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Planning Board Minutes 11/26/2012
Town of Buxton Planning Board
Minutes
Monday, November 26, 2012 at 7 pm

Prepared by Krystal Dyer

Board members in attendance: John Vedral, David Savage, Christopher Carroll, Keith Emery and Nicholas Murray.

Board members absent:  Lawrence Curtis

Others in attendance: Edward Brackett, Joanne Toone, Peter Whitten, Henry Huntley and Les Williams.

Call to Order:

Pledge of allegiance:

Michael Skillings of 55 Skillings Road is requesting a Conditional Use Permit allowing him to operate an auto repair garage.  The parcel is located in the Rural Zone on Tax Map 1, Lot 194-10.

Lester Williams of Saco said he would like to open an auto repair garage at 55 Skillings Road.  He and property owner Mike Skillings filled out the questions to the best of their knowledge.   On 8.2.A.1, they would bring their waste oil to Risbara.  The oil is safely transported in barrels, and they use it in a waste oil furnace.  There will be no water pollution, as all work is done in the garage.  Any fluids are kept in a concrete containment area within the garage.  No fluids or fumes will exist outside.  There will be no adverse impact - do not know the land very well but there are no streams visible from the garage.  

Keith requested that the applicant explain in the answers, why the article sections are not applicable.  Mr. Williams stated that all oil and work will be inside the garage, any spillage would be contained to this area.  Mike said he was going to add on to the garage, but it is at the maximum size allowed.  He will build a shed to store the tools instead.  

Mr. Williams said there is not a body of water in the area.  He would like to put a sign out on the Long Plains Road.  Fred will help with the sign specifications.  The garage is not visible from the road; it is approximately 1700 feet down the driveway, so there will be no excessive noise.   A sign would be helpful; but if not allowed, they will use the "Smart Shopper" to advertise.  There is plenty of parking, and they do not intend to add any parking.  Landscaping and lighting will stay the same.

Questions from the Board:
Nick asked if the property is on the water.  Mr. Williams said that Fred submitted a copy of a map indicating the location of the aquifer overlaid on the tax map.  The property is not over the aquifer.   David said there is a major outlet from Bonny Eagle Pond, so will DEP need to be involved?  Keith's thought is no, but he's not sure.   Mr. Williams said he does have a hazmat license and believes if over 100 gallons spills, then DEP needs to be notified.

John said you are speaking as if there is already an operating garage at this site.  Mr. Williams said that he and Mike tinker a bit on weekends for their friends.  No money is exchanged or an actual business.  They were just seeing if they could go forward with it.   

A sign at the end of the roadway is in the residential zone.  A garage is not allowed in that zone.  John is not sure if you can put a sign for a business that is not allowed in that zone.  He suggests looking into that.  The first 300 feet from Long Plains Rd is the Residential District; beyond is the Rural District.  Mr. Williams said he would like to operate professionally and run it by the books.  
David wants them to include the location of wells.  Krystal pointed out that the wells are indicated on the map with a "w" in a circle.

Keith asked them to complete the sample paperwork and submit for the next meeting.  Does anyone want to schedule a site walk or wait for more information?

John motioned to schedule a Site walk for Michael Skillings and Lester Williams for a garage request at 8 a.m., December 1, 2012; seconded by Nicholas.  The motion passes with a 5 - 0 vote.

CEO Report:  None

Approval of Minutes:
October 8, 2012
"       Motioned by John, seconded by David, to approve the minutes of October 8, 2012.  The motioned passed with a  5 - 0 vote

October 22, 2012
        No quorum; table for next meeting.

Approval of Bills:
To pay Portland Press Herald $226.80 for the legal ad for the zone change.  The legal ad and the postage for abutter notices were pre-paid by the petitioner on October 1, 2012.
"       John motioned to approve the expenditure of $226.80 by the Chair to the Portland Press Herald, seconded by David, with a unanimous vote of 5 - 0.

To pay Maine Municipal Association $40.00 for a class board member Christopher Carroll attended in October.
"       John motioned to approve invoice for $40 to Maine Municipal Association, seconded by David, and the motion passed with a 5 - 0 vote.

Normand Berube Builders is requesting a release of funds in the amount of $81,020.00 from the Line of Credit for Fogg Brook Subdivision; Tax Map 9, Lot 15.   Normand Berube Builders is requesting the Board to release $81,020.00 for work that is complete on Fogg Brook Subdivision.  
"       David moved to release funds to Normand Berube Builders for the sum of $81,020 for the line of credit for Fogg Brook Subdivision, seconded by John.      
Discussion:  Nicholas suggests releasing part of the funds, since the Fire Chief indicated the correct suction assembly connectors are not installed.  After further discussion, the Board agreed to withhold $10,000 - reserving the amount for the fire tank.  Krystal will check with the Fire Chief to see if the connectors are complete before the next meeting and then the Board can release the remaining $10,000.
"       David amends his motion to release $71,020 based on the information submitted by the Fire Chief on the fire tank, seconded by John, and the motion passed with a 5 - 0 vote.

Communications:
~ Barry Hobbins LD1675 - the redevelopment of unoccupied mills or other  
    unoccupied buildings.
~ Maine Townsman - October & November issues

Other Business:
John submitted some sample language for the sign and post requirements and recommends adding it to Article 12.12.  The Board discussed where to insert the sample language.   The standards are already in the subdivision packets.  Add to Article 12.12, include at the end of specifications, and re-number 12.12 through 12.16.  Keith does not have any issues with the submission.  All amendments will be sent for the Attorney's review before the June meeting.

Attendees may address the Board on the evening's business:
Edward Brackett lives at Map 1, Lot 63, directly across from the Skillings Road.    Mr. Brackett has a lot of concerns with him running the garage.  John explains this is not the public hearing, and he is on tape.  Mr. Brackett continued to explain that along the property down back, it is covered with springs that run off.   Mr. Bracket continued, "When Mr. Skillings purchased this property, I had no problems, but he does have a problem with what goes on there.  He uses Route 22 as a test track, laying rubber all the way up and down the road.  I question allowing this business to operate."
 
John suggested he should take some of these issues up with the Police Department, and they should be discussed later, at the public hearing.  Mr. Brackett said he will attend the site walk and be back for the public hearing.  The Board thanked him for bringing these issues to their attention.

Adjourn.
"       Motioned by John, seconded by David to adjourn the meeting at 7:40 p.m.  The vote was unanimously in favor.


Approval Date:   __12/10/12_________


________________________                                ________________
                Keith Emery, Chairman                                   Signature Date



 
Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm