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Town Seal
Planning Board Minutes 02/12/2007
Town of Buxton Planning Board
Meeting Minutes of February 12, 2007

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

Planning Board Members Absent:  Barbara Elwell

Others Present: Don Warren, Larry Grondin – R.J. Grondin & Sons, Brent and Shannon Frankland, Eric Mehnert, Benjamin Collings, Marie & Tim Clements, Jean Harmon, Peter Spano, Chris Carran and Fred Farnham.

Chairman Keith Emery called the meeting to order at 7:30 p.m.
Public Hearing for Brent & Shannon Frankland of 33 Spring Street who are requesting a conditional use permit to house 2 horses at Tax Map 7, Lot 62-12A.
·       Motioned by Wanda, seconded by Jere to open the public hearing at 7:33 pm.  The motion passed with a 6 – 0 vote.
The Franklands informed the public of their intentions to house 2 horses at their property on Spring Street.  They submitted a letter from their Veterinarian stating the paddock meets the minimum requirements for animal welfare.  Wanda requested a revised plan indicating the distance from the paddock to the abutting dwellings.  The minimum requirement is 100 feet from any dwelling.  Elaine Young, the abutter to the rear, has submitted a letter stating she does not have any issues with this request.  The plan needs to show how the paddock will be moved in the spring to accommodate the 100 ft. setback from the dwelling.
·       Motioned by Wanda, seconded by Cullen to continue the public hearing for February 26th, 2007.  The motion passed with a 6 – 0 vote.

R. J. Grondin & Sons, Inc. request for a conditional use permit for an expansion of the Webster Road gravel pit.  Tax Map 7, Lot 33-2.
Ed Johnston of MAI Environmental represented R. J. Grondin & Sons. He stated that the general standards were submitted including topo information, sections 8.2.B and Article 11.7 of the ordinance.  They are asking to expand an existing gravel pit off Webster Road.  Wanda noticed the slopes are listed at 2 ½ to 1-inch, the ordinance requires 5-foot intervals.  Mr. Johnston said this is to maintain what is already there; it is awkward when there are varying slopes throughout the pit.  Dennis questioned the varying hours.  They requested hours of 6:30 am vs. 7 am due to the school busses.  The requested hours are 6:30 am to 8 pm and Sat 8 am to 2 pm.  Section 11.7D.8 states there will not be any mud or soil coming out on the road, the applicant needs to indicate how this will this be taken care of.  Mr. Johnston said the area would be taken care of based on the conditions; they will do what is needed.  Wanda requested a statement addressing how this standard will be met.  Jere asked if any blasting or crushing would be done on site and Mr. Johnston said there will be no blasting, possibly some crushing.  Jere requested a time limit on the crushing.  
·       Motioned by Wanda, seconded by Cullen to schedule a public hearing for February 26th, 2007.  The motion passed with a 6 – 0 vote.

Timothy & Marie Clements of 29 Hall Road are requesting a conditional use permit to have 2 goats at Tax Map 1A, Lots 59, 61 and 62.
Marie and Tim Clements are requesting to have goats to produce their own personal milk and cheese.  The application will be corrected to have 6 goats, which will include adults and kids at the same time.
·       Motioned by Dennis, seconded by Wanda to schedule a site walk for February 17th at 9am.  The motion passed with a 6 – 0 vote.

CEO Report:  Fred Farnham apologized for the miscommunication in scheduling the Wat Samaki and updated the Board with the application.  There are two types of activity:  one being monthly meetings with 12 to 15 cars and the other being special celebrations five to seven time a year involving 200 people of more.  Concerns for any activity are parking, septic and waste disposal.    
·       Wanda motioned to end the discussion for the evening.  If the applicant wishes to discuss this they should go on the agenda so the Board is prepared to discuss the application at their convenience at the next meeting, Jere seconded the motion.
Discussion:  Jere interpretation of the ordinance is that no activity is allowed until a conditional use permit is approved.  David said a cease and desist order was issued in October.   Cullen was receptive to allowing them to speak within a specific in order to clarify what the Board is requesting.  Wanda reiterated that she is not in favor of continuing the discussion tonight since the Board has not had time to prepare.  David agreed with Cullen and felt that by assisting them now they can move on with the application.  
The motion failed with 2 in favor, 3 against and 1 abstention.  The Board agreed to allow Mr. Mehnert to speak for a 20 to 30 minute time frame.
Mr. Eric Mehnert is trying to facilitate communications between Wat Samaki Temple and the Town of Buxton, realizing the Town has regulations to be met and protecting the rights of Wat Samaki’s religious freedom.  He understood that one of the issues is sanitation.  Mr. Mehnert explained that once a month the temple has a ceremonial service or a memorial service where 15 to 40 people would be in attendance.  From his understanding the septic system is adequate for that number of people.  The Town does have a copy of the original HHE200.  The house was built in 1974, a typical system lasts 30 years with proper care.  Fred Farnham suggested, when more than thirty people are expected to attend, portable toilets would be needed.

Mr. Mehnert is aware of the two primary issues of the application; one being the capacity of the septic system two and the other is the parking to handle seven large gatherings per year.  Mr. Mehnert stated that the group does not have the funds to support professional plans.
The Board reviewed the ordinance section of 8.3, additional conditions the planning board can request.  Mr. Mehnert said the Town does not have a mass gathering ordinance and these requirements are placing an undue burden on the temple.  The Board is only requesting the same information as required from other churches that have been approved in the Town.  Mr. Mehnert stated it was a violation of equal protection.

Jere said he would need a professional plan to make a decision.  Cullen suggested creating other arrangements such as car-pooling, park-n-ride or bussing people in to ease the impact of the parking issue.  Wanda requested the applicant to redefine the application, specifying exactly what they are requesting by separating the two types of functions.  David explained that the professional reviews are used to prevent serious erosion and other issues that could cause future problems.  There has to be a plan in place detailing the actions to be taken.  Wanda ads, that plans showing contours are readily available on the GIS web site.  And said 8.2.B.7 specifies that it does need to be done by a qualified professional source, in the past the Board has allowed other applicants to use Best Management Practices to meet this requirement.

Approval of Minutes:  
October 23, 2006
·       Motioned by Cullen, Seconded by Wanda to approve the minutes of October 23rd, 2006. The motion passed with a 6 – 0 – 1 vote with Dennis abstaining.
January 22, 2007  
·       Motioned by Cullen, Seconded by David to approve the minutes of October 23rd, 2006. The motion passed with a 6 – 0 vote.  

Approval of Bills:  no bills

·       Motioned by Jere, Seconded by Wanda to move into executive session with Town Attorney William Plouffe to discuss procedures at 9:04 pm. The motion passed with a 6 – 0 vote.  

·       Motioned by Wanda, Seconded by Dave to come out of executive session. The motion passed with a 6 – 0 vote
        MMA leadership management
        MMA planning board workshops
        MMA grant writing
        Maine Townsman – January
        Agendas from The Town of Gorham
        Budget information      
TruChoice - release of funds – Fred will review and present with sign off sheet at the next meeting.  Question if there is a dumpster.

Other Business:  
·       Review findings and sign plan for amendment to Duck Pond Plaza Subdivision.
·       Motioned by Cullen, seconded by David to approve the finding of facts for Duck Pond Plaza. The motion passed with a 6 – 0 vote.  
Wanda is not satisfied with the statement at the bottom of the plan.  The plan does not supersede the original it only affects lots 2 and 3.
·       Update on ordinance changes - time permitting   
·       Jere moved and seconded by Wanda to adjourn at 9:15 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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