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Town Seal
 
Planning Board Minutes 09/08/2008
TOWN OF BUXTON PLANNING BOARD
Minutes of Monday, September 8, 2008


Recorded by Hilda Lynch

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

Board Members Absent:  Emily Walsh

Others Present:  Jeremy Harmon, David Cowan, Kathy & Ken Peasley, Gloria Steiger, Kimberly DuEst, Walter Pelkey (BH2M), Kelly Ellis, Todd Ellis

Chairman Harry Kavouksorian called the September 8, 2008, meeting of the Buxton Planning Board together at 7:06 p.m.

Public Hearing:  Kelly Ellis is requesting a Conditional Use Permit for a nursery school/day care at 24 Ellis Drive; Tax Map 2, Lot 19-2.
  • Keith motioned, David A seconded, to open the public hearing.  All voted in favor.
        Kelly spoke about opening a preschool/day care at her residence.  The site walk was held on August 18, 2008.  Harry thought that all Board members were set with what they saw there.  Harry asked if there were any abutters, neighbors or members of the general public who wished to speak.  He asked if Fred had any comments or concerns.  There were no comments made.  Harry stated that everything looked fine on the site walk.  
        Jere mentioned that the only other condition would be getting a license from DHHS.  Kelly has applied for the license.  She brought it over, and Krystal made copies of it.  Jere asked if she had talked with DHHS about the status of a neighbor and asked her if she would do that.    
  • Jere motioned, seconded by David A, to close the public hearing.  All voted in favor.
        Harry read the standard 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. (if applicable)
4. All outstanding bills paid before building permit is issued.
Additional conditions:
5. The maximum number of children would be 12.
6.  The daycare/preschool would need to be licensed by DHHS.            
7.  Should parking become an issue, additional spaces would need to be provided.
  • Motioned by Jere, seconded by Keith, 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).  Six voted in favor.
  • Motioned by Jere, seconded by David S, to approve the application with the conditions stated and from previous meetings.  All six voted in favor.
Jere asked to have a copy of the sex offender paperwork to DHHS as it regards the Kelly Ellis permit.

Public Hearing:  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.
  • Motioned by Keith, seconded by Jim, to open the public hearing.  All voted in favor.
        Mr. Cowan explained that he currently has a storage facility and is seeking permission to sell vehicles there by amending his conditional use permit.  Harry mentioned that the Board had been on a site walk on August 18, 2008.  David Savage asked about the parking on the grass of one of the vehicles, and he stated that Fred didn’t think there was any issue with that.  Fred agreed.  Mr. Cowan stated that they had adequate space on the pavement but might want to highlight a vehicle at some time.  David Anderson asked about the storage of oil and gasoline, and Harry answered that there would be no repair work done there so no oil or gas would be stored.  
        Harry asked if any abutters, neighbors, or members of the general public would like to speak, and none were present to speak.  Harry asked Fred if he had any issues, and Fred mentioned that the DEP has no problem with the application.
  • Keith motioned, Jere seconded, to close the public hearing.  All voted in favor.
Harry read the standard 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. (if applicable)
        4. All outstanding bills paid before building permit is issued.
Additional conditions:
        5. There would be a limit of 10 vehicles on the site for sale.
  • Motioned by Jere, seconded by Jim, to waive the reading of 8.2.B, 10 and 11.  All voted in favor.
  • Motioned by Jere, seconded by David S, 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.
  • Motioned by Jere, seconded by Keith, to approve the application with the conditions stated and from previous meetings.  All voted in favor.
Gloria Steiger of 33 Lord Road is seeking a conditional use permit for a kennel in order to house more than six (6) dogs in conformance with Article 11:11; Tax Map 11, Lot 18-3.
        Gloria wants to have a kennel permit to keep the dogs she currently has.  She isn’t planning to breed until her current dogs are gone.  A site walk was held on September 3, 2008.  Jere, David S, and the Animal Control Officer (ACO) Michelle Lokhuto attended the site walk.  Jere reviewed the site walk.  He asked if the ACO had any complaints, and he was told that there weren’t any.  Keith asked if she would ask Michelle for a letter.    Jere asked if there were 11 or 12 dogs, and Gloria stated that there were nine dogs.  Jere mentioned that he didn’t hear any excess noise.  Gloria said that she didn’t realize that there were any problems; but once she heard there was a problem, she bought a collar to try and stop one of her older dogs from barking.   Harry asked if the Board was ready to set a public hearing, and it was agreed that they were.
  • Keith motioned, seconded by Jim, to set a public hearing for Gloria Steiger on September 22.  All voted in favor.  
The Board asked that she have the letter requested in to the Code Enforcement Office by the 15th.
 
Discussion of site walk for Normand Berube Builders, Inc., who has 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 of BH2M represented Normand Berube Builders, Inc.  He stated that they wanted to split the original Lot 13 to create Lot 14.  The site walk was held on September 3, 2008, with Jim, Jere, David S. and Keith (later) attending.  
        David S asked about some wetlands, but everything seemed to be dried up at the time.  Harry mentioned a letter on the vernal pools assessment which indicated that there were none.  Jere said he met with Bob Libby (BH2M) at the site.  There were some questions on where the two test pits were done.  They walked along the perimeter of the southwest side, and there were some wetlands that didn’t appear on the plan he had.  Bob said there was some fill material stored on the site now, and the house was going to go where the fill was.  Jere asked for a copy of the DEP permit for the original subdivision.  He also asked if this was a full review or a minor subdivision review.  
        Keith asked about the contiguous 60,000 sq. ft. needed.  Walter said that the smallest lot was 99,000 sq. ft.  Keith asked if there would be a $300 lot fee, and Jere said there would.  Keith asked about the pile of debris and where the house was going to go.  Jere mentioned that the building lines were delineated on 13-14.  Jere asked about where the wetlands were on part of the plan.  Harry asked about the setback from the wetlands.  Keith thought it was 75 ft.  Harry also asked if they wanted to see where the house was going to be built, and Jere didn’t have an issue with that.  He feels that this is a minor line revision to create another lot and doesn’t need a full subdivision review.  The Board does not think it requires a major review.  David A and Jim were in agreement that this was a minor revision that doesn’t require that under our ordinances.  
        Jim expressed some reservations about the test pits.  He asked about additional runoff there in the area where the existing home was.  There was a depression where some water has sat across the property line.  Some obvious things like cattails were in an area which is not shown on the plan before him.  It might be appropriate to have a revisit of that.  Jim mentioned a State site evaluator and soil scientist who could check suitability which wouldn’t cost anything to the builder.  If the Board felt it was a big enough concern, he thought it might be appropriate.  David A. wasn’t on the walk so didn’t want to comment on it.  David S. said he didn’t know enough about it.  Jere asked Jim if he wanted to have that done, and Jim said that he had some reservations.  Keith thought that if Jim had some reservations, they should ask for an evaluation.  David A thought it should be shown on the plan in his opinion if there were some areas of standing water.  Jere said there was no standing water.  Jim said there was an area of concern adjacent to the existing home; and he noted several factors that indicated some wetlands existed—sediment patterns on the tree trunks, bulrushes and sedges and cattails.  If this is a lot split that requires net residential acreage, Jim thought it should be right.  He thought they might have Fred go look at the site; and if Fred thought they should, they would take it a step further.  Jere wondered if this would affect the subsurface wastewater disposal fields, and Jim said it wouldn’t if there was the presence of a wetland there alone.  There is no grandfathering of a new site.  Jim explained the design of the septic system possibly needed.  Jim was a little skeptical of the flagged areas being the areas were the test pits were.  Jere mentioned a test pit and not a boring, and Jim noted 15 and 16 inches as the limiting factor.  Jere mentioned that test pits were done on 7/30/08.  Jim mentioned that one test pit might be a soil auger boring rather than an actual test pit, which is acceptable.  It was represented on the plan and in the field as a test pit.  Jere said he would be comfortable with Fred’s expertise.  Jim asked Fred if he was comfortable looking at it.
        Fred watched this development from the beginning, and one of the concerns throughout on that whole corner was the water level and whether septic systems would operate effectively.  They took steps to preserve as much of the tree cover as possible as the trees were important in keeping the water level.  As the development has progressed, he mentioned that the conditions have changed.  He thought it would be worthwhile taking the extra step for this lot to make sure other problems weren’t created.  If there’s runoff, where is it coming from?  Jere asked about one lot in this subdivision where the septic system failed and had to be replaced.  Fred stated this was correct.  Jere stated that he felt comfortable with Fred looking at it with the possible assistance from Department of Health Engineering.  Jim mentioned a couple of State site evaluators who could look at the site for suitability of septic placement.  Jere asked if they should have Fred contact them to have them come take a look at it.  He agreed that the hydrology has changed the way the water flows.  Harry asked Fred if he would go out and look at it and then go forward if needed.  
        Jim asked about No. 12 on the plan, where he sees that no clearing shall be done on the rear portion from Lots 13-10 through 13-14 with exceptions.  There was a statement about Fred being consulted if an exception were to be made.  He asked if they ever came to him (Fred) for tree clearance.  Fred said that they hadn’t.  Jim thought this was pretty well blown out of the water by the developer back then.  They tried to agree on what “rear portion” would be.  Jim asked Fred to take note of No. 12 while he was out there.  Jere thought this was one of the conditions so the property wouldn’t be clear cut making the water an issue.  
        Harry asked if there was anything else on the plan.  Keith asked about the contiguous acreage and Jere asked about a copy of the DEP permit, wondering if any conditions were attached to that.  
        Fred understood that he would be the first reviewer; and if he felt there was concern, then he would take it further.  Jim said the people from the State would probably be pretty timely with a request from a Planning Board if they were needed.  Jere asked if they should set the public hearing and then continue it if necessary.  It was agreed that they could continue the hearing if needed.  Walter asked if they would have a choice of using the people from the State or asking Mark Hampton to go back out there.  Jim said he was skeptical of the work presented to them so thought it appropriate to go with the plan as they have previously discussed.  Keith mentioned they could send it out for review by someone else, and Jim thought that it probably wouldn’t be necessary.  The Board thought they could keep this moving along and Fred could keep BH2M informed.   Harry asked if the Board was ready to set a public hearing, and they felt they were.
  • Jere motioned, David S seconded, to set the public hearing to amend Whispering Pines Subdivision by splitting lot 13-13 located at 31 Whispering Pines Drive; Tax Map 9, Lot 13-13 for September 22.  All voted in favor.  
CEO Report:  Ordinance change proposal for cell towers.
        Fred spoke about changing the process of a wireless telecommunications tower.  They’ve gone through having to remove a tower.  He said that if they approve one now and they are allowed one year to activate it, he questions what is meant by “activated.”  This is one of his concerns.  After one year, Fred gives them a notice to activate it.  It gives them two years to have it up and running.  After two years, they must take it down if it’s not activated.  During the two years, it is being taxed and the Town receives income.  When it is taken down, the Town no longer receives income.  These towers are going to be put up at specific distances; the Town won’t be blanketed with these towers.  It is part of the Planning Board’s job to make sure this doesn’t happen.  The thing is to have them in place so that when a telecommunications company comes, the towers are ready rather than have them have to come before the Board and find the site they might want is not as desirable.  The idea is to have the Board take another look at the ordinances.  It is kind of a waste of money to have it put up and no one comes along to use it within a year or so, then having to tear it down.  The sites are usually in wide open, high spaces so they might be good sites for wind turbines whether they’re private or a commercial entity.  This is the other thing that will have to be addressed—wind turbines.  They’re exempt from the height restriction and are not restricted in any way in the Town.  He’s had a couple of requests to consider this.  If it’s a 50-feet high windmill, it would have to be set 50 feet from the property line.  These are two items that he would like to work on.  He would like to revise the communications tower section and develop a section on wind turbines.  
        Keith wanted to know why you would want to spend the money to have them done.  David A. said that they came in here in May 2007, and they had two towers that the Board felt pressured to get done quickly.  One is sitting here and nothing has been done, but Keith said that one is up and running.  David A. thinks people should step up and get things done.  Jim thinks the Board might want to look at the wind projects.  He said that some towns have had to have a moratorium in order to do the planning for these projects.  He thought it was forward thinking to start planning rather than reacting.  Keith thinks that if someone gets to the podium now, then the process would be started; and he doesn’t want to be telling them they have to wait while they come up with an ordinance.  Jim clarified that they wouldn’t even have to come before the Board right now so he thinks something should be put into place.  Fred said there would be a difference between private and commercial.  These are the things they should be thinking about.  Jere asked about antifreeze getting into the ground from a heat pump.  He thinks that aesthetics has to be considered.  He also mentioned a noise factor that he’s read about.  Keith thinks there should be an ordinance so that problems that have occurred in other towns wouldn’t occur here.  There should be a requirement for wind data although for residential it would be the cost of the person doing this.  Jere mentioned the solar panels that people put in the backyards of their homes and the conflicts between people that will occur.  For an addition to an ordinance, it would have to be done at Town meeting, Harry stated.  It was mentioned that there could be a special Town meeting.  Fred wants to keep the Board thinking of it.  Jere felt that they should start a list, and in February and March, they could work on these.  Jere feels that animal husbandry in the residential zone is an issue, too.  There was some discussion about allowing animals in the yard.

Approval of Minutes:  August 25, 2008
Hilda mentioned the numbering change where there is a blank number and that Krystal had noticed and changed the signature at the end.
  • Jere motioned, Keith seconded, to accept the minutes as amended.  Five voted in favor with one abstention (David A. wasn’t present at this meeting).
Approval of Bills:  Portland Press Herald in the amount of $36.55 for the Copeland, McKinnon and Clements’ public hearings.
David A. read the bill for the above hearings.
  • David A. motioned, Keith seconded, to approve payment of $36.55 to the Portland Press Herald for the public notices for the Copeland, McKinnon and Clements’ public hearings.
David A. brought up the review of the H.A. Mapes permit.  It is David’s recommendation that Caroline Segalla be reimbursed $20 (the equivalent of one meeting) for the extensive work she did.  He thought it would be appropriate to extend her salary for one more meeting as he thought it was a great service she did for the Board.  
  • Jere motioned, David A. seconded, to appropriate $20 to Caroline Segalla for her work on the Findings of Fact for the H.A. Mapes application.  All voted in favor.
Communications:
        ~A letter that had been forwarded to the school superintendent from Kelly Weymouth and the response from Gloria Lavallee stating that these complaints have been addressed with the Superintendent on the job and the Clerk of the Works.  Harry thought the Board had done as much as they could in this matter.
        ~Letter regarding the Freedom of Access laws – another workshop will be held in October – a second reminder and a number to call for more information.  There’s one on September 18th.
        ~A note about the comprehensive plan review from the Maine State Planning office reminding us that the plan must be kicked into gear and that there is a deadline of September 20th.  All plans submitted after that date will be reviewed under a new rule.  Jim believes the Selectmen need to continue to work on getting some people for this.  Jere made a pitch to the public to contact the Selectmen if interested in this work.
        ~A note from the American Planning Assn. to submit basic info, their website and an invitation to pay $50 for their magazine.
        ~A copy of a newsletter called “A Letter From Cheryl” which is available for review.
        
Other Business:
  • Review and sign Findings of Facts for the following:
        Ellis & Cowan
  • Sign the Planning Board Bylaws  
Keith and Jere found another correction needing to be made on 7.4.  Scratch “Monday” and put “Date.”  Jere reminded everyone that the October meeting would take place on October 14, Tuesday, instead of Monday.
  • Keith motioned, seconded by Jere, to accept the Planning Board By-laws as amended.  All voted in favor.
        Harry asked Jere about the wetlands mapping.  Jere thought that a workshop might be needed.  Jim thought that maybe J.T. Lockman at the SMRPC or Rich Baker, the shore land zoning coordinator of the DEP, could be asked for help.  Jim said that there are written guidelines out there.  Jere suggested having the written information provided for them to do a workshop, which they could try and get through first.  They thought Caroline Segalla should be contacted to see if she’s interested since she has expertise in this area.  Jere asked David A if he’d heard anything from SMRPC regarding the zoning map.  David will follow up this week.  Jere asked to have Krystal contact Caroline.  There was some discussion about the payment of Caroline, and they thought that they should talk with the Selectmen about this.  Keith thought that they could hire.  David A mentioned that they do have consulting fees built into the budget.  Jere mentioned the almost $8,000 that has been budgeted for the shoreland zoning maps and if a portion of that money goes to a former Planning Board member who specializes in that field, it might end up costing them less in the long run.  Jim thought they might find a resident like Caroline who would have a stake in this because of their residency in the Town.  Maybe Krystal could also contact J.T. Lockman about coming to a workshop with the Board.  Maybe Caroline would be willing to come in one time to get them going in the right direction, and maybe Krystal can start getting things out to the Board members.  It was the feeling of the Board that they could use some guidance.
        Jere talked about all of the changes that will have to be made.  Wildlife habitats might require overlays on the mapping.  Jim provided some explanation about wetlands and setbacks and believes the DEP is intending to have Towns align with this.  It is part of a revision to the maps, and then the public may need to be involved in how things will affect their land.  Krystal could find out the availability of Caroline and J.T. and also draft a letter seeking proposals for shoreland review by the Town.  The first thing to do would be to draft a letter, which the Board would look at.  Jere would still like to have Caroline and J.T. Lockman contacted for their availability.  Harry clarified that the funds budgeted are for the whole process.  Harry thought the workshop might be based on the availability of people.  
        Jere asked about sending the Selectmen a letter regarding keeping the air conditioning at 4:30 p.m. before the next meeting.
        Jere asked about the Blueberry Ridge subdivision.  Krystal has plans that Gorham has looked at, and there is a major road revision, Keith stated.  Jere mentioned that it is located on Churchill and Webster Roads.  About three-quarters of the subdivision is in Gorham and part is in Buxton (20 homes in Gorham and 6 in Buxton).  The access is from Buxton.  The Board will be meeting with Gorham on this.  
  • David A. motioned, seconded by Jere, to adjourn the meeting at 8:34 p.m.  All voted in favor.
Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman                       Signature Date


 
Town of Buxton
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