2011-07-21 Planning Board Meeting Minutes



July 21, 2011 

Members Present: Ellen Baum, Paul Beltramini, Dan Stockford, Paul Baines and Brent Zachau.


Others Present: Nicole Briand-Town Planner, Jenna Pierce-Secretary, Sean Donohue from TRC, Kenneth Fortier from Power Engineers, Inc., John Titus from Burns & McDonnell, and Lloyd Hendrix from CMP.


Item 1:              Call Regular Planning Board Meeting to Order


                        Baum called the meeting to order at 6:02 p.m. and appointed Stockford as voting member.  Baines                         & Zachau are non-voting.


Item 2:              Consideration of April 28th, May 26th and June 23rd Meeting Minutes


The Board decided to table this item as it would be best to approve the meeting minutes at the next meeting to provide adequate time to review all of the meeting minutes.


Item 3:              Old Business


Site Plan Review and Shoreland Zoning Application –

Application: Central Maine Power Company

Property: Tax Map R10, Lot 16

The application is for the construction of a set of transmission towers and poles, in order to separate the two existing 345 kV transmissions lines onto separate towers/poles. 


Present to represent the project: Sean Donohue from TRC, Kenneth Fortier from Power Engineers, Inc., John Titus from Burns & McDonnell, and Lloyd Hendrix from CMP.


The Board reviewed the application for standards.


Shoreland Zoning Performance Standards



1)Minimum LotStandards.




Minimum Lot-   Minimum Area (sq. ft.)    & Shore Frontage (ft.)


  1. Residential per dwelling unit  40,000  & 200


  1. Governmental, Institutional, Commercial or Industrial per principal structure


  1. Within the Shoreland Zone Adjacent to Tidal Areas, Exclusive of Those Areas Zoned for Commercial Fisheries and Maritime Activities-


                       40,000                200


  1. Within the Shoreland Zone Adjacent to Tidal Areas Zoned for Commercial Fisheries and Maritime Activities


  1. Within the Shoreland Zone Adjacent to Non-tidal Areas-                   


  1. Public and Private Recreational Facilities


  1. Land below the normal high-water line of a water body or upland edge of a freshwater or coastal wetland and land beneath rights-of-way and/or easements serving more than two (2) lots shall not be included toward calculating minimum lot area.


  1. Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.


  1. The minimum width of any portion of any lot within one hundred (100) feet, horizontal distance, of the normal high-water line of a water body or upland edge of a freshwater or coastal wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.


  1. If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.


  1. A cluster subdivision may be allowed as permitted in the underlying district provided that the overall dimensional requirements, including frontage and lot area per dwelling unit, are met. When determining whether dimensional requirements are met, only land area within the shoreland zone shall be considered. 


2)Principal and Accessory Structures.


  1. All new principal and accessory structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of water bodies, streams, or the upland edge of a coastal or freshwater wetland, except that in the General Development I District the setback from the normal high-water line shall be at least twenty five (25) feet, horizontal distance, and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

Sent to attorney for review. Briand heard back and the towers are not considered structures for this purpose. Not applicable.

  1. The water body, stream, or freshwater/coastal wetland setback provision shall neither apply to structures which require direct access to the water body or freshwater/coastal wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.


  1. On a non-conforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, stream or freshwater/coastal wetland setbacks, the code enforcement officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed eighty (80) square feet in area nor eight (8) feet in height, and shall be located as far from the shoreline or stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or stream than the principal structure.


  1. Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Limited Commercial, and Stream Protection Districts, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.


  1. The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent flood-plain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this paragraph.

N/A. Only pertains to structures.

  1. The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the General Development District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA, and in the Commercial Fisheries/Maritime Activities District, where lot coverage shall not exceed seventy (70) percent.

CMP to provide information:



  • Total area of non-vegetated surfaces.
  1. Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill provided all of the following conditions are met:


  1. Piers, Docks, Wharves, Bridges and Other Structures and Uses Extending Over or Below the NormalHigh-Water Line of a Water Body or Within a Wetland.


CMP to provide survey for third tower as the proposed construction is a ways out.

  1. Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.




5)Individual Private Campsites.


  1. Commercial and Industrial Uses.


7)Parking Areas.

Before approval, Baines suggested that the base of the construction site be determined as a condition of approval. Guidelines and conditions to be submitted by CMP.



  1. Parking areas shall meet the shoreline and stream setback requirements for structures for the district in which such areas are located, except that in the Commercial Fisheries/Maritime Activities District parking areas shall be set back at least twenty-five (25) feet, horizontal distance, from the shoreline. The setback requirement for parking areas serving public boat launching facilities in Districts other than the General Development I District and Commercial Fisheries/Maritime Activities District shall be no less than fifty (50) feet, horizontal distance, from the shoreline or stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or stream.


  1. Parking areas shall be adequately sized for the proposed use and shall be designed to prevent storm water runoff from flowing directly into a water body, stream or freshwater/coastal wetland and where feasible, to retain all runoff on-site.


  1. In determining the appropriate size of proposed parking facilities, the following shall apply:


  1. Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.


  1. Internal travel aisles: Approximately twenty (20) feet wide.


8)Roads and Driveways.

Use of existing access ways and temporary access ways will be restored.

9)Stream Crossings.

No stream crossings are proposed.


No permanent signage is proposed.

11)Storm Water Runoff.


  1. All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of storm water.

The impervious area for this project will be spread out throughout the property.  After construction the corridor will be maintained in a vegetated shrub-meadow and/or agricultural cover.

  1. Storm water runoff control systems shall be maintained as necessary to ensure proper functioning.

No systems are proposed.

12)Septic Waste Disposal.

Portable toilets will be provided for construction workers.  The location of the portable toilets should be shown along with any improvements that will be required for them as well as the contract with the licensed wastewater hauling contractor that states the number of toilets, quantity (gal/day) provided for, frequency for dumping, disposal location and license information.

CMP indicated that this will be determined during the construction phase and will advise the Town at that time.

13)Essential Services.


  1. Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

CMP is to provided written practical alternatives.

  1. The installation of essential services, other than road-side distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

As proposed the following would be constructed within the Resource Protection District:

  • Tower 375-416
  • Monopole 81/377-161A
  • Tower 81/377-164


Applicant provided statement that no reasonable alternatives exist.


Motion made by Dan Stockford that no reasonable alternative exists as to location of proposed Tower 375-416 and Monopole 81/377-161A (and to hold off on Tower 81/377-64). Baum seconded the motion and all voted in favor.


Waiting on survey for Tower 81/377-164.

  1. Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.


14)Mineral Exploration and Extraction.




16)Timber Harvesting.


17)Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting.

CMP presented information regarding vegetation removal and re-vegetation of cleared areas.

18)Erosion and Sedimentation Control.

CMP said that the contractor would be held to guidelines.


General information and statements are given.  CMP indicated that tests have not been done yet, but they will be conducted this fall or next submittal (for construction phase).

20)Water Quality.

CMP indicated that the hydrologist will send a report of current & potential risks and will present at next meeting to show any possible adverse effects.



No activity shall deposit on or into the ground or discharge to the waters of the State any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, stream or coastal or freshwater wetland.

CMP will provide location of refueling areas during the construction phase.

21)Archaeological Site.

CMP to provide documentation from MHPC.




The Board requested that the additional information and mapping be provided at the next meeting.


Item 4:              New Business


Site Plan Review and Shoreland Zoning Application –

Application: Town of Bowdoinham

Property: Tax Map U01, Lot 071

                        The application is for the construction of a skate park.


Present to represent the application was Nicole Briand, Town Planner, on behalf of the Town of Bowdoinham.


Briand provided background information related to the Town of Bowdoinham approving the construction of the skate park back in 2004-2005. Briand also presented a signed lease agreement from DOT for buffer strip. The estimated time frame for construction to commence is in September/October and to be available for use by next summer.


                        Baines raised the issue of documentation for acting as an Agent for Fred Haer, as the skate park will be on his property. Briand didn’t believe Agent documentation was needed because of the leases in place providing “right, title or interest to property.” Briand is going to look into Agent issue and get back to the board at the next meeting.


                         The Board reviewed the application for completeness.


                        Site Plan Review Application Checklist



All applications for site plan review must contain the following information:


  1. a fully executed and signed copy of the application for development review;


  1. evidence of payment of the application and technical review fees; and

Briand will submit waiver request for non-payment of application fee. Beltramini made a motion to request a waiver. Zachu seconded the motion and all voted in favor.

  1. Eleven (11) copies of written materials plus eleven (11) sets of maps or drawings. The maps or drawings must be at a scale sufficient to allow review of the items listed under approval criteria:


  1. forty (40) feet to the inch is preferred, but in no case shall the scale exceed one hundred (100) feet to the inch for that portion of the tract of land being proposed for development.


  1. General Information.


  1. record owner's name, address, and phone number and applicant's name, address and phone number, if different.


  1. the location of all required building setbacks, yards, and buffers.


  1. names and addresses of all property owners within two hundred (200) feet of any and all property boundaries.


  1. sketch map showing general location of the site within the municipality based upon a reduction of the tax maps.


  1. boundaries of all contiguous property under the total or partial control of the owner or applicant regardless of whether all or part is being developed at this time.


  1. the tax map and lot number of the parcel or parcels on which the project is to be located.


  1. a copy of the deed to the property, an option to purchase the property or other documentation to demonstrate right, title or interest in the property on the part of the applicant.


  1. the name, registration number and seal of the person who prepared the plan, if applicable.


  1. cost of the proposed development.


  1. evidence of the applicant's financial capacity to complete it. This evidence should be in the form of a letter from a bank or other source of financing indicating the name of the project, amount of financing proposed or available, and individual's or institution's interest in financing the project or in the form of a letter from a certified accountant or annual report indicating that the applicant has adequate cash flow to cover anticipated costs.

Baum questioned if Town has capacity to pay for skate park. Briand indicated that the Town collected funds over 6 years ago and committed to finishing the project ($20,000). Stockford suggested that an Annual Report be provided as adequate evidence of financial capacity.

  1. evidence of the applicant's technical capability to carry out the project as proposed.


  1. Existing Conditions Plan including the following:


  1. zoning classification(s), including overlay and/or subdistricts, of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts or subdistricts or abuts a different district.


  1. the bearings and length of all property lines of the property to be developed and the source of this information.


  1. location and size of any existing sewer and water mains, culverts and drains, on-site sewage disposal systems, wells, underground tanks or installations, and power and telephone lines and poles on the property to be developed and on abutting streets or land that may serve the development and an assessment of their adequacy and condition to meet the needs of the proposed use. Appropriate elevations must be provided as necessary to determine the direction of flow.


  1. location, names, and present widths of existing public and/ or private streets and rights - of-way within or adjacent to the proposed development.


  1. The location, dimensions and ground floor elevation of all existing buildings on the site.


  1. the location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.


  1. location of intersecting roads or driveways within two hundred (200) feet of the site.


  1. the location of open drainage courses, wetlands, stonewalls, graveyards, fences, stands of trees, and other important or unique natural areas and site features, including but not limited to, floodplains, deer wintering areas, significant wildlife habitats, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, sand and gravel aquifers, and historic and/ or archaeological resources, together with a description of such features.

Applicant requested waiver. Zachu made a motion to accept waiver. Beltramini seconded the motion and all voted in favor.

  1. the direction of existing surface water drainage across the site, and any off-site drainage facilities that will be used.

Not applicable

  1. the location, front view, dimensions, and lighting of existing signs.

Not applicable

  1. location and dimensions of any existing easements and copies of existing covenants or deed restrictions.

Not applicable

  1. the location of the nearest fire hydrant or other water supply for fire protection.


  1. Proposed Development Activity


  1. estimated demand for water supply and sewage disposal, together with the location and dimensions of all provisions for water supply and wastewater disposal, and evidence of their adequacy for the proposed use, including soils test pit data if on-site sewage disposal is proposed.

Applicant requested waiver for all utilities as none will be provided. Zachu made a motion for a waiver of no utilities. Beltramini seconded the motion and all voted in favor.

  1. the direction of proposed surface water drainage across the site, and from the site, with an assessment of impacts on downstream properties.

Not applicable

  1. provisions for handling all solid wastes, including hazardous and special wastes, and the location and proposed screening of any on-site collection or storage facilities.

Baines raised the issue of the location of the outdoor trash receptacle and requested that the application be amended to remove “location to be determined” and indicate that it cannot be a dumpster.

  1. the location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off-site.

Not applicable

  1. a grading plan showing the existing and proposed topography of the site at two (2) foot contour intervals, or such other interval as the Planning Board may determine

Not applicable

  1. proposed landscaping and buffering.


  1. the location, dimensions, and ground floor elevation of all proposed buildings or building expansion proposed on the site.

Not applicable

  1. location of proposed signs together with the method for securing the sign.

Beltramini made a motion to waive this requirement as long as the Town follows the Town ordinance related to signs. Beltramini seconded the motion and all voted in favor.


  1. location and type of exterior lighting.


  1. the location of all utilities, including fire protection systems.


  1. a general description of the proposed use or activity.


  1. an estimate of the peak hour and daily traffic to be generated by the project.


  1. the existing and proposed method of handling stormwater runoff, erosion and sedimentation control measures, and water quality and/or phosphorous export management provisions.


  1. A written statement from any utility district providing service to the project as to the adequacy of the water supply in terms of quantity and pressure for both domestic and fire flows.

Not applicable

  1. Approval Block. Space must be provided on the plan drawing for the signatures of the Planning Board and date together.





Shoreland Zoning Application Checklist



The applicant shall submit the following number of copies:


  1. For Code Enforcement Officer Review– Two (2) copies


  1. For Planning Board Review – Nine (9) copies


  1. The application shall submit the following information:


  1. Completed application form.


  1. Evidence of right, title or interest in the property.


  1. Copy of the Town’s Assessors Property Map


  1. Evidence of payment of application fee.

Briand will submit waiver request for non-payment of the application fee. Beltramini made a motion to request a waiver. Zachu seconded the motion and all voted in favor.

  1. Site plan of the portion of the parcel with the shoreland zone at a scale of not more than one hundred (100) feet to the inch showing as a minimum:


  1. the name of the owner, north arrow, date and scale;


  1. the boundaries of the parcel


  1. the Shoreland Zone District boundary(s)

Survey to be amended by surveyor and resubmitted.

  1. the required shoreland setback

Not applicable

  1. The major natural features of the property, including wetlands, vernal pools, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats, scenic views or areas, significant geological features, or other important natural features.


  1. Location and dimensions of existing developed areas (non-vegetated areas), such as buildings, driveways, decks/patios and walkways


  1. location of existing subsurface wastewater disposal system, if applicable


  1. existing restrictions or easements on the site;


  1. the location and size of existing utilities or improvements servicing the site;


  1. proposed development including locations of buildings, impervious areas, and non-vegetated areas


  1. a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface sewage disposal system.

Not applicable

  1. Photographs of the site.


A narrative describing how the proposed project meets the Approval Criteria in Section B below and the Performance Standards in Section D below, along with the necessary supporting evidence.



Stockford made a motion to find the application complete. Beltramini seconded the motion and all voted in favor. The Board scheduled a site inspection for August 25th at 6:00 p.m. and a public hearing for April 25th at 7:00 p.m.  


Item 5:              Other Business


                        The Board tabled signing the approval for the Site Plan Review Application for Center of                          Ecological & Cultural Living Arts – David Santillo, as they are awaiting the amended Site                                     Plan.


Item 6:              Next Meeting


  • August 25th


Item 7:              Adjourn Meeting


                        The meeting was adjourned at 8:40 p.m.