2010-07-22 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

July 22, 2010 (Approved September 23, 2010)

Members Present: Ellen Baum, Paul Beltramini, Billie Oakes, Bradley Meads, Brent Zachau and Paul Baines

 Staff Present: Nicole Briand- Town Planner

 Item 1:            Call Regular Planning Board Meeting to Order

 Baum called meeting to order at 7 pm.  Meads was appointed a voting member.

 Item 2:             Other Business

 Request to Abandon Fox Lane Subdivision – Spaulding

River Road (Tax Map R11-016)

 Mr. & Mrs. Spaulding stated that they want to abandon the approved subdivision, Fox Lane Subdivision.    Beltramini made a motion to approved abandoning Fox Lane Subdivision. Oakes seconded the motion and all voted in favor.

 Item 3:            New Business

Site Plan Review Application – Scott Libby

112 Pond Road(Tax Map R02, Lot 063)

The application is to amend existing site plan to allow property to be a commercial/light industrial complex.                      

Mr. Libby stated that he is requesting to change the previously approved use of the property to allow the property to become a commercial/light industrial complex that would contain multiple businesses.  He believes that the existing development could easily accommodate the following uses: boat building, boat repair, boat detailing, light manufacturing, manufacturing, storage, business storage, wholesale, woodworking, construction, warehouse, recycling and retail as an accessory use. 

The Board discussed how they should handle permitting for a multi-business complex.  The Board agreed that the Town should have oversight of what businesses are at the property.  Therefore, applications for multi-use properties should be reviewed based on proposed uses and individual businesses should be responsible for obtaining a permit in order to address performance standards that may be specific to their business.  The Board agreed that business complexes when approved shall be approved with the condition that businesses that are categorized under the uses that are accepted for the multi-business complex shall have to obtain a Tier 1 Site Plan Review permit and businesses that do not fall under one of the accepted uses for the complex shall have to obtain a Tier II Site Plan Review permit. 

The Board agreed. 

The Board reviewed the application for completeness.  Mr. Libby requested a waiver for providing the elevations for the existing buildings.  Beltramini made a motion to grant the waiver.  Oakes seconded the motion and all voted in favor.  Zachau made a motion that the application is complete.  Meads seconded the motion and all voted in favor. 

Baum closed the Planning Board meeting and opened the Public Hearing. 

There were no members of the public present. 

Baum closed the Public Hearing and opened the Planning Board meeting. 

The Board discussed the proposed list of uses: boat building/repair/detail, light manufacturing, manufacturing, storage, business storage, wholesale, woodworking, construction, warehouse, recycling and retail as an accessory use.  The Board agreed that they were comfortable with all of the listed uses being approved as a Tier I permit, except for recycling.  It was agreed with Mr. Libby the impact of recycling could vary greatly depending on the type of recycling proposed and this use should be reviewed as a Tier II application should a recycling business want to locate on the property. 

The Board discussed the performance standards and whether or not the project should have to make all of the new performance standards.  The Board agreed that the existing development was developed through previous site plan review process and this application is only amending the existing site plan to add new uses.  

The Board reviewed the approval criteria. 

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

Zachau made a motion that this standard has been adequately met, because the required permit has been obtained for Maine Department of Transportation.  Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because there is adequate existing area on-site for the safe movement of vehicles. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met, because there is adequate existing area on-site for pedestrians. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, according to municipal staff and officials. Oakes seconded the motion 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 and scenic views.

Zachau made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable, because no new lighting is proposed. Oakes seconded the motion 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.

Zachau made a motion that this standard shall be a condition of approval. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because the buildings are existing. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because the existing landscaping is sufficient for this change of use. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because the existing buffering is sufficient for this change of use. Oakes seconded the motion and all voted in favor.

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

      Zachau made a motion that this standard has been adequately met, because the existing utilities are       sufficient.  Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met., because the property is serviced by a private well. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met., because the property contains an existing subsurface wastewater disposal system. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met per statement from the Fire Chief. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because provided the property deed. Oakes seconded the motion and all voted in favor.

  1. Financial Capacity– The applicant has the financial capacity to complete the proposed development.

       Zachau made a motion that this standard has been adequately met, because the development is existing.        Oakes seconded the motion and all voted in favor.          

  1. Technical Ability– The applicant has the technical ability to carry out the proposed development.

        Zachau made a motion that this standard has been adequately met, because the development is existing         Oakes seconded the motion and all voted in favor..       

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

Zachau made a motion that this standard is not applicable because the property is not within the Shoreland Zone. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard is not applicable because the property is not located in the Floodplain. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion and all voted in favor.

  1. Natural Areas – The proposed development will not have an undue adverse effect on rare and irreplaceable natural areas.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion and all voted in favor.

  1. Solid Waste Management– The proposed development will provide for adequate disposal of solid wastes.

Zachau made a motion that this standard has been adequately met, because the property is served by a dumpster. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion 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.

Zachau made a motion that this standard is not applicable because no new development is proposed. Oakes seconded the motion 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.

Zachau made a motion that this standard has been adequately met, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Oakes seconded the motion and all voted in favor.

  1. Compliance with Ordinances– The proposed development conforms with the provisions of this Land Use Ordinance and other ordinances and regulations of the Town of Bowdoinham.

Zachau made a motion that this standard has been adequately met, because proposed use is in compliance. Oakes seconded the motion and all voted in favor.

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

Zachau made a motion that this standard has been adequately met, because proposed use is in compliance. Oakes seconded the motion and all voted in favor.                             

Zachau made a motion to approve the application with the following Conditions of Approval: 

  1. The applicant shall reimburse the Town for noticing costs.
  2. Signage on-site shall meet the performance standard.
  3. Businesses that are categorized as boat building, boat repair, boat detailing, light manufacturing, manufacturing, storage, business storage, wholesale, woodworking, construction and/or warehouse must obtain a Site Plan Review Tier I permit before operating on-site.  Retail may only be considered as an accessory use to these uses for a Site Plan Review Tier I permit.
  4. Businesses others than those listed above in Conditional of Approval #3 must obtain a Site Plan Review Tier II permit before operating on-site.

 

Oakes seconded the motion and all voted in favor.

 Item 4:            Consideration of June 24, 2010 Meeting Minutes

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

 Item 5:            Other Business

                         The Board signed the approval letter and approved site plan for both Kyle Cobb and Maxx Coombs.

                          The Board received a copy of Mr. McPherson’s Submerged Lands Application to the Maine Department of Conservation for his existing marina.

                         The Selectboard has authorized creating a Comprehensive Planning Committee to update the Town’s 2000 Comprehensive Plan. 

 Item 6:            Adjourn Meeting at 9:35 pm.