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Town Seal
Planning Board Minutes 02/23/2009
February 23, 2009

Recorded by Hilda Lynch

Board Members Present:  Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; James Logan; and David Anderson

Board Members Absent:  David Savage, Sr.; Caroline Segalla

Others Present:   Robert Lowell (American Journal), Pam Randall, Shawn Randall, Gregory Roy, Jill Roy, Brian Gaines, Charles Altenbern, Diane Fitzpatrick, Patsy Leavitt, Bill Thompson (BH2M), Robin Martin, Sue Stack, Andrea Gooch, Fred Farnham, Pat Leavitt, Jason Gooch, Charlie Brown, Shawn Franck, O’Neill Morrison, Louise Morrison, Ira Stockwell, Susan Williams, Francesca Latauriec, Casey Gray.

Chairman Harry Kavouksorian called the February 23, 2009, meeting of the Buxton Planning Board to order at 7 p.m.

Pledge of Allegiance

Public hearing for Robin Martin of 142 Depot Street is requesting a conditional use permit to
operate an in-home day care; Tax Map 15, Lot 37A.
  • Motioned by Keith, seconded by Jere, to open the public hearing.  All voted in favor.
Robin said she’d like to have 12 children in her day care and should be getting her license shortly.  A site walk was held on February 1st.  Harry asked if she were able to get the info to Fred about the septic, and she said that she did get the information that was needed.  
Harry asked if there were any questions or comments from the Board, abutters, others in the general public, or from Fred.  There were none.
  • Motioned by Keith, seconded by David A, to close the public hearing.  All voted in favor.
Harry read the Standard Conditions of Approval:  
  • All elements and features of the application and all representations made by the applicant concerning
the development and use of the property which appear in the record of the Planning Board proceedings are conditions of the approval. No change from the conditions of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
        2. That the applicant be in compliance with all applicable provisions of Article 8.2.B & 10.
        3. That the applicant be in compliance with all applicable provisions of
   Section 11. (if applicable)
        4. All outstanding bills paid before building permit is issued.

Additional Condition:
  • Show proof of the day care license from the State.
  • Motioned by Keith, seconded by Jim, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable).  All voted in favor.
  • Motioned by Keith, seconded by David A, to approve the application with the conditions stated and from previous meetings.  All voted in favor.

Jill & Gregory Roy of Raymond are requesting a Conditional Use Permit for Animal Husbandry for 68 Cemetery Road, under Articles 8, 10 and 11.3; Tax Map 2, Lot 36-5.
        Jill and Gregory Roy went to the podium to speak about their application.  Harry said the Board had been on a site walk on February 15, 2009.  Harry asked if the Board had received additional information, and it had appeared on the Board’s table this evening.  Members hadn’t had a chance to review it.  Jim had a chance to glance at the plan – shows 112 ft. to the neighbor on the left.  The area from the paddock appears to be less than the 100 ft. required.  He asked if they had reviewed the ordinances.  Jim says they didn’t show the dimensions to the paddock being over 100 ft.  Greg said it was a very basic plan when he sketched it out.  He mentioned the dotted line being an overhang so Jim asked him to spell this out on the plan.  They haven’t had a chance to review the material submitted.  Jill said they submitted this earlier in the week.  It must have come in after the packets went out to the Board members.  
        Greg says they re-submitted the application with changes.  They’re not storing manure on site but putting it in a covered trailer to be removed.  Harry read their response from their application.  Greg spoke with his neighbor about him taking the manure.  Harry asked Jim if he was satisfied with the manure removal.  Jim said his concern was about the 100 ft.  
  • Motioned by Jere, seconded by Keith, to schedule a public hearing for Jill and Gregory Roy for March 9, 2009.  All voted in favor.
Harry thought this would give them some additional time to go over their drawing and see if they have any further questions.  Jill asked why they haven’t had a public hearing yet, and Harry explained the process.  She said they were getting close on time.  He apologized that the process wasn’t clear to them.

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
        Pam Randall and Casey Gray came to the podium.  Pam spoke about wanting to have two horses, two cows, two pigs and two sheep.  The horses would be there all the time, but the other animals wouldn’t be there on a regular basis.  Harry asked if they had filed an amended application.  Casey said she sent in a second one and a new map.
        Harry stated that they did a site walk on February 15, 2009.  There were some questions about the lot.  David A asked the Board members that based upon the larger piece being broken up by family, there is a nonconforming lot that is now buildable.  What happens after the fact for a new well to go in on the acreage next door?  Do these people have to go back and adjust this?  Keith says that it would have to be the people who come after because these people will be existing owners.  Jim clarified the zoning ordinance vs. a State regulation.  David asked about someone having to put a well in a certain spot on their property.  The other Board members thought that it was whoever was there first.  David A disagrees from a public health standpoint.  Jim doesn’t think it is up to the Board to presuppose what hasn’t happened on an abutting lot.  David A thinks he will look into it further.  His question is not just about this lot but about others they may have to consider.  Keith says he doesn’t know what is going to happen on that lot.  Keith doesn’t believe it matters what case it is because he believes that existing people have precedence.  
        Casey asked how it is dealt with now for people who have less than an acre and have animals.  The Board members believe that some people have been grandfathered by the conditions that existed when they had their animals.  Jim agrees with David A to some extent about animal husbandry in a residential zone.  Jim is asking for the application to clarify what zone the property is sitting in.  He asked Fred to mention this to Krystal.  Harry did send a note to Krystal about this.  He would like it stated on the application.  
        Jim says that while animals did exist there in the past, they don’t exist there now.  It is germane to the planning board members to determine if animal husbandry is suitable for this zone.  It is tighter than normal for a residential zone.  He’s trying to tie together David’s concern with his specific question.  
        Jere and Jim had questions about a buildable lot there.  Fred says that he knows there’s one there because there is a house on it, the original farmhouse.  Jim wonders if this is a 3-acre zone.  Casey asked about the square footage for an acre.  She was told that it was 40,000 ft.  Jim asked Fred if they met the standard, and Fred says they do.  Jere goes back to changing the zoning in town; you would get back to the same situation.  It is only valid as current as it can be this evening.  Jere believes everything that happens now is grandfathered.  
        Jim asked about the sketch showing where the manure pile would go.  Casey said she dropped off a sketch.  They would like to do a covered pile for the manure directly behind the barn – between the ramp and the fence.  Harry asked if there were any further questions.  Jere asked if this plan would be sufficient for the majority of the Board.  Jim asked about the dimensions not being on the plan.  Casey explained that there was about 300 ft. on the Chicopee side, 124 ft. and 179 ft. on the others.  Jere said he would like to see the distance from the manure pile to the neighbor’s well on the plan.  Harry clarified what is being requested.  Jere asked if there was a mortgage boundary survey, and Casey said she received the numbers from it from Lou but he didn’t allow her to copy it.  Casey stated that it would be about three weeks before the Randall’s would have that.  Harry said they would be more comfortable with a drawing with dimensions.  Jim mentioned that she could get onto Google Earth to get more of a plan done, and Casey agreed that she could.  A requirement before the public hearing would be to get a new plan.
  • Jim motioned, seconded by Keith, to set a public hearing for Pam and Shawn Randall for March 9, 2009.  All voted in favor.
        David A commented on 11.3.E.  He said they need to limit the number of animals.  Can they state that they could have 8 total?  Harry clarified.  David clarified for Pam that they would never be able to have more than eight.  There was some discussion about the total animals and specifics to the species asked for.  Casey asked about the distance from the manure pile to the neighbor’s well.  Harry asked for some kind of description, also.
Narragansett Business Park, LLC, is submitting a pre-application sketch plan for an industrial business park off Route 202 (across from Waterman Road); Tax Map 8, Lot 20A.
        David A said he doesn’t understand why they’re entertaining this if there is no application.  Jere stated that they’d have to fill out an application.  Board members asked if they didn’t get in the application.  Jim stated that they got a packet from Sebago Technics but no application.  David feels they don’t have to entertain any discussion without an application.  He is concerned about the setting of a precedent.  Mr. Leavitt apologized that the Board didn’t receive an application, and they’re not looking to do this without the application.  He thought the form had been filled out.  Maybe it just wasn’t included in the packet that was submitted.  
        Harry asked about the reason some people in the audience were here.  Louise Morrison stated that they just want to be notified when these items were coming before the Board.  Jim stated that they would only be notified for the public hearing so they’d have to keep track of the Planning Board deliberations during the next several meetings.  She thinks it is the Town’s responsibility to notify them.  They received a courtesy notice and wanted to ask for another courtesy notification.  Jere said that they probably would not receive additional notice except for the public hearing.  Keith asked if they had a computer because he said that Krystal would have the agenda for the next meeting on the Town website a week before the meeting. Jim and Jere clarified the dates of upcoming meetings.

Patricia Leavitt of PMT Properties, LLC, is requesting to expand the existing Business/Commercial Zone back to the property line of Tax Map 8, Lot 20A.
        Patsy Leavitt spoke about her ownership of PMT Properties as well as now the Narragansett Business Park.  Her recollection from the last meeting was the ownership was in question, which the Board now has.  The other was the step in possibly putting this on the ballot.  Patsy showed by a map the difference between the business/ commercial and the part that is in the rural zone.  She is asking to have the lot squared off to include more of the property in the business/commercial zone.  She thought other things that came up were changing a plan that had been put in place and changing the character of the area.  She and some other business owners are asking to have the zone extended.  There are other places were the zone goes back further than 500 ft. from the road in Town.  She talked about a number of uses and was interested to learn that some activities allowed in the rural zone are business activities.  She mentioned that there are several businesses that could be included in the rural zone.  She understood that the Board would need to say either yeah or nay in order to let them know if they needed to move forward with a petition.
        Harry thought she had made an accurate assessment.  He asked if she had looked into how it would be considered as part of Buxton’s Comprehensive Plan.  She wasn’t that familiar with the Comprehensive Plan but thinks that Buxton needs to grow and grow well while preserving the character of the Town.  She doesn’t know the Plan that well.  Harry stated that the Plan hasn’t been updated very recently and that now they’re in the process of updating it.
        Jere stated that he didn’t believe this was in the Comprehensive Plan as an area for continued business growth.  There was some discussion about the Comprehensive Plan.  
        Jim spoke about legal counsel from the Town’s attorney, which left it very much up to the Board what they could ask for.  He mentioned that the wetlands were shown but he didn’t see any report about the kinds of wetlands.  Patsy said that if that were the requirement, they would comply.  Jim said that it was very much up to the Board members, and he thinks they’d like as much information as they could have.  Harry asked if her plan were to develop the area and then sell the lots off.  She said it was.  Given the absence of a specific use, would they be obligated to go through each of the potential uses?  She asked if that is what would be done for the Comprehensive Plan.  She asked about more of a conceptual use vs. a specific plan.  
        Pat Leavitt asked them to look at the plan before them, the uplands are there and many other things.  Jim clarified his need for specifics on the types of wetlands.  Pat thought that this was all that would be needed for just a zone change.  Jim took exception with “just” a zone change.  Jere mentioned taking a commercial zone and bringing it right up to a rural zone.  He thinks the Board should hear from the people affected, too.  Jere thinks that the way it is now provides a buffer between the commercial zone and the rural.  Jim clarified the way he saw it.  If anyone came before them to purchase the lot behind the commercial zone, they would have the same situation.  Jere believes that there is somewhat of a buffer now and that it is just being pushed back with their plan.  Patsy says that there are quite a few business uses for a rural zone.  Jim said that each of them would come before the Board.  Jim says they would have more latitude in a review with a rural zone.  There are no performance standards for a business in the commercial zone.  There are all of those uses she refers to, and each one of them has to meet the performance standards in the rural zone.  
        Pat wanted to point out that he’s tried to speak to the neighbors about their plans.  There was some discussion about the cutting of trees on this property.  Jere stated that if you walked 10 ft. off Calvin Libby’s lot, there would be no trees.  Jere said he can stand on his back porch and see the lights from Rt. 202 Trailer Sales.  Keith doesn’t consider it clear-cut.  Jim said that sustainable forestry doesn’t require leaving too many stems.  He asked if they could offer something to neighbors – to put trees in a conservation trust.  Pat stated that they want to do the right thing by the neighbors.  Where the people live is a long way from the land they’re referring to, he thinks.  Pat talked with Fred about it.  He would go over to the neighbors’ homes to talk with them about what they want to do.  
        Jim asked if it were appropriate to set a site walk?  Patsy spoke about having a forester do what they do on a piece of land that they own, and she doesn’t understand what that has to do with what they’re requesting now.  She is making a request to move a zone line back.  She knows there are some concerns about whether they can do anything with the land.  Her understanding is that this isn’t an application.  Jim thinks that two things are going hand in hand.  Harry asked if they wanted to do a site walk?  David A asked if it was appropriate because this isn’t an application.  Patsy is trying to get this on the ballot for June.  Pat asked if they needed a site walk for a zone extension.  Jim is asking because he would use the same kind of things he’d see to support a zone change as he would for a conditional use permit.  Keith says they never have done this.  David A wonders if a piece of property has to be suitable.  What right do they have as a Board to say that they don’t think it is suitable because it is a swamp – going to the extreme.  Jim thinks that they should have as much information as necessary.  
        Jere said that they have a number of neighbors here whom he would like to hear from.  Jim asked if this was going to have an official public hearing.  Jere said that if it is approved by the Board or if they get enough signatures, then there would be a public hearing.  Jere says there is no public hearing for this “request.”  Each Board member has to make a determination whether they think this should be put on the ballot.  Then, there would be a public hearing.  If the Board doesn’t agree it should go on the ballot, then the Leavitt’s would go out to petition.  Jim asked if this would be an informal public hearing and asked if it needed to be official.  The Board members agreed that they’d like to hear from the public.  Jere says that they’ve heard that the commercial businesses are in favor of this.  He thinks that they should open it up to the public.
        Harry asked if any abutters or members of the public would like to speak.
        An abutter asked about the kinds of wetlands.  She wondered if members of the public could have this information about the wetlands before a zone change would be considered.  Jim stated that once it gets submitted to the Board, then it would be available for any members of the public to review it.  
        Brian Gaines, #13 on the map, spoke about his concerns.  If this goes through as a zone change and this becomes a commercial zone, could they put an asphalt plant in there?  Pat stated that they couldn’t.  A manufacturing plant would be a conditional use permit.  Potentially, it could happen.  This would not change the potential for this use no matter what the zone.
        If you go back 1078 ft., it would encompass this neighborhood, Brian stated.  The neighborhood is not part of this change.  Harry pointed out on the map the area that wouldn’t change.  Jere clarified the area that would be affected.  Patsy explained it to Brian.  Brian asked about the flags all over on the other side of Partridge Dr.  Pat said they found that a lot of the pins were incorrectly placed when they had a survey done.  He talked with Fred, and the flags indicate where the pins should be.  Brian asked about the flag on the other side of Partridge Dr.  Pat said it could be just a reference point.  Brian said he is not in favor of the zone change.  He can see Rt. 202 and can hear the phone ringing at Dearborn’s.  He believes that this will be a continuation of what has happened already.  Mr. Dearborn cut trees to the corner of 202 and the Atkinson Rd.  Dearborn has filled in at the back of the Dearborn property, which now causes wetland on Brian’s property.
        Neil and Louise Morrison live on Rt. 202.  They want to maintain the rural character of the neighborhood.  There are a lot of residences in this area, and they are opposed to the change.
        Harry asked if the Board felt they had enough information to make a determination.  Brian mentioned that Patsy had included the back of these other owners’ lots.  He has the same questions as he does about Patsy’s property.  Jim says that Patsy has provided great information, but the others have not provided any information.  His question would be why he would change the zone.  
        The manager of A.J. Trailer Sales stated that this change would help them to use their property more than they currently do.  She supports the change.  They can’t use any of the back of their lot and have it all seeded over because DEP required it.  Only three acres can be used for a commercial zone.  Jim stated that DEP doesn’t care where the zone lines are; they had an enforcement issue that needed to be taken care of.  Jim says that what DEP does is important because of the regulation of the wetlands.  They could go back to DEP any time and take this land back.  This is separate from the question they’re considering.
        Jere received a call.  He said he couldn’t attend a neighborhood meeting because he had to remain neutral.  He wanted to disclose this to the rest of the Board members.  Any information was available to the public.
        Brian asked about the proposal for three lots hypothetically coming before the Board.  He asked if someone were to buy out Dearborn’s and Aceto’s properties, this could increase the business park.
        Jere thought they should talk about the Town Counsel’s questions they’d asked of him.  That’s where Jim got the information he used to address the Comprehensive Plan issue.  Jere just wanted the Board to consider what the Town attorney has said.  
        Keith motioned, seconded by Jere, to put the zone change on the ballot in June for PMT Properties.  Jim asked if this constituted an endorsement by the Board.  Jere said it wouldn’t.  Jim and Keith voted in favor; Jere, Harry and David A against.
Patsy Leavitt thanked the Board for their time.     

Normand Berube Builders, Inc., is proposing an 8-lot subdivision called Pleasant Ridge Subdivision located at Tax Map 8, Lot 40A.
        Bill Thompson spoke for Normand Berube Builders, Inc.  Harry mentioned that Keith was sitting out as an abutter.
        Since January 12, there have been a number of changes made.  The official name will be Pleasant Ridge.  The roadway name has been changed.  Bill re-submitted plans and addressed items brought up at the earlier meeting.  He addressed these items:  
  • Lots would be served by underground electric;
  • Final plans outline the well zones available for each lot;
  • Note 18 has been added outlining the ownership;
  • Note 19 indicating drilled wells would be by the developer;
  • Two trees have been added for each lot (deciduous trees);
  • A letter was sent to the Fire Chief for his input on the fire tank and a location was selected based on his input and is shown on the plan (10,000 gal. tank);
  • A letter was written to the Buxton/Hollis Historical Society and the Maine Historical Society and he hasn’t heard back from either (letters dated Jan.15); he’ll follow up with a phone call.  Jere mentioned that Brent Hill is the President of the Buxton/Hollis Historical Society;
  • The homeowner’s documents to manage the open space and any improvements that would need to be done; the important piece will be how it will be managed on the plan;
  • Enclosed a suggested deed description using Lot 1 as an example giving the ownership of the open space;
        10. A cost estimate based on the improvements that are shown on the plan as requested by the Board.  
        He wanted to discuss the density calculations and address this question.  Jim mentioned the question of vernal pools.  It was requested that they have a letter on vernal pools.  The fellow who needs to address this has been in Florida, and Bill has been trying to get it.  Jim cross-referenced the plans, lots 1 and 8 depict two suitable septic sites that are de-sloped units, and there is conflict with the Maine State Plumbing Code.  The way the boxes are indicated, the slopes are in excess of 20 ft.  Some clarification is needed.  
        Jere asked Bill to point out where the fire tank would be.  It would be located by the road across from Lot 1.  
        David A commented on an outstanding job of the open land paperwork Bill put in.  He thinks this should be used as an example as they go forward.
        There was some discussion whether this should go out to SMRPC or a State soil scientist.  The applicant generally picks up the tab if it goes to SMRPC or the State soil scientist would be at taxpayer’s expense instead of the applicant’s.  They asked Fred if he would be willing to ask for this.  The State soil scientist would provide technical assistance to code offices.  Jim feels compelled in this case because of the calculations on the lots and an e-mail they’ve yet to discuss.  Jim believes there is a complete package of soil information.  David A asked if they would be able to provide this in a timely manner.  Bill said they still need a storm water permit from DEP.  If it’s just a Permit by Rule, it’s just 14 days.  Jim asked if it would be a full review, which could go 60 days.  Jim asked if SMRPC has done this type of peer review in a timely fashion.  Jere said they could have it by next week.  If they decide to do it, then they should have Krystal send it out tomorrow.  The Board has given some leniency in the past – receiving info by the Friday before the meeting.  Bill would like to see what the State would say about the storm water.  
        Jere asked if a public hearing the fourth week in March would be acceptable.  Bill said that this would be the earliest.  He asked if the peer review would be initiated by Fred’s office.  Board members said they thought it should.  Jim asked if he wanted a final set of plans to be submitted, and Bill said he did, as he wanted to check the test pits that Jim referred to on the plan.  Jere clarified that the plans would be sent to SMRPC and the State soil scientist.  David pointed out a typo on the plan, which Bill noted.  Jim mentioned that he didn’t see a soil scientist stamp.
        Harry asked about an e-mail Bill wanted to discuss.  This is on the interpretation of density calculations – what the ordinance is asking.  Someone on the Planning Board asked about it, Bill stated, and it went to the town attorney.  Bill thought it had been answered satisfactorily in January.  Did they deduct the full right of way was the question?  The ordinance did not specify this.  It has been asked of Bill Plouffe, and he responded that it does not exclude the road right of way.  He suggested they do not exclude the total right of way.  The paved portion may be as little as 20 ft.  The better interpretation, he said, would exclude the 50 ft. right of way but is open to interpretation by the Board.  Jim asked for a plan, which depicted whether it did or did not exclude this.  He couldn’t determine what was picked out as excluded and what was not.  He doesn’t think he has the information he asked for.  Jim asked Fred how other projects in town have been handled.  He stated that this is how the question was raised of the town attorney.  He noted that 8.02 lots were a little too close for him.  He has a feeling that the property probably creates seven lots rather than eight.  Bill said that 8.02 equals 8.  People in his firm have done these calculations many times and have still come out with 8.  Bill apologized for not supplying the 33 percent slopes that Jim had asked for.  He could provide that.  They’ve certified that this plan would produce 8 lots.  The Town’s own legal counsel says that this is an area that is open to interpretation.  Jim clarified his thinking on the road being deducted.
        Fred began to think about this.  He began to think about why the people writing the ordinance would put it differently in a cluster subdivision versus a subdivision.  For a cluster subdivision, we’re taking in and subtracting the types of soils.  It’s not just concerned with area but the quality of the land.  Why they inserted the road as shoulders and drainage ditches, he thinks that they’re taking out impervious surfaces.  The ordinance wasn’t just interested in area but the quality of the land.  He thinks the Board might want to put the cluster development in the subdivision rather than a separate conditional use.  Bill mentioned the area that doesn’t get disturbed.  Other towns, for cluster subdivisions, have a different approach.  He spoke about why the rest of the 50 ft. right of way is in there--for a gain – a bonus – to bump up the area of the land.  Why does this specify road, ditches, and shoulder?  ll.6.B.4 refers to this.  Jere asked if they still have eight lots for a conventional subdivision.  Bill says they do.  He says they can’t discount what the attorney starts with and then goes on to say.  It is common in ordinances that there is conflict, Jim says.  The more restrictive one is the one that applies.  If everyone is comfortable, he believes they should move forward.  He believed that Fred was in support of what BH2M has done.  He’s never worked with one that has allowed the developer to subtract out what has been done in this case.   The wording doesn’t seem right.  Jim asked if they were comfortable with the methodology that the applicant used.  Keith asked about the Town ownership of the right of way.  Keith believes that the 50 ft. right of way should be deducted.  The ordinance is totally against Jim’s gut feeling.  David thinks that Jim’s way is the right way, but he has to go by the language.  Jim believes that 11.6.B.1 is in conflict, and the attorney believes this as well.  Bill says that this is their starting point – the density calculation.  Subtracting out the right of way is what is done for a subdivision.  There was more discussion on what has been done in the past.  Fred says there are actually three cluster subdivisions.  Jim asked if they subtracted out the whole right of way, would they have only 7 lots; and Bill said that was so.  Harry stated that the language is the language and dictates how they must proceed.  Jim wants Board members to know that they’re disagreeing with what the Town Counsel states.  Jim thinks it needs to be considered for future ordinance changes.  Fred mentioned that it could state “road right of way” quite simply.  
Plans will go out for review once Bill re-submits the plan with color-coding of the 33 percent slope.  The plan will also go out to the State soil scientist.  Bill will get it to Krystal within a day or two.
Jere asked about the Blueberry Ridge subdivision.  Bill said they’ve had a preliminary meeting with Gorham, a meeting with DEP this morning, and the Plan is at SMRPC for their review.  He’d like to come back here with this Plan in April.  

CEO Report
        No report.  
        Keith asked about day cares – how do they come before the Board.  Do they see them all?  Yes, Fred says, the ones that he knows about.  A woman on Cemetery Rd told Keith that she didn’t need to come before the Board.  Keith will give Fred the name.  There seems to be another day care in the Butternut Hill Estates subdivision, Keith thought.  He thinks there is a sign.  Fred will check on it.  

        Harry stated that the Board would be taking a break for about 5 minutes.

Approval of Minutes:
  • February 9, 2009 – Motioned by Jere, seconded by Jim to approve the minutes as written.  Four in favor; Keith abstained.
  • Workshop of February 2, 2009 – Harry motioned, Jere seconded, to accept the minutes as amended.  All voted in favor.
Approval of Bills:
        Two bills for $2520 have come in for the zoning updates.  The only reason he was going to hold off was he wanted to give the paid to date, total balance due, and the net remainder of dollars budgeted information to the Board.  He doesn’t have the information this evening.  Jim asked about the status.  From what David is reading; he thinks they are pretty well done.  David says they haven’t gotten some of the information yet.  Jim wants to see any ordinance text changes.  Jim asks if they could request some information.  Jim asks to see the zoning text changes.  Keith says they could ask to have them fixed at no cost if they didn’t like them.  The Board agreed to wait.

~A copy of another harassment letter has come from Kelly Weymouth.  It looks like the police have issued some summons, but it hasn’t solved the problem.  David thinks it has turned into a habitual harassment situation.  He doesn’t think the Board has any jurisdiction.  They’ve gotten the letter because Fred has gotten it.  David A can’t believe that it isn’t being followed up appropriately by the people who should be dealing with it.
        ~Free SMRPC workshop on historic preservation
        ~Overview of impact fees, which would involve some ordinance changes

Other Business:  Alma York, who has an approved in home day care for school age children at 455 Long Plains Road, is requesting to change her Conditional Use Permit to infants, toddlers, and pre-school age children; Map 3, Lot 49-1.
        Harry stated that this would require her to prepare an application and come before the Board.  Jim thought it would only require her to provide her State license for the number and ages of children.  David and Jere thought they would be satisfied with her amended license.  Jim asked if it would be beneficial to have Fred do an inspection.  There were no extenuating conditions.  It would be just a different age group.  Krystal will contact her for a copy of her updated State license just to prove that it changes the ages of the children.  The application states that people come back if there are any changes, Jere mentioned.  The Board members don’t have any issues with it.

Time permitting, the Board will go into a workshop session.
        Harry suggests postponing any changes until the full Board is present.  Next Monday, Jere states, they should have a meeting on this.  Keith thinks they should have a workshop next Monday.  Harry wants to make sure they have things in on the right dates.  David says the dates he’s provided to the Board are pretty much safe dates.  Articles have to be in to the printer for the Town Report.  He worked backwards from the Town Report for dates.  There was considerable discussion about the amount of time needed in order to get things into the Town Report or on the Warrant.  Jere believes they need to be concise and work quickly at their next meeting.  They need to prioritize, Jim thinks.  Jim thinks they would like to make changes before looking at additions – net residential acreage, fuel storage and cluster subdivisions would be a priority for him.  Windmills could be number 4.  Impact fees would be a separate meeting.  Keith doesn’t want to put in impact fees that will cost people a lot more money for a house.  
  • Motioned by Jere, seconded by Keith, to hold a workshop to discuss ordinance changes on March 2, 2009, at 6:30 p.m.  All voted in favor.  
This meeting will be open to the public.  Krystal will need to post tomorrow.  

  • Motioned by Keith, seconded by Jere, to adjourn the meeting at 9:40 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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