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Town Seal
 
Planning Board Minutes 02/26/2007
Town of Buxton Planning Board
Meeting Minutes of February 26, 2007

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

Planning Board Members Absent:  

Others Present: Don Warren, Larry Grondin – R.J. Grondin & Sons, Ted Johnston of MAI Environmental, Shannon Frankland, Marie & Tim Clements, Charles & Arthur Carman and Fred Farnham.

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

Continued 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.
Shannon Frankland reiterated to the Board that an updated plan was submitted indicating the distance from the paddock to the abutting dwellings.  The minimum requirement is 100 feet from any dwelling.  The plan indicates how the paddock will be moved in the spring to accommodate the 100 ft. setback from the abutting dwellings.
·       Motioned by Dennis, seconded by Cullen to close the public hearing.  The motion passed with a 7 – 0 vote.
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 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.      Limit to two (2) horses.
6.      Construct a concrete area for manure storage, which also needs to be covered.
7.      Relocate fence in the spring by moving it 100 feet away from the abutting dwellings.

·       Motioned by Wanda, seconded by Dennis to find the application in compliance with 8.2.B, 10 and 11.3.   The motion passed with a 7 – 0 vote.

·       Motioned by Wanda, seconded by Dennis to approve the application with conditions stated tonight and at prior meetings.  The motion passed with a 7 – 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.  Ted Johnston of MAI Environmental represented R. J. Grondin & Sons.   Mr. Johnston addressed modifying the hours of operation, number of days allowed for crushing, and paving the first 100-feet of the entrance to reduce the dirt and dust on Webster Road.   The applicant requested the hours of operation change to 6:30 a.m. vs. the required 7 a.m. due to the school busses on Webster Road.  The requested hours are 6:30 am to 8 pm Monday through Friday and Sat 8 am to 2 pm.  Wanda would like to compare the hours of operations with other gravel pits in town.  She had no problem backing the hours from 6:30 a.m. to 6 p.m. keeping in line with the total number of hours allowed by the ordinance.  Mr. Grondin is okay with 6:30 am to 6 pm, but would like to keep Saturday at 8 am to 2 pm. The request is for no more than 20-weeks of crushing per year, not crushing for more than three consecutive five-day periods.  The existing pit has no restrictions on crushing.  The pit will not be used as a retail operation.  Keith is not in agreement with the hour’s change (referencing a previous gravel pit application had to follow the hours of operation in the ordinance) or the number of days requested for crushing.   
Abutters concerns:  Arthur Carmon felt they should be allowed to do what they want.  Don Warren had concerns with the tapering of the banks when closing the pit, if it will include the existing part of the pit also.  Mr. Grondin stated that the grading in the new area would be concurrent with the existing pit.  Charles Carmon had no problems with the expansion.
·       Motioned by Barbara, seconded by Dennis to close the public hearing.  The motion passed with a 7 – 0 vote.
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 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.      Hours of operation shall be 6:30 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 2 p.m. on Saturday, as presented in their application.
6.      Crushing operation shall be conducted at a maximum of 20 weeks and be located at the lowest practicable floor of the pit.
·       Motioned by Wanda, seconded by Dennis to find the application in compliance with 8.2.B and 11.  The motion passed with a 7 – 0 vote.

·       Motioned by Wanda, seconded by Dennis to approve the application with conditions stated tonight and at prior meetings.  The motion passed with a 7 – 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.
A site walk was conducted on Saturday, February 17.  In attendance were Wanda, David, Dennis and Keith.  The area met all setbacks, was well planned out, and had no issues to be concerned with.
·       Motioned by Dennis, seconded by David to schedule a public hearing for March 12th.  The motion passed with a 7 – 0 vote.

Justin & Kelly Dearborn are requesting a conditional use permit for a general maintenance facility at the existing gravel pit located off Church Hill Road; Tax Map 7, Lot 12.
Justin Dearborn has acquired an existing gravel pit off Church Hill Road located in the Village District.  He is applying for a conditional use permit for a maintenance storage facility.  The plan includes a 30 x 30 office space with an apartment above accessed by the existing 30-foot road off Church Hill Road.  

Mr. Dearborn asked to schedule a site walk.  The Board requested a septic plan indicating the types of soil along with information on sections 8.2.B and 10.   

CEO Report:  Fred Farnham requested the Board to defer the discussion of ordinance changes with Mary Gamage.
·       Motioned by Jere to amend the agenda to allow Mary Gamage to speak, the motion passed with a 7 – 0 vote.
Mary was hoping to discuss the proposal for the ordinance change in reference to the sign proposal she submitted and the calculation process.  Wanda stated the Board discussed and made decisions on what ordinance changes would be best for the Town’s future, not for one applicant.     Fred suggested giving incentives to retail buildings setting back further from the road and allowing them to have a larger sign on the building.  This will be discussed further at the workshop.  
Jere asked whether the Board wants to open up for discussion in a workshop session.  The Board voted 7 – 0 to scheduled a workshop for Monday, March 5th at 7:30 p.m. to discuss all proposed ordinance changes.

TruChoice - release of funds:  In Fred’s review everything is in order.  There is a shed in the area indicated for the dumpster, used for maintenance equipment and paper waste.  TruChoice has an agreement with Van Hertel, Jr. owner of the property located on the other side of Route 22, to use their dumpster.  Mr. Hertel confirmed the arrangement.                                               The Board is requesting a letter from Mr. Hertel stating they are allowed to use the dumpster.  

Approval of Minutes:  February 5, 2007  - Review information on section 10.11.C will be rehashed at the workshop.

Approval of Bills: Cullen moved to pay Portland Press Herald $18.70 for the Franklands legal ads, seconded by Jere.  The motion passed with a 7 – 0 vote.

Communications:  
        *Letter from DEP approving the Hannaford application.
*Letter of credit for Royal River Development Company (Joffee/Colpitts), the   
  Woodlands subdivision located on Webster Road, Map 7, Lot 31.
*Budget info
*Subdivision Review Workshop
*Letter from the State Planning Office
*Release of funds for TruChoice Federal C. U. -  
·       Cullen motioned to release funds in the amount of $272,454.00 upon receipt of a letter from Van Hertel, Jr. and TruChoice Federal CU confirming a dumpster agreement.  Seconded by Wanda, the motion passed with a 7 – 0 vote.

Other Business:  
·       Sign plan for Amendment to Duck Pond Plaza Subdivision.
·       Update on ordinance changes - time permitting   
Adjourn:
·       Wanda moved, seconded by Jere to adjourn at 9:35 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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