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Town Seal
 
Planning Board Minutes 09/11/2006
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, Chester and Joanne Emerson, Peter Hedrich, Wayne & Martha Lopez, Mary Gamage – Hannaford, Donald Pederzini, Philip & Connie Thompson, Jr., Robert Lowell, Bob Libby, Suzanne Lukas, Karen Connary, Helen Vadnais, Joseph Iaconeta, Jr., Lawrence Miller, Stephen Joffe, William Thompson, Cliff Emery, Jean Harmon, Ann Archino Howe and Cindy Hazelton.

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 presented the new plan indicating the survey has been completed, but a discrepancy was noticed with the lot size.
 The engineer’s determination on whether a culvert is needed in the wetland area.  
Questions from the Board:  Wanda said it is not clear where the required 200 feet of road frontage for the original lot is on the plan.  Fred Farnham indicates the road frontage a combined total of 243 feet.  
Question from Abutters: There were no questions from abutter or the public.
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.      All outstanding bills paid before building permit is issued.
·       Motioned by Wanda, to find the applicant in compliance with all applicable provisions of Article 13 seconded by Jere, the motion passed with a 7 – 0 vote.
·       Motioned by Wanda, to approve the application for a subdivision amendment with conditions stated this evening and at previous meetings, seconded by Cullen, the motion passed with a 7 – 0 vote.
·       Motioned by Jere, seconded by David to close the public hearing.  The motion passed with a 7 – 0 vote.

A public hearing for Chester & Joanne Emerson for 39 Emerson’s Way who are requesting a road exemption for a family land division; Tax Map 4, Lot 42D1.
·       Motioned by Jere, seconded by Wanda to open the public hearing.  The motion passed with a 7 – 0 vote.
Mr. Emerson is requesting a paving exemption for the road to a 3 house family subdivision.  Having no Town facilities, Emerson’s Way will remain a private way.  
Wanda reminds Mr. Emerson that the plan and maintenance agreement will need to be registered at York County Registry of Deeds, under the requirements of Article 10.1.A.5.
Having no questions from the Board, the abutters or the public the meeting continued with 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.

·       Motioned by Wanda, to find the applicant in compliance with all applicable provisions of Article 10 to include 10.1A.1 through 10.1A.4, seconded by Cullen, the motion passed with a 7 – 0 vote.
·       Motioned by Wanda, to approve the application for a subdivision amendment with conditions stated this evening and at previous meetings, seconded by Cullen, the motion passed with a 7 – 0 vote.
·       Motioned by Wanda, seconded by Jere to close the public hearing.  The motion passed with a 7 – 0 vote.

Public Hearing 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 & Map 6 Lot .
·       Motioned by Wanda, seconded by Cullen to open the public hearing.  The motion passed with a 7 – 0 vote
Mary Gamage gave an overview of project.  Hope to have the peer review available by Friday for the Sustainable Design Studio.
Questions from the Board:  Dennis asked the type of fencing is proposed around the detention pond.  Ms. Gamage stated it would benefit by more attractive fencing so they are proposing a wood split rail style fencing with the chain link fencing on the inside.  This will be shown on the plan.  Would like to schedule a workshop to discuss the signage guidelines and the peer review comments. David has a concern with the size of the proposed sign on the route 202 road. Mary Gamage points out that they have not had the time to complete the review and would not be able to comment.
        Ann Archino Howe from Sustainable Design Studio and in conjunction with Sweet Associates and Wilbur Smith Associates have completed a peer review of the project.  The Stormwater was not reviewed due to the format of the report, still waiting to hear back from Deluca-Hoffman.  The size of the parking spaces and the driving isles does not correspond with the ordinance.  MS. Archino How has requested an explanation for the request of wider spaces.  She has also requested more information on snow storage, lighting and calculations for the dry hydrant fire pond.    
Dave asked if there were any reports indicating the noise issues.  
Questions from Abutters:  Don Pederzini is concerned the runoff from the parking area flooding his property, currently used as a haying field.  
Questions from the General Public:  Lawrence Miller has concerns with the traffic exiting onto Portland Road, turning east.  Suggested solution is to move the entrance closer to Pennell Road.  Mary Gamage said the calculations show that the peek discharge rate is below the existing condition.  
Rob Woodman, civil engineer from Deluca-Hoffman explained the stormwater plan.   Ms. Archino Howe stated the DEP or her firm has not yet reviewed stormwater analysis.  
Peter Hedrick of Gorrill Palmer responded to Larry Miller’s concerns with accessing the Portland Road entrance.   The analysis looks at a 2012 design year during peek times of day specifically addresses the traffic stacking at this entrance.  According to the analysis approximately 80% of the traffic will be turning right out of the driveway with a forecast of   50 cars per hour to turn left.  Mr. Hedrick also explained the proposed improvements to the intersection of Portland Road and Route 202, with the additions of right turn and left turn lanes.
·       Motioned by Cullen, seconded by Jere to schedule a workshop for the Hannaford project for September 25 @ 6 P.M.  The motion passed with a 7 – 0 vote.
·       Motioned by Wanda, seconded by Barbara to continue the public hearing to September 25th.  The motion passed with a 7 – 0 vote.

Discussion of site walk for Stephen Joffe & Julie Colpitts proposed 9-lot subdivision located off Webster Road.  Tax Map 7, Lot 31.
Bill Thompson project manager with BH2M is representing Mr. Joffee.  Would like to be considered for preliminary approval.  A cluster mailbox will be added; the hammerhead has been flipped to the right side.  The Fire Chief will determine the location for the fire tank.  After getting confirmation from the Town’s attorney, the wet unbuildable area in the rear will be deed to an abutter.  Still waiting for the nitrates analysis for the septic design.  
Questions from the Board:  Barbara questions why a cluster subdivision and added that she is against the cluster housing if they have the full acreage is available for that zone.  Other Board members voiced their opinions in favor of cluster.  
Mr. Thompson will bring a complete set of plans along with the nitrates study into the office for SMRPC’s review.  Mr. Joffee asked for a general conscious from the Board as to where they stand on the cluster.  David, Cullen, Jere, Keith and Wanda are in favor of cluster developing.



CEO Report:  Fred enlightens the Board on a cluster subdivision in Falmouth and how valuable open space will be in the future.

Approval of Minutes:  none

Approval of Bills:  Motioned by Jere, seconded by Cullen to pay Portland Press Herald in the amount of $17.00 for the Flewelling legal ad.  The motion passed with a 7 – 0 vote.

Communications:  A Right-of-way workshop scheduled for Wednesday September 21, 2006 @ 6:30 pm in Springvale.

Other Business:  
·       Motioned by Jere, seconded by Cullen to amend the agenda to allow SAD6 to make a presentation for a zone change.  The motion passed with a 7 – 0 vote.
Susan Lucas, Superintendent of SAD6 presented a proposal to purchase property in Buxton (Tax Map that would include a zone change from Rural Zone requiring five (5) acres to the Village Zone requiring a two (2) acres minimum.  Some members are concerned that the request is spot zoning and it did not conform with the Comprehensive Plan.  
·       Jere moved and seconded by David to adjourn at 10:16 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