2008-05-22 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM
PLANNING BOARD MINTUTES
May 22, 2008


Item 1: Call Regular Planning Board meeting to order at 7:00 pm.

Members Present: Ellen Baum, Paul Beltramini, Brent Zachau, Billie Oaks
Alternate Members Presents: Todd Woofenden & Bill Shippen
Also Present: Nicole Briand, Town Planner & Code Enforcement Officer

Ellen Baum call meeting to order at 7:00pm.

Bill Shippen appointed voting member

Item 2: Consideration of the April 24, 2008 Meeting Minutes

Zachau moves to approve minutes as amended, Shippen seconded and all voted in favor.

Item 3: Old Business

Sign Approval Letters for Davis & Blake

Completed at end of the meeting.

Item 4: New Business

Expansion of Nonconforming Use Application – Scribner
43 Bay Rd – Tax Map U02, Lot 008

Corie Scribner described project. Application is to construct a 28-ft by 28-ft two car garage with a 2nd floor for storage. There will be no bathroom in the garage.

Briand explained that the proposed garage requires Planning Board approval because Section 1-108.B of the Land Use Regulation & Shoreland Zoning Ordinance states that no non-conforming use may be expanded without a permit from the Planning Board. This proposed garage is considered an expansion of a non-conforming use because the subject property is a non-conforming lot containing less than one acre of land and Section 1-108.A of the Land Use Regulation & Shoreland Zoning Ordinance states that land not in conformance with the provision of this Ordinance shall be considered a non-conforming use. A variance is not required from the Board of Appeals because the garage will meet the required setbacks.

Board reviews application for completeness. Oakes requested that the applicants submit a copy of a property survey to the Code Enforcement Officer with the Building Permit Application if there is one. Zachau moves to find complete application, Shippen seconds and all voted in favor.

Board reviews application using criteria in Section 1-112, #6.

a. Will not result in unsafe or unhealthful conditions.

The construction of a garage should not result in unsafe or unhealthful conditions.

b. Will not result in erosion or sedimentation.

Erosion and sedimentation controls shall be used during construction.

c. Will not result in water pollution.

Erosion and sedimentation controls shall be used during construction.

d. Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat.

The project is located over 300 feet from the Cathance River in a developed area.

e. Will conserve shoreland vegetation.

The project is not located within a shoreland area.

f. Will conserve visual points of access to waters as viewed from public facilities.

The project is not located within a shoreland area.

g. Will conserve actual points of public access to waters.

The project is not located within a shoreland area.

h. Will conserve natural beauty.

The proposed project will be consistent with the residential development in the area.

i. Will avoid problems associated with flood plain development and use.

The project is not located within a flood plain.

Baum asked the Board if there were any other issues with the lot being undersized.

Woofenden stated that the property is located within the village area where denser development should be located and a house with a garage is a normal residential use.

Shippen advised applicant to look for survey pins and speak with neighbor to ensure that the garage will meet the property setbacks so that they will not have any issues later.

Zachau moved to approve application, Shippen seconded and all voted in favor.

Land Use/Timber Harvesting Application – Zachau
Tax Map U04, Lot 014-A

Zachau removes himself from the Planning Board. Baum appointed Woofenden a voting member.

Zachau described project. Zachau is requesting to clear approximately 3 acres of land in order to convert the area back to pasture. The parcel used to be pasture, but over the years has grown in with pine trees.

Woofenden moved to find the application complete, Shippen seconded, and all voted in favor.

Woofenden asked what the plans are for the three acres.

Zachau responded, thinking of trying to do agricultural activities- possibly tilling or a greenhouse and/or using the area for exposure for solar energy.

Woofenden stated that he does not see any concerns because the property used to be a pasture for agriculture and that the applicant is requesting to revert the property to its historical state and possibly use. The Board agreed.

Board reviews application using criteria in Section 1-112, #6.

a. Will not result in unsafe or unhealthful conditions.

The proper best management practices shall be used to ensure this criterion is met.

b. Will not result in erosion or sedimentation.

Erosion and sedimentation controls shall be used and a buffer shall be maintained to the steep slopes.

c. Will not result in water pollution.

Erosion and sedimentation controls shall be used, a buffer shall be maintained to the steep slopes and best management practices for forestry/timber harvesting shall be used.

d. Will not result in damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat.

The project should not degrade any wildlife habitat.

e. Will conserve shoreland vegetation.

The project is not located within a shoreland area.

f. Will conserve visual points of access to waters as viewed from public facilities.

The project is not located within a shoreland area.

g. Will conserve actual points of public access to waters.

The project is not located within a shoreland area.

h. Will conserve natural beauty.

The proposed project will not affect the natural beauty, as the land is just being converted to pasture.

i. Will avoid problems associated with flood plain development and use.

The project is not located within a flood plain.

Woofenden moved to approve the application with the following conditions of approval:

• Best management practices for forestry, timber harvesting and erosion/sedimentation control shall be used.

Beltramini seconded, and all voted in favor.

Item 5: Other Business –

Pike Industries - Pike Industries emailed Nicole Briand after April Planning Board Meeting to let us know that they will not be going forward with project in Bowdoinham.

Item 6: Adjourn Meeting at 7:52 pm.

Approved 6/26/08