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05/07/2005 Minutes
Town of Gorham
MARCH 7, 2005
PLANNING BOARD MINUTES

LOCATION: Gorham High School Auditorium, 41 Morrill Avenue, Gorham, Maine

Members Present:                                Staff Present:  
HAROLD GRANT, CHAIRMAN          DEBORAH FOSSUM, Dir. of Planning & Zoning
DOUGLAS BOYCE                           AARON 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. and read the nine item Agenda.  The Clerk called the role, noting that all members were present.

1.      APPROVAL OF MINUTES:  FEBRUARY 14, 2005.

        Clark Neily MOVED and Michael Parker SECONDED a motion to approve the minutes of February 14, 2005, as written and distributed.  Motion CARRIED, 5 ayes (Douglas Boyce and Susan Robie abstaining as not having been present at the February 14, 2005 meeting).  [7:01 p.m.]


2.      SUBDIVISION AMENDMENT – “GRONDIN COMMERCIAL SUBDIVISION” – 12-18 BARTLETT ROAD – by CLEAN-O-RAMA, PG, LLC.  Request for industrial subdivision amendment for a lot line change.  Zoned I; M12/L26.004 & 26.005.

Jim Vamvakias appeared on behalf of the applicant and the Grondins and explained that the purpose of the subdivision amendment is to combine Lots 4 and 5 into one parcel, identified as Lot 4 on the proposed subdivision plan, eliminating the 30 foot grading, draining and utility easement between Lots 4 and 5, and allowing the applicant to build its proposed building across both lots.  

Mr. Shields presented the staff’s comments, saying that in addition to the explanation given by Mr. Vamvakias, the subdivision amendment will also adjust the 100’ perimeter setback line originally incorrectly identified on the original subdivision plan approved in 2003 and will adjust the RC/1 zoning line which should have been located on two sides of the Lake Region Furniture parcel.  

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

        Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant preliminary and final approvals of Clean-O-Rama, PG, LLC’s request for amendment of the Original and First Amended Subdivision Plan of the Grondin Commercial Subdivision off Main Street, Laurence Drive and Bartlett Road, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:09 p.m.]


3.      SITE PLAN – “INDUSTRIAL FACILITY” – 12-18 BARTLETT ROAD – by CLEAN-O-RAMA, PG, LLC.  PUBLIC HEARING   Request for approval of a 25,600 sf industrial building located on 3.08 acres. Zoned I; M12/L26.004 & .005.

Jim Vamvakias appeared on behalf of the applicant and discussed the proposed industrial building, noting that it will have a 5600 sf mezzanine to be used as office space and 20,000 sf of storage, for a total of 25,600 sf.  He discussed the proposed entrance off Bartlett Road for truck deliveries, and another entrance off the Grondin access road for its primary pedestrian entrance access.  Mr. Vamvakias said the building will accommodate some 20 employees, and it is hoped that Clean-O-Rama will add additional employees as it grows in the future.  He said that the landscaping will be trees along Bartlett Road, as well as the front, and there will be a sign for the facility at each entrance to direct traffic.  

Mr. Shields gave the staff comments, noting that the site plan approval is contingent upon the subdivision amendment approval granted by the Board on item #2.  Mr. Shields commented that the applicant still proposes to install landscaping along Bartlett in the previous buffer area, even though the location of the perimeter buffer location has been corrected and no longer affects this proposal along Bartlett Road.  Mr. Shields also noted that Grondin Properties has granted the applicant an easement over the 30’ access drive adjacent to the site, and this agreement has been supplemented by an agreement that Grondin will always be responsible for maintenance of the access drive.  Mr. Shields commented that signage will be installed by Grondin Properties LLC at both ends of the access drive.  Mr. Shields said the plan is ready for approval by the Board.

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

Mr. Parker asked about the easement that formerly existed between Lots 4 and 5; Mr. Vamvakias said the easement was if Lots 4 and 5 were sold separately, and instead the applicant has regraded the area, with a drainage swale that directs drainage into the existing stormwater detention basis.  Mr. Hughes asked for a clarification of what size trucks can be accommodated on the site; Mr. Shields replied that WB50s will be accommodated.

        Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant Clean-O-Rama, PG, LLC’s request for approval of a proposed 25,600 sf building and associated site improvements on Lots 4 and 5 of the Grondin Commercial Subdivision off Bartlett Road, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:22 p.m.]


4.      SITE PLAN – “GORHAM MAIN STREET BRANCH” – 99 MAIN STREET – by BANKNORTH, N.A.   PUBLIC HEARING   Request for approval of a 2,470 sq. ft. retail banking office on a .5 acre parcel referred to as out-parcel “B” at the Hannaford Plaza.  Zoned UC; M102/L155.

Mr. Grant announced that Mr. Boyce, who as an employee of Hannaford Brothers had previously recused himself from discussion on this application, had left the table..

David Leasure, Architectural Associates, Inc., appeared on behalf of the applicant and discussed changes that have been made to the plan since his last appearance before the Board.  Mr. Leasure explained that initially their proposal was in excess of the allowed impervious area by some 500 sf, which has been corrected by narrowing the entrance lane into the drive-through area.  In addition, Mr. Leasure said that the DEP considers crushed stone to be impervious, so some areas which were to have been covered by crushed stone will not be treated that way.  In addition, Mr. Leasure said the proposed pocket park improvements have been removed as a result of the impervious ratio requirement.  He said that the applicant has agreed to remove and replace the esplanade, although he said it cannot be guaranteed that it will be irrigated.  He said a new photometric plan has been prepared based on Hannaford’s High Pressure Sodium requirement, and some revisions to lighting under the canopy will be conditioned.  

Mr. Shields made the staff comments, discussing the history of the application.  He said that the applicant has had to get 8 shared parking spaces from Hannaford, which will be used primarily by the Bank’s employees, and there will be 11 on-site-parking spaces for customers.  He said that access to the site will be through Main Street, Elm Street, and Mechanic Street through existing accesses already constructed by Hannaford.  He said that the traffic design has been reviewed and found to be acceptable.  In response to a question from Mr. Grant, Mr. Shields said that for its Site Location Permit from DEP, Hannaford was allocated a 70% impervious cover for its entire site, and when BankNorth leased its out-parcel, Hannaford allocated the Bank an exact amount of square footage.  He said that crushed stone is considered by DEP to be impervious, so when the Bank exceeded its allocation, crushed stone was one of the items that they could cut back on, in addition to narrowing the drive-through lane and cutting back on the pocket park.   He said that the plan now meets the impervious requirement and MDEP’s permit requirements.  He said that the plan has an open space that far exceeds the amount required, and the revised landscaping plan has been found to be acceptable.  Mr. Shields noted that Condition of Approval #8 is designed to deal with the concern about lighting under the canopy, and Condition of Approval #9 is designed to deal with the changes required by Diane Morabito regarding pavement marking of the drive-through lanes.  He said that the applicant has agreed to reconstruct the esplanade with improved soils and hydroseeding rather than installing an irrigation system in the Town’s right-of-way that would require long-term maintenance.  Mr. Shields said there are some total impervious area calculations that will need to be modified before the Board signs the Mylar on this project.  Mr. Shields confirmed to Mr. Neily that there will be no left turns onto Main Street; rather there will be left turns into the exit drive that leads to Main Street.

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

Mr. Stelmack commended the applicant for its attention to detail with regard to the appearance of its site, and asked what replaced the crushed stone that had been removed; Mr. Leasure replied that in some cases it was replaced with mulch and in other areas with loam and seed.  Ms. Robie discussed with Mr. Leasure the landscaping around the condenser plans.  Mr. Parker also complimented the applicant.

        Michael Parker MOVED and Clark Neily SECONDED a motion to grant BankNorth’s request for approval of a proposed 2470 sf building and associated site improvements on .51 acres off Main Street on the Hannaford out-parcel “B,” with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 6 ayes (Douglas Boyce recused).  [7:45 p.m.]


Mr. Boyce returned to the table.

5.      PRELIMINARY SUBDIVISION – “NONESUCH FARMS” – 119 BURNHAM ROAD – by RISBARA BROS. CONSTRUCTION CO.  Request for approval of a 15-lot residential subdivision and 1,800‘ road on 42.95 acres on land of Frinsko. Zoned R; M1/L14.

Rocco Risbara appeared before the Board and introduced Jamie Lowery of Sebago Technics and Mr. Frinsko, the land owner.  Mr. Risbara explained that as he is required by the Board to construct a connection to Saddle Lane in the abutting subdivision, he now proposes an alternative to a new fire pond within his project of using the Bridle Path Subdivision fire pond on Saddle Lane to serve lots 5, 6, 7, 8 and 9, and to sprinkle the homes on lots 2, 3, 4, 10, 11, 12, 13 and 14.  Mr. Risbara said that the existing house on Lot 1 would not be sprinkled.  

Mr. Shields made the staff comments, giving an overview of the application.  He referred the Board to the Fire Chief’s request of Mr. Risbara, as a matter of policy, that Mr. Risbara attempt to obtain written permission from the Bridle Path Homeowners’ Association to utilize that fire pond for the fire protection needs of this development.  Mr. Shields said that the Fire Chief understands that the Town of Gorham has the necessary rights to the fire pond already, and if the developer cannot obtain permission to use the fire pond, the Chief will be satisfied with the attempt to do so.  Mr. Shields commented that the net residential density calculations would permit 22 lots to be developed, and a total of 15 lots are proposed.  Mr. Shields also remarked that the owner of the parcel (Frinsko) will retain Lot A, a 12.68 acre parcel, which, while shown on the plans, will be excluded from the Homeowners’ Association and covenants of the subdivision.  In addition, Mr. Shields said that Mr. Frinsko will have the ability to further divide land from his larger parcel but no division will be allowed that will exceed the overall density of 22 lots.

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

Mr. Boyce asked how the connection will be made to Saddle Lane; Mr. Risbara replied that he will be building from the project’s cul-de-sac to the cul-de-sac on Saddle Lane, and that Mr. Frinsko has an easement for a connection to Saddle Lane.  Mr. Risbara and Ms. Robie discussed the location of the driveway on Lot 7.  In response to a comment from Mr. Parker, Mr. Risbara said he had not yet attempted to communicate with the Bridle Path Homeowners’ Association.  Mr. Grant asked Town Attorney Natalie Burns if it is necessary to get permission from the Bridle Path Homeowners’ Association.  Ms. Burns replied that typically it would not be required to secure permission from anyone but it is the Chief’s policy that there be a notification to that Association as a matter of courtesy, and that it is more a matter of notification than of asking for permission.  She said that if this becomes an issue in the future with new fire ponds, a note could be placed on a plan that such a pond would be used for whatever fire purposes the Town of Gorham determines to be appropriate, and also said that in this instance the Town has made a substantial investment in upgrading the pond.  Ms. Burns said that someone could limit the use of a fire pond to just the subdivision in which it is located when deeding it to the Town but that has not occurred in the last several years.  She said that after a review of the deeds, as a matter of law the Town does have the right to utilize the fire pond for more than just the immediate subdivision.  She said it would be a policy decision of the Board to decide whether or not it would require the developer to notify the abutting Homeowners’ Association.  After further discussion, Mr. Risbara said he would notify the Homeowners’ Association.  Mr. Grant suggested that there be a workshop on this question.  

Mr. Stelmack and Mr. Lowery discussed the purpose for and basis of the sizing of the culverts.  Mr. Lowery indicated that application has been made to the DEP for the stormwater permit for the project.

        Clark Neily MOVED and Susan Robie SECONDED a motion to grant Risbara Brothers’ request for preliminary plan approval of the proposed Nonesuch Farms Subdivision, a 14-lot residential subdivision on 42 +  acres off Burnham Road, zoned Rural Residential.  Motion CARRIED, 7 ayes.  [7 ayes]  (8:21 p.m.)


6.      PRELIMINARY & FINAL SUBDIVISION – 198 SHAWS MILL ROAD - by JOHN & KIMBER CROSS.   Request for both preliminary and final approval of a 2-unit residential subdivision to add one new duplex on 3.97 acres. Zoned SR/ M81/L30.01.

Les Berry, BH2M, appeared on behalf of the applicants and described the project, saying that the applicants reside on an 86 acre parcel with a separate adjacent 3.97 acre parcel on which a duplex is located, that the proposal is to divide the smaller parcel into two parcels and construct a duplex on the newly created parcel, which would create a one-lot subdivision.  He said that the lots will be served by overhead power, private wells, private sewerage and a shared driveway access.  He said that the duplex will be sprinkled to meet the Fire Chief’s requirements.  Mr. Berry said that the applicants are requesting four waivers: (1) high intensity soils mapping, (2) topographic survey, (3) net residential density calculations; and (4) the boundary survey for the entire 86 acre parcel on which the applicants reside.  

Mr. Shields commented on the requested waivers, saying that the high intensity soils mapping is not necessary because the applicants are not proposing more than one septic system, the topography of the parcel is flat, the parcel in question has a boundary survey, and net residential calculations are not required for this project.  Mr. Shields asked the Board to waive the rules leading up to final approval and to grant preliminary and final approval at one meeting.  He said that Condition of Approval #8 requires that all driveways be constructed with a paved apron.

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

Mr. Grant concurred with the four waivers requested by the applicant; Ms. Robie and Mr. Neily agreed.

        Douglas Boyce MOVED and Clark Neily SECONDED a motion to grant the waivers requested for soils mapping, topographic and boundary surveys, and net residential density calculations.  Motion CARRIED, 7 ayes.  [8:28 p.m.]

        Douglas Boyce MOVED and Thomas Hughes SECONDED a motion that the Board waive the rules and grant preliminary and final approval at one meeting.  Motion CARRIED, 7 ayes.  [8:29 p.m.]

        Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant John and Kimber Cross’s request for a four unit subdivision on 3.97 acres off Shaws Mill Road, zoned Suburban Residential, with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [8:30 p.m.]


Stretch Break to 8:40 p.m.


7.      PRE-APPLICATION CONFERENCE / SITE PLAN – “OPERATIONS CENTER EXPANSION” & “PARKING” - 10 WENTWORTH DRIVE - by GORHAM SAVINGS BANK.  Discussion of a proposed 15,000 sq. ft. addition with 76 additional parking spaces.    Zoned Contract III; M46/L9.

Jeff Perry, Sebago Technics, appeared on behalf of the applicant and described the project as a 15,000 square foot addition to the existing building and 60 parking spaces, to accommodate an additional 40 employees.  He said that there will be a new employee entrance to the rear of the building, with the focus of additional activity being to the rear of the building.  Mr. Perry noted that no new development will be located between the existing improved areas and the residential development to the south, and most pedestrian activities areas will be located in a new entry plaza on the north side of the addition.

Mr. Shields commented that a site walk could be scheduled for the immediate future as this site is readily accessible.  At the request of the Chairman, Ms. Fossum gave a short overview of contract zoning, saying that the Code allows for contract zoning, and several years ago Gorham Savings Bank did request and receive approval for a contract zone agreement, which is very much like an overlay zoning district.  She said this proposal will be reviewed under the performance standards of that contract agreement.  

At Mr. Parker’s request, Mr. Perry pointed out that access to the “100 acres” remains unchanged.

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

Mr. Grant directed that a site walk be scheduled.  [8:50 p.m.]


8.      PRE-APPLICATION CONFERENCE -  SUBDIVISION / PRIVATE WAY - 70 WATERHOUSE ROAD - by ROBERTA A. & DANIEL J. ACETO, JR.  Discussion of a proposed 12-lot residential subdivision and road on 24 +/- acres.   Zoned R; M18/L8.

Andy Morrell, BH2M, appeared on behalf of the applicants and described the proposal and indicated that it would be located on a parcel of land that is bisected by the southerly by-pass.  

Mr. Grant asked the Town Attorney what the implications are of this proposal crossing a possible future by-pass route.  Ms. Burns replied that the proposed by-pass will be limited access, so there will no “crossing” of it, there will be limited access to it, and the applicant needs to address that issue with the DOT.  She said that under the Town’s ordinance, Chapter I, Section 2E, there is a requirement that where future roads have been located and the locations have been established on the ground, which is true of the by-pass, any development which encroaches on the right-of-way is not to be permitted unless either the area of the right-of-way is reserved for future road construction or the Town is offered the opportunity to purchase the right-of-way at its fair market value.  Ms. Fossum said a copy of this plan was provided to the Town Manager, who has forwarded it to the MDOT and is awaiting their response.  

Ms. Fossum, replying to a query from Mr. Grant, said she believed that the Board should go forward and not hold the applicant up, and has the obligation to process the application.  Mr. Stelmack asked that a locus map with Waterhouse Road shown be provided on the applicant’s next plan.  The Board discussed the actual location of the right-of-way, with Ms. Fossum noting that this is an alternative that has been selected and approved by the Council.  Mr. Stelmack said that there is a 1000’ corridor to allow movement of the 200 foot right-of-way.  Ms. Burns said that everyone should be put on notice and that there should be some discussion with MDOT before any construction work starts on the site.  Mr. Morrell asked if the applicant and staff could confer after hearing from MDOT.  Ms. Robie asked about the proximity of this development to the proposed Chase subdivision with regard to the extension of public water; Mr. Morrell said he believed it would be within the 3000 foot criteria.  Ms. Robie also commented about the issue of connecting a dead end road to a dead end road.  Mr. Shields commented that there cannot be 12 lots on a private way.  Mr. Neily suggested that the condition of Waterhouse Road be checked.

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

Mr. Grant directed that a sitewalk be scheduled.  [9:05 p.m.]


9.      PRE-APPLICATION CONFERENCE - SITE PLAN / SUBDIVISION - 180 NARRAGANSETT STREET/ROUTE 202 - by DAVID S. KEENE.  Discussion of proposed improvements to an existing 16-unit mobile home park on 1.72 +/- acres.  Zoned ND; M39/L27.

Andy Morrell, BH2M, appeared on behalf of the applicant and discussed the proposed improvements to the site, clearing the site of everything except the existing house, and reconstructing 18 units and the garage for the existing home.  He said that the Zoning Board of Appeals has granted approval for the replacement of nonconforming use with newer and larger units, that the site currently has 11 nonconforming uses and the plan proposes 9, that currently the site has 4 driveways on to Route 202, the new proposal has two, and there is proposed to be a 25 foot landscape buffer with a fence along Route 202.  He said the units will be served by public sewer, instead of the current on site septic system, public water, and underground utilities.

Mr. Grant commented about the directional description of the project, saying that it actually is south of Route 202 and west of Gorham Village.  Mr. Grant referred to memoranda the Board has received from the Town Attorney about the grandfathered status of the park for 21 units.  Ms. Robie commented that this proposal is a big upgrade from the standpoint of health and safety.  

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

Mr. Neily asked about the background of the people who use this facility.  Ms. Fossum said she was sure the applicant could address the question in a subsequent submission.  Mr. Keene said that  he is paying taxes on 21 mobile homes, there are three owner-occupied homes and he owns the rest, that the three owners will probably stay and the 15 remaining units will be rentals.  

The Chairman directed that a site walk be scheduled.


10.     ADJOURNMENT

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [9:20 p.m.]

Respectfully submitted,


_______________________________
Barbara C. Skinner, Clerk of the Board
__________________________, 2005

P:\TOWN\PLAN\PLBD\Agendas\Minutes\PBMN05FY\PBMN030705.doc
2.      SUBDIVISION AMENDMENT – “GRONDIN COMMERCIAL SUBDIVISION” – 12-18 BARTLETT ROAD – by CLEAN-O-RAMA, PG, LLC.  

APPROVED
Conditions of Approval

1.      That this approval is limited to the 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 the applicant shall be responsible for the installation of directional signage at both ends of the Grondin Properties LLC, Driveway and Access Easement to identify the locations of Atlantic Hardwoods and Clean O Rama. This signage and its location shall be approved by the Public Works Director prior to its installation;

3.      That all other applicable conditions of approval attached to the original approved Grondin Commercial Subdivision Plan and the First Amended Subdivision Plan shall remain fully in effect unless otherwise noted on the Second Amended Subdivision Plan; and

4.      That these conditions of approval and the amended subdivision plan Mylar 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.
3.      SITE PLAN – “INDUSTRIAL FACILITY” – 12-18 BARTLETT ROAD – by CLEAN-O-RAMA, PG, 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 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 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; and

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.
4.      SITE PLAN – “GORHAM MAIN STREET BRANCH” – 99 MAIN STREET – by BANKNORTH, N.A.
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 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 and the NFPA Fire Protection Code 1;

6.      That bollards shall be placed protecting any gas meters located on the outside of the building;

7.      That a complete set of building plans shall be submitted to the State Fire Marshals Office and the Gorham Fire Department for review and permitting. The plans for the Fire Department shall be submitted when the building permit is issued;

8.      That the site lighting will be revised to meet the required performance standards for illumination levels and approved by the Towns peer review consultant;

9.      That the site plan be modified to reflect the changes required by Diane Morabito in the letter dated February 28, 2005 regarding the pavement marking of the drive-thru lanes;

10.     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;

11.     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; and

12.     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.

6.      PRELIMINARY & FINAL SUBDIVISION – 198 SHAWS MILL ROAD - by JOHN & KIMBER CROSS
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 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;

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

5.      That the new building be required to be sprinkled meeting all applicable sections of the Town of Gorham’s Sprinkler ordinance. The sprinkler system for the building shall meet the standards of NFPA 13R;

6.      That the plans for the sprinkler system shall be submitted to the state Fire Marshal’s Office and the Gorham Fire Department for review and permitting. The plans shall be submitted to Gorham Fire Department at least two weeks prior to the start of installation of the system;

7.      That the test papers for the sprinkler system shall be provide before a certificate of occupancy is issued;

8.      That all driveways within the subdivision, existing or new, be constructed with a paved apron with 4” of bituminous pavement commencing at the edge of existing street for a length of 20’;

9.      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 the commencement of construction or conveyance of any lots within the subdivision.