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04/04/2005 Minutes
Town of Gorham
APRIL 4, 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                           BARBARA SKINNER, Clerk of the Board
CLARK NEILY                             
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.

Mr. Grant asked if the Board wished to add the item described as “SUBDIVISION AMENDMENT: CONDITION OF APPROVAL #1 – “MORRILL PLACE CONDOMINIUMS” – off MORRILL AVENUE – by PINES OF PORTLAND II, LLC - Request to modify the mix of building types from 75% Colonial/25% Cape Cod style units to 80% Colonial/20% Cape Cod.  Zoned UR; M25/L6 and M106/L19.
        
        Douglas Boyce MOVED and Thomas Hughes SECONDED a motion that the item be added to the agenda to follow Item 4.  Motion CARRIED, 7 ayes.  [7:04 p.m.]


1.      REORGANIZATION OF THE BOARD

Mr. Grant explained that the Town Council has not yet voted to appoint new members to boards, so the current 7 Planning Board members are still authorized to participate in Planning Board matters.  

        Douglas Boyce MOVED and Clark Neily SECONDED a motion to postpone reorganization of the Board until such time as the Town Council has made its new appointments or reappointments and those appointees have been sworn in by the Town Clerk.  Motion CARRIED, 7 ayes.  [7:05 p.m.]


2.      APPROVAL OF MINUTES:  MARCH 7, 2005.

        Douglas Boyce  MOVED and Michael Parker SECONDED a motion to approve the minutes of March 7,  2005, as written and distributed.
        Discussion:  Mr. Stelmack pointed out a typographic error in the motion on the Clean-O-Rama application of “… Lots 4 and %…” instead of “… Lots 4 and 5…”
        Motion CARRIED to approve the minutes as corrected, 7 ayes.  [7:06 p.m.]


3.      AMENDMENT TO THE LAND USE & DEVELOPMENT CODE - ACCESS LIMITATION. - PUBLIC HEARING - Proposed amendments to Chap. II, Sec. II Parking Loading and Traffic by adding a new subsection F, “Limitation on New Residential Lots Fronting on Major Roads”.

Ms. Fossum explained that this amendment has been referred to the Planning Board by the Town Council Ordinance Committee, and said that the recommendation to discuss this came as a result of a residential growth study done some two or three years ago for the Council.  She said that the Board, after taking public comment, should make a decision on which of two proposed ordinance versions to recommend and forward back to the Council.  She said that Version 1 of the ordinance essentially would restrict the access to new lots in subdivisions and separate lots on arterials and collectors, and Version 2 would restrict all lots on arterials only and limit new subdivision lots on collectors and subcollectors.  She identified the roads affected by the proposed ordinance change as follows:

Arterials:
Narragansett Street             New Portland Road               School Street
Sebago Lake Road                South Street                    State Street
County Road                     Dow Road                        Fort Hill Road
Gray Road                       Main Street                     Lower Main Street
Mosher Road                     Newell Street                   Ossipee Trail

Collectors
Barstow Road                    Brackett Road                   Burnham Road
Day Road                        Deering Road                    Dingley Springs Road
Files Road                      Flaggy Meadow Road              Huston Road
Libby Avenue                    Mallison Street                 McLellan Road
Mitchell Hill Road              North Gorham Road               Saco Street
Spiller Road

Rural Sub-collectors:
Middle Jam Road         Buck Street                     Cressey Road
Dunlap Road                     Finn Parker Road                Gateway Commons Drive
Hodgdon Road                    Hurricane Road                  Line Road
Longfellow Road         North Street                    Osborne Road
Portal Way                      Queen Street                    Shaws Mill Road
Standish Neck Road              Washburn Road                   Waterhouse Road
Wescott Road                    Wilson Road                     Wood Road

Mr. Grant discussed the past history of the proposed ordinance, and said the Board could recommend adoption of the ordinance as originally forwarded to the Board by the Town Council, or could recommend one of two versions to amend the ordinance language.  He said that restrictions could be placed on landowners that do not exist today, and he would not support the ordinance.  

PUBLIC COMMENT PERIOD OPENED:   
David Kent, 726 Fort Hill Road, commented that real estate is an asset and expressed concern that the proposed ordinance would adversely affect those assets, and said that this is impacting real estate investments after the fact.  Mr. Grant concurred with Mr. Kent and suggested that Mr. Kent should take his comments to the Town Council.

Mr. Boyce discussed with staff how public notice was given to property owners.  Ms. Fossum said that this is not an amendment to the zoning map, which would involve specific limited notice to property owners and that general notice in newspapers was given.  Mr. Hughes and Mr. Stelmack expressed concern that the Town Council provide adequate notice of its hearing on the subject; Ms. Fossum confirmed that the Council will do its own notice. Ms. Robie commented that the ordinance does provide that all existing lots are entitled to an access on any street, and it does provide for exceptions by waiver based on 1) too little road frontage, 2) the shape or physical condition of the parcel does not permit access to or the creation of a local street or private way, and 3) no further subdivision of the parcel will occur.  Mr. Boyce commented that he would encourage the Town Council at its public hearing to have someone such as Mark Eyerman of Planning Decisions explain the ordinance and its potential impact  In response to a comment from Mr. Hughes, Ms. Fossum explained that the State’s access limitation rules are outside the urban compact areas, are based on speed limits and are only partially effective.  Mr. Neily suggested that the item should be tabled until the public is better informed.  Ms. Fossum said that the Board can postpone the item if it chooses.  

PUBLIC COMMENT PERIOD CONTINUED:        
Kathleen Maurer, 3 Highmeadow Drive, commented that the public is not aware of the extent of the impact this proposed ordinance could have.
PUBLIC COMMENT PERIOD CLOSED.

        Clark Neily MOVED that this item be postponed indefinitely.  The motion FAILED for lack of a second.

        Mark Stelmack MOVED and Michael Parker SECONDED a motion to recommend against adoption of the council’s proposed amendment to the Land Use and Development Code relative to the creation of lots fronting on major roads and to recommend adoption of Version 2 prepared by the Planning Board.
        Discussion:  Mr. Parker said he believes it is important that something be forwarded to the Town Council for action and that he did not favor the Council’s version or Version 1.  Mr. Hughes concurred.
        Motion CARRIED, 6 ayes and 1 nay (Harold Grant).  [7:40 p.m.]


Mr. Grant excused himself from participation in Item 4 and asked Mr. Boyce to assume the chair.

4.      FINAL SUBDIVISION PLAN - “SANBORN MEADOWS”/”MURRAY DRIVE” – off MIGHTY STREET – by BOYINGTON ASSOCIATES, LLC – Request for final approval of a proposed 14-lot residential subdivision and proposed 1500’ public road on 30.68 acres on land of Sanborn. Zoned R; M83/L11.

Richard Meek, Sebago Technics, appeared on behalf of the applicants, and explained that a revised building envelope and an adjusted drainage easement for Lot 7 have been prepared, with a limitation being placed on building on steep slopes near the existing drainage swale and to include the swale within the adjusted easement.  He said that the applicants agree with the conditions of approval.

Mr. Shields made the staff comments, saying that the applicant has provided a buffering of fifteen 4 to 5’ Fraser fir trees to be planted along the rear and side property lines of the Vetrano parcel, the legal documents have been revised and are acceptable by the Town’s attorney, the applicant’s financial capacity has been established with Camden National Bank, and that Bank will also provide a letter of credit to cover the performance guarantee requirement, which will have to include the roadway improvements to Mighty Street.  Mr. Shields said that the Public Works Director has specified the necessary improvements required by the developer to repair Mighty Street along the frontage of the development to the intersection of Route 114, and the developer has agreed to perform the improvements in that letter.  Ms. Fossum outlined two alternatives to Condition of Approval #9, which more specifically set out the required elements of the improvements to Mighty Street:  These alternatives are as follows:

Alternative #1

The applicant will be responsible for improvements to Mighty Street, beginning at the intersection of Route 114 and Mighty Street and extending 1700 linear feet to the northwest corner of the Vetrano lot, in accordance with the terms set forth in the letter from Bob Burns, Public Works Director, to Rick Meek, Sebago Technics, dated March 25, 2005. The form and amount of any performance guarantee to cover those improvements will comply with the requirements of the Land Use and Development Code and must be posted prior to the commencement of any site improvements. The improvements shall be completed prior to the sale or conveyance of more than seven (50%) of the lots within the subdivision or the issuance of more than seven (50%) of the building permits for lots within the subdivision.

Alternative #2 - Condition of Approval

That the developer shall pay to the Town of Gorham $40,050 to be utilized by the Town of Gorham, at an appropriate time, for the improvements to Mighty Street, beginning at the intersection of Route 114 and Mighty Street and extending 1700 linear feet to the northwest corner of the Vetrano lot as outlined in the Director of Public Works’ letter dated March 25, 2005 to the Rick Meek of Sebago Technics, Inc. and further detailed in a memo to the Planning Board from the Planning Director dated April 4, 2005. This amount shall be paid prior to the commencement of any work within the subdivision and shall be set aside in an escrow account by the Town. Any funds remaining in the account upon completion of the above described improvements to Mighty Street shall be refunded to the developer;

Ms. Fossum explained that Alternative #1 ties the developer’s performance to the time frame of the buildout of the project, and Alternative #2 puts the money and the responsibility to accomplish the work in the Town’s hands in the Town’s time frame.  She confirmed that the concept of the two alternatives was discussed with the Town Manager and the Public Works Directors, and Alternative #2 would probably be the preference of the Public Works Director.  While certain Board members were in favor of Alternative #2, the applicant, Rod Boyington, expressed a preference for Alternative #1, saying that improving the roadway will improve the appearance of the development as well.  Mr. Parker asked staff to clarify the amount that should be set aside for the performance guarantee under Alternative #1.  Ms. Fossum replied that 125% of the cost as a performance guarantee would be adequate if the developer is doing the work, whereas the 150% is commensurate with that required for final paving under the street acceptance program.  Mr. Boyce polled the Board, and the Board members agreed to Alternative #1.

Ms. Robie asked about the letter from David Smith about a landing strip on an adjacent property.  Mr. Shields said the letter was included for informational purposes and will not restrict what can be done on this property.

PUBLIC COMMENT PERIOD OPENED:   
David Smith, abutter at 162 Mighty Street, said he wrote the Board to advise that he has a license from FAA to fly an ultralight airplane so that the information will be on record and that he does not fly over houses.
PUBLIC COMMENT PERIOD CLOSED.  

        Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant final subdivision approval of Boyington Associates, LLC’s request for the Sanborn Meadows Subdivision, a proposed 14-lot residential subdivision on 30.68 acres off Mighty Street with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 6 ayes (Harold Grant recused).  [8:20 p.m.]


Mr. Grant returned to the table and assumed the Chair.

As he has done in the past, Mr. Stelmack recused himself from discussion on the following item.

SUBDIVISION AMENDMENT: CONDITION OF APPROVAL #1 – “MORRILL PLACE CONDOMINIUMS” – off MORRILL AVENUE – by PINES OF PORTLAND II, LLC - Request to modify the mix of building types from 75% Colonial/25% Cape Cod style units to 80% Colonial/20% Cape Cod.  Zoned UR; M25/L6 and M106/L19.

Greg McCormack, Pines of Portland, explained to the Board that since receiving final approval and beginning construction, marketing trends are showing that the Colonial style is more popular with prospective buyers, and a better mix would be two Cape Cod units in each phase.  Mr. Parker asked Mr. McCormack to confirm the two style examples in the existing construction.

        Douglas Boyce MOVED and Michael Parker SECONDED a motion to approve the applicants’ request to modify the approved building mix to 80% Colonial and 20% Cape Cod units.  Motion CARRIED, 6 ayes (Mark Stelmack recused).  [8:25 p.m.]


Ten Minute Stretch Break to 8:35 p.m.


Mr. Stelmack rejoined the Board.

5.      PRE-APPLICATION CONFERENCE: SUBDIVISION AMENDMENT –- “HIGHMEADOW” – off BARSTOW ROAD - by THOMAS & KATHLEEN MAURER – Discussion of a proposed amendment to create one additional lot. Zoned SR; M88/L14.001.

Thomas Maurer, applicant, explained that the proposal is to divide their existing lot into two lots in order to convey one lot to their daughter.  He said they wish to amend Plan Note #5 on the existing Highmeadow Subdivision in order to allow ingress and egress onto Barstow Road for the newly created lot, making one driveway in the 615 feet of frontage on Barstow Road.  He said they also wish to amend Plan Note #7 to allow a minimum cutting of trees in the greenbelt buffer strip along Barstow Road in order to get a driveway into the lot from Barstow Road.  He said that Mark Hampton will perform a soils test.  

Ms. Robie asked if the division of this lot will affect the net residential density of the original subdivision.  Mr. Shields replied that he will look back to see if any density calculations were done, but as this is in the suburban residential zone, none may have been done.  

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

Mr. Grant directed that a sitewalk be scheduled.  Mr. Maurer asked when a sitewalk might be scheduled.  Ms. Fossum replied that the Board has a list of sitewalks that have been postponed due to snow conditions, but this should be an easy one to do as the lot is observable from the road itself and therefore could be scheduled within the next month.  


6.      PRE-APPLICATION CONFERENCE:  SUBDIVISION - on FORT HILL ROAD by GILMAN PROPERTIES, INC. – Discussion of a proposed 6-lot residential subdivision on 11.95-acres.  Zoned R-MH; M84/L17, 17.001 & .002   

Andy Morrell, BH2M Engineers, appeared on behalf of the applicants and explained that the applicants purchased this 11.95 acre parcel of land in 2002, conveyed a 66,980 square foot lot (Lot #1) in September of 2003, and then built a house to live in on the remaining 6.41 acres.  The applicants now propose to further divide the 6.41 acres into 3 lots with frontage on Fort Hill Road.  He said the two new lots will be served by individual subsurface waste water disposal systems, drilled wells and underground utilities.  He said that the applicants have received two driveway permits from the Maine DOT.

Mr. Grant commented that this application will be looked at from the standpoint of the new public water standards.  Mr. Shields asked the Board to discuss in more depth the question of public water, saying that Hackmatack Drive has public water, and while this application is below the 6-lot trigger point for the extension of public water, the Board may require the developer to utilize and extend public water under the section of the ordinance dealing with the Orderly Extension of the Public Water System.  Mr. Grant commented about a meeting held with the Portland Water District and others wherein it was revealed that part of Route 114 has been overlaid by the Maine DOT and may be worked on in the near future, which could make it difficult to require the developer to extend public water.  

PUBLIC COMMENT PERIOD OPENED:
David Kent, 726 Fort Hill Road, commented that some abutters did not receive notice, especially those along Grant Road, and said that there are steep slopes on the site that will need consideration.
PUBLIC COMMENT PERIOD CLOSED.

Mr. Grant commented about the topography of the site, noting the steep slopes, and said that net residential density calculations will be required.  Mr. Shields said that staff would like the Board to take a close look at the prospect of a shared driveway which would align directly with Ritz Farm Road across the street.  Mr. Parker said he would like to see what property adjoins this parcel.  Ms. Fossum said that Maple Ridge subdivision was notified.

Mr. Grant directed that a sitewalk be scheduled. [8:51 p.m.]  


7.      PRE-APPLICATION CONFERENCE: SUBDIVISION / PRIVATE WAY – off NEW PORTLAND ROAD – by LAURENCE J. & LINDA H. KEEF – Discussion of a proposed 2-lot residential subdivision and a proposed 275’ private way on 10.68-acres.  Zoned R; M11/L4.002.

Les Berry, BH2M Engineers, appeared on behalf of the applicants and explained the project, saying that in 1993 a private way, Rangeley Way, was created on one side of the property, and the proposed private way is on the other side of the stream to serve a two lot subdivision.  Mr. Berry said that the new private way will access the parcel from new Portland Road on land recently conveyed by an abutter..  He said that the two lots will have frontage on the new private way and will contain 4.3 acres and 1.5 acres.  Mr. Berry said that the new houses will be sprinkled.  

Mr. Stelmack asked if the stream is Indian Camp Brook, Mr. Berry replied that he believes it is but will check it out.  

Mr. Grant directed that a sitewalk be scheduled.  [9:00 p.m.]


8.      PRE-APPLICATION CONFERENCE: SITE AMENDMENT - “TODDLE INN CHILD CARE” - 79 LIBBY AVENUE - by TODDLE INN DAY CARE, INC. – Discussion of a proposed expansion for an in ground pool. Zoned UR; M27/L1.003.

The applicant, Cheryl Carrier, explained to the Board that the proposal is for a 25 by 45’ heated pool, with a 6-foot high chain link fence directly around the pool pad, coming off the back door of the main day care building.  She said that tree cutting will be done to make sure that no tree will be able to fall into the pool.  She said that the pool will only be for the use of the students at the day care.  Ms. Carrier said she purchased two acres directly behind the day care facility for the pool from Patco Construction, developers of Shepard’s Way next door.  Ms. Fossum confirmed to Mr. Boyce that this is a special exception use in an urban residential area.  Ms. Carrier said that in order to get the pool installed in time for 8 weeks of pool use and finished by July, trees will need to be pulled immediately after the Board’s May meeting, so she asked if a sitewalk could either be done before the May meeting or waived.  Ms. Fossum commented that applicants should make no changes or improvements to a site without final Planning Board approval once a formal application has been submitted, and what is shown on a site plan as existing conditions should remain the same until the Planning Board has finished its review of the project and granted final approval.  She said that some developers cut a site before submitting an application.  She said that the applicant’s submission needs to go to the Planning staff on Wednesday April 6 in order to be scheduled for the May 2 meeting.  Mr. Shields asked if the Board members could indicate if they feel a sitewalk is necessary.  Mr. Hughes said that a sitewalk could be held after the applicant has submitted its plans for the May meeting.  Mr. Grant concurred with Mr. Hughes, saying that a sitewalk could be scheduled after the plans are submitted.  

Ms. Carrier said it will be necessary to cut back to the height of the trees, which is probably about 100 feet.  

Mr. Shields stated that as part of the original application, the applicant paid a sum of money toward the future construction of a sidewalk along Libby Avenue.  This sidewalk is now approved to be built from Main Street to the entrance of Shepard’s Way, just north of the entrance to the day care facility, so the applicant and staff have been in contact with MDOT and are working toward the completion of the sidewalk connection to Toddle Inn.  Ms. Fossum said that the sidewalk completion will be in the form of a condition of approval.  

In a discussion with Ms. Robie and the applicant, Mr. Shields said that Patco cleared its site right up to the property line and there is no buffer, so it may be necessary for this applicant to add some form of buffering.  


9.      ADJOURNMENT

        Douglas Boyce MOVED and Michael Parker 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\PBMN040405 sec draft.doc
4.      FINAL SUBDIVISION PLAN - “SANBORN MEADOWS” / ”MURRAY DRIVE” – off MIGHTY STREET – by BOYINGTON ASSOCIATES, 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 prior to the commencement of any site improvements and/or earth-moving activities associated within the approved subdivision, the applicant shall arrange for a pre-construction meeting with the Planning Staff, Public Works Director, Fire Chief, Code Enforcement Officer, Town’s Inspecting Engineer, Site Contractor, Design Engineer and himself to review the proposed schedule of improvements, conditions of approval, and site construction requirements;

4.      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;

5.      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

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

7.      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;

8.      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;

9.      That the applicant will be responsible for improvements to Mighty Street, beginning at the intersection of Route 114 and Mighty Street and extending 1700 linear feet to the northwest corner of the Vetrano lot, in accordance with the terms set forth in the letter from Bob Burns, Public Works Director, to Rick Meek, Sebago Technics, dated March 25, 2005. The form and amount of any performance guarantee to cover those improvements will comply with the requirements of the Land Use and Development Code and must be posted prior to the commencement of any site improvements. The improvements shall be completed prior to the sale or conveyance of more than seven (50%) of the lots within the subdivision or the issuance of more than seven (50%) of the building permits for lots within the subdivision.

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.