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Town Seal
Planning Board Minutes 02/11/2013
Town of Buxton Planning Board
Monday, February 11, 2013 at 7 pm
             All meetings are held at the Buxton Municipal Building located at
                  185 Portland Road, Buxton, Maine 04093

Recorded by Krystal Dyer

Members in attendance: David Savage, Christopher Carroll, John Vedral, Nichols Murray and Lawrence Curtis.

Members not in attendance: Keith Emery

Others in attendance:  Henry Huntley and Code Officer Fred Farnham.

John Vedral called the meeting to order with the pledge of allegiance.

Daniel & Roberta Aceto are requesting an expansion of their Conditional Use permit for a warehouse & outdoor storage facility.   Aceto Construction is located at 1027 Narragansett Trail on Tax Map 8, Lot 20A-35.
Andy Morrell of BH2M representing Daniel & Roberta Aceto presented the plan.  Back in 2008, the Aceto's received conditional use permit for warehouse & outdoor storage on lot 20A-35A.  Sheet number one shows the existing building as is today.  The existing building houses the office and storage bays for repair of equipment they have on site. If you drive by the site you will see vehicles and stockpile of materials in back.  The Aceto's would like to purchase the abutting 3-acre parcel between their property and Atkinson Road.  They intend to accomplish three goals by expanding onto this property.  Clean up the existing lot by moving the materials stockpile away from the building.  Move the vehicles away from the building also, making it more aesthetically pleasing to visitors.  There is five to seven-foot knoll on the left side of the site, they would like to knock it down and flatten out the site.  The third and long-term goal would be to build another building on the new lot.  They have no immediate plans to begin this. The proposed building is a 2400 sq. ft. mechanic or rental building with a separate access driveway. The building will be served by subsurface waste disposal, underground utilities and well.  At this time they would just like to expand the gravel parking area to store equipment and stockpile materials.  Another big advantage is from a stormwater point of view, this site received a site location permit from DEP in 2010.  They are proposing a wet pond on site that will treat both quality and quantity of the entire site.  For the existing and future proposal.  This is a drastic improvement from a drainage point of view.  This will require an amendment with DEP.   The Aceto's goal would be to move forward with the State and then come back before the Board.  Would be requesting a waiver for the nitrate study.  They did receive comments from the Buxton Fire Chief and would like to work with the fire chief on the fire suppression.  Will work towards the proposed wet pond that will hold 10,000 gallons below its permanent pool on a regular basis.  We will work with the Fire Chief to see if a dry hydrant can be located in the pond, if not will look into an underground storage tank as requested.  Not having discussed with the Fire Chief yet, Mr. Morrell thought the most logical, would be off Atkinson Road.  It would be better access for the Fire Department.
Christopher, requested more information on the history of the DEP orders, he thought it was associated with the property for mitigating other properties.    Mr. Morrell said originally Dearborn Brothers owned all the land site location development, then subdivided the property into four or five lots.  At this time they received a Site Location and Development permit with DEP through Dearborn. There have been modifications to the original permit due to ownership changes and an amendment by D'Alfonso Design & Engineering for Aceto when the original parcel was developed.  There was also a series of natural resource and Wetland protection permits with the Maine DEP that were part of wetland filling associated with Dearborn's three parcels.  Christopher did DEP request specific action.  Mr. Morrell said there were a series of after the fact permits.  Work was completed before actually attaining the permit.  Currently this site was developed in 2008 received a modification from DEP in 2010 by D'Alfonso Design & Engineering.

Some of those improvements proposed by DEP, have not been installed on this site.  DEP has not taken action.  Mr. Morrell said they have met with DEP , who were pleased to see we were putting in a wet pond to not only handle the improvements, but what was existing today.   This would meet the requirements of the permit granted in 2008 and the standards of today making in compliance with all DEP regulations.  David asked Fred if all the permits that were issued back in 2008, are they still current.  Fred said they are all in the file and still active for the existing parcels.  There would have to be an amendment to the existing permit for the new parcel.  Mr. Morrell agreed, this is why they are meeting with the State early in the process.  They will be requesting a modification or minor amendment to the existing site location permit.  The DEP permits were submitted in the packets.  John asked what the plan was for the knoll, he did not see a difference in the contours to indicate the location of the knoll.  The area will be cut from 169 down to 161.  Christopher  asked if it is a natural feature or manmade?  Mr. Morrell believes it is a Natural feature that was cut down, during the excavation process for the existing building.  

John is concerned with scheduling a site walk, it would be difficult at this time.  He asked what the schedule is for this project.  Mr. Morrell said DEP will require 60 to 90 days for review once submitted.  He asked if the Board would like a DEP permit in hand or work concurrently.  Mr. Morrell said the applicant would like to start late spring/summer, at this time they have a purchase and sale agreement until the project is approved.  John confirms the new parcel is within the same zone districts, with the commercial zone being 500 feet off the road and the Rural zone in the rear.  Mr. Morrell said no work is proposed further back in the site than the commercial zone.  Krystal asked for the zone change line to be indicated on the plan.  Excavation is shown in the rear on site.  John asked about the excavation proposed on the existing lot.  Mr. Morrell said that area was difficult to do a topographic survey.  They store various piles of materials in that area.  Trying to show the area of the existing sites storage area needs to be graded so it drains into catch basin #3 (sheet #2).  John asked for the Boards opinion on the overall project, to caution the applicant on any issues.  Having no obvious concerns at this time.  :  DEP, site walk, The site has been cleared within the last 5 to 10 years, possibly will melt faster.    The Board will determine if they are able to conduct a site walk at the next meeting.  Mr. Morrell does not need to be in attendance, Krystal will contact him.  David wants to give the abutters notification of the site walk.  Krystal has heard from one abutter and one person on Atkinson Road who does not abut the parcel.  Mr. Morrell will move forward with the State DEP permit.

CEO Report:  None at this time.

Approval of Minutes:
January 14, 2013
"       Motioned by David, seconded by Larry to approve the minutes as amended.  The motioned carried with a 5 - 0 vote.

Approval of Bills:
Portland Press Herald in the amount of $27.20 for the Skillings legal posting.
"       Larry moved to approve the payment of $27.20 to the Portland Press Herald, seconded by David,  passed with a unanimous vote of  5 - 0.

                List of seminars through MMA
                Maine townsman
SMRPC's - annual request - send to Selectmen

Other Business:
~Discussion of possible summer camp at Little River Farm - what to review under.  David suggests contacting the town of  Freeport, they had a similar situation.  After discussion the Board agreed to file under 11.4 Camp ground.

~2013/2014 Budget request- The Board discussed the proposed budget by Lawrence Curtis.  Krystal will contact SMRPC and see where we stand with the shoreland zoning maps.
"       Motioned by David, seconded by Chris to approve the budget presentation as amended.  The motion passed with a 5 - 0 vote.

~Review 2013 proposed Ordinance amendments - No new amendments, updated list.  Make reference to definitions of Article 9.1 in Article 3.1.  John suggests the following verbiage - "is hereby divided into districts as defined in Article 9".

~Findings of Facts for Skillings - submit for the next meeting

Attendees may address the Board on the evening's business: Nothing at this time.

"       Motioned by David, seconded by Larry to adjourn at 8:02 p.m.  A unanimous vote in favor.

Approval Date:   ___________

________________________                                ________________
        John Vedral, Vice Chairman                                      Signature Date

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