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Town Seal
 
Planning Board Minutes 05/08/2006
Planning Board Members Present:  Keith Emery, Dennis Santolucito, Cullen Ryan, Sue Schaller and Barbara Elwell.

Planning Board Members Absent: Chris Baldinelli and Wanda Emery

Others Present: Fred Farnham, Ricky and Ernest Bodman, Cindy Santolucito, Dana Sturtevant, Phil & Jane Cummings, Chris DiMatteo Ken & Ben Acker, Danielle Betts, Mike Kelley, Jack Hanna, Norm & Stephanie Russell, Laurie Humble, Lisa Rowley, Connie Nadeau, Gregory Berry, Jim Haines, Norm, Bunrith Pok, Pican Sen, Phan Sao, Brenda Tubby Chandles, Lawrence A. Miller, Peter & Ilse Burns, Rusty Ca, Lill & Clif St. Cyr, Matt Petersen, Dick Hamilton, Sreymon Pov, In So, Sar Nge, Samith Im, Chanlhy Hing, Rng Poo, Soy pau, Sita, Chandy Vann, Maxx Rahn, Bak Him and others.                                              

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

Public Hearing:  Norman & Stephanie Russell have submitted the final plan for a
10-lot cluster subdivision located off Mary Jane Road; Tax Map 1, Lot 174.
·       Motioned by Dennis, seconded by Cullen to open the public hearing, the motion passed with a 5 – 0 vote.
Mr. Humble of Tooth and Associates, representing Norman & Stephanie Russell, updated the Board and the public with the proposal.  The Road Commissioner suggested ditching along Mary Jane Road from the outlet of the proposed Russell Drive to the next culvert.  The Fire Chief’s comments include two 5,000-gallon underground storage tanks at the beginning of Russell Drive and construction of a dirt road across common land to access the CMP pole line in the event of a forest fire.  
Questions from the Board:  Sue read through the list from SMRPC.  The request for the wetland identification was submitted. Fred confirmed the soil evaluation reports are sufficient, they are on a different form, but consist with the same infromation.  The final plans will be stamped and signed by a professional engineer.  The open space will be managed and maintained by the homeowners as listed in the covenant.  A letter from Inland Fisheries and Wildlife and The Maine Historic Preservation will need to be submitted.  The Fire Chief will need to approve the plan for the storage tanks.  The financial support has not been submitted, this is to prove the road construction can be completed to Town standards.  It is understood that the applicant will have to halt construction and complete the road in accordance with Section 13.5 rather than submit a performance guarantee.    Cullen has found the answers are complete and the covenant is straight forward.  Fred questioned the acreage of the parcel on the left side of the common land and the cluster lots are undetermined.  It is considered remaining land and goes with the homestead.  The applicant has proposed 10 lots out of a possible fifteen.  The homestead lot can be subdivided into two lots and the remaining land can be split into 3 more lots.  Having no comments from any abutters or the general public Sue motioned to close the public hearing, seconded by Dennis.  The motion passed with a 5 – 0 vote.                                                                                       
Conditions:
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 Fire Chief with in 72 hours before the fire tank is approved.
4.      All outstanding bills paid before building permit is issued.
5.      Contingent on a letter from the Maine Historic Preservation stating the site does  
      not contain any historic resources of concern or interest.
6.      Contingent on a letter from the Inland Fisheries and Wildlife stating the site is not known to contain valuable habitat or species of concern.
7.      Applicant must provide signage required by the Road Commissioner.
8.      The Homeowners covenant must be recorded with the registry of deeds.
·       Motioned by Dennis, seconded by Cullen, that based on previous discussions to find the applicant in compliance with all applicable provisions of Articles 13, the motion passed with a 5 – 0 vote.
·       Motioned by Sue, seconded by Dennis, to approve the application with the conditions stated this evening and from previous meetings, the motion passed with a 5 – 0 vote.

Public Hearing:  TruChoice Federal Credit Union final plans for a Branch Federal Credit Union to be located at the intersections of Route 202 & 22; Tax Map 8, Lot 43.
·       Motioned by Sue, seconded by Cullen, to open the public hearing, the motion passed with a 5 – 0 vote.
Chris DiMatteo of Sebago Technics discusses the SMRPC’s review of the site.   Article 8.2.B.8 references the water capacity for fire suspension, included a letter from Hillock Well Drilling and an email letter from Chief Grinnell indicating there are no concerns with the site.  Section 10.7.A.5 off street parking, Mr. DiMatteo interpreted, if they provide the 15-foot landscaped buffer it would allow parking in the setback, comparable to Sanford Institute for Savings and Rite Aid.  Section 10.7.C.2a included a memo from John Murphy stating that the queuing capacity is 10 and this side would not generate more than 9 vehicles and would not cause an issue in the travel lanes.  Section 10.7.C.3.a, Mr. DiMatteo considered this to be from collector lanes in large scale parking lots.  This lot will not be handling any large number of vehicles.  In Section 10.7.F Mr. Di Matteo proposed thirteen more 2.5 ‘ caliper trees are proposed than what is required.  Section 10.7.15 a letter requesting historic or archeological review of the parcel has been sent to Maine Historic Preservation with no response as of yet.  Section 10.7.16 refers to outside lighting; the lighting will be determined by the requirements from MDOT and the Town ordinance.  Article 8.4 a cost estimate has been provided, a performance bond will be submitted for the amount of $272,454.00.  Danielle Betts, civil engineer for Sebago Technics, stated that the storm water and erosion control was submitted to the York County Soil and Water Conservation District as recommended by Donna Tippett of SMRPC.  In response to the Maine Department of Environmental Protection review the following changes have been made; a stormwater permit by rule, a temporary wetland impact for the forest main on the north side of the project.  The plan has been revised to remove the riprap and include a plunge pool located adjacent to the wetland.    A revised plan has been submitted to MDEP they are currently waiting for approval.  The Maine Department of Transportation approved the entrance onto route 202 and the accident data for the surrounding intersections is still being reviewed. Miscellaneous comments on the internal site design include signage locations, adding a note to remove the existing culvert in the Route 22 ROW, and entrance lighting per MDOT standards.   Danielle Betts, Civil Engineer for Sebago Technics proposed the current plan for stormwater run off.
Abutter comments: Jim Haynes co-owner of the record owner of the property, has been working with the Credit Union on the drainage easement, lighting and parking concerns.
·       Motioned by Cullen, seconded by Sue to close the public hearing, the motion passed with a 5 – 0 vote.
Conditions of Approval:
Conditions of approval for Conditional Use permit:      
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 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.      Contingent upon Maine DEP approval with tier-one application.
6.      Contingent on MDEP approval on erosion and sedimentation control plan.
7.      Contingent on a letter from SPHO there are no known historic resources of interest or concern on the property.
8.      Contingent upon a lighting with the abutter (Map 8, Lot 43)
9.      Contingent upon the traffic movement permit.
10.     Contingent upon acceptance of a performance guarantee by the Planning Board.
·       Motioned by Cullen, seconded by Sue, that based on previous discussions to find the applicant in compliance with all applicable provisions of Articles 8.2.B and Sections 10 and 11, the motion passed with a 5 – 0 vote.
·       Motioned by Cullen, seconded by Dennis, to approve the application with the conditions stated this evening and from previous meetings, the motion passed with a 5 – 0 vote.
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.
·       Motioned by Sue, seconded by Dennis to open the public hearing, the motion passed with a 5 – 0 vote.
Mr. Bodman proposed to split off a 2.87-acre building lot from the existing Lot 32-12.   Question from the Board:  There were no issues from the April 11th site walk.  
Question from abutters:  Abutter Rusty Carver of 67 Line Road in Gorham was at the meeting but did not want to discuss.
·       Barbara moved to close the public hearing for Ricky Bodman Pine Ridge Subdivision.  Seconded by Sue, the motion passed with a 5 – 0 vote.  
Conditions:
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.      All outstanding bills paid before building permit is issued.

·       Motioned by Dennis, seconded by Sue, that based on previous discussions to find the applicant in compliance with all applicable provisions of Articles 13, the motion passed with a 5 – 0 vote.

·       Motioned by Sue, seconded by Barbara, to approve the subdivision with the conditions stated this evening and from previous meetings, the motion passed with a 5 – 0 vote.

Dr. Owen Pickus is requesting a conditional use permit to change the use to a medical office building located at 27 Portland Road; Tax map 9, Lot 34-1.
Keith provided an update from the site walk performed earlier this evening, stating he did not see any problems with the extension of the parking area or the changes to the interior of the building.  
·       Sue moved to set a public hearing May 22nd.  Seconded by Dennis, the motion passed with a 5-0 vote.  

Paul J. Norman representing Watt Samaki Temple Inc. discussion of the site walk held on April 25th, for a Conditional Use permit for a religious establishment located at 128 Back Nippen Road; Tax Map 4, Lot 43.
Paul Norman addressed the issues from the site walk, starting with the parking.  He includes the pictures indicating the drainage issue, showing old tires and junk in the runoff area.  Sue explained that the wet area has plants that grow in wetland areas.  Mr. Norman said the satellite picture shows the wetland has been there for years. His intentions are to clean out the old tires and concrete and re-establish the area.   Barbara suggested adding parking to the back of the garage.  Sue stated the area indicates is not man made due to the trees.  The town has repaired the culvert allowing the water to flow and not buildup.  The neighbor across the street no longer has a water issue on his property since the culvert was fixed.  
The Board suggests having the property delineated along with a scaled parking plan and a letter from the neighbor who is allowing vehicles to park on their property.  
Fred suggested going back to the original plan before the culvert was replaced and drawing in the parking spaces and showing the runoff area, etc.

Dolores & George White submitted an application to amend Tall Pines Acres Subdivision, previously approved June 1974, Tax Map 4, Lot 44-24.  
Dick Hamilton of Boundary Engineering Survey Technology is representing Mr. & Mrs. White regarding the lot split.  A site walk was conducted on May 1st, the Board had no issues with the site or the plan.  
·       Barbara motioned to schedule a public hearing on May 22 for Dolores & George White, seconded by Sue, the motion passed with a 5 – 0 vote.

CEO Report:  none

Approval of Minutes:  

Approval of Bills: Sue moved to pay Portland Press Herald in the amount of $17.00 for legal fees for M.C. Faulkner & Sons.  Seconded by Dennis, the motion passed with a 5 – 0 vote.

Communications:  
        Letter from Lincoln Institute of Land Policy.
Letter from SMRPC offering  support in reviewing development plans.
April Maine Townsman.
Other Business:
        Colpitts/Joffee subdivision – A Letter was received from William Thompson of BH2M, asking for an interpretation of the cluster ordinance to allow all the building lots on one parcel and all the open space on the other side of Webster Road.  The
Board agreed to have the attorney’s interpretation of the ordinance.
·       Dennis moved and seconded by Sue to adjourn at 10:09 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
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm