2011-08-25 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

AUGUST 25, 2011 

Members Present: Ellen Baum, Dan Stockford, Brent Zachau, Bill Shippen and Nate Drummond.

 

Others Present: Nicole Briand-Town Planner, Jenna Pierce-Secretary, Mark Carlson, Daniel McKenna, Sean Donohue from TRC and Kenneth Fortier from Power Engineers, Inc. from CMP.

 

Item 1:              Site Inspection at 6 Main Street at 6:00 p.m.

                        Application: Town of Bowdoinham - Skatepark

                        Property: Tax Map U01, Lot 071

 

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

 

                        Others Present: Nicole Briand-Town Planner, Jenna Pierce-Secretary, and Mark Carlson.

 

                        Briand was present to represent the Town of Bowdoinham.

 

                        Briand showed the boundary lines proposed in the conceptual design for the construction of the skatepark. The pre-construction phase will require a 4 foot base of fill to be added all trees and shrubs will need to be removed, and DOT will need to remove one telephone pole according to Acorn Engineering. Landscaping and fencing will be replaced once the skatepark has been constructed to provide a buffer. Drainage will also be improved as the current ditch in place is not running and will be redone to be a drainage ditch. There will be two walkways to act as access points.  Mr. Carlson expressed his desire to keep the maple tree and concerns relating to the location of the skatepark and the removal of trees and shrubs.

 

                        Site visit finished at 6:20 p.m.

 

Item 2:              Call Regular Planning Board Meeting to Order

                       

                        Baum called the meeting to order at 6:55 p.m. with Shippen, Stockford, and Zachau present.

 

                        Baum appointed Stockford as a voting member.

 

Item 3:              Consideration of April 28th, June 23rd, and July 21stMeeting Minutes

 

                        The Board reviewed the Minutes and made a few changes.

 

                        Shippen made a motion to approve April’s minutes, as amended. Zachau seconded the motion and Baum, Shippen, and Zachau voted in favor. Stockford abstained because he was not at April’s meeting.

 

Shippen made a motion to approve June’s minutes, as amended. Zachau seconded the motion and Stockford, Shippen, and Zachau voted in favor. Baum abstained because she was not a June’s meeting.

                        Baum made a motion to approve July’s minutes, as amended. Stockford seconded the motion and Baum, Stockford, and Zachau voted in favor. Shippen abstained because he was not at July’s meeting.

                       

Item 4:              New Business

 

                        Subdivision Amendment Application

                        Application: Daniel McKenna

                        Quarry Hill Subdivision

                        Pond Road, Tax Map R02, Lots 64-1, 64-2, 64-3, and 64-4

                        The applicant is requesting a waiver of the requirement for underground utilities.

 

                        Mr. McKenna was present to request that the Board re-approve the application that was originally approved by the Board at the February 24, 2011 meeting because he did not register the site plan. The Board reviewed the application and determined that they did not need any additional information.

 

                        Shippen made a motion to approve the waiver request. Zachau seconded the motion and Shippen, Zachau, Baum, and Stockford voted in favor.

 

                        The Board signed the approval letter and site plan for the project.

 

Item 5:              Old Business

 

                        Site Plan Review and Shoreland Zoning Application-

                        Application: Town of Bowdoinham

                        Property: Tax Map U01, Lot 071

                        Project Description: The application is for the construction of a skatepark.

 

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

           

                        Baum closed the Planning Board meeting and opened the public hearing at 7:03 p.m. Mr. Carlson, whose property line is approximately 80 feet from the proposed skatepark, was present and expressed his concerns with the location of the skatepark, the visual impact it will have due to vegetation removal, and potential noise.

 

                        Baum closed the public hearing and opened the Planning Board meeting at 7:08 p.m.

 

                        Drummond arrived at 7:08 p.m.

 

                        Baum appointed Drummond as a voting member for this application.

 

                        The Board reviewed and discussed the application and items provided by Briand that were needed to complete the application. The Board discussed Mr. Carlson’s concerns and issues relating 1) to the types of plants, shrubs, and trees that would be planted to provide a visual and sound buffer for Mr. Carlson; 2) the status of the actual design of the skatepark and if the amount of impacted area could be reduced or if the proposed development of 10,000 square feet could be reduced; 3) the type or style fence that would be provided as a buffer from Mr. Carlson’s property; and 4) if the project could wait for more sufficient funding before proceeding with the pre-construction phase this fall and the types of fundraising/donations proposed to raise the additional $30,000-$40,000 to complete the project.

 

The Board reviewed the application for general performance standards (starting where they left off at in July’s meeting - Pedestrian Circulation (page 6)):

 

 

 

  1. Vehicular Access

 

  1. Adequacy of Road System - Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development. A Traffic Impact Study may be required by the Planning Board if deemed necessary by the Director of Public Works or the Road Commissioner.

The skatepark will not create a large volume of vehicular traffic. 

  1. Access into the Site - Vehicular access to and from the development must be safe and convenient.

No new access is proposed.

  1. Accessway Location and Spacing -

No new access ways are proposed.

  1. Internal Vehicular Circulation

 

  1. All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grading and tree removal, and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.

No roadways are proposed.

  1. Proposed developments that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for the largest expected vehicles.

The proposed skatepark will not be served by delivery trucks.

  1. Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).

No building is proposed.

  1. The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the parking lot. 

No new parking areas are proposed.  Parking is available in existing parking areas.

  1. Off-street parking must conform to the following standards:

No new parking areas are proposed.  Parking is available at the Mailly Waterfront Park.

  1. Pedestrian Circulation

Pedestrians can easily walk along Main Street to the skatepark.

  1. The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development.

The current plan doesn’t provide for walkways but fundraising may take place for brick/stone pathway.

  1. Municipal Services

 

A letter shall be requested from the appropriate Town Officials to address that 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.

No municipal concern has been expressed. Briand sent letters.

  1. Visual Impact

 

  1. When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that it fits harmoniously into the visual environment when viewed by the public from public areas. In predominantly natural environments, site clearing must be minimized and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed environments, the appearance of the new development, when viewed by the public from public areas, must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.

The skatepark has to be built up from the existing grade to allow for a proper base to the skatepark.  The finished elevation of the park will be in line with the existing septic system and railroad corridor.

 

The Board addressed the “visual impact” issue. The Board agreed the park was designed to fit to maximum extent possible due to soils.

  1. When a proposed development is located within the viewshed of an identified view from a public street or facility, the development must be designed to minimize the encroachment of all buildings, structures, landscaping, and other site features on the identified view.

The skatepark will not be located in an identified view.

 

 

  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.

No exterior lighting is proposed.

Briand indicated that it will be a “skate as your own risk” park due to liability insurance reasons.

  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.

The details regarding a proposed sign are not known at this time, but any sign will meet the perforrmance standards.

  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.

No buildings are proposed.

  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.

Landscaping is proposed to buffer Mr. Carlson's property.  The type of plants/trees will be dependent on conditions and funding.  Minimum tree size will be 6-ft.

Briand to obtain Plan with name and address of the engineer.

 

 

  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.

Landscaping & fencing are proposed.

  1. Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.

 

  1. Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse must have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.

There will be no storage areas or exposed machinery.

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

A trash receptacle may be used or the Town get extend its carry in, carry out policy as used for waterfront park.  If a trash can is used it will be places within the park area.

  1. The Planning Board may require buffering from impervious areas located adjacent to residential uses.

 

 

 

  1. Utilities –The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

No utilities are proposed.

 

 

  1. Water Supply

No water is proposed for the skatepark.

  1. Sewage Disposal

Portable toilets are available for use at Mailly Waterfront Park.

 

 

  1. Fire Protection– The proposed development will have adequate fire protection as determined by the Fire Chief and State Fire Marshal’s Office.

Given the type of development, fire protection is not necessary.

  1. Capacity of Applicant – The applicant meets the following criteria:

 

  1. Right, Title and Interest in Property – The applicant must demonstrate that they have the right, title and interest in the property.

The Town has obtained leases for both properties.

  1. Financial Capacity – The applicant must demonstrate that they have the capacity to carry out the project in accordance with this ordinance and the approved plan.

The Board stated their concerned with the Town’s financial capacity to complete the skatepark. The Town has $20,000 and the project is estimated to be $70,000±. Briand indicated that the Town will be doing fundraising for the park.

Board discussed stipulating conditions such as an exit strategy if funds are not raised.

  1. Technical Ability – The applicant must demonstrate that they have the technical capacity to carry out the project in accordance with this ordinance and the approved plan.

The Town has the capacity to carry out this project and hire professionals as appropriate.

  1. Special Resources

 

  1. Shoreland – The proposed development will be in compliance with the Shoreland Zoning provisions of Article 6 and 7 of this ordinance if located within the Shoreland Zone.

A portion of the skatepark will be located within the General Development Shoreland Zone.  The proposed skatepark does meet the Shoreland Zoning provisions and permit will be required.

  1. Floodplain – If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Floodplain Management provisions of Article 8 of this ordinance.

The skatepark is not located within the floodplain.

  1. Wetlands & Waterbodies – The proposed development will not have an adverse impact on wetlands and/or waterbodies, to the extent that is practicable.

The Town has submitted a Natural Resource Protection Act Tier I application for approximately 8,500 sf of wetland impacts.  The Town has attempted to locate the skatepark in 3 other locations (recreation fields, public works property and waterfront park), unfortunately none of these locations were successful.  Therefore, the Town must fill the wetland on this site in order to develop the skatepark as approved by voters.

Briand provided the Board with the Town's DEP approval.

  1. The development must not adversely affect the water quality or shoreline of any adjacent water body, to the extent practicable. The development plan must provide for access to abutting navigable water bodies for the use of the occupants of the development as appropriate.

The skatepark will not affect water quality or the shoreline.

  1. When a proposed development is immediately visible from a great pond, river, or stream, the development must be designed so that it fits harmoniously into the visual environment when viewed from the water body. In predominantly natural environments, site clearing must be minimized, natural vegetation must be maintained adjacent to the shoreline to soften the appearance of the development, and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed shoreland environments, the appearance of the new development when viewed from the water must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent possible. Storage and service areas must be screened or landscaped to minimize their visual impact.

The skatepark is being designed so that it will fit with the height and scale of the area.

  1. Activities within 250 feet of vernal pools shall meet requirements set by Maine Department of Environmental Protection’s Natural Resources Protection Act.

There are no vernal pools located on site.

 

 

  1. Historic & Archaeological

Maine Historic Preservation Commission reviewed and signed off on the project as part of our Natural Resources Protection Act application.

  1. Groundwater

 

Projects that involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.

The skatepark does not involve any water usage.

  1. Wildlife Habitat

 

  1. If any portion of a property lies within areas identified and mapped by the Department of Inland Fisheries and Wildlife, the applicant shall demonstrate that there shall be minimal impacts on the habitat and species it supports.  The plan shall provide for protection of the identified resource in a manner acceptable to the Maine Department of Inland Fisheries and Wildlife or in accordance with the recommendations of a wildlife biologist with demonstrated experience with the wildlife resource being impacted and approved by the Board.  In the latter situation, the report prepared by the wildlife biologist shall assess the potential impact of the development on the significant habitat and adjacent areas that are important to the maintenance of the affected species and shall describe appropriate mitigation measures to ensure that the development will have minimal impacts on the habitat and the species it supports. These areas include:

The property does not lie within areas identified by MDIF&W.  

 

 

  1. Natural Areas

 

  1. If any portion of the property is located within an area designated as a unique natural area by the Comprehensive Plan or the Maine Natural Areas Program, the plan shall indicate appropriate measures for the preservation of the values which qualify the site for such designation, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation. The Board may require the applicant to seek the advice of the Maine Natural Areas Program.

The property does not lie within areas identified by MNAP.

  1. Environmental Impact

 

  1. 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. 

Given the size of our lease area and the type of development, we will be not able to preserve this landscape in its natural state.

  1. Extensive grading and filling must be avoided as far as possible.

The construction of a skatepark requires extensive grading and filling in order to construct a base that can support the park.

  1. The proposed development will not cause a reduction in the land’s capacity to hold water so that a dangerous or unhealthy condition results.

Given the size of the proposed development (10,000 sf) and the proposed method for handling stormwater the proposed skatepark will not cause a dangerous or unhealthy condition.

  1. Solid Waste Management – The proposed development will provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project’s wastes.

The Town will provide a receptacle to collecting solid waste and will disposal of that waste using the Town’s Solid Waste Program.

  1. Hazardous, Special & Radioactive Materials

 

  1. Hazardous, Special and Radioactive Materials - The handling, storage, and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive must be done in accordance with the standards of these agencies.

No Hazardous, Special and Radioactive Materials will be used or stored.

  1. No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least seventy-five (75) feet from any lot line, or forty (40) feet in the case of underground storage. For the purposes of this section, bulk storage shall be considered one thousand (1,000) gallons or greater.  All materials must be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

None proposed.

  1. Air Quality

 

The proposed development will met the Maine Department of Environmental Protection and U.S. Environmental Protection Agency standards.

The skatepark will not affect air quality.

  1. Water Quality

 

  1. No proposed development shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

None proposed.

  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.

None proposed.

  1. If the project is located within the direct watershed of a ‘body of water most at risk from development’ or ‘a sensitive or threatened region or watershed’ as identified by the Maine Department of Environmental Protection (DEP), and is of such magnitude as to require a stormwater permit from the DEP, the project must comply with the standards of the DEP with respect to the export of total suspended solids and/or phosphorous. If the project does not require a stormwater permit from the DEP, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

The project is not located within the direct watershed of a ‘body of water most at risk from development’ or ‘a sensitive or threatened region or watershed’ as identified by the Maine Department of Environmental Protection (DEP).

  1. Stormwater – Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces, through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

We are proposing to collect stormwater using perimeter drains and drainage pipes and outleting the stormwater to a level lip spreader and then MDOT’s existing drainage ditch. 

  1. Sedimentation & Erosion Control

 

  1. All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill, and/or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.

None proposed.

  1. Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active program meeting the requirements of the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, dated March 2003.

Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, dated March 2003 will be used during construction.

  1. Noise

 

  1. Noise levels on a site abutting any residential use shall be kept to a minimum between the hours of 9 p.m. and 6 a.m.

The skatepark will not be lighted.  Due to liability, the Town cannot specify park rules.

  1. The Planning Board may specify an activity or business’s hours of operation to address the level of noise, if necessary.

 

 

                          The Board agreed to continue the review of the application at the next meeting.

 

 

                        Site Plan Review and Shoreland Zoning Application –

                        Application: Central Maine Power Company

                        Property: Tax Map R10, Lot 16

Project Description: The application is for the construction of a set of transmission towers and poles, in order to separate the two existing 345 kV transmission 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 Llyod Hendrix from CMP.

 

                        The Board reviewed the additional information submitted:

 

                        Site Plan Review:

                                1(a)          Submitted. See Road Commission comments. CMP met with public works                           director.

                                2)              Submitted. CMP clarified that they are committed to restoring roads if destroyed and will comply with road postings and any road(s) required will not be used until Town approval. Public roads will remain open.

                                4)             Submitted. CMP to provide municipal officials with maps & GPS coordinates concerning potential accident sites and fire hazards; after hours contact list; job site safety plans; and blasting plans and reporting.

                                16(c)        Submitted. Calculations submitted. No other sites will be adversely impacted by project.

                                16(c)(iii)    Submitted. Currently two vernal pools exist in Bowdoinham and have been addressed by DEP.

                                19)           Submitted. CMP has obtained written approval from Maine Department of Inland Fisheries and Wildlife. DEP provided instructions for addressing wildlife habitat as eagles are a concern in Bowdoinham.

                                20)           Submitted. CMP will clear natural areas in accordance with clearing and erosion control standards.

                                21)           Submitted. There will be no herbicide application within 25 feet of water.

                                21(c)        Submitted. No equipment will operate below the banking per permit. Vegetation maintenance will be honored.

                                25)           Submitted. Groundwater testing will be conducted. CMP doesn’t plan to test within the project area, except for wells/water within 500 feet of blasting sites.

                                25(b)        Submitted. Spills will be addressed and cleaned immediately by personnel and will not leave a lasting impact. All spills will be reported to DEP regardless of volume.

 

                        Shoreland Zoning Review:

                                2(d)          Submitted. Ordinance provides for 20% threshold and CMP is well below that.

                                3)             CMP to submit specification for pole removal. CMP will consult with farms/farmers on pole depth. The Board indicated that this should be a condition of approval.

                                17)           Submitted. Additional information provided by CMP regarding vegetation and re-vegetation and invasive species issue addressed.

 

                        CMP indicated that geotechnical reports will not be available until October. The Board agreed that additional information and/or mapping is required in connection with the last tower before approving. The Board scheduled a site inspection for tentatively September 22, 2011 at 5:30 (depending on timing of additional information submitted by CMP).

 

Item 6:              Other Business

 

None

                       

Item 7:              Next Meeting

 

September 22, 2011

 

Item 8:              Adjourn Meeting

 

The meeting was adjourned at 9:12 p.m.