2007-01-25 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM
PLANNING BOARD MINUTES
January 25, 2007

Present: Whitney, McGee, Oakes, Baum, Beltramini, Zachau
Absent:  Evans

Item 1:        Call Regular Planning Board Meeting to Order
        Meeting called to order at 7:00 pm

Item 2:        Election of officers at 7:02
Oakes motions to keep Whitney as Chair, McGee as Vice Chair, and Baum as Secretary.
Seconded by Whitney
Vote 5-0 in favor
       
Item 3:        Consideration of the December 21, 2006 Meeting Minutes
Oakes motions to accept the minutes as amended, seconded by McGee
Vote 5-0 in favor
                       
Item 4:           Old Business
   
    A. Douglas Tourtelotte
    369 Millay Road / Tax Map R3 Lot 63 contiguous with Map R2 Lot 53B
Application for a Site Plan Review - gravel extraction pit, 5 acres or less in size.

Whitney explains to the visitors that the Board will not be holding a public hearing on this item tonight as this meeting is to determine if the application is complete.

Whitney reviews the needed papers from last meeting and reads the Town Manager’s letter and a letter from the Director of Public Works. 

Whitney reviews a noise/decibel test letter from Code Officer and asks the Code Officer to read the letter.  Chair Whitney asks for a Noise Decibels Standard and the type of machinery that was tested.  The Code Officer explains that the noise test taken was not done in accordance with any gravel pit requirements and is not certified as accurate information, it is only a rough estimate. The machine was a John Deere Bucket loader, 544 Model, with the beeper on. Baum asks to look into the application submitted by Hilltop Log Homes for their Log Cabin Planner.

Chair Whitney also asks for information regarding DEP standards for gravel pits. Code Enforcement Officer will be contacting Molly Zogby of the MDEP for a letter.
    Peter Galle offers that the DEP has a standard.
   
A neighbor, who lives on Millay Road in Bowdoin, asks about the road limitations proposed.  The response is 300 trips per year with the total not to exceed 3600 cubic yards removed per year as proposed by the Road Commissioner.
Applicant explains he has three-axle dump trucks with 10 tires per truck, which distributes the load over more surface area, resulting in less road damage.

A note is to be added to the file that if there is a change sought in the future, the applicant would need to come back to the Planning Board for additional approval. 
 
Town of Bowdoin Selectperson, Debbie Hachey, asks if the Planning Board notifies neighboring towns when applications such as this are before the Planning Board.  Chair Whitney states that in this instance the Board did, but it is not specifically required by the ordinance.

The depth of water and the five-foot separation to the seasonal water table is questioned pertaining to who monitors the water level.  Applicant explains that the DEP has this as a requirement. 

    Baum asks if a permit to go into the ground water is needed.  Applicant says yes, DEP would require a permit.  The five-foot rule is required without a permit.  Whitney asked if we have a letter from the DEP.  Code Enforcement Officer replies that we do not have a letter but will request one from DEP.  Code Enforcement Officer spoke with a soil scientist who suggested a monitoring well to determine seasonal ground water level. 

A copy of the deed for this parcel is on file. 

A timber harvesting permit application has not been submitted to the town.  It does not need to be obtained before the gravel extraction permit is given, although it will be required before any extraction begins. 

The distance to nearest neighbor from the proposed pit is 180 yards, as stated by Mr. Tourtelotte.  That property is owned by the Holts.  A letter stating that the pit will not expand beyond the stated footprint on the survey map was put into the file.  McGee would like to see the buffer distance to the abutter property lines on a map.  Mr. Tourtelotte would like to establish that this permit is for his son as well as himself and his business, and agrees that the permit will not be transferred to anyone else. 

Mr. Galle, a neighbor, has sent an email to Whitney stating various concerns about this application process.
   

Whitney moves to accept the application for a gravel extraction permit of 5 acres or less in size as complete.  Baum seconds. 
Vote 5-0 in favor.
   
    A Public Hearing is set for Feb. 22 at 7 pm. 

B.  S & K Enterprises
        PO Box 543, Bath, ME 04530 / Tax Map R9 Lot 23A
        Pre-application for a major subdivision
        Represented by Michael Falla, PLS of Falla and Sons Land Surveys, Inc
   
Revised map of the proposed subdivision with the number of lots reduced to 9.

Mr. Falla and Mr. Kerina are here to represent S&K enterprises

A new sketch plan map has been presented with a modified proposal for 9 lots, previously 12 lots had been asked for. 

Mr. Falla reviewed his application and explained that the wetlands have now been mapped. He also has been in touch with the Fenimores, who were concerned that their property line was being infringed upon.  After the S&K survey was done, according to the legal description, Mr. Corinna and the Fenimores discussed a property owner’s agreement.  This would be a legal document that would be agreed upon before the subdivision is approved.  The area in question has been estimated at 4/10 of an acre.

Oakes states her concern about the area where the subdivision road will enter Bay Road.  Mr. Kerina presents a report from the DOT about accidents in the past five years and sight distances.  The report will be given to the Town for the file.  Mr. Kerina would be willing to purchase road signs if the Planning Board asks, to help ensure the safety of the road. 

1500 feet of road would extend to lot 4.  Whitney explains that the Fire Chief would need to be consulted about the road and any turnarounds on the road.  The applicant would like to be allowed 2700 feet of road to get the proposed 9 lots onto the parcel, and will request a waiver of the 1500 foot length condition that pertains to dead end roads in a subdivision.

3 open space areas are proposed on this sketch plan. 

Oakes is concerned about the watershed of the property.  She is concerned about the possibility that the water will be directed to the Cathance River. 

Mr. Falla submits a Wetland Assessment Report that will be placed in the file.

Mr. Kerina plans to sell the lots with houses as a package deal.  Currently he is aware of 3 interested clients.   

The parcel’s high spot is the ridge by the stone wall behind lot 1.  Contours have not yet been added to the plan. 

McGee voices concern about the amount of wetland on the property.  She would also like to view the property after the snow has melted to have an accurate assessment of the wetland area.

A Site Walk is scheduled for February 12, 2007 at 4 pm. 

Item 5:    New Business
       
        A.  Bradley Carter
        389 River Road / Tax Map R7 Lot 37
        Site Plan Review
        Application for an auto body repair and mechanical shop.

The Code Enforcement Officer explains that Mr. Carter has been served with a Notice of Violation from the Code Enforcement Office.   The violation involves operating a commercial business (repairing motor vehicles) without Site Plan approval.

Mr. Carter’s history as states by the Code Enforcement Officer:  In April of 2006 Mr. Carter was in violation of the State junkyard law, (more than two unregistered vehicles on property with no junkyard permit.)  Mr. Carter cleaned up the yard by May 31, 2006.  Complaints came into the office that he was running a repair shop out of the garage on this lot.
The Town Of Bowdoinham, through the Code Officer, has directed Mr. Carter to apply for Site Plan approval through the Planning Board because Mr. Carter would like to change the use from a personal garage to commercial garage. He also would like to add 20’x45’ addition to the garage on a slab, which he intends to be a paint booth.  Currently the garage is heated with oil. 

Currently there is a well and old septic system on the property.  The viability of the septic is in question and the applicant will hire someone to determine if it is usable for a commercial facility.  The applicant currently uses the well with a hose running from the well to the garage.  The applicant is the only person who will be working in the garage.  He does not expect to hire any employees.  

Johnny Staples takes Mr. Carter’s solid waste that is generated by the garage.  The Code Enforcement Officer states that there are not any erosion control issues at this time and any future building that takes place will have to follow all erosion control measures, including a silt fence and re-vegetation.

Mr. Montejo, who also lives on River Road, is concerned about chemicals being washed into floor drains or being absorbed into the land.  The Code Enforcement Officer replies that floor drains cannot be drained into a septic and would need to be held in a special holding tank.  Another neighbor states his concern about airborne matter that could potentially be hazardous.  The Code Enforcement Officer states that Mr. Carter must follow DEP Best Management Practices according to state law.  Baum suggests adding the DEP BMP as a condition of approval.

The Planning Board reviews the submitted materials and requests that the following items be submitted before the application can be ruled as complete. 
•    Survey of property with current buildings, proposed additions or new buildings, and abutters shown.
•    The current building must conform to the State Plumbing Code and contain running water and a toilet facility. 
•    Water / Septic issue:  need sink, toilet and running water, per State Plumbing Code.
•    Need a plan for running water, bathroom facilities, and confirmation of existing septic viability.

The Code Enforcement Officer will find and report to the applicant and the Planning Board:
•    Guidelines for paint / chemicals within proximity of fire hazards,
•    Standards for handling paint / chemicals in an auto body shop - less than 35 gallons of     flammable liquids.
•    Construction guidelines for an auto body paint shop.

Whitney motions to accept the application as complete.
Seconded by McGee
Vote 0-5 motion fails

The applicant will return to the board with needed materials within the next few months.

Item 6:      Other Business

Item 7:        Adjourn Meeting

Motion to adjourn:  9:45