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Town Seal
Planning Board Minutes 08//11/2008
August 11, 2008

Recorded by Hilda Lynch

Present:  Harry Kavouksorian; David Savage, Sr.; Keith Emery; Jeremiah Ross, III; Emily Walsh,

Absent:  James Logan, David Anderson

Others Present:  Dan Riley (Sebago Technics), Elizabeth White, Marie Clements, Tim Clements, F. Robert Williams, David Cowan, Brenton Hill, Gordon & Shirly Copeland, Kathy Peasley, Ken Peasley, Bob Costigan, Nancy Frazee, Todd & Kelly Ellis, Edward Brackett, Kim McKinnon, Gloria Steiger, Peter Pinkham

Chairman Harry Kavouksorian called the August 7, 2008, meeting of the Buxton Planning Board to order at 7 p.m.

Re-open the Public Hearing for H.A. Mapes       
Keith asked why the public hearing needed to be re-opened.  Jere stated that this is what the Town Counsel said needed to be done.  Keith said that in the past when letters such as these had arrived that they just put them in the file and questioned whether past practice is being changed.
  • Jere motioned, seconded by Harry, to re-open the public hearing for H.A. Mapes for the limited purposes of addressing Section 10.1.5 of the ordinance.  4 in favor, Keith opposed.
Dan Riley was present to represent H.A. Mapes.  He understood that there was conditional approval at the July 9th meeting, one of the conditions being approval by the Maine Historic Preservation Commission and Buxton/Hollis Historical Society.  A letter has been received from the Maine Historic Preservation Commission stating that the project will have no effect on historic properties.  Dan paraphrased from the letter from the Buxton/Hollis Historical Society.  He hopes the Board will accept these letters as having addressed the conditions of the approval.  Harry asked if anyone were present to present evidence from the State or local historical society.  Brent Hill spoke from the Buxton/Hollis Historical Society.  His procedural comment was that they didn’t actually get anything on this application until after it was approved, which seemed a little out of order.  He understood that it was due to Sebago Technics’ interpretation that there weren’t any historical properties adjacent.  He believes they took “adjacent” to mean abutting.  He hopes the Board will consider “adjacent” in the future to include those historical properties nearby.  He thinks it makes it quite easy for the applicant if they make this kind of interpretation.  Harry doesn’t think they’re going to agree on a  definition of “adjacent” here tonight but wants to make sure the conditions are met – the reason for re-opening the hearing.  Harry mentioned that the letters didn’t go out until after the Board approved the conditional approval.  The actual comment Brent has is on architectural harmony.  The ordinance doesn’t state anything about this, but Brent does feel that this is a nice part of town (former center of town) which he believes would be best kept in some kind of historical perspective.  He believes this applicant has taken some of this into consideration, and he doesn’t see this building being proposed as offensive.  He’s concerned about the long-term dealing of things like this.  Harry agrees that they can’t address every possible scenario in the ordinance but agrees that things could be different.  Jere stated that the Findings of Fact have not been approved yet, so this application has not been fully approved as yet.  He would be happy to work with the Historical Society to work on ordinances for the town which would cover some of Brent’s concerns.  Harry asked Brent if he were aware of ordinances in other towns, which would provide a starting point.  Brent says he is aware that other towns have something like this, and he wants people to be sensitive to the historic properties.  Jere feels that the Board would be more than willing to work with the Historical Society to come up with changes that can be presented to the voters next June.  
        Harry asked if there were any abutters present or neighbors who would like to speak, and there were none.  He asked if there was any who would like to speak, and no one came forward.
  • Jere motioned, Keith seconded, to close the public hearing for H.A. Mapes.  All voted in favor.
  • Keith motioned, Emily seconded, that the information provided is in compliance with Article 10.1.5.  All voted in favor.
Discussion of the site walk for Gordan and Shirly Copeland, 241 Rankin Road, who are applying for a Conditional Use Permit for a kennel in order to house more than six (6) dogs; Tax Map 6, Lot 57.
Harry stated that there was a site walk on July 14th at the Copeland’s.  Gordon and Shirly Copeland were present to address this application.  David S. says that there was definite access to the house for the dogs.  There was no need for a kennel enclosure.  He’s looking at a report from Animal Control dated the 15th of July, and he asked the Copeland’s if they’d addressed the unsatisfactory parts of the report.  Gordon asked if he meant the CVI and said he called their Vet who knew nothing about the shots referred to in the report.  They’ve always given copies of the information regarding the birth of dogs, shots, etc. to the buyers, but have never kept copies of the vaccinations given the puppies.  David S asked about other unsatisfactory things listed.  Gordon asked about the odors, and he says that it says on the form that odors are not detected.  He says that the dogs have to be kept in a smoke-free room, which he says they are.  Gordon says that the room is ventilated.  He says that’s no problem when they have a litter of puppies.  David asked about the ventilation, which Gordon says isn’t a problem when they have a litter.  Emily asked if the Animal Control Officer (ACO) would come back to inspect, and Gordon said she wouldn’t as she was completely satisfied.  Harry asked if they had a license, and Gordon responded that they did – from the Maine Dept. of Agriculture.  Jere and Keith didn’t see any problems.  Emily mentioned that a re-inspection is needed according to the Animal Control Officer’s report.  Shirly said the Animal Control Officer came back after the site walk.  Harry said he would have liked something from the ACO stating that the re-inspection had been done.  Shirly said the ACO did a re-inspection on the 15th, the day after the site walk.  Shirly showed Emily her copy, as the one Emily has is totally different.  Emily showed Shirly the differences on the report that the Board members had.  Keith stated that they had time to have it resubmitted prior to the public hearing.  Harry asked if the Board felt there was enough info to set a public hearing, and they did.  
  • Jere motioned, Keith seconded, that a public hearing be set for Gordon and Shirly Copeland on August 25, 2008.  All voted in favor.  
Discussion of site walk for Kim McKinnon of 20 Dundee Circle, who is requesting to expand her existing Conditional Use Permit for Animal Husbandry to house horses from 2 to 4; Tax Map 4, Lot 12-7.
        Harry stated that the site walk was held on July 14, 2008.  Emily didn’t see any map indicating any water, wetlands, or lack thereof.  She wondered if she missed it.  Harry said they did request a drawing.  Kim has the footage but hasn’t put the footage from the wells on the drawing.  Jere said they talked with an abutter, who was concerned about the distance of the paddock to the wells.  He thought she met the setback.  He stated there needed to be noted on the plan a place where the manure would be kept.  They noticed a small pond at the bottom of the hill, but it was agreed that this was man made and wouldn’t be considered a wetland.  He understands that the applicant is concerned about the number of animals since she was in a rural zone when she moved there.  He said she would be grandfathered for the number of animals she had then.  The barn was built in 1988, and the nearest house wasn’t built until 8 years afterwards, Kim stated.  Her current number of animals is not a problem; but if she plans to increase the number, the Board let her know that she would have to come into compliance with the ordinance.  
        Kim asked what else was needed.  She has the measurements.  David S said the measurements are good.  Jere stated that she could put those distances on the plan that she’s presented.  They wanted to know where the manure storage would be.  She stated there is room to move it further away if needed; she’s willing to work with her neighbors.
  • Keith motioned, seconded by David S, that a public hearing be set for this project on August 25, 2008.  All voted in favor.  
Jere reminded her that she would need her info into the Code Enforcement office by next Monday, August 18th.  Kim clarified that the need was for the distance to the wells and the manure storage on a drawing.

Discussion of site walk for Timothy & Marie Clements of Hall Road, who are requesting a Conditional Use Permit for Animal Husbandry to raise up to 24 goats; Tax Map 1A, Lot 48.
The Clements reported that the site walk was held on July 14th for the leased property across the road from their home where they would like to raise up to 24 miniature goats.  David S asked about the right of way, and other Board members mentioned that this wasn’t an issue for the Planning Board.  This would be a civil matter, Marie stated.  Jere didn’t notice any problems when they attended the site walk.  Harry said they talked about some screening, and they asked for distances from 24 wells and from the shoreland zone.  The Clements have done this.  Marie asked if they had an opportunity to get some other kind of building if they could do this, and Harry said this was something they could work with Fred on.  Emily referred to Article 8, which mentions a safe and adequate access to the property.  Harry asked if all felt that they had adequate information to set a public hearing.
  • Keith motioned, seconded by Emily, to set a public hearing on August 24 for the Timothy and Marie Clements’ permit.  All voted in favor.  
Jere suggested that they have any comments in by Monday, August 18th.  He stated that people at the hearing would have to read their own comments even if previously submitted to the Board.

Gloria Steiger of 33 Lord Road who has submitted an application for a conditional use permit for a kennel in order to house more than six (6) dogs to bring her in compliance with Article 11:11 of the Town of Buxton Zoning Ordinance; Tax Map 11, Lot 18-3.
Gloria stated that she used to breed and show dogs.  She’s not planning to do any breeding or showing but currently has nine dogs.  She doesn’t want to increase the numbers, and her goal is to decrease the number of dogs she has.  Her application stated that she doesn’t need any other licensing because she isn’t going to be breeding.  Keith gave an explanation about allowing neighbors to attend the site walk or not.  Harry asked if the Board was ready to set a site walk.  There was some discussion about when to have the site walk.  
  • Motioned by Jere, seconded by David S, to hold a site walk for Gloria Steiger on September 3, 2008, at 6 p.m.  All voted in favor.  
David S asked about her mixing the dog feces with the horse manure.  She has someone who comes and takes it away, or they spread it on the backfield.       

Kelly Ellis is requesting a Conditional Use Permit for a nursery school/daycare at 24 Ellis Drive; Tax Map 2, Lot 19-2.
        Kelly wants to open a pre-school.  She is on a private road.  There will be six children at one time, and she has the parking for them to come in and out.  Harry asked if she has her license from DHHS.  She said she’s waiting for the Fire Marshall before having DHHS come in.  Jere asked if she was proposing a maximum of six, which Kelly stated that she was.  Board members stated that they thought she could have up to 12 from the State license.  Harry said that they would have to come back if they decided at some later date to go up to 8 or 10.  Keith stated that she should ask for 12, and Jere agreed.  Kelly asked if she could have the site walk sooner than September 3rd, as she wants to get it open.  Emily asked if a daycare would equal a home occupation, which would bring in Article 11.10.  Keith said they’ve never considered it a home occupation because they’ve gotten a license from the State.  Fred agreed that this was the way they’ve always done it.  Kelly stated that it was being licensed as a daycare, and she will be running it as a preschool.  
  • Motioned by Jere, seconded by Emily, to hold a site walk at 6 p.m. on Monday, August 18th,  for Kelly Ellis’ Conditional Use Permit for a nursery school/daycare at 24 Ellis Drive; Tax Map 2, Lot 19-2.  All voted in favor.
Jere gave a possible scenario for dates of approval.    

David Cowan, owner of Self-Storage located at 1011 Narragansett Trail, is seeking to amend his current Conditional Use Permit to a Self-Storage/Auto Sales; Tax Map 8, Lot 20A-34.
        David mentioned that they currently have a Conditional Use Permit for the Self-Storage.  He’s not planning to change anything on the site, but he wants to use the existing parking spaces to sell used vehicles.  Harry asked if he was planning to do any repairs, and David C. said that he wasn’t.  David S asked about the parking spaces he has and wanted to know if he’s required to have a certain number for his self-storage customers.  David C. says that most days there are no customers there for the self-storage.  He says they generally pull up in front of the office building, and they have five spaces there.  They have another area adjacent to the lawn next to Rt. 202 that doesn’t get used and is where he’s proposing to put used vehicles.  Jere asked if they determined how many spaces were needed for the Leavitt’s Mills Health Center and how many spaces are required for the self-storage to see if there’s enough space to park used vehicles.  Section 10.9 – Jere assumes would be for a medical office.  Fred said he felt that ten spaces would likely be needed for that.  David C thought there was only one registered nurse usually, so Jere thought they’d need to have one space for the RN, which David C says they have.  Jere asked Fred for a clarification of the use of the building for the self-storage in order to determine the parking needs.  Fred said that the medical office is only open part-time, so he wouldn’t think there would be very much need for parking.  David C says he’s talking about a half dozen or less used vehicles, which he plans to put where they can be seen from Rt. 202.  Jere asked if he would be willing to agree on the spaces where he could park the used vehicles.  There would be no additional employees, David C says.  Jere mentioned that they’ve had experience with used car lots placing more vehicles on the lot than there is space for, so he asked if they could limit the number of vehicles to ten, which David C says wouldn’t be a problem.  Emily asked if there would be any additional paving, and David C said there would not.  
  • Keith motioned, seconded by Jere, to hold a site walk for the auto sales at 7 p.m. on August 18th.  All voted in favor.  
CEO Report - Fred mentioned that the school project is underway and the beginnings of the footings for the gym are being put in, most of the landscaping, site preparation, etc.  The public works building project will be breaking ground quite soon.  They’re awaiting steel for the foundations.  He’s had no calls about dust or noise.  Keith said he looked in there today (school site), and he thought the building had been moved forward.  Fred thinks they’ve changed the contour of the land quite a bit.  They’re using GPS stations and are constantly marking where they are.  The only comment Keith has heard from one of the families on Maple Lane; he asked if there is any ordinance on noise.  He wanted to know if there was a need for beepers at 8:30 p.m.  Keith learned that it was the paving crew.  Keith thought they might hear them once again but not on a regular basis.

Approval of Minutes:
        May 27, 2008 – Tabled until there is a majority of the members that were present.
        June 9, 2008 – Tabled until there is a majority of the members that were present.
        June 23, 2008 – Emily had one change:  her last name should be Walsh – not Smith.  Keith asked about the approval of the Greensward Hamlet vote where only three approved.  He thought an opinion was needed by the attorney.  There was some discussion about this.  Jere mentioned that this motion was on the Findings of Fact and not on the Conditional Use Permit.  Jere thought they might want to get clarification from Bill Plouffe.  Jere mentioned that when five members of the Board were present, he thought three would constitute a majority.  

  • Motioned by Jere, seconded by Keith, to approve the minutes of the June 23rd meeting as amended.  All voted in favor.    

Approval of Bills: Deluca Hoffman Assoc., Inc.  We have received payment from SAD 6 to cover two invoices in the amounts of $3,986.43 and 137.80 for a total of $4,124.23.
Keith reviewed the invoices from Deluca-Hoffman.  There’s proof that the monies have been received.
  • Motioned by Jere, seconded by Keith, to cover the two above invoices for review of the SAD 6 project.  All voted in favor.
New England Forestry Consultants – informing the Board of several foresters who are offering wetland/environmental permitting services
Comprehensive Plan, which Keith stated the Town isn’t doing because they don’t have enough members to do it.
        Budget statement
        Maine Townsmen for June and July
        SMRPC report from 2007-2008 is available for anyone’s review

Jere reminded the Board about the shoreland zoning mapping.  He stated that they would need to put together a proposal for bids or decide if they want SMRPC to do this.  Jere has partially drafted a letter. Keith thought it should be done both ways to see which way it would be least expensive.  Jere explained to Emily what needs to be done.  Jere thought there was an estimate of about $7,000, which has been approved at the June town meeting.  He feels they should get going on this as it will take awhile to do.  Jere mentioned that they have a previous Board member who knows this very well, and he wondered if they wanted to ask her if she has any interest in doing some of this.  He thought a boilerplate would be made up, which would make it fairly easy to do.  Jere said they talked with the Selectmen about it, and they thought it should be sent out to bid.  Jere thought the Board needed to draw up a letter stating why it needs to be done, the requirements, and what the expectations would be.  One of the conditions would be that whatever is done would be approved by DEP.  Harry asked about payment, and Keith said that some money would be held back until DEP approval before the last check is cut.  Emily asked if the Board would be adopting the model ordinance.  Due to the limited staff, Jere stated that they’d probably go with the model ordinance.    

Other Business:
Review and sign findings of facts for the following:
H.A. Mapes - There aren’t enough members present who were here for the above meetings and for the Findings of Fact for H.A. Mapes.

Sign the Planning Board Bylaws – There was some searching for the by-laws, but there weren’t copies for everyone.
  • Jere motioned, seconded by Keith, to table the above items as well as the minutes of May 27 and June 9 until the next meeting.     All voted in favor.  

  • Adjournment –Keith motioned, seconded by Jere, to adjourn at 8:28.  All in favor.

Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman                       Signature Date

Town of Buxton
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