Gray Planning Board
MINUTES
April 9, 2009 - 7:00 p.m.
UPSTAIRS – STIMSON HALL
Rod Boyington, Don Hutchings, Dan Cobb, John Redlon, Jason Wilson
George Thebarge
Excused: Jack Goosetrey
Others present and speaking: Doug Reynolds.
I. Minutes
A. Minutes of February 26, 2009
Don Hutchings moved; John Redlon seconded.
Motion to accept the minutes as presented
5 Yes
II. Information Exchange- NONE
III. Tabled Matters and Unfinished Business
A. Request for site plan approval for expansion and conversion of the Busy Bee Cabins, located at 272 Portland Road, Gray, Maine. Applicant is Bryan Loisel, 357 Maine Street, Poland, Maine. Map 41, Lot 1, zoned Commercial. (Applicant requests item to be tabled.)
B. Request by Linda Liberty for final approval for a major subdivision for Freedom Drive off North Raymond Road. Applicant’s agent is Pinkham & Greer. Map 10, Lots 1 and 4. (Applicant requests item to be tabled.)
C. Request for site plan approval to change the entrances of the Gray-New Gloucester High School and add parking, 10 Libby Hill Road, Gray, Maine. Map 15, Lot 9, Zone RRA. Applicant is Gray New Gloucester School District. Applicant’s agent is Pinkham and Greer of Falmouth, Maine. (Applicant requests item to be tabled.)
All items remain unchanged.
IV. Public Hearing and New Business
A. Request for site plan approval to obtain generic conditional use permit to allow for potential change of use after purchase of grandfathered non-conforming use. Map 38, Lot 3, RRA Zone. Applicant is Arline Foster, 166 Yarmouth Road, Gray, Maine. Applicant’s agent is Gorrill Palmer, Gray, Maine.
Doug Reynolds of Gorrill Palmer representing applicant is requesting a generic conditional use. He stated that their intention is to sell the property. The site has been as commercial use for many years.
He gave an overview of their plan including parking and provided visuals. By obtaining the conditional use the salability of the property would be achieved.
He reviewed the 7 standards they must meet.
1. Will be compatible with the general character of the neighborhood with regard to design, scale
and bulk of proposed structures:
Doug Reynolds stated that the use will be compatible with the neighborhood. There would not be any general changes to the neighborhood.
2. Will not have a significant detrimental effect on the use and peaceful enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, light or glare:
Doug Reynolds stated that with the exception of the retail use which could require 60 parking spaces, the others would require 28. They are not proposing to develop the parking lot beyond the current area. Lighting would be provided by wall packs and would not cause any issues to abutting property.
3. Will not have a significant adverse effect on adjacent or nearby property values;
He stated that the building will remain in its current exterior condition or upgraded.
4. Will not result in significant hazards to pedestrian or vehicular traffic or significant traffic congestion.
He stated that there would only be 2 openings to the driveway/parking for safety. The total generation of traffic is less than the average.
5. Will not result in significant fire danger.
Doug stated that the applicants must comply to all fire codes
6. Will not result in significant flood hazards or flood damage, drainage problems, ground or surface water contamination, or soil erosion
He stated that the lot area would allow a 60 parking space area and should not cause flooding issue.
7. Will be served adequately by, but will not overburden, existing public services and facilities, including fire protection services, roads, water and storm drainage systems
Doug Reynolds commented that the assumption is that the Water District should not have any problems meeting this property’s needs. The owner will have upgrades to the current septic standards and should not pose any issues.
Rod Boyington asked if there was any public comment. There was none.
Public Hearing closed at 7:16pm
John Redlon asked about the difference between light repair service and repair service. George Thebarge read the definition of repair service and indicated that there is no definition for light repair.
Dan Cobb expressed concerns that the Board is being asked to anticipate the future of this property by its decision. In particular, he is concerned about not needing a site plan approval for a future buyer as stated in the conclusion section of the proposal.
Don Hutchings is not opposed, but does agree to an extent with Dan Cobb’s observation. He asked if they can keep the grandfathered status and include other conditions for future applications.
Rod Boyington asked about the site plan approval. Doug Reynolds stated that they are willing to remove the exterior impacting uses (construction services, repair service, redemption center)
and while they are permitted uses, future owners would have to go to the Planning Board site plan approval process.
John Redlon has concerns about negating a site plan review. The rest of the group stated that the applicant has accepted removing this condition of approval. George Thebarge stated that the location is in a RRA zone, the grandfathered use would be generic to allow approval with a specific list of acceptable uses which would be done inside the buildings.
Jason Wilson asked how this will be achieved. George stated that the list of acceptable uses, minus the 3 removed, all business conducted inside the building and that all future owners must go through the site plan approval process.
Rod Boyington read each of the 7 criteria and asked the Board if they have any questions or concern.
Dan Cobb asked how the Board can anticipate #2 in the future. Rod Boyington and Don Hutchings stated that the approval is for the present conditions, but that any future use will require the owners to go through the Board process and each of the 7 criteria need to be met. There was a discussion on the criteria use approval of a proposed project and whether or not approval will be required in the future. George Thebarge stated that if all business is done within the buildings and not extended outside, then it’s fine, but that in the future, all new owners will need to go to the planning board process (with the 3 business types previously discussed that were removed.)
Rod Boyington stated that some future business may not be compatible with the current zoning and that the Board may decide that at that time.
Jason Wilson moved; Don Hutchings seconded
Motion to accept Request for site plan approval to obtain generic conditional use permit to allow for potential change of use after purchase of grandfathered non-conforming use. Map 38, Lot 3, RRA Zone. Applicant is Arline Foster, 166 Yarmouth Road, Gray, Maine. Applicant’s agent is Gorrill Palmer, Gray, Maine.
Subject to standard condition #1
2. Meets the 8 acceptable uses previously described.
3. No outside activities, sales and service are permitted.
4. The Planning Board site plan approval is required for parking, lighting, landscaping and vehicular access.
There was a discussion on the septic issue and HHE 200
5 Yes.
3. Adjournment
Don Hutchings moved; John Redlon
Motion to adjourn
5 Yes.
The meeting ended at 7:50pm
Meetings that are cancelled because of weather will be noted on the local cable channel (2), 6, 8 & 13 news. If the meeting is cancelled, it will be the following Thursday night at 7:00 p.m.
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