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Town Seal
Planning Board Minutes 07/09/2012
Town of Buxton Planning Board
July 9, 2012 at 7 pm

Recorded by Krystal Dyer

Members in attendance:  Harry Kavouksorian, Keith Emery, Lawrence Curtis, Christopher Carroll, David Savage, Nicholas Murray and John Vedral.

Members not in attendance: none

Others in attendance: Rich Chaisson, Gail Landry, Ronald Dearborn, Henry Huntley, Cliff Thomas, Code Officer Fred Farnham, Donald Snow, Robin Milliken, Nancy Pierce, Steve Blais of Blais Civil Engineers.

Call to Order:

Pledge of allegiance:

Public Hearing: Gail Landry for a Conditional Use Permit allowing an Inn/Events Facility at 668 Narragansett Trail.  The property is located in the Business Commercial District on Tax Map 6, Lot 36.
"       Keith motioned to open the public hearing, seconded by Harry, with a unanimous vote.
        Steve Blais of Blais Engineering was hired to look at the erosion control and grading of the 60-space gravel parking area. MDOT has approved the entrance permit.  The parking area is very efficient with double loading on both sides.  They have graded the edge in the lower area and split the run off to go around and under the driveway.  A culvert was added to direct water under the driveway.  This project is using standard erosion control, which includes check dams; and for overall drainage, there is a lot of relief in the area.  The water has the shortest path off the surface.  The main objective is to keep the parking area dry and very low maintenance.  The parking area is tucked in behind a buffer of trees to keep it less visible from the event area and the road.  
Harry asked if there will be an increase of water to the stream and culvert under Rt. 202.  Mr. Blais explained the current drainage runs on the other side of the road and eventually into Duck Pond.  He said there would be some, but not as much as if it were paved.  The gravel surface will create less run off.  
Larry said the lot designed on the plan shows 60 spaces.  With a gravel lot, how would you designate the parking spots?  This was a concern; so they will have parking attendants for each function.  
Nicholas asked if they had any plan for lighting the parking lot or the path.  There is no plan for lighting at this time.
Keith commented that he has seen a wedding after dark and the only lights on are under the tent.
John said his only concern was with the hammerhead turn, which he brought up at the last meeting.  They've made the four handicapped parking spaces into the service area and a turnaround.  This area was initially for a drop off area.  They were hoping the people who needed help would be dropped off and then have their car parked.  Harry asked if Code Officer Fred Farnham had any issues with the handicapped spaces being removed.  John said the four spaces were added after the preliminary plan.  He is okay if the slash marks and the wording "four spaces" are removed from the plan. The number of parking spaces was dependent on what the Fire Marshall determined was the maximum number allowed for the building.  John is not sure if we ever received a firm number.  Mrs. Landry has indicated a maximum number of 200 people.  
David Savage asked if the drop-off area will be marked or will there be any signage?  They feel the parking attendants will manage the traffic flow.
Christopher asked if the shape of the four spaces would conform to the needs for an emergency vehicle.  The Board agrees the four spaces would be large enough for an emergency vehicle to turn around.
        Having no comments from abutters or members of the public, Harry asked Fred if he had any comments or concerns.
Code Officer Comments:  Fred asked if there are any walkways from the parking to the barn.  There are not, but the front of the barn will be ramped.  Steve said that was his initial concern - the pedestrian movement. After speaking with Gail, their initial intention was to keep guests' feet dry.   To engineer the paths would be a little overkill; they would like to see where people walk and wear down a path and go from there.  They are planning a path, and people with handicapped issues will have safe access to reach the barn.  

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.

"       Harry motioned to waive the reading of articles under 8.2.b and 10, seconded by Keith, and the motion was approved with a 7 - 0 vote.

"       Harry motioned that the applicant is in compliance with 8.2.b and 10, seconded by Keith, and the vote passed with a 6 - 0 vote, one (1) abstention from Christopher Carroll.

"       Harry motioned that the applicant is in compliance with all applicable provisions of Section 11, seconded by Keith.  The vote passed with a 6 - 0 vote, one (1) abstention from Christopher Carroll.

"       Harry motioned to approve the application with the conditions stated and from previous meetings, seconded by Larry, and the motion passed with a 6 - 0, one (1) abstention from Christopher Carroll.

Mrs. Landry hopes to have an Open House some time in September.

Dearborn Brothers, LLC is requesting an amendment to the operation start time from 7 a.m. to 6 a.m., at the 249 Webster Road gravel pit.  Located in the Rural District on Tax Map 7, Lot 28D.
        Ron Dearborn, owner of Dearborn Construction, would like to have the business start time hours changed from 7 a.m. to 6 a.m.  Currently, they send 5 to 6 trucks to the Waterboro pit and back to the job site.  It's 11 miles there and 11 miles back.  At 80 cents a mile for fuel and traffic now by the time they get to the job site, Mr. Dearborn would like the same start time as the other surrounding gravel pits.  
        Harry confirms that they are requesting the extension to 6 a.m. on Saturday, also.  After checking with the Town's Attorney, the board does have the authority to extend the hours, but we do have to have a public hearing.

Questions from the Board:  Larry said the statement was made in the letter submitted with the application, "the pit does not experience a great deal of activity, and we do not keep a large number of trucks hauling out of this pit at once.  There are many times a year when we do not even have an operator working in the pit." Please expand, how many trucks are there on a daily basis?  Mr. Dearborn said that 4 to 5 trucks are going in and out approximately six or seven times a day.  It depends on the job location; with a job out of Gorham, it would be easier to use this pit.  Mr. Dearborn said it would be the same number of trucks - just starting an hour earlier.  Some mornings, it could be one truck and other mornings it could be six trucks.  I own a total of ten trucks.
Nicholas is concerned with volume, also.
Keith said he was on the Board when this was approved, and there was a lot of go around with the hours of operation.  
John asked if they have the ability to load the trucks the night before.  Mr. Dearborn said it is not good for the trucks to sit with the weight of the load.  Are other pits' operation times set by the Planning Board?  Harry said the records are murky, and Krystal could not find any start times listed.  Keith suggests looking at Grondin, Gorham Sand & Gravel and Pompeo's Conditional Use permits; they've come before the Board for an amendment, and they are no longer grandfathered and have to come for a Conditional Use permit.   John continues asking which two pits have 6 a.m. or earlier start times.  Mr. Dearborn listed Pompeo and Gorham Sand & Gravel and added that most pits do not have a start time.  What do you do if you get a night contract?  We haul the previous day and stockpile, hoping there is enough, or we haul out of another pit at Church Hill Road.  
David asked that since the pit has been in operation, have there been any new houses in the area?  Yes, Julie Pompeo has just built a home on the corner.    
Harry asked Fred if he has had any calls or complaints. Fred said that as far as new houses on Mr. Hague's property alone, he has had four new houses.  There have been no complaints about the gravel pit, and Mr. Dearborn has always informed him of when and how long the crusher is going to be there and has always worked within the limits required.    David said that anyone who has built a house there should not be complaining.  
Christopher has no comments at this time.

Normally the Board does not meet in July, but due to the unfinished applications, they met this evening.  Harry polled the Board to see who will be available on July 23rd.  
"       Motioned by Harry, seconded by David, to set the Public hearing for Dearborn Brothers to amend the Conditional Use permit to move the start time from 7 a.m. to 6 a.m. Monday through Saturday, for July 23rd.  The motion passed with a 7 - 0 vote.
The public hearing will be limited to that one issue.

CEO Report:  none

Approval of Minutes:
June 25, 2012
"       Motioned by Keith, seconded by Harry to accept the minutes as written, motion passed with a  7 - 0 vote.

Approval of Bills: none

        Maine Townsman - June issue

Other Business:
        John would like to amend the By-laws; he would like to suggest having an open time for public comment on the agenda.  Harry said others have expressed an interest and recommends limiting it to what is on the agenda for that evening.  The Board had further discussion.  
        Krystal amended the website by adding the ordinance under "Downloadable Forms" as mentioned at the last meeting.

David motioned to adjourn the meeting at 7:44 p.m., a unanimous vote.

Approval Date:                                  

_________________________________           _______________
               Harry Kavouksorian, Chairman                      Signature Date

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