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Town Seal
Planning Board Minutes 10/08/2007
Town of Buxton Planning Board Meeting
Minutes of October 8, 2007

Prepared by:  Hilda Lynch

Members Present:   Harry Kavouksorian, Keith Emery, Jeremiah Ross, III, Jim Logan, and Caroline Segalla

Members absent:  Barbara Elwell and David Anderson
Others Present:  Ruel Sawyer, Lisa Gyurko, Harry Weymouth, and Bob Lowell
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Call to Order
        Chairman Jeremiah Ross, III, called the meeting to order at 7:01 p.m.

Ruel Sawyer is proposing an amendment to Adams Acres.  Located on Erma Lane; Tax Map 10, Lot 141-9 and 142B-1.
        Ruel clipped a map to the bulletin board and stated that he purchased a piece of landlocked land about four years ago – Lot 9-2, but on the Buxton tax map it is Lot 142B-1.  Some clarification of the lot number ensued.  Ruel had part of an old survey map, which some members of the Board looked at to determine the correct lot number. Ruel owns lots 9 and 10, also (Jere clarified that they were 141-9 and 141-10 on the tax maps).  Ruel would like to make a revision of these lots.  He showed the Board that L6 through L10 would be part of the revision.  Jere stated that it is in a residential zone, and Jim stated that these changes were to create frontage for this new lot.  Ruel and Jere talked about a lot requiring 200 ft. of road frontage and three acres of land (120,000 sq. ft.).  Jere would like to see a fuller map with each lot being proposed and what pieces are being taken from other lots.  Ruel stated that it would just be Lot 141.9 and another.   Ruel stated there would be 198,700 sq ft on one lot and 120,000 square feet on the other lot.  Jere asked about the access to 142B-1, where it would come off 141-9; and Ruel showed the Board on the map where the frontage for the new lot would be (L4, 5, 9, 10).  Jere asked about the driveway to the new lot—past the dwelling that’s there now?  Ruel said he’ll probably have this come out of L9 (Lot 9.1, Jere clarified).   Jim expressed some confusion about what Ruel proposes.  Ruel’s trying to move the lot line and create a hammerhead to have frontage for the piece of landlocked land.  Jim asked if 9.2 will have 4.52 acres before the split or is that what is remaining.  Ruel stated that Lot 9.2 would have 4.56 acres and 9.1 will have 3.75.  He’s trying to change the lot lines in order to make a buildable lot.  Caroline asked if he has to keep this for five years.  Jim thinks it is a reconfiguration, and Ruel will end up with new deeds to describe something different.  Jere stated that because it is an original approved subdivision, it would have to come back for subdivision review.  Jim doesn’t think he’s making a brand new lot.  He’s reconfiguring lines and not creating a new lot out of an existing lot of record.  Jere wants to know how he’s going to get access to 142B-1 from Lot 9-1.  Jim clarifies how this would happen.  Keith stated that he wouldn’t leave Lot 9-1 at 120,000 sq. ft. exactly since an incorrect measurement might make the lot too small.  He thought he might want to make it 122,000 to allow for a buffer.  Ruel agrees that it might be a good idea.  
        Jim wondered if Ruel had had any soil work done, and Ruel said that he has.  Jim stated that he would have to demonstrate two test pits on the lot, and Ruel stated that there were two test pits for the leach field.  Jere stated that this was what they’re looking for, and he stated that Ruel would have to meet all of the conditions of a subdivision lot.  Caroline asked about wetland area because there appears to be a stream.  Jim asked if Ruel took note of No. 4 on the survey plan that refers to some wetland area, the exact extent of wetland was not determined.  Jere asked if the Board thought there should be a wetland delineation of the new lot.  Jim doesn’t know if it’s required of the ordinances.  Jim thought he’d like to see it on the plan personally.  Under 13.2C of the subdivision rules, some leeway is left to the Board’s discretion.  Jere and Jim felt that there should be some investigation of this.  Jere said it would help with the 60,000 square ft. of upland contiguous area needed to build.  Jim stated that he could just delineate on the side of the stream where he planned to build what the wetland area is and try to conclude that there’s 60,000 sq ft of buffer area.  Ruel thought that Fred said it was 40,000 sq. ft. in the residential area, and Jim agrees that he thinks that it so in the residential zone.  Keith asked if this were going to be a second house off this road and Ruel stated that it would be a third, since he has a house on Lot 10, also.  There was some discussion about what would have to be paved.  Ruel asked if he would have to pave it all the way to the right of way or to the houses?  Caroline mentioned the “most distant terminus.”  Keith and Jere stated it would be to the far end of the hammerhead.  Jere asked about the need for a maintenance agreement, Keith says he’ll need a maintenance agreement if he sells the lots.  Ruel’s intention is to keep it a private road.  
        Jere asked if Ruel was clear on what he needs.  Caroline asked about trash removal.  Ruel says he thinks he’s supposed to get a wetland survey of the area he plans to build on.  Jere asked for larger scaled copies of Ruel’s map, and he asked for 10 copies.  Jere asked for him to provide forms for the two test pits.  Jere asked about financials on the road work.  There was a discussion of the width of the road.  Jere will contact Krystal to get copies of the original subdivision plan, which would answer some questions.  Caroline asked if he would have to put on the plan info about the right of way, and Jere stated as a condition of approval that Ruel should provide a maintenance agreement if he sells any lots.  Jim reviewed some information about the road, and he and Keith stated that they put on the plan that “this road will remain private.”  Jim likes it spelled out as on p. 10-1, Article 10-1A-S2.   Ruel asked for some clarification.  Jim asked about going through all of the subdivision requirements, and Jere doesn’t think they need to do this.  Jere stated that the basics Ruel would have to do would be to provide a detailed plan by a surveyor, documentation of two test pits, pave the road to the hammerhead (Keith adds – once he builds on the new lot), and subsurface wastewater management map.  Jim asks about when a site walk can be scheduled.  Jere stated that they could schedule it when Ruel has the lot delineated.  Ruel asked how to get this done, and Keith said that his surveyor will know who can do this.  Jere asked about the Board’s consensus on this, and they agree that this is a minor revision.  Jere asked for a copy of HHE, and Ruel asked if it was the leach field design.  Jere asked if he could draw on the plan the proposed driveway to the new lot.  Jere stated that Fred could answer any further questions.  The Wednesday before the next Monday meeting would be when the paperwork should be submitted.  Some discussion was held on when the paperwork would have to be in, and concern was expressed about when the Planning Board members would receive the paperwork, so they’d have enough time to go through it if there was a lot of it.  Ruel asks if he gets this surveyed, could he come before the Board on the 22nd.  Jere said he should try to get the info to the Code Enforcement office by the 17th.   The next meeting would be the 12th of Nov.  Jere explained the site walk and the setting of a public hearing.         

CEO Report
        No report.      

Approval of Minutes:
        September 24, 2007 – Keith moved, Jim seconded, to table the approval of the minutes until the next meeting.  The vote was 4 in favor (Caroline abstained since she wasn’t at the previous meeting).

Approval of Bills:  Mainely Media, LLC in the amount of $30.40 for advertising the time change of the Planning Board meetings.
        Jere stated that 7 p.m is the official time of the Planning Board meetings from this meeting forward on the 2nd and 4th Mondays of the month.  Keith moved, Caroline seconded, to make the above payment.  All voted in favor.
a.      Custom Built Homes of Me. requesting for the Town to assume responsibility of Captain’s Way
A letter from Glen Gervais was received asking for the town to assume responsibility for the road as of October 2, 2007.   Jere sent Glen a letter letting him know that the town must officially approve the road before the town accepts responsibility, so Custom Built Homes of Maine is 100 percent responsible until then of Captain’s Way.  He sent a copy to the Selectmen.  Jere said in the letter that he thinks there may be a special town meeting coming up in October or November, and they will be notified of such.
        A letter from Fred Farnharm was received regarding some radio towers on Waterman Rd.  There are four towers.  The owner of the towers is proposing to relocate, take some down, add some additional height, etc.  Fred states they’ll come before the Board under the wireless communication section of the ordinance, so expects to hear from them fairly soon.
        Jere received a letter from Sustainable Development Digest – Board members are welcome to read.
        Jere received a flyer about the Maine Stream conference – November 27th, 2007, in Augusta - $75 fee.

Other Business:
a.      Sign The Woodlands amended subdivision plans.
The signing will be done after adjournment.  Jere reviewed the Findings of Fact – the elimination of gang mailboxes to individual ones for the Woodlands Subdivision.  Harry moved, Jim seconded, to approve the Findings as written.  All voted in favor.  Harry points out that it says Condition No. 6 allows individual mailboxes, but on the front page, it says No. 5.  Jere thought that this is an addition to the original conclusions so No. 6 would be actual approval.
Review Findings of Facts for the denied Aceto application.
Keith moved, Harry seconded, that these Facts be approved.  The vote was unanimous in favor.

The Board will go into a workshop session to discuss proposals for ordinance changes.

Keith made a motion, Harry seconded, to adjourn to a workshop for ordinance changes at 7:44 p.m.  All voted in favor.

Respectfully submitted,
                                                        Hilda E. Lynch

Approval Date:  __________________

_________________________________                  _______________
    Jeremiah Ross, III, Chairman                       Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
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