2006-08-24 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

AUGUST 24, 2006     

Present: Whitney, McGee, Oakes, Beltramini, Zachau

Absent:  Baum, Evans

Item 1:              Call to Regular Planning Board Meeting to Order

                        Meeting called to order at 7 pm

Item 2:              Consideration of July 27, 2006 Meeting Minutes

                        Beltramini motions to accept minutes with changes

                        Seconded by McGee

                        Vote 3-0 to accept                 

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

A letter from John Edgerton of Wright Pierce, reviewing the plans for the fire / retention pond for the proposed Fox Lane subdivision has been submitted to the town.  He has found that the pond plans are adequate for the purpose of relieving the run off of water from damaging any abutters land.  The letter addresses 2-, 10- and 25- year storm events.  The Code Enforcement Officer informs the Board that the 100-year floodplain is based on a 25-year storm.  The pond has a capacity of 15000 gallons below freezing.  The culvert feeding the pond is 18” wide.

A notarized letter from the Coopers giving the Brinks permission to pursue this application is submitted to the Board. 

The Fire Chief would like the dry hydrant to be near the beginning of the road. “and dry hydrant” will be added to Condition 7 on the final Mylar to satisfy the Fire Chief.

The Board has not received a letter from the Fire Chief regarding the fire pond and if he has found it to be satisfactory for this subdivision.  Oakes and McGee would like to see the letter before they approve this application.  It is proposed by Doug Johnson and the Brinks that the letter from the Fire Chief be added as a condition of approval adding that no building permits can be given until the letter of approval is obtained.  Oakes and McGee oppose a vote on the application with such a condition in place.   It is then proposed that the letter be obtained from the Fire Chief on the following day and members of the board will then come to the Town Office and sign the Mylar. 

Whitney motions to approve the Fox Lane Subdivision dated July 6, 2006 with the condition that no building permits be issued until the town receives a letter form the Fire Chief indicating that he accepts the plans for fire prevention. 

Beltramini seconds the motion.

McGee states that she believes that there could be a considerable amount of environmental impact and would like to see in the future that the applicants should have to meet the burden of proof that the environment will not be adversely affected, including the wetlands, wildlife habitat and standing water areas.

Doug Johnson believes that the environment will not be negatively affected and believes that the design of the subdivision has taken into account the wetlands and standing water, making larger lots with a 25-foot set back which is above the required 10 feet.

Oakes would like to wait until the Fire Chief has signed a letter of approval before she votes to accept this motion.

Zachau has not been in attendance for all the meetings and will abstai

Whitney withdraws his motion to approve the subdivision.

Whitney motions to approve the Fox Lane Subdivision application dated July 6, 2006, acknowledging that the Mylar will not be signed until the Fire Chief signs the letter of approval for the fire pond.  Should the Fire Chief withhold his approval the application would have to return to the Planning Board.  The Planning Board will sign the Mylar at the Town Office as soon as possible after the letter is available.

Seconded by Beltramini

Vote 3-0 to approve motion.

McGee and Zachau abstain.

The Planning Board Secretary will work with the Fire Chief the following day to obtain the letter of approval and then call the voting members of the motion to the office to sign the Mylar.  

Item 4:             New Business

                        A. Douglas Tourtelotte

                        190 Millay Road/ Tax Map R-02 Lot 46

                        Land Use Regulations & Shoreland Zoning Ordinance

                        Reclaim 5-acre field

Doug Tourtelotte states that he has just purchased this parcel of property and would like to reclaim a former hay field that has been allowed to be over grown with brush.  He explains that there will not be any excavation or earth moving, only de-stumping.  There is an old private road that has not been used in several years that accesses the property and Mr. Tourtelotte states that he would like to be able to use his farm equipment on the road. He would like to do the tree cutting in the winter to minimize the impact on the land.  There is a stone bridge that crosses the stream that is currently used by the Snowmobile Club and Mr. Tourtelotte proposes to recover the bridge so that his farm equipment can cross the stream over the bridge, he will still allow the Snowmobile Club access to the bridge.

The Code Enforcement Officer is asked to determine the impact on the stream and provide reasonably accurate dimensions of the project and photos.

A possible condition of reseeding and only allowing heavy equipment during the frozen months of the year is discussed.

The Code Enforcement Officer will meet with Mr. Tourtelotte at the site to obtain requested information and the application will return to the Board at the next meeting.

Item 5:              Other Business

Carmel Rubin would like to know about the Ordinance Revision Project.  She would like to know when  will a draft be prepared and is cumulative impact going to be considered in the new Ordinances. She is advised that the schedule of meetings is available in the Town Office as well as on the website and she is told that the meetings are open to the public and she is welcome to attend. 

Code Enforcement Officer gives update on the Leonard application from the last meeting.  He explains that according to the town attorney none of the structure is in Bowdoinham as per the tax bill therefore the part of the parcel that is in Bowdoinham is vacant.  This application needs to be heard by the Board of Appeals.

Whitney motions to add this to the agenda.

McGee seconds the motion.

Whitney motions to accept the permit as submitted.

Seconded by Beltramini

Vote 0-4 motion fails

A Finding of Fact will be prepared and indicate that the Town attorney has found that this is not a Planning Board issue and therefore the permit was denied.  McGee will sign the Finding of Fact, as she was the acting chair at the meeting that this application was heard. 

Donald Oakes would like to ask the Board if they would consider adding some sort of impact fee to in the new ordinances to help the Water District in the future.  He feels that there may be a need for a significant amount of new water main in Bowdoinham in the future.  The Board would like to see Mr. Oakes take this matter to the Board of Selectpersons. 

Item 6:              Adjourn Meeting

                        Meeting adjourned at 9:00 pm