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Town Seal
 
Planning Board Minutes 10/27/2008
Town of Buxton Planning Board
        Tuesday, October 27, 2008 at 7 pm

Recorded by Hilda Lynch

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

Board Members Absent:  James Logan, Emily Walsh  

Others Present:  Michael D. Goulet, Jerice A. Goulet, Brian C. Warnock, Deborah Cote, Jeanette Dodge, and Dana Dodge

Chairman Harry Kavouksorian called the October 27, 2008, meeting of the Buxton Planning Board to order at 7 p.m.

Jeanette Dodge of 534 Parker Farm Road has submitted an application for a Conditional Use Permit to allow her to open an in home daycare; Tax Map 2, Lot 54D.
  • Keith motioned, David A. seconded, to open the public hearing, all voted in favor.
        Jeanette spoke about her interest in opening a day care for up to 12 children.  Keith asked about the State license.  Jeanette says she is pursuing that.  David A. asked if the Board ever was informed about what would happen with the pond.  Jeanette says they’re planning to put up a fence.  
Harry asked if Fred, any abutters, or members of the general public had any questions or concerns.  None were presented.  Keith mentioned that they have room to expand their parking if they should have more children than expected.
  • Keith motioned, Jere seconded, to close the public hearing.
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.
  • Keith motioned, David S seconded, to waive the reading of 8.2.B. and 10.  Five voted in favor.
3. That the applicant be in compliance with all applicable provisions of
Section 11. (if applicable)
  • 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).  Five voted in favor.
Additional conditions:
4.   All outstanding bills paid before building permit is issued.
5.   A limit of 12 children.
  • A fence around the pond.
  • A letter from the Fire Marshall.
  • A license from DHHS.
There was some discussion about a fence around the pond or in the play area.  Jeanette stated they were planning to fence in the play area.  Keith and David A. agreed that having the play area fenced in would suffice.  David A. mentioned that she might want to consider fencing in the pond so if a child were unattended for a short period of time that they wouldn’t fall into the pond.
  • Motioned by Keith, seconded by David A., to approve the application with the conditions stated and from previous meetings.  Five voted in favor.
Jerice Goulet of 40 Whispering Pines has submitted an application for a Conditional Use Permit to allow her to open an in home daycare; Tax Map 9, Lot 13-11.
  • Keith motioned, David A seconded, to open the public hearing.  Five voted in favor.
        Jerice spoke about her interest in opening an in home day care.  The area where children would play would be in the backyard.  She thinks everything was covered on the site walk.  
A site walk was held on September 27, 2008.  Harry asked the Board members if they had any questions or concerns.  He asked if Fred had any concerns, and he didn’t.  
Brian Warnock, an abutter, spoke about the impact of property values with an in home day care in the development.  He says he thinks it would narrow the perspective buyers if a daycare were to be at the end of their dead-end street.  He wasn’t able to get numbers from realtors he’d contacted prior to the meeting although he said that they did say it could affect their property values unless a person wanted to have a day care close by.  David A asked if he lived next door with the woods in between, and Brian said he did.  He referred to his home as his retirement.  Jerice said that she doesn’t know how to answer that.  Harry said that the discussions they’ve had with SMRPC is that the intent of this part of the ordinance is for an entire neighborhood being affected by a business.  Without any hard evidence to prove this, they would not be able to consider this.  Jere stated that they’d have to have a study to prove the statement about property values.  David S asked if there were to be any signs.  Jerice said that she would have a sign only at the end of the driveway that would be conducive to the area.  Jere and Harry said they understood Mr. Warnock’s concerns and commented on the state of the economy.  Harry asked if Mr. Warnock or any other members of the public had any further questions.  None were forthcoming.
  • Keith motioned, Jere seconded, to close the public hearing.  
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)
        Keith motioned, David A seconded, to waive the reading of 8.2.B. and 10.  Keith amended, David A seconded, to include Section 11 (if applicable).  All voted in favor.  Keith mentioned to the public that they had the articles in front of them with the applicant’s answers.
  • Motioned by Keith, 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).  Five voted in favor.  
Additional Conditions:
        4. All outstanding bills paid before building permit is issued.
        5. Letter from the Fire Marshall.
        6. A limit of 12 children.
        7. A license from DHHS.
  • Motioned by Jere, seconded by David A, to approve the application with the conditions stated and from previous meetings.  Five voted in favor.
Deborah Cote has submitted an application for a Conditional Use Permit to allow two (2) horses at 237 Cemetery Road to bring her in conformance with Article 11.3; Tax Map 2, Lot 45 (2).
  • Keith motioned, David A seconded, to open the public hearing.  Five voted in favor.
Deborah said she is here to get a permit to have her horses at her home on the Cemetery Rd.  The Board held a site walk in September 27, 2008.  David S. spoke about the distances on the plan he received in the mail this week.  He wanted to know about the house across the road; he calculated 289.5 ft. to the edge of the property.  Deborah said she spoke with Krystal who said she would measure the distances for her from the road as Deborah did not go on their property.  Harry said the figures don’t add up to the 300 ft. Deborah was looking for.  David S. asked if there was a setback from the road to the well.  Deborah mentioned that they have a lawn ornament that looks like a well, but this is not where the well is.  Jere believes the well would be at least 10.5 ft. from the road and did a calculation in which he believes that she would have sufficient footage.  Cemetery Rd has a 66 ft. right of way, Fred stated.  The Board members agreed that she has sufficient footage.  A couple of Board members mentioned that she could move the manure pile back 5 – 20 ft. if she needed to make an adjustment.  Harry asked Fred if he had any concerns.  He also asked for abutters or members of the general public.  None were forthcoming.
  • Keith motioned, seconded by Harry, to close the public hearing.  Five 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)
  • Keith motioned to waive the reading of Article 8.2.B. and 10 and applicable parts of Section 11.  Five 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).  Five voted in favor.
Additional conditions:
        4. All outstanding bills paid before building permit is issued.
        5. Maximum of two horses.
  • Motioned by Keith, seconded by David S, to approve the application with the conditions stated from this and previous meetings.  Five voted in favor.
Discussion of site walk Barbara Pretorius has submitted an application for animal husbandry to house three horses at 38 Wescott Circle. Tax Map 7, Lot 64-8.
        Barbara Pretorius has withdrawn her application.  Jere asked Fred what happened with this.  Fred stated he was invited out to take a look at the setbacks to the well.  He checked the first well, and it was 230 ft.  He determined where the property lines were, so they walked down through the woods where she thought the pin was.  They didn’t know at the time that this was the corner.  A line had been cut for an electric fence for Ben Meservey’s property.  Fred measured further, and there was a pipe at 98 ft.  They measured across her property, and they didn’t find anything.  To make sure, they walked to the next neighbor another 250 ft.  They measured back and found the other corner.  When she learned that, she had reservations about having enough pasturage.  Jere said they couldn’t find one of the pins.  Fred said they found three of the four.  They verified from the distances where the fourth pin was.  Jere thanked Fred for going out and spending the time on this.

CEO Report: - No report.

Approval of Minutes:  October 14, 2008
  • Keith motioned, David S seconded, to accept the minutes of Tuesday, October 14th as written.  Five voted in favor.
Communications:
        Jere mentioned that he received a letter from the treasurer in regard to fiscal carryovers.  He has no issues with the way the accounting has been done.
        David brought the public up to date regarding the requirement of the State to have zoning mapping done.  Monies have been carried over from 2008 to 2009, along with $7000 that was appropriated at Town meeting last June.  This will take care of all of the mapping that is required to be done and bring the Town into compliance.  Jere reviewed that the monies would cover the existing zoning map (which has significant differences over the last ten years), new aerial photography of the entire Town of Buxton, and the overlays in color for the shoreland zoning.  Jere thought that people might be able to get copies if they wanted to have aerial copies of their property.  David A concurred although he wasn’t sure of the exactness of parcel by parcel.  He mentioned that it would be available electronically.  David A talked about how they’ve had to incorporate dollars from 2008 and 2009 and felt that the Town would be in great shape.  Harry mentioned that this would be helpful for the comprehensive planning.   David A mentioned “hats off” to Caroline Segala regarding the shore land that she took hold of.  She got two maps for the price of 1¼.  
        Jere mentioned that there would be a workshop on the shoreland zoning ordinance on November 17 at 6 p.m. here at Town Hall.  They will be starting the process of revising the shoreland zone to meet the new requirements of the State.

Approval of Bills:
        David A suggested that the Board approve funds of $29.58 for the Gloria Steiger notice.
  • Keith motioned, Jere seconded, to pay the Portland Press Herald $29.58 in regard to the Gloria Steiger application.  
 
Other Business:  
Discuss the joint meeting with the Town of Gorham’s Planning Board on October 20th for the Blueberry Ridge subdivision located off Church Hill and Webster Road; Tax Map 7, Lot 30.
Harry was unable to attend, but he asked Jere to give a brief summation.  Jere said that they briefly went over the procedures.  Gorham has quite different procedures from ours, and they have professional staff and plan reviewers.  They talked about whether to continue to have joint meetings or to go their separate ways until the end of the process.  They’re not required to have a public hearing but Buxton is.  Gorham gives preliminary approval to an application, and the applicant goes to the DEP who grants the appropriate permit and then it goes back to Gorham for approval whereas Buxton usually makes this a condition of approval.  
Where this subdivision straddles the two towns, Board members are concerned about fire protection (buildings will be sprinkled so no tanks), public works (who’s responsible for what roads) – the Gorham roads are only accessible from Buxton.  One of the roads runs right down the boundary of the Towns.  There were issues about plowing.  The other issue was school buses.  Gorham school buses accessing Gorham children through Buxton were discussed.  There are some other instances where this happens.  There were some legal things they wanted to see on paper from public works, fire and police departments, and the school departments.  Keith thinks the fire and police will fall under the mutual aid agreement.  Keith thought there would be another joint meeting or two prior to any conditions.  David S said they would have the engineering firm here for a public hearing.  Jere felt we would go through the normal process; and upon final approval, they would make it a condition that they have a meeting with Gorham and that Gorham approves.  They would then have one more meeting at Gorham to vote to find the applicant in compliance.  Harry said they’d only be voting on the lots that are in Buxton (8 lots).  Only a couple of existing Planning Board members have been on a site walk.  The Board would meet with the applicant on November 10 to schedule a site walk.  
Jere thinks Gorham is almost in the preliminary approval stage.  David A mentioned that this is the third revision of their plan.  It was two years ago next month that he went on a site walk, and he believes there have been significant changes.  Jere reviewed what he thought should be done as far as the process was concerned.  Jere thought that they might make it a condition that the Gorham Planning Board approves.  The Gorham Planning Board wasn’t planning to look at it until December as they have only one meeting a month whereas Buxton has two meetings in November and one in December.  Harry clarified the applicant’s responsibility regarding fire protection, school buses, etc.  Keith mentioned working on the Line Rd today and having buses from both school departments coming through.  
David S says another issue would be that the road comes in from the Church Hill Rd which is all Buxton.  The Dept. of Inland Fisheries and Wildlife will have to approve the 90 degree culverts going under those roads.  Gorham and Buxton have different requirements for the widths of their roads.  On the Gorham side, Jere thinks there is a pretty sensitive piece of property so they might not get the necessary permits.  Gorham waits for the permits from DEP to come through.  Jere thinks it could be sometime in the spring before approval.  
David S wondered why Gorham asked the engineers to come back with another set of plans.  Jere said that a plan of a conventional subdivision had to be done according to their ordinance, which hadn’t been done yet.  He mentioned the impact of a cluster vs. a conventional subdivision.  He says they’d have to get the information on soil types because Buxton’s density is based on soils.  Jere says he has only a small map.  The larger map was two and a half years old.  Gorham asked to be on tonight’s agenda, but there wouldn’t have been time to get the information in.  
David A asked about open space and the stewardship, “ownership” and taxpayer liabilities.  For example, for Captain’s Way, the Board put aside 21.7 acres as open space in the approval of this cluster subdivision.  It has come to his attention that the land is posted.  It has come to his attention, also, through the tax collector that this 21.7 acres is in lien right now and still owned by Royal River developers.  People in the subdivision are not aware that they have any connection to any open land.  They were not told about it.  There is another issue in Town where some open space has remained in the name of someone and is now under foreclosure for nonpayment of taxes.  The people whose name is still listed as owners have gone in and clear cut the land and still have not paid taxes.  His point is that when a subdivision is approved with open land, is that part of the Findings?  Does the Board have the authority to make that open land part of a requirement for an association?  The folks at Captain’s Way own that open land, and they should be paying taxes on it from an association fee.  David S believes that the association should be paying that.  Keith said they’re supposed to have an association.  David A says that if realtors don’t tell them this, who lets them know this.  These nine homeowners have this open land that they know nothing about.  Jere mentioned that part of that land was broken out and sold to an abutting landowner and is now private property.  David A mentioned that it is posted where it should be open land.  He’s using this as an example.  He wants to clarify that if the Board is putting this in the Findings and making some kind of requirements thereafter, that there be an association.  He’s afraid there will be open space out there for which taxes are never collected.  Jere asked if Captain’s Way was a cluster subdivision.  Jere thought they needed copies of the plan to look at it.  Harry asked if it would be appropriate to require an association agreement.  Keith and Jere stated that it is in the ordinance.  Jere stated that if it’s owned by the association, no one can do anything with it, why would it be taxed separately as a lot.  Keith thought the acreage should be divided up into 9 lots.  Jere said he would assume that a portion of the open space would be taxed with each property.  David A mentioned that there is a development like that in the Town.  Jere doesn’t understand why taxes are being collected on a property that has no value.  
The second part of David A’s issue is:  what did the Board do in the past regarding an open land trust?  Does that bring open lands under Town stewardship?  Jere said there is no Town land trust.  Jere said he had meetings for two years.  They’re still recognized as a 501C corporation, and there is still a Board of Directors.  There didn’t seem to be a large interest in Town.  
David A stated that if taxes don’t get paid on this property, it would be foreclosed on by the Town.  They couldn’t take it and sell it.  Jere said it would just go into the coffers and off the tax rolls.  David A says they’re counting on those taxes when preparing a budget.  We all end up paying for it in the long run.  Jere says he doesn’t think the land would be worth very much.  David A believes that this 21 acre lot is generating about $800 or $1600 for the year in taxes.  Jere believes that if it’s owned by all of the members of the subdivision that they should be paying a portion of the taxes.  David S says that they’re supposed to have an association.  Jere says that this is something they should be addressing.  Jere says that if it’s a condition of approval, then they could have them come back in and hammer it out.  David A doesn’t mean to pick on these particular folks, but this is one example.  Jere stated that the Town has limited liability if they receive the ownership.  If the land trust owned the property, they would have to have a liability policy for that property.  He mentioned the establishment of a stewardship fund to police the land across from Pleasant Point Park.  David A believes it clarifies what he was questioning.  It goes way beyond the Board.  It has to be discussed by the developers and realtors.  Krystal will send the Board members the Findings of Fact and map of Captain’s Way so they could look at this to see if they’re in compliance.  
David A. got thinking about this due to the way Gorham handles open space.  Royal River might still be responsible for the tax liability.  Jere referred to a section of the ordinance.  His question for the assessor and the Board of Selectmen is if these are dedicated spaces that no one could do anything on, they should be of little value and not be on the tax rolls to begin with, or the abutting lots in the subdivision need to be assessed a higher value to account for the open space.   Keith gave an example of 10 homes in a cluster subdivision, each sharing in 1/10 of the open space, which would make their property more valuable.  David S. says that’s how it’s written in the book.  Jere says that sometimes associations fall apart.  Harry mentioned that the developer would be responsible for the unsold lots.  Jere says the association takes over when all of the units have been sold.  Royal River would continue to pay taxes on the acreage if they own it.  Then they couldn’t call it cluster housing.  Fred thought that Captain’s Way is a cluster.  David A. feels they should be more diligent on this.    
Keith mentioned with all of these animals they’ve been seeing – he thinks the acreage for  horses or large animals should be a minimum of two.  Jere mentioned that they should look at this when considering ordinance changes.  Keith believes they have to look at neighbors’ wells.  David S. says they might also look at the distance to the owner’s well. Jere requested that you, Krystal, put the Blueberry Hill Subdivision on the agenda for 11/10.  Harry asked to have ordinance changes:  Kennels and Windmills – per your note to him on the agenda.

Sign Findings for the following:
        Katherine Cady
        Whispering Pines Subdivision
        Gloria Steiger – p. 4, article 33, doesn’t belong in the Findings (already changed on Harry’s copy)  Krystal – will update and make copies for the Board members of the above Findings of Fact for the next meeting.
Review findings for the following:  Board approves the drafts as noted below
Jeanette Dodge – look at the minutes of this evening to add additional conditions.  Change Flewelling to Dodge
        Jerice Goulet – same as above
Deborah Cote – looks okay.  David S. mentioned getting a letter from the North Buxton Cemetery Assn. saying they had no objections.
                        
  • Motioned by Keith, seconded by David A, to adjourn at 8:29 p.m.  Five voted in favor.  

Approval Date:  __________________

_________________________________                 Date signed:  _______________
Harry Kavouksorian


 
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