TOWN OF BUXTON PLANNING BOARD
December 8, 2008
Recorded by Hilda Lynch
Board Members Present: David Savage, Sr.; Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; James Logan; and David Anderson
Board Members Absent: Emily Walsh
Others Present: Bill Thompson, Patsy Thompson Leavitt, Fred Farnham
Chairman Harry Kavouksorian called the December 8, 2008, meeting of the Buxton Planning Board together at 7:02 p.m.
Normand Berube Builders, Inc., proposal for a proposed 8-lot subdivision on Paucek Road; Tax Map 8, Lot 40A.
Keith asked Harry if he should sit out in the audience for this one as his parents’ property abuts this development, and Keith’s house sits on their land. He said he would sit out in the audience because he had some things that needed to be straightened out.
Harry motioned, seconded by Jere, that Keith recused himself from the deliberations about this property. All voted in favor.
Bill Thompson of BH2M spoke representing Normand Berube Builders about the property where they’re planning to build an 8-lot cluster subdivision. The most recent use was for a kennel on the property. They’re proposing 8 lots on the 24 acres and have about 13 acres of open space. The property encompasses two zones, village (from Rt. 22 about 1,000 ft. back) and in back, the rural zone. The ordinance allows the taking of the zone line and going 50 ft. in one direction or the other. They’ve taken the zone line1050 ft. from Rt. 22. Taking the parcel with the two zones to do a cluster subdivision, each zone has different lot sizes so different requirements. They’ve tried to hold the existing road. They’ll remove much of what is
there – a mobile home, another mobile home and the kennel. They’ll go up through the existing road, have 8 lots there, and a hammerhead turnaround. There may be some changes, such as, moving one of the lots. They’ve taken out the proper deductions to support the number of lots. The existing design doesn’t impact the stream that is on the property. He’ll be able to get a permit to extend the two culverts to extend the gravel road to accommodate more traffic. The gravel road is of pretty good quality. Harry asked if this was a Town road at this time, and Bill doesn’t think it is. Each lot would have its own individual well and septic. There is overhead power up to where the kennel was. They’d like to keep the overhead power and put it underground from there. They’re a little less than a 90 degree angle there and the ordinance allows up to 60 degrees. The entrance would stay on Rt. 22. They’ve done a
complete boundary survey and know there are 24.10 acres of land. They’ve done a topographic survey, wetlands have been mapped and a high intensity soil survey has been done. They’ve calculated the two zones together to determine the number of lots there could be. They’ve done a number of tests to determine what they could do with the property. He’s here tonight to introduce the project. He’s asking the Board to consider a site walk before there’s a lot of snow. It is fairly level and open fields in the back.
Jere assumed there was going to be test pits on each lot. Is he proposing a hydrant or sprinkle system? Bill says they haven’t thought about that yet. The industry seems to be leaning towards sprinkler systems on homes. Will it be a Town road so brought up to Town standards, Jere asked. Will they submit a name to the Selectmen for approval. Bill said they would. He mentioned that they’re responsible for Articles ll.6A. through 11.6.C.7 plus the subdivision ordinances. Harry mentioned the Homeowner’s Assn. responsibility.
Harry asked about test pits for each lot. Bill said they haven’t done them yet. Jim stated that he hoped they’d have it flagged when they went for a site walk. Jim asked if the Board could see the submitted information to see how they developed their calculations. Bill said he would submit them for the next submission. Bill just wanted to introduce it tonight. Jim mentioned that it might be good to have the information before the site walk. Jim mentioned that he was looking at five foot contours and Lot 1 has a lot of pitch on it and a swale. Bill said they are planning to move that lot elsewhere. Lot 1 will likely go in the back. Is there any plan for a future right of way to the Emery property? A piece
was mentioned where David A says there is a septic system.
David A asked about them moving Lot 1. Will that change the density significantly? Bill said it wouldn’t as the back lots are nearly two-acre lots, which he will be moving somewhat forward. Bill said there will still be 8 lots, which the land will support. David A has different calculations. How does this work with slope less 50 percent PD and SPD? The ordinance dictates what has to come out of the acreage. There would be a subtraction for the roadway, poorly drained and somewhat poorly drained area, and steep slopes as well – 33 percent. Jim thinks the Town might want to consider 25 percent for slopes in the future. David A needed some things clarified. Jim asked why they were striving for 40,000 sq. ft.
lots—to make the open space portion bigger. Bill said that the builder thinks that has worked well in the past. Jim thinks the lots are at a bare bones minimum. He’d like to see them just a little bit bigger for wells and septics.
Harry stated that they need to see the revised plan, the test pits on the lots themselves, the soil survey, the wetlands report/vernal pool question because of a couple of closed depressions. Harry asked if it would be subject to DEP approval. If there was a significant vernal pool, it would be pertinent to the subdivision, Jim stated. Harry asked what the feeling is of the Board about setting a site walk.
Keith asked to speak as a member of the public. Harry stated that it was not a public hearing but eventually allowed it as Keith stated that members of the public had been allowed before. Keith says the main thing he has to lay out is the village zone. From the corner of Kennie’s and his father’s lot, the village zone goes straight back. It doesn’t go up on an angle. There are a couple of septic systems near the back of the piece they’re planning to build on. The owners of the land abutting the back of the proposed subdivision are not the ones listed on the map. Keith showed Bill where the zones were on the map. It comes down 1450 ft. and goes straight back. He mentioned the zone change being in the 1995 Town Report. The Emery and Marshall lots’ septics he pointed out. Jere asked if they wanted to see the septics on the Smiths’ house, and Harry thought they did. Jim asked about the nearest lot line being over 100 ft. and questioned the need to see where the
septics were located. Keith believes they need to show the village line on the plan. Jim doesn’t think they need to show the septics on other land that they don’t need to see. Jim spoke about the net calculations. Jim doesn’t believe they need to see the septics on the other lots. David A mentioned it only because he knew they were there. Keith mentioned a typo on the plan. Jim clarified the setbacks for the subdivision. Jere asked about the clarification of lot lines. Fred and Keith stated it was distances. Jere asked Bill to verify it. Bill says it is critical to their density. David A asked about a small lot, which Keith said belongs to his mother and father. Jere asked Bill if he’s clear on the line of the zoning. The distance of the corner of 202 to 22 is a question. David A asked where the 1450 ft. was? Jim showed him where he thought it was asserted that it was. Bill has not
been privy to where that is yet. Jim asked what the feeling was of the site walk now. Jim says he feels it would be best to see each lot specifically. David A mentions that there might be moderate snow on Friday night. The next meeting is not until Jan. 12, it was determined.
Bill says that they walked the Blueberry Ridge subdivision with a similar amount of work done. Jim’s only concern was that any one of the building sites changing markedly causes him to hesitate about doing a site walk now.
Keith mentions the driveways off the hammerhead if the lots are repositioned. Jere said that if people aren’t going to be allowed to have access off hammerheads, then they would have to force people to have cul-de-sacs for plowing purposes. Fred asked about the driveway coming off the side of the end of the hammerhead. The driveway would have to come off somewhere in the radius of the curve for Lot 7 if the lots are configured that way, Jere stated.
Harry mentioned that if the plan were going to be substantially changed, they wouldn’t see the same thing going out on the site walk. Bill doesn’t see any major changes. The only thing that could change are lot lines. He believes the soil density report will support the number of lots they want to build. Jere agrees with Bill. Bill plans to move Lot 1. He would drag the back lot frontages back in order to get another lot in there. That’s the only change he proposes at this time. Everything in the front will remain as is. He respects that the Board needs to see a little more information. He doesn’t want to run the risk of losing three or four months. Jim says they’ve never postponed site walks in the
winter. Jim thinks they could schedule it if the building lots will remain the same. Jere asked how soon he could have the new lot plan. Bill says he has it in the computer now and just has to print it. He didn’t want to confuse things tonight. Bill thinks the village line might be his biggest problem. Jere asked if the 21st would give him enough time to gather the information for Krystal. The cutoff date would be the 17th to have the information submitted to the Code Enforcement Office. If they could get the information before the site walk in order to review it, it would be possible. What is needed will be the zoning line, distance from the corner line to Rt.22, copy of high intensity soil survey, test pits on each of the lots, updated plan showing Lot 1 being moved, and a vernal pools statement.
Jere motioned, Jim seconded, that once they’ve been provided adequate information they’ve requested that they hold a site walk for Normand Berube Builders, Tax Map 8, Lot 40A, on Sunday, December 21st, at 8 a.m. If the information is not available by the previous Wed. (the 17th), the site walk will be cancelled. Three in favor, David S and David A opposed.
David A clarified some names for Bill (Babbie Kennie and Wilkerson).
Discussion from site walk for Patricia Leavitt of Access Health, Inc. is requesting to relocate the existing Leavitt’s Mill Free Health Center to 63 Main Street; Tax Map 12, Lot 22.
Patricia Leavitt came to speak about the move. David S and Harry went to the site walk, David A and Jere went on their own, and the others had been there for the Can Do Driving School.
David S said that parking, signage and handicapped access were the three issues. He thought all seemed to be addressed. Jere agreed. He mentioned the handicapped entrance is being constructed. Harry asked if there were any questions. David A mentioned that her hours would be different from others using the parking spaces.
Patricia mentioned that if anyone goes by at night and notices that they would need some additional lighting there, she will be speaking with the landlord. She mentioned there are probably specifications in terms of external lights. They will need some additional lighting for patients on the ramp. They’ll make sure this is in order. David S mentioned the signage being put in existing space. David A thinks a public hearing should be scheduled.
David A motioned, Keith seconded, that they set a public hearing for the Leavitt’s Mill Health Center for January 12 on Tax Map 12, Lot 22. All voted in favor.
Patricia asked if she needed to provide anything. Harry said that everything appeared to be complete. The abutters would be notified, and the hearing would be held.
Fred wanted to mention that on the highways people would be seeing that CMP has crews out trimming their power lines. They’re also clearing the lines from poles to houses in some areas. He mentioned that CMP has an easement to be allowed to do this. They’re trying to protect their lines. It can be unsettling to some folk – people being on their property or taking trees that people don’t think should be taken.
Jere asked about trees in the Town’s right of way. Can they be cut at any time? Fred agreed. The same applies to the road crews; people need to not encroach on the Town’s right of way. The physical right of way could be up to 66 ft. wide, Jere clarified, which could mean greater footage than many people realize. Jere gave an example on his road. People can’t set barricades out in the right of way to slow traffic down, Keith stated. Jere mentioned that mailboxes are generally in the Town’s right of way.
Fred put a little reminder in the Buxton newsletter, which he now understands isn’t being sent to each residence. Hopefully, everyone has raked up their leaves. They shouldn’t be left in the ditches which could clog culverts and cause washouts. Make sure oil tanks are properly protected and on a solid foundation. There was a situation a couple of weeks ago where 500 gals. of fuel was lost. Jere mentioned a shield that is available to go over the filter. Sometimes, ice will shear off the filter. The concern is particularly if the oil tank is on the side where the water runs off the roof. It should be moved far enough away from the building so that it won’t have snow on it. Make sure house numbers are posted and visible
from the road, so emergency vehicles can easily find the house. There should be a 4 x 4 out by the road with the lot number on it to help the Fire Dept. if the driveway is long, Keith mentioned. House numbers should be large enough and of a contrasting color, Fred stated.
Inside, people should check smoke and carbon monoxide detectors. There was a lot of snow last year, and people forgot to clear out a door. People need to be able to get out of the house and allow people to get in if needed. Keep an access path cleared for fuel oil, access vents and fills– make sure they can breathe. Clear the area so people can get to the fuel tank.
Mailboxes – they should be about 45” high and 5 ft. back from the edge of the tar. Fred mentioned that some people put them on a chain which can be adjusted. Make sure there are reflective numbers to help the snowplow people see them. Keith mentioned steel pipes, granite posts, etc. are illegal, and people could be sued if they are hit.
Wood ashes should only be put in metal covered containers – not on a wooden surface until cooled. Fred gave just a reminder of a few things to deal with winter.
Approval of Minutes:
November 24, 2008 – Motioned by Jere, seconded by Keith, to accept the minutes as written. All voted in favor.
Workshop of 11/17/08 – Krystal – Change sentence marked to: Since the original guidelines sent by the State were not correct, the new deadline has been extended to July, 2009.
Page 2, 3rd paragraph - Any open wetland with more than 10 acres gets 250 ft. resource protection. There was a question about the diameter of the trees that needs clarification.
The Board agreed to set the notes aside for now.
Approval of Bills:
There are two bills from SMRPC – for the presentation on the 17th for the time and mileage for $197.82 and $928.60 for the work on the mapping. Both have been accounted for in the budget in respect to the zoning as approved by the taxpayers.
Keith motioned, Jim seconded, to pay SMRPC $197.82 in relation to shoreland zoning maps. All voted in favor.
David A motioned, Keith seconded, to pay SMRPC $928.60 for the zoning mapping that has been done. All voted in favor.
As an update, SMRPC has completed a number of maps in the area but are not finished with Buxton’s. They’re nearing completion and should be out shortly. He believes we already have the aerial photography. Jere asked if we have the means to do this. David A believes Krystal is working on it. Jere wondered if it could be announced once it is ready. Can it be reviewed from home? David A says that he believes that is something Krystal is working on. He’ll let everyone know as soon as he does.
Findings for Jeanette Dodge
Some discussion was held about the intent of fencing on the Findings of Fact.
Keith motioned, seconded by Jere, to accept the Findings of Fact as amended. Condition 6. A fence around the play area – eliminate any reference to the pond. All voted in favor.
Zoning map – road maps have been added/changed. Harry asked Board members to review the map.
Discussion of proposed ordinance changes:
Harry mentioned that they’ve been provided with more information about ordinance changes. Harry said that they should continue reviewing ordinances for the changes they’d like to see and present their lists to go over after the first of the year.
David S mentioned a 90-page document from the Governor’s Task Force Krystal gave him. It goes through a variety of things that don’t affect the Board. He went through and picked out what he thought applied to the Board. He passed out copies to the Board members. David S said that Krystal would provide the full report to any Board members who were interested. There is info about the economic impact on the State, maps of areas, etc. The State of Maine has the best wind potential of all of the New England States, David S mentioned – the majority of that is off shore. There are two types of towers – the cylindrical towers may not have the noise and backlight scattering problems. He thinks they might want to
find out more information about the two types as the report only talks about the propeller type. There was some discussion about the cylindrical type – like a roof turbine stretched out over a cylinder. It is not as wind directional as the propeller type. He’s trying to find out more information. Jim mentioned that any wind project that would be similar to what is in the report would be a completely different kind of a project than a residential one. The Board members would have some kind of umbrella review for very large projects. They would do well to consider what individual homeowners would be doing. There are three different types of projects, David S mentions. He thinks they’ll read more about this in the handout he’s provided the Board members.
Motioned by Jim, seconded by Keith, to adjourn the meeting at 8:18 p.m. All voted in favor.