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Town Seal
Planning Board Minutes 06/28/2010
Town of Buxton Planning Board
June 28, 2010

Recorded by Hilda Lynch

Board Members Present:  Scott Havu, David Savage, Sr.; Jeremiah Ross, III; James Logan; Caroline Segalla

Board Members Absent:  Harry Kavouksorian and David Anderson

Others Present:  Timothy and Ellyn Phelps, Fred Farnham  

Vice Chairman Jeremiah Ross called the June 28, 2010, meeting of the Buxton Planning Board to order at 7 p.m.

Pledge of Allegiance

Timothy & Ellyn Phelps are requesting a Conditional Use Permit for a restaurant and retail sales.  Located at 414 Narragansett Trail in the Business/Commercial Zone; Tax Map 5, Lot 48.

        Tim Phelps spoke about their plan to move his wife’s craft shop out of their basement and start a restaurant.  There is a newer part of the building that he could bring up to code to have a restaurant where people could go to eat and perhaps purchase crafts.  They’re planning to have a drive-through Southern breakfast service, lunch and dinner.  The morning service would be more like a fast food place.  Lunch and dinner will be for people to eat on site.  They’ll have different options for food.  
        While waiting to be served, people will have a chance to go outside to a fenced in area where children may play.   Coming off the corner of the house, there will be a fence all the way around.  It will be far enough back so that the snow would not affect the fence.  He pointed out where a gate will be from the parking area so there will be access to a wheelchair ramp and door for people to enter.  He pointed out three places where there would be wheelchair ramps.  At night, they will lock the gate.  
        Mr. Phelps pointed out where people would be able to park including probably two handicapped parking spots and a paved area.  He’s asking for approval not to pave the whole parking lot.  They’re trying in the process of taking the barn down that is near the building.  They need approvals for this.  Mr. Phelps mentioned some turn lanes and he is working with contractors for bids.  A grove of trees that will be removed, once he gets approval to start, he’ll be able to take care of these things.  
        Tim’s been in touch with the Health Inspector.  They realized that there would be a need for a septic system (1500 gal. tank with two-stage trap that will run into the leach field).  He pointed out greenhouses on the map that were no longer there.  He showed the area that was going to be used for parking.  They’re trying to have 33 ft. at the entrance and have two exit lanes.  They’re tearing up some asphalt and re-placing the curb.  Mr. Phelps pointed out the area that would be paved with lined parking spaces and constructed with 100 % recycled asphalt around the outside.  The paved area will be directed to the area where the barn is now.  He’ll put in barriers so people won’t drive over the leach field, which will actually be in the fenced-in area.
        Caroline asked him to list the setbacks, the location of trees, and which trees will be removed.  Tim mentioned their goal was to open the last week of October and realizes he has a number of things that he needs to do.  He’s looking at a well and treatment system for water and plans to have everything on paper for the next meeting.  The restaurant will be a place for sit-down meals.  
        Caroline asked how the drive-through would work.  Tim illustrated that for her.  She asked if he wanted people to come off 4A.  He explained that there would be one car ordering, one at the window and one waiting.  Caroline asked how they would control the stacking.  If there’s more than two or three cars, he explained how he would have people wait.  Caroline says that she guesses they would have to see how it will be laid out.  She thinks it is a good location for visibility.
        Tim says they’re going to paint the building, and the project would be a work in progress.  He mentioned getting the barn sold.  Did DOT ask about a vehicle peak, Caroline asked.  Tim said they did, and he doesn’t think they’d have more than 50 an hour.  His goal is 30-40 in the morning.  He’d like to see it built up to 70-80 cars during breakfast hours.
        Caroline asked about a seating area where benches will be.  He builds many things that they’ll have in the restaurant so people will be able to buy the furniture that they will be using, Tim says.   
        Caroline would ask the Board about consulting traffic engineers to see if the turn radius will be suitable for this use since it is in a high-crash area - to make sure the driveways will not be in close proximity to intersections.  She mentioned a storm water plan, and the location of the shoreland zone area (to show it on the plan).  She believes they’re 75 ft. or more from the shoreland zone.  She’d want to see this on a site location map.  Tim mentioned some grass and shrubs he will put in.  Caroline noticed that his exit will come almost directly across from Hannaford’s.  Tim clarified and mentioned they’d have signage to direct people.  They’re asking for permission for three lanes for safety.  Caroline asked about any pedestrians crossing the street to his place of business.  Tim was somewhat uncertain about that.  
        Tim asked when he might gain approval.  Board members told him that it would depend on when the application is complete and when they have a public hearing.  Jim suggested that he purchase a copy of the ordinance booklet.  He’s trying to become educated on the things that he needs to do.  He’s owned a restaurant, but this is the first time that he’s had to do something of this scope.  Caroline will write up some information for him about what needs to be shown on the map and get it to Krystal.  He believes he can meet all the State and local codes.  
        Tim asked if there would be any problem with having a restaurant there if he could meet all of the codes.  Jere said he didn’t see any reason why he couldn’t as long as he could meet the codes.  Jere mentioned regulations that the State has and local overlapping codes.  He said that Fred will be responsible for some the life safety issues.  He believes the State Fire Marshall will need to be involved.  
        Caroline is not really in support of an entrance from Rt. 202 and she’s not too sure about the width of the 4A driveway.   If there’s a 500 ft. distance between them, she thinks there could be an extra one.  Jere thinks the curb cuts would be MDOT’s issues.  They want to direct traffic out onto Rt. 4A, Tim says.  He has some people looking at designing the parking lot.  Jim asked if there was an engineer.  Tim says it is a paving company.  
        Jim says that he has some serious concerns about any drive-through in this traffic intersection.  He’d gently suggest an engineer or someone who does traffic analysis that says his proposal is safe and adequate.  DOT will only address the public road issues.  He said that Tim might want to check with the Tory Hill store people.  
        Jim says that the rule is that the well has to be 300 ft. from any septic system.  He doesn’t know if the well is in a place where he could have this.  Tim says he is talking about buying potable water in bulk.  Jim mentioned 150’ with a variance and some kind of treatment.  Jim mentioned him not wanting to drive on his septic system, and he doesn’t see how he can avoid this.  He says there are septic systems designed to go under parking lots.  He is concerned about adequate parking and in and out flow to his proposed take-out area.  Jim asked about the drive-through window - for orders called in and/or orders taken there.  Tim says he doesn’t have anything “ground in stone” at this point.  If people have to wait for food to be prepared, there could be a major problem with cars lining up.  His menu would be quick serve for breakfast so doesn’t anticipate a lot of vehicles lined up.  Jim says he has a bigger concern about traffic and would like to see some careful analysis of this.  Tim says he needs to get a written proposal about his drive- through hours so some big company won’t come in and buy his operation and have items grandfathered.
        Jim asked Fred if they are reviewing everything here where restaurants are a permitted use in the Business/Commercial Zone.  While they’re hearing the proposal for the restaurant, is it because of the craft store that they’re coming before the Planning Board?  Is it their interest that the craft store proposed is over 2,000 sq. ft., which isn’t a conditional use?   Caroline thinks it would have been referred to them because of the scope of work.  Fred says he thinks it is the combination of businesses.  
        With regard to crafts, are they going to do any manufacturing on site?  Tim says they have a craft store in their house right now and are open on weekends.
        Scott wondered when the switch would be between the morning drive-through and the next mealtime.  Tim says they’re looking at 10 a.m. for the cut off.  Scott wondered if people could call ahead and come to the take-out area to pick up their food.  Tim said he’d probably have someone on site working at approximately 4 a.m.  Scott asked if the craft store would be open when the restaurant was open, and Tim said it would be.  They’re proposing 6 a.m. - 8 p.m. Mon. - Thurs. and Friday and Saturday until 9 p.m.
        David S asked about having inside dining during the take-out hours.  Tim said they could also come inside and dine during the morning.  They’re going to design things “family friendly” to the best of their ability.  David S said his biggest question is the parking lot.  He refers to a five-year lease that Tim would have.  He asked about the paving of the lot that Tim doesn’t think he can afford right now.  Fred said that it is up to the Board but thinks that there are instances where other materials can be used.
        Scott mentioned that there are some re-claim materials that will cut down on dust.  David S asked how the lines would be done.  Caroline mentioned wheel stops, and Tim agreed that this is what they’d use.  They’ll have some signage to direct people.  He’s still thinking of having someone to come in and plan things for him.  David says that he has a lot interconnected so if the parking isn’t done the way it should be, then where will he be.  Tim says he’s going to go through Fred for advice about everything he does.  Caroline mentioned that there are a number of materials that can be used for the parking lot.  Jere referred to 10.7.B.3.  Caroline mentioned him checking with fire and police to make sure that the property is suitable for the purposes they‘ve planned.  He has a meeting set up with SCORE for a business plan expert, and they’ll probably have suggestions regarding the parking lot.   Jere referred to the ordinance regarding exits and entrances.  He suggested Tim having someone go through the ordinances.  Jim says that he needs to decide on the maximum number of seats for the restaurant.  Tim said they’ve decided on 50.  They’d need 17 parking spaces for the restaurant and 15 for the craft store.  Jim says to only plan as much parking as they need.  The more concise he is with things he brings to the Board, the easier it will be for them to see if it meets the standard and vote on it.
        David S asked if there is any room to go around the building without going back out onto Rt. 202.  There is a tree that Tim is considering taking down but says his father-in-law doesn’t want to remove it.  He mentioned coming around the tree.  He doesn’t want people to drive all the way in front.  David clarified that he’s looking for a lane going to the window and one where people can get out of the flow and park - to keep people out of the main road.  Caroline asked if David is talking about parking within the setback or buffer area.  She refers to 10.7.C.3, which says they’ll need to maintain the setbacks.  Jere thinks they need a more detailed plan, which includes the location of buildings, the locations of entrances, the specific number of parking lots, etc.  More specifics will be helpful.  Caroline suggested Phase 1, Phase 2, etc.  There may be a performance guarantee needed.  It’s okay to think of a work in progress with more set dates for progress.  Tim is waiting for approvals from MDOT before he puts a lot more money into the project.  
        Caroline recommends the plan to show with and without the drive-through.  Tim is pretty well set on the drive-through for a few hours.  She mentioned they might not have the window but have a place where people could park to pick up food.  Tim says that this would be doable.  
        Jere mentioned the Articles of 8.2.B.  He’s afraid that some professional help will be needed for the site plan, the traffic and the wastewater disposal.  Tim has been working on these things.  Jim says that the Steve Marcotte work is preliminary.  Jere asked if taking the barn down rests on approval from the Planning Board.  Tim says that once he knows he can have a restaurant on this site from the Planning Board, the owner of the barn is looking for approval from DOT.   Jim mentioned a lease having a condition regarding the barn, and Tim says it does.
        Caroline asked if he is looking into any grants.  Tim says he’s going to SCORE for help with things like that.  Jere thinks that any professional help he gets with plans will help him with contractors that he’ll need to contact.  Jim mentioned him getting a copy of the ordinances.  Tim says he’s read it.  He’s been focusing on the food business regulations.
        Jere asked if they had enough information for the site walk.  He doesn’t think things are laid out enough for them to do this yet.  Jim thinks it is a bit premature at this time.  Jere asked when Tim thought he could have all of this stuff ready for them.  He said he could have it ready in three weeks’ time.  Jere said he’d have to give them their paperwork a week before the meeting so they’d have a chance to digest the information.  Everything would have to be in by the 2nd of August for the meeting on the 9th.  Tim said he thought he could.  
        Jere mentioned the DOT permit, traffic engineering, storm water management plan (Jim clarified the runoff that might originate from any new parking area - the # of inches in a 25-year storm requiring some analysis),  clarification of the property being within the shoreland zone, septic design, department head review, and life safety issues.  Caroline said she’d make a list to forward to all of the Board members and have information sent back in to Krystal.
        Tim thanks the Board for their time and thoughts.

CEO Report

        No report

Approval of Minutes:  
        June 14, 2010 -
        Top of p. 4 - No. 5 - does this clarify Krystal’s question about hours?  
  • Motioned by Jim, seconded by David S, to approve the minutes as written.  Four voted in favor; Caroline abstained.
Approval of Bills:
Portland Press Herald for $43.50 to cover legal ads for the public hearings for Zoning and Shoreland.
  • Motioned by Jere, seconded by David S, to approve payment of the above bill.  Five voted in favor.
Portland Press Herald for $25.23 to cover legal ads for Colonial Tree’s public hearings.
  • Motioned by Jere, seconded by David S, to approve payment of the above bill.  Five voted in favor.
        Jere asked Caroline to fill out attendance for this evening.

        ~Arc News
        ~Arc User Magazine
        ~Pamphlet regarding digging around gas lines, piping, etc.
~Letter and two e-mails from Sebago Technics, Deluca-Hoffman, Sevee and Maher who are willing to  serve on an as-needed basis.  Sevee and Maher was first, Deluca-Hoffman second, and Sebago Technics third.
~Letter from Kennebunk - in reference to issues at the public meeting about changes in the shoreland zoning.  The burden of proof is on the owner.  They’d have to wait for DEP to amend the actual map.  This is an example for the Board to consider, Caroline stated.  This is a clear guideline for property owners if info provided by DEP is incorrect.  Caroline mentioned having some workshops on this with people who are interested.  She mentioned having one in July.  Everything would have to be ready by August in order to get it on the November ballot.  Jim clarified that this would provide a potential change to the zoning ordinance, an official way to make a correction to the resource protection zone by a landowner.  The Planning Board would review.  It puts control into the town’s hands.  
Jere thinks it’s going to wait for another year.  Caroline believes DEP is not going to wait.  Jere mentioned $8,000 and two years of work has been done on this.  He thinks the townspeople spoke very clearly at the town meeting.  Jim would like to sound the whole Board out on this topic.  Caroline thinks it is a waste of town funds and only a small group of people spoke at the town meeting on this.  Jere said he feels this will take at least a year, and Scott concurs because he thinks people knew what they were voting on and it would take more than a year to work on this.  Scott thinks it would be a good idea to reach out to landowners who came to town meeting.  Jim thinks they should go out to the general population.  Caroline thinks they need to do a better job in getting people to come in.  She thinks that maybe the second meeting in August would be a good time to bring people back.  Jere expressed concern about the attitude of the public during the town meeting.  Jim says that can’t prevent them from needing to do what should be done.  Jere thought things were all lumped in together and that some definitions needed to be listed separately in the warrant.  Jim suggests that the process should continue.  
        David S suggests tabling this until all of the members are present.  Scott supported some of the residents that were at town meeting in the Board having a public comment portion of their meeting to get things resolved.  The Board would only be hearing from certain folks if there is a public comment section, some Board members felt.  The Chair does have some discretion over this.  Jim believes that it is not appropriate since there is a public hearing process.  Scott says that the Board has the ability to limit public comment.  Jere says that anyone who writes a letter or e-mail to the Board gets a review by the Board.  If the person comes before the Board, the Chair could possibly involve the letter or e-mail writer in a meeting.  Several Board members mentioned that workshops are open to the public.  Jere mentioned scheduling a shoreland zoning workshop in August.  
Caroline mentioned she’s found another bill.
Portland Press Herald is owed $24.36 for the continuation of the Colonial Tree and Landscaping public hearing.  
  • Motioned by Jere, seconded by David S, to pay the above.  Five voted in favor.
Bill Plouffe sent some correspondence regarding the Buxton zoning map and questions about the Colonial Tree application.  Jere would like to wait on this until all members are present.
        Jere discussed a Boardsmanship workshop by MMA in Saco on November 18.  He wondered if Scott would be interested in attending that.  Jere wanted Krystal to find out if SMRPC is doing one.  Caroline wondered if all of them should attend.  Ask Krystal to sign them up for it.  Is there another one being done by SMRPC before that?

Other Business:
        Review and Sign Findings of Facts for Colonial Tree
        Caroline asked about a quorum of people here for this hearing.  She guessed there was one.  She noticed on p. 3 - hours for Saturday should be deleted.  David S said Ira came to Krystal to ask about him using his business on Saturday.  The question was about the sawmill.  Saturday hours would be for the previously existing Colonial Tree business only.  No. 9 - 8.2.B.4 - will not have any wastewater - Jim thinks there was wastewater being addressed by portable port-a-potties.  No. 36 on p. 3 - 11.12.A.2 refers to a port-a-potty on site.  He wouldn’t differ from the first 36, but info should be added to No. 9.  David S asked about the fuel tank sale, which is a condition.  How about the RV?  Is it privately owned and registered?  Jim didn’t think the Planning Board had any jurisdiction on this.  Others agreed.  Didn’t they put 60 days on the landscaping requirement?  No. 24 is incorrect but Jere mentioned that No. 41 has information that talks about trees.  No. 22 refers to an 8-ft. fence as does 41.  Were there any conditions about damage to the fence or buffer trees dying, Caroline asked?   No. 43 refers to the fence, trees and gates with chains, which should be included.  They’ll hold on approving for another meeting.

Review By-Laws
        Jere wants to wait for a full Board before looking at by-laws.

  • David S motioned, Jim seconded, to adjourn the meeting at 8:58 p.m.  All voted in favor.       
     Approval Date:  _8/9/2010_________

_________________________________           _______________
               Jeremiah Ross, Vice Chairman                 Signature Date

Town of Buxton
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