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Minutes Jan 04 - Dec 04 - South

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					Index

January 13, 2004
January 27, 2004
February 10, 2004
February 24, 2004
March 9, 2004
April 13, 2004
May 11, 2004
June 8, 2004
June 22, 2004
July 13, 2004
August 10, 2004
September 14, 2004
September 28, 2004
October 12, 2004
October 26, 2004
November 9, 2004
December 14, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 1
                           JANUARY 13, 2004

LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
JOHN CHAPIN                             JAMES GAILEY, Site Planner
DAVID SAWYER                            SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the December 30, 2003 Meeting

BABBIDGE motioned and COX seconded to approve the minutes of December
30, 2003. Passed: 6-0 (Sawyer abstained).


Agenda Item #2A – Consent Calendar – Extension to Site Plan approval – Home
Properties, Inc. – 670 Westbrook Street

THORNE motioned and NIXON seconded to approve the extension of the Site
Plan approval for the proposed Liberty Commons, 670 Westbrook Street, for an
additional year, and to approve the waiver of Ord. Sec. 27-148 Time Limitations
in order to extend the approval to February 12, 2005. Passed, with conditions:
7-0.

SAWYER motioned and CHAPIN seconded to approve the Findings of Fact.
Passed: 7-0.

Agenda Item #2B – Consent Calendar – Extension to Site Plan Approval – Marlin
Enterprises, LLC – 50 Donald B. Dean Drive

COX motioned and NIXON seconded to approve the extension of the Site
Plan approval for the proposed 10,200 SF office building, 50 Donald B.
Dean Drive, for an additional year, and approve the waiver of Ord. Sec. 27-
148 Time Limitations in order to extend the approval to February 12, 2005.
Passed, with conditions: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passd: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 2
                           JANUARY 13, 2004

Agenda Item #3 – Preliminary Major Subdivision – Justin & Kelly Dearborn – 725
Highland Avenue – Dyer Farm Estates

Justin & Kelly Dearborn have submitted a preliminary major subdivision application for a
4-lot subdivision off Highland Avenue. The applicant is proposing to create a short cul-de-sac
off Highland Avenue to provide access and street frontage for three proposed lots. The fourth
lot is the existing farmhouse that fronts along Highland Avenue. At the December 9, 2003
meeting the Planning Board made the determination that the application will be processed
through the major subdivision requirements. The property is Assessor’s Map 38, Lot 66, in the
Residential District A.

Spokespersons for the applicant: Andy Morrill, BH2M Engineers
                             Justin Dearborn, Dearborn Construction

Public Hearing: The following people addressed this item:
      Peter Walsh, 55 Cleveland Cir. – explained drainage system he built for his property
and asked that the Board address the water problem.
      Arnie Hoffman, 41 Cleveland Cir. – concerned that the planned detention pond will
cause more water and mosquito problems; wants the natural buffer left in place or wants
trees placed to provide buffering; discussed the private drain and asked for raised pavement
at the Highland Avenue entrance.

The Planning Board discussed the advisability of using a hammerhead instead of a cul-de-sac;
the problems associated with detention/retention ponds; correcting several notes on the
plans; the drainage system planned for the site; the maintenance of the system; drainage
easements; location of catch basins; wetlands; buffering; maintenance and condition of
existing private drainage pipe; and placing raised pavement at the entrance of the roadway at
Highland Avenue.

CHAPIN motioned and NIXON seconded to approve the Preliminary Major
Subdivision for Dyer Farm Estates, and approve the waiver of Ord. Sec. 24-
42(B).

BABBIDGE motioned and NIXON seconded to amend the Main Motion to add the
following conditions:
      2. The applicant will add buffering by way of plantings along the abutting
property line to the satisfaction of the Planning staff.
      3. The applicant will make a thorough investigation of the condition of the
existing 12” outflow pipe and obtain a reasonable solution along with the proper
easements.

Amendment Passed: 4-3 (Chapin, Cox, Sawyer).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 3
                           JANUARY 13, 2004

Vote on the Main Motion as amended. Failed: 3-4 (Chapin, Cox, Sawyer,
Thorne).

THORNE motioned and CHAPIN seconded to approve the Findings of Fact.
Passed: 5-2 (Carpenter, Nixon).


Agenda Item #4 – Public Comment on Items Not on the Agenda

      Paul Simonds, Highland Ave. – disagrees with a statement in the Findings for Dyer
Farm Estates.
      Doug Roncarati, Chair, Conservation Commission – the Planning Board is obligated
to consider both the Ordinances and the Comprehensive Plan as to optional solutions.


Agenda Item #5 – Comments From the Planning Board and Planning Director

      David Sawyer – spoke about reasons why the Planning Board may require
certain revisions in a subdivision/site plan.
      Tex Haeuser – announced the public meeting on Saturday, January 24 at the
Eagles Club to discuss ways to use the CDBG funds.
      Craig Babbidge – announced the So. Portland American Little League silent
auction on February 7, 2004.


Agenda Item #6 – Adjournment

SAWYER motioned and CHAPIN seconded to adjourn. Passed: 7-0.

The meeting adjourned at 9:50 P.M.




Susan Cummings               APPROVED 1/27/04
Planning Board Secretary
January 13, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 4
                           JANUARY 27, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
JOHN CHAPIN *                           JAMES GAILEY, Site Planner
STANLEY COX                             SUSAN CUMMINGS, Secretary
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON
Members Absent:
DAVID SAWYER
*arrived late


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the January 13, 2004 Meeting

THORNE motioned and NIXON seconded to approve the minutes of January 13,
2004. Passed: 5-0.


Agenda Item #2A – Consent Calendar – Release of Performance Guarantees – Wright
Express – 53 & 75 Darling Avenue

NIXON motioned and BABBIDGE seconded to approve the release of the
$4,900.00 landscaping Performance Guarantee for 53 & 75 Darling Avenue.
Passed: 5-0.

Agenda Item 2B – Amended Site Plan – National Semiconductor – Water Line Extension

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for the water main extension at 5 Foden Road. Passed: 5-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0.

Agenda Item 2C – Amended Subdivision – Western Avenue Crossing – Lots 8 & 9 –
V&E Enterprises
              MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 5
                             JANUARY 27, 2004

THORNE motioned and BABBIDGE seconded to approve the Amended Major
Subdivision for V & E Enterprises, Western Avenue Crossing. Passed: 5-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0.


The Planning Board agreed to allow Mr. Babbidge to recuse himself on the next item because he is
involved in the construction of the project.

Agenda Item #3 – Amended Site Plan – Hannaford Bros. Co. – 44 Dartmouth Street –
Stream Setback Reduction

Spokespersons for the applicant:       W. Scott Decker, SYTDesign Consultants
                                       Gary Nadeau, Hannaford

Public Hearing: None.

The Planning Board discussed the existing parking area; the location of the fence;
snow storage and removal; signs on the fence to stop snow from being dumped on
the other side; and the grade of the parking lot.

NIXON motioned and COX seconded to approve the waiver of Ord. Sec. 27-
259(D)(1) Roads, Driveways, and Parking Areas, and, though such a reduction
in setback is not to be perceived as the norm, the applicant has in this
particular instance demonstrated that safeguards are in place to assure that
the proposed project will provide little to no impact to the adjacent Barberry
Creek stream corridor, and with that said, the Planning Board hereby approves
the amended site plan dated January 5, 2004 for the stream setback from 37.5
feet to 25 feet for the Hannaford Bros. freezer facility located 44 Dartmouth
Street. Passed: 4-0 (Babbidge abstained).

COX motioned and THORNE seconded to approve the Findings of Fact.
Passed: 4-0 (Babbidge abstained).


Agenda Item #4 – Site Plan – Lots 8 & 9 – Western Avenue Crossing – White Horse Ranch LLC
– Crossing Dr.
White Horse Ranch LLC has requested site plan approval for their proposed 40,004 SF
furniture store with parking for 108 vehicles located on Lots 8 & 9 of the Western
Avenue Crossing Subdivision. The lots in mention are Assessor’s Map 49, Lots 208 &
209 located within the Transitional Central & Regional Commercial District.

Spokespersons for the applicant: Shawn Frank, Sebago Technics, Inc.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 6
                           JANUARY 27, 2004

                                   Mark and Peter Redman, White Horse Ranch
                                   Vincent Maietta, V & E Enterprises

Public Hearing: None.

The Planning Board discussed the fence around the dumpster; the signage; parking for both
lots eight and nine; and a traffic signal at the Western Avenue/James A. Baka Drive.

NIXON motioned and COX seconded to approve the waiver of Ord. Sec. 24-
43(c)(2) requiring on-site detention and approve the Site Plan application for
White Horse Ranch LLC at 27 James A. Baka Drive. Passed, with conditions: 5-
0.

THORNE motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 5-0.


Agenda Item #5 – Public Comment on Items Not on the Agenda


Agenda Item #6 – Comments From the Planning Board and Planning Director

Mr. Haeuser introduced the request of Dyer Farm Estates for reconsideration.

THORNE motioned and COX seconded to reconsider the Preliminary
Subdivision application for Dyer Farm Estates. Passed: 5-1 (Chapin).

THORNE motioned and BABBIDGE seconded to postpone the item to the
next regularly scheduled meeting on February 10, 2004.


Agenda Item #7 – Adjournment

THORNE motioned and BABBIDGE seconded to adjourn. Passed: 6-0.

The meeting adjourned at 8:20 P.M.


Susan Cummings
Planning Board Secretary
January 27, 2004

***A workshop on Dyer Farm Estates immediately followed the meeting.**
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 7
                          FEBRUARY 10, 2004


LOCATION: COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:     7:00 P.M.

Members Present:                              Staff Present:
JUDY CARPENTER, CHAIR                         TEX HAEUSER, Planning Director
DAVID SAWYER                                  JAMES GAILEY, Site Planner
STANLEY COX                                   MARY KAHL, Corporation Counsel
CRAIG BABBIDGE (Late)                         ALICE KELLEY, Acting Secretary
CAROL THORNE
PAUL NIXON
JOHN CHAPIN

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 – Approval of Minutes of the January 27, 2004 Meeting

THORNE motioned and CHAPIN seconded to approve the minutes of January
27, 2004. Passed: 6-0.

Agenda Item #2A – Consent Calendar – Release of Performance Guarantees – Portland
Radio – 420 Western Avenue

CHAPIN motioned and NIXON seconded to approve the Release of Performance
Guarantees – Portland Radio – 420 Western Avenue. Passed: 6-0.


Agenda Item #3 Reconsideration of a Preliminary Major Subdivision – Justin & Kelly
Dearborn – Dyer Farm Estates – 775 Highland Avenue

At the January 27, 2004 Planning Board meeting, the Planning Board reconsideration the
Dyer Farms preliminary subdivision vote on January 13, 2004. The vote on January 13,
2004 was to deny the project based on a number of items (size of cul-de-sac & drainage
issues). The applicant has redesigned the plans to incorporate some of the Planning
Board’s concerns. The Board has voted to reconsider the application and has postponed
the reconsideration to the February 10, 2004 meeting. The Planning Department Staff
recommends approval of the wavier of Ord. Sec. 24-42(B) to decrease the pavement
width from 30-feet to 20-feet, and approval of the Preliminary Major Subdivision for
Dyer Farm Estates, drawings dated August 6, 2003 through February 4, 2004, with the
following condition: 1. Standard condition of approval, Planning Board Regulation #5.

Spokesperson for the applicant: Lester Berry, Engineer, BH2M
                                Mark Snow, Attorney
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 8
                           FEBRUARY 10, 2004

Public Hearing: The following people addressed this item: Richard Benoit, Port St.
Lucia, Florida. Spoke on the transfer of the easement and how this was done back when
he originally purchased the land. He questioned whether the city indeed owns this
easement and the need to find this out.
   Arnie Hoffman, 41 Cleveland Cir. – concerns with the drain line and has spoken to the
city on this. He does not feel the city owns the easement, as he has not kept it up. He
has great concerns being an abutter to the property and with the accuracy of the
application and plan, he is asking for better assurances regarding this.
    Hiromi Dolliver, abutter to the property asks the board to do a site walk, concerned
with the planting and maintenance of the pipe.
    John Tracy, 3 Pamela Drive – concerned with who will be responsible for this drain
pipe and concerned with figures not being accurate.
    Donald Clark, 49 Cleveland Cir. – concerned with water flow, even in the dry summer
months.
     Arnie Hoffman, 41 Cleveland Cir. – asked for a site plan on his property at City Hall
last week and learned of sub-surface water on this land.

The Planning Board discussed the improvements that have been made on the
developer’s side, but did express concern with the clay liner for the pipe as well as
ownership of this pipe. The board is concerned with moving ahead with the legal
questioned in need of more information. Members had questions on the types of wood
and did agree that a Site Walk is needed. Staff also has concerns regarding this matter,
and feels the question here is to either approve with these conditions or postpone until
the matters are worked out.

SAWYER motioned and COX seconded to postpone action on this item until the
applicant submits Right Title & Interest to the properties drainage, until the
next meeting, (February 24, 2004) giving the applicant time to submit this.
Passed: 6-0.

Staff made note that no other mailing will go to the public on this matter and the site
walk is scheduled for Saturday February 21, 2004 at 9:00 a.m.


Agenda Item #4 – Request to Purchase City Owned Land – Small Portion of Map 2, Lot
27 – Krista Nordgren – 4 Fisherman’s Lane

Krista Nordgren is requesting to purchase a pie-shaped city owned parcel of land, which
is located on the corner of Willow Street and Fisherman’s Lane. Ms. Nordgren states
that the land was originally part of their house parcel, but was taken by the City for the
construction of the Willard Beach Parkway. The requested parcel is a small portion of
Map 2, Lot 27, which encompasses Willard Beach. The requested area lies adjacent to
Map 2, Lot 22. The Planning Board will make a recommendation to the City Council.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 9
                          FEBRUARY 10, 2004

Planning Staff recommends that the City Council retain the city owned parcel a small pie
shaped portion of Map 2, Lot 27, which lies adjacent to Assessor’s Map 2, Lot 22, based
on the Planning Board’s determination that the property could someday serve an
important function to the Willard Beach area either through a public improvements or
the need for buffering, as a result, the Planning Board finds that there are adverse
planning and land use impacts associated with such a sale.

Public Hearing: The following people addressed this item: John Nordgren, 4
Fisherman’s Lane, South Portland explained an overview of the history behind this piece
of land and the “swap” that took place with the city at the time of purchase. He feels
that the land is an awkward shape and he does not feel it will benefit the city to hold on
to it.
   Maggie Myers, South Portland, previous owner of the land spoke about the ownership
issues and boundary lines as well as buffers.

The Planning Board discussed this item and several members felt that these 7 ½ feet of
land should not be an issue or that it would benefit the city. Mr. Sawyer raised concern
with setting a precedent to the neighborhood unless there was a great reason for this. A
question of whether the city “over-swapped” the land or not? General concern with
doing this right without setting a precedent and not having this issue in the future.
Planning Staff made note that is was the surveyor who made the land adjustment
mistake and not the city.

NIXON motioned and BABBIDGE seconded to recommend to the City Council to
sell the small portion of pie-shaped land at Map 2, Lot 27, which is located on
the corner of Willow Street and Fisherman’s Lane. Passed: 5-2 (Cox &
Sawyer).


Agenda Item #5 – Request to Vacate – Paper W Street – Wilbur Bell – Map 41, Lot 105

Paul Thelin, of Ainsworth & Thelin PA, has submitted a request for his client Wilbur Bell
for the vacation of the Paper Street “W”. The Planning Board and City Council in
1997/1998 formally acted on this paper street and opted to extend the City’s right in the
Paper Street for another 20-years. Mr. Thelin states that his client Mr. Bell owns the
underlying fee simple interest in the right-of-way. The Planning Board will make a
recommendation to the City Council on this request. Planning Staff recommends that
the Planning Board send a positive recommendation for the vacation of the W Street,
based on the Board not finding any adverse planning impacts with the vacation after
having considered the land use and planning impacts of the request.

Spokesperson for the applicant: Paul E. Thelin, Esq., Ainsworth & Thelin, P.A.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 10
                           FEBRUARY 10, 2004

Public Hearing: The following people addressed this item: Larry Cobick, Main Street,
South Portland, owner of Meineke Muffler felt that he could use this property as well and
is in favor of this.
    Cassamera McIintire, 72 Skillins Street, South Portland has been a resident here since
1957 and is very concerned with the fast movement of this item and development in
general.

The Planning Board discussed this item and questioned whether the city does own this
street to the centerline? Staff commented on whether Mr. Bell has a vested interest of
the ownership in this street. Concerned with abutters and if any of them commented on
this as well as increased traffic concerns, as well as maybe putting conditions on this
sale.

SAWYER motioned and CHAPIN seconded to recommend to the City Council the
vacation of Paper W Street – Map 41, Lot 105, without any adverse planning
impacts.

THORNE motioned and CHAPIN seconded to amend the main motion so that
when the vacation takes place, that all fences will have to be in compliance to
the ordinance. Failed: 1-6 (Chapin, Cox, Babbidge, Thorne, Carpenter, Nixon).

Vote on Main Motion. Passed: 7-0.


Agenda Item #6 Special Exception & Amended Site Plan – Stop N Shoppe – 327 Main
Street.

Stop N’ Shoppe Fuel Mart has requested special exception and amended site plan review
for their proposed 1, 600 SF two bay car wash at their site located at 327 Main Street.
The site has been designed for users to enter the car wash from the Main Street side
and completer selection and payment for their wash. The area in mention is Assessor’s
Map 41, Lot 145A located in the Commercial District C. Based on the technical review of
information submitted by the applicant from August 15, 2003 through January 29, 2004;
drawings dated August 15, 2003 through January 29, 2004; the following action by the
Board is recommended: approve the special exception & amended site plan dated
August 15, 2003 through January 29, 2004 for a two bay car wash facility at 327 Main
Street as follows:

CONDITIONS

   1. Planning Board Regulation #5, standard condition of approval.
   2. The use of portable signs or plastic/nylon pennants will be prohibited on this site.
   3. The applicant shall install trash receptacles along side of the vacuums units.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 11
                           FEBRUARY 10, 2004

   4. The applicant shall install granite monuments at all boundary points that abut a
      municipal right-of-way if not already done.

Spokesperson for the applicant: Stephen R. Bushey, PE Senior Engineer, DeLuca
Hoffman Associates, Inc.

Public Hearing: The following people addressed this item: Dave Cowen, Main Street,
South Portland concerns with the car crash rate in this area, has researched this and
feels that it is not acceptable.
   Dave Lango, owner of Willows Restaurant, Broadway, South Portland, is very
concerned with icing on the road from the car wash.

The Planning Board discussed this item with the crash concerns and traffic, as well as
the excess water issues and options for the cars to dry off better as they exit. It is felt
that a Catch Basin would be better than a Trench Drain. Members had concerns with
the cars in line for the car wash and looking into possibly changing this. Extra blowers
were all discussed as an option for drying the cars.

SAWYER motioned and NIXON seconded, based on the technical review of
information submitted by the applicant from August 15, 2003 through January
29, 2004, to approve the special exception & amended site plan dated August
15, 2003 through January 29, 2004 for a two bay car wash facility at 327 Main
Street with the following conditions:


   1. Planning Board Regulation #5, standard condition of approval.
   2. The use of portable signs or plastic/nylon pennants will be prohibited on
   this site.
   3. The applicant shall install trash receptacles along side of the vacuums
   units.
   4. The applicant shall install granite monuments at all boundary points that
   abut a municipal right-of-way if not already done.

Passed: 5-2 (Chapin, Thorne).

COX motioned and NIXON seconded to extend the building to include an
outside enclosure for a secondary blower system. Failed 1-6 (Carpenter,
Chapin, Babbidge, Thorne, Nixon, Sawyer).

SAWYER motioned and NIXON seconded to approve the Findings of Fact.
Passed 5-2 (Chapin, Thorne).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 12
                           FEBRUARY 10, 2004

Agenda Item #7 Preliminary Major Subdivision – John Mulholland – 25 Henley Street –
Residential Condominiums.

John Mulholland requests preliminary major subdivision review to construct 13
residential condominium units a 1.37-acre parcel located at 25 Henley Street. Each unit
will be three stories in height with an associated garage parking spaces. Seven
additional parking spaces will be constructed within a parking lot. The lot in mention is
Assessor’s Map 5, Lot 51A located within the Residential District G. The Planning Staff
recommends a postponement of action on this item as storm water detention issues are
not included in the application. Also the following areas need to be addressed,
detention, filtration of storm water, buffing, wetlands and building elevations.

Spokesperson for the applicant: Jim Coffin, PE, E.S. Coffin

Public Hearing: The following people addressed this item: Kim Preston, 95 Preble
Street, South Portland is very concerned with water in the basement, density, increase
in people in the neighborhood, as well as asking the board to do a site walk before
making any decisions.
   Doug Roncarati, Conservation Commission also asked for a site walk and asked for
the formal chance to comment on this application.
   Alien Kalaski-Martel, read a letter from fellow resident Paul Jacobs.
   William Fowler, Stanford Street, South Portland concerned with sewer/water and
hazardous area with unsafe fill, traffic, and false lighting.
   Janet Ricko, School Street South Portland commented on traffic concerns, water, fill,
retaining walls, open space preservation and being outside the character of the
neighborhood.
   Rose Mary DeAngellis, South Portland, has great concern with keeping nice
neighborhoods and in keeping with the neighborhood plan, use diligence please.
   David Jacobs, 52 High Street, South Portland, please use care in making this decision,
open space concerns, use guidelines and keeping with the character of the neighborhood
as well as water and traffic concerns. Asked for a site walk and to look at all of the
issues mentioned here.

CHAPIN motioned and SAWYER seconded for a postponement of action on this
item until the Tuesday March 9, 2004 Planning Board Meeting. Passed: 7-0.

A Site Walk for this item will be Saturday March 6, 2004.


Agenda Item #8 – Public Comment on Items Not on the Agenda.

No Comments
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 13
                          FEBRUARY 10, 2004

Agenda Item #9 – Comments From the Planning Board and Planning Director.

Carol Thorne commented on paper streets.


Agenda Item #10 Adjournment.

CHAPIN motioned and BABBIDGE seconded to adjourn the meeting at 11:30
p.m. Passed 7-0.


Alice Kelley               APPROVED 2/24/04
Planning Board Secretary
February 10, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 14
                           FEBRUARY 24, 2004


LOCATION:         COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:             7:00 P.M.

Members Present:                                Staff Present:
JUDY CARPENTER, Chair                      TEX HAEUSER, Planning Director
JOHN CHAPIN                                JAMES GAILEY, Site Planner
DAVID SAWYER                               SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the February 10, 2004 Meeting

CHAPIN motioned and NIXON seconded to approve the minutes of February 10,
2004. Passed: 7-0.

Agenda Item #2A – Consent Calendar – Modified Site Plan – Eastpointe Christian
Church – 325 Maine Mall Road

Spokesperson for the applicant: John Mitchell.

The Board discussed the comments from the Fire Department; if the change of use
triggers site plan review; if this approval would apply to any future uses; the lack of
landscaping and buffering on this site; the sign; marking the lot to identify parking
for the Church; and the inadequate handling of this site by the Maine Mall.

COX motioned and SAWYER seconded to approve the Modified Site Plan to
amend the Maine Mall Motors Condition of Approval #2 dated May 27, 2003
in order to permit the Eastpointe Christian Church to occupy the existing
cinema building located at 325 Maine Mall Road. Passed, with conditions: 6-
1 (Nixon).

THORNE motioned and SAWYER seconded to approve the Findings of Fact.
Passed: 6-1 (NIXON).


Agenda Item #3 – Preliminary Major Subdivision – Dyer Farm Estates – Justin & Kelly
Dearborn – 775 Highland Avenue
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 15
                           FEBRUARY 24, 2004

Justin & Kelly Dearborn have submitted a preliminary major subdivision application for a
4-lot subdivision off Highland Avenue. The applicants are proposing to extend a short
cul-de-sac in from Highland Avenue to provide street frontage for the three proposed
lots. The property in mention is Assessor’s Map 38, Lot 66, in the Residential District A.

Postpone to the March 9, 2004 meeting with a site walk to be held on March 6,
2004 at 10:30 A.M. Passed: 7-0.


Agenda Item #4 – Final Major Subdivision & Site Plan – Highland Common – 77 Gary L.
Maietta Parkway – GLM Associates
GLM Associates have submitted a final major subdivision & site plan application for
Highland Common, a 2.81 acre site located at 77 Gary L. Maietta Parkway. The project
entails the construction of an 11,563 SF 42-unit elderly apartment building with
associated parking for 76 cars. The property in mention is Assessor’s Map 60, Lot 1B, in
the Residential District G-1.

Spokespersons for the applicant: David Kamila, Land Use Consultants

Public Hearing: No comment.

The Planning Board discussed the low numbers in the traffic study; the probability that
residents of that group could still be working and active; the stormwater drainage system;
and impact fees in general.

THORNE motioned and COX seconded to approve the waiver of Ord. Sec. 24-
42(B) requiring vertical curbing, and approve the waiver of Ord. Sec. 27-402(i)
requiring a 10-foot setback from all wetlands that encumber the property, and
approve the Final Major Subdivision and Site Plan for Highland Common at 77
Gary L. Maietta Parkway.

CHAPIN motioned and SAWYER seconded to amend the Main Motion to adjust
the language of Condition #2A regarding the amount of the traffic impact fee.
Passed: 4-3 (Babbidge, Carpenter, Nixon).

Vote on Main Motion as amended. Passed, with conditions: 7-0.

CHAPIN motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 16
                           FEBRUARY 24, 2004

Agenda Item #5 – Final Major Subdivison & Site Plan – Long Creek Redevelopment
LLC – 0 Westbrook Street
Long Creek Redevelopment LLC has submitted a final major subdivision and site
plan application for their proposed Brick Hill project located adjacent to the Long
Creek Correctional Facility. The project consists of 11 lots. The subdivision is
proposed to be mixed use on approximately 96+ acres of land, of which 58 acres
will be used as part of the Brickhill phased project. The property in mention is
Assessor’s Map 43, Lot 25, Map 44, Lots 15A & 15B, Map 50, Lot 1, and Map 51, Lot
77 within the Conditional Residential and Limited Commercial Use District G-3 and
Shoreland Area.

Spokespersons for the applicant:   Richard Berman, Long Creek Redevelopment LLC
                                   Owens McCullough, Sebago Technics
                                   Danielle Betts, Sebago Technics
                                   Winton Scott, Winton Scott Architects
                                   Pat Carroll, Carroll Associates

Public Hearing: Mr. Haeuser reported on the phone call from the Manager of Olde English
Village and her concerns regarding the attractiveness of detention ponds to children.

The Planning Board discussed the detention pond; the boat launch; open space; walkway;
parking for the boat launch; the impact fee; and the risk of having the occupancy permits
tied to certain area improvements.

SAWYER motioned and NIXON seconded to approve the Final Major Subdivision
and Site Plan for Long Creek Redevelopment, 0 Westbrook Street. Passed, with
conditions: 7-0.

THORNE motioned and SAWYER seconded to approve the Findings of Fact.
Passed: 7-0.

Agenda Item #6 – Site Plan – Brick Hill Apartments – Phase I – Long Creek
Redevelopment Subdivision – YC Townhouse One Associates, LP – 20 Brick Hill
Avenue
YC Townhouse One Associates, LP has requested site plan approval for their
proposed Brick Hill Apartment complex located on Lot #1 of the Long Creek
Subdivision. The project entails the construction of 66 affordable apartment units
located within six buildings. The units are a mixture of 1, 2, and 3 bedrooms and
will be rented to individuals/families that have 50 to 60% of the median income of
the Portland area. In addition to the apartment units, a community building is
proposed along the northwest side of the site. The lot in mention is Assessor’s Map
50, Lot 1, located within the Conditional Residential and Limited Commercial Use
District G-3.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 17
                           FEBRUARY 24, 2004


Spokespersons for the applicant:   Richard Berman, Long Creek Redevelopment LLC
                                   Winton Scott, Winton Scott Architects
                                   Pat Carroll, Carroll Associates
                                   Steve Blais, Pinkham & Greer

Public Hearing: No comment.

The Planning Board discussed trash and snow removal; access by the fire department; exits
on the second floor; storm drainage; and landscaping.

CHAPIN motioned and NIXON seconded to approve the waiver of Ord. Sec. 24-
43(C)(2) requiring on-site detention, and approve the Site Plan for YC
Townhouse One Associates, LP for Lot 1 otherwise know as 20 Brickhill
Avenue. Passed, with conditions: 7-0.

SAWYER motioned and COX seconded to approve the Findings of Fact. Passed:
7-0.

Agenda Item #7 – Final Major Subdivision & Site Plan – VFW Subdivision – SGC
Engineering – 0 Southeast Road
SGC Engineering, LLC has submitted a final major subdivision and site plan
application for their proposed VFW Residential Subdivision. The project consists of 9
single-family lots on 3.27 acres of land located within the Residential A district.
Seven of the parcels will front on Southeast Road, while two parcels will front on an
extension of Calais Street. The property in mention is Assessor’s Map 40, Lot 135A,
within the Residential District A.

Spokespersons for the applicant:   Timothy Patch, SGC Engineering, LLC
                                   John Riordan, SGC Engineering, LLC

Public Hearing: The following people addressed this item:
      Letter from Jeff Barnes read by Mr. Haeuser
      Debra King, 101 Strout St. – concerned about Lot 9.
      Tom Bakker, 17 Peary Terrace – concerned about water problems.

The Planning Board discussed the deed covenants; water and drainage problems; the deeding
of Lot 10 to the City; maintenance of Lot 10; and buffering.

BABBIDGE motioned and NIXON seconded to approve the Final Major
Subdivision and Site Plan for SGC Engineering LLC at 0 Southeast Road.
Passed, with conditions: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 18
                           FEBRUARY 24, 2004

THORNE motioned and COX seconded to approve the Findings of Fact. Passed:
7-0.

Agenda Item #8 – Public Comment on Items Not on the Agenda

No comment.


Agenda Item #9 – Comments From the Planning Board and Planning Director

Mr. Nixon congratulated his brother on his appointment to Lieutenant in the
Portland Fire Department.

Agenda Item #10 – Adjournment

NIXON motioned and CHAPIN seconded to adjourn. Passed: 7-0.

The meeting adjourned at 11:15 P.M.




Susan Cummings               APPROVED 3/9/04
Planning Board Secretary
February 24, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 19
                             MARCH 9, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
JOHN CHAPIN                             JAMES GAILEY, Site Planner
DAVID SAWYER                            SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the February 24, 2004 Meeting

BABBIDGE motioned and NIXON seconded to approve the minutes of February
24, 2004. Passed: 7-0.

Agenda Item #2A – Consent Calendar – Amended Site Plan – US Cellular – 26
Hillside Street – Cabinet addition

THORNE motioned and COX seconded to approve the Amended Special
Exception and Modified Site Plan for United States Cellular at 26 Hillside Street.
Passed: 7-0.

THORNE motioned and SAWYER seconded to approve the Findings of Fact.
Passed: 7-0.

Agenda Item #2B – Consent Calendar – Amended Site Plan – US Cellular – 167
Rumery Road – Cabinet addition

NIXON motioned and CHAPIN seconded to approve a waiver of Planning Board
Regulation #1, 1)a). Passed: 7-0.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for United States Cellular at 167 Rumery Road. Passed: 7-0.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 20
                            MARCH 9, 2004

Agenda Item #2C – Consent Calendar – Amended Site Plan – Atlantic Cellular
Telephone Corp. – 2375 Broadway – Cabinet addition

SAWYER motioned and COX seconded to approve the Amended Site Plan for
Atlantic Cellular Telephone of Delaware at 2375 Broadway. Passed: 7-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.

Agenda Item #2D – Consent Calendar – Special Exception – Jeffrey Chamberlain &
Jane Goddard – 383 Preble St.

NIXON motioned and CHAPIN seconded to approve the Special Exception
for Jeffrey Chamberlain and Jane Goddard at 383 Preble Street. Passed: 7-
0.

THORNE motioned and BABBIDGE seconded to approve the Findings of
Fact. Passed: 7-0.

Agenda Item #2E – Consent Calendar – Re-approval of Lapsed Site Plan – George
Drivas – Aspasia Marina – 257 Front Street

THORNE motioned and BABBIDGE seconded to approve the re-approval of
the lapsed Site Plan for Aspasia Marina at 257 Front Street. Passed, with
conditions: 5-1 (Nixon)(Chapin abstained).

THORNE motioned and BABBIDGE seconded to approve the Findings of
Fact. Passed: 5-1 (Nixon)(Chapin abstained).

Agenda Item #2F – Consent Calendar – Amended Major Subdivision – Theodore
Wainwright – Grandview Estates – Highland Avenue

THORNE motioned and NIXON seconded to approve the waiver of Planning
Board Regulation #1, 1)a). Passed: 7-0.

BABBIDGE motioned and CHAPIN seconded to approve the Amended Major
Subdivision for Grandview Estates. Passed: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 21
                             MARCH 9, 2004

Agenda Item #2G – Consent Calendar – Release of Performance Guarantee – Ed
Rowe – 280 Gannett Drive

SAWYER motioned and BABBIDGE seconded to approve the release of one-
half of the Public Improvements guarantee ($44,100.00) for 280 Gannett
Drive, Lot 14, Cummings Road Business Park. Passed: 7-0.


Agenda Item #3 – Preliminary Major Subdivision – Dyer Farm Estates – Justin & Kelly
Dearborn – 775 Highland Avenue

Justin & Kelly Dearborn have submitted a preliminary major subdivision application for a
4-lot subdivision off Highland Avenue. The applicant is proposing to extend a short cul-
de-sac off Highland Avenue to provide street frontage for the three proposed lots. The
property in mention is Assessor’s Map 38, Lot 66, in the Residential District A.

Spokesperson for the applicant:   Lester Berry, BH2M

Public Hearing: No comment.

The Planning Board discussed the deeds to be executed; the drainage system; the applicants’
financial capability letter; and the improvements made by the applicants.

BABBIDGE motioned and NIXON seconded to approve the waiver of Ord. Sec.
24-42(B) to decrease the pavement width from 30 feet to 20 feet, and approve
the Preliminary Major Subdivision for Dyer Farm Estates.

CHAPIN motioned and SAWYER seconded to amend the Main Motion that prior
to Final Subdivision review the applicants shall present a letter that spells out
their financial capability in precise wording. Passed: 5-2 (Babbidge,
Carpenter).

Vote on the Main Motion, as amended. Passed, with conditions: 7-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 22
                             MARCH 9, 2004

Agenda Item #4 – Preliminary Major Subdivision – John Mulholland – 25 Henley Street –
Residential Condominiums

John Mulholland requests preliminary major subdivision review to construct 13
residential condominium units on a 1.37-acre parcel located at 25 Henley Street. Each
unit will be three stories in height with associated garage parking spaces. Seven
additional parking spaces will be constructed within a parking lot. The lot in mention is
Assessor’s Map 5, Lot 51A located within the Residential District G.

CHAPIN motioned and NIXON seconded to postpone this item to the meeting of
June 8, 2004. Passed: 7-0.


Agenda Item #5 – Site Plan – Lot #8 – V&E Enterprises – Western Avenue Crossing – 8 James
Baka Drive

V&E Enterprises has requested site plan review of their proposed 3-story 13,500 SF office
building with parking for 39 vehicles located on Lot 8 of the Western Avenue Crossing
Subdivision. The applicant has designed their stormwater management plan to be consistent
with the plan originally approved during subdivision review. The lot in mention is Assessor’s
Map 49, Lot 208 located within the Transitional Central & Regional Commercial District.

PUBLIC HEARING: No Comment.

Spokesperson for the applicant: Shawn Frank, Sebago Technics, Inc.

The Planning Board discussed the widening of Western Avenue and its effect on this
project; the reason for the extended approval deadline; parking; buffering; and
pedestrian access.

CHAPIN motioned and NIXON seconded to approve the waivers of Ord. Sec. 24-
43(c)(2) requiring on-site detention and Ord. Sec. 27-148 Time Limitations,
and approve the Site Plan for V&E Enterprises at 8 James Baka Drive. Passed,
with conditions: 7-0.

SAWYER motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #8 – Site Plan – Dyer Elementary School – 52 Alfred Street – School Addition

The City of South Portland School Department requests amended site plan approval to
construct a 3,446 SF (footprint) building addition onto the existing Dyer Elementary
School. The new school addition will include a bus loop, parent drop-off, a 59-space
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 23
                             MARCH 9, 2004

parking lot, new open play areas, and a multi-purpose paved play area. The existing
School will be closed during construction of the addition and will be internally renovated.
The area in mention is Assessor’s Map 34, Lots 238 & 250, Map 35, Lots 179 & 180, and
Map 39, Lot 4A located in the Residential District A.

Public Hearing: The following people addressed this item:
      Leslie Hinds, McKinley St. – has questions about buffering, drainage, and noise;
also, would like the playground moved away from the residences.
      Hank Dunn, Kahill Court – concerned about the impervious surfaces; the safety of
the bus loop and construction plans; and preventing graffiti.
      Kathy Amoroso, 67 Alfred St. – concerned about parking, noise, hours of
construction, and the spotlights that shine into her house.
      Margaret Anderson, 149 Alfred St. – concerned with drainage; the location of the
parking lot; and pedestrian safety.
      Melissa Richter, 36 Alfred St. – questions about the fence; buffering on Marion St.;
adding a ballfield will cause parking problems on Alfred St.; and parking for weekend
use of the playground needs to be addressed.
      Karen Callaghan, Alfred St. – a member of the Master Building Committee and
hopes the Board will approve this plan.

The Board discussed the vacation of Marion Street; the parent drop-off; signage; the
bus loop; traffic; ventilation; bicycle racks; the need for blasting; trash removal; the
amount of impervious surface; snow plowing and removal; on and off street parking; the
number of employees; buffering; the location of the fence; sidewalks for the students;
drainage from the play area; the underground fuel tank; and the size of the addition.

SAWYER motioned and THORNE seconded to approve the waiver of Ord.
Sec. 24-43(c)(2), and approve the Amended Site Plan for Dyer School at 52
Alfred Street. Passed, with conditions: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #7 – Zoning Text Amendment – Ordinance Section 27-130(10) Prohibited
Uses –Industrial I District

The City of South Portland is initiating a zoning text change to the prohibited uses in
the Industrial I District. The change is a result of a proposed change in Ordinance
Section 8-41, which would ultimately prohibit the storage of explosives or fireworks
in South Portland. The proposed text change is to Ord. Sec. 27-130(10), which
would delete the allowance of storing up to 500 pounds of explosives or fireworks in
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 24
                             MARCH 9, 2004

the Industrial I District. The Planning Board will make a recommendation to the
City Council.

The Planning Board discussed the 500-pound limit in the original wording; if other
zones allow this; if there are currently any businesses that manufacture or store
explosives; and if any explosives are exempt.

BABBIDGE motioned and NIXON seconded to recommend to the City
Council approval of the zoning text amendment to Sec. 27-130(10) in the
Industrial District I, based on the determination that the amendment is
pursuant to and consistent with the Comprehensive Plan.


Agenda Item #8 – Public Comment on Items Not on the Agenda

No comment.


Agenda Item #6 – Comments From the Planning Board and Planning Director

No comment.


Agenda Item #7 – Adjournment

BABBIDGE motioned and THORNE seconded to adjourn. Passed: 7-0.

The meeting adjourned at 10:30 P.M.




Susan Cummings                     APPROVED 4/13/04
Planning Board Secretary
March 9, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 25
                             APRIL 13, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
JOHN CHAPIN                             JAMES GAILEY, Site Planner
KATHERINE LORING                        SUSAN CUMMINGS, Secretary
STANLEY COX
CAROL THORNE
PAUL NIXON
Members Absent:
CRAIG BABBIDGE

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the March 9, 2004 Meeting

CHAPIN motioned and NIXON seconded to approve the minutes of March 9,
2004. Passed: 6-0.

Agenda Item #2A – Consent Calendar – Amended Major Subdivision –
Walter C. Neilsen Business Park – 2290 Broadway

THORNE motioned and NIXON seconded to approve the Amended Major
Subdivision for 2290 Broadway. Passed: 6-0.

THORNE motioned and COX seconded to approve the Findings of Fact.
Passed: 6-0.

Agenda Item #2B – Consent Calendar – Amended Major Subdivision – VFW
Subdivision – Southeast Road

CHAPIN motioned and NIXON seconded to approve the Amended Major
Subdivision for SGC Engineering LLC, 0 Southeast Road. Passed: 6-0.

COX motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.

Agenda Item #2C – Consent Calendar – Release of Performance Guarantees – Saga
Communications – 420 Western Ave
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 26
                             APRIL 13, 2004

NIXON motioned and CHAPIN seconded to approve the release of the $13,000
Public Improvements Guarantee for Saga Communications, Inc., 420 Western
Avenue. Passed: 6-0.


Agenda Item #3 – Request to Purchase City Property – James Dow – Robert Mills Road
James Dow is requesting to purchase a tax-acquired parcel of land on Robert Mills Road.
The parcel of land, Map 40, Lot 137, is approximately 2,535 SF in size.

Public Hearing: The following people addressed this item:
      Mark Tinkham, 56 Robert Mills Rd. – he would also like to buy this parcel.

The Planning Board discussed a deed being assigned to the City by the owners of the
subdivision and the wording of the motion.

COX motioned and NIXON seconded to convey to the City Council the Planning
Board's determination that it finds no planning or land use advantage for
retaining Assessor's Map 40, Lot 137, 0 Robert Mills Road. Passed: 6-0.


Agenda Item #4 – Amended Site Plan – Gulf Oil, LP – 175 Front Street – New Office
Building
Gulf Oil, LP is requesting site plan approval to construct a new 2,400 SF building located
at 175 Front Street. As part of the project, a 6,810 SF and a 2,919 SF building will be
demolished. The area in mention is Assessor’s Map 6, Lots 2J and 3, located within the
Shipyard District S.

Spokesperson for the applicant: Randolph Pike, TEC Associates

Public Hearing: No comment.

The Planning Board discussed the type of storage planned for the building; fire safety; an
easement across the property; parking; fencing; security; landscaping and the condition of
the soil.

CHAPIN motioned and NIXON seconded to approve the Amended Site Plan for
175 Front Street. Passed: 6-0.

COX motioned and CHAPIN seconded to approve the Findings of Fact. Passed:
5-0 (Loring out of room).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 27
                             APRIL 13, 2004

Agenda Item #5 – Request for Zoning Map Change – Michael Friedland – 7 Pillsbury
Street – From Residential G to Limited Business District LB
Michael Friedland is requesting a zoning map change to his property at 7 Pillsbury
Street. This is an 11,291 SF parcel, fronting on Pillsbury and Thompson Streets.
The zone line runs through the rear of this parcel, with approximately 3,321 SF
located in the Residential District G, and the remaining 7,970 SF located in the
Limited Business District LB. Mr. Friedland has requested that the City rezone the
3,321 SF of land from Residential G to Limited Business District LB. The lot is
Assessor’s Map 2 Lot 130.

Public Hearing: The following people addressed this item:
       Margaret Carmody, 433 Preble St. – supports the project, but is not clear about the
request. Her parcel is also divided into Zones LB and G.
       Robert Johnson, 416 Preble St. – supports the project. It fits the area well.
       Barry Wilson, 308 Preble St. – thanked the applicant for coming to the Willard
Association and for notifying the neighborhood.
       Elizabeth Isele, 277 Preble St. – the project is in character with the neighborhood. It
will revitalize the area.
       Letters and calls: Gladys W. Collins, 16 Thompson St. – supports.
                          Richard Dufour, Lowell St. – supports.

The Planning Board discussed the number of rooms and baths; parking; limiting the change
to specific uses; adding Bed and Breakfast to the LB District; and conversion to apartments.

NIXON motioned and CARPENTER seconded to recommend to the City Council
approval of the zoning map change for Assessor's Map 2, Lot 130 from the
Residential District G to the Limited Business District LB, based on the
determination that the stated desired use is appropriate for the residential
neighborhood. Vote: 3-3 (Chapin, Cox, Loring).


Agenda Item #6 – Request for Zoning Map Change – J.B.Brown & Sons, Inc. – Light
Industrial District – Addition of Research and development laboratories and offices &
Education Facilities
J.B. Brown & Sons, Inc. has applied to amend the permitted uses found under Ordinance
Section 27-171 of the Light Industrial District IL. The applicant owns a building at 179
John Roberts Road and is asking the City to consider two additional permitted uses for
the IL District: Research and Development laboratories and offices, and Education
Facilities.

Spokesperson for the applicant: Steve Reynolds

Public Hearing: No comment.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 28
                             APRIL 13, 2004


The Planning Board discussed the location of the building; and what areas of the City would
be affected.

THORNE motioned and CHAPIN seconded to recommend to the City Council
approval of the request for a zoning text amendment to Article XXIV. Light
Industrial District IL, Ord. Sec. 27-171(k) and (l) Permitted Uses, based on the
determination that the text change is consistent to the South Portland
Comprehensive Plan. Passed: 6-0.


THORNE motioned and NIXON seconded to allow Katherine Loring to recuse
herself from voting on Item #7. Passed: 5-0 (Loring abstained).

Agenda Item #7 – Amended Site Plan Joe's Boathouse – Lobster Pit – 1 Spring Point
Drive
Joe’s Boathouse has submitted an amended site plan application for the creation
of the “Lobster Pit”, an area for outside functions. The “lobster pit” will be the
conversion of an existing 30’ wide by 43’ long concrete pier at the Port Harbor Marina.
Seating for 70 people has been requested. The property is Assessor’s Map 5, Lot 74C
located within the Spring Point District SP.

Public Hearing: The following people addressed this item:
      Roger Legere, 148 Breakwater Dr. – this project should be denied because it is next to
a residential building. The parking is limited, and the noise level is already uncontrolled.
      John Malley, 148 Breakwater Dr. – he agrees with Mr. Legere.
      Jim Garland, 148 Breakwater Dr. – his unit faces the Boathouse Restaurant and he has
no objection. His only concern is the noise.
      Ginny Knowlton, 148 Breakwater Dr. – Noise and parking are her concerns.
      Letter read – Rick McKinnon, 148 Breakwater Dr. – he supports the project.

The Planning Board discussed restrooms; noise; repair of the walkway; fire suppression;
cooking odors; dumpster location; hours of operation; type of music; and enclosing the area.

THORNE motioned and CARPENTER seconded to approve the Amended Site Plan for
1 Spring Point Drive, with conditions.

CHAPIN motioned and NIXON seconded to amend the Main Motion to add as
Condition #5 that the building be enclosed completely with walls, windows and
doors. Failed: 2-3 (Carpenter, Cox, Thorne).
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 29
                              APRIL 13, 2004

THORNE motioned and CARPENTER seconded to withdraw the first motion and
to move to postpone the Item to the meeting of May 11, 2004 so that the
applicant can address the concerns heard tonight. Passed: 5-0.


Agenda Item #8 – Request to Discontinue Armory Street – City of South Portland
The City of South Portland (Public Safety) is initiating the vacation of Armory Street.
Armory Street is the street that transects the properties of the former State Armory and
the City’s Fire Station. The Police Department is currently in the process of applying for
Homeland Security money to secure the Public Safety Complex and in order for them to
do this, the City needs to acquire part of the street.

Spokespersons for the applicant:     Ed Googins, Police Chief
                                     Miles Haskell, Deputy Fire Chief

Public Hearing: The following people addressed this item:
      Bob Danielson, Attorney for the Museum – concerned about access and parking for the
Museum.
      Rita Bonecki, Chairman of the Board for the Museum – questions on the fence, gate and
parking.
      Rommy Brown, 10 E St. – hopes any problems can be worked out because it's
important for the Museum to be in this area.
      Dick Bernard, 5 E St. – questions on the requirements for Homeland money and on the
timeline.

The Planning Board discussed the importance or securing the Public Safety buildings; the
location of the fence; and the need to work with the Museum.

THORNE motioned and CHAPIN seconded to postpone this Item to the meeting
of May 11, 2004. Passed: 6-0.


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

The Planning Board welcomed Katherine Loring to the Board.
The Board decided to hold a site walk on Armory Street at 9:30 A.M. on May 1,
2004.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 30
                            APRIL 13, 2004

Agenda Item #11 – Adjournment

THORNE motioned and LORING seconded to adjourn. Passed: 6-0.

The meeting adjourned at 10:40 P.M.



Susan Cummings                        APPROVED 5/11/04 Stanley Cox(3)
Planning Board Secretary
April 13, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 31
                              MAY 11, 2004

LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           JAMES GAILEY, Site Planner
KATHERINE LORING                        SUSAN CUMMINGS, Secretary
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON
Members Absent:
STANLEY COX


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the April 13, 2004 Meeting

THORNE motioned and NIXON seconded to approve the minutes of April 13,
2004. Passed: 5-0 (Babbidge absent).


THORNE motioned and NIXON seconded to waive Planning Board Regulation
#1,1)a) for Item #2A. Passed: 5-0 (Babbidge absent).

Agenda Item #2A – Consent Calendar – Amended Minor Subdivision – Parkway
Subdivision – Louis B. Maietta – Gary L. Parkway

THORNE motioned and NIXON seconded to approve the Amended Minor
Subdivision for Parkway Subdivision. Passed: 5-0 (Babbidge abstained).

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0 (Babbidge abstained).

Agenda Item #2B – Consent Calendar – Amended Site Plan – National
Semiconductor – 5 Foden Road – Ballfield

NIXON motioned and BABBIDGE seconded to approve the Amended Site Plan
for 5 Foden Road. Passed: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 32
                              MAY 11, 2004

Agenda Item #2C – Amended Site Plan – Long Creek Redevelopment LLC – Amending
the Findings of Fact of February 24, 2004.

THORNE motioned and NIXON seconded to approve the Amending of the
Findings of Fact of February 24, 2004 by adding language to Section #2 as
dictated by State statute. Passed: 6-0.

THORNE motioned and NIXON seconded to approve the Amended Findings of
Fact. Passed: 6-0.


Agenda Item #3 – Amended Site Plan – Joe's Boathouse – Lobster Pit – 1 Spring Point
Drive
Joe’s Boathouse has submitted an amended site plan application for the
creation of the “Lobster Pit” from an existing 30’ wide by 42’ long concrete pier
at the Port Harbor Marina, to be used for outside functions such as lobster
bakes, rehearsal dinners, and company functions. Seating for 70 people has
been requested. The property is Assessor’s Map 5, Lot 74C located within the
Spring Point District SP. Postponed from April 13, 2004.

Public Hearing: The following people addressed this item:
       Gary Hooper, 42 Victory Ave. – had questions about the ownership and financial
considerations.
       Bob Soucy, Port Harbor Marine – this is not a new use for the space; the basins
are owned by the City, they're not the shoreline; noise won't be a problem.
       Roger Legere, 148 Breakwater Dr. – worried about the noise; asked about DEP
regulations.
       Jim Puckett, 148 Breakwater Dr. – this is a good use for the space; supports the
project.
       Maureen Puckett, 148 Breakwater Dr. – noise won't be a problem; the waterfront
is already a noisy place; supports the project.
       John Malley, 148 Breakwater Dr. – noise will be an issue; enclosing the space will
help; concerned about the location of the bathrooms and parking.

The Planning Board discussed the effect of the noise ordinance on this project; the status of
the lease; the definition of pier and whether this site is one; the repair of the walkway and
sea wall; ownership of the business; clean-up at the site; and lighting.

BABBIDGE motioned and THORNE seconded to approve the Amended Site Plan
for 1 Spring Point Drive, Joe's Boathouse Lobster Pit. Passed, with conditions:
5-0 (Loring abstained).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 33
                              MAY 11, 2004

THORNE motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 5-0 (Loring abstained).

Agenda Item #4 – Request to Discontinue Armory Street – City of South Portland
PUBLIC HEARING
The City of South Portland (Public Safety) is initiating the vacation of Armory Street,
the street that transects the properties of the former State Armory and the City’s Fire
Station. The Police Department is currently in the process of applying for Homeland
Security money to secure the Public Safety Complex and in order for them
to do this, the City needs to acquire part of the street. Postponed from April 13, 2004.

THORNE motioned and NIXON seconded to postpone this item to June 8, 2004.
Passed: 6-0.


Agenda Item #5 – Amendment to the Comprehensive Plan – Willard Neighborhood
Plan
PUBLIC HEARING
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 Willard Neighborhood Master Plan into the South Portland Comprehensive
Plan.

Spokesperson for the applicant:     Joan Uraneck, Neighborhood Committee Co-Chair

Public Hearing: The following people addressed this item:
      Gary Hooper, 42 Victory Ave. – this is a good area.

The Planning Board discussed the effort that went into creating the Plan; the suggestions
from the neighborhood; the great job done by the Committee; and adding neighborhood
plans to the Comprehensive Plan.

THORNE motioned and NIXON seconded that in keeping with the
recommendation of the Project PLAN section of the Comprehensive Plan, the
Planning Board recommends that the City Council adopts the proposed
amendment to the 1992 South Portland Comprehensive Plan to add, by
reference, the Willard Neighborhood Master Plan. Passed: 4-2 (Carpenter,
Nixon).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 34
                              MAY 11, 2004

Agenda Item #6 – Special Exception – Mary Haupt – Accessory Dwelling Unit – 133
Sandy Hill Road
PUBLIC HEARING
Mary Haupt is requesting special exception review for a proposed ADU within her
home at 133 Sandy Hill Road. An existing 480 SF wood frame addition that is
already incorporated into the house is proposed for the ADU. The area is Assessor's
Map 64, Lot 184, located within the Residential District A.

Public Hearing: No comment.

The Planning Board discussed adding a full kitchen; inspections; requirements for Accessory
Dwelling Units; and the area included in the measurements for the percentage requirement.

NIXON motioned and THORNE seconded to approve the Special Exception for
Mary Haupt, 133 Sandy Hill Road. Passed, with conditions: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #7 – Special Exception – Lisa Twomey – Accessory Dwelling Unit – 21
Coolidge Avenue
PUBLIC HEARING
Lisa Twomey is requesting special exception review for her proposed ADU within her
home at 21 Coolidge Avenue. The applicant will be adding an addition between the
house and the garage. The proposal is for the conversion of the two-car garage into the
ADU, with the proposed addition be also part of the ADU. The area in mention is
Assessor's Map 11, Lot 243, located within the Residential District A.

Spokesperson for the applicant: Elaine Gammon

Public Hearing: The following people addressed this item:
      Ann O'Flynn, Coolidge St. – unclear on the plans; gave letter to the Board; not in favor.
      Linda Thigpen Pavlov, 39 Victory Ave. – sure that the applicant will design a good
addition.
      Edward Cook, 23 Angell Ave. – sees no problem with this.
      Joseph Kelley, 16 Victory Ave. – the plans definitely address the neighbor's concerns;
supports it.

The Planning Board discussed the location of the kitchen near the neighbor; the number of
bedrooms; and the number of entrances for the ADU.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 35
                              MAY 11, 2004

NIXON motioned and THORNE seconded to approve the Special Exception for
Lisa Twomey, 21 Coolidge Avenue. Passed, with conditions: 6-0.

THORNE motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #8 – Modified Site Plan and Special Exception – City of South Portland –
Wilkinson Park
PUBLIC HEARING
The City's Parks and Recreation Department requests special exception and site plan
review for the enhancement of Wilkinson Park on New York Avenue. The proposal is for
the construction of a 14-foot-wide by 57-foot-long concession stand/equipment storage
building, and the construction of a 56-space parking lot. Sanitary sewer and electrical
service already service the site. Sewer Maintenance will be increasing the capacity of the
sanitary line. The area is Assessor's Map 78, Lot 55B located within the Residential
District A. FINDINGS

Spokesperson for the applicant: Dana Anderson, Director, Parks & Recreation

Public Hearing: The following people addressed this item:
       Karen Connolly, 10 Berwick St. – prefers the alternate parking lot, but concerned with
the access up New York Avenue.
       Kelly Goodale, 29 Berwick St. – concerned with access & nearness to her house; on-
street parking will continue. Who will enforce parking and curfew rules?
       Karina Babcock, 43 Berwick St. – access road will pass right next to the playground; it's
too near the stream.
       Eileen Connolly, 11 Berwick St. – no room for a road; concerned about additional
building, and lights.
       Rhoda Conley, 35 Berwick St. – not happy with two ballfields; it used to be a
community park; doesn't need parking area.
       Warren Stanley, 150 New York Ave. – concerned with the parking lot; will make it
easier for ATV's, etc. to access area to create more noise and trash; add fence along road.
       Dave Widener, 57 Berwick St. – this won't complement the neighborhood.
       Douglas Moore, 53 Berwick St. – should remain a community ballfield, not a destination
ballfield; the concession stand is too big.
       Jean Isley, 148 Pennsylvania Ave. – concerned about: rushing into this project; adding
parking lot; emergency access; Little League is not the neighborhood's responsibility; and the
distribution of the money from the concession stand.

The Planning Board discussed the need for the parking lot; the size of the concession stand;
lighting; the neighbors' concerns; gating the access road; and the need for ballfields in South
Portland.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 36
                              MAY 11, 2004


THORNE motioned and NIXON seconded to approve the Special Exception and
Modified Site Plan for the City of South Portland on New York Avenue. Passed,
with conditions: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.

Agenda Item #9 – Special Exception & Site Plan – Lot #18 – Eastbrook Development
LLC – 155 Gannett Drive
PUBLIC HEARING
Eastbrook Development LLC requests special exception & site plan approval to construct
a 26,198 square foot office building with 88 parking spaces located within the Cummings
Road Business Park. The building will be flex space and will have provisions for loading
docks and warehousing if a tenant desires. As part of the overall subdivision approval for
Cummings Road Business Park, a stormwater detention plan was established. The area
in mention is Assessor’s Map 85, Lot 18, located within the Light Industrial District IL.


Spokesperson for the applicant: Shawn Frank, Sebago Technics

The Planning Board had no questions for this applicant.

BABBIDGE motioned and NIXON seconded to approve the waiver of Ord. Sec.
24-43(C)(2) on-site detention, and approve the Special Exception and Site Plan
for 155 Gannett Drive. Passed, with conditions: 6-0.

THORNE motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #10 – Public Comment on Items Not on the Agenda

No public comment.


Agenda Item #11 – Comments From the Planning Board and Planning Director

The Planning Director and the Board discussed the Comprehensive Plan and the
merits of neighborhood planning.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 37
                             MAY 11, 2004

Agenda Item #12 – Adjournment

BABBIDGE motioned and LORING seconded to adjourn. Passed: 6-0.

The meeting adjourned at 10:45 P.M.




Susan Cummings             Approved 6/8/04
Planning Board Secretary
May 11, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 38
                              JUNE 8, 2004


LOCATION:         COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:             7:00 P.M.


Members Present:                               Staff Present:
JUDY CARPENTER, Chair                     TEX HAEUSER, Planning Director
ROB SCHREIBER                             JAMES GAILEY, Dir., Community Development
KATHERINE LORING                          SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE (arrived 7:10)
CAROL THORNE (arrived 7:45)
PAUL NIXON


The Planning Board meeting was called to order at 7:00 p.m.


Agenda Item #1 - Approval of Minutes of the May 11, 2004 Meeting

LORING motioned and NIXON seconded to approve the minutes of May 11,
2004. Passed: 4-0 (Cox abstained).


Agenda Item #2A – Consent Calendar – Amended Site Plan – Approval Extension -
Pinnacle Partners of Sable Oaks LLC – 1515 Sable Oaks Drive

NIXON motioned and COX seconded to approve the extension of the Site Plan
approval for 1515 Sable Oaks Drive to June 10, 2005, and to approve the
waiver of Ord. Sec. 27-148 Time Limitations in order to extend the approval for
one year. Passed, with conditions: 6-0.

NIXON motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #3 – Request to Discontinue Armory Street – City of South Portland

The City of South Portland (Public Safety) is initiating the vacation of Armory Street
in order to facilitate an application by the Police Department for Homeland Security
money to secure the Public Safety Complex.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 39
                              JUNE 8, 2004

NIXON motioned and BABBIDGE seconded to postpone this item to July 13,
2004. Passed: 6-0.


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; one equipment
storage building; one truck storage building and three 30,000-gallon vertical LP tanks on
a reinforced concrete pad. The area is Assessor’s Map 65, Lots 16 & 20 within the
Commercial C District.

Public Hearing: No comment.

The Planning Board discussed the uses for the propane; the hours of operation; security;
the delivery of the propane to the site; and the reason for not having dumpsters.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for two additional self-storage buildings, two equipment buildings, and three
30,000-gallon propane tanks located at 2092 Broadway.

Mr. Cox questioned if this project meets the City ordinances, and if Corporation Counsel
could look at the relevant ordinances to determine if the tanks are allowed. After a
discussion by the Board and Planning staff, Mr. Babbidge and Mr. Nixon agreed to
withdraw their motion.

COX motioned and NIXON seconded to postpone this item to June 22, 2004 at
5:30 P.M. to allow Corporation Counsel time to determine if the number of
tanks and the size of the tanks meet the City ordinances. Passed: 4-2 (Loring,
Schreiber).


Agenda Item #5 – Zoning Text Change – Ord. Sec. 27-384(2) Special Exception Uses –
Transitional Residential District RT – Catherine Bickford and Ed Rowe

Catherine Bickford and Ed Rowe are requesting a zoning text change to Ordinance
Section 27-384(2) in order to allow "local retail business" as a special exception in the
Transitional Residential District RT. The applicant has proposed modifying the zoning
language in the following way: Ord. Sec. 27-55 Definitions Arts and Craft Emporium. An
establishment or use not greater than 1,000 square feet gross floor area in size and
primarily engaged in the retail sale of artist supplies and materials, handcrafted items,
items sold in limited editions, and gifts. and Ord. Sec. 27-384 Special Exceptions by
adding Arts and craft emporium.
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 40
                               JUNE 8, 2004


Public Hearing: No comment.

The Planning Board discussed adding retail to the zone; parking; the reason for the 1,000 SF
size; and compliance with the existing ordinance.

THORNE motioned and NIXON seconded to postpone this item to July 13, 2004
to allow the Code Enforcement Officer time to re-read the ordinance and make
a ruling. Passed: 7-0.


Agenda Item #6 – Preliminary Major Subdivision – 3 S, Inc. – Sawyer Street – Five-
lot subdivision

3S, LLC has requested preliminary major subdivision review for their proposed 5-lot
subdivision located on a 1.66-acre site at 667 Sawyer Street. Of the 5 lots, one lot is
improved with a two-unit farmhouse. The area is Assessor’s Map 12, Lot 97, located
within the Residential District A.

Spokesperson for the applicant: Shawn Frank, Sebago Technics, Inc.

Public Hearing: The following people addressed this item:

      Robert Lewis, 89 Providence Ave. – concerned about traffic increases and truck traffic on
      Providence.

      Joe Pecoraro, 237 Walnut St. – asked if existing vegetation will be removed.

      Jane Napolitano, 52 Providence Ave. – concerns are increased traffic and location of the
      driveways.

      Michelle Laberge, Providence Ave. – traffic on Providence is very dangerous.

The Planning Board discussed the traffic problem on Providence Avenue; the easements
for the sanitary sewer; and the type of soil on the site.

LORING motioned and COX seconded to approve the waiver of Ord. Sec. 24-
43(c)(2) requiring on-site detention, and approve the Preliminary Major
Subdivision for Whitten Knoll subdivision, 667 Sawyer Street. Passed: 7-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 41
                              JUNE 8, 2004

Agenda Item #7 – Request to Discontinue Gorham Road Extension – City of South
Portland

The City of South Portland is requesting the discontinuance of the Gorham Road
Extension. The roadway serves as one of the access points off from Western Avenue into
the Redbank Neighborhood. With the redesign of Western Avenue in the next two years,
the closure of this roadway would aid in the intersection redevelopment and will provide
additional traffic signal timing to the other three legs in the intersection, if this leg was
eliminated from the cycle.

Public Hearing: A letter City Manager Jeffrey Jordan was read.
      Vincent Maietta, V & E Enterprises – he is opposed to the closing because it would
impact Western Avenue Crossing. Offered suggestions of a road across City property and
a cul-de-sac at the edge of the closed portion.
      Mark Cyr, C. N. Brown – he is against this closing because his customers and
delivery trucks use Gorham Road to access his site. A closing would prove a hardship to
his business.
      Doug Roncarati, Conservation Commission – leave the road surface and roadbed in
place for now to allow wetland mitigation later.

The Planning Board discussed the timetable for the building of the Jetport Plaza Road
and the widening of Western Avenue; the increased traffic from new projects on
Westbrook Street; the timing of the closing; removing the center island on Westbrook
Street near C.N. Brown; the right turn access to the road suggested by Mr. Maietta;
adding signage to the property to direct people to the main entrance on Western
Avenue; the addition of a cul-de-sac; and the necessity for closing Gorham Road.

BABBIDGE motioned and NIXON seconded that, based on finding adverse
planning impacts with a discontinuance of the first 175 feet of Gorham
Road Extension and on having insufficient information, a negative
recommendation is sent to the City Council. Passed: 7-0.


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

Mr. Cox asked for a new policy on notifying Board members about site walks, and
suggested the ordinance should be rewritten if propane is allowed.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 42
                             JUNE 8, 2004

Mr. Babbidge asked that other Board members try to discuss any questions they
may have with the Planning staff before the meeting, if possible.

Mr. Haeuser announced Jim Gailey's new position and that this would be his last
Planning Board meeting.


Agenda Item #10 – Adjournment

THORNE motioned and NIXON seconded to adjourn. Passed: 7-0.

The meeting adjourned at 9:45 P.M.




Susan Cummings               APPROVED 6/22/04
Planning Board Secretary
June 8, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 43
                             JUNE 22, 2004


LOCATION:         COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:             7:00 P.M.

Members Present:                              Staff Present:
JUDY CARPENTER, Chair                    TEX HAEUSER, Planning Director
ROB SCHREIBER                            JAMES GAILEY, Dir., Community Development
KAY LORING                               SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE(arrived 7:05 p.m.)
CAROL THORNE
PAUL NIXON


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the June 8, 2004 Meeting

THORNE motioned and NIXON seconded to approve the minutes of June 8,
2004. Passed: 6-0.


Agenda Item #2 – Consent Calendar


Agenda Item #3 – Amended Site Plan – Broadway Self-Storage Facility – 2092
Broadway

Ronald Blanchard, of Broadway Industries, has submitted an amended site plan
application for the creation of two new steel self-storage buildings; one equipment
storage building, one-truck storage building and 3-30,000 gallon vertical LP tanks on a
reinforced concrete pad. The area is Assessor’s Map 65, Lots 16 & 20 within the
Commercial C District.

Public Hearing: No comment.

The Planning Board discussed the ordinance language; the size of the tanks; and similar
projects approved in the past.

LORING motioned and BABBIDGE seconded to approve the Amended Site Plan
for 2092 Broadway. Passed, with conditions: 5-2 (Cox, Nixon).
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 44
                             JUNE 22, 2004

THORNE motioned and LORING seconded to approve the Findings of Fact.
Passed: 5-2 (Cox, Nixon).


Agenda Item #4 – Request to Discontinue Gorham Road Extension – City Initiated –
First 175-feet east from Western Avenue

The City of South Portland is initiating the discontinuance of the Gorham Road
Extension. The discontinuance of this section of roadway is in anticipation of the
Western Avenue widening project that is slated to begin within the next few years. For
the intersection to gain capacity, this leg of the intersection needs to be closed. The
Planning Board will be making a recommendation to the City Council.

Public Hearing: The following people addressed this item:

      Tom Errico, Wilbur-Smith Associates – spokesperson for applicant
      Leah Hennitar, Manager, Olde English Village – had concerns about the notice process
and the traffic problems in the area.
      Pam Gentley, resident, Olde English Village – concerned about an evacuation route for
residents and traffic problems caused by closing Gorham Road.
      Norma Catalano, resident, Olde English Village – concerned that nothing is being
planned to take care of traffic problems created by Gorham Road closing.
      Mike Vaillancourt, resident and President of the local Chamber of Commerce – the
Gorham Road extension is part of the existing traffic congestion. The widening of Western
Avenue will help change this. Businesses in the area are in favor of the closing.

The Planning Board discussed the improvements planned for Exit 3 of I-295; the timing of the
closing of Gorham Road as related to other traffic improvements in the area; an evacuation
route for the Westbrook Street residents; and the section of Western Avenue between
Gorham Road and Westbrook Street.

BABBIDGE motioned and NIXON seconded to recommend to the City Council
not to discontinue Gorham Road Extension.

THORNE motioned and BABBIDGE seconded to amend the Main Motion to show
that this decision against discontinuance is based on the following:
1. More information is needed on the section of Western Avenue from Gorham
   Road to Westbrook Street. 2. A time-frame for the other improvements is
   not available and the discontinuance should not happen before the Jetport
   Plaza Road is completed. 3. The full plan showing the reconstruction of
   Westbrook Street and Western Avenue is needed. 4. An analysis of an
   evacuation route is needed in case of an accident at the Jetport or National
   Semiconductor. Passed: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 45
                             JUNE 22, 2004


Vote on Main Motion. Passed: 7-0.


Agenda Item #5 – Amending Planning Board Regulation #4 – City Initiated

The Planning Department is requesting an amendment to Regulation #4. This regulation
governs the Planning Board’s Application Forms and Instructions. The Planning
Department is requesting the amendments in order to address the criteria needed for
applications to prove financial capability. This amendment will be addressed in all Site
Plan and Subdivision applications.

Public Hearing: The following people addressed this item:

      Philip Ahrens, Pierce Atwood – had not seen the revised language. Was concerned
that the Board was rushing to make a change. The applicant needs to say why it cannot
provide the information asked for.

The Board discussed the reason for making the change; the role of the financial
institution in the approval process;

NIXON motioned and BABBIDGE seconded to approve the amendment to
Planning Board Regulation #4, in order to allow for the modification of the Site
Plan and Subdivision Applications and Instructions. Passed: 4-3 (Cox, Loring,
Schreiber)


Agenda Item #6 – Amended Subdivision and Amended Site Plan – Pinnacle Partners of
Sable Oaks, LLC – 1515 Sable Oaks Drive

South Portland Planning Board will conduct a public hearing on the amended subdivision
& site plan application of Pinnacle Partners of Sable Oaks, LLC for a 119,000 SF, four
story building located at 1515 Sable Oaks Drive. The building footprint will be 31,250
SF in size. The property in mention is Assessor’s Map 72, Lot 18, in the Professional
Office District PO. This hearing will be only on the financial capacity of Pinnacle Partners
to complete the project.

THORNE motioned and BABBIDGE seconded to postpone this item to the
meeting of August 10, 2004. Passed: 7-0.


Agenda Item #7 – Public Comment on Items Not on the Agenda
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 46
                              JUNE 22, 2004

Philip Ahrens, Pierce Atwood – if only one person remains for an agenda item, than that
person should be allowed to speak after the public hearing is closed.


Agenda Item #8 – Comments From the Planning Board and Planning Director

The Planning Board commented on interpreting the ordinances; the project
proposed by Mr. Cacoulidis; and possibly adding more on landscaping to the
ordinances.


Agenda Item #9 – Adjournment

BABBIDGE motioned and NIXON seconded to adjourn. Passed: 7-0.

The meeting adjourned at 10:45 P.M.




Susan Cummings                          Approved 7/13/04
Planning Board Secretary
June 22, 2004

A workshop on Thomas Knight Park Transient Boat Slips – City of South Portland – Ocean/Waterman Drive
immediately followed the meeting.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 47
                             JULY 13, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           STEVE PULEO, Community Planner
KAY LORING                              SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON



The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the June 22, 2004 Meeting

THORNE motioned and NIXON seconded to approve the minutes of June 22,
2004. Passed: 7-0.


Agenda Item #2A – Consent Calendar – Release of Performance Guarantees –
Robert Adam – The Oaks – 5 Latham Street

BABBIDGE motioned and NIXON seconded to approve the release of the
$28,010.00 Performance Guarantees for Public Improvements and Erosion
Control. Passed: 6-0 (Thorne abstained).

Agenda Item #2B – Consent Calendar – Release of Performance Guarantees –
Imagine Inc. – Eggspectation – 125 Western Avenue

Agenda Item #2C – Consent Calendar – Release of Performance Guarantee –
Sprague Energy – 59R Main Street

Agenda Item #2D – Consent Calendar – Release of Performance Guarantees –
Broadway Self-Storage – 2092 Broadway

BABBIDGE motioned and NIXON seconded to approve the release of the
Performance Guarantees as stated for Items 2B, 2C, and 2D. Passed: 7-0.

Agenda Item #2E – Consent Calendar – Amended Major Subdivision – Highland
Woods Subdivision – Appletree Drive
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 48
                             JULY 13, 2004


NIXON motioned and COX seconded to approve the Amended Major
Subdivision for Lot #9 of Highland Woods subdivision. Passed, with
conditions: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0


Agenda Item #3 – Request to Discontinue Armory Street – City of South Portland
PUBLIC HEARING
The City of South Portland (Public Safety) is initiating the discontinuance of Armory
Street The Police & Fire Departments are currently in the process of applying for
Homeland Security money to secure the Public Safety Complex and in order for them to
do this the City needs to acquire part of the street.

Spokespersons for the applicant: Ed Googins, Chief of Police
                                 Kevin Guimond, Fire Chief

Public Hearing: The following people addressed this item:
      John Holverson, Director of the Museum of Glass and Ceramics – in general, the
Museum Board is in support of this project and is confident the remaining issues can be
resolved.

The Planning Board discussed Museum access to the gate and the location of the fence.

LORING motioned and NIXON seconded to recommend approval to the Council
for the discontinuance of Armory Street with a reservation of a utility easement
and a cross access easement benefiting both abutters, based on the Board not
finding any adverse planning impacts with the discontinuance. Passed: 7-0.


Agenda Item #4 – Zoning Text Change – Chapter 27, Article XLI – Transitional
ResidentialDistrict RT – Catherine Bickford and Ed Rowe
PUBLIC HEARING
Catherine Bickford and Ed Rowe are requesting a Zoning Text Change to Article XLI
in order to allow accessory uses, including retail sales up to 1,000 SF in area as
permitted and special exception uses in the Transitional Residential District RT.

Spokesperson:    Catherine Bickford, Applicant.

Public Hearing: The following person addressed this item:
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 49
                             JULY 13, 2004

      Peter DeRice, 22 Vincent St. – concerned that the neighborhood is deteriorating and
house values are coming down because of the traffic and parking from the businesses on
Cottage Road.

The Planning Board discussed on-site parking spaces; traffic; the history of the RT Zone; the
area on the property being used for the retail business; neighborhood businesses; adding
more definitions to the Ordinance Section; the need for Special Exception; and what would be
allowed under the new language.

COX motioned and CARPENTER seconded to recommend to the City Council
approval of the request for zoning text amendments to Sec. 27-384 to add
accessory uses, including retail sales, to the list of permitted and special
exception uses in the Transitional Residential RT zoning district based on a
determination that the amendments are pursuant to and consistent with the
Comprehensive Plan. Failed: 1-6 (Babbidge, Cox, Loring, Nixon, Schreiber,
Thorne).


Agenda Item #5 – Amended Site Plan – Hummer of South Portland – Frederick W.
Pape III and FWP Realty LLC – 2065 Broadway
PUBLIC HEARING
Frederick W. Pape III and FWP Realty LLC are requesting Amended Site Plan approval to
construct a new 6,894 SF building with associated display lot for the future home of
“HUMMER OF SOUTH PORTLAND” dealership. The area in mention is Assessor’s Map 65,
Lots 27, 28A, 28B, and 29, located within the General Commercial District CG.

Spokespersons for the applicant: Robert Metcalf, Mitchell & Associates

Public Hearing: No comment.

The Planning Board discussed the location and size of the propane tank; the lighting;
landscaping; snow storage; the size of the signs; traffic; and putting a condition on the signs.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for 2065 Broadway, Pape Hummer Dealership. Passed, with conditions: 6-0
(Schreiber abstained).

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #6 – Zoning Text Change – Weight Watchers of Maine – Professional
Office District's Performance Standards – Ordinance Section 27-139(d)(iii) Signs
                 MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 50
                                  JULY 13, 2004

    PUBLIC HEARING
Weight Watchers of Maine has requested a text amendment to change a portion of
    the performance standards found under the Professional Office District. The
    change would allow signs to be installed within 25 feet of any property line.
    Currently the standard is 50 feet from any property line.

     Spokespersons for the applicant: Linwood Myshrall, Land Use Consultants
                                      Jacquelyn Conn, Weight Watchers of Maine

     Public Hearing: No comment.

     The Planning Board discussed the need for the sign; changing the ordinance for one property;
     the size and location of the sign; including only part of the zone in the change; and sight
     lines.

     THORNE motioned and BABBIDGE seconded to recommend to the City Council
     approval of the request for a zoning text amendment to Article XVI-A.
     Professional Office District PO, Ord. Sec. 27-139(d)(iii), with the following
     addition "For properties fronting on Running Hill Road or Cummings Road, signs
     may be located within 25’ of any lot line provided that the City Traffic Engineer
     certifies there is adequate sight distance.", based on the determination that the
     text change is consistent to the South Portland Comprehensive Plan. Passed: 7-
     0.

     Agenda Item #7 – Preliminary Major Subdivision – 25 Henley Street – HW Land Co LLC
     – Village Court Condominiums
     PUBLIC HEARING
     HW Land Company LLC requests Preliminary Major Subdivision review to construct 12
     condominiums on a 1.37-acre parcel located at 25 Henley Street. The lot in mention is
     Assessor’s Map 5, Lot 51A located in the Residential District G.

     Spokespersons for the applicant: Dan White, HW Land Company
                                      Jim Coffin, Engineer

     Public Hearing: The following people addressed this item:
           William Fowler, Stanford St. – questions on the height of the first floor ,and on the
     sewer connection.
           Larry Albert, Margaret St., FVCNA President – they addressed some of the neighbors'
     concerns, and the builder has an excellent reputation.
           Peter Mullen, Stanford St. – questions on the water and sewer connections, and
     hydrants.
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 51
                              JULY 13, 2004

The Planning Board discussed the French drains; the lack of a watershed plan; landscaping;
adding a berm with shrubs along Henley Street; the DEP permit; the configuration of the
natural gas line; and the number of rooms in each unit.

BABBIDGE motioned and NIXON seconded to approve the waiver of Ord. Sec.
24-43(c)(2), and approve the Preliminary Major Subdivision for Village Court
Condominiums at 25 Henley Street. Passed: 7-0.
COX motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #8 – Special Exception & Site Plan – Thomas Knight Park – 0 Ocean Street
– City of South Portland
PUBLIC HEARING
The City of South Portland has submitted a special exception and modified site plan
application for a public boat facility located within Thomas Knight Park. The boat facility
will be a combination of fourteen floats, associated gangways, and a pier. The area in
mention is Assessor’s Map 15, Lot 20B within the Limited Business District LB,
Commercial District C and Shoreland Area.

Spokespersons for the applicant: Tom Meyers, Transportation and Waterfront Director
                                 Steven DeWitt, Pine Tree Engineering

Public Hearing: No comment.

The Planning Board discussed the season for public use; the City's liability during bad
weather; the affect of the suction and wash from ships on the docking floats; and the storage
of the floats during the winter.

LORING motioned and NIXON seconded to approve Special Exception and
Modified Site Plan for the Public Boat Facility located in Thomas Knight park.
Passed: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #9 – Public Comment on Items Not on the Agenda

John Pappi, 2056 Broadway – The Planning Board violated its own ordinance in approving the
propane tanks. (gave hand-out to the Board).
William Fowler, Stanford St. – concerned about the evacuation of neighbors to the site of
the propane tanks.
             MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 52
                              JULY 13, 2004

Tom Ainsworth, Attorney for Broadway Self-Storage – no one spoke at the meetings on the approval
of the propane tanks.


Agenda Item #10 – Comments From the Planning Board and Planning Director

Mr. Nixon mentioned that the tracks at Broadway and Evans St. are badly in need of
repair.


Agenda Item #11 – Adjournment

BABBIDGE motioned and NIXON seconded to adjourn. Passed: 7-0.

The meeting adjourned at 11:10 P.M.




Susan Cummings                  Approved 8/10/04
Planning Board Secretary
July 13. 200
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 53
                            AUGUST 10, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           STEPHEN PULEO, Community Planner
KAY LORING                              SUSAN CUMMINGS, Secretary
STANLEY COX
PAUL NIXON
Members Absent:
CRAIG BABBIDGE
CAROL THORNE


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the July 13, 2004 Meeting

COX motioned and NIXON seconded to approve the minutes of July 13, 2004.
Passed: 5-0.

Agenda Item #2A – Consent Calendar – Release of Performance Guarantees – Joe
Loring – Joe’s Boathouse Lobster Pit – 1 Spring Point Drive

NIXON motioned and COX seconded to approve the release of the $3, 000.00
Public Improvement performance guarantee for Joe's Boathouse Lobster Pit
located at 1 Spring Point Drive. Passed: 4-0 (Loring abstained).

Agenda Item #2B – Release of Performance Guarantees – RiverPlace Development, LLC
– River Place – 80 Second Street

NIXON motioned and SCHREIBER seconded to approve the release of the
$160,500.00 Public Improvement and $40,800.00 Erosion Control performance
guarantees for RiverPlace located at 80 Second Street. Passed: 5-0.

Agenda Item #2C – Amended Site Plan – Extension of Approval Time Frame – Stop &
Shoppe Car Wash Bay – Stop & Shoppe, Inc. – 327 Main Street

LORING motioned and NIXON seconded to approve the waiver of Ord. Sec. 27-
148 Time Limitation to grant a time extension of six months to expire February
10, 2005, and to approve the Amended Site Plan for Stop & Shoppe Car Wash
located at 327 Main Street. Passed: 5-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 54
                            AUGUST 10, 2004


LORING motioned and SCHREIBER seconded to approve the Findings of Fact.
Passed, with conditions: 5-0.

Agenda Item #2D – Re-approval of Lapsed Subdivision and Extension of Site Plan – GLM
Associates, Inc. – Highland Commons – 77 Gary L. Maietta Parkway

LORING motioned and NIXON seconded to approve the waiver of Ord. Sec. 148
Time Limitation for a time extension of one year to expire August 24, 2005, and
to approve the re-approval of the Final Major Subdivision, and the Amended
Site Plan for Highland Commons located at 77 Gary L. Maietta Parkway. Passed,
with conditions: 5-0.

COX motioned and NIXON seconded to approve the Findings of Fact. Passed: 5-
0.

Agenda Item #2E – Amended Site Plan – Waiver Request for Two Occupancy
Permits – VFW Subdivision – Southeast Road Development Group, LLC – 327 Main
Street

NIXON motioned and COX seconded to approve the waiver of Ord. Sec. 24-
30(a) to receive two occupancy permits before public improvements are in
place, and to approve the Amended Site Plan for VFW Subdivision, Southeast
Road.

COX motioned and NIXON seconded to amend the Main Motion to require a
base coat of paving be done for Lot 8 and the other lot on Calais Street before
the occupancy permits are issued. Passed: 5-0.

Vote on Main Motion: Passed: 5-0.

SCHREIBER motioned and COX seconded to approve the Findings of Fact.
Passed: 5-0.


NIXON motioned and LORING seconded to waive Planning Board Regulation
#1, 1(a) for Agenda Item #3. Passed: 5-0.

Agenda Item #3 – Amended Subdivision & Amended Site Plan – 1515 Sable Oaks Drive – Sable
 Oaks Office Building – Pinnacle Partners
Pinnacle Partners, Sable Oaks, LLC, has submitted an amended subdivision & amended
site plan application for a 119,000 SF four-story building located at 1515 Sable Oaks
Drive. The office building footprint will be 31,250 SF in size. This hearing will be only on
the financial capability of Pinnacle Partners to complete the project. The property in
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 55
                            AUGUST 10, 2004

mention is Assessor’s Map 72, Lot 18 in the Professional Office District PO.

Spokesperson for the applicant: Jim Thompson, VP Development, Pinnacle Partners

Public Hearing: The following people addressed this item:
      Tom Keane, Sable Oaks & Sablots – this letter is not enough; it doesn't give a definite
financing plan.

The Planning Board discussed adding a condition to require further evidence of financing;
adding a condition to limit start of any clearing until financing is obtained; and scrutiny of
subsequent projects with this type of financial capacity letter.

Upon the Planning Board finding that the applicant has met financial capability
with the submission of this letter, SCHREIBER motioned and NIXON seconded
to approve the Amended Subdivision and Amended Site Plan for Pinnacle Office
Park located at 1515 Sable Oaks Drive. Passed, with conditions: 5-0.

LORING motioned and SCHREIBER seconded to approve the Findings of Fact.
Passed: 5-0.


Agenda Item #4 – Special Exception – Helen C. Skelton – Accessory Dwelling Unit – 37
Sterling Avenue
Helen C. Skelton is requesting special exception review for her proposed ADU within her
home at 37 Sterling Avenue. The applicant has a 2,100 SF single-family wood frame
home in which she is proposing a 630 SF ADU for the existing second floor space. The
area in mention is Assessor’s Map 12, Lot 29, located within the Residential District A.

Spokesperson for the applicant: Craig Skelton

Public Hearing: No comment.

LORING motioned and NIXON seconded to approve the Special Exception for
Helen Skelton at 37 Sterling Avenue. Passed, with conditions: 5-0.

SCHREIBER motioned and COX seconded to approve the Findings of Fact.
Passed: 5-0.


Agenda Item #5 – Special Exception – George Gadbois – Accessory Dwelling Unit – 1796
Broadway
George Gadbois is requesting special exception review for his proposed ADU within his
residence located at 1769 Broadway. The applicant has an existing two-story wood
frame barn attached to the house and is proposing the creation of a 550 SF ADU on the
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 56
                            AUGUST 10, 2004

second floor. The area is Assessor’s Map 51, Lot 27H, located within the Residential
District A.
The Planning Board discussed the number of parking spaces.

COX motioned and NIXON seconded to approve the Special Exception for
George Gadbois at 1769 Broadway. Passed, with conditions: 5-0.

COX motioned and NIXON seconded to approve the Findings of Fact. Passed: 5-
0.

Agenda Item #6 – Site Plan – 505 Sable Oaks Drive – Sable Oaks Office Building – Soley
Oaks LLC
Soley Oaks, LLC has submitted a site plan application for a 45,000 SF; three-story
building located at 505 Sable Oaks Drive. The building footprint will be 15,000 SF in
size. The property is Assessor’s Map 69, Lot 10, in the Professional Office District PO.

Spokesperson for the applicant: Steve Harding, Oest Associates

Public Hearing: The following person addressed this item:
      Tom Keane, Sable Oaks, Sablots – concerned about the easement.

The Planning Board discussed the easement; the curb cuts; dumpsters; financial
capacity; blasting provisions; FAA approval; the intersection for the new signal; and the
construction of the building.

COX motioned and NIXON seconded to approve the waiver of Ord. Sec. 27-148
Time Limitations to grant a one-year Planning Board approval to August 10,
2005, and approve the Site Plan for 505 Sable Oaks Drive. Passed, with
conditions: 5-0.

COX motioned and NIXON seconded to approve the Findings of Fact. Passed: 5-
0.


Agenda Item #7 – Final Major Subdivision and Site Plan– 3S, Inc. – 667 Sawyer Street –
Five Lot Subdivision
3S, LLC has requested preliminary major subdivision review for their proposed 5-lot
subdivision located on a 1.66-acre site at 667 Sawyer Street. Of the 5 lots, one lot is
improved with a single family home. The area is Assessor’s Map 12, Lot 97, located
within the Residential District A.

Spokesperson for the applicant: Shawn Frank, Sebago Technics
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 57
                           AUGUST 10, 2004

Public Hearing: No comment.

The Planning Board discussed the drainage; the concerns of the Conservation
Commission; lighting; and public notices.

NIXON motioned and COX seconded to approve the waiver of Ord. Sec. 24-
43(c)(2) On-site Detention, and approve the Final Major Subdivision for
Whitten Knoll, 667 Sawyer Street. Passed, with conditions: 5-0.

COX motioned and NIXON seconded to approve the Findings of Fact.


Agenda Item #8 – Public Comment on Items Not on the Agenda

No comment.

Agenda Item #9 – Comments From the Planning Board and Planning Director

COX motioned and NIXON seconded to reconsider the proposed text change
to the RT Zone for Catherine Bickford. Failed: 3-2 (Schreiber, Loring).
(Board member Stanley Cox asked to have the following explanation of the
failed vote included with this motion: Per Chair Carpenter's citing of
Roberts Rules of Order in which two-thirds of the members present must
vote in the affirmative for passage where any members absent have not
been notified in advance of the reconsideration.)


Agenda Item #10 – Adjournment

COX motioned and SCHREIBER seconded to adjourn. Passed: 5-0.

The meeting adjourned at 10:30 P.M.




Susan Cummings                APPROVED 9/14/04
Planning Board Secretary
August 10, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 58
                          SEPTEMBER 14, 2004

LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                        Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           STEPHEN PULEO, Community Planner
KAY LORING                              SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON

The Planning Board meeting was called to order at 7:00 P.M.

Agenda Item #1 - Approval of Minutes of the August 10, 2004 Meeting

COX motioned and NIXON seconded to approve the minutes of August 10,
2004. Passed: 5-0 (Babbidge, Thorne abstained).


Agenda Item #2A – Consent Calendar – Performance Guarantees – Boys and Girls Clubs
of Greater Portland– Boys and Girls Club Addition – 169 Broadway

NIXON motioned and COX seconded to approve release of $9,500.00 of the
Public Improvements guarantee and the $1,275.00 Erosion Control guarantee
for 169 Broadway. Passed: 7-0.

Agenda Item #2B – Consent Calendar – Amended Major Subdivision – 3S LLC–
Whitten Knoll – 667 Sawyer Street

LORING motioned and COX seconded to approve the Amended Major
Subdivision for 3S, LLC. Passed, with conditions: 7 -0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.



Agenda Item #3 – Special Exception – ADU – Accessory Dwelling Unit – 687 Highland
Avenue – Prudence Kennedy

Prudence Kennedy is requesting special exception review for an ADU at 687 Highland
Ave. The applicant has an existing 1,914 SF single-family dwelling in which a proposed
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 59
                          SEPTEMBER 14, 2004

680 SF ADU will be built as an addition. The property is Assessor’s Map 35, Lot 155 in
the Residential Zone A.

Spokesperson:   Prudence Kennedy, 687 Highland Avenue

Public Hearing: No comment.

BABBIDGE motioned and NIXON seconded to approve the Special Exception for
Prudence Kennedy at 687 Highland Avenue. Passed, with conditions: 7-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #4 – Amended Site Plan – Philbrook Ave Retail Center Expansion – 415
Philbrook Avenue – Philbrook Avenue Associates. LLC

Philbrook Avenue Associates LLC requests amended site plan review for a 23,500 SF
addition to the southern end of the building, and modification of the stormwater
management facilities of the Hannaford Plaza retail center.

CARPENTER motioned and THORNE seconded to postpone this item to the
meeting of September 28, 2004 at the request of the applicant. Passed: 7-0.


Agenda Item #5 – Amended Site Plan – Dead River Office Building – 175 Running Hill
Road – Dead River Running Hill, LLC

Dead River Running Hill, LLC requests amended site plan review for the renovation of
the former Spring Harbor Hospital building and site into an office complex. There will be
no increase in the existing 68,880 SF building size, but there will be additional paved
parking, walks, and drives covering approximately 1.85 acres. The area is Assessor’s
Map 73, Lot 7A, located within the Professional Office District PO.

Spokespersons for the applicant: Frank Crabtree, Harriman Associates
                                 Anne Littlefield, Dead River
Public Hearing: No comment.

The Planning Board discussed the signage; the possible signage zone change for that district;
sidewalks; pedestrian access; bus access; the use of the existing drive; drainage; and
parking areas.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for 175 Running Hill Road. Passed, with conditions: 7-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 60
                          SEPTEMBER 14, 2004


COX motioned and THORNE seconded to approve the Findings of Fact.
Passed: 7-0.


Agenda Item #6 – Amended Site Plan – Jetport Plaza Expansion – 443 Western Avenue
– Rist/Brunet Family Trust (Jetport Plaza, LLC)

Jetport Plaza LLC has submitted an amended site plan application for approval to
construct a 2,100 SF building addition onto their existing shopping plaza located at 443
Western Avenue. The building addition will be designed for their tenant, Quiznos
Sandwich Shop. The proposed building addition will be located at the end of the existing
retail plaza nearest to the southerly lot boundary near the Cabot House. The area is
Assessor’s Map 48, Lot 2E, located within the Central and Regional Commercial District
CCR.

Spokesperson for the applicant: Steve Bushey, DeLuca-Hoffman Associates

Public Hearing: No comment.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for 443 Western Avenue. Passed, with conditions: 7-0.

THORNE motioned and NIXON 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

Mr. Haeuser announced the Board of Appeals decision regarding the Planning Board
decision on Joe's Dockhouse, and the upcoming zone change request for Knightville.

Mrs. Carpenter mentioned a request by Turner Island neighbors to have the trash
on the walkway cleaned up.

Mr. Babbidge asked about the RT Zone change request by Bickford and Rowe.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 61
                         SEPTEMBER 14, 2004

Mrs. Thorne discussed the meeting she had attended on the 295 corridor, the work
on Exit 3, and the work done by the Parks Department on a flower bed next to
Sokokis Street.

Mrs. Loring asked about the process of approving ADU's through the Planning
Board.


Agenda Item #9 – Adjournment

BABBIDGE motioned and SCHREIBER seconded to adjourn. Passed: 7-0.

The meeting adjourned at 9:25 P.M.




Susan Cummings              Approved 9/28/04
Planning Board Secretary
September 14, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 62
                          SEPTEMBER 28, 2004

LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           STEPHEN PULEO, Community Planner
KAY LORING                              SUSAN CUMMINGS, Secretary
STANLEY COX
CAROL THORNE
PAUL NIXON
Members Absent:
CRAIG BABBIDGE

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the September 14, 2004 Meeting

THORNE motioned and NIXON seconded to approve the minutes of September
14, 2004. Passed: 6-0.

Agenda Item #2A – Consent Calendar – Special Exception and Amended Site Plan
Approval Extensions – Youth Alternatives– Youth Alternatives Home for Girls – 649
Westbrook Street

THORNE motioned and NIXON seconded to approve Special Exception and
Amended Site Plan for Youth Alternatives Home for Girls at 649 Westbrook
Street, and to approve the waiver of Ord. Sec. 27-148 Time Limitations to grant
an extension of the site plan approval for one year to expire October 28, 2005.
Passed, with conditions: 6-0.

COX motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.

Agenda Item #2B – Consent Calendar – Release of Performance Guarantee –
Bramlie Development Corporation– Long Creek (Sakego) Office Park – 221 Gorham
Rd.

NIXON motioned and COX seconded to approve the release of the $4000.00
Landscaping Guarantee for Long Creek Office Park, 221 Gorham Road. Passed:
6-0.
Agenda Item #2C – Consent Calendar – Performance Guarantee Release – Cheryl
Carrier– Toddle Inn Daycare, Inc. – 57 Gary L. Maietta Parkway
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 63
                         SEPTEMBER 28, 2004

NIXON motioned and COX seconded to approve the release of the $33, 000.00
public improvements guarantee and the $2,400.00 erosion control guarantee
for Toddle Inn Daycare at 57 Gary L. Maietta Parkway. Passed: 6-0.

Agenda Item #2D – Consent Calendar Performance Guarantee Release – Southbrook
Place LLC– Lot 11 – 202 Gannett Drive

NIXON motioned and COX seconded to approve the release of the $36,700.00
public improvements guarantee and the $3,200.00 erosion control guarantee
for 202 Gannett Drive. Passed: 6-0.


Agenda Item #3 – Amended Site Plan Application – Philbrook Avenue Retail Center
Expansion – 415 Philbrook Avenue – Philbrook Avenue Associates, Inc.

Philbrook Avenue Associates LLC requests amended site plan review for a 23,500 SF
addition and modification of the stormwater management facilities of the Hannaford
Plaza retail center. The area in mention is Assessor’s Map Central and Regional
Commercial District CCR, Lot 2B.

NIXON motioned and COX seconded to postpone this item to the meeting of
October 12, 2004 at the request of the applicant. Passed: 6-0.


Agenda Item #4 – Special Exception Application – Accessory Dwelling Unit – 28 Jennies
Court – John & Jamie Jamieson

John and Jamie Jamieson are requesting special exception review for a proposed 768 SF
ADU to be added to their home at 28 Jennies Circle. The area in mention is Assessor’s
Map Residential District A, Lot 306, located within the Residential District A.

Spokespersons for the project:    Jamie Jamieson, 28 Jennies Circle
                                  Phil Galipeau, future tenant

Public Hearing: No comment.

Planning Board: No discussion.

LORING motioned and NIXON seconded to approve the Special Exception for
John and Jamie Jamieson located at 28 Jennies Court. Passed, with conditions:
6-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 64
                          SEPTEMBER 28, 2004

Agenda Item #5 – Final Major Subdivision and Site Plan – Dyer Farm Estates – 775
Highland Avenue – Justin and Kelly Dearborn

Justin and Kelly Dearborn have submitted a final major subdivision and site plan
application for a four-lot subdivision off Highland Avenue. The area in mention is
Assessor’s Map 38, Lot 66, located within the Residential District A.

Spokesperson for the applicant: Les Berry, BH2M

Public Hearing: No comment.

The Planning Board discussed adding conditions that should be met before building permits
are issued.

NIXON motioned and COX seconded to approve the waiver of Ord. Sec. 24-
42(B) to decrease the pavement width from thirty (30) feet to twenty (20)
feet, and to approve the Final Major Subdivision and Site Plan for Dyer Farm
Estate at 775 Highland Avenue. Passed, with conditions: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #6 – New zone intiated by the City – Knightvillle Zoning – Village
Residential & Village Commercial – City of South Portland

The City of South Portland is proposing new zoning in the Knightville area of South
Portland. There are both zoning map and zoning text changes proposed.

Public Hearing: The following people addressed this item:
      Paul Thelin, owner, 7 Ocean St. – he's not against the zone change, but would like
to see lots such as his, that are split by zone lines, addressed.
      Rommy Brown, 10 E St. – the Knightville Neighborhood Association and the
Waterfront Market both support these changes.
      Peter Donnelly, 6 D St. – concerned about the effect this zone change would have on
the building he just purchased.
      Dan Hogan, 127 E St. – he supports the concept but would like to see the lot lines
corrected in the future.
      Caroline Hendry, 75 B St. – she supports the concept of the zone change.
      Dick Bernard, 5 E St. – he thinks the zoning proposal meets the test of planning vision.
      Kathy Bernard, 5 E St. – supports the zoning proposal.
      Michael Carey, 45 A St. – concerned that the change will take away his right to
develop his property as he wishes.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 65
                          SEPTEMBER 28, 2004

       John Zappe, 38 A St. – thinks the proposed zone changes are a good idea for
Knightville.
The Planning Board discussed the effect the zone changes will have on property rights;
permitted uses and special exception uses; correcting lot lines; uses from the G zoning
district that are still allowed in the proposed new zones; the number of people in the
Knightville area who support the zone changes; and the mix of residence types in the
neighborhood.

THORNE motioned and SCHREIBER seconded to recommend to the City Council
approval of the proposal to create by text amendment the Village Residential
and Village Commercial zoning districts and to apply them, via the proposed
zoning map change, to Knightville based on a determination that the
amendments are pursuant to and consistent with the Comprehensive Plan.
Failed: 2-4 (Carpenter, Cox, Loring, Nixon).


Agenda Item #7 – Final Major Subdivision and Site Plan – Village Court Condominiums –
25 Henley Street – H.W. Land Co., LLC.

HW Land Company LLC requests final major subdivision and site plan review to construct
12 residential condominium units on a 1.37-acre parcel located at 25 Henley Street. The
area in mention is Assessor’s Map 5, Lot 51A, located within the Residential District G.

Spokespersons for the applicant:   Dan White, HW Land Co., LLC
                                   Steve Ross, HW Land Co., LLC
                                   Jim Coffin, Coffin Engineering

Public Hearing: The following people addressed this item:
      Dan Fowler, Stanford St. – concerned about the dead-ended hydrant and the loss of
open space.

The Planning Board discussed the term "dead-ended hydrant"; the fence location; the
existence of a homeowners' association; the retaining wall; and the sidewalk.

LORING motioned and NIXON seconded to approve the waiver of Ord. Sec. 27-
148 Time Limitations to extend the approval one year to expire on September
28, 2005, and to approve the Final Major Subdivision and Site Plan for Village
Court Condomiums located at 25 Henley Street. Passed, with conditions: 6-0.

COX motioned and NIXON seconded to approve the Findings of Fact. Passed: 6-
0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 66
                          SEPTEMBER 28, 2004

Agenda Item #8 – Public Comment on Items Not on the Agenda

No comment.


Agenda Item #9 – Comments From the Planning Board and Planning Director

The Site Walk on October 5, 2004 at 36 Broadway for the SMCC project was
discussed.

Mr. Nixon thanked Public Works for repairing the pavement at Broadway and Evans
Street where the tracks cross.

Mr. Schreiber asked if the new house on Willard Beach is within the height limits.

Mrs. Loring asked about the building on Broadway just beyond the American Legion
hall.


Agenda Item #10 – Adjournment

THORNE motioned and NIXON seconded to adjourn. Passed: 6-0.

The meeting adjourned 9:30 P.M.




Susan Cummings                Approved 10/12/04
Planning Board Secretary
September 28, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 67
                           OCTOBER 12, 2004

LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                              Staff Present:
JUDY CARPENTER, Chair                    TEX HAEUSER, Planning Director
ROB SCHREIBER                            STEPHEN PULEO, Community Planner
KAY LORING                               SUSAN CUMMINGS, Secretary
STANLEY COX
CRAIG BABBIDGE
CAROL THORNE
Members Absent:
PAUL NIXON


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the September 28, 2004 Meeting

THORNE motioned and COX seconded to approve the minutes of September 28,
2004. Passed: 5-0 (Babbidge out).


Agenda Item #2 – Consent Calendar


Agenda Item #3 – Amended Site Plan – Philbrook Avenue Retail Center Expansion – 415
Philbrook Avenue – Philbrook Avenue Associates, Inc.

Philbrook Avenue Associates LLC requests amended site plan review for a 23,500 SF
addition to the southern end of the building and modification of the stormwater
management facilities of the Hannaford Plaza retail center, located at Assessor’s Map 67,
Lot 2B in the Central and Regional Commercial District CCR.

THORNE motioned and COX seconded to postpone this item to the meeting of
November 9, 2004 at the request of the applicant. Passed: 5-0 (Babbidge out).




Agenda Item #4 – Site Plan – SMCC Early Childhood Education Center – 36 Broadway –
Southern Maine Community College
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 68
                           OCTOBER 12, 2004

SMCC requests site plan review to construct a new 6,300 SF Early Childhood Education
Lab and Classroom along Broadway in the western corner of the existing commuter
parking lot. The area is Assessor’s Map 5, Lot 102, located within Residential District G.

Spokespersons for the applicant: Stephen Mohr, Mohr & Seredin Landscaping Architects
                                 Rick Goduti, Architect
                                 William Walsh, Mohr & Seredin Landscaping Architects

Public Hearing: The following people addressed this item:
      Lacey Goodrich, 16 Todd Ln. – would like the fence put up before construction begins
for safety. SMCC said the original buffering vegetation would not be disturbed, and the island
would be removed.
      Gretchen Bates, 54 Broadway – the buffer is supposed to be 30', not 15', and 41
parking spaces are not enough.
      Tom Jordan, 42 Broadway – this is the worst place on campus for this project; traffic
through the parking lot is dangerous and the area is very noisy.

The Planning Board discussed emergency access to the site; parking; student enrollment;
controlling parking lot traffic; buffering; need for traffic study; signage on fire lane;
playground fencing; and setbacks.

COX motioned and THORNE seconded to approve the waiver of Ord. Sec. 24-
31(C)(2) On-site detention of stormwater, and approve the Site Plan for 36
Broadway, SMCC. Passed, with conditions: 3-2 (Loring, Schreiber) (Babbidge
out).

THORNE motioned and COX seconded to approve the Findings of Fact. Passed:
3-2 (Loring, Schreiber) (Babbidge out).


Agenda Item #5 – Special Exception & Modified Site Plan – Enterprise Car Wash – 434
Western Avenue – Enterprise rent-a-car

Enterprise Rent-a-Car requests special exception and modified site plan review of
proposed internal renovations to an existing building located at 434 Western Avenue,
and to add, to the west side of the existing building, a single bay car wash facility of
approximately 720 square feet in size. The area is Assessor’s Map 48, Lot 11, located
within the Central and Regional Commercial District CCR.

Public Hearing: No public comment.

Spokespersons for the applicant: Steve Freeman, Mark Carrier Construction
                                 Steve Bushey, DeLuca-Hoffman Assoc. Inc.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 69
                           OCTOBER 12, 2004

The Planning Board discussed the existing building; the number of cars; the reclamation
system for water; and the drainage system.

LORING motioned and COX seconded to approve the Special Exception and
Modified Site Plan for 434 Western Avenue, Enterprise Rent-A-Car. Passed,
with conditions: 6-0.

THORNE motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #6 – Amended Site Plan – Western Avnue Crossing, Lot 7 – 17 James Baka
Drive – V & E Enterprises, Inc.

V & E Enterprises requests site plan review of a proposed 15,700 SF retail center
located on Lot 7 of the Western Avenue Crossing Subdivision. The retail center will
include 5 businesses and a restaurant. The area is Assessor’s Map 50, Lot 207,
located within the Transitional Central and Regional Commercial District CCRT.

Spokesperson for the applicant: Shawn Frank, Sebago Technics, Inc.

Public Hearing: No public comment.

THORNE motioned and COX seconded to approve the waiver of Ord. Sec. 24-
31(C)(2) On-site detention of stormwater, and to approve the Site Plan for 17
James Baka Drive, V & E Enterprises, Inc. Passed, with conditions: 6-0.

BABBIDGE motioned and THORNE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #7 – Request to Purchase City Property – Roosevelt Street – Mathew
London/Melissa Coyne

Mathew London and Melissa Coyne are requesting to purchase a city owned parcel of
land, located on paper Roosevelt Street. The lot is 5,000 square feet in size and is
believed to be a grandfathered buildable lot under the de merger clause (Ordinance
Section 27-7(h)). The area is Assessor’s Map 9, Lot 250, located within the Residential
District G.

Public Hearing: The following people addressed this item:
      Dan O'Connell, 94 Harriet St. – the City should retain the lot to keep the paper portion
of Roosevelt Street from being built on.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 70
                           OCTOBER 12, 2004

      Robert Fernald, 32 Roosevelt St. – they are still very interested in buying this lot, that
abuts their property, for building a garage, but they would rather see the City retain the lot
than open it up to a builder.
      Ralph Sama, Home Construction, Inc. – letter read by Mrs. Carpenter.

The Planning Board discussed the reasons for not selling the property, and the reasons for
selling the property.

THORNE motioned and BABBIDGE seconded to recommend to the City Council
that the City retain the entire parcel located on Assessor's Map 9, Lot 250, 0
Roosevelt Street, based on the fact that it is part of a relatively undisturbed
natural area adjacent to the Greenbelt Walkway. Passed: 5-1 (Carpenter).


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

Mr. Schreiber said that the restaurant going into the Jetport Plaza is advertising
cheese steaks and may need to install grease traps.


Agenda Item #10 – Adjournment

THORNE motioned and LORING seconded to adjourn. Passed: 6-0.

The meeting adjourned at 10:00 P.M.



Susan Cummings                       APPROVED 10/26/04
Planning Board Secretary
October 12, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 71
                           OCTOBER 26, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
ROB SCHREIBER                           STEPHEN PULEO, Community Planner
KAY LORING                              SUSAN CUMMINGS, Secretary
STANLEY COX
CAROL THORNE
PAUL NIXON
Members Absent:
CRAIG BABBIDGE


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the October 12, 2004 Meeting

LORING motioned and THORNE seconded to approve the minutes of October
12, 2004. Passed: 5-0 (Nixon abstained).


Agenda Item #2A – Consent Calendar – Performance Guarantee Release – Mark Loring–
Loring Garages – 376/378 Sawyer Street

NIXON motioned and COX seconded to approve the release of the $3,000.00
public improvements guarantee and the $1,200.00 erosion control guarantee
for Loring Garages located at 376/378 Sawyer Street. Passed: 5-0 (Loring
abstained).

Agenda Item #2B – Consent Calendar – Performance Guarantee Release – A. E. Brown
Company– Beach Landing Condomininiums – 0 Willow Street

NIXON motioned and COX seconded to approve the release of the $68,000.00
public improvements guarantee and the $11,000.00 erosion control guarantee
for Beach Landing Condominiums located at 0 Willow Street. Passed: 6-0.



Agenda Item #3 – Special Exception – Beauty Salon – 8 Boysenberry Drive – John &
Michele Sowerby
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 72
                           OCTOBER 26, 2004

John & Michele Sowerby are requesting special exception approval for their proposed
hair and nail salon in their home located at 8 Boysenberry Drive. They will be
constructing a second floor above the garage to accommodate the salon, including a half
bathroom. The area in mention is Assessor’s Map 58, Lot 213, located within the
Residential District A.

Spokesperson: Michelle Sowerby

Public Hearing: Vincent Maietta, 199 Elderberry Drive: great addition to the neighborhood.

THORNE motioned and NIXON seconded to approve the Special Exception for
John and Michelle Sowerby at 8 Boysenberry Drive. Passed: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #4 – Special Exception ADU – Gadbois ADU – 9 Prides Road – George & Diane
Gadbois

George & Diane Gadbois are requesting a special exception review for a proposed ADU
within their home at 9 Prides Road. The applicant has an existing 1 ½ story, 2,114 SF
single-family dwelling in which a proposed 655 SF ADU will be created above the garage
to accommodate ADU. The area in mention is Assessor’s Map 51, Lot 27C, located
within the Residential District A.

Spokesperson: George Gadbois

Public Hearing: No public comment.

The Planning Board discussed the location of the entrance for the accessory dwelling unit.

SCHREIBER motioned and NIXON seconded to approve the Special Exception
ADU for George and Diane Gadbois at 9 Prides Road. Passed, with conditions:
6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.




Agenda Item #5 – Preliminary Major Subdivision – Parkway Woods – 67 Gary L. Maietta
Parkway – Louis B. and Roberta Maietta
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 73
                           OCTOBER 26, 2004


Louis B. and Roberta Maietta request preliminary major subdivision review for a 40-unit
condominium complex with associated parking for 75 cars on an 11.99 acre parcel. The
access to the complex will be from the Gary L. Maietta Parkway over an access
easement provided on the Lot. The area in mention is Assessor’s Map 59, Lot 13B,
located within the Conditional Residential Use District G-1.

Spokesperson for the applicant:     David Kamila, Land Use Consultants

Public Hearing: No public comment.

The Planning Board discussed age limitations; a note in the deeds regarding the athletic
fields; the location of the garages; using Old Bog Road for access; the culvert under Highland
Avenue; flooding problems; the condominium style; the location of emergency access;
estimated number of people per unit; plowing and snow removal; and maintenance of the
emergency access road.

COX motioned and NIXON seconded to approve the waivers of Ord. Sec. 24-
42(B) Vertical Curbing and Ord. Sec. 27-402(I) 10-foot Wetland Setback, and
approve the Preliminary Major Subdivision for Parkway Woods at 67 Gary L.
Maietta Parkway. Passed, with conditions: 6-0.

THORNE motioned and COX seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #6 – Minor Amended Site Plan – Hampton Inn Pool Addition – 171
Philbrook Avenue – Olympia Equity Investors XII, Millroc Hospitality Partners, LLC

Olympia Equity Investors XII, Millroc Hospitality Parners, LLC is requesting minor
amended site plan review to construct a 2,370 SF pool addition to the existing Hampton
Inn. The parking that is displaced (10 spaces) will be re-created at the rear of the
facility. No residential units are proposed. The area in mention is Assessor’s Map 75, Lot
5, located within the Central and Regional Commercial District CCR.

Spokesperson for the applicant:      Steve Bradstreet, Aquarion Engineering Services

Public Hearing: No public comment.

The Planning Board discussed the fencing around the pool area; the entrance to the pool
area; and the waiver for on-site detention of stormwater.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 74
                          OCTOBER 26, 2004

COX motioned and NIXON seconded to approve the waiver of Ord. Sec. 24-
31(C)(2) On-site detention of stormwater because a detention pond is provided
off site, and approve the Amended Site Plan for Hampton Inn at 171 Philbrook
Avenue.

THORNE motioned and CARPENTER seconded to amend the Main Motion to add
Condition #2 for the applicant to provide the Planning Office with a GIS
diskette. Passed: 6-0.

Vote on Main Motion, as amended. Passed, with conditions: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.


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

No comment.


Agenda Item #9 – Adjournment

THORNE motioned and NIXON seconded to adjourn. Passed: 6-0.

The meeting adjourned at 8:27 P.M.

A workshop on the new USPS Processing and Distribution Center to be constructed
in the Walter C. Nielsen Business Park was held immediately following the meeting.




Susan Cummings
Planning Board Secretary
October 26, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 75
                           NOVEMBER 9, 2004


LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
CRAIG BABBIDGE                          STEPHEN PULEO, Community Planner
KAY LORING                              MARY PERRY, Secretary
STANLEY COX
PAUL NIXON

Members Absent:
ROB SCHREIBER
CAROL THORNE

The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the October 26, 2004 Meeting

LORING motioned and NIXON seconded to approve the minutes of October 26,
2004. Passed: 4-0 (BABBIDGE abstained).


Agenda Item #2A – Consent Calendar – Landscaping Performance Guarantee Release –
Auto-Zone – 444 Lincoln Street

NIXON motioned and COX seconded to approve the release of the $1,700.00
landscaping guarantee for AutoZone, Inc. located at 444 Lincoln Street.
Passed: 5-0.

Agenda Item #2B – Consent Calendar – Amended Site Plan – Time Limitations –
Eastbrook Development, LLC – 155 Gannett Drive

NIXON motioned and COX seconded to approve the Amended Site Plan – Time
Limitations, to extend the approval to expire May 9, 2005 for 155 Gannett
Drive. Passed, with conditions: 5-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 76
                           NOVEMBER 9, 2004

Agenda Item #2C – Consent Calendar – Amended Site Plan Re-Approval – Gulf Oil,
LP Office Building Replacement – 175 Front Street

LORING motioned and BABBIDGE seconded to re-approve the Amended Site
Plan for the proposed 2,400 SF building located at 175 Front Street. Passed,
with conditions: 5-0.

BABBIDGE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0.

Agenda Item #2D – Consent Calendar – Minor Amended Site Plan – Atlantic Cellular
of Delaware (dba AT & T Wireless Services, Inc.) – Upgrade – 2375 Broadway

BABBIDGE motioned and COX seconded to approve the Minor Amended Site
Plan for Atlantic Cellular Telephone of Delaware (dba AT&T Wireless) located at
2375 Broadway. Passed, with conditions: 5-0.

LORING motioned and NIXON seconded to approve the Findings of Fact.
Passed: 5-0.


Agenda Item #3 – Amended Site Plan – Philbrook Ave Retail Center Expansion – 415
Philbrook Avenue
PUBLIC HEARING
Philbrook Avenue Associates LLC has requested Amended Site Plan review for a 23,500
SF addition to the southern end of the building and modification of the stormwater
management facilities of the Hannaford Plaza retail center. The area is Assessor’s Map
67, Lot 2B, located within the Central and Regional Commercial District CCR.

Spokespersons for the applicant: Steve Bushey, Deluca Hoffman Associates
                                 Jeremiah Bartlett, Gorrill Palmer

Public Hearing: No public comment

The Planning Board discussed stormwater and catch basin issues as well as traffic flow back
onto John Roberts Road.

BABBIDGE motioned and NIXON seconded to approve the Amended Site Plan
for Philbrook Avenue Associates LLC located at 415 Philbrook Avenue , and to
approve the waiver of Ord. Sec. 27-148 Time Limitations in order to extend the
approval to November 9, 2005. Passed, with conditions: 5-0.

NIXON motioned and COX seconded to approve the Findings of Fact.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 77
                           NOVEMBER 9, 2004

Passed: 5-0.

Agenda Item #4 – Special Exception ADU – Webber- ADU – 33 Smoke House Circle –
Kirk Webber and Peter Chandler
PUBLIC HEARING
Kirk Webber and Peter Chandler are requesting Special Exception review for a proposed
ADU to be added to their home at 33 Smoke House Circle. The applicant has an existing
2,734 SF single-family dwelling in which a proposed 714 SF ADU will be created above
the garage. The area is Assessor’s Map 57, Lot 606, located within the Residential
District A.

Spokesperson: Kirk Webber

Public Hearing: No public comment.

The Planning Board discussed the location of a fireproof wall between the existing two-car
garage and the addition of a third bay.

LORING motioned and NIXON seconded to approve the Special Exception ADU
for Kirk Webber and Peter Chandler at 33 Smoke House Circle. Passed, with
conditions: 5-0.

BABBIDGE motioned and COX seconded to approve the Findings of Fact.
Passed: 5-0.


Agenda Item #5 – Zone Map Change – Residential District A to Limited Business District
LB – 300 Main Street – GLM Associates, Inc.

GLM Associates is requesting a Zoning Map Change for their parcel of land where
Pleasant Hill Auto Sales is located. The parcel fronts on both Main Street and Broadway,
and is bisected by the zoning line. The Pleasant Hill Auto Sales’ parking lot and display
area are entirely within the Limited Business District. A small portion of the applicant’s
property, a triangular section, is in the Residential District A. The applicant is requesting
a Zoning Map Change in order to encompass the entire parcel within the Limited
Business District LB. The lot is Assessor’s Map 41 Lot 48, located within the Residential
District A and Limited Business LB. Two additional parcels joined the request and are to
be considered. These lots are Assessor’s Map 41 Lots 48A and 48B, located within the
Limited Business LB and Residential District A.

Spokesperson for the applicant:      Shawn Frank, Sebago Technics.

Public Hearing: David Lengyel, owner of Willow’s Pizza, addressed the Board. He noted
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 78
                           NOVEMBER 9, 2004

as the zone line stands, it runs through the middle of his building. Mr. Lengyel believes
this benefits all three properties by being located in one zone.

The Planning Board discussed the advantages of the zone change: property Lot 48A does not
lose residential rights and, at the same time, the property will increase in value. Although
Mrs. Lano, property owner of Lot 48A, is not present, Tex Haeuser did
inform the Board Mrs. Lano is aware of the proposed change. Mr. Cox is not in favor of
changing the zone until he knows what is proposed at 300 Main Street.

NIXON motioned and COX seconded to recommend to the City Council approval
of the Zoning Map Change for Assessor’s Map 41 Lots 48, 48A and 48B from the
Residential District A to the Limited Business District LB. This recommendation
is based on the determination that the characteristics of the parcels are either
commercial in nature or would likely have future commercial uses, contributing
to improved economic activity, land uses, and traffic conditions at the Cash
Corner intersection. Passed 4-1 (COX).


Agenda Item #6 – Preliminary Subdivision – Grandview Estates V – 1001 Highland
Avenue – JJE, LLC
PUBLIC HEARING
JJE, LLC is requesting preliminary major subdivision review for 27 single-family
residential lots on a 20.82 acre parcel. The access will be from an extension of West
Crestview (proposed Cardigan Dr.) and from Crestview off Highland Ave, plus two other
roadways which will intersect the proposed Cardigan Dr. One road will end in a cul-de-
sac, and the other will end as a hammerhead turn around on the southerly side of
Central Maine Power property. The area is Assessor’s Map 57, Lot 5, located within the
Residential District AA.

Spokespersons for the applicant:     Jamie Bruce, A.E. Brown, & Co.
                                     Shawn Frank, Sebago Technics.

Public Hearing: George Hickson, 1058 Highland Avenue.
                Therese Qualey, 1068 Highland Avenue.

The Planning Board discussed the stormwater management area and the maintenance of
the drainage swales by Phase V property owners. There was also discussion regarding
the removal of one pump station and the upgrading of another. Another point of
discussion was sidewalks placed on one side of the road only. Some board members
believe the main road (Cardigan Dr) should have sidewalks on both sides. Mr. Frank
said he would work with staff regarding this issue.
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 79
                          NOVEMBER 9, 2004

COX motioned and NIXON seconded to approve the Preliminary Major
Subdivision for Grandview Estates V, and to approve the waiver of Ord. Sec. 24-
42(b) vertical or sloped curbing. Passed, with conditions: 5-0.

NIXON motioned and COX 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

Tex Haeuser noted he had included documents, in the Planning Board packets, that
Mary Kahl, Corporation Counsel, had brought back from a conference in Texas.


Agenda Item #9 – Adjournment

BABBIDGE motioned and COX seconded to adjourn. Passed: 5-0.

The meeting adjourned at 10:05 P.M.




Mary Perry                        Approved 12/14/04
Acting Planning Board Secretary
November 9, 2004
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 80
                           DECEMBER 14, 2004



LOCATION:        COUNCIL CHAMBERS, CITY HALL, SOUTH PORTLAND, ME
TIME:            7:00 P.M.

Members Present:                             Staff Present:
JUDY CARPENTER, Chair                   TEX HAEUSER, Planning Director
KAY LORING                              STEPHEN PULEO, Community Planner
STANLEY COX                             SUSAN CUMMINGS, Secretary
CRAIG BABBIDGE
CAROL THORNE
PAUL NIXON
Members Absent:
ROB SCHREIBER


The Planning Board meeting was called to order at 7:00 p.m.

Agenda Item #1 - Approval of Minutes of the November 9, 2004 Meeting

COX motioned and NIXON seconded to approve the minutes of November 9,
2004. Passed: 4-0 (Thorne abstained)(Babbidge not arrived).


Agenda Item #2A – Consent Calendar – Amended Subdivision – Southeast Road
Development Group LLC– VFW Subdivision – Southeast Road and Calais Street

NIXON motioned and COX seconded to approve the Amended Major Subdivision
for Southeast Road Development Group, LLC. Passed, with conditions: 5-0
(Babbidge not arrived).

LORING motioned and COX seconded to approve the Findings of Fact.
Passed: 5-0 (Babbidge not arrived).

Agenda Item #2B – Consent Calendar – Amended Subdivision and Amended Site
Plan – Justin and Kelly Dearborn– Dyer Farm Estates – Dunphe Dr.

BABBIDGE motioned and NIXON seconded to approve the waiver of Ord. Sec.
27-148 Time Limitations for a six-month extension to expire on September 28,

2005, and to approve the Amended Subdivision and Site Plan for Dyer Farm
Estates. Passed, with conditions: 6-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 81
                           DECEMBER 14, 2004

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.

Agenda Item #2C – Consent Calendar – Performance Guarantee Release – Sprague
Energy Corporation– Various System Improvements – Main Street

NIXON motioned and BABBIDGE seconded to approve the release of $18,
000.00 in Public Improvement guarantees and $17, 110.00 in Erosion Control
guarantees for Sprague Energy Corporation. Passed: 6-0.

Agenda Item #2D – Consent Calendar – Performance Guarantee Release – Joseph
Ramonas – Victoria Place – 330 Sawyer Street

NIXON motioned and COX seconded to approve the release of the $1, 540.00
Landscaping guarantee for Victoria Court, 330 Sawyer Street. Passed: 6-0.

Agenda Item #2E – Consent Calendar – Proformance Guarantee Release – National
Semiconductor– Recreation Complex and Field – 5 Foden Road

NIXON motioned and COX seconded to approve the release of $11, 525.00 in
Erosion Control guarantees for National Semiconductor, 5 Foden Road. Passed:
6-0.


Agenda Item #3 – Special Exception Assessory Dwelling Unit – ADU-Helton/Ayoob – 141
Brigham Street – Angela Helton-Ayoob/George Ayoob

Angela Helton-Ayoob and George Ayoob are requesting special exception review for an
ADU to be created in their home at 141 Brigham Street. The applicants have a 2,738 SF
single-family dwelling in which an existing 736 SF apartment is located above the
garage. The area is Assessor’s Map 42, Lot 4, located within the Residential District A.

Spokesperson: Angela Helton-Ayoob, applicant

Public Hearing: No public comment.

The Planning Board discussed the Fire Department's concerns.

THORNE motioned and NIXON seconded to approve the Special Exception ADU
for Angela Helton-Ayoob and George Ayoob at 141 Brigham Street. Passed,
with conditions: 6-0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 82
                           DECEMBER 14, 2004



Agenda Item #4 – Amended Site Plan – Shops at Clark's Pond Expansion – 333 Clark's
Pond Parkway – CPSP, LLC

CSPS, LLC requests amended site plan review of their proposal to enclose the outside
canopy located on the southeasterly end of Bob's Discount Furniture store. The proposal
would create a 7,000 SF structure for either a new restaurant or retail space. The area
is Assessor’s Map 66, Lot 12, located within the Central and Regional Commercial
District CCR and Resources Protection District RP.

Spokespersons for the applicant: Steve Harding, Oest Assoc.
                                 Joe Soley

Public Hearing: No public comment.

The Planning Board discussed the fire lanes; the flow from the roof drains and the possibility
of icing on the walkways; landscaping; location of the entrance and exit; and adding a
condition to connect the roof drains to underground drains.

THORNE motioned and NIXON seconded to approve the waivers of Ord. Sec.
24-43(C)(2) On-site stormwater detention and 27-148 Time Limitations for a
one-year approval to expire on December 14, 2005, and approve the Amended
Site Plan for 333 Clarks Pond Parkway, CPSP, LLC. Passed, with conditions: 6-
0.

THORNE motioned and NIXON seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #5 – Amend Site Plan – 179 John Roberts Renovation Ph I & II – 179 John
Roberts – JB Brown & Sons

J. B. Brown and Sons requests amended site plan review for an office building
renovation located at 179 John Roberts Road. The applicant is proposing a three phase
project to accommodate their tenant, SAPPI. The applicant is seeking approval for the
first two (2) phases, renovation of the exisitng 37,400 SF building and full build-out of
the parking area, a 1-story expansion of 12,000 SF, and the setting of foundation pilings
for the future Phase III, a 3-story addition. The area is Assessor’s Map 75A, Lot 11D,
located within the Light Industrial District IL and Suburban Commercial District CS.

Spokespersons for the applicant: Brian Curley, PDT Architects
                                 Lee Allen, Northeast Civil Solutions
            MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 83
                           DECEMBER 14, 2004

Public hearing: No public comment.

The Planning Board discussed the maintenance of the drainage system; the traffic study;
and impact fees.

COX motioned and THORNE seconded to approve the Amended Site Plan for J.
B. Brown and Sons, LLC at 179 John Roberts Road. Passed, with conditions: 6-
0.

LORING motioned and BABBIDGE seconded to approve the Findings of Fact.
Passed: 6-0.


Agenda Item #6 – Zone Text Change – PO Zone Text Amendment to include Retail Sales
– Country Club Road – Saboak Development, LLC and Landcourt, LLC

Saboak Development, LLC and Landcourt, LLC request a zoning text amendment to the
South Portland Zoning Ordinance in order to amend Article XVI-A Professional Office
District PO to allow golf and ski related retail trade associated with golf courses and golf
driving ranges. The area is Assessor’s Map 73, Lot 7B &12, located within the
Professional Office District PO.

Spokesperson for the applicant:      Tom Keane, Taylor & Keane

Public hearing: No public comment.

The Planning Board discussed the application of this request to other areas in the PO
Zone; the use "golf driving range"; and the reasons for allowing retail sales.

BABBIDGE motioned and LORING seconded to recommend to the City Council
approval of the request for a zoning text amendment to Article XVI-A
Professional Office District PO, Ord. Sec. 27-137(e) Special Exception Uses,
based on the determination that the text change is consistent to the South
Portland Comprehensive Plan. Passed: 6-0.


Agenda Item #7 – Election of Planning Board Chair – 2005

BABBIDGE motioned and CARPENTER seconded to nominate Kay Loring for
2005 Planning Board Chair. Passed: 6-0.


Agenda Item #8 – Public Comment on Items Not on the Agenda
           MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 84
                          DECEMBER 14, 2004

No comment.


Agenda Item #9 – Comments From the Planning Board and Planning Director

The Board and Director commented on traffic impact fees.


Agenda Item #10 – Adjournment


LORING motioned and BABBIDGE seconded to adjourn. Passed: 6-0.

The meeting adjourned at 9:35 P.M.




Susan Cummings              APPROVED 1/11/05
Planning Board Secretary
December 14, 2004
MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 85
               DECEMBER 14, 2004
MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 86
               DECEMBER 14, 2004
MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 87
               DECEMBER 14, 2004
MINUTES OF THE PLANNING BOARD VOL. 33, PAGE 88
               DECEMBER 14, 2004

				
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