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Town Seal
Planning Board Minutes 08/26/2013
Town of Buxton Planning Board
Monday, August 26, 2013 at 7 p.m.

Recorded by Krystal Dyer

Members in attendance:  Keith Emery, Christopher Carroll, Larry Curtis, Cliff Thomas

Members not in attendance: Jeremiah Ross

Others in attendance:  Andy Morrell of BH2M, Daniel Aceto, Fred Farnham, Henry Huntley, Bob Lowell with the Journal Tribune.

Keith calls the meeting to order by initiating the Pledge of allegiance at 7 p.m.

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 from BH2M, representing Daniel & Roberta Aceto submitted a letter dated August 19th, along with revised plans.  It is basically a summary of all the revisions made based on the planning Board meeting of July 8th, the July 13th site walk, the Fire Chief's comments back in February and an abutters letter dated April 5th, 2013.  The "Rural Zoning District" line was added to the plan, which is 500-feet off Route 202.  A proposed wet pond was added; it will treat storm water runoff and will be used as a fire pond with a dry hydrant off of Atkinson Road (per the Fire Chief's standards). The plan will be submitted to the Fire Chief for his final approval.  A landscape buffer was added along Route 202, between the proposed building and the existing road.  A letter was received today, and we have had some discussion in the past about the outfall from the proposed wet pond.  The outfall from the pond has remained where it has been to the existing 24-inch culvert at the intersection of Atkinson and Narragansett trail.  This was determined to be the best location.  Mr. Morrell is hopeful to move forward to a vote tonight.  

Questions from the Board:  Cliff's questions are related to the 12-inch culvert up on top of Atkinson Road.  When the layout was and site work was calculated for the 25-year storm drainage system, did they account for a full 12-inch culvert or something cut down to 5 inches.  Mr. Morrell confirmed the calculations are for a 12-inch culvert.  Mr. Morrell will add a note to the plan.   Cliff is concerned that the calculations are incorrect and would like the Highway Director to look at the culvert.  Mr. Morrell added that the proposal is for once the site is developed; the flow to that culvert will not be increased, it will remain the same.
Cliff References Article 11.18.H - Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.  Cliff would like the town to look at the culvert and come back with a recommendation of how to solve that problem.  Keith explained that the Highway Department will clean out both ends of the culvert to the 50 foot ROW.  If there is still an issue, they will contact the Fire Department to blow the vegetation out the outlet end.   Cliff's concern is when the culvert fills up with vegetation again and the flow is obstructed again, does the fire department come back.  Mr. Morrell agreed that he sees this all the time. Over time the water increases and it is always a problem down stream somewhere.  Cliff's concern is that when to culvert was put in, it had a regular water standard table that is supposed to drain out to a support area.  It is not doing that now and you want to add more water flow to it.  The Town has an option to make it the way it should be and trench a ditch down to Route 202.  This will ensure the same level function of the wetland the way it is intended.  Cliff feels we should get it back to where it should be now.  
Also on Note #19 sight lighting for the building - the ordinance requires all wall packs with down lighting.  There is a concern with the lighting not visually reaching the equipment.  There must be another alternative to redirecting the lighting without having the light spill over into the road.  Mr. Morrell said they will consider it.

Chris questions if there is any vehicular safety concerns along the edge of the pond, now that there is a proposal for a deeper drop off and a body of water close to the road.  Is there any plan for increased bollards, fencing or safety barriers to prevent a vehicle from going into the pond or even pedestrians, attractive to kids for skating, etc…?  Mr. Morrell said "Pedestrians and ponds are always a very tricky subject.  Some want a fence to keep kids and animals out, but it also traps animals in.  Within the last five years DEP has implemented for the permanent water elevation level to be an elevation of 153 within the pond.  At that elevation there is a no foot bench, meaning a 10-foot flat area where the water sits.    The intent of the bench is to allow someone to come out on the flat area and get up and out of the pond.  In plain view there is a 3 to 1 slope, it's not that steep for a child or animal to climb out."  "If a fence is desired we can consider it, my recommendation is that a fence is not needed.  In his experience it is the fence that encourages the kids to climb over."   
From a vehicular point of view, Mr. Morrell thinks the pond is far enough off the road, it is 35 to 40-feet from the existing edge of pavement to the top of berm of the pond.  Giving adequate run off space, it is relatively flat off the side of the road.    
Larry inquired into the height of the berm compared to the level of the road.   Mr. Morrell replied "The top of the berm is at elevation 157 and the road grad is 157.5, so the top of the pond is relatively the same grade as the road.  The top of the pond cannot technically get within a foot of the top of the berm."  
Keith explained that in the past they have not put a fence around due to maintaining the cat tails.  Could possibly try a few boulders?  Mr. Morrell said "They could possibly excavate material out of the pond to create a berm."  He is sure the applicant will be willing to do that.  
Chris asks three questions 1.) Have you received further information from DEP; 2.) How long will the construction take and 3.) Does DEP have something to say about this?  Mr. Morrell replied that they are still working with DEP, have not gotten approval as of today.  DEP has no standards to construct.  Once we get approval we have two years to have a substantial amount of the project completed or the applicant will have to resubmit.  The applicant is intending to take out material from this site to bring the site to grade.  The immediate intent is to excavate this area in back (pointing to map) so he can move the construction vehicles back away from the existing office and clean up that area.  Over time the applicant's intent is to remove the material from the site and maybe one day construct the proposed building.  
Chris asks "Is this leading to a conditional use for an extractive process?"  Mr. Morrell repeats "Is there a good amount of material coming off the site? Yes.  The material being eliminated from this site as the excavation of the site is needed to construct the site so it can work the way it is intended.  Back in 2007 the existing site was cut approximately seven or eight feet and the proposed site will be cut the same.  

Chris is also concerned with the number trucks running and the impact on the roads and if there is a calculated amount to be extracted.  Mr. Morrell has the information and will submit it.  The intention is to excavate in the back and do the detention pond once approved.  They will excavate on demand for other projects.  
Mr. Aceto added "We make our living in the summer time, our intention is to clean up area and move the vehicles back, get the pond, the man holes, piping, etc... started. Then finish when we have idle time. "  

Keith has a major concern with splitting the water up.  Keith attended both site walks and understood that they plan to get the material out as soon possible.  

Discussion on the site walk:  None

Keith queried the Board on this application's completeness for a public hearing.  Mr. Morrell can't give an exact date for DEP approval.  
Cliff feels it's too bad to hold up the project, but we need DEP's approval.  Keith stated that the applicant cannot do anything unless he has DEP approval.  We can approve with the stipulation of DEP approval.  
Chris asked "Do you feel DEP is going to have a substantial difference from the submittal?"  Mr. Morrell does not, but never knows.  
"       Motioned by Cliff to schedule a public hearing on September 9th, 2013 for Aceto Construction for a warehouse & outdoor storage facility.   Seconded by Chris, the motion passed with a 4 - 0 vote.

Mr. Morrell asked if the DEP permit is not available on the 9th can the Board approve contingent upon the DEP approval.   The Board agreed.

CEO Report:  none at this time

Approval of Minutes:
July 8, 2013    
"       Larry moved to approve as amended, seconded by Chris.  The motion passed with a 4 - 0 vote.  
There was some discussion of the minutes being a legal document.

Approval of Bills:
"       Motioned by Larry, seconded by Chris, to approve payment to Staples in the amount of $70.47 for audio tapes used by the recording secretary.  Motion passed with a 4 - 0 vote.

Carry forwards - Larry is recommending to carry forward for the shoreland zone maps and printing costs.  We are anticipating shoreland maps from SMRPC soon.  Last year we carried them forward for these maps, but never printed in last year's budget.  Keith agrees to carry it forward for both accounts.  Larry will present an email for submission to the Selectmen tomorrow.   

~notice for November 5th special town meeting.
~SRCC - for a Jeffery Leonards proposing to construct a four bedroom dwelling and garage
   on the Union Falls Road.  
  There was discussion on whether the SRCC override the shoreland zone.  Do they have   
   jurisdiction?  They have recently overturned due to the corridor being 500-feet which pre-
  ceded the Towns ordinance, there for they denied it.
~Maine townsman
~Discussion of the first meeting in October being the Columbus Day Holiday.  Decide whether
   to meet at the next meeting.

Other Business:
Review ordinance amendments submitted by Cliff Thomas:
Cliff stated there is a lot of this information in section 11 of the ordinance with reference to Duck Pond that can be taken out.  By removing this verbiage it will be consistent with the current Town Shoreland Zoning Ordinance.  

There is also a section in 11.6 under Cluster Developments stating that the town has the option to take the open space.  Also Section O - 3 Regulating Town Dumps - should be removed completely, since we do not have any dumps.

The Board of Appeals is going to have a workshop on Sept 3rd , they will have recommendations for ordinance amendments for the Planning Board to consider.

Larry announced the Board is still in need of two members; please contact the selectmen if you are interested.

Cliff discusses the culvert issue on Atkinson Road, he is concerned that it will be plugged up and it is not the only one in town.  This has raised the wetland and is pushing his land at least another foot into the wetland.  Krystal will contact the Highway Department to check the culvert for now and future.  

Attendees may address the Board on the evening's business:  none   

"       Motioned by Larry, seconded by Cliff to adjourn at 7:49 p.m.  A unanimous vote.

Approval Date:    __8/26/13_________

________________________                                ________________
Keith Emery, Chair                                              Signature Date

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