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Planning Board Minutes 04/09/07
Town of Buxton Planning Board
Meeting Minutes of April 9, 2007

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

Planning Board Members Absent:  Wanda Emery and Barbara Elwell.

Town of Gorham’s Planning Board members in attendance:  Susan Robie, Mike Parker, Edward Zelmanow, Deborah Fossum, Doug Boyce and Mark Stelmack

Others Present: Justin Dearborn, Rich Chaisson, Deborah Vaughan, Richard Vaughan, Larry Oliva, Don Warren, Andy Morrell of BH2M, Eugene Knowles, Rich Chaisson, Dave Dominie, Donald Deering, Glen Mayse, Nancy McDonough, Larry Grondin, Ted Johnston, Ron & Lindsay Dearborn, Jack Chase, Mike Sullivan, David Velez, Riley Boden, Clifford Emery, Mary Gamage and Fred Farnham.

Chairman Keith Emery called the meeting to order at 7:32 p.m.

Joint meeting with the Town of Gorham Planning for discussion of Blueberry Ridge Subdivision located off Church Hill and Webster Road.  Property owned by Stephen Joffe and Julie Colpitts, Tax Map 7, Lot 30.
Andy Morrell of BH2M updated the Boards on the status of the project. The project abuts Webster and Church Hill Roads in Buxton and Finn Parker Road in Gorham.  The proposal includes 21 lots in Gorham and 6 lots in Buxton with a combined total of a 27-lot cluster subdivision. A right-of-way coming off the cul-de-sac has the potential of connecting to Daisy Lane in Gorham, except Daisy Lane ends in a fire pond.  The Gorham Board members question the open space between lots 10 and 11, Mr. Morrell said there is a natural stream running through the area. To justify the cluster subdivision provision, Mr. Morrell is proposing walking trails.   The applicant will meet with the prospective Fire Chief’s to determination the location of fire protection dry hydrant vs. water storage fire tanks.  Plowing and fire protection issues will be addressed between the two Public Works Director’s and the Fire Chief’s.  Two isolated parcels located on the Gorham side will be reviewed against the ordinance.  Keith suggests have one peer reviewer for both towns.
Mr. Morrell will submit a complete application when the Nitrates study and the storm water design are complete.  It is their intention to submit to DEP next week.   The next meeting will be in the Town of Gorham.

·       Motioned by Dennis to go into executive session to discuss procedural issues with the Town attorney at 7:58 p.m., seconded by Jere; the motion passed with a 5 – 0 vote.
·       Motioned by Jere to come back from executive session to at 8:30p.m. seconded by Dave; the motion passed with a 5 – 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.
·       Motioned by Dennis to open the public hearing for Justin Dearborn, seconded by Jere; the motion passed with a 5 – 0 vote
Justin gave an overview of his proposal for a general maintenance facility/office space and 2nd floor apartment.  

Questions from the Board:  Keith clarifies the use of the maintenance garage; it will not be rented out to repair out side automobiles.  Mr. Dearborn agreed it would be used to maintain and repair his equipment only.   He also agreed to plant pine trees as a buffer if needed.  
Review of SMRPC response:  Zoning:  Fred classified it as an auto repair garage, which is a permitted use in the Village zone.  Paving: Mr. Dearborn is requesting for the paving to be waved, his plan is to pave up to the office area and the area to park the trucks and equipment.    Landscaping:  On the reclamation on the slops and reseed             Stormwater:  contained inside the pit.  
Abutter comments:  Donald Deering abutter to the rear of the pit at 36 Dell Lane has safety concerns with the slops.  Requesting that the slopes be stabilized, the trees keep falling into the pit and it is a safety issue for the kids.   Gene Knowles of 3 Turkey Lane noticed a change in his water.   Having a history of contamination in the area; Mr. Dearborn does not feel the contamination is from the pit.  DEP monitors the area annually.
·       Motioned by Jere to close the public hearing, seconded by Cullen; the motion passed with a 5 – 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.      Bring perimeters of slop into conformance with Section 11.7.D.2
6.      From the Church Hill Road entrance to front of building will be paved with in 1 year from the occupancy permit being issued.

·       Motioned by Jere, seconded by Cullen to find the application in compliance with 8.2.B, 10 and 11.3.   The motion passed with a 5 – 0 vote.

·       Motioned by Jere, seconded by Cullen to approve the application with conditions stated tonight and at prior meetings.  The motion passed with a 5 – 0 vote.



Ronald Dearborn requesting to change hours of operation for an existing extractive industry located on Webster Road; Tax Map 7, Lot 28.
·       Motioned by Jere to open the public hearing, seconded by Cullen; the motion passed with a 5 – 0 vote
On April of 2005 Ron Dearborn was permitted to open a gravel pit on Webster Road with the 7 am to 6 pm Monday through Friday and 8 am to 12pm on Saturday.  R.J Grondin (an existing pit with in a half mile from the Dearborn pit) At the January 26th meeting was approved for Monday through Friday 6:30 am to 6 pm and Saturdays 8 am to 2 pm with crushing allowed for 20 weeks a year.  Mr. Dearborn is requesting the same hours of operation as R.J.  Grondin received, allowing them to be competitive with other gravel pits.  

Questions from the abutters:  Richard Vaughn of Webster Road a direct abutter to the rights side of the pit submitted pictures for the Board to review.  The pictures are of the dust blowing across his yard.  
Mr. Vaughn is concerned with the kids in the early mornings waiting for the bus.  He feels all the gravel pits should be required to have the same hours of operation.  
Cullen asked Mr. Vaughn if he has noticed the rock crushing – Mr. Vaughn hears the beeping from the trucks and said there has not been very much crushing activity, but its not pleasant.  Lindsay Dearborn of 241 Webster Road does not have any problems living at the house.   Did not realize the crusher was in the pit until she saw it.  Larry Oliva of 205 Webster Road admits the noise is not as bad as they had expected, but there is still the constant beeping and the wind blowing the dust off the pit.   Mr. Oliva would not like to see the hours of operation or the number or crushing days to change.  The berme and trees that were approved in the final plan have not been planted or seeded yet.  Mr. Oliva said they couldn’t enjoy their property.   Richard Chassian lives in Groveville and works for Mr. Dearborn.  He explains that the back-up alarms are a safety issue and state mandated.  There have not been many complaint calls and when they did get one the issue was taken care of.  Fred has responded to very few all calls and the Dearborn’s have taken care of the situation.  
·       Motioned by Jere, seconded by David to close the public hearing at 9:40 pm, the motion passed with a 5 – 0 vote.
Discussion from the Board: Dennis supports the expanded hours of operation and crushing as requested by the applicant.  Cullen said the pictures from Mr. Vaughn are compelling testimony for leaving the hours as is.  David is concerned for the neighbors stating the pictures tell the story and he is against the change.   Jere stated that each gravel pit is different and all conditions are different.  He does not support the change.  Keith said 6:30 isn’t that bad and considers the pit as an existing pit and agrees with the applicant.

·       Motioned by Dennis, seconded by David to amend the conditional use permit to increase the hours to 6:30 am to 6 pm Monday through Friday and 8 am to 2 pm on Saturday, the motion failed with a 2 – 3 vote.

·       Motioned by, seconded by David to amend the conditional use permit to increase crushing to 20 weeks per year, the motion failed with a 2 – 3 vote.

·       Motioned by Jere, seconded by David to amend the addenda to follow through items 7 & 8 and items from nine on, will be rescheduled until the next meeting, the motion passed with a 3 – 2 vote.
Reconsider the decision made on February 26, 2007 for R.J. Grondin's application for a gravel pit expansion on Webster Road Tax Map 7, Lot 33-2.
Ted Johnston confirmed with the Buxton bus driver Mary Ann Daniels and abutters who witness the busses turning around. The Gorham bus comes through at 7:05 am and the Buxton bus at 6:45 am give or take five minutes.  The applicant said in the presentation they want to get the trucks out before the busses.   Cullen stated the rational for the 6:30 start time was to avoid bus traffic between 6:30 and 7 am.  
Discussion from the Board:  Keith said to give the same hours as the Dearborn pit 7am to 6 pm Monday through Friday, Saturday 8 to 12 and 20 days of crushing a year.  Dennis does not like to put restrictions on business that don’t make any scents for the industry.  He supports the business as presented and would open the Dearborn application and give them the same hours.  David was supportive of the Grondin presentation, however when it became a competitive issue and requests specific bus schedule and bus routes from the two town’s.  Jere The Planning Board will be working on brining all the gravel pits to the same hours of operation and feels the hours of operation should be the same as Mr. Dearborn’s.  It is Cullen’s understanding that there are two busses on Webster Road between 6:30 and 7 am and agrees the hours should be the same as the ordinance.
·       Motioned by Jere, seconded by Cullen to amend the finding of facts to 7 am to 6 pm Monday through Friday and 8 am to 12 pm on Saturday, the motion passed with a 4 - 0 – 1 vote. With Dennis abstaining.

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.
5.      Hours of operation 7am to 6 pm Monday through Friday, 8 am to 12 pm on Saturday
6.       Crushing operation will consist of 20 wks and be located in the lowest practicable point of the pit floor.  

·       Motioned by Jere, seconded by Cullen to find the application in compliance with Articles 8.2.B, 10 and Section 11. The motion passed with a 4 – 0 - 1 vote.  Dennis abstained.

·       Motioned by Jere, seconded by Cullen to approve the application with conditions stated tonight and at prior meetings.  The motion passed with a 4 – 0 vote.  No vote from Dennis.

Central Maine Power Company is requesting a conditional use permit for an expansion of the existing switchyard located off Emery Circle on Tax Map 3, Lot 35.
Dave Dominie from TRC Site Engineer representing CMP.  The Board held a site walk on April 2, 2007.  The Board members present, who attended the sit walk, had no issues at this time and agreed the proposal would improve the site and would have no impact the neighbors,  
·       Motioned by Cullen, seconded by David to schedule a public hearing for CMP expansion on Tax Map April 23rd, the motion passed with a 5 - 0 vote.

Due to the time, the remaining agenda has been postponed until the next meeting on April 23rd.

Adjourn:
·       Dennis moved, seconded by David to adjourn at 10:34 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
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm