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Town Seal
Planning Board Minutes 10/23/2006
Planning Board Members Present: Keith Emery, Cullen Ryan, Wanda Emery, Jeremiah Ross and David Anderson.

Planning Board Members Absent: Dennis Santolucito and Barbara Elwell

Others Present: Mary Gamage and Doug Boyce – Hannaford, Dan & Olive Collomy, Bill Hoffman and Rob Woodman - Deluca-Hoffman. Judy Farwell, Suzanne Lukas, Carol Weeks, Helen Vachnais, Shawn Cram - SAD6, Jeff Lavimer – Harriman Assoc., Lary Oliva, Dick Vaughn, Joseph Iaconeta, Jr., Jean Harmon, Ann Archino Howe – Sustainable Design Studio, Don Warren, Bob Lowell – American Journal, Lawrence Miller, Harry & Kelly Weymouth, Stephen Joffe, William Thompson – BH2M, Don Pederzini and other non-legible signatures.

Chairman Keith Emery called the meeting to order at 7:33 p.m.

Public Hearing continued for Hannaford Bros. Co. who is requesting a conditional use permit for a retail complex located at the intersection of Routes 202 and Portland Road.  The complex includes a 35,685 sq. ft. supermarket/pharmacy store and additional retail out buildings; Tax Map 9, Lot 33 and Map 5 Lot 47B-1.
Mary Gamage, along with Doug Boyce of Hannaford Bros. and Bill Hoffman and Rob Woodman of Deluca-Hoffman were there to present and answer questions. Deluca-Hoffman and Sustainable Design have been reviewing the peer review comments.  They are still reviewing storm water and waste water issues.  Mary requested direction from the Planning Board on issues that Ann Archino-Howe listed on pages 11 & 12 of her review comments.   

Doug Boyce provided the Board with an overview of the noise and lighting plan along with a proposal for 5 underground PL fuel storage tanks.  They are still reviewing the property across the street and the sign ordinance.  The plan has been revised around the stormwater pond.  Mr. Boyce gave details on the landscaping plan.  The final plan will include all changes.  Mr. Boyce adds that a professional acoustical consultant provided a study in the October 2nd packets that indicates the emergence generator fans that run 24 hour a day, 7 days a week will not be offensive to the abutting neighbors.  This report does not represent the out buildings.  They may be required to purchase extra acoustical insulation to meet the Town’s standards.
1. Underground fuel tank – The reason for underground is visual and maintenance.
2.      Buffering to residential abutters - A berme and trees are proposed along Pennell Road.  Still working with abutter on Portland Road.
District ordinances:
1.      Section 10.6 - The Board would like to have the peer reviewers’ comments on noise.
2.      Section 10.7A – The ordinance requires no larger than 24’ entrance.  Most delivery trucks will be using the entrance at a very early hour, before the store is open.  The extra wide entrance on Portland Road is to accommodate the turning trucks.  The majority of the Board agreed with the plan.
3.      Section  10.7.B.6 – One loading dock is acceptable to the Board.
4.      Section 10.7.C – The Board agreed that raised islands are not needed in the parking lot.
5.      Section 10.7.C.3 -  Major travel lanes, width of isles and larger parking spaces (Hannaford is requesting to hold off on building the required number of spaces until needed).   The Ordinance does not allow parking spaces (backing) in major travel lanes.  Possibly designate as employees parking area.  The Board agreed to the larger parking spaces and wider isles.  Phase II parking will be a condition of approval.  The public way for Phase I is the horizontal driving area.
6.      Section 10.7.D – Requesting a deferment in allowing the applicant to build less than the required number of parking spaces in phase I and phase II.
7.      Section 10.7 The Board agreed that the applicant would not be responsible for improvements to Brewster Road and Old Orchard.
8.      Section 10.9 The Board will require the applicant and any other tenets of phase II to submit a copy of the contract from the waste removal company of their choice.
Mr. Hoffman stated that they would submit a single submission of the plan once all changes are complete.  The fire pond is still being reviewed.  Wanda requested one (1) complete submission for the Code Enforcement office files.  

Abutter comments:
Don Pederzini is concerned with the stormwater runoff flooding his property on the other side of Portland Road.  Bill Hoffman addressed Mr. Pederzini’s concerns by explaining the direction of the stormwater and stating that this was still under review and would be discussed at a later meeting.   
Public comments:
Lawrence Miller informed the Board that the section of the ordinance that pertains to the entrance, states it cannot exceed 26 feet and would require an ordinance change and a Town voted.  Mr. Miller is also concerned with phase II of the project, the uses and how they will affect following:  noise, lighting, signage, storage and transportation of hazardous materials, water supply, waste disposal, stormwater run off, parking design and fire pond or tank needs.  Mr. Miller suggested approving phase I only.   
The public hearing was continued to November 13th, 2006.

Proposed zone change from Rural to Village Zone.  (Map 3; Lot 88 and Map 17, Lots 10, 11, 12, 13, 14 and 17)
Motioned by Wanda, seconded by Jere to open the public hearing, the motion passed with a 5 – 0 vote.
Suzanne Lucas, Superintendent of SAD6, informed the public of their plan to construct a new elementary school in Buxton.  In order to build the school they need over 20 acres of land.  The plan is to purchase land from abutters, which is currently zoned Rural.   If the zone is reduced to a two (2) acre zone the school is able to purchase more of the abutters land.  SAD6 does not want to disturb the newly renovated playing fields.  
Abutter comments:  Harry Weymouth is concerned that if the State funding for the school does not go through, that the zone will remain Village and be a target for future development.  Keith explained that if passed, the zone will remain that zone until it is voted on and changed again.  
Public comments:  Lawrence Miller stated this change was not in conformance with the comprehensive plan.  The comprehensive plan update has no standings; it was found inconsistent by State standards and it does not supersede the Zoning Ordinance at this point.  Mr. Miller views the current proposal as not trying to redesign growth areas, but a compliance issue.  Personally, he does not find the proposal in conflict with the comprehensive plan in concept.
Board member comments:  Keith felt the proposal is against the Comprehensive Plan and feels it will benefit one landowner.  He is not in favor of the zone change.  Wanda said in concept the idea is reasonable, but is in conflict with the Comprehensive Plan and she cannot support the change.  Jere, Dave, and Cullen support the change, but are concerned with the process for the change and the time frame at which it was presented to the Board.   Cullen was also concerned with the historic buildings on the abutting property and would not like to see the historic value of Buxton Center be taken down.
·       Motioned by Dave, seconded by Wanda to close the public hearing, the motion passed with a 5 – 0 vote.  

Public Hearing: for Stephen Joffe & Julie Colpitts proposed 9-lot cluster subdivision located off Webster Road.  Tax Map 7, Lot 31.
·       Motioned by Jere, seconded by Cullen to open the public hearing, the motion passed with a 5 – 0 vote
William Thompson of BH2M, represented the applicant and presented the updated plan showing the following changes:
1.      Labeled the primary and reserve subsurface disposal area,
2.      Added a note of the rear of lots 8 & 9 to protect the forested wetlands.  
3.      Note 17 was amended to not allow any driveway access onto Church Hill or Webster Roads.  
4.      Note 19 was amended to include the nitrate study requirements should a homeowner wish to construct more than a 3-bedroom home.   
5.      Note 20 added to define the limits of activity in the 50-foot buffers along Webster and Church Hill Roads.
6.      Note 22 added to protect wetlands.
7.      Note 23 added to identify the existence of gravel mining and grass airstrip in the area.
On sheet 4 changed the fire tank detail to specify all piping above grade shall be steel not P.V.C. and the submission fee has been paid.
Purchase of out sale is contingent upon approval of this application.  The proposed Homeowners Association seems to be a standard document and includes a notation protecting the open space.    
Stephen Joffee stated he would set up an irrevocable letter of credit with the bank that will need to be approved by the Towns attorney.
CEO comments:  After reviewing the cost estimate worksheet, Fred noticed items 10 & 11 indicated a gravel estimate for the road and sidewalks.  There will not be any sidewalks, this will be corrected and the new estimate will have shoulders.  Fred also confirmed that at a previous meeting, a community mailbox would be used, he suggests including it in the bond.  The Board recommended confirming the type of mailbox with the post office.  The bond should also include the any major improvements (i.e. fire tank, road, etc.)

Fred questioned whether the road would be completed in phases, base coat in phase I, at 95% completion surface coat as phase II, so the Town gets a new road not an abused road.  
Section 13.4.F complete road in 1 year after 50% complete - make a condition
No street light, but will need street signs – stop, no parking (with fire tank), dead end and road name signs.
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.      Notify Fire Chief with in 72 hours before the fire tank is approved.
4.      All outstanding bills paid before building permit is issued.
5.      Irrevocable letter of credit from bank
6.      Location of Post office gang box required
7.      Upon the construction of the 5th lot the base coat will be applied.  Upon the construction of the 8th lot the finish coat will be applied with in six of a letter from the Code Enforcement Officer.
8.      Should any home proposing more than 3 bedrooms a new hydrogeologic study needs to be updated for that lot.

·       Motioned by Wanda, to find the applicant in compliance with all applicable provisions of Article 13, seconded by Cullen, the motion passed with a 5 – 0 vote.
·       Motioned by Wanda, to approve the application as presented with all conditions stated this evening and at previous meetings, seconded by Cullen, the motion passed with a 5 – 0 vote.
·       Motioned by Wanda, seconded by Cullen, to close the public hearing at 10.05 pm.  The motion passed with a 5 – 0 vote.

CEO Report:  Discussion of the Buddest Temple application. – The previous presenter is no longer with the temple; they have a new presenter who is collecting information.  Jere added that they couldn’t conduct services without approval from the planning Board.  Fred said they should be at the November 13th meeting.

Approval of Minutes:  September 25, 2006
Motioned by Cullen, seconded by Dennis to accept the minutes of August 14, 2006 as written.  The motion passed with a 4 – 1 vote with Wanda abstaining.

Approval of Bills:  
·       Motioned by Dave, seconded by Cullen to pay Portland Press Herald $18.70 for the MacLeod legal ad.  The motion passed with a 5 – 0 vote.
·       Motioned by Wanda, seconded by Jere to pay Sustainable Design Studio $6,487.50 out of the escrow account Hannaford set up through the Treasures office.  The motion passed with a 5 – 0 vote.

Smart Zoning Practices
Boardsmanship Workshop
Shoreland Zoning Workshop

Other Business:  Review findings for Dena Flewelling and Chester Emerson at the next meeting.
·       Jere moved and seconded by Dave to adjourn at 10:15 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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