Town of Gorham
July 19, 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
THOMAS HUGHES BARBARA SKINNER, Clerk of the Board
CLARK NEILY
MICHAEL PARKER
SUSAN ROBIE
MARK STELMACK
DOUGLAS BOYCE, VICE-CHAIR (Arrived at 7:10 p.m.)
The Chairman opened the meeting at 7:00 p.m. The Clerk called the roll, noting that Douglas Boyce was absent.
1. APPROVAL OF MINUTES: JULY 12, 2004
Michael Parker MOVED and Clark Neily SECONDED a motion to postpone approval of the minutes of July 12, 2004. Motion CARRIED, 6 ayes (Douglas Boyce absent). [7:02 p.m.]
2. SUBDIVISION AMENDMENT – “RIVERWOOD” – off NORTH GORHAM ROAD – JOHN P. & JEANNE KENNIE
Request for an amendment for a lot-line change. Zoned R; M72/L21&25.002.
The Planning Director pointed out a correction to the agenda description of the item in that the subdivision is off Sebago Lake Road, Route 237, and not North Gorham Road.
Ernest Manderson, Esquire, appeared on behalf of the applicants and explained that when the Kennies bought their house in 1987, it was very close to the house, so they moved the house back on its lot about 20 feet and then later built a deck. Now they are proposing to sell their house, and the mortgage inspection revealed that both the deck and the northeast corner of the house sit on adjacent land. The owner of the adjacent land, Mrs. Hope King, has agreed to a land swap, adding 3012 square feet to the easterly side of the Kennie lot and swapping a 3012 square foot section on their easterly line back to Mrs. King. Mr. Manderson said there is no further construction planned for that area.
Ms. Fossum presented the staff comments, stating that this land swap is to make the Kennie parcel a conforming lot under the zoning ordinance so that they can then proceed to sell the property. She said that the abutting property owner, Hope King, whose property is within the Riverwood Subdivision, has agreed to the land swap, and because this is a lot line change to one of the lines in the Riverwood Subdivision, amendment and approval by the Planning Board are required. She said that the survey plan has been submitted to an outside surveyor for review and all of the requisite information that would be needed in the Registry has been provided, and based on that review the proposed amendment meets the Code’s requirements. She said that there is a recommendation that the Board waive some of the
standard subdivision requirements because there is no practical reason or need to look at those requirements, which are items 8 through 24 on the Planning Board checklist in the appendix of the Land Use Code. She said that a recommendation has been made that in several places on the plan a note be added that there be 5-inch iron pins to be set at the corners of Hope King’s property, and these notes have been added in the appropriate places on the plan.
PUBLIC COMMENT PERIOD OPENED: None offered
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily commented that the application seems straightforward and the Board should move forward with it. Mr. Parker asked if there was any reason not to want to waive items 8 through 24. Ms. Fossum replied that there is no reason not to grant the waiver, as these items would have been answered with a “NA” or “not applicable.” She indicated that a separate motion could be made specific to that waiver.
Clark Neily MOVED and Michael Parker SECONDED a motion to waive items 8 through 24 on the checklist of application submittal requirements. Motion CARRIED, 6 ayes (Douglas Boyce absent). [7:07 p.m.]
Mark Stelmack MOVED and Thomas Hughes SECONDED a motion to grant approval of John P. and Jeannie Kennie’s request for an amendment to the Riverwood Subdivision with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 6 ayes (Douglas Boyce). [7:09 p.m.]
Mr. Boyce arrived at 7:10 p.m.
Mr. Grant asked that he be excused from participating in Item 3 as he is an abutter to the property.
Clark Neily MOVED and Thomas Hughes SECONDED a motion to excuse Mr. Grant from participation in Item 3. Motion CARRIED, 6 ayes (Harold Grant excused) [7:11 p.m.]
Mr. Boyce assumed the Chair.
3. 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.
Walter Stinson of Sebago Technics appeared on behalf of the applicant and introduced Jack Gordon. Mr. Stinson showed on a plan the original 29 +/- gravel pit on Mighty Street for which Mr. Gordon received approval in 1995 or 1996. He said the pit was approved in two phases, the first being 7 acres in size, phase 2A about 19 acres, and phase 2B about 2 acres in size. He demonstrated the gravel pits which existed at that time, one of 1 acre and one of 3 acres. Mr. Stinson said that part of the approval called for access through a road which has been constructed and approximately 600 feet have been paved, which Mr. Gordon presently uses to access the pit. Mr. Stinson showed the current pit location and the proposed new pit area of some 99 acres, representing a 60-acre expansion. He said that
buffers would be 100 feet from Mighty Street, 200 feet on the west, 100 feet on the south, 100 feet from the river, and there is a 10-foot set back agreement from the Leavitt property. He said that this project will require approval by the Maine DEP. Mr. Stinson said that Mr. Gordon is also requesting approval to place a crusher on site on a temporary basis to use for recycling operations.
Ms. Fossum gave the staff comments, saying that the original pit approval was a large one in 1992, and there was an amendment to the plan in 1994. She said that the Planning Board placed an extensive number of conditions of approval on the project which will need to be reviewed and assessed with the applicant and the Town’s consulting engineer to determine the status of meeting those obligations. She asked Mr. Stinson how large the existing pit is. Mr. Stinson replied that it is around 9 acres. He said that a DEP permit was not secured in the past for the larger pit, and when DEP changed the law on gravel pits, Mr. Gordon revised his plan and came back to the Town for an amendment with an area less than 30 acres in size.
Mr. Boyce confirmed with Mr. Stinson that the applicant has permits for about 29 acres, of which only 8 or 10 acres have been excavated to date in the past ten years. Mr. Boyce asked why the e existing permit is not sufficient. Mr. Stinson replied that Mr. Gordon is planning for the future with a long-term plan for his land.
PUBLIC COMMENT PERIOD OPENED. None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Stelmack asked if there are any reclamation plans for the existing 9 acre pit. Mr. Stinson replied that Mr. Gordon has not yet passed the threshold for reclamation but he does have a plan. Mr. Stelmack also said he would like to see one plan showing both the existing pit and the proposed pit. Mr. Hughes confirmed with Ms. Fossum that a pit of this size will generate a traffic study. Mr. Parker said that since the Board will have to study the original conditions of approval, he trusts that the applicant will be well versed in them as well. Mr. Boyce asked that there be aerial photos showing the property boundaries.
Mr. Boyce said that a site walk would be scheduled. [7:25 p.m.]
Mr. Grant returned to the Chair.
4. PRE-APPLICATION CONFERENCE / PRIVATE WAY AMENDMENT – “WIGHT LANE” – off GREAT FALLS ROAD - GILBERT HOMES, INC., DONALD GILBERT, PRES.
Discussion of a proposed amendment for a 1,090’ extension, 22’ wide. Zoned SR/MH; M92/L23.005-.008.
Bill Thompson, BH2M Engineers, appeared on behalf of the applicant. Mr. Thompson said that the existing private way was built in 2000, it is about 560 feet long and was to serve one house lot on the left. It is 16 feet wide with a 12-foot travel lane and 2 foot shoulders. As part of the expansion, the existing private way will be upgraded to meet the current standards for a 6 lot private way, which will be 18 feet travel way with 2 foot gravel shoulders on each side. He said the land was divided by court order in 1997, so the lots do exist, and the first section of the private way was approved and built in 2000. He said it is proposed that they will also do improvements at the entrance and will extend the existing culverts.
Ms. Fossum said that staff has no comments at this time.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily asked what the total length of the road will be with the extension. Mr. Thompson replied that the total length will be about 1600, or 560 feet plus 1090 totaling 1650 feet.
The Chairman said that a site walk will be scheduled. [7:45 p.m.]
5. PRE-APPLICATION CONFERENCE / SUBDIVISION & PRIVATE WAY – off LINE ROAD - BRIAN LEAVITT
Discussion of a proposed 5-lot residential subdivision on 10.33 acres with a 550’ private way. Zoned SR; M74/L6 & 5.002.
Charles Brown of Sebago Technics appeared on behalf of Mr. Leavitt and described the project, saying that it is proposed to divide a 10.33 parcel into 5 single family residential lots, ranging from 1.5 to 2.7 acres. He said the property is located at the intersection of Line Road and Elliott Road. He said a small lot in the most southerly corner of the property has been conveyed to Mr. Leavitt’s sister and is not included in the proposed subdivision. The proposed private way will be approximately 550 feet long with a hammerhead turnaround, constructed to the 18 foot gravel standard with 2 foot gravel shoulders, and will exit Line Road close to the current field entrance. The northwestern portion of the site, adjacent to Elliott Road, is all wooded, there is a wetland within
proposed lot 3 which will not be impacted by the development. He said the stormwater management system is still in the design stage, but it is anticipated that a detention pond will be installed in the area which Mr. Leavitt and his wife are conveying to the project and current flow patterns will not be disturbed.
Ms. Fossum said that there are no staff comments at this time.
PUBLIC COMMENT PERIOD OPENED:
Dick Pratt, 96 Files Road, expressed his concerns about stormwater management and runoff, saying that there are washout problems now from water flowing out of a current detention pond onto his property. He also asked whether a proposed house moving should be included in the scope of the development and added to the plans. Mr. Pratt commented about the use of heavy equipment on Files Road due to Mr. Leavitt’s construction business.
James Puthoff, 21 Elliott Road, said that Mr. Leavitt had an oral agreement with his father, now deceased, never to build a house behind his parents’ home. He said that Mr. Leavitt has not spoken with them about his intentions. Mr. Grant suggested that Mr. Puthoff attend the site walk to point out his issues.
Mrs. Puthoff, Mr. Puthoff’s mother, asked how they would find out about a site walk. Ms. Fossum explained to her that as abutters, they would receive the same notice about a site walk as they had received about tonight’s meeting. Ms. Fossum said that any survey work, however, probably occurred well before any submission to the Town, and there is no notice requirement on the part of the Town for that.
Ellwood Sunnell, 115 Files Road, spoke about traffic safety on Files Road. He said that the police have told them that there is no ordinance saying how fast traffic can travel on Files Road.
PUBLIC COMMENT PERIOD ENDED.
Mr. Pratt returned to the podium to ask why access to Line Road should be needed when there is access from Elliott Road without adding another road.
Mr. Grant commented about the history of the area and a court-ordered condition that there be an island in the middle of the fire pond on Files Road, and said that this island was to have been removed. Mr. Brown confirmed that the fire pond is on Files Road, adjacent to Mr. Leavitt’s property, and that they are considering using it for a back up system. Mr. Grant commented that in recent times the Fire Chief has required that houses be sprinkled, and that this is an issue for discussion with him. Mr. Boyce asked for a plan that also shows Files Road. Mr. Neily said he would like to see an inset showing the property location, and suggested that the Planning Department should not accept any plans that do not have the locus shown. Mr. Stelmack asked which direction the Public Works
Director wants to see a hammerhead turn; Ms. Fossum said that Mr. Burns would like to see it turn to the right.
Mr. Grant said that a site walk will be scheduled. [7:50 p.m.]
6. PRE-APPLICATION CONFERENCE / PRIVATE WAY AMENDMENT – “DUCATI DRIVE” – off 361A FORT HILL ROAD – DANA H. FRIEND
Discussion of a proposed private way amendment to add a third lot. Zoned R/SZ; M64/L10.001.
Les Berry, BH2M Engineers, appeared on behalf of Mr. Friend and said that Ducati Drive was approved in 1993, and reapproved with the addition of a new lot in 2001, with a condition that no further lots be developed without Planning Board approval. Mr. Berry said that the private way site distance at 114 is just 500 feet, technically meeting site distance requirements, but he would like Board members to look at it during the site walk. He said Mr. Friend would like to create another lot.
Ms. Fossum said that there are no staff comments at this time.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Neily asked if DOT’s plans for Route 114 have an impact on this application. Mr. Berry replied that the site is within the area of Route 114 that has already been improved, and the entire sight distance is within that “good” area..
Mr. Grant said that a site walk will be scheduled. [7:55 p.m.]
7. PRE-APPLICATION CONFERENCE/SUBDIVISION & PRIVATE WAY – “MISTY DAWN LANE” – off DAVIS ANNEX ROAD – BEAUMIER DEVELOPMENT CORP., CALVIN L. BEAUMIER, PRIN.
Discussion of a proposed 6-lot residential subdivision on 14.62 acres with a 865’ private way. Zoned SR; M38/L3.
Lynwood Myshrall, Land Use Consultants, appeared on behalf of the applicant and described the project, saying that the 6 proposed lots will be served by a private way, Misty Dawn Lane, approximately 865 feet long and 18 feet wide. He said that the lots will be served by onsite septic systems and private wells, with underground utilities. He said that stormwater runoff is proposed to be collected in roadside ditches and drained to a detention pond in the lower end of the site, with fire protection via a fire pond near the entrance to Misty Dawn Lane. He said that the applicant is proposing to upgrade Davis Annex from his boundary line down to the subdivision.
Ms. Fossum said that there were no staff comments at this time.
PUBLIC COMMENT PERIOD OPENED: None offered.
PUBLIC COMMENT PERIOD ENDED.
Mr. Parker asked for a locus insert on the plan. Mr. Grant asked if Davis Annex was paved in any place. Mr. Myshrall replied that it is gravel all the way from Flaggy Meadow.
Mr. Grant said that a site walk will be scheduled. [8:00 p.m.]
8. PRE-APPLICATION CONFERENCE / SUBDIVISION & PRIVATE WAY – off HARDING ROAD – SANDRA J. CHRONOPOLOUS
Discussion of a proposed 10-lot residential subdivision with a proposed private way and a proposed public road on 24.48 acres. Zoned SR; M35/L12.006.
Les Berry, BH2M Engineers, appeared on behalf of the applicant and said that of the 10 lots, 7 will be on the public road and 3 will be on the private way. He said that the site has wetland at the rear of the property, and the rest is open fields and wooded. He said that the lots will be served by public water.
Ms. Fossum said there are no staff comments at this time.
PUBLIC COMMENT PERIOD OPENED:
Paul Morse, Harding Road, said he had not seen the plans and asked if he could get a copy. Ms. Fossum said that all information is available to the public and plans can be copied, and that as an abutter, he will receive notice of the site walk.
PUBLIC COMMENT PERIOD ENDED.
Mr. Grant said that a site walk will be scheduled. [8:02 p.m.]
9. ADJOURNMENT
Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [8:03 p.m.]
Respectfully submitted,
___________________________
Barbara C. Skinner, Clerk of the Board
___________________________, 2004
2. SUBDIVISION AMENDMENT – “RIVERWOOD” – off NORTH GORHAM ROAD – JOHN P. & JEANNE KENNIE
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;
2. That all other applicable conditions of approval attached to the original subdivision plan approval shall remain fully in effect; and
3. That these conditions of approval and the approved plan 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.
| 
