2006-04-27 Planning Board Meeting Minutes



April 27, 2006 

Item 1:              Call to Order

Members present: Whitney, McGee, Baum, Oaks, Tourtelotte, Evans, and Beltramini

Chair Whit states that from lack of members present at the last regular meetings; Beltramini will be a voting member for the acceptance of minutes.

Item 2:              Consideration of the February 23, 2006 Meeting Minutes

Baum makes motion to approve, McGee second, all in favor

                        Consideration of the March 23, 2006 Meeting Minutes

One change in item B seventh line change to: to get WHAT IS required.

Chair motions to accept with changes, Baum seconds, all in favor

                        Consideration of April 3 / April 10 / April 24, 2006 Special Meeting Minutes

Chair motions to accept, Oaks seconds, all in favor

Item 3:             Open Public Hearing: Town of Bowdoinham, recreation department skateboard / BMX bike park proposal located at 2 River Road.

11 people from public present for public hearing

Chair Whitney asks Kathy Durgin-Leighton to tell the public about the proposal

Kathy states that the CEO has been more involved in the project and requests CEO to answer.

CEO explained all measurements from the Cathance River and Bay road have been verified correct and are in compliance with all Ordinance rules and state laws. CEO explains the revised parking lot plan with crosswalk, including the public works access road gate.  CEO explains that roughly 13 feet of area around the perimeter of the slab will be used for plantings.

Kathy Durgin–Leighton, explained that the plantings will consist of the neighbor’s and the townspeople’s recommendations.  Hoping to have a lot of community input on what is planted.

Calvin Temple asks a question on the Town Ordinance concerning noise at night and lighting.

Chair Whitney says no lighting and the rules shall be posted with one rule being, no skateboarding at night.

Kathy Durgin–Leighton states, yes all rules will be posted, no nighttime use and recommends to all public present to call the sheriff department to have the rules enforced that are posted.

Kim Benjamin, states that the crosswalk is a good idea, and also recommends a lower speed limit, and to put up pedestrian crossing signs.

Miss Story, states that if the park is not lit up at night the town will have looting in the park, and if it is lit up no one will misbehave.

Baum, states that she is adamant about not lighting up the park because of the area residence’ night time peace and quiet in the dark.

Kathy, states that the plantings will make the park visible from Bay road but it will not be visible from residents houses.

Kim Benjamin, states that bad behaving kids will hang out and who will kick them out or watch over it?

Kathy answers, one rule will be “no swearing” and it will be posted on the signs, She requests for community action and enforcement, (parents / grown - ups) 

Kids will be taken out and will not have the privilege to use the park if they break the rules. 

Kim Benjamin, states that it will be a problem late at night and she also wants a crosswalk put in.

Item 4:              Adjourn Public hearing

Chair Whit, closes the public hearing at 7:30 and moves the agenda item c to item a, a to c.

Item 5:       Old Business

            C. (A) Town of Bowdoinham, Recreation Department

                                    2 River Road

                                    Map U1 Lot 1

Chair reviews new map.  4 new parking spots have been created, a gate across the entrance to Public Works and a crosswalk on River Road to access parking at the town landing.   He then reviews the letter to abutters.

Calvin Temple asks if there is enough parking for people that go walking at that park?

General response is yes, and the crosswalk would help the parking.

Chair Whitney asks if certified letters were mailed?

CEO states, No they were not sent certified mail

Chair Whitney asks who got letters, 3 people raise there hand.

Chair Whitney states some recommended conditions.  1. Work with Maine DOT for the crosswalk that will go from Maliey Park to the new skate/ Bike Park and the pedestrian signing to be put up on the Bay road.

McGee asks if parking will be paved?

Kathy states, no not paved.

Chair Whitney asks if there are any more concerns?

General response, No.

Chair Whitney moves to accept the skate / bike park with 2 conditions

1. Work with Maine DOT for the crosswalk that will go from Maliey Park to the new skate/ Bike Park and the pedestrian signing to be put up on the Bay road.

2. Signs posted with the Park Rules on them.

Oaks seconds,

All in favor

B. Clinton Smith

                                     54 Brown’s Point Road

                                     Map R7 lot 1D

                                     Application for approval to place over 100 cubic yards of fill on his property.

Chair Whitney opens item B. by asking the CEO to explain the DEP and Public Works comments.

CEO explained that Public Works requested to keep the private “Smith “ culvert a minimum of 15 feet from the town culvert inlet and all fill must stay a minimum of 8 feet away from the town culvert inlet and requests that a silt fence be placed around the town culvert inlet no closer than eight feet to the inlet.

CEO explained the DEP sight visit and letter, 4300 square feet of wetland alteration is exempt under the NRPA rules, and DEP does recommend that a wetland delineation be done prior to work commencing.

Clint Smith states that he will have Natural Recourses Conservation Services delineate the wetland before any work starts.

Chair Whitney asks about the shape.  Will the property still be steep?

Clint Smith answers, He will keep dirt away from the town culvert so yes the edge of the road will still be steep.  He then states that the town may raise the culvert in the future which would allow him to fill more and be less steep.

Chair Whitney notes that the DEP letter says 4300 square feet is the maximum that is exempt.

CEO looks at Mr. Smith’s option #2 plan and calculates that 5000 square feet is depicted on the finished sheet.

Clint Smith states, I will delineate the wetland before I start and will stay under 4300square feet.

Baum asks what kind of fill?

Clint replies, Town ditching debris and wood.

Chair Whitney asks who is doing the wetland delineation.

Clint Smith replies NRCS.

Chair Whitney states that the board will not grant permission if you are going to get in trouble.

Clint Smith replies, I will get it delimitated pending if I get the Planning Board approval.

Oaks states that the board could put a condition on the approval.

Chair Whitney asks, what is the DEP rule?

CEO explains that everyone must comply with the DEP NRPA rules or you are in violation.  4300 square feet is exempt, so any disturbance over 4300 square feet will be in violation.

Chair Whitney makes a condition that the wetland must be delineated before Mr. Smith can start work and that the CEO will enforce.

McGee states that she is concerned about only clean fill being dumped.

Clint Smith replies, I am concerned about it and will not allow anything but clean fill on my property.

Baum asks what is the statute that rules this in regards to the definition of clean fill.

Doug states DEP enforce clean fill

Baum is concerned

Wife states it will be gardens, lawn nice areas.

Tourtelotteasks how many cubic yards?

Clint Smith states upwards of 5000 yards.

Chair Whitney states another condition, all fill must be DEP defined clean fill. 

Chair Whitney asks any other issues?

Clint Smith states that certified letters were mailed and signed for.

Chair move to accept Mr. Smith fill project with following conditions:

Chair States the Conditions

1. Meets public works recommendation

2. Certified wetland scientist, from NRCS to delineate wetland size and the fill size, and drive stakes

3.  CEO does baseline off NRCS maps, for accuracy.

4. Obtain a NRPA permit before exceeding 4300 sq ft.

5. All fill must be clean fill as defined by DEP

Oaks seconds

All favor

                                     A. (B) James Read                           

                                     23 Fisher Road P.O. Box 95

                                     Bowdoinham Maine 04008

                                     Residential & Agricultural Zoning

                                     Application for Site Plan Review:Map U-6 Lot 7B

                                     NewCommercial Use: Mechanical Repair Garage & Auto Sales

No one present for Mr. Read

Chair Whitney asks about any more paperwork being handed in?

CEO replied, no, I mailed him two letters to him to notify him to have the paperwork in before next meeting.

Chair Whitney states, Move on to next item                                              

Item 6:   New Business             

                                     A.  Douglas Tourtelotte

                                     369 Millay Road

                                     Map R3 Lot 63 contiguous with Map R2 Lot 53B

                                     Pre-application meeting for a

                                     Conditional Use application to create a gravel extraction pit, 2 acres in size.

Tourtelotte wants to know what the board wants for an application, he explained that

Mark Stebins of the Maine DEP has walked the property, it is less than 2 acres and needs no DEP permit.

Looking to get a temporary permit to be vegetated after it is dug out

Board requests a map of the property showing the pit size.

Tourtelotte explains his current map and shows individually to members.

Chair Whitney states that Section 1-110 uses Table item #26 Filling or earth moving over 100 cubic yards requires a Planning Board permit.  Also because the area is covered with trees and clearing of the trees will need to be done the Planning Board under section 1-111 N Timber Harvest can review for an increase over 40% in 10years.

Chair Whitney asks will you revegetate the land.

Tourtelotte says, Yes I will grass over all pit areas.  A dirt road to access sight exists already but must be improved.

Chair Whitney asks what does the board want Tourtelotte to bring for the next meeting?

1. A better map drawn to scale to show size of pit, and the Planning Board application paper sheet.

2. An area drawn that shows the size of the clear cutting

Baum asks about the age of the timbers?

Tourtelotte replies, mixed ages consisting of mostly hemlock

Chair Whitney states that it must also be reviewed under Subsection 6 of the Land Use ordinance.

Chair Whitney reads the subsection:

Not unsafe

Must comply with erosion control

No water pollution

No damage to fish spawning beds, need deer yard map areas CEO will get

Rest of the list Chair is happy with and determines that this can be reviewed with these questions.  McGee requests delineated base line acreage

Tourtelotte confirms a better map will be provided, along with any questions answered.

                                     B.  Harry Story for David Hagen

                                     15 Back Hill Road Map U1 Lot 94

                                     Application to expand a non-conforming use. Single family home, to a 2 family.

                                     Land Use Ordinance section 1-108.B.  Lot size is 10,000 square feet roughly.

Chair Whitney opens item B. by asking Mr. Story to explain the application

Story explains he would like to convert master bedroom which is over a separate part of main house into an efficiency apartment.

Main house will essentially be the way it was before master bedroom was added.

Exterior stairs need to be installed, that is all for exterior additions.  He goes on to say that he would do it to help with the mortgage payments, and that he may put it back on market, the two units will help it sell.

He then summarizes the request into, “Can I turn the huge master sweet into efficiency apartment”

Oaks asks, will you add one bathroom?

Story answers yes.

Oaks asks is it a 3 bedroom house? You want to turn it into a two unit with three bedrooms?

Story answers; yes it will remain a three bedroom still, but will be a two family house.

Oakes asks is the plumbing system able to hold the extra water usage?

Tourtelotte states that the septic system was installed by him and knows the system failed.

Story withdraws his application and leaves in a rush.

Item 7:              Other Business

Jim McPherson U2 L12 19 Bay rd, Temp. Dock application

CEO explains an error was made when reviewing the application of Mr. McPherson’s.  The Shoreland allows the CEO to permit temporary docks, DEP allows CEO to permit temporary docks, however the Land Use ordinances requires Planning Board approval also.  CEO goes on to say that he talked with the Town attorney and the attorney agreed with the permit being issued by the CEO as stated in the Shoreland Zoning Ordinance, however that was prior to discovering the Land Use Ordinance requires Planning Board approval.

Baum asks about the use being personal?

McPherson explains he has a party barge, and his daughter has her boat.

Oaks asks about parking?

McPherson explains he can park on other side of the road on his land and on the grassy areas of this property.

McGee states she would like McPherson taken off the agenda and put on next month’s agenda.

McGee states, there are issues with the marina. She feels uncomfortable because the application was not in 10 days before the meeting date.

Chair Whitney states that he will not allow the marina history to be brought up for review on this new piece of property owned by the same person.

Chair Whitney states the additional information that is needed for the board.

1. Parcel map or USGS map, and a Town tax map.

2. Site map with the river width and a better view of bridge

3. Condition may be that it is clearly for personal use, no rentals, no boats used for commercial operation,

Tourtelotte anchored?

McPherson, answers yes cables crossed attached to the existing structure and one stake in the earth.

Chair Whitney asks if the dock will be lighted.

McPherson replies, I have power to the site already can I use it for a light?

Chair Whitney states that if lights are used, they must be shielded towards the ground.

Chair Whitney reviews section 1-111 G,

Chair Whitney asks how long is the boat tied to the dock?

McPherson answers, 29 foot long barge, will hang over both ends.

McPherson explains that next month a clearer picture will be in.

Betty Pelletier is present; she has a question about her land, and the creation of a subdivision.

The Board asks her to explain,

She has sold one parcel Two years ago, she now wants to sell her house and build a new house.

Board reviews the definition of subdivision.

Chair Whitney explains that she must have her surveyor draw a plan for her depicting all divisions of land in the last five years including any proposed divisions.  A soils test will be needed for any proposed lots, already built lots only need the Septic permit shown.  He asks Mrs. Pelletier to meet with the CEO to go over the subdivision application.

Mr. & Mrs. Chistman came into the room.

CEO asks them about what brought them in tonight?

Mr. Chrisman explains that he wanted to know if Mr. Gardiner was on the agenda tonight in regards to the Hunter Lane subdivision.

CEO explains no Mr. Gardiner was not on the agenda.

Mr. Christman asks, at what stage in the process Mr. Gardiner is.

Chair Whitney explains that Mr. Gardiner has not submitted a complete application.

Mr. Christman  thanks the board for the information.

Item 8:              Motion to adjourn     

Chair Whitney motion to adjourn at 9:46 PM

Tourtelotte seconds

All in favor