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Town Seal
planning Board Minutes 05/11/2009
Town of Buxton Planning Board
Minutes of May 11, 2009

Recorded by Hilda Lynch

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

Board Members Absent:  None  

Others Present:  Fred Farnham, Robert Lowell (American Journal), Mark Pombriant, Walter Pelkey (BH2M), Patsy Thompson Leavitt, Charlie Brown (Sebago Technics), Rick Meek (Sebago Technics), Jeanette Fernstrom, Bruce & Mary Jane Emery, Brian Gaines, Barbara & Rick Deister, Neal Morrison, Louise Morrison, James S. Smith, Jr., Bob Marshall, Larry Emery

Chairman Harry Kavouksorian called the May 11, 2009, meeting of the Buxton Planning Board together at 7:02 p.m.

Pledge of Allegiance

Continued Public Hearing for Blueberry Ridge Subdivision:  Stephen Joffe and Julia Colpitts are proposing a 29-lot, two-town subdivision located off Church Hill and Webster Roads.  Blueberry Ridge subdivision consists of 7 lots in Buxton (Tax Map 7, Lot 30) and 22 lots in Gorham (Map 54, Lot 4).
        Walter Pelkey, from BH2M, addressed the Board about the seven lots of the subdivision, which will be located in Buxton.  This project is located at the intersection of Church Hill and Webster Roads; it includes 15 acres of open space and 1500 ft. of road in Buxton.  The plan has been revised for five items on Sheets 1 and 13, which have been enumerated in the letter submitted.
        The DEP submission has been made on April 3rd, and it is estimated they’ll have this back October 5th at the latest.
Caroline asked if they have received a letter from Inland Fisheries & Wildlife.  Walt said they haven’t at this time.  Has our Town Legal Counsel reviewed the documents and covenants for the homeowner’s association?  Walt dropped off a copy when he came in and believes it has been sent to the Town attorney.  Caroline mentioned Note 38 on Sheet 1 about the 4-bedroom homes.  She wants to be sure the applicants are aware that this is at their cost.  Jim mentioned that there is not a “town engineer.”  He would like the note amended to remove the engineer and include the Code Enforcement Officer and a hydro geologist.  Jim has seen these notes on a lot of plans – a 4-bedroom home is usually considered in the septic system design.  Caroline would like a cost estimate for landscaping.  
        David S referred to the Fire Chief’s memo.  His recommendation is not to use the 10,000 gallon tank as a primary source.  The Board has agreed that all homes will be sprinkled.  Keith has not seen anything from Public Works.  Caroline thought they had received something from the Road Commissioner as he had approved the road going in to Gorham standards.  Caroline shared a copy with Harry and Keith.  
        Harry asked if Fred had anything to add.  Harry summarized the things that Caroline and Jim had mentioned.  He thought they’d make it a condition of approval that they have the response from DEP.
        Harry asked if there were any abutters or members of the public who would like to address the Board.  There were none present.  
        Jim asked about the current status in Gorham.  Steve Joffee said they’ve received preliminary approval from Gorham.  Some Board members felt that they’d want to wait for DEP approval.  Jim thought it would make sense to wait until the Gorham Planning Board has approved.  Jere mentioned that they could make it a condition to approve it when having the final joint meeting with Gorham.  
  • Keith motioned, seconded by Jim, to close the public hearing for Blueberry Ridge subdivision.  All voted in favor.
Caroline asked if they had to wait until they have the joint meeting with Gorham before they give approval.  There was some discussion about what is happening with Gorham.  Harry summarized that they weren’t going forward to approval until DEP approval and the joint meeting is held with Gorham as well as receiving any changes that have been asked for this evening.  Harry asked Walter to notify them when they received their DEP approval.  Walter asked if the minutes could reflect that they’re waiting for DEP approval; and if there is anything significant, that they would adjust the plans accordingly.  They would also wait for the joint meeting with Gorham as well as any adjustments that were asked for this evening.  Keith mentioned that no trees should be put in the 50 ft. right of way.
Jim referred the Board to Page 13-2 to look at “preliminary plan approval.”  Jim makes a distinction about “final.”  He is re-thinking his position and wonders if they could give it preliminary plan approval.  Some discussion of the 30 days or within a particular time frame was held.  Jim is wondering if they could combine steps 2 and 3.  Caroline reviewed what she thought Jim was asking for and thought they might be able to condition the DEP approval.  Jere thinks that the preliminary plan gives the Board the info they need to set a public hearing; the final plan is voted on at the public hearing.  Jim feels he needs to be more aware that they’re granting a preliminary approval prior to public hearing; he doesn’t think this has been clear.  Caroline thinks the plan needs to be pretty complete before setting a public hearing.  Jere and Jim discussed whether the plan has received preliminary approval yet.  Steve said he would appreciate them giving the plan preliminary approval this evening.
  • Jim motioned to give Blueberry Ridge preliminary plan approval subject to DEP approval and the joint meeting with the Gorham Planning Board.  He amended it to state that they’ve also submitted the necessary information to give them preliminary approval and the public hearing has taken place.  Caroline seconded.  All voted in favor.
The time frame was clarified that this will continue when they’ve received DEP approval, and the joint meeting with the Gorham Planning Board is held.

Continued Public Hearing for Narragansett Business Park, LLC, for an industrial business park off Route 202 (across from Waterman Road); Tax Map 7, Lot 20A.
        Patsy Thompson Leavitt, the owner of Narragansett Business Park, LLC, addressed the Board.  She would like to summarize for herself and for their discussion.  This is simply a subdivision of land with lots that can be developed into commercial properties.  She acknowledged the tough job that the Board has.  She thinks this is the kind of project that will bring good things to Buxton.  She wanted to say “hello” to future neighbors; her worries, she believes, are the same as theirs.  She thinks that her family has done a nice job with properties they’ve developed.  She feels good that the Planning Board is going to be sure that each person coming in to purchase the lots will have their plans reviewed by the Board.  She is hoping the application will be approved and will bring something good to the Town.  
        Harry asked why in the original application she stated that they would put a 50 ft. buffer all around and later it was amended.  She doesn’t remember how they as a team came to that number originally.  She thinks the change occurred as they talked with the Board and thought the setbacks might be more appropriate.  She thinks there is an idea that “buffers = better.”  She looks at some businesses that she thinks look really great.  She wants people to be able to see the businesses rather than they be hidden.  As she recalls, they went back and forth many times at the last meeting and thought they’d decided that the buffering would be all right within the setbacks.  
        Rick Meek, from Sebago Technics, addressed the Board.  They originally assumed that when the clearing was done, there would be 50 ft. from the clearing to the property lines.  When they completed their survey, they found that it wouldn’t be 50 ft.  He believes Walt addressed the Board at the last meeting asking that the setbacks be the buffer.  Harry clarified what he’d heard as the reasoning.  The amount of clearing that took place was a factor in determining the buffers—also not wanting to limit the potential uses on the lots.  There is a building setback; let’s use that, Rick stated.  
        Charles Brown, with Sebago Technics, re-capped that the project is a three-lot business development on the easterly side of Rt. 202 adjacent to Rt. 202 Trailer Sales.  They have 25.7, acres and they’re developing only 11.3 acres with an access road and a three-lot subdivision.  They’ve talked with and have received letters from the Fire Chief and Public Works.  DEP submission took place on May 1, 2009, for the Storm water Permit by Rule, and they’re expecting approval some time next week as well as the permit for the disturbance of the ground after the fact.  They’ve submitted a Tier One application at the same time.
        The overall subdivision plan has been eliminated, and they’ve prepared two plans at 40 scale to take the place showing the exact detail.  Both plans have provided places for the Planning Board to sign.  
        General Note 11 has been added showing that the approval of this Plan is only for the proposed access road and Lots 1, 2 and 3.  Future development will require site plan review and approval by the Board.  They’ve added the designation of Lot 4 in the land that has been retained.  
        Note 13 has been added stating that all proposed exterior lighting will include full cut-off.  
        In the storm water narrative, the road has been extended and some minor changes have taken place.  They’ve modified the storm water to reflect the changes—under drain soil filters have been increased in order to maintain the post development peak discharge rates.  They’ve made a correction regarding the eventual downstream water bodies.  
        They’ve provided a copy of the response from Maine Historic Preservation who asked about the old school building on the Timms lot—whether it was still in its original condition and its use.  Sebago Technics has provided a response.  
        13.4.J. has been updated to show an iron pin at approximately 154.51 ft. of the property line.  He shows where it is on the Plan.  This designates the edge of the drainage easement.  
        Note 12 – the setback along the property line and Rt. 202 will be left in an undisturbed state except for dead or dying trees and with the approval of the Code Enforcement office.  
        On the grading and utility plan, Gen. Note 17 has been added that there will be no clearing in the wetlands, the 20 ft. setbacks shall be left in an undisturbed condition except for dead and dying vegetation.  
        The statement was corrected under checklist No. 6, Article 10.8 – Gen. Note 12 was added regarding the 20 and 40 ft. setbacks as undisturbed buffers.  
        Two drainage easements have been added.  Mr. Brown pointed them out on the Plan.  
        Construction Note 12 has been updated to list the name of the State statute referenced in the note.  
        No 9 has been updated to direct the contractor to go to Sheet 6.  
        Construction Note 26 has been updated to refer to the road and drainage infrastructure.  
        General Note 14 has been added for language from 10.A.2.  
        There was an initial cost estimate of the road, and this has been updated.  This estimate is $69,594.  Harry asked why the under-drain system was not part of the estimate.  Rick Meek says the storm water permit is not triggered until you’ve exceeded one acre of impervious.  They’ve included ponds but haven’t priced them out for the initial construction.     The Construction Notes 11, 12 and 27 have been reduced to Notes 10 and 27 which were combined and Note 12 remains as is.  
        Charles mentioned the overhead utility which will be three phase.  The last pole will be set near the lot lines between Lots 2 and 3.  The applicant has contacted CMP and has started a dialog confirming these locations.  
        The location of a future fire tank area has been moved to the farther end of the turnaround area.  Once they reach the threshold, they will increase to a 20,000 gallon tank.  Keith clarified that the minimum is 20,000 now.  Keith stated that they don’t have to have one at this point.  
        The locations of the adjacent wells have been added.  He pointed the wells out on the Plan.  
        The culvert over the first fill area has been increased from an 18 to 24” diameter to insure that the roadway won’t impede the flow of water through the site.  In accordance with Article 12.3 of the Zoning Ordinance, the detail for the minor local street on Sheet 7 has been updated to reflect the 12” sub base.  
        They’ve tried to address all items from the last meeting.
        Jere asked if they’ve decided on what they were going to do for a performance bond.  They haven’t put one together yet, Patsy stated.  Jere assumes that the estimate for the road and the erosion control would require a bond of about $70,000.  There’s a little leeway.  Keith had a comment on the Fire Chief’s note.  He’s satisfied with the fire tanks.  Patsy asked if they wanted a surety bond or letter of credit.  Jere said that it was up to the applicant. On page 13-5 of the ordinance, 13-12 gives the different types–five things are possible.  Jere explains the process.
        Caroline wants clarification from the Board – 10.15 says they have to wait for items to come back from Maine Historic Preservation.  Does this refer to a final plan?  They haven’t heard back from them since Sebago Technics’ response.  They concurred that they’d need a final response.  Have they received something from Inland Fisheries & Wildlife?  Rick said they’ve sent a letter to Fred.  He believes they’ve made a mistake in their letter.  He referred to the way the site drains, eventually discharging to Rt. 202.  This is the beginning of a tributary to the Little River.  They initially thought the stream segment began on this property but it doesn’t.  
        Caroline wanted to thank the applicant for amending the plan with all of the items asked for.  She understands that Mrs. Leavitt wants the businesses to be visible, and Caroline clarified what she thought would be appropriate for landscaping:  residential next to business would need some kind of a buffer.  She asked if the Kene property in the rear is considered commercial or residential.  Jere said it was rural – a hay field and a gray house.  Caroline took a drive again and is concerned about 30 Justin Merrill and asked if they’ve submitted anything and mentioned that they haven’t come in.  She noticed that they could really see through to Rt. 202.  Jere has spoken with Calvin.  His concern was more about the storage of items behind Rt. 202 Trailer Sales.  Jim clarified that this would just be hearsay.  
        Caroline said that a minimum of 30 ft. of green perimeter strip is usually what is asked for and what they’re planning is adequate.  On Partridge, two trees were taken down in error.  Were those going to be replaced?  They don’t abut this development.  Jim would like to cut this off because he doesn’t think this is pertinent to their review.  Caroline was just acknowledging abutter’s letters.  Harry clarified that this happened on a lot that was adjoining the 4th lot.  Caroline wanted to make sure this was addressed.  She hoped they understood about all of the notes they’ve asked for on the Plan.  
        Caroline wondered if they could amend a note slightly.  Caroline asked Fred if the Plans are filed with the Findings.  On Sheet 3, No. 11, the future approval by the Planning Board is addressed; future tenants will be required to address Articles 8, 10, and 13.  Jim doesn’t feel they would need to reproduce their ordinances on their Plan.  Jim would be more comfortable with this note being brought up to Sheet 2.  Jim wants to clarify that he knows that Caroline is concerned about future buyers.  Charles asked about them exchanging Notes 5 and 11.  Jim felt he would be okay with that.  Caroline would like the note to reference Articles 8, 10 and 13.  Keith doesn’t believe this is needed.  Jere clarified when construction would be done which will trigger things that will come back to the Board anyway.  Harry asked if it were added would this mislead people to think this is all they have to deal with.  Caroline agreed to leave the note as it is.  
        Caroline thanked the applicant for updating the storm water plan to go back to pre-existing conditions.  None of them are professional engineers so wondered if they could send this out to an engineer to review these plans.  She asked for the Board’s opinion.  Keith thinks that if this were going to be sent, it should already have gone.  David A agreed.  Caroline said they couldn’t make a positive finding on it, as they’ve just received it back.  Jim doesn’t think this is an inappropriate time to discuss it.  Because the DEP has engineers, sometimes people don’t think it is necessary to have others look at it.  It is not uncommon for towns to ask for a peer review of engineering work.  He’s worked with both ways. He wondered if they wanted to do an informal poll of the Board and Fred.  Jim asked Fred if he had a comfort level with DEP—any problems with projects?  
        Fred hasn’t seen any problems with subdivisions that have been a real problem.  He doesn’t feel the Town has had any bad experiences.  They have gone through a list of engineers and firms to see if any have an interest in doing peer review, so the Board would have a list to draw from.  
        David A mentioned that Sebago Technics has professional engineers and thinks they have to consider the professionalism of the applicant’s contracted services.  Errors can happen but he doesn’t think they should expect that.  David A is not in favor, Jim is not in favor, David S agrees with Jim, and Jere agrees it is not necessary in this case but this is a “wake up call” for the Board.  Jere thinks that when the lots are sold and new storm water plans are done, the buyer may not use the same engineers so they might have a fresh view of each lot.  Jim says that in future situations, it could be corrected because there will be future reviews.  Keith doesn’t think this plan needs to go to peer review.  Caroline withdraws her request because she did not agree.  Jere mentioned that landowners are responsible for water leaving their property, so they have legal recourse for this.  It is a civil matter.  
        Caroline wants to add for the record that buffers shouldn’t be something that will fill in during spring and summer.  Buffers should be there year around.  Harry clarified buffers and setbacks.  Keith mentioned that in the ordinance, they should run two rows of evergreens or spruce staggered if it is needed.  Jim said that when buyers come back, they would be able to address this.  Jere thinks that if this is enough of an issue, the Town should do something further to enact new ordinances.
        Jim asked about the drainage easement.  Why does it end where it does on the property line?  He asked if the easement should extend to the sideline.  Charles clarified.  He asked about the double line; Charles thinks that is the zone boundary.  Jim is thankful that Note 11 will be moved.  He refers to the inspection and maintenance schedule – it refers in general terms to the owner.  Jim would like a reference to future owners.  He’s really concerned about the under drains – the maintenance and repair over time.  These are fairly new.  They have to be carefully constructed and maintained.  He would like future owners to be well aware of this.  Keith wants to make sure that this easement doesn’t include the Town.  The ditching on the side of the road would feed the pond, Rick Meek says.  Jim asked Rick if he sees the concern about it being unclear who is doing the maintenance.  Rick says that Pond 1 could easily be re-located, and he will work on the location of Pond 2.  Jim would like to see some increased wording about buyers picking up the maintenance tab.    Note to Fred Farnham – No. 5 – what is the correction?  Originally in the initial review, he thought that the Stroudwater River was of concern and found that it was the Little River.  Note No. 7, Page 3 of 7 – Where is 4.D and where is it referenced, Jim asked.  They’re referring to the culvert that drains into 202 – the reference should be 6.E – it is not actually titled Plan 4.E.
        Caroline asked about a business/condo association.  Patsy said they weren’t at this time.  She asked Patsy if she’d received from Public Works information about inspections that would be required.  Patsy said that she had.  
        Harry asked if Fred had anything he would like to address.  Fred doesn’t have anything he would like to add at this time.
        Harry asked for abutters who would like to speak.
        Brian Gaines of Partridge Drive asked about an area – if it was a drainage pond.  The water flows down through there, Charles stated.  The water flows down from the Muller parcel, and he explained the process.  They’re providing a spot reserved out of the lots for drainage.  Rick clarified that this part of the easement they’ve provided is for drainage for the road.  It is a depression in the ground with an under-drain in it.  Brian asked if this was in the rural zone.  Charles said this was part in the rural and part in the commercial.  Our ordinance does allow an extension of 50 ft. from the zone line.  He asked if Lot 4 would now be part of this.  Harry clarified that there are business uses allowed in the rural zone, but they would have to come back before the Board for approval.  The encroachment was Brian’s biggest concern.  He is an abutter of the rural lot.  He mentions the letter from the Fire Chief—three lots will have no need for a water tank.  He asked if the buildings would be required to be sprinkled?  Keith mentioned that three lots would not be required to have fire protection under the ordinance.  Brian was confused about this because of the discussion with the previous applicant.  Jere mentioned that he might be able to get something off on his insurance if a fire tank is built on that property.
        Brian asked Jim about a hydrogeologic assessment.  He asked if this was the Tier One.  Jim explained that a Tier One is a wetland alteration application to the DEP.  A hydrogeologic study would be to look at wastewater plumes and how they might affect groundwater in the area or the wetlands.  For a modest, 3-lot subdivision, it hasn’t been required.  He would be inclined to request this if a building were to come in with a large amount of wastewater.  He mentioned the septic systems that have been proposed being adequate for now. He doesn’t think this study would be indicated here.  
        In 13.4.0.I. – the last line includes a recommendation be put on the deeds for the new owners, Brian mentioned.  Jim clarified that this isn’t a requirement that it has to be done – just what has to be done if a hydrogeologic study is done.  Jim mentions that if a sand and gravel aquifer were there, they would need to have other concerns.
        Harry asked for any members of the general public.  
        Rick Deister, who lives on Justin Merrill, spoke on the review.  He thinks it is incumbent on the Town to make sure there are no errors. He thinks the Town has been lucky so far but what would happen if they were not so lucky.  Jim mentioned that Hannaford and the school have been put out to peer review.  Rick thinks that none of the Board members can say with 100 percent certainty that there won’t be a problem.  He mentioned towns having engineers on staff.  The lots themselves are pretty minimal.  With the wetlands involved, can they be assured that the existing wetlands won’t be destroyed?  Harry and Jim clarified what would be done to protect the wetlands.  Harry thinks he’s talking about the calculations that weren’t shown on the Plan, but that has been added.  What Caroline would say is that any future development will be looked at for all of the things they’d need to consider.  
        Caroline says she understands where he’s coming from.  She thinks that some of the things should be part of the developer’s responsibility, but the Board is not in agreement with this.  She clarified what she’s used to doing.  She thinks the Board has agreed to wait until future applicants come before the Board.  Jim mentioned that the applicant could end up with an inappropriate buyer.  Rick mentioned the amount of space needed at the beginning.  Harry re-capped what Caroline’s point was.  Jim speaks to the comment of the previous abutter.  For a litmus test Jim likes to use for himself, he thinks he tries to think about what it would be like if he were standing up there as an applicant who has hired a reputable firm.  It seems like duplication to him if an applicant has already paid an engineer to do this.  
        Rick Deister mentions what might be done in Portland rather than Buxton.  He thinks the Planning Board should be verifying that what has been done is accurate.  Caroline mentioned having an objective review.  Harry believes the Board has been polled and has come to an agreement.  He concurs with Jim’s statement about the licensed, professional engineers we’re dealing with.  Fred can inspect for erosion and sedimentation.  Can the Board require these inspections?   Fred plans to do this.  Harry asked if there is recommended maintenance?  Yes, according to DEP guidelines.  It is in their attachment.
        Louise Morrison, an abutter, thinks it is good that Mrs. Leavitt is in a business/commercial zone.  She thinks they should have something to fit with the rural character of the community.  She mentioned that Rt. 202 Trailer Sales had to put in seedlings, which they did; and they died.  She is concerned about non-enforcement because there is no more buffer for the Trailer Sales.  She is concerned as a landowner right across the street.  Harry said they’ve agreed to leave a 40 ft. setback along Rt. 202 undisturbed except for removing dead or diseased trees.  She said they are concerned about storm water problems.  She notices that a lot of wetland which would require a lot of fill.  They are required to have 40,000 sq. ft. of contiguous upland, Harry stated.  They are concerned about air quality and noise pollution.  Harry clarified what would be done if there is excessive noise, and Fred would check this.  
        Caroline asks the applicant to talk with potential buyers about the residential properties nearby.
        Robbie Wagner, of 10 Turkey Lane, Buxton, spoke as a member of the public.  Any businesses going into the business park in the future, would they be required to come before the Planning Board?  The Board members mentioned that this is going to be a condition for this subdivision.  Robbie verified that there would be more chances for the Board to look at these lots.  He thinks the Board may be getting ahead of themselves by thinking about things that could happen in the future – the park could be approved and items under discussion looked at later.  Have any concerns come through from DEP? Jim and Caroline mentioned the DEP applications they have submitted and the General Construction Permit, after the fact.  Robbie felt that in his limited dealings with DEP, he believes they are very thorough.  He thinks this should be more than sufficient.  How do they determine which applications go to peer review?  Could there be a possible conflict?  The size and amount of land, Keith stated, is the reason they have reviewed Hannaford and the school.  All subdivisions go to SMRPC, but they don’t have engineers on staff.  They might not be the appropriate reviewers.  This is the kind of discussion they have at times.  
  • Keith motioned, seconded by Jim, to close the public hearing.  All voted in favor.
        Jim questioned whether this is a preliminary plan approval?  Harry mentioned that they would vote for preliminary approval pending the information needed from Maine Historic Preservation.  David A asked for clarification.  He asks why they have to go through this now when they haven’t done this before.  Harry said it was based on language that has come to their attention in the ordinance.  David A wants to go to final approval with conditions.  David A and Jim had a discussion about some work that is still not finished.  Jere agrees with Jim, as does David S.  Harry thinks they can go ahead with a preliminary vote.  Caroline asked about the DEP approvals.  Charles stated they would expect one next week and the other in 30 days.  David A wants to be very clear that there will be a final vote.  He thinks people outside of the Board need to understand that.  
        Harry asked if they wanted to hold it over until the next meeting while waiting for some further information.  Caroline read from the ordinance about preliminary approval.  Caroline thought that the ponds and under-drains are being re-located so they’re still waiting for some things.  She said that maybe they can have the Findings all set up so the final approval can be voted on at the same time.  Keith questioned the process.  David A says that he has to respect Mrs. Leavitt’s position on this; she wants to know how long this will go.  Jim says that this does give preliminary approval to what is on the paper.  
  • Jim motioned, David S seconded, to grant preliminary plan approval based on tonight’s information and prior information recognizing that there are some things still needing to be completed.  
Rick Meek is concerned about the DEP approval within 30 days.  Keith mentioned that they’ve approved things with conditions on DEP’s approval.  He felt they could condition the final plan with DEP approval if it has not been received yet.  Caroline mentioned that any significant changes would require their review again.  
  • All voted in favor.  
Keith and David A. want to make sure that this is done for every applicant.  Since the public hearing has closed, just want to make sure this is on the agenda for the next meeting.
  • Jere motioned, Keith seconded, to make an agenda change to move Mark Pombriant up before Pleasant Ridge.  All voted in favor.
Discussion of site walk for Mark Pombriant who is requesting a Conditional Use Permit to allow auto sales at 30 Tory Hill Drive; Tax Map 10, Lot 16A-4.
        Harry mentioned they went for a site walk on May 4.  David A found everything to be in order.  Caroline said the Board did a count to see how many vehicles could be on the property, and they determined there could be 25.  The other Board members were all set.  Harry asked the Board for a date for a public hearing.
  • Jim motioned, Keith seconded, to set a public hearing for Mark Pombriant on the above on June 1, 2009.  All voted in favor.
Public Hearing for Pleasant Ridge Subdivision owned by Normand Berube Builders, Inc., who is proposing an 8-lot cluster subdivision; Tax Map 8, Lot 40A.
Keith is recusing himself from the Board because he is an abutter to the property.  
        Walter Pelkey from BH2M is back this evening for Pleasant Ridge Subdivision.  The subdivision will be located on Rt. 22 for seven lots.  The Permit by Rule application was sent on April 20; they’ve gone beyond the 14 days and they haven’t heard anything.  Note 20 has been revised concerning cutting trees in the open space.  The homeowner’s docs were revised according to the Town attorney.
        Caroline asked if the HOA documents were with the applicant’s attorney right now.  Walt said they were, and he has presented a draft this evening.  She asked if the Road Commissioner is okay with the road profile.  If there’s anything, just include it in the file.   They’ve added to all of the plans regarding 10.1.A.2 – the responsibility of the maintenance of the road will be the owners until approved by the Town.  Fred is all set.  Harry asked if any abutters wanted to speak.  Keith Emery came to the podium to address several issues they have.
  • Caroline motioned, seconded by Jere, to open the public hearing for the above.  Six voted in favor.
Keith says the map needs to be corrected, as a house and lot is missing.    Jim says that they’re not depicting Bruce Emery’s name on the lot, but the lot is there.  Keith brought up at the first meeting that the zone line went straight back.  He thought there would be more research because the zone line follows the contour of Rt. 202.  Keith feels the calculations may not be correct because Keith thinks there is more rural zone than is being shown.  
        Caroline asked Fred if he cared to comment.  Fred thinks they would have to go back to see how the zone was laid out.  
        David A feels that the change to 7.81 lots and the significance of a few feet would not make a change to 6 lots.  He does feel it should be corrected.  Keith says there is wording that says 1,000 ft. off 202.  Keith says the road bends to the left.  David A asks how far up?  Pages 3-1 and 3-2 talk about zoning boundaries – Jim refers to this, which says the Zoning Board of Appeals, should determine the boundaries.  He thinks the Village Zone might take over.  Keith doesn’t think the zoning line should be moved 50 ft. to allow for calculations for subdivisions; he thinks this is wrong.  Board members looked at the ordinances and discussed the lines.  Section 3.2.D.4 is referred to by Jim – this gives guidance about less than 2 acres.
        Underground power must start at Rt. 22, Keith stated.  He referred to what is said about clustered subdivisions in the ordinance.  The subdivision doesn’t start half way up the road.  The brook is on the other side of the power line.  They would cross 22 and set one pole on the side of the road; then you must go underground from there in.  Jim mentions “wherever possible” in the ordinance.  Keith believes it is possible to go from the start of the subdivision underground.  Caroline mentions the impacts to the environment.  Jim asked the engineer what they might do.  The impact would be minimal, Walt says.  Keith says that all cluster subdivisions go underground right from the start.  Caroline and Harry thought that “wherever possible” does leave some room.  
        Keith says they haven’t seen a letter from the Road Commissioner saying that the road is the level of gravel that they say it is.  Keith talks about past practice regarding holes being dug.  Then, the letter from the Road Commissioner could state that the road would meet the standard.  The road was put in during the 70s.  Caroline thinks this is within the Road Commissioner purview.  Walt shows on Sheet 3 their borings.  Keith stated that the Road Commissioner has not seen it.  Caroline asks where the letter is from the Road Commissioner.  
        Caroline asked Fred if he would be speaking with the Road Commissioner.  Fred says that if there is an existing road, it would have to meet the Town specs.  Whether it would take a boring or a backhoe digging up to show what’s there, he imagines this is what the Public Works Director would require so it can be built to Town specs.  Board members think that it is at the applicant’s risk.  Jere stated the process for the acceptance of the road.  Keith clarified what he thinks needs to happen for the Road Commissioner to send a letter to the Board.  Jim read from the Plan that it is stated that the Road Commissioner will have to inspect.  Keith questioned the acceptance of the amount of the bond.  Jim thought that this was just an estimate.  Keith asked about the road being rebuilt.  Harry stated that this would be part of the Road Commissioner’s review.
        Keith gets back to calculations about what needs to be taken out for the road.  It was not technically the entire area of the right of way. 11.6.B.4 refers to the amount needed for the road, shoulder, drainage ditches, etc.  How can we use calculations like that for lots when the 50 ft. road is part of the town?  Keith asked.  Jim believes they are working on an ordinance change.  He believes that it needs to be the 50 ft.  This is not what the ordinance says.  Keith says the drainage is the whole slope.  Jim believes they pushed BH2M on this, and they’ve lost a Lot already.  Jim feels it should be the whole width of the right of way, but this is not the way the ordinance reads.  SMRPC had no issue with the density calculations.  This has been addressed at a previous meeting.  Keith is not against this subdivision.  
        No driveways off the hammerhead of any kind, Keith says.  Jim says they’ve had this discussion about driveways coming off it.  Keith believes there is an added cost to the taxpayer.  Jim believes there will be additional tax revenue for the Town, which may offset the cost of plowing.  Keith mentioned how he thought the driveways should be shifted so they don’t interfere with plowing.  Jim asks Fred if they come off the curve if it complies with the ordinance.  Jere says that it does.  Jim thinks the ordinance may need to be changed.  
        Bruce Emery, Keith’s father, addressed the Board regarding the plowing as he’s experienced problems with homeowners threatening him.  Caroline asked about the solution, and Jim stated that the ordinance needs to be changed.
        Larry Emery commented about the timing of the public hearing because one abutter had to leave.  Four public hearings in one night, he believes, is a problem.  Board members explained the reason.  Will there be any covenants on the homeowner’s association?  He wants to remind them that their association stops at his property line.  They have stock cars, critters, guns, etc.; and their rights stop at the property line.  Jim asked about a law in the State of Maine regarding discharging guns in proximity to the nearest dwelling.  As long as abutters aren’t trespassing on their property, there shouldn’t be a problem.  Larry isn’t against the subdivision, but he wants it done fairly.  He wants it to be above board.  Harry asked if he thought they were doing something that wasn’t above board.  Larry stated that one never knows.  Larry said his wife said that this isn’t what this ordinance was designed for and referred to an individual house that was on a lot who wanted to do something like a small homeowner’s business.  Caroline said that this is pretty standard.  Jim says that you wouldn’t move the line for density calculations but only for a proposed use.  Caroline says it is a matter of interpretation.  Jim mentions the particular part of the subdivision that refers to net density calculations which Larry’s wife may want to get changed.  Jim mentioned that we have only two meetings a month so we don’t want people to have to come back again and again and again.  He thinks that abutters have been able to see this agenda so would need to make plans accordingly.  
        Bob Marshall, an abutter, shows where his lot is.  He is concerned about what the septic systems will do to the wetlands and his property.  He mentions where water runs through all year.  He thinks a ditch is needed along the property line.  What is going on with the cutting of the trees?  Caroline mentioned that they’ve asked for clarification on the limits of clearing.  He’s concerned about Lots 6 and 7 where the water runs right down onto his property.  He would like to see the drainage ditch extended so the water doesn’t pool up in the front of his property.  Jim said that Bob could contact Fred right away if there is a septic system problem.  Bob is talking about new excess ground water coming out of the wetlands.  Jim clarified that for 2,000 gal. of wastewater on a single site, the State would require review.  Bob illustrated where the water would run from the project.  It is not a large enough subdivision to require a storm water plan, Jim stated.  Caroline mentioned that they didn’t ask for it.  Putting a swale in there to drain to the brook isn’t going to add significant cost, Bob thought.  Jim pointed out an existing wetland swale.  Bob says he doesn’t want any more water on his property than there currently is.  Jim explained how a ditch might put more water onto his property.  
        David A wants to know if you can do something to put some water into the Stroudwater headwaters.  Jim says it is a stream by DEP definition, which gives it a 75 ft. setback.  Harry doesn’t think they can ask someone to put water into the headwaters of a stream.  Jim clarified how you’d want the storm water to go over a wider area.  Walt says they spend a lot of time not concentrating water.  Sheet 3 provided suggests that all drainage is intended to go down ditch lines on either side of the road and into the stream, Jim stated.  He thinks it would take a great amount of water and explains how he thinks it would happen.  Bob sees the water come up over the sides of the ditch every single spring.  Jim thinks that maybe it is justifiable to look at this.  David A says that this is the only area they didn’t walk.  The abutter left the meeting.  
        Walt points out a flood line on the Plan.  Caroline thought they should have storm water analysis.  It is not just Permit by Rule, Harry said.  The increase of impervious was only about 13,000 ft. so it was Permit by Rule, Walt says.  Board members studied the plans to look at the storm water flow.  Jim asked Fred if the stream was shore land, and Fred said that it was not.  David A says he thinks the SMRPC would document any issues that have come up.  Jim says he hasn’t looked at Mr. Marshall’s property to see what it looks like when it gets off that lot.  Larry and Bruce Emery helped clarify where the stream goes on the Marshall Lot.  It was agreed that the stream stays on Marshall’s property.  Bruce Emery stated that he didn’t think the ditch would have to be very big.  Caroline asked Walt if they could make a determination on this and get a report back.  Walt mentioned an increase of analysis point 1 now.  Jim says it benefits Marshall’s property.  He says they’ve shown them an analysis that says it won’t increase the flow to Marshall’s property.  Bruce commented on BH2M not being able to guarantee it or taking the word of the engineers.  He mentioned that the city of Portland hires people so what is the difference between taking BH2M’s engineers’ word or someone else’s.  Harry would like to have Berube’s go back and take a look at it, but they’ve given them an analysis.  Walt mentioned that an analysis has been done and the subdivision has been reviewed by SMRPC.  Caroline mentioned that they hadn’t reviewed storm water.  
        Harry asked if there were any other abutters’ comments, and there were none.  
        Harry stated that they do have an analysis.  Jim mentioned that the previous applicant hadn’t been required to do a review.  Caroline clarified that the Board needs to address the public’s concerns during a public hearing.  She doesn’t feel that it can just be ignored.  If something could be done to address this in some fashion and then brought back, they could make a positive finding.  She believes the Board is here to be proactive rather than reactive.  
        Jim says he wouldn’t have a problem going back to look at this property.  Jim mentioned that the site walk was done under blistering cold set of conditions so people didn’t look at these swales closely.  David A would go along with it.  He thinks this is the best time.  David S didn’t get a chance to look at it; he got stuck in the driveway.  Jere said he didn’t go down by the Marshall property.  
        Larry Emery mentioned the comment about roads and houses not being put in the right place.  He mentioned where the septic systems are for his and Mr. Marshall’s houses.  It may have been the only places on the lots that the houses could go.  
  • Jere motioned, Harry seconded, that the public hearing be continued for the Pleasant Ridge Subdivision for June 1, 2009.  Six voted in favor.
  • Jere motioned, seconded by David A, to hold a second site walk on May 18, 2009, at 6 p.m.  Six voted in favor.
Walt believes that BH2M is within the letter of the law.  David A recommends that the site walk be limited to the wet area on the Marshall property.  Larry Emery suggested they walk right down his driveway.   

Public Hearing for proposed ordinance changes and the official Shoreland Zoning Map and Shoreland Zoning.
  • Motioned by Keith, seconded by Harry, to open the public hearing for the proposed ordinance changes.  All voted in favor.
        Harry asked if the public has any questions regarding the ordinance changes.
        Jim wanted to decrease the percentage from 33 to 20 percent slopes – it should be changed as noted on page 2 – slopes greater than 33 should be 20% and where it says 20% should be 33%.  (See notations made on the document.)
        Keith believes that if a subdivision allows five lots, they shouldn’t be able to cluster and get six lots.  Jim talked about a bonus given for protecting the resources.  Jim says in some towns, they get a bonus lot if they go to cluster.  Keith doesn’t agree with that.
        Caroline asked David S if the ordinance looks pretty complete on the small wind turbines.  David S mentioned that there is an ordinance for a small wind energy system which will only work on one building and power won’t be sold back to CMP.  Caroline asked about a subdivision wanting to put in a turbine to service those lots, and how would it be handled.  David S says that would be covered at a second level by the State.  There are three levels.  He is satisfied with the wording as it has been sent to the Town attorney.  It has come back the way it is seen here this evening.
        People who need a special exception for a conditional use, Jim says we’ve suggested that those lots must meet minimum lot requirements—98.C on the last page of the ordinance changes, should be changed from “that zones” to “those zones.”
        Caroline asks who determines small wind energy systems on the land use table.  Jim asked David S if he knew how this was determined.  David S doesn’t know where it came from.  No one has any issues with it.
        Jere stated that the Board is not ready to review the Shore land zone ordinance changes.  Jim stated that they haven’t had a chance to sit down with the Town attorney to have a workshop on this, nor has the DEP given any preliminary review.  
        Jim spoke with Mike Morse, and Mike cautioned the Board and Town about not going forward with changes until he’s had a chance to review them.  He’s had to condition them to allow towns to only use part of the ordinance because parts of it conflict with State guidelines.  Mike would like a copy in advance, so Jim contacted Board members and Krystal and asked that a copy of the proposed changes be forwarded to Mike Morse in concurrence with the Board’s work.  He clarified that because they’re going to have so many submitted at once that they are going to be a few months going through all of them.  As long as the Town is making progress, they will be okay.  Jere clarified that this won’t be on the ballot in June.  Jim clarified that they had decided at the last meeting that they would have a special town meeting for this.  There was some discussion about when this town meeting would be.
  • Jere motioned, seconded by Jim, to close the public hearing on ordinance changes.  All voted in favor.   
CEO Report
        None this evening.

Approval of Minutes:  April 27, 2009
        Postponed due to the time until next meeting.

Approval of Bills:
        To pay Portland Press Herald in the amount of $74.82 for the Narragansett Business Park, LLC, application.
  • Jere motioned, seconded by David S, to pay $74.82 to the Portland Press Herald for the legal notice above.  All voted in favor.
        Jim thinks that Mike Morse doesn’t have a big backlog so thinks he will get to it pretty soon.  Caroline wants to know if he needs to see the proposed draft, and Jim says he is specific to shoreland zone.

Other Business:
        None discussed due to the time.
        Review comments from Town Attorney for proposed Shoreland Ordinance changes and zoning map.
        Postponed due to the time until the next meeting.

  • Jere motioned, seconded by Keith, to adjourn the meeting at 10:44 p.m.  All voted in favor.

Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date

Town of Buxton
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