TOWN OF BUXTON PLANNING BOARD MEETING
Minutes of January 14th meeting was canceled due to snow, the meeting was re-scheduled for January 21, 2008
Recorded by Hilda Lynch
Board Members Present: Harry Kavouksorian, Barbara Elwell, Keith Emery, Jeremiah Ross, III, Jim Logan, Caroline Segalla, and Dave Anderson.
Members Absent: none
Others Present: Ruel Sawyer, Jeff Larimer, Frank Crabtree, Brian Keezer, Harry Weymouth, Jean Harmon, Bob Lowell, Janice Laughlin, Alton Laughlin, Joanne Harris, Dennis Santalosito, Harry Schnur, Wayne Fuller, Bette Robicheau, Terryn Roberts, Karen Burrows, Paul Burrows, Lawrence Miller, Karan Miller, Beth Sturtevant, Tania Hathaway, Scott Reed, Frank Ruggieri, Peter & Ilse Burns, Max C. Calderwood, Seth Harkness, Julia Colpits, Stephen Joffe, Rusty & Lotte Miner, Benjamin Collings, Cyndie Bowie, Denise Ashby, Tom Ashby, Annie Ashby, Paul Bausel, Lisa A. Cox, and Max A. Savlesky and Code Officer Fred Farnham
Chairman Jeremiah Ross, III, called the meeting to order at 7:01 p.m.
Public Hearing: Ruel Sawyer is proposing an amendment to Adams Acres by relocation of lot lines. Located on Erma Lane; Tax Map 10, Lot 141-9 and 142B-1.
Ruel Sawyer spoke about his understanding from the last meeting regarding the bond to pave a road for his subdivision. He’s asking about an amendment. Jere said they’ve determined that Ruel would need a bond. Ruel has lately learned that he could get a bond through an insurance company which would be a lot less money for him. Keith stated that something that would have to be kept in consideration is a test boring to determine if the base of the road is correct. Jere thought they might need a plan from an engineer. Keith explained that the Road Commissioner goes by the book in letting them know what is needed. Jere asked about a test boring – whether that would be sufficient or would they need an engineer. Keith
mentioned a boring that was done by the former Road Commissioner across the road. Jere stated that they’d need to establish a condition regarding the road being built to town standards. Caroline asked if there could be a cross section of that put on the final plan as well. Keith stated that 50 percent of the subdivision would have to be completed, and there are already two homes built there. Jere asked if it would be a reasonable condition. Dave could forego this, Barbara also, and Keith could live with it. Jere stated that the Road Commissioner would need to inspect the base of the road and the completed road. Keith asked if it would have to be paved, and Jere stated that it was determined at the last meeting that it would. Jere expressed concern about equipment being moved in on a new road. Keith talked about the base of the road being completed only while construction was taking place. Jere stated that Ruel wouldn’t be able to get a Certificate of Occupancy from the
Code Enforcement office for the third dwelling until the road has been built and approved by the Road Commissioner. Jim suggested that Ruel read very carefully the e-mail by the town attorney and have the info needed on the final plan.
Conditions of approval:
1. All elements of this 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 conditions of approval.
2. That the applicant be in compliance with all applicable provisions of Article 13.
3. All outstanding bills will be paid before a Building Permit will be issued.
4. The conditions made regarding the road work: inspection of the base of the road as well as the completed road by the Road Commissioner.
· Keith made a motion to approve the proposed amendment to Adams Acres by relocation of lot lines with conditions, seconded by Harry, and the vote was unanimous.
· Harry made a motion, seconded by Keith, to approve the amendment based on information from this and previous meetings. The vote was unanimous.
Jere instructed Ruel on the updating of the Mylar with notations as mentioned.
Public Hearing: Navan Leng is continuing the application for the conditional use permit for the Wat Samaki Cambodian Buddhist Temple to be located at 128 Back Nippen Road; Tax Map 4, Lot 43.
· Motioned by Keith to open the public hearing at 7:11 p.m., seconded by Harry. The vote was unanimous.
Beth Sturtevant talked about the big item regarding finalizing occupancy was to determine parking. They’ve conducted a survey and provided a two-scale drawing, which went to Fred to be forwarded to the State Fire Marshall. She believes there is a letter stating that the occupancy could be about 200. She stated that additional buffering was asked for, and they would be willing to provide this buffering once it is determined what that would mean. She mentioned some letters from the neighbors were to be obtained, and she believed that some letters had been written and forwarded to the Planning Board.
Harry stated that the Board did have the letter from the Fire Marshall, which states that 201 people would be allowed to occupy the building. Jere asked Fred to explain his work with the Fire Chief. Fred spoke about the occupancy, how they determined the number that would be allowed according to the Life Safety Code, which would have to be approved by the Fire Marshall. There is no seating, so it’s based on 7 sq. ft. per person standing or sitting. The usable space was divided by 7 to determine the number of people allowed in the building: 201 persons. Jere mentioned 10.7, which concerns parking; and since the Board is looking at parking, he wondered how many parking spaces should be allowed for 201 people. Dave said 67
would be needed, which Fred confirmed. Harry stated that three rooms were considered inside the house. Jere asked about the residence for the monks. Beth stated that there are two areas where people would meet with the monks – a small room where monks could meet with people and one larger room – a waiting area or a place where children and parents could go during meetings.
Caroline asked what the setback was on the front from the first parking space. She referred to 10.7.85 of the ordinance. The setback is 50 ft., she stated. Beth said they did check that and amended the plan so there would be greater than 50 ft. back to the first parking area. Jim thought that several of the first spots looked like (plan of 10/16/07) they were closer than 50 ft. Beth asked if it was 50 ft. from the center of the right of way or the edge. Caroline stated that it was the edge. Jere asked for clarification by Beth on the plan and asked her to post it for the public to see.
Caroline wanted to know if parking that was being allowed by neighbors would offset the spaces that were shown which were in question. Jere asked if there was a little room at the rear of the property, and Beth stated yes. Keith mentioned that other businesses in town are allowed parking closer (within 5 ft.) and thinks all businesses would not be in compliance with 10.785. The last sentence is the one Caroline is referring to. Jere stated that the Board would have to make a determination on this.
Caroline commented on the protection for the temple and neighbors regarding off site parking terms, hours, etc. in writing might be valuable although not required. Jere mentioned that properties might be sold and then the parking might become an issue. Jere believes that a sufficient number of spaces should be provided on their property. He doesn’t think it would work to have neighbors allow parking because the sale of property might impact this. Harry also spoke about this. Jere stated that there would be no parking on Back Nippin Rd at any time, and Beth agreed that the temple was prepared to honor that.
Janice Laughlin (125 Back Nippin), who lives across from the temple spoke as the first abutter. She has a couple of concerns – amount of traffic and speed of traffic (people driving too fast). Her other concern was the septic system. She noticed they’d put in a port-a-potty last year, and she would prefer that it be placed in a location not visible to her across the road. Beth stated that it would not be an issue. They could put up a physical, visual break to hide the port-a-potty. Jim wanted to know if it could be added to the plan, and Beth agreed. Beth stated that the septic system is designed for residential use and is only planned to be used by the monks who are living there. They’ve stated that they’ll provide the number of
toilets needed for the larger events that they plan to have. Beth stated that they do have a septic design in place that they could put in at some future point if that needed to be done.
Caroline asked for Beth to address the traffic and speed. The temple would do whatever they could to encourage people not to speed. She thought they would have to talk about this with the Town. Jere stated that it was a law enforcement issue and not an issue for the temple. Beth stated that they would instruct people not to park on Back Nippin Rd, and she thought people would have to expect to be towed. Jere clarified that the Temple would have to be policing this if it is a condition for approval; otherwise, they might face fines or loss of their permit for use.
Lawrence and Karen Miller own Lot 43-A, which abuts the applicant’s lot for about 1,000 ft. For the most, they support the applicants and want to keep the environment as it is. They understand the issues for the community—noise and traffic—but, on balance, support the application. They understand there could be celebrations seven times a year; and so far, there has been little noise except for one time when a band was practicing. Once the concern was made known, the noise stopped. Mr. Miller asked about what could be expected during the celebrations. Ben Collings spoke to this. He is not a Buddhist but supports their wish to celebrate their religion freely. He’s seen some people bringing their children in and people having coffee
outside. In the fall, 2006, everything was inside but then they did a small parade around their building with a little noise. Navan Leng stated that they’re not having any loud music any more as they want to get along with their neighbors. They have small drums, which they may have around the building, but no speakers.
Jere asked how many festivals they would have a year – how many times would they have a larger number of people. They’re open every day and people are always welcome, stated Navan. Probably noise from small drums might happen only once a year. The New Year is a little different. He thinks that they’ll have celebrations about three times a year (possibly two). Keith asked if it was true that only a couple of times a year they might have a couple hundred people there. Navan stated that the two big ones were in April and September, sometimes in October.
Mr. Miller had submitted a letter to the Board commenting on the application dated 11/28/07. His letter was based upon the applicant’s submission of 10/16/07. He has looked at an updated submission of Dec. 3rd and wondered if the Board would consider his letter as part of his presentation. Referring to 8.2.B, the principal item there is that the proposed use not affect the value of adjacent properties. He thinks if there will be no significant noise, if the parking will be contained on the property, and if not too many instances of parking being done elsewhere occur, he doesn’t think it should adversely affect the value of his property. He doesn’t see a problem since he’s upland from any runoff. There’s a row of bushes
– invasive brush, and he’s heard some talk about removing it. The Millers would expect some replacement there if this was removed. If they’d like to put in some additional screening where cars would be parked, they’d be happy with that but not insistent upon it. He wants to comment on parking in the setback – 10.7.A.5 – No off street parking will be allowed. He thinks the last phrase is important and refers to an earlier comment. He thinks it is important if there’s been a different practice allowed by the Board. He doesn’t feel there should be any parking in the road. He urges the Board to consider what has been done with other people.
Alicia Campbell, an abutter, lives on the other side from Mr. Miller. Unlike the Miller’s, she believes they are down slope and is concerned about runoff from a large parking lot... She refers to 10.7.8.2 and asks how much square footage of space would be needed for parking? What would be the parking lot size? Jere explains that space for parking is based on square footage of the building. Jere refers to 10.7.3.G. and says that the Board has agreed to review this as a church. Jere stated that a space would generally be 9 ft wide. Caroline refers to a section of the ordinance for clarification. They’re not increasing or enlarging the structure, so they’d go by the method the Board has decided upon. Alicia was getting at the sheer size of
the parking area as she feels it would affect the value of homes in a rural zone.
The minimum size of a lot is almost five acres, and this lot would not be enough for two uses, Alicia says. She wants to know how the Board is considering two uses in a rural zone. Jere said that’s why they’re here for a conditional use permit. He stated that Fred has the authority to give a permit for certain uses. There was some discussion about how Fred would make his decisions. Jere said that it depends on the Land Use Table. Jere stated that the Board is looking at the application as a church, which is permitted as a conditional use in a rural zone. Alicia questioned whether the ordinances were updated on the website. Jere thought they had been recently but also stated that she could obtain a copy of the ordinances from the Code
Enforcement office for $6.50, he thought. Jim stated that the Land Use Table wouldn’t change from the website. Other churches have been approved as conditional uses in town. Alicia thinks there are only 31 or 32 homes on the road; she lives on a quiet road and lives there because of its quiet nature. The impact of the traffic would be enormous, she thinks. How would it be safe for their children to have 200 people on their road on a regular basis, Alicia asks. Keith talked about road share; and as far as people coming in and wanting to put a church there, they have the right to share the road as long as they meet the ordinances. Keith stated that Rt. 112, Back Nippin, Rt. 117 and Rt. 22 all have 10 ft. of pavement and 2 ft. of shoulder.
Alicia refers to the visual barrier referenced before. She said there used to be an enormous visual barrier, but they’ve cut some of Alicia’s smaller trees and some branches of older growth so now they see everything that goes on over there. She said they do have a fence, but there’s no barrier now when they sit in the living area of her home. Jere stated that this was something that the Board would consider.
Alicia asked about a professional plan for wetland delineation. She wanted to know if this is required. She noted that it had been required in 2006 when the original plan was submitted. Fred stated that this would be done if a raw piece of land was being looked at but this is an existing piece of property that has been developed. Dave said he thought they were able to see all the runoffs that were visible on their site walk and described a runoff/ditch that they’d seen. He said that it was their conclusion that any runoff would be taken care of naturally. She asked about the Federal wetlands, and Jim said that the wetlands to the rear are jurisdictional, but it was the consensus of the Board that they were far enough away from the temple.
Alicia asked about categorizing the temple as a home occupation? Jere stated that the Board has decided that it would be considered as a church. She said she had to come before the Board for her Daycare. She wanted to know if it would be acceptable for people to live there as a residence? Is it a residence or is it something else? Jim stated that more than one use is allowed in many places in town. The church would be the primary use. Jere feels it is the duty of the Board and Code Enforcement officer to try and fit things into the ordinances as written. Jim thought that the Temple people didn’t feel they had to come before the Board because they’re not holding regular services as people come and go. He felt that the best way to review
this would be to consider it a church. That’s what they’ve come up with after some deliberation. He would love to have some professional assistance to come up with a document that would be clearer, but it would be much longer and perhaps take a number of lawyers to interpret. Alicia’s point is that places designated, as the rural zone wouldn’t include parking lots, traffic, or large gatherings. Jim asked if her perception is different than what has been presented by the temple. She wants to know if the approval would include a certain number of people, vehicles and gatherings. Dave stated that there is no mass gathering ordinance or permit within the Town. Alicia believes the State of Maine has mass gathering laws? The number of people and gatherings were her concerns? Are there any protections concerning this? Jere stated that they would address this. Keith commented on the house and church
on the same lot at Buxton Center as an example.
Peter Burns, of 164 Back Nippin Rd, said his residence is about 200 yds. from the temple. He’s not opposed to any religious gatherings. He’s had concerns about a gathering that had about 100 vehicles parked everywhere they could – gatherings going on without approval of the community’s ordinances. He challenges the town to enforce the ordinances so that fire trucks, ambulances, etc. can get through there. People from the temple did go and talk with him and he expressed his concerns to them. They thought they could insert something in their invitations regarding the residential area and concerns about children. He felt that a more formal parking area needs to be constructed. He is concerned about the enforcement of the ordinances.
Keith stated that the person from the temple that they dealt with originally wasn’t amenable to working with the Town. Another group has come in and has been more willing to work with the Town. Jere stated that they can put in all kinds of conditions, but the Code Enforcement Office and Board of Selectmen have to see that they’re enforced.
Jean Harmon lives approximately a qtr. of a mile from the proposed temple. She is also a member of the Board of Selectmen so gets the phone calls first when anything is happening on her road. She asked about the monks using the residence and the septic system. Where do the people who take advantage of the spiritual guidance use the bathrooms? Jim explained that 360 gal. A day would be required for a 4-bedroom single-family dwelling. Jim stated that 4 gal. per seat would accommodate 90 seats per day as a church. He thinks the smaller use occasions would allow the system to accommodate the number of people who would be there. Beth stated that this was correct. Jean wanted to clarify that the septic would be used by people coming to the temple and not
as was previously stated that just the monks in residence would be using the system. She agrees with Ms. Campbell that the residents need to know how many times a year there will be large gatherings. She doesn’t feel that children should be prohibited from riding their bikes or people from riding their horses, etc. She wants to stress that safety is a No. 1 consideration. There will be 67 additional vehicles allowed on the road whenever there is a large gathering. She’s concerned about the environmental impact and wants to know what the surface will be for the parking area. Beth stated there would be a gravel-surfaced roadway and pointed to the drawing which included a cross section of the surfacing of the parking lot. She wants to know if there is a possibility of expansion of this in the future. Jere stated that they would have to come back to the Board for approval. Jean asked who pulls the permit if there is a
violation. Jere stated that it would be Fred. Jean is concerned about the capacity: 67 vehicles and 201 people. When they were holding their services without a permit, there were more than 2 or 3 people per vehicle, sometimes up to 5. Jere stated that it would be the purview of the Code Enforcement, law enforcement, or Fire Chief to monitor the number of people. She expressed concerns about 8.2.B.4. Jim reviewed the Maine State Plumbing Code and thinks the septic system and the plan design of the system if it should fail would be adequate. Jim feels they’ve done their best to come up with a plan. He is a wastewater professional and feels that it is being adequately addressed. Jean said that she would hope that whatever conditions are put on this conditional use would be thought over carefully. She doesn’t feel that the temple people have had any concerns for the town ordinances in the past, and they
need to know that any restrictions put on will be enforced.
Annie Ashby, 11 Overlook Dr. off of Back Nippin Rd., spoke about growing up in the neighborhood and understands the issue is when other people aren’t sharing the road the way it is intended. She mentioned people coming out of the residence and the speed.
Dennis Sweatt, of 146 Dunnell Rd, expressed concerns about the bathrooms. He didn’t know if there was a provision or if anyone could have any kind of gatherings where there would be portable toilets outside on a permanent basis. If they were getting the permits when they should have, would they have to pave their parking lot later? Keith stated that it wasn’t required of a recent church. Jere mentioned a Grange that has a portable toilet, and Barbara mentioned a church. Dennis felt that Ms. Campbell was “blown off” regarding the barrier. Jere stated that he’d lived in this town for 26 years, and he wouldn’t care to have any other houses built but feels that people have the right to buy property and use the land, as they’d
like.
Rusty Miner lives on Back Nippin Rd and recently signed something from people at the temple stating that they could have three gatherings a year. He’s worried about the temple having more gatherings. He’s worried about his children getting hurt, and he’s spent seven years working on an old farm house where he moved from an intersection in Hollis. He’s worried about the cars from out of state and the safety of his children.
Dave wants to apologize to the young woman whom Mr. Sweatt thought they’d “blown off.” He went on to explain that the buffer height in the ordinances was 6 ft. and that the buffer might be a moot point if the Ms. Campbell already has a 6 ft. fence.
Janice Laughlin has additional concerns about the septic system. She knew that the septic had to be pumped out often when the previous owners had the property. She wondered if anyone had evaluated the system. They’re not required to replace the system, Jim stated, unless wastewater comes to the surface, which anyone is required to do. He believes there are measures in the Maine Plumbing Code to protect people from septic problems. He thinks this issue has been studied and addressed adequately.
Wayne Fuller who lives on Back Nippin Rd. hasn’t heard about the sight of vehicles coming out of the driveway of the temple. Jere stated that they agreed that this was okay when the site walk was done. Wayne would disagree with the septic issue. He believes that the runoff may go into a wetland area through a flow that comes directly onto his property. He thinks there should be some kind of retaining pond to filter runoff coming out of their parking area. He asked about walking paths and are they open to the monks or others visiting the temple area? Beth doesn’t believe that walking paths are part of the application, and she isn’t prepared to talk about this.
Jere asked if the Board is ready to address this tonight or table this until the next meeting. Caroline thinks that all points need to be laid out. Jere wants a revised plan for the parking. Dave wants to address noise requirements staying within the ordinances. Jere wants to know if the temple will provide a specific number of gatherings and agree to this. Ben said that realistically he thinks there would only be three. Jere thinks that a specific number of gatherings would need to be addressed. Dave doesn’t think the Board has the right to put any restrictions like this on the temple because there are no mass gathering ordinances. Ben Collings said they don’t have weekly gatherings, but they might have some special gatherings he’s
unaware of now. Based on the customs, there would be two or three a year. As they’ve spoken to the neighbors, Ben felt they wanted to work with the neighbors so they’d have a good relationship. They would educate them about what would be going on. They’re not just asking to follow the laws on the books but would be willing to work with the neighbors beyond the laws. Jim spoke about the portable toilets. Harry asked about notification of the neighbors for large gatherings. Jim doesn’t have a problem with the limiting of events. Dave doesn’t think they have the right to limit gatherings. Jim asked to have something on the plan regarding the buffering for Ms. Campbell. Beth states that they can consider that but doesn’t think that they could do anything about the trimming that’s been done. Beth asked about the revised parking plan, setback from the road on the front, site
of portable toilets with description of the barrier to be placed around them, and any other info the Board would need. She asked about restrictions around the number of large gatherings and to define “large gathering.” Caroline refers to 8.3.A, which appears to give the Board the right to state any conditions it wishes regarding conditional use permits. She wants to have them work with the community on how many of these bigger events are being planned. Barbara asked Fred about the seven events in the first application. Beth said they could define the event, when it usually takes place, etc. When the 202nd person walks through the door, the event organizers must deal with that situation, Jere said. Jere thought they might come back in a year or two; and if there have been no problems, the Board might be favorable to amending the conditions allowing more events if necessary. Beth asked about taking the Dec.
3rd application and amending it to add these items, plus the additional plan, and carry it over in the next public hearing for review including the number of vehicles allowed on the property. Jim spoke about the temple supporters vs. neighbors and the driving too fast as something needing to be addressed in the spirit of working with neighbors. Barbara asked if they would put it in the conditions that there would be no parking on Back Nippin Rd., and Beth stated that they were absolutely clear on this. Jere asked if Beth was clear on what is needed. Jere stated that they would like to have the info in to continue the hearing by the week before the 11th of Feb. meeting as there won’t be seven days for them to get it in prior to next Monday’s meeting.
· Motioned by Keith to continue the public hearing, seconded by Jim. The vote was unanimous.
At 8:55 p.m., a 5-minute break was announced, and the meeting resumed at 9:07 p.m.
Roxanne Eflin – discuss services from Southern Maine Regional Planning Commission. Was not able to attend.
Discussion of site walk for Francoise Paradis who has proposed a Co-housing Community plan that the Board categorized under Section 11.17.A Multi-Family Unit, located on Marshall Lane; Tax Map 10, Lot 147. Requested to be moved to the agenda of January 28th.
Discussion of site walk of Allen & Lisa Cox of 7 Warren Road who’ve submitted an application for a conditional use permit for a kennel; Tax Map 1, Lot 197-2.
Jere stated that the Board met on the 22nd of Dec. at the site. Jere, Jim, Caroline and Harry were present.
· Motioned by Keith, seconded by Harry, and the vote was unanimous to hold a public hearing on Feb. 11th for this conditional use permit. She should be the first item on the agenda.
Lisa asked about licensing the dogs since the Feb. 1st date is coming up, and Jere thought she might talk with the animal control officer. Dave recommended that she call John Meyers at the Town Hall during the day to see if there could be any extension, as he would have the authority to grant that.
School Administrative District #6 has submitted more information for the new Buxton Elementary School located off Long Plains Road; Tax Map 3, Lot 88-2.
Brian Keezer with Harriman, the architects designing the school, spoke. They’ve submitted quite a large package to update all drawings and information. The major addition was the storm water management section, which they’ve submitted to DEP in late Dec. They’ve proposed to re-locate the main entrance because of comments from abutters, police chief, etc. They’re going to push it down towards the current entrance. They’ve worked with Mr. Weymouth on some possible options for screening outside of his home and spoke with him tonight. Brian stated that Harry is leaning towards one option. They’ll still need to obtain a “sign off” with the State Historic Preservation office
regarding the Savlesky house. They’re working with the State on the location of a well, which has been difficult. He hopes that they’ll come up with something in a week or two. They’ve met with people regarding the historic site. They’re working on the wastewater disposal field approval. They hope they’ve provided all of the info for peer review. The Board has had several applicants for peer review, which will be opened tonight. They will go into a workshop tonight at the end of the meeting to open the bids. A selection will be made at the next meeting. The Board will have to meet with that applicant and then have another meeting with Harriman before the public hearing.
Jere mentioned that he thought the district would like to break ground in April. Harriman has made their 95 percent submission to the State and Fred Farnham; the State Board of Educ. meeting is Feb. 13 at which they’re intending to seek approval. This will allow the project to go out to bid (tentatively Feb. 27), tentatively accept the bid at the end of March, and break ground in April. Dave asked about the status of the removal of the house. Keith stated it was in the process of going over onto the Groveville Rd. Brian thought the superintendent was negotiating a date by April 1st to get the house moved. Jean doesn’t have any info. Dave stated that the Planning Board doesn’t have any particular
standing on that issue but just wondered how this was progressing. With relocation of the driveway, this won’t be as much of an issue. Back in September, they (Frank Crabtree stated) met with the police and fire chief and hey met again with the police and new fire chief a few weeks ago. Chief Thomas wasn’t aware how far they were suggesting moving the driveway. They hadn’t established a specific location at that time. When she saw the revised plan, she didn’t realize they were proposing to move it that far. A few weeks ago, they had another meeting and Harriman has received a letter from Chief Thomas approving the new location. The new location is about half way between the existing and proposed location. They’ve moved it about 50 ft. north.
Jim wondered if Frank was the structural guy. He wanted to know if they were going to preload this site with fill before the school was built. Brian didn’t think S.W. Cole recommended any preloading. Jim asked about a wastewater engineer. He saw that Steve Howe was mentioned but knew he was a soil scientist and site evaluator. Brian mentioned Steve Pinette as someone with whom they’d been working. Jim doesn’t see the stamp in any of the paperwork of any engineer? As part of submission to Jim Jacobson of the State, he knew they’d need a stamp on the plan. There was some discussion about the need for a wastewater engineer. HHE200 was referenced in Section 12. They’ve provided
one copy of the nitrate analysis, groundwater mounting analysis and more for the peer reviewer. Jim Jacobson’s letter was addressed to Steve Howe so Jim saw no reference to a wastewater engineer.
Caroline wondered in looking at the Maine CDC about who would be granting a variance for minimizing fill intrusion into the play area. She asked how many classrooms are there exactly. Frank thinks there are 32 classrooms but would have to verify. When they were doing the parking analysis, he believes the number is in that document. She was curious about the Hanson School and knows it will be up to the town what to do with it. Is there provision for traffic if the town were to use the building? Frank stated that they would be able to access that through the proposed entrances and traffic flow areas.
There were questions about the existing Frank Jewett School being served by the proposed well and septic? The Hanson School’s septic is located across Groveville Rd under a leased agreement. The well is behind the school. Jere asked about how the Hanson School will be turned back to the town. Frank stated that they wanted to leave pretty much everything that was there so that there would still be parking available adjacent to that building. What about wastewater capacity? Their plan includes the Jewett School. Hanson will continue across the street. They’ve allowed for 150 students and only 5 staff. Originally, they were looking at 200 students and staff. If wastewater is being considered, is the
replacement for both schools now going to the new school? Jim doesn’t think this is addressed for the old building. Brian stated that it is such an unknown that they were just putting in rough figures. Jere encouraged the Board to put together all of the questions they have for the peer reviewers.
Jere will have Krystal send Harriman every application that they’ve received for peer review; he anticipates the peer reviewers working through the technical issues. At the next meeting, the selection of the peer reviewer will be made unless they have additional submissions.
John Pompeo of Pompeo Sand & Gravel has submitted an application for a wood waste processing facility at the 262 Webster Road gravel pit; Tax Map 7, Lot 23.
John stated that he is applying for a wood waste processing facility. The DEP states it that way, but it is basically taking care of stumps. Jere asked how many times a day or week would they be grinding? They’d have a stockpile at their pit, John said. The DEP mandates how big a stockpile they could have – 2 acres. He doesn’t believe they’ll ever get to that amount. He thinks that they’ll grind them about twice a year. He guesses a couple of times a year – perhaps in the fall and spring – maybe once a year. He wants to be careful not to be limited to two. He would have them cut up in one day and probably grind them in half a day. He’s talked with a couple
of people. He understands it would be a “permit by rule” with the DEP. There’s one spot they can pile stumps on, which he shows on the plan. Jim’s understanding is that it may be required to be more than 150 ft. from the lot line. Eric (Campbell) is the one who will work with them for the DEP permit by rule. Within those requirements, what will they be doing, Jim asked? Jim would like more specific information. If John were going to submit to the DEP, they would like to see the submissions. John said that Mark Stebbins told him he would need to get the permit from the Town. Jim stated that they’d want to make sure he was totally in compliance. They would be going on “good faith” that they would be operating according to requirements. Caroline wants to confirm a couple of things. Is this operation just going to be for his business? Would they be taking some stumps
from others? John said they’ve taken some stumps from other people. The DEP favors this material that he’s working with. Jim wanted to know if they would be considering selling it locally if they had enough. John said he doesn’t think they’d have enough but would if they did. John said they’re kind of recycling these as they’ve been dumped everywhere. Caroline asked about whether they’d have equipment there. John said they have existing things there. Jim asked about having to stick thermometer in the pile to monitor spontaneous combustion. Caroline asked about the hours. John stated that they wouldn’t change them from the current hours. He thinks 7 a.m. to 8 p.m. Jere asked if the Board was prepared to do a site walk. Jere asked them if they’d have a stake where the pile would be. John said he would have something there to show them the
product as well as the storage area. He would plan to be there if he knew when they were coming. Barbara, Keith, Harry and Dave could go Sunday morning for a site walk. Jere said he would stop by later on his own since he’ll be away for the weekend.
· Motioned by Keith, seconded by Dave, to hold a site walk on Sunday, January 27, 2008, at 9 p.m. The vote was unanimous.
They’ll meet John at the shop on Webster Road. Where will the grinders be placed? Stumps? John found out about the need for this through an inspection of their pit. Jere asked if John would need to add the hours of operation to their application, and the Board was pretty much in consensus. Fred stated the hours were weekdays 7 a.m. to 8 p.m. and on Saturdays 8 a.m. to 2 p.m.
CEO Report: No report
Approval of Minutes:
December 10, 2007 – postpone until next meeting
Approval of Bills: postpone until next meeting
Communications:
Open peer review letters – wait until workshop
1. Beth Sturtevant letter
2. Shoreland zoning work has been postponed for one year – Jere thinks the Board should continue with work on this so they’re not doing it at the last minute.
3. Flyer regarding conference – deadline was last Wed.
4. Letter concerning extension of DEP deadline
5. Student at Bowdoin College – Jere said he would leave it up to each individual Board member if they want to respond. They would need to wait until the application has been approved. Each member could contact the student for an interview.
6. Letter from Harry Weymouth concerning procedures of school proposal.
7. Copy of the budget – Dave was going to mention that he hoped to have on everyone’s desk next week a copy of a proposed budget.
8. A Letter to Selectmen from So. Me Regional Planning, about changes in the budget process that might happen next year. York County might not be funding them so they’d be looking for a larger contribution from the town. Ms. Eflin will be coming in to update them.
Jere said that Harry Weymouth called him about concerns regarding the access road to the school. Jere couldn’t talk with him specifically. Harry is satisfied that the location is better. Harry said there was an error in what was said about the police chief by Harriman representatives. Harry followed up with the police chief. Statements were made that swayed the Board the first evening about the location of the entrance, which Harry then followed up on.
Barbara expressed concern about doing site walks with so much snow on the ground. Jim said he never has heard of holding up applications because of snow. Barbara read from a newspaper article. Keith says he’s heard from DEP that wetlands cannot be seen with snow on the ground. Jim states that if that’s the position that Barbara wanted to take, then he thought they should get a legal response from the town’s attorney. Jere felt that if a previous Board thought it was so important, they should have made an ordinance to that effect. Jere feels that if a majority of the Board is willing to go on a site walk, then the site walk should be held. Jim thinks that going to the town’s attorney is the way to address this issue. Jim stated that there would be
a conditional approval if there’s any reason for any doubt about issues on a site.
Caroline was thinking about getting some applications for the Board to review that might give the Board more info prior to their review of applications along with letters from police chief, fire chief, etc. She’ll get them to Krystal to disseminate.
Other Business:
Review of findings of fact for Kellie Short and Josh Jewett & Jennifer Granillo: postpone to next week
Keith wanted to mention that for ordinance changes, about the new roads being put in, they should look at waiting for approval until the next June. Keith thought that they could make the developer repair roads after the first frost heaves prior to acceptance by the Town.
· Adjourn (by 10 p.m.) to a workshop to review peer review letters for the Buxton Elementary School. Motion by Keith, seconded by Jim, Vote was unanimous.
Approval Date: __________________
_________________________________ _______________
Jeremiah Ross, III, Chairman Signature Date
| 
