Gray Planning Board Minutes
November 18, 2010 – 7:00 P.M.
Pennell Complex, Gray Maine
Don Hutchings, Dan Cobb, John Redlon, John Scheckel
Excused: Jason Wilson, Rod Boyington
George Thebarge, Doug Webster
Dan Cobb moved; John Redlon seconded
Motion to make John Scheckel a voting member
3 Yes
Dan Cobb moved; John Redlon seconded
Motion to accept the minutes as corrected.
Dan Cobb commented that on page 4, Shirley said “no” and not “know” and that George Thebarge proposed a change in the parking-daycare issue.
He also commented on page 4 and the phrasing from the applicant on this.
- Yes/ 1 Abstention (Scheckel)
Dan Cobb commented on the tower project that Planning Board previously approved.
Don Hutchings stated that this discussion can fall under new business.
- Public Hearing/New Business
Dan Cobb presented some photos on the Tower project and commented on the buffer zone- (Condition #3). The photos show that there are no plantings for the buffer as listed in the approval. He also commented on the paint color. (Condition #4- lowest light intensity and red/white paint). Currently it is galvanized steel with a white strobe light.
John Redlon commented that he recalls that the FCC may have some say on lighting and color.
Dan Cobb would like to see that the conditions of approval be completed and followed up on. He believes that the Board approves projects with too many conditions rather than complete project submissions.
George Thebarge stated that he agrees that the details should be complete. Don Hutchings said that while the Planning Board can impose requirements, they can’t enforce them and believes that this falls under Code Enforcement.
Doug Webster stated that unfortunately issues of completion and follow-up of a project is common. In other communities, Planning Boards have made informal recommendations to ask Code Enforcement to follow-up.
John Redlon urges people to have more detailed submissions and follow through.
Don Hutchings asked that Doug Webster follow-up with the Code Enforcement officer to follow-up on the issues that Dan Cobb discussed and to report back to the Planning Board.
- Public Hearing on Amendments to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.7.12 (Fire and Explosive Hazard performance standard) to repeal existing standards and reference requirements established by the Maine Department of Environmental Protection and the Maine Department of Safety.
Doug Webster gave an overview of the issue with an applicant which warranted a discussion to change the zoning for Section 402.7.12. He commented that this change helps to bring Gray’s zoning ordinances in line with other area communities.
3 options for change were discussed. The option for referencing DEP and Maine Department of Public Safety standards.
A first reading was given and the Council recommended a public hearing for the Planning Board.
John Scheckel stated that he supports George Thebarge’s recommendation for referencing the state standards. The rest of the Board agreed.
There was no public comment.
- Public Hearing on Amendments to Chapter 402 (Town of Gray Zoning Ordinance), Section 402.8.1 (Adult Business standards) to make this zoning subsection consistent with the proposed Chapter 219 (Nude Entertainment Ordinance)
Doug Webster stated that the Council has held its first reading on this ordinance. The performance standards need to be consistent with the outlines of the zoning standards which are being proposed (Chapter 219). He presented a map suggesting the suggested location.
There was no public comment, nor comment from the Board.
- Public hearing on amendments to Chapter 401, Sections 401.10.1 of the Town of Gray’s Subdivision Ordinance related to inspection fees and Section 401.13.15 & 16, for changes to the standards for streets in subdivisions.
- Public hearing on amendments to Chapter 400, Parts 2 and 3 of the Town of Gray’s Street Construction Ordinance for public street standards and streets in subdivisions.
(Items C & D were discussed together)
George Thebarge stated that this presentation on Street Ordinance changes will be a good opportunity for the Board to become more familiar with the proposed changes.
He gave an overview of the process for this work to bring this more in line to contemporary standards. Driveway permits have been addressed which has also led to these changes (paved streets in subdivisions, in particular). Once this is completed, the issue of gravel roads will also be addressed, followed by street permitting, etc.
The Street Ordinance Review committee includes 2 members of the former Ordinance Review Committee who were instrumental in getting this initially approved. Town employees (Public Safety and the like) have also been involved in the process.
George outlined the 3 areas:
Subdivision Road standards currently have 3 road standards: collector, sub-collector, and roads. All of these roads need to meet the same standards. The changes proposed are more in line with the Town’s Comprehensive Plan and standards are more specific as to where the road is located. He gave an overview of the standards for urban (Gray Village for example) versus rural subdivisions.
The Town will no longer accept roads outside the designated growth areas. Since the Town will no longer accept the roads, the design standards and size have been reduced to offset this for the developer.
The Town will allow subdivisions of 11 lots and paved roads will be allowed to participate in public easements for plowing.
John Scheckel stated that there is a lot of language that leaves it to the Town Engineers and Planning Board for road amenities. He asked how it is determined that a given road is required to have particular amenities.
George stated that he doesn’t believe it is throughout the document, but cited that on page 7, there is a chart of specific types of roads and standards. The planning board can require specifics based on the Town Engineer’s recommendations to add some offsite improvements based on traffic studies.
John Scheckel cited page 15, section E and George stated that this is an example of offsite improvements.
Don Hutchings asked if this example applies to RRA and Lake District. There was a discussion as to whether or not past requirements still apply to RRA.
John Scheckel asked how the requirements are going to be enforced. He cited tree removal for easements. He believes that this could have a lot of latitude for the developer. George gave an overview of the process including a peer review. The proposed changes focus more on the Town Engineer’s recommendations and not as much on Public Works. The Planning Board has more of an advisory role to the Town Engineer as proposed rather than the other way around.
There was a discussion on the private road maintenance. The homeowners association will have more responsibility for maintenance and the Town will have to addressing the new subdivision proposal bylaws to have these provisions.
Don Hutchings asked if the Town still has the discretion to take on particular roads in the Growth District. George stated that yes, and that the Council can review and approve accepting this road prior to final Planning Board approval.
There was a discussion the offset/incentives of the road standards change. Dan Cobb stated that it appears that it encourages more development in rural areas as less infrastructure is needed. George stated that there are ways to incentivize opportunities in the Growth Areas.
There was a discussion on the advantages and disadvantages to the Town with this proposal. George stated that there are some compromises to these proposed changes. George stated that 90% of growth has been in rural areas and the issue of private gravel roads will be impacted and addressed after this is complete.
Doug Webster suggested that there is a value that people would be willing to pay for a road that the Town would accept to maintain and plow. A potential buyer would look at the long term cost for the road.
John Scheckel stated that identifying the standards for roads and incentivizing incentives for urban development.
- Pitstop Fuels, Inc, 125 Ossipee Trail E. Standish, Maine to install a 25,000 gallon fuel tank on Portland Road, Gray, Maine, Map U04/1B, Commercial Zone, Dana Lampron is Applicant.
This item remains tabled.
John Redlon moved; Dan Cobb seconded
Motion to adjourn.
4 Yes
The meeting ended at 8pm.
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