2012-01-26 Planning Board Meeting Minutes

Members Present: Ellen Baum, Paul Beltramini, Brent Zachau, and Dan Stockford as voting member.


Others Present: Nicole Briand, Jenna Pierce, Mark Bower, Albert Stehle, Sean Donohue, John Titus, Mrs. Hackett, John Hunton, Adam White, and Frank Burroughs.


Item 1:              Call Regular Meeting to Order at 6:30pm


                        Baum called the meeting to order at 6:32 p.m. and appointed Stockford as voting                                  member.


Item 2:              Elect Officers


                        Baum made a motion that Paul Baines be elected as Chair and Bill Shippen as Vice Chair; Zachau seconded the motion and all voted in favor.  Briand will notify Baines and Shippen.


Item 3:              Consideration of November and December Meeting Minutes


Beltramini made a motion to accept the November meeting minutes. Zachau seconded the motion and all voted in favor.


Stockford made a motion to accept the December meeting minutes. Zachau seconded the motion and all voted in favor.


Item 4:              New Business


Subdivision Amendment Application – Mark Bowker

Riverwalk Subdivision

108 Bay Road, Tax Map R09, Lot 051


The applicant, Mark Bowker, requested that residential use be allowed on the airport lot. It came to his attention by Briand that the property was not specifically marked for residential use, but he currently resides in a house on the premises. The current use provides for an airport office. He would like to amend the subdivision plan to allow the house to be for residential use.


                        The Board reviewed the application to determine if it is complete.


                        Briand pointed out that one issue exists in connection with the current septic system. It is not sized for a house. Subsurface rules allow for a new design/plan to be completed and recorded in the registry and all abutters notified. Briand indicated that Bowker can continue to use the old septic system until it fails. Briand suggested that this could be a condition of approval.


                        Zachau 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.


                        Mrs. Hackett was present for her sister Becky, who lives next door to where the airport is, and Frank Burroughs expressed the opposition for changing the use of the property. Mrs. Hackett was not in favor of the house and felt her open space view was affected by the structure. Burroughs felt that the Town was clear about preserving open space and that there would be no further expansion on the site. He is concerned that further expansion of the building will continue.


                        Baum and Beltramini discussed that the deed and plan clearly indicates that the property is part of a permanent covenant and can only be used for aviation or open space. Stockford added that the deed restriction became a Board issue when they became restrictions on the Plan. Therefore, any issues would have to go before the Board to change the use.


                        John Hunton and Adam White expressed their support for changing the use of the property to residential. Hunton felt that Bowker was committed to the airport and maintaining aviation use. White lives adjacent to the airport and felt that allowing for residential use would enable him to manage the airport more/better, but he also doesn’t want to see a runway of houses.


                        Briand indicated that there can be a restriction to not build more residential houses and can propose language for the Board to review.


                        Stockford suggested that the Board consider a building envelope to be implemented to provide restrictions on where to build and size of the house. Currently there is a specified building envelope on the Plan, but not for the airport lot. Burroughs was in favor of a building envelope that would restrict more building or further construction to south of the property (not to extend further to Piper Lane, off route 24).


Bowker indicated that he would be fine with going to other subdivision owners to obtain their consent for the change of use. The homeowners association meets every October and there is a possibility that a covenant could be changed.


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


The Board discussed on how to proceed with this application. Briand suggested that the property be allowed residential use in existing structure and a cap of “x” amount of feet to the current structure in place. The simplistic approach would be to limit the square footage on the existing building so that another building permit wouldn’t need to be issued and/or a building envelope wouldn’t need to be implemented. Any other buildings would need to be for aviation use only and a public hearing wouldn’t be required.


                        Baum was in favor of Briand’s suggestion and would like to see proposed language brought back to the Board for consideration. A public hearing will be held to provide an opportunity for the public to see the proposed language. Baum suggested to Mrs. Hackett that she give some thought to additional buffering (which will take away from open space).



Item 5:              Old Business


Site Plan Review and Shoreland Zoning Application

Application: Central Maine Power Company

Property: Tax Map R10, Lot 16


The application was 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. 


Stockford recused himself from this matter due to conflict of interest.


Briand indicated that the Town hasn’t used the escrow account because Stockford was on the Board. It is possible that they may need to get an attorney, so CMP was acceptable with replenishing the account to $500.00 from $215.00.


CMP provided further information regarding the issue raised during the site walk concerning the water. CMP presented a design providing for a plan for sedimentation and erosion control.


Baum asked about the process and timeframe of the project. CMP indicated that everything would take place simultaneously, but clearing (of trees and not ground level shrubs) would need to be approved before the final meeting, but before construction takes place in the fall of 2013. CMP would like to complete the clearing of the project (2-3 acres) this winter rather than later, but needs approval from the Board. The Board felt timing and accommodating farmers were factors they needed to consider. If approval was granted in February it would not be too late. CMP would like to be done with clearing by April 1st due to habitats that can be disturbed.


Briand will seek advice from an attorney on how to proceed with approving one phase of approval (clearing phase) before the construction phase. Briand will work with the attorney in order to provide the Board with a provisional approval and conditions of approval for consideration.


Baum suggested that the Board may want to schedule a site walk to see the tower sites once they have been staked out. CMP will work will Briand to schedule site visit.


Item 6:              Other Business


  • Cemetery Clean-up Day


Albert Stehle was present to discuss the Cemetery Clean-up Day on April 14th with the Board to see if they would be interested in taking part in this community event. Stehle indicated that he visited 52 cemeteries around Bowdoinham, took pictures and recorded what work needs to be done. The work will consist of cleaning up branches, raking leaves, installing posts, and cleaning the perimeters. Stehle estimates that if there are at least 6 people per cemetery it will take approximately 4 hours. The Board gave a general consensus that they would be in favor of taking part in the Cemetery Clean-up Day. Stehle indicated that he will be back at a later Board meeting to provide more details about what’s needed and to be expected.


  • Annual Ordinance Review


The Board reviewed the changes to the Land Use Ordinance proposed by Briand and a general discussion was held. Most of the proposed changes were in Section E regarding enforcement. Briand would like to have one system which imposes fines and penalties before bringing a civil action to court. The Board discussed Section E(5) regarding the fees associated with the violations and agreed that the first violation should be reduced from $50.00 to $25.00. Briand also indicated that Section E(4) should be changed from Certificate of “Occupancy” to Certificate of “Compliance” because there is no Town Code to follow.


Baum made a motion to approve the changes to the Land Use Ordinance, as amended. Zachau seconded the motion and all voted in favor.


Item 7:              Adjourn Meeting


Baum made a motion to adjourn the meeting at 8:47 p.m. Zachau seconded the motion and all voted in favor.