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Town Seal
Planning Board Minutes 03/27/2006
Planning Board Members Present:  Keith Emery, Dennis Santolucito, Sue Schaller and Wanda Emery.

Planning Board Members Absent: Chris Baldinelli, Cullen Ryan and Barbara Elwell

Others Present: Fred Farnham, Susan Williams, Maynard Graffam, Ernest Bodman, Ricky Bodman, Norman Russell, Lawrence Humble, Lawrence Miller, Jack Hanna, Barbara Peck Desile, Richard Deister, Jeremiah Ross, III, Neal Morrison, Selectman Clifford Emery, Lisa Rowley- TruChoice Fed. C. U., Ken Acker, Chris DiMatteo-Sebago Technics, Paul Norman, Sim Tm, Mary Turgeon, Ira Stockwell, George Stockwell.

Chairman Keith Emery called the meeting to order at 7:50 p.m.

Ira Stockwell of 10 Justin Merrill Road is requesting a Conditional Use Permit for a medical office, workshop/retail and professional office space located at the intersection of Narragansett Trail and Justin Merrill Road; Tax Map 8, Lot 20-2.
Wanda motioned to open the public hearing for Ira Stockwell.  Seconded by Dennis, the motion passed with a 4 – 0 vote.
George and Ira Stockwell gave an update to the proposed plan. The building has been turned to face route 202 with the entrance off Justine Merrill Road.  The location of the septic system will need to move slightly.
Questions from the Board:  Sue questioned the use or occupant of the other office space.
Abutters:  Richard Deister is concerned with 8.2.B.1, the building having an affect on his property. Mr. Deister explained that Justin Merrill Road is only 33-feet wide and does not meet the road requirements of the ordinance or section 8.2.B.2.  Having a bus stop on the corner, Mr. Deister is concerned with the kid’s safety having when the applicant is anticipating 6 to 8 vehicles to use Justin Merrill Road per hour. Section 8.2.B.6 states that the storm drainage is not expected to alter neighboring properties.  Will there be an engineered survey showing this?  Mr. Deister referenced the ordinance stating that noise levels cannot exceed 60 decibels; a sawmill has decibel ratings of 100 to 115 decibels.  He also questions how will the dust from the sawmill be controlled?  Section 10.7.A.2 – parking – the ordinance requires 39 parking spaces.  10.7.A.6 lighting, what will keep the lights from shining into Mr. Deister’s property.  When people come to get mulch they drive on his lawn.  There are no professional drawings, the ordinance requires them.  Sue asked if the access was changed to route 202 rather than Justin Merrill Road.  Mr. Deister would like these questions answered.  
Ira said they are not set on final plans and are thinking about scaling back, they wanted approval first, but are willing to work with the neighbors.  Would like to continue to offer free wood chips.  There will not be a sawmill on site, however they may use a 13 horse portable saw behind the workshop.    Total employees for the Medical office will be 5 and the workshop would be 2.  Neil Marston has similar concerns to Mr. Deister like the lighting, traffic on the corner with buses and noise pollution and property values.  Dennis referred to the ordinance stating what businesses are allowed on the property that is a permitted use.  
Public:  Jeremiah Ross has lived on Justin Merrill Road for 23 years and is concerned about the access road.  He feels that the access to the Doctors office should be from route 202.  The access to the garage should still be from the Justin Merrill Road due to the grand fathered use.  Fred is concerned with the site distance onto route 202 from the property.  Keith suggested that Mr. Stockwell contact the Maine Department of Transportation.  Sue asked Mr. Stockwell to modify his application to indicate the alterations to the buildings use.   Based on the topography, the soil types and the site walk, she does not see a drainage issue for the properties across the street.  Justification for the parking spaces, for building only.
·       Sue moved to continue the public hearing to April 10th, seconded by Dennis.  The motion passed with a 4 – 0 vote.  

M. C. Faulkner & Sons has submitted a plan for a manufacturing facility to be located on Hague Road: Tax Map 7, Lot 20A-3.
The letters from the Historical Society has been received.  Dennis and Barbara attended the site walk on the March 18th.  An abutter attended the walk and was content with the answers to his concerns.  One concern was with the road, but the applicant has offered to upgrade the road along with drainage improvements.    Dennis asked Ms. Williams to meet with the Road Commissioner to discuss the road improvements and submit a letter stating what the improvements would be.
·       Wanda moved to schedule a public hearing for April 24th.  Seconded by Sue, the motion passed with a 4 – 0 vote.
Keith suggested inviting the Road Commissioner to the site walk.

Norman & Stephanie Russell are proposing a 10-lot subdivision located off Mary Jane Road; Tax Map 1, Lot 174.
Lawrence Humble of Tooth and Associates presented the plan for the 10-lot cluster subdivision, indicating the property is located within three zone districts (village, residential and rural).  The density calculations have been done on each zone.  The lots are a minimum of 60,000 square feet.  Tooth and Associates mapped the wetlands area.   A DEP storm water permit is not needed since they are below one-acre.  Run off water is handled by the infiltration pond between lot 10 and the transmission lines.  There will also be a fifty-foot no disturbance buffer on both sides.  Central Maine Power and Saco River Corridor Commission have been contacted due to the distance from the river, they have no issues.  Mr. Humble has met with Chief Grinnell and determined that two 5,000-gallon storage tanks would be required, but not before test pits are conducted to find a suitable location.  Chief Grinnell has also requested a gated 60-foot wide access to the power lines in the event of a fire on the power lines.  Still waiting to hear from the Road Commissioner for the road entrance.     
Questions from the Board:  Sue requested to see the field notes for the wetland delineation includes the three-parameter approach of soils, vegetation and hydrology.  Along with a copy of the comprehensive vegetation list (by Latin name) and the wetland status of the vegetation.  Dennis asked if the intent of the access road is for future development.  Mr. Humble explained that he was directed to leave it, in the future the zone may change and the parcel can be further developed.   Dennis said the common land should to be in a land trust.  Mr. Humble confirmed that lot 1 is within 1,000 feet of the common space.  Sue asked for the contours in the open space and if the remaining land would need a lot number.  The contours are listed on page 5 of the submitted material. The remaining land goes with the homestead lot.  
·       Wanda moved to schedule a site walk for April 4th at 6 pm.  Seconded by Sue, the motion passed with a 4 – 0 vote.

TruChoice Federal Credit Union has submitted an application for a Branch Federal Credit Union to be located on the northeast side of the intersections of Route 202 & 22; Tax Map 8, Lot 43.
Chris DiMatteo from Sebago Technics presented the updated plan with the lighting features and the storm water plan.   
Mary Turgeon of Gawron Turgeon Architects introduced the proposed building design.  The building will be 2,700 sq ft, single story on a slab.  The siding will be a pale yellow stucco product called dryvet finish system.  The tower area will be used as a two-story conference room.
Chris DiMatteo continued, stating that the proposed lighting flow will be down casting and will not spill over on the abutter property and will be incompliance with the ordinance.  The storm water is proposed to go toward the natural swale.  Since the impervious area is less than one acre, DEP approval will not be required.  An 18” culvert will be used to guide the runoff into a natural ditch and into a wetland pond.  Sue asked why the parking lot drainage would be designed to run into a natural wetland area. It’s the Boards job to protect the wetland areas. Mr. DiMatteo said they have the ability and the parameters to contain it before it goes into the headwaters of the Stroudwater.  A Casco Bay trap could be used to catch the oils, salt, grease and trash before going into the natural wetland areas.  There will be a drainage easement drawn up in order for the runoff to continue on to the abutting property, this will be shown on the new plan.  Mr. DiMatteo said there would be a scoping meeting scheduled for April 12th, with the Maine Department of Transportation.  There were no questions on the landscape plan.  
·       Sue moved to schedule a site walk for April 5th at 6 pm.  Seconded by Wanda, the motion passed with a 4 – 0 vote.
Mr. DiMatteo will have the building area staked out for the site walk.  Sue requested a copy of the wetland delineation field notes.

Maynard Graffam, assistant pastor of Living Waters Christian Church is requesting to be re-zoned from rural to commercial; Tax Map 1, Lot 169-1. Mr. Graffam inquired into re-zoning a portion of the church’s property in order to split the land for future growth and to increase the value to their property for future sale.  Sue asked Larry Miller, acting Chairman of the Comprehensive Plan Committee to speak.  Mr. Miller stated that the village zone was proposed for this area.  The comp plan was approved by the Town voters but not by the State.  The Board will not support a one-lot zone change.  Sue suggested starting a petition and collecting signatures to re-zone an area along Long Plains Road that is consistent with the long-term plan of the community, and then the vote will go before the Town.

Ricky Bodman of 120 Line Road has submitted an application to amend Pine Ridge Subdivision, previously approved January 1992; Tax Map 2, Lot 32-12.  
Rick Bodman said the Road Commissioner has been out to look at the proposed driveway entrance and the Fire Chief will determine if an additional fire protection water supply is needed.  A letter from both has been submitted.  Silt fence has been added to the map along with a note for the erosion.  
Questions from the Board:  Wanda asked for a copy of the complete existing subdivision to be on the plan.  Fred said a copy of the original plan is not needed if it is referenced on the new plan.  Sue thought the Board usually requires a copy of the original approved plan.  Ernest Bodman (land owner) said the association by-laws require approval from 70% of the of the association members in order to split the lot.  The Board is requesting a copy of the original plan and a copy of the by-laws along with a Mylar for the final plan.
·       Sue moved to schedule a site walk for Tuesday, April 11th at 6 pm.  Seconded by Dennis, the motion passed with a 4 – 0 vote.

Paul J. Norman representing Watt Samaki Temple Inc. has submitted an application for a conditional Use permit for a religious establishment to be located at 128 Back Nippen Road; Tax Map 4, Lot 43.   The facility is primarily housing for the monks and small gatherings.  Large gatherings are held at Sacamore in Portland.
Questions from the Board:  Wanda said the parking area would not be acceptable and asked for the dimensions of the assembly area to be listed on the plan.  Dennis questioned the number of people expected to attend a service.   Mr. Norman said thirty people at the most.  The building sits on an 8.6-acre parcel.  Dennis suggested that Mr. Norman contact the Fire Chief.  Sue asked that they redesign the parking area.  Wanda asked them to re-label the garage storage area.
·       Wanda moved to schedule a site walk for Tuesday, April 25th at 6 pm.  Seconded by Sue, the motion passed with a 4 – 0 vote.

CEO Report:  none

Approval of Minutes:  hold until the attending members are available to approve.

Approval of Bills: none
        Maine Townsman – February & March issues
        Letter from SMRPC
Other Business:  
        *No ordinance changes for this year.
*Budget request is being disputed.

·       Motioned by Wanda, Seconded by Dennis to send the submission for the Town report with Sues amended.  The motion passed with a 4 – 0 vote.
·       Dennis moved, seconded by Sue, to adjourn at 10:10 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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