2011-09-22 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES - Approved

SEPTEMBER 22, 2011 

Members Present: Ellen Baum, Brent Zachau, Bill Shippen, Paul Baines, Paul Beltramini and Nate Drummond.  Dan Stockford was absent.

 

Others Present: Nicole Briand-Town Planner, Jenna Pierce-Secretary, Peter Feeney and Nanette Giacoma.

 

Item 1:              Call Regular Planning Board Meeting to Order

                       

                        Baum called the meeting to order at 7:01 p.m.

 

Item 2:              Consideration of August 25thMeeting Minutes

 

Zachau made a motion to approve August’s Meeting Minutes, as amended. Baum seconded the motion; Shippen, Beltramini and Drummond voted in favor. Baines abstained because he was not at August’s meeting.

                       

Item 3:              New Business

 

                        Site Plan Review Application Amendment – Long Branch School

                        Applicant: Peter Feeney & Nanette Giacoma

                        Property: Tax Map U01, Lots 061, 064, and 080.

                        Project Description: The application is for a change of use for the development of the Long                    Branch School of Maine.

 

                        The applicant is requesting a waiver from the Planning Board to waive the signage                                  performance standard and remove a condition of approval.

 

                        Peter Feeney and Nanette Giacoma were present to request that the Board waive the dimension requirement for their sign (awning) and the number of signs they could use for the business.

 

                        Baum made a motion to grant a waiver for the size requirements for the awning. Beltramini seconded the motion and all voted in favor.

 

                        Baum made a motion to grant a waiver for a third sign on the 20 Main Street property that meets the size requirements. Zachau seconded the motion and all voted in favor.

 

                        Baum made a motion to grant a waiver so that 25 Main Street will be treated as a separate property for the sign ordinance. Shippen seconded the motion and all voted in favor.

 

Item 4:              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.

 

                        The Board reviewed the note from the new Town Manager regarding the Town’s capacity to fund the project and discussed an exit strategy and conditions of approval if sufficient funds are not raised to complete the proposed skatepark.

 

                        The Board agreed they would review the Shoreland Zoning Approval Criteria:

 

  1. Beltramini made a motion that the proposed skatepark meets the approval criteria because it will maintain safe and healthful conditions. Zachau seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will not result in water pollution. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will provide adequate provisions for collection and disposal of all stormwater that runs off proposed development. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria and as a condition of approval, adequate measures to prevent soil erosion and the sedimentation of watercourses and waterbodies will be taken. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will take adequate measures to avoid and to minimize having an adverse effect on wetlands and waterbodies. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will provide for the disposal of all wastewater in accordance with the State of Maine Subsurface Wastewater Disposal Rules. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other riparian wildlife habitat. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will conserve natural, native vegetation along the shoreline. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it will conserve visual corridors. Shippen seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because there will be no effect on waters. Beltramini seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because there will be no adverse effect on historic and/or archaeological sites. Beltramini seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it is not located in Commercial Fisheries/Maritime Activities district. Beltramini seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it is in compliance with the Town’s Floodplain standards and as a condition of approval, the applicant is to obtain a permit to be in compliance with those standards. Beltramini seconded the motion and all voted in favor.

 

  1. Baum made a motion that the proposed skatepark meets the approval criteria because it meets the performance standards. Shippen seconded the motion and all voted in favor.

 

            The Board agreed they would review the application for approval.

 

                        Site Plan Review Approval Criteria:

 

  1. Vehicular Access – Baum made a motion that this standard has adequately been met because vehicular access is existing and no concerns have been raised. Shippen seconded the motion and all voted in favor.

           

  1. Internal Vehicular Circulation- Baum made a motion that this standard has been adequately met, no proposed changes have been made and no concerns raised. Zachau seconded the motion and all voted in favor.

 

  1. Pedestrian Circulation- Baum made a motion that this standard has been adequately met as shown on Plan provided and no concerns have been raised. Beltramini seconded the motion and all voted in favor.

 

  1. Municipal Services- Baum made a motion that this standard has been adequately met because it will enhance municipal services. Shippen seconded the motion and all voted in favor.

 

  1. Visual Impact- Baum made a motion that this standard has been adequately met because it will not have an adverse effect on the scenic or natural beauty of the area, including water views and scenic views. Shippen seconded the motion and all voted in favor.

 

  1. Lighting- Baum made a motion that this standard has been adequately met because there is no exterior lighting proposed. Zachau seconded the motion and all voted in favor.

 

  1. Signage- Baum made a motion that as a condition of approval any proposed signage must meet the performance standards. Shippen seconded the motion and all voted in favor.

 

  1. Buildings- Baines made a motion that this standard has been adequately met because there are no proposed buildings. Baum seconded the motion and all voted in favor.

 

  1. Landscaping- Baum made a motion that this standard has been adequately met as shown on Plan provided and will be a condition of approval. Beltramini seconded the motion and all voted in favor.

 

  1. Buffering- Baum made a motion that this standard has been adequately met as shown on Plan. Shippen seconded the motion and all voted in favor.

 

  1. Utilities- Baum made a motion that this standard has been adequately met because there are no utilities proposed. Shippen seconded the motion and all voted in favor.

 

  1. Water- Baum made a motion that this standard has been adequately met because there are no water requirements proposed for the development. Beltramini seconded the motion and all voted in favor.

 

  1. Sewage Disposal- Baum made a motion that this standard has been adequately met because there will be portable toilets near site. Beltramini seconded the motion and all voted in favor.

 

  1. Fire Protection- Baum made a motion that this standard has been adequately met because the proposed project is concrete and there is a fire hydrant on Plan. Shippen seconded the motion and all voted in favor.

 

  1. Capacity of Applicant

 

  1. Right, Title and Interest in Property-Baum made a motion that this standard has been adequately met because the applicant has a lease. Shippen seconded the motion and all voted in favor.

 

  1. Financial Capacity- Baum made a motion that this standard has been adequately met because the applicant has the financial capacity to complete the proposed development in phases; Baines seconded the motion and all voted in favor.

 

  1. Technical Ability- Baum made a motion that this standard has been adequately met because the applicant has hired technical people to carry out the proposed development. Baines seconded the motion and all voted in favor.

 

  1. Special Resources-

 

  1. Shoreland- Baum made a motion that this standard has been adequately met because the proposed development is in compliance with the ordinance. Beltramini seconded the motion and all voted in favor.

 

  1. Floodplain- Baum made a motion that this standard has been adequately met and will be a condition of approval. Shippen seconded the motion and all voted in favor.

 

  1. Wetlands & Waterbodies- Baum made a motion that this standard has been adequately met because the proposed development will not have an adverse impact on wetlands and/or waterbodies, to the extent that is practicable. Shippen seconded the motion and all voted in favor.

 

  1. Historic & Archaeological- Baum made a motion that this standard has been adequately met because the proposed development will not have an adverse effect on historic and/or archaeological sites. Shippen seconded the motion and all voted in favor.

 

  1. Groundwater- Shippen made a motion that this standard has been adequately met because there are no hazardous materials with the information provided. Baum seconded the motion and all voted in favor.

 

  1. Wildlife Habitat- Baines made a motion that this standard has been adequately met because the proposed development will not have an adverse effect on wildlife habitat. Baum seconded the motion and all voted in favor.

 

  1. Natural Areas- Baum made a motion that this standard has been adequately met because the proposed development will not have an undue adverse effect on rare and irreplaceable natural areas. Shippen seconded the motion and all voted in favor.

 

  1.  Environmental Impact-

 

  1. Solid Waste Management- Baum made a motion that this standard has been adequately met because the proposed development will have a “carry in, carry out” policy and will be managed by the Town. Shippen seconded the motion and all voted in favor.

 

  1. Hazardous, Special & Radioactive Materials- Baum made a motion that this standard has been adequately met because the proposed development will not use hazardous, special, and radioactive materials. Shippen seconded the motion and all voted in favor.

 

  1. Air Quality- Baum made a motion that this standard has been adequately met because the construction will not result in air pollution or odors. Shippen seconded the motion and all voted in favor.

 

  1. Water Quality- Baum made a motion that this standard has been adequately met because the best practices of sedimentation and erosion control will be in place. Shippen seconded the motion and all voted in favor.

 

  1. Stormwater- Beltramini made a motion that this standard has been adequately met. Baum seconded the motion and all voted in favor.

 

  1. Sedimination & Erosion Control- Baum made a motion that this standard has been adequately met because the best management practices will be applied as a condition of permit. Shippen seconded the motion and all voted in favor.

 

  1. Noise- Baines made a motion that this standard has been adequately met because the proposed development does not make noise. Shippen seconded the motion and all voted in favor.

 

  1. Compliance with Ordinances- Baum made a motion that this standard has been adequately met because the proposed land use is in compliance with ordinance. Beltramini seconded the motion and all voted in favor.

 

  1. Town Plans & Vision Statements- Baum made a motion that this standard has been adequately met. Beltramini seconded the motion and all voted in favor.

 

Baum made a motion to approve the application based on the information provided with the following Conditions of Approval:

 

  1. If adequate funds are not available by the fall of 2012, then the applicant will seed the site until there are adequate funds for construction.
  2. Applicant will remove preload material as soon as possible and will seek out the most “attractive” material for the top of the preload.
  3. The development shall comply with the Sedimentation & Erosion Control Performance Standard of the Town's Land Use Ordinance.
  4. The development shall comply with the Signage Performance Standard of the Land Use Ordinance.
  5. The development shall comply with the Floodplain Management provisions of the Land Use Ordinance.
  6. The applicant shall complete landscaping and buffering as shown on the approved plan.

 

Beltramini seconded the motion and all voted in favor.

                       

 

Item 5:              Other Business

 

Paul Beltramini, as part of the Comprehensive Planning Committee, presented Board with the Town of Bowdoinham’s Vision Statement and Goals for Bowdoinham and asked for comments, suggestions, and input.

 

Annual Ordinance Review- Briand provided the Board with a memo from the Town Manager and Selectman to review signage requirements. Briand put together some suggested changes: 1) the definition for business name signs; 2) the Board of Appeals is looking for guidance regarding standards from which to get variances from instead of leaving it at dimensional requirements; 3) authority waiver submission requirements; and 4) site plan amendments. This item was tabled until the next meeting with the Board to start thinking about proposed changes in the memo provided by Briand.

                       

Item 6:              Next Meeting

 

The Board scheduled a tentative CMP site visit for October 27, 2011 at 5:00 p.m. with the regular meeting to follow at 6:00 p.m. If CMP doesn’t have the necessary materials for the site visit, then the regular meeting will be held at 7:00 pm.

 

Item 7:              Adjourn Meeting

 

Shippen made a motion to adjourn the meeting at 9:35pm Zachau seconded the motion and all voted in favor.

 

Bowdoinham Planning Board