DERBY PLANNING COMMISSION ***MINUTES*** July 19, 2010

MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle, Richard Del Favero, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: Bill Simendinger, Lynn Batchelor, Chris Blais, Keith Beadle, Karen Jenne, Diane Beadle, Richard Greaser, Nancy Olney, Don Buschman, Harry Porter, Gary Olney, Melody Ricard, Andre Ricard, Frank Davis, Mitch Wonson, Roland Roy, Dennis Kelley, Laura Carpenter, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Jun 7) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Dave LaBelle made a motion to open the hearing for application 09-145.  Seconded by Cynthia Adams, Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-145 by Main Street Place LLC, PIN #MSTDL011A6L & #MSTDL013A6L, for site plan approval to raze the existing buildings, level the site, and build a mini-mart with motor fuels, canopy, tanks, fuel dispensers and restaurant with sit down.  This property is located at 50 – 58 Main Street, Derby Line and is in the Village Commercial/Derby Line zoning district.  Bill Simendinger was present to explain the request.  Mr. Simendinger - §402.1 of the bylaw does not apply to a mini mart, traffic is improved with the addition of the stacking lane for customs, circulation is adequate on the lot, landscaping was kept low due to customs, the dumpster is screened, it does not change the character of the area, storage tank is 20,000 gallons category 1 tank, maximum of 3-4 fuel deliveries per week, onsite public parking to replace lost parking due to stacking lane, max 3 employees on largest shift, sign internally lit, usually open 6 a.m. to midnight, would like the option to be open 24 hrs, exterior lighting is down lit LED, 1,000 gallon oil separator, stormwater drains to the rear, no figures on stormwater flow, and all construction including contour changes will be on his property only.  Testimony from the public: Mitch Wonson (agent for the Village of Derby Line Trustees) - §402.1 does apply, stacking lane has not been approved by trustees, significant potential for congestion and safety problems, landscaping is minimal, 10 ft green strip not around entire property, character of area will be adversely affected, proposal is too intense for the site, will lose 9 housing unit and 11 existing full time jobs, does not meet the town plan, unknown impacts on Tomifobia River from potential leaks from storage tank, runoff and erosion currently a problem on the site, and stormwater discharge is not adequately addressed.  Keith Beadle – Boundary treaty between U.S.A. and Canada not to pollute the river and stormwater runoff may need state permit.  Buzzy Roy – exterior stairway to his building is attached to Caswell building.  Chris Blais – adverse impact on traffic, adverse impact on character of area, goes against town plan and safety issues for pedestrians and bikes.  Don Bushman/Karen Jenne (agents for cemetery) – concerns with bank erosion, effect on serenity of cemetery, and location of storage tanks in relation to waterlines.  Dennis Kelley – there will be more lights, more noise, will compound traffic problems, and more dangerous for pedestrians.  Frank Davis – more dangerous for pedestrians.  Melody Ricard – does not like change to on street parking.  Dave LaBelle made a motion to table the hearing on application 09-145 by Main Street Place LLC for a site visit at 6:00 p.m. August 2, 2010 and to reconvene the hearing at 7:00 p.m. August 2, 2010 here in the municipal building.  Seconded by Richard Del Favero.  Approved by a unanimous decision. 

8:55 p.m.: Upon a motion by Dave LaBelle and seconded by Cynthia Adams, the meeting was adjourned.

The minutes were taken by Bob Kelley.