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Town Seal
 
Planning Board Minutes 08/25/2008
Town of Buxton Planning Board
Monday, August 25, 2008 at 7 pm


Recorded by Hilda Lynch

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

Members Absent:  David Anderson

Others Present:  Richard Feldhaus, Marie Clements, Edward Brackett, Tim Clements, Gordon & Shirly Copeland, Samuel C. Berube, Amanda Clements, Kim McKinnon, Cecile Deshaies, Kelly Ellis, Henry Sheedy, Steve Retalic, Doris Heinburg, David Cowan, Alan Burrows, Katherine Cady, Karin Whitney, James Kenney, Joyce Kenney

Chairman, Harry Kavouksorian called the August 25, 2008, meeting of the Buxton Planning Board to order at 7 p.m.

Public Hearing for Gordon & Shirly Copeland of 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 let people know that the Board has a very full agenda this evening, so if the discussion goes much past 10:30 p.m., the balance of the items at that time will be tabled.
  • Motioned by Keith, seconded by Jim, to open the public hearing.  All voted in favor.
        Harry mentioned that a little more information was needed from the Animal Control Officer, and the Board had received her letter.  All members of the Board were set with the application at this time.  Harry asked if Fred had any questions, and he had none.  Harry asked for comments from abutters.  Dick Feldhaus, who lives next door, spoke regarding the letter he received from the Planning Board. He asked the Copeland’s if they were aware of the boundaries.  He asked if there was a setback requirement, and the Board members don’t think there is – only if they had manure.  He stated that as long as they adhered to the boundary, he had no problems with it.  Harry asked if there were questions or comments from the general public, and there were none.
  • Jere motioned, Keith seconded, to close the public hearing.  All voted in favor.
  • Keith motioned, Jim seconded, that the reading of 8.2.B and Article 10 be waived.  All voted in favor.
Harry read the conditions of approval:    
1. All elements and features of the application and all representations made by the applicant concerning the development and use of the property, which appear in the record of the Planning Board proceedings, are conditions of the approval. No change from the conditions of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article 8.2.B & 10.
        3. That the applicant be in compliance with all applicable provisions of Section 11.
        4. All outstanding bills are paid before a permit is issued.
  • Keith motioned, seconded by Jere, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable). All voted in favor
  • Keith motioned, seconded by Jere, to approve the application with the conditions stated and from previous meetings.  All voted in favor.
Harry stated that the applicants were all set.

Public Hearing 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.
  • Motioned by Keith, seconded by Jim, to open the public hearing.  All voted in favor.
        Harry mentioned that the Board asked for a drawing to show the distances of wells to the property in question.  He stated that she didn’t show her own on the drawing she provided.  Kim showed them where her well is on the drawing.  Jim asked about the application stating that she was asking for four (4) horses.  At the time of the application, Kim had three horses and one small pony.  During the process, Kim stated that she found that one of the horses was in foal, so she has a six-week old foal now and is asking for five.  Jim pointed out that foal was spelled “foul.”  Keith asked about and Harry stated that there were 352 ft. to the Delong’s well and 334 ft. to Lorraine and Greg’s well, and her own well was okay.  David asked about No. 5, and Keith stated that they’d wait until they got to the conditions.  Jere clarified that Kim was asking for five horses.  Harry asked if Fred had any comments, and he had none.  He then asked if there were any abutters or general public who had comments.  None forthcoming, he asked if there were any additional conditions.  Jere stated that he would limit the number of horses to five.  
  • Keith motioned, Emily seconded, to close the public hearing.  All voted in favor.
Harry stated the conditions of approval:
1. All elements and features of the application and all representations made by the applicant concerning the development and use of the property, which appear in the record of the Planning Board proceedings, are conditions of the approval. No change from the conditions   of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article 8.2.B & 10.
        3. That the applicant be in compliance with all applicable provisions of Section 11.
        4. All outstanding bills paid before a permit is issued.

Additional conditions:
        5. A limit of five horses will be allowed.
  • Keith motioned, Jere seconded, to waive the reading of Article 8.2.B, 10 and 11.  All voted in favor.  
  • Keith motioned, Jim seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable).  All voted in favor.
  • Jere motioned, seconded by David, to approve the application with the conditions stated and from previous meetings.  All voted in favor.
Harry let Kim know that she was all set.

Public Hearing for Timothy & Marie Clements, who are requesting a Conditional Use Permit for Animal Husbandry to raise up to 24 goats; Tax Map 1A, Lot 48.
  • Keith motioned, Jim seconded, to open the public hearing.  All voted in favor.
        Marie Clements stated that she believed that all information that was asked for has been provided.  Harry asked if anyone had any additional information.  Jim mentioned that during the site walk he expressed some concern about up to 24 additional goats on the property across the street.  Marie mentioned having six or eight goats there and allowing for kids, there could be an average of three each.  Tim suggested that they say that they planned to have no more than 12 and their offspring.  They don’t plan to keep the kids so would have them only a couple of months.  Marie mentioned that they have more than enough square footage.  Jim wanted to be on the record as expressing some concern on the number in general in a residential area.  Harry mentioned that there is currently no population density in the ordinance regarding animal husbandry.  Marie mentioned that these are Nigerian miniatures, which average about 45 lbs.  Jim asked if a condition could be made to limit the goats to Nigerian goats, and Marie was okay with it.  
        Harry mentioned that they have a letter from a real estate broker regarding property values possibly being affected.  Marie stated that the opposite could also be true as she learned from someone from the Dept. of Agriculture.  Jere mentioned an e-mail from Roger Hunt as part of the public record.  Harry asked if any abutters would like to speak.  
Patrick Millington, who is a direct abutter on 51 Hall Rd., spoke; and he has no problems at all.  He said that when the Clements first got the goats, he might have heard “baaing” a little as they got used to the milk.  He thinks a lot of animosity occurred as the result of the town not plowing their road.  He doesn’t smell anything or hear anything from the goats.  The goats would actually be further away from him across the road from the Clements’ home.  He feels the Clements use of their property has only enhanced the neighborhood.  Jere asked if he was a resident, and Patrick stated that he’s been a resident for ten years.  Patrick thinks that things have gotten out of hand.  Harry asked about cheese making, and Marie said they would make cheese but would not sell from their property.  
Edward Brackett stated that he does abut the Clements’ property.  Jere asked about the Garniss property.  Edward says the right of way runs between his and the Garniss property, just the same as the Clements’ property.  Edward stated that he abuts the existing six goats now.  He believes that they have rural property but also believes they’re sitting on the line of shoreland property, and that’s his only concern.  He wonders if it is the proper place to have a goat farm.  When six are turned into 30 goats, it becomes a farm in his opinion.  The Clements stated that it was 325 ft. from the high water mark to the edge of the leased property.  Jim asked Fred if the setback were 300 ft. in the Town of Buxton, and Fred agreed it was.  Edward suggested that it was just outside the shoreland zone.  He has been a resident of Buxton for 65 years or so.  Harry stated that as the ordinance is written, this is nothing that is going to be changed; and he talked about the process of changing an ordinance.  Edward just wanted to state his opinion.
Steve Retalic is an abutter of the Clements’ property and has been a year-round resident for 13 years.  Roz Anton was going to list his house, but she had too many listings at this point so has chosen another realtor who is local and knows the area well.  His first concern is that cheese is being made on the Clements’ property and wants to know if this is a licensed kitchen.  Marie said they have a separate building and have met with the Dept. of Agriculture people to bring it up to dairy standards several times, and they are bringing this building up to standards to get licensed only because it makes good hygiene practice.  They couldn’t sell to anyone but family and friends otherwise.  
Steve mentioned the animosity.  He sent out an e-mail when he first found out asking a lot of questions and expressing concerns.  Everyone on Hall Rd. has been involved in this e-mail.  He says the Clements didn’t choose to answer any questions, comments or concerns.  He mentions that there is a rooster who has been quite loud, and Fred has assisted him with this.  He says he hears the goats from his kitchen.  He wants to know what recourse he has if the goats get very noisy.  Harry stated that they should call Fred for noise measurement.  
Steve says he sees a lot of things “in anticipation,” which the Clements state that they’re not going to have as problems.  Tim mentioned they’ve talked with the Dept. of Agriculture today regarding an e-mail they had received, and someone from the department came on Friday in response to the e-mail when the Clements weren’t at home.  The Dept. of Agriculture person called them today to say that everything that is required is being done.  Tim says they have mandatory things that they’d have to comply with if there is a larger operation, and they’ve offered some good suggestions.  Harry asked if the Dept. of Agriculture were aware of their plan for expansion, and the Clements said they were.  They’re very willing to make it a condition that they will bag up the manure and dispose of it every week.  Tim stated that his hygiene concerns are as strong as anyone’s.  Steve asked about the urine, and the Clements stated that they spray it daily with a biodegradable agent that will neutralize it.  The Dept. of Agriculture person said it was fine.  Steve asked if they had a plan if there were some runoff, and the Clements stated that there was just a little bit of urine.   Jim said that runoff would only be affected by impervious surfaces like the roofline of the building they’re going to add which won’t be much.  He’s not that concerned about runoff.  Steve said he had a concern about 24 milking goats and their offspring.  He asked if they were asking for 24 milking goats.  Jim stated that they would have a limit on the total like the applicant before.  Harry mentioned that Marie stated earlier how she came up with the 24 goats.  The Board members understood there would be 24 goats in total.  Jim stated that the application is not the final statement but the Findings of Fact and the conditions placed by the Board would be.  
Steve asked if there were not going to be large goats.  He stated what he was looking for when he was looking for a home, and he thinks this is too much for him.  He’s tolerated chickens, roosters and goats and was told in an earlier e-mail that they only wanted six and now finds them back here asking for 24 more.  Steve says he understands what they want to do but wants them to take it away from them a little more.  Jim mentions that the ordinance does allow animal husbandry in the residential zone.  He says that its “buyer beware” and Steve should become familiar with the ordinances.  Marie stated that they don’t have the rights to the land that Steve is suggesting, and they would have to carry water as well.  Keith stated that people moved to the town for the rural atmosphere.  Steve believes that a hardship is being put on him.  Harry stated that he understood how Steve feels but can’t do anything about the way the ordinance is written and again stated that there is a process to change the ordinances.  
Steve mentions a picture the Clements submitted regarding a carpet business.  He stated that he bought this company seen in a picture the Clements submitted and has put them out of business.    Jim asked if he was willing to put a deed restriction on the property he wants to sell.  Steve believes he could use his home as a business, but he thinks that this is not appropriate.  Harry stated that this is his opinion, and others have different opinions.  
Jere mentioned they have received four people for and two or three against.  Steve says there are four against.  Marie has done a map for the Board regarding which property owners have written in support and those against.  Jere stated that even if it were four for and four against, the Board would have to consider this in relation to the ordinances.  Steve mentions a fifth one sent to the Town at the beginning.  
Emily questioned whether there would be conditions that could be put on this application in order to satisfy him.  Steve stated that they could move the goats away from the houses and carry the water with the tractor they have.  He asked where the goats are going to be milked.  Tim said they could be milked anywhere.  Jim mentioned that they have to pay attention to the application before the Board.  Steve asked if this operation could be moved away from the houses – moving the goat pens 100 - 200 ft. up the road.  Harry said the Board has no authority to ask that.  Jere said that the question is whether the applicant would be willing to do this.  Tim stated that they leased that particular piece because it is close to his property.  They’ve spent over $5,000 to clear the land, and they’ve done considerable work.  They planned to use the land whether it was for the goats or not.  Tim stated that he’s working with the Code as it is.  Harry said they could only ask that they satisfy the ordinance as it is written.  Steve wants someone from the Dept. of Agriculture who has a real estate background to evaluate the property.  Jere stated that they were getting off track, and Harry brought them back to the issue.  
Tim mentioned the Hunts and the Williams – a brother and sister next door to each other for and against.  Jim asked if there would be a report in writing from the Dept. of Agriculture.  Tim said that because of a complaint from a neighbor they had to investigate, and they found no problems.  
Diane Gray of Agency One wouldn’t take his house as a listing, Steve says, because of the goat farm.  Board members mentioned that they couldn’t take hearsay.  Jim mentioned a workshop they went to regarding the effect on neighboring property values.  It had to do with the value of the neighborhood but they were not instructed to look at the value of individual lots.  Steve believes the entire neighborhood is affected by this.  He said his letter is not for his specific property. He says that there is a lot of anticipating of things that he’s concerned about.
Cecile Deshaies is a landowner on the abutting road.  Her property is probably closer to their property than everyone else.  They don’t currently have a well but plan to at some point.  They are on Lawrence Ln.  She has been a lifelong summer resident – 50 years.  She’s concerned about contamination.  She feels this is a commercial venture – not animal husbandry.  Emily asked if she had submitted something, and she said she didn’t feel she had the right to since she’s not a direct abutter.  She has a very small lot on the right side of Lawrence Ln.  Jim says it looks like she’s 300 ft. or more.  Marie stated that this lot is 598 ft. from the area in question and mentions that they have a holding tank, which she would be more concerned about.  Jim said that a holding tank would have waste pumped out and no waste out on the ground so not of concern.  
Ed Brackett doesn’t think he’s hard to get along with.  He made a comment to Steve that if it were closer to his house, he wouldn’t have a problem with them moving it 100 ft. closer to him.  He still believes it is a farm that is too close to the shoreline.  
Amanda Clements is residing in the house connected to where the goats are.  They never have a problem with noise or smell.  The goats make noise only about 15 min. when they’re ready to be fed in the evening.  Her house directly connects to where the goats live.  Jere asked what her relationship was to the applicants, and she stated that the applicants are her parents.
Henry Sheedy is an abutter to the Garniss’ property.  He has spoken to some of his neighbors on Lawrence Rd.  He trusts Mr. Farnham regarding their drinking water.  He asked if there were going to be a change in the zoning regulation.  Harry mentioned that a change in zoning could only be made through petition, the Selectmen, and the Planning Board.  Jim thinks someone should take the initiative to get animal husbandry out of residential areas, but he also stated that the whole town would have to vote on it.
Steve talked again about his biggest concern.  They started with chickens, a turkey or two, a rooster, six goats and now 24 goats.  Where does it stop?  Harry mentioned that there is no population density limit.  Steve asked if there were no end to this.  Steve believes he has put his business in an appropriate place.  Jim asked if he solicited any other information regarding the town’s ordinances.  Steve believes the realtors look up the zoning and that Carol Fox knows the area the best.  Jim mentioned a personal experience with someone on Pond Rd with animals.  Jere asked Fred if there has to be a permit to have a rooster for any zone.  Fred said that they could have up to 10 fowl in any zone in Buxton.  Fred stated that horses, cows and pigs do have to come before the Board.  Harry asked about the density of population.  Jere asked about the rural zone.  To have horses, a person has to have three acres without coming before the Board.  Jim asked Fred if he’d ever had occasion to measure farm animals with the noise meter.  Fred said the noise would have to be sustained over a period of time.  Jim thought that no noise measuring of farm animals would cause problems with the ordinance.
Harry asked if any other members of the public would like to speak, and there were none.
A condition that Jere suggested was a maximum of 24 animals added.  They would have no others than Nigerian dwarf goats.  Jim suggested that there would be no open manure pit.  Harry mentioned a fourth condition would be buffering.  Marie stated that instead of clearing totally, they left about 20-25 ft. uncleared – trees, bushes, etc.  She was thinking of transplanting some of the items from her property that spreads.  Steve stated that there are spots cleared to the road.  Jim suggested transplanting some trees there.  Marie stated that was fine and that there is only one opening to go in.  The applicant would consider adding additional buffering, and the buffering that is there would remain.  Jim asked for something similar to what exists.  The Clements have no problem transplanting some field pines or something – 12 to 18.  Marie said they’d be glad to and asked if they could take some time with that, and Jim said how about if they say by spring.  Jim asked about June 1st as the date in 2009.  Keith mentions that there is a guideline for buffering in the ordinances – spaced so far apart and number of rows.  
        David asked about No. 25.  He mentioned the signage.  Marie stated that they were going to put up a pretty farm sign but won’t do it if that is a problem.  Jim said that the Clements could put a sign on the front of the building when they had the site walk.  Harry asked if they wanted to read 8.2.B.
  • Jere motioned, Keith seconded, to close the public hearing.  All voted in favor.
Harry began reading the conditions of approval:           
1. All elements and features of the application and all representations made by the applicant   concerning the development and use of the property which appear in the record of the Planning Board proceedings are conditions of the approval. No change from the conditions   of approval is permitted unless an amended plan is first submitted to and approved by the       Planning Board.
2. That the applicant be in compliance with all applicable provisions of Article 8.2.B & 10.
  • Jere motioned, seconded by Keith, that the Board read 8.2.B and Article 11.3.  
                8.2.B.1.   Motioned by Jere, seconded by Keith, to approve.  Five in favor, Jim
  opposed.
8.2.B.2  Motioned by Keith, seconded by Jere, to find the applicant is in
  compliance.  
  All voted in favor
                8.2.B.3   The property is not in the floodplain.
8.2.B.4   Motioned by Jere, seconded by Keith, that the applicant is in
   compliance with the condition that the manure will be removed.  All     
   voted in favor.
                8.2.B.5   Jere motioned, Jim seconded, to approve.  All voted in favor.
                8.2.B.6.  Keith moved, Jere seconded. to approve.  All voted in favor.
                8.2.B.7.  Jere moved, David seconded. to approve.  All voted in favor.
                8.2.B.8   Jere motioned, Keith seconded. to approve.  All voted in favor.
                8.2.B.9   Jere motioned, Emily seconded, to approve.  All voted in favor.
                11.3     Animal husbandry
                11.3.A.  Keith motioned, Jim seconded, to approve.  All voted in favor.
11.3.B.  Jere motioned, Jim seconded, that the application is in compliance (removal  of manure daily).  All voted in favor.
11.3.C   Keith motioned, Jere seconded, to find applicant in compliance.  All voted   in favor.
11.3.D  Keith motioned, Jim seconded, to find applicant in compliance.  All voted in favor.
11.3.E  Jere motioned, Keith seconded, to find applicant in compliance (24 animals including offspring).  All voted in favor.
11.3.F  Jere motioned, Keith seconded, to find applicant in compliance.  All voted in favor.

        3.   That the applicant be in compliance with all applicable provisions of Section 11.
  • All outstanding bills paid before a permit is issued.
Additional conditions by the Board:
  • Manure will be removed daily.
  • Nigerian dwarf goats only.
  • Limited to 24 goats, including kids.
  • Buffering would be in place by June 1, 2009 – minimum of 10 trees.
  • Keith motioned, Emily seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable).  Five in favor, Jim opposed.
  • Jere motioned, Keith seconded, to approve the application with the conditions stated and from previous meetings.  Five in favor, Jim opposed.
The Board thanked the Clements.

Discussion of site walk for Kelly Ellis, who is requesting a Conditional Use Permit for a nursery school/day care at 24 Ellis Drive; Tax Map 2, Lot 19-2.
        The site walk was held on Monday, August 18, 2008, at 6 p.m. at Kelly Ellis’ lot; Map 2, Lot 19-2.  David asked about a bathroom, and Kelly stated they will put one in next year.  Harry stated that this is an issue for DHHS to decide.  Jere mentioned they’d met there on the 18th and he had no issues.  Board members stated that they felt the parking was adequate.  Jim asked about the number of kids.  Kelly stated that she would start with 6 and go up to 12.  Jim asked Fred about wastewater for 12 additional children in a residence.  Harry asked about a daycare being a home occupation.  Fred stated that it is a home occupation, but they are treating it separately.  Jim asked about adding a bunch of new kids in relation to the septic system.  What is the number of bedrooms listed?  Three are listed.  Jim asked about provisions for 12 extra kids per day.  He’s willing to accept Fred’s judgment on it.  Harry asked if they have enough info to set a public hearing.  Jere asked if they were waiting for anything.  He asked about a copy of the letter from the Fire Marshall, which Kelly had brought in on Friday.
  • Jere motioned, Keith seconded, that they set a public hearing for Kelly Ellis for September 8, 2009, for a conditional use permit for a daycare.  All voted in favor.
Discussion of site walk for David Cowan, owner of Self-Storage located at 1011 Narragansett Trail, who is seeking to amend his current conditional use permit to a Self-Storage/Auto Sales; Tax Map 8, Lot 20A-34.  
        Harry stated that the Board had been on a site walk, and there were some questions about parking spaces.  David asked if they could or could not park on the grass.  Keith asked if when considering used car lots if they had to park cars on hot top or gravel or can they be parked on the grass.  Fred doesn’t think there’s anything in the ordinance that discusses that.  As long as it’s within the buffer strip, he thought they could park there.  Emily asked if they had six parking spaces and one on the lawn.  Would that be seven?  Fred said that it would depend on whether they designated it.  Mr. Cowan said that if they could come up with adequate spaces off the grass, could they from time to time park one on the lawn.  Mr. Cowan has a new plan, and Jere asked him to give them to Hilda to give to Krystal to get them disseminated.  Jere thought there wasn’t adequate space unless three spaces were added down below.  Jere thought the spaces were sufficient for people at the self-storage or the health center to park.  Jere stated that they agreed to a maximum of 10 vehicles on the property at one time.  Jim asked if there were any discussion about storm water, and there wasn’t.  There was no increase of impervious surfacing.
  • Keith motioned, David seconded, to set a public hearing on September 8, 2009, for David Cowan.  All voted in favor.
Mr. Cowan asked about the Findings of Fact being available for the next meeting.

Normand Berube Builders, Inc., submitted a plan to amend Whispering Pines Subdivision by splitting Lot 13-13 located at 31 Whispering Pines Drive; Tax Map 9, Lot 13-13.
Walter Pelkey from BH2M spoke as a representative for Normand Berube Builders to discuss the splitting of lot 13-13 located at 31 Whispering Pines Drive.  They’ve done additional test pits for the primary and reserved system.  The original approval included the land and the utilities that went with it.  Jere asked if they were proposing to create Lot 13-14.  Walter agreed and stated that Whispering Pines II is in the back.  Technically, this is a revision of Whispering Pines II, Jim stated.  Harry asked if it had been five years.  He stated that “to the day.”  Keith asked if this was the lot that the fire tank was on.  Harry said it was on the original 13-13.  Jim stated that the new lot did not contain the fire tank.  Harry asked if they had enough info to set a site walk.  Jim asked who did the wetlands on this subdivision.  What would have changed - can they get something in writing that says that no vernal pools exist within 250 ft. of the proposed lot since the DEP won’t be involved.  Keith asked about the soils test info but the Board has received it.  
  • Jere motioned, Keith seconded, that the site walk for Normand Berube Builders for an amendment to Whispering Pines II be held on September 3, 2009, at 6:30 p.m.  All voted in favor.
Katherine Cady has submitted an application for a Conditional Use Permit to operate an auto repair garage at 145 Parker Farm Road; Tax Map 1, Lot 170.
        Katherine is proposing a one-man auto repair business – a small operation auto repair as a semi-retirement business.  Harry asked, and they aren’t proposing any new buildings or changing any impervious surface.  Emily asked about the waste oil being stored in a barrel in the garage.  What happens when it gets filled?  They have a contract with Clean Harbors.  Jere asked if they could provide a letter.  Jim stated that they had a copy of the invoice, so they’d like a letter.  Jim asked if they were Merchant’s Auto and if he was going to operate at that location.  Alan said he was retiring this winter.  Jere asked how many vehicles they would have on the property at one time.  Alan stated one or two.  Jere asked if wanted to think about it.  They thought they would think about it and could talk about it on the site walk.  David asked if they had two bays, and Katherine stated that they have three.  David stated that five parking spaces need to be available for each bay.  They would see this on the site walk.  There was some discussion about the sketch that was provided.  Jere told them they could see samples of what has been done before.  Harry mentioned showing the wells, and Jim pointed it out on the sketch.  The wells of the abutters are on the plan.  
  • Jere motioned, Keith seconded, that they hold a site walk on September 15, 2009, at 6:15 p.m. at 145 Parker Farm Rd.  All voted in favor.
Jim asked about a sign.  Katherine stated that they wouldn’t have a sign because they have an existing clientele, and it will be word of mouth.    

CEO Report:
        Jere asked about the letter from Kelly Weymouth regarding the Buxton Elementary School.  Jere thought that the majority of her issues were police issues, and he asked if Fred could go up and talk with the supervisor.  Fred did talk with the supervisor, and he felt that they would take care of whatever needs to be done.  Jere would like a copy to go to Suzanne Lukas and Harriman Associates so they’ll be aware of what is potentially going on.

Approval of Minutes:   
      May 27, 2008 –
  • Jere motioned, Harry seconded, to approve the minutes as read.  Jere and Harry amended the motion to include corrections.  Harry, Jim and Jere in favor; Keith absent; David S and Emily weren’t on the Board.
June 9, 2008  
  • Jere motioned, Keith seconded, to approve as corrected (H2M should be BH2M).  Jere, Keith and Jim in favor; Harry absent.  Others were not on the Board.  
August 11, 2008
  • Jere motioned, Keith seconded, to approve.  All voted in favor.
Approval of Bills:  
Keith spoke about the Mapes Public Hearing bill for $25.50 for Portland Press Herald.
  • Jim moved, Jere seconded, to pay $25.50 to the Portland Press Herald for H.A. Mapes public hearing.  All voted in favor.
Communications:
*Letter from Kelly Weymouth has been addressed.
*Letter from Poland Spring Bottling reminding of activities in the community.
*Letter from Selectmen’s Office regarding the Freedom of Information Act – Maine’s Freedom of Access
Laws – A course being offered on September 18 at 6 p.m. and will be offered in October at the Alfred County Courthouse.  Keith doesn’t believe they HAVE to attend this, but they thought it might be a good idea.  Jim mentioned that they had some discussion about this with a planner from SMRPC.  Keith says the Budget Committee has to go, but the Planning Board doesn’t.  

Other Business:  
Review and sign Findings of Facts for H. A. Mapes
        Jere would like to thank Caroline Segalla who spent a considerable amount of time working with Krystal on this.
  • Motioned by Jere, seconded by Keith, to approve the Findings of Fact for H. A. Mapes.  Four in favor.  David and Emily are abstaining as they weren’t members of the Board at that time.
Planning Board Bylaws
        Keith mentioned a meeting to elect officers, which he doesn’t think needs to be included.  Keith thinks it is a waste of taxpayer money for them to meet separately to elect officers.  (7.5)  Elections aren’t finalized until Saturday of town meeting, and they could have a meeting the next Monday.  Jim says that this suggests postponing the next official meeting until this is done, or doing this at the meeting following the election.  
        Change 7.5 to delete “prior to”   and change it to “at.”

Jim mentions 2.4 and wants to encourage the Selectmen to get a group working on the comprehensive plan.  Keith asked last Wed. night at the Selectmen’s meeting, but they said that there aren’t enough people willing to serve.  Jim said that Caroline Segalla is interested, and Keith says that she needs to send a note to them.
  • Jere motioned, Harry seconded, to approve the bylaws as amended.  All voted in favor.
Keith asked if the Board wanted to do any of the Findings.  Gordon and Shirly had no changes.  Emily mentioned that it says six in one place and eight dogs in another.  She thought they came as they wanted eight, so that needs to be changed.  
  • Keith moved, Jere seconded, that the Findings of Facts for Gordon and Shirly Copeland be approved as amended.  All voted in favor.
The Board members thought they ought to approve Kim McKinnon’s Findings of Facts, also.  Jim mentioned that there was a conflict on the number of horses.  It was agreed that she had one, a pony, two rescued, and one was in foal.  There was some concern about the numbers adding up to five on the Findings.  
  • Keith moved, Jim seconded, to approve the Findings of Fact for Kim McKinnon as amended.  All voted in favor.  
 
Jere mentioned that Columbus Day falls on the 13th of October and wondered if the Board wanted to meet or postpone to the 14th.  There was some discussion about this.  Jere said that they’d had some discussion about moving a meeting if one falls on a holiday.
  • Jere motioned, Keith seconded, that the Board re-schedule the meeting scheduled for October 13th to Tuesday, October 14, 2008.  All voted in favor.   Notification will be posted at the municipal building and on the web site.
  • Keith moved, Jim seconded, that the meeting be adjourned at 9:24 p.m.  All voted in favor.      

Approval Date:  __________________


_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date




 
Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm