2012-05-24 Planning Board Minutes

TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

May 24, 2012

 

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

 

Others Present: Nicole Briand, Jenna Pierce; Mark Bowker, Sean Donahue, John Titus, Drew McMullen and John Keizer from Central Maine Power; and Ed Friedman.

 

Item 1:              Call Regular Meeting to Order at 7:00pm

                                               

                        Baines called the meeting to order at 7:00 p.m.

 

Item 2:              Consideration of March & April Meeting Minutes

 

                        Zachau made a motion to accept the March meeting minutes. Shippen seconded the motion and Baum abstained from the vote as she was not at the meeting. VOTE 4-0-1.

 

                        Shippen made a change to the April meeting minutes. Baines made a motion to accept the April meeting minutes, as amended. Beltramini seconded the motion and Baum abstained from the vote as she was not at the meeting. VOTE 4-0-1.

 

Item 3:              Old Business

 

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 transmissions lines onto separate towers/poles. 

 

            The Board reviewed the discussed correspondence submitted by George Christopher and Ed Friedman. Baines led the discussion regarding EMF emissions and the Board’s authority to address the issue raised by Friedman. Baum stated that in previous submissions CMP stated that there would be phase optimization.  Mr. Christopher asked if phase optimization could be part of the conditions of approval. John Titus indicated that there would be phase optimization, but preferred that it not be part of the condition of approval due to the lack of jurisdiction, but would be willing to put it on record that it would be done.

 

The Board reviewed the draft Shoreland Zoning & Site Plan Review Approval as prepared by Briand.

 

Shoreland Zoning and Approval Criteria:

 

  1. Will maintain safe and healthful conditions.

 

Finding - The proposed project will maintain safe and healthful conditions.

 

Baum made a motion that the standards for this section have been adequately met and in adherence with the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will not result in water pollution.

 

Finding – CMP and its contractors shall follow protocols for refueling construction equipment as provided in Exhibits 5 and 17 of the MPRP Site Plan Review and Shoreland Zoning Application.  In addition, erosion and sedimentation control shall be implemented per “Environmental Guidelines for Construction and Maintenance Activities on Transmission Line and Substation Projects, 2010” as approved by Maine Department of Environmental Protection.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will provide adequate provisions for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other impervious surfaces.

 

Finding – The only impervious area to be created is for the base of the towers.  Given the limited amount of impervious area being created, stormwater management is not necessary.

 

Beltramini made a motion that the standards for this section have been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will take adequate measures to prevent soil erosion and the sedimentation of watercourses and water bodies.

 

Finding – Erosion and sedimentation control shall be implemented per “Environmental Guidelines for Construction and Maintenance Activities on Transmission Line and Substation Projects, 2010” as approved by Maine Department of Environmental Protection.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will take adequate measures to avoid and to minimize having an adverse effect on the wetlands and/or water bodies.

 

Finding – CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction. There shall be no grading below mean high water. 

 

Beltramini made a motion that the standards for this section have been adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will provide for the disposal of all wastewater in accordance with the State of Maine Subsurface Wastewater Disposal Rules.

 

Finding – Once constructed the proposed project will not require wastewater disposal.  However,       temporary facilities shall be provided during construction.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the condition of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will not have an adverse impact in spawning grounds, fish, aquatic life, bird or other riparian wildlife habitat.

 

Finding – CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction. There shall be no grading below mean high water. 

 

Beltramini made a motion that the standards for this section have been adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will conserve natural, native vegetation along the shoreline.

 

Finding – CMP and their contractors shall conserve the existing vegetation to the extent that is practicable.  Vegetation within the Shoreland Zone shall be replaced per the approved plans and as follows for The Point:

  • Photos of the Shoreland Zone shall be submitted to the Town.  The Town CEO shall make an on-site assessment as to the extent of the vegetation removed.  If the removal is greater than what was submitted in the plan, then CMP shall submit an updated landscaping plan for the CEO's approval.  Once the revised landscaping plan is approved, CMP shall complete the landscaping as approved.
  • The buffer along the immediate shoreline shall include shrubs and/or trees that when planted are the tallest available appropriate non capable species, as verified by the Town’s CEO.  The shrubs and/or trees shall be planted at an interval to provide the maximum buffer as is currently at The Point.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will conserve visual corridors.

 

Finding - The buffer along the immediate shoreline at The Point shall include shrubs and/or trees that when planted are the tallest available appropriate non capable species, as verified by the Town’s CEO.  The shrubs and/or trees shall be planted at an interval to provide the maximum buffer as is currently at The Point.  Any necessary shoreline stabilization at The Point, such as a retaining wall, shall be constructed with or have the appearance of natural materials to fit with the historic and natural significance of the area.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1.  Will conserve access to inland and coastal waters.

 

Finding - The proposed project will not affect access to inland and coastal waters.

 

Beltramini made a motion that the standards for this section have been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will not have an adverse effect on historic and/or archaeological sites.

 

Finding – Kirk Mohney of Maine Historic Preservation Commission concluded the proposed Segment 16 will have no adverse effect upon historic (architectural) properties, dated September 16, 2011.  Dr. Arthur Spiess of Maine Historic Preservation Commission agreed with all the National Register eligibility recommendations and avoidance/treatment recommendation reflected in the MOA, dated April 27, 2010.

 

Beltramini made a motion that the standards for this section have been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district.

 

Finding – The project is not located in the Commercial Fisheries/Maritime Activities district. 

 

Beltramini made a motion that the standards for this section have been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will be in compliance with the Town’s Floodplain Management provisions.

 

Finding - A Floodplain Management permit shall be obtained for this project.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the condition of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Will be in conformance with the provisions of Article 7, Section D, Performance Standards.

 

Finding - The proposed project meets these performance standards as approved by the Board.

 

Beltramini made a motion that the standards for this section have been adequately met with conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

                        Site Plan Review Approval Criteria:

 

  1. Vehicular Access –

 

Finding:  There will be no change with the existing vehicular access once the project is constructed.  During construction existing and temporary access ways will be used.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Internal Vehicular Circulation –

 

Finding:  Temporary roads will be used during construction.  Internal vehicular circulation is not necessary once the project is constructed. 

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Pedestrian Circulation –

 

Finding:  Pedestrian circulation is not necessary for this type of project.

 

Beltramini made a motion that the standard for this section has been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Municipal Services –

 

Finding:  Conditions of approval shall be required to address the memo from William Post, Town Manager dated September 19, 2011 and David Lewis, Emergency Management Director, dated June 23, 2011 and March 14, 2012.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

 

 

  1. Visual Impact –

 

Finding: The project is being co-located within in existing developed corridor.  CMP and their contractors shall conserve the existing vegetative to the extent that is practicable.  Vegetation shall be replaced per the landscaping plans. 

 

Beltramini made a motion to accept the changes and that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Lighting –

 

Finding: Once construction is complete, lighting shall be limited to that required by the FAA.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Signage –

 

Finding: Once construction is complete, there shall be no signage.

 

Beltramini made a motion that the standard for this section has been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Buildings –

 

Finding: No buildings are proposed.

 

Beltramini made a motion that this standard is not applicable. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Landscaping –

 

Finding: Landscaping shall be installed per the approved landscaping plans and as follows for The Point:

  • The buffer along the immediate shoreline shall include shrubs and/or trees that when planted are the tallest available appropriate non capable species, to be verified by the Town’s CEO.  The shrubs and/or trees shall be planted at an interval to provide the maximum buffer as is currently at The Point.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Buffering –

 

Finding:  CMP and their contractors shall conserve the existing vegetation to the extent that is practicable.  Vegetation shall be replaced per the approved plans and as follows for The Point:

  • Photos of the Shoreland Zone shall be submitted to the Town.  The Town CEO shall make an on-site assessment as to the extent of the vegetation removed.  If the removal is greater than what was submitted in the plan, then CMP shall submit an updated landscaping plan for the CEO's approval.  Once the revised landscaping plan is approved, CMP shall complete the landscaping as approved.
  • The buffer along the immediate shoreline shall include shrubs and/or trees that when planted are the tallest available appropriate non capable species, to be verified by the Town’s CEO.  The shrubs and/or trees shall be planted at an interval to provide the maximum buffer as is currently at The Point.

 

Beltramini made a motion to accept the change and that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Utilities –

 

Finding: The proposed project is an utility project and will not burden any utilities.

 

Beltramini made a motion that this standard is not applicable. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Water Supply –

 

Finding: The proposed project does not require water.

 

Beltramini made a motion that this standard is not applicable. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Sewage Disposal –

 

Finding: Once constructed the proposed project will not require wastewater disposal.  However, temporary facilities shall be provided during construction.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1.  Fire Protection –

 

Finding: CMP shall work with fire emergency personnel regarding fire protection.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Capacity of Applicant –

 

  1. Right, Title and Interest in Property –

 

Finding: The applicant has a “Deeds & Easement Binder” along with a summary table to show their right in the property.

 

Beltramini made a motion that this standard has been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Financial Capacity –

 

Finding: The applicant has submitted a statement regarding their financial capacity to complete the project.

 

Beltramini made a motion that this standard has been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Technical Ability –

 

Finding: The applicant has submitted a statement regarding their technical ability to complete the project.

 

Beltramini made a motion that this standard has been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Special Resources –
    1. Shoreland –

 

Finding: The proposed project is in compliance with the Town’s Shoreland Zoning standards.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Floodplain –

 

Finding: A Floodplain Management permit shall be obtained for this project.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Wetlands & Water bodies –

 

Finding: CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction.

 

Beltramini made a motion that the standard has been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Historic & Archaeological –

 

Finding: Per letter, Kirk Mohney of Maine Historic Preservation Commission concluded the proposed Segment 16 will have no adverse effect upon historic (architectural) properties, per letter dated September 16, 2011.  Dr. Arthur Spiess of Maine Historic Preservation Commission agreed with all the National Register eligibility recommendations and avoidance/treatment recommendation reflected in the MOA, dated April 27, 2010.

 

Beltramini made a motion that the standard has been adequately met. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Groundwater –

 

Finding: CMP and its contractors shall follow protocols for refueling construction equipment as provided in Exhibits 5 and 17 of the MPRP Site Plan Review and Shoreland Zoning Application (including the ban on the bulk storage of fuel within the Construction Zone). In the case of soil compaction, as determined by the Agricultural Expert, in agricultural areas or the Shoreland Zone resulting from the construction/removal of transmission towers, CMP will provide for the following remediation of affected areas:

  1. sub-soiling;
  2. harrowing;
  3. seeding of winter rye at 125lb/acre (or such other seed as recommended by the Agricultural Expert).

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Wildlife Habitat –

 

Finding: CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Natural Areas –

 

Finding: CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Environmental Impact –

 

Finding: The construction of the necessary infrastructure will follow the existing grade of the land.  Any subsoil removed in the process of drilling new tower foundations shall not be deposited on agricultural fields, but may be used to backfill foundation holes so long as it is not used as the surficial topsoil layer. Existing vegetation shall be retained to the extent possible. 

 

Beltramini made a motion to accept the change and that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Solid Waste Management –

 

Finding: All construction waste products shall be removed from the project area once construction in that area is complete.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Hazardous, Special & Radioactive Materials –

 

Finding: No chemical or hazardous materials or fuel shall be stored within one-hundred feet of agricultural areas or within the Shoreland Zone. CMP shall provide list of all fire hazards prior to construction and their location.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Air Quality –

 

Finding: Dust from vehicles on dirt roads and access ways, and construction shall be controlled and minimized to the greatest extent possible.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

 

 

  1. Water Quality –

 

Finding: CMP and its contractors shall follow protocols for refueling construction equipment as provided in Exhibits 5 and 17 of the MPRP Site Plan Review and Shoreland Zoning Application.  No chemical or hazardous materials or fuel shall be stored within one-hundred feet of agricultural areas or within the Shoreland Zone. In addition, erosion and sedimentation control shall be implemented per “Environmental Guidelines for Construction and Maintenance Activities on Transmission Line and Substation Projects, 2010” as approved by Maine Department of Environmental Protection.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Stormwater –

 

Finding: The only impervious area to be created is for the base of the towers.  Given the limited amount of impervious area being created, stormwater management is not necessary.

 

Beltramini made a motion that the standard has been adequately met. Shippen seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Sedimentation & Erosion Control –

 

Finding: Erosion and sedimentation control shall be implemented per “Environmental Guidelines for Construction and Maintenance Activities on Transmission Line and Substation Projects, 2010” as approved by Maine Department of Environmental Protection.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Noise –

 

Finding: Once construction is complete the project will not create noise.  For construction:

  1. Blasting shall be limited to Monday thru Friday, 9am to 4pm. 
  2. There shall be no construction on Sundays and on any Holidays, which are observed by the Town Office.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

 

  1. Compliance with Ordinances –

 

Finding: Conditions of approval have been created to ensure that this criteria is met.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

  1. Town Plans & Vision Statements –

 

Finding: Proposed project is in compliance.

 

Beltramini made a motion that the standards for this section shall be adequately met with adherence to the conditions of approval. Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

 

Beltramini made a motion to approve the application with the following Conditions of Approval:

 

  1. Construction Plan.  Prior to the start of construction the construction plan must be submitted to the CEO. The construction plan must contain the following information:
    1. Location of parking for construction. 
    2. The location and dimensions of lay down areas. 
    3. A blasting plan including the location, timing, noticing plan, and pre-blasting survey.
    4. The location of bathroom facilities and a copy of the contract with the provider, which shall specify number of bathrooms and maintenance schedule.
    5. Location of material storage and types of materials to be stored.   
    6. Location of storage for chemical and hazardous materials, as well as a specific list of the chemical and hazardous materials. 
    7. A detailed construction schedule.
    8. A plan that specifies how the individual towers/poles will be constructed.
    9. A plan showing the location and dimension of all worksite areas necessary for construction around every existing and proposed transmission pole and tower.
    10. A traffic plan including traffic estimates, size/weight of vehicles, routing of deliveries.
    11. Dust control plan.
    12. Communication plan. An open line of communications, beginning with the MPRP Team must be in place so immediate issues can be addressed on the ground to minimize impact.
    13. A detailed plan and photographs documenting existing vegetation within the Shoreland Zone at The Point.

 

  1. Landscaping plan for the Shoreland Zone at The Point.  The buffer along the immediate shoreline shall include shrubs and/or trees that when planted are the tallest available appropriate non capable species, to be verified by the Town’s CEO.  The shrubs and/or trees shall be planted at an interval to provide the maximum buffer as is currently at The Point. 

 

  1. Blasting.  Prior to blasting a pre-blasting survey shall be completed.  Blasting shall be limited to Monday thru Friday, 9am to 4pm.  All property owners, abutters, and Farmers within 500-ft of blasting shall received two week notice for pre-blast testing and a three to fourteen day notice prior to actual blasting.  CMP shall also provide the Code Enforcement Officer with such reasonable prior notice.  Once blasting is complete, a post-blasting survey shall be completed.  CMP and/or contractors shall repair any damage to others from blasting.

 

  1. Parking.  Employee parking shall not be located in agricultural fields.  There shall be no parking on Town property, including roadways, without written permission from the Town Manager/Road Commissioner.  The only parking within agricultural fields shall be limited to the parking of necessary equipment within the worksite. 

 

  1. Lay Down Areas.  Lay down areas may not be in agricultural areas or in the Shoreland Zone.

 

  1. No chemical or hazardous materials or fuel shall be stored within one-hundred feet of agricultural areas or within the Shoreland Zone.

 

  1. Adequate bathroom facilities shall be provided and maintained.

 

  1. Dust from vehicles on dirt roads and access ways, and construction shall be controlled and minimized to the greatest extent possible.

 

  1. Access to and along all existing public and private roads and access ways shall remain open at all times during the construction period.

 

  1. CMP and its contractors shall follow protocols for refueling construction equipment as provided in Exhibits 5 and 17 of the MPRP Site Plan Review and Shoreland Zoning Application (including the ban on the bulk storage of fuel within the Construction Zone).

 

  1. All construction waste products shall be removed from the project area once construction in that area is complete.

 

  1. There shall be no construction on Sundays and on any Holidays, which are observed by the Town Office.

 

  1. CMP will time construction to comply with the requirements of Article 10, § (E)(17) of Town’s Land Use Ordinances to minimize potential impacts on abutters (including Farmers), the environment, and wildlife habitat,. CMP and its contractors will, to the maximum extent possible, limit construction in agricultural areas during the Farming Season, especially during the Peak Farming Season.
    1. If work must occur within Farms during Farming Season, CMP and its contractors shall submit a plan for such work to the CEO along with the reason why such work is required.  The Farmers will be notified of the change in proposed construction plans.

 

  1. CMP and its contractors will provide the following information to the Farmers and the Town at least 12 months prior to the commencement of construction operations:
    1. A map, for each affected Farm, describing the area in which agricultural activities may be prohibited or interrupted during the construction period;
    2. The anticipated start and end date for the various phases of construction in each affected Farm; and
    3. Stakes shall be placed in the ground to show the affected area(s) within the Farm(s).

 

  1. All transmission towers located in agricultural fields shall be removed in the following manner.  Wooden poles will be removed and concrete lattice tower foundations will be removed to a point below the depth of 40” to be verified the Agricultural Expert.

 

  1. Any subsoil removed in the process of drilling new tower foundations shall not be deposited on agricultural fields, but may be used to backfill foundation holes so long as it is not used as the surficial topsoil layer.

 

  1. In the case of soil compaction, as determined by the Agricultural Expert,  in agricultural areas or the Shoreland Zone resulting from the construction/removal of transmission towers, CMP will provide for the following remediation of affected areas:
    1. sub-soiling;
    2. harrowing;
    3. seeding of winter rye at 125lb/acre (or such other seed as recommended by the Agricultural Expert). 

 

  1. CMP and its contractors will provide training to all vehicle/equipment drivers associated with the MPRP regarding:
    1. the presence of farm equipment on the roads and the need to pass safely;
    2. strict adherence to posted speed limits;
    3. specific dangers associated with the curvy section of Pork Point Rd between Mallard Lane and Brown’s Point Rd and the intersection of Brown’s Point Rd (dirt), Brown’s Point Rd Pavement, and Pork Point Rd.

 

  1. CMP shall provide the Town an Agricultural Expert of the Town's choice, at CMP’s sole expense, to serve as a third party inspector and decision maker during the construction process.   The Agricultural Expert shall conduct at least one inspection a week, and shall be available, as needed, to address issues as determined by the Town's CEO.  The Agricultural Expert shall not be a Bowdoinham resident or farmer, or an employee or consultant of CMP.

 

  1. In the event that CMP’s construction activities constitute a Material Adverse Effect on Farmers, as determined by the Town's CEO and Agricultural Expert, the Agricultural Expert will formulate (after soliciting and duly considering any submissions from CMP, the Town, and the Farmers) an appropriate fee schedule for associated agricultural impact payments.

 

  1. Erosion and sedimentation control shall be implemented per “Environmental Guidelines for Construction and Maintenance Activities on Transmission Line and Substation Projects, 2010” as approved by Maine Department of Environmental Protection.

 

  1. There shall be no grading below mean high water. 

 

  1. Any necessary shoreline stabilization at The Point, such as a retaining wall, shall be constructed with or have the appearance of natural materials to fit with the historic and natural significance of the area.

 

  1. After construction is complete at The Point, photos of the Shoreland Zone shall be submitted to the Town.  The Town CEO shall make an on-site assessment as to the extent of the vegetation removed.  If the removal is greater than what was submitted, then CMP shall submit an updated landscaping plan for the CEO's approval.  Once the revised landscaping plan is approved, CMP shall complete the landscaping as approved.

 

  1. CMP and their contractor(s) shall comply with all road posting and obtain permits to travel over posted roads should such travel be necessary.

 

  1. CMP and their contractors should use Pork Point Road to access all areas of construction activity to the east of the bridge on Brown's Point Road.  The Brown’s Point Road bridge over the Abadagasset River shall be inspected prior to use, to ensure it is adequate to handle construction equipment. 

 

  1. Pre- and post-construction inspections shall be conducted of all public and private roads and access ways including bridges in the Town of Bowdoinham that will be used by CMP and its contractor(s) during the construction process.  The Town shall be given reasonable prior notice of said inspections and representatives of the Town shall be in attendance at all such inspections.  CMP shall provide the Town, at CMP’s sole expense, with a third party engineer of the Town's choice to assist with inspections, if needed and as needed.  CMP shall provide any requested testing of the roads as required by the Town.

 

  1. In the event that CMP or its contractor(s) damages any roads and/or access ways during the construction process, CMP or its contractor(s) shall repair all such damage to the satisfaction of the Town’s Road Commissioner or his agent. 

 

  1. CMP and/or their contractor(s) shall establish and provide the Town with unconditional access to an escrow account in the amount of $20,000 that the Town may use for emergency, safety-related repairs to roads, at the Town's discretion, if CMP or its Contractor(s) do not address needed repairs in a timely manner.  The balance of said account must remain at $20,000 throughout the construction period and until all post- construction inspections are conducted and any damage has been repaired to the Town’s satisfaction.  Any and all funds in the escrow account shall be returned to CMP within 30 days of the Road Commissioner's final post-construction inspection and approval of the roads.

 

  1. Prior to construction, CMP shall meet with Town emergency personnel to discuss CMP’s Injury Emergency Action Plan, maps of the project area, plans to facilitate implementation, and review of construction equipment.

 

  1. CMP’s Health and Safety Plan shall be updated for emergency facilities that operate within this area.

 

  1. CMP shall meet with appropriate Town representatives to review capabilities and plan for the removal of an injured worker from any transmission tower.

 

  1. OSHA 300 Log or similar State of Maine documentation shall be used to document all incidents that meet reportable requirements.

 

  1. CMP shall provide list of all fire hazards prior to construction and their location.

 

  1. CMP represents that no Confined Space Work, as defined by 29 CFR 1910.146, is contemplated.  If at any time during the construction period, Confined Space Work becomes required, no such work will be conducted unless and until a job hazard analysis is performed and all necessary precautions are taken, including but not limited to an on-site standby rescue squad, given that the Bowdoinham Fire Department does not have the necessary training, equipment, or personnel to respond to emergencies associated with Confined Space Work. 

 

  1. CMP shall obtain and submit a copy of all necessary permits from Maine Department of Environmental Protection and the Army Corp of Engineers to the Town CEO prior to the start of construction.

 

  1. CMP shall submit the final site plan for replacement tower 81/377-164 showing: grading limits, type & location of shoreline stabilization, limits for vegetation clearing, and landscaping/ buffering details prior to the start of construction.

 

  1. Documentation from the FAA regarding the required lighting for the towers/poles must be submitted to the Town.

 

  1. A copy of the geotechnical report for the portion of the project within Bowdoinham shall be submitted to the Town.

 

 

Zachau seconded the motion and all voted in favor. VOTE 5-0-0.

 

Item 4:              Other Business - CPC Presentation

 

This item was tabled until the next meeting.

 

Item 5:              Adjourn Meeting

 

Baines made a motion to close the meeting at 9:02 p.m. Zachau seconded the motion and all vote in favor. VOTE 5-0-0.

 

 

 

 

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