2007-02-22 Planning Board Meeting Minutes

February 22, 2007

Item 1:        Call Public Hearing to Order

        Application for a Conditional Use Permit
        Gravel extraction pit less than 5 acres in size.

The public hearing was called to order by Mr. Whitney at 7:00 pm.  12 residents were in attendance.

Pete Galle who lives across Millay Road from the proposed project area addresses the board and explains his concerns regarding the proposed extraction pit.  He has concerns that Millay Road is not wide enough to accommodate the added traffic from trucks traveling back and forth to the pit and that because of this it is a public safety issue.  Also he states that the does not believe that this type of business is typical of the current neighborhood characteristics.  Mr. Galle states that he believes that the Road Commissioner is not qualified to determine the amount of damage that will be done by the added traffic of heavy loads and that a certified traffic engineer should have been hired to examine the impact of the gravel pit on the road. 

Janet Galle, of Millay Road, explains that the board that she walks the road almost daily and also has concerns about the road and the varying widths from one end to the other.  Bill Shippin and Matt Frechette residents who live along Millay Road were also there to state their concerns for the condition of the road, they also both stated the courtesy they have been give when walking along the road by Mr. Tourtelotte’s drivers.  Mr. Tourtelotte explained that he had agreed to the condition which will only allow his trucks and the Town of Bowdoinham trucks to enter and use the gravel pit.   Mr. Tourtelotte has also agreed to the limits being imposed by the Road Commissioner, which include a yearly bond for road repair due to the use by his trucks.  Brian Hobart voiced his support for the application.  

Item 2:        Close Public Hearing

The public hearing was closed by Mr. Whitney at 7:42 pm.

Members present:  Whitney, McGee, Oakes, Baum, Beltramini, Evans, Zachau

Item 3:        Call to Regular Planning Board Meeting to Order

Mr. Whitney called the regular Planning Board meeting to order at 7:43 pm
Item 4:        Consideration of the January 25, 2006 Meeting Minutes
Whitney motions to approve the minutes with changes.  Seconded by McGee. 
Vote 5-0 in favor, motion passes. 
Item 5:           Old Business
    A. Douglas Tourtelotte
    369 Millay Road / Tax Map R3 Lot 63 contiguous with Map R2 Lot 53B
Application for a Conditional Use permit to create a gravel extraction pit, 5 acres or less in size.

This application is being reviewed under the Land Use Regulation & Shoreland Zoning Ordinance of the Town of Bowdoinham, dated May 8, 2002, section 1-110 sub-section 26. 

A letter from Molly Zogby at MDEP, states that the DEP will need issue a permit as the pit is less than 5 acres in size and does not occur in, on or adjacent to a protected natural resource.   The letter does explain that Mr. Tourtelotte will need to apply for a Stormwater Permit By Rule under the state Stormwater Management Law. 

On the survey plan Note #4 requires that a silt fence will be installed and maintained for erosion control, Mr. Tourtelotte would like to add the option of using another form of an erosion control approved by MDEP Best Management Practices. 

Mr. Tourtelotte explains that he has had several conversations with the Road Commissioner and Director of Public Works and he as agreed to work with these town officials to ensure that Millay Road endure the minimal amount of damage due to the opening of the gravel pit.  Mr. Tourtelotte has also agreed to limit the hour of operation to 7:30 am to 5:00 pm, Monday through Friday and will not transport any gravel in his trucks during the time of year when the road are posted for heavy loads.  Additionally, he will be financially responsible for any roads signs that the Road Commissioner requests due to the activity in the gravel pit. 

Ed Friedman asks if any fuel storage will take place on site and in the event of a fuel spill, does Mr. Tourtelotte have a fuel spill kit.  Mr. Tourtelotte responds that he will not be storing any fuel at the site, and if a fuel spill occurs he will remove the spill area and dispose of the contaminated earth using practices designed for fuel spills. 

The noise generated by activity in the gravel pit is a concern.  The decibel test has been done and Mr. Tourtelotte would like to remind the board that it was done at a time when the trees were without leaves and there was very limited vegetation in the area.  The stockpiles of stumps that will be located near Millay Road are expected to also reduce the noise. 

Mr. Tourtelotte will need to submit an application for timber harvesting to the Planning Board before any extraction can take place, in order to build a road into the proposed gravel pit area. 

Whitney motions to approve the application of Doug Tourtelotte for a gravel extraction permit, less than 5 acres in size with the following conditions:

•    Limit of 3600 yards per year may be removed as per the request of the Bowdoinham Road Commissioner,
•    A road use impact bond will be purchased by Mr. Tourtelotte each year to cover any repair to Millay Road within 100 feet of the entrance of the gravel pit in either direction, as deemed necessary by the Bowdoinham Road Commissioner,
•    The footprint of the gravel pit will not exceed what is drawn on a survey map done by Harty and Harty, dated December 18, 2006,
•    The approval of this application is only given to Doug Tourtelotte and his son, Adam Sampson,
•    Operating hours for the gravel pit will be limited to 7:30 am to 5:00 pm, Monday through Friday,
•    No blasting will occur at the gravel pit,
•    No crushing will occur at the gravel pit,
•    Erosion control will be achieved by a silt fence as stated on the survey map or by MDEP Best Management Practices,
•    A monitoring well will be installed near the gravel pit to ensure that extraction will not take place lower than 5 feet about ground water, this will be periodically inspected by the Code Enforcement Officer,
•    Crushed rock will be added to the driveway for the first 100 feet and be level with Millay Road,
•    Road signs will be purchased by Mr. Tourtelotte to be placed on Millay Road as requested by the Bowdoinham Road Commissioner,
•    No fuel storage will be allowed at the gravel pit site,
•    Only trucks owned and operated by Mr. Tourtelotte and the Town of Bowdoinham will be allowed to access and remove gravel from the pit,
•    Reclamation will include returning the site to the original grade of the land and planting grass seed to prevent erosion of the site.

Seconded by Baum. 
Whitney, McGee, Oakes, Baum and Beltramini vote in favor of the application.  No votes against.
Motion passes. 

Item 6:    New Business
Item 7:      Other Business
A.    Land Use Forum re-cap and discussion

Item 8:        Adjourn Meeting

Chair Whitney motions to adjourn the meeting at 9:40 pm.