Town of Buxton Planning Board
June 13, 2011
Recorded by Hilda Lynch
Board Members Present: David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; James Logan; Caroline Segalla; and David Anderson
Others Present: Henry Huntley, Penny Booker, Cliff Thomas, Chet Connor
Chairman Harry Kavouksorian called the June 13, 2011, meeting of the Buxton Planning Board together at 7:02 p.m.
Pledge of Allegiance
Normand Berube Builders submitted a conventional and cluster sketch plan for Tax Map 9, Lot 15, proposing a 10-lot subdivision off Portland Road.
Bill Thompson of BH2M Engineers represents Normand Berube Builders. This project is down on the corner of the Broadturn Road and Route 22 where it goes into Scarborough. A year or so ago, they came to speak about the project of Sunrise Ridge which is right across from the proposed project. The parcel contains 41 acres, and a boundary survey has been done. Bill showed maps with a cluster subdivision and a conventional subdivision. Their preference would be to do a cluster subdivision, which would give 27 acres of open space on the parcel of land. A standard subdivision would use up most of the acreage for the 10 lots. Both proposals, he believes, would contain enough space for 10 lots. The lots would be supported by
a septic system and on-site well, which they‘ve found could be supported. They would bring underground electric in along the road leading into the lots. The lots are a little bigger than the lots across the street, approximately 60,000 sq. ft. each. The road would come in opposite East Wind Drive and have good site distance each way. They would not like to bring the road out to the Broadturn Road. They believe people who live in these small subdivisions do not want traffic to go through. They would use a turnaround at the end of the subdivision road. This is a preliminary plan, and they would like to get some comments from the Board. It will require a storm water permit.
Harry asked for clarification on whether they wanted to go with a cluster, and Bill said they would. He said they hoped the Board would see this as a better plan.
David asked how they came up with 41 acres as the Town has this piece as 52 acres. Bill said they did a complete boundary survey. Bill said that the Town’s tax map showed a piece that was actually part of the Scarborough Land Trust. They had originally thought that the parcel was 52 acres.
Caroline asked about a shoreland zone on a map that the Board had. Is it further south or on the land of this project? She wondered if it was showing Fogg Brook as a shoreland, resource protection zone. Jim believes it is surely shoreland zone with a 75’ setback. Caroline mentioned a deer wintering zone. She says the ordinance requires some kind of report indicating the impact on the wildlife. Caroline requested something in the file to indicate that the deer wintering area is on the opposite
side of the stream from the development. She assumes that calculations will be done for, storm water drainage, etc.. She noticed a typo on No. 18, where it refers to 14 lots instead of 10. Caroline asked about signage. Bill said they’ll have marketing signs; but once the development is complete, there will only be road signs. She raised concerns about lots 1-5 and how the building would be placed. She thinks it would be important to know how the buildings will face, as she doesn’t think people would like to drive along Portland Rd and see the backs of these buildings. She mentioned some screening being done. Bill mentioned that they could have a no-cut strip along the road. Caroline asked if there was any possibility of sharing driveways, and Bill pointed out a couple of places on the plan where this could be done.
Jim asked who had done the wetland study. Bill said he did not have a final plan yet. Jim wanted to be sure, there would be a wetland report. Jim asked if their surveyors represented the wetlands on the plan, and Bill said they were. He questioned the shape of the wetlands as he says that they’re rarely the shape shown on the plan. Jim has some minor concerns about traffic as they’ll be exiting another 10 lots out onto Portland Road. He’d like to have the developer address traffic there as he’s familiar with traffic queuing up back as far as East Wind Drive. He likes the note that the open space won’t be developed. Jim mentioned the cemetery on Lot 10 and talked about the Maine Cemetery law as far as setbacks.
Harry asked if the space between Lots 7 and 8 was a right of way to the open space. Bill said that nothing was planned for that area. Jim believes that there needs to be access to the open space. Caroline mentioned the water. Bill said he hasn’t reviewed what could potentially be done there. Harry asked about fire prevention. Bill said they’d do a fire tank if that is still the wish of the Fire Chief.
David S asked why they didn’t think of going in across the brook. Bill said it is very expensive to disturb the brook, which is why they’ve left it alone.
Jere asked about a possible trail through the open space to connect with the Scarborough Land Trust. Jim said if that were the case, he might suggest something be done to allow pedestrians to safely cross the Portland Road.
Harry asked if they wanted to wait for the next set of plans before they do a site walk. Bill said it would be fine to wait until after July when he’ll have a more complete set of plans.
Jim asked the other Board members if they were comfortable with a cluster subdivision. David S said his only concern was whether they’d have any problems with septics and such due to the height of the brook. Bill said that this will be something they will have to prove. There was mention of a new ordinance regarding the location of the hammerhead. It would have to go to the right. The Board agrees that cluster would be better than conventional.
Jere mentioned how interested parties could get further information about the project by contacting Krystal at the Code Enforcement office.
Continued discussion of the Forested Wetlands Article for town meeting.
A definition of forested wetlands was included in the ordinance changes, but they did not include the language to exempt forested wetlands. “Except for forested wetlands” was the language that needed to be added. They thought they could amend this on the floor of the Town Meeting, but the Attorney has advised them not to do this because it is stated in the Charter that anything done by secret ballot must be amended that way. He asked how the rest of the Board feels about this.
Caroline stated that she found it in one of the drafts so she believes they all agree that it should be in there. She thinks that maybe it could be done in November because it is just housekeeping. Jere says that this assumes that all of the articles will pass. Harry says the Attorney is pretty definitive on this. Jim asks what it would do if they were not to take this advice. Jim says they haven’t enforced anything on forested wetlands for many years, so what does that mean for the future - with the definitions that are or are not there. Jim says that they could use some guidance on how to proceed until this change has been made. Harry thinks there may be a special Town Meeting in August.
Penny Booker asked for clarification. Jim explained why they needed the change.
Jere wants to know if they have to go back and check how each ordinance was enacted so they would know how any amendments would have to be done. Jere wants to know if they’re proposing anything on the floor of the Town Meeting that should have been done by secret ballot. The Charter was changed in 2008, which included this quote.
Mike Morse told Harry that moderate and high value habitat from resource protection in the shoreland zone may be removed. Jim thinks that the habitat is what creates the 250’ resource protection zone. Harry says that DEP doesn’t know what they’re going to do, and it might be a year from now before they’ll know. They’re not intending to impose the State minimum guidelines.
Board members agreed that something like the exemption discussed could only be taken care of in November and June - not at a Town Meeting.
A member of the audience asked about vernal pools for the new subdivision being considered. Harry stated that someone hired by the developer will submit a report on the wetlands. Chet Connor (Not sure of the name) stated that he’s lived in the area for 20 years and has hiked this property; he states that there are vernal pools. He questioned the letter he received being dated June 6, and he didn’t receive it until June 11. Krystal explained that it is a courtesy that she sends these letters out. She didn’t get the application until Monday. Krystal and some Board members explained the process to him.
Henry Huntley stated that having the exception doesn’t appear to be a big problem with the public, so he suggested just getting it on the ballot for November. There doesn’t seem to be any dissension. Questions arose about how these things need to be voted on. Jere believes that all zoning issues have been done by Secret Ballot. David A suggested that they get the definition in there, and then they can move forward on the Secret Ballot.
Harry asked if there was anything else regarding the Town Meeting. Jere believes that all members of the Board need to be there.
There was some dialog back and forth about Fogg Brook with Cliff Thomas. Cliff says he felt that the Planning Board wasn’t in favor of taking the extra protection off a number of streams in Buxton and is curious why they don’t appear to have a problem with 75’ for Fogg Brook. Jim says they are talking about a walking trail, which is exempt.
CEO Report - None
Approval of Minutes:
May 9, 2011 - Caroline mentioned a clarification that she thought needed to be made.
Caroline suggested to make amendments and re-submit.
May 23, 2011 - Jere motioned to approve as written, seconded by David. The motion passed with a 3 – 0 vote.
Approval of Bills:
Caroline motioned to pay Portland Press Herald in the amount of $26.10 for legal ads. Seconded by Jim, the motion passed with a 6-0 vote.
Caroline motioned to pay Southern Maine Regional Planning Commission in the amount of $280 for zoning map updates. Motioned by David A. seconded by Caroline, the motion passed with a 6 – 0 vote.
May issue of Maine Townsman
Received a letter from Mr. Brooks, acting Commissioner of DEP explaining their setback reduction. According to the news letter, the issue is dead.
David Savage wants to thank Caroline for her term to the board and recognize her for the hard work she put into Board. Caroline requests for the current and future Board to listen to the community needs – think of as it being in your back yard.
- Jere Motioned, David seconded, to adjourn at 7:57 unanimous vote.
Approval Date: _8/22/11__
Harry Kavouksorian, Chairman Signature Date