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Town Seal
Planning Board Minutes 02/09/2009
February 9, 2009

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:  Caroline Segalla  

Others Present:  Robert Lowell, Pam & Shawn Randall, Robin Martin, Sue Stack, Gregory Roy, Casey Gray  
Chairman Harry Kavouksorian called the February 9, 2009, meeting of the Buxton Planning Board together at 7:01 p.m.  The Pledge of Allegiance was said.

Discussion of site walk for Robin Martin of 142 Depot Street who is requesting a Conditional Use Permit to operate an in-home day care; Tax Map 15, Lot 37A.
        Robin came to the podium, and Harry asked if Board members had any questions or concerns.  All were favorable towards the site walk.  Harry asked if she wanted to amend her application to include 12 children.  She said she did.  The Board is in receipt of her memo about her plan to deal with the septic system.  Jere asked if there was any requirement that a field be re-done if the tank had to be pumped so many times a year.  Jim said he knew of two towns that had particular ordinances around septic systems.  Harry asked if she were able to find a receipt, and she said she would drop it off with Fred.
  • Keith motioned, Jim seconded, to set a public hearing for Robin Martin for the in-home day care for the February 23 meeting.  All voted in favor.
Jill & Gregory Roy of Raymond are requesting a Conditional Use Permit for Animal Husbandry for 68 Cemetery Road, to be reviewed under Articles 8, 10 and 11.3; Tax Map 2, Lot 36-5.
        Gregory Roy spoke about their offer for the house on Cemetery Road and as a contingency they wish to bring their horse to the property.  They’ve sold their house in Raymond.  They’ve prepared a site plan with setbacks, pasture, etc.  Harry asked if the plan had the neighbors’ wells on it.  Greg said he hadn’t yet because he was hurriedly trying to get the plan in last Monday.  Harry stated that they’d need to see that prior to a site walk.  Jere asked if they had the property under contract.  Greg said it is a “sure sale.”  They’re awaiting bank approval.  Board members felt they needed to see some paperwork regarding the sale to show that he had standing before the Planning Board.  Greg said he could provide this.  Jere said they could white out any monetary information.  Keith asked if it were a 2-acre lot.  It is 1.84, Greg says.  Keith asked Greg to write out the explanation on items listed as “Not applicable” on the application stating why these items are not applicable.  Greg verified the items and said he would have his wife look at it.  Jere gave an example of what they were looking for and referred him to Krystal.  David A said his question had been answered.  Jim complimented Greg on the site plan.  He mentioned the manure storage pile being in the corner of the lot; he also mentioned the 300 ft. distance to his well and will be important in regard to the abutters’ wells.  He specifically mentioned lots in the rear.  Jim asked if the diagram is to scale.  Greg said he put a little scale on it.  Greg said they measured the distances to the well and the adjacent houses.  Jim will be interested in the distances to the wells and that this is pretty critical to this application.  There are one or two house lots in the rear that might be affected.  Jim talked about finding the wells in this weather.  Harry asked if they had enough information to set a site walk.  Board members asked if he was applying for one horse.  Greg said his application was for two, although they only have one.  It was stated that he should keep his application for two.
  • Keith motioned, seconded by Jim, to hold a site walk of the above property on Sunday, February 15, 2009, at 8 a.m.  Five in favor, David S opposed.
        Greg asked about getting documentation to Krystal.  David S asked if there is a time later in the day when he could be there.  Greg said he could meet him there at 10 a.m.   

Pam & Shawn Randall of Westbrook are requesting a Conditional Use Permit for Animal Husbandry for 314 Line Road to be reviewed under Articles 8, 10 and 11.3; Tax Map 2, Lot 36-5.
        Casey Gray, who is working for the current owner and is an abutter, spoke.  David S asked if it was the Christmas farm.  She said they’ve had animals there before.  David asked if it was four acres.  Casey stated that Lou had a survey that indicated it was about 3.15 acres.  She thinks the rural zone ends somewhere on the Chicopee Rd.  There was some discussion about a neighboring house.  Casey thinks the property line is about 300 ft. from the house.  Their well sits in the middle of their front yard.  Jere would ask for documentation on ownership – under contract – a statement from Lou saying it is okay for the Randall’s to be here.  They’ll need a statement saying that they will buy the property if the permit is approved.  Pam said they would have mostly animals for 4-H – two horses, a cow or a sheep – others would be seasonal animals, not there year around.  Harry thought they’d need a specific number.  Jim says they couldn’t give them an open ended approval as a Conditional Use in a particular zone.  They’d have to be specific about the number of animals and species.  Jere said they could have less than the amounts they apply for but not more.  Keith says she would want to think about what they might want to be doing later so they won’t have to come back.  David A mentions updating the application to be specific about the amount of acreage.  Jim mentioned the narrative – suggests applying to have the animals in the new house.  He wanted to know if there was a space to have the animals.  Casey said there was a barn.  Jim mentioned a plan where the animals would go and where the manure storage would be relative to theirs and abutters’ wells.  Jim would like to see this on their drawing.  He thought they might want to go back to the Code Enforcement Office about this.  Harry clarified that they would need the distances to the abutters’ wells, etc., and a drawing of the layout of the lot.  Harry asked if they could set a site walk.
  • Jere motioned, seconded by David A, to hold a site walk for Pam and Shawn Randall on Sunday, February 15, 2009, at 8:30 a.m.   David S asked if she could come back when he would be available, and Casey said she could.  All voted in favor.  
Keith asked if the dirt road across the street was plowed out wide so they could park there.  It isn’t always plowed, Casey said.  She thinks there is adequate parking for three or four vehicles in the driveway.  .

CEO Report
        Fred was not present.

Approval of Minutes:  January 26, 2009
        A few corrections were noted by Harry.  
  • Motioned by Jere, seconded by Keith, to accept the minutes as amended.  Five voted in favor; David S not voting as he stepped out for a moment.
Approval of Bills:
David A received a bill from SMRPC, but he will do further research before submitting the bill at the next meeting.

        Harry has a couple of communications to give out at the end of the meeting.

Other Business:
        Findings of Fact:  Access Health, Inc.
  • Keith motioned, seconded by David A, to approve the Findings for Access Health, Inc.  Five voted in favor; David S had stepped out for a moment.
        Jere asked about setting another date regarding ordinance changes.  They will wait for Caroline.  Jim asked if there is any more news on the comprehensive plan.  Keith says Dan won’t call people and speak to an answering machine.  David A asked if this was about people proposing to join the committee, and Keith stated they could easily do this.  
        David A believes that timeliness is a factor they should consider for ordinance changes.  Jere thought they could come up with a couple of dates.  Jim mentioned that an abbreviated agenda such as tonight’s meeting might be a possibility to use for ordinance review.  Board members didn’t think the next meeting would be too busy.  If the meeting goes too long, they could have an alternate date.  Jere asked if they wanted to hammer some out tonight, but Jim thought they shouldn’t because they hadn’t announced it.  Jere talked about the time frame and the concern that they would run out of time.  The following Monday, if necessary, can be discussed at the next Planning Board meeting.  It was suggested that Krystal put it on the next agenda under Other Business – time permitting.  There was some discussion of the timeline requirements.  Tentatively, they talked about meeting the Monday after the next meeting if needed.  Jim encouraged members of the public to come to meetings regarding ordinance changes before it is too late.  

  • Motioned by Keith, seconded by Jere, to adjourn the meeting at 7:42 p.m.  All 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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