2008-03-27 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM PLANNING BOARD MINUTES March 27, 2008 (Revised)

ITEM 1: Call Regular Planning Board meeting to order at 7:02 p.m.

Members Present: Ellen Baum, Paul Beltramini, Brent Zachau & Billie Oakes Alternate Members: Todd Woofenden Ellen Baum call meeting to order at 7:02pm. Determine quorum and voting members. Todd Woofenden was determined to be voting member.

ITEM 2: Consideration of February 28 meeting minutes. Revisions made to 2/28 minutes. Woofenden made motion to approve minutes. Beltramini seconded the motion. All voted in favor.

ITEM 3: Old Business Preliminary Subdivision Application Quarry Hill Subdivision Christopher Belanger, Belanger Engineering; PB reviewed findings:

  • Pollution The standards for this section have been adequately met.
  • Sufficient Water Unknown until there is a well dug. Will be worked into conditions of approval that within one 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.
  • Impact on Existing Water Supplies Not Applicable-The proposed subdivision is proposing to use private wells, not the municipal water supply.
  • Soil Erosion Conditions of Approval- 1. 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. 2. 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 Land Use Regulation and Shoreland Zoning Ordinance.
  • Traffic Conditions State Standard- Needs to be addressed Performance Standards- Needs to be addressed
  • Sewage Disposal 1.Adequate soils are available for a subsurface wastewater disposal system on each proposed lot, as shown by the soil test pits 2.The applicant has submitted page 2 of the Subsurface Wastewater Disposal System Application form, which was prepared by Daniel Colby, Site Evaluator #286 3. Two test pits have been shown for each proposed lot 4. Will submit a certified letter stating that the area to be constructed contains all Class C soils.
  • Solid Waste State Standard- Needs to be addressed Performance Standards-Need to be addressed
  • Impact on Natural Beauty, Aesthetics, Historic Sites, Wildlife Habitat, Rare Natural Areas, or Public Access to the Shoreline State Standard-Needs to be addressed Performance Standard 1. Preservation of Natural Beauty and Aesthetics a. Pending a letter from Maine Natural Areas Program. b. The proposed subdivision is setback 800 feet from the Route 125. c. Landscaping plan is not required due to it being a wooded area. 2. Retention of Open Spaces and Natural, Historic, or Archeological Features a. Pending a letter from Maine Natural Areas Program 3. Protection of Significant Wildlife Habitat a. Pending a letter from Maine Natural Areas Program
  • Conformance with Zoning Ordinance and Other Land Use Ordinances State Standard-Needs to be addressed Performance Standard-Condition of Approval The proposed subdivision will comply with state laws and standards
  • Financial and Technical Capacity Financial Capacity The applicant has provided a letter from Gardiner Savings Bank of Maine, which states, “Hilltop Log & Timber Home has the financial capacity, and resources available to carry out this project. Technical Capacity Needs to be addressed
  • Impact on Water Quality or Shoreline State Standard The proposed subdivision is not located within the Shoreland Zone Performance Standards The proposed sub-division does not have frontage on an outstanding river segment
  • Impact on Ground Water Quality or Quantity State Standard Needs to be addressed Performance Standards Not requiring a Hydrogeological Assessment. Needs to be addressed
  • Floodplain Management State Standard The proposed sub-division is not located within the 100-year floodplain, as shown on the Flood Insurance Rate Map Performance Standards The proposed sub-division is not located within the 100-year floodplain, as shown on the Flood Insurance Rate Map
  • Identification of Freshwater Wetlands State Standard: All wetlands have been mapped Performance Standards: All wetlands have been mapped and there are no vernal pools located on the property
  • Rivers, Streams, and Brooks State Standard: A stream has been located and is shown in the subdivision plan Performance Standards: A stream has been located and is shown in the sub-division plan • Storm Water Management State Standard: There is a storm water management plan in application. Needs to be addressed Performance Standards: Needs to be addressed
  • Spaghetti Lots State Standard: None of the proposed lots have a lot depth to shore frontage ration of greater than five to one Performance Standard: None of the proposed lots have a lot depth to shore frontage ration of greater than five to one
  • Impacts on adjoining municipalities State Standard: No part of the proposed subdivision is located in an adjoining municipality Performance Standard: No part of the proposed subdivision is located in an adjoining municipality
  • Liquidation Harvesting State Standard: Needs to be addressed Performance Standard: This standard is not applicable

ITEM 4: Motion to Find Application Complete Motion to Find Preliminary Subdivision Application Complete by Todd Woofenden, Seconded by Brent Zachau, All in Favor

ITEM 5: Site Plan Review Application Temple Well Drilling R02-027C Melanie and Scott Temple, Temple Well Drilling and Pat Harding, Surveyor were present. The application was reviewed as follows:

  • Performance Standards
  • Proposed and Existing Site Plans
  • Building Specifications and Drawings
  • Deeds
  • Map R02-067C
  • Copies of Letters to Abutting Properties
  • Copies of letters to Fire Chief, Public Works and Town Manager
  • Wastewater Disposal System
  • Flood Insurance Rate Map; Significant Sand and Gravel Aquifer Map; Medium Intensity Soil Survey
  • Application for Driveway with previous driveway permit
  • Erosion and Sedimentation Control Plan
  • Specifications of New Security Lighting
  • Waste Management of Northern New England Contract
  • Waiver Request
  • Financial Letter

ITEM 6: Motion to Find Application Complete Motion to find application complete by Todd Woofenden, seconded by Brent Zachau , All in Favor

ITEM 7: Close Planning Board

ITEM 8: Call Public Hearing to Order No town residents in attendance

ITEM 9: Close Public Hearing

ITEM 10: Reopen Planning Board It was decided that performance standards should be voted on and it was decided that each standard would have a motion and vote.

  1. Preserve and Enhance Landscape Todd Woofenden made motion that this performance standard was adequately me based on: Finding- The area of soil disturbance is limited to the area necessary for construction. Once construction is complete, the non-impervious areas will be re-vegetated. Finding-The applicant is proposing to plant six evergreen trees located along the Post Road property line to provide screening from the Post Road. The existing house will serve to screen the proposed garage from the northern property line. There is no landscaping proposed for the rear or southern property lines. 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) Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The proposed garage will be less than 30 feet tall, which correspond to the height of the house and the color of the proposed garage will closely match that of the house. The elevation of proposed garage will be about 1 foot above the existing grade, which will minimize the amount of grading and fill required on the property. Billie Oakes 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The applicant has received their Driveway/Entrance permit from Maine Department of Transportation 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. Billie Oakes 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. Given the scope of this proposed use and it not being a public or retail operation this gravel area should be sufficient for this project. Todd Woofenden 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- Erosion & Sedimentation Controls will be used as required by the Maine Department of Environmental Protection’s Best Management Practices. Additionally, a stormwater BMP will be installed at the end of each proposed ditch to minimize the stormwater discharge from the site. 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- There are no existing sewers, storm drains or water lines within the vicinity of the site. The proposed garage will hook-up to an existing well, an existing subsurface wastewater disposal system, and underground power line. Paul Beltramini 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. Condition of Approval: The new sign shall meet the standards of Section 1-111(K) of the Town’s Land Use Regulation and Shoreland Zoning Ordinance
  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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding –The applicant is proposing to plant six evergreen trees located along the Post Road property line to provide screening from the Post Road. The proposed impervious area will be setback over 100 feet from the front property line, 75 feet from the rear property line and 20 feet from the southern side property line. Billie Oakes seconded, All in Favor
  9. Exterior Lighting: All exterior lighting shall be designed to minimize adverse impact on neighboring properties. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The applicant is proposing to place three security lights on the proposed garage which shall be aimed downward or be of the shielded or cut-off type Paul Beltramini 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding –The Fire Chief has supplied a memo stating that this standard has been adequately met. 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The Fire Chief, Public Works Director, Solid Waste Director and Town Manager have all supplied memos stating that they have no issues with the proposed project. Billie Oakes seconded, All in Favor
  12. Will not result in water pollution. Todd Woodenden made motion that this performance standard was adequately met based on: Finding -The proposed development is not located in a floodplain Finding –The property has an existing Subsurface Wastewater Disposal System Finding-The site is relatively flat and will not affect the Subsurface Wastewater Disposal System Finding –The site is not located over a Significant Sand & Gravel Aquifer, as shown in Tab 6. Finding- The run-off from the property will flow into a drainage way and discharge through a stormwater BMP into a vegetated field Finding -The development does not trigger State review for Storm water Management, however a Natural Resources Protection Act permit will be required if there will be any grading or earthwork within 75 feet of the pond. Billie Oakes 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The proposed development is not expected to create air pollution. Billie Oakes seconded, All in Favor.
  14. Has sufficient water available for the reasonably foreseeable needs of the development. Todd made motion that this performance standard was adequately met based on: Finding- The proposed garage will tie into an existing well on-site and according to the Maine Subsurface Wastewater Disposal Rules is only anticipated to use 15 gallons of water per day per employee, which should not be an issue. Billie Oakes seconded, All in Favor
  15. Will not place an unreasonable burden on an existing water supply, if one is to be utilized. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The water supply will be from an existing private well and is only anticipated to use 15 gallons of water per day per employee, which should not be an issue. 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The contractor will use Erosion & Sedimentation Control measures, as shown on the plan and as required by State’s Sedimentation and Erosion Control Law. Billie Oakes seconded, All in Favor
  17. Will provide for adequate sewage waste disposal Todd Woofenden made motion that this performance standard was adequately met based on: Finding –The proposed garage will be connected to an existing subsurface wastewater disposal system. The existing system was designed for a 4-bedroom house at 360 gallons per day. However, the existing house is a three bedroom house which according to Maine Subsurface Wastewater Disposal Rules has a usage of 270 gallons per day. Therefore, the existing subsurface wastewater disposal system has the capacity to handle an additional 90 gallons per day. Ninety gallons per day would allow 6 employees to be added to the existing subsurface wastewater disposal system as according to the Maine Subsurface Wastewater Disposal Rules each employee uses 15 gallons of water per day. 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. Todd Woofenden made motion that this performance standard was adequately met based on: Finding –The applicants are requesting a waiver from this performance standard because the proposed project is an expansion of an existing use on a developed use on a developed lot. Billie Oakes seconded, All in Favor
  19. The applicant has adequate financial and technical capacity to meet the above standards. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- Financial Capacity-The applicant has the financial capacity to complete this proposed project, according to the letter from Downeast Credit Union Finding- Technical Capacity- The applicant’s have been running this business for several years and will be using professional contractors to perform the construction of the proposed project Paul Beltramini seconded, All in Favor
  20. Whenever situated, either in whole or in part, within 250 feet of any pond, lake, river or tidal waters, will not adversely affect the quality of such body of water or unreasonable affect the shoreline of such body of water. Todd Woofenden made motion that this performance standard was adequately met based on: Finding- The proposed garage will be setback 75 feet from a pond that is located along the rear property line, however the property is not located within a shoreland zone. The applicant will use proper erosion and sedimentation controls as required by Maine Department of Environmental Protection so not to affect the pond’s water quality. No construction will be located along the pond’s shoreline, therefore the proposed project should have no affect on the pond’s shoreline. Paul Beltramini seconded, All in Favor

CONDITIONS OF APPROVAL:

  • The applicant must own the property to be purchased from the abutter, as shown on the Site Plan, prior to commencing the site construction or obtaining the building permit for the garage.
  • The applicant shall obtain a Natural Resources Protection Act permit if any grading or other construction will take place within the 75-ft of the pond and/or stream.
  • The new sign shall meet the standards of Section 1-111(K) of the Town’s Land Use Regulation and Shoreland Zoning Ordinance.
  • Six evergreen trees shall be planted along the Post Road property line, as shown on the proposed Site Plan • The proposed security lights shall be aimed downward or be of the shielded or cut-off type
  • Waste Oil shall be handled in compliance with the Maine Department of Environmental Protection’s Rules and Standards, as outlined in “Handling Waste Oil- A Quick Guide for Auto Repair Shops,” which is included as Attachment 1 of the Planning Board Letter of Site Plan Review Approval

ITEM 11: Motion to Approve Application with Conditions Todd Woofenden made motion to approve application with conditions, Billie Oakes seconded, All in Favor

ITEM 12: Adjourn meeting at 10:15