Town of Gorham
PLANNING BOARD WORKSHOP NOTES
SEPTEMBER 13, 2010
A workshop meeting of the Gorham Planning Board was held on Monday, September 13, 2010, at 6:00 p.m. in the Municipal Center Council Chambers, 75 South Street, Gorham, Maine.
M. White called the roll, noting that in attendance were Edward Zelmanow, Chairman, Lauren Carrier, Thomas Fickett, George Fox, Christopher Hickey, Thomas Hughes and Andrew McCullough. Also present were Town Planner Thomas Poirier, Zoning Administrator Sandra Mowery, and Planning Department Administrative Assistant Carol White. Planning Board Clerk Barbara Skinner was absent.
REVIEW AUGUST 2, 2010 WORKSHOP NOTES
There were no comments or corrections to the workshop notes of August 2, 2010.
CHAIRMAN’S REPORT - No report.
Mr. Poirier said that this item is included in the workshop as a preview to the public hearing scheduled at the regular meeting later. If there are no comments or questions, the Board can proceed to the next item on the workshop agenda.
1. Proposed Amendments to the Gorham Land Use and Development Code relating to Fraternity Housing.
CHAPTER I: ZONING REGULATIONS, SECTION V – DEFINITIONS: Add new definitions
CHAPTER I: ZONING REGULATIONS: Changes to PERMITTED USES and SPECIAL EXCEPTIONS in all districts relating to fraternal organizations and fraternity housing.
Mr. Zelmanow noted that the Board does not have the final authority on zoning changes, and ultimately it is the Town Council’s responsibility to make those decisions should they decide that it is the direction in which they wish to go. The Board’s final vote after the public hearing will be to either recommend approval to the Council of the proposed changes or not to recommend approval.
PUBLIC COMMENT PERIOD OPENED: Bruce Roullard, 46 School Street, Sigma Nu Fraternity alumnus, which fraternity occupies the property at 24 School Street. Mr. Poirier explained the purpose of the ordinance amendment to define fraternal organizations and separate out fraternities and to prohibit fraternities in all zoning districts in the Town of Gorham. Mr. Roullard has served on the board which manages the 24 School Street property since the mid 1980s, feels the property is safe with appropriate fire alarm and security systems which are annually inspected as required; and said that 24 School Street provides an affordable, alternative means for housing of USM students, with rents at least 25% less than the lowest campus rate. He said many students would not be able to attend the University
were it not for the reduced rents provided by 24 School Street. He said that if there are behavior issues relating to fraternity houses there are other methods of dealing with them, such as via the national organizations.. He would like to see the Town adopt standards of behavior for all residents of Gorham, including fraternities, sororities, rooming and boarding houses. Many of the problems relating to fraternity houses come from other students coming and going, not just those living at the fraternity houses. He said that eliminating fraternities and sororities will not eliminate noise issues in the Town of Gorham.
Staff suggested that Mr. Roullard reserve his comments for the public hearing later this evening at the Board’s regular meeting when more of the public might be present to hear them.
Mr. Hughes and Mr. Roullard discussed the role played by the national headquarters as well as the University of Southern Maine as to local chapters’ standards of behavior.
Mr. Zelmanow commented that the proposed language could not be enforced against a homeowner who happens to be renting out to members of a fraternity or sorority.
2. Proposed Amendments to the Gorham Land Use and Development Code relating to Parking for Bed and Breakfast Establishments with and without public dining.
CHAPTER II – GENERAL STANDARDS OF PERFORMANCE, SECTION II – PARKING, LOADING AND TRAFFIC; A. OFF-STREET PARKING STANDARDS: changes to #10
CHAPTER II – GENERAL STANDARDS OF PERFORMANCE, SECTION VIII – BED AND BREAKFAST FACILITIES, (INCLUSIVE OF BED AND BREAKFAST ESTABLISHMENT WITH AND WITHOUT PUBLIC DINING FACILITIES, AND INNS), addition of #3, followed by numbering changes, additions to new #6 and changes to #9.
Sandra Mowery, Zoning Administrator, told the Board that she and the Town Planner met with the Council’s Ordinance Committee to discuss this issue. Mr. Zelmanow asked why this proposed change is being limited to bed and breakfast establishments and are there not any other commercial uses that could benefit from the change. Ms. Mowery said that this relates to the Town’s Historic District and maintaining its character, and that there are concerns in this economic climate that the large houses in the District need something other than single-family occupancy to keep them surviving. Some of these houses are converted to bed and breakfast establishments or apartments to remain viable, so the ordinance change in 2005 was to permit public dining as an accessory use to bed and breakfast
establishments. Ms. Mowery referred to a project that has been under review for almost 9 months where the parking requirements of that ordinance cannot be met, so the Council wants to allow the paved areas that exist today to be used as commercial uses. No new parking will be added for the purpose of commercial usage from this day forward.
Mr. Zelmanow commented that this is an open and closed type amendment, that if you meet it today, you are alright, but if you don’t you are out of luck, so no future bed and breakfast cannot park in the front setback. Ms. Mowery replied that if a property is purchased with the intent of converting it into a bed and breakfast, then parking cannot be created in the front setback. Mr. Poirier confirmed that a “bed and breakfast establishment” is a commercial use. Mr. Hughes commented that the proposed language is too specific to one type of operation and he is not in favor of the proposal. Mr. Hickey asked for clarification on what in the proposed language prohibits future bed and breakfast establishment use from having front setback parking. Mr. Zelmanow replied that no
other bed and breakfast establishment in the future could use its front setback for parking. Ms. Mowery asked the Board to consider that a private citizen is allowed to put a paved in the front of his property and park cars there, under this area it must remain as a private area for residential use. Mr. Poirier noted that the Code Office does not issue permits for residential parking in the front yard setback; the only way to track that is through aerial photographs.
3. Proposed Amendments to Gorham Land Use and Development Code relating to Small Wind Energy System.
CHAPTER II – GENERAL STANDARDS OF PERFORMANCE
Mr. Poirier said that the proposed language before the Board was drafted at the last meeting the last Board ordinance subcommittee on August 23, 2010. The workshop highlights changes that will happen under Administrative Review when a proposed small wind energy system comes in for staff review.
Mr. Zelmanow indicated that he had some minor changes which Mr. Poirier will incorporate into the proposed language. Ms. Carrier asked if a bond can be requested under Section 11.3 if a system is abandoned. Mr. Poirier replied that a residential system would not be tracked, and that typically staff will not know that the system is no longer in use. In response to Mr. Zelmanow, Mr. Poirier said he believes that the Town has the ability to lien a property to recover the costs of removing an abandoned system. It was suggested that a provision be added to Section 11.3 after receiving a response or in the absence of a response that the Code Enforcement Officer can move forward with removing the small wind energy system and add a new Section 11.4 giving the Code Enforcement Officer the ability to
lien the property or acquire the funds to remove it.
Mr. Hickey confirmed that the minor lot size requirement has been removed, based on the setbacks determining whether or not an installation could be done. Mr. Poirier noted that the height tower maximum of 150 feet to the turbine has been scaled down to 100 feet. Mr. Fox questioned the maximum generating capacity which appears to be well above residential sizing. Mr. Zelmanow replied that that this limitation of 100 kW is used as sufficient for almost all residences and for most commercial uses. Mr. Poirier said that the definition can pertain to multiple wind energy systems as well.
The Board concurred that this ordinance can be placed on the October agenda for public hearing.
The workshop adjourned at 6:40 p.m. to proceed to the regularly scheduled meeting.
Respectfully submitted,
_______________________________
Barbara C. Skinner, Clerk of the Board
__________________________, 2010
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