2006-12-21 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

December 21, 2006

Present:  McGee, Baum, Beltramini, Oakes, Zachau

Absent:  Whitney, Evans

Whitney will not be in attendance tonight and McGee, the Vice Chair will conduct the meeting. 

Zachau will be a voting member

Item 1:              Call to Regular Planning Board Meeting to Order

Meeting called to order at 7:00 pm          

Item 2:              Consideration of the November 16, 2006 Meeting Minutes

Changes:  Oakes requests that changes be made.

Beltramini motions to accept minutes with changes, seconded by Oakes.

Vote 4-0 in favor (McGee abstains as she was not in attendance at the last meeting)                                    

Item 3:              Old Business         

  1. Larry Carr

1419 River Road/ Tax Map R12 Lot 16

Residential & Agricultural Zoning

Application for Site Plan Review

Seasonal Antiques Shop

The paint disposal statement, sketch map, survey and a statement by the Code Enforcement Officer stating that the building meets all setback requirements are presented to the Board.  All will be added to the file.  No negative responses were received from any abutter after being notified of the application by the Planning Board secretary.

Baum motions to accept the application as complete.  Seconded by Beltramini.

Vote 5-0 in favor. 

McGee motions to approve the application for Site Plan Review of Mr. and Mrs. Carr’s antique shop located at 1419 River Road with the condition that the permit will be for the applicant only, should he sell the property the new owner will need to return to the Planning Board for approval, unless otherwise advised by the Maine Municipal Association Legal Department or other Legal council..  Seconded by Baum.

Vote 5-0 in favor.

                         B. 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 letter from the Code Enforcement Officer has been submitted stating the current junkyard violation has been cleared. 

The septic is not in place but will be completed by June 1, 2006.  The license to sell cars from the State cannot be obtained until the septic is in place. The fence is in place and meets all setback requirements.  As previously requested by the Board only one row of cars will be permitted along Fisher Road.  The Code Enforcement Officer has visited the site and taken a series of photos that will be placed in the file.  A fence has been placed around the holding area for junk parts that will remain on the property and be removed every 6 months; and another fence is installed to screen the towed in cars from the Fisher Road.  The trailer bodies have been leveled.  They will be painted by June 1, 2007.  They will not be replaced by a larger structure or expanded without returning the Planning Board for approval.  A sketch plan is presented showing the fence and proposed cement pad.  It will be placed in the file. 

Baum motions to approve the application for Site Plan Review submitted by James Read for the property at 23 Fisher Road for a Mechanical Repair Garage and Auto Sales, with the following conditions:

  • Only one row of cars for sale will be permitted along Fisher Road.
  • The trailer bodies must remain in a fixed location, and must be maintained and painted by June 1, 2007. They are not to be replaced by a larger structure without the applicant returning to the Planning Board for approval.
  • The septic will be installed by June 1, 2007. 
  • The permit will be for the applicant only, should he sell the property the new owner will need to return to the Planning Board for approval, unless otherwise advised by the Maine Municipal Association Legal Department or other Legal council. 

Oakes seconds the motions.

Vote 5-0 in favor. 

                        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, 5 acres or less in size. 

Mr. Tourtelotte would like to cut a 120-foot path through the woods in order to create a road that he can use to haul the gravel from the pit.  The cutting will require a timber-harvesting permit.  Baseline photos have been taken by the Code Enforcement Officer.   The proposed pit is 3.8 acres in size.  No blasting or crushing will be taking place.  Noise will only be from the trucks entering and exiting the property and the warning sound when backing up.  The DEP has a mandated setback of 75 feet from all wetlands.  In a letter dated June 9, 2006, Mr. Tourtelotte states that he will be reclaiming the area with loam tailings and clay from job sites and turning it into a field. 

A Site Plan prepared by Harty and Harty on December 18, 2006 is presented to the Board showing gravel edges, pavement edges, building setbacks, approximate property lines, deed lines, approximate utilities, buildings, stone walls, wells, utility poles, soil test sites, book and page of deed recorded at registry, surface water drainage, right of way, surveyor pins with I.D. caps and spot elevation. 

McGee would like to have an idea of what the road into the proposed pit will be like and how much gravel will need to be added to make it useable? 

Mr. Tourtelotte will meet with the Road Commissioner and the Public Works Director to discuss trips per day, road maintenance, added traffic and vehicle weight. 

The following items are needed for a complete application:

  • Letter from the Road Commissioner stating any conditions, maintenance, or number of trips per day allowed if applicable. 
  • Letter from the Public Works Director
  • Decibel level measured at the nearest abutter
  • Letter from the DEP, hydrologist or soil scientist stating that ground water will not be a problem
  • Copy of deed
  • Timber harvesting application
  • Buffer distances from the proposed pit to abutters
  • Letter stating that the applicant will not expand beyond the footprint shown on the submitted survey map without returning to the Planning Board for approval

A site walk is scheduled for January 13, 2007 at 10 am. 

Letters will be sent to the abutters and notices will be published and posted by the Town for the Site Walk notification. 

Public Hearing scheduled for January 25, 2007 at 7 pm

The Town will send letters to the abutters and anyone within 1000 feet and notices will be posted and put out for publication about the Public Hearing. 

Item 4:             New Business

                        A.  Dick and Debbie Spaulding

                        137 Pratt Road/ Tax Map R3 Lot 53

                        Pre-application for a 5-lot subdivision

Pre-application for a 5-lot subdivision on Pratt Road is presented to the Board.  The parcel is 17 acres in size and 5 lots are proposed.  A mobile home with septic and well already exists on the site and is being rented.  The lot is primarily wooded and was last cut approximately 15 years ago.  Currently there is an existing road on the north boundary that is all gravel.  It was previously used for hauling gravel to the interstate while that was being built.  The edges of the gravel road have become overgrown over the past several years and will need to have some trees removed from the sides.  The lot has 150 feet of road frontage on Pratt road.  The area is not in a flood plain.  The applicant proposes that the lots would be sold with the intention of having modular or stick-built homes.   

 An application presented to the Board should include:

Full survey

Items 1 thru 14 as listed in Section 6.3.D of the Bowdoinham Subdivision Ordinance

All fees must be paid at the time the application is submitted. 

B.  S & K Enterprises

                        PO Box 543, Bath, ME 04530/ Tax Map R9 Lot 23A

                        Pre-application for a 12-lot subdivision

                        Represented by Michael Falla, PLS of Falla and Sons Land Surveys, Inc.

Michael Falla, of Falla and Sons, and Tom Corinna, of S and K Enterprises, are here to represent the pre-application for a subdivision.  The total lot is 68 acres in size and the project proposes using 39 acres.  A 12-lot subdivision is proposed for the parcel that is currently 375 Bay Road.  There is one existing home on the lot.  The proposed road into the subdivision would begin from Bay Road at the eastern property boundary, currently abutted by John Seekins.  Mr. Corinna states that a traffic engineer from DOT has visited the site and approved a curb cut for the proposed road.   The proposed lots average about 3 acres each and are approximately 250 feet deep.  The parcel is predominantly flat, with mixed tree growth.  The open space requirement will be within the 39 acres that is proposed for development.  Mr. Corinna has moved into the existing house on the lot.   The parcel has a total of 154 feet of road frontage.

The applicant will request a waiver from the Board for the length of a dead-end road.  The ordinance states that a dead-end road will not exceed 1500 feet and the applicant suggests the he will need approximately 2800 feet.  At this time, a written waiver request has not been presented to the Board.

Oakes is concerned about the road entrance onto Bay Road due several accidents on that portion of the road in the past. 

Site walk will be scheduled when the flags have been set.  Mr. Falla will call the Planning Board Secretary and a site walk will be set up at that time. 

                        C.  Heather and Mark Isherwood

                        12 Tegans Way / Tax Map R2 Lot 42-4

                        Amend a lot within a subdivision

Heather Isherwood would like to buy back an easement from Verizon that runs through the back corner of her lot on Tegans Way.  She would like to change her setbacks so that they parallel her lot line, not the easement as it is currently.  There is a possibility that in the future the applicant would like to build an attached garage to her house. 

The applicant has letters from the Road Commissioner, Public Works Director, Fire Chief, School Superintendent, and letters from all other subdivision lot owners.  Applicant also has a letter from Verizon stating their intent to sell this easement back the Isherwoods.     

Baum motions to approve the application to amend the Carras Field Subdivision by changing the setback lines on Map R2 Lot 42-4 after the easement is purchased by the Isherwoods, with the condition that the Town receives a copy of the recorded deed after the release and an amended plan has been filed with the registry and the Town. 

Seconded by Oakes

Vote 5-0 in favor 

Item 5:              Other Business

Item 6:              Adjourn Meeting

Motion to adjourn at 10:20 pm