2008-12-18 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

December 18, 2008

Item 1:              Call Regular Planning Board meeting to order at 7:00 pm.

Members Present: Ellen Baum, Paul Beltramini, Billie Oakes, Todd Woofenden, and Brent Zachau

Alternate Members Presents: Paul Baines

Item 2:              Consideration of the November 20th Meeting Minutes

Woofenden made a motion to approve the minutes as amended.  Oakes seconded and all voted in favor.

Item 3:              Old Business

Site Plan Review Application – AT&T Mobility

River Road – Tax Map R11, Lot 007

The application is for a telecommunication tower.

Barry Hobbins, Dan Cabral, and Bob Gashlin are present to represent applicant.

The Board reviewed the additional information provided by the applicant.

New map shows:

  • 10-ft side setback from fence to property line
  • 75-ft front setback
  • 10-ft rear setback
  • Bearing on one boundary of leased area
  • The square footage of the parking area
  • wetlands disturbance of 305 sq. ft.
  • 12-in culverts

Board received memo from Mr. Hobbins regarding the Conditions of Approval.

The Board discussed the applicant’s request for the agency letters to be a condition approval; the letters should be in about ten days.

Vernal Pool letter: Wetland scientist has not performed the review; so this is still in progress.

Specs of generator included. Discussed response procedure in the event of the computer monitor indicating a fault in the generator equipment. Baines requested a document describing the SOP for response.

Key to the compound will be provided to town and Sheriff’s Department. Applicant will comply with the requirement that work be substantially started within 12 months; will have applicable permits; Entrance Permit has been issued by DOT. 

Public Safety utilization: submitted guidelines document that they follow for this. Baines asked if there were any expiration date. Applicant indicated that there is none. Each of the two entities (Town and/or Sherrif’s Department) can install one antenna.

Fire chief has submitted a letter indicating no objection to the road width as indicated in the plan.

Abandonment issue: Lease agreement copy is in the application. Woofenden expressed the view that the Town’s ordinance does not adequately protect the Town’s interests in this regard, and should be amended to include language requiring the removal of unused towers.

Board reviewed the project based on the Approval Criteria:

  1. Vehicular Access – The proposed site layout will provide for safe access to and egress from public and private roads.

Woofenden made a motion that this criteria has been met, because Maine Department of Transportation has approved this project.  Oakes seconded and all voted in favor.

  1. Internal Vehicular Circulation – The proposed site layout will provide for the safe movement of passenger, service, and emergency vehicles through the site.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor. 

  1. Pedestrian Circulation – The proposed site layout will provide for safe pedestrian circulation both on-site and off-site.

Woofenden made a motion that this criteria is not applicable due to the type of development.  Oakes seconded and all voted in favor.

  1. Municipal Services – The development will not have an unreasonable adverse impact on municipal services, including municipal road systems, fire department, solid waste program schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

Woofenden made a motion that this criteria has been met, because no concerns have been express by any of the Town’s Departments.  Oakes seconded and all voted in favor.

  1. Visual Impact – The proposed development will not have an adverse effect on the scenic or natural beauty of the area, including water views, sites or rare and irreplaceable natural areas.

The proposed development meets the general performance standard, except that a letter has not been received from Maine Natural Areas Program.

Woofenden made a motion that this criteria shall be a Condition of Approval to ensure that this criteria is met.  Oakes seconded and all voted in favor.

  1. Lighting – All exterior lighting will be designed to avoid undue glare, adverse impact on neighboring properties and rights-of-ways, and the unnecessary lighting of the night sky.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Signage – The proposed signage will not detract from the design of the proposed development and the surrounding properties and will not constitute hazards to vehicles and pedestrians.

Woofenden made a motion that this criteria is not applicable as no signage  is proposed.  Oakes seconded and all voted in favor.

  1. Buildings – The proposed structures will relate harmoniously to the terrain and to existing buildings in the vicinity, so as to have a minimally adverse effect on the environmental and aesthetic qualities of the neighboring areas.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Landscaping – The proposed development will provide adequate landscaping in order to define, soften, and/or screen the appearance of parking and developed areas as well as to enhance the physical design of the buildings and the overall development.

Woofenden made a motion that this criteria is not applicable due to the location of the development and natural buffering on.  Oakes seconded and all voted in favor.

  1. Buffering – The proposed development will provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas.

Woofenden made a motion that this criteria is not applicable due to the location of the development and natural buffering on.  Oakes seconded and all voted in favor.

  1. Utilities – The proposed development will not impose an unreasonable burden on existing utilities.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Water Supply – The proposed development will be provided with an adequate supply of water.

Woofenden made a motion that this criteria is not applicable due to the type of development.  Oakes seconded and all voted in favor.

  1. Sewage Disposal – The proposed development will be provided with adequate sewage waste disposal. 

Woofenden made a motion that this criteria is not applicable due to the type of development.  Oakes seconded and all voted in favor.

  1. Fire Protection – The proposed development will have adequate fire protection.

Woofenden made a motion that this criteria has been met, because Fire Chief’s memo dated November 24, 2008 states that there are no concerns.  Oakes seconded and all voted in favor

  1. Capacity of Applicant – The applicant meets the following criteria:
  2. Right, Title and Interest in Property – The applicant has the right, title and interest in the property.
  3. Financial Capacity – The applicant has the financial capacity to complete the proposed development.
  4. Technical Ability – The applicant has the technical ability to carry out the proposed development.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Special Resources
  2. Shoreland – The proposed development will be in compliance with the Town’s Shoreland Zoning Ordinance. 

Woofenden made a motion that this criteria is not applicable as the project is not located with the Shoreland Zone.  Oakes seconded and all voted in favor.

  1. Floodplain – The proposed development will be in compliance with the Town’s Floodplain Management Ordinance. 

Woofenden made a motion that this criteria is not applicable as the project is not located with the Floodplain.  Oakes seconded and all voted in favor.

  1. Wetlands & Waterbodies – The proposed development will not have an adverse impact on wetlands and/or waterbodies, to the extent that is practicable. 

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Historic & Archaeological – The proposed development will not have an adverse effect on historic and/or archaeological sites. 

A letter has not been received from Maine Historic Preservation Commission.

Woofenden made a motion that this criteria shall be a Condition of Approval to ensure that this criteria is met.  Oakes seconded and all voted in favor.

  1. Groundwater – The proposed development will not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems.

Woofenden made a motion that this criteria is not applicable due to the type of development.  Oakes seconded and all voted in favor.

  1. Wildlife Habitat – The proposed development will not have an unreasonable adverse impact on wildlife habitat.

A letter has not been received from Maine Department of Inland Fisheries & Wildlife.

Woofenden made a motion that this criteria shall be a Condition of Approval to ensure that this criteria is met.  Oakes seconded and all voted in favor.

  1. Environmental Impact – The landscape will be preserved in its natural state to the extent that is practical by minimizing tree removal, disturbance of soil and retaining existing vegetation.
  2. Solid Waste Management – The proposed development will provide for adequate disposal of solid wastes.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Hazardous, Special & Radioactive Materials – The proposed development will handle, store, and use all materials identified as hazardous, special or radioactive in accordance with the standards of Federal and State agencies. 

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Air Quality – The proposed development will not result in undue air pollution or odors.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Water Quality – The proposed development will not result in water pollution. 

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Stormwater – The proposed development will provide for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other impervious surfaces, which must not have an adverse impact on abutting or downstream properties.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Sedimentation & Erosion Control – The proposed development will take adequate measures to prevent soil erosion and the sedimentation of watercourses and waterbodies.

Woofenden made a motion that this criteria shall be a condition of approval.  Oakes seconded and all voted in favor.

  1. Noise – The proposed development will control noise levels so that it will not create a nuisance for neighboring properties.

Woofenden made a motion that this criteria has been met, because the proposed development meets the general performance standards.  Oakes seconded and all voted in favor.

  1. Compliance with Ordinances – The proposed development will address provisions of all applicable regulations and ordinances of the Town Of Bowdoinham. 

Woofenden made a motion that this criteria has been met.  Oakes seconded and all voted in favor.

  1. Town Plans & Vision Statements – The proposed development will be consistent with the intent of the Town’s Plans, including but not limited to the Comprehensive Plan, Waterfront Plan, and Transportation Vision Statement. 

Woofenden made a motion that this criteria has been met.  Oakes seconded and all voted in favor.                                                               

Woofenden made a motion to approve the project with the following Conditions of Approval:

  1. Erosion & sedimentation controls shall be used.
  2. The Code Enforcement Officer shall not issue the Building Permit until a letter is received from Maine Department of Inland Fisheries & Wildlife stating that this project will have no effect and/or there is nothing found in the vicinity of the project.  However, if the letter from Maine Department of Inland Fisheries & Wildlife raises any issues, then the project must come back to the Planning Board to review the issues raised.
  3. The Code Enforcement Officer shall not issue the Building Permit until a letter is received from Maine Historic Preservation Commission stating that this project will have no effect and/or there is nothing found in the vicinity of the project.  However, if the letter from Maine Historic Preservation Commission raises any issues, then the project must come back to the Planning Board to review the issues raised.
  4. The Code Enforcement Officer shall not issue the Building Permit until a letter is received from Maine Natural Areas Program stating that this project will have no effect and/or there is nothing found in the vicinity of the project.  However, if the letter from Maine Natural Areas Program raises any issues, then the project must come back to the Planning Board to review the issues raised.
  5. The Code Enforcement Officer shall not issue the Building Permit until a letter is received from the professional who conducted the vernal pool survey.  The letter shall address whether or not any vernal pools were found on-site and the location of such vernal pools.
  6. AT&T Mobility shall provide space to the Town of Bowdoinham and/or the Sagadahoc County Sheriff’s Department in accordance with the letter from Barry J. Hobbins, Law Offices of Barry J. Hobbins, P.A. dated December 18, 2008.

  Oakes seconded and all voted in favor.

Item 7:              Adjourn Meeting at 8:10 pm