6 Church Street, Gardiner, Maine 04345 Debby L. Willis, Chairperson
Dorothy Morang, Recording Secretary
CITY OF GARDINER
PLANNING BOARD
Gardiner Planning Board May 14, 2013
City of Gardiner, Maine Regular Meeting 6:00 PM
ROLL CALL
Present: Debby Willis, Chair Pamela Mitchel James Montell Judith Dorsey Ronald Condon Edward Lawrence
Absent: Nate McKenna
Also Present: David Cichowski, Code Enforcement Officer (CEO)
Dorothy Morang, Planning Board Recording Secretary
Huseyin Sevincgil, P.E., Representing Applicant, Cumberland Farms, Inc.
1.) Call the Meeting to order.
Chair Willis called the meeting to order.
2.) Roll call taken.
3.) Meeting Minutes March 12, 2013
Pam Mitchel moved to accept the minutes as written. Judy Dorsey seconded the motion.
Vote: 6 in favor. 0 opposed. Motion passed.
4.) Public Hearing – Plan Board Review
Cumberland Farms, Inc., Applicant is seeking approval to expand retail space into previously occupied space in existing building for a total retail use of 4,420 SF; make gas-related modifications; reface signs and other miscellaneous improvements to an existing convenience store. The property, located at 48 Bridge St, City Tax Map 037, Lot 055 is in the Central Business (CB) Zoning District.
Chair Willis asked the applicant to introduce himself and give an overview of the project. Huseyin Sevincgil said that he is a civil engineer working with Cumberland Farms, Inc. to do the site design. They are expanding the internal area into the area of the building previously occupied by U.S. Cellular. Other modifications include relocating the entry door, removing the existing canopy and gas tanks, installing 2 new tanks, a new canopy, 3 gas dispensers – adding diesel to one of the dispensers, fencing in the dumpster, repaving the lot, re-doing the concrete sidewalk, adding handicap parking to meet standards and decreasing the overall signage from 72 SF to 26 SF. David noted that the canopy is much smaller also.
Judy said they can’t put up a new internally lit sign. Ron asked if the sign stays the same and has just new lettering – is it ok? Judy said no. David said they are reducing the square footage of the sign and making it look better. He said that they are only changing the wording and he has let people repair and re-do signs many times in the past. The members discussed the ordinance and its intent relative to signs.
Judy said it was clear – black and white and she didn’t feel they had the right to do otherwise. She said that it was obvious others had a different opinion and she was through – she had health issues and was resigning. She left the meeting at 6:26 PM.
Ed referred to Section 10.24.3.3.3 and felt the entire plan furthers the spirit and intent of the Ordinance and gives the Planning Board the leeway to allow this. Ron said that it’s all interpretation – he agrees with Judy – if the applicant can’t change the sign and thinks we’re wrong, he can appeal. He said that he feels there should be more flexibility in the Ordinance and likes what they are trying to do. Pam referred to Section 10.24.3.3.1 and 2. She said it doesn’t make any sense.
Huseyin said that the sign will have an opaque background with only the letters lit and will eliminate the light glare. Ron asked about the new sign in the old AG complex. David said that zone is PIC. Huseyin said there will be no signage on the canopy and the canopy will be smaller.
Ron brought up the new position of the pumps. Huseyin said that the traffic pattern will be better. Ron questioned whether there will be enough room for cars to back up. Pam said there is 28 feet and should be fine. Pam asked about the number of parking spaces. There are 10 at the building and 6 at the pumps.
Public Hearing – there was no one from the public in attendance. Chair Willis asked if the CEO Office or staff had received any comments. Dorothy said that a neighbor had come in to look at the plan, and had no problem with it.
Chair Willis asked if the members felt that they could hear this Application in a fair and unbiased manner. All were ok with that.
Board members reviewed Section 6 of the Land Use Ordinance (Review Criteria). Chair Willis read the Applicant’s responses to the criteria.
Board members reviewed Section 8 of the Land Use Ordinance (General Performance Standards 7, 8, 9 & 11.
Exterior Lighting – the applicant said there will be soffit lights on the building and the canopy will have lights shining down on the pump area.
Noise – the applicant doesn’t expect there to be any additional noise.
Exterior Material Storage – the applicant said that the dumpster will be closed in with a chain link fence w/privacy slats.
Buffer and Screening – a review of the existing areas showed that the buffering and screening met the standards.
Board members reviewed Section 10.24 of the Land Use Ordinance. Members continued to discuss various sections to try to determine whether the Application, relative to signs, met the standards. They decided that they would like a legal interpretation from the City’s attorney.
Pam Mitchel made a motion (Section 6.2.1) that the Application is complete. Ron Condon seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Pam Mitchel made a motion (Section 6.2.2) that the Application does not conform to the sign standards because of the internal illumination.
Ron Condon made a motion to table the Application.
David suggested that because of the amount of construction that the Applicant has to do, that they approve the application, but not allow any signage until a ruling is made on it.
David mentioned that we send out the packets well in advance of the meetings so that if there is a question, members can contact him and he can get an answer or ruling before the meetings. Chair Willis agreed. She said that the members cannot talk about an open application among themselves, but they can speak with City Staff about things.
Ron said that the Planning Board members have no means of talking about common sense issues – the Ordinance is an all or nothing – we have no discretion. It ties us up. Chair Willis said she hopes that the new ordinance will have some gray in it – not just black and white.
Pam said that she likes the Applicant’s new sign proposal and the overall reduction in signage.
Pam Mitchel made a motion to withdraw her motion.
Pam Mitchel made a motion that the Application meets all applicable standards of the ordinance except for signs, which we are tabling for the purpose of getting a legal opinion. Ed Lawrence seconded the motion.
Vote: 4 in favor. 1 opposed (Ron Condon). Motion passed.
Chair Willis thanked everyone and the Applicant and wished him the best.
OTHER
5.) ADJOURN
Pam Mitchel moved that we adjourn. Ed Lawrence seconded the motion.
Vote: 5 in favor. 0 opposed. Motion passed.
Meeting adjourned at 8:15 PM
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May 14, 2013 Draft Planning Board Minutes