2007-03-22 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

March 22, 2007

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

Item 1:              Call to Regular Planning Board Meeting to Order

                        Meeting called to order at 7:00 pm

Item 2:              Consideration of the February 22, 2007 Meeting Minutes

                        Whitney motions to approve the amendments with revisions.  Seconded by McGee.

                        Vote 5-0 in favor, motion passes. 

Item 3:              Old Business

A.  S & K Enterprises

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

                        Application for a major subdivision

                        Represented by Michael Falla, PLS

Mr. Falla states that he will have the wetlands re-mapped when the frost is out of the ground.  When the wetlands were first mapped the ground was frozen.  The soil scientist will also re-visit the site and complete another evaluation, which will be given to the board in an additional report.  The Planning Board may decide to hold an additional site visit based on these new reports or based on whether  lot lines will need to be changed or any wetland delineation changes.  The test pits will also be done again as they were last done in November of 2006, before the wetlands were mapped.  The Planning Board may ask for an independent assessment from a hydro geologist after the additional reports have been presented.

Any timber harvesting for the house sites will need to be discussed with the Code Enforcement Officer  regarding whether there is a need for clearing more than is allowed by the Town of Bowdoinham Timber Harvesting regulations. 

The Code Enforcement Officer will be asked to check the Beginning with Habitat maps for wildlife areas identified on this parcel.  Also, the Code Enforcement Officer will be asked to determine if this area is in the Flood Plain. 

A copy of the deed is in the file.  Lot one has an existing house and garage with a well and septic.  A letter from a well driller stating that potable water is available is also in the file.  Open space provisions are established in the proposed covenants for each lot in the subdivision.   A letter from the Fire Chief has been entered into the file.  There is a question from the applicant about the paving requirement stated in the letter given by the Fire Chief, and the applicant will meet with the Fire Chief to discuss the recommendations made.  The applicant states that the stumps will be hauled away from the site when construction occurs. 

The Board requests the following information be presented when the applicant returns to the Board. 

  • A letter from the Maine Natural Areas Program
  • Updated plans showing test pits (done when the frost has left the ground).
  • Storm water management plan
  • A list of construction items and financial statements as stated in 7.2.D.14 of the Subdivision Ordinance
  • Updated wetlands and soils reports

Whitney moves to approve the application for a major subdivision as complete.  Sconded by Baum. 

Vote 0-5 motion fails.  The applicant will return with the items requested above. 

Whitney will speak with the Code Enforcement Officer about the timber harvesting area for house sites. 

B.  Kevin O’Farrell and Wendy Gray

                        849 Post Road / Tax Map R03-44-F

                        Site Plan Review

 A survey is presented of Mr. Kane’s property.  It shows that the barn belonging to the applicant, on their property, is 80 feet from the shared boundary between Mr. Kane and the applicants. 

The applicant has presented a contour map showing the area land around the barn.  This map will be copied and placed into the file.  A wastewater disposal plan is also in the file.  The Code Enforcement Officer will visit the site and take photos of the structure and inspect the area for erosion control measures when the grass has begun to grow.   

The applicant will approach Mr. Kane and ask that he submit a letter for the file stating that he has reviewed the survey done by Brian Smith and that he understands that the barn is not on his property. 

Whitney motions to find the application of Mr. O’Farrell and Ms. Gray, for a commercial stable and riding facility, complete.  Seconded by Beltramini.

Vote 5-0, the motion passes.

There is parking available for up to 30 vehicles with a light that shines down into the parking area.  The parking surface is gravel.  Typically only about 10 cars are parked at one time in the parking area. 

When the house was built, the applicant received an entrance permit from the DOT.  The Code Enforcement Officer will check with DOT to determine if another application is necessary for a commercial permit on the lot.  The applicant will provide the Town with a copy of the DOT entrance permit that was approved when the house was built. 

The applicants do not have 150 feet of road frontage on Post Road.  The deeds of the applicants and abutters will be checked to determine if adequate road frontage is present.  The Code Enforcement Officer will also consult their (the applicants’ or the Town’s) attorney and ask that he report back to the Planning Board about the road frontage concern. 

At this time, the applicants do not have a sign near the road to advertise their business.  They understand that all signs need to comply with the regulations set forth in the Land Use Ordinance if they decide to put one up.

The barn and house have separate wells and septic systems.  The wells for the barn and house are 200 to 300 feet from the manure pile.  A local landscape company hauls the manure off every month.  Drainage of the manure pile is into the pasture. 

The business conducted at the barn consists of riding lessons, boarding and training of horses.

Whitney asks the applicants to return to the Planning Board after the issue of road frontage has been commented on by the Town’s attorney.  The applicants agree.  The Planning Board Assistant will send letters to all landowners within 1000 feet of any of the applicants’ property lines, to inform them of the application before the Board.  Comments will be directed to the Planning Board Assistant.  

Item 4:             New Business

  1. Cristal Beyersdorfer

257 Browns Point Road, Bowdoinham / Tax Map R7 Lot 2

Application to amend an existing Subdivision, add a lot

Represented by Attorney David King 

Mr. King is here to represent the Beyersdorfer family as they live outside the country. 

This lot is part of a subdivision originally formed in 1976 and amended in 1982.  The applicant would like to create an additional lot and they intend to sell the new lot.  The lot to be sold is approximately 2.6 acres.  Patrick Harty, of Harty and Harty Surveying, did the survey of the new lot.

The proposed lot has an area along Brown’s Point Road that is 150 feet long with 84 feet of that proposed road frontage being only 20 feet deep.  This configuration is the second plan presented for this application.  Originally the Code Enforcement Officer was shown a plan that proposed 66 feet of road frontage to be purchased by the proposed buyer and another 50 feet of road frontage adjacent to the 66 feet on Browns Point Road that would be retained by the seller.   The seller would convey a right of way on the retained portion of the property to the buyer and create a road into the property 150 feet long which would serve as the means to meet the road frontage requirement. 

Roger Therriault has sent a letter regarding the proposals and he advises that the right of way option does not meet the town’s road frontage standards.  Mr. Therriault also advises the Planning Board that the intent of the ordinance is not met with the option that proposes a strip only 20 feet deep. 

The Planning Board requests that Mr. King ask his clients to amend the proposed lot to include a strip of land along Brown’s Point Road at lease 150 feet long and a minimum of 150 feet deep for that portion of the lot. 

Mr. King does not have the authority tonight to change the lines of the proposed lot and will have to contact the lot owners, the Beyersdorfers.

The Board also requests that contours be added to the survey map.  Wetlands and the road location have been mapped.  Landowners within 1000 feet of the lot and all other lots within that subdivision will be notified of the application.  A letter from the Fire Chief and Road Commission will need to be obtained.  

Applicant agrees to table this application until the next regular Planning Board meeting or until a new proposal can be worked out.     

  1. Jeff Hoyt

120 Pond Road, Bowdoinham / Tax Map R2 Lot 64B

Application for site plan review, expand existing garage 

Jeff Hoyt owns and operates an auto repair business at his Pond Road residence.  He currently has a 2-bay garage that he would like to expand.  The garage does not have running water or a septic; the residence on the property does have these services. 

There is no a formal survey of the applicant’s property.  Hilltop Log Homes, an abutter, has had a survey of their property, which includes two boundaries shared with Mr. Hoyt.  The Board asks Mr. Hoyt to have a survey done of his property and establish the setback from the center of the road, verifying that his existing garage meets this requirement. 

As Pond Road is a State maintained road, Mr. Hoyt will need to obtain a MDOT entrance permit for commercial use. 

The Town will send letters to all landowners within 1000 feet of Mr. Hoyt’s property notifying them of the application for site plan review.   

Mr. Hoyt will not be seeking loans from a bank for the addition to his garage. 

Currently Mr. Hoyt takes his used motor oil and other fluids that have been drained from vehicles to the recycling barn for disposal.  All fluids not taken to the recycling barn are taken to Total Waste Management.  David Berry, owner and operator of the Bowdoinham Recycling Barn will be asked to write a letter to the Board verifying that he accepts Mr. Hoyt’s waste fluids.  Mr. Hoyt will also write up a narrative explaining his disposal practices for waste oil, old car parts and chemical spills.  The outside oil tank is not currently on a cement slab.  The applicant is willing to add a cement pad with a lip under the tank when he pours one for the garage expansion.

Mr. Hoyt agrees to return to the Planning Board with the additional materials at a later meeting.  

  1. Chris Brawn

1146 Post Road, Bowdoinham / Tax Map R4 Lot 50

Gravel Extraction over 100 yards 

Mr. Brawn would like to be able to remove more than 100 yards of fill from Howard Taylor’s property.  In 1998 Mr. Taylor obtained a permit from the Planning Board to move over 100 yards of fill to create a racetrack.  Mr. Taylor has been in violation of State Junkyard provisions and has been contacted by the Code Enforcement Officer, Board of Selectpersons, Town Manager and legal council.  Currently the junkyard items in violation have been removed. 

The Board advises Mr. Brawn that he will need to gain legal interest in the property and then apply for a gravel extraction permit.  For a gravel extraction permit Mr. Brawn will also need to have a survey of the property and the area to be excavated.  Mr. Brawn is also advised of the conditions placed on a previous gravel extraction permit given to Doug Tourtelotte. 

Mr. Brawn will submit a new application when he purchases this property.  

Item 5:              Other Business

                        A. Ordinance Revision - Status

                        This item was not discussed

Item 6:              Adjourn Meeting

Meeting adjourned at 10:20 pm.