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Town Seal
 
Planning Board Minutes 05/29/07
Town of Buxton Planning Board
Meeting Minutes of May 29, 2007

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

Planning Board Members Absent:  none

Others Present: Kelly Boden, Jack Chase, Mike Sullivan, Alan & Mary Barday, Nozomi & Richard Egan, John Foddrill, Angela Bibeau, Karen Hamilton, Jeanne Harmon, and Fred Farnham.

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

Public Hearing Continued for Portland Cellular Partnership d/b/a Verizon Wireless is requesting a conditional use permit for a Wireless Telecommunications Facility at the Municipal Complex at 185 Portland Road; Tax Map 9, Lot 10.
Kelly Boden updated the Board and the public by stating the public hearing was continued to consult with Town Council in respect to the surety bond and the Board ability to take a conditional vote on the application. Ms. Boden understands that according to Town Councils response, the performance guarantee cannot be waved.  
Discussion of Town Council’s recommendations on how to vote on the application Cullen, Jere, and Dennis agrees to use the Town Council’s suggested verbiage for the vote.  Keith, Barbara and Wanda will not vote to approve a use that is not allowed in that district.    
·       Motioned by Jere, seconded by Cullen to move on the application this evening, the motion passed with a 4 - 3 vote
The remaining issues are the results of the vote at the Town Meeting on June 16th and the submission of the Surety bond of $20,000.  There were no abutter or public comments.  
·       Motioned by Jere, seconded by Cullen to continue the public hearing to June 25th, 2007 for Portland Cellular Partnership d/b/a Verizon Wireless, the motion passed with a 6 - 1 vote

Pubic Hearing for Jack Chase & Michael Sullivan who 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.
·       Motioned by Wanda, seconded by Dave to open the public hearing, the motion passed with a 7 - 0 vote.
Mike Sullivan gave an overview of the plan for a 190-foot monopole telecommunication tower.  
There were no abutter comments.  Comments form the general public started with John Foddrill of 46 Curtis Farms Road is concerned with the tower’s effect on their property value.  Mr. Sullivan gave an example of homes located within 400 feet of a tower on Finn Parker Road in Gorham, have resold with no decrease in value.  Mr. Foddrill is concerned with health issues from the microwave rays.  Mr. Sullivan stated the emissions off the tower are minimal compared to what a cell phone gives off.  Rick Egan of 64 Curtis Farms Road feels the applicant should be submitting information on the health aspects of the application.  Karen Hamilton of 66 Curtis Farms Road is very concerned for the health issues and the wellness for the children who will be born and developing.   Nozomi Egan requests a continued hearing to give the abutters time to prepare information.  Wanda, Cullen and Jere would like to allow the abutters time to submit information to the Board.  Jack Chase Stated they have submitted all information required and requested from the ordinance and the Board and feels they meet the requirements to be approved.   
·       Motioned by Jere, seconded by Dave 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.      Town is allowed to co-locate on the tower.
6.      An updated letter and bond if necessary to reflect Section11.25j.

·       Motioned by Cullen, seconded by David to find the application in compliance with all applicable provisions of Articles 8.2.B and 10.   The motion passed with a 6 – 1 vote.
·       Motioned by David, seconded by Barbara to find the application in compliance with all applicable provisions of Section 11.   The motion passed with a 7 – 0 vote.
·       Motioned by David, seconded by Barbara to approve the application for the Cell Tower on route 22, with conditions stated tonight and from previous meetings.  The motion passed with a 6 – 1 vote.

The Selectmen will have to contact Mr. Sullivan to discuss co-location for the Town’s antennas on this tower.

Mary Barday of 264 Dunnell Road is requesting to re-locate her in-home daycare to 264 Groveville Road, Tax Map 7, Lot 101E.  
Keith Cullen and Dave attended the site walk, Jere did a drive by inspection.  The Board members discussed fencing around the play area and attaching lattic panels around the bottom of the deck.  The parking area will hold 6 cars.  
·       Motioned by Jere, seconded by David to set a public hearing for June 11th for Mary Barday’s daycare for 264 Groveville Road.  The motion passed with a 7 – 0.





CEO Report: none

Approval of Minutes:  none

Approval of Bills:  
·       Motioned by David, seconded by Wanda to pay Portland Press Herald in the amount of $69.70 for legal ads for Portland Cellular and ordinance change public hearing, the motion passed with a 7 - 0 vote

Communications:
May Maine Townsman
Bond cell tower for Chase/Sullivan
Scoping meeting for MDOT
Annual meeting for southern Maine Regional Planning Commission
American Planning Association
Updated budget report

Other Business:
Review findings for Central Maine Power Co.:
·       Motioned by Cullen, seconded by David to approve the findings of facts for R. J. Grondin & Sons, the motion passed with a 5 – 0 - 2 vote.  
Send a letter to Josh Jewett requesting money to cover the peer reviewer’s bills
Wanda requested a copy of the memo sent to Selectmen ref. Comprehensive plan.

Adjourn:
·       Jere moved, 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
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm