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Town Seal
Planning Board Minutes 04/23/07
Town of Buxton Planning Board
Meeting Minutes of April 23, 2007

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

Planning Board Members Absent:  Wanda Emery

Others Present: Kelly Boden, Dave Dominie, Jack Chase, Mike Sullivan, David Velez, Riley Boden, Josh Jewette, Clifford Emery, Jeanne Harmon, Mary Gamage, Doug Gilman, Kathleen Rumpf, Shelbie & Brian Dyer and Fred Farnham.

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

Public Hearing for 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.
·       Motioned by Jere, seconded by David to open the public, the motion passed with a 6 - 0 vote.
Dave Dominie from TRC Site Engineer representing CMP and Doug Gilman, sub station engineer presented the project to the public.  Mr. Dominie explained the existing switchyard connects several 345-transmission lines to Canada down to the southern New England states.  Due to new requirement criteria the Buxton switchyard is a weak point in the system.  The expansion would consist of 1.7 acres with a 20 x 40 expansion to the control house.  DEP and Army Corp of Engineer permits are required.  
Having no questions form the Board or the Code Enforcement officer.
Abutter comments:  Kathy Rumpf asked if there would be a different gate at the entrance, with ATV’s, cars getting in the area at night.  Her concern is with the land being damaged.  Trees have been removed and the vehicles go around the existing gate.  Mr. Dominie said it would be possible to place large stones in these areas.  Ms. Rumpf said the lose sand from the road runs into her driveway.   Keith stated the lighting system will not change the atmosphere will remain the same.  David said the noise would remain the same except during the construction process.
·       Motioned by Jere, seconded by Cullen to close the public hearing, the motion passed with a 6 - 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.

·       Motioned by Jere, seconded by David to find the application in compliance with all applicable provisions of Articles 8.2.B, 10 and Section 11.   The motion passed with a 5 – 0 - 1 vote, Barbara abstained.

4.      All outstanding bills paid before building permit is issued.
5.      Receive copy of approval from Maine Department of Environmental Protection.
6.      Receive copy of approval from the Army Corp of Engineers.

·       Motioned by Jere, seconded by Cullen to approve the application with conditions stated tonight and from previous meetings.  The motion passed with a 5 – 0 – 1 vote. With Barbara abstaining.

Portland Cellular Partnership d/b/a Verizon Wireless is requesting a conditional use permit located for a Wireless Telecommunications Facility on Portland Road; Tax Map 9, Lot 10.
Kelly Boden with Verrill Dana, representing Verizon Wireless and David Velez project manager presented the plan.  Mr. Velez stated the purpose of the tower is to give continuous coverage for cell phones and the emergency communications for the Town.  The Town is now experiencing dead spots with emergency vehicles, this tower will double the coverage.
Will have continuous coverage comparing with the existing cell towers in the area Deering Drive and Webster Road.  
Wireless signal strength is line of sight, signals need to be closer together and if to high will over load the sight with other frequencies.  David asked for a demonstration of how this tower will enhance the local emergency communication service.    Mr. Velez has no calculation to support any increase since the frequency for public service works at a much lower frequency. The existing tower is approximately 75 feet; the Town’s arrays will be at 160 feet on the proposed tower.  In accordance with the cell tower ordinance all towers will have space available for the Town’s antennas.   Barbara asked if the emergency radio frequency would have dead spots with the new tower.  Mr. Velez did not know how the radio frequency worked, but said it would be increased.   The balloon test photos have been submitted.  Keith requested for the plan to be changed from Buxton Police Department to Buxton Municipal Complex.  The DEP site plan amendment will be upgraded.
The Board agreed to perform individual site walks
·       Motioned by Cullen, seconded by Jere to schedule a public hearing for Monday, May 14th, the motion passed with a 6 – 0 vote.

Mary Gamage form Hannaford Bros. is requesting to discuss the proposed sign ordinance.
Mary offers the difference between the proposed Hannaford.
Mary Gamage is concerned with being limited to one sign with the proposed sign ordinance change.  With the building location setting further back and having two entrances Mary feels strongly this will create safety issues.  Mary proposal allows two free standing signs if the property has two driveways more than 400 feet apart with two separate road frontages and the building is located over 200 feet from the road.   Mary said without the proper signage at each entrance it creates unnecessary confusion.

Questions and comments from the Board:  Keith feels one sign is more than adequate.  Dennis supports the two sign ordinance change stating that the Town has grown since the ordinance was created and will continue to progress.  Barbara agrees that two sign would be good.  Dave recommends applying for a MDOT signs to encourage the rural character.  Jere is agreeable to the new proposal and by adding stipulations.  Cullen said they are requesting a sign four times the size of what is allowed in our current ordinance.  He has concerns in adjusting an ordinance to fit one applicant.  The proposal will be a dramatic change and suggests two smaller signs.  
·       Motioned by Jere, seconded by Barbara to amend Mary’s submission to say two free standing signs will be permitted, one 80 square feet the other 40 square feet the motion does not pass with a 3 – 3 vote.  It goes back to the original ordinance change proposal.

Jack Chase & Michael Sullivan has submitted an application for a 190-foot telecommunications facility to be located on a portion of 828 Long Plains Road, Tax Map 3, Lot 79.
Mike Sullivan presented the plan for a 190-foot freestanding cell tower on a 70-acre parcel.  The tower will be located 1,500 feet from the road, behind a cluster of trees.  U.S. Cellular is the main carrier for the tower.
Questions and comments from the Board:  David asked if the two companies could co-locate on each other’s towers.  The coverage depends on the location of the towers and the topography of the land.   Could the Town get better communication service by adding or moving the repeater antennas to this tower?  Mr. Sullivan does not know for certin but if the Town intends to do so, he needs to know before he orders the tower.  The Town would also have to construct their own cabinet on a concrete pad.  U.S, Cellular is also located on Finn Parker Road in Gorham and Webster Road, Mr. Sullivan said the towers are to close together.  
·       Motioned by Jere, seconded by Cullen to schedule a site walk for Monday, April 30th at 6:30 pm, the motion passed with a 6 – 0 vote.

·       Motioned by Jere, seconded by Dennis to amend the agenda Open bids for Josh Jewett & Jennifer Granillo’s Peer review, the motion passed with a 6 – 0 vote.
IRC Environmental               $800.00
Sweet Associates                $500.00
Corner Post Land Survey                  $2,000.00
esf environmental llc            $1,694.76
·       Motioned by David, seconded by Jere to award the bid to Sweet Associates in the amount of $500.00, the motion passed with a 6 – 0 vote.

CEO Report: none

Approval of Minutes:  March 26, 2007
·       Motioned by Dave, seconded by Jere to approve the minutes of March 26, 2007as amended by Cullen, the Motion passed with a 4 – 2 vote.

Approval of Bills:  
·       Motioned by Jere, seconded by Cullen to pay Portland Press Herald in the amount of $30.60 for legal ads for the two Dearborn applications.  The Motion passed with a 6 – 0 vote.

        Letter from Larry Miller on ordinance changes
        MDOT Saco Island
        Safety Solutions – workshop on gas and pipelines
U.S Census Bureau workshop
State Planning News – LD1
DEP information
Other Business:
     Ordinance changes – The Board agrees with Bill Plouffe’s modifications.
·       Motioned by Jere, seconded by Cullen to schedule a public hearing to discuss the proposed ordinance changes for May 14, 2007 at 7:30 pm, the motion passed with a 6-0 vote.
The next scheduled meeting is set for Memorial Day; the Board discussed rescheduling for Tuesday, May 29th.
·       Jere moved, seconded by David to adjourn at 9:26 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
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
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