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Town Seal
Planning Board Minutes 09/09/2013
Town of Buxton Planning Board
Monday, September 9, 2013 at 7 p.m.

Recorded by Krystal Dyer

Members in attendance:  Keith Emery, Christopher Carroll, Larry Curtis, Jeremiah Ross and Cliff Thomas.

Members not in attendance: None

Others in attendance:  Andy Morrell of BH2M, Daniel & Roberta Aceto, Code Officer Fred Farnham, Henry Huntley, Caroline Segalla and James Semons.

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

"       Motioned by Jere, seconded by Chris, to open the public hearing, motion passed with a 5 - 0 vote.

Public Hearing for Daniel & Roberta Aceto who 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.
Mr. Morrell from BH2M briefed the Board on the progress since the August 26th meeting.  They are still working with DEP on the approval. A letter from Public Works was received regarding the culvert on Atkinson Road. The Public Works Department has agreed to upgrade from a 12-inch culvert to a 15-inch culvert.

Questions from the Board:  Larry is concerned with public access to the retention pond.  It was mentioned at the last meeting the possibility of putting boulders in to delineate the road from the pond to deter kids or keep automobiles from sliding off icy roads into the pond.  Mr. Morrell mentioned adding a small berm.  The applicant is willing to build a separate berm closer to the road, which would keep a car from sliding into the pond.  It would be more of a diversion.     Larry would feel more comfortable having something there or something to discourage people from going in the area.  

Code officer:  None at this time.

Abutters:  None

Comments from the public:  Caroline Segalla of 77 Atkinson Road. "I use Atkinson Road on a daily basis".  Caroline previously sent a four-page letter and would like to know if the items were addressed.  The protection from the pond - a berm would be better and do less damage to a vehicle.  Keith informed Caroline that the culvert at the end of Atkinson Road is in the States Right-of-way and maintained by the State.  If the State does not maintain the culvert, this will affect the storm water calculations.  Caroline felt it was under this Board's purview to make sure the State does maintain the culvert.  It would defeat the purpose if DEP does not maintain the culvert, possibly as part of the DEP approval.
Caroline pointed out in section 10.7.B.5 of the ordinance it states "All parking and loading areas shall be located at the side or rear of the principal building."  The plan shows parking in front of the proposed building.   The parking lot is depicted incorrectly on the plan as per the ordinance.  
Mr. Aceto said they would like to start on the pond, the manholes and clear the back. He hopes they will work on the rest when work slows down.  Jere asked if they would be willing to complete this project in phases, get approval for the construction work, retention pond, DEP, earth work and drainage swales and return later for the building proposal.    Mr. Aceto added he would rather not; this process has taken a year to get to this point.  This is for his son to open a mechanic or rental shop.  He does not want to go through this again.   You can modify the plan and continue the public hearing.  It will not affect DEP approval.
Caroline stated if the plan is for auto repair that would mean a change and would require for them to return to the Board.  They meet the requirements for the Business Commercial and Rural Zones.  The majority is in the Business Commercial Zone, a small rear corner is located in the Rural zone.  
Caroline discusses the option for a shared driveway.   Caroline suggested instead of creating another curb cut, they could possibly create a shared driveway.  She informed the Board how it is difficult to make a left-hand turn from Atkinson Road on to Route 202.   Additionally she is hoping the applicant keeps an aesthetically pleasing lot.  
Mr. Morrell addressed Ms. Segalla's issues by saying the proposed building is for a mechanical or rental use, which is a permitted use within the zone and does not require Planning Board approval.  Note #19 was added to the plan, referencing the cut-off lighting.  Mr. Aceto intends to be cognizant of the neighbors. There is an internal driveway connection, the applicant wishes to keep separate access for future uses.  The number one goal of this project is so the applicant can clean up the existing site.
Caroline still has an issue with section 10.7.E and feels it is poor planning to have separate curb cuts.   Having so many curb cuts, within 500-feet and so close to Atkinson Road is poor planning.    The applicant's intent is to clean up and expand the existing site.  Keith feels it needs its own access to the site, combining it with a construction facility will be dangerous.  Jere added that they still need to be in compliance with section10.7 of the ordinance.  Jere reads "Lots in single ownership lying along Routes 202, 4 and 4A may be divided into lots but all vehicular movements to and from the highway shall be via a single common driveway or entranceway serving all lots or premises so created.  All lots of record existing at the time of ordinance amendment shall be allowed one direct access to Routes 202, 4 and 4A provided that minimum safe sight-distance standards (below) can be met.  Exceptions for a second entrance/exit for a large parking lot may be granted by the Planning Board provided that the two access points are not closer than 500 feet and that they both meet the minimum sight-distance standards (below).

Types of Roadway from which Access is granted

Minimum Safe Sight-Distances
Posted Speed Limit (mph)                        30        35     40      45      50      55
Passenger Cars                                  300'    350'    400'    450'    500'    550'
Single-Unit Trucks                              415'    475'    540'    600'    675'    750'
Tractor-Trailers                                530'    615'    700'    840'    975'    1100'

Where it is impossible to meet these sight-distance standards due to physical conditions, a maximum variance of 30% may be permitted. (The 30% variance is consistent with the absolute minimum stopping distance requirement on wet pavements established by the Maine Department of Transportation)".

Jere gave Narragansett Business Park as an example of what the ordinance is referring too. Chris added that these lots where not divided by this ownership, two lots are being put together by the applicant, stating it's a bit different.

With that direction from the Board, the applicant would rather proceed with developing the site into his construction facility; and in the future, he would deed the lot to their son and build the building as is on the plan.  Jere added that they would have to come back to us.  Chris suggests to just deal with the site, not the building.
There was further discussion on moving the application ahead with just site work, since it does not meet the requirements for parking and access to the lot or continue the public hearing giving the applicant time to update the plan.

Cliff understood this as two separate lots and is to remain as two lots.  Both deeds are recorded in Daniel & Roberta Aceto's names.  Keith added that  two lots under the same ownership are automatically combined.  Chris asked if there has been any discussion with DOT for driveway entrance permit.  Mr. Morrell says not yet, but does not anticipate any hurdles from DOT.  

Having no other public comments Mr. Aceto requested to continue the public hearing to September 23rd to update the plan with the required parking spaces and driveway entrance.  

Caroline Segalla requested the Board and Mr. Aceto to consider a fence on the Atkinson Road side.  Keith added that if a commercial use backed up to a residential area, he might see a need for a fence.

"       Cliff motioned to continue the public hearing to Monday, September 23rd, 2013, seconded by Larry. The vote was unanimous.

CEO report:  Jere received a call from a local business concerned with a new ice cream stand and fry shack business on Long Plains Road (Rte. 22).  The business owner was concerned that this is affecting the sales at their business.  Fred informed the Board that it is an approved home occupation with temporary structures on their own property.  Both are portable and less than 500 square feet.  The carts have already packed up and moved onto the agricultural fairs.  This will most likely happen again next year.  

"       Motioned by Larry, seconded by Chris to approve the minutes of 8 26 13 as amended.  The motion passed with a 4 -0 -1 vote.    Jere Abstained.

Bills:  No bills at this time.
Letter from Highway Director:  Cliff wonders what happens downstream when the water does not flow.  Keith said it is not a Town issue we cannot take town money to upgrade private property.  Cliff says we should not accept any more roads until the town has right-of way access to maintain them.   Keith added you can never guarantee drainage.

Other business:
BOA ordinance amendments - The BOA will hold a workshop on October 1st to review ordinance amendments.

The Saco River Corridor Commission has the authority to review anything within 500 feet of the Saco River. The Town's requirement is 250 feet.  The Board discussed having the SRCC 500 feet on the Shoreland map. Krystal will contact SMRPC and request the 500 feet SRCC setback be put on the shoreland map.

We are still looking for two members to join the Board.

Attendees address the Board: no comments this evening.

Motioned by Larry to adjourn at 8:04 p.m. Seconded by Chris for a unanimous vote.
Approval Date:    ___________

________________________                                ________________
Keith Emery, Chair                                              Signature Date

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