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06/06/2005 Minutes

Town of Gorham
JUNE 6, 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 eight item Agenda.  The Clerk called the role, noting that all members were present.

1.      APPROVAL OF MINUTES:  May 16, 2005

        Clark Neily MOVED and Susan Robie SECONDED a motion to approve the May 16, 2005 minutes as written and distributed.  Motion CARRIED, 6 ayes (Thomas Hughes abstaining as having been absent for the meeting on May 16, 2005).  [7:03 p.m.]


2.      SITE PLAN – “WASSAMKI SPRINGS CAMPGROUND” FILL AREA - off SACO STREET – by WM. A. HILLOCK, INC., JOHN B. HILLOCK, WM. A. HILLOCK CORP. & HILLOCK ENTERPRISES, LLC.  
PUBLIC HEARING - Request for approval of an earth moving project involving the placement of fill at Wassamki Springs Campground in an area northerly of the Central Maine Power easement on the property.  Zoned SR, SR-SZ & I; M7/L1, 2, 3, 5, 12 & 16.

Shawn Frank, Sebago Technics, appeared on behalf of the applicant and explained that the applicant received excess material which it spread out over a cleared area, but the Code Enforcement Officer ruled that because over 10,000 cubic yards of material were involved, the applicant would need to secure after-the-fact site plan approval.  Mr. Frank said the applicant has provided a copy of the easement granting them the right to cross the CMP pole line with the access road, the site plan has been revised to show the area not being used as a storage yard, and no portion of the approved site will be used for locating campers or campsites.  Mr. Frank also commented that a representative from MDEP has reviewed the site and believes that no jurisdictional wetlands are impacted.  

Mr. Shields made the staff comments and said that if the Board so decides, it can grant a waiver of the survey requirements for site plan review.  He said the application is in order for approval, and there are conditions of approval in place that would prohibit any use of the site that is not specifically in the application or areas of the site that are not specifically shown as areas for use.

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

Mr. Parker asked Mr. Frank to confirm those areas on the plan which are to be loamed and seeded.

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to waive the survey requirements.  Motion CARRIED, 7 ayes.  [7:09 p.m.]

        Douglas Boyce MOVED and Clark Neily SECONDED a motion to grant Wassamski Springs Campground’s request for after-the-fact site plan approval to place fill material and grade a portion of the site located off Saco Street and to use a portion of the site as a storage yard associated with the camp ground with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:10 p.m.]


3.      PRIVATE WAY PLAN – “CHAMPION ROAD” – off DINGLEY SPRING ROAD - by VENTURE HOMES, LLC.  Request for approval of a 400’private way to serve one lot.  Zoned R; M84/L5.

Fred Marshall, Plymouth Engineering, appeared on behalf of the applicant, and said that as a result of comments at the site walk, the drainage and grading have been revised.  He asked that the Board waive the 90 degree angle as required in the design standards.

Mr. Shields made the staff comments, describing the drainage changes made by the applicant.  He said that the proposed private way intersects Dingley Spring Road at less than the 90 degree angle required by the design standards, staff does not see any problem with waiving the design standard, and the Board has the authority to waive the standard.  Mr. Shields said it is interesting tot note that while private ways are required to have the 90 degree angle, public streets can go down as low as 70 degrees.  He said that there would be no public safety issues by reducing the angle, the right-of-way is an existing one left from previous transactions, and the applicant does not have the right of way in the 90 degree location.  

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

Mr. Stelmack asked the applicant’s engineer to show the private way’s location on the locus map, and discussed with Mr. Marshall the issue of construction note #3 which deals with a form of protection along the private way in areas of slopes of greater than 3 to 1.  Mr. Marshall said that the method employed would be left to the prospective owner of the lot.  Mr. Shields said that this is a construction note that the applicant’s engineer put on the plan, and neither he nor the Town’s review engineer saw it as an issue.  

        Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant Venture Homes LLC’s request for a waiver of the 90-degree minimum street intersection angle required by the Land Use and Development Code.  Motion CARRIED, 7 ayes.  [7:19 p.m.]

        Douglas Boyce MOVED  and Thomas Hughes SECONDED a motion to grant Venture Homes LLC’s request for approval of Champion Road, a 400’ private way to serve one lot, located off Dingley Spring Road with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:20 p.m.]


4.      PRIVATE WAY PLAN – “GILBERT WAY” – off SEBAGO LAKE ROAD/RTE 237 – by GILBERT HOMES, INC.   Request for approval of a 600’ private way to serve two lots.  Zoned SR; M53/L36.001.

Bill Thompson, BH2M, appeared on behalf of the applicant and discussed the proposal, saying that the private way would be unusual in that it would be paved and curbed for the first 200 feet in order to control stormwater and that they also would request a waiver of the 90 degree angle requirement.  

Mr. Shields gave the staff comments, saying that the applicant is also requesting a waiver of the requirement for granite curbed radii, indicating that the Public Works Director is not in favor of granting the waiver so staff is not recommending that the Board grant it.

PUBLIC COMMENT PERIOD OPENED:
Bill Stevens, 10 Stevens Drive, asked that the plans show that there is a gravel pit abutting the property, as well as a working farm.  Mr. Shields said the Board is not reviewing the lots, but the Board can ask that such a note be put on the plan.  Ms. Robie asked if the two lots would ever come before the Planning Board, Mr. Grant replied that they would not.  Ms. Robie indicated that in that case, she would be in favor of adding the notes to the plan.  Mr. Grant polled the board, and Mr. Stelmack, Ms. Robie, Mr. Neily and Mr. Boyce concurred that such a note should be placed on the private way plan.  Mr. Thompson agreed to put two notes on the private way plan, one about the gravel pit abutting the property and the other note that a working farm abuts the property as well.
PUBLIC COMMENT PERIOD ENDED.

Mr. Grant commented that insofar as the granite curb radii waiver is concerned, he did not believe that the Board should waive the construction materials required by the Code in favor of a lesser material.  The Board concurred that this waiver should not be granted.  

Mr. Stelmack asked Mr. Thompson about the 3 to 1 side slopes and providing some kind of guard rail.  Mr. Thompson said he would not be adverse to providing such protection, as the curb would not be enough of a barrier.

        Douglas Boyce MOVED and Clark Neily SECONDED a motion to grant Gilbert Homes’ request for a waiver of the 90 degree minimum street intersection angle required by the Land Use and Development Code.  Motion CARRIED, 7 ayes.  [7:35 p.m.]

        Douglas Boyce MOVED and Thomas Hughes SECONDED a motion to grant Gilbert Homes’ request for approval of Gilbert Way, a 600’ private way to serve two lots, located off Sebago Lake Road with conditions of approval as posted prior to the meeting and as amended here tonight with the addition of another item about area protection and discussed with the applicant.  Motion CARRIED, 7 ayes.  [7:36 p.m.]


Mr. Grant announced that inasmuch as Items 5 and 6 are interrelated, they would be discussed together.  

5.      PRELIMINARY SUBDIVISION / SITE PLAN – “GORHAM LANDING” – off 180 MAIN STREET – by CERTAINTECH BUILDERS, LLC, RICHARD REISS, MEMBER.  Request for preliminary subdivision approval and discussion of a proposed site plan for an 8-unit condominium project.  Zoned UR/OR; M100/L6.

6.      SITE PLAN – “180 MAIN” – at 180 MAIN STREET – by DAVID R. BROWN.  Discussion of proposed site improvements to an existing apartment building/rooming house (no new units or rooms). Zoned UR/OR; M100/L6.

Les Berry, BH2M, appeared on behalf of the applicants, saying that the project involves a 6.18 acre site which will be divided into two parcels, with David Brown retaining a 70,000 square foot lot and the existing apartment building, and Certaintech Builders to buy the remaining land, 4.57 acres, for the development of an 8-unit condominium project.  He said that each lot will have 80 feet of frontage as required by the Code.  Mr. Berry said that the driveway into the project cannot be public road because it cannot meet the 300 foot setback requirement from Route 202, it cannot be a private way because there is a 10-unit limit, so the applicants are calling it a driveway.  As a driveway, there is no setback limitation from the intersection, even though the setback is 280 feet from the intersection.  The drive would be built  24 feet wide, with cape cod style bituminous curbing, a five foot grassed esplanade and a five foot sidewalk on the east side of the roadway, and would always be private.  Mr. Berry said that a traffic study by Peter Hedrich has concluded that the traffic to be generated by the project would be minimal.  He said that a drainage easement would be given to the Town for the 33 inch storm drain pipe, and commented that vehicular access to the stormwater detention basis outlet control structure would not be necessary as it is a 6-foot diameter manhole which could be reached on foot.  Mr. Berry said that one leg of the hammerhead would be paved at 16 feet in width, the same as though the drive were a private way, made of landscape pavers.  Mr. Berry said that the each unit will have a two-car garage and a driveway of some 50 feet to accommodate two cars and therefore utilizing one leg of the hammerhead for parking would appear to be unlikely.  Mr. Berry said that the sewer will be private, and discussed the issue of a hydrant, saying that the Town would not pay for a private hydrant and the Portland Water District doesn’t want a private hydrant, so the solution appears to be to make it a public hydrant at the street.  He indicated that the existing street light at two power pole locations and current lighting for parking associated with the apartment building should be sufficient.  Finally, Mr. Berry commented that net residential calculations allow for 11 units, but only 8 are being proposed.  

Mr. Shields made the staff comments, noting first that if a hydrant is on private property, it will be a private hydrant.  Mr. Grant said that it has been decided that legally the Town cannot authorize using tax payers’ money to maintain private hydrants.  Mr. Shields suggested that a solution to the issue would be to sprinkle the units and eliminate the requirement for a hydrant.  Mr. Shields said that in the net density calculations there are slopes used within the 20 to 33% which the Board needs to decide should be allowed, particularly in Lots 2, 3, 4 and 5, where the houses are to be built and the grading is to be done on the 20 to 33% slopes.  Mr. Shields that if this were a Town road, there would have to be a driveway or a roadway to the outlet control structure, but the Public Works Director’s opinion is that there would be a small amount of maintenance to this control structure and whatever has to be done can be done manually.  After comments from Mr. Hughes about what to call the entry into the project – road, driveway, street, highway – Mr. Shields referred the Board to another project recently approved whose entrance road is identical to that proposed in this project, and said that this is a street which nearly meets all the requirements for an urban access road in its design and construction, except that it is 20 feet short of the required intersection distance from Route 202 and whether the turnaround is adequate for the Town’s fire apparatus.  Mr. Shields said he is satisfied with Mr. Berry’s comments about the lighting.  He said that so long as the homeowners’ association is dealing with snow removal and storage, the Public Works Director has no issue with the snow being pushed down over the banking on the natural grade to the right hand side of the hammerhead, and the association will have to be responsible if there is damage done to the curbing.  

Ms. Fossum commented that the 16 foot paving suggested for one leg of the hammerhead, as mentioned by Mr. Berry, should be widened and extended to 22 feet so that it is clear to any of the public using this road that they are at a point where they can turn around.

Insofar as the site plan for the existing apartment is concerned, Mr. Shields commented that the major improvements would include parking lot improvements, access improvements and storm water improvements.  

Mr. Neily reminded the Planning Board that is exactly the kind of development to be encouraged in the Town, as contrasted with development in outlying areas, and he wishes to support it as well as he can.  At the request of Mr. Stelmack, Mr. Shields explained that if this were to be a public street, the Code requires it to be 300 feet, center point to center point, with the intersection of Route 202, but this lacks that by 20 feet, being 280 feet from center point to center point.  Mr. Stelmack asked Mr. Berry to describe the lighting for the parking lot.  Mr. Grant commented that the 300 foot intersection setback in this instance is significant, given the amount of traffic on Route 25 and the impact that turns in and out of this project will have on traffic that is congested on a regular basis.  He also commented that particular attention would need to be paid to banning parking on the east side of Route 25 so that traffic can move around cars waiting to turn into the development.  Mr. Hughes concurred with Mr. Neily that this is good use of the land, and discussed the possible placement of the driveway with Mr. Berry.   Ms. Robie commented that she appreciated the efforts to keep the street trees intact.  Mr. Stelmack asked Mr. Berry what improvements were anticipated for the apartment building; Mr. Berry replied that they involved increasing the parking to 20 spaces, and improvements to landscaping and drainage.  Mr. Grant commented that he would like to have the Fire Chief’s input about the hydrant issue and the turnaround.  Mr. Hughes asked about the Fire Chief’s comments in his memo of May 25 concerning the apartment building being brought up to code; Mr. Berry said he assumed those were issues within the building.  

PUBLIC COMMENT PERIOD OPENED:
Ardene Towle, 192 Main Street, spoke about traffic concerns that will be increased by the project, trespass and vandalism to her property by the residents of the apartment building, problems with snow removal and trash, and improper use of her driveway.  She asked Mr. Berry how her driveway will be blocked off from the proposed condominiums and what buffering is proposed.  Mr. Berry replied that buffering will be accomplished by landscaping, curbing and a wood rail fence.  Mr. Stelmack asked if Mrs. Towle would consider a stockade fence; Mr. Berry agreed to work with Mrs. Towle on this issue.  Mr. Berry told Mrs. Towle that before construction vehicles enter the site, that part of the drive common with her property will be closed off and the landscaping will be accomplished, and then the new entrance would be built and used in the condominium construction.
PUBLIC COMMENT PERIOD ENDED.

In response to Mr. Grant, Mr. Reiss explained that the units will have 1 to 4 bedrooms and will target empty-nesters and retirees.  He also commented that he believes ultimately Mr. Brown’s apartment building will be converted into three condominiums and will be more attractive and produce a reduction in traffic.

The Chairman called for a stretch break to 9:00 p.m.


Stretch Break to 9:00 p.m.

Mr. Grant asked if there will be maintenance agreements between the two separate owners involved.  Mr. Shields replied that maintenance agreement documents for the roadway, detention pond, and drainage facility will have to be submitted for final approval.  Mr. Boyce expressed sympathy for Mrs. Towle’s problems, saying that the most significant concern to him is the traffic that will access this project and impact traffic and safety with new turning movements.  Mr. Boyce said he would feel more comfortable if there were a traffic peer review performed relevant to the safety issues on Route 25 and at the intersection with Route 202.  Mr. Neily disagreed with the need for a peer review, saying the impact of this development will be minimal and said that the southerly by-pass route apparently will be financed under the present federal budget, which when completed will alleviate the traffic conditions on Route 25.  In response to a query from Mr. Parker, Mr. Berry replied that the condominium association will need to hire a private trash hauler and that trash will be left at the individual driveways for pickup.  Mr. Berry said that the apartment trash dumpster will be moved, will have a fence placed around it, and will not be visible from the Towle home.  Mr. Parker said he was prepared to vote for preliminary approval but is anxious to hear from the Fire Chief and would like to see a further traffic study.  Mr. Stelmack said he would also like to see a peer review traffic study done which does not simply confirm what is in the existing report, but rather to give the peer review engineer some guidelines such as looking at on-street parking and specific improvement recommendations.

Clark Neily MOVED and Michael Parker SECONDED  a motion to grant the request by Certaintech Builders, LLC, for preliminary subdivision plan approval for the Gorham Landing Condominiums, a proposed 8-unit condominium development of 4.57 acres off Main Street, zoned OR/UR, Map 100, Lot 6.  
Discussion:     Both Mr. Grant and Mr. Boyce indicated that they could not vote in favor of granting preliminary approval in light of the problems they perceive as remaining unresolved.
Motion CARRIED, 4 ayes and 3 nays (Harold Grant, Douglas Boyce and Thomas Hughes).  [9:10 p.m.]


7.      SPECIAL EXCEPTION – “CHILDHOOD ADVENTURES DAY CARE” – 652 MAIN STREET – by CHILDHOOD ADVENTURES, INC.  Request for approval of a proposed special exception use for a day care center serving up to 20 children.  Zoned RC; M32/L2.

Jennifer Morrell, president of Childhood Adventures Day Care, appeared to present the request for special exception to the Board, saying that their present facility on Libby Avenue can accommodate up to 12 children and they would like to expand their capacity to accommodate up to 20 children.

Mr. Shields gave the staff comments, saying that the application requires special approval by the Planning Board, with site plan review to be done by the Site Plan Committee.  He said the main building at 652 Main Street is a residential building, the accessory building to the rear has been used as a commercial office building, and the applicants are proposing to use the ground floor of the former Century 21 office building.  He said that the facility will be served by public water and on-site septic, and the site has existing parking and vehicular driveways.  He drew the Board’s attention to the Special Exception Criteria on which the Board needs to vote, saying that if any Board member feels that the application fails to meet every one of the Criteria, the application will fail to pass Special Exception approval.  

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

Mr. Stelmack asked the applicant to describe their prospective neighbors.  Ms. Merrill said that there is no one close except a residence on the other side of Smith Road.  Mr. Grant commented that Mr. Rines lives on Smith Road well over a half a mile away.  Ms. Fossum said that this day care would be located in the basement of the rear structure.  Mr. Boyce said that he would feel much more comfortable had a site walk been done on this application, and, as Finding 1 of the Special Exception Criteria deals with the project’s impact on traffic, he is particularly concerned about traffic movement issues on Route 25 in and out of the facility.  Mr. Grant concurred with Mr. Boyce that voting on the application should be postponed until a sitewalk could be scheduled.  Mr. Hughes asked the applicant what impact such a postponement would have on her arrangements, and Mrs. Merrill said that their lease date was July 1.  Ms. Fossum said that the Special Exception request and the site plan review are being treated concurrently.  Ms. Fossum noted that the next scheduled sitewalk date would be June 16, that it would be possible to schedule this sitewalk for that date, and then have the applicant return for the June 20 Board meeting.

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to postpone this application to the meeting of June 20, 2005.  Motion CARRIED, 7 ayes.  [9:30 p.m.]


8.      PRE-APPLICATION CONFERENCE:  SITE PLAN – “GLIDDEN EXCAVATING & PAVING, INC.” – off NEW PORTLAND ROAD – by GLIDDEN PROPERTIES, LLC, EARLE E. GLIDDEN, MEMBER.  Discussion of a proposed plan for a 4000 square foot  building and associated site improvements.  Zoned I; M12/L33.019.

Shawn Frank, Sebago Technics, appeared on behalf of the applicant, saying that the applicant proposes to relocate his business from his home to a new location off New Portland Road adjacent to Guerin Oil Property.  He said the proposed site is 2.15 acres and the improvements would include a driveway to access a proposed 50 by 80’ single story shop building with a 24 by 60’ modular office space.  Included would be a gravel lay down area necessary to store trucks and equipment, and landscaping along the New Portland Road area.  He said that it is intended to research the appropriateness of the approved industrial subdivision 30 foot buffer requirement along the property line between this facility and Guerin Oil.  Mr. Frank introduced Frank Grondin of Maineland Structures, Inc.

Mr. Neily expressed concern about soil contamination in the gravel lay down area.  Mr. Frank said that the area should compact down well, and it is intended to pave it in the future.  Mr. Boyce asked if any discussions have occurred between the applicant and Guerin Oil about sharing access; Mr. Frank replied that while they have talked, nothing formal has occurred, and Guerin may have some legal questions to resolve.  Mr. Frank replied to Mr. Grant that the applicant would access his utilities from the industrial park, and that he does not know if the houses in the area have public water.  Ms. Robie asked if there were any weight restrictions on New Portland Road.  Mr. Grant said he did not believe it was an issue. Mr. Stelmack asked Mr. Grondin to provide information about what kind and how many types of machinery and equipment would be stored on site.  Mr. Frank said that the size of the gravel area is about 1/3 the size of the lot, or about _ of an acre.  Mr. Frank told Ms. Robie that it is anticipated that the buffering along the road would probably be a berm with vegetation.

Mr. Grant directed that a sitewalk be scheduled.


9.      ADJOURNMENT

        Michael Parker MOVED and Douglas Boyce SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [9:45 p.m.]

Respectfully submitted,


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


2.      SITE PLAN – “WASSAMKI SPRINGS CAMPGROUND” FILL AREA - off SACO STREET – by WM. A. HILLOCK, INC., JOHN B. HILLOCK, WM. A. HILLOCK CORP. & HILLOCK ENTERPRISES, LLC.
Approved
Conditions of Approval:

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;

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

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;

That the site improvements shall be completed as shown on the approved plans prior to the use of the fill area as a storage yard or a performance guarantee covering the remaining site improvements shall be established through the Planning Department;

That the area not being used as a storage yard, as shown on the plans, shall not be used for any use without further Planning Board approvals and further more no portion of the approved site will be used for the location of campers or campsites;

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.


3.      PRIVATE WAY PLAN – “CHAMPION ROAD” – off DINGLEY SPRING ROAD - by VENTURE HOMES, LLC.
Approved
Conditions of Approval:

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 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;

That prior to the commencement of construction of the private way, the applicant is responsible for obtaining all required local, state and federal permits;

That prior to the commencement of construction of the private way, the applicant will establish a performance guarantee with the Planning Department to cover the cost of constructing the paved apron;

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;

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;

That prior to the commencement of any site improvements and/or earth-moving activities, representatives of the applicant, 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 private way requirements;

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;

That prior to the issuance of any occupancy permits for any of the lots served by the private way, the Town’s Inspecting Engineer shall certify to the Code Enforcement Officer that the private way has been constructed in accordance with Chapter II, Section V, and the approved Private Way Plan; and

That the private way plan 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 shall be returned to the Town Planner.