2009-02-26 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

February 26, 2009 - Approved

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

Members Present:  Ellen Baum-Chair, Paul Beltramini, Billie Oakes, Todd Woofenden, Brent Zachau, Paul Baines-Alternate, and Bill Shippen-Alternate.

Voting members to be: Ellen Baum, Paul Beltramini, Billie Oakes, Todd Woofenden, and Brent Zachau

Members of the Public Present:  Robert Curtis, Don Oakes, Tony Cox, Lynn Spiro

Item 2:              Consideration of the December 18, 2008 Meeting Minutes

Woofenden made a motion to approve the minutes.  Zachau seconded and all voted in favor.

Item 3:Old Business

                        Members signed the Site Plan Review Approval Letter for Tax Map R11, Lot 007.

Item 4:New Business

Expansion of a Non-conforming Use/Building – Haer

9 Main Street– Tax Map U01, Lot 069

The application is for an Expansion of a Non-conforming Use per and Land Use Regulation & Shoreland Zoning Ordinance and for an Expansion of a Non-conforming Structure per the Shoreland Zoning Ordinance.  The project consists of replacing the building flat roof with a pitched roof.

Baines stated that he rents space from the applicant.  Baum stated that Baines is a non-voting member, so he can comment with the Board.

Fred Haer, the owner/applicant explains that the project consists of replacing the building flat roof with a pitched roof.  The project has already begun because he did not realize that he needed a permit to replace his roof.

Briand explained that theapplication before the Board is for the following two permits:

  1. Land Use Regulation & Shoreland Zoning Ordinance.  Section 1-108.B of the Land Use Regulation & Shoreland Zoning Ordinance states, “no such non-conforming use may be expanded without a permit from the Planning Board in accordance with the provisions of Section 1-112 subsection 6, paragraphs a-i of this Ordinance.” 
  2. Shoreland Zoning Ordinance.  Section 12.C.1 of the Shoreland Zoning Ordinance states, “a non‑conforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the non‑conformity of the structure.”  According to Section 14, Table 1: Land Uses in the Shoreland Zone, Number 15.C, Commercial Structures require a permit from the Planning Board in Limited Commercial District. 

Briand stated that the applicant has also filed a Tier I Site Plan Review Permit for the expansion of the commercial structure.  Only a Tier I application is required because there is no additional floor area being created.

Board reviewed the application for completeness.  Briand stated that the first page of the deed was missing.  Shippen asked for a copy of the recorded plan.  Woofenden made a motion to find the application complete with the condition that a copy of the complete deed and a copy of the recorded plan (Plan Book 33, Page 4) be submitted for the file.  Zachau seconded and all voted in favor.

Baum opened the public hearing.

Don Oakes asked if the application could be reviewed as correcting a design deficiency (the building having a flat roof). Baum agreed that replacing the roof with a pitched roof was correcting a design deficiency, but added that the ordinance does not make such exemptions.

Lynn Spiro asked how the work got so far and stated that she was not happy that work was stopped, as work should have been able to be finished. Haer explained that he questioned whether or not a permit was needed and this has been an ongoing issue.

Baum closed the public hearing and asked for Board questions.

Oakes asked what the height of the building would be. Haer stated 31.6 feet high.

Baines asked what was happening with the handicapped ramp. Haer stated that they were placing a roof over the ramp. Woofenden stated that the covering of the existing ramp does not increase the footprint of the structure.

Shippen asked about stormwater.  Haer stated that there would be down spouts. Shippen asked if that would create an erosion problem.  Baines stated the down spouts lead to a grassed area that is about 20-ft wide.

Board reviewed the performance standards from the Land Use Regulation & Shoreland Zoning Ordinance, Section 1-111:

A.        Agriculture.                   Does not apply.

B.         Beach Construction.     Does not apply.

C.        Campgrounds.              Does not apply.

D.        Clearing.                       Does not apply.

E.         Erosion & Sedimentation Control.         The project does not involve any soil disturbance, so this does not apply.

F.         Mineral Exploration.     Does not apply.

G.        Piers, Docks…..           Does not apply.

H.        Lot Standards.              The property is a non-conforming lot and the building is a non-conforming building.

I.          RoadConstruction.       Does not apply.

J.          Subsurface Sewage Disposal.   The property is served by an existing subsurface wastewater disposal system.

K.        Signs.               Signage will not be affected by the proposed project.

L.         Soils.                This standard does not apply, as the development is existing.

M.        Structures.        The structure is an existing, non-conforming structure, the project only consists of replacing the roof on this structure.

N.        Timber Harvesting.       Does not apply.

O.        Water Quality Protection.         The replacement of the rood will not affect water quality.

P.         Marinas.           Does not apply.

Board reviewed the performance standards from Shoreland Zoning Ordinance, Section 15:

A.        Minimum Lot Standards.           The property is a non-conforming lot and the building is a non-conforming building.

B.         Principle & Accessory Structures.        

  1. The structure is an existing, non-conforming structure, the project only consists of replacing the roof on this structure.
  2. The building will not exceed 35 ft in height with the proposed roof.
  3. The replacement of the building’s roof will not affect the floodplain.
  4. The property does not conform to this requirement.  Replacing the roof will not increase the coverage area.
  5. Does not apply.

C.        Piers, Docks…..Does not apply.

D.        Campgrounds.  Does not apply.

E.         Individual Private Campsites.    Does not apply.

F.         Commercial & Industrial Uses.Does not apply.

G.        Parking Areas.  No change is proposed for the parking areas.

H.        Roads & Driveways.    Does not apply.

I.          Signs.               Signage will not be affected by the proposed project.

J.          Storm Water Runoff.    The roof has been designed so that the majority of the storm water flows to the vegetated portion of the property instead of the roadway, for better treatment of the stormwater.

K.        Septic Waste Disposal.The property is served by an existing subsurface wastewater

disposal system.

L.         Essential Services.        Does not apply.

M.        Mineral Exploration & Extraction.         Does not apply.

N.        Agriculture.                   Does not apply.

O.        Timber Harvesting.       Does not apply.

P.         Clearing of Vegetation.Does not apply.

Q.        Erosion & Sedimentation Control.         The project does not involve any soil disturbance, so this does not apply.

R.         Soils.                            This standard does not apply, as the development is existing.

S.         Water Quality. The replacement of the rood will not affect water quality.

T.         Archaeological Sites.    The replacement of the rood will not affect an archaeological sties.

Board reviewed the Approval Criteria from the Land Use Regulation & Shoreland Zoning Ordinance.

1.         Will not result in unsafe and unhealthful conditions.

Woofenden made a motion that this criteria has been met because the replacement of a roof will not result in unsafe and unhealthful conditions. Oakes seconded and all voted in favor.

2.         Will not result in erosion or sedimentation.

Woofenden made a motion that this criteria has been met because the project does not involve any soil disturbance. Oakes seconded and all voted in favor.

3.         Will not result in water pollution.

Woofenden made a motion that this criteria has been met because the replacement of a roof will not result in water pollution. Oakes seconded and all voted in favor.

4.         Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat.

Woofenden made a motion that this criteria has been met because the replacement of a roof will not result in to spawning grounds, fish, aquatic life, bird and other wildlife habitat. Oakes seconded and all voted in favor.

5.         Will conserve shoreland vegetation.

Woofenden made a motion that this criteria has been met because the replacement of a roof will not affect shoreland vegetation. Oakes seconded and all voted in favor.

6.         Will conserve visual points of access to waters as viewed from public facilities.

Woofenden made a motion that this criteria has been met because the Town’s Waterfront Park is located between the Cathance River and the subject property. Oakes seconded and all voted in favor.

7.         Will conserve actual points of public access to waters.

Woofenden made a motion that this criteria has been met because the proposed project will not affect the actual points of public access to waters. Oakes seconded and all voted in favor.

8.         Will conserve natural beauty.

Woofenden made a motion that this criteria has been met because the proposed project will not affect the natural beauty, as the land is already developed. Oakes seconded and all voted in favor.

9.         Will avoid problems associated with flood plain development and use.

Woofenden made a motion that this criteria has been met because the replacement of the building’s roof will not affect the floodplain. Oakes seconded and all voted in favor.

Board reviewed the Approval Criteria from the Shoreland Zoning Ordinance.

1.         Will maintain safe and healthful conditions;

Woofenden made a motion that this criteria has been met because the replacement of a roof will maintain safe and healthful conditions. Oakes seconded and all voted in favor.

2.         Will not result in water pollution, erosion or sedimentation to surface waters;

Woofenden made a motion that this criteria has been met because the replacement of a roof will not result in water pollution. The project does not involve any soil disturbance. Oakes seconded and all voted in favor.

3.         Will adequately provide for the disposal of all wastewater;

Woofenden made a motion that this criteria has been met because the existing subsurface wastewater disposal system will continue to be used, the replacement on the roof will not affect its usage. Oakes seconded and all voted in favor.

4.         Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Woofenden made a motion that this criteria has been met because the replacement of a roof will not adversely impact spawning grounds, fish, aquatic life, bird and other wildlife habitat. Oakes seconded and all voted in favor.

5.         Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

Woofenden made a motion that this criteria has been met because the Town’s Waterfront Park is located between the Cathance River and the subject property. Oakes seconded and all voted in favor.

6.         Will protect archaeological and historic resources as designated in the comprehensive plan;

Woofenden made a motion that this criteria has been met because the replacement of the roof will not affect archeological or historic resources as the property is already developed. Oakes seconded and all voted in favor.

7.         Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district;

Woofenden made a motion that this criteria has been met because the replacement of the roof will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district. Oakes seconded and all voted in favor.

8.         Will avoid problems associated with flood plain development and use; and

Woofenden made a motion that this criteria has been met because the replacement of the building’s roof will not affect the floodplain. Oakes seconded and all voted in favor.         

9.         Is in conformance with the provisions of Section 15, Land Use Standards.

Woofenden made a motion that this criteria has been met because the project is in conformance with the provisions of Section 15. Oakes seconded and all voted in favor.

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

  1. a copy of the complete deed be submitted for the file and 
  2. a copy of the recorded plan (Plan Book 33, Page 4) be submitted for the file. 

Oakes seconded and all voted in favor.

Item 5:              Other Business

Woofenden made a motion to establish the Public Hearings for the Land Use Planning Committee on Wednesday, March 18th and Wednesday, March 25th at 6:30pm.  Beltramini seconded and all voted in favor.

Item 6:              Adjourn Meeting at 8:05pm.