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Town Seal
Planning Board Minutes 11/14/2011

November 14, 2011 at 7 p.m.

Recorded by Hilda Lynch

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

Board Members Absent:  John Vedral

Others Present:  Henry Huntley, Brendan Farley

Chairman Harry Kavouksorian called the November 14, 2011, meeting to order at 7 p.m.

Pledge of Allegiance

Public Hearing for Cindy LaPointe who is requesting a Conditional Use Permit to operate a Day Care Facility at 757 Narragansett Trail.  Located in the business/commercial district on Tax Map 6, Lot 26.
  • Jere motioned, seconded by Harry, to amend the agenda because the applicant for the public hearing is not present.  Six voted in favor.

CEO Report
        No report.

Approval of Minutes:
        October 17, 2011
Jim motioned, seconded by Harry, to accept the Buxton Planning Board minutes as amended.  Six voted in favor.

Approval of Bills:
        Pay Portland Press Herald for $63 for printing the legal notice twice of the ordinance amendments.
Motioned by Jere, seconded by Jim, to approve payment of the above.  Six voted in favor.

~Letter from Maine Department of Inland Fisheries & Wildlife - Fogg Brook Estates - states the    
  Deer Wintering areas have been provided for, and they’re satisfied.

~Letter from Maine Department of Transportation Driveway Entrance Permit for Fogg Brook

~Sue discussed the request for a peer review of Fogg Brook Estates.  In this situation where they are  
   looking at a wetlands delineation, that they don’t believe is complete, is it the applicant’s responsibility to pay for this?  Harry would like to put it off for the next meeting, and makes a point about peer review.  Harry stated that if the Board doesn’t have the expertise, they would have a peer reviewer come in and explain an application to them.  When the Board questions the accuracy of information and they want another person to review it, is it correct for the Board to hire someone to explain things?  Jim agrees that they could request someone to work for the Town.  The Planning Board hired an engineering firm to review the plans for the school as they didn’t feel they had the expertise.  In this case (Fogg Brook Estates), the Board did not agree with the information that had been provided.  Jim mentioned they usually set up an escrow account the applicant pays into, and money is paid out of that for peer review.  Jere clarified that the Board understood but disagreed with the findings of the applicant.  They asked for additional information to prove that the delineation was done correctly.  They’ll discuss it further at the next meeting.

Other Business:
  • Discussion of GIS for tax maps - Harry mentioned that there are different levels for tax mapping.  According to Krystal, the process has begun.  Jim asked if Krystal would provide the Board an update.
Sue said that J.T. Lockman says that forested wetlands are not excluded from subdivision review.  Jim said that they described forested wetlands in the Ordinance, but they did not have “other than forested wetlands” in a section of the ordinance.  Jim says that with shoreland zoning, and the desire to get Buxton consistent with the DEP, the way it was defined, forested wetlands was going to get special consideration.  We were trying to make our ordinance consistent with DEP, he says.  Harry says it was separate because this was the part that needed to be cleaned up.  Sue asked if a few pages would be updated in the Ordinance books, and Harry stated that they would.

Sign Findings of Fact for Belinda St. Pierre - Harry has not had a chance to go over them; the others did not receive them.
Sue mentioned purchasing the Board of Appeals & Planning Board Manual once completed -  A workshop is being held in Farmington.

Jere mentioned that the State is talking about rebuilding the bridges in Bar Mills.  He believes there has been a public meeting planned.  He thinks there may be talk of taking some houses on the Hollis side by eminent domain.  There is a meeting on November 19 @ 6:30 p.m. - concerning villages eligibility for historic places - citizens from Buxton and Hollis are urged to attend.  Interested people may contact the Buxton-Hollis Historical Society at 929-8895.
        Sign amended by-laws
Krystal, would you please forward a copy of the By-laws to Sue.


        Jere asked how they wanted to handle the public hearing.  Harry said he would like Krystal to contact the applicant and notify the applicant that she needs to be present.  They will postpone for now.  Ask the applicant if she wishes to appear on November 28.  

Motioned by Sue, seconded by Jere, to adjourn the meeting at 7:48 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
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
For departmental office hours please visit that department's home page.