2009-11-19 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

November 19, 2009 - Approved

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

Members Present: Ellen Baum, Paul Beltramini, Bill Shippen, Billie Oakes, and Brent Zachau

Alternate Members Present: Bradley Meads

Item 2:              Consideration of Meeting Minutes

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

Item 4:New Business

Shoreland Zoning Application  – Findley

598 Browns Point Road

The application is for over 100 cu yd of fill within the Shoreland Zone for the installation of rip-rip to stabilize the shoreline.

Joe LeBlanc was present to represent the property owner.  He gave the Board an update about the site visit with Maine Department of Environmental Protection.

The Board reviewed the application for completeness:

  • The Board discussed the submission waiver requests. 

Item v. – Shippen is comfortable with plan submitted as along as there is a pin in the field to mark the property lines. The Board agreed that 10-ft setback from pin shall be a condition of approval.  Shippen motion that waive requirement with the condition that property marker be flagged and 10-ft setback be maintained.  Zachau seconded the motion and all voted in favor.  Oakes made a motion that showing only affected area on site plan is okay due to type project.  Shippen seconded the motion and all voted in favor.

Item v.A - Baum made a motion to approve waiver because only the Kelley boundary is affected and it is shown on the site plan.

v.C. Shippen motion to approve waiver because the project is located on the shoreline and the location of the interior shoreland zone is not necessary. Oakes seconded the motion and all voted in favor.

v.E. The Board discussed whether or not the location of the wetland is needed.  The Board agreed the wetland mapping is not needed because the project is taking place within a coastal wetland.  Beltramini made a motion to approve waiver because the map identifies features that are impacted by the project.  Baum seconded the motion and all voted in favor.

v.F. Shippen made a motion to approve the waiver because the project is located outside the scope of those features and those features will not be impacted by the project and the map identifies features that are impacted.  Oakes seconded the motion and all voted in favor.

v.H. The Board agreed that the easement description was given so a waiver is not required.

v.I  The Board agreed that the plan shows no utilities in area of project.

Beltramini made a motion that the application is complete.  Zachau seconded the motion and all voted in favor.

Baum opened the public hearing at 7:40pm.  There were no members of the public present. Baum closed the public hearing.

The Board reviewed the application.

  • The Board agreed that if the project was going to involve the removal of trees then the project would have to maintain the required points per Performance Standard 17: Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting in Article 7, Section D, Performance Standards of the Land Use Ordinance.
  • The Board asked how the construction will take place? Mr. LeBlanc stated that in would take place in winter when ground is frozen.  The contractor will use a front end loader with metal track and trucks for hauling.  They will need to create one area (left of building when looking up from shore) for the use of a temporary ramp.

The Board reviewed the Approval Criteria:

  1. Will maintain safe and healthful conditions.  

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project is going to greatly reduce the erosion of the shoreline and stabilize the shoreline.  Oakes seconded the motion and all voted in favor.

  1. Will not result in water pollution.

Beltramini made a motion that the standards for this section have been adequately met, because the project poses no threat of water pollution. Shippen seconded the motion and all voted in favor.

  1. Will provide adequate provisions for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other impervious surfaces.

Beltramini made a motion that the standards for this section are not applicable, because the proposed project does not include the creation of impervious surface. Oakes seconded the motion and all voted in favor.

  1. Will take adequate measures to prevent soil erosion and the sedimentation of watercourses and waterbodies.  

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project is going to greatly reduce the erosion of the shoreline by stabilization the bank and erosion/sedimentation controls shall be used in construction.  Oakes seconded the motion and all voted in favor.

  1. Will take adequate measures to avoid and to minimize having an adverse effect on wetlands and/or waterbodies.

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project is going to greatly reduce the erosion of the shoreline by stabilizating the bank. Oakes seconded the motion and all voted in favor.

  1. Will provide for the disposal of all wastewater in accordance with the State of Maine Subsurface Wastewater Disposal Rules.

Beltramini made a motion that the standards for this section are not applicable, because the project does not involve Subsurface Wastewater Disposal Rules. Oakes seconded the motion and all voted in favor.

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

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project has to obtain approval from Maine Department of Environmental Protection, which includes a sign off by Maine Department of Inland Fisheries and Wildlife. Oakes seconded the motion and all voted in favor.

  1. Will conserve natural, native vegetation along the shoreline.

Beltramini made a motion that the standards for this section have been adequately met, because the purpose of the proposed project is to stabilize the shoreline and prevent the additional loss of vegetation in the future. Zachau seconded the motion and all voted in favor.

  1. Will conserve visual corridors.

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project will not affect the visual corridors. Oakes seconded the motion and all voted in favor.

  1. Will conserve access to inland and coastal waters.

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project will not affect access to inland and coastal waters. Oakes seconded the motion and all voted in favor.

  1. Will not have an adverse effect on historic and/or archaeological sites.

Beltramini made a motion that the standards for this section have been adequately met, because the proposed project has to obtain approval from Maine Department of Environmental Protection, which includes a sign off by Maine Historic Preservation Commission. Zachau seconded the motion and all voted in favor.

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

Beltramini made a motion that the standards for this section have been adequately met, because the project is not located in the Commercial Fisheries/Maritime Activities district.  The proposed project has to obtain approval from Maine Department of Environmental Protection, which includes a sign off by Maine Department of Inland Fisheries and Wildlife. Oakes seconded the motion and all voted in favor.

  1. Will be in compliance with the Town’s Floodplain Management provisions.

Beltramini made a motion that the standards for this section have been adequately met, because a Floodplain Management permit has been obtained for this project. Oakes seconded the motion and all voted in favor.

  1. Will be in conformance with the provisions of Article 7, Section D, Performance Standards.

Beltramini made a motion that the standards for this section have been adequately met, because the project must adhere to these performance standards. Oakes seconded the motion and all voted in favor.

Oakes made a motion to approve this Shoreland Zoning application with the following conditions of approval:

  1. The proper permits must be obtained from the State of Maine.
  2. The Applicant shall reimburse the Town for all required advertising costs.
  3. Erosion & Sediment Control measures must be installed according to Maine Erosion and Sediment Control BMPS, dated March 2003 as required by 38 M.R.S.A. §420-C prior to the commencement of any earthmoving activity
  4. The project must adhere to Article 7, Section D, Performance Standards of the Land Use Ordinance.
    1. The project must meet Performance Standard 17: Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.
  5. The project must be carried out when the ground is frozen.
  6. The property line that is shared with the Kelley property shall be flagged near the shoreline and the rip-rap shall be setback at least 10-ft from the property line.

Zachau seconded the motion and all voted in favor.

Item 5:              Other Business

Shippen gave the Board a presentation on deeds including types of deeds and what type of information in found in deeds.

Item 6:              Adjourn Meeting at 9:05 pm.