TOWN OF BUXTON PLANNING BOARD MEETING
March 24, 2008
Recorded by Hilda Lynch
Board Members Present: Harry Kavouksorian, Keith Emery, Jeremiah Ross, III, James Logan, Caroline Segalla, and David Anderson
Board Members Absent: Barbara Elwell
Others Present: Fred Farnham, Bobbi and Dan Aceto, Raymond H. Backman, and John Segalla
Chairman Jeremiah Ross, III, called the meeting to order at 7:00 p.m.
Roberta & Daniel Aceto have submitted a sketch plan for an outside storage facility located at the intersection of Narragansett Trail and Atkinson Rd.; Map 8,
Jere asked Caroline if she wanted to talk about a potential conflict of interest. Caroline wasn’t sure if she should recuse herself. She is Lot 20-A-30 and, her husband parks his vehicle over at what is now Dearborn Construction, the current owner of this parcel. She feels she can make a well-informed decision but thinks it’s up to the Board whether she should participate. Harry and Keith stated that he didn’t see that she would have a personal gain, and the other Board members agreed that they didn’t see any problems. Jere asked if the Board wanted to vote on it, but they didn’t feel it was necessary as it had been disclosed.
Mr. Aceto wishes to build a shop and store his equipment for his paving business—like Mr. Dearborn’s but on a much smaller scale. Once in awhile, they do a little work on week-ends and would need to store about 150 yards of gravel and a couple hundred yards of loom, but no big piles. Harry asked if they still planned to do vehicle maintenance, and Mr. Aceto said he did. They plan to have a 40 x 60 building if he can—metal building. He’ll provide better plans once he has tentative approval. It cost him $4,000 the last time he applied for a permit, and he didn’t get anything. He’d have a small shop with a small office in front. Mr. Aceto said he would probably store less than 1,000 gals. of fuel. They’d need that to fill up in
the morning to bring a tank to their excavator. It’s difficult to get companies to travel any distance to provide fuel. Jere referred to the Land Use Table and stated this was a permitted use in the Business/ Commercial Zone with conditional approval from the Planning Board. As long as he meets the conditions that the Board sets forth in the ordinance, he doesn’t see any problems. Dan’s looking at a different zone now, which permits the use. He is responsible for 8.2.B and Article 10. Dan would need to look at the provisions of these sections, and show how they plan to meet the standards in the ordinance. Dan would need to calculate a 25-year storm event so that it can be contained on the lot, stated Jim. A spot in the Dearborn property—50 ft. wide x 230 ft.—has already had some work done per Town code in which Dan believes has to do with runoff and things like that. Jim stated that Dan would have to accommodate what his new
proposal would do in terms of storm water. Jere asked if he’s purchasing the lot, and he asked about a purchase-sale agreement. Dan plans to purchase the land but doesn’t have an agreement yet except for one with contingencies of Planning Board approval. Jere asked for a copy of it so the Board would know he has an interest in the property. Technically, he couldn’t discuss what he wants to do until he owns the property. Keith mentioned that a permit would be needed from DOT once he has his driveway permit. Dan said he was told that if he had 200 ft. visibility in either direction that it would probably pass all right. Jim mentioned that whoever does the plan for him would include the building setbacks, where the building would be located including septic, the grading area for parking, etc. Harry asked if it was his intention to access the lot from Rt. 202, and Dan said it is. Jim asked about some grading that Mr. Dearborn had
done on the corner of the lot, and Jim wondered what was going on in the corner there. Dan thought he’d just taken the stumps out and was grading it off. Dan hopes to take three or four ft. off the knoll on the property he plans to buy to make it more level. Jim would like to see on a plan what he’s planning to do and what he plans to do with the storage of the dirt. Mr. Aceto doesn’t have a place to store it now but has jobs where he could use it. Jim asked Fred if it’s classified as outdoor storage and if he should be able to stockpile material. As an aside, Jim said he wouldn’t have to come before the Board at all if it were an auto repair shop. Dan mentioned that Chuck Carmen does all of his vehicle repair, and he’s already asked to rent one of Mr. Aceto’s stalls to do some of his work.
Caroline recommended that Fred give Mr. Aceto the checklist (if Fred is okay with it) so he would make sure that all items are addressed through the checklist items. She asked Fred if this particular parcel was part of an original subdivision (A.C. Berry). Fred said that several plans were submitted for Berry, but the one approved doesn’t include the part along Rt. 202; it wasn’t part of that. She wondered if there were any wetlands delineated. Fred said that DEP came out, and there are some cattails near the back corner of this lot. Fred thought that the big knoll would make it far enough away from any wetlands. She asked what the Aceto’s hours of operation are. Dan stated that they’re usually there about 6:30 a.m. and start the
trucks around 6:45 a.m. He says it is a State law that they can’t start until 7 a.m. They’re back around 3:30 to 4:30 p.m. They, as a rule, don’t work on Saturdays and Sundays. They do snow removal only in the winter, so their hours vary more. They plow with pickups and vehicles that don’t make any more noise than a car. Caroline asked about the number of employees: Dan stated that in the winter, 3 or 4; and in summer, up to 10 (usually 7 or 8). Keith mentioned that Gorham Sand was asked to be as quiet as possible when going out at night. Dan stated that 99 percent of the time, the drivers take the vehicles home so they don’t go out from the site. The only reason they’d be there is if there is a breakdown. Harry asked if they might be dumping some snow on his property, and he said he wouldn’t. Keith stated there are State regulations about that.
Jere asked the Board if they’d wait and do a site walk once they have the plans to look at. Dan said he’d have the engineers on it as soon as possible. The info needs to be into the Code Enforcement Office a week before a meeting, Jere told Dan.
Raymond Backman of 133 Warren Road has submitted an application for a conditional use permit for accessory building in the shoreland zone and animal husbandry; Tax Map 1, Lot 194-2-1.
Mr. Backman plans to build a two-stall 14.5’ ft high x 42 ft. long x 20 ft. wide building. It will have a grain and hay storage section, a tack room and two stalls. He has received approval from the Saco River Corridor Commission. He wrote a letter to the Maine Historic Preservation, and he called today and found out that there were no historic or archeological infringements. Due to the setbacks from the shoreland zone, it needs to be reviewed by the Board, Jere clarified with Fred. Jere mentioned that the concern from the Commission was to have the building 250 ft. away from the river. Raymond stated that this was a typo – the 250’ is from the brook to the building. He’s showing 232’ and the first time around it was 250’ but he
changed it because the building got larger which accounts for the change. The building is really 337’ from the river. Fred stated that he’s okay with the calculations when Jere asked. Keith asked how far down the Warren Rd. he was. Raymond said he was about half way across the Warren Rd. Keith asked if he’d just cleared a bunch of trees, and Raymond said that he did. Jim asked about the reason for this being in the Town’s ordinance, and Fred said it was because of the outlet of Bonny Eagle Pond. Jim asked if Fred were okay with the fact that he initially proposed a 736 sq. ft. bldg and now he’s proposing an 840 sq. ft. building. Raymond stated that they figure total land coverage, which is 23’ x 44’—20’ x 42’ is the building size. The letter from Saco River Corridor (SRCC) refers to something different. Raymond spoke with Dennis when he was at his house to look over the site. He said he would provide Dennis with a
complete new drawing, and Jim wondered if there would be a new letter from them. Raymond thought that the letter wouldn’t change – but that he just had to give them the new dimensions and the SRCC would be okay with it. Jim thought it was just barely in the shoreland zone. Raymond stated that there was a lot of wooded area in between. Caroline would like to have an updated letter which states the correct dimensions, and Raymond said he would ask them for this. She wonders if everyone on the Board is comfortable with the clay/sand situation as far as runoff or do they need something from a professional. Caroline refers to 8.2.B.5 through 8.2.B.7. She’d see when they did a site walk if she thought anything more would be needed. The only issue David has is that the maximum number of horses is stated as 2-3, and he would suggest to just make it 3 so he wouldn’t have to come back for approval for another. Raymond thought there might
be a third horse in the paddock or some temporary situation. David suggests that he goes with 3 horses. David said that they’ve made that assumption now, and Jere stated that the maximum would be 3. Jere asks if the Board feel there’s sufficient information to set a site walk, and the Board felt there was...
· Motioned by David, seconded by Harry, to hold a site walk on April 1st at 6 p.m. at Mr. Backman’s house.
Keith asked to have four grade stakes where the building would sit. Raymond has the stakes in the wrong place now, but he will try to get them in the right spot. If it is pouring rain or snowing hard, the site walk will be held on April 3rd at 6 p.m. as the alternate date.
· All voted in favor. A little discussion was held on directions to Mr. Backman’s place.
CEO Report – None
Caroline asked Fred if he has any comments on the checklist; she forgot to put in items for Article 10. Fred thought it was a good start. Jere thought it was a work in progress. Jim wanted to be on the record to commend Caroline for the great job she’s done in preparing this work “in her spare time” for people to be able to get things done for applications.
Jere thought that he wanted to make sure that things are done to the Board’s satisfaction even though Krystal has put in dates for the materials’ receipt on the checklist. He wants to make sure it’s not just checked off by someone as submitted. It doesn’t necessarily mean that it would meet each Board member’s approval.
Approval of Minutes:
March 10, 2008 –
· Motioned by Caroline, seconded by David, to accept the minutes as written. All voted in favor.
Approval of Bills:
A bill for $30.60 for the Corbett Daycare Center advertisement in the Portland Press Herald has been received.
· Motioned by David, seconded by Keith, to pay this bill. All voted in favor.
A bill for $1650 from Deluca-Hoffman Assoc. for the peer review process of the SAD 6 project. David needs to find out whether the monies have been deposited with the Town Treasurer in order for them to pay that amount. Harry asked if this bill was a deposit, and David said he believed the entire bill would be $4,000 so he thought this was just for the initial workup. Deluca-Hoffman will be back next week for the reply from Harriman regarding the suggestions made.
· Motioned by Jere, seconded by Keith, that once the monies are deposited in the correct account with the Town Treasurer that the $1650 bill for peer review services of the SAD 6 project be paid. All voted in favor.
Keith mentioned that he thought that once a peer reviewer was chosen the check could be immediately placed in the treasurer’s hands. David and Jere agreed that this was a good idea; and in the future, they’ll ask that this be done—based on the estimate provided.
*Workshop tomorrow – all have a flyer
*Flyer from Land Use Law—if anyone is interested, it is May 21 in Portland – see Jere
*Letter from Maine Historical Society – basically a grant that has a deadline of May 9th –
contact Jere for a copy of the flyer
*Flyer for storm water management – May 1st in Hallowell, Maine – contact Jere if
interested in going.
Findings of Fact and sign the plan for Ruel Sawyer’s amendment to Adams Acres Subdivision.
Jere looked at the Mylar’s. Ruel has added a note saying there will be no approval for the third dwelling until the road has been test bored, paved and approved by the Road Commissioner. Ruel has a copy of a bond for a road, which the Board has received. Jere stated that each Board member could inspect the Mylars to make sure that they’re up to approval standards and sign them. Jere didn’t see it on the Findings of Fact, but Page 4, No. 4, Caroline mentioned, related to this.
Jere asked if the Board was ready to send the zoning map to SMRPC. Caroline and David discussed a contact person, Jamie. David thinks we’re all set to send that out. Jere wondered if the Board was ready to vote to do that. He thought it was agreed that the zoning map would be sent to SMRPC.
· Harry moved, seconded by Caroline, to send the zoning map to SMRPC for updating. All voted in favor.
David has not yet reviewed the stack of materials that Krystal has put together, and he’d want to do that with possibly Fred’s help. Jere thought that SMRPC might want to come here. Jere asked David to call J.T. Lockman to let them know that we’re ready to do this, and what would the process be. Jere thought that whatever the Town staff could gather would save SMRPC hours. Would the revisions before it goes to Town Meeting be included in the overall price? Jere stated that any changes have already been approved at the town meeting; he thought it would just be the official record of the Town of Buxton Zoning Map. Keith thought that once the map comes back, it would need to be accepted by the Town. Harry clarified that the Town would have to agree that the changes have been depicted
accurately. Jere asked David to check with John Myers or Bill Plouffe to see what would need to happen afterwards. Keith thought that one in the vault was stamped by John after it was accepted. Caroline and Jim refer to Section 3.2.B.—this pretty clearly corroborates what Keith was stating. Fred stated that if anyone modifies the map, someone has to be able to see that the changes are correct. Fred says that one thing that really bothers him is that these drawn districts are just a line but we don’t know how far it goes back from a road. That’s why it so important to go back and approve the maps, Fred stated. Jere asked David to ask John Myers; and if there are further questions, Fred could contact Town Counsel for an opinion. It would not be ready for the Town Meeting in June. Jim doesn’t believe you would have to vote on the map afterwards. Jere stated that before the map is approved and the bill is paid to SMRPC
that Fred, the Planning Board, and whoever else needs to go over the map carefully and have any changes sent back that might need to be done. Caroline asked if Jamie could be consulted on how changes can be fixed. Lines were just drawn but no dimensions were put on the map. This has caused a lot of problems for Fred when he has to determine shoreland zoning, setbacks, etc. Jere said that as long as he’s been on the Board they’ve added footages, and he gave an example.
Jere worked on the rough draft for a letter regarding the shoreland zoning work. He’d like to finalize that and send it out soon. Perhaps, he’ll have it ready for the next meeting so that they might do that.
Jere gave a reminder of the workshop on March 31, 2008, at 7 p.m., with SAD 6 and Deluca-Hoffman to go over any issues. David said there is a conflict with the use of the room in this building. Jere wondered if they could squeeze into the small conference room. There would be stations set up in here for kindergarten registration. David will confirm the location on Monday afternoon with Board members.
Ordinance changes—the hammerhead typo – the road acceptance problem – the definition of a church. They’re supposed to be in by the 9th and they have to be typed and ready to go on the 14th (sent to Town Counsel). Caroline will be working on the definition of a church.
If the Board really wants roads to sit for a while before accepting them, the Board could state that the road would need to sit for a year before voting to accept it. Keith gave an example of a road being completed in October 2008, and then it couldn’t be accepted until 2009 unless accepted at special town meetings. Keith doesn’t think they want to deal with road acceptances in special town meetings. Keith and Jim stated that a road would have to wait through at least one winter before coming before the town meeting. They need to work on this now since it needs to be done soon. In 12-1 Roads, Jere asked how it could be written that it had to go through a winter. Several ideas were discussed. David said you could say “the next
following annual town meeting after one year from date of completion.” The annual town meeting is defined as occurring the 2ND Tuesday of June. Jere asked where it would be put in the ordinance. Jere clarified, “No road shall be accepted until the next following annual town meeting after one full year of completion and after the approval of the Public Works Director.” It was decided that it should be the last thing they read in bold print becoming part of 12.13 as it is the final thing stated in the ordinance. Harry wondered if it were important to put in a reason for the waiting period. Jere will work on this and have it ready next week. Caroline thought she had something, and Jere stated that she could e-mail it to Krystal who would get it around to everyone. Jere stated, “Any road proposed for acceptance by the Town of Buxton shall be completed and inspected after waiting one year…” Jim stated, “No road shall
be accepted until the next annual town meeting after one full year of completion, and approved by the Director of Public Works.” Jere doesn’t have a problem with the Board members e-mailing back and forth regarding ordinance changes. Send changes to Krystal who can send them to other Board members, and no decisions will be made until a Board meeting. Caroline got one from Scarborough and Old Orchard Beach; she could lay out three that are fairly general, and she could send them around by e-mail.
Regarding the “church” ordinance, Jim wanted to keep the word “church” in this ordinance because the ordinance is written around that term. Jere asked about “house of worship” because this would require changing the Land Use Table. Is the Board interested in a mass gathering permit Caroline asked? Jere thought that it might be the purview of the Selectmen or the Police Chief. The Police Chief would be in the position of enforcement.
Jere asked Fred if he had any changes he’d like to see, and Fred says not at this time. He believes that changes will need to be sent to Bill Plouffe. Caroline asked about the May 12th date. May 26th would be to hold the public hearing prior to town meeting.
Which hammerhead item should she remove Caroline asked? Jere thought he would do the earlier one. Jere thought this was a typo. Keith says you could write it up as an article with deletions. Additions have to be underlined and any deletions have to be struck out. Jim wondered if in light of past reviews, does the Board want to determine the location of parking. He mentioned the tree size being different from the size commonly used by landscapers. It is the price bracket and availability of concern. Keith asked how they were measuring the diameter. Jim said that diameter at breast height is standard. Jim thought the numbers required might be adjusted as well as adjusting the tree size down. Could an
average be considered, David asked. The numbers required might need to be changed as well. Jim has no problem with a range. In 10.10, this is the standard that Caroline has seen in most ordinances—2” to 2.5” in diameter. Jere will stop by and hash out a list with Krystal of additions and deletions. He’ll stop by Wed. night at 6 p.m. and come up with a list for the packets for the next meeting.
Harry mentioned bulk fuel storage – an auto service station is permitted in the village zone, but bulk fuel storage is not permitted—a conflict he sees. It’s the case in village and rural, so what about business and commercial? Jim asks if he intends to allow massive storage tanks. Harry says that the definition of bulk fuel storage is 1,000 gals. of gasoline. He wonders if it is a conflict or if it something that is meant to come before the Board for special conditional use. Harry wonders if it’s something they should talk about or ask Bill Plouffe about. Is an auto service station a bulk fuel storage area? He’s aware of bulk storage areas that are not auto service stations. Keith asked how the last stations have been approved
for bulk fuel storage. Should they exempt from the definition of bulk fuel storage service stations with more than 1,000 gals. of fuel Jim asked? There was some discussion of above and below ground fuel storage. Should it remain a “P” or should it remain an “E?” Jim asked. Jere thought it would remain an “E.” If a service station wanted to come into the town, how would Fred handle it? There was some agreement on clarifying this item in the ordinance. Jim stated would it be necessary to exempt from bulk fuel storage facilities service stations that sell it directly from the property. Would it be better to leave the Land Use Table as it, and re-define bulk fuel storage? This definition does not apply to auto service stations which may dispense gasoline from the facility. Jere asked Fred about what will be happening at Tory Hill. Wednesday at 6 p.m. will be the deadline to have things to Krystal, Jere stated.
Caroline asked about the kennel numbers, but it was agreed that ours would be okay with the State’s definition.
Jere said he asked the Police Chief for input on ordinance changes, and he hasn’t heard much from her.
Harry asked about snow dumping—between John Pompeo and the trailer lot. Fred called DEP, and they said it was okay. Harry asked about the noise, and Fred said if this was a problem to give him a call.
Motioned by David, seconded by Jim, to adjourn at 8:39 p.m. All voted in favor.
Approval Date: __________________
Jeremiah Ross, III, Chairman Signature Date