2011-01-27 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

January 27, 2011

 

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

 

Others Present:  Nicole Briand-Town Planner, Heather Cox and Dan McKenna

 

 

Item 1:              Call Regular Planning Board meeting to Order

 

Baum called the meeting to order at 7:02 pm and appointed Baines to be a voting member.

 

Item 2:              Consideration of December 16th Meeting Minutes

 

The Board reviewed the Minutes and made two changes.  Baines made a motion to approve the Minutes as amended.  Beltramini seconded the motion and Baum, Beltramini, Baines and Oakes voted in favor.  Zachau abstained because he was not at December’s meeting.

 

Item 3:              Old Business

 

Site Plan Review Tier II Application – Frederick Haer

6 & 9 Main Street (Tax Map U01, Lots 069 & 071)

The application is to classify the property as a commercial complex with multiple uses for multiple businesses.

 

Heather Cox was present to represent Mr. Haer. 

 

The Board discussed the issue of ADA compliance that was brought up at the site walk on Tuesday, January 25th at 4:00pm.  The Board reviewed the Maine Municipal Association’s email regarding ADA compliance, which stated that the issue of ADA compliance was not under the jurisdiction of the Planning Board.  Baines stated that the CEO doesn’t not do the inspection for ADA, however the CEO must have a compliance certification from the Fire Marshall’s Office in order to issue occupancy.

 

The Board reviewed the additional items submitted.  Oakes had a question regarding the agreement with the Masonic Hall for access to three loading docks, because only one access is shown on the plan.  The Board advised Mrs. Cox that there should be a note on the plan references Mr. Haer’s agreement with the Masonic Hall.

 

Baines made a motion to find the application complete.  Beltramini 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 reviewed the application for the performance standards:



 

 

 

  1. Vehicular Access–

Access is existing and no issues have been expressed.
  1. Internal Vehicular Circulation–

The development is existing.  The Board stated that the lease should state the number of parking spaces for that tenant for the purposes of the individual business’ Site Plan Review Permit.
  1. Pedestrian Circulation–

Existing development has been adequate.
  1. Municipal Services–

Letters have been requested and no issues have been identified.
  1. Visual Impact–

Development is existing.
  1. Lighting–

All existing lighting meets the standards.
  1. Signage–

Proposed signage is unknown at this time, therefore the Planning Board will make meeting these standards a conditional of approval for any future signage.
  1. Buildings–

Buildings are existing.
  1. Landscaping–

Development is existing.
  1. Buffering–

Development is existing.

c)  All dumpsters or similar large collection receptacles for trash or other wastes must be screened by fencing or landscaping.

The Planning Board agreed that any new dumpsters shall have to met this standard.
  1. Utilities–

Utilities are existing.
  1. Water Supply–

Development is currently service by public water and the Water District has no issues (please refer to water district letter).
  1. Sewage Disposal–

The property is currently serve with a 750 gal/day septic system.
  1. Fire Protection–

The building contains a sprinkler system and is tested on a quarterly basis.  The applicant has provided copy of their contract renewal with Eastern Fire Services Incorporated. The Fire Chief has no concerns.
  1. Capacity of Applicant– The applicant meets the following criteria:

 
  1. Right, Title and Interest in Property

The applicant owns the property, please refer to deed.
  1. Financial Capacity

The development is existing.
  1. Technical Ability

The development is existing.
  1. Special Resources–

 
  1. Shoreland

A portion of the property is located within the General Development Shoreland Zone.  The Planning Board agreed that the individual businesses shall be responsible for meeting the Shoreland Zone performance standards.
  1. Floodplain

No new development is proposed.
  1. Wetlands & Waterbodies

No new development is proposed.
  1. Historic & Archaeological–

There is no new development proposed the development is existing.
  1. Groundwater–

Not Applicable.
  1. Wildlife Habitat–

There is no new development proposed the development is existing.
  1. Natural Areas–

There is no new development proposed the development is existing.
  1. Environmental Impact–

There is no new development proposed the development is existing.
  1. Solid Waste Management–

The Board agreed that solid waste is the responsibility of the tenant as a condition of approval.
  1. Hazardous, Special & Radioactive Materials–

The Board agreed that this shall be the responsibility of the tenant as a condition of approval.
  1. Air Quality–

There is no new development proposed the development is existing. There is no new development proposed the development is existing.
  1. Water Quality–

There is no new development proposed the development is existing.
  1. All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshall's Office.

The Board agreed that this would be a condition of approval in conjunction with number 23 above.
  1. Stormwater–

There is no new development proposed the development is existing.
  1. Sedimentation & Erosion Control

There is no new development proposed the development is existing.
  1. Noise–

The Board agreed that this shall be the responsibility of the tenant as a condition of approval.

 

 

The Board agreed they would review the application for approval.

 

  1. Vehicular Access– Beltramini made a motion that this standard has been adequately met, because the vehicular access is existing and no concerns have been raised from the Public Works Director or Road Commissioner. Baines seconded the motion and all voted in favor.
  2. Internal Vehicular Circulation– Beltramini made a motion that this standard has been adequately met, because the development is existing and no concerns have been raised. Baines seconded the motion and all voted in favor.
  3. Pedestrian Circulation– Beltramini made a motion that this standard has been adequately met, because the development is existing and no concerns have been raised. Baines seconded the motion and all voted in favor.
  4. Municipal Services– Beltramini made a motion that this standard has been adequately met, because municipal departments and officers have been notified of the project and no municipal concern has been expressed. Baines seconded the motion and all voted in favor.
  5. Visual Impact– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  6. Lighting– Baines made a motion that this standard has been adequately met, because the existing lighting meets the performance standard and no new lighting is proposed. Zachau seconded the motion and all voted in favor.
  7. Signage– Beltramini made a motion that this standard shall be a condition of approval, because any proposed signage must meet the performance standard. Zachau seconded the motion and all voted in favor.
  8. Buildings– Beltramini made a motion that this standard has been adequately met, because the buildings are existing. Baines seconded the motion and all voted in favor.
  9. Landscaping– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  10. Buffering– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Zachau seconded the motion and all voted in favor.
  11. Utilities– Beltramini made a motion that this standard has been adequately met, because it is an existing development. Baines seconded the motion and all voted in favor.
  12. Water Supply– Beltramini made a motion that this standard has been adequately met, because the existing development is currently serviced by the Bowdoinham Water District and the Water District has had no issues with the property.  Please refer to the letter from the Water District's Office Manager, Regina Flower dated December 10, 2010. Baines seconded the motion and all voted in favor.
  13. Sewage Disposal– Beltramini made a motion that this standard has been adequately met, because the property contains an existing subsurface wastewater disposal system that has a capacity of 750 gallons per day. Zachau seconded the motion and all voted in favor.
  14. Fire Protection – Beltramini made a motion that this standard has been adequately met, because the existing development contains a sprinkler system and the Fire Chief has expressed no concern. Baines seconded the motion and all voted in favor.
  15. Capacity of Applicant–
  16. Right, Title and Interest in Property– Beltramini made a motion that this standard has been adequately met, because the applicant owns the property. Baines seconded the motion and all voted in favor.
  17. Financial Capacity– Beltramini made a motion that this standard has been adequately met, because the development is existing. Baines seconded the motion and all voted in favor.
  18. Technical Ability– Beltramini made a motion that this standard has been adequately met, because the development is existing. Baines seconded the motion and all voted in favor.
  19. Special Resources–
  20. Shoreland– Beltramini made a motion that this standard shall be a condition of approval, because the property is located within the General Development Shoreland Zone, the development is existing and there is no new proposed development.  Baines seconded the motion and all voted in favor.
  21. Floodplain– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  22. Wetlands & Waterbodies– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  23. Historic & Archaeological– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  24. Groundwater– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  25. Wildlife Habitat– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  26. Natural Areas – Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  27. Environmental Impact– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  28. Solid Waste Management– Beltramini made a motion that this standard shall be a condition of approval, because solid waste will be the responsibility of the tenant. Baines seconded the motion and all voted in favor.
  29. Hazardous, Special & Radioactive Materials– Beltramini made a motion that this standard shall be a condition of approval, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Baines seconded the motion and all voted in favor.

 

  1. Air Quality– Beltramini made a motion that this standard shall be a condition of approval, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Baines seconded the motion and all voted in favor.
  2. Water Quality– Beltramini made a motion that this standard shall be a condition of approval, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Baines seconded the motion and all voted in favor.
  3. Stormwater– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  4. Sedimentation & Erosion Control– Beltramini made a motion that this standard has been adequately met, because it is an existing development and there is no new proposed development. Baines seconded the motion and all voted in favor.
  5. Noise– Beltramini made a motion that this standard shall be a condition of approval, because the individual businesses shall be responsible to meet this standard when they obtain their Site Plan Review permit. Baines seconded the motion and all voted in favor.
  6. Compliance with Ordinances– Beltramini made a motion that this standard has been adequately met, because the proposed use is in compliance. Baines seconded the motion and all voted in favor.
  7. Town Plans & Vision Statements – Beltramini made a motion that this standard has been adequately met, because thedevelopment is existing. Baines seconded the motion and all voted in favor.

Beltramini made a motion to approve the application  based on the information provided with 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 light manufacturing, manufacturing, warehouse, community center, medical clinic, museum, outdoor recreation, alternative health services, art galley, craft shop, gift shop, financial institution, professional office, publishing/printing, resturant, retail, salon/day spa, service business and/or wholesale business must obtain a Site Plan Review Tier I permit before operating on-site. 
  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.
  5. Tenants disposal of solid waste shall meet the performance standard.
  6. Tenants shall handle, store, and use all materials identified as hazardous, special or radioactive in accordance with the standards of Federal and State agencies.
  7. Tenants shall meet the Noise performance standard.
  8. All businesses located on-site must comply with all applicable Shoreland Zoning standards.

 

Baines seconded the motion and all voted in favor.

 

 

 

 

Item 4:              Other Business

 

Daniel McKenna – Quarry Hill Subdivision

Mr. McKenna stated that he would like to request a waiver from the underground utility requirement and asked the Board what they would need for information. The Board reviewed the information that Mr. McKenna provided and agreed that the information provided with the application as sufficient.  The Board stated that they will review the application at their next meeting and hold a public hearing.

 

Annual Ordinance Review – The Board agreed to wait until the next meeting to finalize their proposed revisions for public hearing in March.

 

Item 5:              Next Meetings

 

  • February 24, 2011
  • March – public hearing for Land Use Ordinance

 

Item 6:              Adjourn Meeting

 

                        The meeting was adjourned at 9:30 pm.