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Town Seal
Planning Board Minutes 02/08/2010
Town of Buxton
Planning Board
February 8, 2010

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), Irene & Earle Milliken, Brian McClure, and Mark McNally  

Chairman Harry Kavouksorian called the February 8, 2010, meeting of the Buxton Planning Board together at 7:01 p.m.

Pledge of Allegiance

PUBLIC HEARING:  Normand Berube Builders, Inc., is proposing an 8-lot cluster subdivision, Sunrise Ridge, located off Portland Road; Tax Map 9, Lot 18A-1.
               Keith motioned, seconded by Jim, to open the public hearing.  All voted in favor.
        William "Bill" Thompson, Project Manager of BH2M and representing Normand Berube Builders, Inc., gave an overview of the Sunrise Ridge project.  This is an 8-lot cluster subdivision to be located on the Portland Road on 31 acres of land.  The lots get reduced down from the zoning size but no more density than the land would support.  The balance of the land from the lots is 22 acres.  There is open space, which will remain forever.  They feel cluster is a good option by the ordinance.  There will be on-site subsurface disposal systems, drilled wells, an open pond, etc.  There will be an 850' road with a T turnaround at the end and with no connection onto the Long Plains Rd.  There has been a nitrate study, soil mapping, wetland mapping with well zones shown shaded on the Plan.  It is a 3-acre zone.  There will be a homeowner's association to manage the open space.  They will propose the road be accepted by the Town when complete.  They have a DOT entrance permit.  In back of the lots, there is a wooded site as well as open fields.  
        David A asked about the Cost Estimate worksheet.  Has this gone before the Public Works Director for a quick review.  Keith says it doesn't matter what he puts down on this paper as far as Public Works.  They have a letter from the Public Works Director okaying the items needed by the ordinance.  This estimate has been updated.  Harry asked about the 5,000 gal. fire tanks.  The detail sheet has been changed, according to Bill, to show two 5,000 gal. tanks.  Regarding the homeowner's agreement, Krystal has sent documents to the town attorney but the Board hasn't seen anything yet.  Keith believes the road needs to go through.  He believes a tax burden is being given to the taxpayers, and these homeowners will be treated better than the general public.
        Bill mentioned the street trees were just in suggested locations on the Plan.  He has moved them.  They took away the reference to grass shoulders, so there will be traditional gravel shoulders on the road.
        Caroline mentioned a site distance issue on the Long Plains Rd, which she thinks would be a dangerous situation.  She recognizes Keith's concern.  It is her personal opinion that coming out onto Rt. 22 would be dangerous.
        Harry asked for abutters' comments or members of the general public.  
        Greg Ballou understands there is a lot of ledge and that there will be a lot of  blasting on the site.  If he has any problems with his well or foundation, would there be a mechanism in place to handle this.  Bill says that typically any company that does blasting will go through the neighborhood and do a pre-blast survey and possible videotape so they can see if there are any issues afterwards.  Jere asks if there are State regulations, and Bill says there are.  Harry clarified that they will be following State regulations.  Caroline mentions that there is a note on the Plan that talks about this.  She recommends a Condition be added to the Findings for a pre- and post-blast analysis on this as well.  They were told the developer would cover this, so it is not covered in the Performance Guarantee.  David A mentioned that people who do blasting are professionally insured.  Jim says these are legitimate concerns and, in his experience, there have been some problems.  He mentions the note on the Plan.  There are no local regulations.  Abutters need to be as aware as they can about the State standards.  Jim mentioned that they might want to document by photos or a current water test.  There can be civil issues, so they should protect themselves.
        Earle Milliken spoke; he built the house Greg Ballou was talking about and it is all ledge.  They had to blast the cellar out.  It is hard ledge.  He has a home on the Portland Rd., and it is all ledge there.  They hauled in 1,000 yards of fill instead of blasting there.
        Jim says that in 13.4.J, he was looking at the sideline markers.  These are relatively small lots with markers at the corners.  An addition to the ordinance refers to sideline pins.  Caroline thought it had been brought up.  He mentioned one lot line that doesn't have one--the lot line that is 256 ft. long (Lot 1).   If it is in there as a standard, it should be included.  Bill will add that.  Where it is appropriate, Jim would like this added.  He would have Bill change Note No. 28, information submitted in preparation of the HHE 200 form.  This might be from the Sevee and Mahar report, Bill thought.  Jim suggested that it would be the type of thing done by the designer of the system, and he would like the note to reflect it.
               Motioned by Caroline, seconded by Jim, to close the public hearing.  All voted in favor.  
        Harry read the standard Conditions of Approval:
        1. 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 13.    3.  Notify the Fire Chief within 72 hours before the fire tank is installed.
        4. All outstanding bills paid before building permit is issued.
        5.  Homeowner's documents approved by Town Counsel
        6.  Pre- and post-blast survey done
        7.  Marker on the sideline of Lot 1.  
        8.  Change of Note 28

        Motioned by Caroline,  seconded by Harry, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Article 13 with conditions as stated.  Six voted in favor; Keith opposed.

        Motioned by Jere, seconded by David S, to approve the application with the conditions stated and from previous meetings.  Six voted in favor; Keith opposed.

        Bill says he will have changes made as mentioned this evening.  Bill says he will be here in two weeks with Gorham regarding the Blueberry Ridge approval.  He has submitted information to Krystal so the Board will have it prior to the meeting.

CEO Report:
        Fred was not present this evening.

Approval of Minutes:
        Minutes of January 25, 2010
               Motioned by Caroline, seconded by Keith, to accept the minutes as amended this evening.  All voted in favor.

Approval of Bills:
        David A has nothing to report regarding his memo to SMRPC regarding the color change of the maps.  He will ask for a revised bill as soon as possible so that they may make payment immediately.

        "Maine Townsman" for January
        Free webinar talking about innovative building products - please see Harry if interested in more information

Other Business
        Ordinance Revision
               Jere motioned, seconded by Keith, to adjourn to a workshop to talk about ordinance changes for 2010.  All voted in favor.
        If they do a big project like Hannaford, will they put this out for peer review, Jere asked.  It would be up to the Board to pick a reviewer they feel comfortable with from their list.  They put peer review out to bid with Hannaford because they didn't have an approved list.  Now, they could put it out to bid with the list they have.  Now, they could use the firm they've decided upon which would eliminate a lot of time.  Caroline questioned whether Fred could determine what goes to peer review.  Board members agree that they should make this decision.  The cost will be passed along to the developer.  Jim believes that peer review needs to be done for a compelling reason--only if there is a question about the firm's reputation or something glaring on the Plan.  Caroline mentioned the "objective view."  In 10 years, Jere said they had only two projects that were clearly out of the Board's scope.  He agrees with Jim.  Harry says they would make a decision on a case-by-case basis.  Jere mentioned the most recent project.  Much of the information asked for was provided.  David A agrees with Jim as they're looking at professionals.  If a firm is questioned publicly in the future, it would be their reputation.  Jim believes that peer review is a "hired gun" situation, so they're largely measured by things they've found that are incorrect.  Peer reviewers will go out looking for things that are deficient.  He's not sure that what they get is an improved thing.  SMRPC is a better alternative, in his opinion, because they're not hired for an outcome necessarily.  They are limited, though, in their scope.  Keith thinks developers keep their acreage under DEP approval so they don't have to be reviewed.  Jim clarified.  They still must review for wetlands or storm water permits if they need one.  Jere and Harry believe that leaving it on a case-by-case basis is appropriate.  People on the Board have varied backgrounds which makes them a more balanced Board.  Jere feels there is a big difference between Buxton and some other towns or cities in the area.  Perhaps more can be charged for an application fee, and that money can be used towards engineering services.  Jim believes there are fees per lot in some towns in addition to the overall subdivision fee.  Keith believes people are here developing because the town doesn't have planning staff.  Some places have fees for various stages of the application process.  Jere doesn't agree that building is being done because it is cheaper in Buxton.  Harry clarified that it will continue to be on a case-by- case basis.
        There was some discussion about a planner's responsibilities.
        The Board went to the draft of the ordinance changes.  Jim believes the first one looks much clearer with the itemized list.  Caroline believes the first paragraph should be struck because the enumerated items include the information that is in this paragraph.  See corrections on draft.  After "less," place a colon and go to the enumerated items.
        Under the shoreland zoning amendment (Nov. 2009), "freshwater wetland" goes to the definition which refers to 10 contiguous acres, the U.S. Army Corps of Engineers does not have a minimum size.  Strike that 1st paragraph.  There is no minimum size in the Town of Buxton.  Continue with the second paragraph.  The forested wetland definition is all right.  
        May 24 will be the public hearing for ordinance changes.  The Selectmen need the information by May 10.  The Board would like to have corrections completed by the end of Feb.
        (See corrections on draft regarding bulk fuel storage.)
        Strike 8.2.B.1 if not a problem with the Town's attorney.  There was considerable discussion about the inability of the Board to obtain data to prove that people's property would be de-valued by something going in next to their property.
        Class B is not an appropriate level of mapping because lots are being considered less than 1 acre.  Jim sent Krystal all the classifications for mapping.  There would need to be a definition for medium and high intensity soil surveys.  Jim will work on this.
        Caroline said that Fred would like to see some things on lighting.  She'll find some things to send to Fred to look at.  
        There was a discussion regarding Stephen Heroux's e-mail.  Harry should respond that it is the Board's intention to keep minimum lot sizes for all lots and not just those for animal husbandry.  The Board wants to consider conditional uses for only conforming lots.   Caroline says that it increases the nonconformity of the lot to allow more to happen on a lot that is nonconforming.   Keith says he has been referring to a nonconforming legal lot of record  on Cemetery Rd.  Some lots have become nonconforming when the rules have changed, Keith clarified.  Caroline refers to 4.2.A. for Harry's response.  
        There was some discussion about the granting of variances.
        There was some discussion about roads going through if they can.  Keith believes this should happen.  He believes this impacts the taxpayer.  
        Motioned by David S, seconded by Keith, to adjourn the meeting at 9:47 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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