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Planning Board Minutes 12/13/2010
Town of Buxton Planning Board
Minutes
December 13, 2010


Recorded by Hilda Lynch

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

Board Members Absent:  Caroline Segalla

Others Present:  Henry Huntley, Penny Booker, Brent Havu, Cliff Thomas, Keith Emery

Chairman Harry Kavouksorian called the December 13, 2010, meeting of the Buxton Planning Board together at 7:02 p.m.

Pledge of Allegiance

Continued discussion of Shoreland and other Zoning Ordinance Regulations
        Harry opened the meeting by mentioning the possibility of DEP giving the Town a map and ordinance language.  DEP will give the town a map and do the ordinances, but the Town is still responsible for the stricter zone.  Developers, the Code Enforcement office, etc. would have to go by the stricter ordinances so they would have to look at two maps.  Mike Morse urges us to come to some kind of conclusion, to pass some kind of agreement acceptable to the voters.
        The Town Attorney looked over the language for a non-binding question.  Bill is fine with Question Nos. 1 & 2 submitted.  The Planning Board is still obligated to hold a public hearing.  
        David A asked if there was any thought about how this information would be gotten out to the public.  Harry thought they would get this out on a ballot in June.  David S mentioned that if there was a Special Town Meeting, they might get this out.  Unless it was a significant issue, there might be no more than 30 people for a Special Town Meeting.  Jim thinks it should be gotten out to the public to educate people prior to the June meeting.  There was some agreement.  Jim asked if was appropriate to post this at the desk at the town hall.  Jim went out on a couple of Saturdays to the transfer station.  He thought a sign might be posted on the front desk.  David A fears letting this go almost another year.  The State won't let it go forever.  David S mentioned that this is something the town voted on so would have to go to an official vote.  
        Harry thought Cliff asked about going back and defaulting to all of the minimum guidelines, which is Question No. 2.  Harry asked if there were other issues where Buxton is more restrictive.  Jim thinks we need to be clear about the subject of 300 vs. 250 ft.  It could be thought of in two steps.  David S is interested in the history; others thought that they hadn't been able to find that.  Jim believes that people need to be educated, and they should try to get a lot of people out for a vote.  Jere thinks it should be done in preparation for the June meeting.  Harry asked about what point they would have a public hearing.  Use that forum for disseminating info.  Jere says that if the 50 ft. reduction is done in both zones, they could have the shoreland maps redrawn and presented at a Special Town Meeting.  They'd be stuck with the same thing because this is what DEP is going to impose.  
        Jim wants to have some idea about what the general population in Buxton wants.  The 250' or 300' has got to be resolved.  It makes a degree of sense that there will be a period where there will be two sets of maps.  Prepping as much as possible needs to be done for the June vote.  Once we find what the voters want, then it could go to a Special Town Meeting.  We're stuck with the DEP maps, Jere says.  Harry clarified the two ordinances and two maps; the 300 ft. will prevail.  If the changes are not approved, that would be enough incentive that the Town have the maps done with a 300 ft. buffer, Jere says.  If the vote does not prevail, then the maps can be done with 250 ft. buffers.  To change the ordinance, there would have to be a secret ballot in November.  Jim is suggesting making this a binding question.  He'd like to have better information.  If X number of people could be polled, then there would be more information.  David A asked if they could formulate a way to get a nonbinding questionnaire out so they could have the results back to put on a ballot in June.  Harry doesn't think they can get an accurate read by polling people in different places.  David A and Harry think they need to present the pros and cons from both sides.  The Town would be living with the 300 ft. for the time being.  They need to be thinking about this for the next meeting.  Packets need to be available for the public.  The Board will make a decision about a binding vs. nonbinding resolution, Jere says.  Jim thinks he's leaning towards making it binding, as is Jere.    
        David A mentioned that they didn't want to leave out the forested addition.  The definition is more restrictive by omission.  All think that this is an ordinance change that should just take place regardless.  You still have to be 100 ft. from the water, David S says, for building.  Harry wants to appear objective in presenting it.  Board members felt they should wait to make a decision when everyone is present.  Harry clarified for Henry Huntley what he thinks the Board wants to do in preparation for a vote.  How about an extended public hearing and advertising in the newsletter.  Henry says that Pat Packard would be willing to come in and speak to the Board.  Henry thinks the current ordinance was a response to excesses done before zoning.  Henry thinks that now there are more protections in place, people would be more willing to look at 250 ft.  
        Cliff asks about Question 2.  He thinks all of the things listed imply 250 ft.  He says only the Saco River and Bonny Eagle Pond would require this.  Jim thinks Cliff is right.  He thinks that one of the things they would be voting on was removing the streams.  The list would be removed except for Saco River and Bonny Eagle Pond.  There is a question about the Stroudwater River and Little River.  Can we find out if these on the list meet the 250 ft. requirements, Jere asked.  They need to clarify this.  These are headwaters in Buxton - the Stroudwater and Little Rivers.  Jere says if they clarify this, it would answer Cliff's question.  Jere asked Jim if he would look into this with DEP.  Except for the wording in the ordinances, how would it change the maps drawn up by the town.  Jim doesn't know if they've decided this because it may be premature.  Jere asks if there is any more that should have the 250' protection.  David A asked if they weren't here on this page (in the ordinance), would these streams and brooks still show up on the map.  Jim is going to research.  He doesn't want to automatically defer to DEP.  He might like to find out for himself why some of these might want to be in there.  Jim says this list would be history if the change is made.  The DEP doesn't make a good distinction between a creek/brook or a river.  Jere says if they strike the list and they come up under review as 250', then it won't matter.  Jim says the essential formula for the map is the same.  
        Jere is leaning towards making this a binding question in June, whether the public wants the brooks, rivers, etc. in the list to be protected by the 250 - 300'.  
        Henry asks about wetlands.  It would still be the 250' mandated by DEP unless the Town decides to stay with 300'.  They're creating new shoreland zones around wetlands.  Jere asked about the difference between the 250 and 75'.  The setback is 75'.  There is a 300' zone with a 100' setback, as David S stated.  Jim thinks these streams have 75' now, but it's the widths around them that prevents certain activities.  
        Jim thinks he's feeling pretty clear now about making the question binding.
"       David S motioned, Jere seconded, that they take a vote on a binding resolution of Question 1 (Should the Town amend Article 2 - Definitions of the Town's Zoning Ordinance - to reduce the buffer of the Shoreland Zone from 300 feet to 250 feet to match the DEP's minimum guidelines) & 2 (Should the Town amend Article 9.4.A. Shoreland Zones of the Town's Zoning Ordinance to reduce the buffer of the Shoreland Zone from 300' to 250' to match the DEP's guidelines.) to put on the secret ballot in June (an article on the warrant).  Six voted in favor.  
        Jim requests the word buffer be changed to widths.  It would be at such time as the public hearings that Pat Packard could come in to talk with them.  Henry asked about secret ballot vs. town meeting.  David S believes that it was changed originally by secret ballot, so must be done that way.  
        Henry asked the effect of the binding resolution.  Jere clarified.  Jere says it needs to be in one article.  It has to be made very clear that if they don't go from 300' to 250', the rest is moot.  Jere says they'll take input for the next several months.  Henry asks if this will be posted with the Board being neutral.  Harry says his personal feeling is that they'd like to keep it as neutral as possible.  Jere says that last year it had to be ready to put on the warrant by April 7.  The public hearing would be near the end of May.   The Selectmen would need to put this on the warrant.
        Penny asked about the question of forested/non-forested, which needs to be handled separately.  This would be another question that would go on the floor of the Town Meeting in June.  These would be more housekeeping types of ordinances, Jim thinks.  Cliff thinks there will need to be something in wetlands to exclude forested wetlands.  The words "other than forested" needs to be added to keep wording consistent with DEP.  
        Harry says he'd like to wait for Caroline to be back before going through the 2011 ordinance changes.  Jere says that he thinks Caroline just streamlined the ordinance so that it would be easier for people.  This would save a developer a considerable amount of time before the Planning Board. The Board is lucky to be able to use her professional expertise.  Any change at all has to go before the Town.  Harry says they'll re-submit this as stands - an act to amend Article 13.  Jere raised some questions about bulk fuel storage.  Jere says that every change should have its own article.  Jere wants to find out from Krystal if they've adopted a definition of bulk fuel storage.  The new definition did not pass.    Jim thinks the article was for private use only.  Jim thinks the re-sale to the public should not be in there.  Bulk fuel storage was allowed in the light commercial zone.  The Land Use Table was approved but not the definition.
        Jere mentioned changes to cluster subdivisions.  Article 56 - soil survey & mapping requirements - this was voted down.  
        P. 3 - Article 2 - part of it did not pass.  That is why all of these articles are included back in the document.  Classic should be changed to "Class."  There was a question about the finished surface being on roads before acceptance.  It is not written.  
        Jere mentioned putting back on the warrant the adoption of the zoning map.        

CEO Report
        None

Approval of Minutes:
        October 18, 2010 Workshop -
"       Jere motioned, seconded by David S, to accept the minutes as amended.  Six voted in favor.
        November 22, 2010 -
"       Motioned by David S, seconded by Scott, to accept the minutes as amended.  Six voted in favor.

Approval of Bills:
        None

Communications:
        ??? about how the Town would be an abutter to Tamworth
        Southern Maine Computing gave Caroline a loose estimate on the digitizing of Town tax maps.
        USM said they would digitize for free - reminder to have Krystal look into format needed - paper only?  Selectmen had a workshop last week and talked about this, Cliff says.  They were going to ask someone out to talk with them about it.  Jere asked David A if he would check in with the Selectmen on this  He will report back to the Board.
        Risk assessment map from FEMA
        Pamphlet Rob dropped off is with Krystal - worthwhile for people to look at
        Dues coming up for SMRPC - will go to the Selectmen.  There is a 3% increase to $2223

Other Business:
        Exxon-Mobil - pipeline safety
        The "Maine Townsman"    

Motioned by Scott, seconded by David S, to adjourn the meeting at 8:46 p.m.  Six 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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