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Town Seal
 
Planning Board Minutes 08/14/2006
Planning Board Members Present:  Keith Emery, Dennis Santolucito, Cullen Ryan, Wanda Emery, Barbara Elwell, David Anderson and Jeremiah Ross.

Planning Board Members Absent: none

Others Present: Fred Farnham, John Toothaker, Dena Flewelling, Scott & Chest Emerson, Bill Hoffman of DeLuca-Hoffman, Mary Gamage – Hannaford, Randy Porter, Ervin Colbath, Joseph Iaconeta, Jr., Darryl Camire, John May, Evan Mitchell, Don Anderson, Julie Colpitts and Walter Pelkey – BH2M.

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

Public Hearing for Rebecca & Duane Withey of 15 Pine Country Manor, have submitted an application to amend Pine Country Manor Subdivision by dividing their lot to create another house lot; Tax Map 9, Lot 1-10.
·       Motioned by Wanda, seconded by Dennis, to open the public hearing for Rebecca & Duane Withey, the motion passed with a 7 – 0 vote.
John Toothaker represented Mr. & Mrs. Withey. The survey has been completed; still waiting for the engineer’s determination on whether a culvert is needed in the wetland area.  
Questions from the Board:  Wanda requested to have the square footage listed on each lot and indicate the reserve area for test pit.

Question from Abutters: Darryl Camire abuts the proposed property behind, on Old Orchard Road.  Mr. Camire was told nine years ago before purchasing his property that the property could not be split.  He also questioned the frontage for the existing lot on Manor Way; the tax map indicates only 170 feet of road frontage.  Mr. Toothaker will check the frontage with the engineer.  John May, who owns the property to the left side, stated that when he purchased his property he was told the two lots on the end could not be subdivided.  Randy Porter asked if the proposed lot will have the same deed restrictions as the original subdivision and informed the Board about a natural drainage area behind the existing house. If a new roadblocks the drainage, then neighboring basements would flood.  The Board agreed that the following items are required before a decision is made:
1.      Zoning in square footage
2.      Reserve test pit
3.      Road frontage
4.      Survey
5.      Contact Town Council about deed restrictions
·       Motioned by Jere, seconded by Cullen, to continue the public hearing for August 28th, the motion passed with a 7 – 0 vote.

Dena & John Flewelling of 16 Quail Trail are requesting a conditional use permit for an in home daycare; Tax Map 3, Lot 45-19.
Discussion of site walk: Dave felt that the applicant is well prepared with a contained safe play area.  Cullen agreed and added that Ms. Flewelling has agreed to install a removable fence across the driveway along with additional fencing from the corner of the house to the tree line.  The State has given approval to care for up to 12 children with no further requirements, she has not received the certificate yet.  The parking situation was discussed and agreed that if necessary would expand at a later time.
·       Motioned by Dennis, seconded by Cullen, to schedule a public hearing for John and Dena Flewelling on August 28th, the motion passed with a 7 – 0 vote.

Chester & Joanne Emerson of 39 Emerson’s Way have submitted an application for a family division road exemption; Tax Map 4, Lot 42D1.
Mr. Emerson is requesting an exemption from paving the road.  A letter from the Public Works Director only addresses Article 10; it should include Article 12 as well.  The existing driveway is located off the end of the hammerhead, which does not meet the requirements for Article 10.1C.  Mr. Emerson stated that the location of the two central driveways has been widened leaving no room on either end to change it.  Emerson’s Way will remain a private way.  
·       Motioned by Wanda, seconded by Cullen, to schedule a site walk for August 16, 2006, at 7 pm the motion passed with a 7 – 0 vote.

Hannaford Bros. Co. has submitted an application requesting a conditional use permit for a retail complex located at the intersection of Routes 202 and 4A.  The complex will include a 35,685 sq. ft. supermarket/pharmacy store and additional retail out buildings; Tax map 9, Lot 33.
Doug Boyce, Engineer for Hannaford Bros. Co. is proposing an approximately 36,000 square foot grocery and pharmacy retail store to be located on two (2) separate parcels of land, having the buildings on one and the waste water disposal field on the other.  The construction will be in phases, with phase I being the supermarket and pharmacy and phase II being the five (5) out buildings.  Mr. Boyce proposed changes from the sketch plan:
They are requesting to construct 178 parking spaces, which is less than the ordinance requires.  The main entrance/exit is off Portland Road.  The route 202 entrance will be restricted to right turns only when pulling out.  The delivery truck traffic will come in off Portland Road, proceed counter clockwise to the rear of the building to a loading dock and continue back to the Portland Road entrance.  At the rear of the building is a pre- engineered electrical system, standby generator and electrical service transformer stored in a storage trailer body.  There will be multiple thousand gallon LP storage tanks in the back of the building also.  A fire protection storage tank (for sprinkler system) will be installed.  State approve storm water ponds will be created to handle the parking lot runoff.  A row of evergreens will be planted to supplement the under story of the large oak trees along Pennell Road.   A second pond will be developed in Phase II.  Lighting and drainage is also included in the plan.  Peter Hedrick, of Gorrill Palmer is working with MDOT to coordinate the following updates: a right turn lane and left turn lane to enter the site will be added to the Portland Road entrance for the main driveway.  The route 202 side will allow left and right turns into the complex, but the exit will be a right turn only due to the site distance.  MDOT is currently reviewing the traffic study and approval is expected within six to eight weeks.  An additional 250-foot left turn lane will be added to the intersection of route 202 and 4A.
        Mary Gamage gave an overview of the conditional use performance standards.
The Board requested more information on the size of a typical sign for this store and the type of (protection jersey barriers or bollard) for the fuel storage tank area.
·       Peer Review:  Motioned by Cullen, seconded by Jere to send the Hannaford application out for peer review.  The motion passed with a 5 – 2 vote, with Dennis and Barbara opposing.
Wanda will contact outside sources with the proposal for the peer review.  The Board will have a workshop to choose the reviewer.
·       Jere motioned to schedule a workshop to discuss the peer review for the Hannaford application on Monday, August 21, 2006 at 7 pm.  Seconded by Wanda, the motion passed with a 7 – 0 vote
·       Motioned by Dennis, seconded by Wanda, to schedule a site walk for Thursday, August 17, 2006, at 7 pm the motion passed with a 7 – 0 vote.

Stephen Joffe & Julie Colpitts have submitted an application for a 9-lot subdivision located on Webster Road.  Tax Map 2, Lot 31.
Julie Colpitts explained that they have submitted a new application using the smaller parcel of land located on the southeasterly side of Webster Road only. The previous application also included land on the northwest side of Webster Road extending into the Town of Gorham.   Walter Pelken of BH2M, representing Ms. Colpitts, informed the Board that the soil calculations were done on two separate tracks of land.  The nine-lot subdivision will include individual well and septic, underground utilities, a 10,000-gallon underground tank will be located along Webster Road for fire protection.  A separate 20-acre out parcel (Groveville Bog) will be sold to an abutter.  The calculations were figured without the bog area, the area is so poorly drained it has no value to the subdivision.     Ms. Colpitts is requesting a waiver for the nitrates study based on site conditions.  
Questions from the Board:
Jere questioned whether an out sale to an abutter constitutes a lot.  Ms. Colpitts stated that her intentions for selling it to an abutter would be to protect the area.  The Board will check with the Town Council to determine the status of the out sale lot.   Keith requested that the two (2) test pits per lot be shown on the plan.  He also suggested that flip-flopping the hammerhead would make it easier to plow, as well as having no driveways off the hammerhead.  The Town requires an easement for the fire tank along with approval from the Fire Chief for the location of the tank.  Barbara suggested using gang mailboxes vs. individual mailboxes at each driveway.   The Board agrees not to waive the nitrate study.  Wanda asked for the lot calculations to be on the plan.
·       Motioned by Cullen, seconded by Wanda, to schedule a site walk for Tuesday, August 29, 2006, at 6:30 pm the motion passed with a 7 – 0 vote.

Evan Mitchell is requesting to amend note #18 of the subdivision plan of Sheviok Terrace; Tax Map 1, lot 204
Evan Mitchell is requesting to amend the subdivision by removing note #18 (requiring a minimum of 2,000 square foot dwelling and a two-car garage) from the 2 remaining lots.  Without the approval from the owner’s of lot one, the Board cannot amend the deed restrictions.  The Board agreed that Mr. Mitchell should obtain a letter from the owner of lot #1 stating they have no objections to note #18 being amended.   If a letter is not given then the Board will request the Town Councils assistance.
·       Jere moved, seconded by Wanda to waive the remaining agenda to the next meeting (August 28th) and adjourn at 10:25 p.m., a unanimous vote.

Respectfully submitted,

Krystal L. Dyer                         Approval Date:                          

Chairperson: ________________________________ Signature Date: ____________
                                               Keith Emery     



 
Town of Buxton
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