Town of Gorham, ME - 10/04/2004 Minutes

10/04/2004 Minutes

Town of Gorham

OCTOBER 4, 2004

PLANNING BOARD MINUTES

DRAFT

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 BARBARA SKINNER, Clerk of the Board

CLARK NEILY

MICHAL PARKER

SUSAN ROBIE

MARK STELMACK

The Chairman opened the meeting at 7:05 p.m. and read the Agenda. The Clerk called the roll, noting that all members were present.

The Chairman explained that the applicant in Agenda Item 8, VIP Parts, Tires and Service, is presently before the Zoning Board of Appeals to establish that their use of the former Roberts Welding site is no more non-conforming than Roberts Welding’s use was. Mr. Grant said that if the Planning Board were to consider VIP’s application before the ZBA renders its decision, it could inadvertently influence that decision, and therefore he believed it would be premature for the Planning Board to consider this Agenda item until such time as their ZBA appeal had been decided.

Douglas Boyce MOVED and Clark Neily SECONDED a motion to table Item 8 (VIP Parts, Tires, Service’s application for a 11,450’ square foot automotive retail store and six service bays on 2.1 acres of land of International Industrial Equipment at the former site of Roberts Welding, zoned SR, Map 6/Lots 5 and 6) until VIP’s appeal procedure before the Zoning Board of Appeals is concluded.

Discussion: Mr. Boyce stated that the Roberts Welding site is zoned Suburban Residential, which is the reason why the Board must consider the application. Mr. Hughes asked staff if this is a proper procedure for the Board to invoke to table this item. Ms. Fossum noted that the applicants’ representative was not yet present as they probably were planning to arrive at a later time due to the position of the item as number 8 on the Agenda, and said that the Board could make a decision to postpone the item. Mr. Neily commented that this Board has the authority to postpone any item on the agenda if it chooses to do so.

Motion CARRIED, 7 ayes. [7:10 p.m.]

1. APPROVAL OF MINUTES: SEPTEMBER 13, 2004, and SEPTEMBER 20, 2004

Michael Parker MOVED and Thomas Hughes SECONDED a motion to approve the minutes of September 13, 2004 as written and distributed. Motion CARRIED, 6 ayes (Mr. Boyce abstaining as not having been present at the meeting). [7:11 p.m.]

Michael Parker MOVED and Susan Robie SECONDED a motion to approve the minutes of September 20, 2004 as written and distributed.

Discussion: Mr. Neily asked that the remarks he made about the Hans Hansen petition to rezone certain parcels in South Gorham be expanded to include the full text of his comments as follows: “Mr. Neily remarked that he had spent some 14 years as a member and 2 years as Chairman of PACTS, the Portland Area Comprehensive Transportation committee, deciding where to spend federal and state highway funds where they were needed the most to alleviate traffic problems and had thus spent many years studying traffic problems in the Greater Portland area. He said that traffic is the number one problem and that he had recently read that 21,000 cars pass through the area daily.”

Motion CARRIED, 6 ayes (Mr. Boyce abstaining as not having been present at the meeting). [7:12 p.m.]

2. STREET ACCEPTANCE REPORTS – “DISTANT PINES SUBDIVISION” – off 200 BURNHAM ROAD – RISBARA BROS. CONSTRUCTION CO., INC.

“Distant Pines Drive” and Harriman Way” in the Distant Pines Subdivision as offered by Risbara Bros. Construction Co., Inc. Zoned R-MH; M1/L6.201-6.217.

3. STREET ACCEPTANCE REPORT – “TALL PINES PHASE I SUBDIVISION” - off SPILLER ROAD – GILBERT HOMES, INC.

“Boulder Drive” in the Tall Pines Phase I Subdivision as offered by or Gilbert Homes, Inc Zoned SR-MH; M77/L48.201-48.205.

The Chairman explained that staff has requested that Agenda items 2 and 3 be postponed due to revisions required to the legal documents. Ms. Fossum said that the applicants have been notified and agree to the postponement.

Susan Robie MOVED and Clark Neily SECONDED a motion to postpone Agenda items 2 and 3 to the second meeting of the month. Motion CARRIED, 7 ayes. [7:14 p.m.]

4. SUBDIVISION AMENDMENT- “MASON” – off 105 & 111 LIBBY AVENUE – JEFFREY & JANE MASON

Discussion of a proposed subdivision amendment for a lot line change. Zoned UR; M27 / L3.001 & 3.002.

William Thompson, BH2M, appeared with the applicant, Jeff Mason, and explained that the proposed amendment first presented to the Board on September 13, 2004 has been revised and now only changes the side lot line for the existing Mason lot and does not create any new lots. He said that the applicant is requesting both preliminary and final approval at this time.

Mr. Shields gave the staff comments, saying that staff recommends that the Board waive the rules and grant both preliminary and final approval. Mr. Stelmack commented that the Agenda memo has no suggested motions.

Thomas Hughes MOVED and Clark Neily SECONDED a motion to waive the rules to allow preliminary and final approval to be granted in one meeting. Motion CARRIED, 7 ayes. [7:15 p.m.]

Clark Neily MOVED and Douglas Boyce SECONDED a motion to grant preliminary and final approval for a lot line change on land of Mason. Motion CARRIED, 7 ayes. [7:16 p.m.]

5. FINAL SUBDIVISION – “HARDING BRIDGE FARM” – off 129 HARDING BRIDGE ROAD – LITTLE RIVER PROPERTIES, LLC, KENNETH & CAROLYN GRONDIN, MEMBERS

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

Owen McCullough, Sebago Technics, appeared on behalf of the applicant and explained the changes which have occurred in the proposal based on the conditions attached to the preliminary approval granted by the Board in July. He said that what had originally been proposed as a private way, to be called “Stagecoach Lane,” is now ultimately proposed to be a public road so the name has been changed to “Harding Bridge Road” at the request of the Town. He said that the other proposed road will be called “Stable Drive.” and the roads will be designed as a Rural Access road with 20 feet of road width and 4 foot shoulders on each side. He said all lots will have at least 200 feet of frontage and will be served by public water, private on-site septic systems, and underground utilities. In discussing the matter of public water, Mr. McCullough said that the applicant has met with the abutting subdivision developer, Gilbert Homes, and the Portland Water District and agreement has been reached on a plan, location and the necessary easements to connect this development to public water by extending water from this subdivision to a 42 inch main which will be installed by Gilbert Homes through the PWD right of way. Mr. McCullough said that this applicant will do all improvements required by the Public Works Director to Harding Bridge Road, which will include milling the pavement, building up the base somewhat, culvert and ditching improvements, and repaving some 4000 linear feet of roadway from the first phase of the Gilbert Homes development to the applicant’s site. He said that pedestrian access will be maintained through a formalized perpetual easement along the old portion of the Harding Bridge Road from a point abutting the Gilbert Homes subdivision down to the River, and at the River there will be a landing area adjacent to the bridge with an elongated easement on the shoreline to provide water access. Mr. McCullough said that a future right of way to the abutting property of Althea Irish has been provided by the applicant, with the understanding that when Phase II of this development is proposed the right of way location may change due to conflicts with lot layout.

Mr. Shields presented the staff comments, commenting that Lot 14 in the development will be retained by Little River Properties for future development; the Portland Water District has drafted the necessary agreement and has agreed to the easement between the two land owners for installation of public water with access through the property of the abutting developer, Gilbert Homes; this developer will do the entire improvement on Harding Bridge Road as required by the Public Works Director, with future developers agreeing to do their share in the improvements; and approval of this plan will rescind the prior private way approval with an appropriate plan note. He also commented that the access to the Althea Irish property may change with a second phase development of the site. He said that regardless of whether the developer shows a pedestrian access easement on the plans, there will always be an easement retained by the Town. Mr. Shields called the Board’s attention to Condition of Approval 11, which has been written by the Town Attorney to identify the correspondence containing the terms involved in the Harding Bridge Road improvements.

PUBLIC COMMENT PERIOD OPEND: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Mr. Boyce asked for confirmation from staff that the Board has no mechanism to cause future developers impacting traffic on Harding Bridge Road to contribute any funding to the Harding Bridge Road improvements. Mr. Shields replied that the Board could ask future developers to contribute if the improvements have not yet been done, but subsequent to completion of the improvements, the developers themselves would make their own arrangements in this regard, and the Board would not be involved. Ms. Fossum reminded the Board that the road improvements need to be made in order for this applicant’s project to go forward, he is the only applicant before the Board, and therefore he is fully responsible for making the improvements at this time. Ms. Robie asked if the pedestrian easement is to be 20 or 30 feet; Mr. McCullough replied that the 30 foot easement would be too wide and would go outside the old roadbed, so the easement will be 20 feet to include only the road bed. He said that the plans would be corrected to be consistent with a 20 foot easement. Mr. Shields replied to a question from Mr. Stelmack that the amount of any bond posted by the applicant for road improvement will be governed by the language in Condition 11 that “The form and amount of any performance guarantee will comply with the requirements of the Land Use and Development Code.” Mr. McCullough told Ms. Robie that there are sections along the River where a fishing easement would be hard to define due to the topographic conditions. Mr. Grant said that the Public Works Director is comfortable that there will be no easement disputes on Harding Bridge Road. Ms. Robie noted for the record that the Board generally does not extend a public dead end road with the same name, but as the Town has requested it in this instance she is agreeable to it. Mr. Grant said he had discussed with the Town Attorney the issue of attempting to apportion the cost of the road improvements between the two developers, and the Town Attorney advised that there is no good mechanism to do that in case the second developer never pursues his project, so the first applicant must bear the entire burden.

Clark Neily MOVED and Michael Parker SECONDED a motion to grant final subdivision approval of Little River Properties, LLC ‘s request for Harding Bridge Farms, a proposed 14-lot residential subdivision on 71 acres off Harding Bridge Road with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [7:50 p.m.]

6. FINAL SUBDIVISION APPROVAL – “STONELEIGH ESTATES” / “BARNFIELD LANE” – off 80 LONGFELLOW ROAD – NICHOLAS PORTLOCK & JOHN SMITH dba GREAT FALLS BUILDERS

Request for final approval of a 9-lot subdivision with one proposed public road on 17.45 acres. Zoned R-MH; M11/L17.

Les Berry, BH2M, appeared on behalf of the applicant and said the design for the public water extension on Longfellow Road has been completed and the DEP wetland permit has been obtained. He asked that in the motion for approval the phrase “dba Great Falls Builders, Inc.” be added after Mr. Smith’s name, his first name is spelled “Jonathan,” and the acreage of the site is 17.45 acres.

Mr. Shields made the staff comments, saying that the 9 lot subdivision includes an existing home on one of the lots, public water is being extended 1800 feet toward Westbrook, the plans have been revised to the satisfaction of staff and the review engineer, and some revisions may be necessary to the legal documents prior to endorsement of the mylar.

PUBLIC COMMENT PERIOD: None offered.

PUBLIC COMMENT PERIOD CLOSED.

Thomas Hughes MOVED and Susan Robie SECONDED a motion to grant final subdivision approval of Nicholas Portlock and Jonathan Smith dba Great Falls Builders, Inc.’s request for Stoneleigh Estates, a proposed 9-lot residential subdivision on 17.45 acres off Longfellow Road with conditions of approval as posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [7:55 p.m.]

7. SUBDIVISION AMENDMENT- “GORHAM MEADOWS” – off 429 MAIN STREET – NORMAND BERUBE BUILDERS, INC.

Request for review and approval of a proposed transfer of ownership from Padraic J. Keane and Seamus L. Haley dba Keane & Haley, LLC. to Normand Berube Builders, Inc. Zoned UR-OR; M30/L7.

William Thompson, BH2M, appeared on behalf of the applicant, and stated that the project was first approved in November of 2003, that the original Conditions of Approval and approved plans remain in force with the change of ownership, and that the applicant has submitted the necessary documents to show financial and technical capacity.

Mr. Shields made the staff comments, saying that the applicants are obligated to make the same improvements in accordance with the approved plans, and are obligated to the same conditions of approval. He mentioned that in the final approval given in 2003, the Board required that there be a condition of approval (COA 4) notifying potential buyers of the abutting commercial or industrial property which may be approved for development, that the industrial abutting property was to be identified on the plans, and that the purchase and sales agreements also identify the industrial property. In addition, Mr. Shields said that the Board had asked to have the roadway increased by an additional 2 feet, making the roadway consist of two 12 foot travel lanes, instead of two 11 foot travel lanes, with 4 foot shoulders, 5 foot esplanade and 5 foot sidewalk. Mr. Shields said the Board asked for a defect guarantee for the landscaping along the industrial zone, which Berube Builders has agreed to provide.

Ms. Robie asked if the notice about the abutting commercial property was a plan note or a condition of approval; Mr. Shields replied it was a condition of approval, with a plan note identifying the industrial land.

Michael Parker MOVED and Douglas Boyce SECONDED a motion to grant approval of the change in ownership of the approved Gorham Meadows Subdivision from Padraic J. Keane and Seamus L. Haley, dba Keane & Haley, LLC, to Normand Berube Builders, Inc., subject to the original approved plans and attached conditions of approval posted prior to the meeting and discussed with the applicant. Motion CARRIED, 7 ayes. [7:59 p.m.]

8. PRE-APPLICATION CONFERENCE / SUBDIVISION –“VIP PARTS, TIRES, SERVICE” - off 14 COUNTY – VIP, INC.

Discussion of a proposed 11,450’ sf automotive retail store and six service bays on 2.1 acres on land of International Industrial Equipment at the former site of Roberts Welding. Zoned SR; M6/L5&6.

TABLED.

9. ADJOURNMENT

Douglas Boyce MOVED and Michael Parker SECONDED a motion to adjourn. Motion CARRIED, 7 ayes. [8:00 p.m.]

Respectfully submitted,

_______________________________

Barbara C. Skinner, Clerk of the Board

__________________________, 2004

P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN05FY\PBMN100404.doc

4. SUBDIVISION AMENDMENT- “MASON” – off 105 & 111 LIBBY AVENUE – JEFFREY & JANE MASON

Discussion of a proposed subdivision amendment for a lot line change. Zoned UR; M27 / L3.001 & 3.002.1

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 shall provide property line information and site information in auto-cad format to the Town Planner;

3. That all previous conditions of approval attached to the Amended Subdivision and Amended Conditions of Approval dated May 15, 1995 remain in effect; and

4. That the amended subdivision plan and related Decision Document shall be recorded in the Cumberland County Registry of Deeds within thirty (30) days of endorsement of the plan by the Planning Board; and that a receipt from the Cumberland County Registry of Deeds showing the date, and book and page number of the recorded plan and a copy of the recorded Decision Document shall be returned to the Town Planning Office.

5. FINAL SUBDIVISION – “HARDING BRIDGE FARM” – off 129 HARDING BRIDGE ROAD – LITTLE RIVER PROPERTIES, LLC, KENNETH & CAROLYN GRONDIN, MEMBERS

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

Approved

Conditions of Approval

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 meeting’s 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 prior to any occupancy within the subdivision a structure shall be properly numbered with the number visible from the street year round;

5. That 3 (three) 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;

6. 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;

7. 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;

8. That prior to the release of the signed Mylar the applicant shall provide revised legal documents to the satisfaction of the Town Attorney;

9. 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;

10. That the hydrant locations shall be determined by the Fire Chief at the time of installation. The cost of the hydrants and their installation shall be the developer’s responsibility;

11. The applicant will be responsible for the improvement of Harding Bridge Road in accordance with the terms set forth in the letter from Kenneth L. Grondin of Little River Properties, LLC to Deborah F. Fossum, dated August 17, 2004 and the Memorandum from Bob Burns, P.E., to Deb Fossum, dated July 8, 2004. The form and amount of any performance guarantee will comply with the requirements of the Land Use and Development Code;

12. 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; and

13. That these conditions of approval and the Final 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 prior to issuance of any building permits for any of the lots within the subdivision.

6. FINAL SUBDIVISION APPROVAL – “STONELEIGH ESTATES” / “BARNFIELD LANE” – off 80 LONGFELLOW ROAD – NICHOLAS PORTLOCK & JOHN SMITH dba GREAT FALLS BUILDERS

Request for final approval of a 9-lot subdivision with one proposed public road on 17.45 acres. Zoned R-MH; M11/L17.

Approved

Conditions of Approval

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

4. That prior to any occupancy within the subdivision a structure shall be properly numbered with the number visible from the street year round;

6. 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;

7. 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;

8. That prior to the release of the signed Mylar the applicant shall provide revised legal documents to the satisfaction of the Towns Attorney;

10. 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; and

11. That these conditions of approval and the Final 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 prior to issuance of any building permits for any of the lots within the subdivision.

7. SUBDIVISION AMENDMENT- “GORHAM MEADOWS” – off 429 MAIN STREET – NORMAND BERUBE BUILDERS, INC.

Request for review and approval of a proposed transfer of ownership from Padraic J. Keane and Seamus L. Haley dba Keane & Haley, LLC. to Normand Berube Builders, Inc. Zoned UR-OR; M30/L7.

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 prior to the commencement of any site improvements;

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. The applicant shall disclose to potential purchasers of lots in the subdivision that the project abuts industrially-zoned land that will not be used for residential purposes and that industrial uses may and are allowed to generate noise or other impacts that are not the same as those generated by residential development;

5. The cost of the hydrants and their installation shall be the responsibility of the developer, and shall become public hydrants once the Town Council accepts the streets. The final location of each hydrant shall be approved by the Fire Chief at the time of installation;

6. 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;

7. 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 pre-construction meeting with staff;

8. That 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, should the Town Council not accept the street as a public road at the time it is offered to the Town. 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;

9. That the developer shall provide a defect guarantee, which may be in the form of a bond, letter of credit or escrow account with the Town or a responsible financial institution, for all plant materials required to be installed under this plan.~ Said defect guarantee shall remain in effect for three years after the installation of the plant materials;

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.