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Town Seal
Planning Board Minutes 02/14/2011
Town of Buxton Planning Board
Minutes for
February 14, 2011 at 7 pm

Recorded by Krystal Dyer

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, Cliff Thomas, Fred Farnham,

Chairman Harry Kavouksorian opened the meeting at 7pm

Pledge of allegiance

Discussion of site walk for Matt Roy of 219 Back Nippen Road is requesting a Conditional Use Permit for a storage and wood processing activity.  The property is located in the Rural Zone, Tax Map 4, Lot 39B-1.
        Mr. Roy is unavailable for tonight’s meeting and Board postponed until the next meeting on February 28, 2011, when Mr. Roy could be present.

CEO Report - none

Approval of Minutes
                January 10, 2010  -
  • Motioned by Jere, seconded by David S. to approve the minutes as written.  The vote passed with a 5 - 1 vote, Jim Logan abstained.
                January 24, 2011 – make corrections and re-submit next meeting.

Approval of Bills: none
David A. reported there are no bills from SMRPC and the annual SMRPC bill will be absorbed through the selectmen.
  • Maine townsman January 2011
  • Re-purpose Hanson School flyer
  • Maine Center for Disease Control - Drinking water annual newsletter.
  • Email from Mike Morse – DEP  wetlands proposed to how will DEP notify land owners?  Is required only where new protection is being proposed and by first class mail.  The town will also be notified of the hearing.  The Board is not sure how DEP will post the notice for the public hearing.
Other Business:  none
  • Motion Harry, seconded by David S to Adjourn to the workshop to discuss Shoreland and other Zoning Ordinance Regulations at 7:13 pm.  The motion passed with a 6 – 0 vote.  
Workshop Discussion:
We need to clarify and propose to change the shoreland setbacks.  There are three issues
  • Reducing from 300 to 250 in shoreland zone to meet state guidelines.  Under these guidelines only the BE pond and Saco river qualify.
  • Change definition of forested wetlands to keep in line with state minimum guidelines.
  • Send a written request to selectmen to have the two question put on the warrant.
We cannot request or intervene a less restrictive change than minimum State standards.  The Board agreed to have the administrative changes on the floor at town meeting.
Caroline is providing maps to show the difference from 300 to 250 in the shoreland zone.  Her intention is to work with Jim Logan and have them printed for the public hearing.  He has not received the maps yet.

Issue 1:
Two separate questions – the town of
Buxton zoning ordinance currently (the 300’ zone or the 250’ zone that is the State’s minimum standard)

Issue 2:
Need to list all on ballots only BE pond and Saco River are protected on State standards but other water bodies are not.

Anything not in shoreland is in stream protection.  Send to town council.  If we chose as a board, to change numbers 2 thru 6, then 8 and 9 will receive all.  When two tributary streams come together, the DEP gives that area shoreland protection.  It will be defined as a stream protection district not shoreland.  Leave in shoreland – the definition still applies to BE pond and Saco River.  The Board agreed to reduce the setbacks from 300 to 250 only in the Bonny Eagle Pond and Saco River areas.  All other areas will be reduced to 75-feet.  

Scott feels the change from 250 to a 75-foot reduction will help the people that have been taxed on the land for many of years and want to make a living on the land.  New subdivisions have stormewater protection; current standards are required to be reviewed.  He feels should try to preserve agriculture land also.  

Drinking water newsletter – Jere read the newsletter stating this is why we need the buffers.  David said a DEP law maker proposed; DEP is a regulation agency-  for the DEP to change from 250 to 75 feet.  Jim does not feel this will stick.  He will be surprised if it makes it to the Individual town level.  

David A. feels that the way it is worded, that DEP is trying to sway the voters. He feels people will vote for it because it is DEP endorsed.  David hopes people will not consider the Board endorsing this, it is put on the ballot.  The Board by law cannot endorse less than then the State standards.  

Two questions:
Agree to explain where the 250 feet comes from. Scott had the impression that the votes will go with the smaller number.  The main intent is that there are so many ordinances out there and they are trying to be conservative.  

Harry said the State and DEP put out minimum guidelines, if individual towns wants to be stricter they can.  Towns are given the authority and they need to decide whether they are going to be stricter or not.  If less than 75-feet, there are conditions to go by.
     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
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