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08/01/2005 Planning Board Minutes
Town of Gorham
AUGUST 1, 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
THOMAS HUGHES                           AARON SHIELDS, Assistant Planner
CLARK NEILY                             BARBARA SKINNER, Clerk of the Board
MICHAEL PARKER
SUSAN ROBIE
MARK STELMACK
Members Absent:
Douglas Boyce

The Chairman opened the meeting at 7:00 p.m. and read the Agenda.  The Clerk called the role, noting that Douglas Boyce was absent.

1.      APPROVAL OF MINUTES:  JULY 11, 2005.

        Michael Parker MOVED and Mark Stelmack SECONDED a motion to approve the July 11, 2005 minutes as written and distributed.  Motion CARRIED, 5 ayes (Douglas Boyce absent and Thomas Hughes abstaining as having been absent for the July 11, 2005 meeting).  [7:02 p.m.]


2.      SITE PLAN APPLICATION – “GLIDDEN EXCAVATING & PAVING, INC.” – off 332 NEW PORTLAND ROAD - by GLIDDEN PROPERTIES, LLC, EARLE E. GLIDDEN, MEMBER.   PUBLIC HEARING.  Request for approval of a 4,000 square foot industrial building with associated site improvements for a construction business. Zoned I; M12/L33.019.

Mr. Grant noted that the applicant has requested that this item be postponed.

        Michael Parker MOVED and Thomas Hughes SECONDED a motion to postpone discussion of this item until the revised plans have been submitted and reviewed by staff and the applicant is ready to return to the Board.  Motion CARRIED, 6 ayes (Douglas Boyce absent).  [7:03 p.m.]


3.      SITE PLAN APPLICATION – “652 MAIN” – 652 MAIN STREET – by FST REALTY, LLC, MICHAEL D. COOPER, MEMBER.   PUBLIC HEARING.  Request for approval of a site plan for conversion to 6,000 square foot professional office space. Zoned RC; M32/L2.  

Michael Cooper, applicant, introduced his partner Kenneth Lefebvre and Mr. [Mark] St. Germain of St. Germain & Associates.  Mr. Cooper discussed the proposal to convert DeWitt Manor to office space, and said that no change to the footprint of the building is contemplated, and that the Board has approved a tenant in the barn already, Childhood Adventures Day Care.  Mr. Cooper said it is proposed to install a 23-car parking lot behind the main building, re-do and upgrade the driveway leading from the main entrance down to the barn building and to provide 10 parking spaces in the lower level.  During the approval process for the day care, it was agreed that the parking lot and driveway servicing that lower level would be brought up to completion with everything except final paving this fall, with the final paving to be done before July 1, 2006.  Mr. Cooper said it is planned to lower the driveway as it comes off Route 25 and cut back the banks on either side to improve sight distance.  He said in order to preclude any interaction between the children attending the day care and the cattle in the farm next door, an area of double row tree screening will be provided between the day care play area and the farm.  Mr. Cooper said that the septic system presently serving the barn is not adequate for additional use beyond that of the day care, and in the event there is another tenant proposing to lease space in the barn, they understand it will be necessary to return to the Town with a plan to upgrade the septic system.

Mr. Shields gave the staff comments and pointed out certain items remaining for discussion, which include 1) removal or relocating of two parking spaces around or too close beside the driveway areas; 2) additional information is required about lighting to assess safety or glare; and 3) replacement of proposed white pine buffer trees with another type of tree, as well as information as to their size.  Mr. Shields also noted that insofar as the septic system in the barn is concerned, the Code Enforcement Officer has indicated that he will not permit any more occupants in the barn until the septic system is brought up to date.  He said that the Public Works Director is satisfied with the drainage.

Mr. Neily asked if a condition of approval could be put in place that before any additional space in the barn is used in addition to the day care the septic system should be expanded.  Mr. Shields replied that such a condition can be added.  However, Mr. Shields concurred with Mr. Grant that the best way to deal with the septic issue is for the applicant to work with the Code Enforcement Officer when there is another applicant proposing to use space in the barn.  Mr. Cooper replied to a query from Mr. Parker as to the location of an expanded septic system, and further said an upgraded septic system has not been designed as yet because it has not been determined how many additional tenants the barn can accommodate.  

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

Mr. Stelmack asked Mr. Cooper to respond to staff’s comments.  Mr. Cooper said there is adequate parking without the two parking spaces that staff wishes to see removed along the driveway, the spaces will be removed from the plan and that no parking signs will be installed in the area.  Mr. Cooper said that the white pines in the buffer area will be replaced by blue spruce or fir of perhaps 5 feet tall, which will also be added to the plan.

Mr. Grant asked about the signage for the site.  Mr. Cooper said that the sign will be either the same size or a little smaller, certainly not any bigger, and that the sign company that designed the sign dealt with the Code Officer about the issue.  Mr. Lefebvre said his understanding of what the Code Officer said was that they were allowed to replace what was there before, so long as they did not make the sign larger.  Mr. Cooper said that the sign is to be internally lit, and Mr. Neily suggested that the applicant reconsider the inner lighting.  Mr. Lefebvre said he believes it is exactly the same kind of lighting that was on the original sign, there will spaces for four tenants, and there will be no reader board lit as before.  Mr. Lefebvre said he would go back to the sign company to see what options they might have about lighting the sign; Ms. Robie suggested that one option could be that the letters are illuminated instead of the whole box.  

Mr. Neily commended the applicants in their efforts to make the site safer, such as the work on the entrance at Route 25.  Mr. Grant agreed.  

Mr. Grant asked the applicant to accede to the Fire Chief’s suggestion and put in signs at Smith Road saying “No entrance - emergency vehicles only” and the same for exiting.  The Board concurred that “emergency vehicles only” should be added to the existing signs shown on the plan at Smith Road.  Mr. Cooper said that if problems occur, they will talk to the Fire Chief to see what he recommends to block Smith Road.  

In a discussion about lighting, Mr. Cooper said they would like to keep the spot lights on the manor as they are now; the Board ultimately concurred that those spot lights could be maintained, but a condition of approval was drafted to provide that the spot lights be put on a timer which turns them off at 10:00 p.m.  That Condition of approval was read by Ms. Fossum as follows:  “That the building spot lights will be put on a timer and turned off no later than 10:00 p.m. nightly.”  It was also determined that the new lights on the building for the parking lot in the back and the barn will be shielded with cut-offs, which will be noted on the plan legend.  

        Clark Neily MOVED and Thomas Hughes SECONDED a motion to grant FST Realty, LLC’s request for approval of a site plan amendment for the conversion of a existing residential building to non-residential use and associated site improvements at 652 Main Street with conditions of approval as posted prior to the meeting, discussed during the meeting and discussed with the applicant.  Motion CARRIED, 6 ayes (Douglas Boyce absent).  [7:46 p.m.]


4.      SITE PLAN AMENDMENT - “COMMERCIAL CONDOMINIUMS” – off GORHAM INDUSTRIAL PARKWAY – by ATLANTIC HARDWOODS, INC.   PUBLIC HEARING
        Request for approval to permit the conversion of a building currently under construction to a 6-unit commercial condominium on 2.35 acres on land of J.K. Properties, Inc. Zoned I; M12/26.006.

Owens McCullough, Sebago Technics, appeared on behalf of the applicant and explained that the applicant’s initial proposal included plans for 5 leased 25’ by 100’ spaces and one 75’ by 100’ space for its own use.  Subsequently, the applicant has decided to sell the 5 spaces intended to be leased and to create a condominium ownership instead.  Mr. McCullough said each unit would be approximately 2500 square feet and include parking in front of and behind the space owned.  Mr. McCullough said it is proposed that the condominium documents will include language saying that “the uses within the condominium shall be compliant with the specified parking standards of the Town of Gorham Land Use and Development Code, Section II, Parking, Loading and Traffic” and referencing the sub items.  

Mr. Shields gave the staff comments and described the change in the previously approved project.  He said that each condominium unit would be approximately 2500 square feet and include parking that is identified on the “Condominium Plat Plan” in front of and behind the space owned, and there is a “Condominium Plat” as well that identifies the unit dimensions with potential office and warehouse locations.  He said that each unit will have 5 parking spaces.  Mr. Shields said that Condition #5, which has been prepared by the Town’s Attorney to deal with the issue of parking, states:  “That the owner or occupant of each unit shall apply for and obtain a Certificate of Occupancy for the establishment of new uses of the individual spaces and shall submit the information required for the issuance of that Certificate, including but not limited to parking calculations for the new use, to the Code Enforcement Officer for review and approval.”  Mr. Shields agreed with Mr. McCullough’s suggestion of the added language in the Condominium documents referring to the Town’s parking ordinance.

Mr. McCullough explained to Mr. Grant that there will be no traditional loading docks, that there will be overhead doors to permit the entry of trucks, and that the site has been designed with one-way circulation around the building to allow Atlantic Hardwoods to receive deliveries by WB40 trucks.  In response to a question from Mr. Hughes about water supply for each individual condominium, the applicant replied that the water supply will become a common element and be included in the condominium fees on a monthly basis.    

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

        Mark Stelmack MOVED and Thomas Hughes SECONDED a motion to grant Atlantic Hardwood’s request for approval for a site plan amendment to convert an existing 20,000 sf building and associated site improvements on Lot #6 of the Grondin Commercial Subdivision to commercial condominiums with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 6 ayes (Douglas Boyce absent).  [8:01 p.m.]


5.      SITE PLAN/SUBDIVISION PLAN AMENDMENT – “MORRILL PLACE CONDOMINIUMS” – off MORRILL AVENUE – by TOWN OF GORHAM.   
        PUBLIC HEARING.  Request for approval of a minor amendment to Condition of Approval No. 8 of the Morrill Place Condominium Subdivision Plan relating to Ball Park Road sidewalk improvement. Zoned UR; M25/L6 & M106/L19.

Mr. Stelmack asked that he be recused as he is a personal friend of the developer.

Ms. Fossum introduced the item, explaining to the Board that Condition of Approval #8 to the original application for the Morrill Place Condominium Subdivision plan required that the developer to construct a sidewalk along Ball Park Road, which has not yet been done and for which the Town is holding a performance guarantee in the amount of $72,000.  In the meantime, the Town has brought forward the plan for the new municipal center and community center in the Shaw School Building, and several officials have asked the Town Manager to have staff inquire of the developer if it would be amenable to releasing the $72,000 to the Town to be applied toward either the construction of a sidewalk along Morrill Avenue or, if that does not occur, the Town would assume the responsibility of completing the sidewalk along Ball Park Road.  Ms. Fossum said that the Town Council has recently commissioned a study of the traffic on Morrill Avenue, with one of the goals of that study to determine the best location for and how a sidewalk could be constructed on Morrill Avenue.  She indicated that the developer, Pines of Portland LLC, has expressed by letter dated July 18, 2005 that it is agreeable to having the $72,000 for a Morrill Avenue improvement or on Ball Park Road.  Ms. Fossum said that an updated estimate of the cost of a sidewalk on Ball Park Road has been reviewed by the Public Works Director, but that sum would not cover the full cost of a sidewalk on Morrill Avenue.  

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

Ms. Fossum read a new Condition of Approval #3 as follows:  “That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s approval of the amendment.”

        Thomas Hughes MOVED and Susan Robie SECONDED a motion to grant the Town of Gorham’s request for approval of an amendment to Condition of Approval #8 of the Morrill Place Condominium Subdivision Plan, allowing Pine of Portland II LLC to give to the Town a cash sum of $72,000 to be used by the Town for the construction of either a sidewalk on Morrill Avenue or Ball Park Road with the following conditions of approval posted prior to the meeting, discussed at tonight’s meeting, and discussed with the applicant.
        Discussion:     Mr. Neily asked for confirmation that the applicant is agreeable to the amendment.  Ms. Fossum referred to the July 18, 2005 letter form Pines of Portland
        Motion CARRIED, 5 ayes (Douglas Boyce absent and Mark Stelmack recused).  [8:10 p.m.]


Mr. Stelmack returned to the table.


6.      SITE PLAN/SUBDIVISION PLAN AMENDMENT: TRANSFER OF OWNERSHIP – “BARSTOW HIGHLANDS” – off BARSTOW ROAD – by INFINITY DEVELOPMENT, LLC, CHRISTOPHER BALL, MEMBER.
        PUBLIC HEARING.  Request for review and approval of a proposed lot line change and transfer of ownership from The New Tomorrow, LLC, Hawkes & Barstow, Members, to Infinity Development, LLC, for a 45-unit multi-family housing development (11 multi unit structures) on 107.8 acres off Barstow Road. Zoned SR; M87/L21, 22, 23.  (NOTE:  “45 unit multi-family housing development (11 multi-unit structures)” should be corrected to read “40 unit multi-family housing development (10 multi-unit structures”.  In addition, the acreage amount of the parcel of 107.8 is incorrect; it should read 102.27).

Jeffrey Read, P.E., Pinkham & Greer, appeared on behalf of the applicant.  He explained that there was a lot line change prior to the purchase by Infinity of the parcel due to a parcel being sold to an abutter, that Infinity has negotiated with the abutter and was able to acquire most of the parcel that had been sold, with the exception of two strips of land, 20 and 30 foot buffer strips, resulting in a reduction of the total acreage from 102.27 to 101.67 acres.  Mr. Read said that the project is otherwise essentially the same as that which was approved in December of 2003.

Mr. Shields gave the staff comments and pointed out that originally a condition of approval, COA #20, required the developer to provide a letter of financial and technical capacity from a lender prior to the signing by the Board of the Mylar.  The original applicants, The New Tomorrow, were unable to satisfy that condition, and the project was sold, and the current applicant is now the owner of the project.  Mr. Shields said that the current owner is also required to satisfy Condition of Approval #20, and to that end, has provided a letter from Machias Savings Bank to the Board.  Mr. Shields explained that prior to the current applicant purchasing the property, approximately 11 acres of land of the original parcel was conveyed to an abutter, this conveyance was not known to this applicant until after purchasing the parcel, and after negotiations, all but two strips of land were recovered around two sides of the abutting property.  He said the plans have been revised to show the change, and the overall density of the parcel is not affected.  Mr. Shields said that the applicant’s attorney has confirmed that all the transfers have occurred and that the lots lines are correct. Insofar as the 11 acre transfer and the lot line change are concerned, Ms. Fossum said that this occurred even before the Board saw the final plan, and the title ramifications needed to be cleaned up.  It is one of the reasons the project has taken so long to come back before the Board.  
Mr. Shields said that the Mylar was not recorded because it was never signed; even though the Board moved to approve the project, it was made very clear that the Board would not sign the Mylar until the technical and financial capacity had been demonstrated, which never occurred.  Mr. Shields explained that the 30 day requirement to record a Mylar runs from the date the Mylar is signed by the Board, and the Mylar for this project was never signed.

Ms. Fossum pointed out that this applicant has provided a letter of financial and technical capacity, satisfying Condition #20 that “Prior to the Board’s endorsement of the final plan Mylar, the developer shall provide a letter of financial and technical capacity from the developer’s lender…”

Mr. Shields noted that Mr. Stelmack was not a member of the Planning Board at the time the original approval of the application took place in December of 2003, and that the Chairman, Harold Grant, was absent from that meeting.  Ms. Fossum said that Mr. Stelmack would have had to review the entire file in order to participate tonight.  Mark Stelmack noted that he would abstain from participation in this item as he was not a member of the Planning Board at the time of the original application and he has not reviewed the files and tapes.

Ms. Robie questioned the letter from Machias Savings Bank inasmuch as it does not refer to the $80,000 payment required in Condition of Approval #10, “That the developer should pay to the Town of Gorham $80,000 for the cost of improvements to Barstow Road.  This amount shall be paid prior to the commencement of any work within the subdivision.”  Ms. Robie expressed concern that the letter from the Bank specifically stated that “This letter will confirm that, based on our preliminary due diligence and subject to our standard underwriting requirements, Infinity Development Group, LLC, will have the financial capacity to install 1,600 feet of road, water drains, public water installation, and landscaping” but fails to mention that the applicant would have the financial capacity to make the $80,000 payment.  Although Mr. Shields noted that rarely did banks deal in complete specifics, Ms. Robie reiterated her concern that some specifics were listed in the Bank’s letter, but the letter leaves out other critical items, particularly the $80,000 payment.  She wondered if the applicant was aware of that obligation; Ms. Fossum assured Ms. Robie that staff has made it very clear to the applicant that Condition #10 exists and must be met. Mr. Parker agreed with Ms. Robie that the Bank’s letter is not completely inclusive and asked Mr. Read if the applicant is financially capable to carry out this project.  Mr. Hughes concurred with Mr. Parker.  Ms. Fossum asked if the Board would like to see a complete schedule of improvements attached to the Bank’s letter.

In response to a query from Mr. Grant about the posting of a bond or performance guarantee, Ms. Fossum said that Condition #12 specifies that “This condition does not prohibit the sale of the entire subdivision to a new owner, provided that the new owner submits an acceptable bond or performance guarantee as required hereby prior to the commencement of any construction in either phase of the development.  Ms. Fossum said that the new applicant cannot commence work on the subdivision if he doesn’t own the property.

After further discussion, the Board concurred that more information from the Bank should be provided and the Town Attorney should review some of these issues.  

        Clark Neily MOVED and Susan Robie SECONDED a motion to postpone this item to the next meeting of the Planning Board on August 15, 2005.
        DISCUSSION:     Mr. Parker asked the applicant’s representative if Infinity will finance the building of the buildings; Mr. Read replied that he believed that Infinity will handle it.  Mr. Parker told Mr. Read that the Bank’s letter is not inclusive enough.  Mr. Read said he would relay this information to Infinity.
        Motion CARRIED, 6 ayes (Douglas Boyce absent).  [8:30]

As the item is listed as a public hearing, a member of the public asked to be able to comment on the application.

        Michael Parker MOVED and Susan Robie SECONDED a motion to reconsider the item in order to open the public hearing.  Motion CARRIED, 6 ayes (Douglas Boyce absent).  [8:31 p.m.]

PUBLIC HEARING PERIOD OPENED:
Newbern Miner, 19 Bear Run Drive, abutter.  Mr. Miner asked that the Board reject the transfer of ownership, reject the approval given in December of 2003, and require that the new owner begin the process again.  Mr. Miner said he believes that many conditions of approval have not been met and the prior final approval is now null and void.  He instanced Condition of Approval No. 10:  “That the developer shall pay to the Town of Gorham $80,000 for the cost of improvements to Barstow Road.  This amount shall be paid prior to the commencement of any work within the subdivision,” asserting that the demolition of the house and the barn that was on the property constitutes the commencement of activity on the parcel; therefore, Condition 10 has been violated as the $80,000 has not been paid.  Mr. Miner instanced Condition of Approval No. 12:  “That there shall be no sales of units or commencement of any site construction activities whatsoever in either phase of the development, until a bond or performance guarantee in the amount equal to 100% of the cost…, ” pointing out that this figure has now been revised to 125%, thereby invalidating this Condition.  He referenced Condition of Approval No. 13:  “That there shall be no further division or development of the area shown as open space, other than for recreational uses,” noting that the new proposed lot line is a change to the open space of this development, another violation of the Conditions of Approval.  He said that what had been proposed as open space available to the public is now shown on the plans as being restricted to residents or guests.

Mr. Miner reminded the Board that one of the major concerns of the abutters about this development is the condition of Barstow Road, and the $80,000 payment was to be the developer’s commitment to supplemental funds of $240,000 set aside by the Town for the improvement of Barstow Road.  Mr. Miner contends that the $240,000 set aside is gone, and $80,000 is insufficient to improve the road.  He asked who will pay for the construction of the intersection, if it will be the developer, or does the developer believe the $80,000 is to cover the cost of that work, which would mean the sum would not be available for the improvement of Barstow Road.

Mr. Miner asked who are the members of Infinity Development, LLC, and if it includes any of the original group. He asked if George Barstow and Betty Dyer of the original group of developers bought out and adequately compensated; if not, what happens should either one take legal action against the new ownership because they do not believe they were adequately compensated.  He asked what became of the market study that was to have been performed and commented about the typographic errors in the number of units and buildings, i.e., 45 units in 11 buildings when the approval was for 10 buildings and 40 units.  Mr. Miner said he wanted to know exactly how much Machias Savings Bank is committed to for the project

In conclusion, Mr. Miner said that if the project were to proceed, construction vehicles should be limited to the northern end of Barstow Road.  
PUBLIC COMMENT PERIOD ENDED.  [8:51 p.m.]

Mr. Read declined to respond to Mr. Miner’s comments, saying that he has not been involved with the project sufficiently to respond.  

Mr. Hughes responded to Mr. Miner’s comments, saying that there is no way the Planning Board could have prevented a sale of this property to another owner, that the Board did not have the authority to do that.

        Michael Parker MOVED and Thomas Hughes SECONDED a motion to postpone this item to the August 15, 2005 Planning Board meeting.
        DISCUSSION:     Mr. Neily commented that many questions have been raised which will need to be addressed by staff and the Town Attorney before the August 15 meeting.
        Motion CARRIED, 5 ayes (Douglas Boyce absent, and Mark Stelmack abstaining from participation as not having been a member of the Planning Board at the time the original application was approved).  [8:55 p.m.]


Stretch Break to 9:05 p.m.

7.      PRE-APPLICATION CONFERENCE: SUBDIVISION/PRIVATE WAY PLAN APPLICATION – “HARDING BRIDGE FARMS PHASE II” – off HARDING BRIDGE ROAD – by LITTLE RIVER PROPERTIES, LLC, KENNETH & CAROLYN GRONDIN, MEMBERS.  Discussion of a proposed plan for a 13-lot subdivision on 70.93 acres.  Zoned R; M50/L13 & M44/L10.

Owens McCullough, Sebago Technics, appeared on behalf of the applicants and described the project.  He said that Phase II will complete the looped roadway begun in Phase I; public water has been extended through an agreement with Gilbert Homes, abutter; the utilities have been undergrounded for Phase I and will be undergrounded for the remaining 13 lots of Phase II.  He said that a Site Location and Development Act permit and a Tier I wetlands permit will be required as approximately 5,000 square feet of wetlands which will be impacted.  Mr. McCullough pointed out a proposed private way to serve 2 lots and to provide a right of way to the Althea Irish property.  He said that the first phase had two detention ponds but this phase will utilize stormwater buffers instead of detention ponds, following the new low impact design guidelines that DEP will implement this fall.  

Mr. Grant asked if the new DEP guidelines impact the Town’s current Code.  Mr. McCullough said that the way the project is set up, the use of the buffers still keeps the postdevelopment run-off rates very consistent with predevelopment rates, and the buffers will provide water quality treatment as required by DEP.  Mr. McCullough said that stormwater buffers will still meet most of the traditional requirements.  Mr. Shields noted that water treatment is not part of the standards in the Code.

In response to Mr. Hughes, Mr. McCullough said that the road will be built to rural access standards, and the private way is more of a driveway.  Ms. Robie expressed concern that Lots 23 and 24 have building envelopes that are not visible from the Little River, thereby preserving the scenic views as required in the Resource Protection Area and the Comprehensive Plan.  Ms. Robie confirmed with Mr. McCullough that specific grading plans with specific housing envelopes will be available for those lots with steep slopes.

Mr. Grant directed that a sitewalk be scheduled.  [9:21 p.m.]


        Michael Parker MOVED and Mark Stelmack SECONDED a motion to waive the 10:00 o’clock rule.  Motion CARRIED, 5 ayes , 1 nay (Susan Robie) and (Douglas Boyce absent).  [9:22 p.m.]


        Michael Parker MOVED and Susan Robie SECONDED a motion to recuse Harold Grant from participation in the next item.  Motion CARRIED, 5 ayes (Harold Grant abstaining and Douglas Boyce absent).  [9:23 p.m.]

Mr. Neily assumed the Chair.

8.      PRE-APPLICATION CONFERENCE NO. 2: GRAVEL PIT PLAN AMENDMENT - “GORDON PIT” – 159 MIGHTY STREET – by GORDON SAND & GRAVEL, JACK GORDON - OWNER.  Discussion of a proposed plan for amendment for a gravel pit expansion.  Zoned R-SZ; M86/L11.

Jon Whitten, Sebago Technics, appeared on behalf of the applicant and described the proposal to expand the existing gravel pit to the total limits of the property, some 107 acres.  Mr. Whitten explained that no more than 10 acres will be opened at a time, along with appropriate reclamation, in accordance with DEP rules.  Mr. Whitten pointed out the piece of property which Mr. Gordon has recently purchased from Brian Leavitt, into which the project has been expanded for a gain of some 20 acres.  He said that the limits of excavation have been pushed back some 400 feet from the southerly border, abutting Dudley Road.  Mr. Whitten said that Mr. Gordon is working with the Code Enforcement Office to break out a house lot for his daughter.  He said that this is mostly a sand pit, and Mr. Gordon has had others operating the pit since 1989, with truck traffic entering Mighty Street and proceeding to the right out of the pit and going down to Route 114 exclusively, with that section of 114 sand sealed as part of the applicant’s earlier expansion approval in 1992.  Although the pit would be expanded, Mr. Whitten said that the operations will continue as they have been in the past.

Mr. Whitten indicated that an agreement between the Sanborns and Mr. Gordon has been reached to go within 10 feet of the Sanborn property, there will be a 75 foot buffer from the brook, 100 feet from the other side, and 100 feet from the road.  Mr. Whitten said they will ask for a waiver of the 100 foot requirement from a property line from the Smith property.

Mr. Shields made the staff comments, noting two items for discussion, one being improvements to Mighty Street.  He said that the roadway conditions of Mighty Street are currently being reviewed by the Public Works Director, who is assessing the improvements that might be required associated with the traffic going to and from this pit.  Mr. Shields reminded the Board that a section of Mighty Street from Route 114 about halfway the distance to the pit will be improved by a developer as part of his subdivision, and what is being reviewed by the Public Works Director is the last section of the road to the pit.  In addition, Mr. Shields referred the Board to correspondence of 2004 from the Code Enforcement Officer about previous conditions of approval placed on this pit which have not been complied with, most specifically the improvements to Mighty Street and Route 114.

Mr. Hughes suggested that another sitewalk would be appropriate in light of the proposed changes to the pit.  The rest of the Board concurred that another sitewalk should be scheduled.  Mr. Stelmack asked for clarification about the 1994 amendment and the current proposal.  Mr. Whitten replied that the current limitation is for 40 acres, and they wish to expand to approximately 107 acres.  Mr. Stelmack asked Mr. Whitten to have answers at the sitewalk to the questions raised by Mr. Rodney Quinn, abutter at 175 Mighty Street, in his letter of July 26, 2005, to the Planning Board.  Mr. Hughes referred to paragraph B in Mr. Quinn’s letter about phasing the operation in 10 acre segments, with each exhausted 10 acre segment to be reclaimed before new segments are opened.  Mr. Whitten confirmed that this comports to DEP requirements.  Ms. Fossum commented that this is consistent with the Town’s Code as well.  Mr. Whitten confirmed to Ms. Robie that there will be a phasing and reclamation plan provided with the applicant’s submission.

Ms. Robie asked for an explanation of the sentence in Mr. Quinn’s letter about “’Mixing material’ is to be brought into the pit t the rate of one third of the total product.”  Mr. Gordon explained that this phrase refers to back hauling of material into the gravel pit for recycling.  Mr. Shields said these materials are permitted up to a certain percentage of the material in the pit.

Mr. Stelmack asked about buffering of the houses on the bluff.  Mr. Whitten replied that there will be over 400 feet of natural buffer.  Ms. Robie asked that the 400 foot line be marked for the sitewalk.  

Mr. Neily commented that Mr. Gordon will need to rebuild part of Mighty Street, and staff should ask the Public Works Director for a description of what kind of road he wants and get a cost estimate as well  Mr. Neily also referred to comments in Mr. Quinn’s letter about the lack of supervision of trucks and equipment with the State requirement to cover the gravel loads in the trucks.

Mr. Whitten asked if the truck traffic should proceed one way on Mighty Street.  Mr. Neily replied that he would like to see the answer come from the Public Works Director.

PUBLIC COMMENT PERIOD OPENED:
Ms. Fossum read the following letter addressed to the Planning Board from Glovenia Rossetti, 203 Mighty Street, dated August 1, 2005, into the record as follows:

        “Dear Planning Board Members:
        I have concerns regarding the number of trucks that would be using the north end of Mighty Street should the Gordon Pit be expanded.  Speed is a big concern, with 13 new homes being developed on the north end of the street with approximately 2 cars per household.  With additional traffic and the possibility of children residing in these homes it would be unsafe for additional truck traffic.  Because of this increased truck traffic should be entering at one end of Mighty Street and exiting at the other.

        There is no one supervising the pit operation.  Trucks do not cover their loads leaving sand blowing on to the driveways, lawns and into the homes.  Trucks need to be monitored.  In additional to speed and uncovered loads, some (not all) drivers think the ‘Jake Brake’ needs to be used constantly.  The use of the Jake Brake should not be necessary.

        Thank you for considering these concerns before allowing the expansion of the Gordon Pit.”

Clinton “Charlie” Pearson, 43 Mighty Street, discussed the five truck traffic flow options considered in 1990, and pointed out the obvious reasons why it was decided that the truck traffic should enter and exit to the north of the pit on Mighty Street, saying that the same topographic characteristics and distances on Mighty Street apply today.  Mr. Pearson said that the traffic flow should continue to exit to the north.  

Felgar Nicely, 60 Mighty Street, saying that a northerly exit from the pit on Mighty Street is safer than existing to the south and there are more homes on the south end of Mighty Street.

Jill Henderson, 120 Mighty Street, also urged the Board to leave the traffic pattern as it is today.

Pam Nicely, 110 Mighty Street, spoke about keeping the traffic pattern as it is, saying that from the pit to the north end of Mighty Street is .6 of a mile with about 13 homes, while it is 1.6 miles to the south end with 33 homes.
PUBLIC COMMENT PERIOD CLOSED.  {10.09 p.m.]

Mr. Neily reminded staff that the Board is in agreement that a sitewalk should be scheduled.


Mr. Grant returned to the table.

9.      PRE-APPLICATION CONFERENCE:  SITE PLAN AMENDMENT – “VILLAGE MALL SHOPPING CENTER” – off 104-109 MAIN STREET – by ABBA INVESTMENT REALTY, LLC, KEVIN P. GAGNON, MEMBER.   Discussion of a proposed plan for a 4,500 +/- square foot building expansion and modifications to the façade of the Village Mall Shopping Center at 94 Main Street.  Zoned UC; M102/L144 & 146.

Kevin Gagnon introduced himself to the Board as the newest and sixth owner in the past ten years of the Village Mall Shopping Center, having purchased the complex in May of this year.  He explained that the retail portion of the property was built in 1960 and the office facility was built in 1965, with virtually no effort made to improve the property since those times.  Mr. Gagnon said the Mall has a bad reputation and tenants’ rents are below market.  He proposes both upgrading and improving the appearance of the shopping center, as well as building a two-story addition of approximately 3,200 square feet of office space and a new retail infill of the corridor between the office and retail space.  Mr. Gagnon said that one of the office tenants, whose lease is up for renewal in February, wants more space and will stay only if their space requirements can be met.  Mr. Gagnon discussed his proposed new construction and structural and architectural changes and additions.  He said the project would be in two phases, with the façade updating and expansion being phase 1 and phase 2 being an assessment of the parking and traffic circulation of the Mall.  He asked the Board to consider the use of a stucco-type finish on some of the faces of the buildings, and said he would provide samples for the Board’s review when the sitewalk is held.

Mr. Gagnon indicated he would like to establish continuity and criteria for the various signs used by the Mall’s tenants, and Mr. Neily suggested that it would be useful for Mr. Gagnon to sit down with the sign subcommittee.  The Board agreed to review the project in two phases so that Mr. Gagnon could perform the facade upgrades and new construction first.

Mr. Grant directed that a sitewalk be scheduled.  [10:45 p.m.]


10.     ADJOURNMENT

Michael Parker MOVED and Thomas Hughes SECONDED a motion to adjourn.  Motion CARRIED, 6 ayes (Douglas Boyce absent).  [10:46 p.m.]

Respectfully submitted,


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

3.      SITE PLAN APPLICATION – “652 MAIN” – 652 MAIN STREET – by FST REALTY, LLC, MICHAEL D. COOPER, MEMBER

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 start of construction;

3.      That the applicant shall satisfy all the Fire Departments requirements as outlined in their letter dated July 27, 2005;

4.      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;

5.      That prior to the commencement of any site improvements and/or earth-moving activities associated with the approved site plan, the applicant shall arrange for a pre-construction meeting with the selected Review Engineer, Portland Water District, 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;

6.      That the building spot lights will be put on a timer and turned off no later than 10:00 p.m. nightly;

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 date of written notice of approval by the Planning Board, 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 AMENDMENT - “COMMERCIAL CONDOMINIUMS” – off GORHAM INDUSTRIAL PARKWAY – by ATLANTIC HARDWOODS, INC.

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 all buildings shall meet all applicable sections of the 101 Life Safety Code;

5.      That the owner or occupant of each unit shall apply for and obtain a Certificate of Occupancy for the establishment of new uses of the individual spaces and shall submit the information required for the issuance of that Certificate, including but not limited to parking calculations for the new use, to the Code Enforcement Officer for review and approval;

6.      That when each condo unit is sold a detailed plan shall be submitted to the Fire Department describing the following information.

A.      A description of what the unit will be used for.
B.      A complete listing of any and all hazardous materials.
C.      A letter from a sprinkler engineer that the installed sprinkler system will meet the needs of the occupancy.
D.      A lock box shall be installed for each individually owned unit.
E.      That each condo unit should be assigned a separate address.
F.      A separate certificate of occupancy shall be given for each unit.

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, condominium plans and condominium documents 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 occupancy permits.
5.      SITE PLAN/SUBDIVISION PLAN AMENDMENT – “MORRILL PLACE CONDOMINIUMS” – off MORRILL AVENUE – by TOWN OF GORHAM.

Approved
Conditions of Approval

1.      That this approval is limited to the specific amendment 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.      All other applicable conditions of approval attached to the subdivision approval of the Morrill Place Condominiums, except condition #8, shall remain in full force and effect; and

3.      That these conditions of approval shall be recorded at the Cumberland County Registry of Deeds within thirty (30) days of the Planning Board’s approval of the amendment.