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Town Seal
Planning Board Minutes 04/12/2010
Town of Buxton Planning Board
        April 12, 2010 at 7 pm

Recorded by Hilda Lynch

Planning Board Members Present:  Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; James Logan; and David Anderson.

Planning Board Members Absent:  David Savage, Sr.; Caroline Segalla

Others Present:  Advah H. Reynolds, III; William J. Huff; Ira Stockwell; Nancy & Bruce Stedman; Hibbert Adrew; ?, Butch Yarumian; Fred Farnham; Rich Deister; Jack Chase; Neal Morrison; and Jeremy Harmon.
Chairman Harry Kavoukorsian called the April 12 meeting of the Buxton Planning Board together at  7:01 p.m.

Pledge of allegiance

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 spoke about the purpose of the Conditional Use being to host weddings, receptions and events where they could put up tents and have people rent the property.  A site walk was held on March 29, 2010.  Harry asked Board members if they had any issues.
        Bruce has met with the DEP to see if it applied as a river.  The DEP wants to process this as a Permit by Rule.  The DEP representative did a full site walk of the property.  Harry asked if there were any further questions.  There were none.
        Bruce has met with the Police and Fire Chiefs.  A letter has come in from the Fire Chief.  Chief Grovo saw no issues, Bruce stated.
  • Keith motioned, Jim seconded, that a public hearing be held on the above Conditional Use Permit on April 26, 2010.  Five voted in favor.

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 spoke representing Jack Chase.  He received some information from Fred last Thursday which he’d received from the Town’s attorney.  Some changes have been made to his Plan.
        The adjustment Butch made was the landscape easement area which is going to be taken out.  Jim mentioned that it couldn’t be counted.  He’s taken this easement area out.  He asked the Board if they’d received a letter from Fred.  The primary issue was changing the location of the driveway, which the attorney said was okay.  They wanted to adjust the property line which was okay’d by the attorney.  The lots were under the 120,000 sq. ft. required.  The attorney felt this was grandfathered and could be approved by the Planning Board.  
        Jim asked if the wording for Condition 6 was on the Plan for the original subdivision.  Butch referred to Note 3 on the Plan.  The old Condition 6 was that the driveways had to be a maximum of 20 ft. apart, and they’re going to be more than that.  He asked if the driveways were to be as proposed, and Butch said they were.  The DOT has approved the location of the driveway.  
        Harry clarified that the landscape easement had been taken out.  Board members discussed whether this would be a minor change.  Jere mentioned the re-adjustment of lot lines.  He felt the abutters were entitled to their say.  The lot line is an interior one that would be changed.  The adjustment only affects Jack Chase, and he owns both lots.  Since it is internal, they felt it could be considered a minor change.  
  • Harry motioned, Jere seconded, that they approve the minor subdivision change, which is the removal of Condition 6 (the driveway would be changed) and the adjustment of the interior lot line between Lots 1 and 2.  They understand that the lots are grandfathered as under 120,000 sq. ft. per the Town’s attorney.  Five voted in favor.
        Jere asked Fred if he could issue a building permit for Lot 2 as a buildable lot.  Fred said that he could, per the Town attorney.   
Ira Stockwell of 10 Justin Merrill Road has submitted an application for a Conditional Use Permit to allow Warehouse and Outdoor Storage in the Business Commercial; Tax map 8, Lot 20-2.
        The Conditional Use would be outdoor storage and firewood processing in the back of the shop, Ira stated.
        Harry asked if this would be considered manufacturing.  Harry asked Fred for clarification on the zone, and Fred said it would be in the commercial zone.  Harry asked if they wanted to process these logs as firewood.
        Jim asked about wood processing.  He understands the logs would be cut up into firewood.  He asked about milling the boards.  Ira showed a picture of a portable saw mill.  Jim asked if part of this application includes a reference to the processing of wood by a saw mill.  Fred clarified that there are two manufacturing processes.  Jim thinks the application just says processing and storage.  
        Ira stated that his employee saws about one week-end a month, and it’s never used in the winter. Jim thinks the use should be added to the application.  He would leave it up to the applicant how he wants to proceed.  Jim thinks there could potentially be a problem at some point.  Milling wood into boards is not considered forestry, Jim thinks.  He wants the clarification.  Keith asks if manufacturing is allowed in this zone.  Fred says it is, but it is a Conditional Use.  
        Ira was confused because when he bought the lot he knew he was in forestry.  He looked up three definitions and thought they would be approved in a business/commercial zone.  He thought he would be allowed to process wood.  Jim read the forestry definition from the ordinance.  It makes no reference to processing firewood or cutting into boards.  Ira says this definition seems like managing lots.  The forester would have trucks and bring back timber.  
        Fred mentions the definition of timber harvesting which is allowed in all zones in Town.  Jim read the definition.  He doesn’t think this includes wood processing or the sawing of lumber.  Any specific use that Fred is referring Ira to the Board for means a question about what is previously grandfathered or what is being done today.  Fred cannot approve manufacturing unless it has been previously approved.  Ira said that manufacturing has not been approved.  Jim suggested he include everything that will be done there so he wouldn’t have to come back before the Board again.
        Jere asked if the firewood was wood that he brings back.  Ira doesn’t bring back any wood.  Another person brings back all of the wood for him.  Darrin uses the mill when they get an unusual piece of wood.
        Keith finds this pretty interesting.  They’re bringing a man who is in the commercial zone in to make sure that he follows the rules.  Keith refers to someone else whom he doesn’t believe is following the rules.  
        Basically, the logs are just an expansion of Ira’s business.  Turnover is really high, Ira says.  There were two major storms which caused major blow downs.  The volume has been increased, which is not the norm.  Ira definitely wants to work with neighbors and abutters.          Keith mentioned that he is in the business/commercial zone so people need to be observant when they buy a home in this zone.  Keith thinks that part of the application is an accessory to the business - piling the logs awaiting transport.  Does Hibbert bring logs from other people to store on Ira’s lot before shipping it out?  He thinks this would be storage.  Harry agrees.  Harry asks if he would like to revise his application.  Ira says he will include the saw milling and manufacturing, which would include the firewood, saw mill and other processes.
        David A asked about buffering.  He might want to consider something along Route 202.  Ira and Rich have a fence he puts up.  Hibbert could move some of the log piles on one side so the fence would be more effective.  They could perhaps plant some hemlocks, too.  He wants to work with the abutters to solve these problems.
  • Jim motioned, Keith seconded, to set a site walk for Ira Stockwell on 10 Justin Merrill Rd, for April 19, 2010, at 6 p.m.  Five voted in favor.
        Jim suggested he amend the application before the site walk.

CEO Report:
        Fred has a follow up on the wood processing down the road owned by Jeffrey Carver.  Fred sent him a notice, and he’ll have until the 22nd of April to deal with this.  
        Caroline asked about the cutting of some of the screening along Narragansett Trail where the Narragansett Business Park is.  Fred has written a letter and asked them to halt what they’re doing until he has further knowledge of what they’re doing there.  Keith thought they were just taking out the undergrowth.  Jere and Jim said that they shouldn’t be cutting it if it’s not dead.   Fred thinks this might need to be changed in the ordinance because a mix and density are important to consider as far as providing some screening.  
        Jim asked them to maintain what was there, which he felt was an attempt by the Board to help the applicants out.  
        Fred says that he thinks something needs to be clarified about what needs to be left for buffering.  Keith, David A and Jim clarified.  Jim and Jere clarified what the Board had asked them to do--leave everything that was not dead or diseased.    

Approval of Minutes:
        Minutes of March 8, 2010
  • Harry motioned, Jere seconded, to accept the minutes of March 8, 2010, as revised previously.  All voted in favor.
        Minutes of March 22, 2010
  • Keith motioned, Jere seconded, to approve the minutes of March 22, 2010, as written.  Four voted in favor; Harry abstained as he was absent for that meeting.  
Approval of Bills:     Southern Maine Regional Planning Commission adjusted bill from 6/29/09 for $330.00.
        David A mentioned this was a bill that had been misplaced and showed up just before Christmas.  They were being billed for color changes to the maps; the Board decided they were unwilling to pay the additional cost since they hadn’t requested this.  A letter was sent; and after three follow ups, they received a decision in the Board’s favor.  The outstanding balance is $330 with a new invoice at the end of March, 2010.  Harry asked if this was the final balance, and David A believes it is.  There was $180 that the Board felt they shouldn’t have to pay.  
  • Keith motioned, Jim seconded, to pay the above bill in the amount of $330.  All voted in favor.
        David met with the Budget Committee on the 23rd of March.  Everything went very well.  The bottom line is that the committee recognizes that they have worked diligently to reduce their budget.  David mentioned he was afraid to make an adjustment in salaries because of the current economic conditions.  There has been a drop, but he expects this will come back over the long haul.  He mentioned that they could deduct 5% from the salaries if required, but they’re down to a “bare bones” budget.  Jere mentioned that any extra would go into the general fund anyway.  David A mentioned that it is better to have it there rather than have to request it.  He noted that they are experiencing age with respect to the laptop so thought they might have to take it out of technology within the next couple of years.  
        Letter from Fred about inspection on March 16 of fire tank of Pleasant Ridge subdivision.  Keith believes the letter should be coming out of the Fire Chief’s office as well.  
        “Maine Townsman”
        Information about Maine’s severe winter storms and flooding - FEMA
        Rich Deister (7 Justin Merrill Ln) asked about a letter he’s sent twice to the Planning Board and to the Selectmen through Diane Senechal.  He says that no one has ever addressed any of his complaints.  Harry explained that any information should go through the Code Enforcement office.  Jim mentions that he would have several opportunities to talk about his concerns.  His two letters (March 11 and April 7) that have been previously submitted - where are they?  Will check with Krystal on this.  When he brought his property, he was told that it was residential.   

Other Business:  
662012_71422_0.png        Review proposed peer review applicants
        Harry suggested they wait for a full Board.
662012_71422_0.png        Review and sign Findings of Facts for:
1.      Navan Leng of Wat Samaki Buddhist Temple; Tax Map 4, lot 43
  • Jim motioned, Keith seconded, to accept the Findings of Fact for the Wat Samaki Cambodian Buddhist Temple as revised.  All voted in favor.
Where do the Findings stand for the Sunrise Ridge Subdivision?  Have they been corrected yet?  They were not on this agenda.

662012_71422_0.png        Ordinance revisions:
        Board members looked over the draft of the ordinance changes and thought they could wait until the public hearing for any further changes.

Discuss the dates for public hearings for zoning ordinance
  • David A motioned that a public hearing be set on the zoning ordinances on May 24 with notices being disseminated to the public and other venues by May 10.  David withdrew the motion
Keith says they can’t set the shoreland zoning tonight because the public has to be notified 14 days before the Board sets the hearing date.  This can be done on May 10.  Krystal will need to send letters out tomorrow, which Harry says are ready to go.
  • Jere motioned, seconded by Jim, to authorize Krystal to send out the 14-day advanced notification for the shoreland zoning ordinance to the Town of Buxton.  All voted in favor.
Keith says that a resident mentioned that they can’t hear the response from the secretaries, so they need to repeat what is said or get a mike there.    
Jere asked if there was anything on secret ballot, and Board members thought there would not be anything.  Everything will be at the town meeting.  Keith thinks they will be giving out a handout at the town meeting.  Ordinance changes are available at the Code Enforcement office.  The town meeting will be on the 12th of June.  

  • Motioned by Jere, seconded by Keith, to adjourn the meeting at 8:16 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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