Planning Board Members Present: Keith Emery, Dennis Santolucito, Cullen Ryan, Sue Schaller, Wanda Emery and Barbara Elwell.
Planning Board Members Absent: Chris Baldinelli
Others Present: Fred Farnham, Dana Sturtevant, Connie & Gary Nadeau, Dr. Owen Pickus, Lawrence A. Miller, Dick Hamilton, Olive and Dan Collomy, Jeanne Harmon, Cliff Emery, Carol Sanborn, Bill Hoffman of DeLuca Hoffman, Rich Deister, Jeff Grinnell Fire Chief.
Chairman Keith Emery called the meeting to order at 7:30 p.m.
Ira Stockwell of 10 Justin Merrill Road is requesting a Conditional Use Permit for a professional office space/personal services to be located at the intersection of Narragansett Trail and Justin Merrill Road; Tax Map 8, Lot 20-2.
· Motioned by Dennis, seconded by Cullen the close the public hearing for Ira Stockwell. The applicant has withdrawn his application. The motion passed with a 6 – 0 vote.
The Planning Board will reconsider the vote made on April 10th for a new Public Works Garage to be located on Portland Road, next to the Municipal complex; Tax map 9, Lot 10. Keith explained that according to the Town Charter, the Board needs four (4) positive votes for a motion to pass. The vote on April 10th was a 2-1-1 vote. Keith also added that he would be abstaining from the vote since he is an employee of the Highway Department.
· Wanda motioned to open the public hearing, seconded by Dennis, the motion passed with a 6 – 0 vote.
Bill Hoffman of DeLuca Hoffman Associates explained that at the last meeting on April 10th, one concern was the second access onto Portland Road. The Selectmen are requesting the second entrance. The Maine Department of Transportation has approved the curb cut for the second entrance. Bill explained that the cost difference to improve the existing 420-foot road would be approximately $46,000 vs. constructing the new 320-foot long entrance costing $38,000.
Peter Hendrick traffic engineer from Gorrill-Palmer Consulting Engineers Inc. determined that the site distance at 50-MPH requires a 275-foot separation between driveways. Taking into consideration the acceleration speed of trucks, the site distance was then increased by fifty percent. The shoulders will be widened to allow ample turning space for the trucks.
Questions from the Board: Dennis confirmed that the existing entrance would not be reconstructed if the second entrance were approved. The Board received a letter September 2, 2005 from the Chief of Buxton Police requesting the second access in the event of an emergency. Sue referenced the accident report showing that 5 to 6 accidents were caused by vehicles waiting to turn.
Questions from the public: Public Works Director Lary Owen said the reason for the second entrance is due to the truck traffic coming in and out for fuel, would create a cluster for the existing entrance area. Dennis Sweatt, a member of the New Town Garage Committee recommended that the board revisit the letter from Chief Jody Thomas. If the Board denies the application, Dennis wants to know why. Cullen stated that the Board looks at what is best for the Town; the application is focused on one location when the Board repeatedly requested further infromation on other locations. Tonight was the first time the impact of the cost was introduced. He also stated that the engineer for the project was limited by the committee, to this one location. Fire Chief Jeff Grinnell
reviewed the means of egress and supports the plan for 3-phase overhead power. Having the second entrance is needed. Lawrence Miller of Back Nippen Road believes the role of the Planning Board is to approve the application if it is in conformance with the ordinance and there are no abutter with objections. Andy Townsend, abutter on the salt shed side of the property, said there is not enough land to build the facility between his land and the salt shed and after walking the property with CEO Fred Farnham there are visible wetland areas. Barbara and Dennis are in support of the plan. Cullen said the increased use for emergency vehicles, vendors and future development shows the value for the second entrance.
· Sue move to close the public hearing, seconded by Wanda, the motion passed with a 6 – 0 vote.
Conditions:
1. All elements and features of the plan and all representations made by the applicant concerning the development and use of the property which appear in the record of the Planning Board proceedings, are condition of approval. No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article 8.2.B and 10.
3. That the applicant be in compliance with all applicable provisions of Section 11.
4. All outstanding bills paid before building permit is issued.
· Motioned by Barbara, seconded by Dennis to find the applicant in compliance with Articles 8.2.B, 10 and Section 11;
Discussion: Cullen is convinced in reference to 8.2.B.1 the impact will be less than previously thought, having no abutters concerned and 8.2.B.2 the necessity has been proven for the need of the second entrance. The motion passed with 5 – 0 - 1 vote, with Keith abstaining.
· Motioned by Wanda, seconded by Sue, to approve the application with the conditions stated tonight and at prior meetings, the motion passed with a 5 – 0 - 1 vote. Keith abstained.
Dolores & George White are requesting an amendment to the Tall Pines Acres Subdivision by splitting lot #24, Tax Map 4, Lot 44-24.
· Dennis motioned to open the public hearing, seconded by Wanda, the motion passed with a 6 – 0 vote.
Dick Hamilton, representative for the White’s, has revised the plan by adding the second test pit and they have received the HHE-200 forms.
Sue asked if the wetlands have been addressed adequately, Fred has not been to the site. Cullen indicated the only visible water was in the skidder tracks and not by any natural habitat. Mr. Hamilton added there is a stream in the back of the parcel and they do have DEP approval. Fred will review during the building permitting process. Keith did attend the site walk and did not see any wet areas. 13.3.A18 requires identification of all wetland areas on the property.
Fred, referencing the definition of wetland in the ordinance, said since it is less than 10 acres it does not need to be delineated. According to the National Wetlands Inventory Map and the U. S. Geological Survey Map the Board determined there are no wetlands shown on the parcel so a wetland delineation is not required and in accordance with the ordinance.
· Dennis move to close the public hearing, seconded by Barbara, the motion passed with a 6 – 0 vote.
Conditions:
1. All elements and features of the plan and all representations made by the applicant concerning the development and use of the property which appear in the record of the planning Board proceedings, are condition of approval. No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article 13.
3. Notify Fire Chief with in 72 hours before the fire tank is approved.
4. All outstanding bills paid before building permit is issued.
5. Contingent upon receipt of passing soils report (HHE-200).
· Motioned by Sue, seconded by Dennis, that based on previous discussions to find the applicant in compliance with all applicable provisions of Articles 13, the motion passed with a 5 – 0 - 1 vote. Wanda abstained.
· Motioned by Sue, seconded by Dennis motioned to approve the application with the conditions stated this evening and from previous meetings, the motion passed with a 5 – 0 - 1 vote. Wanda abstained.
Dr. Owen Pickus is requesting a conditional use permit to change the use to a medical office building located at 27 Portland Road; Tax map 9, Lot 34-1.
· Dennis motioned to open the public hearing, seconded by Wanda, the motion passed with a 6 – 0 vote.
Dana Sturtevant, representing Dr. Owen Pickus, has submitted updated plans. A permit has been obtained from the State Fire Marshal. Modifications to the parking lot expansion include expanding the silt fencing and fabric to slow the water down and filter through the embankment. The lighting information has been added to the right side of plan.
Questions from the Board: Barbara clarified that the dumpster use is for everyday trash. The medical waste will be picked up and properly disposed by Stericycle once a month. Cullen asked if the parking lot lighting would be minimized during non-working evening hours. The low intensity lights will remain on for security purposes.
Abutter comments: Don Petterzini questioned the hours of operation and any future expansions. Mr. Pettrerzini felt that they will be a good neighbor and informed them of the new law LD 816 which holds the landowner responsible if they damage their neighbor’s property in the event of alteration of surface water flowage.
· Cullen move to close the public hearing, seconded by Sue, the motion passed with a 6 – 0 vote.
Conditions of Approval:
1. All elements and features of the plan and all representations made by the applicant concerning the development and use of the property which appear in the record of the planning Board proceedings, are condition of approval. No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article’s 8.2.B and 10.
3. That the applicant be in compliance with all applicable provisions of Section 11.
4. All outstanding bills paid before building permit is issued.
· Motioned Sue by, seconded by Cullen moved that based on previous discussions to find the applicant in compliance with all applicable provisions of Articles 8.2.B, 10 and Section 11, the motion passed with a 5 – 0 - 1 vote. Wanda abstained.
· Motioned by Cullen, seconded by Sue, moved to approve the application with the conditions stated this evening and from previous meetings, the motion passed with a 5 – 0 - 1 vote. Wanda abstained.
Rebecca & Duane Withey of 15 Pine Country Manor have submitted an application to amend Pine Country Manor Subdivision by dividing their lot to create another house lot; Tax Map 9, Lot 1-10.
John Toothaker, representing Mr. & Mrs. Withey who own a 6.49-acre lot located in the residential zone. The test pits have been dug and will be updated on the plan using GPS for the next submittal. Mr. Toothaker will submit the wetland delineation, information from Article 13 and test pits complete.
CEO Report: none
Approval of Minutes:
January 9, 2006 Cullen moved to approve the minutes of January 9, 2006, seconded by Dennis, the motion passed with a 4 – 0 – 2 vote, Sue and Barbara abstained.
March 27, 2006 Motioned by Dennis to approve the minutes as amended, seconded by Wanda, the motion passed with a 5 – 0 – 1, Cullen abstained.
April 10, 2006 Cullen moved to accept the minutes of April 10th as amended, seconded by Dennis the motion passed with a 5 – 0 – 1, Sue abstained.
Approval of Bills:
Motioned by Cullen, seconded by Dennis, to pay Southern Maine Regional Planning Commission $625.00. The motion passed with a 6 – 0 vote.
Cullen moved to pay Portland Press Herald in the amount of $100.30 for legal fees for Rick Bodman for $42.50, Norman Russell for $39.10 and TruChoice for $18.70. Seconded by Wanda, the motion passed with a 6 – 0 vote.
Communications: Southern Maine Regional Planning Commissions annual meeting. Dennis and Sue are interested in attending.
· Cullen moved to send Dennis & Sue to the SMRPC annual meeting, the motion passed with a 6 – 0 vote.
The maps are ready to print.
A letter from Risbara Brothers to release the remaining funds – need a letter from Road Commissioner that the road is up to Town standards.
Other Business:
Finding for M.C. Faulkner & Sons
· Motioned by Cullen, seconded by Dennis to approve the finding for M.C. Faulkner & Sons, the motion passed with a 6-0 vote.
Sue moved and seconded by Dennis to adjourn at 10:10 p.m. a unanimous vote.
Respectfully submitted,
Krystal L. Dyer Approval Date:
Chairperson: ________________________________ Signature Date: ____________
Keith Emery
| 
