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Town Seal
Planning Board Minutes 12/14/2009
Town of Buxton Planning Board
                               Minutes for December 14, 2009 at 7 pm

Recorded by Krystal Dyer
Board Members Present:  Harry Kavouksorian, David Savage, Sr., Jeremiah Ross, III, Keith Emery, Caroline Segalla, and David Anderson.

Board Members Absent:  James Logan

Others Present:  John & Ramona Snell, Leo Menard, Code Officer Fred Farnham, Michael & Winter Robinson, J.D. Williams and others (see sign in sheet).

Chairman Harry Kavouksorian called the meeting of the Buxton Planning Board to order at 7:01 p.m.

Pledge of allegiance

John and Ramona Snell of 1000 River Road are requesting a conditional use permit to convert their dwelling into a multi-family unit; located on Tax Map 5, Lot 33.
Ramona & Peter Snell presented the plan to convert the three bedrooms on the second floor of the farmhouse into a one-bedroom apartment for their son.  There is an existing apartment on the left hand side, in what used to be the stable, which creates the multi-family.  The septic plan was complete when the first apartment went in.  The only physical change to the outside would be the addition of one dormer window for ventilation.   The number of bedrooms in the main residential home will be reduced from three to one.  There will be the same number of people living in the building, they are just separate the living spaces.  There is an existing outside access to the second floor. The parking is not an issue they have ample space.  

Questions of the Board: David Anderson has no concerns.  Caroline – confirmed her interpretation of multi-family in Section 11.17E.  The original lot is a two-acre lot, but there is abutting lot that has an additional 38 acres. Both parcels are located in the Village zone.  Caroline confirms that the first unit requires 80,000 sq. ft. and each additional unit would require 40,000 sq. ft. for a combined total of 160,000 sq ft., which meets the criteria with lots 33, and 33B combined.  Questions if sprinklers are required for a multi-family or a Fire Marshal or Fire Chief inspection?  The Board is requesting a letter from the State Fire Marshal, however the Board agreed the local Fire Chief would be sufficient.  In section 11.17.F the maximum allowable square footage of the apartment is 600 sq ft.  Also in 1997 Subsurface Wastewater Disposal (SWDS) required information from the abutter, because the fill was on or crossing the property line.  Caroline would like a note from the abutter or a signed letter granting permission as was done with the 2006 septic plan.  Keith said they would not need sprinklers, because they have two fire ponds on the property.  David S. clarified that Section 11.17.F requires a “minimum” of 600 sq. ft. not maximum as previously stated.  David also asked what the total number of bedrooms with the two apartments and house.  Ramona answered a total of three.  Jere requested for the square footage calculations to be added to the plan; brining it in compliance with Section 11.17.F.
The Board discussed doing individual site walks to review the parking.  All the inside constriction changes will be inspected by the Code Officer.
  • Jere motioned to Schedule a public hearing for John and Ramona Snell of 1000 River Road, Tax Map 5, Lot 33, to convert single family dwelling unit into a multi-family unit at 7 p.m. on January 11th, seconded by David S.  The motion passed with a 6 – 0 vote.
Holly Gray, who owns property off Simpson Road, has submitted an application for a lot split requiring subdivision review; located at Tax Map 11, Lot 39-1.
Leo Menard of Allen & Seavey Realty is representing Holly Gray.   The original 97-acre parcel of land belonged to Mr. Boucher.  Holly Gray purchased the land on February 8, 2008 in two parcels.  One parcel was 80 acres the other is a 10-acre parcel, Mr. Boucher retained the remaining 7 acres.  The applicant is now dividing the 10-acre parcel into two building lots within a 5 year time period, creating a subdivision.  The second map indicates the wetland delineation as well as two Soil test pits and upland buildable calculations on each lot.
Questions from the Board: David A. asked if the Saco River Corridor Commission should review the application or has to grant approval.  Keith believes they control within 1000 feet from the Saco River.  The Board would require a letter from SRCC before.  Jere said that it’s up to the applicant to prove that the property is not within 500 feet of the Saco River and if so then they need to submit a letter from SRCC granting approval.  Caroline requested a plan with all the items on the plan required in Section 13.3.A.  Five-foot contours (Section 13.3.A.11) are closer to the gravel pit lot; Caroline requested contours on 10-acre parcel being split.  Mr. Menard indicated the land was flat in that area, which is why there were no contours.  Road access will be from Simpson Road.  The Board requested the following: a soils suitability map, lot lines, building envelopes and set backs on the map, shoreland zoning and/or flood plain, any proposed wetland fill areas and the location of septic and wells of the abutters on the plan. Mr. Menard said the driveway to the lot on the left, will need to go through a wetland area and will most likely require a permit-by-rule from DEP.   Fred suggested having the proposed driveway entrances on the plan as well as the profile cross sections. Board requested the letters from the following: Fire Department, Transfer Station, Highway Dept., Maine Historical and Inland Fisheries and Wildlife. – The two driveways across the street are less than 250 feet away from the Saco River.  Caroline asked for a storm water plan showing the pre-and post development calculations.  Mr. Menard said the lot is such a low impact plan with only two houses and two driveways it will be less than can be calculated.  The Board said he would have to submit something to satisfy that criteria.   There was some discussion on the number of lots on the original division.  Keith shows him having three lots and Mr. Boucher’s lot makes four lots.  Mr. Boucher’s lot has an existing mobile home on his lot.  The subdivision will need a name.   Jere requested the information to be on one plan.  Discussion on the CMP right-of-way does this take away from the lot calculations.  No, the applicant pays taxes on it.  It is recommended that Mr. Menard contact CMP to see if there is a setback from the right-of-way.  The Board would like to wait until more information before scheduling a site walk.  Caroline asked if we are all set on the boundary markers for the sidelines and if the trees toward the transmission line will remain.  Mr. Menard agreed they would, the house will be located closer to Simpson Road.

CEO Report:  Keith asked when the fire tank is supposed to go in at Pleasant Ridge Subdivision.  Fred said it was in now.  Keith said an abutter is still trying to straighten out a land dispute issue.  It appears Berube has taken some of the abutter’s property and added it to their subdivision.  They chopped one corner of the abutter’s lot off.    Jere said it is a civil matter between the two parties and the plan had the professional surveyor’s stamp.  At this time, the abutter is waiting to hear from the surveyor.  Keith recommended for all abutters to be involved during the planning process.

Comp plan:  The Board discussed making recommendations to the Comprehensive Plan Committee, one would be to suggest for the Town to hire a Planning Director.  This would be a vision for the Town.  The Comprehensive Plan Committee is also looking for one new member.  They are not making any decisions at this time; they are still in the reviewing stage.

Approval of Minutes:  
November 9, 2009 - approval will be at the next meeting after amendments are corrected.
November 23, 2009 –
  • Keith motioned to accept the minutes as amended, seconded by Jere.  There was no discussion, the vote passed with a 6 – 0 vote.
Bills: none

Maine Townsman
Maine Brownfield conference – April 6, 2010

Other Business:    
  • Ordinance revisions for Shoreland Zoning Updates per DEP – Caroline submitted a draft copy of procedures and findings of facts for Section 5.8 that addresses Special Exceptions.  The proposed amendments would allow someone to build a structure a maximum of 1500sf on a legal lot of record that  is located in the Resource Protection (RP) Zone.  At their September  meeting, the Planning Board had agreed to include this option in the amendment.  Section 5.8 as written by DEP had not included a procedure or findings of fact procedure so Caroline drafted 5.8.1 to create a procedure process.  She is now looking for direction from Code Enforcement and the rest of the Planning Board members.  The Board would like Fred’s input on the findings for Section 5.8 as well as 5.2.B.  To see whether or not the consent agreement clause should be included or not.  Caroline thinks a table maybe under 9.4.A. listing the Shoreland/Resource Protection buffers/setbacks would be more clear for applicants.  It should be in the section where water bodies are listed.
David S. asked how they measure the high water mark – most houses do not even go to the high water mark.  This is regulated by FEMA.

  • Shirley May Roberts findings of facts –
  • Caroline motioned to approve the finding of facts for the Shirley May Roberts Subdivision Amendment, for Daniel Daigle 97 Henry Hill Road, Tax Map 3, Lot 34-3-1, with the attached easement for water storage and fire suppression. Seconded by David A., the motion passed with a 6 – 0 vote.
  • Blueberry Ridge – Waiting to hear from the Gorham Planning Office to schedule the final meeting.   
  • Peer review letter and mailing list - Board would like Jim to review the letter and list.  Jere suggested having one primary provider and a secondary provider, in the event the first provider had a conflict of interest, or do we have a civil engineer or a soils engineer as a primary and then they would sub-contact out the other.
The Board agreed to have further discussion after Jim has reviewed to letter and list. Harriman Associates was one suggestion to add to the list. It would make sense to have one person the Board could have a rapport with, and who would be familiar with the ordinance.  The Town Treasurer would handle the payment process.   Adding local civil engineers to the list may be the best way to go for a small project, square footage or setbacks.  The Board would need to consider distance and travel expenses.  It could streamline the process by moving it along quicker or could just be one-step closer toward an assistant town planner.

Adjourn: Motioned by Keith, seconded by David S. to adjourn at 8:37 p.m.    The motion passed with 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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