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Town Seal
Planning Board Minutes 10/12/2009
October 12, 2009

Recorded by Hilda Lynch

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

Board Members Absent:  Keith Emery, Caroline Segalla, and David Anderson

Others Present:  Eric Pooler, Shanna Bartash, Rick Emery, Fred Farnham     

Chairman Harry Kavouksorian called the October 12, 2009, meeting of the Buxton Planning Board together at 7:01 p.m.

Pledge of Allegiance

Discussion of site walk for Rick & Chad Emery of 51 Mill Road who are requesting a minor subdivision amendment to Waterman Mill Estates Subdivision on Tax Map 3, Lot 24.
        Rick addressed the Planning Board.  He said they have moved the right of way onto Chad’s lot, giving Rick the right of way over his property.  They re-wrote the land access easement in order to meet the setback for the corner of his house.
        Harry spoke about the site walk held on October 5, 2009, for Rick and Chad Emery.  The Board members were all set with what has been done.  
  • Motioned by Jere, seconded by David S, to set a public hearing for the above on October 26, 2009, at 7 p.m.  Four voted in favor.

Discussion of site walk for Daniel Daigle who has submitted an application to amend the Shirley May Roberts Subdivision by adding an additional lot at 97 Henry Hill Road; Tax Map 3, Lot 34-3-2.
        A site walk was held for the above proposal on October 5, 2009.  There was some discussion about Jim’s firm doing the soils work for this property.  Due to this, he would prefer to step down.  Jim thought he could step down at the next meeting in order to have a quorum this evening.  Jere asked Jim if he would be receiving a financial benefit which would be a conflict of interest.  Jim thought that by virtue of his firm being involved, it could be considered a conflict.  He didn’t do the work specifically, but his firm did.  He would prevail upon the Board to allow him to sit upon this discussion.  He would step down at the next meeting when the discussion would be held.  Board members were in agreement with this plan.  Jim would refrain from any comment this evening on the site walk.
        Eric Pooler spoke for Daniel Daigle who could not be present this evening.  He mentioned the site walk being held last Monday.  They are trying to get an amendment to the subdivision in order to create another lot.  The lot was created in a sale to Dan Daigle a few years ago.  No one knew that it would need subdivision review.  Dan’s trying to sell it to Eric in order for him to build a house.  
        David S asked if they had gotten a copy of the letter from the Town attorney.  Harry contacted the Town’s attorney after the last meeting, and he thought they should have received a copy of his response.  Eric hadn’t seen it.  The attorney says that the person creating the fifth lot would be responsible to put in a fire tank.  Since Dan Daigle didn’t create five lots, Harry sent a follow up question but hasn’t heard yet.  Eric asked where it would need to be located.  Harry said it would be the Fire Chief’s decision.  
        Eric asked if the approvals could be obtained before the tank was put in.  Jere said he wouldn’t be able to get a Certificate of Occupancy until the tank had been put in.  It would be a condition of approval.  Eric talked with the Fire Chief who said the tank would need to be 1,000 feet from the road.  Eric would talk with a neighbor.  Jere mentioned the survey and that 885 feet from the corner of the Henry Hill Road to the hammerhead would place him within the 1,000 feet.  He would talk with Dan about its placement.  It would have to be broken out from his lot and deeded to the town, Jere thought.  Fred said he thought it was just an easement that would have to be given.  The lot is 5.9 acres so Jere thought it would work.  Eric asked about the 50-foot right of way and the tank being 50 x 10 ft.  Fred talked with the Chief about it.  He thought it would make more sense to have it down by Henry Hill Rd.  The Chief thought it would be more sensible if possible.  The right of way is over a person’s property so he doesn’t know if one can be installed without the person’s approval.  This would be a legal issue.  They would look at the options.  The rating on fire insurance is the distance to the hydrant so this might be a selling point, Jere thought.  They might talk with someone in the neighborhood.  
        Harry asked Fred for any additional comments.  Fred had no other concerns.  
        Jere asked if they were confident they could get the fire tank issue resolved in a week.  Harry stated that it has to be on the final plan.  He would have only a short week from today.  Eric was not sure if he could do it that soon.  Jere thought they could have a public hearing and continue it if necessary.  The attorney is pretty clear on his opinion for this one.  
  • Motioned by Jere, seconded by Harry, to set a public hearing for the above project on Monday, October 26, 2009, at 7 p.m.  Four voted in favor.
Jere asked if the Pubic Works Director would make a decision on the fire tank   
going in the right of way.  Fred said he would talk with Bill and then talk with the present land owner.  Eric said he would go and introduce himself and explain what would have to go in.  Jack Chase’s development has one on Flaggy Meadow Rd. which would be a good example of one, Fred stated.  Jere says it makes more sense to put the fire tank out on Henry Hill Rd.  Fred will contact Bill.  Harry suggested he take a picture of the one on Flaggy Meadow to show his neighbor.  
        Eric asked if he was missing anything.  Harry didn’t think so.  The final drawing should be at the public hearing.

CEO Report:
        Fred had no report this evening.

Approval of Minutes:
        Minutes of 9/28/09 – One correction noted.  Harry asked if they wanted to wait until more Board members were present, but they thought they could vote on them this evening.
  • Motioned by Harry, seconded by Jere, to accept the minutes as amended.  Four voted in favor.

Approval of Bills:
        There were none this evening as the Treasurer wasn’t present.


Other Business:
        Review findings of facts for the following:
           Annah-Joy & Gregory Brunk
           Daniel & Jennifer Jackson
           Pinkham Subdivision #3
        Jere wanted to wait until the Findings were corrected to vote on them.  Harry thought the rest of the Board would have a chance to look at them.
        Review proposed Shoreland Ordinance Changes, Map and Zoning Map.
        Harry suggested holding off on the shoreland changes until others were present.  He proposed to work on them at the next meeting.  The Board will need another meeting with J.T. Lockman and the attorney.  They are waiting for J.T. to return info to Caroline.
  • Motioned by Harry, seconded by Jere, that the meeting be adjourned at 7:32 p.m.  Four voted in favor.

Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
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