceed on his plan. She said that the Board is relying on a middle piece that is not yet formally before the Board when discussing the Gilbert project. Mr. McCullough said that an easement can be created over the applicant’s piece of the road and, working with staff, language can be crafted that perhaps rescinds that easement when the Gilbert project is brought forward.

Mr. Grant referred to the Fire Chief’s desire to be able to use Harding Bridge Road or Mr. Gilbert’s road, but the cost burden would be placed on Mr. Grondin. Ms. Robie said that from a land use standpoint, interconnected roads, rather than dead ends, are a good idea. Mr. McCullough said that there is a plan to loop the road in the next phase of the development. Ms. Fossum said that the Fire Chief knows about the possible loop, but one of his concerns is that from a firefighting perspective, they like to lay their lines in one direction and have access from the other directions, so he will always support the opportunity to create interconnections. The Board expressed itself satisfied with the existing fire protection design.

The Board also discussed the need for a future extension to the Irish property, and from whose property it should extend, and determined that this question is one which the applicant should discuss with staff and Mr. Gilbert. Ms. Fossum said that it may come off of the Gilbert subdivision or a right of way may need to be extended off this property. Mr. Shields said he believes the future right of way would be more appropriately considered in the second phase of this development. Mr. Grant wondered how the Town Council could discontinue the road and landlock the Irish property. Ms. Burns said where there is a public easement retained, it is not considered to be a landlocked parcel, because Gorham does not require that all parcels that are developed be located on a public road. Mr. Boyce asked Mr. McCullough for clarification of the DEP requirements. Mr. McCullough replied that this phase does not require DEP approval, but when phase 2 begins DEP approval will be required. Mr. Boyce asked if DEP might find conditions unfavorable to create the loop road; Mr. McCullough said he was comfortable that DEP would approve the loop. Ms. Robie commented that lots 12 and 13 have slopes of 20 to 33% included in the developable areas, and she asked Mr. McCullough to provide either building envelopes on the lot that do not include any slopes or a grading plan that shows very specifically how the house will be accommodated on the lot.

Mr. Grant said he would like to see the applicant return with these issues resolved before final approval. Mr. McCullough said there re essentially 5 items that need to be considered, but he did not believe that any of them was a barriers toward moving forward. Mr. Shields said the plans are 95% of the way there. Mr. Grant reiterated that there are many issues remaining to be resolved and the plans are not complete, and said he was not comfortable with granting preliminary approval. Mr. Grondin commented that he sees two key issues: one being the roadway improvements, to which he agreed to contribute, and the second is the Town’s wish for an easement to the River, which he has agreed to provide when the Town tells him where to put it. Mr. Grant said there are many options that have not been considered. Mr. Grondin said he will pay the $120,000 in its entirety if Don Gilbert does not participate. Mr. Stelmack said he agreed with Mr. Grant that a closer look needs to be taken at the road issue. Mr. Shields said the bottom line is not the cost, it is the work that has to be done.

Mr. Grant said he would like to see the plans better refined and was not comfortable voting for preliminary, and then polled the Board. Ms. Robie said she would vote for preliminary approval, as did Mr. Neily, Mr. Boyce, Mr. Hughes and Mr. Parker. Ms. Robie said that this plan needs to stand on its own, without the Gilbert project being involved, and all of the choices need to have contingencies written into them so that the Town is protected in case Mr. Gilbert does not proceed with his project. Ms. Fossum said that the actual engineering design to connect to the 42” water line has not been completed, and it should be as a part of this project and before the developer submits a final plan. Ms. Burns read five conditions of approval to be included in a motion for preliminary approval as follows: (1). the developer shall submit final engineering plans approved by the Portland Water District for the water line extension across the adjacent property to serve this development; (2) the applicant shall work with the Public Works Director to develop a plan to improve the Harding Bridge Road in accordance with the terms of the Public Works Director’s July 8, 2004 memorandum; (3) the applicant shall develop a plan for an easement for public access to the Little River, including public parking; (4) the applicant shall work with staff to resolve the issue of access to the Irish property; and (5) the applicant shall provide a grading plan for Lots 12 and 13 as part of the final plan submission.

Douglas Boyce MOVED and Susan Robie SECONDED a motion to grant preliminary plan approval of Little River Properties, LLC’s proposed “Harding Bridge Farm,” a 14-lot subdivision on 71 +/- acres off Harding Bridge Road with the five Conditions of Approval as drafted by the planning staff and discussed with the applicant during the meeting as follows:

1. The developer shall submit final engineering plans approved by the Portland Water District for the water line extension across the adjacent property to serve this development;

2. The applicant shall work with the Public Works Director to develop a plan to improve the Harding Bridge Road in accordance with the terms of the Public Works Director’s July 8, 2004 memorandum;

3. The applicant shall develop a plan for an easement for public access to the Little River, including public parking;

4. The applicant shall work with staff to resolve the issue of access to the Irish property; and

5. The applicant shall provide a grading plan for LotPs 12 and 13 as part of the final plan submission.

Motion CARRIED, 5 ayes and 2 nays (Grant and Stelmack). [10:00 p.m.]

5. SUBDIVISION AMENDMENT – “RIVERWOOD” – off SEBAGO LAKE ROAD – JOHN P. & JEANNE KENNIE

Request for an amendment for a lot-line change. Zoned R; M72/L21&25.002.

POSTPONED TO 07/19/04

6. PRE-APPLICATION / PIT EXPANSION – “GORDON PIT” – off MIGHTY STREET - GORDON’S SAND & GRAVEL, INC., JACK GORDON, PROP.

Discussion of a proposed amendment for a gravel pit expansion. Zoned R-SZ; M86/L11.

NOT HEARD – rescheduled to 0 7/19/04

7. PRE-APPLICATION CONFERENCE / SITE PLAN – “PEOPLES BANK GORHAM BRANCH” – off 99 MAIN STREET – BANKNORTH, N.A.

Discussion of a proposed site plan for a 2,470 sf retail banking office. Zoned UC; M102/L155.