CITY OF SOUTH PORTLAND

Index January 8, 2002 January 22, 2002 February 12, 2002 March 12, 2002 March 26, 2002 April 9, 2002 April 23, 2002 May 14, 2002 May 22, 2002 May 28, 2002 June 4, 2002 June 11, 2002 June 25, 2002 July 9, 2002 July 23, 2002 August 13, 2002 August 27, 2002 September 10, 2002 September 24, 2002 October 8, 2002 October 22, 2002 November 12, 2002 December 10, 2002 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 1 JANUARY 8, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER CRAIG BABBIDGE JUDY CARPENTER Member Absent: KATHLEEN MERSEREAU *District Three Seat Vacant Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of December 11, 2001 Meeting DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the minutes of December 11, 2001. Passed: 4-0 (CHAPIN, MERSEREAU absent). Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – Stop ‘n Shoppe – 327 Main Street Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – Johnson Road Associates – Cityline Drive Agenda Item #2C – Consent Calendar - Amended Subdivision – Glenwood Farms Phase II – L.E. Lydon Construction Agenda Item #2D – Consent Calendar – Release of Permance Guarantee – Quirino Lucarelli – 26 Hillside Street CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve the releases of Agenda Items #2A, 2B, and 2D. Passed: 4-0 (CHAPIN, MERSEREAU absent). JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Amended Major Subdivision for Glenwood Farms II, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 4-0 (CHAPIN, MERSEREAU absent). DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the Findings of Fact. Passed: 4-0 (CHAPIN, MERSEREAU absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 2 JANUARY 8, 2002 JOHN CHAPIN motioned and JUDY CARPENTER seconded to agree that Carol Thorne has no conflict and may participate in Agenda Item #3. Passed: 4-0 (THORNE abstained) (MERSEREAU absent). Agenda Item #3 – Amended Site Plan – JOOD, Inc. – 330 Sawyer Street – Victoria Place JOOD, Inc. has requested an amended site plan in order to modify a number of items previously approved by the Planning Board. The proposed amendments include: relocation of the sign; relocation of the dumpster; installation of approximately 105-feet of storm pipe with two catch basins; installation of pressure treated wood decks; location of the “gang” mailbox; and replacement of a 24” diseased Sugar Maple. The property is identified as Assessor’s Map 9, Lot 35A located within the Residential District G. Spokesperson for the applicant: Michael Hill, Monaghan Leahy LLP PUBLIC HEARING: The following people addressed this item: Sherry Dunkin, 330 Sawyer St. – the area is wet; some corrections have been done but it’s too soon to tell if they work. Maureen Momm, 330 Sawyer St., Unit #6 – has flooded basement; grading needs to be fixed. Nancy Abel, 330 Sawyer St., Unit #3 – has cracks in both the basement and the foundation; has water in the basement 90% of the time; water pools on the walkways. David Lourie, Attorney, Condominium Association – original plans don’t show drainage plan; water is coming from adjacent properties. Ralph Manglass, Criterium-Mooney engineer – submitted report. Mary Finnegan, 330 Sawyer St., Unit #7 – explained where snow is stored. The Planning Board discussed the proper procedure to follow in reviewing this item; the grading of the site; problems with the foundation and basement windows; the additional catch basins; snow storage; possibility of doing a site walk; and requiring “as-built” plans to show new grading and drainage. JOHN CHAPIN motioned and DAVID SAWYER seconded to postpone the Amended Site Plan for Victoria Place, 330 Sawyer Street, to the meeting of February 12, 2002 to allow time for the following actions: 1. The applicant shall submit stormwater calculations to the Planning Board. 2. A meeting shall take place including the City Engineer, the applicant’s engineer, and the owners’ engineer. 3. The applicant shall submit an ―as-built‖ plan showing the actual drainage and grading of the site. Passed: 4-1 (CARPENTER) (MERSEREAU absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 3 JANUARY 8, 2002 Agenda Item #4 – Discontinuation of Central Avenue – Central Avenue – Sprague Energy Sprague Energy has submitted a petition requesting the City of South Portland to discontinue Central Avenue. Sprague currently owns property abutting both sides of Central Avenue. Clean Harbors of Maine owns one small parcel abutting the end of Central Avenue. Sprague would continue to maintain Central Avenue as a fire lane as well as a right-of-way to the backside of the Clean Harbors property. The ownership would allow Sprague to gate this entrance during off-hours to ensure security and safety in this area. The Planning Board will make a recommendation to the City Council. Spokesperson for the applicant: Tom Dobbins, Sprague Energy PUBLIC HEARING: No comment. The Planning Board discussed access for Clean Harbors; utilities in the road; possibility of adding a condition to revert ownership to the City in the future; maintenance of the road as a Fire Lane; and the use of the road as a private way. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to recommend that the Council approve the discontinuance of Central Avenue, and the requested conveyance of a 50-foot x 985.53 right-of-way known as Central Avenue to Sprague Energy, with the following conditions: 1. Sprague Energy shall accommodate any utility lines within the area with appropriate easements. 2. Sprague Energy shall grant Map 31 Lot 23 (currently Clean Harbors) an access easement in perpetuity for continued access to their parcel. 3. To the extent possible legally, the Planning Board recommends that Sprague be allowed to obtain the rights they need in the road in such a way that public right of access would automatically be restored if the use of the property should ever change from that of an industrial facility. DAVID SAWYER motioned and CAROL THORNE seconded to amend the Main Motion to remove condition #3. Failed: 2-3 (BABBIDGE, CHAPIN, THORNE) (MERSEREAU absent). Vote on Main Motion. Passed: 5-0 (MERSEREAU absent). Agenda Item #5 – Request to Discontinue a Portion of Providence Avenue – Paul & Mary Cobb Paul & Mary Cobb have submitted a petition requesting the City of South Portland to discontinue a 25’ x 200’ section of Providence Avenue. This section of Providence Avenue is unbuilt and extends between Sawyer Street and the built portion of Providence Avenue. The Planning Board will make a recommendation to the City Council. Spokesperson for the applicant: Jim Hopkinson, Attorney MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 4 JANUARY 8, 2002 PUBLIC HEARING: No comment. The Planning Board discussed the reason for the request; Sawyer Street as the access for the second home; and a reconfiguration of the lots to allow frontage without the discontinuation. JOHN CHAPIN motioned and CAROL THORNE seconded to postpone the Item to the meeting of February 12, 2002. Failed: 1-4 (BABBIDGE, CARPENTER, SAWYER, THORNE) (MERSEREAU absent). CAROL THORNE motioned and CRAIG BABBIDGE seconded to forward to the Council a negative recommendation for the discontinuance of a 50-foot x 200-foot section of the unbuilt portion of Providence Avenue and not convey the land to Paul and Mary Cobb, as shown on the submitted drawing. Passed: 4-1(CARPENTER) (MERSEREAU absent). CRAIG BABBIDGE motioned and CAROL THORNE seconded to agree that no conflict exists and Mr. Sawyer, Mr. Chapin, and Ms. Carpenter may participate in Item #6. Passed: 2-0 (CARPENTER, CHAPIN, SAWYER abstained) (MERSEREAU absent). Agenda Item #6 – Amended Site Plan – Greater Portland Municipal Credit Union – 799 Broadway Greater Portland Municipal Credit Union requests amended site plan approval to construct a two phased building addition to their existing credit union located at 799 Broadway. The first phase of construction will be a two-story 5,230 SF addition, while the second phase will be a 1,800 SF single story addition. The second phase construction has been shown as a “future expansion”. With the new construction, parking lots and drive-thru windows will be relocated and enhanced. The area in mention is Map 25, Lots 171A, 172, & 173 located within the Residential District G, Limited Business District LB, and Commercial District C. Spokespersons for the applicant: Art Colvin, Engineer Phil Steinhagen, GPMCU Mike Longley, Architect, Financial Concepts PUBLIC HEARING: The following people addressed this item: Ed Szalajeski, 807 Broadway – good project, but would like traffic directed away from the residential building on Henry Street. Christina Merrill, 15 Kelley St. – enhance the building rear view for the Greenbelt; reduce lighting; it might be too large for the area. The Planning Board discussed traffic on Henry Street; the number of employees; lighting; utilities; drainage; the retention pond; and the hours of operation. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 5 JANUARY 8, 2002 CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention, and approve the amended Site Plan for 799 Broadway, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The applicant shall work with the Pollution Abatement Department during the construction process and field verify the sump pump outlet pipe, and a resolution shall be worked out between the applicant and Pollution Abatement. 3. During the excavation, the applicant shall monitor excavated material and notify the Maine Department of Environmental Protection of any contaminated material excavated from the site. 4. The applicant will maintain the detention pond and periodically clean out sediments as necessary. 5. The lighting of the sign shall be no brighter than the existing illumination of the sign currently on the site and shields shall be used, if necessary, to prevent direct illumination of the Greenbelt and abutters. Passed: 5-0. JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent). CAROL THORNE motioned and JOHN CHAPIN seconded to waive Planning Board Regulation #1, 1)a). Passed: 5-0 (MERSEREAU absent). Agenda Item #7 – Site Plan – Memorial Middle School – South Portland School Department – Temporary Portable Library Building – 120 Wescott Road The South Portland School Department has requested site plan approval for a 28’ x 60’ temporary portable building to house Memorial Middle School’s library. Because of poor air quality in the school’s library, the School Department has been forced to close Memorial’s library. The portable building will be located within the school’s teacher parking lot and in close proximity to the school. The area is identified as Assessor’s Map 52, Lot 3, located within the Residential District A. Spokespersons for the applicant: Alan Hawkins, Principal, Memorial Middle School David Brochu, Director, Buildings and Grounds PUBLIC HEARING: The following person addressed this item: Blake Morton, 93 Wescott Rd. – concerned with wires running along ground from pole; the ramp; the number of egresses; the protection of the propane tank; if ADA regulations were being followed; not in the best location; and if contaminated books would be cleaned. The Planning Board discussed the change of use from library to classrooms; handicap access; protecting utilities and propane tank; and re-location of parking spaces. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 6 JANUARY 8, 2002 JOHN CHAPIN motioned and CAROL THORNE seconded to approve the waivers of Ord. Sec. 24-39(f)(1) requiring underground utilities and Planning Board Regulation #4 requiring the GIS diskette, and approve the site plan for a portable building at 120 Wescott Road, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. If this temporary structure remains after the seven-month lease expires, the structure will be deemed permanent and the School Department will be required to submit a full site plan application to the Planning Board for their review. 3. The applicant shall meet all requirements as to accessibility and student safety, and for protection in regards to the propane tank. Passed: 5-0 (MERSEREAU absent). DAVID SAWYER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent). Agenda Item #8 - Public Comment on Items not on the Agenda No public comment. Agenda Item #9 - Comments from the Planning Board and Planning Director David Sawyer complimented the Planning Department on the use of aerial photographs. He finds them very helpful. Agenda Item #10 - Adjournment CAROL THORNE motioned and CRAIG BABBIDGE seconded to adjourn. Passed: 5-0 (MERSEREAU absent). The meeting adjourned at 11:25 P.M. SUSAN CUMMINGS Planning Board Secretary January 8, 2002 APPROVED 1/22/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 7 JANUARY 22, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER CRAIG BABBIDGE JUDY CARPENTER Members Absent: KATHLEEN MERSEREAU District 3 vacant Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of January 22, 2002 Meeting JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the minutes of January 22, 2002. Passed: 5-0 (MERSEREAU absent). Agenda Item #2A – Consent Calendar – Release of Performance Guarantee – Ronald Blanchard – Broadway Self-Storage & Broadway Industries – 2066 Broadway Agenda Item #2B - Release of Performance Guarantee – Discount Tire & Battery – 380 Main Street DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the release of the Performance Guarantees for 2066 Broadway and 380 Main Street. Passed: 5-0 (MERSEREAU absent). Agenda Item #3 – Preliminary Subdivision – RiverPlace Development LLC – 80 Second Street – RiverPlace Luxury Apartments RiverPlace Development LLC has submitted a preliminary subdivision application for the construction of RiverPlace, a 144-unit, luxury-apartment complex on 10.6 acres. Four buildings will be constructed within the complex that will include tennis courts, a clubhouse, and a swimming pool. The area is identified as Assessor’s Map 8, Lot 82A, and Map 9, Lot 170, located within the Commercial District C and Shoreland Area. PUBLIC HEARING: The following people addressed this item: Katherine Loring, Breakwater Drive – it’s a plus for the City to get a RAM project and it will be an improvement to the site. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 8 JANUARY 22, 2002 Sam Wright, 294 High St. – the developer has been good about meeting with the neighborhood. David Watts, 296 High St. – urges the Board to approve the project. Larry Albert, 98 Margaret St. – thanks the developer for meeting with the neighborhood; the project will be a pleasant change from the eyesore that’s there now. Kathy Latendresse, 199 High St. – her only concerns are with traffic in the area. Spokespersons for the applicant: Howard Goldenfarb, President, RAM Management and RiverPlace Development LLC Brian Gagne, RAM Management John Berggren, RAM Management Greg Mikalides, Appledore Engineering The Planning Board discussed the infrastructures currently in the ground and their locations; shoreland protection; improvements to the shoreland area; type of gates; disposal of demolition debris; inspection of soil for contamination; drainage system; process of converting to condominium units; former paper streets; Department of Environmental Protection permit; location of garage spaces; parking; snow removal; location of walkway; improvements to Mussey Street; buffering; the geo-technical investigation; and landscaping. DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the preliminary major subdivision for 80 Second Street and the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 5-0 (MERSEREAU absent). JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent). Agenda Item #4 – Site Plan – Lot #14 Cummings Road Business Park – APEX, Inc. – 280 Gannett Drive Apex, Inc. requests site plan approval to construct a 34,375 square foot single-story office building located on Lot #14 within the Cummings Road Business Park. Apex, Inc. is constructing this building on speculation. The building will be constructed in a way to support three separate tenants. The area is identified as Assessor’s Map 85, Lot 14, located within the Light Industrial District IL. PUBLIC HEARING: No comment. Jeffrey Perry, Sebago Technics, Inc. Spokesperson for the applicant: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 9 JANUARY 22, 2002 The Planning Board discussed the traffic light contribution; soil tests; drainage system; parking; traffic study; and the length of time for the approval. JOHN CHAPIN motioned and CAROL THORNE seconded to approve the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention and 27-48(a) time limitations, to extend the approval deadline to January 22, 2004, and approve the site plan for 280 Gannett Drive, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to obtaining a building permit, the applicant shall submit to the Planning Director: A. Evidence of an executed sewer user agreement between the applicant and the City of Westbrook; B. The required GIS diskette; C. Submittal of the $5,000.00 signal contribution towards the Cummings Road/Gannett Drive light. Passed: 5-0 (MERSEREAU absent). JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent). Agenda Item #5 – Amended Site Plan – Plastic & Hand Surgical Associates – 244 Western Avenue – Miller Doil Drive – 244 Western Avenue Associates, LLC 244 Western Avenue Associates, LLC request amended site plan approval to construct a 3,885 square foot addition to their existing medical office building located at 244 Western Avenue. The area is identified as Assessor’s Map 67, Lots 20 & 21, located within the Suburban Commercial District CS. Spokesperson for the applicant: PUBLIC HEARING: Jeffrey Perry, Sebago Technics, Inc. No comment. The Planning Board discussed the drainage system; utilities; trail surface; the design of the additions; and the retaining walls. CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention, and approve the amended site plan for 244 Western Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to building permits being issued, the applicant shall: A. Submit the required GIS diskette for the property. Passed: 5-0 (MERSEREAU absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 10 JANUARY 22, 2002 JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent). Agenda Item #6 - Public Comment on Items not on the Agenda No public comment. Agenda Item #7 - Comments from the Planning Board and Planning Director No comment. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 5-0 (MERSEREAU absent). The meeting adjourned at 9: 33 P.M. SUSAN CUMMINGS Planning Board Secretary January 22, 2002 Approved 2/12/02 A workshop on the preliminary plans for Kaler and Small Elementary Schools immediately followed the meeting. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 11 FEBRUARY 12, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE KATHLEEN MERSEREAU Member Absent: JUDY CARPENTER Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of the Minutes of the January 22, 2002 Meeting JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the minutes of January 22, 2002. Passed: 4-0 (CARPENTER absent)(COX, MERSEREAU abstained). Agenda Item #2A - Consent Calendar – Extension of Site Plan Approval – George Drivas – 262 Front Street – Dianna Shores Apartments CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve a waiver of Ord. Sec. 27-148 Time Limitations and approve the extension of site plan approval for 262 Front Street for six months, to August 22, 2002, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. This approval shall incorporate the August 22, 2000 Planning Board Findings of Fact. Passed: 6-0 (CARPENTER absent) CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact for 262 Front Street. Passed: 6-0 (CARPENTER absent). Craig Babbidge asked to abstain from participating in Item #2B because of a conflict of interest. DAVID SAWYER motioned and CAROL THORNE seconded to allow Mr. Babbidge to abstain from participating in Item #2B. Passed: 5-0 (BABBIDGE abstained) (CARPENTER absent). Agenda Item #2B - Consent Calendar – Re-approval of Lapsed Site Plan – Sprague Energy – 27R Main Street – Access Road and Truck Scale MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 12 FEBRUARY 12, 2002 DAVID SAWYER motioned and CAROL THORNE seconded to re-approve the site plan for 27R Main Street, and approve a waiver of 27-148 Time Limitations in order to extend the site plan approval for 1-year, to February 12, 2003. Passed: 5-0 (BABBIDGE abstained) (CARPENTER absent). DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (BABBIDGE abstained) (CARPENTER absent). Craig Babbidge stated that he does not believe that he has a conflict with Agenda Item 2C and would like to participate. CAROL THORNE motioned and KATHLEEN MERSEREAU seconded to allow Mr. Babbidge to participate in Item #2C because he does not have a conflict of interest. Passed: 5-0 (BABBIDGE abstained) (CARPENTER absent). CAROL THORNE motioned and DAVID SAWYER seconded to waive Planning Board Regulation #1,1)a) for Item #2C. Passed: 6-0 (CARPENTER absent). Agenda Item #2C - Consent Calendar – Amended Major Subdivision – Western Avenue Crossing Subdivision – V & E Enterprises, Inc. KATHLEEN MERSEREAU motioned and CAROL THORNE seconded to approve the amended major subdivision for Western Avenue Crossing, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 6-0 (CARPENTER absent). DAVID SAWYER motioned and KATHLEEN MERSEREAU seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #3 – Amended Site Plan – JOOD, Inc. – 330 Sawyer Street – Victoria Court JOOD, Inc. has requesting amended site plan approval in order to modify a number of items previously approved by the Planning Board. The proposed amendments include: relocation of the sign; relocation of the dumpster; installation of approximately 105-feet of storm pipe with two catch basins; installation of pressure treated wood decks; location of the “gang” mailbox; and Replacement of a 24” diseased Sugar Maple. The property is identified as Assessor’s Map 9, Lot 35A located within the Residential District G. Spokesperson for the applicant: David Kamila, Land Use Consultants Public Hearing: The following people addressed this item: Michael Hill, attorney for JOOD, Inc. – claimed a possible conflict between David Sawyer and the applicant through his builder, Joe Frustaci MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 13 FEBRUARY 12, 2002 David Sawyer addressed this claim and said he has no interest in this project; the builder is suing the City on another matter and has named Mr. Sawyer in the suit; and Mr. Sawyer would like the Board to vote on whether he has a conflict. CAROL THORNE motioned and CRAIG BABBIDGE seconded to allow Mr. Sawyer to participate in Item #3. Passed: 5-0 (SAWYER abstained)(CARPENTER absent). Carol Thorne read a letter from Alan Nye, attorney for Victoria Court owners, into the record. Joe Frustaci, Cape Elizabeth – addressed stormwater calculations and rainfall amounts. Mary Finnegan, 330 Sawyer St. – drainage problems continue. Cyrus Hagge, Portland – discussed drainage system. Steve Bushey, engineer – made a site visit; available to answer questions. Alan Nye, attorney – addressed drainage issues. The Planning Board discussed the changes being asked for in this amendment, and if an acceptance of these changes can be separated from the entire site plan. They discussed the possibility of extending the expiration date of the performance guarantees; the design of the original drainage system; and asking for drainage calculations and contours. DAVID SAWYER motioned and CAROL THORNE seconded to postpone this item to March 12, 2002 with a request that the applicant bring in stormwater calculations that match the plan submitted, as well as, as-built grades, and that the Board conducts a site walk before the next meeting. Passed: 6-0 (CARPENTER absent). A site walk by the Board will take place on February 26, 2002 at 5 P.M. Agenda Item #4 – Amended Site Plan – Frederick W. Pape III and FWP Realty, LLC - Pape Mitsubishi – 2123 Broadway – Expansion of Display Parking Lot Frederick W. Pape III and FWP Realty, LLC are requesting amended site plan approval to develop a parking lot/display area expansion to their Mitsubishi dealership at 2123 Broadway. Pape has recently purchased three parcels (2-homes) along this section of Broadway and has received an easement from PWD for the crossing of their land to gain access to the acquired property. In the easement negotiations, Pape and PWD also entered a land exchange that benefited both parties. The applicant is proposing to expand the vehicle display area by providing an additional 130 parking spaces. The lots are identified as Assessor’s Map 65, Lot 23A, 24, 25, & 26 located within the Commercial District C. PUBLIC HEARING: No comment. Spokesperson for the applicant: Bob Metcalf, Mitchell & Assoc. The Planning Board discussed the drainage system; emergency access; lighting; temporary signs; curbing; traffic; number of employees; dumpster location; and snow removal and storage. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 14 FEBRUARY 12, 2002 CRAIG BABBIDGE motioned and DAVID SAWYER seconded to approve the waiver of Ord. Sec. 24-43(C)(2) requiring on-site detention of stormwater, and approve amended site plan for 2123 Broadway, with the following conditions: 1. Planning Board Regulations #5. 2. Prior to submitting performance bonds the applicant shall submit the required GIS diskette for the property. 3. The use of portable signs are prohibited from this site. 4. The 1,000-watt lights will be turned off at the closing of hours of operation as long as there is a residential use in the abutting parcel. Passed: 6-0 (CARPENTER absent). DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #5 – Robert Ketzer & Patricia Van Tuyl – 73 School Street – Apartments Robert Ketzer & Patricia Van Tuyl are requesting site plan approval to convert an existing abandoned building into a two-unit apartment building at 73 School Street. A third unit has been shown on the plans and will be constructed later. A building envelope for a third unit has been shown on the plans, which will be a single family home. The area is identified Assessor’s Map 6, Lot 57 & 58, this is a 15,356 square foot lot located within the Residential District G. DAVID SAWYER motioned and KATHLEEN MERSEREAU seconded to postpone this item to the meeting of February 26, 2002. Passed: 6-0 (CARPENTER absent). KATHLEEN MERSEREAU motioned and JOHN CHAPIN seconded to postpone Agenda Item #8 to February 26, 2002. Failed: 2-3 (COX, SAWYER,THORNE) (BABBIDGE,CARPENTER absent). Agenda Item #6 – Boys & Girls Club of Greater Portland – 169 Broadway – Building Expansion The Boys & Girls Club is requesting special exception & site plan approval to construct a 4,188 square foot addition to their existing building located at 169 Broadway. The buildin g addition will allow the Club to better serve existing members by relocating existing club activities into dedicated rooms. The area is identified as Assessor’s Map 9, Lots 305, 306, 307, & 317, located within the Residential District G. Spokespersons for the applicant: Richard Renner, Van Dam & Renner PUBLIC HEARING: The following people addressed this item: Charles Hamlin, School St. – great project; fence next to Greenbelt. Michelle Devoe, 242 School St. – great project; fence not needed. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 15 FEBRUARY 12, 2002 The Planning Board discussed the length of time for the approval; parking; drainage; the ten-foot fence; the hours of operation; and the number of employees. DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the waivers of Ord. Sec. 24-43(C)(2) and 24-39(f)(1), and approve the special exception and site plan for 169 Broadway, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 6-0 (CARPENTER absent). JOHN CHAPIN motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #7 – Preliminary Subdivision – Gary Smith – Hill Crest Subdivision - Wescott Rd. Gary Smith has submitted a preliminary major subdivision application for his proposed Hill Crest Subdivision off from Wescott Road. This is a single-phase subdivision consisting of ten (10) lots on 4.03 acres. Gary Smith proposes lots ranging in size from 12,898 SF to 19,154. Mr. Smith proposes to relocate the existing branch library and golf course parking from adjacent to the Wescott Road right-of-way to along the east side of the Branch Library and Golf Course Clubhouse. The property is identified as Assessor’s Map 52, Lot 40 within the Residential District A. Spokesperson for the project: David Kamila, Land Use Consultants PUBLIC HEARING: The following people addressed: Rick Dobson, CCCS – concerned about the fill needed for the project. The Planning Board discussed the location of the handicapped parking spaces; the catchbasins, drainage swale, and drainage system; the maintenance of the detention basin; snow storage; the quantity of fill; adding language to the deeds on wetlands and nearness to golf course; sidewalks; adding a notation to the plat concerning wetlands; buffering; curbing waiver; sanitary sewer; and a crosswalk on Wescott Road. DAVID SAWYER motioned and CAROL THORNE seconded to approve the waivers for: 1. Ord. Sec. 24-42(B) requiring vertical curbing 2. Ord. Sec. 24-41(d) requiring sidewalks on both sides of a local road 3. Ord. Sec. 24-42(B) requiring a 3% grade within 75 feet of an intersection 4. Ord. Sec. 24-42(C) requiring a cul-de-sac at the end of a dead-end roadway, and approve the preliminary major subdivision for Hill Crest on Wescott Road, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. A sidewalk shall be built on Wescott Road to the east end of Lot #1 with a cross-hatched crosswalk across Wescott Roadto the school. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 16 FEBRUARY 12, 2002 3. Include a revision of the parking plan as depicted in the hand-out. Passed: 6-0 (CARPENTER absent). CRAIG BABBIDGE motioned and STANLEY COX seconded to approve the Findings of Fact. 5-0 (CARPENTER, CHAPIN absent). Agenda Item #8 - Amended Site Plan – Burlington Coat Factory – 443 Western Avenue Burlington Coat Factory is requesting amended site plan approval to construct a 10,052 square foot building addition to their existing building located at 443 Western Avenue. As part of the proposal, 52 parking spaces will be developed and the drainage and landscaping will be improved within the rear of the plaza. The area is identified as Assessor’s Map 48, Lot 2E, located within the Central & Regional Commercial District. Spokesperson for the project: John Mitchell, Mitchell & Associates PUBLIC HEARING: No comment. The Planning Board discussed stormwater run-off; sidewalks; detention basin reconstruction; and utilities. CRAIG BABBIDGE motioned and KATHLEEN MERSEREAU seconded to approve the amended site plan for 244 Western Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to building permits the applicant shall submit the required GIS diskette for the property. Passed: 5-0 (CARPENTER, CHAPIN absent). DAVID SAWYER motioned and CAROL THORNE seconded to approve the Findings of Fact. 5-0 (CARPENTER, CHAPIN absent). Agenda Item #9 - Public Comment on Items not on the Agenda No public comment. Agenda Item #10 - Comments from the Planning Board and Planning Director Carol Thorne asked to have copies of the escrow chart made for all the Planning Board members. Craig Babbidge asked why the City Engineer did not always comment on plans. Tex Haeuser thanked Jim Gailey and Susan Cummings for their work on Planning Board meetings. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 17 FEBRUARY 12, 2002 Agenda Item #11 - Adjournment KATHERINE MERSEREAU motioned and CAROL THORNE seconded to adjourn. Passed: 5-0 (CARPENTER, CHAPIN absent). The meeting adjourned at 12:10 P.M. SUSAN CUMMINGS Planning Board Secretary February 12, 2002 Approved 3/12/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 18 MARCH 12, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER Members Absent: KATHLEEN MERSEREAU Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of February 12, 2002 Meeting DAVID SAWYER motioned and STANLEY COX seconded to approve the minutes of February 12, 2002. Passed: 5-0 (MERSEREAU absent)(CARPENTER abstained). Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – 207 Gannett Drive – Chris Wagner Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – 110 Duck Pond Road – Duck Pond Subdivision JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the release of the Performance Guarantees for Items #2A & 2B. Passed: 6-0 (MERSEREAU absent). Agenda Item #3 – Amended Site Plan – JOOD, Inc. – 330 Sawyer Street – Victoria Place JOOD, Inc. has requested a amended site plan in order to modify a number of items previously approved by the Planning Board. The proposed amendments include: relocation of the sign; relocation of the dumpster; installation of approximately 105-feet of storm pipe with two catch basins; installation of pressure treated wood decks; location of the “gang” mailbox; and Replacement of a 24” diseased Sugar Maple. The property is identified as Assessor’s Map 9, Lot 35A located within the Residential District G. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to postpone the item to April 9, 2002. Passed: 6-0 (MERSEREAU absent). Agenda Item #4 – Robert Ketzer & Patricia Van Tuyl – 73 School Street – Apartments MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 19 MARCH 12, 2002 Robert Ketzer & Patricia Van Tuyl request site plan approval to convert an existing abandoned building into a two-unit apartment building at 73 School Street. A third unit has been shown on the plans and will be constructed later. A building envelope for a third unit has been shown on the plans, which will be a single family home. The area is identified as Assessor’s Map 6, Lot 57 & 58. This is a 15,356 square foot lot located within the Residential District G. PUBLIC HEARING: The following people addressed this item: Aileen K-Martello, 31 Oak St. – it’s nice to see historic Red Men’s Hall cleaned and restored; nice addition to the neighborhood. The Planning Board discussed the recording of the deed for the property; parking; curb cuts; and access to the property. DAVID SAWYER motioned and JOHN CHAPIN seconded to postpone the item to March 26, 2002 to allow the applicant the chance to reconfigure the curb cuts to meet City ordinances. Passed: 6-0 (MERSEREAU absent). Agenda Item #5 – Request to Transfer City Owned Land – Jack Hayworth – Burwell Avenue Jack Hayworth is requesting that the City transfer a pie shaped piece of land, which fronts along Burwell Avenue. This parcel is unique in that the small pie shaped parcel has actually been assessed as part of the adjacent parcel, Map 64, Lot 4, owned by Mr. Hayworth. This small pie shaped parcel does not show up on the Assessor’s maps and Mr. Hayworth has been paying the taxes on the land since 1969. The Planning Board will be making a recommendation to the City Council. PUBLIC HEARING: The following people addressed this item: Elford Messer, 75 Landry Circle – agrees that this should be done. Kerry Hammond, 11 Grand View Avenue – prospective buyer of property with her husband; this is needed for access. The Planning Board discussed frontage and the reason for the transfer request. JUDY CHAPIN motioned and JOHN CHAPIN seconded to recommend that the City Council transfer its interest in a 30’ x 100’ x 178’ pie-shaped City tax-acquired parcel being assessed under Assessor’s Map 64, Lot 4, 0 Burwell Avenue, based on the Planning Board’s determination that there are no adverse planning or land use impacts associated with such a transfer. Passed: 6-0 (MERSEREAU absent). Carol Thorne stated that she must recuse herself from this item as she did in the preliminary application by the applicant. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 20 MARCH 12, 2002 Agenda Item #6 – Final Major Subdivision & Site Plan – Robert Adam – 5 Latham Street – The Oaks Robert Adam has submitted a final major subdivision & site plan application for the creation of The Oaks, a 6-unit condominium project to be located on .6 acres at 5 Latham Street. The area is identified as Assessor’s Map 26, Lot 75 within the Residential G District. PUBLIC HEARING: The following people addressed this item: Joseph Hayes, 13 Latham St. – mentioned the change from apartments to condos; concerned with traffic and the impact on the neighborhood. Janet Gaudin, 33 Minott St. – concerned with density, drainage, and buffering. Spokespersons for the applicant: Janet McLaughlin, McLaughlin Associates Steve Tibbetts, Engineer The Planning Board discussed the drainage system; the nearness of the railroad tracks; parking; present and future landscaping; and snow plowing. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve a waiver for 2443(C)(2) requiring on-site detention, and approve the final major subdivision and site plan for The Oaks, 5 Latham Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to the first occupancy permit, the applicant shall submit to the Planning Office a copy of the Condominium Association By-Laws. 3. Prior to the issuance of the last occupancy permit, the applicant shall submit a stamped as-built survey showing the first floor elevations, ½-foot contours within twenty 20 feet of the foundation, and 1-foot contours for the remainder of the site. Prior to the release of the last occupancy permit, the City Engineering Department must review the as-built survey, which will include a site visit, and make a determination that the stormwater drainage system adequately directs stormwater runoff as designed and approved. Passed: 5-0 (MERSEREAU absent)(THORNE abstained). DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (MERSEREAU absent)(THORNE abstained). Agenda Item #7 – Amended Site Plan – AutoZone, Inc. – Lincoln Street AZ AutoParts, a/k/a AutoZone, has requested site plan approval for the construction of a 5,400-sq. ft. building on approximately .69 acre parcel. AZ AutoParts will use the facility for an auto parts retail store. The facility will be solely of retail use; no mechanic bays will be associated with the facility. The lot is identified as Assessor’s Map 33, Lot 10 located within the Commercial District C. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 21 MARCH 12, 2002 PUBLIC HEARING: Joseph Jones, address unknown – would like to see land remain vacant, but otherwise would like to see an attractive building with a brick veneer. Spokesperson for the applicant: Al Palmer, Gorrill-Palmer Consulting Engineers The Planning Board discussed the sewer location; the building design; landscaping; the dumpster enclosure; traffic; lighting; drainage and the hours of operation. JOHN CHAPIN motioned and JUDY CARPENTER seconded to postpone the item to the March 26, 2002 meeting so that the applicant can meet with the Planning staff to discuss enhancement of the building façade, such as a brick façade. Passed: 6-0 (MERSEREAU absent). Agenda Item #8 - Public Comment on Items not on the Agenda No public comment. Agenda Item #8 - Comments from the Planning Board and Planning Director Mr. Babbidge asked about up-coming projects and the amount of time involved for the Board to hear them. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 6-0 (MERSEREAU absent). The meeting adjourned at 10:20 P.M. SUSAN CUMMINGS Planning Board Secretary March 12, 2002 Approved 3-26-02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 22 MARCH 26, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER AT LARGE (B) VACANT Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of March 12, 2002 Meeting CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the minutes of March 12, 2002. Passed: 6-0. Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – Chris Wagner – 207 Gannett Drive JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the release of the $1, 100.00 Performance Guarantee for 207 Gannett Drive. Passed: 6-0. Agenda Item #3 – Site Plan – South Portland School Department – Small Elementary School The City of South Portland School Department requests site plan approval to construct a 24,000 square foot (footprint) building to replace the existing Small Elementary School. The new school facility will include a bus loop, parent drop-off, a 52-space parking lot, new open play areas, and a multi-purpose paved play area. The existing 13,000 SF building will be torn down in 2003. The area is identified as Map 2, Lot 121A, located within the Residential District G. PUBLIC HEARING: The following people addressed this item: Dorothy Anderson, 16 Alder St. – concerns with drainage, lighting, play areas, landscaping, fencing, and the multi-purpose court. Ann-Marie Taylor, 48 Smith St. – concerns with drainage, buffering; and fencing. Mary Howard, 98 Summit St. – concerns with pedestrian & biker safety. Rebecca Morong, 37 Thompson St. – concerns with traffic; add flashing yellow lights. Randy Pike, 62 Grand St. – concerns with parking, traffic, lack of sidewalks and keeping the pond intact. Dan Sullivan, 20 Kittredge Rd. – concerned about pedestrian access for kids, the pond and the fence. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 23 MARCH 26, 2002 Mark Lorello, 24 Kittredge Rd. – concerned about blasting and its effects on abutters and subsurface drainage; the pond; lighting; and keeping the existing footpath used by the kids. He’s happy about the improved fields. Brandt Hatala, 49 Thompson St. – concerned about drainage; traffic; lighting; and life during construction. Kevin Perkins, 53 Ocean View Ave, Small School principal - He presented study on traffic done by one of his classes, and hopes that new school design will alleviate some of the traffic problems. Jeanine Bourke, 61 Lowell St. – appreciates recreation fields and facilities. Asked if any parts of the old school will be salvageable during construction. Has concerns about lighting. Spokespersons for the applicant: Al Palmer, Gorrill-Palmer Consulting Engineers Bob Metcalf, Mitchell & Associates The Planning Board discussed the construction and demolition plans; traffic; parking; pedestrian access; signage for directing traffic; adding flashing yellow lights; drainage; protecting the pond; blasting procedures; lighting; landscaping; fencing; stabilized turf; snow removal; newsletter to residents; and crosswalks. CRAIG BABBIDGE motioned and DAVID SAWYER seconded to approve the Site Plan for 87 Thompson Street with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to obtaining building permits, the applicant shall: A. Receive written permission from the City Council to use areas of the former unbuilt portion of Day Steet, which are subject to a reserved access easement, according to the approved plan; and B. The applicant shall submit the required GIS diskette for the property. STANLEY COX motioned and JUDY CARPENTER seconded to amend the main motion to delete the painted strip (walkway) and move the walkway to the islands. Failed: 1-5 (BABBIDGE, CARPENTER, CHAPIN, SAWYER, THORNE). JOHN CHAPIN motioned and STANLEY COX seconded to amend the main motion by adding a condition to pave the area which is designated as stabilized turf. Failed: 3-3 (Babbidge, Cox, Carpenter). Passed: 6-0. JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #4 – Site Plan – South Portland School Department – Kaler Elementary School MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 24 MARCH 26, 2002 The City of South Portland School Department requests site plan approval to construct a 24,000 square foot (footprint) building to replace the existing Kaler Elementary. The new school facility will include a bus loop, parent drop-off, a 64-space parking lot, new open play areas, and a multi-purpose paved play area. The existing Kaler School will be torn down. The area is identified as Map 25, Lot 268, located within the Residential District G. PUBLIC HEARING: Timothy Carr, 31 Hoyt St. – had questions about the fencing, landscaping, drainage, stormwater run-off, and the fire lane. Spokespersons for the applicant: Al Palmer, Gorrill and Palmer Consulting Engineers Robert Metcalf, Mitchell & Associates The Planning Board discussed the fire lane; the play area; parking; traffic; pedestrian crosswalks; directional signage; landscaping; fencing; drainage; and stormwater run-off. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the waiver of Ord. Sec. 24-43(c)(2) and approve the Site Plan with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to building permits, the applicant shall submit the required GIS diskette to the Planning Office. Passed: 6-0. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #5 – Robert Ketzer & Patricia Van Tuyl – 73 School Street – Apartments Robert Ketzer & Patricia Van Tuyl requests site plan approval to convert an existing abandoned building into a two-unit apartment building at 73 School Street. A third unit has been shown on the plans and will be constructed later. A building envelope for a third unit has been shown on the plans, which will be a single family home. The area is identified as Assessor’s Map 6, Lot 57 & 58. This is a 15,356 square foot lot located within the Residential District G. PUBLIC HEARING: No comment. The Planning Board discussed the deeds, curb cuts, and monumentation. DAVID SAWYER motioned and CRAIG BABBIDGE seconded to approve the waivers of Ord. Sec. 24-43(c)(2), Ord. Sec. 24-39(F)(1), Planning Board Regulation #4, and Ord. Sec. 27-146(I), and approve the Site Plan for 73 School Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 25 MARCH 26, 2002 2. Prior to the issuance of building permits, the applicant shall submit to the Planning Department and the Corporation Counsel an amended deed stipulating that the two lots can no longer be separated. Passed: 6-0. JUDY CARPENTER motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #6 – Amended Site Plan – AutoZone, Inc. – Lincoln Street AZ AutoParts, a/k/a AutoZone, has requested site plan approval for the construction of a 5,400-sq. ft. building on approximately .69 acre parcel. AZ AutoParts will use the facility for an auto parts retail store. The facility will be solely of retail use; no mechanic bays will be associated with the facility. The lot is identified as Assessor’s Map 33, Lot 10 located within the Commercial District C. PUBLIC HEARING: No comment. Al Palmer, Gorrill & Palmer Consulting Engineers Spokesperson for the applicant: The Planning Board discussed the dumpster enclosure; the landscaping; and the building façade. CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve a waiver of Ord. Sec. 24-43(C)(2) and approve the Site Plan for 436 Lincoln Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The use of portable signs or plastic/nylon pennants/banners will be prohibited on this site. 3. Prior to the issuance of occupancy permits, the applicant will need to submit the required GIS diskette. Passed: 6-0. CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #7 – Amended Site Plan – Global Companies LLC – 1 Clark Street – New Tank MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 26 MARCH 26, 2002 Global Companies LLC has submitted an amended site plan application for a proposed 163,666-barrel petroleum storage tank at their existing oil terminal. The proposed tank is a modification to an 110,000-barrel tank that was previously approved by the Planning Board in 1998, but never installed. The area is identified as Assessor’s Map 26, Lot 76, and Map 33, Lot 125, in the Commercial District C. Spokesperson for the applicant: PUBLIC HEARING: Steve Bushey, DeLuca-Hoffman Associates No comment. The Planning Board discussed the reason for the 75-foot waiver; the size of the tank; and the life of the tank. CRAIG BABBIDGE motioned and CAROL THORNE seconded to approve the waivers of Ord. Sec. 24-43(c)(2) and 27-259(d)(1) and approve the Amended Site Plan for 1 Clark Street, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #8 - Public Comment on Items not on the Agenda No public comment. Agenda Item #9 - Comments from the Planning Board and Planning Director Carol Thorne asked for the Board’s thinking on conducting a site walk of the Hawthorne Woods site. The Board decided that holding a workshop after the April 9, 2002 meeting would be better, and a site walk could be decided on at that time. Craig Babbidge asked about the Planning Board’s jurisdiction on building construction and elevations. He also asked about the portable sign prohibition attached as a condition to several projects. Carol Thorne reported on the bill in the Legislature having to do with subdivisions. Agenda Item #9 - Adjournment CRAIG BABBIDGE motioned and STANLEY COX seconded to adjourn. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 27 MARCH 26, 2002 Passed: 6-0. The meeting adjourned at 11:36 P.M. SUSAN CUMMINGS Planning Board Secretary March 26, 2002 APPROVED 4/9/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 28 APRIL 9, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER* STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON *Arrived 8:00 P.M. Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. She announced that Agenda Item #6 would be moved to Agenda Item#1A. Agenda Item #1 - Approval of Minutes of March 26, 2002 Meeting CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the minutes of March 26, 2002 with the addition of the first amendment, moved by Stanley Cox and seconded by Judy Carpenter, to the Main Motion for Agenda #3. Passed: 6-0 (SAWYER absent). Agenda Item #1A – Preliminary Major Subdivision – Hawthorne Woods – Brookview Development, LLC – Fickett Street CAROL THORNE motioned and CRAIG BABBIDGE seconded to postpone Item #1A to the next regularly scheduled meeting on April 23, 2002, and to schedule a site walk of the property for April 18, 2002 at 5:45 P.M. with a rain date on April 19, 2002. Passed: 6-0 (SAWYER absent). Agenda Item #2A - Consent Calendar – Extension of Site Plan – Time Limitations – Robert Kimball – 2108 Broadway JUDY CARPENTER motioned and STANLEY COX seconded to approve the extension of the Site Plan approval of May 8, 2001 to May 8, 2003, and approve the waiver of Ord. Sec. 27-148, Time Limitations, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 6-0 (SAWYER absent). JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0 (SAWYER absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 29 APRIL 9, 2002 Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – Chris Wagner – 100 Gannett Drive Agenda Item #2C - Consent Calendar - Release of Performance Guarantee – Packard Development – 200 Running Hill Road CAROL THORNE motioned and CRAIG BABBIDGE seconded to approve the release of the Performance Guarantees for 100 Gannett Drive and 200 Running Hill Road. Passed: 6-0 (SAWYER absent). Agenda Item #3 – Amended Site Plan – JOOD, Inc. – Victoria Place Condominiums JOOD, Inc. is requesting an amended site plan in order to modify a number of items previously approved by the Planning Board. The proposed amendments include: relocation of the sign; relocation of the dumpster; installation of approximately 105-feet of storm pipe with two catch basins; installation of pressure treated wood decks; location of the “gang” mailbox; and Replacement of a 24” diseased Sugar Maple. The property is identified as Assessor’s Map 9, Lot 35A located within the Residential District G. Spokesperson for the applicant: PUBLIC HEARING: David Kamila, Land Use Consultants Joe Frustaci, Builder The following people addressed this item: Alan Nye, Attorney for the owners – they agree with Mr. Haeuser’s conditions; the outside lighting hasn’t been added yet; back gutters are necessary. Steve Bushey, DeLuca-Hoffman, engineer for the owners – 8” stone is fine; gutters are needed on the back to pull water away from the back walls. The Planning Board discussed the various drains; the swales; the re-shaping of the berms; holding the erosion control bond until all items are approved; gutters on the back; Unit #9 depression; catch basins; installing a French drain around the property; system maintenance; foundation grading; front gutters; sump pumps; the re-grading of the entire site; screening the dumpster; location of the sign; extension of the Performance Guarantees to March 31, 2003. and outside lighting. JOHN CHAPIN motioned and CAROL THORNE seconded to approve Amended Site Plan for Victoria Place, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The re-grading behind Units 11 & 12 associated with the trench drain must create a minimum 12‖ depression, and the slopes on either side of the trench may not exceed a 5:1 slope. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 30 APRIL 9, 2002 3. For the construction of the field inlet into catchbasin #2, the adjacent riprap stone must extend to the top of the surrounding ground. The stone sizing shall be 8‖ inches, and the inlet pipe must be mitered to match the slope of the ground. 4. The gutter downspouts shall be extended by the applicant as directed by the condominium association officers. 5. Prior to the start of any earth work, the applicant and his earth moving contractor shall meet with City Engineering and Planning staff to determine a mutually agreeable plan for when the grading and other earth work can reasonably be done, which may depend in part on the amount of moisture in the ground, and how it will be accomplished. In addition, the Engineering Department shall conduct inspection and monitoring during the site work. 6. If it does not prove feasible to complete all site plan work and submit new as-built drawings prior to 5/21/02, the applicant will submit to the Planning Director by 5/24/02 a new or extended public improvements and erosion control performance guarantee that will remain in effect until 3/31/03. If the performance guarantee does need to be extended, City Planning staff will place an item for release of the public improvements and erosion control performance guarantee on the agenda of the first regularly scheduled Planning Board meeting following receipt of a statement from the City Engineer that he is satisfied that the project has been completed as approved. If the site work and as-builts are completed to the satisfaction of the City Engineer prior to 5/21/02, City Planning staff will place an item on the agenda of the 5/28/02 Planning Board meeting for release of the public improvements and erosion control performance guarantee. The above notwithstanding, it will be possible for the public improvements portion of the performance guarantee to be released separately from the erosion control portion in accordance with City ordinance. 7. The applicant will install roof gutters with extended downspouts along the rear of all of the units. These rear gutters shall be the same in design and color as those in the front of the units. 8. The applicant will be responsible for the installation of a shielded single-pole light for the dumpster. STANLEY COX motioned and PAUL NIXON seconded to amend the Main Motion to require the developer to install a French drain, on the east and south sides of the site, to drain into the swales and/or catchbasins one and two. Failed: 2-4 (BABBIDGE, CARPENTER, CHAPIN, THORNE)(SAWYER arrived late). Main Motion Passed: 4-2 (COX, NIXON)(SAWYER arrived late). CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0. Carol Thorne asked to be excused because the applicant for Item #4 is her client. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 31 APRIL 9, 2002 JOHN CHAPIN moved and CRAIG BABBIDGE seconded to allow Carol Thorne to recuse herself on this item. Passed: 6-0 (THORNE abstained). Agenda Item #4 – Request to Purchase Tax Acquired Land – Robert Adam – 0 Strout Street Robert Adam is requesting to purchase a tax-acquired parcel of land, which fronts along Strout Street. The parcel of land, Map 40, Lot 126, is 6,403 square feet in size. The City’s Finance Office records show that this parcel is Tax-Acquired and has been for some time. The Planning Board will make a recommendation to the City Council. PUBLIC HEARING: Debrah King, 101 Strout St. – had a question last year about purchasing the property & did not receive an answer; concerned about repair of street after utilities connected. CRAIG BABBIDGE motioned and STANLEY COX seconded to recommend that the City Council sell the tax-acquired lot, Assessor’s Map 40, Lot 126, 0 Strout Street, based on the Planning Board’s determination that there are no adverse planning or land use impacts associated with such a sale. Discussion included concern with a possible financial impact to the City’s schools; putting the lot out to bid; and the tax-acquired status of the lot. Passed: 4-2 (CARPENTER, COX)(THORNE abstained). Stanley Cox and Craig Babbidge disclosed a relationship with either the engineering company or the construction company, but feel they have no conflict. JOHN CHAPIN motioned and JUDY CARPENTER seconded to allow both members to participate in Item #5. Passed: 5-0 (COX, BABBIDGE abstained). Agenda Item #5 – Site Plan – Outback Steakhouse – Western Avenue Crossing Subdivision Outback/New England-II, Limited Partnership has requested site plan approval for their proposed 6,115 SF restaurant with parking for 104 vehicles located on Lot 3 of the Western Avenue Crossing Subdivision. The lots are identified as Assessor’s Map 50, Lot 203 and a portion of 202 located within the Transitional Central & Regional Commercial District Spokesperson for the applicant: Shawn Frank, Sebago Technics Inc. Vincent Maietta, V & E Construction PUBLIC HEARING: No comment. The Planning Board discussed the neon sign which encircles the building; traffic flow; landscaping; security lighting; delivery trucks; parking and the right-of-way from Redbank Apartments. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 32 APRIL 9, 2002 STANLEY COX motioned and JUDY CARPENTER seconded to approve the Site Plan for Outback Steakhouse, 147 Western Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to building permits, the applicant will be responsible for the submittal of the required GIS diskette. 3. The applicant will be prohibited from installing the neon strip along the rear of the Outback building. 4. Lights on the building, except security, will be turned off one hour after closing. Passed: 7-0. JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #7 - Public Comment on Items not on the Agenda No public comment. Agenda Item #8 - Comments from the Planning Board and Planning Director Tex Haeuser – the joint meeting with Scarborough on the review of the Walter C. Neilsen Business Park will take place on May 8, 2002 at Scarborough at 7 P.M. Carol Thorne – on May 1, 2002 a public hearing will be held at the Community Center at 7 P.M. on the Noise Ordinance draft for the City. David Sawyer – asked about any action being pursued to make City road standards more flexible or more creative. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 7-0. The meeting adjourned at 10:35 P.M. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 33 APRIL 9, 2002 SUSAN CUMMINGS Planning Board Secretary April 9, 2002 Approved 4-23-02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 34 APRIL 23, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: CRAIG BABBIDGE Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of April 9, 2002 Meeting JUDY CARPENTER motioned and DAVID SAWYER seconded to approve the minutes of April 9, 2002. Passed: 6-0 (BABBIDGE absent). Agenda Item #2A - Consent Calendar - Special Exception & Modified Site Plan – Chicago Dogs at Home Depot – 300 Clarks Pond Parkway JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Special Exception and Modified Site Plan for Chicago Dogs, 300 Clarks Pond Parkway, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 6-0 (BABBIDGE absent). CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 6-0 (BABBIDGE absent). Agenda Item #3 – Preliminary Major Subdivision – Hawthorne Woods – Brookview Development, LLC – Fickett Street Brookview Development Group LLC has requested preliminary approval for their proposed 20-lot Hawthorne Woods subdivision on 19.05 acres located on Fickett Street. Access will come from a single access point along Fickett Street, and all homes are proposed to be on septic systems. The lot is identified as Assessor’s Map 36, Lot 11 and Map 37, Lot 10 located within the Residential District AA. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 35 APRIL 23, 2002 CAROL THORNE motioned and DAVID SAWYER seconded to postpone the Brookview Development Preliminary Subdivision to the May 14, 2002 meeting, with the following waiver: Approve the waiver of Planning Board Regulation #1(6) requiring postponed items to be located at the beginning of the next regularly scheduled meeting. Passed: 6-0 (BABBIDGE absent). Agenda Item #4 – Request for Donation of City Owned Land – Greater Portland Boys & Girls Club – 169 Broadway The Boys & Girls Club requests the donation of a 10’ wide by 77’ long strip of land shown on the Assessor’s maps to be Map 9 Lot 307A. This small parcel is currently surrounded by land owned by the Boys and Girls Club. The Boys and Girls Club would like to acquire this land so that they can include the parcel in their improvements planned for the site during the summer of 2002. The Planning Board will make a recommendation to the City Council. PUBLIC HEARING: No comment. Spokesperson for the applicant: John Lee, Boys & Girls Club The Planning Board discussed the ownership of the piece of property and the wording of the recommendation to the Council. CAROL THORNE motioned and JUDY CARPENTER seconded to recommend that the City Council sell, donate or otherwise release the City’s ownership interest in the land identified as Assessor’s Map 9, Lot 307A, 0 Broadway, based on the Planning Board’s determination that there are no adverse planning or land use impacts associated with the land, with the following conditions: 1. The land shall accommodate any utility lines within the area with appropriate easements. Passed: 6-0 (BABBIDGE absent). Agenda Item #5 - Public Comment on Items not on the Agenda No public comment. Agenda Item #6 - Comments from the Planning Board and Planning Director MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 36 APRIL 23, 2002 The date for the Noise Ordinance public hearing has been changed from May 1 because of a conflict with an important City Council meeting. It will be re-scheduled. Agenda Item #7 - Adjournment JOHN CHAPIN motioned and JUDY CARPENTER seconded to adjourn. Passed: 5-0 (BABBIDGE, SAWYER absent). The meeting adjourned at 7:40 P.M. SUSAN CUMMINGS Planning Board Secretary April 23, 2002 Approved 5/14/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 37 MAY 14, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MARY KAHL, Corporation Counsel CRAIG WORTH, Associate Engineer Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER* STANLEY COX CRAIG BABBIDGE* JUDY CARPENTER PAUL NIXON *arrived late Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of April 23, 2002 Meeting STANLEY COX motioned and JOHN CHAPIN seconded to approve the minutes of April 23, 2002. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #2A - Consent Calendar – P + W Real Estate – Industry Road JOHN CHAPIN motioned and STANLEY COX seconded to approve the Amended Major Subdivision for the Industrial Park Subdivision, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 5-0 (BABBIDGE, SAWYER absent). JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – GLM Associates – 555-565 Westbrook Street Agenda Item #2C - Consent Calendar - Release of Performance Guarantee – Tim Horton’s – 50 Market Street Agenda Item #2D - Consent Calendar - Release of Performance Guarantee – McDonald’s – 419 Gorham Road MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 38 MAY 14, 2002 Agenda Item #2E - Consent Calendar - Release of Performance Guarantee – Long Creek Office Park – 221 Gorham Road JOHN CHAPIN motioned and CAROL THORNE seconded to approve the release of the Performance Guarantees for Items 2B, C, D, & E as stated. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #2F - Consent Calendar – A&M Transmission – 85 Chambers Avenue JOHN CHAPIN motioned and CAROL THORNE seconded to approve the Amended Site Plan for 85 Chambers Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The 12’ x 14’ building shall be sprinkled unless the Deputy Fire Chief informs the Planning Department that this requirement is not necessary. Passed: 5-0 (BABBIDGE, SAWYER absent). JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #3 – Amended Site Plan – Sprague Energy – Kaolin Tanks Sprague Energy Corp. is requesting amended site plan approval for the construction of 4 750,000-gallon kaolin slurry tank located at 7 Main Street. Sprague Energy currently has five kaolin tanks within their tank farm. Sprague currently has one of these 750,000 kaolin tanks (approved last year by the Board) under construction. Installation of these tanks will be phased over four years, with one tank being constructed a year. The area in mention is Assessor’s Map 28, Lot 9, located within the Commercial District C. Spokesperson for the applicant: Tom Dobbins PUBLIC HEARING: No comment. The Board discussed the location of the tanks and the order of construction; the nature of kaolin; the type of roof on the tanks; the presence of any odor; and any conservation hazards. CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve the Amended Site Plan for 7 Main Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The construction of any of the four tanks after 5/14/06 will require a new amended site plan approval. Passed: 6-0 (SAWYER absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 39 MAY 14, 2002 JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 6-0 (SAWYER absent). Carol Thorne disclosed that she had represented the original sellers of property, not Mr. Deschaine, and believes she has no conflict to prevent her from participating in the next item. JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to allow Ms. Thorne to participate. 5-0 (THORNE abstained) (SAWYER absent). Agenda Item #4 – Site Plan – David Deschaine Installations, Inc. – 12 Dunscombe Street David Deschaine requests site plan approval to construct a 2,940 Sf warehouse building at the end of Dunscombe Street. The area in mention is Map 25, Lots 283, and portion of 282 located within the Commercial District C. PUBLIC HEARING: No comment. Spokesperson for the applicant: David Kamila, Land Use Consultants The Planning Board discussed the brush-cutting as recommended by the traffic engineer; the location of the sign; the access to Portland Pipeline property; the type of building; the product to be stored in the building; any outside storage; the number of full-time employees; the hours of operation; parking; the agreement with Portland Pipeline; the location of the utilities; the pavement thickness; type of drainage system; and the status and maintenance of Dunscombe Street. JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve Site Plan for 12 Dunscombe Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The use of portable signs or plastic/nylon pennants/banners will be prohibited on this site. 3. Prior to the issuance of building permits, the applicant will need to submit the following: A. Required GIS diskette B. The executed Joint Agreement between itself & Portland Pipe Line. Passed: 6-0 (SAWYER absent). CRAIG BABBIDGE motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-0 (SAWYER absent). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 40 MAY 14, 2002 Agenda Item #5 – Preliminary Major Subdivision – Hawthorne Woods – Brookview Development, LLC – Fickett Street Brookview Development Group LLC has requested preliminary approval for their proposed 19-lot Hawthorne Woods subdivision on 19.05 acres located on Fickett Street. Access will come from a single access point along Fickett Street, and all homes are proposed to be on septic systems. The lot in mention is Assessor’s Map 36, Lot 11 and Map 37, Lots 9 & 10 located within the Residential District AA. Spokespersons for the applicant: Michael Pearce, Attorney Tim Brown, BH2M Lauren Stockwell, Eco-Analysts, Inc. Mike Abbott, Sevee & Maher Engineers PUBLIC HEARING: The following people addressed this item: Bob Morrill, 160 Fickett St.(included hand-out to the Board), representing H.A.N.A.: the neighborhood has concerns with effect on the environment, traffic, blasting, the quality of life, wetlands, vernal pools, the bedrock on the site & adjacent to the site, and the length of the road. Eugenie Moore, Woodlot Alternatives: the main focus should be wetlands 3 to 6. a hydro-geologist should investigate the area before final approval. Cynthia Thayer, Gillespie & Associates: more can be done to protect wetlands. Rosa Lane, 145 Fickett St. (hand-out): this is an environmentally-sensitive site; reduce to 10 lots and don’t allow waiver for extending road. Ann Morrill, 160 Fickett St.(hand-out): septic systems will contaminate ground & surface water. Jim Boyle, Pennsylvania Avenue, representing Conservation Commission: increase buffer to wetlands to 50’ to 75’; wetlands 3,4 & 5 provide wildlife habitat; the DEP 25’ setback is only a minimum. Eugene Gendron, Jr.: septic systems shouldn’t be allowed. Carol Lynn Kabacoff, 222 Fickett St., Cape Elizabeth: the water flow from the site is directed to her property; require a larger no-cut buffer next to existing homes. Philip Walter, 1095 Sawyer Rd., Cape Elizabeth (hand-out): concerned with blasting – a pre-blasting survey should be done. Rich Petersen, 120 Fickett St.: concerned with the effect on their well water. Kathleen Francis, 145 Fickett St.: concerned with the impact on aquatic life from trace metals; impact on wetlands from blasting; the vernal pools are in danger. Nancy Crowell, 165 Fickett St.(hand-out): the Comprehensive Plan says to maintain the area as is. Chris Vaniotis, Attorney: this project is not ready for preliminary approval according to the subdivision ordinances. After hearing no further requests to speak, the Planning Board Chair, Carol Thorne, closed the Public Hearing for this item. The Planning Board then asked Mr. Pearce if he would like to rebut some of the neighbors’ points, which he did. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 41 MAY 14, 2002 CAROL THORNE motioned and CRAIG BABBIDGE seconded to postpone this item to the next regular meeting on May 28, 2002. Passed: 7-0. Agenda Item #6 - Public Comment on Items not on the Agenda No public comment. Agenda Item #7 - Comments from the Planning Board and Planning Director On May 22 there will be a workshop on the Walter C. Neilsen Business Park in South Portland Council Chambers at 7 pm. On June 4 the South Portland/Scarborough joint review of the Final Subdivision for the Park will be held in Scarborough at 7 pm. Broadway between Pickett Street and Cottage Road – the plan for improvements is moving forward because MDOT wants to do an overlay and the City needs to do its improvements first. Agenda Item #9 - Adjournment JOHN CHAPIN motioned and JUDY CARPENTER seconded to adjourn. Passed: 7-0. The meeting adjourned at 12:01 A.M. SUSAN CUMMINGS Planning Board Secretary May 14, 2002 Approved 5/22/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 42 MAY 22, 2002 SPECIAL MEETING LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: CRAIG BABBIDGE Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of May 14, 2002 Meeting JOHN CHAPIN motioned and STANLEY COX seconded to approve the minutes of May 14, 2002. Passed: 6-0 (BABBIDGE absent). Agenda Item #2A - Consent Calendar DAVID SAWYER motioned and CAROL THORNE seconded to allow Mr. Cox to participate in this item. Passed: 5-0 (BABBIDGE abent)(COX abstained). Agenda Item #3 – Site Plan – Eggspectation Restaurant – Imagine Inc. – Western Avenue Crossing Subdivision Imagine, Inc. has requested site plan approval for their proposed 5,799 SF restaurant with parking for 96 vehicles located on Lots 1 & 2 of the Western Avenue Crossing Subdivision. This restaurant will be Eggspectation, a Canadian chain looking to build their first restaurant in the United States. The parcel is identified as Assessor’s Map 50, Lot 202 and a portion of 201 located within the Transitional Central & Regional Commercial District. PUBLIC HEARING: No comment. Ron Burt, Alliance Construction TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Spokesperson for the applicant: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 43 MAY 22, 2002 The Planning Board discussed the signs; lighting; traffic; parking; landscaping; number of employees; hours of operation; patio design; access ladder on building; hours of deliveries; and sprinkler system. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Site Plan for 125 Western Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The use of portable signs or plastic/nylon pennants/banners will be prohibited on this site. Passed: 6 –0 BABBIDGE absent). DAVID SAWYER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 6-0 (BABBIDGE absent). Agenda Item #4 – Waiving Requirement for Joint Review – Walter C. Neilsen Business Park – Workshop – Outer Broadway The South Portland Planning Board will be acting on waiving the requirements of a joint review between the Town of Scarborough and the City of South Portland Planning Boards. This waiver will allow South Portland to conduct an independent workshop (to follow) on the proposed Walter C. Neilsen Business Park. DAVID SAWYER motioned and JOHN CHAPIN seconded to waive the requirement for a joint review between the Town of Scarborough and the City of South Portland Planning Boards for the workshop to follow the meeting. Passed: 6-0 (BABBIDGE absent). Agenda Item #5 - Public Comment on Items not on the Agenda No public comment. Agenda Item #6 - Comments from the Planning Board and Planning Director Carol Thorne referenced a letter from Michael Pearce, Attorney for Brookview Development, with a request that, at the May 28, 2002 meeting, he be allowed to rebut the issues raised by the opponents to the Hawthorne Woods project. The Board requested that Tex provide it with the pertinent Ordinance standards as discussed by Mary Kahl at the May 14, 2002 meeting. Agenda Item #7 - Adjournment MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 44 MAY 22, 2002 JOHN CHAPIN motioned and STANLEY COX seconded to adjourn. Passed: 6-0 (BABBIDGE absent). The meeting adjourned at 8:15 P.M. SUSAN CUMMINGS Planning Board Secretary May 22, 2002 Approved 5/28/02 WORKSHOP IMMEDIATELY FOLLOWING THE MEETING In a workshop setting, the Planning Board heard the revised plans for the Walter C. Neilsen Business Park. One of the lots within this subdivision will house the future home of the Post Office Distribution Center. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 45 MAY 28, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MARY KAHL, Corporation Counsel CRAIG WORTH, Associate Engineer Members Present: JOHN CHAPIN STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Members Absent: CAROL THORNE, Chair DAVID SAWYER Judy Carpenter called the Planning Board meeting to order at 6:00 p.m. and led the Pledge of Allegiance. SPECIAL MEETING Agenda Item #1 - Approval of Minutes of May 22, 2002 Meeting JOHN CHAPIN motioned and STANLEY COX seconded to approve the minutes of May 22, 2002. Passed: 4-0 (BABBIDGE abstained)(SAWYER, THORNE absent). Agenda Item #2 – Final Major Subdivision & Site Plan – RiverPlace – RiverPlace Development LLC – 80 Second Street RiverPlace Development LLC has submitted a final major subdivision and site plan application for the construction of RiverPlace, a 136 luxury apartment unit complex on 10.6acres. Four buildings will be constructed within the complex that will include tennis courts, clubhouse, and a swimming pool. The area is identified as Assessor’s Map 8, Lot 82A, and Map 9, Lot 170, located within the Commercial District C and Shoreland Area. PUBLIC HEARING: No comment. Howard Goldenfarb, RAM Brian Gagne, Appledore Engineering Spokespersons for the applicant: The Planning Board discussed the removal of hazardous materials from the property; parking for residents, visitors, and employees; the number of employees; green space inside and outside the project; the entrance and exit points; public access to the shoreline; the possible sale of condominium units; signage; and utilities. JOHN CHAPIN motioned and PAUL NIXON seconded to approve the Final Major Subdivision and Site Plan for RiverPlace, 80 Second Street, and approve the waiver of Ord. Sec. 24-43(c)(2), with the following conditions: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 46 MAY 28, 2002 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to the issuance of building permits the applicant shall submit the required GIS diskette to the Planning Office. 3. The project shall accommodate a bus stop within the public area along Mussey Street if and when bus service is provided in that area. Passed: 5-0 (SAWYER, THORNE absent). JOHN CHAPIN motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 5-0 (SAWYER, THORNE absent). Agenda Item #3 – Site Plan – Tim Higgins – Office Building – 609 Main Street Tim Higgins has submitted a site plan application for a four-unit office building. The property fronts along Main Street and Thirlmere Avenue and is a 6,000 SF gravel/paved undeveloped lot. The property fronts along Main Street and Thirlmere Avenue. The property is identified as Assessor’s Map 53, Lot 301A located within the Limited Business District LB. Spokesperson for the applicant: PUBLIC HEARING: None. Janet McLaughlin, McLaughlin Associates The Board discussed the neighbor’s fence; the Comprehensive Plan recommendations for this area; the applicant’s willingness to preserve important tree on the lot; the type of client; sidewalks; drainage; utilities; lighting; storage space; and the location of the entrance. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Site Plan for 609 Main Street, and approve the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to occupancy permits, the applicant must submit the required GIS coordinates to the Planning Department. 3. If the 6-foot high fence on the adjacent property becomes unsafe, unsightly, and/or deteriorated, the applicant shall replace the fence at his/her cost. 4. The applicant shall work with the City arborist for the possible relocation of the tree on the Northeast side of the property. Passed: 5-0 (SAWYER, THORNE absent). CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 5-0 (SAWYER, THORNE absent). REGULAR MEETING Agenda Item #1 – Preliminary Major Subdivision – Hawthorne Woods – Brookview Development, LLC – Fickett Street MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 47 MAY 28, 2002 Brookview Development Group LLC has requested preliminary approval for their proposed 19-lot Hawthorne Woods subdivision on 19.05 acres located on Fickett Street. Access will come from a single access point along Fickett Street, and all homes are proposed to be on septic systems. The lot in mention is Assessor’s Map 36, Lot 11 and Map 37, Lots 9 & 10 located within the Residential District AA. Spokespersons for the applicant: Michael Pearce, Attorney Tim Brown, BH2M Engineers Albert Frick, Soil Scientist & Site Evaluator Mike Abbott, Sevee & Maher Lauren Stockwell, Eco-Analysts PUBLIC HEARING: Cynthia Thayer, Gillespie & Associates Eugenie Moore, Woodlot Alternatives Chris Vaniotis, Attorney JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to postpone the item to the June 11, 2002 meeting to begin at 6:00 p.m. Passed: 4-1 (COX)(SAWYER, THORNE absent). Agenda Item #2 – Public Comment on Items not on the Agenda No Public Comment. Agenda Item #3 - Comments from the Planning Board and Planning Director No Comment. Agenda Item #4 - Adjournment JOHN CHAPIN motioned and JUDY CARPENTER seconded to adjourn. Passed: 5-0 (SAWYER, THORNE absent). The meeting adjourned at 10:50 P.M. SUSAN CUMMINGS Planning Board Secretary May 28, 2002 Approved 6/11/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 48 JUNE 4, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SCARBOROUGH, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MARY KAHL, CORPORATION COUNSEL Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: CRAIG BABBIDGE Scarborough Members Present: Susan Auglis Steven Dougherty Bud Hanson Mark Porada Richard Shinay Scarborough Members Absent: Cindy Taylor Michael Wood Richard Shinay called the Planning Board meeting to order at 7:05 p.m. Agenda Item #1 - Final Major Subdivision & Site Plan – Grondin Properties LLC and R.J. Grondin & Sons Inc. - Walter C. Neilsen Business Park Grondin Properties LLC and R.J. Grondin & Sons Inc. have requested final major subdivision & site plan for their Walter C. Neilsen Business Park. The development proposal consists of creating ten (10) commercial/industrial lots within approximately 179 acres of land that is bisected by the South Portland/Scarborough town line. Of the ten proposed lots, three will be located within South Portland, while the remaining seven will be in Scarborough. The South Portland lots in mention are Assessor’s Map 76, Lot 1 and Map 77, Lots 5, 6, & 1A located within the General Commercial District CG. The Scarborough lots in mention are Assessor’s Map R56, Lots 6, 6A, & 6B located in the Industrial District I and the Exit 6 Overlay District. Representatives for Scarborough: Joseph Ziepniewski, Town Planner Jim Wendel, Assistant Planner/Engineer Carole Bristol, Administrative Assistant Chris Vaniotis, Town Attorney Nancy St. Clair, Sebago Technics Tom Gorrill, Gorrill & Palmer Spokespersons for the applicant: Public Hearing: The following people addressed this item: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 49 JUNE 4, 2002 Darrell Huff, 281 Gorham Rd., Scarborough – will Scarborough people be allowed to comment in South Portland during the Phase 2 review? Michael Heskanen, 2257 Broadway, South Portland – questions on sanitary sewer, water service, and right-of-way into the subdivision. The South Portland Board discussed the traffic study options; allowing the Post Office enough time to proceed; the recommended conditions of approval for the project; wetlands; building envelopes; and the recommended waivers. The Scarborough Board discussed the recommended conditions of approval for the project; the pump station location; the continuing priority of the Post Office project; the future of the quarry; and notes 28 & 29 on the plan. RICHARD SHINAY motioned and BUD HANSON seconded to grant final subdivision approval to the Walter C. Neilsen Business Park subject to the following conditions: 1. That the payment of $217,493.51 be made for the Payne Road impact fee and completion of off-site traffic improvements; 2. That payment of the sewer assessment fee be made; 3. The joint condition with South Portland as follows: (see South Portland Planning Board Condition #2 below). 4. Prior to recording the subdivision plan, the applicant shall obtain and record an easement in Piggery Road as described in the February 13, 2002 letter agreement between Central Maine Power Company and R. J. Grondin & Sons. 5. That Note 28 on the plan read as follows: ―Lots 5 and 9 shall be retained by the applicant for their own use. Lot 9 is currently subject to the restrictions of the Resource Protection District along the Nonesuch River, as shown hereon. In the event that limits of the Resource Protection District are modified (as approved by appropriate local and State governing authorities), the applicant must file an amended subdivision application with the Town of Scarborough and the City of South Portland prior to offering Lot 9 for additional development. Erosion control mix and other soil materials are currently processed in a portion of the quarry parcel. Relocation of this operation to Lots 5 and/or 9 shall be subject to formal local site plan review and all other applicable local and State restrictions.‖ 6. That Note 29 read as follows: ―No building permit shall be issued for any lot in the subdivision until the Scarborough Town Manager has confirmed payment to the Town of Scarborough of either (a) the sewer development charge imposed on such lot by Section 5 of the Town of Scarborough Sewer Assessment Ordinance, or (b) in the case of a lot located outside the Eight Corners Development District, an amount equal to the charge which would be imposed by the Sewer Assessment Ordinance if the lot were located with the Development District, as determined by the Scarborough Town Manager.‖ MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 50 JUNE 4, 2002 7. That the association documents be reviewed and approved by the Town Attorney. 8. The Board finds that the proposed traffic generation will not cause unreasonable congestion with respect to existing ways in South Portland provided the proposed improvements are implemented. Passed: 3-0 (AUGLIS, DOUGHERTY, TAYLOR, WOOD absent). JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the final major subdivision and site plan for the Walter C. Neilsen Business Park, and approve the waivers of Ord. Sec. 24-42(C) Dead-end Streets; Ord. Sec. 24-42(B) requiring curbing; and Ord. Sec. 24-39(F)(1) requiring underground utilities, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. With respect to traffic impacts, this subdivision was approved by the Scarborough Planning Board and the South Portland Planning Board based upon, and limited to, trip generation assumptions submitted by the subdivider’s traffic engineers, including the assumption that the afternoon shift change at the United States Postal Service’s distribution center to be constructed on Lot 4 will occur at an offpeak hour. Any increase from or change from those assumptions generated by a proposed use of any of the lots shall require further review and approval, as follows: (a) Any application for site plan approval to develop a lot within the subdivision shall be accompanied by a traffic analysis which compares the trip generation assumptions for the proposed use of the lot to the trip generation assumptions upon which the subdivision approval was based. When an application for site plan review to develop a lot located in Scarborough is submitted to the Scarborough Planning Board, the applicant shall also submit a copy of the application to the South Portland Planning Board. When an application for site plan review to develop a lot located in South Portland is submitted to the South Portland Planning Board, the applicant shall also submit a copy of the application to the Scarborough Planning Board. Within 30 days after receiving such submissions, the planning director of each municipality shall determine whether the proposed use of the lot is likely to generate traffic volumes greater than or trip distributions different from those assumed in approving the subdivision and shall communicate that determination in writing to the applicant for site plan review, the subdivider and the planning board of each municipality. If either planning director concludes that the proposed use of the lot is likely to generate traffic volumes greater than or trip distributions different from those assumed in approving the subdivision, then the subdivider shall apply for an amendment to the subdivision to allow the increased traffic volume or different trip distributions. Such amendment must be approved by both the Scarborough Planning Board and the South Portland Planning Board MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 51 JUNE 4, 2002 before the board in which the lot is located can approve the application for site plan review, but joint meetings of the two boards shall not be required unless specifically requested in writing by either board. The obligations created by this condition of approval shall apply to the subdivider so long as the subdivider retains any interest in the property within the subdivision and thereafter to the subdivider’s successors and assigns until such time as all the lots in the subdivision have been developed according to approved site plans. (b) In addition, with respect to Lot 4, any changes in employment levels exceeding 934 total full-time equivalent employees, which would generate greater traffic volumes than or trip distributions different from those projected by the subdivider’s traffic engineers during the p.m. peak hour for the surrounding area as assumed in approving the subdivision will require the owner of Lot 4 or the occupant of Lot 4 with written authorization from the owner to submit an application for an amended subdivision plan and an updated traffic analysis to the Scarborough Planning Board and the South Portland Planning Board, for review and approval by both boards as an amendment to the subdivision. 3. The applicants shall submit $850,000 into a City of South Portland escrow account prior to the issuance of the building permit for the Post Office Distribution Center for the costs of the Option 1 traffic facilities improvements (improvements to I-295/Exit 3/Broadway/Westbrook Street). The applicant will be permitted to proceed immediately, subject to normal post-approval procedures, with building the subdivision road and making the other site improvements. If Option 1 is selected by the City of South Portland, the City leaves open the right to negotiate with the applicants on whether to have the applicants do the improvements or the City. If Option 2 is selected (new on-ramp to I-295 and associated improvements), the escrow for $850,000 will be put towards the total cost of Option #2 construction. If by 6-30-03, or such later date as the City and the applicant may agree upon, the City of South Portland has not declared Option 2 as its choice, the City shall contact the applicant regarding the Option 1 improvements, and if the two parties agree that the applicant will do the Option 1 improvements project, then the City will return the $850,000 to the applicant. Passed: 6-0 (BABBIDGE absent). DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the Findings of Fact as written. Passed: 6-0 (BABBIDGE absent). Agenda Item #9 - Adjournment MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 52 JUNE 4, 2002 JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 6-0 (BABBIDGE absent). The meeting adjourned at 11:12 P.M. SUSAN CUMMINGS Planning Board Secretary June 4, 2002 Approved 6/25/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 53 JUNE 11, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 6:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MARY KAHL, CORPORATION COUNSEL Members Present: CAROL THORNE, Chair JOHN CHAPIN STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: DAVID SAWYER CRAIG BABBIDGE Carol Thorne called the Planning Board meeting to order at 6:30 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of May 28, 2002 Meeting STANLEY COX motioned and JOHN CHAPIN seconded to approve the minutes of May 28, 2002. Passed: 3-0 (CARPENTER, BABBIDGE, SAWYER absent)(THORNE abstained). Agenda Item #2A - Consent Calendar – Amended Site Plan – Sable Oaks LTD c/o Ocean Properties, LTD – Sable Oaks Drive – Portland Marriott CAROL THONE motioned and JOHN CHAPIN seconded to approve the Amended Site Plan for 200 Sable Oaks Drive, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 5-0 (BABBIDGE, SAWYER absent). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – Tim Higgins – 48 Ocean Street JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the release of the $7,500.00 public improvement and $1,275.00 erosion control Performance Guarantees for 48 Ocean Street. Passed: 5-0 (BABBIDGE, SAWYER absent). Agenda Item #3 – Preliminary Major Subdivision – Hawthorne Woods – Brookview Development, LLC – Fickett Street MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 54 JUNE 11, 2002 Brookview Development Group LLC has requested preliminary approval for their proposed 19-lot Hawthorne Woods subdivision on 19.75 acres located on Fickett Street. Access will come from a single access point along Fickett Street, and all homes are proposed to be on septic systems. The lot is identified as Assessor’s Map 36, Lot 11 and Map 37, Lot 10 located within the Residential District AA. JUDY CARPENTER motioned and JOHN CHAPIN seconded to allow Carol Thorne to participate in this Item because she had watched the tape of the May 28, 2002 meeting which she had missed. Passed: 4-0 (BABBIDGE, SAWYER absent)(THORNE abstained). The Planning Board discussed the documents that had been sent to the Planning Department after the close of the public hearing for this project and decided not to include them in this meeting. The Board also discussed the type and size of houses to be built in this subdivision; foundation drains; septic systems; the test pits; leach fields; the building envelopes; grading and filling of each lot; possible disturbance of bedrock; blasting; the utility trench; the 10’ right-of-way; acceptance of the road by the City; contamination of the groundwater and wetlands; maintenance of the buffer next to the wetlands; nearest City sewer connection; sidewalks; the street length waiver; the open space issue; buffering for existing homes; density; drainage from catchbasins; cost to bring in public sewer; and the City Ordinances governing subdivisions. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Preliminary Major Subdivision for Hawthorne Woods, Fickett Street, with the approval of the following waivers: Ord. Sec. 24-42(b), vertical curbing; Ord. Sec. 24-41(d), sidewalks on two sides; Ord. Sec. 24-30(a), all improvements made before issuance of occupancy permits - this waiver would allow six (6) occupancy permits before the final coat of pavement; and Ord. Sec. 24-42(c), maximum length of dead-end streets not to exceed 600 feet; and with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to final subdivision approval, the applicant will perform the further study and tasks related to wetlands, aquifers, and blasting listed on pages 6 & 7 of the R. W. Gillespie Associates letter of 5/9/02 to the Highland Avenue Neighborhood Association (see attached). 3. Prior to final subdivision approval, the applicant will perform the further study and tasks related to wetlands included on pages 23 & 24—as may be adjusted based on the revision to the plans—of the Woodlot Alternatives May 2002 Wetland Function-Value Assessment Report (see attached). 4. Prior to final subdivision approval, the applicant will show on the plans a visual no-cut buffer of existing trees or new landscaping for Lots 17, 18, and 19 and designate as a no-cut buffer the existing vegetation shown along Fickett Street on MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 55 JUNE 11, 2002 Lot 1. 5. Prior to final subdivision approval, the applicant will provide a detailed description in narrative form as well as on the plans for each lot of any changes in topography that may be necessary for home construction. This will require delineating on the drainage plan the anticipated house location. 6. The proposed 50-foot right-of-way leading into the adjacent Cape Elizabeth parcel shall only be used as a secondary access point for future development within the adjacent Cape Elizabeth parcel(s). CAROL THORNE motioned and STANLEY COX seconded to amend the Main Motion with the following conditions to be added: 2. Each lot owner shall have a licensed architect site the house on the lot. 3. Instead of conditions #2 and #3 above – an objective third party peer review of wetlands, aquifers, blasting and septic design soils studies shall be submitted at the expense of the applicant. 4. Wetland #5 shall be removed from Lot 9 and be part of Open Space maintained by the Homeowners’ Association and not be part of a private lot. Failed: 1-4 (CARPENTER, CHAPIN, COX, NIXON)(BABBIDGE, SAWYER absent). STANLEY COX motioned and JUDY CARPENTER seconded to amend the Main Motion by deleting conditions #2 and #3 and substituting Carol Thorne’s condition #3 and add ―and to show the effects of extending the street to the present location on the plans‖. Failed: 1-4 (CARPENTER, CHAPIN, NIXON, THORNE)(BABBIDGE, SAWYER absent). Main motin passed: 3-2 (CHAPIN, THORNE)(BABBIDGE, SAWYER absent). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 3-2 (CHAPIN, THORNE)(BABBIDGE, SAWYER absent). JUDY CARPENTER motioned and PAUL NIXON seconded to postpone Item #5 to the meeting of June 25, 2002. Agenda Item #4 – Special Exception & Amended Site Plan – Fairchild Semiconductor – 333 Western Avenue MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 56 JUNE 11, 2002 Fairchild Semiconductor is requesting special exception & amended site plan approval to expand their existing Long Creek Substation located at 333 Western Avenue. The project is for the building of a new electrical substation and control building as a redundant power source for both Fairchild and National Semiconductors. The proposed control building will be 252 SF in size and will be 12-feet high. The area is identified as Assessor’s Map 48, Lots 2D, 2F, and 27 and Map 49, Lot 92B located within the Light Industrial District. PUBLIC HEARING: No comment. David Russell, Fairchild Steve Harding, Oest Associates Spokespersons for the applicant: The Planning Board discussed the reason for the project; the detention pond; access to Foden Road; and the maintenance and access by Central Maine Power Company. JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Special Exception & Amended Site Plan for 333 Western Avenue and the waiver of Ord. Sec. 24-39(f)(1), with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 4-0 (BABBIDGE, CHAPIN, SAWYER absent). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 4-0 (BABBIDGE, CHAPIN, SAWYER absent). Agenda Item #5 – Final Major Subdivision & Site Plan – Gary Smith – Hillcrest Subdivision – Wescott Road Gary Smith has submitted a final major subdivision and site plan application for his proposed Hill Crest Subdivision off from Wescott Road. This is a single-phase subdivision consisting of a ten- (10) lots on 4.03 acres. The property is identified as Assessor’s Map 52, Lot 40 within the Residential District A. Postponed to the meeting of June 25, 2002. Agenda Item #6 - Public Comment on Items not on the Agenda No public comment. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 57 JUNE 11, 2002 Agenda Item #7 - Comments from the Planning Board and Planning Director A public hearing on the improvements to East Broadway will be held on June 19, 2002 at 7:00 P.M. at the Betsy Ross House. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and STANLEY COX seconded to adjourn. Passed: 4-0 (BABBIDGE, CHAPIN, SAWYER absent). The meeting adjourned at 11:10 P.M. Approved 6/25/02 SUSAN CUMMINGS Planning Board Secretary June 11, 2002 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 58 JUNE 25, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of June 5 & June 11, 2002 Meeting DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the minutes of June 4, 2002. Passed: 6-0 (BABBIDGE abstained). JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the minutes of June 11, 2002. Passed: 5-0 (BABBIDGE, SAWYER abstained). Agenda Item #2A - Consent Calendar - Request of Approval Extension – Eastern Book Company – Gannett Drive JUDY CARPENTER motioned and STANLEY COX seconded to approve the extension of the Site Plan for 155 Gannett Drive, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. The extension shall incorporate the August 28, 2001 Planning Board Findings of Fact. Passed: 7-0. CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #2B - Consent Calendar - Amended Site Plan – Ruby Tuesday’s – Maine Mall MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 59 JUNE 25, 2002 DAVID SAWYER motioned and STANLEY COX seconded to approve the Amended Site Plan for 364 Maine Mall Road, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Any planters displaced during construction will be replaced in kind. Passed: 7-0. JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #3 – Final Major Subdivision & Site Plan – Gary Smith – Hillcrest Subdivision – Wescott Road Gary Smith has submitted a final major subdivision and site plan application for his proposed Hill Crest Subdivision off from Wescott Road. This is a single-phase subdivision consisting of a ten- (10) lots on 4.03 acres. The property is identified as Assessor’s Map 52, Lot 40 within the Residential District A. PUBLIC HEARING: Letters from Stephen and Pauline Hodge, 136 Main St., and Julie and Robert Susi were read. Spokesperson for the applicant: David Kamila, Land Use Consultants, Inc. The Planning Board discussed the drainage plan; sidewalks; access to lots; public parking spaces; types of homes planned; the finished grading plan; curb cuts; location of driveways; the wetlands; and adding restrictions to the plans and deeds. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 24-30(a) to allow occupancy permits for all 10 lots upon completion of utilities, placement of gravel bases and completion of base course of pavement and to approve the Final Major Subdivision, Hill Crest, Wescott Road, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to the issuance of the first building permit, the applicant shall submit the required GIS diskette to the Planning Office. 3. Prior to the release of the subdivision plat, the applicant will include in the plat the foundation drain and first floor elevation standard note 4. On the plat and in the deeds the applicant will state that earth disturbance in or near the designated wetlands on Lots 6, 7, 8, 9, & 10 may be regulated by State and Federal law. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 60 JUNE 25, 2002 Passed: 7-0. JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #4 – Preliminary Major Subdivision – Conifer Woods Subdivision – Conifer Woods LLC – Barnstable Road Conifer Woods LLC requests preliminary major subdivision approval for their proposed Conifer Woods Subdivision. The project consists of 36 attached condominium units on 14.61 acres of land located within the Residential A district. The units will be arranged in 9 buildings with 4 two bedroom condominiums each. The property is identified as Assessor’s Map 58, Lot 22, within the Residential District A. PUBLIC HEARING: No comment. Spokesperson for the applicant: Steve Harding, Oest Associates The Planning Board discussed parking; size of the units; trash disposal; private or public road; landscaping; traffic impact fees; drainage plan; utilities; lighting; cost of the units; the conservation mix; ownership of the cul-de-sac; the right-of-way to Cape Elizabeth; buffering; age group targeted; the possibility of increasing the size of the units; adding another dumpster; connection to trails and open space; improving the façade; maintenance of the trails; and adding screening between the units’ decks. DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 24-42(B) requiring vertical curbing, and approve the Preliminary Major Subdivision, Conifer Woods, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 5-2 (BABBIDGE, NIXON). JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 5-0 (BABBIDGE, NIXON). Agenda Item #5 – Special Exception – Kim Nguyen & Nghi Van Luu – Nail Salon – 937 Broadway Kim Nguyen & Nghi Van Luu request special exception approval for their proposed nail salon in their home located at 937 Broadway. They will be converting the front portion of the first floor of their home into a nail salon that would employ only Ms. Nguyen. The area is identified as Assessor’s Map 25, Lot 51 within the Residential District G. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 61 JUNE 25, 2002 The Planning Board discussed if the item should be postponed because the applicant was unable to be present and the spokesperson for the applicant left the meeting early because of the lateness of the hour. STANLEY COX motioned and JUDY CARPENTER seconded to postpone the item to the meeting of July 9, 2002. Passed: 7-0. Agenda Item #6 – Site Plan – Marlin Enterprises LLC & Patco Construction – Office Building Lot #7 Donald B. Dean Drive Marlin Enterprises LLC & Patco Construction, Inc. are requesting site plan approval for their proposed 10,200 square foot building located on Lot #7 of the John Roberts Business Park. The area is identified as Assessor’s Map 75A, Lot 7-5, located within the Light Industrial District IL. PUBLIC HEARING: No comment. Spokespersons for the applicant: Greg Boulette, Sebago Technics Greg Patterson, Patco Construction The Planning Board discussed the utilities; the public walkway; signage; sanitary sewer; grading of the lot; parking; potential customer; curb cuts for handicap parking ramps; and provisions for maintenance of the walkway. CRAIG BABBIDGE motioned and CAROL THORNE seconded to approve the waiver of Ord. Sec. 24-43*c)(2) requiring on-site detention, and approve the Site Plan for 50 Donald B. Drive, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. A de minimis change request shall be submitted to the Planning Office for any proposed sign elevations for Lot #7. 3. The applicant shall deliver all salvageable material within the right-of-way (i.e. granite curbing) to the public works department. 4. The applicant shall restore the existing concrete sidewalk to its original condition and add a handicap ramp as required. Passed: 7-0. CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #7 - Public Comment on Items not on the Agenda Dana Campbell, Campbell’s Market, 934 Broadway – concerns about the changes on Broadway: residences become businesses, home-based businesses remain after original MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 62 JUNE 25, 2002 owner moves. There seems to be no plan for the area. Is there a plan for the Pleasantdale area? Agenda Item #8 - Comments from the Planning Board and Planning Director Carol Thorne asked about the time-line for updating the Comprehensive Plan. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 7-0. The meeting adjourned at 10:50 P.M. Approved July 9, 2002 SUSAN CUMMINGS Planning Board Secretary June 25, 2002 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 63 JULY 9, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Member Absent: JOHN CHAPIN Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of June 25, 2002 Meeting JUDY CARPENTER motioned and DAVID SAWYER seconded to approve the minutes for June 25, 2002. Passed: 5-0 (BABBIDGE, CHAPIN absent). Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – First Congregational Church – 301 Cottage Road JUDY CARPENTER motioned and PAUL NIXON seconded to approve the release of the $1,700.00 Performance Guarantee for the First Congregational Church. Passed: 5-0 (BABBIDGE, CHAPIN). Agenda Item #3 – Special Exception – Kim Nguyen & Nghi Van Luu – Nail Salon – 937 Broadway Kim Nguyen & Nghi Van Luu request special exception approval for their proposed nail salon in their home located at 937 Broadway. They will be converting the front portion of the first floor of their home into a nail salon that would employ only Ms. Nguyen. The area is identified as Assessor’s Map 25, Lot 51 within the Residential District G. PUBLIC HEARING: No comment. Deborah Tracy Spokesperson for the applicant: The Planning Board discussed the type of salon; parking; landscaping; snow storage and signage. DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the Special Exception application for 937 Broadway, with the following condition: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 64 JULY 9, 2002 1. Standard condition of approval, Planning Board Regulation #5. CRAIG BABBIDGE motioned and CAROL THORNE seconded to amend the Main Motion to add that a landscaping plan be submitted to the Planning Director for approval. Failed: 2-4 (CARPENTER, COX, NIXON, SAWYER). Vote on Main Motion. Passed: 5-1 (THORNE). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-0. Agenda Item #4 – Request to Purchase City-Owned Land – Steve & Barbara Sullivan – Highland Avenue The Planning Department has received a request to purchase a city owned parcel of land, which is part of the overall city landfill parcel. The parcel of land, Map 56, Lot 6, is 98.54 acres in size, but the Sullivan’s are requesting approximately 3.94 acres of the total parcel. The Sullivan’s state in their attached letter that they would agree to no development of this parcel of land due to their intention of restoring the complete area to farming activity. PUBLIC HEARING: The following people addressed this item: Stephanie Gilbert, 15 Hudson Rd. – supports the agricultural use. Joan Souza, 1005 Highland Ave. – read letter; against the sale. The Planning Board discussed the history of the property; the reason for the purchase; permitted uses; possible zone change; the Public Works Director’s concerns; the type of agricultural activity planned; compliance with the Comprehensive Plan; the City monument; and the benefit to the public. JUDY CARPENTER motioned and STANLEY COX seconded to recommend that the City Council sell the 3.94 acres of the City-owned lot, Assessor’s Map 56, Lot 6, 0 Highland Avenue, based on the Planning Board’s determination that there are no adverse planning and land use impacts associated with such a sale. Failed: 3-3 (BABBIDGE, SAWYER, THORNE). Agenda Item #5 - Public Comment on Items not on the Agenda No public comment. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 65 JULY 9, 2002 Agenda Item #6 - Comments from the Planning Board and Planning Director Tex Haeuser handed out copies of a photo provided by David Sawyer showing signs used in Gorham to mark wetlands boundaries. Agenda Item #7 - Adjournment JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to adjourn. Passed: 6-0 CHAPIN absent). The meeting adjourned at 8:25 P.M. APPROVED 7/23/02 SUSAN CUMMINGS Planning Board Secretary July 9, 2002 **Workshop immediately followed the meeting: The Museum of Glass & Ceramics presented their redevelopment plans for the South Portland Armory. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 66 JULY 23, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary ADRIAN KENDALL Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX JUDY CARPENTER Members Absent: PAUL NIXON CRAIG BABBIDGE Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of July 9, 2002 Meeting STANLEY COX motioned and CAROL THORNE seconded to approve the minutes of July 9, 2002. Passed: 4-0 (CHAPIN abstained)(BABBIDGE, NIXON absent). Agenda Item #2 – Consent Calendar No items. Stanley Cox asked the Board to allow him to recuse himself from Item #3 because of a possible conflict. JOHN CHAPIN motioned and CAROL THORNE seconded to allow Mr. Cox to recuse himself from participation in this item. Agenda Item #3 – Site Plan – Westbrook Street Common – 555 to 565 Westbrook Street - Ana and Felix German Ana and Felix German have requested site plan review for their proposed office /apartment complex located along Westbrook Street. This proposal consists of three apartment buildings with four units of living in each, a 5,600 square foot office building, and 40 parking spaces. This site was once home to “The Doctor’s Pub & Grog” and a Harley shop. The area is identified as Assessor’s Map 50, Lot 12A, located within the Limited Business District LB. PUBLIC HEARING: No comment. Shawn Frank, Sebago Technics, Inc. Rocco Risbara, Consultant Spokesperson for the applicant: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 67 JULY 23, 2002 The Planning Board discussed the size of the apartments; the type of tenants for the office space; traffic; setbacks in the LB Zone; the fence separating the two spaces; the number of tenants for the office space; snow removal; and sidewalks. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 24-43(c)(2) requiring on-site detention, and approve the Site Plan for 555565 Westbrook Street, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Portable signs shall be prohibited from being used for the office and apartment complex. Passed: 4-0 (COX abstained)(BABBIDGE, NIXON absent). JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 4-0 (COX abstained)(BABBIDGE, NIXON absent). Agenda Item #4 – Amended Site Plan – Rare Hospitality International, Inc. – 300 Maine Mall Road – Longhorn Steakhouse Rare Hospitality International, Inc. (Longhorn Steak House) is requesting site plan approval to construct an 6,081 sq. ft. restaurant on an out parcel of the Federated lot (Macy’s). The existing condition of the leased parcel is a parking lot. A net loss of 94 parking spaces will be lost with the result of the restaurant construction. Access to the lot is via a right turn only off from Maine Mall Road and from within the Macy’s parking lot. The area in mention is Assessor’s Map 74B, Lots 4 located within the Central and Regional Commercial District. PUBLIC HEARING: No comment. Spokesperson for the applicant: Walter Webber, Attorney The Planning Board discussed parking; the hours of operation; the lease; sewer flow calculations; dumpster locations; signage; curb cuts; traffic; maintenance of the lot; exit and entrance; and resolving questions on parking and their lease. JOHN CHAPIN motioned and DAVID SAWYER seconded to postpone the item to the meeting of August 13, 2002 for continuing negotiations between the applicant and the Planning Department. Passed: 5-0 (BABBIDGE, NIXON absent). Agenda Item #5 – Amendment to the Comprehensive Plan - Ferry Village Master Plan – Ferry Village Neighborhood MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 68 JULY 23, 2002 In keeping with the South Portland Comprehensive Plan, the Project PLAN Final Report and Recommendations, and Council Resolve #4-00/01, all of which establish a policy and process for amending the Comprehensive Plan with neighborhood plans, the Planning Board, acting as the City’s Comprehensive Plan Committee, will consider what recommendation to make to the City Council regarding a proposal to incorporate by reference the Ferry Village Master Plan into the South Portland Comprehensive Plan. PUBLIC HEARING: behind this plan. Aileen K-Martello, 31 Oak St. – the residents and neighborhood are The Planning Board discussed the reason for referencing this in the Comprehensive Plan; adding a map to the Plan; and the requirements of MRSA Title 30-A Sec. 4324. Stanley Cox and Judy Carpenter both discussed the role of the Comprehensive Plan in the decisionmaking process by the City, and their decision that neighborhood plans should not be a part of the Comprehensive Plan. JOHN CHAPIN motioned and DAVID SAWYER seconded to recommend to the City Council the adoption of the following amendment to the 1992 South Portland Comprehensive Plan to add, by reference, the Ferry Village Master Plan: ―As part of the implementation of the Recommendation B.6. of the Project PLAN report (―Amend the Comprehensive Plan to include neighborhood plans…‖), the Ferry Village Master Plan is incorporated by reference into the South Portland Comprehensive Plan.‖ Passed: 3-2 (CARPENTER, COX)(BABBIDGE, NIXON absent). Agenda Item #6 – Amendment to the Comprehensive Plan – Development Noise Control Policy – City Initiated As part of the implementation of the Project PLAN performance standards recommendations, and in fulfillment of the requirements of a Comprehensive Planning Grant from the Maine State Planning Office, the City-appointed Noise Control Committee proposes to amend the South Portland Comprehensive Plan by adding a policy supporting the creation of a Development Noise Control Ordinance. PUBLIC HEARING: Linda Boudreau, 293 Sawyer St. - residents and businesses have been brought together with this plan. The Planning Board discussed the enforcement of the ordinance; the review period after two or three years; the need for this in the Comprehensive Plan; the definition and use of the “potential nuisance” phrase; the reason behind creating this ordinance; and the existence of a public outcry on noise. DAVID SAWYER motioned and CAROL THORNE seconded to recommend to the City Council the adoption of the following development noise control amendment to the 1992 South Portland Comprehensive Plan: MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 69 JULY 23, 2002 ―As part of the implementation of the recommendations of the Project PLAN report, the City shall adopt clear, effective, modern and enforceable ordinance performance standards that control noise from new development so as to provide the community with a template for appropriate development and operation of uses in a way that all property owners are protected. By updating the current performance standards, conflicts between dissimilar uses can be minimized without unduly burdening appropriate development and other changes in the use of property.‖ Failed: 2-3 (CARPENTER, COX, CHAPIN)(BABBIDGE, NIXON absent). Agenda Item #7 – Zoning Text Amendment – Development Noise Control Ordinance – Creation of Chapter 30 and Amendment of Chapter 27 – City Initiated The City-appointed Noise Control Committee is bringing forward a proposed ordinance (Chapter 30, Development Noise Control Ordinance) as part of the implementation of the Project PLAN recommendations. The purpose of the ordinance is to provide clear, effective, modern, and enforceable noise performance standards that protect all property owners. This proposed ordinance does not cover so-called behavioral noise issues, like early morning lawn mowing, which will be the subject of a subsequent ordinance proposal. In addition, the proposal contains a corresponding amendment to the site plan application submission requirements in Chapter 27-144(b). The Planning Board will make a recommendation to the City Council. PUBLIC HEARING: The following people addressed this item: Rommy Brown, E St. – the City is growing & many of the zones are in close proximity to each other. A noise ordinance is needed and this one is workable and will benefit all of us. Al Ridley, Rhode Island Ave. – it would be a shame for the City not to bring this forward and approve a noise ordinance. Linda Boudreau, Sawyer St. – I urge the Board to workshop this. CAROL THORNE motioned and JOHN CHAPIN seconded to postpone this item to August 13, 2002 for a workshop at 6:00 P.M. and to postpone the public hearing to the meeting of August 27, 2002. Passed: 5-0 (BABBIDGE, NIXON absent). Agenda Item #8 - Public Comment on Items not on the Agenda No public comment. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 70 JULY 23, 2002 Agenda Item #9 - Comments from the Planning Board and Planning Director No comments. Agenda Item #9 - Adjournment JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 5-0 (BABBIDGE, NIXON absent). The meeting adjourned at 10:45 P.M. SUSAN CUMMINGS Planning Board Secretary July 23, 2002 Approved 8/13/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 71 AUGUST 13, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of July 23, 2002 Meeting JOHN CHAPIN motioned and STANLEY COX seconded to approve the minutes of July 23, 2002. Passed: 6-0 (BABBIDGE abstained. Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – On the Border Mexican Cafe – 420 Maine Mall Road Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – The Cabot House – 371 Western Avenue Agenda Item #2C – Consent Calendar – Release of Performance Guarantee – Troiano Transfer Station – 1 Industry Road JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the release of the Performance Guarantees for Items #2A, B, & C. Passed: 7-0. Agenda Item #2D – Consent Calendar – Amended Major Subdivision – P & W Real Estate – 9 Industry Road CRAIG BABBIDGE motioned and JOHN CHAPIN seconded to approve the Amended Major Subdivision for 9 Industry Road in the Industrial Park Subdivision, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 7-0. CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 7-0 CAROL THORNE motioned and DAVID SAWYER seconded to allow Mr. Chapin to participate in this item. Passed: 6-0 (CHAPIN abstained). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 72 AUGUST 13, 2002 Agenda Item #2E – Consent Calendar – Amended Site Plan – Fairchild Semiconductor – 333 Western Avenue CAROL THORNE motioned and JOHN CHAPIN seconded to approve the Amended Site Plan for 333 Western Avenue, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 7-0. CAROL THORNE motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #3 – Amended Site Plan – Rare Hospitality International, Inc. – 300 Maine Mall Road – Longhorn Steakhouse Rare Hospitality International, Inc. (Longhorn Steak House) is requesting site plan approval to construct a 6,081-sq. ft. restaurant on an out parcel of the Federated lot (Macy’s). A net loss of 94 parking spaces will be lost with the result of the restaurant construction. The area is identified as Assessor’s Map 74B, Lots 4 located within the Central and Regional Commercial District. PUBLIC HEARING: None. Walter Webber, Attorney Spokesperson for the applicant: The Planning Board discussed parking; Code of Ordinance requirements for parking; snow storage at the Maine Mall; the Maine Mall Road/Gorham Road/Running Hill Road intersection improvements; landscaping; the size of the building; and the responsibility for closing the island break. STANLEY COX motioned and CRAIG BABBIDGE seconded to approve the waiver of Ord. Sec. 24-43(c)(2) and approve the Amended Site Plan for 300 Maine Mall Road, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Portable signs and pennants will be prohibited from being used on the site. 3. Prior to obtaining an occupancy permit, the applicant will implement those improvements referenced in the May 23, 2002 Traffic Movement and Signal Performance Evaluation provided by Casey & Godfrey Traffic Engineers. All improvements shall meet the approval of the City’s Traffic Engineer and MDOT Division VI Traffic Engineer. 4. The applicant shall revise Sheet C1 of the plan set to show the correct parking figures for the Maine Mall complex. 5. The applicant shall revise and resubmit the Maine Mall Survey done by Owen Haskell to reflect 1) the elimination of the 50 incorrect parking spaces; 2) the MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 73 AUGUST 13, 2002 revised parking table; 3) to label areas within the Maine Mall parking lot that will be used for storage of snow. JOHN CHAPIN motioned and CAROL THORNE seconded to amend the Main Motion to leave in the second sentence, ―In addition, the applicant will close the island break, which lies directly in front of the pad site, providing a left turn into the Toys R Us parking lot.‖, of Condition #3, and add that ―The applicant shall be responsible for providing to the City a sum of money to be held in escrow for a period of five years, equivalent to closing the island break, if part of the MDOT improvements to the intersection of Maine Mall Road/Gorham Road/Running Hill Road.‖ Passed: 4-3 (CARPENTER, COX, NIXON). JUDY CARPENTER motioned and STANLEY COX seconded to amend the Main Motion to remove Part 3 from Condition #5. Passed: 4-3 (BABBIDGE, CHAPIN, THORNE). Main Motion Passed, as Amended: 6-1 (THORNE). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-1 (THORNE). JUDY CARPENTER motioned and JOHN CHAPIN seconded to allow Mr. Cox to abstain from participating in ItemS #4 & #5 because of a possible conflict of interest. Passed: 6-0 (COX abstained). Agenda Item #4 – Amended Site Plan – Bouthot Construction – 5 Wallace Avenue Bouthot Construction, Inc. is requesting amended site plan approval to construct two building additions of 6,000 SF and 7,000 SF with associated parking, loading docks, and landscaping. The area is identified as Assessor’s Map 79A, Lot 15, located within the NonResidential Industrial District INR. PUBLIC HEARING: No comment. Shawn Frank, Sebago Technics, Inc. Spokesperson for the applicant: The Planning Board discussed the layout of the buildings; the building materials; the type of tenant; the number of employees; the hours of operation; and the dumpster enclosure. JOHN CHAPIN motioned and CAROL THORNE seconded to approve the waiver of Ord. Sec. 27-146(I), and approve the Amended Site Plan for 5 Wallace Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. Prior to the issuance of building permits, the applicant shall submit the required GIS diskette. 3. The use of portable signs, banners, and pennants will be prohibited on this site. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 74 AUGUST 13, 2002 Passed: 6-0 (COX abstained). JUDY CARPENTER motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 6-0 (COX abstained). JUDY CARPENTER motioned and PAUL NIXON seconded to allow Mr. Babbidge to recuse himself on this item. Passed: 4-1 (THORNE)(BABBIDGE abstained). Agenda Item #5 – Site Plan – The Curtainshop – 175 Western Avenue – Lot #5 The Curtainshop of Maine has requested site plan approval for their proposed 17,637 SF, one-story building with parking for 46 vehicles located on Lot 5 of the Western Avenue Crossing Subdivision. The lot is identified as Assessor’s Map 49, Lot 205 located within the Transitional Central & Regional Commercial District. Spokesperson for the applicant: PUBLIC HEARING: Shawn Frank, Sebago Technics, Inc. No comment. The Planning Board discussed traffic flow within the site; lighting in the rear of the parking lot; lighting for the roadway; landscaping & buffering; the number of employees; parking; the hours of operation; and access to the loading dock. JUDY CARPENTER motioned and CAROL THORNE seconded to approve the waiver of Ord. Sec. 24-43 (c)(2), and approve the Site Plan for the furniture/appliance/catalog showroom at 175 Western Avenue, with the following conditions: 1. Standard condition of approval, Planning Board Regulation #5. 2. In accordance with Ordinance Section 27-146(I), the applicant will install granite monumentation on boundary points that abut Western Avenue on completion of the Western Avenue widening. 3. If the use of the building changes from what is proposed under this application, the owner/tenants shall submit an amended site plan application to the Planning Board for review of the new use and associated parking. 4. The applicant shall install an additional free-standing light fixture on the island in the northern section of the parking lot in back of the building adjacent to the 25-foot access drive and designated parking spaces. Passed: 5-0 (BABBIDGE, COX abstained). DAVID SAWYER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 5-0 BABBIDGE, COX abstained). MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 75 AUGUST 13, 2002 CAROL THORNE motioned and JOHN CHAPIN seconded to allow Mr. Babbidge to recuse himself on this item. Passed: 6-0(BABBIDGE abstained). Agenda Item #6 – Preliminary Major Subdivision – Louis Sr. & Roberta Maietta – Elderberry Circle Louis B., Sr. & Roberta Maietta have submitted a preliminary major subdivision application for the Elderberry Circle Subdivision. This will be a 7-lot subdivision located on 2.76 acres adjacent to Phase VI of the Highland Meadow Subdivision. The property is identified as Assessor’s Map 58, portions of Lot #21 & #22, in the Residential District A. Spokesperson for the applicant: PUBLIC HEARING: David Kamila, Land Use Consultants No comment. The Planning Board discussed access to Lot 7; adding a “Dead-End Street” sign; extending road into Cape Elizabeth; continuation of the esplanade; location of postal boxes; a turnaround for the snowplow; wetlands; note on the plans about not disturbing wetlands; maintenance of the cul-de-sac; and street lighting. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve waivers of Ord. Sec. 24-30(A), 24-42(B), and 24-43(C)(2) and approve the Preliminary Major Subdivision for Elderberry Circle, with the following condition: 1. Standard condition of approval, Planning Board Regulation #5. Passed: 6-0 (BABBIDGE). JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-0 (BABBIDGE). Agenda Item #7 - Public Comment on Items not on the Agenda No public comment. Agenda Item #8 - Comments from the Planning Board and Planning Director The Planning Board will conduct a workshop on August 20, 2002 at 7 P.M. in City Council Chambers on the Noise Ordinance. Agenda Item #9 - Adjournment MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 76 AUGUST 13, 2002 JUDY CARPENTER motioned and JOHN CHAPIN seconded to adjourn. Passed: 7-0. The meeting adjourned at 11:05 P.M. APPROVED 8-27-02 SUSAN CUMMINGS Planning Board Secretary August 13, 2002 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 77 AUGUST 27, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MARY KAHL, Corporation Counsel Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of August 13, 2002 Meeting DAVID SAWYER motioned and STANLEY COX seconded to approve the minutes of August 13, 2002. Passed: 7-0. JUDY CARPENTER motioned and JOHN CHAPIN seconded to allow Mr. Cox to abstain on Item 2A. Passed: 6-0 (COX abstained). Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – Theodore Wainwright – Grandview Estate IV JUDY CARPENTER motioned and CAROL THORNE seconded to approve the release of the $960 Landscaping Performance Guarantee for Grandview Estates IV. Passed: 6-0 (COX abstained). Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – AirTemp – 11 Wallace Avenue CAROL THORNE motioned and JOHN CHAPIN seconded to approve the release of the $8,000 public improvements and $1,275 erosion control Performance Guarantees for AirTemp, 11 Wallace Avenue. Passed: 7-0. Agenda Item #2C – Consent Calendar – Amended Major Subdivision – Glenwood Farms Phase II – L.E.Lydon Construction CAROL THORNE motioned and CRAIG BABBIDGE seconded to approve the Amended Major Subdivision for Glenwood Farms II. Passed: 7-0. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Findings of Fact. Passed: 7-0. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 78 AUGUST 27, 2002 Agenda Item #2D – Consent Calendar – Amended Special Exception & Site Plan – South Portland School Department – Extension of Portable Classroom Approval Period CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve the Amended Special Exception and Site Plan for 120 Wescott Road for an additional 30 days, ending September 30, 2002. Passed: 7-0. CAROL THORNE motioned and DAVID SAWYER seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #2E – Consent Calendar – Amended Site Plan – CN Brown Corporation – Big Apple – Western Avenue JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the Amended Site Plan for 90 Western Avenue. Passed: 7-0. CAROL THORNE motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #3 – Zoning Text Amendment – Development Noise Control Ordinance – Creation of Chapter 30 and Amendment of Chapter 27 – City-Initiated The City-appointed Noise Control Committee is bringing forward a proposed ordinance (Chapter 30, Development Noise Control Ordinance) as part of the implementation of the Project Plan recommendation. The purpose of the ordinance is to provide clear, effective, modern, and enforceable noise performance standards that protect all property owners. This proposed ordinance does not cover so-called behavioral noise issues, like early morning lawn mowing, which will be the subject of a subsequent ordinance proposal. In addition, the proposal contains a corresponding amendment to the site plan application submission requirements in Chapter 27-144(b). The Planning Board will make a recommendation to the City Council. Public Hearing: The following people addressed this item: Rommy Brown, 10 E St. – This ordinance is for the City as a whole. South Portland is growing and needs this. The Committee worked hard to make the wording clear and acceptable to businesses. Letters from David Cyr, Portland Pipeline and David Russell, South Portland Community Affairs Committee – both favorable. The Board discussed exemptions; procedures; terminology; history; waivers; business expansion; attracting new business; and responses by residents. DAVID SAWYER motioned and JOHN CHAPIN seconded to make a positive recommendation to the City Council for adoption of the proposed Development MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 79 AUGUST 27, 2002 Noise Control Ordinance and Zoning Ordinance Text Amendment. Passed: 4-3 (CARPENTER, COX, NIXON). Agenda Item #4 – Special Exception & Site Plan – City of South Portland – Fire Station The City of South Portland is requesting special exception & site plan approval to construct a 10,739-sq. ft. fire station on a 2.75 acres. This building will serve as the West End Fire Station, and will allow a faster emergency response to the western section of town. The area in mention is Assessor’s Map 49, Lot 210, located within the Transitional Central and Regional Commercial District CCRT. Public Hearing: John Mitchell, Mitchell & Associates Ben Walter, CWS Architects The Planning Board discussed wetlands; employees; the building; parking; grading; the detention pond; plan details; construction; access road; and possible future addition. JOHH CHAPIN motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 27-148. Time Limitations, and approve the Special Exception and Site Plan for 34 Crossing Drive. Passed, with conditions: 7-0. JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #5 – Final Major Subdivision & Site Plan – Hawthorne Woods – Brookview Development LLC Brookview Development Group LLC request final major subdivision & site plan review for their 19-lot subdivision on 19.758 acres located on Fickett Street. Access will come from a single access point on Fickett Street. The lot in mention is Assessor’s Map 36, Lot 11, and Map 37, Lots 10 and a portion of Lot 9 located within the Residential District AA. Public Hearing: Michael Pearce, Attorney for applicant Tim Brown, BH2M, engineer for applicant John Sevee, Sevee & Maher, consultant for applicant Albert Frick, Soil Scientist, consultant for applicant Bud Brown, Eco-Analysts, consultant for applicant Ann Morrill, 160 Fickett St. – reasons for not allowing this subdivision. Cynthia Thayer, R. W. Gillespie & Associates – consultant for H.A.N.A. Bob Morrill, 160 Fickett St. – read letter from Les Evans, 155 Fickett St. Chris Vaniotis, Attorney for H.A.N.A. Bob Thayer, 40 Fickett St. – support for project. John Hassom, 237 High St. – support for applicant. Neighbor, Evans St. Extension – had a question about Bob Thayer’s lot. Jim Boyle, Pennsylvania Ave. – concerned about buffering wetlands. Rosa Lane, 145 Fickett St. – doesn’t support this subdivision. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 80 AUGUST 27, 2002 Catherine Frances, 145 Fickett St. – gave size of Bob Thayer’s lot. Doug Roncarati, 31 Ocean View Ave. – landowners can hurt the land. Eugene Gendron, 349 Evans St. – septic system failure. The Planning Board discussed blasting; fill needed; grading plan; drainage; test bores; right of-way note; terminology; wetlands; size of homes; buffering; road length; notes on plans; and language in deeds and Declaration. DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the waivers of Ord. Sec. 24-42(b), 24-41(d), 24-30(a), 24-42(c), and approve the Final Major Subdivision & Site Plan for Hawthorne Woods. Passed, with conditions: 5-2 (CHAPIN, THORNE). JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 6-1 (CHAPIN). Agenda Item #6 - Public Comment on Items not on the Agenda No public comment. Agenda Item #7 - Comments from the Planning Board and Planning Director No comment. Agenda Item #9 - Adjournment CRAIG BABBIDGE motioned and PAUL NIXON seconded to adjourn. Passed: 7-0. The meeting adjourned at 2:05 A.M. SUSAN CUMMINGS Planning Board Secretary August 27, 2002 Approved 9/10/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 81 SEPTEMBER 10, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: JOHN CHAPIN* DAVID SAWYER STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: CAROL THORNE, Chair CRAIG BABBIDGE *arrived at 9 p.m. David Sawyer called the Planning Board meeting to order at 7:00 p.m. and led the Ple dge of Allegiance. Agenda Item #6 – Special Exception & Modified Site Plan – Jeff Waterman – Waterman’s Service Center – 620 Main Street JUDY CARPENTER motioned and STANLEY COX motioned to postpone Agenda Item #6 to the meeting of September 24, 2002. Passed: 4-0. Agenda Item #1 - Approval of Minutes of August 27, 2002 Meeting STANLEY COX motioned and JUDY CARPENTER seconded to approve the minutes of August 27, 2002. Passed: 4-0. Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – BDH Realty – 100 Clarks Pond Parkway JUDY CARPENTER motioned and PAUL NIXON seconded to approve the release of the $1, 500.00 landscaping Performance Guarantee for BDH realty. Passed: 4-0. Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – Roberts Road Associates – 75 John Roberts Road – Building C JUDY CARPENTER motioned and PAUL NIXON seconded to approve the release of the $1, 000.00 landscaping Performance Guarantee for Roberts Road Associates. Passed: 4-0. Agenda Item #2C - Consent Calendar – Special Exception & Modified Site Plan – Custom Detail – Maine Mall Parking Lot MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 82 SEPTEMBER 10, 2002 JUDY CARPENTER motioned and PAUL NIXON seconded to approve the Special Exception and Modified Site Plan application for Custom Detail for their 10’ x 20’ awning/tent located within the Maine Mall parking lot. DAVID SAWYER motioned and JUDY CARPENTER seconded to amend the Main Motion to have an approval for the calendar year 2002 only and require the applicant to come back each year for approval. Failed: 1-3 (CARPENTER, COX, NIXON). Vote on Main Motion. Failed: 2-2 (COX, SAWYER). JUDY CARPENTER motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 4-0. Agenda Item #3 – Request to Purchase City-Owned Land – Tony Baltas & Omid Ghayebi – 0 Southeast Road The Planning Department has received two separate requests from Tony Baltas & Omid Ghayebi to purchase a city-owned parcel of land, which fronts along Southeast Road. The parcel of land, Map 41, Lot 26A, is 2.22 acres in size and is in the Residential District A. The following people addressed this item: Tom Bakker, 17 Peary Terrace – The Mothers’ Club of Lincoln School purchased the land and donated it to the City in the 1950’s in order to extend the playing fields. Kathy Alves, 48 Orlando St. – submitted a petition from the neighbors to preserve this parcel as open space. Doug Roncarati, 31 Ocean View Ave. – the neighbors can get together and clean up the area. Andrea Preston Cash, 18 Robert Mills Rd. – can’t see a reason for developing this parcel; it’s the only greenery left in the neighborhood. Roland Bouchet, 48 Orlando St. – should stay as open space. Letter from Linda McLeod, 125 Strout St. – favors retaining as open space. The Planning Board discussed the City’s lack of funds for purchasing open space; reasons for retaining land already owned by the City; advisability of the Board holding site walks before making decisions on purchase requests; history of the parcel ownership determining reasons for retaining; and plans for cleaning up the parcel. STANLEY COX motioned and JUDY CARPENTER seconded to recommend that the City Council retain the City-owned lot, Assessor’s Map 9, Lot 250, 0 Southeast Road, based on the Planning Board’s determination that there are adverse planning and land use impacts associated with such a sale and that the sale would be inconsistent to the City's Linkage Plan and Open Space Plan. Passed: 4-0. Agenda Item #4 – Request to Purchase City-Owned Land – Christina Fernald – 0 Roosevelt Street MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 83 SEPTEMBER 10, 2002 Christina Fernald is requesting to purchase a city-owned parcel of land, which is located on the paper street portion of Roosevelt Street. The parcel of land, Map 9, Lot 250, is 5,000 square feet in size and is a grandfathered buildable lot under the City’s de merger clause (Ordinance Section 27-7(h). The following person addressed this item: Ralph Sama, Casco, builder – interested in buying this lot. The Planning Board discussed selling the entire parcel or part of it to the applicant; other options for the applicant; exact location of the applicant’s driveway; retaining parcel until the road is completed for the other lots; and the need for a survey to be done. JUDY CARPENTER motioned and PAUL NIXON seconded to postpone this item to the meeting of September 24, 2002 to allow time for a survey to be done. Passed 4-0. Agenda Item #5 – Site Plan – SIVAD, Inc. – 27 Ocean Street SIVAD, LLC has submitted a site plan application for a building that will house 4 office units on the first floor and 4 apartments on the second floor. The lot is currently undeveloped and is 10,088 SF in size. The property in mention is Assessor’s Map 15, Lots 77 & 78 located within the Limited Business District LB and the Knightville Design District. The following people addressed this item: Letter from Michael Drinan, Ocean St. Rommy Brown, 10 E St. – this would contribute to the revitalization of the area. Bill Ciccarone, Ocean St. – in favor of the project; had questions about closing one of the curb cuts. The Planning Board discussed parking; location of the dumpster; soil clean-up; drainage; snow storage and removal; the number of employees; the curb cut closing; and the exit onto A Street. STANLEY COX motioned and JUDY CARPENTER seconded to approve the waiver of Ord. Sec. 24-43(c)(2), and approve the Site Plan for 27 Ocean Street. Passed, with conditions: 5-0. JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #7 – Special Exception & Site Plan – Ed Rowe – HVAC, Inc. – 280 Gannett Drive – Lot #14 Cummings Road Business Park MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 84 SEPTEMBER 10, 2002 Ed Rowe, of HVAC Products Inc., has requested special exception & site plan approval to construct a 5,000 square foot single-story office/warehouse building located on Lot #14 within the Cummings Road Business Park. Initially the applicant will be constructing a 3,500 SF building with an additional 1,500 SF addition in the future. The area in mention is Assessor’s Map 85, Lot 14, located within the Light Industrial District IL. Public Hearing: No comment. The Planning Board discussed the future plans for the site; parking; monumentation; and traffic. JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the waiver of Ord. Sec. 24-43 (c)(2), and approve the Special Exception and Site Plan for 280 Gannett Drive. Passed, with conditions: 5-0. JOHN CHAPIN motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #8 - Public Comment on Items not on the Agenda No public comment. Agenda Item #9 - Comments from the Planning Board and Planning Director Tex Haeuser explained that no behavioral noise ordinance is being worked on and will not be worked on unless the City Council asks for it. Stanley Cox asked that the staff make it clear that Department Head comments have been resolved. He also questioned not allowing the public to speak on Consent Calendar items. Agenda Item #10 - Adjournment JOHN CHAPIN motioned and JUDY CARPENTER seconded to adjourn. Passed: 5-0. The meeting adjourned at 10:30 P.M. SUSAN CUMMINGS Planning Board Secretary September 10, 2002 Approved 9/24/02. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 85 SEPTEMBER 24, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: DAVID SAWYER JOHN CHAPIN* STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON Members Absent: CAROL THORNE, CHAIR *arrived at 9:30 p.m. David Sawyer called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of September 10, 2002 Meeting STANLEY COX motioned and JUDY CARPENTER seconded to approve the minutes of September 10, 2002. Passed: 4-0 (BABBIDGE abstained). Agenda Item #2A - Consent Calendar - Release of Performance Guarantee – Nordica Group – Jennies Court CRAIG BABBIDGE motioned and PAUL NIXON seconded to approve the release of the $80,500.00 public improvement guarantee and the $2,800.00 erosion control guarantee for 129 Evans Street. Passed: 5-0. Agenda Item #2B - Consent Calendar - Release of Performance Guarantee – Jonathan & Stephen Young – Young’s Furniture Market JUDY CARPENTER motioned and PAUL NIXON seconded to postpone this item to the meeting of October 8, 2002. Passed: 5-0. DAVID SAWYER motioned and JUDY CARPENTER seconded to reconsider the Modified Site Plan for Special Exception application by Custom Detail. Passed: 3-2 (COX, NIXON). DAVID SAWYER motioned and JUDY CARPENTER seconded to postpone the Custom Detail application to the meeting of October 8, 2002. Passed: 5-0. Agenda Item #3 – Request to Purchase City Owned Land – Christina Fernald – MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 86 SEPTEMBER 24, 2002 0 Roosevelt Street Christina Fernald is requesting to purchase a city owned parcel of land, which is located on the paper street portion of Roosevelt Street. The parcel of land, Map 9, Lot 250, is 5,000 square feet in size and is a grandfathered buildable lot under the City’s de merger clause (Ordinance Section 27-7(h). A recommendation will be made to the City Council. Public Hearing: The following people addressed this item: David Sawyer read letters and e-mails from Aileen K-Martello, FVNCA; Eli Shank; Merle Broberg; Nancy Durnam; Carol Campbell; Alice Doughty; and Joann D’Orsay. The Board discussed ownership of the lots next to the lot under discussion; reasons for selling or retaining the lot; the possibility of splitting the lot; the location of the owners’ future garage; and the driveway encroachment. JUDY CARPENTER motioned and PAUL NIXON seconded to recommend the City Council to approve the sale of Map 9, Lot 250, 0 Roosevelt Road. CRAIG BABBIDGE motioned and PAUL NIXON seconded to amend the main motion to sell 25 feet of the lot and retain 25 feet of the lot. Passed: 3-2 (CARPENTER, COX). Vote on Main Motion as amended: Passed: 4-1 (COX). Agenda Item #4 – Special Exception & Modified Site Plan – Jeff Waterman – Waterman’s Service Center – 620 Main Street Jeff Waterman, of Waterman’s Service Center, is requesting Special Exception & Modified Site Plan approval for the opportunity to sell up to 10 used cars on his lot located at 620 Main Street. The area in mention is Assessor’s Map 53, Lot 121, located within the Limited Business District LB. PUBLIC HEARING: No comment. Spokesperson for the applicant: Phil DeLeon, Wilbur-Smith Associates The Planning Board discussed the landscaping and the number of cars being sold. STANLEY COX motioned and JUDY CARPENTER seconded to approve the Special Exception and Modified Site Plan for selling 10 used vehicles at 620 Main Street. Passed, with conditions: 5-0. JUCY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #5 – Amended Site Plan – Port Harbor Marine – 1 Spring Point Drive MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 87 SEPTEMBER 24, 2002 Port Harbor Marine has submitted an amended site plan application for the creation of 24 additional slips to the existing 250-slip marina. The applicant will be removing the 18,775 square foot floating tire breakwater and expanding the existing “H” Dock and creating the “I” Dock. Electricity and water will be extended down to these new docks. A new fire hydrant will be installed at the end of the existing Main Run and the proposed “I” Dock. The pr operty in mention is Assessor’s Map 4, Lot 5C and Map 5 Lot 74C located in the Spring Point District SP and Shoreland. PUBLIC HEARING: Bob Soucy, Port Harbor Marine Paul Jensen, Marina Manager The Planning Board the location of the new slips; the movement of boats within the marina; location of the fuel area; and adding note to plan about posting signs. CRAIG BABBIDGE motioned and PAUL NIXON seconded to approve the waiver of Ord. Sec. 27-148(A) Time Limitations for a one-year approval, and approve the Amended Site Plan for Port Harbor Marine, Inc. at 1 Spring Point Drive. Passed, with conditions: 5-0. JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #6 – Final Major Subdivision & Site Plan – Conifer Woods LLC – Conifer Woods Subdivision Conifer Woods LLC requests final major subdivision & site plan approval for their proposed Conifer Woods Subdivision. The project consists of 36 attached condominium units on 14.61 acres of land located within the Residential A district. The units will be arranged in 9 buildings with 4 two bedroom condominiums each. The property in mention is Assessor’s Map 58, Lot 22, within the Residential District A. Public Hearing: Steve Harding, Oest Associates Arlen Davis, Applicant Michelle Sowerby, 8 Boysenberry Dr. – asked about the traffic study. The Board discussed the traffic study; open space and trails; the drainage and sewer systems; lighting; landscaping; restrictions in condominium documents about open space; and money escrowed for a traffic warrant analysis. STANLEY COX motioned and JUDY CARPENTER seconded to approve the waivers of Ord. Sec. 24-42(B) and Ord. Sec. 24-30(a), and approve the Final Major Subdivision and Site Plan for Conifer Woods at 239 Barnstable Road. Passed, with conditions: 5-0. CRAIG BABBIDGE motioned and JUDY CARPENTER seconded to approve the Findings of Fact. Passed: 5-0. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 88 SEPTEMBER 24, 2002 Agenda Item #7 – Site Plan – The Museum of Glass & Ceramics – 682 Broadway The Museum of Glass & Ceramics requests site plan approval to convert the former State Armory building and site into a museum. The redevelopment of the site will include an access drive, drop-off area and paved parking for 58 spaces. The applicant is requesting a waiver of Time Limitations due to they need to fundraise for the building, resulting in construction not taking place until May 2004. The lot in mention is Assessor’s Map 19, Lot 158 located within the Residential District A. Richard Renner, Van Dam Renner Bruce Buxton, Board of Directors, Museum of Glass & Ceramics John Holverson, Museum Director Paul Draper, Fundraising consultant Carol Johnson, Carol R. Johnson Associates John Mitchell, Mitchell & Associates Tom Gorrill, Gorrill-Palmer Engineers Bob Danielson, Attorney David Jacobs, High St. – spoke on creating an arts council Jane Eberle, Pilgrim Rd. – the project will be a huge asset to the City and Mill Creek Chris Soule, 10 Churchill Rd. – the museum will be a great addition to the neighborhood Mabel Graney, 75 Scamman St. – wonderful addition and use for the building; how far will the parking area extend? grading for drainage needs to be done properly Stephanie Gilbert, 15 Hudson Rd. – concerns with traffic, encroachment on the neighborhood, maintaining the present buffer, and adding a trail Dennis Gilbert, 15 Hudson Rd. – don’t add a trail; there will be too many cars and traffic; keep out the foot traffic Robert Schwartz, 35 Scamman St. – not opposed to the museum; project isn’t ready for Board review; retail sales may not be allowed in this zone; concerns with traffic, parking, and the trail Letters from Rommy Brown and Michael Drinan. The Board discussed the intersection; traffic; financial capability; signage; alternate routes for entering and exiting; pedestrian access; parking; buffering; trail availability; bus parking; the CMP corridor; fence; employees; construction schedule; longer approval time; a site walk; drainage; and asking for a traffic count. DAVID SAWYER motioned and CRAIG BABBIDGE seconded to schedule a site walk of the property on October 3, 2002 at 5:30 P.M. Passed: 4-2 (CARPENTER, CHAPIN). CRAIG BABBIDGE motioned and DAVID SAWYER seconded to postpone the item to the meeting of October 8, 2002. Passed: 4-2 (CARPENTER, CHAPIN). Public Hearing: Agenda Item #8 - Public Comment on Items not on the Agenda MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 89 SEPTEMBER 24, 2002 No public comment. Agenda Item #9 - Comments from the Planning Board and Planning Director DAVID SAWYER motioned and JOHN CHAPIN seconded to agree to waive the joint review with Scarborough of the Amended Subdivision for Walter C. Nielsen Business Park. Passed: 5-0. Agenda Item #10 - Adjournment JUDY CARPENTER motioned and DAVID SAWYER seconded to adjourn. Passed: 5-0. The meeting adjourned at 12:40 A.M. Approved 10-8-02 SUSAN CUMMINGS Planning Board Secretary September 24, 2002 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 90 OCTOBER 8, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair DAVID SAWYER STANLEY COX CRAIG BABBIDGE PAUL NIXON Members Absent: JUDY CARPENTER JOHN CHAPIN Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 - Approval of Minutes of September 24, 2002 Meeting STANLEY COX motioned and PAUL NIXON seconded to approve the minutes of September 24, 2002. Passed: 4-0 (THORNE abstained). Agenda Item #2A – Consent Calendar – Reconsideration of the Special Exception & Modified Site Plan – Custom Design – Maine Mall Parking Lot STANLEY COX motioned and PAUL NIXON seconded to open this item to public comment. Passed: 5-0. Spokesperson for the project: Robert Milanese, Custom Detail The Board discussed the reason for the review; the type of facility; and the seasonal aspect of the work. DAVID SAWYER motioned and CRAIG BABBIDGE seconded to approve the Special Exception and Modified Site Plan for Custom Detail awning/tent to be located in the Maine Mall parking lot until November 30, 2002. Passed, with conditions: 3-2 (COX, NIXON). DAVID SAWYER motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #2B – Consent Calendar – Amended Site Plan – Fairchild Semiconductor – Bulk Gas Building Expansion – 333 Western Avenue STANLEY COX motioned and PAUL NIXON seconded to approve the Amended Site Plan for 333 Western Avenue. Passed: 5-0. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 91 OCTOBER 8, 2002 CRAIG BABBIDGE motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #2C – Consent Calendar - Amended Site Plan – Fairchild Semiconductor – Generator Building – 333 Western Avenue CRAIG BABBIDGE motioned and CAROL THORNE seconded to approve the Amended Site Plan for 333 Western Avenue. Passed: 5-0. STANLEY COX motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item D – Consent Calendar – Release of Performance Guarantees – Stephen & Jonathan Young – Young’s Furniture Market – 161 Western Avenue CAROL THORNE motioned and CRAIG BABBIDGE seconded to approve the release of the $17,400.00 Public Improvements and $2,040.00 Erosion Control (half $4,080.00) Performance Guarantees for Young’s Furniture Market, 161 Western Avenue. Passed: 5-0. Agenda Item #3 – Site Plan – The Museum of Glass & Ceramics – 682 Broadway The Museum of Glass & Ceramics requests site plan approval to convert the former State Armory building and site into a museum. The redevelopment of the site will include an access drive, drop-off area and paved parking for 58 spaces. The applicant is requesting a waiver of Time Limitations due to they need to fundraise for the building, resulting in construction not taking place until May 2004. The lot in mention is Assessor’s Map 19, Lot 158 located within the Residential District A. Public Hearing: The following people addressed this item: Richard Renner, Van Dam & Renner, spokesperson for the applicant. Paul Draper, fundraiser for the applicant. Bob Danielson, attorney for the applicant. Andy Gonzales, attorney with Bob Danielson. Michael Drinan, President, Waterfront Market Association-supports this project. Dennis Gilbert, 15 Hudson Rd.-would like the parking relocated to another area on the parcel and wants the fence to follow the curb. He doesn’t want to lose the buffering. Bob Schwartz, 35 Scamman St.-agrees with Mr. Gilbert; the project has been mishandled by the City staff; the City is pushing the project through; the Board is being hoodwinked by the traffic consultant; the museum director has disregarded most of what the neighborhood wanted; the parking can be moved away from the neighbors. The Board discussed Portland Pipeline easement; the Central Maine Power property; the location of the fence; the new slip lane for the entrance; the size of the curb cut and if it is large enough for buses; the sale of the City property; a fee paid by the museum in lieu of MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 92 OCTOBER 8, 2002 taxes; the drainage system; the location of the parking lot; buffering for the neighbors; requiring a document from Fleet Bank concerning guarantee of money from pledges and correction of note on Sheet3. CAROL THORNE motioned and PAUL NIXON seconded to postpone this item to the meeting of October 22, 2002 to allow the Police Chief to review the new traffic data; to get a resolution with the lease from Central Maine Power Company and the easement from Portland Pipeline; to show a document from Fleet Bank relating to guaranteeing money from pledges; and refine the parking area. Passed: 5-0. Agenda Item #4 – Preliminary Major Subdivision – Parkway Pines – GLM Associates – Unnamed Road leading into Wainwright Recreation Complex GLM Associates have submitted a preliminary major subdivision application for Parkway Pines. The project consists of two lots on 6.17 acres. The property is located off Highland Avenue off from the unnamed road leading into the Wainwright Recreation Complex. Lot A is slated for development as a convenience store and Lot B will be developed as twenty residential condominium units. The property in mention is Assessor’s Map 59, Lot 24, in the Residential District G-1. PUBLIC HEARING: No comment. Spokesperson for the applicant: David Kamila, LUC The Planning Board discussed the location of the decks on the rear of the units; the drainage system; the type of store; the sewer system; and locating a crosswalk on Highland Avenue. DAVID SAWYER motioned and STANLEY COX seconded to approve the Preliminary Major Subdivision for Parkway Pines and a waiver of Ord. Sec. 24-42(B). Passed: 5-0. CAROL THORNE motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #5 – Request to Purchase City Tax-Acquired Land – Robert Mills Road Ms. Dawn DiMauro is requesting to purchase a tax-acquired parcel of land, which fronts on Robert Mills Road. The parcel of land (Map 40, Lot 137) is 2,500 square feet in size and is adjacent to her property located at 56 Robert Mills Road (Map 40, Lot 136C). The parcel by itself is not a buildable lot. The Planning Board will make a recommendation to the City Council. CAROL THORNE motioned and CRAIG BABBIDGE seconded to postpone this Item to October 22, 2002. Passed: 5-0. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 93 OCTOBER 8, 2002 Agenda Item #6 – Special Exception & Modified Site Plan – City of South Portland – Cash Corner Fire Station The City of South Portland is requesting site plan approval to construct a 896-sq. ft. (footprint) garage along the rear of the Cash Corner Fire Station. The garage will be 2-story and primarily be for the storage of fire equipment and the station’s pick-up truck. The area in mention is Assessor’s Map 41, Lot 124A, located within the Limited Business District LB and the Residential District A. Spokesperson for the applicant: Lt. Bob Rogers, SPFD Public comment: No comment. The Board discussed the reason for the garage; the natural vegetation; the current condition of the lot; and maintenance activity inside the building. CRAIG BABBIDGE motioned and CAROL THORNE seconded to approve the Site Plan for 360 Main Street. Passed, with conditions: 5-0. CAROL THORNE motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 5-0. Agenda Item #7 - Public Comment on Items not on the Agenda No public comment. Agenda Item #8 - Comments from the Planning Board and Planning Director Agenda Item #9 - Adjournment STANLEY COX motioned and CRAIG BABBIDGE seconded to adjourn. Passed: 5-0. The meeting adjourned at 11:16 P.M. SUSAN CUMMINGS Planning Board Secretary October 8, 2002 Approved 10/22/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 94 OCTOBER 22, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN STANLEY COX JUDY CARPENTER PAUL NIXON Members Absent: CRAIG BABBIDGE DAVID SAWYER Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 – Approval of Minutes of October 8, 2002 Meeting STANLEY COX motioned and PAUL NIXON seconded to approve the minutes of October 8, 2002. Passed: 3-0 (CARPENTER, CHAPIN abstained). Agenda Item #2 – Consent Calendar Agenda Item #5 – Zoning Text Change – GLM Associates – Conditional Residential G-1 GLM Associates, Inc. has requested a zoning text change to the Conditional Residential G -1 District. This change would be to Ordinance Section 27-405 Space & Bulk Regulations reducing the seventy-five (75) foot setback from the stream channel to a sixty (60) foot setback for all structures on lands adjacent to Gambler’s Arm Brook. The Planning Board will make a recommendation to the City Council. JUDY CARPENTER motioned and STANLEY COX seconded to postpone this item to November 12, 2002. Passed: 5-0. Agenda Item #3 – Site Plan – The Museum of Glass & Ceramics – 682 Broadway The Museum of Glass & Ceramics requests site plan approval to convert the former State Armory building and site into a museum. The redevelopment of the site will include an access drive, drop-off area and paved parking for 58 spaces. The applicant is requesting a waiver of Time Limitations due to they need to fundraise for the building, resulting in construction not taking place until May 2004. The lot is identified as Assessor’s Map 19, Lot 158 located within the Residential District A. Carol Thorne introduced this item with a statement on the Planning Board process for reviewing projects, and asked the Board to vote on re-opening the public hearing. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 95 OCTOBER 22, 2002 CAROL THORNE motioned and STANLEY COX seconded to allow the public hearing to be re-opened. Passed: 5-0. Spokespersons for the applicant: Richard Renner, Van Dam & Renner Bruce Buxton, President, Board of Trustees John Holverson, Museum Director Public hearing: E-mail correspondence & letters from the following people were read: James Erwin, Pierce Atwood, for Dorothy-Lee Jones Aileen K-Martello, FVNCA President – supports the project Emily Materson – supports the project Anthony McCann, 215 High St. – supports the project Christopher Soule, Churchill Rd. – supports the project Jason Huchel, 14 Churchill Rd. – supports the project The following people addressed this item: Dick Bernard, 5 E St. – supports the project David Bourke, 26 Henry St. – supports the project Dennis Gilbert, Hudson Rd. – supports the project David Jacobs, 52 High St. – supports project; announced formation of new group to support the project Michael Drinan, President, Waterfront Market Assoc. – supports the project Karl Laws, Ocean St. – supports the project David Gooch, Snow Squall, 18 Ocean St. – supports the project Rommy Brown, 10 E St. – supports the project Jane Eberle, Pilgrim Rd – supports the project Abby Huntoon, 170 Harriet St. – supports the project Rita H., 34 Longswoods Rd., Cumberland – one of the tourists who will visit the museum; please approve it. The Planning Board discussed the financing; a walkway; drainage system; parking; the Portland Pipeline easement; and the wider curb cut. JUDY CARPENTER motioned and JOHN CHAPIN seconded to approve the waivers of Ord. Sec. 24-43(c)(2), 27-160(k)(5), and 27-148(a) (2-year site plan approval) and approve the Site Plan for the redevelopment of the South Portland Armory into The Museum of Glass & Ceramics located at 682 Broadway. Passed, with conditions: 5-0. CAROL THORNE motioned and JOHN CHAPIN seconded to recommend to the City Council that the Planning Board finds no land use reasons or Comprehensive Plan reasons not to convey the City-owned parcel known as Hudson Road extension. Passed: 5-0. JUDY CARPENTER motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 5-0. MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 96 OCTOBER 22, 2002 Agenda Item #4 – Request to Purchase City Tax-Acquired Land – Robert Mills Road Ms. Dawn DiMauro is requesting to purchase a tax-acquired parcel of land, which fronts on Robert Mills Road. The parcel of land (Map 40, Lot 137) is 2,500 square feet in size and is adjacent to her property located at 56 Robert Mills Road (Map 40, Lot 136C). The parcel by itself is not a buildable lot. The Planning Board will make a recommendation to the City Council. PUBLIC HEARING: No comment. The Planning Board discussed Calais Street as a connection to the ball fields; the comment by the engineering department; the comment by the parks & recreation department; and the need for a site walk. JUDY CARPENTER motioned and CAROL THORNE seconded to recommend to the City Council to sell the property known as Map 40, Lot 137, 0 Robert Mills Road. JOHN CHAPIN motioned and JUDY CARPENTER seconded to amend the Main Motion that the issue of utility easements be satisfied with the engineering department prior to putting the property up for sale. Passed: 4-1(NIXON). Vote on Main Motion, as amended. Passed: 3-2 (COX, NIXON). Agenda Item #6 - Public Comment on Items not on the Agenda No public comment. Agenda Item #7 - Comments from the Planning Board and Planning Director Agenda Item #9 - Adjournment JOHN CHAPIN motioned and PAUL NIXON seconded to adjourn. Passed: 5-0. The meeting adjourned at 10:00 P.M. SUSAN CUMMINGS Planning Board Secretary October 22, 2002 Approved 11/12/02 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 97 NOVEMBER 12, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary Members Present: CAROL THORNE, Chair JOHN CHAPIN* DAVID SAWYER STANLEY COX CRAIG BABBIDGE JUDY CARPENTER PAUL NIXON *Arrived late Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 – Approval of Minutes of October 22, 2002 Meeting JUDY CARPENTER motioned and STANLEY COX seconded to approve the minutes of October 24, 2002. Passed: 4-0 (BABBIDGE, SAWYER abstained)(CHAPIN absent). Agenda Item #2A – Consent Calendar – Amended Subdivision – Walter C. Neilsen Business Park – 2290 Broadway - Grondin Properties LLC & R.J. Grondin & Sons Inc. This item was postponed to December 10, 2002. Agenda Item #2B – Amended Site Plan – Fairchild Semiconductor – 333 Western Avenue STANLEY COX motioned and DAVID SAWYER seconded to approve the amended site plan for Fairchild Semiconductor at 333 Western Avenue. Passed: 6-0 (CHAPIN absent). JUDY CARPENTER motioned and CAROL THORNE seconded to approve the Findings of Fact. Agenda Item #2C – Release of Performance Guarantees – Filmike Inc. – 1 Industry Rd. Agenda Item #2D – Release of Performance Guarantee – National Semiconductor – 5 Pope Road DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the release of the performance guarantees for Filmike, Inc., 1 Industry Road, and National Semiconductor, 5 Pope Road, as requested. Passed: 6-0 (CHAPIN absent). 97 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 98 NOVEMBER 12, 2002 Agenda Item #2E – Release of Performance Guarantee – Joseph Ramonas – 330 Sawyer Street DAVID SAWYER motioned and PAUL NIXON seconded to open this item to public comment. Passed: 6-0 (CHAPIN absent). Public comment: Nancy Abel, President, Victoria Court Condominium Association – very concerned with problems at site; still very wet; would like to withhold 50% of performance guarantee until spring in order to check problem areas. Joseph Ramonas – worked closely with the City’s engineer and the Association’s engineer, and adhered to all the conditions placed on the project. The Board discussed holding some of the guarantee money; the responsibility for maintaining the swales; the installation of the gutters; and the evaluation of the work in the spring. JUDY CARPENTER motioned and CRAIG BABBIDGE seconded to approve the release of the $59, 860.00 public improvements and erosion control guarantees for Joseph Ramonas for 330 Sawyer Street. Passed: 5-1 (COX) (CHAPIN absent). John Chapin asked to be excused from voting on Item #3 because of a financial conflict. DAVID SAWYER motioned and PAUL NIXON seconded to allow Mr. Chapin to be excused. Passed: 6-0 (CHAPIN abstained). Agenda Item #3 – Amended Subdivision – Fairchild Semiconductor – 82 Running Hill Road Fairchild Semiconductor is requesting amended subdivision at 82 Running Hill Road to amend the “condominium” subdivision, originally approved by the City in 1986, to a traditional subdivision of three lots. The first lot, Lot A, consists of 12.37 acres with an existing building, parking areas and Executive Drive. Fairchild is proposing to purchase what is being proposed as Lots B (4.29 acres) and C (5.42 acres) from Turnpike West Associates. The proposal also includes the delineation of a 50-foot private right-of-way that will overlay over where the main access drive is today. The area is identified as Assessor’s Map 73, Lot 11 located within the Central and Regional Commercial District CCRT. Spokesperson for the applicant: Public hearing: None. The Board discussed Fairchild’s reasons for not contributing to a sidewalk escrow; the Sidewalk Master Plan; and the City’s cost for constructing a sidewalk on Running Hill Road adjacent to this site. DAVID SAWYER motioned and JUDY CARPENTER seconded to approve the amended subdivision for Fairchild Semiconductor, 82 Running Hill Road. Passed, with conditions: 6-0 (CHAPIN abstained). 98 Joel Pond, Fairchild Semiconductor MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 99 NOVEMBER 12, 2002 CAROL THORNE motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 6-0 (CHAPIN abstained). Agenda Item #4 – Minor Subdivision – Lowell Heights – 122 & 123 Lowell Street – Arlen Davis Arlen Davis requests minor subdivision review for Lowell Heights a 3 lot subdivision located at the terminus of Lowell Street. The lots in mention are Assessor’s Map 10, Lot 389E and 389G located within the Residential District A & Residential District G. Spokesperson for the applicant: Steve Harding, Oest Associates Public hearing: Carole Daigle, 93 Everett Ave. – is this being done for a single-family house? The Board discussed drainage; the donation of land to the City by the applicant; the history of the two parcels; the location of the end of Lowell Street; the frontage for Lots 2 and 3; the type of soil; the area for the City’s snowplowing; and the responsibility for maintaining this area. STANLEY COX motioned and PAUL NIXON seconded to approve the minor subdivision for Lowell Heights, and a waiver of Ord. Sec. 24-43(c)(2). Passed: 7-0. CAROL THORNE motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER out of room). Agenda Item #5 – Master Plan – Home Properties Inc. – Westbrook Street - Apartments Home Properties are requesting Master Plan approval for their proposed 120-unit apartment complex located on an 8.7-acre parcel off Westbrook Street. This project is proposed to be constructed in a three-phase approach. The applicant proposes a development consisting of 60 one-bedroom units, 36 two-bedroom units, and 24 three-bedroom units within the complex. The area is identified as Assessor’s Map 44, Lot 12, located within the Suburban Commercial District CS. Spokespersons for the applicant: Public hearing: None. The Board discussed the traffic study; the impact on Redbank school; the size of the project for the area; exits; sidewalks; play areas; controlling the construction of the three phases; timing construction to fit with area improvements; landscaping; and the need for rental units. JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the Master Plan for Home Properties, Inc. located on Westbrook Street. Passed: 7-0. 99 Shawn Frank, Sebago Technics, Inc. Bill Eaton, Traffic Engineer MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 100 NOVEMBER 12, 2002 JOHN CHAPIN motioned and JUDY CARPENTER seconded to approve the Findings of Fact. Passed: 7-0. Agenda Item #6 – Zoning Text Change – Conditional Residential G-1 – GLM Associates, Inc. GLM Associates has requested a zoning text amendment to the Conditional Residential G-1 District in order to reduce the required 75-foot setback from Gambler's Arm Brook to 60feet. The Conditional Residential District G-1 encompasses Assessor’s Map 59, Lots 13A and 24 and Map 60, Lots 1, 3, & 4. Spokesperson for the applicant: Vincent Maietta, GLM Associates Public hearing: None. The Board discussed the Department of Environmental Protection requirements for setbacks; the use of the decks; alternative setbacks; and area flooding. JOHN CHAPIN motioned and DAVID SAWYER seconded to recommend to the City Council approval of the text changes, reducing the 75-foot setback to 60-feet, to the Conditional Residential District G-1, based on the determination that the text change is pursuant to and consistent with the Comprehensive Plan and is consistent with Ord. Sec. 27-10 & Ord. Sec. 27-11. Passed: 7-0. Agenda Item #7 – Public Comment on Items Not on the Agenda No public comment. Agenda Item #8 – Comments From the Planning Board and Planning Director CAROL THORNE motioned and JOHN CHAPIN seconded to recommend to the City Council that the attendance provision be waived for cause for Craig Babbidge. Passed: 6-0 (BABBIDGE abstained). Agenda Item #9 – Adjournment JOHN CHAPIN motioned and JUDY CARPENTER seconded to adjourn. Passed: 7-0. The meeting adjourned at 10:45 P.M. SUSAN CUMMINGS Planning Board Secretary November 12, 2002 Approved 12/10/02 100 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 101 DECEMBER 10, 2002 LOCATION: TIME: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME 7:00 P.M. Staff Present: TEX HAEUSER, Planning Director JAMES GAILEY, Site Planner SUSAN CUMMINGS, Secretary MILES HASKELL, Deputy Fire Chief Members Present: CAROL THORNE, Chair JOHN CHAPIN DAVID SAWYER STANLEY COX CRAIG BABBIDGE PAUL NIXON Members Absent: JUDY CARPENTER Carol Thorne called the Planning Board meeting to order at 7:00 p.m. and led the Pledge of Allegiance. Agenda Item #1 – Approval of Minutes of November 12, 2002 Meeting STANLEY COX motioned and JOHN CHAPIN seconded to approve the minutes of November 12, 2002. Passed: 5-0 (BABBIDGE, CARPENTER absent). Agenda Item #2A – Consent Calendar - Amended Subdivision & Site Plan – Walter C. Neilsen Business Park – 2290 Broadway JOHN CHAPIN motioned and DAVID SAWYER seconded to approve the Amended Major Subdivision and Site Plan for the Walter C. Neilsen Business Park at 2290 Broadway. Passed: 6-0 (CARPENTER absent). JOHN CHAPIN motioned and STANLEY COX seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #2B – Consent Calendar - Release of Performance Guarantees – G.D.G. Associates – 240 Maine Mall Road DAVID SAWYER motioned and JOHN CHAPIN seconded to approve the release of the $17, 000 Public Improvements and $1, 300 Erosion Control Performance Guarantees for G.D.G. Associates, Wendy’s, at 240 Maine Mall Road. Passed: 6-0 (CARPENTER absent). Agenda Item #2C – Consent Calendar – Amended Site Plan – South Portland School Department – Portable Classrooms at Memorial Middle School CRAIG BABBIDGE motioned and PAUL NIXON seconded to approve the Amended Site Plan for 120 Wescott Road. Passed, with conditions: 6-0 (CARPENTER absent). 101 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 102 DECEMBER 10, 2002 JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #3 – Amended Site Plan – Fairchild Semiconductor – 333 Western Avenue – Bulk Chemical Supply Facility Fairchild Semiconductor is requesting amended site plan approval to construct a new bulk chemical supply facility between its Building #17 and the Wellness Center located on the corner of Western Avenue and Foden Road. This will be an outdoor area consisting of a large concrete slab, a metal canopy over the center of 1/3 of the slap area, and a small 10’ x 10’ x 8’ steel structure housing electrical distribution equipment and the fire suppression foam tank. The area is identified as Assessor’s Map 48, Lots 2D, 2F, and 3A and Map 49, Lot 92B located within the Light Industrial District. John Chapin asked to recuse himself from participating in this item because he is a Fairchild stockholder. STANLEY COX motioned and CAROL THORNE seconded to allow Mr. Chapin to recuse himself. Passed: 5-0 (CHAPIN abstained)(CARPENTER absent). PUBLIC HEARING: Albert Ayre, representing E.G.Foden Co. – questions on the evacuation plan, security, the waiver of a BOCA standard, and the effect on a property owner’s insurance. Spokespersons for the applicant: David Russell, Fairchild Steven Harding, Oest Associates Tom Golden, Project Manager The Planning Board discussed the approval by the City Fire Department; the type and properties of the chemicals used; the transportation and distribution of the chemicals; security measures; the evacuation plan; the type of fencing; training employees; the drainage system; and BOCA standards. PAUL NIXON motioned and DAVID SAWYER seconded to approve the waiver of Ord. Sec. 2443(C)(2) and approve the Amended Site Plan for 333 Western Avenue. Passed: 5-0 (CHAPIN abstained)(CARPENTER absent). DAVID SAWYER motioned and CAROL THORNE seconded to approve the Findings of Fact. Passed: 5-0 (CHAPIN abstained)(CARPENTER absent). Agenda Item #4 – Amended Site Plan – Broadway Self-Storage – 2092 Broadway Ronald Blanchard, of Broadway Industries, has submitted an amended site plan application for the creation of two new steel self-storage buildings comprising of 64-individual units, consistent with the design and colors of his existing self-storage facility. The area in mention is Assessor’s Map 65, Lots 16 & 20 within the Commercial C District. PUBLIC HEARING: No comment. 102 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 103 DECEMBER 10, 2002 Spokesperson for the applicant: Tom Greer, Pinkham & Greer The Planning Board had no questions for the applicant. CRAIG BABBIDGE motioned and PAUL NIXON seconded to approve the Amended Site Plan for 2092 Broadway. Passed, with conditions: 6-0 (CARPENTER absent). JOHN CHAPIN motioned and PAUL NIXON seconded to approve the Findings of Fact. Passed: 6-0 (CARPENTER absent). Agenda Item #5 – Amending Planning Board Regulation #4 – City Initiated – Revisions and Additions to Development Applications The South Portland Planning Department is requesting an amendment to Planning Board Regulation #4 (Applications and Instructions). The Planning Department is requesting three amendments to Regulation #4 in order to allow for: the creation of a De Minimis Change Application; the creation of a Request to Purchase City Owned/Tax-Acquired Land Application; and a new application that combines the Final Major Subdivision and the Site Plan applications making the application process more userfriendly. Public Hearing: No comment. The Planning Board discussed the reasons for having fees; the need for increasing fees; the reason for adding the new applications; and the reason for combining the two current applications. JOHN CHAPIN motioned and PAUL NIXON seconded to approve the amendment to Planning Board Regulation #4, in order to allow for the incorporation of the De Minimis Change Application; the Request to Purchase City-Owned /Tax-Acquired Property Application; and for the combining of the Final Major Subdivision Application and the Site Plan Application into a new single application to be referred to as the Final Major Subdivision & Site Plan Application. PAUL NIXON motioned and CRAIG BABBIDGE seconded to amend the main motion to raise the fee for the De Minimis Change Application from $25.00 to $50.00. Passed: 4-2 (CHAPIN, SAWYER). Vote on Main Motion, as amended. Passed: 5-1 (COX). Agenda Item #6 – Election of a New Planning Board Chair – Year 2003 The Planning Board will conduct their annual Planning Board Chair nominations and election. CAROL THORNE motioned to nominate David Sawyer and JOHN CHAPIN seconded. Vote to elect the nominee as the new Chair for 2003. Passed: 6-0 (CARPENTER absent). 103 MINUTES OF THE PLANNING BOARD VOL. 31 PAGE 104 DECEMBER 10, 2002 Agenda Item #7 – Public Comment on Items Not on the Agenda No comment. Agenda Item #8 – Comments From the Planning Board and Planning Director Mr. Haeuser announced the PACTS meeting at the South Portland/Cape Elizabeth joint workshop on December 11, 2002. Carol Thorne was presented with a plaque as thanks for her service as 2002 Chair of the Planning Board. Ms. Thorne announced the dates for the Council to hear the Noise Ordinance draft. On January 13 – Workshop; January 20 – First Reading; and February 3 – Second Reading. Agenda Item #9 – Adjournment JOHN CHAPIN motioned and CRAIG BABBIDGE seconded to adjourn. Passed: 6-0 (CARPENTER absent). The meeting adjourned at 9:32 P.M. APPROVED 1/14/03 Susan Cummings December 10, 2002 104