Planning Board Minutes
June 22, 2009
Recorded by Krystal Dyer
Board Members Present: David Savage, Sr.; Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; James Logan; Caroline Segalla; and David Anderson
Others Present: Hazel Pinkham, Brenda Waterman, Pam & Herbert Hurd, Heather Pendelton, Annah-Joy Brunk, Dan Grover and Kimberley Grover
Chairman Harry Kavouksorian called the June 22, 2009, meeting of the Buxton Planning Board to order at 7 p.m.
Pledge of Allegiance
Public Hearing: Hazel Pinkham is requesting a conditional use permit for an in home day care at 92 Chicopee Road; Tax Map 2, Lot 1.
Motioned by Keith, second by David A. to open the public hearing, all voted in favor.
Brenda Waterman speaking on behalf of Hazel Pinkham, informed the board that they are requesting to open an in home daycare for a maximum of 12 children. Having no question from the Board members, abutters or the general public. Ms. Waterman said they are approved by the State, but cannot receive the actual permit until they are town approval. The State Fire Marshal has inspected and approved the application.
Harry read the standard conditions of approval:
1. All elements and features of the application 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
conditions of the approval. No change from the conditions 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 & 10.
3. That the applicant be in compliance with all applicable provisions of Section 11. (if applicable)
4. All outstanding bills paid.
With the following additional conditions:
5. submit a copy of State approved certificate
6. maximum of 12 children
Keith motioned that the Board finds the applicant in compliance with Articles 8.2.B, 10 and Section 11 if applicable, seconded by David A. The motion passed with a unanimous vote.
Motioned by Keith, seconded by Jere to approve the application with the conditions stated this evening and from previous meeting. All voted in approval.
David motioned to close the public hearing, seconded by Keith. All voted in favor.
Joanne of H. A. Mapes is requesting to relocate the existing canopy to the new diesel island. Tax Map 10, Lot 81A & B.
Joanne presented a plan indicating the location of the existing and proposed canopy. Caroline asked about the lighting for the proposed fixture, the applicant said it is a Scottsdale full cut off type of lighting fixture, which is designed to control light pollution from spilling past the property line. Will the lights be turned off at closing? Joanne stated yes. Jim asked if the location for the diesel pumps have moved? No. Keith thinks it is a good idea to move the canopy to the proposed location. A public hearing is not needed, it is a minor change to the plan.
Jere motioned to approve a minor site revision to the conditional use application for H.A. Mapes. Lot 81A & B, Tax Map 10.
Discussion of site walk for Annah-Joy & Greg Brunk of 460 Parker Farm Road have submitted an application for a Nursery School/Family Daycare; Tax Map 1, Lot 134.
On June 15th the Board held a site walk for Annah-Joy & Greg Brunk at 460 Parker Farm Road. David S. said there was plenty of parking. Jere was out of town but did do an individual site walk on Wednesday morning, note finding any issues. Keith said there was plenty of parking and with the construction site distance will be better. David agrees with Keith. Carolyn the driveway is set back and site distance was good. A change was made to the application to include daycare and the hours of operation – will be amended to 7am to 6pm, five days a week with a maximum of 12 children.
Keith motioned to set public hearing for August 10th, 2009, seconded by Jim, all in approval.
Jerry Oliver has submitted an application for a Conditional Use Permit to allow wood processing at 17 Henderson Drive; Tax Map 7 Lot 26.
Process tree length wood into firewood and deliver to local areas. There will be a maximum of 50 to 100 cord of wood on the site at any time. Hours of operation will be 8am to 5pm and possibly Saturday if the market is there. Caroline questions the location of the garage shown on the plan. Occupy an area to the left of the garage, approximately 50’ by 100’. The remaining area has been planted with over 250 christmas trees. Is the 100-year flood zone located on the map? Will any of the operation fall within it? Will the operation extend in this area? The applicant said he was not aware of it being in the 100-year flood zone. But there is a drainage ditch that runs out to Webster Road, which Fred Farnham thought
there would be ample drainage. Indicate the location of the driveway, parking, other existing buffers, abutters and their septic systems on the plan; the open field, location of operation; access to the street and location of septic and wells. Jim suggests applicant submit an aerial photo at the same scale and indicate setbacks, parking areas etc. Harry questions the retail – sales of the bark mulch, Mr. Oliver said the bark mulch would be loaded and delivered. Mr. Oliver has spoken to one abutter, who is concerned with the noise and the hours of operation. He works nights and sleeps during the day. Have talked with a few other neighbors they did not have any problems. There is a neighbor across the street with the same business but a smaller scale operation. No conflict of interest. Code Enforcement Officer Fred Farnham would be able to check with the noise meter at the property line. The noise will come from
the chainsaw and the conveyer, the which is very quiet. The noise will be from the first sticks in the truck which are noisy and bang on the bottom of the truck bed. This was an issue with the neighbors operation. Will work with the neighbors with a start time. Jim informed the applicant that they need more of a definite operational time for the application.
Jim questions the Bark mulch – the origin of the material will come from offsite with a 60-yard truck and loaded onto a 1 or 2-yard truck for delivery. Jim said stump grinding material is used for erosion control is the terminology, but feels that DEP may still need to be contact Eric Hamblen for a permit by rule. The Board is requesting more accuracy in the plan. Jere indicated the hours in the letter dated June 12th states 8am to 6pm. Mr. Oliver said 8am to 5pm Monday through Saturday. The bark mulch is already processed and will be sold for landscaping and not for erosion and sediment control. The woodchips from the chainsaw will be removed from the property. Jim asked that he be cautious with wood chips in the wet areas on the property.
David S. asked if the neighbors operation has regular hours? The applicant was not sure of his hours. Keith said the neighbors business was pre-existing the ordinance, making it a grandfathered business. The cutting will be processed through out the summer, will dry some and deliver to the public. Will not be working after dark, no lighting needed. Would like to have the wood on site prior to mud season through till the snow flies and shut down before winter. Keith said the water crossing Webster road is flat and the culvert is as deep as it can go. The board discussed if the bark mulch is considered retail sales vs. manufacturing. He is buying bark mulch, having it delivered his site he is then loading into his truck and delivering it to customers. Is this
manufacturing or retail sales? Retail sales is not allowed in the Rural zone. The Board would like to seek town counsel interpretation if bark mulch is considered manufacturing or retail sales.
The existing garage will be used for storage of lawn mower, tools, etc. and Mr. Oliver plans to rip-rap the drainage ditch to prevent erosion. The flood plain is on the submitted plan; Caroline said you are not allowed to be in the flood plain. Jere said you are allowed to build in a flood plain as long as you are one foot above the flood plain level. Does the Board want to send application out for peer review?
Jere motioned to schedule a site walk for Jerry Oliver of 17 Henderson Drive, Tax Map 7, Lot 26, for a conditional use permit for firewood processing of bark mulch sales on July 27th at 6 pm. Seconded by Keith, the motion passed with a 7 - 0 vote.
Forward all correspondence received from abutters to the applicant.
Jim asked about the septic system 600 sq ft (ordinance of 500 sq ft max) accessory dwelling over garage. This is separate from the application and Jim asked him to remove it from the application. The applicant welcomes abutters to attend the site walk. 11.23 concerned with parking with the business.
Motioned by Keith, seconded by Caroline, to set a site walk on Monday, July 27, 2009, at 6 p.m. for the above project. All voted in favor.
CEO Report: Fred is on vacation
Caroline asks if the Board is allowed to review accessory buildings applications. After discussion the Board determined that Fred would review the applications, with emphasis on the parking area.
Approval of Minutes:
June 1st, 2009 Caroline motioned to approve the minutes of June 1st as written, seconded by Keith. The motion passed with a 6 - 1 Harry abstained.
June 8, 2009 Caroline motioned to accept the minutes of June 8th as written, David S. The motion passed with a 7 - 0 vote.
Approval of Bills:
Pay Portland Press Herald in the amount of $26.10 for Turek and Pombriant legal ad.
Motion by David, seconded by Jim. To accept and approve for payment for legal ads for the Turek and Pombriant in the amount of $26.10. The motion passes with a 7-0 vote.
David, motioned to approve to Southern Maine Regional Planning in the amount of $1, 210.00 for the final installment for shoreland zoning updates,
Discussion: Jim asked if they should hold back full payment for final satisfaction? Keith recommends paying $1,000 now and holding back the $210.
seconded by Jere the motion passed with a 6 – 1, Keith opposed.
Krystal will contact SMRPC to change colors on zoning maps.
~Letter from abutters on the wood processing application
~ Granite State Gas Pipeline Transmission pamphlet – N/A
~Letter from Ron & Mary Arborio for a fast food drive through – proposing a drive through across from Hannaford on
Portland Road, located in the rural zone. There was discussion over what use it falls into. Restaurant or Retail
Business? The Board would like to seek legal council if it is a restaurant or retail business - get more
Information from applicant, like if it will have space to eat in side, traffic flow, etc… before contacting legal council.
~Key bank performance guarantee letter of credit for the Normand Berube project - The applicant does not specify the
subdivision name or itemized breakdown of the construction cost. Section 13.5 indicates what they need to have.
~Maine Floodplain Management – workshop Krystal, Davis S., Caroline and the Highway Director will be attending.
~H. A. Mapes is hot topping the parking area.
~Approval of findings of facts:
Rebecca Turek – amend the additional conditions to include a copy of State fire marshal and annual state approvals to be in file.
Jim motioned to approve as amended, seconded by Jere the motion passed with a 7 –0 vote.
Mark Pombriant –
Jere motioned to approve finding of facts for Mark Pombriant for auto repair/auto sales. Map 10’ Lot 16A-4. , seconded by Keith;
Discussion: additional condition #5 is to read No more than 25 vehicles,
Jere based his motion on as amended to 25 vehicles, the motion passed with a 7 –0 vote.
Information on nursery schools vs. daycares – Krystal supplemented information from previously approved applications for the board to compare with existing Brunk application.
Pleasant Ridge Subdivision – Still waiting for a performance guarantee, DEP and Keith said we are still waiting for a letter from the Road Commissioner for road on Narragansett Business Park.
Election of officers:
Chairman – Jim nominates Harry Kavouksorian as chairman, seconded by Jere. With no discussion the
motion passed with a 7 – 0 vote.
Vice chair – Jim nominates Jere Ross for the Vice Chairman position, seconded by Harry, having no
discussion, the motion passed with a 7 – 0 vote.
Treasurer – Jere nominates David Anderson for Treasurer, seconded by Harry, having no
discussion, the motion passed with a 7 - 0 vote.
Secretary – Jere nominates Caroline Segalla as Secretary, seconded by Jim the motion passed with a 7 – 0 vote
David S. Motioned, and seconded by Harry, to adjourn the meeting at 8:44 pm.
Approval Date: __________________