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Town Seal
Planning Board Minutes 02/25/2008
February 25, 2008

Recorded by Hilda Lynch

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

Board Members Absent:  Barbara Elwell and David Anderson

Others Present:  James & Andrea Corbett, Roxanne Eflin, Steve Anthony and friend, Fred Farnham  

Chairman Jeremiah Ross, III, called the meeting to order at 7:03 p.m.

Roxanne Eflin to discuss services from Southern Maine Regional Planning Commission
        Roxanne lives at 56 Joy Valley Rd. and is a member of the general assembly from Buxton to Southern Maine Regional Planning (SMRPC) and serves on the Executive Committee.  She’s only been on the Committee for three or four months.  She’s come to say “hello” and see what kind of services that the Board and the town need from SMRPC and what kind of reporting the Board would like back and forth.  SMRPC came into a million dollar grant (revolving fund and a small grants pool) for brown fields.  Be thinking about any projects the Board or community might like to submit a grant for. The announcement will probably be made in the next month or so, and she’ll make sure the Board and the Selectmen get all of the info they’ll need.  When she served on the Planning Board in the past, they engaged the services of SMRPC for comprehensive planning, subdivisions or cell towers.  She wondered if there was anything she could report back to the SMRPC.  
        Jere thinks the number of subdivision applications is down considerably due to the economy.  The Board hasn’t had the need for outside reviews.  The Hannaford supermarket and the new elementary school were/will be done by peer review.  Over the past year, there hasn’t been much need.  Jim asked if they had engineering review, which he thought was the reason the Board hasn’t used them.  Caroline thought that they might need them for being proactive with wind energy or solar power or things like that which are coming up in the future—historic overlay questions and basic ordinance revisions.  Jere mentioned there might be need for help with the zoning map and shore land zoning regulations.  He mentioned there’d been some input from outside sources that the Planning Board should solicit from private sector consultants rather than SMRPC.  Roxanne clarified whether they would be looking for some funds to do that.  Jere thought they might need to write letters for updating of the Buxton zoning map (hasn’t been done in nine years) and shore land zoning for DEP.  He’d like to see them bid for zoning and shoreland zoning updates.  Caroline said that the Board already had some of this info.  Jere thought that David Anderson contacted the SMRPC for a bid on shore land zoning services.   
        Roxanne asked about GIS services.  Jim thought that this might be a good thing for the town to explore – post the zoning ordinance on the internet.  Jere thought it would be an enormous task for all subdivisions to be in GIS format.  The existing tax maps are a mess, and the upfront money to put them on a GIS format would be enormous.  Jere thought this was one of the problems they’ve come across with GIS.  He knows that Sue Shyler did some GIS work with a small revision to the zoning map.  This Board would need to talk with the Board of Selectmen about this.  Jere has heard some stories about maps not being done accurately, but he thought that they might get started on this.  They might start with all new info in GIS format.  Jim would like to investigate it a little bit further.  He works with this mapping pretty regularly.  The geo reference on these maps is on a road intersection or something like that.  He doesn’t know if the accuracy of tax maps will get any better but he doesn’t think getting them from paper to the computer will be difficult.  Having maps on the internet is one thing but having them GIS referenced is more complicated and detailed.  The GIS system is what ties the DEP maps into wetlands of special significance and other natural resources.  Roxanne mentioned historical and archeological resources as well.   He thinks having the tax maps and the zoning ordinance on the computer would be beneficial.  Jere mentioned that the zoning ordinance is on the computer now.  Roxanne says that there are 43 towns under the jurisdiction of SMRPC and will investigate a town of similar size to Buxton to learn from and be able to do this in bits and pieces.  
        Jere asked about the funding for SMRPC that had come to the Board in a letter a short time ago.  Roxanne thought it was a membership letter.  Communities are being asked to contribute a very small amount.  Jere thought it was $500.  He asked about the assessment increasing to $2,095 if the York County funding goes away.  Roxanne wasn’t familiar with it.  Jere asked her to investigate where we are in relation to the York County budget and SMRPC and the effect on dues, referring to the December 27th letter.  Roxanne will get back to the Board in an e-mail.  There have been a lot of small and large applications, and SMRPC has been used for more mid-sized applications.  Roxanne wanted to know how she could be a good ambassador to the Executive Committee for Buxton.  

Discussion of site walk for Andrea & James Corbett of 46 Quail Trail who are requesting a conditional use permit to operate an in-home daycare/daycare facility; Tax Map 3, Lot 45-14.
        The Board conducted a site walk on Feb. 3rd.  Jere, Barbara, Harry, Caroline and David were present.  Harry thought that the only question was the parking and turnaround for when they have a plan to expand, and Caroline concurred.  The Corbetts are requesting an in-home daycare for 12 children now, and the daycare facility request is being made for 24 children.  The Board thought there was parking for six vehicles but not for 12, and he thought they’d need to show a plan showing 12 parking spaces when they expand.  Jere thought that they’d try and approve them as a daycare facility so they wouldn’t have to come back before the Board.  Andrea stated that the expansion won’t be for several years so she thought they could run a home daycare until such time as they expand.  The Board discussed whether they should add a condition regarding the additional six spots prior to expansion, and they would have to come back at that time.  Andrea agreed that it would be okay.  The Board agrees that there is adequate parking for six vehicles.  Keith knows the area and believes there is plenty of parking.  Jere asked if the Board was okay with the evidence provided for 8.2.B.  Is there any additional info the Board would like to see?  Caroline asked about the license from the State being required and having it on file.  Jere stated that a condition of approval would be their having a license from the State.  Keith asked if Fred requested a copy of the license for the conditional use, and Fred thought a copy would be fine.  
        Jim says there is a copy of the septic system design available but doesn’t see how the additional use wouldn’t impact the current waste flow of a 3-bedroom residential dwelling.  Andrea clarified that it was only a before and after-school daycare.  Jim asked Fred about the Maine Plumbing Code because he thought there would be a minimum plan provided that would accommodate an additional six children using the system of a single-family dwelling.  He thought there would be something needed to verify the amount of use of the septic system due to the increased use filed with the Town and possibly with the Registry.  He asked if it was a fair assumption that there would be additional flushing and hand washing.  He notes their statement that they have an adequate system and that they would pump it regularly.  Andrea said they have five additional children over playing every day, so wondered what the difference would be.  Jim thought that had to do with choice rather than a business requiring a DHHS license.  She asked about another daycare up the road which closed within a couple of weeks of opening.  She wanted to know what was necessary for them.  Jim said they would move on if this has been handled differently.  
        Fred spoke about the change.  He said we always want to be sure there is a sufficient system to handle the wastewater.  He spoke about having a design which could be implemented if needed; another way would be to put a water meter on to see what the actual use is.  If the actual use is 120 gal. per day and they’ve got 150 gal. to play with, he thinks the system would be sufficient.  Jim thinks that this is a reasonable approach.  He thinks there may be enough capacity because of the number of people living there.  Jim felt that if Fred was comfortable with it, he didn’t want to belabor the issue.  Caroline agreed with Jim’s assessment to have this in the record.  Caroline wanted to know if the pool in the back would be locked.  Andrea stated that they have insurance covering it and that DHHS has approved this.  Jere asked about the Fire Marshall, and Andrea said that the State Fire Marshall has been out and will be out again.  She wouldn’t be able to get the license without this inspection.  Jere wanted to know if the Board needed any additional info. Keith referred to additional info as the parking sheet turned in this evening.  Jere asked if they wanted a parking space drawn, and Caroline said she thought they’d like that—have the parking spaces indicated and the traffic flow—which would help them in the future.  Andrea said they have a sketch to show 12 parking spots and people wouldn’t be in all of these at the same time.  The nature of the parking is that people would only be using the spots for a very short time.  Caroline asked about the turnaround, and Andrea clarified.   Keith mentioned a daycare that was approved by the Planning Board about a year ago and the parking plan.  Andrea mentioned another daycare for children birth through age 5 in their neighborhood.   Jere commended the Corbett’s for coming before the Board for approval because he stated that some in Town were grandfathered and some just haven’t come before the Board.  Keith talked about another daycare that he thought was approved in their area that was dropped because of association by-laws.  Jere asked if the Board had enough info to send this to a public hearing.  All were in agreement.
·       Keith motioned, seconded by Harry, for a public hearing for the daycare on March 10th  --a conditional use permit to operate an in-home daycare/daycare facility; Tax Map 3, Lot 45-14  
Andrea mentioned that she had three families signed up to start on Monday and wondered if okay.  Jere said that technically it was an issue.  She would be in compliance with State law for two children, so two children could start but the third family would have to wait a week.  All voted in favor.  Jere thought they might appear before another applicant so they wouldn’t have to wait too long.  

CEO Report- None this evening.

Approval of Minutes:
        January 21, 2008 –
·       Keith motioned, Harry seconded, to accept the minutes as revised.  All voted in favor.
        January 28, 2008 –
·       Keith motioned, Jim seconded, to accept the minutes as revised.  All voted in favor.
        February 11, 2008 –
·       Caroline motioned, Harry seconded, to accept the minutes as corrected.  4 in favor and Keith abstained.

Approval of Bills:
        Portland Press Herald for Cox and Pompeo legal ad for $31.45 (total due).  
·       Harry motioned, Jim seconded, to approve payment of the bill for the Cox and Pompeo legal ad for public hearings.  All voted in favor.

1.      State of Maine sediment control workshop announcement for March 25th.  It is a day long course to be held in Cape Elizabeth.  If anyone is interested, please contact Jere.
2.      Flyer on the Trust for Public Land in charge of raising funds to help purchase the 70 acres across from Pleasant Point Park in Saco.  They have to raise a considerable amount of money.  Contact the Trust for public land--address will be available here at the Code Enforcement office or can probably find this on the web.  This is important because it is directly across the river from Pleasant Point Park and was planned to be a subdivision by a developer.  The Trust has purchased the land, and 18 acres have been donated by an abutter to this land.  If there are further questions, people could contact the Town of Hollis.
3.      Letter dated 2/15 from Maine DOT talking about a traffic permit for the Gorham elementary school.  Jim thought it was included for the Board because of the Town being an abutter. The meeting will be Wed., Feb 27, at 1 p.m. at the Regional Office 1 off Pleasant Hill Rd. in Scarborough.
4.      The Board approved an in-home daycare for Mary Barday on Dunnell Rd.  Mrs. Barday is not buying the property but her daughter who lives there would like to know if she could operate a daycare there.  Her question was whether the conditional use went with the property.  Fred thought that the permit went with the property as long as it didn’t lapse for more than one calendar year or changes.  Caroline asked if the Board could have a copy of her license in the records.  Jere asked Fred to write a letter requesting that their license be provided with the daughter listed as the operator of the daycare.   The Board thought that as long as they didn’t deviate a great deal from the conditional use approved that other businesses would be all right.  Caroline thinks that the Board should always think about looking at each one if several years have passed to determine whether there have been significant changes.
5.      Newest Maine Townsman
6.      Letter from Saco River Corridor Commission – notice of intention to file an application, Raymond H Blackburn of 133 Warren Rd, Buxton, who has filed an application to construct a wood building measuring 14 x 30 for a horse stall, tack room and hay/grain storage room.  The application was filed on the 12th of Feb.  Jere believes they’ll receive a notice of the public hearing for this.  Fred thought this might be seen somewhere down the road.
7.      Jere contacted Bill Plouffe regarding the Temple Tuesday after the last meeting.  Bill’s preparing a letter of concerns which should be before the Board and Fred soon.  He’s answering Jere’s questions in detail.  The applicant will also receive a copy.  
8.      Keith asked about the Budget Committee tomorrow evening.  Keith thought Dave had shown this date to him on his calendar.  Jere stated they haven’t met with the Selectmen yet as they were waiting for Roxanne’s input.   

Other Business:
Review and approve findings for:
Allen & Lisa Cox of 7 Warren Rd.; Tax Map 1, Lot 197-2.
·       Keith motioned, Harry seconded, to approve the findings of facts.  All voted in favor.
Pompeo Sand & Gravel Tax Map 7, Lot 23.  
·       Motioned by Keith, seconded by Jere, to accept and approve the findings.  
Caroline wanted to know if they’d receive a copy of the amendment to the site location permit.   Jim stated that by virtue of it being a Permit by Rule, it is a streamlined process which is inspected on a yearly basis.  He might eventually get an official license from the DEP.  The Permit by Rule allows them to go ahead and do the activity if they don’t get a notice to a different effect within 14 days.  Jim thought they could request he forward them a copy (to Fred) when he obtains it.  All voted in favor.
1.      Budget – Jere said he would speak with David about this since David isn’t here.  Jere was waiting for some clarification on SMRPC dues.  Jere doesn’t think there have been any changes since the last meeting on the budget.  He thought they’d talk about the zoning map as an article on the town warrant and the shoreland zoning map update.  Jim asked if the article was for the money to get these maps done, and Jere said it was.  Jere thought that the monies would come out of the Town’s budget - $3,000 for the zoning map and roughly $6000-$7000 for the shoreland zoning maps.  The Board will seek proposals like they’ve done with peer review from outside sources would be sought.  Jere would draw up some parameters of what would be needed including some workshop time.  He’ll present it to the Board before sending it out.  Jere asked if one letter asking for both would be sufficient, or does the Board want to request these separately.  Caroline thought that both should be requested in one letter as one would make the other relatively easy.  Some discussion about it being done on a PDF file or disc occurred.  Harry stated that if it were in electronic format, the map would be in layers so one layer could be addressed if there is a need to fix it rather than going through each.  They’d want to make sure that the file stays without the layers being flattened so it would be easier for them to do what is needed.  Jere will draft one letter and see if the Board has any additions or changes prior to sending it out.  Caroline asked if the Town were considering purchasing a GIS program and downloading it.  Jere would like David to be here as he thinks this is his area of expertise.  
Fred wanted to throw in something about the zoning maps.  There are some zones that really don’t have a boundary defined.  The zone is defined by a road or river or physical feature; those are fine.  Some go across the road – one at the Bar Mills area (pink triangle on the map) where Snell’s farm is—an overlap that goes over and he hasn’t seen what that distance is from the road or how far it’s supposed to go.  There are zones that aren’t defined by a feature.  We need to find an article that was in the warrant that defines it or this would be an appropriate time to find those and assign a number to them.  This is very important because when you come down to the tax maps, one needs to know where that line is defined.  Unless it is defined, one doesn’t know.  Fred will have Krystal go back and look through.  Fred says that since he’s been here they have written the descriptions on the warrant.  Keith thought they might have to go back to ’76 when the zoning began.  Fred believes they need to have the numbers.  Jere stated that since he’s been on the Board, any zone changes have been done by footage from property lines or roads.  Keith says that any of those zone changes—a certain footage—should have been carried the whole length.  Jim thinks the Comprehensive Plan Committee was thinking about a definitive idea that was specific so that you could drop a scale down and see where you were.  Keith thought a memo should be sent to the Selectmen to see where they are on a new committee for this.  Keith heard that there were three of them who had put in a request to be put on the committee.  The Selectmen were going to wait for some more people.  

2.      A letter from DeLuca-Hoffman was received regarding the peer review process for the Buxton elementary school.  Jere wondered if the Board wanted to schedule a workshop between the peer reviewer and the applicant.  The Board settled on March 17th – please remind Krystal to tentatively see if a workshop can be set up – please contact Harriman Assoc., School Board, and DeLuca-Hoffman to see if they would be available at 7 p.m. in the large conference room.  If this date is not agreeable, would they suggest another one—any night except for Wed.  Does this give them enough time to respond to DeLuca-Hoffman’s peer review questions?  Please remind Board members by e-mail.
        Caroline’s e-mail – can it be done during a workshop?  
·       Adjournment – Motioned by Harry, seconded by Keith, to talk about specific changes in the ordinance – at least three and perhaps others.  All voted in favor.  The meeting adjourned at approximately 8:20 p.m.

Approval Date:  __________________

_________________________________                  _______________
    Jeremiah Ross, III, Chairman                       Signature Date

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