Gray Planning Board Minutes
January 14, 2010 - 7:00 p.m.
UPSTAIRS – STIMSON HALL
Jack Goosetrey, John Redlon, Don Hutchings, Rod Boyington, Jason Wilson
George Thebarge
Excused: Dan Cobb
Others present and speaking: Ursula Soobitsky, Michael Hotham.
Don Hutchings moved; Jason Wilson seconded
Motion to make Jack Goosetrey a voting member.
4 Yes
- Minutes of November 12, 2009
Don Hutchings moved; Jason Wilson seconded.
Motion to accept the November 12, 2009 Planning Board minutes as presented
5 Yes
George stated that he has been working with the Street Ordinance Committee on private and public road standards. He indicated that some of the items will be placed in other ordinance areas such as zoning etc. For example parking standards will be put in the Zoning Ordinance.
The Town Council had a first reading/ public hearing and will have a second one on the proposed changes.
- Tabled Matters and Unfinished Business- NONE
- Public Hearing and New Business
- Conditional Review of a proposed Snowmobile Repair Shop, located at 270 Mayall Road, Gray, Maine. Map 26, Lot 28A, Zone RRA. Applicant is Ursula Soobitsky, address is 270 Mayall Road.
Ursula Soobitksy gave an overview of the proposed plan. She stated that she would like to have a small snowmobile repair shop (no sales). There is a large driveway and parking in the rear in a 15’ x 4’ garage. She provided some photos to the Planning Board. She contacted Waste Management to get some oil disposal containers and oil would be disposed regularly. There is a dumpster in the back for other waste. She also described and provided a drawing of a sign and indicated that she has received sign off from area neighbors stating that they do not object to this.
John Redlon asked for clarification on what other vehicles can be repaired. George stated that the limitations of the types of vehicles is based on their testimony and that any other vehicle repairs would require appearing before the Board.
John asked about screening the dumpster. This proposal isn’t under site plan review, but if the Planning Board wishes, they can put screening around the dumpster as a condition.
Jack Goosetrey asked if this has been approved by the Fire Department. George stated that the CEO stated that the garage requires a 2 hour separation between the garage and the home since it is commercial business.
Ursula Soobitsky stated that the building is only 3 years old and is built to current standards. There was a discussion on what the appropriate determination of fire rating. Rod stated that as long as it meets the CEO’s requirements, there shouldn’t be an issue but Ryan Keith needs to sign off on this.
Don Hutchings reiterated that this request is only for what is being used in the garage and not the home. Don asked if any large gasoline tanks would be on site. They stated that there would not be large tanks
Jason Wilson moved; Don Hutchings seconded.
Motion to approve Snowmobile Repair Shop, located at 270 Mayall Road, Gray, Maine. Map 26, Lot 28A, Zone RRA. Applicant is Ursula Soobitsky, address is 270 Mayall Road.
Subject to standing conditions:
- The project shall be operated in accordance with the plans, textual submissions, and testimony presented to the Planning Board by the applicant.
- The Board finds that with the following conditions of approval, the proposed snowmobile repair service will meet the conditional use criteria of Section 402.9.3 F:
- All repair services are to conducted in the enclosed garage space.
- Subject to review and verification by the Code Enforcement Officer for~compliance with all building and life safety codes.
- All snowmobile and transport vehicles will be stored behind the building.
- There shall be no sales of snowmobiles or vehicles from the property.
- There shall be no outdoor storage of equipment, materials, and supplies other than snowmobiles stored on transport vehicles that are properly registered (both snowmobiles and trailers).
5 Yes
- “Public Hearing on proposed amendments to Chapter 401 to update parking standards in the Gray Zoning Ordinance and to repeal the existing parking standards in Chapter 400, the Gray Street Construction Ordinance.”
There was no one from the public who spoke. Public hearing closed at 7:20pm.
George reiterated his previous comments (cited above). He indicated that the parking ratios are dated and current ratios and standards have been updated.
Don asked if more or less parking is needed. George stated that for public gatherings, standards/ ratios have changed due to current driving/parking habits. The proposed amendments offer more flexibility on other parking options (shared parking for example). He stated that the Planning Board would have the authority to waive certain types of parking by offering screening.
The parking standards will be relocated to the zoning standards and updated.
Jason Wilson asked about the standards for hybrids and the like. George stated that there are standards for compact car parking.
Rod stated that the Planning Board had no issues with the proposal to date.
- “Public Hearing on proposed amendments to Chapter 403 to bring the Gray Shoreland Zoning Ordinance into compliance with 38 M.R.S.A. Sections 435-449 and 06-096 CMR, Chapter 1000, State of Maine Guidelines for Municipal Shoreland Zoning Ordinances.
George stated that Towns have been required to be updated by Maine DEP guidelines. A draft was proposed to the Town last July and the draft has been sent to the DEP for review. They offered some minor suggestions/changes.
He stated that an example would be driveways should have the same standards as roads for Shoreland Zoning. Manure spreading criteria has been updated.
One of the more substantive changes is that a house can be built in a resource protection district but it would have to meet specific criteria. He indicated that there have been some map changes. He cited May Meadow and Thayer Brook as examples.
George stated that there has been a first reading public hearing by the Town Council
John Redlon asked about marinas being permitted in Gray. He understands that Windham can but Gray can’t.
Jack asked about the docks. George stated that the limitation is 6ft but there was a discussion on a dock with a “T” or floats. Doug Webster has discussed this with DEP and that these types of things don’t apply to the 6 foot criteria. He will craft some advisories/guidelines for these items.
Jason Wilson asked about procedures about GIS errors (accuracy of zoning maps). George stated that the measurement is generally 250 feet from the high water mark. If there are challenges to the precision of the boundaries they can be presented to the board.
Rod stated that the Planning Board has no objections and John Redlon urges adoption.
Other business:
Rod brought up some concerns from a previously approved item and asked that it be brought up for reconsideration.
Don Hutchings moved; John Redlon seconded.
Motion to bring the KBMT c/o Michael Hotham, 27 Marshview Dr. New Gloucester, Me, item from the Nov. 12, 2009 meeting for reconsideration
5 Yes
George gave an overview of the reconsideration process and that they have met with the Town’s engineer about a lot on 2 roads, that the driveway be on the lesser traveled road. The problem is that there is a driveway that exists on the Yarmouth Rd. The Board granted an approval that the Town engineer make the final approval about the removal of the driveway. There was an application to MDOT and there were questions. Their position is that there is a higher likelihood of an accident from the Yarmouth Rd. The Planning Board has approved the subdivision with the driveway on the Yarmouth Rd, but the Town’s engineer will not issue a permit for the driveway on Yarmouth Rd, but off Mayall Rd. He stated that the Planning Board has the authority to impose a condition to have the driveway be located
off the Mayall Rd.
Michael Hotham stated that he doesn’t believe that it shouldn’t be changed and that there have not been any accidents from the Yarmouth Rd. He indicated that there would be approximately $15,000 in costs and time to move an existing driveway.
There was a discussion on compromise solution, but at this time the application contains 2 driveways off the Yarmouth Rd. There was a discussion on the entrance feeding 2 lots and not just one house.
Rod stated that the Planning board can impose that Lot C has to have its entrance come off the Mayall Rd, but that Lot B being the main lot already exists. Rod asked if proposing that the entrance of Lot C be off the Mayall Rd, but Lot B remain on the Yarmouth Rd. George stated that it was possible, but it would depend on whether or not the Town’s engineer and the applicant agrees. Don asked who will hold precedent, the Planning Board or the Town’s engineer.
Rod asked him to work with the Town’s engineer to redraft the proposed plans and come up with some suggestions.
Don Hutchings moved; John Redlon seconded.
Motion to table this item and work with the Town’s Engineer and recommend that Lot B remain on Yarmouth Rd with an easement and Lot C have an entrance on the Mayall Rd
with a possible easement on the plans.
5 Yes
John Redlon moved; Jason Wilson seconded.
Motion to adjourn
5 Yes.
The meeting ended at 8pm
Meetings that are cancelled because of weather will be noted on the town web site (www.graymaine.org), local cable channel (2), and 6, 8 & 13 news. If the meeting is cancelled, it will be held the following Thursday night at 7:00 p.m.
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