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Town Seal
Planning Board Minutes 03/22/2010
Town of Buxton Planning Board

        March 22, 2010

Recorded by Hilda Lynch

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

Board Members Absent: Harry Kavouksorian

Others Present: Jack Chase, Robert Yarumian, Navan Leng, Bruce & Nancy Stedman,

Vise Chairman Jeremiah Ross called the March 22, 2010, meeting of the Buxton Planning Board together at 7 p.m.

Call to Order

Pledge of allegiance

Navan Leng of Wat Samaki requesting consideration for relocating parking lot screening at 128 Back Nippen Road; Tax Map 4, lot 43.
The use of the temple was approved approximately one and a half years ago.   Condition was to provide screening from the parking lot on the south side.  A problem with plowing the snow and the location of the proposed leachfield.  Mr. Leng found there would be more privacy for the them and the neighbor to relocate the trees to a higher land
Fred said the location of the parking area is the lowest spot for the screenage.  Behind the house there is a ridge that runs is appoximately 5 or 6 foot contour.  If the fence was placed in the said location the neighbor would be looking over the fence due to the low area.  If the existing fence was extended 65 feet, would benefit both parties.  Also the future septic system  
Discussion of the board - a minor revision to the conditional use.  David A has no problem with this being a minor revision.  Making the best of the situation and improving for all parties.  Caroline would suggest a  condition that if the fence was damaged that be replace at the owners expense.  Jim agrees it would be a minor and consideration of a public hearing.  Keith said with the lay of the land and if Fred said this would be better - if the leachfield has to be put in they would have to take the fence down.  David S. and Jere also agree.  The board agreed to not have a site walk or a public hearing.  Jim suggests that possibly the abutter didn't get the notice.  New year will take place on April 17th.  
Jere asked for a chair of approval to amend the finding of fact.  
"       Keith  to allow the applicant from the approved location closer to the Campbell property etc…. that if the fence was damaged that be replace at the owners expense seconded by Jim  - discussion  David S.  what if the abutter does not agree?  They can come to the next meeting the board can make another change.  Caroline said they can appeal to  the motion passed with a 6 - 0 vote.

Bruce & Nancy Stedman of Little River Farm are requesting a conditional Use Permit allowing them to rent their property for special events and gatherings at 160 Turkey Lane; Tax Map 3, Lot 3.
Bruce Stedman
Recomended by the Towns attorney to come back under a conditional use permit for a resturant
A victurlers license is through  the Selectmen's office if they are suppling the  alcahol.  If the caterers is supping the alcahol then they would need a habitulars license which is good for a year.  Not the land owner.  Mr. Stedman said all the events would be catered and insured.  They are just suppling the location.  Liability insurance is covers everything.  Keith is requesting an explanation of why they are N/A in writing.  Jere gives an example for 8.2.b.a for the applicant.  Jim questions the location of the 40' x 60' tent and other areas are located.  Jere would like to see a scaled sketch plan of the parking, waste water, well, outdoor lighting, larger and easier to interpret.  Mr. Stedman said the tent will be different sizes.   Caroline concurs with Jim and would like to see the abutting houses and she counted 70 parking spaces the information indicated 80, may want to check.  A key for the map.  A band or speaking area is in the back along with a wood pile.  The location is fairly flat and would be handicapped accessable.  Caroline would like more information on the lighting location.  Flood zone lines with the 75 foot setback from the tent.    Mr. Stedman said the flood map is not even close to what is actual.  Will submit a much better map.  Will be taking down small saplings  for a foot path.  Would like it shown on the plan also.  The parking setbacks from the pond need to be shown.   The parking was chosen so it can not be seen from the neighbors.  Tents will be up and taken down for the individual event.    Does the state fire marshall need to check?  Run the revised plan by the Police Dept. Fire Dept. etc..  the pond in the back already has the pipes in for a dry hydrant.  Just needa a valve on the cap.  Will need a letter from the fire chief.  David said this was a good drawing, but do need better .    Show the split of the rural and shoreland zone meet.  Other local state and federal agencies what?  Just meeting with the Board?  Suggest an hour for the site walk and .

Keith Set a sight walk for March 29th at 6 pm Bruce and Nance Stedman on for a condition David S  motion passed with a 6 - 0 vote.  Abutters are welcome but no comments will be taken at that  time.

Jack Chase is requesting a subdivision amendment lot line adjustment to Bonny Eagle I Subdivision located at 41 Long Plains Road; Tax Map 1, Lot 212-1 & 2.
Butch Yarumian of Maine Boundary Consultants presented the plan.  A three lot subdivison approved in 1979 opposite of Low's store at Bonny Eagle.  The initial idea is that in 1979 that the driveways for lots 1 and 2 no more than 20 feet apart and will turn ?????  didn't know other information and found by doing the survey work the boundary line found has to be moved to meet setbacks to the existing house.  A landscaped area in front of the house and would like to crate a lanscape easment.  All due to the lot lines at an angle.  The lot size in 1979 the primative survey was messed up.  Previouly a boundary line was re-established for an abutting property.    ??? incorrect town line??  Today the two lots are under 120,000 sq ft.  It's his     the information on the plan was incorrect.  The other delema the southern end of lot 2  there were several difernt       location of the string and three other surveyors came up with different lines. N  

Condition on deed to place      not practicle, due to the driveway of lot 2 would be in lot 1 front yard.   A DOT permit has been approved to move the driveway.  The two lots have always been a lot of record with two seporate deeds.  David S.  asks to move the boundary line south?  Butch explains…..??  Keith a lot of problems one is the lot sizes.  Which was crated in 1979- keeping the same amount of area.  Not the landowners fault.  Non conforming lots and other lots have to be legal size.  Should make the lots conforming.  The question is gone to the attorney.  David A  agrees with Yarumian.  Jere house on lot 1 does not meet minimum requirements for the zone.  Proposing to build a house on lot 2.  It is my understanding he could build a driveway in front of this house but??  Grandfathered.  Jim does not see how it could be grandfathered is after the zoning was approved.  Jim is struggling personally that some issues are planning Board but some are zoning board of appeals.  Caroline asks if the applicant has tried to contact Ms. Haines to see if she would sell some land.  Article 4.2.F.1 thru 4.2.f 3 & 4. This project may require both Planning Board and the ZBA, but must wait to hear from the attorney interpretation.    Jim believes if they are lots-of-record then they will fall into the lots of record.  Mergence law - if non- conforming and same ownership it automatically merged.  But Buxton does not have this law.  David A. asked for clarification of the proposed landscape easement.  The board agrees to wait to hear back form the town council before the site walk.    Jim Address the question of the lawn exclusive of the easement area.

CEO Report:  Caroline asked Fred about the trees being removed at the Narragansett business park which was suppose to be a buffer.  And was Aceto suppose to plant more trees?  The gas station at Tory Hill, was the landscaping around the building done to our final approval.  

Approval of Minutes:  
Minutes of March 8, 2010
Minutes of February 1, 2010

Approval of Bills:  none - follow up with SMRPC with billing - they will forgive the particular bill and changes for coloration of the maps.  Will be adding
Will be meeting with the budget committee Tuesday 23rd at 6:45 p.m.

MDEP from blueberry ridge subdivision numbers need to be on plan.  
Bill Plouffe in response to comp plan.
Other Business:  
        Review proposed peer review applicants - they are all good.  Keep a list Sevee and Mahar is all within house.  Or next on the list.  Wait for harry for the official decision.  Having one firm and an alternet  
        Review and sign findings of facts for:
o       John & Ramona Snell - registry of deeds
o       Blueberry Ridge Subdivision - remove blueberry fields llc on first line page 5 also  #57 inland fisheries and wildlife  #65??letter - keith accept the findings for    as amended /seconded by Caroline vote 6 -0.
o       Sunrise Ridge Subdivision - submit again
       Ordinance revisions  -

1.      Adjourn by 10 p.m.  david S secinded by Caroline unanamous

Site walk reminder

Approval Date:  __________

_________________________________           _______________
    Harry Kavouksorian, Chairman               Signature Date

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