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Town Seal
Planning Board Minutes 09/26/2005
Planning Board Members Present:  Keith Emery, Chris Baldinelli, Wanda Emery, Cullen Ryan and Dennis Santolucito.

Planning Board Members Absent:  Sue Schaller

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

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

Public Hearing: 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.   
·       Motioned by Chris, seconded by Wanda to open the Public hearing.  The motion passed with a 5 – 0 vote.
David Durrell gave an overview of the project.
Questions from the Board:  Wanda is not comfortable with the applicant saying they do not have any hazardous waste and intend to use the dumpster for disposal.  She would like to have a letter from the waste disposal company stating they will dispose of the material Saco Bay Millworks Co. Inc. has in its dumpster and they will meet any regulation for disposal of all hazardous materials.  Mr. Durrell said the disposal company does not consider the small amount of residue in the bottom of the lacquer can to be prohibited by them.   Dennis questioned the letter from Chief Grinnell stating a fire alarm system is not required.  Dennis is concerned with not having an alarm system, due to the nature of materials being stored in the building.  Mr. Durrell explained that they have exceeded the budget expected and plan to install a sprinkler system. Cullen thinks the sprinkler system is a form of fire protection system and a significant step in terms of safety.  Keith is satisfied with the response to the plowing issue.  
There were no abutter or public in attendance.
The applicant is requesting a variance to not pave the parking lot.  Keith asked if they intended to pave in the future.  Mr. Durrell responded that it is possible.  Wanda asked if the other buildings in the subdivision have paved lots.  Some of the businesses have      pavement, there are 2 with gravel parking lots.   Wanda would like to set a time limit for them to pave.  Chris and Keith would give an extended time limit.  Cullen could waive or extend.  Tim Flynn said that as part of an upgrade to the industrial park they are installing  3-phase power from Tory Hill down route 202 through the industrial park to lot #2, at their expense.  He requested a five-year extension on paving.  They will use a reclaimed material on the parking area now, to help with the drainage.  Cullen said the lack of pavement would impact their business more than the community around it, due to the nature of the business.  A five-year window is acceptable with him.   Chris, Dennis, Wanda and Keith are in agreement to a five-year variance.  Chris is still concerned with not having a fire alarm system and suggested purchasing smoke detectors.  The applicant will need the Fire Chief and the State Fire Marshals approval before operation begins.  
·       Motioned by Chris to wave the reading of 8.2.B, 10 and 11, seconded by Wanda, the motion passed with a 5 – 0 vote.  
Keith noted the applicant is still responsible for all requirements of Articles 8.2.B, 10 and 11 and all information submitted can be viewed in the Code Enforcement office.

·       Wanda motioned to find the application to be in compliance with all applicable sections of 8.2.B, 10 and 11.  Seconded by Chris, the motion passed with a 5 – 0 vote.
Conditions of approval:
1.      All elements and features of the plan 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 Articles 8.2.B, 10 and 11.
3.      All outstanding bills paid before building permit is issued.
4.      The applicant is required to pave the parking lot within five years from date of operation.
5.      The applicant shall provide documentation for proper disposal of any hazardous waste on site.
·       Chris motioned to approve the application with conditions stated tonight and at previous meetings.  Seconded by Wanda, the motion passed with a 5 – 0 vote.
·       Motioned by Chris, seconded by Wanda to close the public hearing. The motion passed with a 5 – 0 vote.

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 discussed the 40.6-acre parcel off Webster Road. A site walk was held on September 16th.  Mr. Morrell submitted the required document from Inland Fisheries and Wildlife.  Mr. Morrell requested to schedule a public hearing.
The Boards discussion from the site walk:  Cullen encouraged the Mr. York to work out the suggestions from the abutting neighbor referencing the underground utilities, sharing the expense of relocating a gate and the road name.   Mr. York has no intention of changing to underground utilities due to the high water table.  The plan proposed above ground utilities on the road with underground utilities from the road to the house, conditions permitting.  Also, there is no intention of changing the proposed road name of Springfield Way.  The gate at the end of the road is made of old tubing 20 plus years old; very rusty, Mr. York prefers not to remove it himself.  Mr. York spoke with Code Enforcement Officer, Fred Farnham about the sign, they discussed removing it since it is oversized and does not meet the ordinance for the zone.  Chris was not able to attend the scheduled site walk, but did stop in on his own.  Wanda questioned whether the base flood elevation noted is the limit of the flood plain.  Mr. Morrell replied they were the same.   Wanda requested a note indicating elevation of the bottom floor of the foundation as required in Article 14.  Mr. Morrell said the report provided by Abbott Engineering provided specifications and will be applied to the plan.  Wanda asked that the road frontage be corrected on lot #3.  Keith said the land looks like its uphill with a few wet spots.  Mr. Morrell will include the fire pond on the plan and submit a detailed spec list.  
        The Board would like an updated plan with the following corrections before scheduling a public hearing: frontage on lot #3, possibly the total frontage of each lot, note on the plan any construction had to be in compliance with floor hazard elevations and indicate the area to be paved on the proposed road.  

DeLuca-Hoffman Associates, Inc. will present a proposal for a new Public Works Garage for the Town of Buxton, located on Portland Road; Tax map 9, Lot 10
Bill Hoffman States they still have 2 issues of interest, the location of the access driveway and the amount of fuel storage allowed on the property and if it’s an accessory to the use.
Discussion from the site walk:  Chris had concerns that the four houses across the street will have headlights shining into their windows as the trucks leave the proposed entrance.  Dennis would like the applicant to compare the proposed plan with the 2003 comprehensive plan.  Cullen agreed that the second entrance will impact the neighbors across Portland Road.  Keith suggested using the money for the proposed entrance to upgrade and use the existing entrance.  The proposed location for the bulk fuel storage tanks are located over an aquifer, Keith does not see how the Board can approve the location.  Dennis asked to discuss the letter submitted by Buxton Police Chief Jody Thomas, referencing the two separate entrances. Cullen felt that there is no driving force to convince him there should be two separate entrances but the concerns are certainly valid.  
   Cliff Emery read the letter from Chief Jody Thomas referencing a separate entrance (see attached).  Keith stated the only interference with the community building traffic would be around 3:00pm and if the community building had an emergency, the building would be evacuated before the Fire Department arrived.  The transfer station should not have hazardous waste.  Keith does not agree with the second entrance. The State just completed a traffic count on Portland Road; Krystal will get a copy of the current report from MDOT.   Dennis can see both sides of the entrance issue and would like to look at all the alternatives, which include safety issues stated in letters submitted by Fred Farnham and Chief Jody Thomas.  All are very valid points that need to be addressed.  Wanda had concerns with fuel storage over a ground water feature.     
        Dennis Sweatt, a member of the Building Committee asked how much a highway truck would add to existing traffic on route 4, whether using the existing entrance or the proposed.   The engineered stamp on the plan would indicate the tanks are approved and will provide adequate protection against leakage.  The Town has an ordinance to follow, it seems that it’s the Boards opinion not to use the proposed entrance.   Keith said the Board received a letter from the Maine Department of Transportation requesting that the Board limit curb cuts.  
Selectman, Cliff Emery questioned the maps from 1991, which is still referenced in the 2005 ordinance, to the maps of 2002 showing 1/3 more of the town having an aquifer.  As the ordinance is written now, the fuel storage tanks would be allowed.  Wanda explained the features on the map where the old comp plan called something different.  The aquifers as depicted on the original map are limited based on the federal aquifer map program and a lot of communities have expanded on what they consider an aquifer to help protect the significant ground water features attached to the aquifer.  Cullen added that the Planning Board is part of a working process, towards the most positive solution.  Wanda proposed a workshop to review the application with the applicant.  
·       Motioned by Wanda, seconded by Chris to schedule a workshop for the Public Works application on Monday, October 17th at 7:30 pm.  The motion passed with a 5 – 0 vote.  

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.
Nichole Tracy is requesting to turn an approved woodworking/art studio into Yoga Fitness and Wellness Studio.  She would also like to hold vegetarian cooking classes.   They intend to add solar panels and a propane boiler for heating as well as environmentally friendly building materials.  
Questions from the Board: Chris asked that the parking lot drawing be re-drawn to show where the driveway connects and include a handicapped-parking area.  Mrs. Tracy said she has double doors in the front and will upgrade the bathroom for handicapped accessibility.  She’s hoping to use the 2nd floor for cooking classes and asked for recommendations for making it ADA accessible.  The Board recommended checking with Fred Farnham.  Dennis questioned whether the 28 parking spaces are paved.  Only the 3 spaces in front of building are paved.  
·       Wanda motioned to schedule a site walk on Saturday, October 8th at 8 a.m.  Seconded by Chris, the motion passed with a 5 – 0 vote.  Cullen will stop in at another time.

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

Approval of Minutes:  September 26, 2005 – Chris moved to accept the minutes as written. Seconded by Cullen, the motion passed with a 5 – 0 vote

Approval of Bills:  none

        Resolving land use Disputes

Other Business:  
Review findings for Church
October 10th – Columbus Day – The Board will meet.

·       Motioned by Chris, seconded by Wanda to adjourn at 9:42p.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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