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Town Seal
Planning Board Minutes 11/26/2007
November 26, 2007

Recorded by Krystal Dyer

Board Members Present:  Harry Kavouksorian, Jeremiah Ross, III, Jim Logan, Caroline Segalla, David Anderson, Keith Emery and Barbara Elwell.

Board Members Absent:  none

Others Present:  Kellie Short, Gloria Leveillee, Benjamin Collings, Ruel Sawyer, Brenton Hill, Carol A. Weeks, Lawrence A. Miller, Beth Sturtevant, Peter Spano and Voeun Spano, Code Officer Fred Farnham and others.  

Chairman Jeremiah Ross, III, called the meeting to order at 7:02 p.m.
Discussion of site walk for the new School Administrative District #6, Buxton Elementary School.  Located off Long Plains Road on Tax Map 3, Lot 88-2.
The Board met for a site walk on Sunday November 25th at 1 pm.  A few of the SAD#6 Board members and Engineers were in attendance along with abutter Harry Weymouth.  The location of the building, septic and storm water run off systems were marked for the members to view.  Jere asked about the existing buildings and the Hanson house. Brent Hill, President of the Buxton/Hollis Historical Society stated that the Hanson House would be moved to another site and the Hanson School, built in the 1930’s, will be used to the best use in accordance with the ordinance.  Carol Weeks, Assistant Superintendent said it is her understanding that the owner of the Hanson house will be moving the house to another location.  She has not been informed of the location as of yet.  The owner was given six months, beginning from July 2007 to relocate the house.  SAD #6 plans to return the Hanson school building back to the Town of Buxton.  The Board is still waiting for a considerable amount of information from the applicant regarding the location of the well, subsurface wastewater disposal plan and the stormwater run off plan.  A peer review letter will be drafted in a workshop session at the end of the meeting.  
        Jim questioned the level of historical value for the two buildings and suggested having more information at the public hearing stage.  Mr. Hill will look into more information at the state level.

Ruel Discussion of site walk for Ruel Sawyer who is proposing an amendment to Adams Acres by relocation lot lines.  Located on Erma Lane; Tax Map 10, Lot 141-9 and 142B-1.
The Board attended a site walk on Sunday, November 25th at 2:30 pm.  The Board reviewed the location for the proposed house lot and observed the stream stating there should be a 75’ setback noted on the plan.  The Board members agreed to work on the conditions at the public hearing.   A bond with estimated costs is required for the road.   Keith questioned whether a bond is needed for an existing road where it is a family subdivision with a private road. Mr. Sawyer is not required to pave the road unless he sells either lot to a non-relative. At that time the road will have to be brought up to Town standards (Article 10.1) and paved, which the bond would cover the cost.  Keith also mentioned that the bond has to be renewed annually.  Jim suggested having a condition for the road rather than a bond.  
Jere asked Code Officer Fred Farnham how he would enforce the paving.  Fred said if the Board made it a condition the folder would be flagged to trigger him to review before the permit is issued.  The deed would inform us that a land transaction has occurred.

·       Motioned by Jim, seconded by Harry to schedule a public hearing for Ruel Sawyer and Adams Acres to revise lot 9 for Erma Lane off Route 112 for December 10th.  Having no discussion the motion passed with a 7 – 0 vote.

Discussion of site walk for Kellie Short of 165 Rankin Road submitted an application for a conditional use permit for a kennel permit; Tax Map 6, Lot 62A.
The Board attended a site walk on Sunday, November 25th at 3:15 pm to inspect the property.  Jere noticed a very nice large quarter acre fenced yard and a kennel area in the back.  The Board did not see any issues with the very well kept property.  Caroline read the definition of State Statutes for kennels.  Jere would like the Animal Control Officer to attend the public hearing.  
·       Motioned by Barbara, seconded by Keith to schedule a public hearing for Kellie Short on December 10th Tax Map 6, Lot 62A.  Having no discussion, the vote was unanimous.

Navan Leng is continuing the application for the conditional use permit for the Wat Samaki Cambodian Buddhist Temple to be located at 128 Back Nippen Road; Tax Map 4, Lot 43.
Navan Leng, President of Wat Samaki Cambodian Buddhist Temple, stated that without volunteers the project could not proceed forward due to limited funds.  After being asked to stop holding services until after the Conditional Permit is issued, they have not held any services for a year.  Mr. Leng stated it is their hope to work with the Town.  Beth Sturtevant and Al Brick of CCB Construction Company presented a parking design and answered questions pertaining for the lot.  Ms. Sturtevant explained that after conducting a survey to understand the topography and geography of the land that determined the best site for additional parking, while maintaining the visual appearance.  Improvements to the landscape and garden areas have been added since the last meeting.      The plan as it exists has an existing water easement or drainage ditch to handles the water coming off Back Nippen Road.  The water follows the ditch to a wet area in the back of the property.  They were able accommodate an additional 51 parking spaces with two designated handicapped parking spaces.  They have proposed to take off the loam, bring in gravel and compact it.  They will also add wheel stops to minimize wheels from rolling.  Barbara asked where the overflow of cars would park if they had more than 51 vehicles at one time.  The lots can be marked or striped if the Temple would like them to be.   If there are big gatherings Mr. Leng said they would have it at another place.  Harry asked what the maximum capacity is for the building.  The Fire Marshal will determine this number, which would trigger the number of spaces required and determines the use of the septic system.  There is the possibility of bussing people from a satellite parking lot.  Fred Farnham said the area of the building determines the number, making it 7 or 15 square feet per person.  There are other categories to determine the number, such as is if there will be chairs, tables or stadium seating.  Fred determined capacity at approximately 200 people since there is no seating.    Jere said the applicant will have to meet the requirements of Section 8.2.B.2 of the town ordinance.   Ms. Sturtevant indicated the grassy area on the right side of the plan could be used for overflow.   Jim stated that when a grassy area is replaced with gravel, by the States standards it is still impervious surface and it doesn’t increase runoff.  It is Ms. Sturtevant’s understanding that they do not need a stormwater review by the State.  Jim said in Section 10.7.C.3.F the required parking stall dimensions are 8’, 6”wide, the applicant has 8’ wide.  Jim also suggested having a septic design on file with the Town in the event the existing system fails.   Jim also asked whether the building is being used for a dwelling unit as well as a temple.  Currently there are two or three monks living in the main house.  Fred does require the applicant to file a septic system plan with any expansion.  Ben Collings explained that the building is not like a normal church, having a service every Sunday.  The monks live in the main house and they have five special gatherings per year in the temple area.   Another possibility is having portable toilets brought in for the special events.  The Board requested the applicant to list how they are going to handle parking, over flow parking and septic system.

Caroline requested the scale be on the plan.  Buffering – there is dense vegetation on both sides between abutters.  Caroline mentioned the parking is a problem, not only for them but also when the Bonny Eagle Car Show, Christmas craft fair and Community Day are held.  She questioned whether the Town has a Special Events permit. Also should consider car-pooling.  Caroline asked that the applicant look from the prospective visitors point of view, that she has been discouraged from attending an events due to not having enough parking.  Caroline asked it they had talked to abutters about extending the walking paths onto their property?  The special events are all during the daytime and inside.
David has been struggling with the issue of how the ordinance relates to churches.  He does not consider them as a church, because their gatherings are not a weekly event.  Is it truly a church and do we the Board members make them obligated to provide adequate information to meet the church ordinance.  Harry explained that the Board has to make sure the applicant can meet the requirements of the ordinance for the five times they do gather.  Jere said they are following the land use table.  The proposed use is listed as a religious establishment.  The definition of church is not in the ordinance.  Peter Spano said he came up with an agreement of 60 spaces.   The applicant will need to submit the following information by December 3rd: parking plan, a narrative about the parking overflow and the plans for providing port-o-potties when needed and the septic plan and formulas included, fire marshals office info.  Trash pick up is provided for the residence, but in the event of a large gathering, you will be responsible for removing the trash yourself.    
·       Motioned by Keith, seconded by Barbara to schedule a site walk for the Buddhist Temple Tax Map 4, Lot 43 on Saturday, December 1st at 9 am.  Having no discussion the motion passed with a 7 – 0 vote.

CEO Report – no report but David asks about the buffer of Arborvitaes trees between the fence and the parking area of the Verizon cell tower located on the Town property.  Fred indicated the final inspection has not been performed and Central Maine Power has not connected to the site yet.   He also suggests other alternatives such as a stockade fence or other types of visual screenings.  Keith said Longhorn has started their other entrance.   Jere requested to supply the Board with Findings of facts or anything that pertains to landscaping or buffering of the Verizon application.  

Approval of Minutes:
        October 22, 2007 –
·       Caroline motioned to approve the minutes of October 22, 2007, Seconded by Keith, having no discussion the motion passed with 5 – 2 vote with Harry & Jim abstained.
           November 12, 2007
·       Jim motioned to approve the minutes of November 12, 2007, seconded by Jere, one correction and the motion passed with 4 – 3 vote with David, Keith and Barbara abstaining.

Approval of Bills:  None

*GS Direct – catalogue
*Goundwater Wells – workshop
*Email from Wanda Emery – requesting to be considered for the peer review  
*Phone call from Roxanne Eflin who serves on the General Assembly and on the     
 Executive Committee for Southern Maine Regional Planning Commission –  
 would like to discuss ways SMRPC can better serve the Board - December 10th  

Other Business:  None

·       Keith moved, Barbara seconded to move into workshop session to discuss the peer review letter for SAD#6 at 8:43 p.m. and the vote was unanimous.

Approval Date:  __________________

_________________________________                  _______________
    Jeremiah Ross, III, Chairman                       Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
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