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Town Seal
Planning Board Minutes 12/12/2005
Planning Board Members Present:  Keith Emery, Sue Schaller, Cullen Ryan, Dennis Santolucito and Barbara Elwell.

Planning Board Members Absent: Chris Baldinelli, Wanda Emery

Others Present: Bill Anthony, Alberta Richards, Helen Betts, Mike & Melissa Thibodeau, Robert & Amanda Nguyen, Dan & Olive Collomy, Derek Rice, Lawrence Humble, Stephen Everett, Ira Stockwell, George Stockwell, and Mary Blaisdell.

Chairman Keith Emery called the meeting to order at 7:35 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.  
Mr. York was not in attendance.
·       Dennis moved to close the public hearing.  Seconded by Barbara.  The motion passed with a 4 – 0 vote.

·       Dennis moved to deny the application due to incomplete information.  Seconded by Barbara.  The motion passed with a 4 – 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.  
·       Barbara motioned to open the public hearing, seconded by Cullen, the motion passed with a 4 – 0 vote.
Stephen Everett, representing Helen Betts, updated the board with the changes made to the plan.  The lot numbers have been added.  A reserve area was added to lot 102-2, but Mr. Everett did not have time to have another test pit dug in the time line for this meeting.   The remaining land of Helen Betts is not to be included as part of this subdivision.  Two notes have been added, note #8 has been reworded to comply with the ordinance and the State standards for erosion control will meet standards of Best Management Practices.  Also, the date was added.  There has been no response to the letters sent to Inland Fisheries and Wildlife and Maine Historic Preservation.
        Keith informed Mr. Everett that the remaining land is part of the subdivision, but before the parcel can be built on, the applicant will need to amend the subdivision.  Keith checked with Fred concerning Ironwood Drive crossing lot 105, the lot would not be a buildable lot.  Remove the left hammerhead extension.  Dennis asked for clarification on the two letters from SMRPC, the letter dated 12/7/05 stated that Ironwood Drive is not a town road.  Dennis felt the 15-foot road is fine.  
In Fred’s research he found nine previously approved subdivisions with 15-foot gravel roads serving two lots constructed to the road acceptance standards in Article 10.  He felt that the Board has taken part of the concept in section 10.1 smaller roads and less lots, but maintained the standards in article 12 that provide an acceptable and adequate access road to serve this number of lots.   He hopes the Board will continue to be consistent.  Fred submitted the letter with these findings.

Having no abutter or public comments the Board continued the discussion of approval.  
·       Motioned by Dennis, seconded by Cullen to close the public hearing.  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 Article 13.
3.      Notify the Fire Chief within 72 hours before the fire tank is approved.
4.      All outstanding bills paid before building permit is issued.
5.      Letters from Inland Fisheries & Wildlife and Maine Historical Preservation indicating there are no conflicts in the development of this property.
6.      Submit paperwork for a reserve septic system area to be designated for lot 102-1.

Notes to be added:  
1.      At the meeting on November 14, 2005 the Board moved to find this to be a family subdivision.
2.      At the meeting of November 14, 2005 the Board moved to waive the pavement of Ironwood Drive.
3.      At the meeting of November 28, 2005 the Board motioned to waive the contours due to the land being very flat.
4.      The Board waived pavement based on road standards in Article 12 and there is a road maintenance agreement.

Changes to be made to the plan for the mylar:
        Change the hammerhead by removing the left side and make a straight line.

·       Cullen motioned that based on previous discussions we find the application to be in compliance with all applicable provisions of Article 13.  Seconded by Sue, with no discussion the motion passed with a 4 – 1 vote, having one abstention by Barbara Elwell.

·       Cullen motioned to approve the application with the conditions stated this evening and from previous meetings, seconded by Sue.  No discussion, the motioned passed with a 4 – 1 vote, having one abstention by Barbara Elwell.

Ira Stockwell of 10 Justin Merrill Road is requesting a Conditional Use Permit for a medical office/workshop/salon located at the intersection of Narragansett Trail and Justin Merrill Road; Tax Map 8, Lot 20-2.   Ira Stockwell described the project, as a workshop/sales area, a medical office and the proposed salon will be changed to professional office space.  The sub surface wastewater system (SSWS) dated 6/14/05 was based on having a salon, a revised SSWS plan will be submitted.   The property is located in the business commercial zone.  
Questions from the Board:  Dennis asked for a landscaping design plan.  Keith asked to have the questions typed.  Sue requested to indicate the type of office use. Dennis suggested stating as professional office space. Mr. Stockwell plans to use the existing driveway entrance off Justin Merrill Road.  Keith said a lot line issue was discovered during a previously approved application, he would like a copy of the easement.  The parking spots will need to be calculated to determine if they have to correct number for office space.  Keith also requested a larger copy of the plan.  Cullen suggested having one entrance (the existing entrance) vs. the two proposed.  Sue questioned if there is a fire code for two entrances.  Keith directed Mr. Stockwell to review the plan with the Fire Chief and Fire Marshall.  The utilities are currently underground and will remain.  Barbara questioned the type of woodwork and whether stain or paint will be used.  Mr. Stockwell said he will be making and selling abstract artistic pieces, some with a little stain applied and the woodchips are used at Hearts n Horses.    Information will need to be submitted on dust, fumes, paint, stain etc…  Sue suggested changing the application to manufacturing.  George Stockwell said the questions for manufacturing have been answered in Section 11 and he will have them typed before the next meeting.
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 and Associates, representing Robert Metcalf of Longhorn Horse and Pet Supply, informed the Board of the updates since the site walk.  One handicapped parking stall is required depending on the size of building.  The pavement will be extended on the north side of the building, for the area designated for parking storage trailers.  A stockade fence will be installed parallel with the building along route 22.  The existing dumpster will be relocated to the storage facility area, with stockade fencing around it.  The plan also indicates the relocation of the temporary structures. The original subdivision plan showed a road coming from route 22 out behind the existing building.  DAKing, LLC, who is the original subdivider and owner of the building next door, owns this road.  It was suggested to use this entrance for delivery trucks.  Cullen questioned how a truck could back into the three designated parking spots without backing over the septic field.  Mr. Humble said a truck is able to maneuver into the 50-foot parking spot.  Cullen suggested striping the parking lot and possibly add signage to indicate the new parking areas and the traffic flow, and having a designated pickup area.  Sue has noticed considerable improvements and organization on the inside and looks forward to seeing the same on the outside.   She also recommends having boulders designating the edge of the septic area to prevent a vehicle from driving over it and evergreens instead of stockade fencing.  Keith asked if he has contacted the Road Commissioner to look at the culvert.  Mr. Humble will contact him again.  Dennis commented that evergreens would be a better buffer.  It was mentioned at the site walk that a stockade fence would be used to deter people from coming across the field.  
Code Enforcement Officer Fred Farnham would like to see a designated outdoor display and storage area added to the plan.  Mr. Humble said the display area is located in the front and he will add it to the plan.  Sue suggested checking with Fred for lighting specifications.
·       Moved by Sue, seconded by Cullen to schedule a public hearing for January 9th, 2006.  The motioned passed with a 5 – 0 vote.

CEO Report:  none
Approval of Minutes:  
October 24, 2005
·       Cullen motioned to approve the minutes of October 24, 2005 as amended.  Seconded by Barbara the motion passed with a 4 – 1 vote with Dennis abstaining.
November 14, 2005
·       Cullen motioned to approve the minutes of November 14, 2005 as amended.  Seconded by Dennis the motion passed with a 4 –1 vote with Sue abstaining.
November 28, 2005
·       Sue motioned to approve the minutes of October 10, 2005 as amended.  Seconded by Cullen the motion passed with a 5 –0 vote.

Approval of Bills:
·       Sue motioned to approve payment to Southern Maine Regional Planning Commission in the amount of $275.00 for the review of Scott & Nichol Tracy the yoga fitness center.  Seconded by Cullen the motion passed with a 5 – 0 vote.

Communications:  SMRPC -  proposal to eliminate funding.

Other Business:  Payroll due

Ordinance Changes – on January agenda

·       Motioned by Sue, seconded by Cullen to adjourn at 9:25 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
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