2006-01-26 Planning Board Meeting Minutes



January 26, 2006  

                        Members Present:  Whitney, McGee, Baum, Oakes, Tourtelotte, Beltramini, Evans

                        Members Absent:   None

Item 1:              Call to Order

                        Meeting called to order at 7:00pm

Item 2:              Election of officers for 2006

                        Nominations for Chair, Vice Chair and Secretary

Motion to keep Whitney as Chair, McGee as Vice Chair and Tourtelotte as Secretary:  Oakes

Seconded:  Baum

Motion Passes:  5-0

Item 3:              Consideration of the September 22, 2005 Meeting Minutes

                        Motion to accept minutes: Whitney

                        Seconded:  McGee

                        Motion Passes: 5-0

Consideration of the October 27, 2005 Meeting Minutes

Additions:  The letter from Roger Therriault regarding the property on Millay Road that is not considered a subdivision will be attached to the minutes in the Planning Board Files.

Motion to accept minutes:  Whitney

Seconded:  McGee

Motion Passes:  5-0

 Item 4:              Old Business

                         Arthur Johnson

 709 Post Road

Map R3 Lot 48C

The commercial use is grandfathered; junkyard rules will have to be complied with. 

The Codes Enforcement Officer is giving the update as Mr. Johnson is not in attendance.  The Codes Enforcement Officer is unable to locate minutes from the special Planning Board Meeting that was held in May 1990 at which a commercial use permit might or might not have been issued to the prior owner of Mr. Johnson’s property.  No violations were ever issued to the previous owner of the garage.  In the absence of documentation as to a prior permit, the town attorney, Roger Therriault, advises that the town not pursue the matter as a violation.  This is not a change of use and no additions are proposed to the property or buildings. 

As to the junkyard rules, the Codes Enforcement Officer will continue to work with Mr. Johnson and inspect the property, making sure that vehicles are not left on the property beyond the time frame that was previously established with Mr. Johnson.

The Codes Enforcement Officer informed the board that the Department of Environmental Protection has inspected the site and did not find any issues. 

Item 5:              New Business

                        A.  David and Arden Brink

                        1014 River Road

Bowdoinham Tax Map R-11 Lot 14A

                        Pre – Application to create a five-lot subdivision

Currently the land is owned by Willard and Phyllis Cooper, Arden Brink’s parents.  They have submitted a letter to the Planning Board stating that David and Arden Brink have permission to act on their behalf and deal with the details of the subdivision application. 

The Brinks are being represented by Doug Johnson of Brian B. Smith Surveying.

The proposal is for a 5-lot subdivision off of the River Road totaling 18 acres.  The Brinks would keep one lot for themselves and sell the remaining 4 lots.  They intend to keep as much of the land wooded as possible and do not intend to fill in any wetlands. 

The proposed road into the subdivision is approximately 950 feet long, with a turn around at the end that will be deemed adequate by the Fire Chief.  Currently it is represented as a circle turnaround on the map but could be made into a modified T, if permitted.  All driveways will avoid wetlands and the Brinks are willing to make that a stipulation when selling the lots.  The intention is to sell the lots without houses and hopefully they will be sold to people that are going to put modular houses on the lots as the Brinks feel this would minimize construction impact.  The Brinks are also interested in having ‘no cut zones’ incorporated into the plan in order to keep a “classic” New England appearance and minimal visual impact from the road.  The lots will have drainage toward the railroad tracks and wet cellars are not expected. 

There is a possibility that Lot 5 could also have a barn and the location can be identified on the plan in one specific corner of the lot.  Restrictions can also be placed on the size of the barn, if needed. 

McGee is concerned about the amount of wetland that is in the area.  She would like to walk the site.  She would also like all restrictions (driveways, no-cut zones, barn, etc.) to be included on all future plans. 

A full application will be submitted within the next month or two. 

                        B.  Michael Mahan

                        125 River Road

                        Bowdoinham Tax Map R08 Lot 1

                        Application for a Land Use and Shoreland Zoning, Planning Board Permit.

                        Requesting to harvest timber over the town maximum 40% / 10 years.

                        Bowdoinham Land- Use Ordinance Section 1-111 subsection N.6.

Mr. Mahan purchased his property in 1976, previous to that it had been planted with Plantation Pine in the early 1960s.  Mr. Mahan has done some cutting in the past with re-growth coming along nicely.  The area in Resource Protection has never been thinned and growth is down in this area.  Mr. Mahan is proposing to thin the Resource Protection area more than the 40% allowed by the Land Use Ordinance.  Andy Schultz, a licensed Forrester, is attending the meeting tonight with Mr. Mahan.  Mr. Schultz states that the Plantation Pine is not of great quality and proposes to have a mixed forest as the goal in the future.  Currently the shoreline is hardwood and will not be cut.  Openings could be made up to half an acre within this proposal.  Most of the pine being cut would be nearer to the railroad tracks. 

An independent contractor would be hired to do the cutting with Mr. Schultz marking the trees to be taken out.  Written contracts will be signed before any cutting will take place.  This would most likely be done when the ground is frozen and is proposed for winter 2007.  Cut-to-length, in-woods processing will be utilized in order to minimize the destruction of the forest area that will not be cut. 

Whitney motions to grant the permit with the following conditions:

  1. Based on the signed forest management plan, in accordance with Bowdoinham’s Land Use Ordinance and based on the amendment so that removal does not to exceed 60% of total basal area and clear-cut openings not to exceed one-half acre.
  2. Cutting will not take place within 100 horizontal feet of the high tide mark of the river,
  3. Commitment to use the cut-to-length, in-woods processing method of removing trees, and not to use any skidders. 

Motion seconded by Oakes and passes with a vote of 5-0.

Item 6:              Other Business

Whitney updates the Planning Board on the re-writing of the town’s ordinances.  SmartGrowth Maine is considering working with the town to develop our ordinances and establish growth parameters. 

McGee would like to clarify that in the May 2002 Shoreland Zoning / Land Use Ordinance Amendment, paragraph P, marinas, that all changes in use or improvements must go through site plan review. 

Item 7:              Motion to adjourn     

Whitney motions to adjourn meeting at 9:14 pm.

Next scheduled meeting is Thursday February 23, 2006 at 7:00 pm.