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Town Seal
Planning Board Minutes 09/28/2009
September 28, 2009

Recorded by Hilda Lynch

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

Others Present:   William Thompson (BH2M Engineers), Eric Pooler, Dan Daigle, Erika Frank, Rick Emery, Chad Emery, Tammy Powell, Fred Farnham  

Chairman Harry Kavouksorian called the September 28, 2009, meeting of the Buxton Planning Board together at 7:01 p.m.

Pledge of Allegiance

Rick & Chad Emery of 51 Mill Road are requesting a minor subdivision amendment to Waterman Mill Estates Subdivision on Tax Map 3, Lot 24.
        Erika Frank, an attorney from Windham, is assisting Rick and Chad Emery and spoke regarding the amendment.  She referred to the map of Lots A & B, originally the only two lots in the subdivision.  Richard and Linda Emery own Lot B, and Richard and Chad Emery own Lot A.  Richard and Linda Emery originally owned all of it, but they sold off a lot to their son.  Originally the lot line of Lot A didn’t include any of the 50 ft. access; all of the 50 ft. access was part of Lot B.  What appears to be an 8 ft. setback error for the foundation on Lot A would be corrected if they took that section of the 50 ft. access of Lot B and added it to Lot A.  Lot B will meet all of the building requirements for a buildable lot.  It will bring it into compliance with all of the building requirements for Lot A.
        David A asked if the foundation has been placed, and he was told that it had been.  They’ve received a couple of letters from Fred Farnham regarding a way to fix it.  They’ve attempted to get a variance; but because the foundation was placed there by them, they didn’t meet one of the requirements for the variance.  
        Caroline asked about the calculations that they’ve received, and Erika stated that it was the new plan.  The 181.77 measurement of Lot A, will that be the frontage?  That and the 50 ft. would be added to it, Erika stated.  The 50 ft. of the right of way adds into it as well, Erika stated.  This would meet the 250 ft. frontage then, Caroline says.  
        Jim asked if any easement language has been crafted yet.  Will there be an exchange of easement language for the newly created deeds.  They would create them when the two new deeds are created.  He would caution them to bear in mind that it could affect the use of land on Lot B if they wanted to do anything further.  Jim mentioned that they have enough land to do a further division if they wished.  Jim thinks they should narrow up what the son gets for ingress and egress.  Erika said they haven’t adjusted it any further yet.  She thought they might have further discussion.  Jim asked Fred how he saw it as it pertains to Article 10, access to lots.  He assumes a road maintenance agreement is in there.  Now the driveway would be part of the setback of the new front property line.  Has the right of way been upgraded to this standard?  Fred says that it has; it’s 15 ft. wide.  
        Keith asked about the access of the lot being right off the hammerhead.  Erika asked for clarification.  Fred says it can be moved off to the side; the construction people are using it right now.  Keith thinks it should be moved around the corner.  10.1.A.2 – Jim refers to the ordinance regarding the hammerhead.  
        Jere, David S, and Harry are satisfied so far.  Harry asked if the Board was ready to set a site walk.  Jim asked Fred about a valid septic design and paperwork.  Fred said they’ve presented one.  Jim clarified that they’re adding additional land to the lot which would bring it over 5 acres.  Is it a 5-acre zone?  Erika said it was.  
  • Jim motioned, seconded by Keith, to set a site walk for the above on Monday, October, 5, 2009, at 6 p.m.  All voted in favor.
        Erika asked if they were satisfied with the submission.  They asked for the language for the deeds, and she said she would have them in by the end of the week.  Caroline asked to have the Town attorney look at them.     

Normand Berube Builders, Inc., has submitted a sketch plan for an 8-lot subdivision, located off Portland Road, Tax Map 9, Lot 18A-1.
        Bill Thompson of BH2M Engineers, Project Manager, spoke about the project.  He referred to a sketch plan between the Portland and Long Plains Roads.  There is 30 acres.  There is an existing house on the corner (making the original lot 34 acres) which won’t be purchased by Berube.  They’re looking at 8 cluster lots.  Each will exceed the 40,000 square feet, and they have at least 40,000 sq. ft. of upland.  It is located on Tax Map 9, Lot 18A-1.  They’ll bring a road in off the Portland Road but will not come out onto Long Plains Rd.  They’ve picked this entrance because of the controlled traffic stop on the Portland Rd.  From the stop sign up Portland Rd, the speed limit is 35 mph until just before the site.  They thought this site would have less traffic, a controlled stop, and great site distance.  They’re comfortable with the net residential calculations required by the Town.  A perimeter survey, topographic survey, wetland, and high intensity soil mapping have been done.  Each lot will have a subsurface disposal system (2 sites identified) and a drilled well.  Drilled wells will be installed by the developer.  The road coming in will have a hammerhead—road 800 ft. in length.  They’ll be developing out in a field.  There is a small man-made pond behind Lot 3.  They’re going to try to incorporate it into the open space as an amenity with walking trails.  Open space goes around the property.  There is a fire pond; there’s a dry hydrant there.  There will be one access, on-site utilities.  It will require some storm water design.  He’s looking at bringing storm water out in two different areas—ditch turnout, level spreader and buffers.  It will go to DEP for a storm water permit.  They’ve had wetland mapping done, vernal pool assessment, etc.
        Harry asked for questions from the Board.  
        Caroline assumes some submissions – showing the contours, tree cutting limited to dead and diseased, and drainage plan.  She asked if there was any lighting plan.  Bill said they wouldn’t have one.  They will have street trees since this is an open field being developed.  She clarified that things will be left in the open space.  Bill says there is a mix of some very nice trees in the open space, a mix of wetland and upland.  Caroline asked if there was currently a road there.  Bill said there wasn’t.  She asked about building placements being placed on the plan.  He doesn’t think they’ve done this in the past.  They’d like to leave options open to the customers.  She asked about access for the pedestrian easement – how does one get to that.  Bill illustrated two places where it could be accessed.  It is field that can be mowed and made easy for the homeowners.  She asked about confirmation of water for domestic and fire protection.  Bill stated there is a dry hydrant on the pond.  He says they will meet with the Fire Chief to see what is needed.  She asked about abutters’ wells and septics being located.  Bill said they haven’t done it yet but it can be done.  She asked that the plan be submitted to Public Works and the Fire Chief for their input.  She mentioned Note 18 and that there’s a portion of it missing (refers to 11.6.C.2.b).  Once the Board is done discussing it, she would want to know whether the Board wants to send it out for peer review.  
        Jim asked if the corner lot would be a new lot.  Bill said it is remaining land.  Jim wants to know why it wouldn’t be required to comply with cluster standards.   He asked Fred for his take on it.  Fred hasn’t seen it yet.  Why is it not officially a cluster lot?  Bill says they’re dividing the 33-acre piece—a 3-acre lot and a 30-acre lot.  Lot 1 will not be under the control of Normand Berube Builders.  Jim thought that Fred might want to assure that there is adequate upland area; it probably doesn’t have 40,000 sq. ft. of upland.  Fred asked if they needed to separate building area from wetland area.  There will be three lots and five lots in the subdivision.  The lot not being included becomes a new lot.  The upland area wouldn’t be 40,000 ft.  Bill said it would be about 37,000 ft.  Fred thinks he needs to go back and see if they need to apply the building area calculations to the lot.  Fred doesn’t think it fits the definition because it’s not bordering a stream, pond, bog, etc.  Jim said he would let that go.  He called attention to the National Wetland Inventory Map.  He asked if there is a wetland report because if the wetland exceeds 20,000 ft., it would become a wetland of special significance.  It would trigger 75 ft. adjacency to the wetland.  He would like some clarification from DEP that it is not a wetland of special significance.  20,000 sq. ft. is half of a builder’s acre; it may exceed that.  Who owns Lot B?  Ballou, Bill stated.  Does the Town have an easement around that?  Bill pointed out a piece the Town owned.  A is owned by O’Malley.  The Board doesn’t have it on their plan.  
        Keith asked about how much blasting would be done.  The ledge is 20-22” in this area, Bill says.  Would they protect the neighbors when they blast, Keith asked.  Bill said they would be blasting.  Putting a hammerhead in is a burden to the taxpayers on plowing and stuff, Keith says.  His opinion is they should re-design Lot 5 and make the road go through.  Keith says there is a safety issue.  Caroline thinks some kind of traffic study would need to be done.  Keith thinks there will be too much more traffic out on the Portland Rd., and it will be backed up too far in the mornings. Jim asked how much of a complicating problem that would be.  Bill says they need an entrance permit from DOT.  Bill says they’re trying to avoid a cut through, and he doesn’t know what that will do to the traffic.  Keith says he can’t use a dry hydrant so he will need sprinkling or a tank.  Keith says he doesn’t know where he got these plans because there are several properties marked wrong.  Bill says they got them at Town Hall.  Bill says he’ll fix the things that aren’t accurate.  
        Jere disagrees about the road going through; he thinks it would make traffic even worse.  He asked about an easement for a fire tank.  Bill says he will propose that.  
        David S asked about one test pit on Lot 4.  Bill says he will need another one on that lot.  
        Bill says he got a lot of feedback tonight which will be helpful to him.  Jim asked if they should postpone the site walk until they have more information.  Several agree.  Caroline asked about peer review.  Keith says it would probably go to SMRPC.  Jim and Caroline asked about a traffic analysis beyond what SMRPC could do.  Bill said DOT will review this.  Caroline asked if they had to go out to bid for something like this – engineering services for a traffic study.  Keith thought the State could put counters out.  Caroline said they want an objective review.  Bill says they would need to go to DOT.  Jere clarified about the impact of the traffic from the subdivision.  David A. thinks they’re looking at approximately 16 cars in the morning and in the evening.  Jim says the DOT will review it to their minimum standards.  He said that this kind of analysis may better indicate whether there will be a need for two entrances.  This may generate an important conversation at the DOT level.  He would like to see some minimum traffic study.  Caroline says that it is a “high crash” area in the Comp Plan.  David A. agrees with Jere about keeping the subdivision a dead end.  Keith mentioned that the easiest fire route would be off Rt. 22.  Others felt that it was up to the Fire Chief.  There was some additional discussion about this.  Jim mentioned a crash gate.  
        Jere wants the remaining lot to be Lot 9.  Keith agrees as it is part of the original lot.  They owned the entire piece.  Jim says they haven’t been in residence there in order take advantage of the Homestead provision.  If it’s happening simultaneously, he has a hard time thinking it wouldn’t be part of their review.  He thinks that the corner lot is being stated right now, so needs to be considered along with the subdivision.  The owner is selling the parcel but retaining the ownership of that lot for themselves.  It is the first division of the entire lot.  Jim clarified that the corner lot is being created at the same time.  Jere says he can see what Bill is saying that it is the first division of the entire lot.  Keith clarified the new numbering of the lots.  Jim says it is moot if they are happy with the way it is laid out.  The applicant not purchasing the lot makes the difference for Jere.  David A gave an example of another subdivision where a lot remained with an owner and not a part of the subdivision.  Bill asked if they could get a legal opinion.  Harry said they’d get the question off to legal for an answer.  
        Bill wanted clarification on the traffic issue.  Does the Board want the applicant to do some traffic study?  Caroline mentioned more safety about location of the driveway in this location.  It is more important to consider the impact of the driveway in a “high crash” area.  The Board questions how involved SMRPC would be in this.  Bill wants to pay for it only once so doesn’t want to hire a study and then pay for peer review for it.  The applicant would pay for peer review, which would be the info the Board would accept.  Caroline asked if they had a PDF file that could be sent to her so she could work with Fred, Krystal and the Chair on this.  Bill said he would send her one tomorrow. Jim mentions one little tiny meadow in the corner of Lot 1.  Jim asked about the significance of a buffer near Lot 1.  Bill explained that they’re not finished with their storm water design yet.            

Daniel Daigle has submitted an application to amend the Shirley May Roberts Subdivision by adding an additional lot at 97 Henry Hill Road; Tax Map 3, Lot 34-3-2.
        Dan Daigle is asking for permission to separate Lot 34-3-2.  It was originally part of the above subdivision.  In 2004, he purchased a home package (Lot 34-2-2) of approximately 5  acres.  In 2006, he purchased Lot 34-3-2 from Clark.  He didn’t realize it hadn’t been part of the subdivision, the reason he’s here.  He’s asking for permission to divide that parcel of land that was originally part of Lot 3.  He pointed out the hammerhead in there.  He’s going to grant an easement access to that lot from his property.  Jim asked if he was unaware of the purchase of this lot being part of the above subdivision, and he was told that this was correct.  
        Harry asked for questions.  Caroline asked if he had received a response from DEP for the Permit By Rule.  Jim says that if they don’t hear within 14 days, it is approved.  Caroline said it was submitted the 11th so they should hear this week if any concerns.  Keith noticed that the Route should have been 22, not 25.  Caroline asked if the brook was connected to any water body, and Dan said it wasn’t.  She mentioned that procedures for the preliminary plan have to be followed for an amendment according to 13.7.  She notices that some of the items aren’t on the Plan.  Harry believes this is what the Board should be following.    Since this is an amendment of an approved Plan, this is what people will be looking at.  Krystal will be able to assist them.  
        Jim says that there will be a need for some soil analysis, a GPS location of the stream, etc.  Dan says the stream is actually located on his lot.  The only wetlands are located down near CMP’s lines, Dan says.  Jim asked Fred if this was a 5-acre zone, and he confirmed that it was.  
        Keith asked how big 34-2-2 would be if they took this lot out.  Dan says it won’t affect it because it has already been split.  Why would they have a right of way into the lot and an easement through Dan’s?  Without the easement, is Dan’s lot still in conformance with the 5 acres, Jere asked.  Jere referred to a Plan.  Keith’s opinion is that it should be a right of way straight through.  Jim asked why if it is serving only one lot.  In this one, they’re creating road frontage by the hammerhead.  Why would you go with an easement through two rights of way?  Jim asked for clarification if this was not supposed to be a right of way and utility easement that goes in front of Dan’s lot and their lot?  Jim says it looks like it is supposed to be a deeded right of way.  Dan said they could do this.  Jim says he believes that it should be right of way all across, including the utility right of way.  Dan says he is correct.  Keith says he’s okay with it.  
        Keith asks if they’re getting to the point where there is enough of an expansion to require a fire tank – 5 lots.  Caroline mentioned highway and fire review.  Harry believes that would be appropriate.  Jim asked Fred about the five lots and fire suppression.  Fred said these lots were built in May, 1996.  Keith doesn’t think it matters when the other lots went in.  The Fire Chief would have to determine this, Caroline thought.  
        Jere asked about the access of the existing right of way – was that just for Dan’s house.  Dan said it was.  
        Keith thought they could do away with the hammerhead out front.  Jim doesn’t think they should take it out.  
        Caroline asked about the woods road.  Dan says it is no longer in use.  
        Eric Pooler asked if Dan owns the property and is subdividing one lot, does that come under subdivision.  Jim says any time a subdivision is amended it has to go back to the Planning Board.  He wanted to know what the process is because he’d like to build a house before snow falls.  Jere thought it would be a minimum of three meetings – six weeks from today, optimistically, for approval.  
        Harry said they’d have to go through the information needed, get it to Krystal, and at the next meeting they could set a site walk.  Jere asked if they’re asking for test pits.  Jim is okay with expediting this.  Caroline says that a lot of things are already on the Plan.  
        Dan says there have been test pits done in the past, but he thinks they have to be done every three years.  Jim says that for a full septic system design, it would have to be updated.  He doesn’t think the soil standards would change.  Jim would suggest they provide what they’ve got to save time.  Perhaps they won’t have to belabor it too much.  He believes it is a simple division, enough acreage, etc.  He would suggest setting a site walk sooner rather than later.  Jere concurred.  Caroline asked if this was a complete plan.  Caroline would recommend they have the checklist for submittal the day of the site walk—to check off what they’d like to see.  They could say the Plan is complete, and they could move forward.  
        Harry asked if they would be ready to set a site walk.  
  • Motioned by Jim, seconded by Jere, to set a site walk for the above at 6:15 p.m. on Monday, October 5, 2009.  All voted in favor.  
        Jere asked if the property has been surveyed and staked out.  Dan says that it has.  

CEO Report:
        No report this evening.  Jim applauds Fred’s efforts with regard to the FEMA information.  Several Board members thanked him.

Approval of Minutes:
        September 14, 2009
  • Caroline motioned, seconded by Keith, to accept the minutes as amended.  All voted in favor.
Approval of Bills:
        Pay Portland Press Herald $20.01 for the Jackson application and $53.94 for the Salang/Horr application having a combined total of $73.95.
        David A explained the above bills.  
  • Keith motioned, seconded by Jim, to pay the above bills.  All voted in favor.
        Note about a Community Forest Workshop in Bangor on 10/16 and in Bath on 10/23.  

Other Business:
        Review and sign final plans for Pleasant Ridge Subdivision; Tax Map 8, Lot 40A.  It will be done after adjournment.
        Review proposed Shoreland Ordinance Changes, May and Zoning Map.
        Harry says they’re still waiting for some information from J.T. Lockman before sending this out to the attorney.  To clarify for the Board as well as the public, consent agreements are the legal framework for dispute or trading violations in the shoreland zone—giving the Board of Selectmen the right to settle without having to go to court if the error was made by wrong information from a town official.  Jim asked about a poll of the Board.  He would like to resolve a lingering unanswered question for the Town.  It is a concept.  Keith says he would like to see Bill’s interpretation.  Joanna didn’t support it, Caroline said.  She didn’t explain why, Jim thought.  They agreed to sit tight on clarification.  
        Meeting of October 12 – Harry asked if Board members would be able to meet on October 13, 2009, Tuesday.  Caroline and David A won’t be able to meet and Jim is not sure.  There was some discussion about skipping the meeting, but the Board had pledged to expedite the process for an applicant this evening.  Jere asked if people could meet on the 12th.  They decided to stay with the 12th.  
        Shoreland Zoning:  Keith mentioned that he was at the Selectmen’s meeting.  Jean said the Board missed the deadline to get this on the November ballot.  Keith says he thinks they could wait and have this in June.  Caroline asked if DEP is okay with this.   David A says he thinks that the Selectmen are willing to set a special public meeting.  Jim doesn’t think it is a good idea to let it lag until June.  Keith thinks it should be more than just a public meeting.  He said there should be an option for some public input.  Caroline mentioned that an appeal process would have to be ready by March to make the June meeting.  
        Jere thinks they should get everything resolved with J.T. and legal and then check with the Selectmen about having a special meeting.  They’ll set the public hearing.  He thinks DEP’s position is that the Town adopt it according to their time frame or they will impose it.  Keith mentions the Shoreland and Comp Plan not being needed in equal measure.

  • Motioned by Keith, seconded by David A, to adjourn the meeting at 8:24 p.m.
Approval Date:  __________________

_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date

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