2006-10-26 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

OCTOBER 26, 2006

Members Present: Whitney, McGee, Oakes, Beltramini, Zachau

Members Absent: Baum, Evans

Item 1:              Call Planning Board Meeting to Order

Meeting called to order at 7:00 pm

Zachau will be a voting member for this meeting   

Item 2:              Consideration of the September 28, 2006 Meeting Minutes

There is not a quorum from the previous minutes to approve these minutes.  They will be considered again at the next regular Planning Board meeting.

Item 3:              Old Business

                   A.  Douglas Tourtelotte

                        190 Millay Road/ Tax Map R-02 Lot 46

                        Land Use Regulations & Shoreland Zoning Ordinance

                        Reclaim 5-acre field

The Code Enforcement Officer has met with applicant and completed the measurements asked for when the applicant last appeared before the Planning Board.  Currently there is a bridge that crosses a small stream and is not adequate for the applicant’s farm tractors to cross. It therefore will need to be replaced. The bridge is used by snowmobiles who will continue to have permission to use the new bridge. The DEP will not require a permit for the upgrade of the snowmobile bridge, as it is a replacement. This is not in the flood plain.  Erosion control devices will be utilized for the stream crossing including rip rap on both stream banks.  An old existing water fording / crossing made of rock, is going to be used for a winter forest harvesting crossing and will not be used after the harvest nor will it be upgraded.  All the de-stumping for reclamation will be done outside of 300 feet back horizontal distance from the stream.  The trees to be removed consist of 30 year-old Pine and other small timber.  No work will be done until the ground is frozen.

Whitney motions to approve the application for reclamation with the conditions that the Code Enforcement Officer take photos, the DEP submit a letter that states it does not have any issue with the permit and that the dimensions of the new bridge are obtained.

McGee seconds

Vote 4-0 motion passes

Colin Clark is the contact with the DEP. 

McGee would like the Code Enforcement Officer to make a report when conditions have been met       

                        B. Verizon Wireless - Applicant

Daniel and Cathy McKenna - Property Owner

Verrill Dana, LLP - Agent Presenting Application

88 Pond Road/ Tax Map R-02 Lot 63

Site Plan Review

Build a shed and band of antennas

The application was accepted as complete at the last meeting and the Planning Board asked for the engineers report on structural integrity of the tower and a report that states the radio frequency emmisions complie with the FCC requirements.  The report has been provided for this meeting and states on page 10 of the Calculated Radio Frequency Emissions Report, total output, including the proposed antenna for Verizon, is under 33% of the allowable output.  

The proposed equipment shed will house a generator that will run when the power is out and 20 minutes once a week, currently scheduled for 10 am on Tuesday mornings.  The noise from the generator will not be heard outside of the equipment shed.  There will only be bands of antennas, no dishes on the tower.  There is a gate into the tower area that the town does not currently have the combination to. The Planning Board would like the combination to be given to the Town.

The Planning Board would like to receive a report every other year on the Radio Frequency output of the tower. 

Whitney motions to approve the Verizon Wireless application for an equipment shed and additional band of antennas at the current location on 88 Pond Road with the condition that the Town of Bowdoinham be given the combination to the lock on the gate.

Second McGee

Vote 4-0 motion passes.

C.  Kevin O’Farrell and Wendy Gray

                        849 Post Road / Tax Map R03-44-F

                        Land Use Regulations & Shoreland Zoning Ordinance

                        Site plan review for commercial horse barn. 

An abutter has come forward to question where the boundary line is and is concerned that there has been some clearing on his land.  Bob Kane is the abutter and is in attendance. He has a survey done in 1988, he believes that there are pastures and fencing on his land and possibly a corner of the barn on his land.  He is also concerned that manure pile is too close to the brook. 

Whitney explains to the applicant that the Planning Board can not approve a site plan review application if there is a boundary dispute. 

Mr. O’Farrell states that the barn is closer to the north side of his property but believes that it is entirely on his property.  Ms. Gray did not approach Mr. Kane before the construction of the barn or clearing of the land. 

Mr. Kane has hired Brian Smith Surveying to survey his property.  Mr. Kane would like the applicant to also have a survey completed and asks that no further cutting be done until this matter has been resolved.   Mr. Kane asks that the applicant hire a different surveyor to do their survey as to avoid conflict.  The applicant’s survey will need to include their entire property boundary. 

Whitney motions to accept the application as complete

McGee seconds

Vote 0-4 motion fails

Once the surveys are complete the applicant and abutter will return to the board to continue with the application. 

                        D. James Read                                  

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

                        Residential & Agricultural Zoning

                        Application for Site Plan Review:

                        New Commercial Use: Mechanical Repair Garage & Auto Sales

A survey map is not yet available. It should be given to the Town next week.  A letter stating that a septic holding tank is the only option for the applicant has been presented by the septic designer.

A public hearing will be scheduled for November 16, 2006 at 7:00 pm.

A site walk by the Planning Board is scheduled for November 2, 2006 at 5:00 pm.

Whitney motions to approve the application as complete with the condition that the Code Enforcement Officer receives the standard survey stating that the buildings are within the site boundaries by November 8, 2006.

McGee seconds

Vote 4-0 motion passes

The Town will send letters to abutters to notify of them of the public hearing.     

Item 4:             New Business

Item 5:              Other Business

A.     Review of the Shoreland Zoning Map

Item 6:              Adjourn Meeting

                        Meeting adjourned at 8:30 pm.

Next Planning Board meeting November 16, 2006 at 7:00 pm.