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Town Seal
Planning Board Minutes 06/08/2009
June 8, 2009

Recorded by Hilda Lynch

Board Members Present:  David Savage, Sr.; Keith Emery; Jeremiah Ross, III, Harry Kavouksorian; James Logan, Caroline Segalla, and David Anderson
Board Members Absent:  None  

Others Present:  Brenda Waterman, Hazel Pinkham, Annah & Greg Brunk, Heather Pendleton, and Joanne Gagnon  

Chairman Harry Kavouksorian called the June 8, 2009, meeting of the Buxton Planning Board together at 7:02 p.m.

Pledge of Allegiance

Discuss site walk for Hazel Pinkham who is requesting a Conditional Use Permit for an in home daycare at 92 Chicopee Road; Tax Map 2, Lot 1.
        Brenda Walker, Hazel’s daughter, spoke about their proposal.  David A and David S attended the site walk on Thursday, June 4, 2009.  David S reported that there was plenty of parking; it is way off the road so looks like a pretty safe place.  There is a pond there but quite a distance.  There is a fenced in play area in the back of the house.  David A concurred with David S.  He mentioned that they got the documentation from the State Fire Marshall’s office, with very minor things to clear up.  
        Harry asked if there was adequate information to set a public hearing.  Caroline went to the site today and has no concerns.  Keith is familiar with the property.
        Keith motioned, seconded by Caroline, to set a public hearing on June 22, 2009.  6 voted in favor; Jim Logan abstained.

H. A. Mapes is requesting to re-locate the existing canopy to the new diesel island; Tax Map 10, Lot 81A & B.
        Joanne Gagnon spoke about their wish to locate the existing canopy from the old gas island to the new diesel island.  It will allow them to recycle the canopy, and it will protect drivers from the elements.  They’ll cover any fire suppression needed.  This is a change from the original plan, Harry stated.
        Keith and Jere mentioned that they would need to show the canopy on the Plan.  It is a formality to have Joanne come back to present the updated Plan, Harry stated.  Jim wanted to see how it would affect traffic.  He would like to see that it matches the traffic flow pattern.  
        The canopy is 24 x 48 which will exactly cover the concrete pad.  They’re looking to recycle the old one they have.  Jere asked if the posts for it were in the island now, and Joanne stated that they were.  She has a drawing, which she shared with the Board.  Jim stated that the canopy over the new set of islands was not specifically designed for a diesel island originally.  His concern is that previously no diesel trucks went under the canopy in the front.  He wants to make sure trucks can enter and exit easily.  
        Caroline wonders about the lights on the existing canopy; she believes they’re pretty bright.  She wonders what the illumination would be with the canopy on the other side.  She’s not sure if the Board wants to do an analysis of the lighting effects on the area.  Jim asked if they’re going to go with the old lights.  She says they want to use the flush mount ones that are on the new canopy.  Caroline asked if they were full cut off.  She thinks that they required full cut off on the original plan.  Joanne will check on this.  Jere asked if they needed approval right away.  She says the islands are there, and the bases are there for the canopy.  He doesn’t see an issue as long as the lighting is okay.  Caroline asked about runoff.  Other Board members thought that it was already impervious.  The Plan would need to be in by the 15th in order to discuss this change at the next meeting.  Since this is a minor change, there wouldn’t be a need for a public hearing.  Caroline asked if there were any other changes foreseen.  Board members complimented Joanne on the looks of the new building.  Joanne stated that they’d like to re-open their store in two to three weeks.  

Annah-Joy and Greg Brunk of 460 Parker Farm Road have submitted an application for a Nursery School/Family Daycare; Tax Map 1, Lot 134.
        Annah-Joy and Heather Pendleton plan to open a nursery school.  There’s no new construction proposed.  They have an unfinished daylight basement with separate entrance they’d like to finish.  The State Fire Marshall inspected their home on June 4th.  Their hours would be Tues, Wed. and Thurs. from about 8 a.m. to 3 p.m. to prepare children for kindergarten readiness.
        David S asked if they were planning to have a daycare.  Annah said they would be just operating a nursery school.  The family daycare part of the title is something the State licensing standards contains.  David S asked if they would be open the whole day.  Annah stated that this is the reason for the family daycare being included in the title – to allow them to be open more hours.  There would be two adults, and they’d have a maximum of 12 children ages 3 through 5.  David A suggested that they not limit their hours and number of days as they’ve stated so they’d have greater flexibility and wouldn’t have to come back before the Board if they should make changes later.  Jere asked if they would like to amend their hours from 8 to 5 Monday through Friday.  David A suggests that they amend the application to 8 to 5 weekdays.  Annah asked what the process was for amending.  She was told to just reprint it with the changes and send it back to Krystal.  
        Jere motioned, seconded by David S, to hold a site walk on Monday, June 15, 2009, at 6 p.m.  All voted in favor.
        Keith mentioned that the change to the amendment would need to be in by the 15th of June.  There was some question about requirements.  David A thought that she would be providing a daycare with informal lessons.  There was a question about a formal curriculum.   David S mentioned that a nursery school wouldn’t be allowed for more than 3 hours; you can’t provide for more than a snack.  Caroline has the information from the State that she could send to Krystal to forward to the Board members.  They would then be able to compare this info with their ordinances.
CEO Report
        No report

Approval of Minutes

Approval of Bills:
        No bills.  David reported that the shore land mapping has been completed as discussed at the last meeting.  The estimate is very close—just $65 to the positive.  Jim asked about getting the map, and David A said that Krystal is taking care of it.  Jim asked if there would be additional printing costs.  David A said there was some money for printing.  Caroline wondered if they would have a meeting with J.T. to present the maps.  Other Board members thought that it would be good to have him when the Town Attorney’s rep meets with the Board.

        The Maine Indoor Air Quality Council – Wed, June 24th at the Augusta Civic Center - how to interpret mold test results
        Keith mentioned being careful about the signage for the subdivisions.  They’re buying these signs through the Town.  They’re not paying the sales tax, and it comes out of the highway budget.  Jim stated that this is not up to the Board.  Keith wants to make sure the applicant doesn’t do this.  Caroline asked if the Road Commissioner could make this part of his work.  Keith said that they’ve tried.  David S asked if the signs were going to look different.  Keith says they show them the book that includes the signs.   Keith wonders why the taxpayers should cover this.  Jim wonders how they’re directed to go to the Town for the signs.  Keith just wants to give them a “heads up.”  Jim and Caroline suggested that Keith be the one to remember to mention this.  Harry mentioned that they’d notify the applicants’ to be responsible for their signs.  

Other Business:
        Keith mentioned Maranatha Farms and wants to know how they continue to expand without coming before the Planning Board.  Some Board members agreed that several buildings had been added.  Jim said that Fred thought that as long as the number of dogs hasn’t changed, they were grandfathered.  David S mentioned that they have a whole new business in raising “duck hunter dogs.”  He didn’t think they’d done this before.  
        Was Fred able to answer the question about the outdoor storage with Narragansett Business Park?  They haven’t gotten an answer yet.  Jim extended the question to ask if all the dump trucks behind Dearborn’s are permitted to be there.  Board members felt that they would need to check further with Fred.  
        Board members had some discussion about whether they would need to meet in July.  Jere was thinking about the possibility of having a workshop one week and meeting one week a month that was mentioned last meeting.  The ordinance requires that a decision be rendered in 30 days.  Jere mentioned having no paid staff to go over things.  Caroline likes the idea because they don’t have planning time together.  Otherwise, the agendas should only be allowed to be a certain length.  Harry thought this was a good idea.  Jim mentioned every other month so they might be able to make the 30-day deadline.  He doesn’t think they’d need to have it every month.  Harry mentioned that Caroline’s point is a good one in that ordinance changes are like the poor stepchild that always gets pushed aside.  Jere thought that the economy was contributing to less business for the Board.  Jere mentioned talking with Krystal about the chairman reviewing the agenda the Wednesday night before the meeting to determine what will be on the agenda.  The posting is of concern.  There was some discussion about whether four nights is enough time for the posting.  David A mentioned that the Board taking that discretion is not right when people have done a lot of work to be on the agenda.  Caroline likes the idea of having a meeting and then a workshop.  Keith thinks that if the agenda is limited to so many applicants, then the next person would be on the next agenda.  This is where they depend on Krystal, and Jim thinks she has a pretty good handle on it.  David S mentioned a 5th Monday could be used to workshop.  Jere mentioned doing some things in the winter when things are slower.  Jim doesn’t think they can make it official but would like to have some flexibility to workshop some months.  Now, they see themselves as a review board rather than a planning board.
Krystal – ask J. T. about statutory regulations regarding a comprehensive plan – do they have to be done in a certain time?  To qualify for funding?  Keith thinks it has to happen every 10 years.  
        If there is something contentious, Jim thought, it might go back to the Town’s Comprehensive Plan in the Courts.  There was some discussion about something that happened in Scarborough.   Buxton has a Comp Plan even though it is outdated.  Where are the Selectmen on this?  Keith was told that they needed one more person; Keith applied and was told that he wasn’t needed.  There was a question about whether there are a required number of people.  The Town needs help with the Comprehensive Plan Committee.  Jim mentioned David S’s idea about two meetings and a workshop when there are 5 Mondays.  Jere mentioned every couple of months they do an extra meeting – David A mentioned “as the need arises.”  
        Jim asked about the budget?  Harry stated that they’d work on when to hold a workshop and would start by having one in August.  Jere stated that if there’s a light agenda, they could adjourn to a workshop.  They could vow to come at 7 and not leave until 10 p.m.  They’d need to determine some goals and directions for the August meeting; they could set an agenda.  Jim wondered if they would approach it systematically or look at people’s “pet peeves.”  David A mentioned looking at things that don’t pass at town meeting.  Jim mentioned it would be helpful to review the changes and make them clear in the public record.  The cluster subdivision needs work, Jere stated, which would be quite a bit of work.  
        Jere mentioned impact fees that David A had talked about at a previous meeting.  They work in some places for a specific purpose.  Jere thinks the town is lacking playing fields – recreational fields.  There is about 200 acres here, and there is capacity for only 80 cars at Town Farm Park.  Keith says that at some point the Town is going to have to do it.  If it were a business, they would have to do it.  David S doesn’t think we can be compared to Gorham because our school system is an SAD.  Jim mentioned a subdivision of a certain number of homes might set aside some land for a ball field or something like that.  If you went with impact fees for subdivisions, developers would build less than the number decided.  Jere thinks that a developer would pay an impact fee no matter how many houses they’re going to build.  Caroline mentioned that you could only do it for 10 years.  Most of the municipalities around have them.  Jim doesn’t think a lot of the other towns compare with Buxton.  
        Trustees of Town Farm should come before the Selectmen to ask for the money for a new parking lot.  Keith thinks that you might have someone who is border line in being able to afford a house where the impact fee would make it unaffordable.  Jim thinks this is what puts us on a par with towns like Limington, Standish, etc.  Jim feels you want to consider what makes Buxton, Buxton.  David A mentioned the uniqueness of the Town with many more services offered than surrounding towns with fewer taxes.  That gives the Board some wiggle room.  It was thought that people with children move in from more urban areas, so they should help support the services they’re asking for and are being generated by the Town.  Jim suggested 200 hours of community service for the person struggling to have a home in Buxton.  Keith mentioned people starting out in mobile homes and then progressing to bigger homes.  Compared to neighboring towns, the taxes are half.  Jere thought they should have a fee for recreation and then fight over the amount.  In August, they could talk about cluster subdivisions and impact fees.  Caroline asked if it is okay to bring a couple of ideas.  David S suggested spending some time on the 22nd or 29th to talk about this so they’ll be ready to go during the 5th Monday in August.  Caroline asked if everyone is reviewing the Findings of Fact.  She reviews them, makes notes and sends them to Krystal.  Jere thinks they review them at a meeting.  The bylaws say the Board has to review them.    

Motioned by Caroline, seconded by Jere, to adjourn the meeting at 8:06 p.m.  All voted in favor.

Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date

Town of Buxton
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