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Planning Board Minutes 08/09/2010
Town of Buxton Planning Board
Minutes
August 9, 2010


Recorded by Hilda Lynch

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

Board Members Absent:  James Logan; Scott Havu

Others Present:   

Chairman Harry Kavouksorian called the August 9, 2010, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of Allegiance

Request from Ellyn & Timothy Phelps to withdraw their application for a restaurant and retail sales at 414 Narragansett Trail, Tax Map 5, Lot 48.
        Harry announced the withdrawal of this application.

Review of By-Laws
        Jere asked about meetings following a Monday holiday being on an alternate date, and Harry confirmed that this was in the by-laws.
        David A talked about there not being a set format for meetings; he would like to put on the agenda a place for public input at their meetings.  David asked if Other Business would be a place to have this.  He would like to discuss it or add it.  He believes that by the time applications get to public hearing it is difficult for the public to address any issues.  It would be helpful to encourage people to come out to there meetings and be allowed to speak.  He hopes the public is not held back from participation and would like to encourage it.  
        Caroline thinks that this could be stated at the beginning of meetings.   This would allow the Board not to take public comment on particular projects.  They would take input on particular parts of the meeting.  Harry clarified that this would pertain to things outside of a particular application.  
        David A said that this would allow people to bring in particular issues related to applications.  This would eliminate things just coming from the Board members’ own ideas.  
        Jere thinks that people can write letters if they have issues.  He doesn’t think it will be productive for people to come in and speak “off the cuff.”  If the Board has something in writing, then a person could come in and talk about their communication.          David A was looking at the way the Selectmen open things up to public comment.  Some comments can be very helpful to the Board since they might not think of everything.  
        Jere thinks the Chair could make a decision on appropriateness of input.  There was some agreement on the need for more public comment.  
        Harry is concerned about public comment on particular applications.  Harry thinks this could be handled under Communications as Jere mentioned.  
        Carolyn mentioned that if people come in that the Board should give people a chance to speak.  Jere likes having the correspondence coming in for their files.  He thinks it depends on what the town is willing to spend on particular issues.  
        David S asked where people could find what is on the agenda.  David A said it is posted at town hall, on the website, and possibly some other locations.  David S thinks this could generate people coming in for discussion.  
        Harry says they’re only allowed to take public comment on particular applications.  Caroline mentioned that all meetings are at the same time and people can come in.  Jere said that a lot of Planning Boards only take public comments during public hearings.  
Jere motioned, seconded by David S, to accept the by-laws as written for 2010-2011.  Five voted in favor.      

Review Shoreland and other current ordinance revisions
        Harry said he hasn’t had a chance to talk with Krystal about this.  Caroline thinks that there’s still time at a Special Town Meeting.  She suggested setting a workshop date to discuss one at a time.  She hopes to have good input from the public in order to get this back before the public and approved.  Jere thinks the Town should send a post card to everyone who is affected by the Shoreland Zoning ordinances.  
        There was some discussion about whether Krystal could do this and the cost.  One of the issues is that people weren’t happy because they didn’t know about it.   Jere’s more than willing to listen to what people want to change but hopes people understand that they’re very limited in what they can do.  
        David A believes that there were comments from the podium that people had enough with government telling them what to do.  Unfortunately, they would be accepting a more stringent ruling than the Planning Board wanted to have for the Town.  Board members spoke about the State statute versus what the Planning Board wanted to do.  Harry thought the public was willing to go with the DEP because of the 250’ setback.  Jere thinks the other issue is whether the Selectmen are willing to put this on a Special Town Meeting.  
        David A asks whether they can give the Town a newer version or whether they would just keep presenting it over and over.  What do they do about the Town zoning map?  Jere thinks it will come up again at next year’s town meeting.  David A says that nothing is official so there are legal issues.  Jere says that the zoning map and shoreland zoning would have to be brought to a Special Town Meeting.  David A thinks people would understand the difference now between the two issues.  
        Harry asked if going to the 250’ zone has to pass first?  Caroline says that everything was included in the Shoreland zoning.  They could have a separate article on changing the setback from 300 to 250’, Jere thought.  Caroline asked why one would break up the shoreland zoning document.  Maybe they need to check with Bill on amending this.  Jere says that the basis of zoning is agreeing to limits set by the town’s authority; property owners are giving up some of their rights to protect their property in the long run.  When zoning was first put together, they agreed to put particular uses together.    Caroline mentioned the protection of natural resources as well - a balance.  Harry says that people want to be able to develop their land the way they want.  Jere mentions the fine line about how restrictive the Town can be.  Harry believes that part of the problem is that areas that hadn’t been identified are now being identified.  Jere said that now there is a question of who is responsible.  Money to start digitizing the tax maps needs to be requested of the Selectmen.          Jere thinks there should be a shoreland workshop, notification should be sent, and see how many people come.  They can proceed from there.  David S asked about a workshop vs. a special town meeting.  There was general agreement that they should do workshops.  There was some discussion about how the workshop should be done.  A post card could be sent to all land owners in the shoreland zone and contain the website and a number for people to call to check further on this.  Is it realistic to give Krystal only a week to do this?  
Caroline motioned, seconded by Harry, to set a workshop to discuss ordinance revisions (related to land use) on 8/23 and shoreland zoning for 9/13 with Krystal notifying those who are in the shoreland zone.  Caroline believes funding can come out of shoreland monies.  Jere thinks there is a lot of confusion between the FEMA maps and shoreland zoning.  All voted in favor.  Jere stated that any kind of public comment will be taken at these meetings from any person who comes.        

CEO Report
        None.

Approval of Minutes:
        June 28, 2010 - p. 3 - 3rd from the bottom paragraph, word “drive” has an extra “r”; and last paragraph, “re-planed” should be “reclaimed”      
Jere motioned, seconded by Caroline, to approve the minutes as amended.  Five voted in favor.

Approval of Bills:
       Southern Maine Regional Planning in the amount of $260 to cover four hours conversations with Mike Morse on Shoreland Zoning and Mapping.
        David A mentioned that this bill is for research, memo writing, and conversations.  He’d like to have this input to the 2010 fiscal year rather than the 2011 since the invoice is dated 6/29/10.  He wanted the Board’s approval.  This work is between J.T. Lockman and Mike Morse on Buxton’s behalf.  Caroline said that there was a lot of e-mail back and forth.  Board members agreed that moving it back to 2010 would be okay.
Jere motioned, seconded by David S, that payment be made for the above from 2010 budget.  Five voted in favor.


Communications:
        Saco River Corridor Commission - F. P. Energy Maine intends to file an application to install a monorail rake system to remove debris that accumulates on the trash rake.  The Town is being notified as an abutter.  Any written comments or requests for public hearing must be received within 14 days of the date of filing, which was July 1st.
        Letter from University of Maine to participate in a study.  They’ve done a survey regarding issues municipalities have to deal with, and the survey will be sent out next week.
        The Maine Townsman
        Jere asked about having something in the ordinances about marijuana dispensaries.  Caroline thinks the Selectmen will have to make a decision on this.  There was some discussion about them being mostly in more heavily populated places.  It can be discussed on 8/23, Caroline thought.

Other Business:
        Review and sign Findings of Facts for Colonial Tree
        No. 26, top of p. 3 - “no new construction is proposed”  
        No. 24, p. 3 - two 36’s, No. 37 “will be done with a chain saw”;
        No. 41 - fence referred to as 6’ and 8’ - the ordinance says a minimum of 6’ but applicant has an 8’ fence;
        David A says that he was there for the Colonial Tree vote; Jere says everyone was here - attendance needs to be checked.  Caroline doesn’t believe she was here.  David A believes that the vote was on the 14th of June.  Attendance needs to be checked.  
        Caroline asked if the applicant was required to put up a chain to restrict access.  Harry asked about the 60 days for compliance for everything from the date of approval so this needs to be amended.  Jere believes everything has been done there.  
        Caroline asked if ordinance changes they’d received would be discussed on August 23rd?  Harry agreed.  

Jere motioned, seconded by David S, to adjourn the meeting at 8:08 p.m.  Five voted in favor.

 
Approval Date:  08 23 10


_________________________________           _______________
    Harry Kavouksorian, Chairman                    Signature Date



 
Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
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