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Town Seal
Planning Board Minutes 07/08/2013
Town of Buxton Planning Board

July 8, 2013

Recorded by Hilda Lynch

Board Members Present:  Jeremiah Ross, III; Keith Emery, Christopher Carroll, Cliff Thomas and Lawrence Curtis

Absent:  None - The Board is currently short two members  

Others Present:  Henry Huntley, Andy Morrell (BH2M), Daniel Aceto, Fred Farnham, Olive Keithly

Chairman Keith Emery called the July 8, 2013, meeting of the Buxton Planning Board together at 7 p.m.

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, 20A-35.

Andy Morrell of BH2M hasn't been here since January.  Aceto Construction owns and maintains a construction site on the above parcel.  They were before the Board in January and had a site walk on April 16.  Andy stated that if there are any concerns about the site walk, they could discuss them this evening.  One of the major issues was fire suppression - an underground storage tank or some other method.  They're going to use a wet pond (30,000 + cu. feet of water).  There'll be a dry hydrant on the side of Atkinson Rd. for access.  His office is working with DEP.  A minor amendment is needed.  They're trying to work the State and Town's Permits concurrently.  They're looking for some direction from the Board tonight.  He'd like to see what changes are needed, submit them to the Town, make revisions for the DEP and proceed.

They received a letter from Caroline Segalla, and he'd be more than happy to discuss the letter.  

Keith says they have two new Board members and one who wasn't able to make it earlier for the site walk.  They'd like to do another site walk to bring people up to speed.

Chris asked for a refresher on the proposed use.  They're looking to expand the gravel parking and/or storage area to spread equipment away from the building.  They'd like to remove the knoll and bring the site down to the same level.  The applicant has put in a small building, so since they're here, they're looking to get approval for a 60' x 40' building for mechanical use or rental.  It would have a separate entrance off Rt. 202.

Larry asked what the minor changes are that they're working on with the DEP.  Will it change the map?  Most of the changes are related to the pond.  They would like it raised a couple of feet.  There were some changes to the collection of storm water.  The storm water currently dumps into the culvert by the intersection of Atkinson Rd. and Narragansett Trail.  They're looking at possibly dumping water into the back.  He'd like to have changes made to the map by the next meeting.

Keith asked about the fire hydrant.  Is DEP requiring it?  No, says Andy, the Town is asking for some kind of fire suppression.  Keith says the ordinance doesn't require it unless they're a certain size of building.  The ordinance doesn't say it has to be done, but they can do it.  

Jere asked if the storm water retention plan is contingent upon DEP approval.  Yes, Andy says. The installation of this pond will bring the entire current site up to existing DEP regulations.  Keith asked if it would be beneficial to the area to have the hydrant.  Yes, Andy says.  Jere asked if the applicant was willing to put this in.  They were working towards that.  

Jere asked if the property had prior DEP violations - prior to Mr. Aceto's purchasing it.  Jere asked if they could briefly tell them what they were.  On Sheet 1 of the plans, there's a list of all existing DEP permits.  There was an After-the-Fact permit that Dearborn had.  There was some kind of violation when it was originally subdivided.  There was a parcel added into the Site Location Permit at a later date.  There was another addition of a parcel, which he indicated on the map.  There was a NRPA Permit and a transfer of that permit to the Aceto's.  There's an NRPA Permit for the construction of the building  and another for a Conditional Use Permit when Aceto's constructed the building.  Aceto's did get an amendment to the Site Location Permit.  Are there any existing conditions that have not been completed that have been imposed by DEP?  The existing permit for a parcel required six under drains, which have not been constructed.  They're currently bringing up to date the existing concerns now.  Chris asked about problems to the right of way of the property.  Andy doesn't know the particulars of the After-the-fact Permit.  He can investigate.  Any improvements they're doing from a storm water perspective do not affect the adjoining properties.

Cliff mentions an 18" storm drain and a 12" drain.  Have they gotten far enough to determine what they'll do?  Andy doesn't think there's more than 3 or 4 inches of water flowing out of the culvert and that the culvert is adequate.  From a storm water point of view, it is a pretty complicated project - two existing culverts and a balancing act to hold the existing flows as they are today.  They've tried to balance the flows, Andy says.

Anyone impacted by the storm water runoff would be able to go after the applicant to make sure the storm water is taken care of.  Jere mentions the Hannaford property and how it relates to storm water staying on the owner's property.

Chris asked about raising the elevation of the pond.  Andy says the elevation of the permanent wet pool will be at 154' and the elevation of the Atkinson Rd is about 157'.  The pond would be a foot or two below the road.  There's a berm that will hold the water back.  Keith asked about the drop.  There's about a 4 ft. drop and a 10 ft. shelf all around.  Keith asked if they'd have an easement drawn up. Andy says his preference would be to have an easement in the right of way of the Atkinson Rd.

Jere asked if any buildings are being proposed on the second lot.  He referred to the existing conditions today.  There's a building labeled "future building."

Keith mentions the material sent to Andy by Caroline.  Of the questions presented, is Andy able to cover all of her concerns?  Andy says he'll provide a written description to the Board for each of the items addressed.  The No. 1 issue is whether an outside consultant will be used as a peer reviewer of the project.  He doesn't know how the Board feels about this.

Keith asked the Board if this is big enough to have someone else look at it.  No one thinks they need to have a peer review.  Jere mentions having some strong language in the Conditions to make sure that things are done that are in the ordinance.  Andy says the DEP is envisioning some kind of timeline and will have conditions.  Jere would look for no building to be done until all DEP conditions are completed.  There have been some issues with this property prior to Mr. Aceto purchasing it.  Andy will provide written answers to questions that Caroline has outlined.  

Keith mentions that there will be benefits to homeowners in back of the property - with fire protection there.  

Motioned by Jere, seconded by Larry, to hold a site walk on the above on Saturday morning, July 13, 2013, at 7:30 a.m.  Five voted in favor.  Andy reviewed the flagging they've had before and that it is still there.  Will they have their materials in within a week?  They probably wouldn't have things ready until the August 12 meeting.    

Bruce & Nancy Stedman of 160 Turkey Lane are seeking a Conditional Use Permit for campgrounds (Section 11.4) to allow a kids camp and agriculture and events; Tax Map 3, Lots 3, 4, and 5.

Bruce and Nancy Stedman were not able to make it this evening.

CEO Report

None this evening.

Approval of Minutes:
        May 13, 2013 - Motioned by Chris, seconded by Larry, to approve the minutes as amended.  Chris, Keith, and Larry approved; Cliff and Jere abstained.

Approval of Bills:
        Correction to billing - Larry says the Accts. Payable notices for the Appeals Board have been deducted from the Planning Board.  They've credited back $116.50 to the legal notices in the budget that has just expired.

        Article, "Decision Adds Protections for landowners in permit cases" submitted by Cliff Thomas - Portland Press Herald, June 23.  Cliff says that basically a lot of the regulations in place by towns and cities are illegal.  His question is to check with DEP if this is going to affect shoreland zoning and wetlands.  He thought it might be submitted to the Town's attorney to see if anything will be affected.  He says that often the DEP requires an offset of land somewhere else or money, so he doesn't know how that will be affected.
        Possible Special Town Meeting for November 5 if anything is needed to be on it.  There's no scheduled State election as yet.
        Shoreland Zoning news - summer Newsletter
        SMRPC had a meeting on June 12.  They have their newsletter out for the summer.
        National Public Works week
        Traffic Engineering services - a group would like to introduce themselves.
        Insurance - liability - Certifcate for Town of Buxton Planning Board - Keith will check w/Krystal
        Flyer on pipeline safety - keeping systems top notch
        Deluca-Hoffman Assoc. sent a card re new directors and associates
        "Maine Townsmen" for May and June - Cemetaries need care & water lane

Other Business:

        They're looking for two more members of the Planning Board for a year term.  Please come and speak with the Selectmen if interested.
        Discussion of new quote for shoreland maps from SMRPC.  The Board has asked for a Quote for the Shoreland Zoning maps and no other layers.  SMRPC estimates $500 (10 hrs. x $50 an hr.)  They'd provide a .PDF so citizens could access the maps on the town's website.  He believes they have the map they'd want in this estimate.  

        Cliff says this map is still totally incorrect as it doesn't apply to the State and Town's requirements.  Jere says they'd want a map that would show the 250' and 75' setbacks that were voted on.  He believes these changes would be fairly simple.  Cliff says there are things that were voted off, like Little Duck Pond, which are still on the map.  Jere says he would assume that SMRPC would look at the State and Town's most recent data prior to preparing the maps.  Jere says they can have them do the map; the Planning Board will need to vote on it; and the taxpayers would need to approve it because the Town doesn't currently have an accurate map.

Keith says the Resource Protection would be removed from it, and he doesn't like that.  Fred says the Saco River Corridor Commission has 500' of protection.  It was 300' in the Town's ordinance and is now down to 250'.  The Resource Protection is an overlay district.  Cliff asked if someone would send a note to them to ask if they're going to use the 2009 map and just take the things off that are on the list.  Jere thought they'd use an earlier map as the 2009 map was never approved by the Town.  Cliff says that two wetlands are on the 2009 map that are not on the 2000 map.  Cliff says an e-mail would clarify whether he's just going to remove the two wetlands from the 2009 map.  Jere says that if Duck Pond was removed at the Town meeting and his job is to interpret the ordinance, he would assume that he would change to the State's DEP minimum in the entire Town.  Cliff says that DEP did not put items on the 2009 map that SMRPC did.  Some things came from a National Wetlands map.

Motioned by Larry, seconded by Chris, that they approve the $500 project cost for a revised Shoreland Zoning as stated in their letter of May 29, 2013.  Four in favor; Cliff opposed.  

Discussion - The Board would have an opportunity to edit, revise, etc.  Jere believes there is money in the budget for printing costs.

Election of Officers:  Chair, Vice-Chair, Treasurer, Secretary

Jere nominates Larry Curtis as Chair, seconded by Keith.  Larry declines the nomination.  Chris nominates Keith Emery as Chair, seconded by Larry.  Four in favor, Keith abstained.

Jere nominates Chris Carroll as Vice Chair, seconded by Larry.  Four in favor, Chris abstains.

Jere nominates Larry Curtis as Treasurer, seconded by Chris.  Four in favor; Larry abstains.

Keith nominates Jere Ross as Secretary, seconded by Larry.  Four in favor; Jere abstains.

Cliff asked about GIS that was going to be done by USM (Muskie School) in 2010.  Whatever happened to that?  Chris asked if this was the scanning of the tax maps that are currently on the website.  They think this is what that is.
Attendees may address the Board on the evening's business.

None this evening.

Motioned by Cliff, seconded by Larry, to adjourn the meeting at 8 p.m.  Five voted in favor.

They will have a meeting on July 22 if the Stedman's are able to make it.  If not, they'll have their next meeting on August 12, 2013.

Approval Date:    8/26/2013

________________________                                ________________
Keith Emery, Chair                                              Signature Date

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