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Planning Board Minutes 05/27/2008
Town of Buxton Planning Board
Meeting Minutes of May 27, 2008

Planning Board Members Present: James Logan, Caroline Segalla, Jeremiah Ross, David Anderson and Harry Kavouksorian.

Planning Board Members Absent:  Barbara Elwell, Keith Emery

Others Present: and Fred Farnham, Dan Riley of Sebago Technics, Dan Aceto, Robin Tannuebaum, Phil Capland, Robert Libby of BH2M, Peter D. Pinkham, Andy Lord, Paul, Joyce, Zachary and Brandon Lurvey, Debra Holloway, Brian Keezer of Harriman, Elizabeth White, Linda Caouette, Jonathan Mapes, Joanne Gagnon, Don Gnecco, Carol Weeks, Bill Hoffman and Shawn Cram.

Chairman Jeremiah Ross called the meeting to order at 7:00 p.m.

Francoise Paradis proposing a Co-housing Community plan, categorized under Section 11.17 as a Multi-Family Unit, located off Marshall Lane; Tax Map 10, Lot 147.  
Board member Jim Logan and site evaluator for the project steps down and leaves the room during the presentation.
Francois Paradis describes the project as a Co-housing lifestyle started Denmark in the 1970’s community life style.     Ms. Paradis stated this is not a “hippy compound”.  The community is to share similar resources are and attracts like-minded people who want to live in a supportive community.  All residents own their own dwelling unit within the community and have their own financial lifestyles.  Sharing significantly reduces the cost of living and limits the use of unnatural and natural resources.
Residents are happier to live in a supportive community and social network.  This Idea is not new, it has developed Over 900 co-housing communities in North America.   All the building materials are green and sustainable.  The community is open to all ages, family compositions, religions and race.  Will conserve the contours to the land and remain open space.  The community will consist of five multi family living dwelling units and include with a community building, walking paths, and community gardens.  We are utilizing local materials; personnel and design team Built out of concrete and recycled rubber roofs that look like slate.  I intend to have one vehicle owned by the community.  It will be a drug and tobacco free in the community space.  The community build will be a place for social events, game room for teens, play room for small children, community laundry, exercise room, quiet room, and office space and community meals.  Four units are committed and four others are serious prospects and feel confident that all 20 units will be filled.  It is not a commune, but a beautiful design for harmonious living.  The community will bring Notoriety and tax revenue for Buxton.  Ms. Paradis commend the planning board for their support and guidance for the project.  
Steve Bradstreet with Oak Engineers presented the project as a 29.7-acre parcel, confining the developed area to the front 10-acres.  Leaving the remaining area left natural with a bark trail out in the woods.  Marshall Lane will be constructed to Town standards with paved shoulders up and in to the proposed property, where it becomes a private road.  Mr. Bradstreet has met with Lary Owen and they have agreed on a unique hammerhead to allow access off the side of the hammerhead for the road, snowplowing and vehicle turn-a-round.  Stormwater involves stormwater quality and quantity control.  It has been a challenge locating three septic systems plus an alternate, designed by Jim Logan, along with a stormwater wet pond, because of the stormwater quality aspects and the inability to use the subsurface soils for infiltration due to the groundwater table is a limiting factor.  The wet pond is proposed, which will be naturally fed by the groundwater table.  They are also utilizing the wet pond as a fire pond rather than installing underground tanks.  All water will be directed into the back of the property.  A pre-submission meeting with MDEP to discuss the stormwater control facilities for the project.  
Phil Capland discussed the architecture of the buildings. The project has three different buildings – 4 units with either 2 or 3 bedrooms and one with a 500 sq. ft. in-law apt.  No need for a full basement.   Slab on full basement.  One aspect of co-housing is trying to have interaction with the other community members.  The second floor has bedrooms and a bathroom with laundry and attic space with vaulted space above for storage.  Mr. Capland continued to describe the exterior design of the buildings.  The project will use insulated concrete forms to allow the project to use no fossil fuels, geo thermal heat pump, solar tiles and solar electricity.   
Questions from the Board: Caroline requests to have the following items on the plan: rain gardens, bi-retention cells, septic setbacks, shoreland zone setback, impervious surface, setbacks, landscaping, and location of mailboxes. Caroline has a concern with the community building being open to the public and requests for the applicant to show additional parking for a 3,000qu. ft. building.  The Board is also requesting letters confirming the discussion with fire chief about the wet pond used as a fire pond and storm water purposes.  Along with a letter from Lary Owen for the hammerhead, turn-a-round radius is sufficient and state and local Historical Society letters.  Caroline will make a list and submit it to Fred for review.
Jere asked for a letter from the acting Fire Chief with clarification for the location of the fire pond and dry hydrant is adequate and the private roads are wide enough for the fire equipment to turn around.  Requests the location of the wells be on the plans and the calculation of the impervious land and zoning calculation for the total amount of units on the 29.7-acre parcel.  A bond is required in section 8.4 for the fire pond and the road, the amount is determined by the estimated cost for Marshall lane and fire pond.  
Fred contacted the town attorney questioning if they need a ROW?    Town Attorney Bill Plouffe said the access road does not need to have a ROW, The construction of Upper and Lower Hamlet needs to meet the Fire Chief and Highway Directors requirements for withstanding the weight of the trucks.   Once the terminus of Marshall lane is reached at the hammerhead, the remaining area is up to you as long as the Fire chief can reach the areas.
Ms. Paradise Spoke with Greg Heffernan, Solid Waste Director at the Transfer station will have a place at the hammerhead for trash collection.   Recycling materials will be collected as a community and delivered to the Transfer station.
Mailboxes will be inside the community building. The Board is requiring a letter from the Gorham postmaster indicating his approval.  Caroline asks for spec sheets for the solar lighting.  Fred noticed the plan shows 3 sites for the septic system being 125 feet long.  Back in March ‘08 Jim Logan, site evaluator indicated the leach fields are 23’ x 88’ long --- the correct size and location need to be on the plan along with setbacks and a revised plan from Albert Frick Associates.

Jere asked if the Board feels the applicant has provided sufficient information to set a public hearing?  
  • Motioned by Harry, seconded by Caroline to schedule a public hearing for June 9, 2008 for Francois Paradis Co-housing Community Plan on Marshall Lane; Tax Map 10, lot 147.   Having no discussion the motion passed with a 4 – 0 vote.
Motion to adjourn for a five-minute break
Board member Jim Logan re-joins the Board

Discussion of site walk for Daniel & Roberta Aceto have submitted an application for a warehouse & outside storage facility located at the intersection of Narragansett Trail and Atkinson Road; Tax Map 8, 20A-35.
A site walk was held on May 19th, attended by Harry, Caroline, Jim who did not see anything that was going to be a problem.   Harry said they met at the site where everything looked good.  They have a letter from MDEP stating no vernal pools and the drainage was fine.  Jim would follow up by adding they discussed the change of elevation and to cut some of the material from site, level it from 2 to 9 feet of cut, with some significant regarding.  Two rows of white pines where planted in front for a buffer.  Carline thanked the applicant for planting the tree buffer in front and the parking on the side.  The applicant is trying to preserve the natural landscape as much as possible.  According to MDEP letter dated May 12th a stormwater report is not require for an area under 0ne acre.  But Section 8.2.B6 page 8-2 of the Town of Buxton Zoning Ordinance requires an evaluation of a 25-year storm plan.  Caroline would like to see impervious calculations on the plan and a note stating any future expansion the applicant will return to the Planning Board.  If possible have the lighting turned off after closing to minimize the glare to the abutter across the street.

Jere asked if the Board feel the applicant has provided sufficient information to set a public hearing?    
  • Motioned by David, seconded by Harry to schedule a public hearing for June 9, 2008.   Having so discussion the motion passed with a 5 – 0 vote.
Discussion of site walk for H. A. Mapes have submitted an application to redevelop the existing JD Variety at 222 Narragansett Trail to a gas station/convenience store that includes a drive-through donut franchise and a take-out fast food franchise; Tax Map 10, Lot 81B & 81A.
Site walk held on Monday May 19th Harry, Jim and Caroline attended.  Harry wanted to thank Sebago Technics and others for answering question of the Board and the abutters.  Most of the questions are managing spills and impervious storm water runoff.  
Jim had to leave, but some of the abutters have serious questions with noise from idling trucks, traffic control, and stormwater, know problems with the site development with the plan submitted.  Caroline has a list of names of abutters who attended the site walk for the record.  Concerned about wells and contamination.  Stormwater runoff, noise from idling trucks and air brakes, 24 hour drive through, distance between two driveways.  Dan Riley of Sebago Technics addressed the questions brought out at the site walk:  
Stormwater – containment of any spilled fuel, installing a casco hoods on the catch basin before they spill into the stormwater treatment pond, fits over the catch basis and forms a trap.  A canopy will cover all fueling stations; this prevents rain from falling directly onto pumps, giving any small spills by the pumps time to evaporate rather than runoff to the abutting property.  On the concrete pad around the fueling islands has grooved joints in the concrete on the outer perimeter, forms a secondary containment for a small fuel spill.  The application is required to meet the DEP chapter 500-stormwater quality treatment rules, which will require under drain filtration grass filter stormwater detention basin that will provide quantity treatment as well as quality control for the rear of the site.  Also removing pavement in the front of the site.  A pre-application with the DEP is schedule for June 2nd.  Jere confirms it is the applicant’s responsibility to contain any runoff from this property to your own property.  Which will be directed the rear of the property into the detention area.  Mr. Riley said they have two storm water quality standards they need to meet – treat 95% of the proposed impervious area has to be treated through a means approved by DEP.  The requirement for treatment will be to remove pavement and restore with grass.  The existing condition runs down Route 202 into the ditch toward the soccer field.  The proposed plan will collect into the grassy catch basin to the middle area where the pavement is being removed and in to the next catch basin along route 202.  The removal of the pavement will reduce the rate of runoff in the area.  Caroline asked what the Board would require for the two-year storm event.  Mr. Riley explains the discharge event to be 2.1 cfs and the post development to be 2.4 cfs.  One of the proposed watersheds were over sized, an adjustment has been made on the plan and how the watersheds were designed.  They will submit a corrected report.  Caroline asked if a copy of the inspection maintenance and housekeeping plan re-certification process be supplied to the town?   Not required by DEP, but the Town could request it.
Buffers -  The plan shows evergreens along the parking lot that abuts the right side of the property.  It was agreed at the last meeting to extend the trees further down along the property line.  Also would install a stockade type fence to provide a visual screen to block headlights.  The dumpster is located at the rear with a stockade fence around.  David requests for the fence to 10 or 12 feet high.  Caroline requested under Article 10.7.F requires a 15-foot buffer strip along the front.  Shade trees every 50 feet along route 202 and 3-foot shrubs for aesthetic reasons, as long as they do not interfere with site distance.   Buffering along where the trucks will be parked, the dumpster area and around the drive through.   This would add to the look of the Town.  Jim agrees with the attempt to buffer would benefit the abutters.  Harry asked if the plan calls for any trees between the building and fence – landscaping in front of the fence.  Mr. Riley stated it did not, but it could be added.

Noise- The abutters have many concerns with the noise that would be generated from the parked trucks, the drive through and the activity in general.  A vehicle parked at the light on 112 is approximately 215 ft. from the closest house.  The diesel fuel sales are generally contractor trucks.  The distance in the rear of the proposed plan is about 100 to 300 feet further from the building.  Capture the traffic already on the road and does not feel it will increase traffic.  Noise ordinance you are responsible for decibel readings at certain times of the day in section 10.6 of the Town of Buxton Zoning Ordinance.  The applicant does not feel there will be a significant increase in noise based on increased traffic. The Code Officer will monitor the noise levels in accordance with page 10-3 of the Town of Buxton Zoning Ordinance.
Harry asked how the noise would be amplified – Mr. Riley said the sound from a point source would attenuate about six decibels for every doubling of distance.  The truck activity would be moved approximately 240 feet further away from where the trucks park now.  Possible rotate down further to have the store between the trucks and the abutters on the right side of the building.  Caroline asked if they know the level of noise from drive thru location of the order window.   Will project toward the soccer field verses the abutters.  Trucks parked overnight with engines on will be enforced to control noise with the abutters.
Hours of operation – The applicant has not submitted the hours.
Lighting - A plan will be prepared for next meeting.
Traffic- Jere questioned the island being 500 feet long?  No, due to the proximity of the intersection and MDOT restrictions make separating the two entrances by 500 feet difficult, but will have separate entrance and exit.  MDOT has reviewed the plan.  Closing off continuous curb cut and a left turn lane.  May have to request a waiver.  David – how will they identify the exit and entrance signs?   Full mounted “do not enter” signs – traffic control signs only as listed on the plan.  Caroline asked about on site circulation for pedestrian (comp Plan) snow removal, safety issues with people coming from the park – for safety purposes having cross walks connecting to a sidewalk.  Until it is in the ordinance requires sidewalks, the Board cannot require it.  This would be for future ordinance discussion.  
Water supply – It will be a public transient water supply – department of health inspection - the applicant will be installing a new well.  Wastewater and grease trap will be in the final plan.  David below ground diesel tank?  The maintenance, condition and monitoring of tanks will be regulated by the state.  Current monitoring system all double walled containment with leak protection tanks will meet state codes and inspected by the Fire Marshall.  Wastewater sizing will be discussed in the final plan.  Mr. Riley will have the total area of the parcel, existing impervious surface and abutting wells on the plan and the location of the White’s, Roy’s and Jordan’s wells to the plan.  Harry asked what kind of training the employees will have if a spill occurs?  The applicant willing to submit information in the event of a spill, what is the plan, have in the public recorded to have available to the public.
Jere asked if the Board feel the applicant has provided sufficient information to set a public hearing?    
  • Motioned by Jim, seconded by Harry to schedule a public hearing for HA Mapes project proposal at Tory Hill for June 9, 2008.   The motion passed with a 5 – 0 vote.
Chairman Ross amended the agenda to review the SAD6 findings of facts.
Other Business:  
Review and sign findings for SAD6, Buxton Elementary School
  • Jim Motioned to approve findings of fact as drafted and amended, seconded by Jere. Discussion: David would encourage the Code Enforcement Office to monitor the conditions closely.  The motion passed with a 5 – 0 vote.
CEO Report:  none

Approval of Minutes:  March 31, 2008  
  • Motioned by Jim, seconded by David to approve workshop minutes from March 31, 2008; the motion passed with a 5 – 0 vote.
Approval of Bills:
  • Deluca-Hoffman Associates, Inc. in the amount of $7,530.74 for peer review services.  (SAD 6 has supplemented the account for this amount to cover the cost.)  Caroline motioned to approve the final payment to Deluca Hoffman, Inc. in the amount of $7,530.74 for peer review service for SAD6 project, seconded by Harry, the motion passed with a 5 - 0 vote.
  • Portland Press Herald in the amount of $38.25 for legal ad for the continued public hearing for Wat Samaki Temple, SAD6 and Backman applications.
  • Portland Press Herald in the amount of $47.60 and  $30.60 for legal ads for the continued hearing for SAD6 and Can- do- driving school.  Jim motioned to approve the payment for three Portland Press Herald bills for past legal notices, seconded by Harry the motion passed with a 5 – 0 vote.
Communications:  
  • SMRPC workshop on site walks
  • SMRPC digital photography – the Board will meet with Selectmen to discuss
  • Sign findings for Can-Do-Driving School
Adjourn:
  • Jim moved, seconded by David to adjourn at 9:39 pm a unanimous vote.
Respectfully submitted,
Krystal L. Dyer                         Approval Date:                          

Chairperson: ________________________________ Signature Date: ____________
                               Harry Kavouksorian