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Town Seal
Planning Board Minutes 11/09/2009
November 9, 2009

Recorded by Krystal Dyer

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

Board Members Absent:  none

Others Present:  Eric Pooler, Shanna Bartash, William Thompson, and Code Enforcement Officer, Fred Farnham, Louise Morrison and son.     

Vice Chairman Jeremiah Ross, III called the October 26, 2009, meeting of the Buxton Planning Board to order at 7:00 p.m.

Pledge of Allegiance

Normand Berube Builders, inc. are proposing an 8-lot cluster subdivision, located off Portland Road; Tax Map 9, Lot18A-1.
Bill Thompson of BH2M informed the Board of the site walk held on October 30th.  Most of the information came from the Soil mapping and wetland components from this undeveloped site.  Soils Scientist Mark Hampton attended the site walk.  The ordinance specifies high intensity soil mapping B level.  The work that was done at early submission exceeded the class B levels.  Hampton reviews the area again.  Some of the areas marked “poorly drained soil” went right into a well drained soil, with no transitional zone.  The soil mapping has been updated with more ban levels and around pond and behind the lots on the left side.  Still over 8 lots and exceeds the requirement for the ordinance of the class B high intensity soil survey.  Mr. Thomson feels they have exceeded the ordinance requirements and the map has been adjusted.  The other discussion was centered around the open water and the mapped wet lands and whether it is a wetland of special significance and if it is; is it subject to a 75 foot setback.  Emails back and forth with Mike Mullen and Mark Hampton will have a site visit on Thursday the 12th with John McClain.  Mike Mullen’s last email said “if the wetland can be shown to be a man made pond it is possible it would not be regulated as a wetland at all and therefore would be no setbacks”.  Mr. Thompson will get a letter after site work.  There was some discussion and a request by a neighbor, for some plantings along the perimeter of lot five and thought there might be some headlight glare from the hammerhead.   The applicant would entertain planting evergreen type plantings in this location.  Mr. Thompson sent the plan off to the hydrogeologist for a nitrate study, which was requested giving the evidence of ledge at approximately 18”to 20” down.  
Questions from the Board:  David Anderson - unable to make the site walk, but walked out through on his own.  Caroline Segalla - the soil mapping not done originally was it over looked?  In the class B soils survey, some of the elements that where changed perhaps were not required, but around the pond was an oversight and we have a soils map now.  Mr. Maclaine from Maine Department of Environmental Protection will determine if the pond is manmade and calculations for storm water will be submitted in a letter.  Note #10 on sheet five – If this is not a wetland of special significance there would not be any buffer and we could discharge, he doesn’t  think there is any buffer – and it would discharge right to the edge of the wetland.  If not it would be a 75 foot buffer, but a permit by rule to be within 25 feet.  Jim – pointed out the discussion of whether it was manmade or not where previously it was whether or not it contained more than 20,000 sq. ft. of emergent vegetation.  Due to the cattails it does have more than 20,000 sq. ft. emergent vegetation and Jim would love to see the report.  Keith- said the knoll looked pretty good, but his main concern is that the road still has to go straight through.  Jere and David S. had no comments at this time.  The Board will wait for the results from DEP and then proceed with sending off for peer review and public hearing once the information has been received.

Submission of information of the Shirley May Roberts Subdivision by adding an additional lot at 97 Henry Hill Road; Tax Map 3, Lot 34-3-2.
        Eric Pooler conditions – Road Commissioner once land is cleared, will inspect periodically.  Mr. Pooler has submitted the following:  A letter of road width and gravel being used.  Notified the Selectmen and have approved the road name of Acadian Lane.  Chief Mullen submitted for the location approval of the fire tank.  An easement for the water tank, signed witnessed copy, but is not notarized yet and will then record at registry of deeds.  A soil erosion control plan has been submitted also.
Questions from the Board: David A. - feels Mr. Pooler has done everything the Board has asked for.  Caroline said once the easement deed is recorded it can be tied to the building permit.  Jim, Jere and David S. where all set.   
Once the easement is finalized, the signed plans can be released to Mr. Pooler to take to the registry.  A copy of the easement would be submitted and be cross reference to the deed in both files.  

CEO Report:  Fred had no report this evening.

Approval of Minutes:
Minutes of 10/26/09 – Motioned by Caroline, seconded by Jere, to accept the minutes as amended.  Six voted in favor.  Harry abstains.
There was some discussion on conventional vs. cluster subdivision.  The Board will continue discussion at a later time.

Approval of Bills:  
Portland Press Herald for legal notice for Emery & Daigle applications.  
  • Motioned by Jim, seconded by Caroline to pay $66.12 to Portland Press Herald.  The motioned passed with a 7 – 0 vote.
SMRPC shoreland zoning updates 40 hours of JT Lockman’s time for the last review $240.00.  It will be paid under the new budget.  
  • Motioned by Jere, seconded by David S. to pay SMRPC.  
Discussion: Jim would like to hold payment until final workshop.  
The motion passed with a 7 – 0 vote.

Site location tier one alteration- contact Gorham for final approval for meeting here, in regards to the Blueberry Ridge Subdivision.

David addresses the payment once the year end was complete and thought the Boards budget would have a $2,500.00 carryover.  David was given approval to carry over money from 2008 into 2009.  David A. Planning Board Treasurer was working on the assumption that we got that carryover.  We are now slated for an adjustment for the 2009 fiscal year expenditure voted on at the special town meeting on November 18th in the amount of $2,134.00 adjustment to revenue.
        Will this affect our consulting fees for this year?  Jere does not feel the estimate from SMRPC was a true figure.   It was a slight overrun on the 2009 fiscal year, around the $500 over.  The Board had reduced the budget amount in 2009.  Some further discussion on future budgets.  Jere would like to thank Treasurer for his expertise and time and effort.

Contact JT with Caroline’s mark-ups and then schedule workshop
Land use books – order 2 new books
Submission of photo of Pleasant Ridge

Other Business:
        Review findings of facts for the following:
  • Shirley May Roberts Subdivision Amendment – Caroline said the applicant submitted everything except item #8 the easement deed.  Is tied to the building permit.  The Board decided to wait on approving the findings at the next meeting when the easement deed is been submitted.
  • Waterman Mill Estates Amendment – Caroline motioned to approve the findings of fact for Waterman Mill Estates Amendment, seconded by David A. With no discussion the motion passed with a 6 – 1 vote with Keith opposing.
  • Review proposed Shoreland Ordinance Changes, Map and Zoning Map.  Previously the Board agreed to invite JT Lockman of SMRPC and the town’s attorney to a workshop to discuss the most current changes.  
Caroline said there are two items on the draft ordinance that she thinks the Board can make a decision on is page 35 the Consent agreement issue – Page 38 – Section 5.8 Special exception – Caroline said the Board decided to keep it,  but made a sample form so if someone has to go through that process than they have an application.  Harry recalled that the Attorney was not in favor of a consent agreement.  Harry asked why?  Discussion of the Board:  Caroline said the attorney didn’t feel that DEP should be advising the town on how to deal with the issue.   David A. thought the Board of Selectmen should get a peek at it.    Jim said that in his experience that the Town official’s don’t know what should be done to come up with an agreeable amount to bill someone for a mistake that was made.  Keith said there should be a formula to determine the amount for the fine.   Jere said it should go to court and be decided there. Jim clarified that the Board has officially decided to keep special exceptions for single family dwellings in the Resource Protection Zone on non-conforming lots of record when they have no structure in the changes.  And this form would make it so the applicant would come before the Planning Board instead of the Code Enforcement.  Caroline will draft a form for Section 5.8.  

The Board agreed to send the draft Shoreland Zoning Ordinance to town council for final review.  Once approved by town council, the board will hold a public hearing and then will be ready to be accepted at a special town meeting in 2010.

The Comprehensive Plan Committee would like the Boards suggestion for the comp plan – The Comp Plan Committee will be requesting to meet with the Planning Board members.  Will discuss items at the next planning board meeting on November 23rd and give to Caroline and she will pass on to the Comp Plan Committee.
  The next Comp Plan will be December 9th.  
  • Motioned by Jim, seconded by David S., that the meeting be adjourned at 8:15 p.m.   A unanimous vote.
        Approval Date:  ______

_________________________________                _______________
    Harry Kavouksorian, Chairman               Signature Date

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