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Town Seal
Planning Board Minutes 09/12/2005
Planning Board Members Present:  Keith Emery, Chris Baldinelli, Sue Schaller, Wanda Emery, Cullen Ryan and Dennis Santolucito.

Planning Board Members Absent:  none

Others Present: Bill Anthony, Tim Flynn and Dave Durrell of Saco Bay Millwork, Andy Morrell from BH2M, Bill York

Chairman Keith Emery called the meeting to order at 7:37 p.m.   

William York of 482 Webster Road has submitted a plan for a 5-lot subdivision off Webster Road.  Tax Map 7, Lot 20-4.  Andy Morrell of BH2M reviewed the items the Board requested from the August 8th meeting.  The front setback line has been corrected on one of the lots.  The Maine Historical Preservation Commission has responded, the letter was submitted to the Board at the meeting.  Inland Fisheries and Wildlife have not been responded with a letter yet, but a copy will be given to the Board when they do.  The wetland reports were flagged and submitted by Mark Anthony.   Mr. Morrell submitted the requested data sheets.  The upland area of each lot and the hammerhead turn-a-round has been added to the plan.  
The Fire Chief said that a fire pond would be better suited for this site.  A letter and details for the pond will be submitted for the next meeting.  The driveway location for lot #3 has been added as requested.  The wetland located on the plan is less than 1,100 square feet, which is less than the DEP threshold.  Mr. York has agreed to pave the proposed Springfield Way and eventually ask the Town to accept it as a public road.  All details have been submitted.  Abbott Engineering firm has performed the flood evaluation indicating the base flood elevation at approximately at 248.5.  The building envelopes have been adjusted accordingly.  
Question from the Board:  Cullen questioned the location of the driveway for lot four. Mr. Morrell said there is an existing duplex on lot four.  The Board discussed and agreed that it is a five-lot subdivision and the cell tower lot will need to be numbered and confirmed with Fred Farnham for the correct lot numbers.  Cullen asked Mr. Morrell to indicated on the map the locations of the wetland and where the high ground is.   The location of the driveway for lot number 3 will require 1,100 square feet of wetland alteration.  Bill York stated that the power going down the road will be overhead, from the pole to the building is proposed to be underground.  Chris asked whether each lot had 60,000 sq. ft. of contiguous land for a buildable area.  Mr. Morrell stated that all three lots meet the requirements and they will not be in the wetland or the 100-year flood zone.  Dennis discussed the location of the fire pond.   Wanda asked for a letter from the Fire Chief indicating the location and the specification for the fire pond and if Mr. York’s R-O-W goes the distance of the road?  Mr. York indicated that his right-of-way goes 200 feet past the end of the proposed road.  Referencing Section 10.1.A of the ordinance, requires the applicant to pave to its most distant terminus point.  The Board will seek legal council to determine the distant point.  Sue asked the applicant to clarify the buildable upland on lot #2.  The building setback lines will be updated.  Lot #3 does not show the required 250 feet of road frontage.  Chris asked if the driveway would be located before the hammerhead.   Mr. Morrell said the driveway would be before the hammerhead.
        The Board received a letter from S. B. Holdings referencing the right-of-way civil matter with the applicant.  This will have no bearings on the Board’s decision.  A rebuttal letter was also received from the applicant’s attorney.  
·       Sue moved to schedule a site walk for Friday, September 16th at 6 pm, seconded by Wanda, the motion passed with a 6 – 0 vote.

David Durrell & Timothy Flynn of Saco Bay Millwork Co. Inc. are proposing a millwork/cabinet manufacturing business.  Located at lot #2 of the Tory Hill Business Park; Tax Map 10, Lot 16A-2.  
·       Wanda moved to amend the agenda to add Saco Bay Mill Works to the agenda, seconded by Chris the motion passed with a 6 – 0 vote.
Keith, Chris, Wanda and Cullen attended a scheduled site walk on September 6th; Sue walked the property with the applicant later that same day.  Keith mentioned that there was plenty of buffering, the property was flat and the only concern was with plowing and for Mr. Durrell to contact the Road Commissioner.  Chris asked if the Fire Chief’s concerns have been answered from the August 31st letter.  The concerns are being addressed and a letter will be submitted when it is received.  Sue has no problem with the plants she noticed at the site walk and adds they would make good landscaping plants.  The Board asked the applicant to get information from Maine State Preservation Commission and Inland Fisheries & Wildlife.  Wanda noticed in section 10.7.B, the applicant does not intend to pave the parking area.  Mr. Durrell was hoping not to pave the parking lot.  A request will be submitted to not pave the parking area.
·       Motioned by Cullen, seconded by Wanda to set a public hearing for September 26th, the motion passed with a 5 – 1  vote, with one opposed.   
Dennis recommended keeping the Fire Chief and Fire Marshall informed throughout the process.  Wanda requested a copy of the conditions of approval of the original subdivision and the subdivision plan.  

CEO Report:  Code Enforcement officer, Fred Farnham is not in attendance

Approval of Minutes:  August 8, 2005 - Cullen moved to accept the minutes as amended. Seconded by Wanda, the motion passed with a 5 – 0 - 1 vote, Chris abstained.
August 22, 2005 - Cullen motioned to approve the minutes of August 22, as amended.  Seconded by Sue the motion carried with a 4 – 0 - 2 vote, Chris & Wanda abstained.

Approval of Bills:  Motioned by Wanda, seconded by Sue to pay Portland Press Herald to cover legal ad for May Schumacher.  The motion carries with a 6 – 0 vote.

8th Annual Land Use update in Maine
        Comprehensive Environmental Inc.
        Casco Bay Estuary
        North Country Land, Inc.
Carry forward - $500 for printing and $500 for mapping.
Maine Townsman – August/September
Other Business:  Findings
May & Frederick Schumacher – note # 9 add number of children allowed.  
·       Sue moved to accept the finding of fact for Schumacher conditional use permit, seconded by Cullen.  The motion passed with a 4 – 1- 1, one opposed and one abstention.  
·       Sue moved to reconsider the vote, seconded by Cullen the motion passed with a 6 – 0 vote.  
·       Sue moved to approve the Schumacher application as amended, seconded by Cullen, the motion passed with a 5 – 1 abstention.  Chris Abstained.
        Bar Mills Community Church -  #24 review and resubmit.
        Henderson Heights -   
·       Cullen motioned to approve the conditional agreement performance guarantee for Henderson heights, seconded by Sue, the motion passed with a 6 – 0 vote. 

·       Motioned by Sue, seconded by Chris to adjourn at 8:37 p.m., a unanimous vote.

Respectfully submitted,
Krystal L. Dyer                         Approval Date:                                  

Chairperson: ________________________________ Signature Date: ____________
                                               Keith Emery     

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
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