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Town Seal
Planning Board Minutes 04/26/2010
Town of Buxton Planning Board
        April 26, 2010 at 7 pm

Recorded by Hilda Lynch

Planning Board Members Present:  Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; Caroline Segalla; and David Anderson

Planning Board Members Absent:  James Logan; David Savage, Sr.

Others Present:  Bruce & Nancy Stedman, Shyla Murray, Bonnie & Jeff Hawkes, Ira Stockwell, Neal Morrison, Cliff Thomas, and Brent Havu

PUBLIC HEARING: 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.


Chairman Harry Kavouksorian called the April 26, 2010, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of allegiance

Public Hearing for Bruce & Nancy Stedman.
Motioned by Keith, seconded by Harry, to open the public hearing.  All voted in favor.
        Harry stated that the Board has held a site walk and discussed it at a previous meeting.  He asked for questions or comments from the Board.
        Caroline asked for clarification on the parking spaces closest to Turkey Lane.  Is there enough buffer to block any lights to the neighbor on the left?  Bruce stated that the parking will be behind the tree lot.  Will there be 70 --any along the driveway area? Caroline asked.  Bruce stated that the parking spaces will be down by the pond.  They have a road going down back where they could have parking.  Caroline doesn’t see the division between rural and residential.  Bruce stated that it should be indicated in the legend.  The area is shaded lighter that is residential.  
        Bruce had a clarification from the DEP that there is a 75’ setback from the bank of the brook.  The town has 75’ from the high water mark.  Caroline asked if they had something in writing.  He said that he forwarded some of what he had received to the Code Enforcement Office.  They will have a Permit by Rule.  The brook is not a river of record for the DEP.  
        How many people did they want to have? Caroline asked.  Bruce stated 200.  
        Jere asked if the Little River was classified as shoreland zoning.  Yes, it is in the Town record.  Bruce said the DEP doesn’t recognize it.  Harry stated that the Town may be more strict than the DEP; it would supersede the DEP.  Since the Town’s ordinance is stricter, then 75’ from the high water mark would be considered.  The yellow line on the plan denotes a 300’ setback, Bruce stated.  Jere asked if they were proposing any activity within the Town’s shoreland zone.  Bruce said they were not except for the river crossings.
        Harry asked if any abutters or members of the public would like to speak.  
Harry asked about an e-mail from the Leavitt’s.  Irene ? (218 Turkey Ln) spoke and said that they have no complaints.  They have no question regarding the Stedman’s integrity or use of the land.  She says other people might object to this, but she is in favor of their project.  
        Harry brought up the note from the Leavitt’s and asked the Stedman’s to address their concerns:  noise pollution, parking, environmental impact, safety and liability, etc.
        Bruce said they would deal with the Town ordinances regarding the decibel level and curfews for sound.  He doesn’t think it would be possible to end a sunset wedding by 6 p.m.  Most of the sound would not go in the Leavitt’s direction.
        They will have staff on hand to guide people in parking.  Nancy says that people who want to have events like this are kind of “green” so would probably be willing to carpool.  They will have the correct number of waste facilities which will be picked up promptly.  Most caterers will wait for the cleanup, so they’re not expecting to have waste there.  They have GAP standards which they have to abide by and will have to enforce these practices.  As far as safety and liability, the Leavitt’s are a little less than  mile as the crow flies so Nancy feels it is unlikely that any people will go onto their land.  There is brush on both sides of the river so she doesn’t see any problem.  Caroline asked about written agreements or contracts, and the Stedman’s said they would have them.  The Leavitt’s could post their land.  They said they’d have any trails clearly marked.  
        Jere clarified that the Permit would be issued to them, so they will be responsible to meet the standards.  The Stedman’s agreed.  Bruce said they will be overseeing any event that will be there, and they’ll have staff there.  If there is an issue of enforcement, the Code Enforcement Officer or police would deal with the Stedman’s.  Nancy said she would let law enforcement know a couple of days in advance of any functions.  
        Caroline asked about discussions with others doing this kind of thing--what were the hours?  An evening event would start about 4 and end about 9 p.m.  The ordinance says 8 p.m. but thinks they’ll be okay within the decibel limits.  Jere asked if Caroline wanted to impose a time.  Caroline thought that since it hadn’t been done before, perhaps they should wait a year or so to see how it goes.  David A thought a 9 p.m. limit would severely limit the hosts.  It could be a quiet gathering.  He doesn’t think there should be any limitations at this time.  Nancy stated that she is going to interview the parties and will screen them accordingly.  Caroline said that they could put a condition in to review it in a year.  Keith mentioned that they have put time limits on other businesses in town.  Jere thinks it is unworkable as of now.
        Fred had no questions.
Motioned by Caroline, seconded by David A, 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 8.2.B & 10.
        3. That the applicant be in compliance with all applicable provisions of
Section 11. (if applicable)
        4. All outstanding bills paid before building permit is issued.
        5.  Maximum of 200 people
        6.  Police notified prior to event
        7.  Revisit end times of events in a year
        8.  Any State/Federal permits be copied to the Town

Jere motioned,  Harry seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.A., 8.2.B, and 10.  All voted in favor. 
Keith motioned, Harry seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Section 11.  All voted in favor.
Jere motioned, seconded by Keith, to approve the application with the conditions stated and from previous meetings.  All voted in favor.
Jere asked about a website.  Bruce stated it was

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.
        Harry asked if the application had been modified to include manufacturing.  Ira stated it had been modified.  A site walk was held a week ago.  
        Caroline asked about a discussion to re-locate the wood chip pile and move some other things to eliminate some dust for people across the street - more buffer for people across the street and for Rt. 202.  She mentioned the closing off of the driveway or allowing access to both driveways.  There was some concern about damage to the roads.  Ira stated that if you looked beyond where the trucks go, one would see that the road is in the same condition.  Ira stated they would provide some higher buffers to help with noise as well.  Caroline mentioned making the lighting a full cut-off fixture.  She thought there was good communication and a willingness to work with abutters.  
        As far as shutting the driveway off on Justin Merrill Rd, Keith would not be in favor as it is a Town road.  The ordinance says 6 ft., so he considers Ira’s fence high enough.  As far as screening on 202, he thought the ordinance was changed so people didn’t have to allow as much screening, for example, used car lots.  If someone else doesn’t have screening, he would have a problem with requiring it.  David A felt there should be a 6 ft. buffer on all roads - referred to 10.10.A.
        Jere thought there was a little bit of an issue with the loading of an 18-wheeler trailer by the pulp truck.  If that operation could be moved further away from the neighbor’s house, he thought it would be okay.
        Harry asked Fred about some noise tests he had done.  Harry said that the chainsaw was being used right near the Justin Merrill Road.  Hibbert reminded Ira that Fred measured the noise once when he was cutting on the neighbor’s side of the truck, and it was close to the limit.  He thinks that the buffer of the truck itself would be okay as the noise level was much lower on the other side of the truck.  
        Harry stated that Ira wouldn’t be operating these businesses; they would be operated by other people.
        Keith mentioned children playing on the wood chip and log piles.  He wanted to know if they could put signs up.  Ira said they have a sign up regarding the danger.  He wants to move the chips closer to the building.  If the wood chip pile is not near the wood, it would discourage the kids from going over to the wood pile.  Keith thought that the mess he has there now might not happen again.  Caroline asked if he visits the site to check on things.  He says he is there every morning.  Once in awhile they have something going on Saturdays, but usually there is nothing on the week-end.
        An abutter asked about not having the public hearing on the 10th of May.  The applicant has agreed to have the hearing when the abutter could be here.  Keith didn’t agree that they should wait.
Jere motioned, Harry seconded, to hold a public hearing on the above application (including manufacturing) on May 24, 2010, at 7 p.m.  All voted in favor.
        Jere asked about a landscape plan and buffering.  Ira has given this to Krystal.  Caroline said she didn’t see the second driveway on the Plan.  Ira clarified for her.

CEO Report:
        Fred mentioned the parking lot for the Town Park.  It is being worked on so he hopes it will be serviceable for the summer season.  Coordinating with that, there will be some ditching on Town Farm Rd to alleviate some flooding problems.  Keith said that when they approved the ball fields, they approved the expansion of the parking lot.  Once done, there may be more parking so the Plan may need to be revised to show additional parking.  Based on the size of the clearing, DEP doesn’t have to provide approvals.  Keith says that DEP is involved because of the size of the property. Caroline asked if it was a Site Location Permit.  If so, it would have to be amended.  Keith said that the additional parking was a part of the original plan, but now he’s not sure if there will be a little more.  Jere and Caroline said that the Plan would have to be followed.
        At Pleasant Point, there are plans to have a logger come back to do some cleanup.  Most of the damage was on the south side of the road where most of the damage occurred during the last storm.  A lot of the smaller hardwoods are starting to leaf out so this will help the overall looks of the site.  The logger will either make enough money to cover his costs or the money would go back to the Pleasant Point Park fund.  Jere asked if this would be done by a certified logger. Everett Towle, a Forester, and Wing would be doing the work.  Could notice be given to some of the people living in the area?  Fred says he believes they were aware.  Jere said there was an issue last time.  
        Harry asked if he had time to look at some of the little signs that have been coming up along 202.   Fred says he has them in his office.  DOT doesn’t allow the signs within the right of way, and the Town doesn’t allow it except on a person’s own property.   Jere asked if people could legally post on telephone poles, and Fred says that technically they could not.  Nails in the poles shorten their life.

Approval of Minutes:
        Minutes of April 12, 2010 -
Keith motioned, Jere seconded, to accept the minutes of the April 12th meeting with one amendment.  Four in favor; Caroline abstained.

Approval of Bills:
        David A had nothing to report except that the Selectmen continue their work on the budget.  He believes everything is going smoothly.  David A mentioned a lot of use of the copy machine regarding ordinances and such.  Could they take out of the Planning Board budget $33 for a case of paper?  
Caroline motioned, Harry seconded, that the Planning Board budget cover a case of paper and to give David A the authority to cover any expenses regarding Planning Board work.  All voted in favor.

        Maine floodplain update

Other Business:  
662012_71600_0.png        Discuss and decide on peer review firm.  Since only five members are present, Harry wondered if they should wait until more members are present.  Caroline thought Jim would have some expertise in this decision.  Jere agreed.
662012_71600_0.png        Review and sign findings of facts for:
1.      Sunrise Ridge Subdivision -
Caroline motioned, Harry seconded, to approve the Findings with this evening’s amendments.  Four in favor; Keith opposed.
662012_71600_0.png        Ordinance revisions:
Set the public hearing for the proposed Shoreland Zoning Ordinance and Mapping revisions, the Official Zoning Map and the proposed ordinance changes, for either May 10th or May 24, 2010.
Keith mentioned that if people want a copy of any of the Shoreland Zone changes, please e-mail Krystal so she may e-mail them a copy.  They can call or e-mail Krystal to get this.
Keith motioned, Caroline seconded, to set the public hearing for the Shoreland Zoning ordinance mapping revisions for May 24, 2010.  All voted in favor.
Jere motioned, to set a public hearing for the Official Zoning Map and the proposed ordinance changes for May 10, 2010.  All voted in favor.
        There was some discussion about the reasons for the Shoreland Zoning ordinance changes being done.  Does the Board want any legal counsel present or will the Board take the questions and forward them?  Jere thought they should just take the questions.  
        Brent Havu asked if they could zoom in on the map to show the public the map before the public hearing.  He asked if there is a copy of one available to take home.  Is there an electronic copy of it?  Jere thinks Krystal would have it.  Jere thought all people affected have been sent written notification.  Caroline thought that everyone might not have been notified.    

Motioned by Keith, seconded by Caroline, to adjourn the meeting at  8:15 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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