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Town Seal
Planning Board Minutes 11/14/2005
Planning Board Members Present:  Keith Emery, Chris Baldinelli, Cullen Ryan, Wanda Emery, Dennis Santolucito and Barbara Elwell.

Planning Board Members Absent:  Sue Schaller

Others Present: Bill Anthony, William York, Andy Morrell of BH2M, Danny
Shaw, Tom Shaw, Dennis Sweatt, Ronald Dearborn, Alberta Richards, Helen Betts, Melissa Thibodeau, Scott & Nichole Tracy, Stephen Everett, Robert & Amanda Nguyen,
Pamela Welch and Lawrence Humble of Tooth & Assoc.

Chairman Keith Emery called the meeting to order at 7:30 p.m.   

Public Hearing Continued:  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, representing William York, updated the Board on the current revisions suggested by SMRPC, Board members and abutters. The first change is eliminating lot 3, making it a 4-lot subdivision.  The Road Commissioner submitted a letter stating that the existing roadway is per standards of Article 10.1.A.  Stamped plans and a Hydro-Geologic Assessment were submitted.  Primary and reserve septic systems have been added for each proposed lot, along with well exclusion lines.  A roadway maintenance agreement and a survey description of Springfield Way had been submitted.  
Questions from the Board:  Chris is concerned that the road is not being paved.  Mr. Morrell stated that after meeting with the Road Commissioner and the Code Enforcement Officer, the current status of Springfield Way is in compliance with 10.1.A of the Buxton Zoning Ordinance for two lots.   The road as it exists meets the current standards.  A letter was submitted on November 10th, it would be included in the packets for the next meeting.  Section 13.4.f states all subdivisions must be paved. Chris still feels the road needs to be paved.   Barbara asked if the road will remain private and if the road will be built to withstand the load of truck traffic.  Mr. York said the road is already constructed for trucks; S.B. Holdings built the existing road.  Mr. York stated that S.B. Holdings is the clear owner of road.  Wanda agreed with Chris stating that Article 13.4.f reads that all roads in subdivisions have to be paved.  Article 10 applies to general access; the subdivision roads are more stringent.  The maintenance agreement does not state who is responsible for plowing, maintenance etc….  Dennis asked if Shaw Brothers owns the road, would they share some of the responsibility to maintain it.  Chris asked how the applicant gets legal access to the lots if Shaw Brothers owns the land.  Mr. York read the verbiage on the deed.  Keith said the Board would decide whether the applicant had provided enough evidence to prove he has rights to use and convey the road.  If they do not agree then it is a civil matter that would have to be decided in court.  
Comments from abutters:  Danny Shaw, President of S.B. Holdings & Shaw Brothers, said Mr. York cannot make the road a public way since S.B. Holdings owns 100%of the road.  He would like a copy of the letter from the Road Commissioner.  It is his responsibility to move the gate and sign for another person’s subdivision.  He still feels the road should be paved for truck traffic.  Mr. Shaw is asking for more time to review the revised plan.  
        Mr. Morrell said that nothing has changed on the boundary survey and they have always stated that Mr. York has the right to use the road. He felt that the new plans were available for review on November 6, giving the abutter ample time to review.
        Tom Shaw requested to continue the public hearing to allow time to review the new plan.  He also had concerns with the road being paved for residential use, stating it will not withstand the truck traffic.  He suggested working the land issues out before it is approved, so not to burden the Town.  SMRPC recommended a wetland mapping to be completed; he questioned whether the Board is going to require it.  Also, how can Mr. York create a road maintenance agreement for a road that doesn’t belong to him?  Any road approved with three inches of pavement on a heavy haul road is not a good idea.  Mr. Shaw suggested that the Board deny the application, let Mr. York work out all the issues first and then re-apply.   
        Dennis Sweatt said the trucks would tear up the proposed road in five years are the same trucks that are causing wear & tear on all Buxton roads.  The Board should think twice before approving gravel pits.  
Wanda would like to continue the public hearing until the next meeting.  The Board has not received the letter from the Road Commissioner, road maintenance agreement or wetland of special significance.  The Board discussed whether to send the plan back to SMRPC for review since it has been amended from the original plan.  Mr. York said he would go back with the original plan of three lots if the Board determined that the road needs to be paved; otherwise it will remain two lots.
Danny Shaw made a request to name the road “Gravel Pit Road” since they are the owner.  He also wanted each lot to have a buffer of trees from the existing pit.  Mr. Shaw also requested a high intensity soil survey and a second peer review.  Tom Shaw would like the Board to table the application until the issues are resolved.
        Cullen asked whether the Board should table the application until the road issue is resolved.
·       Wanda moved to continue the public hearing to the next meeting.  Seconded by Barbara.  The motion passed with a 5 – 1 vote with Dennis abstaining.

Nichole & Scott Tracy have submitted an application for a conditional use permit to operate a Yoga & Wellness Center at their home, located at 332 Chicopee Road; Tax Map 2, Lot 18.  
·       Chris motioned to open the public hearing, seconded by Wanda.  The motion passed with a 6 – 0 vote.
Nichole Tracy gave an overview of her proposal to start a Yoga and Wellness Center.  Questions from the Board: Chris commented that at the site walk on October 8th, everything looked good. Wanda asked if there would be any other employees.   Mrs. Tracy said to start it will be just herself and eventually adding a maximum of 1 to 2 employees.   Southern Maine Regional Planning Commissions Review suggested omitting parking spaces 7, 8 and 9 for safety issues.  The building capacity would be a maximum of 26 people; by omitting the three spaces this would leave 25 spaces and Nicole parks in front of her house.   There will be a maximum of 27 classes per week with only 4 classes on the weekends.  Classes would last sixty to ninety minutes.  Dennis asked if the Fire Chief should review the plan and visit the site.  Mrs. Tracy will contact the Fire Chief.   Mrs. Tracy is researching electric inheritor toilets as an option to the septic system.  Cullen asked if she has examined the cost of up upgrading the existing system.   
Fred stated that the original system was built in 1987 for a three-bedroom house with 270 gallons.  A 70 x 20 bed expansion was done in 1995 with an additional 1,000-gallon tank, having a combination of over 600 gallons per day.  Fred said it will be fine and suggested installing a water meter for an accurate reading.  Hours of operation will be Tuesday and Thursday 6 am to 8:00 pm, other days will start at 8 am to 8:30pm Monday, Wednesday, Friday (a maximum of 4 classes per day); 9 am to 5 pm on Saturday and Sunday (a maximum of 2 classes per day).   
·       Chris motioned to close the public hearing, seconded by Cullen.  The motion passed with a 6 – 0 vote.
Conditions of approval:
1.      All elements and features of this application and all representations made by the applicant concerning the development and use of the property which appear in the record of the planning Board proceedings, are condition of approval.  No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2.      That the applicant be in compliance with all applicable provisions of Article 8.2.B and 10.
3.      That the applicant be in compliance with all applicable provisions of Section 11.
4.      All outstanding bills paid before building permit is issued.
5.      Hours of operation:
Monday, thru, Friday    8 am to 8:30 pm (a maximum of 4 classes per day); Two days during the week will open at 6 am to 8:30 pm, (a maximum of 4 classes per day);
Saturday and Sunday     9 am to 5 pm (a maximum of 2 classes per day).   
·       Motioned by Chris, seconded by Wanda that based on previous discussions we find the application to be in compliance with all applicable provisions of Section 8.2.B, 10 & 11   The motion passed with a 6 – 0 vote.

·       Chris motioned to approve the application with the conditions stated this evening and from previous meeting, seconded by Cullen.  The motion passed with a 6 – 0 vote.

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 informed the Board she has received a letter from the Road Commissioner informing her that Ironwood Drive meets all requirements of Article 10.  Stephen Everett, surveyor of Mrs. Betts’ property, presented the plan to the Board.    According to the State definition of subdivisions, nieces are not considered family members.
Questions from the Board:  Dennis wanted to make this as easy and least expensive to the applicant as possible.  Wanda said the Board needs to consider it a family split, but has to cover the basic requirements of Article 13 of the ordinance.  The Board can vote to waive the paving of the road.  Barbara said the wetland has been taken care of and the applicants are just trying to get into their new house.  The following still need to be submitted: A copy of the letter from Road Commissioner, copies of deeds, a road maintenance agreement, a note on the plan stating the road will remain private according to Section 10.A.1.2. Note the use on the plan, lot numbering, stormwater management, road cross-section, 10.1.A, sand & gravel aquifer, inland fisheries and historic preservation and erosion control.  The Board will waive the 5–foot contour lines.  The remaining front lot is not being reviewed, if Mrs. Betts decides to build on this lot she will have to return to the Planning board.
·       Wanda moved that the Board find this to be a family subdivision.  Seconded by Chris, the motion passed with a 5 – 1 vote with Barbara abstaining.

·       Chris motioned to waive the pavement of Ironwood Drive. Seconded by Cullen, the motion passed with a 5 – 1 vote with Barbara abstaining.

Cullen asks if there are any other low-lying areas very close to the dwellings.  Mr. Everett said the soils excavated around the house were not hydric soils.  No significant wetlands other than what is on the plan.
·       Chris motioned for site walk for Ironwood Drive subdivision Sunday, November 20th at 8:30 am.  Seconded by Wanda, the motion passed with a 6 – 0 vote.

Robert Metcalf of Longhorn Horse & Pet Supply is requesting a Conditional Use Permit for warehouse storage.  Located at 16 Pierce Drive, Map 6, Lot 32-4.  Lawrence Humble of Tooth & Associates, represented Mr. Metcalf.  Drainage detention pond was not necessary.  He is in the process of ditching the area for a new service entrance on to route 22.  Proposing two 10-inch culverts under the new entrance.  Keith directed Mr. Humble to contact the Road Commissioner for approval.  Some major concerns were with the fire access around the building.  They are proposing to move two existing sheds back off the pavement.  Another small shed will be moved to the display area, allowing the truck traffic to access the perimeter of the building safely.  Will be changing parking area to include handicapped accessible spaces and making a one way loop process.  
Questions from the Board:  Wanda questioned the other remaining temporary storage sheds on the right side of the building.  Mr. Humble said the sheds would be moved.  All temporary storage sheds will be listed on the plan.
Fred is concerned with emergency access.  Materials and supplies are scattered, need to have some sort of organization.  Indicate the location of the truck bodies used for storage and screening from the road.  Have a confined organized area for similar items.  Keith asked to show the abutting house and septic system.   Cullen suggested expanding the plan on to another page.   Identify the potential owner of an easement.  
·       Wanda motion to schedule a site walk for Sunday, November 27th at 9 am.  Seconded by Barbara, the motion passed with a 6 – 0 vote.

CEO Report:  Chris asked about a large garage located on Town Farm Road.  The building permit was taken out for a personal use garage.  It was brought to the applicant’s attention during the permitting process that the garage would not to be used for a commercial use.          

Wanda motioned to skip the minutes

Approval of Bills:
·       Wanda motioned to approve payment to Portland Press Herald in the amount of $37.40 for the legal ad for Springfield Way subdivision.  Seconded by Barbara, the motion passed with a 6 – 0 vote.
·       Wanda motioned to approve the payment of $300.00 to Southern Maine Regional Planning Commission for the review of Springfield Way subdivision.  Seconded by Barbara, the motion passed with a 6 – 0 vote.

·       Wanda motioned to postpone the rest of the agenda, seconded by Chris, a unanimous vote.

·       Motioned by Chris, seconded by Wanda to adjourn at 10:25 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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