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10/04/2010 Planning Board Meeting Minutes
Town of Gorham
October 4, 2010
PLANNING BOARD MINUTES


LOCATION: Municipal Center Council Chambers, 75 South Street, Gorham, Maine

Members Present:                                        Staff Present:  
EDWARD ZELMANOW, Chairman               THOMAS POIRIER, Town Planner
THOMAS HUGHES                                   BARBARA SKINNER, Clerk of the Board
LAUREN CARRIER
THOMAS FICKETT  
GEORGE FOX                              
CHRISTOPHER HICKEY                      
ANDREW MCCULLOUGH                       

Edward Zelmanow, Chairman, called the meeting to order at 7:00 p.m..  The Clerk called the roll, noting that all members were present.

APPROVAL OF THE SEPTEMBER 13, 2010 MINUTES

        Thomas  Fickett MOVED and Thomas Hughes SECONDED a motion to approve the minutes of September 13, 2010 as written and           distributed.
        Discussion:  Mr. Fickett noted a correction to be made to the motion for adjournment wherein Thomas Hughes was noted as absent.
        Motion to approve the September 13, 2010 minutes as amended.  Motion CARRIED, 7 ayes.  [7:03 p.m.]


COMMITTEE REPORTS

A.              Ordinance Review Committee – Mr. McCullough stated there was no report.

B.              Streets and Ways Subcommittee – Mr. Hughes stated that this subcommittee has not met.   


ADMINISTRATIVE REVIEW REPORT

Mr. Poirier reported that the only application currently before the Site Plan Review Committee is that for PATCO, 29 Sanford Drive.  Staff comments have been forwarded to the applicant’s engineer, Shawn Frank of Sebago Technics, and it is anticipated that those comments will be addressed within the week.

In response to Mr. Hickey, Mr. Poirier said that the sewer study has been completed and staff is currently working on a memo to the applicant for the Sawyer Estates project, Chase Custom Homes, regarding low pressure and gravity sewers in the area.  

ITEM 1: CONSENT AGENDA
Subdivision Amendment: Gorham Industrial Park by Grondin Aggregates, LLC.
A request for a subdivision amendment of the approved Gorham Industrial Park Commercial Subdivision, to revise the shared boundary of lots F-1 and D located at Eastern Drive. The parcel is situated on Map 12 Lots 23.004 and 23.005 in the Industrial (I) district.

There was no one from the Planning Board or the public who wished to remove the item from the Consent Agenda.  Mr. Poirier stated that the applicant has been provided with the Conditions of Approval.

FINDINGS OF FACT

NOW THEREFORE, based on the entire record before the Board and Pursuant to the applicable standards set out in the Land Use and Development Code, the Board finds that the application meets the requirements of CHAPTER I, ZONING REGULATIONS – Section XII – Industrial District, and based on these Findings determines that the proposed project will have no significant detrimental impact, and the Gorham Planning Board hereby votes to grant approval of the Ninth Subdivision Amendment to the Gorham Industrial Park Commercial Subdivision, located at Eastern Drive, Map 12, Lots 23.004 and 23.005 to Grondin Aggregates, LLC, to revise the shared boundary of Lots F-1 and D.

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 shall provide property line information and site information in auto-cad format to the Town of Gorham Town Planner;
  • That all relevant conditions of approval attached to prior subdivision amendments and the original subdivision approvals shall remain in effect;
  • That the Planning Board Chairman is authorized by the Planning Board to sign the Findings of Fact on behalf of the entire Board; and
5.   That these conditions of approval must be added to the subdivision plan and the subdivision 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 mylar copy of the recorded subdivision plan shall be returned to the Town Planner.

Lauren Carrier MOVED and Thomas Fickett SECONDED a motion to approve the item on the Consent Agenda with the conditions of approval as posted prior to the meeting and provided to the applicant.  Motion CARRIED, 7 ayes.  [7:06 p.m.]


ITEM 2: PUBLIC HEARING
Amendments to the Gorham Land Use & Development Code relating to Small Wind Energy Systems
CHAPTER II – GENERAL STANDARDS OF PERFORMANCE, Section XII – Small Wind
Energy Systems; CHAPTER IV – SITE PLAN REVIEW, Section C. – Submission Requirements.

Mr. Poirier said that the Board has been working on an ordinance to regulate small wind energy systems, which are typically tied to a residential dwelling or commercial, and are not the large wind energy systems such as are seen on the mountaintops in western Maine.  The Board will consider this evening Version A, the language supplied initially by the Town Council, and Version B, the language proposed by the Planning Board’s Ordinance Subcommittee.  Mr. Poirier suggested that the Public Hearing be opened in order to capture any suggestions from the public, and if there are substantial changes that the Board wishes to have made to the proposed language, he recommended that the Public Hearing be continued to next month in order to incorporate any changes.

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

Mr. Hughes said that he believes that Version B adopts the changes discussed at the Board’s Ordinance Subcommittee meeting.  Mr. Hickey proposed the following changes:

        Page 2, Section 6.5, Rotor Diameter, b.  “Vertical Axis Small Wind Energy Systems:  The cross sectional
        diametrical dimension of the circle swept…”

The numbering in Section 9 is to be corrected.

        Page 3, Section 9.2, Setbacks, b.  Delete “s” after “diameter.”

        Page 3, Section 9.2, Setbacks, d. “Guy cables must have guy guards/markers within a minimum height of 8 feet as measured along the guy.”

        Page 5, Section 10.2.  “Met towers are permitted as a temporary use to remain installed for no more than 3 4 years following permit approval.

The Board discussed whether the possible maximum turbine height of 100 feet is adequate; the mast would never be 100 feet as the measurement is from ground to the tip of the highest rotor.  As the ordinance is currently written, 100 feet is the maximum.  Mr. Hickey commented that as a matter of scale, the allowed 100 kW turbine which in all likelihood would be significantly higher.  Mr. Poirier said that staff will research what neighboring municipalities permit.  

        Christopher Hickey MOVED and Lauren Carrier SECONDED a motion to postpone the public hearing to the next meeting of the
       Planning Board on November 1, 2010.  Motion CARRIED, 7 ayes.  [7:24 p.m.]

ITEM 3: PUBLIC HEARING
Final Review Of Gravel Pit Amendment – Parson’s Pit Amendment by R.J. Grondin & Sons, Inc.
A proposal to split an 8.78 acre parcel of land located in the northeast corner of Parson’s Pit for a residential dwelling off the Parson’s Pit Expansion at Farrington Road, located on Map 62, Lots 1, 10, 18, 19, and 20 and Map 79, Lot 4, situated in the Rural (R) zoning district.

Mr. Poirier described the project, saying that this is the first time this application is before the Board.  He called the Board’s attention to the fact that the applicant has submitted revised deed restrictions which the Town Attorney has approved.  

It becoming apparent that since the staff notes received by the Board had some missing pages, the discussion on this item was postponed to after this evening’s break in order to allow copies to be made of the complete staff notes. [7:26 p.m.]

ITEM 4: ADMINISTRATIVE REVIEW
Mallison Falls Recreation Facility by S.D. Warren Co. -A proposal to construct 11 gravel parking spaces and gravel paths for use as a canoe and kayak access and portage around the Mallison Street hydroelectric dam at the intersection of Mallison and Canal Streets. Map 110/Lots 77 & 31.001, Urban Residential-Manufactured Housing District, Shoreland Overlay District, and Resource Protection Sub-District.

Mr. Poirier noted that while the application is Administrative Review, the Planning Board is required to review it due to Shoreland zoning restrictions.  Since the last meeting, the applicant has submitted revised plans for the Board to review and staff has amended the staff notes to reflect the changes made by the applicant.  As a result of the last Board meeting, there is an additional abutter comment which is located in the staff notes; the Chairman should read that comment into the record.

Christopher McDonald, HDR/DTA, the applicant’s engineer, gave an overview of the project, noting the following changes which have been made to the plans since the Board last saw the project:  the portage route along Canal Street has been removed; portage signage has been removed, with the exception of directing portage to parking areas; the parking area at the corner of Mallison and Canal has been relocated so that it is outside the 50 foot Shoreland Zone area; lights will be added to both parking areas; and the gravel trail from the southern edge of the parking area to Canal Street has been removed.  With the relocation of the parking area at the corner of Mallison and Canal, additional wetland impacts have been created, so a Minor Revision Application has been submitted to DEP.  In addition, Mr. McDonald said that bollards are proposed around the utility pole at the powerhouse parking area and it may be necessary to relocate the guy wire as well.   

Mr. Poirier confirmed to Mr. Zelmanow that the proposed signage is proper.  Mr. Poirier explained the Code Enforcement Officer’s concern about a straight path to Mr. Hickey, saying that paths in a shoreland zoning area need to meander, so as not to create a direct path for water to run directly and build up sedimentation which could be deposited into a water body.  It was established that the downstream area path will be grassed and the upstream path will be graveled.  

Mr. Zelmanow read the most current abutter comment into the record as follows:

        From:           Dave Harradon
        To:             Tom Poirier
        Date:           September 14, 2010
        “I’m not interested in having a light on the property of Mallison St and Canal St. One point that was not talked about last night is How do people park on Mallison street for 15 minutes in front a fire hirein [sic]. I always thought you can’t park in front of a fire hiderine [sic].  What would the fire cheif [sic] say about that issue.
        Dave harradon
        32 Mallison Street”

Mr. McDonald told Mr. Hughes that should the utility pole in the power dam area be removed, it would not allow for any additional parking but would permit better circulation within the parking area.  Ms. Carrier confirmed with Mr. Poirier that the Fire Chief has no further issues with the proposed plan since the portage route down Canal Street has been removed from the plans.  Mr. McDonald said that the proposed lighting for the parking areas will be above ground.  

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

NOW THEREFORE, based on the entire record before the Board and Pursuant to the applicable standards set out in the Land Use and Development Code, the Board makes the following factual findings:

FINDINGS OF FACT

Chapter IV, SITE PLAN REVIEW, Section IX, Approval Criteria and Standards –

A.      Utilization of the Site _ The plan for the development will reflect the natural capabilities of the site to support development.  
        The proposed plan to locate two gravel parking lots and the associated pedestrian improvements for access to the Presumpscot River reflects             the capabilities of the site to support the development.  

B.      Access to the Site _ Vehicular access to the site will be on roads which have adequate capacity to accommodate the additional traffic generated         by the development.  
        Access to the site is via Mallison Street and Canal Street.  Mallison and Canal Streets have adequate capacity to accommodate the additional            traffic generated by the proposed development.

C.      Access into the Site _ Vehicular access into the development will provide for safe and convenient access.
        The proposal is to add one additional driveway into a new gravel parking lot off Mallison Street and upgrade an existing gravel driveway on             Canal Street which serves the existing dam powerhouse.
        The driveway serving the proposed gravel parking lot will be 18’ wide with a 30’ long paved apron commencing at the paved edge of Mallison      Street.  The driveway and parking lot on Mallison Street have been relocated to meet the minimum requirement of 50 feet.
        Discussion:  Due to the relocation of the driveway and lot, the new wetland impact is 900 square feet, an increase from the original impact             amount of 450 square feet.  The Board concurred that a Condition of Approval will be crafted to deal with this issue “That the applicant shall  submit Maine DEP permit amendment approval prior to the preconstruction meeting.”
        The existing driveway on Canal Street will be upgraded to have a 30’ long paved apron commencing at the edge of Canal Street.
        A paved turn-off area is planned on the north side of Mallison Street to allow for temporary loading and unloading of carry-in boats, i.e. canoes       and kayaks.

D.      Internal Vehicular Circulation _ The layout of the site will provide for the safe movement of passenger, service and emergency vehicles                 through the site.
        The layout of the proposed parking areas and access driveways provides  for the safe movement of passenger vehicles through the site.  

E.      Pedestrian Circulation _ The development plan will provide for a system of pedestrian circulation within and to the development.
        Discussion:  The Board agreed that the composition of the upstream and downstream paths be specifically stated in this Finding.  There was              discussion also of the need for signage to indicate the pedestrian crossing, which the applicant proposes to install.
        The proposal is to create a carry-in boat (i.e. canoe and kayaks) and fishing access both upstream and downstream of the Mallison Street Dam.    Pedestrian access to the Presumpscot River will be via a gravel walking path for the upstream access  and a grassed walking path for the               downstream access.  A painted crosswalk will be located at Mallison Street to allow pedestrians to cross Mallison Street.

F.      Storm water Management _ Adequate provisions will be made for the disposal of all storm water collected on streets, parking areas, roofs or     other impervious surfaces through a storm water drainage system and maintenance plan which will not have adverse impacts on abutting or                 downstream properties:
        The applicant is proposing to install an 18” culvert which will outfall where the existing 4” culvert outfall is located.  The existing 4” culvert              will be removed as part of the parking lot improvements.  The outfall will a rip rap apron to diffuse stormwater and prevent sedimentation from         entering the Presumpscot River.
        
G.      Erosion Control _ For all projects, building and site designs and roadway layouts will fit and utilize existing topography and desirable natural        surroundings to the fullest extent possible.
        Proposed Layout:   Sheet 2 of 4 shows the locations of erosion control devices on the site plan.
        Erosion Control:  Sheet 3 of 4 also provides written and specific details for how to properly install each type of erosion control device utilized              on the site.  

H.      Water Supply _ The development will be provided with a system of water supply that provides each use with an adequate supply of water           meeting the standards of the State of Maine for drinking water.
        No water supply is proposed as part of the development.  No water supply is required for the proposed use.

I.      Sewage Disposal _ A sanitary sewer system will be installed at the expense of the developer if the project is located within a sewer service            area as identified by the sewer user ordinance.  The Site Plan Review Committee or Planning Board may allow individual subsurface waste                 disposal systems to be used where sewer service is not available.
        No sewage disposal system is proposed as part of the development.  No sewage system is required for the proposed use.

J.      Utilities _ The development will be provided with electrical and telephone service adequate to meet the anticipated use of the project.
        Above-ground power will be run to both parking lot light poles.  The utilities proposed are adequate to meet the anticipated use of the project.

K.      Natural Features _ The landscape will be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and                compaction of soil, and by retaining existing vegetation insofar as practical during construction.
        The applicant is proposing to limit the amount of wetland disturbance to the greatest extent practical.  A majority of the area to be disturbed for             the parking lot has been overgrown with Japanese knotweed with little to no natural vegetation remaining.
        Discussion:  A new condition of approval to deal with additional wetland impact is added as follows:  “That the applicant               shall submit Maine DEP permit amendment approval prior to the preconstruction meeting.”

L.      Groundwater Protection _ The proposed site development and use will not adversely impact either the quality or quantity of groundwater          available to abutting properties or public water supply systems.  
        The proposed construction and use activities will not adversely impact either the quality or quantity of the groundwater available to abutting          properties or the public water supply system.

M.      Exterior Lighting _ The proposed development will provide for adequate exterior lighting to provide for the safe use of the development in              nighttime hours.
        The applicant is proposing to install a single full cut-off light fixture at each of the proposed parking lot locations to provide for adequate                 exterior lighting.  The proposed lighting is for safety purposes only and there will be no nighttime hour usage of the facility.

O.      Waste Disposal _ The proposed development will provide for adequate disposal of solid wastes and hazardous wastes.
        People utilizing the parking lot and portage area will be required to carry in and carry out any trash.  Signage will be installed on the site to               indicate that the area is  a carry-in/carry-out waste recreational facility.  There will no be garbage receptacles provided.  Sheet C2 of the plans             discusses maintenance of the site by S.D. Warren.

P.      Landscaping _ The development plan will provide for landscaping to define street edges, break up parking areas, soften the appearance of the    development and protect abutting properties from adverse impacts of the development.
        The applicant is not proposing any landscaping for the site due to the fact that a majority of the site contains Japanese knotweed, which is a          green leafy invasive plant capable of growing 10 feet in height.  Any proposed landscaping onsite would be quickly overtaken and stifled by the                 invasive plant.

Q.      Shoreland Relationship _ The development will not adversely affect the water quality or shoreline of any adjacent water body.  The              development plan will provide for access to abutting navigable water bodies for the use of occupants of the development.
        Map 110/Lots 77 and 31.001 are located in both the Shoreland Overlay District and the Resource Protection Sub-district.  The development will   not adversely affect the water quality along the Presumpscot River and will also provide angler and recreational access to the Presumpscot              River.

R.      Technical and Financial Capacity.  The applicant has demonstrated that he has the financial and technical capacity to carry out the project             in accordance with this Code and the approved plan.
        The applicant has demonstrated that it has the financial and technical capacity to complete the project.
        The applicant is required to establish a performance guarantee equaling 125% of the costs to complete the project.

S.      Buffering _ The development will provide for the buffering of adjacent uses where there is a transition from one type of use to another use             and to screen service and storage areas.  The buffer areas required by the district regulations will be improved and maintained.
        The existing Japanese knotweed located on site will be utilized as buffering to the abutting residential property.

T.      Noise – The applicant has demonstrated that the development will comply with the noise regulations listed in Table 1, Sound Level Limits,               and the associated ordinances.
          The proposed use will not generate noise in excess of the noise regulations listed in Table 1 – Sound Level Limits.

NOW THEREFORE on the 4th day of October, 2010, the Gorham Planning Board adopts each of the foregoing Findings of Fact and based on these Findings determines the proposed project will have no significant detrimental impact, and the Gorham Planning Board hereby votes to grant approval of a Administrative Review/Site Plan to S.D. Warren Co. to construct 11 gravel parking spaces and gravel paths for use as a canoe and kayak access and portage around the Mallison Street hydroelectric dam at the intersection of Mallison and Canal Streets, located on Map110, Lots 77 and 31.001, and situated in the Urban Residential-Manufactured Housing District (UR-MH), Shoreland Overlay District, and Resource Protection Sub-District..  

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 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 Town Planner may approve;

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

3.      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;

4.      That prior to start of construction, the applicant must provide an estimated cost for the proposed site improvements and establish a                    performance guarantee equaling 125% of the project costs meeting the approval of Town Staff and the Town Attorney;

5.      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, latest edition; and

6.      That prior to the commencement of any site improvements and/or earth-moving activities, representatives of the developer, general contractor,   and the site design engineer shall arrange for a pre-construction meeting with the Town Planner and other staff members to review the                   proposed commencement date of the project, the overall schedule of improvements, conditions of approval, and site plan requirements;

7.      That the applicant shall submit Maine DEP permit amendment approval prior to the preconstruction meeting;

8.      That the Planning Board Chairman is authorized by the Planning Board to sign the Findings of Fact on behalf of the entire Board; and

9.      That these conditions of approval must be added to the site plan and the site plan 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 mylar copy of the recorded site              plan shall be returned to the Town Planner prior to the pre-construction meeting.

    Christopher Hickey MOVED and Thomas Hughes SECONDED a motion that the applicant has met the approval criteria and standards and to grant final approval of S.D. Warren Company’s request for administrative plan approval to construct two gravel parking lots, a single upstream gravel pedestrian path and a single downstream grass pedestrian path for recreational access use both upstream and downstream of the Mallison Street hydroelectric dam, located on Map 110/Lots 77 and 31.001, situated in the Urban Residential-Manufactured Housing District, Shoreland Overlay District, and Resource Protection Sub-District, with conditions of approval as posted prior to the meeting, discussed with the applicant and modified here tonight.  Motion CARRIED, 7 ayes.  [8:01 p.m.]


Fifteen Minute Break to 8:15 p.m.


ITEM 3: PUBLIC HEARING
Final Review Of Gravel Pit Amendment – Parson’s Pit Amendment by R.J. Grondin & Sons, Inc.
A proposal to split an 8.78 acre parcel of land located in the northeast corner of Parson’s Pit for
a residential dwelling off the Parson’s Pit Expansion at Farrington Road, located on Map 62, Lots 1,
10, 18, 19, and 20 and Map 79, Lot 4 situated in the Rural (R) zoning district.

Mr. Poirier described the project, saying that this is the first time this application is before the Board.  He called the Board’s attention to the fact that the applicant has submitted revised deed restrictions which the Town Attorney has approved.  Mr. Poirier asked if the Board wished to have a site walk scheduled.

James Lowery, Sebago Technics, introduced Robert Grondin, the applicant, and described the application, which is  to create a separate lot in the northeast corner of Parson’s Pit to be used for residential purposes.  The proposed  lot has approximately 700 feet of frontage on Farrington Road.  The revised deed restriction that the Town Attorney has approved is a 10-foot buffer reduction agreement required by the ordinance.  Mr. Lowery said the proposed lot will no longer be part of the wetland mitigation/preservation area approved in 2008, but because of the sensitive nature of the bog, the original proposed buffering will remain in place.

Mr. Hughes and Mr. Lowery discussed the 3:1 slope and the proposed location of the residence.  In response to Mr. Zelmanow, Mr. Lowery said that water and sewer will both be private.  Mr. Hickey and Mr. Lowery discussed the proposed mitigation which will take place as extraction ceases.  Mr. McCullough confirmed with Mr. Lowery that access will be off Farrington Road.  Mr. Fox noted that due to the ownership circumstances, he believed that there is no need for additional vegetative screening; the rest of the Board concurred.

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

The Board concurred that no site walk for this application is necessary.

NOW THEREFORE, based on the entire record before the Board and Pursuant to the applicable standards set out in the Land Use and Development Code, the Board makes the following factual findings:

FINDINGS OF FACT

Chapter II, Section I – ENVIRONMENTAL, C. MINERAL EXPLORATION, EXCAVATION AND GRAVEL PITS

5)      Operational Requirements for New and Existing Pits  

a)      A buffer strip of 100’ from all pubic rights of way and 200’ from all other boundaries of the property is required except in the instance of a waiver as provided in this section.  The Planning Board ma require the applicant to provide screening, berm or a combination to protect abutting residential properties from dust, noise, and unsightly appearance.  Natural vegetation shall be retained within the buffer area, except as recommended by a professional forester and approved by the Planning Board.  No excavation is permitted within the buffer strip and slopes of the side of the gravel pit shall be no more than 3:1.
        No further excavation is proposed within the 10’ buffer area.  The propose side slopes of the gravel pit are no more than 3:1.  No additional landscaping is warranted within the proposed 10’ buffer area.

        New and Existing excavations may apply for a waiver of the 200’ buffer strip n any of the instances described below, and the Board shall grant such waiver in the case of

(1)     Two abutting working gravel pits where the Planning Board may waiver the requirement for any buffer
        Not applicable.
(2)     Where the pit abuts unbuildable land of a public utility provided the excavation remains at least 100’ from the far side of the public utility’s property line, and in no case shall the pit be any closer than 10’ from the public utility’s property lie.
        Not applicable.
(3)     Where all adjacent property owners within the area of reduced buffer agree to a lesser distance.  Any such agreed reduction to not less than 10’ will be consistent with section 1 of the ordinance.  The buffer strip may be reduced upon recording of reciprocal deeds by all abutting property owners agreeing to the reduced buffer.  If the abutting property owner also agrees that the noise limits will not apply to the shared property line or that the noise limits may exceed an amount in writing, the agreement concerning the noise levels shall also be included in the reciprocal deeds.
        The applicant is required to record reciprocal deeds agreeing to the reduced 10’ buffer.
(4)     The applicant may apply to reduce the buffer from 200’ to not less than 100’, which reduction the Planning Board shall grant, provided the applicant demonstrates:
(a)     Noise generated at the site, including within the reduced setback area may not exceed the noise requirements under Chapter IV, Section IX, T.
(b)     The applicant provides a satisfactory plan to control the dust from the mining operation.
(c)     The applicant has provided a satisfactory plan to visually screen the mining operation from properties adjacent to the reduced buffer.
The applicant is not proposing to reduce any 200’ buffers to 100’.

NOW THEREFORE on the 4th day of October, 2010, the Gorham Planning Board adopts each of the foregoing Findings of Fact and based on these Findings determines the proposed project will have no
significant detrimental impact, and the Gorham Planning Board hereby votes to grant approval of a Gravel Pit Amendment to the Parson’s Pit Expansion to R.J. Grondin & Sons, Inc., to split an 8.78 acre parcel of land located in the northeast corner of the Parson’s Pit Expansion from the Parson’s Pit Expansion located off Farrington Road, at Map 62, Lots 1, 10, 18, 19 and 20 and Map 79, Lot 4, in the Rural zoning district.

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 Town Planner may approve;
  • That prior to the commencement of construction, the applicant is responsible for obtaining all required local, state and federal permits;
  • That the applicant shall submit a recorded copy of the reciprocal deed for the newly created residential lot meeting the approvals of Town Staff and the Town Attorney prior to the Planning Board’s endorsement of the final plan;
  • That the applicant shall provide property line information and site information in auto-cad format to the Town Planner prior to issuance of the building permit for the newly created residential parcel;
  • That all other applicable conditions of approval attached to prior gravel pit approvals shall remain fully in effect;
  • That the Planning Board Chairman is authorized by the Planning Board to sign the Findings of Fact on behalf of the entire Board; and
  • That these conditions of approval must be added to the site plan and the site plan 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 mylar copy of the recorded site plan shall be returned to the Town Planner prior to the pre-construction meeting.
Thomas Hughes MOVED and Thomas Fickett SECONDED a motion to grant approval of R.J. Grondin & Sons, Inc.’s  request for gravel pit amendment to split an 8.78 acre parcel of land for a residential dwelling off the Parson’s Pit Expansion at Farrington Road, located on Map 62, Lots 1, 10, 18, 19 and 20 and Map 79, Lot 4, situated in the Rural (R) zoning district with conditions of approval as posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [8:30 p.m.]

ITEM 5: SUBDIVISION PLAN –– FINAL SUBDIVISION APPROVAL: Stonefield Phase III by
Gilbert Homes, Inc.  A proposal to construct a 12 lot subdivision identified as Stonefield Phase III on 24.54 acres, Map 50, Lot 6, Rural zoning district, with a 1,500 foot road.

Mr. Poirier noted that the applicant has re-submitted revised plans and the staff notes reflect those revisions.  He recommended that the Board review the subdivision approval criteria to determine that the applicant has met the appropriate standards.

Mr. Zelmanow noted that as of the last meeting, items remaining for final approval were the DEP Site Location of Development Permit, the homeowners’ association documents and easement deeds for review, and a statement from the Portland Water District.  Mr. Poirier confirmed that all three items have been timely provided.

Bill Thompson, BH2M Engineers, said that the amended DEP Site Location of Development has been received, the clarified offer of cession has been provided, per the Town Attorney’s request, and other minor changes have been made as well.  Additionally, the Fire Chief’s request to move a hydrant out to the end  of Harding Bridge Road has been made.  

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

NOW THEREFORE, based on the entire record before the Board and pursuant to the applicable standards set out in the Land Use and Development Code of the Town of Gorham, the Board makes the following factual finds.

FINDINGS OF FACT

CHAPTER III, SUBDIVISION, SECTION III  - PRELIMINARY PLAN

C. PRELIMINARY PLAN REVIEW

2)      The Planning Board shall include in its review the following general and specific requirements that the development as proposed for approval:
a)      Shall be in conformance with the Comprehensive Plan of the Town, and with all pertinent State and local codes and ordinances, including the Performance Standards related to specific types of development which are stipulated in Chapter II.
        The applicant has received Department of Environmental Protection approval for an amendment to the Site Location of Development Permit, Permit #: L-20586-L3-D-A
        The proposed residential subdivision is in conformance with the Comprehensive Plan of the Town of Gorham, and all pertinent State and local codes and ordinances.
b)              Will not cause congestion or unsafe conditions with respect to use of the highways or public roads, existing or proposed on or off the site.
        Ichabod Lane Extension has been designed to meet or exceed the Town’s rural sub-collector road standard.  Ichabod Lane Extension will be a private way, until such time, if ever, the Town of Gorham accepts it as a public road.
        The proposed residential subdivision will not cause congestion or unsafe conditions with respect to use of the public roads existing or proposed.
c)              Will not place an unreasonable burden by either direct cause or subsequent effect on the availability of the Town to provide municipal services including utilities, waste removal, adequate roads, fire and police protection, school facilities and transportation, recreational facilities, and others.
        The cost of the hydrants and installation shall be the developer’s responsibility.  The hydrants will remain private hydrants until such time as the roadway is accepted by the Town.
        Stonefield III Homeowners’ Association will be responsible for maintenance of all stormwater drainage and roadway maintenance until such time, if ever, the Town of Gorham accepts Ichabod Lane.  The Town will only consider taking over the Ichabod Lane right of way inspection and maintenance responsibilities, beyond the right of way will remain the responsibility of the Homeowners’ Association.
        The proposed residential subdivision will not place an unreasonable burden on the ability of the Town to provide municipal services.
d)              Has sufficient water supply available for present and future needs as reasonably foreseeable.
        Subdivision lots will be served by public water from the Portland Water District.  Water will be supplied through an 8” proposed water line built to the Portland Water District Standards.
        The applicant has provided a Portland Water District letter dated August 20, 2010, from Rico Spugnardi, P.E., to William Thompson granting approval of the water main design pending a couple of minor revisions.  The minor revisions required are:
        Portland Water District will need an Easement Modification Agreement for the drainage crossing of the 42” right-of-way.
        A gravel shoulder should be used at all hydrants, including the hydrant at Sta. 13+85.
e       )       Will provide for adequate solid and sewage waste disposal for present and future needs as reasonably foreseeable.
        The subdivision lots will be served by individual wastewater disposal fields.  The individual systems must be designed to meet the requirements of the Maine State Plumbing Code,
        Solid waste disposal is the responsibility of the Homeowners’ Association and needs to be addressed in the HOA documents.
f)              Will not result in undue pollution of air, or surficial or ground waters, either on or off the site.
        The proposed residential subdivision does not appear to create undue pollution of air or groundwater.
g)              Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.
        The proposed residential subdivision will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water.
h)              Will not affect the shoreline of any body of water in consideration of pollution, erosion, flooding, destruction of natural features and change of ground water table so that a dangerous or unhealthy condition may result.
        Stonefield Phase III is not located in the Shoreland Overlay District or Resource Protection Sub-district.  There are no proposed wetland impacts for Phase III.
i)              Will respect fully the scenic or natural beauty of the area, trees, vistas, topography, historic sites and rare or irreplaceable natural or manmade assets.
        The proposed residential subdivision will provide housing, landscaping and amenities.  No scenic vistas, historic sites or irreplaceable natural or manmade assets will be affected.
3)      Every subdivision shall be responsible for providing open space and recreational land and facilities to meet the additional demands created by the residents of the subdivision.  This requirements shall be met by the payment of a Recreational Facilities and Open Space Impact Fee in accordance with Chapter VIII.
        No additional open space is proposed.
4)      The requirements of this paragraph shall apply if an applicant chooses to create open space and/or recreational land and facilities within the subdivision in addition to paying the impact fee.
        a)      Land Improvement:  The applicant shall improve the land according to the proposed use of the land and the requirements of the           Planning Board.
        b)      Owners Association:  A homeowners’ association shall be formed for the perpetual care of the commonly owned recreation land.
                No additional open space is proposed.

CHAPTER III, SUBDIVISION, SECTION IV –FINAL PLAN

D.      FINAL PLAN REVIEW

1)              The Planning Board shall review the Final Plan of the proposed development as submitted.  It shall examine any changes made subsequent to the Preliminary Plan for satisfactory correction.
                Changes made to the final subdivision plan subsequent to the preliminary approved subdivision plan include the following:Stormwater buffers sizes have been increased on lots 28, 29, 31, 33, 34, 35 and 36.The stormwater pond located at the end of Ichabod Lane Extension has been redesigned.  Revisions to the stormwater pond include the following:  the stormwater pond is now located further from the end of Ichabod Lane Extension, the size of the stormwater pond has been increased, and the type of stormwater pond has also been revised from a vegetated soil filter to a detention/treatment pond.

3)              No Final Plan shall be approved by the Planning Board unless submitted by the developer or his authorized agent within 12 months from the issuance of Preliminary Approval.
                The applicant received preliminary approval on December 7,2009.  The proposal is compliant with the 12-month approval period requirement.

NOW THEREFORE on the 4th day of October, 2010, the Gorham Planning Board adopts each of the foregoing Findings of Fact and based on these Findings determines that the proposed project will have no significant detrimental impact, and the Gorham Planning board hereby votes to grant Subdivision approval to construct Phase III of the Stonefield Subdivision to Gilbert Homes, Inc.
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 Town Planner may approve;
  • That the applicant is responsible for obtaining all required local, state and federal permits;
  • 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 at least one week prior to the date of the pre-construction meeting, a complete set of the final approved plan set will be delivered to the planning office to be distributed to: (1) Code Office, (2) Public Works Director, (3) Inspecting Engineer, and (4) Town Planner;
  • That 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 applicant shall be responsible for recording the approved documents in the Cumberland County Registry of Deeds within 30 days of the date of approval of the subdivision by the Planning Board;
  • That prior to the start of construction the applicant’s engineer shall flag the area of restricted clearing limits within the Ichabod Lane Extension Right-of-way as shown on the final subdivision plan, no clearing of trees is allowed in this area unless approved by the Gorham Public Works Director;
  • That prior to the commencement of work, an escrow fund for field inspections will be established with the Town, and a preconstruction meeting with Town Staff and the Town’s engineer for construction scheduling shall be held;
  • That prior to the commencement of any work on site, a performance guarantee totaling 125% of the costs to complete the construction will be established in a performance guarantee type meeting the approvals of Town Staff and the Town’s Attorney;
  • That the Planning Board Chairman is authorized by the Planning Board to sign these Findings of Fact on behalf of the entire Board; and
  • That these conditions of approval must be added to the subdivision plan and the subdivision 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 mylar copy of the recorded subdivision plan shall be returned to the Town Planner.
Lauren Carrier MOVED and Andrew McCullough SECONDED a motion to grant Gilbert Homes, Inc.’s request for final subdivision approval for the proposed “Stonefield Phase III Subdivision,” a 12-lot subdivision on 24.54 acres located off Harding Bridge Road, zoned Rural, Map 50/Lot 6, with conditions of approval properly re-numbered, posted prior to the meeting and discussed with the applicant.  Motion CARRIED, 7 ayes.  [8:40 p.m.]

ITEM 6: PRE-APPLICATION CONFERENCE
Pre-Application Site Plan -- Lot 2 Grondin Commercial Subdivision – by Total Quality, Inc.
dba Beal’s Ice Cream.  A proposal to construct a 5,225 sq. ft. building and a 31 space
parking lot at 2 Gorham Industrial Parkway for use as an ice cream retail store and manufacturing
facility.  Map 12, Lot 26.008, Roadside Commercial (RC) zoning district.

Mr. Poirier explained that this is an informal pre-application conference between the applicant and the Board, no plans have as yet been submitted, and the Board members should indicate to the applicant what they would like to see at a site walk.

Owens McCullough, Sebago Technics, appeared on behalf of the client and introduced Peter Malia and Jim Malia.  Mr. McCullough gave a brief overview of the proposal as a single story, 5000 square foot building on Lot 8 of the Industrial subdivision, the open fill lot, approximately 1.37 acres in size and located at the intersection of Gorham Industrial Parkway and Route 25 next to Plan-It Recycling.  He said that the applicants are leasing their current site and would like to continue the Mosher Road retail business and develop 1000 to 1500 square feet of this new site as a professional office, an ice cream manufacturing area, and perhaps a retail center.  There will be two access points to the site, one off the Gorham Industrial Parkway and the other off Bartlett Road.  Mr. McCullough said that the site would be cut down 5 to 7 feet, keeping the present berm intact as much as possible, and 31 parking spaces are contemplated, with a turn-around provided in the rear for box trucks.  A traffic movement permit for the project will be required for the project because of the cumulative impact of total trips of the projects within the Industrial Park.  Traffic seems to be within acceptable parameters based on a preliminary study and there will be more than one way in and out.  The Industrial Subdivision has a Site Location of Development Act Permit already in place and stormwater flow will be to a common treatment pond within the Subdivision.  There are public utilities available on site.  Mr. McCullough discussed briefly the issue of a possible cemetery on site in the vicinity of a large tree, although there are no records of any burials and test pits have shown nothing.  They would like to be able to grade a little closer to that tree than the 25-foot restriction currently in place due to the possible graveyard.  

Parking requirements and pedestrian circulation were discussed with Mr. McCullough.  Mr. Poirier noted that an office use would require less parking spaces then a retail use.  

Possible signage for the site was discussed, with Mr. Poirier suggesting that their signage requirements will be impacted once they have determined whether they will be rent out space in a proposed office setting.

Mr. Zelmanow asked that the entrance and the building corners be staked for a site walk, which will be scheduled once an application has been received.

ITEM 7: PRE-APPLICATION CONFERENCE
Pre-Application Site Plan – Facilities Management Maintenance and Grounds Buildings – by
USM.  A proposal to demolish existing buildings and replace with one larger building to consolidate maintenance operations. Map 40, Lot 17, Urban Residential (UR) zoning district.

Mr. Poirier explained that this is an informal pre-application conference with the applicant, no plans have as yet been submitted, and the Board members should indicate to the applicant what they would like to see at a site walk.

Joe LaVerriere, DeLuca Hoffman, appeared on behalf of the applicant USM and gave an overview of the proposed project.  He showed the Board the buildings it is proposed to demolish and discussed the building which would replace them, a single story 5,700 square foot building to consolidate maintenance operations.  There would be a reduction in overall impervious surface area of 2,000 square feet; utilities are on site and can be extended.  No new services are contemplated.  Mr. LaVerriere confirmed to Mr. McCullough that there will be no new services, the project involves consolidation only of existing services.  There will be security lights over all doors.

Dana Gray, Director of Engineering for USM, described the existing buildings and parking availability.  In response to a question from Mr. Hughes, Mr. Gray said that the hope is to get the foundations of the building in before frost.  Mr. Zelmanow and Mr. LaVerriere discussed parking on site.  

Mr. Zelmanow asked that the corners of the proposed building either be staked off or painted out for a site walk which will be scheduled as soon as an application has been submitted.

OTHER BUSINESS - None

ANNOUNCEMENTS - None

ADJOURNMENT

        Thomas Hughes MOVED and Thomas Fickett SECONDED a motion to adjourn.  Motion CARRIED, 7 ayes.  [9:15 p.m.]

Respectfully submitted,


_______________________________
Barbara C. Skinner, Clerk of the Board
__________________________, 2010











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