Gorham group asks court to overturn town’s approval of Amazon facility
A sign on the site of proposed Amazon warehouse in Gorham during a rally against the construction on Aug. 8. The event included information, sign painting, speakers and a nature walk. (Brianna Soukup/Staff Photographer)
A group of Gorham residents is asking Cumberland County Superior Court to overturn the planning board’s approval of Amazon’s proposed 146,280-square-foot distribution center.
The appeal, filed by citizens group Gorham United, alleges that the planning board failed to apply some of Gorham’s land use ordinances in its Sept. 14 approval of Amazon’s project. The group argued the megaretailer’s application did not present full evidence the project would comply with town standards governing traffic, public safety, wetlands and stormwater.
The appeal contends that the board approved Amazon’s project without a sufficient plan to mitigate significant traffic and wetland impacts, and that the project will “affect Gorham United members’ property, neighborhood conditions, traffic safety, environmental resources, public infrastructure, and interests.”
The warehouse is projected to see over 3,000 daily truck, van and car trips and impact 34,918 square feet of freshwater wetlands on 94 acres.
“Amazon should not be held to a different standard,” said Josh Trombley, a leader of Gorham United. “Our town should hold every applicant to the standards established to protect Gorham residents and the community.”
The group is asking the court to overturn the planning board’s approval, calling it “arbitrary, capricious, unreasonable, and ultra vires (‘beyond the powers’ in Latin),” and mandate further review. The same residents are circulating a petition for a moratorium that would temporarily block Amazon’s plans at the local level by banning industrial developments that generate over 1,500 daily vehicle trips.
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Community Development Director Tom Poirier said that the town stands behind the planning board’s decision on Amazon’s application, and that it thoroughly addressed the topics outlined in the appeal, took public input into account and required revisions to Amazon’s proposal.
“(The planning board’s) review included technical submissions, town staff and consultant comments, and extensive public input, including concerns raised by neighbors and Gorham United,” Poirier said. “The revised plans and information required careful consideration of detailed technical information alongside the concerns of the community.”
The town review process of Amazon’s plans lasted six months, spanning a sketch plan meeting, two public hearings, a workshop and a final review. Residents’ testimony has largely opposed the project, citing concerns about impacts on traffic, the environment, local businesses and overall quality of life in town.
According to the town attorney, the board must review site plans for general consistency with the town’s comprehensive plan and ordinances and approve the plans if they appear to meet standards.
The proposed warehouse is still awaiting approvals from the Department of Environmental Protection, the Department of Transportation and the U.S. Army Corps of Engineers, which are expected to make decisions and issue Amazon permits in coming months.
The DEP is assessing the project’s wetland impacts, and the DOT is reviewing Amazon’s traffic impact study and said it will work with town officials in Gorham and Westbrook to identify road improvements needed to address “unreasonable congestion” or “unsafe conditions” it could create.
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Gorham United’s appeal claims that the planning board should not have relied on future permits and studies and post-approval reviews to prove compliance with town ordinances.
Amazon revised its initial plans based on planning board and resident feedback throughout the review. Developers proposed shorter lighting poles and higher fencing, and reduced the number of van parking spaces to make room for an earthen berm on the western side of the development, pulling it back from homes on Shamrock Drive.
The company also proposed widening Main Street in front of the site to add a two-way turning lane and introducing signaling improvements to the intersection of Mosher Road (Route 237) and Main Street.
Members of Gorham United, some of whom live on Shamrock Drive, say those changes aren’t enough.
“An industrial-sized trucking facility does not belong in the middle of a town village,” Trombley said.
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Tagged: amazon, cumberland county court, Planning Board
Madeleine is a community reporter for Gorham, Buxton and Standish. She started her journalism career in Vermont, where she reported for Seven Days and served as the editor-in-chief of Middlebury College's. More by Madeleine Kaptein
