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Town Seal
Planning Board Minutes 05/10/2010
Town of Buxton Planning Board
        May 10, 2010 at 7 pm

Recorded by Hilda Lynch

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

Board Members Absent:  None

Others Present:   Dennis Santolucito, Penny Booker, Brent Havu, Chad Havu

PUBLIC HEARING: to review the proposed amendments, additions or deletions
to the Town of Buxton Zoning Ordinance and the Official Zoning Map.


Chairman Harry Kavouksorian called the May 10, 2010, meeting of the Buxton Planning Board together at 7:03 p.m.

Pledge of allegiance

Public Hearing for proposed zoning ordinance changes & the updated Official Zoning Map.
Keith motioned, seconded by David A, to open the public hearing.  All voted in favor.
        The 2010 ordinance changes start with Article 2 - Definitions.  Harry went over the proposed net residential acreage changes and net residential density.  He then went on to the definition of bulk fuel storage, the change from building to buildable area, and the change to the placement of the hammerhead.  Harry continued with the changes:
        Under Article 2, shall Article 8, Section 8.2.B.1 be changed as proposed?    
        In Article 3, shall the changes proposed be made to Land Use Regulations of the Buxton Zoning Ordinance?
        Under Article 4, Harry went over changes to Article 11, Section 11.6.
        Under Article 5, Harry reviewed changes in Definitions, Article 11, Section 6, Cluster Developments and Article 13, Section 3, Preparation of a Preliminary Plan of the Buxton Zoning Ordinance.  See change of “or” to “of” in Class B definition.
        Harry read through Articles 6, 7 and 8.
        Dennis had a question on 8.2.B.1; he thought there looked like a more detailed definition.  Is it more or less restrictive?  Keith stated that the Board cannot determine the value of adjacent properties since it is a vague statement in the ordinance.  The attorney has advised that there is no way to prove what is written in the current ordinance.  The Board is trying to give more specific details to replace this language about values of adjacent properties.  
        Caroline asked about the definition of net residential density on p. 1.  She believes the word “net” should be deleted.  The Board agreed.  Harry asked if there were any more comments from the public, and there were none.
        Harry went on to Article 13.  
Jere motioned, seconded by Keith, to waive the reading of Article 13 and refer to the written material as there are 23 pages.  All voted in favor.
        Jim stated that the point that needs to be made to the public is that these definitions are those that have been changed previously.  These changes were to streamline the application process when an Applicant comes before the Board.  There was nothing about final review process so this was added.  
        Harry asked if any members of the public had any comment about the written material.  There
were a few corrections.
        Harry talked about the updating of the official zoning map.
Keith motioned, Jim seconded, to close the public hearing.  All voted in favor.
        All articles are available at Town Hall and will be voted on by the public at the Town Meeting on Saturday, June 12, 2010.  The meeting begins at 9 a.m. at the Town Hall.  Two weeks from this evening the Board will review the Shoreland Zoning additions and changes.   

CEO Report:  

Approval of Minutes:
        Minutes of April 24, 2010 - Add Steva after Irene
Keith motioned, seconded by Harry, to accept the minutes as amended.  Six in favor; Jim abstained.

Approval of Bills:
        David A asked for a motion for $22.62 to the Portland Press Herald for the notice appearing for the Stedman application which was approved.
Caroline moved, Jim seconded, to approve payment of the above.  All voted in favor.

        An invitation to a Tree Pipeline Safety Emergency Response program.  Jim asked if Public Works was aware, and Keith said they were.
        “Maine Townsmen”

Other Business:  
662012_71757_0.png        Discuss and decide on peer review firm.
Harry asked if the Board was ready for a discussion of a peer review firm.  There was some discussion about a primary and a backup.  Caroline says she is torn between Deluca-Hoffman (South Portland) and Sebago Technics (Westbrook).  Deluca-Hoffman would have to sub out for a lot of the work.  She liked the firm that could do all of the work, Sevee and Maher (Cumberland), although she hadn‘t worked with them.  There would be a faster turnaround time.  Perhaps they could write to them and ask if they would be available on an “as needed” basis.  David S thought that they wanted to be held on retainer.  Harry thought they should send a letter asking if they would be available on an “as needed” basis at their hourly rate.  The hourly rates of the firms range from $105 to $90 an hour.  David S mentioned that their charges would be paid for by the applicant.  
                David A says that this precludes any kind of retainer as they don’t have any money budgeted for it.  He doesn’t think the public would accept this with the current budget.  
                Harry mentioned the Town would put them on a retainer and then charge the applicants.  David A is concerned about using the firm when not really necessary and doesn’t want to lose the confidence from the public and applicants by sending a lot out to peer review.  A letter will be sent asking them to be available on an “as needed” basis.  David S mentioned the liability coverage, and Sevee and Maher has a large insurance liability policy.  Jere mentioned that peer review would be used for a large commercial venture or subdivisions.  They were talking about contacting three firms:  Sevee and Maher, DeLuca-Hoffman, and Sebago Technics.
Caroline motioned, David S. seconded, that they request Krystal to contact the above firms to confirm whether they would be willing to assist the Planning Board on an “as need” basis.  Depending on this communication, they would review this at the next meeting.  All voted in favor.     
662012_71757_0.png        Review and sign Findings of Facts for:
Bruce & Nancy Stedman
Harry suggested having the Findings corrected and then reviewed by the Board.  David A asked if this would hold up the Stedman’s.  Keith thought they shouldn’t hurry these and make sure they’re correct.  Jere stated that the application isn’t technically approved until the Findings are approved.

There will be only one more meeting before the Town Meeting.  At this meeting, the Shoreland Zoning ordinance will be reviewed.  Copies are available at Town Hall.  If there are any questions, Harry would urge people to get this information soon.    
Motioned by Caroline, seconded by Jim, to adjourn the meeting at 7:59 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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