2006-07-06 Planning Board Meeting Minutes



July 6, 2006    

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

Members Absent:  Tourtelotte

Item 1:  Call to Order

             Meeting called to order at 6:00 pm

Item 2:    Ordinance Review

Mark Eyerman of Planning Decisions and the Planning Board decide on meeting dates for the rest of the calendar year.  Meetings will be held on the second Thursday of each month beginning in August of 2006.  Mr. Eyerman would like to have copies of all ordinances referenced in the Comprehensive Plan sent to him. 

Item 3:  Close Planning Board Meeting

             Whitney motions to close Planning Board meeting

             Baum seconds

             Vote 5-0 in favor

             Planning Board meeting closed at 7:00 pm

Item 4:  Public Hearing

             David and Arden Brink

             Application for Minor Subdivision on River Road

Doug Johnson will be representing for the Brinks. 

The proposed subdivision is 5 lots, one being the house that is on the property currently and four lots to be sold for new construction.  The road will be 1000 feet long and 18 feet wide.  Building setbacks on lots two and three have been changed to 50 feet. 

The Fire Chief had requested sprinkler systems for the new houses, however after looking into it further he has decided that a fire pond would be a better option.  The proposed pond would be eight feet deep and 10,000 gallons in volume. 

Angela Kimberk of 999 River Road is concerned about the water draining onto her property across River Road.  She states that there are already issues with the road being washed out and that her property is very low and she worries about additional water being damaging to her property.  She would also like to know if the property was offered in its entirety at any point before the decision to subdivide.

Doug Johnson explains that most of the project will drain back toward the railroad tracks.  He also explains that the fire pond can be built as a retention pond as well to ensure that there will not be any additional drainage to the road. 

Mrs. Brink states that they would not object to someone purchasing the property as a whole.

Carmel Rubin would like to know if the property was offered publicly and she asks if one lot has been sold already.

Mrs. Brink states that one lot is currently under contract.

Peg Parsons, who is a neighbor of the Eagle Wing subdivision, is concerned for the people across the street in regard to water drainage as she has had a problem with this since the subdivision has been built near her property.

Carmel Rubin would like to show the Planning Board a topographical map that shows the area of the proposed subdivision being the highest land in the area and that the water will drain to Angela Kimberk and Bert Singer’s property. 

Peg Parsons asks if there has been a study of the impact that this will have on the Abbagadassett River.

Doug Johnson would like to remind everyone that most of the proposed subdivision will drain toward the railroad tracks. 

Carmel Rubin states that the Kennebec and Abbagadassett Rivers are protected shorebird areas.

Doug Johnson believes that the proposed subdivision has been designed to respect the harmony of the area as well as minimize the impact on the land.

Carmel Rubin is concerned that this proposed subdivision abuts another 5-lot subdivision.  She would also like to know if the lots are to be sold with the understanding that modular homes will be built on them. 

Mrs. Brink states that the lot that is under contract, lot four, was sold to Hallmark Homes.

Mr. Brink would also like to add that the homes will not be low-end homes.

Laurie Christman would like to know if lots two and three will have a 25- or 50-foot setback. 

Doug Johnson explains that the lots will have a 50-foot setback for building from the Hunter Lane lot lines.

Charles Christman asks if the lots will be able to be further subdivided in the future.

Doug Johnson explains that there will be deed covenant stating that the lots cannot be subdivided in the future. 

Carmel Rubin asks who actually owns the land currently.  

Mrs. Brink states that her parents, the Coopers, own the land and have written the Planning Board a letter giving the Brinks permission to act on their behalf. 

Carmel Rubin would like to know if the letter was notarized.

Mrs. Brink replies that the letter was not notarized. 

Chair Whitney states that the board could add a condition that the letter be notarized before the final vote.

Angela Kimberk would like to have an independent study done on the water drainage issue. 

Carmel Rubin also thinks having another study done would be beneficial.

Carmel Rubin would like to inform the Planning Board that the Russell’s, also abutters, have been out of the country and have not been able to receive notification of the Public Hearing or this subdivision. 

Doug Johnson states the there were other meetings that have been publicly noticed.

Public Hearing closed at 8:00 pm

Item 5:  Open Planning Board Meeting

Item 6:  A.  David and Arden Brink

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

             Application to create a five-lot subdivision

McGee states that although the Planning Board is not empowered to consider cumulative impact she feels as though they should as it is a detriment to the community no to consider such.  She also explains that the Planning Board has the right to ask for additional studies to be completed.

The Code Enforcement Officer explains that the proposed fire pond could also be used to mitigate runoff water by the use of erosion control devices such as a level lip spreader.

Baum states that she would like to see as little direct run off as possible.

Evans asks should there be a condition established that the pond be designated as a retention pond as well as a fire pond, on the permit?

Doug Johnson states that the pond should not be any steeper on the sides than a 3 to 1 slope.  The pond will be built according to DEP Best Management Practices for a retention pond and approved by the Code Enforcement Officer and Fire Chief as well as meet the Town of Bowdoinham’s Subdivision standards.

The Code Enforcement Officer would like to see the storm water infiltrate back into the ground utilizing a level lip spreader.  The pond will be designed by an engineer. 

The Code Enforcement Officer states that their is no pond on the initial plan, and explains that for a reference point a 100 year flood designated by FEMA is FEMA’s guide for building a pond to standard for flooding, which also equals a 25 year storm event in terms of water flows. 

McGee would like to see the plan for the pond from the engineer so that the pond design is in the record before the vote.

The board would like to know if there is legal language about notification. 

Doug Johnson suggests that the pond be built so that there is a zero net gain for the properties that could be affected across the road.  The board would like to have the town hire an independent engineer to review the pond design once it is submitted.  This will be paid for from the applicants fees already paid to the town. 

The Brinks would like to have the Planning Board vote on the application and make the pond a condition for approval.  The Planning Board agrees that they would like to see the pond design before any vote is taken. The Code Enforcement Officer will work with the Town Manager to hire an engineer to look over the pond design when it is submitted.  The Brinks will then be put on the next agenda for the Planning Board. 

The road will be inspected and approved by the Road Commissioner before any building permits are issued. 

The Planning Board would like to see a copy of MDOT road entrance permit and a waiver of pavement for the road when the Brinks return to the board.  A copy of the notarized letter from the Coopers is also asked for by the Board.

The waiver of pavement will also need to be included on the final plan as a note. 

The Code Enforcement Officer would like to have the word ‘notes’ changed to ‘conditions of approval’ on the mylar for items that are specifically enforced by the Code Enforcement Officer.  That includes number 6, 7, 8, 9, 15, 16, 18, 19, 20, 21, and 23. 

Item 7:  Adjourn Meeting

             Whitney motions to adjourn the meeting

             McGee seconds

             Vote 5-0 in favor

             Meeting adjourned at 10:00 pm.