2008-04-24 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM
PLANNING BOARD MINUTES
April 24, 2008


ITEM 1: Call Regular Planning Board meeting to order at 7:02pm

Members Present: Ellen Baum, Paul Beltramini, Brent Zachau
Alternate Members: Todd Woofenden & Bill Shippen
Ellen Baum call meeting to order at 7:02pm.

ITEM 2: Consideration of March 29 meeting minutes.

Baum made motion to go over subdivision minutes after permit is reviewed. The rest of the minutes were reviewed. Todd will highlight typos and give to Alison. Todd seconded, All in Favor.

ITEM 3: Other Business

Ozone Monitoring: Richard Mariner, Maine Department of Environmental Protection discussed that the DEP will be installing an Ozone Monitor on the Brown’s Point Road. Information will be published in the next Bowdoinham Newsletter

Possible Project-Pike Industries, Inc. They are looking at purchasing property across from the interstate to use as a site location for crushing pavement that will be reused for the highway project. They would like to start on the project within the next 30 days and is asking the PB if the Site Location Permit Application process can be complete within that time frame. Baum suggested that a special meeting will need to be set up to expedite the process. Briand requested application to be turned in by May 5. Will do fast track application and set up a special site walk and public hearing to try to meet Pikes deadline.

ITEM 4: New Business

Shoreland Zoning Application-Blake
10 Abbagadassett Road/Tax Map R07-Lot 012
Application to re-locate temporary dock

PB reviewed the application and supporting documents for completeness.

Motion to find application complete by Brent Zachau, Seconded by Bill Shippen, All voted in Favor

Closed PB Meeting, Open Public Hearing

Frank Connors, an existing abutter, was present and expressed his approval.

Closed PH, Reopened PB Meeting

PB Reviewed Findings:

• Will maintain safe and healthful conditions
Todd Woofenden made motion that the standard for this section has been adequately met based on the finding that the dock will be used for personal use only. Paul seconded, All in Favor
• Will not result in water pollution
Todd Woofenden made motion that the standard for this section has been adequately met based on the finding that the dock is an existing structure. Paul seconded, All in Favor
• Will not result in erosion or sedimentation to surface waters
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that the dock is anchored in place with 4 pins. Bill seconded, All in Favor
• Will adequately provide for the disposal off all wastewater
Ellen Baum made a motion that this standard is not applicable based on the finding that there will be no wastewater generated. Todd seconded, All in Favor
• Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that the dock is an existing dock that is just being relocated. Bill seconded, All in favor
• Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters
Todd made a motion that the standard for this section has been adequately met based on the finding that there will not be any removal of existing vegetation. Bill seconded, All in Favor
• Will conserve natural beauty
Todd made a motion that the standard for this section has been adequately met based on the finding that it is located near an existing bridge. Bill seconded, All in Favor
• Will protect archaeological and historic resources as designated in the comprehensive plan
Todd made a motion that the standard for this section is not applicable due to the finding that the site is not an archaeological or historical site. Bill seconded, All in Favor
• Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district
Todd made a motion that the standard for this section has been met based on the finding that the dock is an existing dock just being relocated and is not located within the Commercial Fisheries/Maritime Activities District. Bill seconded, All in Favor
• Will avoid problems associated with flood plain development
Todd made a motion that the standard for this section has been met based on the finding that the proposed project is a temporary dock. Bill seconded, All in Favor
• Is in conformance with the provisions of Section 15, Land Use Standards
Bill made a motion that the standard for this section has been adequately met based on the finding that the proposed project meets the standards of both the Land Use Regulation & Shoreland Zoning Ordinance. Todd seconded, All in Favor

CONDITIONS OF APPROVAL:
1. Minimize cutting and clearing to the one birch tree that is already down and
maintain the natural vegetation of site
2. Will remove dock at end of each season
3. The town shall be reimbursed for the cost of noticing

Motion to Approve Application
Motion to approve application by Todd Woofenden, Brent Zachau seconded, All voted to Approve

Shoreland Zoning Application- Davis
707 River Road/ Tax Map R07, Lot 064D
After-the-Fact Application for deck, pool and vegetation removal

PB reviewed application materials

Motion to separate Garage and Deck into separate applications. Seconded by Todd Woofenden, All in Favor
1. Garage
2. Deck, vegetation removal and pool

PB reviewed the application and supporting documents for completeness. Motion to find application for Garage incomplete by Ellen Baum, Seconded by Bill Shippen, All voted in Favor. PB recommended Davis meet with Briand in regards to the Garage Application.

Motion to find application for deck, vegetation removal and pool complete by Ellen Baum, Seconded by Bill Shippen, All in Favor

Closed PB Meeting, Open Public Hearing
No-one present

Closed PH, Reopened PB Meeting

PB Reviewed Findings:

• Will maintain safe and healthful conditions
Todd Woofenden made motion that the standard for this section has been adequately met based on the finding that the deck will maintain safe and healthful conditions. Bill Shippen Seconded, All in Favor
• Will not result in water pollution
Todd Woofenden made motion that the standard for this section has been adequately met based on the finding that there is a 75 foot buffer between the deck and the wetland and over a 100 foot buffer to the water. Bill Shippen Seconded, All in Favor
• Will not result in erosion or sedimentation to surface waters
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that the deck has already been constructed. Bill Shippen Seconded, All in Favor
• Will adequately provide for the disposal off all wastewater
Todd Woofenden made a motion that this standard for this section is not applicable based on the finding that there will be no increase in the wastewater generated on the property that is already served by a subsurface wastewater disposal system. Bill Shippen Seconded, All in Favor
• Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that there is a 75 foot buffer between the deck and the wetland and over a 100 foot buffer to the water. Brent Zachau Seconded, All in Favor
• Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters
Bill Shippen made a motion that the standard for this section will be a condition of approval based on the finding that there shall be no additional cutting within the 75 foot buffer in between the deck and the wetland and the vegetation within the 75 foot buffer shall be allowed to regrow. Topsoil may be brought on-site to plant vegetation where the pool was located. Todd Woofenden Seconded, All in Favor
• Will conserve natural beauty
Bill Shippen made a motion that the standard for this section has been adequately met based on the finding that the deck is located adjacent to the existing home. Todd Woofenden Seconded, All in Favor
• Will protect archaeological and historic resources as designated in the comprehensive plan
Todd Woofenden made a motion that the standard for this section is not applicable due to the finding that no resources are identified in this area. Bill Shippen Seconded, All in Favor
• Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that the property is not located within the Commercial Fisheries/Maritime Activities district. Bill Shippen Seconded, All in Favor
• Will avoid problems associated with flood plain development
Todd Woofenden made a motion that the standard for this section is not applicable based on the finding that the deck is located above the floodplain elevation. Brent Zachau Seconded, All in Favor
• Is in conformance with the provisions of Section 15, Land Use Standards
Todd Woofenden made a motion that the standard for this section has been adequately met based on the finding that the deck meets the standards of both the Land Use Regulation & Shoreland Zoning Ordinance. Bill Shippen Seconded, All in Favor

CONDITIONS OF APPROVAL:
1. The town shall be reimbursed for the cost of noticing
2. There shall be no additional cutting within the 75 foot buffer in-between the deck and the wetland and the vegetation within the 75 foot buffer shall be allowed to re-grow. Topsoil may be brought on site to plant vegetation where the pool was located.

Motion to Approve Application. Motion to approve application by Todd Woofenden, Brent Zachau seconded, All voted to Approve.

The Board discussed the fact that this file and the property history was a mess and that although a previous CEO of the Town may have made an error it is the responsibility of the property owners to know the regulations and be responsible for their property.

ITEM 5: Old Business

Final Subdivision Application-Hilltop Log & Timber Homes
Pond Road/Tax Map R02, Lot 064
Application for 4-lot subdivision
Chris Boulanger walked through application.

PB reviewed application and supporting documents for completeness. Motion to find application complete by Todd Woofenden, Seconded by Brent Zachau, All in Favor.

Closed PB Meeting, Open Public Hearing
• One community member present/ No comment

Closed PH, Reopened PB Meeting

PB Reviewed Findings:

Pollution

Brent Zachau made a motion that the standards for this section has been adequately met based on the findings:
• The proposed subdivision will be in compliance with the Subsurface Wastewater Disposal Rules, the Storm water Management Law and the Sedimentation & Erosion Control Law, therefore this subdivision will not result in undue water pollution. Additionally, the proposed project is four single family dwellings therefore there should be no result in undue air pollution.
• The proposed subdivision is not proposing to discharge wastewater to a water body
• The applicant is proposing to install two storm water BMP’s to treat the storm water prior to discharging into a surface water body

Todd Woofenden Seconded, All in Favor

Sufficient Water

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• The proposed subdivision will compile with Design Standard as required in Section1-811.B.3.2 as a Condition of Approval.
• Wells will be constructed in compliance with all applicable State Laws and Rules and will meet the Design Standard as required in Section1-811.B.3.1 as a Condition of Approval.
• The proposed lots have been designed so that there are adequate soils for a subsurface waste water disposal system, as shown by the soil test pits, as well as adequate lot area remaining for the installation of a well.
• The Fire Chief has submitted a memo stating that there is a fire hydrant within one quarter mile of the proposed subdivision with adequate capacity for fire suppression.
• Within one year of the date of purchase, each lot owner shall be guaranteed by the subdivider that the water supply shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If the water quality contains contaminants in excess of secondary drinking water standards in the Maine Rules Relating to Drinking Water, then the purchase price shall be refunded.
Todd Woofenden seconded, All in Favor

Impact on Existing Water Supplies

Brent Zachau made a motion that the standard for this section is not applicable based on the findings: The proposed subdivision is proposing to use private wells, not the municipal water supply. Todd Woofenden Seconded, All in Favor.

Soil Erosion

Brent Zachau made a motion that the standards for this section have been adequately met based on the findings:
• The proposed subdivision will be in compliance with the State’s Erosion Control Law, per the Erosion Control Plan, dated 3/16/08.
• The contractor shall follow best management practices as required by Maine Department of Environmental Protection, as stated in the projects Erosion Control Plan.
• The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean-up stages. To ensure that this performance standard is met it shall be a condition of approval.
• Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from the roads, parking areas, and building excavations unless the removal has received site plan approval in accordance with the extraction provisions of the Zoning Ordinance. To ensure that this performance standard is met it shall be a condition of approval

Todd Woofenden Seconded, All in Favor


Traffic Conditions

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• A driveway entrance permit has been obtained by Maine DOT.
• The proposed road will be constructed to meet private road standards and an MDOT entrance permit has been obtained as required.
• All lot driveways will be located on the private road. The private road connects to Route 125 in one location. Significant traffic congestion is not expected for this development.
• The proposed road will be constructed to meet private road standards and an MDOT entrance permit has been obtained as required.
• All of the proposed driveways will access onto the proposed subdivision road. Quarry Lane is proposed for the road name.
• The proposed project will not result in a reduction in the level of service for Route 125.
• The proposed road will be constructed to meet private road standards and an MDOT entrance permit has been obtained as required
• Maine Department of Transportation will make the determination if the standard is necessary, as Route 125 is a State Road
• This standard is not applicable as there are no nearby streets to provide access to
• The developer shall reimburse the Town for the costs of the street name sign, the stop sign, and their installation
• Areas within the right of way shall be cleared of stumps and debris. Stumps shall be ground up on site and used for erosion control mix

Todd Woofenden Seconded, All in Favor

Sewage Disposal

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• Adequate soils are available for a subsurface wastewater disposal system on each proposed lot, as shown by the soil test pits.
• The applicant has submitted page 2 of the Subsurface Wastewater Disposal System Application form, which was prepared by Daniel Colby, Site Evaluator
• The test pits were completed by a licensed site evaluator based on the proposed use (single family homes) as required.
• Two test pits have been shown for each proposed lot.
• The disposal areas are not shown on D soils as stated by Daniel Colby
Todd Woofenden Seconded, All in Favor

Solid Waste

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• The Town’s Solid Waste Manager, David Berry has submitted an email, dated March 24, 2008, stating that there would be no adverse impact of the Town’s solid waste program.
• Trash pickup will be the responsibility of the residential lot owners.
• The hauler shall designate a suitable place for the trash to be picked up
• Trash pickup will be the responsibility of the residential lot owners
Todd Woofenden Seconded, All in Favor

Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural Areas, or Public Access to the Shoreline

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• The proposed project will have no adverse impact on natural beauty, Aesthetics, Historic Sites, Wildlife Habitat, or rare natural areas.
• The proposed subdivision is setback 800 feet from Route 125.
• The Planning Board is not requiring a landscaping plan with street trees
• No portion of the proposed subdivision has been designated by Maine Department of Inland Fisheries and Wildlife as Essential Wildlife Habitat, as shown on the “Essential Wildlife Habitats for Maine” exhibit
• A letter from Maine Natural Areas Program indicating no rare or botanical features documented specifically within the project area has been submitted.
• A letter from Maine Historic Preservation Commission indicating the proposed project will have no effect upon historic properties has been submitted.
• No portion of the proposed subdivision has been designated by Maine Department of Inland Fisheries and Wildlife as Essential Wildlife Habitat, as shown on the Essential Wildlife Habitats for Maine exhibit
Todd Woofenden Seconded, All in Favor

Conformance with Zoning Ordinance and Other Land Use Ordinances

Brent Zachau made a motion that the standard for this section has been adequately met based on the finding that the proposed project meets all applicable requirements of this standard. Todd Woofenden Seconded, All in Favor.

Financial and Technical Capacity

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• The applicant has provided funding commitments from a financial institution. The applicant will contract with Sam Snow Construction who has successfully completed the last 8 projects by the developer.
• The owner intends to self finance the project and has provided a financial letter from Gardiner Savings Bank of Maine stating that the applicant has the financial capacity.
• The applicant has provided a cost estimate of $46000.00 to complete the project.
• The applicant has provided a letter from Gardiner Savings Bank of Maine stating Hilltop Log & Timber Home has the financial and technical capacity, and resources available to carry out this project.
• Sam Snow Construction will complete required improvements. The contractor has completed several successful projects with the owner. A professional land surveyor completed the lot division. A professional engineer completed the road design and specifications for the road.
• Hilltop Log and Timber Homes has been in existence since 1983. They have completed numerous projects in the last 24 years. They have the expertise and technical capacity to complete the project.
Todd Woofenden seconded, All in Favor

Impact on Water Quality or Shoreline

Brent Zachau made a motion that the standard for this section is not applicable based on the findings:
• The proposed subdivision is not located within the Shoreland Zone.
• The proposed subdivision does not have frontage on an outstanding river segment.
• No docks are proposed for this subdivision.
Todd Woofenden Seconded, All in Favor


Impact on Ground Water Quality or Quantity

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• The proposed project includes the installation of approved septic systems. Wells will be installed in accordance with industry standards. No adverse impacts to water quality and quantity of ground water are expected from this development.
• The proposed project includes the installation of approved septic systems. Wells will be installed in accordance with industry standards. No adverse impact to water quality and quantity of ground water is expected from this development.
• Each lot owner shall be guaranteed by the subdivider that the water supply shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If the water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, then the purchase price shall be refunded.
• The Planning Board is not requiring that a hydro geologic assessment be performed.
• An associating well is not proposed.
Todd Woofenden Seconded, All in Favor

Floodplain Management

Brent Zachau made a motion that the standard for this section is not applicable based on the findings:
• The proposed subdivision is not located within the 100-year floodplain, as shown on the Flood Insurance Rate Map.
• The proposed subdivision is not located within the 100-year floodplain, as shown on the Flood Insurance Rate Map.
Todd Woofenden Seconded, All in Favor.

Identification of Freshwater Wetlands

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• As stated in the memo from Daniel Colby, dated March 24, 2008, all wetlands have been mapped.
• As stated in the memo from Daniel Colby, dated February 28, 2008, all wetlands have been mapped and there are no vernal pools located on the property.
Todd Woofenden Seconded, All in Favor.

Rivers, Streams, and Brooks

Brent Zachau made a motion that the standard for this section has been adequately met based on the finding that a stream has been located and is shown of the subdivision plan. Todd Woofenden Seconded, All in Favor.

Storm Water Management

Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
• Storm water calculations have been provided.
• The project will not increase flooding of downstream structures or properties.
• Culverts are provided to provide adequate drainage.
• Runoff will travel through wooded buffer areas prior to discharge into the stream.
Todd Woofenden Seconded, All in favor

Spaghetti Lots
Brent Zachau made a motion that the standard for this section has been adequately met based on the findings:
None of the proposed lots have a lot depth to shore frontage ratio of greater than five to one.
Todd Woofenden Seconded, All in Favor

Impacts on adjoining municipalities

Brent Zachau made a motion that the standard for this section is not applicable based on the finding that no part of the proposed subdivision is located in an adjoining municipality. Todd Woofenden Seconded, All in Favor.

Liquidation Harvesting

Brent Zachau made a motion that the standard for this section has been adequately met based on the finding that timber has not been harvested from this property within the last five years. Todd Woofenden Seconded, All in Favor

CONDITIONS OF APPROVAL:

• The property shown on this plan may be developed and used only as depicted on this approved plan. All elements and features of the plan and all representations made by the applicant concerning the development and use of the property which appear in the record of the Planning Board approval are conditions of approval. No change from the conditions of approval is permitted unless an amended plan is submitted and approved under the provisions of this Ordinance governing revisions to approved plans.
• Dug wells shall not be constructed within one hundred (100) feet of the edge of the pavement of any street, if located downhill from the street, in no case shall a well be located within fifty (50) feet of the edge of the pavement of any street, if located uphill of the street. This restriction shall be included as a note on the plan and included in deed restrictions for the affected lots.
• Within one (1) year of the date of purchase, each lot owner shall be guaranteed by the subdivider access to a supply of potable water of at least three hundred and fifty (350) gallons/day, or the purchase price shall be refunded.
• Within one (1) year of the date of purchase, each lot owner shall be guaranteed by the subdivider that the water supply shall meet the primary drinking water standards contained in the Maine Rules Relating to Drinking Water. If the water quality contains contaminants in excess of the secondary drinking water standards in the Maine Rules Relating to Drinking Water, then the purchase price shall be refunded.
• Individual Wells and Subsurface Wastewater Disposal Systems shall be designed in compliance with the Maine Subsurface Wastewater Disposal Rules, the Well Drillers and Pump Installers Rules
• The procedures outlined in the erosion and sedimentation control plan shall be implemented during the site preparation, construction, and clean-up stages, as required by Maine Department of Environmental Protection’s Best Management Practices.
• Topsoil shall be considered part of the subdivision and shall not be removed from the site except for surplus topsoil from roads, parking areas, and building excavations unless the removal has received site plan approval in accordance with the extraction provisions of the Zoning Ordinance.
• A performance guarantee, acceptable to Town Staff, shall be submitted as required.
• Any future division shall constitute a revision to the plan and shall require approval from the Board based upon the criteria of the subdivision statute at the time of the revision, the standards of the Town’s Subdivision Ordinance then in effect, and any conditions placed on the original approval.
• The developer shall reimburse the Town for the costs of the street name sign, the stop sign, and their installation.

Motion to Approve Application
Motion to Approve Application with the above stated conditions of approval by Brent Zachau, Todd Woofenden Seconded, All in Favor

ITEM 7: Adjourn meeting at 10:15pm


Approved 6-26-08