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Planning Board Minutes 05/29/2012
Town of Buxton Planning Board
Minutes
May 29, 2012


Recorded by Hilda Lynch

Board Members Present:  John Vedral, David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; and Lawrence Curtis  

Others Present:  Fred Farnham, Heather Rumery, Henry Huntley, Cliff Thomas, Gail Landry, Tim Francis, Scott Lyons, Keith Emery, William Fitgerald, Donald Snow, E. Jean Snow, and Dennis J. Veno, Scott Dugas.  

Chairman Harry Kavouksorian opened the Buxton Planning Board meeting of May 29, 2012, at 7 p.m.

Pledge of Allegiance

Discussion of site walk regarding Gail Landry’s request for a Conditional Use Permit allowing an Inn/Events Facility at 668 Narragansett Trail.  The property is located in the Business Commercial District on Tax Map 6, Lot 36.

        Harry stated that the Board made a site walk.  They need an engineering drawing to show wetlands in one corner of the site.  Jere referred to a Section of the ordinance that requires this.  Gail thought that if it was less than half an acre and the parking area would not be paved, this would not be a requirement.  Jere stated that 8.2.B.7 and 8.2.B.6 require this.  
        Jere asked if the Board wanted to see a wetland delineation before the plan is done.  Jere polled Board members to see if they’d like to see a site plan.  The Board agreed that they would.  Jere says they’re concerned about where the runoff will go.  Harry asked Board members if they wanted to see the designated right of way to Rt. 202 on there as well.  Jere thought a site plan would include that.  
        Gail asked for the reference in the ordinance so she doesn’t have any misinterpretations.   John felt they could use their judgment about a wetland delineation.  He’s concerned about adding additional expenses for the applicant.  Jere read her reply to these items in her application.  Harry stated that she could look through Article 8 to make sure she includes everything.  
        John said that he would be willing to listen to Scott Dugas, but Scott declined to speak since the Board is requesting a site plan.  John thought there was one other issue.  Harry said the septic was a question for him.  They’re counting four bedrooms.  Harry asked if the current system is rated for this.  Fred said there was no existing plan, but Harry referred to an area marked off for a septic system on the site.  Harry said that the residence will be closed off to guests during an event and portable toilets will be brought in.  Jere asked Fred if a test could be done to test the existing system.  Fred says that once the facilities are in place, they could run through the daily capacity to see if the system could handle it.  Harry asked if they were to have up to 24 people in the dining room, would they be bringing in portable toilets for that?  Gail said they would.  
        John asked if they planned to be open in the winter.  Gail says she’s not sure.  They weren’t able to insulate the barn on the exterior.  They have heating and air conditioning, but she’s not sure there will be many events during the winter.  He doesn’t think her portable toilets would work for that time of year.  Harry says that he understands they will have a property manager on site during events.  Harry stated that they would like to have the drawings before they can schedule a public hearing, but they’ll turn it around as quickly as they can after that.   

Peter D. Pinkham, Inc., is applying for a Conditional Use Permit to allow Wood Waste Processing at the Stevens Pit located on Church Hill Road.  The property is a grandfathered gravel extraction site in the Residential District on Tax Map 7, Lot 18.

        Fred stated that he’d asked Peter to hold off on this application because he didn’t have a full understanding of what he was asking for.  Peter has had a gravel pit up on Church Hill Rd. for some time.  
        Harry asked where waste wood processing fits into the Land Use table, what kind of machinery would he be using, etc.  Fred wanted to get clear on what Peter is coming before the Board for regarding the above.  In 1986, the Planning Board was to take the existing gravel pits and bring them up to acceptance.  They had a 5-year period to come up to conformance with the ordinance.  In 1991, Peter’s pit qualified; it met the criteria at that time for a grandfathered pit to be accepted.   As far as what Peter’s asking for, he basically wants to take stumps and grind them up.  That’s an extension of what he’s already doing.  DEP is requiring that gravel pits get that permit by rule now.  Is it a conditional use; or based on what he’s already been doing, would he get a permit from DEP or something from the Planning Board.  He would need something to say that he’s a legitimate grandfathered pit.  These are only his stumps.  It makes sense to bring them to a gravel pit because that’s where the material gets mixed to make the sediment control material.  Harry says that he’s not going to be doing anything different or processing any additional material.  Jere mentioned Pompeo’s gravel pit where a similar thing was asked.  Jere asked if Peter needs the Board’s approval to get the DEP permit.  Fred says he doesn’t think he does.  Jere says he’s only concerned about making sure he is grinding his own stumps.  Harry says that literally there is no change.  
        Tim Francis lives across from the pit and is also representing Howard Libby, a neighbor.  Basically, they are most concerned about wood waste processing.  The neighbors want to be sure that Peter Pinkham gets the permit for only taking care of “his” wood waste.  When Tim moved in 13 years ago, there was very little use of the pit.  He’s concerned about water problems if Peter is processing wood from someone’s deck which could contaminate his water.  John says he could be doing that now as they don’t examine the wood he brings in.  Mr. Francis says he thinks it would be DEP’s concern.  If they see trucks going in without Mr. Pinkham’s lettering, then they could call the CEO to have Fred take a look at it.  Jere says they’re talking about stumps, branches, or any organic material, which is all that would be processed there.   Jere says that Tim and his neighbors could keep an eye on the property better than they could.  If anything is questionable, they could call the CEO.  This is something that’s been going on for a long time, so the Board can’t question that.  Jere says Tim could write a letter to DEP regarding this application.  Jere says the requirements are much stricter for construction debris.  David asked if Peter planned on coming to the Board.  Fred said that he did, but Fred dissuaded him from coming until he had some answers.  Harry says that he doesn’t see that Peter has to come to the Board.

CEO Report

        None this evening.

Approval of Minutes:
        April 23, 2012 - amendments corrected - no quorum to approve
·       Motioned by Harry, seconded by David S, to approve the minutes of the above as amended.  Four in favor; John abstained.
        May 14, 2012 -
·       Motioned by Jere, seconded by Larry, to approve the above minutes as amended.  Four voted in favor; Larry abstained.

Approval of Bills:  Pay Portland Press Herald $48.60 to cover legal ads for ordinance amendment public hearing and $25.20 for Patterson Companies, LLC, a combined total of $73.80.  Larry has an expense of $12.59 for colored paper for the cover of the ordinance booklets for a total of $86.39

·       Motioned by Jere, seconded by Harry, to pay the above bills.  Five voted in favor.

Communications:
        Mr. James Logan has tendered his resignation from the Planning Board.  Harry expresses thanks to Jim for his expertise and years on the Planning Board.  Harry mentions there will be some unfilled seats, so people could talk with the Town Clerk to be a write-in candidate or could be appointed by the Selectmen.
        Harry says they have some info from the 2010 census.
        “Maine Townsman”

Other Business:
        Review and sign Findings of Facts and Plan for the Patterson Companies, LLC

·       Motioned by Jere, seconded by Larry, to approve the Findings of Facts for the Patterson Companies, Tax Map 8, Lot 41-1, as amended.  Five voted in favor.

        Larry did not take attendance at the site walk on April 12.  He has himself, Harry, Jim, and John.  David and Jere went later.  At the last site walk, everyone was there except Jim.

·       Motioned by David, seconded by Larry, to adjourn to sign the Plan for the Patterson Companies, at 7:45 p.m.


Approval Date:          6/11/12                 

_________________________________           _______________
               Harry Kavouksorian, Chairman                    Signature Date