Gardiner Planning Board April 14, 1998

6 Church Street, Gardiner, Maine 04345 Pat Hart, Chairperson Dorothy Morang, Recording Secretary

CITY OF GARDINER PLANNING BOARD Gardiner Planning Board April 12, 2011 City of Gardiner, Maine Regular Meeting 6:00 PM

ROLL CALL

Present: Pat Hart, Chair Deborah Willis Judith Dorsey Pamela Mitchel Ronald Condon James Montell

Absent: Edward Lawrence

Also Present: William Najpauer, Contract Planner David Cichowski, Code Enforcement Officer Dorothy Morang, Planning Board Recording Secretary

Dave Gardner, EJP David Dineen Jean Dellert, Uplift Dennis Horton Ellen Horton Brenda Guay Ron Guay Mary Shepard Jeffrey Shepard Bob Moody Jen Kinnelly, Uplift Leroy Usher, Uplift Heidi Mansir, Uplift Dan Laflin Brad Hendrickson Daniel Bailey

1.) Call the Meeting to order. Chair Hart called the meeting to order at 6:04 PM, welcomed everyone and went over the schedule.

2.) Roll call taken.

3.) Meeting Minutes November 9, 2010

Pam Mitchel moved to accept the minutes as written. Judy Dorsey seconded the motion. Vote: 6 in favor, 0 opposed. Motion passed.

4.) Public Meeting – Proposed Amendment to Land Use Ordinance Kendall Holmes, representing the City Council is seeking a recommendation from the Planning Board to the City Council to make changes to the Land Use Ordinance Use Chart.

Kendall Holmes had not arrived so the Planning Board Chair, after consultation with the members, moved this item to the end of the agenda.

April 12, 2011 Draft Planning Board Minutes 5.) Public Hearing - Planning Board Review Leroy Usher, Agent for Uplift, Inc., Applicant is seeking approval to construct a 24’x86’ single story three (3) unit residential building. The property, located at 7 McGee Dr, City Tax Map 25, Lot 23 is in the Residential Growth (RG) Zoning District.

Chair Hart asked the Applicant to introduce himself and to describe the project.

Leroy Usher, representing Uplift introduced himself and other staff at Uplift, Heidi Mansir and Jen Kinnelly as well as the contractor, Brad Hendrickson and Dan Laflin, Surveyor.

Heidi said that Uplift, Inc. has been in Gardiner for over fifty years. She said that Uplift, Inc. has homes on River Rd and the one on Highland Av for over 30 years. The homes support adults with developmental disabilities. Planning meetings are held for each individual and appropriate services are provided for them in the homes.

Chair Hart asked if there is support staff on site 24/7. Heidi said that the clients are supported by staff as needed. Jennifer said that some of the clients need assistance with the activities of daily living which would include overnight shifts. She said that the staffing is based on planning meetings.

Pam Mitchel noted that she lives across the street from the home on Highland Av.

6:10 PM Public Hearing

Ellen Horton – lives at 385 Highland Av. Her concerns are supervision of the clients and safety concerns because of the busy highway.

Brenda Guay – abutter of proposed property. In addition to the project being placed there, she has concerns that the property was in a resource protection zone and the septic system is being put in a wetland area. She is also concerned about traffic and safety. There is a large pond in the back area.

Dennis Horton – lives at 385 Highland Av. He has concerns about supervision. He would rather they had 24/7 supervision. He is concerned about the client’s safety as they walk about and about his own property. There was a fire in one of the buildings owned by Uplift, Inc. in Hallowell.

Jean Dellert – on the Uplift, Inc. Board and former City Councilor. Jean said that Uplift, Inc. carefully screens their clients and want the very best for them. They provide good supervision and activities to meet their needs.

Mary Shepard – an abutter. Her concerns are the busy road and the pond. She has three grandchildren and they play out there and she is concerned for them if the client’s are out wandering around.

David Dineen – an abutter. His concerns are about the wetlands, the huge road through the property and future development.

Heidi Mansir, with Uplift, Inc. She said that she had gotten a few calls from people about the project. She said all of the neighbors are welcome to come to their office at any time if they have questions or concerns. She also noted that, although they own the building in Hallowell that caught fire, the person who lived where the fire started was not their client – just a member of the general public.

April 12, 2011 Draft Planning Board Minutes 2 Judy Dorsey noted that the persons required to supervise would not sleep there – it would be shift work.

6:35 PM Public Hearing closed

The Board members reviewed the Applicant’s responses to the Review Criteria in Section 6 of the Land Use Ordinance. They asked Dan Laflin about distances and slopes of the back of the lot from the septic system to the pond. He said it was about 240 – 250’ back with a 5 or 6 foot slope. They asked about the need for a culvert. David (CEO) said that he and the Public Works Director went up to the property and did not think one was necessary. Members were ok with all of the Review Criteria responses and deemed (6.8 & 6.9) not applicable.

General Performance Standards Section 8 of the Land Use Ordinance – (8.1; 8.6) and 8.7 were reviewed. Board members asked about the type of lighting and determined it to be residential. The Guays asked that a privacy fence be put on the side facing their house to protect it. Bill Najpauer said that the Applicant had options for screening, but the side facing the Guays would be a full screen and the Highland Av side would be a semi-full screen as described in the Ordinance. Members agreed that the plan met all of the applicable General Performance Standards with the condition of full screening on the Guay side of the property and a semi-full screen along Highland Av.

Environmental Performance Standards Section 9 – (9.7.3) was reviewed and determined that this proposal met that standard.

Special Activity Performance Standards Section 10 of the Land Use Ordinance – (10.16.3) were reviewed.

David Dineen asked if McGee was planning to continue dividing up the land and putting more buildings on that road. David (CEO) said that the road to the back of the lot differs from McGee Rd. Dan said that there are no plans to expand.

Ron Condon asked if they planned to put additional buildings on this lot. Uplift said no.

Pam Mitchel made a motion that this proposal meets all applicable Review Criteria subject to a buffer condition. Judy Dorsey seconded the motion. Vote: 6 in favor. 0 opposed. Motion approved.

Pam Mitchel made a motion that we approve this Application with the condition that the buffer on the Guay lot line be a full screen and the Highland Av side buffer be a semi-full screen as required by the Land Use Ordinance Section 8.11. Judy Dorsey seconded the motion. Vote: 6 in favor. 0 opposed. Motion approved.

6.) Public Hearing - Site Plan Review P. & M. Realty, LLC, Agent/Applicant for Everett J. Prescott, Inc. is seeking approval to construct a 105’x60’ storage building for vehicles. The property, located at 24 - 44 Griffin St., City Tax Map 28, Lot 64 is in the Planned Development (PD) Zoning District.

April 12, 2011 Draft Planning Board Minutes 3 David Gardner introduced himself and gave a little background on the property. He said that the current building was built in 1986 and the addition in the late 1990’s.

He noted that he came to the Code Enforcement Office and it was determined that he needed to get a dimensional variance to reduce the required front setback for the new building before he could move ahead with the project. A variance was granted on March 29, 2011.

He showed a drawing of the property, including the existing and proposed buildings and buffering as well as parking. The building will be 105’ x 60’ and will be 55’ from the street and 28’ from the side line. It will have cupolas on the roof and have windows with shutters. The building will house large bucket trucks for On Target and have a utility room and office area. The trucks will enter through the front of the building and park. When exiting, they will exit through the back of the building and continue on to Griffin St to Route 201. The building will be set back far enough to allow the trucks to make the turn and enter the building. Parking for employees will be on the side of the building and directly behind the building. In the back yard, there is a pole yard training area.

They will maintain 50’ between the existing building and the new one in the event that in the future they might divide off this section and it would meet the required side setback for both properties.

8:00 PM Public Hearing – no one in attendance. Closed Public Hearing. Chair Hart asked what category on the Land Use Chart was this proposal to be reviewed as. After review of the Chart, it was determined to fit best under Trucking & Freight.

The Board reviewed the Applicant’s responses to the Review Criteria and Site Review Criteria in Section 6 of the Land Use Ordinance and determined that the criteria were met.

The Board reviewed all applicable General Performance Standards in Section 8 of the Land Use Ordinance and determined that this proposal met them.

The Board looked at the Roads, Traffic Access & Parking Standards in Section 11 of the Land Use Ordinance. They noted that the plan they had did not show enough parking spaces for the six employees and they also had some concern for the safety of those parking near the exit door of the building. Bill noted that this was a low volume business. The applicant said that he had amended his plan to show the additional spaces, 4 in the back and 2 along the sides, after it was brought up at the Board of Appeals meeting. He said that he could move one of the spaces on the back of the building to the side of the building to give more room. David (CEO) also suggested that the Applicant create a walking area between the building and the parking spaces by adding bumper blocks. The Applicant thought that these were good ideas.

Pam Mitchel made a motion that this proposal, as amended to show 6 parking spaces, meets all applicable standards of this Ordinance. Judy Dorsey seconded the motion. Vote: 6 in favor. 0 opposed. Motion passed.

Pam Mitchel made a motion that we approve this Application as amended. Judy Dorsey seconded the motion.

April 12, 2011 Draft Planning Board Minutes 4 Vote: 6 in favor. 0 opposed. Motion passed.

7.) Public Hearing - Site Plan Review Daniel Bailey, Applicant is seeking approval to operate an Automobile Sales and Service business in an existing building and parking lot. The property, located at 26 Winter St., City Tax Map 34, Lot 82-1 is in the Central Business (CB) Zoning District.

Daniel Bailey introduced himself and told the Board that he had sold his property to the Gardiner Savings Bank of Maine a few years back and has been looking for a new location to relocate to. He is looking at his existing property at 26 Winter St as a back-up building for his business as a last resort if he couldn’t find another property.

Since he filed this Application, he has signed a purchase and sales agreement to purchase the old bowling alley. He hopes to relocate there, but wishes to continue with this Application in the event that this falls through. He does not want to leave Gardiner as this is a 4-generation business started in Gardiner by his grandfather.

In the building at 26 Winter St, he would be using the existing building and parking area. He would replace a 6’ overhead door with a 14’ overhead door and use that space as the bay area for repairing vehicles. He would use the existing office area. The property has an existing catch basin, paved parking area out back for 50 vehicles of which he would use about 25 and 7 spaces in the front for customer parking as well as parking along the side of the building.

Chair Hart asked about ventilation if running a vehicle. Dan said they use a hose through the overhead door. David (CEO) will check the new codes and regulations to determine if other precautions are required under the new Building Code.

8:44 PM Public Hearing. No one in attendance. Public hearing closed.

David said he called MDEP and they didn’t see a problem if the use was allowed in that zone. It wasn’t a new development and it wasn’t in the floodplain.

Bill noted that the Review Criteria was envisioned for a large development, so most of them do not apply here.

The Board reviewed the Applicant’s responses to the Review Criteria in Section 6 of the Land Use Ordinance and was in agreement that the criteria were met.

They looked at Section 8.7 and Section 10.15 and 10.24 and said that the proposal met the standards.

Pam Mitchel made a motion that the proposal meets all applicable regulations of the Ordinance. Judy Dorsey seconded the motion. Vote: 6 in favor. 0 opposed. Motion passed.

Pam Mitchel made a motion that they approve this Application. Judy Dorsey seconded the motion. Vote: 6 in favor. 0 opposed. Motion passed.

4.) Public Meeting – Proposed Amendment to Land Use Ordinance

April 12, 2011 Draft Planning Board Minutes 5 Kendall Holmes, representing the City Council is seeking a recommendation from the Planning Board to the City Council to make changes to the Land Use Ordinance Use Chart.

The Board members discussed the request for an Ordinance change submitted by Kendall Holmes on behalf of the City Council. They had questions about the proposed amendment and would rather have had someone there to explain it. David (CEO) explained it as he knew it. Chair Hart said she will attend the Council meeting when this item is heard.

Judy Dorsey made a motion that we recommend this to the City Council, with some reservations because we have some questions, but overall we approve the idea. It needs to be re-worded. Debbie Willis seconded the motion. Vote: 4 in favor. 2 opposed. Motion approved.

8.) ADJOURN Judy Dorsey made a motion to adjourn. Jim Montell seconded the motion. Vote: 6 in favor. 0 opposed. Motion passed.

Meeting adjourned at 9:22 PM

April 12, 2011 Draft Planning Board Minutes 6