2007-05-24 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

May 24, 2007

Members present:  Whitney, Oakes, Baum, Beltramini, Evans, Zachau, and Woofenden. 

Evans has accepted the voting seat on the board that has been vacated by McGee.  Woofenden has been appointed to the remaining term of Evans and is an alternate member. 

Item 1:              Call Regular Planning Board Meeting to Order

Item 2:              Consideration of the April 26, 2007 Meeting Minutes

Whitney motions to approve the minutes as amended, seconded by Oakes.

Vote 5-0 in favor, motion passes.                              

Item 3:              Old Business

  1. Jeff Hoyt

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

Application for site plan review, expand existing garage 

The items requested at the March 22, 2007 Planning Board meeting were presented.  The items include a DOT entrance permit, survey of the property, a letter from the Solid Waste Director stating that the Bowdoinham Recycling Barn accepts Mr. Hoyt’s waste oil products, and a letter from Mr. Hoyt stating his practices for disposal of other materials from his business.  The oil tank that is outside of the garage has had a cement pad added underneath for spill protection and the Code Enforcement Officer has confirmed the addition of the cement pad.  A letter from the Fire Chief has been obtained stating that he does not have any objections to the business.  All materials will be added to the file kept in the Town Office. 

Whitney motions to accept the application as complete, seconded by Oakes.

Vote 5-0 in favor, motion passes.

Whitney reviews the standards as set forth in Site Plan Review Ordinance of the Town of Bowdoinham. 

No additional vehicle storage will take place on the site.  The oil tank has a new cement pad that currently does not include a lip.  Applicant is willing to add a lip which will help contain a spill if necessary.  Mr. Hoyt will work with Code Enforcement Officer to determine how high the lip will need to be to contain a spill.  All storage of machinery and parts are within the building.  The building does not have any drainage system in place.  There is a safety light over the door which points down.  A ventilation hose is in place for the winter months when the doors are all closed.  Restroom facilities are located within the home located on the property.  This parcel is not listed on the National Historic Register. 

Waste oil is kept in the outside storage tank which is then drained and taken to the Bowdoinham Recycling Barn.  Additionally, the Recycling Barn accepts scrap metal, other chemicals, cardboard and most other materials being disposed of by Mr. Hoyt. 

The Code Enforcement Officer will monitor the site for erosion control during the construction phase.  A silt fence will need to be in place.

Oakes would like to add a condition to the permit stating that if the business is sold or leased the new owner / operator would need to return to the Planning Board to review that all then current regulations and conditions continue to be met.  Mr. Hoyt agrees with this condition. 

Currently there are 15 cars on the premises.  Two of the vehicles have been abandoned and Mr. Hoyt is working with the State to take care of the cars. 

Whitney motions to approve the application for a commercial auto repair business with an addition to the current garage with the following conditions: 

  • The concrete pad under the existing oil tank be re-designed and constructed to contain an oil spill.
  • Any future owner or operator of the business must return to the Planning Board for review. 

Baum seconds the motion. 

Vote 5-0 in favor, motion passes.

B.  S & K Enterprises

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

                        Application for a major subdivision

                        Represented by Michael Falla, PLS

The items outstanding from the March 22, 2007 meeting have all been provided and are now in the file. 

The wetlands have changed between lots 4 and 5, approximately where the first turnaround is.  The original wetland survey was done in February and a follow up was completed in May to correctly mark the wetland boundaries.

There is a question about inspecting the fire cisterns, how often will they need to be inspected, who will do the inspections and what will the cost be for the inspection.  The Fire Chief will be contacted and asked to provide answers to these questions. 

Baum asks about the report done by the wetland scientist completed May 11, 2007.  It does not update the plant list or photos as mentioned in the first report, dated January 10, 2007.   The applicant will ask the wetland scientist to clarify whether the plant list is complete.

Oakes asks if any vernal pools were identified on the site.  Mr. Falla responds that none were found on this site but that there is one on an abutter’s property.

Oakes would like to see more on the test pits that are cited on the property as she states that the soils are very poor and that there should be two test pits per site.  Mr.  Falla explains that the Bowdoinham requirement is one test pit per site unless the limiting factor has been identified as being within eighteen (18) inches of the surface.  Currently there are two test pits identified on lots 5, 7, 8 and 9.  Whitney reads the soils report stating that the remaining lots only required one test pit as the soils were sufficient.   Oakes states that she believes that the soils are poor on this parcel and would like to see two test pits for each proposed lot.  The Code Enforcement Officer states that all Town requirements have been met. 

Whitney motions to accept the application as complete with the condition that the last sentence on page 4 of the wetland report dated May 11, 2007 is clarified by the wetland scientist.  Seconded by Beltramini.

Vote 5-0 in favor, motion passes. 

A Public Hearing is scheduled for June 28, 2007 at 7 pm.  Notices will be sent by the Town and notices placed in the Town and in the Times Record.  The applicant will provide a list of requested waivers in writing by June 28, 2007.  

  1. Cristal Beyersdorfer

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

Application to amend an existing Subdivision, add a lot

Represented by Helen Fox

A new lot configuration with 150 feet of the road frontage has been presented. 

The Fire Chief requests in his letter to the Board, that the driveway be 18 feet wide.  The potential buyer of the property would like to change the entrance of the driveway as it is shown on the current plan.  The surveyor drew the map with privacy in mind, however, the potential purchaser would like to have a driveway that is straighter in order to defray some of the costs. 

Wetlands have been mapped and stream crossings have been identified and defined. 

Whitney motions to accept the application as complete with the condition that the driveway be at least 18 feet wide and that the driveway can be straighter than depicted on the map.  Seconded by Evans.

Vote 5-0 in favor, motion passes.

The soils report is read by Whitney stating that the test pit is adequate for a subsurface system on the property, however, the soils have a classification of D, with a limiting factor of 14 inches.  According to the Subdivision Ordinance (page 51) section 11.6.B.3 – In no instance shall a disposal area be constructed on class D soils.

Mr. Harty, the surveyor of this parcel, asks if the board can waive this condition, arguing that in his opinion this is not a subdivision lot.  The Code Enforcement Officer states that if this lot was not in a subdivision the restriction of a D soils analysis would not apply. 

Mrs. Fox asks if there can be a condition placed on the approval that an adequate test pit be identified before the Board signs the updated Mylar.  The Code Enforcement Officer could read the report and advise the Board of the findings before the plan was recorded with the Registry of Deeds. 

Whitney motions to approve the application for a subdivision amendment to the Bragdon Lots with the condition that a new report from a licensed soils scientist is delivered to the CEO stating that test pits have been identified as adequate for a subsurface waste water system as defined by the Bowdoinham Subdivision Ordinance.  Seconded by Beltramini.

Vote 5-0 in favor, motion passes.   

Item 4:              New Business

Note: Mr. Woofenden has removed himself from the Planning Board table and is now seated in the applicant chairs, he will not be acting as a member of the Planning Board for this application.

A.  Todd Woofenden

                        422 River Road, Bowdoinham / Tax Map R8 Lot 42

                        Application to move over 100 yards of earth, restore a pond

Mr. Woofenden would like to restore a pond that was previously dug on his property.  It has become overgrown throughout the years and he would like to re-establish the pond.  No fish are stocked in the pond.  There is not a fence around the pond.  The pond will be roughly 50 feet across and is not to exceed the original size.  A full sized excavator will be used to do the digging.  The pond will be drained before any digging takes place. 

The applicant would like to have the Fire Chief review the pond and see if it can be used as a fire pond for the area.  The Code Enforcement Officer states that the required slope for a fire pond is 3 to 1.  The Code Enforcement Officer also states that the applicant should contact his insurance company to determine if he will need to add a fence around the pond.  Best management practices for erosion control will need to be followed during and after the project.  The Code Enforcement Officer will monitor erosion control. 

Oakes asks if any of the vegetation in the pond currently will remain.  The applicant hopes to make it a clear pond.

Whitney motions to accept the application as complete for a reclaimed pond. Seconded by Baum.

Vote 5-0 in favor, motion passes.

Whitney motions to accept the application for reclaiming the pond as complete with the following conditions: 

  • 3-1 slope on the banks of the pond
  • Best management practices for erosion control
  • The size will not exceed 50 feet across or the original dimensions of the pond. 

Seconded by Oakes. 

Vote 5-0 in favor, motion passes. 

Todd Woofenden returns to the Planning Board tables. 

  1. Paul Baines

9 Main Street, Bowdoinham / Tax Map U1 Lot 71

Application for Site Plan Review, expand existing building. 

The applicant is seeking to add an addition to a building owned by Fred Haer and located on Main Street near the Mailley Waterfront Park. 

This lot has a zoning line that runs through the lot with General Development on one side and Residential / Agricultural on the other.  Additionally the current building does not meet the Town’s setback requirements of 75 feet from the center of the road and therefore any expansion on either side of the building that fronts the road would require a variance from the Board of Appeals. 

The Planning Board will present this application to the Town’s attorney and determine how to proceed or ask the applicant to first apply for the setback variance with the Board of Appeals. 

Whitney motions to find the application complete.  Seconded by Baum.

Vote 0-5 against the motion, motion fails. 

  1. Wilderness Lane Road Owner’s Association

Wilderness Lane, Bowdoinham / Tax Map R3 Lots 1 through 10

Application to amend a subdivision, change rights of private road access. 

The applicants and Mr. Wayman would like to amend the covenants of the Wilderness Lane Subdivision to absolve lot owners of lots 5 and 6 of any associated costs with the road, Wilderness Lane, as they do not own any frontage on Wilderness Lane and feel that they should not have to share in the financial responsibility of the road.  The covenants of this subdivision require all changes made to the covenants be approved by the Bowdoinham Planning Board. 

The revised covenants would remove the rights to use the road from the owners of lots 5 and 6.

Seven of the 8 lot owners have signed consent forms approving the change.  The missing signature is believed to be obtainable when the lot owner returns from being out of state.    

Whitney motions to approve the application to amend the covenants of the Wilderness Lane Road Owners Association and the plan of Hillside Estates, now known as Wildnerness Lane, with the condition that the final notarized signature be reviewed and found complete by the Code Enforcement Officer.  Seconded by Beltramini. 

Vote 5-0 in favor, motion passes. 

Item 5:              Other Business

Item 6:              Adjourn Meeting

* This meeting was recorded and the recording will be kept at the Town Office.