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Town Seal
Planning Board Minutes 10/24/2005
Planning Board Members Present:  Keith Emery, Chris Baldinelli, Sue Schaller, Cullen Ryan, Wanda Emery and Barbara Elwell.

Planning Board Members Absent:  Dennis Santolucito

Others Present: Bill Anthony, Bill York, Andy Morrell of BH2M, Allan Hague, Danny
Shaw, Tom Shaw, Mark Curtis, Dennis Sweatt, Ronald Dearborn, Alberta Richards, Helen Betts, Cliff Emery, Melissa & Michael Thibodeau, Jack Chase, Robert Nelson, Adam Estes, Dan & Olive Collomy, Gary Braley and 2 others  

Chairman Keith Emery called the meeting to order at 7:32 p.m.   

Public Hearing:  William York of 482 Webster Road has submitted a plan for a 5-lot subdivision off Webster Road.  Tax Map 7, Lot 20-4.  
·       Wanda motioned to opened the Public Hearing, seconded by Chris, the motion passed with a 4 – 0 vote.
 Andy Morrell of BH2M, representing William York updated the Board on the requested changes from the October 10th meeting by adding note #19 acknowledging the local area gravel pits and an FAA approved airstrip.  Note #20, the road will be built to Town standards as requested.  The side setback lines are changed to reflect 50-foot setbacks.  
Questions from the Board:  Chris asked for the building envelope on the lot with the existing duplex.  Fred said it was usually not on the plan.  
The Board reviewed the findings from Southern Maine Regional Planning.  Section 13.3.A.6, the road name has not been submitted yet, waiting for approval.  The Board is concerned with the width of the proposed road.  Section 13.3A.8 the Board is not requiring the location of utility poles, streetlights or underground utilities to be on the plan.  Section 13.3 A.12, line type will be changed on lot 4.  Lot 3-road frontage should be 259.84, the plan currently shows 249.84 and another 10 feet on left side.  The total frontage for lot 1 includes the 150’ around the hammerhead.  The driveway will be located before the hammerhead.  In section 13.3A.16, requires for the final to be stamped.  Section 13.3.A.21 requires a hydrogeologic assessment.  Due to the wet areas, the Board is requesting the applicant submit more information.  In 9.6 Section 13.4.B requires the well exclusion area be marked on the plan along with a note about the reserve area.  The driveway should be at the same elevation.  Section 13.4.F, the Road Commissioner should submit a letter after review of the proposed road.  A road maintenance agreement will be submitted before the next meeting.  Add a note stating the road shall be maintained until the point when and if the town approves it.  Section 13.4.H, have the test pits designated as primary and reserved.  Section 13.4.L1, the Board did not set any limitations.  13.4.M.2 & 13.5, a letter of credit and a performance guarantee will be submitted prior to final approval. Andy Morrell will contact Mark Hampton Associates for a copy of a wetland of special significance evaluation.  Erosion control plan has been submitted.  The new plan will show the Shoreland Zone designated.  The Board discussed the 13’6” vertical clearance and deemed it unnecessary.  Fred said the note for a flood hazard development permit was not needed.  
There were no questions from the Code Enforcement Officer at this time.
Comments from abutters:  Danny Shaw of S. B. Holdings stated that Mr. York is using a portion of his land to access the proposed subdivision.  Mr. Shaw submitted a timeline showing the land purchases and deeds.  Mr. Shaw is in a land dispute with Mr. York for ownership of the right-of-way.   The road should be built for truck traffic, if Mr. York brings the road up to Town standards.  Mr. Shaw questioned whether the Town would take the land by eminent domain. Mr. Shaw feels that he can access road frontage off Webster Road.  Mr. Shaw requested that his gate be put back after the road is complete along with an OSHA required sign.  The road should be built to standards that will withstand truck traffic.  There should be a minimum of 2 feet of gravel and 6 inches of hot top. Power should be underground; if overhead it will need to be high enough for a crusher to be brought into pit area.  Mr. Shaw is also requesting a berme and trees to buffer the houses from the pit.  Would like to name road Gravel Pit Road or Hague Pit Road.  Mr. Shaw has requested to be present when the Road Commissioner inspects the road and be involved in the maintenance agreement.  Mr. Shaw submitted an affidavit from Arthur Hague and a letter from his attorney.  
        Wanda stated that the Planning Board couldn’t solve title disputes.  The Board will base the application on what information is given.  From the Town Attorneys review, Mr. York has submitted enough evidence to show the right, title and interest in the property used for the road.  A land dispute it is a civil matter.  
Comments from the Public:  Tom Shaw of Gorham Sand & Gravel had concerns with the wetlands and requested to see a second wetland delineation.  He asked whether a noise study had been done from the property line and would like to see a hydrogeologic survey.  The road should be built to handle existing traffic, which is truck traffic. He also requested to extend the public hearing after all issues are addressed.  Selectman Cliff Emery requested for the deed to disclose that there is an active gravel pit in the area.   Note 19 disclose the gravel pit and airstrip.    
        Ron Dearborn asked that the road be built to handle the existing truck traffic, so the Town does not have to pay to rebuild later.  Alan Hague stated that before he sold the property the pit was closed and not re-opened.  Sue asked if papers were filed with the Department of Mining.  The Board has no basis to question the activity of the gravel pit while reviewing the subdivision.  Dennis Sweatt questioned whether it was standard practice for the Board to use Southern Maine Regional Planning Commission.  He also asked that the Board listen to what is being said and feels the comments are intended to hurt the value of the proposed subdivision property.   Mark Curtis of Gorham Sand & Gravel stressed that the biggest concern is if the new neighbors are unaware of the existing gravel pits.  
Wanda motioned to continue the Public Hearing to November 14th, seconded by Chris.  Discussion:  Chris asked that if the applicant is not ready by November 7th to contact the Board.  Cullen asked for more information on underground utilities vs. above ground for the Board’s review.

Richard & Mitzi Kuniegel are requesting a conditional use permit to raise alpacas at 49 Woodman Road; Tax Map 10, Lot 84A.  Not in attendance

Helen Betts of 80 Narragansett Trail has submitted an application for a 3-lot subdivision, located on Ironwood Drive, Tax Map 10, Lot 102.  Helen Betts has given two lots to two nieces.  The transaction was first considered to be a family subdivision but a great aunt is not listed under the states subdivision definition.  Mrs. Betts has owned the property since 1989 but did not reside on the property until 2004.    Fred Farnham, Code Enforcement Officer, issued the permit for lot 2 with the understanding that Mrs. Betts had live on the property for a number of years.  The third lot is part of original homestead lot.  There are areas of the lot that are in the Shoreland Zone, during the construction phase considerations has been taken.  
Questions from the Board:  Wanda said an engineered stamped plan would need to be submitted.  Sue agreed that a new plan would be less confusing and the applicant has to apply Article 13 to a new plan.  Indicate the wells, septic and existing buildings.  Wanda asked if the road could be treated as a family subdivision under Article 10 as far as the road goes.  The Board will consider waiving the requirement to pave the road.  Section 13.4.F states all streets in the plan including private roads must be built by the developer in conformance with the section 12.4.   

CEO Report:  Fred Farnham updated the Board on two pending applications. EastPointe Christian Church has resolved the wetland issue and they are waiting to hear back from DOT.  They will be moving their office to another location in Scarborough.  They will continue the conditional use review for the Church.  Spoke with someone from DOT who is doing a study to try to minimize the number of accidents at the intersection of Route 22, Broadturn and Portland Roads.  The Longhorn application will be coming back at the next meeting.  
        A follow up from the last meeting with the light at The Donut Hole, Fred has contacted the owner to make correction.  Fred will make all the businesses along route 202 aware and to make corrections.

Approval of Bills:  Cullen motioned to approve the payment of $150.00 Southern Maine Regional Planning Commission.  Seconded by Sue, the motion passed with a 6 – 0 vote.

Communications:  Order 7 copies of the new Maine Planning & Land Use Laws books at $15.00 per copy.
        The Town of Gorham is requesting a joint meeting to discuss the Joffe/Colpitts subdivision located off Webster and Church Hill Roads. The Board agreed on November 21st or December 5th and would like the plans to review one week in advance.  Wanda requested to know what Gorham’s procedures are.  

Other Business:  Gary Braley, the Pastor of Living Waters Christian Church is inquiring into leveling off an area of approximately 75,600 sq. ft. to the right side of the building.  They would like to relocate the play area and in the spring add a ball field.  Wanda felt that it is Fred’s authority to determine if Mr. Braley needs to come back before the Board.  Sue informed Mr. Braley that he needs to contact DEP.

Listing from October 17th workshop:
1.      Updated plan pages including front page with phone & cable corrections and pond detail sheet.  (be sure we have the most up to date versions of all plans).
2.      Correct site plan to indicate well placement.
3.      Update answers to 10.4 explosive materials (what will be on site and how will it be dealt with) and address 10.10 setbacks & screening other than the chain link fencing.
4.      Update and or supply wildlife and natural areas letters.
5.      Update plan to show separation tank details (including discharge and provisions for cleaning) for building.
6.      Show details on fuel storage area, including measurements and dike calculations.
7.      Provide a traffic flow/parking detail with storage areas for current equipment.
8.      Indicate that fertilizer/lime shall be applied per-soil test.
9.      Provide second opinion (per section 8.2.B.2/both with and without 2nd access to site.  
10.     Oil spill plan (SPCC).  8.2.B.5.
11.     Be sure lighting complies with current ordinance. 10.16
12.     Storm water plan needs to be corrected to reflect current plan. 12.2

The plan will be sent to SMRPC after the next meeting.

Update section 12.2 storm water plan.  

Findings for Saco Bay Mill Works - will review at the next meeting.  Will send a reminder for a copy of the wastewater plan.
·       Motioned by Chris, seconded by Wanda to adjourn at 9:45 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
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