2008-02-28 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM
PLANNING BOARD MINUTES
FEBRUARY 28, 2008

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

Members Present: Kay Evans, Ellen Baum, Paul Beltramini, Brent Zachau & Billie Oakes
Alternate Members: Bill Shippen & Todd Woofenden
Ellen Baum call meeting to order at 7:02pm. Determine quorum and voting members. All board members present.

ITEM 2:    Consideration of January  24 meeting minutes.
Revisions made to 1/24 minutes. Amended minutes to be reviewed at next PB meeting

ITEM 3:    New Business

        Locally Known
        107 Pork Point Road/Tax Map R10 Lot 32
       
Ben Dobson, President, Shimon Horowitz, Vice President, and David Holstein, Equipment Operator was present. Applicant is under a time frame and goal is to complete application process in one meeting.  Shimon Horowitz walked through application as follows:
•    Application Letter to Planning Board
•    Sit Plan Review Application
•    Surveyors Site-Map-Current Lot Condition
•    Surveyors Site Map-Proposed Changes to Lot
•    Existing Soil Conditions of Lot
•    Aquifer/Aquifer Recharge Areas and Flood Plane Map
•    Abutting Landowner Municipal Tax Maps and Lot Numbers
•    Applicants Written Statement
•    Performance Standards
•    Owner/Applicant Lease Agreement
•    Owners Deed
•    Owners Letter of Agreement
•    Solid Waste Removal Contract
•    Excavation Erosion Control Contractor Quote
•    Letters of Notification
•    Septic Service Vendor Contract
•    Requested Site Plan Ordinance Waivers
•    Letter From Fire Chief
•    Site Photographs
•    Architectural Renderings/Drawings of Proposed Building
•    Site Evaluation for Gray Water Treatment Area

Questions that arose:
    Kay Evans asked what anticipated daily water consumption would be and if supply was adequate for business and existing mobile home. Mr. Horowitz replied that the trailer has its own well and septic.
    Kay Evans asked what estimated truck usage would be. Mr. Horowitz replied that 7 trucks will be used per week, an increase of 2 from last year.
    Bill Shippen asked what the existing mobile home would be used for. Mr. Horowitz replied that it will be used by employees.
    Kay Evans asked if using woods as buffers is a concern. Mr. Horowitz replied that the State of Maine encourages using woods as buffers.
    Todd Woofenden asked if woods to be used as a buffer are on applicable lot. Mr. Horowitz replied that they are on applicable lot.
    Paul Beltramini asked if additional clearing will have to take place. Mr. Horowitz replied that some additional trees will have to be cut down.


ITEM 4: Motion to Approve Application Complete

Motion to Approve Application Complete by Brent Zachau, seconded by Paul Beltramini, Vote all in Favor.

ITEM 5: Motion to close Regular Planning Board meeting by Kay Evans, seconded by          
    Paul Beltramini

ITEM 6: Call Public Hearing to Order
Public Hearing was called to order by Evans with 3 residents in attendance.
•    Gordon Frizzle (R10-030) lives across the street from proposed project area and is in support of the project.
•    Alan Hanson (R10-031) is in support of the project and is happy to see them there.
•    Pat Hardy is in support of the project.

KayEvans asked if there were any other concerns from residents.
Nicole received a call from an abutter in regards to what the noise level is going to be.  Mr. Dobson responded by explaining that only the compressors for the coolers will be running during the evening hours and the noise is contained to the inside of the coolers.
   
ITEM 7: Close Public Hearing

ITEM 8: Reopen Regular Planning Board Meeting

KayEvans asked how performance standards should be voted on and it was decided that each standard would have a motion and vote.

1.    Preserve and Enhance Landscape

Ellen Baum made motion that this performance standard was adequately me based on:

 Finding- The construction area is limited to the rear of the existing building and the applicant will plant 5 trees to minimize the visibility from Carrot House Road.

Billie Oakes seconded, All in Favor

2.    Relationship of the Proposed Building to Environment shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed building(s)

Ellen Baum made motion that this performance standard was adequately met based on:

 Finding- The proposed buildings will be located to the rear of the existing building where significant earthwork will not be required.

Brent Zachau seconded, All in Favor

3.    Vehicular Access- the proposed site shall provide for safe access and egress from public and private roads by providing adequate location, numbers, and control of access points, including site distances, turning lanes, and traffic signalization when required by existing and projected traffic flow on the municipal road systems.

Ellen Baum made motion that this performance standard was adequately met based on:

 Finding- The access and egress from this site is from Carrot House Road via Pork Point Road.

Billie Oakes seconded, All in Favor

4.    Parking and Circulation: The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives, and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement and use of parking areas.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding- There is a large gravel area, which gives ample room for parking and maneuvering of all vehicular traffic.

 Billie Oakes seconded, All in Favor
5.    Surface Water Drainage: Adequate provision shall be made for surface drainage so that removal of surface waters will not adversely affect neighboring properties, downstream water quality, soil erosion, or the public storm drainage system. Whenever possible, on-site absorption of run-off waters shall be utilized to minimize discharges from the site.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding- All surface drainage will flow into the wooded buffer located to the rear of the property, so there should be no adverse affect on neighboring properties, downstream water quality, or soil erosion.

Billie Oakes seconded, All in favor
   

6.    Existing Utilities: The development shall not impose an unreasonable burden on the sewers, sanitary and storm drains, water lines, or other public utilities.

Ellen Baum made motion that this performance standard was adequately met based on:

 Finding- There is no existing sewers, storm drains or water lines within the vicinity of the site. There will be no change in the existing electrical connection, as the proposed additions will hook up to the existing building.

Brent Zachau seconded, All in Favor

7.    Advertising Features: The size, location, design, lighting, and materials of exterior signs or outdoor advertising structures or features shall conform to standards as specified in Section 1-111(K), and further shall not detract from the design of proposed buildings and structures and the surrounding properties.

Billie Oakes made motion that this performance standard was not applicable based on the finding that there are no signs existing or proposed for this site.

Ellen Baum seconded, All in Favor.

8.    Special Features of the Development: Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utility buildings, and similar structures shall have sufficient setbacks and screening to provide an audio/visual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

Paul Beltramini made motion that this performance standard was adequately met based on:

 Finding -The additions to the property will be located behind the existing building, which will serve to screen the view from the road while the wooded buffer along the southern property line will screen the view for abutting properties.

 Billie Oakes seconded, All in Favor

9.    Exterior Lighting: All exterior lighting shall be designed to minimize adverse impact on neighboring properties.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding- The applicant is proposing no new exterior lighting.

Billie Oakes seconded, All in Favor

10.    Emergency Vehicle Access: Provisions shall be made for providing and maintaining convenient and safe emergency vehicle access to all buildings and structures at all times.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding -The proposed site plan shows 100-foot wide gravel access way from Carrot House Road, which should provide adequate access to the building and the site for emergency vehicles.

 Billie Oakes seconded, All in Favor

11.    Municipal Services: The development will not have an unreasonable adverse impact on the municipal services, including municipal road systems, fire department, police department, solid waste program, sewage treatment plant, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

Paul Beltramini made motion that this performance standard was adequately met based on:

 Memos- provided by the fire chief, public works director, and town manager stating that they have no issues with the proposed project.

 Ellen Baum seconded, All in Favor

12.    Will not result in water pollution.

Brent Zachau made motion that this performance standard was adequately met based on:

Finding -The proposed development is not located in a floodplain

Finding -A Subsurface Wastewater Disposal System has been designed by a licensed Site Evaluator and is included in tab 21

Finding-The site is relatively flat and will not affect the Subsurface Wastewater Disposal System

Finding -The run-off from the property will flow into a drainage way and discharge into a wooded buffer.

Finding -The development does not trigger State review for Storm water Management or Natural Resources Protection Act.

Paul Beltramini seconded, All in Favor

13.    Will not result in undue air pollution: It shall consult federal and state authorities to determine applicable air quality laws and regulations.

Paul Beltramini made motion that this performance standard was adequately met based on:

 Finding- The proposed development is not expected to create air pollution, as none of the proposed equipment will discharge exhaust that could affect the air quality.

 Brent Zachau seconded, All in Favor.
14.    Has sufficient water available for the reasonably foreseeable needs of the development.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding- A similar business has been operated from this location in the past and there should be sufficient water available to meet the proposed use of approximately 1,500 gal/day. To ensure that the proposed use will have a sufficient amount of water and water pressure available when needed, a 3,500 gallon water tank will be filled during the evening hours for use during the day.

Billie Oakes seconded, All in Favor

15.    Will not place an unreasonable burden on an existing water supply, if one is to be utilized.

Brent Zachau made motion that this performance standard was adequately met based on:

 Finding- The water supply will be from an existing private well.

 Billie Oakes seconded, All in Favor

16.    Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

Paul Beltramini made motion that this performance standard was adequately met based on:

 Finding- The contractor will use Erosion & Sedimentation Control measures, as required by State’s Sedimentation and Erosion Control Law.

 Billie Oakes seconded, All in Favor

17.    Will provide for adequate sewage waste disposal

Ellen Baum made motion that this performance standard was adequately met based on:

Finding -The applicant is proposing to rent a restroom facilities trailer called, Comfort Elite III from Oxbury Port O Toilet, which includes the maintenance and pumping of the facility.

Billie Oakes seconded, All in Favor

18.    Will not have adverse effect on historic sites, rare or irreplaceable natural areas, or the scenic and natural beauty of the area.
 
Brent Zachau made motion that this performance standard be granted a waiver because the proposed project is an expansion of an existing area.

Paul Beltramini seconded, All in Favor

19.    The applicant has adequate financial and technical capacity to meet the above standards.

Ellen Baum made motion that this performance standard was adequately met based on:

Finding- Financial Capacity-The applicant is planning on using funding from Finance Authority of Maine and a private equity investor to cover the proposed construction and business start-up costs, as stated in Tab 8, #h. The Towns Director of Economic &  Community Development, Tony Cox,  has KNOWLEDGE OF the applicant’s business plan and is confident that the applicant has the financial capacity to carry out this project. Additionally, the applicant is expanding their existing business and the infrastructure improvement costs of the project are relatively low.

Finding- Technical Capacity- Two owners of Locally Known, Inc., Ben Dobson and Dave Goldstein operated Atlantic Organics from this location last year. Additionally, the applicants are in the process of securing contracts from professional contractors to perform the construction of the proposed project.

Paul Beltramini seconded, All in Favor

Conclusion- The standards for this section have been adequately met.
       
A RELIANCE, IN PART, UPON THE DIRECTOR OF ECOMONIC AND COMMUNITY DEVELOPMENTS KNOWLEDGE OF THE APPLICANT IN THIS PARTICULAR SITUATION IS UNDERSTOOD  BY THE BOARD TO BE A UNIQUE CIRCUMSTANCE WHICH MAY NOT BE REPEATED BY THE BOARD IN FUTURE APPLICATIONS.

CONDITIONS OF APPROVAL:

•    Truck traffic will not utilize the Browns Point Road Bridge over the Abagadasset River
•    Truck traffic will be limited to the hours of 8:00 a.m. to 6:00 p.m. on Sunday through Friday, except that two trucks will be allowed between Sunday and Thursday from the hours of 7:00 p.m. to 9:00 p.m.
•    The trucks engines will not be left to idle
•    At least 5 trees will be planted along northerly embankment of loading dock
Ellen Baum motioned to approve application, Billie Oakes seconded, All voted in Favor

ITEM 9: Adjourn meeting at 8:55 p.m.