2008-06-26 Planning Board Meeting Minutes

TOWN OF BOWDOINHAM
PLANNING BOARD MINUTES
June 26, 2008 - Approved


Item 1: Call Regular Planning Board meeting to order at 7:03 pm.

Members Present: Paul Beltramini, Brent Zachau, Billie Oakes
Alternate Members Presents: Todd Woofenden
Also Present: Nicole Briand, Town Planner & Code Enforcement Officer

Beltramini to act as Chairperson for this meeting. Woofenden appointed voting member.

Item 2: Consideration of May 22, 2008 Meeting Minutes

Zachau moves to approve minutes as amended, Woofenden seconded and all voted in favor.

Item 3: Old Business

None

Item 4: New Business

Shoreland Zoning Application – Sholes/Mayer
70 Lucas Lane – Tax Map R09, Lot 050-C

Mr. Sholes presented application and gave a description of the project:
• Proposes to construct an addition onto their house.
• The project is not located with the Inland Wading Bird and Waterfowl Habitat, so a permit is not required from Maine Department of Environmental Protection.

Board reviews application for completeness. Woofenden moves to find complete application, Zachau seconds and all voted in favor.

Board opens meeting to public hearing. No members of the public are present. The public hearing is closed.


Board reviews application using standards in Shoreland Zoning Ordinance, Section 15:

• B: Principal and Accessory Structures

1. The proposed addition is setback further then the required 100 feet.
2. The proposed addition is less then 35-ft height restriction.
3. The proposed addition is not located within a floodplain and is well over one foot above the 100-year floodplain elevation.
4. The property does not exceed the 20% maximum coverage.
5. Not applicable.

• K: Septic Waste Disposal – The proposed addition is in compliance with this section.

• P: Clearing of Vegetation for Development – The proposed project will meet this standard.

• Q: Erosion and Sedimentation Control – This standard will be a condition of approval.

Board review application using standards in Land Use Regulation & Shoreland Zoning Ordinance, Section 1-111:

• D. Clearing – This standard is met.

• E. Erosion and Sedimentation Control – This standard will be a condition of approval.

• H. Lot Standards – The property meets these standards.

• J. Sanitary Standards – The proposed project meets these standards.

• M. Structures – The proposed addition meets these standards.

• O. Water Quality Protection – The proposed addition meets these standards.

Board reviews application using criteria in the Land Use Regulation & Shoreland Zoning Ordinance Section 1-112, #6 and the Shoreland Zoning Ordinance Section 16.D:

1. Will maintain safe and healthful conditions;

Woofenden makes motion that the standards for this section have been adequately met, because this project involves the construction of an addition onto an existing residential dwelling. The proposed project meets the performance standards set in both the Shoreland Zoning Ordinance and the Land Use Regulation & Shoreland Zoning Ordinance. Zachau seconds and all vote in favor.

2. Will not result in water pollution;

Woofenden makes motion that the standards for this section have been adequately met, because this project does not involve the discharge of any pollutant into the water. Oakes seconds and all vote in favor.

3. Will not result in erosion or sedimentation to surface waters;

Woofenden makes motion that this standard shall be a Condition of Approval, because Erosion & Sediment Control measures must be installed according to Maine Erosion and Sediment Control BMPS, dated March 2003 as required by 38 M.R.S.A. §420-C prior to the commencement of any earthmoving activity. Oakes seconds and all vote in favor.

4. Will adequately provide for the disposal of all wastewater;

Woofenden makes motion that the standard for this section have been adequately me, because the existing waste water disposal system is working properly according to the letter from Robert Silva of Septic Preservation Services and will continue to be used. A replacement waste water disposal system has been designed, as required by the Maine Subsurface Waste Water Disposal Rules and will be install if and when the existing system fails. Oakes seconds and all vote in favor.

5. Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Woofenden makes motion that the standards for this section have been adequately met, because the project is located over 200 ft from the Cathance River and is not located within the inland waterfowl and wading bird habitat. Oakes seconds and all vote in favor.

6. Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

Woofenden makes motion that the standards for this section have been adequately me, because this project does not involve the removal of any shore cover, as there will be no disturbance of vegetation or soil within 150 feet of the Cathance River. There will be no changes in the access to the Cathance River. Oakes seconds and all vote in favor.

7. Will conserve shoreland vegetation;

Woofenden makes motion that the standards for this section have been adequately me, because this project does not involve the removal of any shore cover, as there will be no disturbance of vegetation or soil within 150 feet of the Cathance River. Oakes seconds and all vote in favor.

8. Will conserve visual points of access to waters as viewed from public facilities;

Woofenden makes motion that the standards for this section are not applicable, because there are no visual points of access to waters from public facilities. Oakes seconds and all vote in favor.

9. Will conserve actual points of public access to waters;

Woofenden makes motion that the standards for this section are not applicable, because there will be no changes in the private access to the Cathance River. Oakes seconds and all vote in favor.

10. Will conserve natural beauty;

Woofenden makes motion that the standards for this section have been adequately me, because the project has been designed to blend into the landscape and is located in an already developed area, as the project is an addition to an existing residential dwelling. Oakes seconds and all vote in favor.

11. Will protect archaeological and historic resources as designated in the comprehensive plan;

Woofenden makes motion that the standards for this section are not applicable, because ther project is located in an already developed area, as the project is an addition to an existing residential dwelling. Oakes seconds and all vote in favor.

12. Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities district;

Woofenden makes motion that the standards for this section have been adequately me, because this project should have no effect on existing commercial fishing, as the project is located over 150 ft from the Cathance River. This project should have no effect on existing commercial fishing or the Commercial Fisheries/Maritime Activities district, as the project is not located within the vicinity of the district. Oakes seconds and all vote in favor.

13. Will avoid problems associated with flood plain development and use; and

Woofenden makes motion that the standards for this section are not applicable, because the proposed project area is not located within the Floodplain. Oakes seconds and all vote in favor.

14. Is in conformance with the provisions of Section 15, Land Use Standards.

Woofenden makes motion that the standards for this section have been adequately me, because the proposed project is in conformance with both the provisions of Section 15 in the Shoreland Zoning Ordinance and Section 1-111 in the Land Use Regulation and Shoreland Zoning Ordinance. Oakes seconds and all vote in favor.

Woofenden moved to approve application with the following conditions of approval:

1. Erosion & Sediment Control measures must be installed according to Maine Erosion and Sediment Control BMPS, dated March 2003 as required by 38 M.R.S.A. §420-C prior to the commencement of any earthmoving activity.

Zachau seconded and all voted in favor.

Item 5: Other Business

Item 6: Adjourn Meeting at 7:52 pm