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Town Seal
 
Planning Board Minutes 08/28/2006
Planning Board Members Present:  Keith Emery, Dennis Santolucito, Cullen Ryan, Wanda Emery, David Anderson and Jeremiah Ross.

Planning Board Members Absent: Barbara Elwell

Others Present: Fred Farnham, John Toothaker, Dena Flewelling, Scott & Chester Emerson, Bill Hoffman of DeLuca-Hoffman, Mary Gamage – Hannaford, Randy Porter, Philip Thompson, Jr.,

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

Continue Public Hearing for Rebecca & Duane Withey of 15 Manor way to amend Pine Country Manor Subdivision by dividing their lot to create another house lot; Tax Map 9, Lot 1-10.
John Toothaker, representing Mr. & Mrs. Withey submitted an updated plan on Friday, but did not get it in on time so will be available for the next meeting.   The following modifications have been made to the plan: the right-of-way showing the proper road frontage for both lots, the second test pit has been added and the covenance on the deeds  The engineer’s determination on the wetland area will be ready for the next meeting.  Mr. Toothaker requests to extent the public hearing to the next meeting.  
Questions from the Board:  Wanda requested to show the reserve area on the plan and #7 needs correcting.  have the square footage listed on each lot and stamped plans.  Cullen asked that the date be corrected on the current plan.
Question from Abutters:  Randy Porter asks that the proposed lot having the same deed restrictions as the original subdivision lots.  
The Board is requiring the following information before the next meeting zoning in square footage listed on each individual lot, reserve test pit and road frontage on both lots.
·       Motioned by Cullen, seconded by Dennis, to continue the public hearing for September 11, the motion passed with a 6 – 0 vote.

Public Hearing for Dena & John Flewelling of 16 Quail Trail who are requesting a conditional use permit for an in home daycare; Tax Map 3, Lot 45-19.
·       Motioned by Dennis, seconded by Cullen to open the public hearing for the
Flewelling application at 7:48 pm.  The motion passed with a 6 – 0 vote.
Dena Flewelling informs the public she is proposing to open an in home day care.  The State has certified her to care to up to 12 school age children.  
Having no questions from the Board members, the abutters or the public the Board proceeds to conditions of approval.
·       Motioned by Jere, seconded by Wanda to wave the reading of Articles 8.2.B, 10 and Section 11.  The motion passed with a 6 – 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 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.      Should parking become an issue, more spaces will be developed.
6.      Limit of 12 school age kids as establish by the State.

·       Motioned by Cullen, seconded by Jere find the applicant in compliance with all applicable provision of Articles 8.2.B, 10 and Section 11.  The motion passed with a 6 – 0 vote.

·       Motioned by Cullen, seconded by David to accept the application for the Flewelling Day Care.  The motion passed with a 6 – 0 vote.

·       Motioned by Jere, seconded by Cullen to close the public hearing.  The motion passed with a 6 – 0 vote

Discussion of site walk for Chester & Joanne Emerson for 39 Emerson’s Way for a family division road exemption; Tax Map 4, Lot 42D1.
Mr. Emerson is requesting a paving  exemption for the road.  
Discussion of site walk:   Wanda said the road was in good shape with a good grade and up to standards.  Road Commissioner submitted a letter giving his approval also.
·       Motioned by Jere, seconded by Wanda, to schedule a Public hearing for September 11, 2006, the motion passed with a 6 – 0 vote.

Discussion of site walk for 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.
On Monday, the Board met to open and chose a peer review person for the Hannaford application.  The peer review was awarded to Sustainable Design Studio.
Doug Boyce from Hannaford fields the Boards questions.  
Questions from the Board:  Wanda said they walked around the lot on the Pennell Road side and around to see the location of the entrances.  They also walked by the wet area and the detention pond areas were pointed out.  They walked across the street to the leach field location and then back to the building location and the traffic flow area. Wanda mentioned the lot looked good proposed screening for the under story would be needed on Pennell Road.  Dennis asked what type of fencing would be around the detention pond.  Mr. Boyce said they would look into decorative split rail fencing similar to what is at the Waterboro location.  Dave questions the headlight effect on Portland Road and the size of the proposed sign compared to other stores.  Cullen questions the number and location of the wells.  Mr. Boyce pointed to the one water supply well and the location of monitoring wells around the perimeter of the property.  Mr. Boyce hands out sign information and discusses the proposed signs to the ordinance requirements or section 10.11.C.  An ordinance amendment may be needed.  Mr. Boyce also submitted an errata sheet correcting errors that were previously found.  
An escrow account will be set up with the Town’s Treasurer.
·       Motioned by Cullen, seconded by Dennis, to schedule a Public hearing for September 11, 2006, the motion passed with a 6 – 0 vote.

Evan Mitchell is requesting to amend note #18 of the subdivision plan of Sheviok Terrace; Tax Map 1, lot 204.  The abutter has not responded.  The Board will wait to hear back from  Mr. Mitchell.

CEO Report: none

Approval of Minutes: June 26, 2006 - Motioned by Cullen, Seconded by Dennis to approve the minutes of June 26, 2006 as amended.  The motion passed with a 5 – 0 –1 with  Jere abstaining.

Approval of Bills:  Dave motioned to pay Portland Press Herald in the amount of $42.50 for the Withey legal ad.  Seconded by Cullen, the motion passed with a 6 – 0 vote.  

Communications:
        Maine Townsman – June & July
        Updated Budget info.
        Informed that Standish and Scarborough have submitted comp plans.
        MDEP – to transform unused property into assets.
The Board members are requesting information on Planning Board workshops given by Maine Municipal Association.
        
Other Business:  
a.      Discuss and re-sign plan for Delores & George White amended subdivision plan – one line was incorrect, the Board will sign the plan at the end of the meeting.
b.      Mark Floor is requesting the release of funds for the completion of Henderson Drive –Fred Farnham confirms the last three items are complete.  
·       Jere moved to release the remaining balance of the escrow in the account for Henderson Drive, seconded by Dennis.  The motion passed with a

Motioned by Dennis, seconded by Cullen to adjourn at 8:55 pm, 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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