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Town Seal
Planning Board Minutes 06/14/2010
Town of Buxton Planning Board
June 14, 2010

Recorded by Hilda Lynch

Planning Board Members Present:  Scott Havu; David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; James Logan; and David Anderson

Planning Board Members Absent:  Caroline Segalla  

Others Present:   C. Thomas, Keith Emery, Henry C. Huntley, Ira Stockwell, Brent Havu, Chad Havu, Louise Morrison, Neal Morrison and Richard Deister  

PUBLIC HEARING CONTINUED: Colonial Tree & Landscaping of 10 Justin Merrill Road has submitted an application for a Conditional Use Permit to allow Warehouse & Outdoor Storage and Manufacturing in the Business Commercial; Tax map 8, Lot 20-2.


Chairman Harry Kavouksorian called the June 14, 2010, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of allegiance

Harry introduced the newly elected member of the Planning Board, Scott Havu.  He announced that Caroline was unable to be here this evening.

Public Hearing for Colonial Tree & Landscaping – continued
        Ira reported that the wood chip pile that he’s reduced is now over towards Hegarty Plumbing.  The X’s on the plan are for piles of logs which they’ve moved towards the shop.  They’ve gotten a port-a-potty.  The firewood would be in the corner as it has been.  The parking of the truck overnight and the trailer are maroon rectangles on the plan.  The placement of the buffer trees he has approximated on the Plan.  He wants to be able to put them in places where they’d be most advantageous.
        Harry mentioned that he noticed that Ira’s added a gate.  Ira said it would be two posts and a chain that he can lock to prevent people from going onto the property.  Harry believed the idea was to restrict the hours of operation, which Ira agreed.
        Jere got a call from an abutter after the last public hearing.  He went down and found a truck unloading around 8:30 - 8:40 p.m.  Ira said that the fellow who hauls the logs to the mill no longer does it, and the new fellow, Vance, was unaware of the rules.  Ira said a police officer got there who seemed to think that 8 p.m. was the cutoff.  This logger comes in on an average of once a month, Ira stated.  Harry asked if he would come in during the hours established, and Ira agreed he would.  
        Ira would still like to offer wood chips to people coming in.  Harry said that Ira would still have to operate within the hours established.  
        Harry asked for comments from the Board.  Jim clarified 7 a.m. to 8 p.m. for business hours.  He told Ira that it would be legal if the Board approves the Conditional Use Permit.  Harry asked Fred when the noise ordinance level drops.  Ira stated that the only reason he gave 8 p.m. was in case he had to take a truck out in an emergency because usually he wouldn‘t be there that late..
        Jim clarified that the neighbors did not have problems with Ira’s truck; it was the other contractors they had concerns about.  Jim gave an example if he were the neighbor.  Ira said that 6 p.m. was fine, but the police officer said 8 p.m. was okay.  Jim reminded him that he was here for manufacturing and storage.  Harry thought that as far as the hours go that he included something regarding emergency work.  He thinks the hours are the hours.  Ira said that if there is a bad storm he would need to get trucks out.  Harry clarified that he wasn’t talking about Ira being there.  Jere asked if he would be willing to amend the hours for manufacturing and storage to 6 p.m.  Ira said he would, and he would put gates up, and the last person there will lock them.  Harry reminded him that he was responsible for the Conditional Use Permit.  Jim said he has a better feeling about this because of Ira’s willingness to work with his neighbors.  
        Harry mentioned the screening and planting of trees.  He mentioned Mr. Deister was concerned about Article 11.  He asked if he had any specifics about the height of the fence.  Ira said that the fence that was there is 7 or 8 ft.  He is going to put trees that will reach 8 to 10 ft. in height.  He’s chosen Eastern White Pine as they will grow faster.   
        Scott asked how long Colonial Tree has been operating.  Ira said around 10 years.  What type of hours has he been operating?  Ira said he usually gets there around 6:30 p.m. to hook up a couple of trucks and leaves around 7 a.m. and returns about 3 p.m.  Scott was wondering about the noise issues.  Does he usually work until 8 p.m.?  Harry explained that Ira has people who are leasing the lot who are processing firewood, storing logs, etc.  The two things they’re looking at are storage and manufacturing.  Ira said that the loading and unloading of logs won’t go past 6 p.m.  
        Where will logs be sized, Harry asked?  Ira mentioned that it was right where the X’s are on the Plan.  It would be on the other side of the house.  He’s made his contractors very aware of where the work needs to be done.
        Jere asked if any manufacturing would be done on Saturdays.  Ira said it wouldn’t.  Ira was given a permit by Fred because his building is less than 1500 sq. ft.  Fred had the ability to do this.  A few years ago the use changed with the pulp trucks and firewood operation.  Jere asked if he was going to get rid of the fuel tank, and Ira said he was.  Jere is going to make it a Condition of Approval.  If they don’t sell it, they’re going to cut it up for scrap, Ira stated.  Harry asked if 60 days would be reasonable to remove it, and Jere felt it would be.
        Fred had no comments at this time.
        Louise Morrison spoke as an abutter.  She would like to know if there is going to be a gate on Rt. 202 where the trucks access the property.  Ira says there will be.  Louise says it is the logging that makes the excessive noise.  He has moved the cutting right in front of her property, and the noise is getting louder.  She doesn’t think it is fair to her to hear this all day long.  As far as the loggers go, they get there between 6:30 - 7 a.m., and this goes on all day.  Since he was breaking the law before he came for this permit, what is to stop him from continuing to do things that aren’t allowed.  Harry clarified what the standards are that he’s going to be held to.  She asked about the “adverse effect on property owners.”  Harry said that as long as the operation falls within the guidelines in the ordinance, that is the standard that he’ll be held to.  She has still noticed children on his wood pile right after he came before the Board.  Children go there and play.  She thinks Ira should be concerned about his liability.  The parents are loading wood chips. She’s asking him to limit the size of the pile.  Harry said there would be a height restriction, which Ira said would be a legal truck height.  Harry said that if parents are there and supervising their children, he doesn’t think this falls under Planning Board purview.  
        Rich Deister, an abutter, spoke.  He mentioned the term used that people are leasing the property, which is a monetary thing for Ira.  Rich says that Ira is letting these people use his property at no cost.  With that being the case, if you said “no” to the logging, it wouldn’t harm Ira’s business.  If the logging was not approved, Ira wouldn’t have to do buffers, gates, etc.  Harry says that Ira has come forth and says he wants this.  Jim says they can only say “yes” or “no” to what he proposes.  Rich says it doesn’t harm Ira’s business either way but does more harm to the property owners.  He’s stated a lot of his objections before so is not going into them further.  Harry asked if he’s submitted anything that shows that his property has been devalued.  Rich thinks Ira would need to prove that his operation wouldn’t devalue property around him.  Harry says he’s complying with the conditions being placed on him; he’s complying with the ordinance.  He doesn’t see how they can refuse his application.  Rich says that his zone was grandfathered.  Jere says he’s in the commercial zone, so there are no restrictions.  Why is he having to come for a Conditional Use Permit? Rich asked.  Since he’s asking for manufacturing and outdoor storage, he had to come before the Board.  8.2.B.1, Jere stated that the Board has had a tough time with that.  A number of people could get people to state a property is or is not being devalued.  Rich says he understands that it doesn’t say who is responsible to determine this.  He thinks it would be incumbent on the Planning Board to do this.  He’s requesting that the Board make a decision about the surrounding properties.  Jim says that they will do this for any Conditional Use.  Jere says that if this gets approved and is not being enforced, Rich may hire an attorney and sue the Town.  
        Keith Emery spoke.  The zone was changed in ‘89.  It has been 21 years.  He has been listening.  The logging crew shows up at 7 a.m. and is there all day.  He doesn’t see them there all of the time.  A comment was made that they’ve called 100 times - what would you call that?  He said he’d call that harassment.  As far as children playing, the parents are responsible for that.  He mentioned the value of property.  Some people need to look out their own front window.  Ira’s got a two-acre lot, and he’s only going to be able to use an acre.  He hopes other people in the area who have home occupations have permits to be there.
        David S thinks Ira should check with a lawyer because he thinks if a child got hurt he might be liable.  Ira said they have put signs on the logs so thinks that will put a stop to that.  They’re going to keep the piles 13 ft. or less.  As far as the noise, Dearborn trucks, Harleys and other vehicles on Rt. 202 make more noise; Ira’s measured the decibels of some vehicles going by.  He says they’ll abide by the requirements.  He’ll put screening which should help with the noise.  He believes a host of things can go in on a commercial lot.
        Louise Morrison spoke again.  As far as the noise is concerned, it is a continuous noise--picking logs up, dropping them, bang, bang, bang…  The milling is a continuous noise.  She wants to tell Mr. Emery because the loggers leave the site for about an hour and a half and come back with more logs.  When she called at 8 p.m. at night, they were there.
  • Jere motioned, David S seconded, to close the public hearing.  Six 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.
  • Jere motioned, Harry seconded, that they read each section of 8.2.B. and vote on them.  Six voted in favor.
8.2.B.1 - Six voted in favor
8.2.B.2 - Six voted in favor
8.2.B.3 - Six voted in favor
8.2.B.4 - Six voted in favor
8.2.B.5 - Six voted in favor
8.2.B.6 - Not applicable - no additional impervious material proposed - Six voted in favor
8.2.B.7 - Not proposing any modification of existing site - Six voted in favor
8.2.B.8 - Six voted in favor
8.2.B.9 - Six voted in favor

  • Jim motioned, Harry seconded, to waive the reading of Article 10.  Jim says this is the portion of the ordinance that deals with the noise, but this is embedded in the ordinance.  Six voted in favor.
        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.  The hours will be 7 a.m. to 6 p.m. Monday through Friday.  No Saturday or Sunday business for the
        6.  The fuel tank removed or placed in a leak proof container within 60 days.
        7.  There will be full cut off lighting on the building.
  • David S motioned,  Harry seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable).   Six voted in favor.
  • Jere motioned, seconded by David S, to approve the application with the conditions stated and from previous meetings.  Six voted in favor.
        Rich asked about when the screening would have to be done?  Would 60 days be adequate?  Louise says it would as long as the screening was appropriate.  She mentioned that another business planted little seedlings and they died.  Jim said that he thought that Ira was planning to do this in good faith.
CEO Report: Fred had no report this evening.

Approval of Minutes
        Minutes of May 10, 2010  
  • Jim motioned, Harry seconded, to accept the minutes as written.  Six voted in favor.
        Minutes of May 24, 2010
  • Harry motioned, David S seconded, to accept the minutes as written.  Six voted in favor.
Approval of Bills:
·       Portland Press Herald for $52.20 to cover legal ads for the ordinance amendment public hearings.
        David A requests a Board member make a motion to approve the above.
  • Harry motioned, Jim seconded, to pay the above.  Six voted in favor.
·       Southern Maine Regional Planning in the amount of $346.87 for assistance during the Shoreland public hearing.
  • Harry motioned, Jere seconded, to pay the above.  Six voted in favor.
        Note from Maher Engineering regarding the Board’s request.  They’re interested in providing the peer review services when needed.
        Letter from Joyce Nelson asking for a change of the zoning of her property.  The Comp Plan that Ms. Nelson refers to was never adopted.  It is not in force at this time.  A zoning change would have to go before the Selectmen or the Planning Board would have to vote to put it on the warrant.  There is a process whereby a resident can petition for a change, and he’d recommend getting in touch with the Code Enforcement Office to find out about this process.

Other Business:
        Review and sign Findings of Facts for:
        Bruce & Nancy Stedman - Harry asked if there were any changes or questions.  
  • Harry motioned, Jere seconded, to approve the Findings with one modification of re-numbering.  Six voted in favor.
        Jack Chase - Bonny Eagle/Subdivision
  • Jere motioned, David S seconded, to approve the Findings of Bonny Eagle 1 Subdivision Amendment.  Six voted in favor.
        Harry mentioned that the voters rejected the zoning map, Article 59.  David A read the article.  He wasn’t sure if it was the zeal of the people attending or their lack of understanding.  This zoning map is the legal basis for all zone changes that have been established since 1999.  He gave an example because of the effect on the new school and the Weeman property.  David A asks if they can re-do it and hopes that everyone who is in attendance would understand and vote for it.  Any changes could be made if any other subdivisions were approved. He knows the town waited for 13 years to do anything about it.  Ninety percent of the money spent was for the zoning map and the shoreland zoning was an overlay.  Jim said that since the zoning map would have been in effect at the time it was approved, he believes there wouldn’t be any legal issues.  Jere thinks that the changes aren’t considered legal until they’ve been voted on by the Town.  If the changes were in effect at the time they got a valid approval, Jim believes they should be okay.  David A asks if they can go back and ask the voters to vote on the same map or do they have to make a revision or change.  Board members mentioned they should get legal advice.  

Election of officers -
  • Jim nominates, Jere seconds, Harry K as Chairman.  David A would like to see him continue.  Five in favor; Harry abstained.
  • Harry nominates Jere as Vice Chair, Jim seconded.  Five voted in favor; Jere abstained.
        Jere asks if Caroline is still Secretary.  
  • Jere nominates, Jim seconds, that Caroline continue as Secretary.  Six voted in favor.
  • Harry nominates David A, Jere seconded, as Treasurer.  Five in favor; David A abstained.
        Harry stated that they needed to review the by-laws.
        David A mentioned he has $40 left in supplies.  Is anything needed?  Someone mentioned a ream of paper and a marker.    

  • Motioned by David S, seconded by Jim, to adjourn the meeting at 8:17 p.m.  Six voted in favor.
    Approval Date:  ____6/28/10______

_________________________________           _______________
               Harry Kavouksorian, Chairman                    Signature Date

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