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Town Seal
 
Planning Board Minutes 11/20/2006
Town of Buxton Planning Board
Workshop Minutes of November 20, 2006

Planning Board Members Present:  Keith Emery, Dennis Santolucito, Cullen Ryan, David Anderson, Jeremiah Ross, Barbara Elwell and Wanda Emery.

Planning Board Members Absent:  none

Others Present: Fred Farnham, Mary Gamage and Doug Boyce – Hannaford, Will Hoffman – Deluca-Hoffman and Ann Archino Howe of Sustainable Design Studio.

The workshop opened at 7:00 p.m. to discuss the following conditions for the proposed Hannaford grocery/pharmacy:

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.   Hannaford Bros. Co. shall secure all necessary State and Federal Permits to construct and
operate the project prior to construction commencement and shall comply with the conditions of these permits.  The Maine Department of Transportation Traffic Movement Permit, the MeDEP Site Location of Development and Natural Resource Protection Act Permits, and the State of Maine Department of Human Services Bureau of Health Engineering Permit shall be provided to the Buxton Code Enforcement Officer (“CEO”) and Planning Board Secretary prior to applying for a Building Permit.

6. The CEO shall be notified of changes as a result of MDOT approval of the Roadway   
Improvement Design Plans. Changes required by MDOT may be authorized by the CEO, so long as the plan revisions are determined by the CEO to be de minimis.  Any other changes would require review and approval of the Planning Board.

7. Hannaford Bros. Co. shall be responsible for service and maintenance of the multi-user sewer  
    system.

8. Hannaford Bros. Co. shall be responsible for service and maintenance of the water system,  
    including any storage and fire protection systems that rely upon the well water for makeup   
    water.

9.  Hannaford Bros. Co. shall be responsible for the service and maintenance of all stormwater
     infrastructure.

10. Hannaford Bros. Co. shall provide the CEO with testing results from the wastewater
      pretreatment system for a period of six months after the system commences operation.  The  
test results shall include daily flow (based upon water meter records) BOD5, TSS, Total Nitrogen, Nitrite, Ammonia Nitrate, COD, and Fecal Coliform.  Wastewater samples shall be monthly 24 hour composite samples taken of the influent between the septic tanks and the pre-treatment and near the effluent pump station downstream of the disinfection system except grab samples for Fecal Coliform.

11. The site shall not be subdivided without Planning Board approval.

12. The Buxton Fire Chief shall be provided with the fire pond analysis prepared by DeLuca-
     Hoffman Associates, Inc. in order to determine the required depth of the fire pond.

13. Hannaford Bros. Co. shall provide screening in the form of landscaping and/or fencing along
      the frontage of property designated as Tax Map 9, Lot 34-1 to buffer such property from
headlight glare generated by traffic exiting the applicant’s Portland Road driveway.  The   screening shall be agreeable to both Hannaford and to the owner of the Portland Road property identified above, but Hannaford shall not be required to pay more than $5,000.00 for such screening.

14. Parking lot lighting shall be reduced to a minimum amount of security lighting when the
      applicant’s store is closed for business.

15. Building and freestanding signs shall comply with the Buxton Ordinance, as it may exist at
      the time the signage is installed.

16 Hannaford Bros. Co. shall provide a minimum parking ratio of 5.0 spaces per 1,000 square
feet of building area (excluding ancillary structures such as the treatment plant and water supply building) and shall reserve sufficient area to construct an additional 1.67 spaces per 1,000 square feet in the future.  Hannaford and the CEO shall monitor the need to construct these additional parking spaces as shown on the approved site plan.

17. Hannaford Bros. Co. shall grant an easement to the Town for access to the dry hydrant at the
      westerly pond prior to issuance of the certificate of occupancy.

18. The CEO shall not issue a Certificate of Occupancy for any building  until it is demonstrated
      that adequate contracts exist for solid waste disposal.

19. The applicant shall construct the stormwater detention pond, proposed for the east side of the
project, in conjunction with the development of (a) buildings shown as Retail C and D and (b) the adjacent parking and circulation areas.  This pond shall be constructed according to the most recently approved plans and details.

20. The Applicant shall be responsible for construction of the sewer and water infrastructure for
phase 2, as additional buildings are proposed for development.

21.Pertinent Information Pertaining to Phase 2 Development Performance standards:
Individual site plans filed for Phase 2 shall require Planning Board approval.  Applicants for Phase 2 development may rely upon prior approvals for certain technical elements of the Phase 1 approvals if a written statement is provided with the application certifying the project remains within the criteria and thresholds reviewed previously during Phase 1 of the project.  Each site plan for any Phase 2 building shall include any applicable state and federal permit modifications.

A.      Conditional Use Standards
       (Standard in bold phase; Phase 2 Requirements follow)

Condition
8.2.B.1.  The proposed use will not adversely affect the value of adjacent properties.

This standard is deemed to be met if the uses shown on Phase 2 plans previously reviewed by the Planning Board are office or retail uses in the general arrangement shown on the previous application and do not exceed the aggregate size for these uses.

Condition
8.2.B.2.  Access to the site from existing and proposed roads is safe and adequate.  The proposed use will not cause or aggravate undue traffic congestion.

The Phase 2 Applicant shall submit to the Town a trip generation summary that confirms compliance with the cumulative trip generation approved previously:
·       The cumulative trip generation for the project does not exceed 217 trips in the AM Peak Hour; 780 trips in the PM Peak Hour; and 902 trips in the Saturday Peak Hour.
·       The project is constructed by 2012.

Condition
8.2.B.3.  Any proposed development is in conformance with all flood hazard protection regulations as outlined in Article 14.

This project has been determined to be outside of the 100 year flood plan.  No new information is required for Phase 2.

Condition
8.2.B.4.  Adequate provision for the disposal of all waste water and solid waste has been made.

The Phase 2 applicant shall submit to the Town a cumulative wastewater flow summary including the existing buildings at the time of the application to meet the following requirements
·       The total wastewater flow for the project does not exceed 4,150 gpd;
·       The collection/conveyance conforms with the Phase 2 utility plan provided with the approved Phase 1 plan set; and
·       Phase 2 Applicants requesting this exception for any Phase 2 building shall provide a statement indicating compliance with these two conditions and providing a summary of the wastewater generated by the cumulative project buildings with any new building.  If a change in use from the use shown on the Phase 1 drawings is proposed, an HHE 200 form shall submitted to the CEO and State of Maine Department of Human Services for approval.

Hours of Solid Waste Collection:  All solid waste shall be collected during daytime hours unless a noise study for solid waste collection activities is submitted to the Planning Board for review.

The CEO shall not issue a Certificate of Occupancy for any building  until it is demonstrated that adequate contracts exist for solid waste disposal.

Condition
8.2.B.5.  Adequate provision for the transportation, storage and disposal of any hazardous materials has been made.

The project provides for the use of propane.  Phase 2 site plans shall indicate any changes in the location or type of fuel system for the proposed building.  Any transportation or disposal of other hazardous material must be described in the Phase 2 application.

Condition
8.2.B.6.  A storm water drainage system capable of handling a 25 year storm without adverse impact on adjacent properties has been designed.

Applicants shall provide the Planning Board with information that confirms that the cumulative impacts do not exceed those of the approved plans as follows:
·       The cumulative onsite impervious area drainage to East Pond does not exceed 2.52 acres;
·       The cumulative onsite impervious area drainage to West Pond does not exceed 5.57 acres:
·       The postdevelopment watershed boundaries are not altered; and
·       The conveyance and drainage system is similarly sized to that shown on Drawing 6A of the plan set.

Condition
8.2.B.7.  An erosion and sedimentation control plan has been prepared by a qualified professional source.

Each Phase 2 applicant shall prepare an Erosion and Sedimentation Control Plan and details that conform to the laws and standards then current. The Applicant for any Phase 2 building shall also conform to the previously approved Erosion and Sedimentation Control Plan unless it has been revised by a MeDEP Site Location of Development Permit Modification.

Condition
8.2.B.8.  There is adequate water supply to meet the demands of the proposed use and for fire protection purposes.

The Applicant for a Phase 2 Site Plan shall not be required to provide additional information on water supply provided the water source is the public water supply well shown on the site plan approved during Phase 1 and the cumulative water use for the project does not exceed 4,250 gpd as demonstrated in the submittal for wastewater.

Additional information for fire protection is not required for Phase 2 buildings that use the fire pond constructed during Phase 1 of the project.  

Condition
8.2.B.9.  That all performance standards in this Ordinance, applicable to the proposed use will be met.

See Performance Standards Summary provided below.

B.      Performance Standards (Standard in bold-face; Phase 2 Requirements follow)

Standard
10.1    Access to Lots.

Curb Cuts:  The entrances to Portland Road and Route 202 are the only curb cuts approved by the Planning Board for this project.  Any variation shall require Planning Board and MDOT review and amendments to applicable permits.

Standard
10.2    Dust, Fumes, Vapors, and Gases.

The proposed retail center is not anticipated to create abnormal levels of dust, fumes, vapors, or gases.  The majority of the vehicles entering and exiting the site will be standard passenger vehicles as well as some delivery trucks and other service vehicles.  The anticipated use of each of the proposed buildings will not produce harmful levels of dust, fumes, vapor, and gases.  Erosion Control measures will assist in controlling dust during construction with a specific requirement for the contractor to control fugitive dust emissions.  The Applicant for a Phase 2 building shall describe any potential dust, fumes, vapors, and gases if not conforming to the statement above.

Standard
10.3    Erosion Control.

Each Phase 2 applicant shall prepare an Erosion and Sedimentation Control Plan and details that conform to the laws and standards then current.  The Applicant for any Phase 2 building shall also conform to the previously approved Erosion and Sedimentation Control Plan unless it has been revised by a MeDEP Site Location of Development Permit Modification.

Standard
10.4    Explosive Materials

The proposed retail center will not be storing fuel or other harmful/explosive materials.  A series of propane tanks are proposed for the Hannaford Supermarket and Pharmacy (see utility plan) which will be protected by a fenced enclosure and underground propane tanks for the Phase 2 buildings.  Any variation shall be shown on the Phase 2 building plan when it is submitted.

Standard
10.5    Construction in Flood Hazard Areas

This project has been determined to be outside of the 100 year flood plan.

Standard
10.6    Noise.

Hours of Solid Waste Collection:  All solid waste shall be collected during daytime hours unless a noise study for solid waste collection activities is submitted to the Planning Board for review.

The Planning Board shall determine if a specific noise study is required for a Phase 2 building.

Standard
10.7    Off-Street Parking and Loading.

Loading:  The need for a loading dock for any Phase 2 building shall be reviewed by the Planning Board when a Site Plan building is submitted to the Town prior to issuance of a building permit.

Parking:  The applicant shall provide a minimum parking ratio of 5.0 spaces per 1,000 square feet of building area (excluding ancillary structures such as the treatment plant and water supply building) and shall reserve sufficient area to construct an additional 1.67 spaces per 1,000 square feet in the future.  The Applicant shall monitor the need to construct these additional parking spaces as shown on the approved site plan.

Major Travel Aisles:  The Planning Board may require an additional major travel way if the development of either building C or D differs in anyway from the conceptual Phase 2 plan as approved. Parking layout changes might be required at that time.

Standard
10.8    Preservation of Landscape.

Wetland/Natural Resources:  Phase 2 Site Plans do not require additional information be submitted for wetlands or natural resources on the site provided there is no placement of additional fill in the wetland nor any encroachment with grading or construction activities closer to the resource than shown on the approved Hannaford Site Plans and approved by MeDEP.  The Phase 2 site plans shall certify that there is no additional impact.

Landscape Plans:  The Phase 2 Site Plans shall include information on any changes to the proposed landscaping for the Phase 2 building site that demonstrates compliance with the Town of Buxton Zoning Ordinance.

Standard
10.9    Refuse Disposal.

Hours of Solid Waste Collection:  All solid waste shall be collected during daytime hours unless a noise study for solid waste collection activities is submitted to the Planning Board for review.

The CEO shall not issue a Certificate of Occupancy for any building  until it is demonstrated that adequate contracts exist for solid waste disposal.

Standard
10.10   Setbacks and Screening.

The Phase 2 Site Plans shall include information on any changes to the proposed landscaping for the Phase 2 building site that demonstrates compliance with the Town of Buxton Zoning Ordinance.

Standard
10.11   Signs.

The Phase 2 plans shall identify any building mounted, free standing, or additional signage on previously approved pylon signs and shall be compliant with the Zoning Ordinance in effect at the time of the Site Plan is filed.

Standard
10.12   Soil Suitability.

Soils Information/Geotechnical Data:  Phase 2 plans do not require additional information on soils.

Standard
10.13   Stormwater Management.

Applicants shall provide the Planning Board with information that confirms that the cumulative impacts do not exceed those of the approved plans as follows:

·       The cumulative onsite impervious area drainage to East Pond does not exceed 2.52 acres;
·       The cumulative onsite impervious area drainage to West Pond does not exceed 5.57 acres:
·       The postdevelopment watershed boundaries are not altered; and
·       The conveyance and drainage system is similarly sized to that shown on Drawing 6A of the plan set.


Standard
10.14   Water Quality.

Refer to standards for Stormwater Management, Sewage, and Erosion Control.

Standard
10.15   Archaeological/Historic Sites.

Historic Structure and Archaeological Resources: Phase 2 Site Plans shall not require additional information on historic structures or archaeological resources.

Standard
10.16   Lighting.

Phase 2 Site Plans shall identify any changes to the lighting plan.  The Applicant for a Phase 2 Site Plan shall use light standards compatible and preferably by the same supplier as the Phase 1 lighting.  Lighting in the Phase 2 parking lots shall be reduced to a minimum amount of security lighting during hours when the businesses are closed.

The workshop session closed at 8:45 pm.
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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