2007-04-26 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

April 26, 2007

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

Evans and Zachau appointed voting members as Baum and McGee not in attendance. 

Item 1:              Call to Regular Planning Board Meeting to Order

tabled

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

Item 3:              Old Business

A.  Kevin O’Farrell and Wendy Gray

                        849 Post Road / Tax Map R03-44-F

                        Site Plan Review

Mr. Kane, an abutter, is in attendance and is satisfied that the barn is not located on his property.  Brian Smith, of Brian Smith Surveying, has done a survey and located the barn on the applicant’s property.

The house permit granted by the Town of Bowdoinham in 2002 was issued in error by the Town as a new single family home requires 150 feet of road frontage as mandated by the Town’s Construction of Permanent Dwelling Ordinance.  The permit was not appealed before construction began, therefore the current Code Enforcement Officer states that this was an error on behalf of the Town and not grounds for denying the current Site Plan request as the structure is an accessory structure to the home, all contained on the same lot.

Whitney reads comments that have been directed to the Town.  Two comments are from residents of Wilderness Lane who have concerns about liability on their private road and water quality, due to manure run off.  These comments have been entered into the file.  Whitney proposes a possible condition to the application that would prohibit the use of Wilderness Lane for all lessons, trail riding or other activities associated with Gray’s Equestrian, the applicant’s business. 

Mr. Kane has submitted a letter to the Board asking a question about selling a portion of his land to the applicant, if the property would be taxed as commercial.  Whitney explains that Mr. Kane would need to direct this question to the assessing department.  The Code Enforcement Officer explains that the barn and land that sits under the barn, he estimates an acre, would be taxed as a commercial building lot, and the remaining property that is pasture, forest and otherwise undeveloped will remain as currently taxed.

David Gouger, owner of the apple orchard that abuts the applicant’s, would like to state that he does not have any concerns with the application or the activities taking place on the property. 

Mr. McKinnon would like to know what type of activity will be taking place at the site.  Mr. O’Farrell responds that it would be riding lessons, horse training, boarding and trail riding.  Mr. McKinnon would also like to know how close to another landowner’s property line the trails can be.  The Code Enforcement Officer states that there is not a setback for making trails on your property.  Mr. McKinnon is not an abutter and therefore the trail setback is not an issue for Mr. McKinnon.

Pat McDonough who lives across Post Road would like to offer his property for the applicants to use for horse related activities.  Mr. Gouger also offers his property for use by the applicant.    

The distance from the current manure pit to any water sources exceeds any minimum required setbacks. The applicants are planning to add a cement pad under the manure pile at some time and if any issue arises with the water quality the Planning Board or Code Enforcement Officer may require that the cement pad be added immediately.

The MDOT has not issued a commercial entrance permit.  The applicant is willing to file the permit application with MDOT.  The Code Enforcement Officer states that he believes there is enough sight distance and that the culvert meets the size requirements needed for this permit. 

Whitney moves to approve to the application of Mr. O’Farrell and Ms. Gray for a commercial horse stable with the condition that there will not be any riding of horses on Wilderness Lane.  Seconded by Zachau.

Vote 5-0 in favor, motion passes.

Item 4:             New Business

A.  Richard Hornbeck

17 Hornbeck Cross Road/ Tax Map R04 Lot 43

Application to amend Planning Board permit dated September 26, 2006 

Mr. Hornbeck is here to amend his permit issued for 100 yards of fill to build an airplane hanger.  The permit required a setback of 75 feet from a pond and stream located on his property.  The applicant would like to amend the permit to go to closer to the stream and pond, up to approximately 25 feet from the pond and stream.  This would allow for better erosion control according to the applicant and Code Enforcement Officer.  The building permit for the hanger has not yet been applied for and the footprint has not yet been decided upon.  The applicant applied for a permit from DEP and received a Permit by Rule to add fill closer to the pond and stream. 

The erosion control plan: a bark mulch wood waste berm will be placed along the downhill 25-foot setback line. The applicant has used a wood waste berm up until now and he keeps it maintained.  All areas not covered by the structure will be grassed over. 

The applicant proposes to pour a concrete floor in this building.  Whitney asks if the applicant will be doing maintenance on the airplane.  The applicant states that he does perform maintenance on his airplane.  All maintenance will be done within the structure.  The applicant is a commercial pilot and his airplane is sponsored by commercial businesses, he is also hired as a pilot occasionally.  This application is only for fill over 100 cubic yards, he will return at a later date for a building permit and at that time it will be decided if this will need to be permitted as a commercial structure. 

The applicant is asked if any trees will need to be cut to perform the filling.  He states that he will need to cut two Maple trees, however he has already planted other maples near the stone wall. 

Whitney motions to approve the application for an amendment to the original permit received last year, with the condition that all erosion control measures will be in accordance with Best Management Practices and inspected by the CEO.  Seconded by Oakes.

Vote 5-0 in favor, motion passes.  

B. Terrance Butler

126 River Road/ Tax Map U04 Lot 02

Adding more than 10 yards of fill in Resource Protection

The applicant would like to add more than 10 yards of fill in a resource protection zone. 

The applicant currently has water drainage problems that is causing erosion on the property.  The driveway servicing this property was created in the1970’s and has become impassable in mud season. The driveway also receives water from the River Road.  The flow of water is causing erosion and needs to be stabilized with clean rock to minimize the erosion.  The driveway will be built with 4 inches of clean rock base, a PVC drainpipe, landscape cloth, and pea gravel on the surface, all other areas will be loamed and seeded with grass. 

The applicant explains that other erosion issues are due to the new roof pitch of a new home and the addition of a neighbor’s cement driveway.  The drainage is currently washing out the landowner’s property and adding silt and debris to a brook that feeds the west branch of the Cathance River.  The new drainage, if the Planning Board permits it, will drain into the area that the current River Road culvert drains to, which is maintained by MDOT.  The applicant has spoken with Randy Prince of the Richmond DOT garage who maintains this drain. 

The applicant does not have an estimate as to how many yards of fill will be needed to complete the project. 

No additional fill will be within 75 feet of normal high tide water lines.  The road banking will not change.  The Code Enforcement Officer feels that this will minimize the existing erosion problem and agrees with the addition of 4 inches of rock as a base. 

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

Vote 5-0 in favor, motion passes

Whitney motions to approve the application with the conditions that the applicant work with the Code Enforcement Officer to get a letter of approval from DOT and a permit by rule from DEP.  Oakes seconds.

Vote 5-0 in favor, motion passes.  

Item 5:              Other Business

                        A. Subdivision Ordinance Revision Overview

The Planning Board discusses the process of revising the subdivision ordinance in order to present it at the 2007 Town Meeting to be voted on by the residents.  It is decided that a more comprehensive evaluation of the process will be done after the draft is completed and has been presented to the Board of Selectpersons to be added to the annual warrant for the Town Meeting in June. 

Item 6:              Adjourn Meeting