2006-07-27 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

JULY 27, 2006           

Members present:  McGee, Baum, Oakes, Beltramini

Members absent:   Whitney, Evans

Note: Doug Tourtelotte has vacated his seat on the board. Paul Beltramini will be taking Doug Tourtelotte’s voting membership, leaving open a seat for an alternate member, which the Selectboard will appoint 

Item 1:              Call to Regular Planning Board Meeting to Order

                        McGee calls the meeting to order at 7:05 pm.

Item 2:              Consideration of June 22, 2006 Meeting Minutes

                        Changes are made to the minutes.

                        McGee motions to accept the minutes as amended.

                        Oakes seconds

                        Vote 4-0 in favor

                        Consideration of July 6, 2006 Meeting Minutes

                        Changes are made to the minutes.

                        McGee motions to accept the minutes as amended.

                        Oakes seconds

                        Vote 4-0 in favor

 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

 No representation for the Brinks.

John Edgerton from Wright Pierce has been hired by the town to review the pond plans when they are available from the engineer that the Brinks have hired.

                        B. 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

Mr. Tourtelotte would like an explanation from the Board about what is expected from him in order to proceed.

As the Town of Bowdoinham does not have an extraction ordinance it is determined that the Augusta Mineral Extraction Ordinance dated April 22, 2005 will be used to determine what information is needed from the applicant.  The DEP does not regulate extraction pits under 5 acres in size.

 

The Board would like to know if any blasting is proposed during the extraction process and Mr. Tourtelotte explains that he will not be blasting.  Mr. Tourtelotte states that he believes that he could have Mark Stebbins from Maine DEP come out to determine where the water table is so that he can stay 5 feet above it as mandated by the DEP. Bowdoinham does not have a noise ordinance and Mr. Tourtelotte is open to the suggestion of operating hours to minimize the disturbance of the neighbors. Mr. Tourtelotte’s initial letter presented to the Board offers hours of operation of 7 am to 4 pm, however he is open to changing them.  There is a current road going into the proposed pit area that is currently 750 feet and will need some additional gravel to make the road passable for this type of traffic.  Crushed rock will also be added to the area where the pit road and Millay Road meet.  Mr. Tourtelotte believes that he would only take out of the pit a maximum of 15 loads of gravel in one day and the majority of the traffic will be towards Route 201.  The Board would like to consult the Road Commissioner to determine how this additional traffic will impact Millay Road.  The debris from the pit will be piled up and be returned to the pit at the time of reclamation.  Mr. Tourtelotte estimates that the pit will be in operation 10 years and about 50,000 yards in a 10 year period will be extracted.  It is asked if any stockpiling will occur and Mr. Tourtelotte explains that very little will be piled, should not exceed more than 300 yards of gravel, and it will not be able to be seen from the road.  Also no rock crushing will be taking place, only screening of gravel.  Trees will need to be cut and a timber harvesting permit will need to be obtained. 

Documentation needed from the applicant as taken from the Augusta Mineral Extraction Ordinance dated April 22, 2005, Article VII section 2, A-C, E-O, and Q-T.  

Additionally the Board requires:

  • A survey
  • Pictures of the area before any work is done will be taken by the Code Enforcement Officer.
  • Hydrologist or engineer to determine water quality impact.
  • The DEP requires that the pit be 75 feet from any wetlands.
  • The Code Enforcement Officer suggests that a soils scientist be hired to do the groundwater elevation test. 
  • The pit to 300 feet from all of his property lines.

            The Code Enforcement Officer suggests that Mr. Tourtelotte include a buffer zone on the map to help determine noise reduction and that Mr. Tourtelotte hire a soils scientist to determine the water table. 

            Mr. Tourtelotte will work with the list provided at this meeting to prepare an application that will be presented to the Board at a later date.

The Board may decide to do a site walk and/or hold a public hearing in the future for this application. 

C. Paul Gardner  

                        5 Hunter Lane / Tax Map R11 Lot 7A

Subdivision Amendment Review

The covenants of the subdivision will not be used by this Board for any decision making purposes.

Mr. Gardner would like to know if there is any other documentation that he is missing from his application aside from a survey.

The Board would like to see the following documents included with application as this will change the subdivision from a minor subdivision to a major subdivision.

  • A complete survey as outlined in the Subdivision Ordinance under Major Subdivision
  • Plans to upgrade the road to be compliant with major subdivision specifications.  
  • A letter from the Fire Chief stating what would be needed for additional fire protection of a major subdivision without a fire pond including additional road requirements.
  • Significant wetlands and wildlife habitats need to be identified by the DEP.
  • Letter from Inland Fisheries and Wildlife about deer wintering area and endangered species.
  • Letter from Maine Natural Areas about the critical natural area.
  • Right, title and deed.
  • Interest in property
  • Letter from a well driller or hydrogeologist stating that there is sufficient drinking water on the parcel.
  • Storm water management plan
  • Erosion control plan
  • Waste water analysis
  • Evidence of adequate groundwater
  • Letter from the Road Commissioner
  • Notify the Superintendent of Schools and Sheriff’s Department

A request for a waiver can be presented to the board to keep the road in the same condition as it is now.  The Board does not have to accept the waiver. Currently the road is 18 feet wide and will need to be brought to a 22 foot wide specification for a major subdivision.

The Board will ask Roger Therriault the attorney for the Town about taking a subdivision from minor to major.  A memo will be requested. 

Item 4:            New Business

                        A.  Bert Singer and Angela Kimberk

                        999 River Road / Tax Map R11 Lot 12

                        Application Non-Conforming More 30% Expansion in Shoreland Zone

 The applicants would like to expand their house upward and part of the lot is in the Shoreland zone.

 The part of the structure that is outside of the 100 foot minimum setback zone has been permitted by the CEO and the applicant needs a Planning Board permit to expand the structure that is inside the 100’ foot setback zone.  They would like to expand approximately 12% of the existing cubic footage which is in the 100’ foot setback area.  The footprint will not be changed only the volume of the structure will be changed as follows:  Total Existing Cubic Footage = 18928.346  

Total Cubic Footage expansion allowable by ordinance (30%) = 5678.5038

Total Cubic Footage expansion proposed by applicant = 2591.94

Total Cubic Footage leftover for future use = 3086.5638

No bedrooms will be added and this will remain a single family home. 

The home will not be damaged or destroyed or removed by more than 50 % during these renovations.

The home will not have more than 50% of its current value; spent on the expansion.   

Baum motions to approve the 12% volume expansion

Oakes seconds

Vote 4-0 in favor

It is clarified by the Code Enforcement Officer that if the structure is expanded in the future it will only be allowed up to the remaining 18% cubic feet or 3086.5638 cubic feet. 

                        B. Kent and Eileen Leonard

                        196 Pleasant Street

                        Richmond, Me / Tax Map R12 Lot 36

                        Land Use 1-108 Non Conforming Uses, Part B

The current house is located in Richmond with the edge of the structure being on the

Richmond/ Bowdoinham Town line. The existing house is 51 feet from the center of the road.  The Leonard’s would like to add to the house and that the addition would be in Bowdoinham.  The addition would not meet the minimum 75 foot set back from the center of the road, as stated in the Bowdoinham ordinances.  There is a question as to if the Planning Board can issue such a permit or if the applicant needs a variance from the Zoning Board of Appeals. The Town’s attorney will be asked which Board this application will be sent to.

Conditions:

Remain 51 feet from center of road as stated on the plan

Roger will be asked to clarify if the ZBA needs to hear this application as per our ordinances. 

Motion by Baum to give permit as requested for this non-conforming structure if this is a Planning Board decision.

Seconded by Oakes

Vote 4-0 in favor

With clarification:

Not to go any closer to the road than 6 feet beyond the current structure. With the intent being to set it as far back as possible.  

Item 5:              Other Business

Carmel Rubin would like to determine if she needs to come before the board to harvest timber from her property along Hunter Lane and River Road.  Her property runs down Hunter Lane approximately 300 feet.  She does not have a house on Hunter Lane.  She would like to harvest timber from this lot and would like to access the lot from Hunter Lane.  The Board advises that she would need permission from the other lot owners as this is a private road.  She wants to harvest timber from the lot and will not exceed the maximum 40% basal area removal in 10 years.

CEO states that there is also an ordinance rule that states the maximum:  forest canopy single openings are limited to 7500 sq ft. maximum as measured from the outer edges of the canopy. 

Item 6:              Adjourn Meeting

                        McGee motions to adjourn meeting at 9:53.

                        Oakes seconds

                        Vote 4-0

*attached to the official copy of these minutes that will be kept in the Town Office will be the Augusta Mineral Extraction Ordinance Dated April 22, 2005.