2008-11-20 Planning Board Meeting Minutes

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TOWN OF BOWDOINHAM

PLANNING BOARD MINUTES

November 20, 2008

 

 

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

Members Present: Ellen Baum, Paul Beltramini, Brent Zachau, Billie Oakes and Todd Woofenden

Alternate Members Presents: Bill Shippen

Also Present:  Nicole Briand, Planner & Code Enforcement Officer

Members of Public Present:  Carmel Rubin, Bert Singer, and John & Patricia Walchi

 

Baum to act as Chairperson for this meeting. 

 

Item 2:              Consideration of the October 23, Meeting Minutes

 

This item was moved to the end of the agenda.

 

Item 3:              Old Business

 

Site Plan Review Application – AT&T Mobility

River Road – Tax Map R11, Lot 007

The application is for a telecommunication tower.

 

Barry Hobbins, Dan Cabral, and Bob Gashlin are present to represent applicant.

 

Baum asked applicant to present the Board with an update of the changes in the application.

 

Mr. Hobbins stated that they changed tower design from lattice tower to monopole tower.  Oakes asked if this changed would affect the carrying capacity of the tower.  Mr. Hobbins explained that it would limit the number of carriers.

 

Mr. Gashlin addressed the diesel generator and the questions raised by the Board.

§         The generator is connected to computer and the computer notifies off-site personal if anything is needed or wrong, such as a leak or out of fuel.

§         The generator will be placed on a concrete pad.

§         The diesel tank is doubled walled.

§         Both the generator and the diesel tank are enclosed in an exterior metal sheathing.

 

Mr. Hobbins addressed additional updates:

§         The location of the benchmark was added to page 4, note 5.

§         The tie-line between the property line and the leased area was added to page 4.

§         They are asking for the letters from Maine Department of Inland Fisheries & Wildlife, Maine Natural Areas Program and Maine Historic Preservation Commission to be conditions of their approval.

 

Board opened the meeting to the Public Hearing.

Carmel Rubin asked why they were using 22F instead of 22G for the tower design.

 

Mr. Gashlin said that Maine has only adopted revision F and all the towers in Maine including the tower the State just built was built to F. 

 

Carmel Rubin asked what the expected life span of the tower is.  Mr. Gashlin said that it is a newer tower so they have not seen how long the tower will last.

 

Carmel Rubin asked how long AT&T expected the tower to be an asset.  Mr. Hobbins stated that the technology for towers is changing so fast that it is not a concern.  Mr. Gashlin added that the tower will always have to comply with the State’s standard, no matter its age.  For example, if the standard is changed from F to G, then when a new carrier is added to tower the tower will have to be upgraded to meet G.

 

Carmel Rubin asked if the tower would be unlit and unregistered.  Mr. Hobbins stated that the tower would be unlit, but it would be registered.

 

Carmel Rubin asked if the tower will be painted.  Mr. Gashlin stated that the tower would not be painted, but that the metal would weather to a gray.

 

Bert Singer asked if the tower would be available for broadband service.  Mr. Hobbins said that if a company was interested in putting there equipment on the tower then possibly.  They do typically allowed Towns to use space on the tower for emergency services as long as their equipment does not interfere with the other equipment and they follow the agreement.

 

Bert Singer asked if the tower would have G3 service compatibility.  Mr. Gashlin said that it would.  Mr. Hobbins stated that another company or a non-profit could put internet service up as other cell companies may use the tower.

 

Carmel Rubin asked if the tower would use a microwave signal.  Mr. Gashlin said that the tower would not, that the tower will use a T1 line, but if this was to change then they would come back to the Planning Board.

 

Baum closed the Public Hearing and asked Board if they had any questions.

 

Shippen states:

§         A bearing & distance needs to be put on one of the lease area property lines.

§         The wetland area needs to be better defined on the plan, it’s hard to tell where the wetland is.

§         The compound setback needs to be shown on the plan.

§         Is there enough room in the 50 by 50 compound for 4 carriers?

o       Mr. Gashlin said that there is, because the space each carrier uses is getting smaller.

§         Is there any exterior lighting?

o       Mr. Gashlin stated that there is a motion light proposed and that it will have a full cut-off.

 

Oakes asked about drainage.  Mr. Gashlin stated that there will be two culverts for the road.  The water will follow its natural drainage pattern over the field and not stormwater treatment is necessary.

 

Baum asked how many vehicles can park in the parking area.  Mr. Gashlin stated that the area is a large area, plus there is room for parking within the compound and on the road, so parking is not an issue.

 

Baum asked how long the construction would take.  Mr. Gashlin stated the construction would take about a month.

 

Oakes asked if they would do winter construction.  Mr. Hobbins stated probably not, but maybe.

 

Board decided to review application based on General Performance Standards, in Section VII of the Site Plan Review Ordinance:

 

 

1)      Vehicular Access

 

A)    Adequacy of Road System - Vehicular access to the site must be on roads which have adequate capacity to accommodate the additional traffic generated by the development. A Traffic Impact Study may be required by the Planning Board if deemed necessary by the Director of Public Works or the Road Commissioner.

To be reviewed by MDOT.

 

 

B)     Access into the Site - Vehicular access to and from the development must be safe and convenient.

 

(i)      Any driveway or proposed street must be designed so as to provide the minimum sight distance according to the Maine Department of Transportation standards.

 

     To be reviewed by MDOT.

 

 

(ii)    Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.

 

                  To be reviewed by MDOT.

 

 

(iii)   The grade of any proposed drive or street must be not more than 3% for a minimum of forty (40) feet, from the intersection.  The Planning Board may require a greater distance if deemed necessary by the Public Works Director.

 

Woofenden made a motion to waive this standard,  given the type of development and the existing road, Zachau seconded and all voted in favor.

 

 

(iv)  Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, and traffic controls within public streets.

 

                  To be reviewed by MDOT.

 

 

C)     Accessway Location and Spacing -

 

(i)      Private entrances/exits must be located at least fifty (50) feet from the closest unsignalized intersection and one hundred fifty (150) feet from the closest signalized intersection, as measured from the point of tangency for the corner to the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard.

 

The only private entrance within 200 feet is Island View  Lane located directly across Rt. 24.

 

 

(ii)    Private accessways in or out of a development must be separated by a minimum of seventy-five (75) feet where possible.

 

Only one accessway is proposed.

 

 

 

2)      Internal Vehicular Circulation

 

A)    All roadways must be designed to harmonize with the topographic and natural features of the site insofar as practical by minimizing filling, grading, excavation, or other similar activities which result in unstable soil conditions and soil erosion, by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grading and tree removal, and by retaining existing vegetation during construction. The road network must provide for vehicular, pedestrian, and cyclist safety, all season emergency access, snow storage, and delivery and collection services.

 

Filling & excavation appear to be minimized.  Road is only for company access, no pedestrians, cyclists, or public vehicle access.

 

 

B)     Proposed developments that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for the largest expected vehicles.

 

No delivery trucks

 

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C)     Clear routes of access must be provided and maintained for emergency vehicles to and around buildings and must be posted with appropriate signage (fire lane - no parking).

 

Not Applicable due to type of use

 

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D)    The layout and design of parking areas must provide for safe and convenient circulation of vehicles throughout the parking lot.  

 

Not Applicable due to type of use

 

.

E)     Off-street parking must conform to the following standards:

 

(i)      Parking areas with more than two (2) parking spaces must be arranged so that it is not necessary for vehicles to back into the street.

 

A turnaround area is provided for so that vehicles will not have to back into the street.

 

 

(ii)    All parking spaces, access drives, and impervious surfaces must be located at least ten (10) feet from any side or rear lot line, except where standards for buffers require a greater distance. This requirement may be reduced if the shape of the site does not allow conformance with this standard.

 

Approximately 50 foot buffer is provided.

 

 

(iii)   No parking spaces or asphalt type surface may be located within five (5) feet of the front property line; standards for buffers may require a greater distance.

 

Meets.

 

 

(iv)  Parking lots on adjoining lots may be connected by accessways not to exceed twenty-four (24) feet in width.

 

Not Applicable due to type of use.

 

 

(v)    Parking stalls must conform to the following standards:

 

 

 

Parking

Angle

Stall

Width

Skew

Width

Stall

Depth

Aisle

Width

90o

9’-0”

-

18’-0”

24’-0” – 2-way

60o

8’-6”

10’-6”

18’-0”

16’-0” – 1-way

45o

8’-6”

12’-9”

17’-6”

12’-0” – 1-way

30o

8’-6”

17’-0”

17’-0”

12’-0” – 1-way

 

(vi)  In lots utilizing diagonal parking, the direction of proper traffic flow must be indicated by signs, pavement markings or other permanent indications and maintained as necessary.

 

Not Applicable due to type of use.

 

(vii) Parking areas for nonresidential uses must be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Double stack parking may be permitted for resident parking in conjunction with residential uses if both spaces in the stack are assigned to the occupants of the same dwelling unit.

 

The parking area is not shown in detail, but there appears to be sufficient maneuvering room for the proposed use

 

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(viii)                 Provisions must be made to restrict the "overhang" of parked vehicles when it might restrict traffic flow on adjacent through roads, restrict pedestrian or bicycle movement on adjacent walkways, or damage landscape materials.

 

Meets.

 

 

(ix)  Parking areas must be designed and landscaped to create a pedestrian-friendly environment. A landscaped border must be created around parking lots. There must be at least one (1) island for every twenty (20) spaces. Landscaping must screen the parking area from adjacent residential uses and from the street.

 

Not Applicable due to type of use.

 

 

(x)    Parking lots should be located to the side or rear of the building. Parking should not be located between the building and the street.

 

The parking area is located to the side of the complex.

 

 

(xi)  Whenever the area between the street and the front of the building is used for parking or vehicle movement, a vegetated buffer strip must be established along the edge of the road right-of-way. This buffer strip must soften the appearance of the site from the road and must create defined points of access to and egress from the site.

 

No parking is proposed near Route 24

 

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(xii) Any establishment which caters to and/or offers its goods, facilities or services to the general public shall maintain at least one of its required parking spaces as an accessible space for handicapped persons.   

 

Not Applicable

 

 

(xiii)                 At least one parking space shall be provided for each employee per shift.    

 

Not Applicable as this will be an unmanned facility

.

 

 

 

 

3)      Pedestrian Circulation  Woofenden makes motion to waive this section due to the type of development, Oakes seconded and all voted in favor.

Waiver for this section.

A)    The site plan must provide for a system of pedestrian ways within the development appropriate to the type and scale of development.

No pedestrian system is proposed due to type of development.

B)     This system must connect the major building entrances/exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project.

Not Applicable due to type of use.

C)     Where an existing or planned public sidewalk is interrupted by a proposed project driveway, the sidewalk material must continue to be maintained across the driveway, or the driveway must be painted to distinguish it as a sidewalk.

Not Applicable due to type of use.

D)    The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas.

Not Applicable due to type of use.

E)     The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect with amenities such as parks or open space on or adjacent to the site.

Not Applicable due to type of use.

F)      The system shall be safely separated from vehicular traffic through landscape buffers and curbing.

Not Applicable due to type of use.

 

 

4)      Municipal Services – A letter shall be obtained from the appropriate Town Officials to address that the development will not have an unreasonable adverse impact on municipal services, including municipal road systems, fire department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

 

Shippen  makes motion to waive this section due to the type of development, Woofenden  seconded and all voted in favor.

In process.

 

 

5)      Visual Impact – The proposed development will not have an adverse effect on the scenic or natural beauty of the area, including water views, sites or rare and irreplaceable natural areas.

 

Need letter from Maine Natural Areas Program.

 

 

A)    When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that it fits harmoniously into the visual environment when viewed by the public from public areas. In predominantly natural environments, site clearing must be minimized and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed environments, the appearance of the new development, when viewed by the public from public areas, must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.

 

Board agreed that this won’t have a significant impact.

 

Needs to be determined.

B)     When a proposed development is located within the viewshed of an identified view from a public street or facility, the development must be designed to minimize the encroachment of all buildings, structures, landscaping, and other site features on the identified view.

 

Not Applicable – no views have been identified.

 

 

 

6)      Lighting – All exterior lighting will be designed to avoid undue glare, adverse impact on neighboring properties and rights-of-ways, and the unnecessary lighting of the night sky.

 

A)    Building facades may be illuminated with soft lighting of low intensity that does not draw inordinate attention to the building. The light source for the building facade illumination must be concealed.

 

Not Applicable – Not proposed.

 

 

B)     Building entrances may be illuminated using recessed lighting in overhangs and soffits, or by use of spotlighting focused on the building entrances with the light source concealed (e.g., in landscaped areas). Direct lighting of limited exterior building areas is permitted when necessary for security purposes.

 

Service light will have downward reflector shield.

 

 

C)     The proposed development must have adequate exterior lighting to provide for its safe use during nighttime hours, if such use is contemplated.

 

Not Applicable due to type of use.

 

 

D)    Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures must be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings and so that they do not unnecessarily light the night sky. Direct or indirect illumination must not exceed 0.5 footcandles at the lot line or upon abutting residential properties.

Service light will have downward reflector shield. Woofenden made motion to waive footcandle calculation due to type to lighting and location, Shippen seconded and all voted in favor.

 

 

The footcandles needs to be determined, or a waiver requested.

E)     All exterior lighting, except security lighting, must be turned off between 11 P.M. and 6 A.M. unless located on the site of a commercial or industrial use which is open for business during that period.

 

The light will be on a motion detector.

 

 

F)      Wiring to light poles must be underground.

 

Not Applicable

 

 

 

7)      Signage – The proposed signage will not detract from the design of the proposed development and the surrounding properties and will not constitute hazards to vehicles and pedestrians.

 

This standard is not applicable as no signage is proposed.

 

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A)    Signs should be placed at right angles to the street so as to be viewed from both directions. Simple, geometrically shaped signs set low to the ground must be used.

 

B)     Signs may be illuminated only by shielded, non-flashing lights.  No internal or flashing lights shall be permitted.

 

C)     Business/Institutional name signs shall be permitted, provided such signs shall not exceed two (2) signs per property, except for a property which contains more then one business.

 

D)    Properties which contain one business or institutional use. 

 

(i)      No name sign shall be greater than fifteen (15) square feet.

 

(ii)    The total area of name signs on the property shall not exceed twenty-five (25) square feet.

 

E)     Properties containing more than one business or institutional use.

 

(i)      May have a directory sign, which contains a name sign for the complex, as well as name signs for the individual businesses or institutional uses.  The name sign for the complex shall not exceed fifteen (15) square feet and the name signs for the individual businesses or institutional uses shall not exceed six (6) square feet.  The total square footage for the directory sign shall not exceed sixty (60) feet.

 

(ii)    Each individual business or institutional use may have a name sign not to exceed fifteen (15) square feet.

 

F)      No free standing sign shall extend higher than twenty (20) feet above the ground.

 

G)     The business/institutional name sign must be located on the same property as the business.

 

 

 

8)      Buildings – The proposed structures will relate harmoniously to the terrain and to existing buildings in the vicinity, so as to have a minimally adverse effect on the environmental and aesthetic qualities of the neighboring areas.

 

A)    New buildings should be compatible with the neighborhood such that they reflect the overall building bulk, square footage, dimensions, placement of the building on the lot, and rhythm of buildings and spaces along the street edge and minimize the visual impact on the neighborhood. The visual impact of a building shall be measured by its relationship to other buildings on the lot, design of the front of the building, and the rhythm of buildings and open spaces along the street.  The Planning Board may require additional buffering to the road or abutting properties if the proposed building is not compatible with the neighborhood.

 

B)     The architectural design of the building shall be consistent with the New England vernacular and shall include such features as pitched roofs, vertical rectangle windows, and the appearance of brick, stone, log, clapboard or shingle siding or the Planning Board shall require additional landscaping and/or screening to the road and abutting properties.

 

(i)      The proposed development could be exempt from this standard if the development will be screened so that it is not visible from the road and abutting properties.

 

C)     Where there is a reasonably uniform relationship between the front walls of buildings and the street, new buildings must be placed on a lot in conformance with the established relationship. For buildings on corner lots, the setback relationship of both streets should be maintained.

 

D)    The main entrance to the building should be oriented to the street unless the parking layout or the grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and/or signage.

 

E)     In rural, uncongested areas buildings should be set back from the road so as to conform with the rural character of the area. If the parking is in front, a generous, landscaped buffer between road and parking lot is to be provided. Unused areas should be kept natural, as field, forest, wetland, etc.

The compound is setback from the public road, but is located within 50 ft of the property line.

F)      The site design should avoid creating a building surrounded by a parking lot.

Meets.

G)     The building height shall not exceed 40 feet.

 

This standard is meet do to location of compound.  Shippen asked that the ten foot setback be maintained from the property line to the fence.

What is the height of the buildings.

 

 

9)      Landscaping – The proposed development will provide adequate landscaping in order to define, soften, and/or screen the appearance of parking and developed areas as well as to enhance the physical design of the buildings and the overall development.

No landscaping is proposed.

A)    Landscaping must be provided as part of site design. The landscape plan for the entire site must use landscape materials to integrate the various elements on site, preserve and enhance the particular identity of the site, and create a pleasing site character.

 

B)     The landscaping should define street edges, break up parking areas, soften the appearance of the development, and protect abutting properties.

 

Woofenden made a motion to waive this standard due to the location of the development and natural buffering on-site, Beltramini seconded and all voted in favor.

 

 

 

10)   Buffering – The proposed development will provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas.

No buffering is proposed.

A)    Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.

 

B)     Exposed nonresidential storage areas, exposed machinery, and areas used for the storage or collection of discarded automobiles, auto parts, metals or other articles of salvage or refuse must have sufficient setbacks and screening to provide a visual buffer sufficient to minimize their impact on abutting residential uses and users of public streets.

 

C)     All dumpsters or similar large collection receptacles for trash or other wastes must be screened by fencing or landscaping.

 

D)    The Planning Board may require buffering from impervious areas located adjacent to residential uses.

 

The Board agreed that this standard is not applicable to due the existing on-site conditions.

 

 

 

11)   Utilities –The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

 

The existing and proposed utilities are overhead.

Overhead utilities are proposed.

 

 

12)   Water Supply – The proposed development must be provided with an adequate supply of water.

 

A)    If the project is to be served by a public water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.

 

B)     The proposed development shall connect to public water, unless the applicant can show that it is economically unfeasible.

 

Not applicable as a water supply is not proposed due to the type of use.

 

 

 

13)   Sewage Disposal – The proposed development will be provided with adequate sewage waste disposal.

 

A)    The development must be provided with a method of disposing of sewage which is in compliance with the State Plumbing Code and the Subsurface Wastewater Disposal Rules.

 

B)     When two (2) or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

 

Not applicable as a water supply is not proposed due to the type of use.

 

 

 

14)   Fire Protection – The proposed development will have adequate fire protection as determined by the Fire Chief and State Fire Marshal’s Office.

 

The Board discusses the Fire Chief’s memo with the applicant.  The applicant states that a wider road is not necessary do to the fact that the road is engineered and their construction equipment can use it.  The Board asks Briand to follow-up with the Fire Chief.

Waiting on Fire Chief’s review.

 

 

15)   Capacity of Applicant – The applicant meets the following criteria:

 

A)    Right, Title and Interest in Property – The applicant must demonstrate that they have the right, title and interest in the property.

 

An Agent Authorization form was provided  for the Law Offices of Barry J. Hobbins, P.A. to represent AT&T Mobility. AT&T Mobility has a Lease Agreement with the property owners, whose deed was provided..

 

 

B)     Financial Capacity – The applicant must demonstrate that they have the capacity to carry out the project in accordance with this ordinance and the approved plan.

 

A certificate of good standing was submitted.

 

 

C)     Technical Ability – The applicant must demonstrate that they have the technical capacity to carry out the project in accordance with this ordinance and the approved plan.

 

The applicant is hiring professionals to carry out the property on their behalf.

 

 

 

16)   Special Resources

 

A)    Shoreland – The proposed development will be in compliance with the Town’s Shoreland Zoning Ordinance if located within the Shoreland Zone.

 

The project is not located with the Shoreland Zone.

 

 

B)     Floodplain – If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Town’s Floodplain management provisions.

 

The project is not located within the 100-year Floodplain.

 

 

C)     Wetlands & Waterbodies – The proposed development will not have an adverse impact on wetlands and/or waterbodies, to the extent that is practicable.

 

The project will not impact any wetlands or waterbodies.

 

 

(i)      The development must not adversely affect the water quality or shoreline of any adjacent water body, to the extent practicable. The development plan must provide for access to abutting navigable water bodies for the use of the occupants of the development as appropriate.

 

(ii)    When a proposed development is immediately visible from a great pond, river, or stream, the development must be designed so that it fits harmoniously into the visual environment when viewed from the water body. In predominantly natural environments, site clearing must be minimized, natural vegetation must be maintained adjacent to the shoreline to soften the appearance of the development, and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed shoreland environments, the appearance of the new development when viewed from the water must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent possible. Storage and service areas must be screened or landscaped to minimize their visual impact.

 

(iii)   Activities within 250 feet of vernal pools shall meet requirements set by Maine Department of Environmental Protection’s Natural Resources Protection Act.

 

The applicant stated that a vernal pool survey was conducted and no vernal pools were identified. Shippen requested a letter from the person who performed the survey.

 

 

 

17)   Historic & Archaeological – The proposed development will not have an adverse effect on historic and/or archaeological sites.

 

A)    If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

 

The applicant has not received a response from Maine Historic Preservation Commission yet. 

 

 

 

18)   Groundwater – The proposed development must not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems.

 

A)    Projects that involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.

 

This standard is not applicable as no groundwater will be used.

 

 

 

19)   Wildlife Habitat – The proposed development will not have an unreasonable adverse impact on wildlife habitat.

 

The applicant has not received a response Letter is needed from Maine Department of Inland Fisheries &Wildlife yet.

 

 

 

20)   Environmental Impact – The landscape must be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil, and by retaining existing vegetation insofar as practical during construction. Extensive grading and filling must be avoided as far as possible.

 

The applicant meets this standard based on the plans submitted.

 

 

 

21)   Solid Waste Management – The proposed development will provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project’s wastes.

 

As the plans state, the contractor will be responsible for construction debris.

 

 

 

22)   Hazardous, Special & Radioactive Materials – The proposed development will handle, store, and use all materials identified as hazardous, special or radioactive in accordance with the standards of Federal and State agencies.

 

A)    Hazardous, Special and Radioactive Materials - The handling, storage, and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive must be done in accordance with the standards of these agencies.

 

B)     No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least seventy-five (75) feet from any lot line, or forty (40) feet in the case of underground storage. All materials must be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

 

The Board agreed that this standard had been met, because they do not consider under 189  gallons to be bulk storage.

 

 

 

23)   Air Quality – The proposed development will met the Maine Department of Environmental Protection and U.S. Environmental Protection Agency standards.

 

The Board agreed that this standard had been met, due to explanation provided in the narrative.

 

 

 

24)   Water Quality – The proposed development will not result in water pollution.

 

A)    No proposed development shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

 

B)     All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials, must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshall's Office.

 

C)     If the project is located within the direct watershed of a ‘body of water most at risk from development’ or ‘a sensitive or threatened region or watershed’ as identified by the Maine Department of Environmental Protection (DEP), and is of such magnitude as to require a stormwater permit from the DEP, the project must comply with the standards of the DEP with respect to the export of total suspended solids and/or phosphorous. If the project does not require a stormwater permit from the DEP, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

 

The Board agreed that this standard had been met, due to explanation provided in the narrative.

 

 

 

25)   Stormwater – Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces, through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

 

 

 

A)    To the extent possible, the plan must retain stormwater on the site using the natural features of the site.

 

B)     Unless the discharge is directly to the ocean or major river segment, stormwater runoff systems must detain or retain water such that the rate of flow from the site after development does not exceed the predevelopment rate.

 

C)     The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including but not limited to, flooding and erosion of shoreland areas, or that he/she will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.

 

D)    All natural drainage ways must be preserved at their natural gradients and must not be filled or converted to a closed system unless approved as part of the site plan review.

 

E)     The design of the stormwater drainage system must provide for the disposal of stormwater without damage to streets, adjacent properties, downstream properties, soils, and vegetation.

 

F)      The design of the storm drainage systems must be fully cognizant of upstream runoff which must pass over or through the site to be developed and provide for this movement.

 

G)     The biological and chemical properties of the receiving waters must not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways, and vegetated buffer strips along waterways and drainage swales, and the reduction in use of deicing salts and fertilizers may be required, especially where the development stormwater discharges into a gravel aquifer area or other water supply source, or a great pond.

 

The Board agreed that this standard had been met, due to explanation provided in the narrative.

 

 

 

26)   Sedimentation & Erosion Control

 

A)    All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill, and/or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.

 

B)     Soil erosion and sedimentation of watercourses and water bodies must be minimized by an active program meeting the requirements of the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, dated March 2003 and as amended.

 

The Board agreed that this standard shall be a condition of approval.

 

 

 

27)   Noise – The proposed development will control noise levels so that it will not create a nuisance for neighboring properties.

 

 

A)    Noise levels on a site abutting any residential shall be kept to a minimum between the hours of 9 p.m. and 6 a.m.

 

B)     The Planning Board may specify an activity or business’s hours of operation to address the level of noise, if necessary.

 

 

The Board agreed that this standard had been met, due description from applicant that the noise is equivalent to that of an air conditioner and the generator will only be used if power is lost.

                       

Board discussed possible conditions of approval:

§         Providing a set of keys to the fire chief.

o       Applicant stated that this is their usual practice.

§         That the diesel tank be double walled the generator be as described to the Board.

§         Submission of Annual Report.

o       The applicant asked that this not be a condition and stated it is not in the ordinance.

o       Board agreed that these reports have not been looked at previously.

§         Removal of the tower is it is not used in one year.

o       The applicant stated that they have a lease agreement with the property owners about the removal of the tower, which is in five years increments and this is not in the ordinance.

 

Board went over items needed for the next meeting:

 

§         Items outstanding from October 23rd’s Planning Board Meeting:

o        Letter from Maine Department of Inland Fisheries and Wildlife regarding impact on wildlife habitat.

o        Letter from Maine Natural Areas Program regarding unique natural communities, natural areas, and rare or endangered plants

o        Letter from Maine Historic Preservation Commission regarding historic or archaeological resources.

§         Copy of entrance permit from MDOT.

§         Bearings and distance on one of the boundaries for the leased area.

§         Wetland area on plan.  In what direction is the wetland?

§         The setback from the property line to the compound needs to be shown on the plan.

§         Note on the plan that specifies the information about the generator and the tank.  (189 gallon, double walled diesel tank, generator is connected to off-site computer, generator & tank are enclosed together with exterior metal sheathing).

§         The following Conditions of Approval need to be put on the plan:

o        A Building Permit shall not be issued until the Entrance Permit is granted by Maine Department of Transportation.

o        The applicant shall provide the Town of Bowdoinham and Sagadahoc County Sheriff Office with a key and/or the combination to unlock the facility gate.

o        Substantial construction of the improvements covered by any site plan approval must be substantially commenced within twelve (12) months of the date upon which the approval was granted. If construction has not been substantially commenced and substantially completed within the specified period, the approval shall be null and void. The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing and must be made to the Planning Board. The Planning Board may grant up to two (2), six (6) month extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.

o        Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, is subject to review and approval.  Minor changes in approved plans necessary to address field conditions may be approved by the Code Enforcement Officer provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed in writing on the approved plan by the Code Enforcement Officer.

o        Language regarding the Town and/or Sheriff Department being able to have space on the tower if needed.

 

Item 5:              Consideration of the October 23, Meeting Minutes

 

Oakes made motion to approve minutes as amended, Zachau seconded all voted in favor.

 

Item 6:              Board discussed electing Chairperson & Vice Chairperson.

 

Woofenden makes motion for Ellen Baum to be chairperson, seconded by Beltramini and all voted in favor.

 

Shippen makes motion for Todd Woofenden to be vice chairperson, seconded by Beltramini and all voted and favor.

 

Item 7:              Adjourn Meeting at 9:30 pm