2006-05-25 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

May 25, 2006 

Item 1:              Call to Order 7:00 pm

                        Paul Beltramini a voting member as Ellen Baum is not in attendance

Item 2:              Consideration of 4/27/06 Meeting Minutes

                        Changes were made to the minutes

                        Whitney motions to approve minutes with changes

                        McGee seconds

                        Minutes vote 5-0

Item 3:              Old Business

                             A.  David and Arden Brink

                                    1014 River Road / Tax Map R-11 Lot 14A

                                    Application to create a five lot subdivision

Represented by Doug Johnson

A five lot subdivision is proposed with a new private road that will be 1000 feet long.  Fox Lane is the proposed name of road.  Every lot has over one acre of upland, the design has been modified so that wetlands will be avoided from development.  Johnson presents the board with all items previously asked for, contained in the packet given to the board.  CEO has spoken with the Fire Chief who has asked that the houses all contain a sprinkler system.  Each lot will have a private septic system.  One test pit has passed for each lot. Each lot will have a private well.  The soils survey is on the plan.  The plan calls for each new house to be in a wooded area with only the structure in the field being a detached barn.  Each lot has a fairly specific area in which to build.  Culverts are identified and the Code Enforcement Officer states that this is not in a significant wildlife bird habitat area. The deer wintering areas will be identified by the Code Enforcement Officer for the next meeting.  The land is predominantly flat, with minimal impact from storm water runoff.  

The road will be constructed in a fairly timely manner.  It is suggested that a condition be placed on the road that until it is finished no building permits will be given for houses. The Brink’s also do not want to pave the road, the Planning Board is not opposed to such a request and would like to be presented with a waiver to consider at the next meeting. 

For the next meeting the Code Enforcement Officer will provide a map from IF & W regarding the deer wintering area and a letter from the Fire Chief about the proposed turnaround and fire pond or sprinklers in the houses. 

Whitney moves to accept the application as complete with the understanding that the two outstanding documents and the waiver for gravel road will be provided at the next meeting. 

Tourtelotte seconds

Vote 5-0

A site walk is scheduled for Wednesday May 31, 2006 at 5:30 p.m.

A public hearing is scheduled for the next regular Planning Board meeting

on June 22, 2006 at 7:00 p.m.

                                     B.  James Read                                

                                     23 Fisher Road P.O. Box 95/ Tax Map U-6 Lot 7B

                                     Application for Site Plan Review:

                                     NewCommercial Use: Mechanical Repair Garage & Auto Sales

Mr. Belanger, Mr. Read’s grandson, would like to consider going through the appeals board instead of the Planning Board for this matter.  Both options are discussed and it is determined that the applicant should meet with the Code Enforcement Officer to make the decision.  A complete application has not been submitted to the Planning Board to date.  It is explained that a public hearing may be required.           

                                     C. Douglas Tourtelotte

                                     369 Millay Road/ Tax Map R3 Lot 63 contiguous with Map R2 Lot 53B

Application for a Conditional Use permit to create a gravel extraction pit, 2 acres or less in size.

Doug Tourtelotte will not be a voting member on this item and Kay Evans will be appointed to vote on this item. 

It is determined that this will need to be changed to a Site Plan Review instead of a Conditional Use Permit.  Mr. Tourtelotte will meet with the Code Enforcement Officer to put an application together for Site Plan Review and present it at the next meeting.  A Timber Harvesting Permit will also be needed

Peter Galle, a neighbor of Mr. Tourtelotte, has some questions/concerns about the project.  He would like to know how many cubic yards to be extracted?  Mr. Tourtelotte states that the estimated extraction will be 50,000-70,000 cubic yards.  Mr. Galle is also concerned about the road being able to handle the extra traffic. Noise is also a concern.  

                                    D. Jim McPherson

19 Bay Road, Tax Map U2 Lot 12

Temporary Dock application.

At the last meeting the Planning Board requested more documentation and Mr. McPherson has provided it. 

Whitney states that he has had some phone calls about this application and would like to schedule a public hearing for this matter.  Mr. McPherson states that he believes that this is abnormal for this type of application.

Oakes has concerns about boats, specifically getting boats under the bridge when the tide is high.  She also has concerns about parking and waste disposal. 

Mr. McPherson states that he is very aware of the high tide and will dock his boat on the other side of the bridge should he not be able to get to the private dock.  He also allows that he will use his parking lot at 4 Bay Road (across the street) and also the portable toilet at that location. 

Oakes wants to know if swimming lessons will be given in the area of the yellow building that is owned by the town across the river, from Mr. McPherson’s lot. Lessons have been offered there in the past.

Kathy Durgin-Leighton, the Town Manager, states that there are not any plans to offer swimming lessons at this time.     

The Waterfront Plan allows for swimming behind the Public Works garage and is also a designated place for kayaks and canoes to be put into the water. 

McGee is concerned with the history of the applicant.  She would like to have the history considered when voting on this permit. 

Whitney’s opinion is that a permit can not be denied because of the history with the applicant.  Only the application before the board should be considered.  If other concerns exist with other properties of the applicant then the Code Enforcement Officer should be notified.  Restrictions and conditions can be added to the permit to ensure that this permit does not develop into another use. 

McGee would like conditions to be very clearly stated in the permit if one is granted. 

Oakes would like to know how the dock will be secured.  Mr. McPherson states that he will use pins and that some of them will need to be replaced because they have moved over the years due to ice. 

Ed Friedman, a citizen, is also concerned with the history of the applicant. 

Evans would like to explore the legal basis of past history.  Whitney will contact Roger Therriault, the Town’s Attorney, to request a letter on this matter and to clarify this in general, not specifically in regard to this application. 

Whitney motions to find the application complete:

Seconded by Tourtelotte

Vote:  3-2 in favor

Public hearing is set for the next meeting on June 22, 2006 at 7:00 p.m. 

E.    Paul Gardner

                                    5 Hunter Lane / Tax Map R11 Lot 7A

                                    Subdivision Amendment Review

Mr. Gardner would like to carve out a house lot from his current lot and sell it.  He needs to get Planning Board approval as his lot is in a subdivision.  He was asked, previously, to obtain approval from other subdivision landowners, has obtained three of the four landowners permission.  One lot owner will not give approval.  Mr. Gardner is asking the board to not require permission from the other landowners.  Mr. Gardner believes that it is not the Planning Boards place to enforce the covenants of the subdivision.  He also believes that nothing in the covenants preclude splitting the lots and the other owners do not need to sign off on the split. The covenants were not part of the original subdivision plan they were adopted at a later date.  The subdivision was originally a 3 lot subdivision and then the developer split the other two lots.  Mr. Gardner states that the new proposed lot would be subject to the same covenants that are in place now.

Whitney proposes that Roger Therriault, the Town’s attorney, be contacted again on this matter and give the Planning Board advice as to if they can use the covenants to determine a vote on this matter. Roger will be asked to send a letter the board. 

A full application has been presented to the board previously, with the exception of a full survey. 

Item 4: Other Business

All of the New Business that was scheduled to be heard at this meeting has been rescheduled for June 8, 2006 at 7:00 p.m.  All the applicants were notified prior to this meeting.

The agenda process will be changed and handled by the Planning Board Secretary and the Chair.

Whitney gives an update on the Ordinance Revision Project.  He and Kay Evans are working with Mark Eyerman, of Planning Decisions, on a contract to be presented to the Selectboard at the June 7, 2006 meeting.

Item 5:              Motion to adjourn

Meeting adjourned at 9:30 p.m.