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Town Seal
 
Planning Board Minutes 03/14/2011
Town of Buxton Planning Board
Minutes

March 14, 2011, at 7 pm
             




Recorded by Hilda Lynch

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

Board Members Absent:  Scott Havu

Others Present:  Fred Farnham, Matt Roy, Peter Burns, Brent Hill, Cliff Emery, Jean Harmon, Henry Huntley, Cliff Thomas


Chairman Harry Kavouksorian called the March 14, 2011, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of allegiance

Public Hearing:   For Matt Roy of 219 Back Nippen Road, who is requesting a Conditional Use Permit for a manufacturing and wood processing activity.  The property is located in the Rural Zone, Tax Map 4, Lot 39B-1.
Matt has applied to process and manufacture firewood.  The Board has done a site walk, which was discussed at the last meeting.  Caroline asked if the setback on the Proposed structure was 50 ft.  Fred said that it was.  Harry mentioned that they had a letter from the Public Works Director and the Fire Chief.  Caroline wanted to take the Public Works Director’s letter into consideration if they should exceed a certain amount of deliveries. Harry asked for clarification.  Caroline wanted to have a condition that if they
should exceed a certain amount of deliveries, they would have to come back before the Board.
  • Motioned by Jim, seconded by David S, to open the public hearing for Matt Roy.  All voted in favor.
        Harry asked if Fred had any concerns.  Fred did not.  He asked if there were any abutters or members of the public who would like to speak.  Peter Burns, a resident of Back Nippin Rd., spoke.  He wanted to know the days and hours of operation.  He  is concerned about vehicles parked on the side of the road, and he does not want to see any parked on the side of the road.  He has seen single and multiple vehicles parked along the side of the road.  It is a safety hazard as it’s difficult to see around the vehicles.   Caroline asked how often he’d seen cars parked on the road.  Lately, he hasn’t seen any; but he has seen it a lot in the past year.  Matt asked if it was personal vehicles he saw. Matt isn’t aware of any parking concerns - not numerous times.  He’s sure he’s parked a vehicle at the end of his driveway at times.  No one has come to him to make him aware of a problem.  Peter said the vehicles were parked immediately adjacent to his driveway.  Trucks with a wide body on them are a safety hazard in his estimation.  There should be
room enough in the driveway or for a turnaround in the driveway.  Caroline mentioned the review of the
temple.  She wondered if this road should be taken to the Selectmen to make it a road where there is no
parking.  Peter felt it was excessive with the Temple before their permit but okay now.  Any business
should not have vehicles parked on the road.  He differentiates between a business and a person having a
party.  
        Harry said that Mr. Roy has not suggested that he would have vehicles parked on the road.  The Board
is not considering approving parking on the road.  Caroline wanted to know if this should be considered as a
condition of approval.  David S referred to 10.7 which prohibits parking on the road.  Mr. Roy has no
problem with the parking concern; he doesn’t need that for his business.  The hours would be 7 a.m. to 8
p.m., Monday through Saturdays. Jere would be in favor of stricter hours in a residential zone.  Board
members agreed.  Caroline asked if it would impede his operation.  Jim is okay with the hours previously
    stated.  David S asked if there was anyone nearby that would be bothered by the noise.  Mr. Burns says it
    doesn’t bother him, but he says that someone who lives across the street says that the noise bothers them.  
    Harry stated that five of six Board members would like to see the hours restricted from 7 a.m. to 6 p.m. as they’ve restricted another operation in the business/commercial zone to these hours.
  • Jim motioned, seconded by Jere, 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 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.
        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.

  • Jere motioned, Harry seconded, to waive the reading of 8.2.B. and 10.  Six voted in favor.
  • Jere 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 and 10.   Five voted in favor; Jim abstained.
  • Jere motioned, seconded by Jim, to approve the application with the conditions stated and from previous meetings.  
  • The hours of operation are from 8 a.m. to 6 p.m. Monday through Saturday.  
  • There will be no parking on Back Nippin Rd. associated with this business.
  • Caroline amended the motion, seconded by Jere:  Should operations exceed the conditions stated by the Planning Board as seen by the CEO, the applicant would return to the Planning Board.   Five in favor; Jim abstaining.  
Fred says that he has a certain area to work in which puts certain limitations on Matt’s business.  Matt would have to come back before the Board if he were to expand his business anyway.  David A asked for clarification on the proposed building.  A permit would have to be obtained from Fred for the building.  


CEO Report
        Harry asked Fred about a concern.  Fred said he’d been called a couple of times regarding Ira
Stockwell’s property.  Fred mentioned that a logger brings in a load, cuts and stacks them.  Mr. Deister
called and said that the logs were just inside the fence of the Justin Merrill Rd. entrance.  One pile was 16
ft. long and another was 25 ft. long.  They were no higher than six feet so could not be seen from Mr.
Deister’s house.  The logger had to deliver because the roads were being closed.  He returned to take them
to the mill on Friday.  Fred went through the ordinance and the conditions.  There were three articles
that state the separation between the zones should be at least a 6 ft. fence - the fence there is 8 ft.  He didn’t
think there was a conflict with the ordinance.  There was no cutting being done - it was temporary storage.  
Monday and Tuesday, there had been a snowstorm (2 ft. of snow) there was no room where they would
normally put the logs.  Fred concurred with Harry that this was a temporary condition because of a
snowstorm.  One other call concerned Mr. Hebert coming in on a Saturday.  There were good reasons for
this happening.  Fred says he believes that Ira is doing what he believes is necessary to make a
living.  
        Jim would like to go on record that his personal feeling is that they’re strictly a review board.  With all
due respect to Mr. Deister, it is not the Planning Board’s job to have Mr. Farnham do any kind of
enforcement.  People would need to speak directly with Mr. Farnham.  
        Jere says there also seems to be people loading chips off hours.  They’re not associated with the
business.  People come in on the week-ends.  What does Fred feel about that activity?  Is that permitted
under these conditions?  Fred thinks that until it is restricted in some way that it would be okay.  Jere has
noticed people with small bucket tractors, trash barrels, and the loading of dump trailers - is that a use that
they would have to stop?  
        Caroline said that the condition was that there would be a chain installed; she thinks there are Saturday
hours only for the Colonial Tree business.  She assumes there would be a restriction.  Harry asked about
other people coming there.  Caroline said that they reviewed Ira as the owner of the business, and he should
know who goes onto the site.  She thinks he’s in violation because of the lot not being chained.  She can
see why the resident is upset.  
        Harry thinks there should be some flexibility for snowstorms; but as far as the hours of operation, he
thinks that is different.  Fred says there is nothing stating that people can’t have access from Rt. 202.  Jere
says people drive around the gate.  Fred asked if he needs to have something stronger to keep people from
entering from Justin Merrill Rd.  Jere asked if these conditions apply to the original applicant.  Caroline
says it is stated in the application - both entrances should be closed except during normal operations.  Caroline thinks there might be a formal letter sent to Ira reminding him of the conditions.  If this
needs to change, he could come back before the Board.  Fred says that people needing chips would
normally get them on the week-ends.  He thought that accessing off Justin Merrill Rd was the main
concern.


Approval of Minutes
  • January 24, 2011 - Motioned by Jim, seconded by David A, to approve the minutes as amended.  Six voted in favor.   
  • February 14, 2011 - Motioned by Jim, seconded by David A, to approve the minutes as amended.  Five voted in favor; Caroline abstaining.  
February 28, 2011 - Will consider minutes when they’ve received them.


Approval of Bills: For Portland Press Herald in a combined total of $78.00.
Jim motioned, seconded by Caroline, to approve payment of the above bills.  Six voted in favor.  
        David will be making a presentation to the Budget Committee next Tuesday, March 22, at 6:30 p.m.  He would like the Chair to attend with him, and others are welcome if they’d like to attend.

Communications:
        Email from Laura Veilleux - request for proposals from Land for Maine’s Future Jim offered some
background.  This is a program funded by the Maine Legislature.  The particular proposals referred to have
already had an allocation in a previous budget cycle.  This will not affect future budgets of the State of
Maine.  This is a fairly important program.  The voters believe it is a valuable thing.  If you’re familiar
with unique properties in Buxton worthy of State funds, there are funds available to make this happen.
The funds are available at no cost to the local municipality.  Caroline wondered if they could put a link to
this under the Comprehensive Plan Committee if okay with Selectmen.  One of the Selectmen stated that
they could.
Info from Pat Packard regarding wetlands - forested wetlands and vernal pools.
Harry asked if there were any comments.  Caroline asked Jim about a proposal.  It has to do with a 250’
zone of influence, Jim stated.  The current LD before Energy and Natural Resources is to reduce the 250 ft.
zone down to a 75 ft. wide.

Other Business:
Discussion of Hanson Re-Purpose.  Jere said they were waiting for an application before consulting
the town attorney.  Harry asked if any Board members have any questions about what is going on.  
Caroline said they came before the Comprehensive Plan Committee with the proposal.  Harry asked
Brent Hill to talk about what is being proposed.  Brent says they have a wonderful resource in the Hanson
School.  It cannot be reproduced for millions of dollars; it has an economic value to the Town.  It is an
historical building which they think will be a wonderful resource for the community.  He thinks it does
appear to be caught in a legal log jam.  The School District needs to have parking the way it is permitted.  
They don’t need Hanson and would like to get out from under Hanson, they’ve been told.  The Town has
zoning needs; currently, they have a two-acre requirement in that zone.  Harry clarified that the Board acts
according to the Ordinances of the Town.  It went from a 5-acre to a 2-acre to allow the school to be there.
There are some zoning issues to address, and they’re trying to find some ways to make it work.  Currently,
a petition is being circulated to put it before the voters in the Town for a one-year lease to see what can be
done.  The School District would avoid tearing it down at a sizable cost to the taxpayers.  
        Jim commented on Jan’s letter presented to the Board at the last meeting.  She refers to the two-acre
minimum lot size.  She refers to the Town owning the building or a longer-term lease.  Jim doesn’t think
they can allow this without a longer-term lease.  He would be willing to work around the parking issues.  David A stated that the school has not put in enough parking spaces.  Caroline thinks that the extra
parking may not be indicated.  Jim thinks the easiest way to proceed is to pursue a longer-term lease so they
don’t have to consider breaking up the property.  
        Jere refers to the conditions of the Buxton Center Elementary School (BCES).  He asks about a
conveyance.  Board members don’t see the lease as a conveyance.  Would they be breaking out the Jewett
School, also?  Jere thinks they need an application from the District so they could make determinations on
this.  Caroline asked about three separate uses making it a subdivision.  Jere says all three parcels would
have to be broken out.  Caroline mentioned the Narragansett Business Park.  Jim mentions the Sebago
Educational Alliance probably being a school.  Can the Jewett School and Hanson be one parcel?  Cliff
says it would be up to the School District because they would have to amend their application to the State.  
The Selectmen’s two main issues are:  are they interested at all in a proposal that is being circulated in the
Town or does the School District want to give it to the Town or tear it down.  The Selectmen need to know
whether they have to become ADA compliant if the Town takes the building back.  Cliff says they want to
go before the School Board.  Jere asked if they’re putting a warrant article on from the Selectmen?  Cliff
says they’re looking at something that would protect the Town.  Jere asked if they might want to wait until
after June to see what the outcome of the election is. Hilda suggested that they see if they can get on the
Facilities Committee agenda of March 22nd where there are four committee members and the Chair of the
Board usually attends.  Cliff says the wording of the warrant article may not be “lease,” it may be
something else.  Jere asks what happens if the citizens’ petition passes.  Cliff says they may ask the
citizens to withdraw theirs as long as there is something there for the people to vote on. Brent says they’ve
worked hard to get a viable petition to meet a lot of requirements; if it is a matter of a few words, he’s sure
they might be able to compromise.  It is not an organization that is putting this forward, it would be the
Selectmen who would have to put funding for this forward on the secret ballot or town meeting.  Jere says
The Board of Selectmen would determine how the money is spent.  Brent would like to comment that this
is a public building and the Town seems to be the one who could make the best use of it.  Some people
have asked on the school’s application if they could give up a couple of acres.  As far as he knows, they
could give up a couple of acres of the BCES complex.   

Discussion  of proposed changes of the Town of Buxton Zoning Ordinance, after Town Council’s
review and continued discussion of the Shoreland Zoning and Shoreland Maps.   
Jere asked the Selectmen about a binding question on the secret ballot.  Cliff and Jean said they haven’t discussed it yet.  Jim says they’re trying to sound out the entire town on this issue.  They’ve had a couple of people who’ve made their concerns known.  It was originally intended as nonbinding; but upon further discussion, they’ve decided they would like to sound out the townspeople.  
Cliff E says it would no longer be a resolution; it would be an ordinance.  He is curious why the Planning Board would bring this forward.  It will be a first that the Planning Board has brought something forward that is “less than.”  Jim says that Cliff stood behind the podium and asked why we were being more restrictive.  Cliff clarified what he was talking about.  Jim mentioned that a few outspoken landowners want to know why we are being more restrictive.  Pat Packard presented the thinking there was in the 70s that determined why they wanted to have the 300 ft.  Jim says this is not intended to be an endorsement by the Board.  Cliff doesn’t think it is a bad idea.  Caroline mentioned that at town meeting only a select group show up, so they wanted feedback from the general community.  She isn’t crazy about reducing the requirement.  Cliff says they should put it on a secret ballot.  Board members say that this is what they’d want.  The Town is still going to be stuck with the new shoreland zone regulations.  Jim says that they’ve spent quite a bit of the Town’s money only to possibly throw this out.  Caroline mentioned that they’d like to have control over it in the Town.  Cliff says there is a few more weeks prior to them having to sign the warrant.  Caroline asked if the Planning Board and Selectmen can state their recommendations on the ballot?  Cliff says they could see if it could be on it.
Jere asked if they were going to have the zoning map back on the ballot?  Jere says they’re trying to have each article have its own separate number.  There was some discussion about lumping things into groups.  Caroline thinks that they’re in groups that may go together.  Jim thinks he would agree with their legal counsel.  Jere questions having some definitions together.  Jere asked if they could amend an article once it’s on the floor of town meeting.  Cliff thinks that it can be done.  Cliff thinks it might be helpful to keep them as separate as possible so things may be explained.  Jere asked if they could consult Town Counsel regarding keeping each item separate.  Harry mentioned keeping the things that are interdependent together.  Caroline said she would ask Krystal to see if they can make changes on the floor.  Then, they would keep things together that are interdependent and those that can be separate would be.  
Jere thinks it is better for people to have each definition as one article.  Caroline asked Harry if he would send the town’s attorney a note.  She asked Harry to ask about the “buildable site area.”  Harry asked about making one definition.  The attorney offers alternative language.  Caroline thinks they should see if they can merge “buildable area” with “buildable site area.”  In Bill Plouffe’s note of March 3rd, there is a reference to “Buildable Area” and “Buildable Site Area.”  Fred said this would make site evaluators very busy.  Caroline and Fred discussed this.  Jim thinks that Caroline’s version simplifies it.  Fred says that as long as you can find an acre or two that would pass the plumbing codes, is the Planning Board saying that this would be all right?  Jim says that his concern would be the number of lots you could drive by that do not look wet but may have a high water table under them.  The intention of this section of the ordinance is to provide for enough decent area to provide for a house and a garage, Jim thinks.  
Fred refers to the road ordinances.  Under 12.15, he would strike out street and put in “road” to be consistent.  
Does this discussion constitute No. 10 and 11 on the agenda tonight.  Yes, Harry stated.  Caroline thinks they should show the strikeouts and the new text.  Other members think they have to do this.  13.2.B.f - will verify number of days with Krystal.  Caroline asked Fred how many copies of plans they need to keep in house.  Fred says the Mylar usually goes to the registry.  Two copies are needed in house.  Caroline will add some numbers in the ordinance changes.  On p.10, 13.3.D.2 - Caroline will make same changes.  Jere commends Caroline going through the ordinances to straighten them out.  Caroline will ask Krystal to include the strikeouts.  Caroline asked about a deadline.  She asked if there would need to be a hearing on it.  April 13 would be the date for the hearing.  Cliff E doesn’t know when the Town Report would need to be printed.  
Jere wanted to make sure to give Krystal a note to include the Buxton Zoning map in the 2010-2011 ordinance changes.
Caroline asked about the approval of the binding questionnaire.  Do they have the shoreland maps budgeted?  Jere thought they would have to change the zoning map, too.  David A suggests they wait until the voting is done and then try to get an estimate - then submit this for approval at a special town meeting.  

Planning Board Report for the Town Report -
  • Caroline motioned, Jere seconded, to accept the Planning Board Report for the Town Report  as amended.  Six voted in favor.                 
  • Motioned by David S, seconded by Jim, to adjourn the meeting at 9:33 p.m.  All 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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