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Town Seal
Planning Board Minutes 11/12/2007
November 12, 2007

Recorded by Hilda Lynch

Board Members Present:  Harry Kavouksorian, Jeremiah Ross, III, Jim Logan, and Caroline Segalla.

Board Members Absent:  David Anderson, Keith Emery and Barbara Elwell.

Others Present:  Kellie Short, Kim Jacques, Randall Dunton, Steve Goodwin, Vickie Goodwin, Lisa Gyurko, Ruel Sawyer, Lynne Lewis, Clyde Hennessey, Sr., Bill Lewis, Jeff Larimer, Frank Crabtree, Brian Keezer, Judy Weymouth, Harry Weymouth, John Regan.

Chairman Jeremiah Ross, III, called the meeting to order at 7:15 p.m.
        Jere took a moment to thank all of the veterans who’ve served our country.  Their commitment, bravery and courage are an inspiration to us all.

Ruel Sawyer is proposing an amendment to Adams Acres.  Located on Erma Lane; Tax Map 10, Lot 141-9 and 142B-1.
        Ruel reviewed information he’d prepared for the Board from the meeting he attended about a month ago: he’s updated the wetlands and added some square footage to Lot 9.1 (4,567 square feet) and added a note on the right of way not being a town map.  Jere asked for questions or comments from the Board.  Jim wondered if the small stream meets the definition of a stream, which would require a 75 ft. setback by the DEP for the construction of a dwelling.  He wondered whether that needed to be added to the plan to prohibit someone from building there.  He suggested that Ruel might have a staffer come out to determine whether it would be a stream by their definition.  He thought it would be beneficial to have the information before a site walk.  
        It would have been good for the surveyor to indicate setbacks, Jim said.  Jere and Caroline both agreed.  Ruel had calculations done for contiguous 43,646 ft.  Ruel wanted to know if he agreed to put the 75’ setback on the plan, would he still need the approval from the DEP.  He says the location of the house will be more than 75’ from the stream.  Ruel doesn’t have a problem with that.  Jere said he wanted to see a notation on the plan, and the other Board members agreed.  
        Jere questioned whether there was a need for a bond for the road paving, and Jim thought that they would need that.  The ordinance would require a bond (or letter of credit); Jere said Ruel would need an estimate for the paving and provide that to the Board.  Section 13-5.D refers to the Bond needed.  Ruel had some questions about the Bond, as he was unaware of the need for this.  The Town would hold his money until the road was paved, and then he would get it back when the road was completed.  Jim wondered if a condition could be added that he wouldn’t have to produce the bond until he is ready to construct the house.  He could then get the permit from the Code Enforcement Office.  This would give him some latitude as far as timing.  Jere asked about the setting of a site walk.
        Harry made a motion, seconded by Jim, to hold a site walk on November 25, 2007, at 2:30 p.m.  All voted in favor.

Kellie Short of 165 Rankin Road submitted an application for a conditional use permit for a kennel; Tax Map 6, Lot 62A.
        Kellie Short stated that she was not applying for a kennel because she’s lived in the same spot for 20 years and has English setters (10 of them) and is not changing anything.  They live in her home.  She was told that she had to do this.  Jere spoke about a very public issue with another kennel in town.  Kellie’s letter from the Code Enforcement Office said that six dogs would require a kennel; somewhere else, she’d seen five.  
        Fred said he was trying to get a handle on any kennels out there that weren’t licensed and getting them licensed.  Fred read from the ordinance:  any more than six dogs or cats kept for any purpose, limited to breeding, hunting, field trials or exhibition, etc., would require the owners to have a licensed kennel.  It would apply to animals kept for grooming purposes in return for a fee.  The State definition requires any more than five dogs to be licensed as a kennel.  By the Town’s definition, the number of Kellie’s dogs would be considered a kennel.  The ordinance came into being in March of 1986, so Fred feels that anyone who has had this number of dogs before this would be grandfathered.  Fred thought six letters had been sent out.  A couple of the people who got letters were already licensed.  Fred thought six letters had been sent out and that three people still haven’t responded.  Letters were sent out based on dogs licensed this year.  Jere asked if this applicant would be grandfathered.  Fred stated that if they could provide evidence that they’d been there before 1986, he thought they would be grandfathered.  Jere wanted to know if the records were kept regarding the number of animals licensed back to 1986 and before.  Fred said Brenda would probably be able to tell the Board.  
        Jim stated that the Town could not be less stringent than the State regarding kennel licenses.  Jim didn’t think the State allowed for comments by abutters.  Caroline asked if Kellie would be required to have a State license, and Kellie stated that she would not.  Prior to 1986, the dogs were licensed under Kellie’s father’s kennels, Paucek Kennels, as the dogs went there every day.  She just licensed them this year because she worked over at Little Paws and had people coming after her that she should license them.  She said she’s never had one complaint or problem and doesn’t think that the Board should be “chastising the little people.”  She’s not looking for a kennel license.  
        Caroline said that she felt it should be reviewed by the Board to set the record straight but doesn’t feel she’ll have any problems since this is a permitted use for her location.  Kellie was concerned about questions on the application:  how big the driveway is, erosion plans, etc.  Caroline said that she appreciated that Kellie had filled out the application and answered all of the questions.  Jim stated that this has always been in the ordinance since 1986, and the Board is just trying to help people align themselves with what exists.  
        Jim feels that there is a compulsion to allow neighbors to have some say in the number of dogs a person should have on their property—particularly new ones.  Jim asked about an affidavit from a knowledgeable neighbor who could attest to the fact that she’s had dogs there since 1986.  Jere thought it might be hearsay, so not allowable.  Caroline asked if there were any fees for training or anything like that, and Kellie said no.  Jere doesn’t see a big problem with the application.  They agreed that there would likely be no conditions.  
        Jere stated that they would set a site walk and have a public hearing, which would probably result in the approval of a kennel license for her.  Kellie asked what the public hearing consisted of, and Jere explained it.  Jim felt it was to her credit that she had responded to the letter of the Code Enforcement office.  
        Jim moved, Harry seconded, to do a site walk at Kellie Short’s home to view the land where she has her dogs on November 25, 2007, at approximately 3:15 p.m.  All voted to approve the motion.   

The plans have been submitted for the new School Administrative District #6, Buxton Elementary School.  Located off Long Plains Road on Tax Map 3, Lot 88-2.
        Brian Keezer, a Civil Engineer with Harriman, along with Jeff Larimer, (architect for the project), and Frank Crabtree along with Randy Dunton (traffic consultant) were at the meeting to present information.  The total site is 21.7 acres.  There will be a two-story building about 125,000 square feet (footprint 92,500 sq. ft.) with about 4.9 acres of new impervious area and about 13,000 sq. ft. of wetland will be impacted.  Access to the site will be a re-located entrance about 190 ft. westerly of the current entrance—proposing a two-way entrance.  The existing exit onto Groveville Rd. will remain the same.  He explained the traffic flow.  There is a proposed 12’ wide gravel road basically for pedestrian traffic between the old and new sites, also to be used for emergency vehicle access.  There is a sidewalk proposal from Rt. 22 to the main entrance to the school and bus loop w/11 bus parking spaces, a parent drop-off location with 10 spaces to allow a way around the parent drop-off so access won’t be affected.  There is a delivery service area adjacent to the play field area.  Emergency access is provided around more that ¾ of the building (12 ft. wide paved road).  They’re providing two hammerheads on each side--largely to impact less wetland area.  
        130 parking spaces are being proposed, 5 handicapped to add to current parking for a total of 229 striped parking spots.  They’re still working on the modeling of the storm water.  Currently, they’re proposing three under drained vegetative filter basins.  They’ll need from DEP a site location permit, a Natural Resource Protection Act Tier 1, a DOT traffic movement permit; and from DHHS, a subsurface wastewater disposal system permit for an onsite leach field.  A non-transient, non-community public water system permit will be required for the drilled artesian well, which will provide water for the school.  Communications will be coming in from Rt. 22—a pole on the school side of the road and underground into the building.  There will be the water, well, leach field to be constructed.  They’re proposing a couple of 1,000 gal. propane tank and a 10,000 gal. oil tank inside the building in the basement area.  
        They’re looking at requesting a couple of variances through the Board of Appeals – 229 spaces are being proposed once the new project is built, which is almost 100 over the requirement for the number of classrooms; however, for a 900-seat auditorium, they would be required to have 300 spaces on site, which means a need for another 71 spaces. This would be difficult because the only area possible would be the untouched wooded area, which they would like to keep untouched.  Jere stated that the Board of Appeals has no provision to bring any waivers to the zoning ordinances currently, nor does this Board, so this is an issue that will need to be talked about.  Jim asked where the 900 seating came from.  Jeff responded that the gymnasium has seating for 900 to allow for all-school assemblies (staff and students).  He says there are a number of spaces that are not striped now but paved that they might be able to use for parking.  Jere mentioned that the Town required Hannaford to build more spaces than they would have liked to based on this ordinance.  Jeff Larimer clarified the parking in that it would only be a few times a year that they might be bringing the public into the building, which would require the greater need for parking.  As far as meeting the parking ordinance for a school, they far exceed the parking spaces required.  
        There is also a 20’ no-grade setback, another part of the ordinance that they might want a variance; otherwise, the engineers would have to construct almost 150 ft. of retaining walls along the play field.  It would be almost an 8’ wall, and elementary school-age children and climbing apparatuses don’t mix very well.  There would be a fence in front of it to keep kids from getting on it and running into it, but it would still be quite easily accessible and off hours is a concern.  Caroline wanted to know if the field could handle overflow parking.  Brian said it would be a play field and probably not suitable because there would be a plateau and no structural gravel base.  Jere asked where in the ordinance this was stated, and Brian stated that it was under erosion control: 10.3.F   Jere thought that it might be something the Planning Board would be able to deal with from this ordinance.  
        Jim wants to know where the wells will be located as he doesn’t see it on the plan, and wondered if they have done wells analysis yet?  Will it be a public water supply?  He asked about the 300 ft. of setback to the septic system.  Brian said that they’ve struggled with this.  The issue is that the area is wooded and difficult to access.  Brian said one of the abutters’ wells does impact the site.  Jim doesn’t think you can be less than 150’.  The school would be required to do testing periodically, and they are currently doing this. Jim wants to know why the gravel connector road would be staying gravel.  This was decided upon when meeting with the Police and Fire Chiefs, stated Jeff.  Jim wanted to know if it would be worth having public works input.  Jere said the school system would be maintaining it so it was really up to them.  Jere asked about fire protection.  Jeff stated that the building would be fully sprinkled, with two 10,000 gal. tanks underground for this as well as public water.  Jere wanted to know about accessibility--if they could tap into the water for a fire at Buxton Center, and Jeff stated that it was being designed for the school sprinkler system.  Jim asked about the septic system—he saw a reserved area overlapping with the proposed area.  Two old reserved areas were left over from the Jewett addition of 1987.  They plan on building the new septic system to handle the current schools as well as the new one.  They hope to build a new septic system next summer to handle both the current school as well as the new one. Jim thought it might be helpful to have this labeled on the plan to alleviate some confusion.  They anticipate that the building and driveway will be staked this week to allow for a walk through.  
        Jere asked what they’re working on now to provide to the Board, and Brian stated that they were working on subsurface wastewater disposal (hoping to submit that to DHHS within a couple of weeks), wetland impacts, storm water management, and wells (approval to drill).  The DOT traffic permit has been submitted this week.  Jim wondered when they would be applying for the NERPA and site location application, and he would like to see a copy of those applications.  Brian said they were looking to submit further paperwork before the December Planning Board meeting.  Jim asked if the wastewater analysis includes groundwater analysis, and Brian said it would.     Caroline wanted to know if there should be more than four trees in the parking area.  She didn’t see a landscaping plan.  Brian stated they would provide more in their next submittal.  
        Harry moved, Caroline seconded, that the site walk for the new school would take place on November 25, 2007, at 1 p.m.  The vote was unanimous in favor.
        Jere asked about staking--wanted to know if the wetlands have been flagged.  Caroline asked about the location of the dumpsters, and Brian clarified.  Brian wanted to know when they could discuss the parking further.  Jim said he would suggest that they put their minds to what they might do about the parking as he didn’t think the Board would have much latitude.   Jim asked if they would want to put some or all of this info out for peer review.  Jere thought that storm water, wastewater, and wetlands would be items needed for a peer review perhaps.  Jere asked about having an independent review of the wetland delineation and possible location of leach field and later the storm water and wastewater could be done.  Jim thought they might want a site evaluator to go there to look at the conditions.  Jim thinks that it might not be a very complete review yet until reports are completed.  Brian thought they’d done flags by the survey.  Brian said the wetland delineation has been completed, and they’re having a functional assessment done for the Tier 1 permit.  Jim says the Board has no idea what kind of wetland is shown on their maps; he hasn’t seen documentation that would clarify whether the wetland is not significant.  Jere mentioned needing some time to go through documents and decide what they will need.  Jere asked if there is a list of people for peer review.  Jim mentioned some possibilities.  Jeff stated that they could provide copies of all of the reports and asked how many copies would be needed.  Jere stated that we would need 11.  Jere also stated for the public’s benefit that this is a 33 million dollar project, and Brian said the cost of everything would be $28,199,641.  The school is designed for 850 but will probably be quite a bit less than that when opening.  It is being constructed to accommodate growth over the next 10 years.  
        Mrs. Weymouth had a question about the location of the driveway.  She said there was a big uproar about the driveway coming out in front of a bunch of houses for the new town garage.  The driveway will come out in front of a farmhouse that’s been there for a hundred years.  She wondered if the driveway location could be changed or can it be located where the current driveway comes out.  Jeff talked about the discussion they had when coming before the Board a month ago, and it was a 50/50 proposal.  The concern was about drivers coming southbound and cars stopped turning left into the school and not being visible.  He said both potential driveways met DOT guidelines.  What drove them was the queuing of the buses and the lining up off traffic preparing to exit the site.  This was the reason from choosing the new site.  Jim asked if they could split the difference.  The driveway comes out in front of the house’s driveway—not in front of the house.  Jeff offered some clarification.  Jere wondered if they’d consider some kind of buffering across the street, and Jeff said they might consider that.  Jere asked that they submit any additional information to the Code Enforcement Office.          

CEO Report – no report

Approval of Minutes:
        October 22, 2007 – will discuss next meeting

Approval of Bills:  None

        A letter from the Board of Selectmen regarding the shoreland zoning maps. Wanda thinks she would be able to make some good progress after the first of the year.  Southern Maine Planning would need a year and a half.  Caroline thought the Board should have started an inventory, and Jere agreed.  Jim wondered if they should start a process to inventory, and Jere thought he might try to get Wanda and a Southern Maine Planning rep here at the same time.  Jere wanted to see what they could do in house.  They would find out from J.T.Lockman what needs to be done and from Wanda what she could do.  Jim thinks there is a website that would help considerably.
        Workshop in Augusta - Nov 29 – flyer
        Budget update
        November Maine Townsman

Other Business:  None

Jim moved, Harry seconded to adjourn at 8:44 p.m.; and the vote was unanimous.

The Board did not go into a workshop session this evening.

Approval Date:  __________________

_________________________________                  _______________
    Jeremiah Ross, III, Chairman                       Signature Date

Town of Buxton
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