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Town Seal
Planning Board Minutes 09/12/2011
Town of Buxton Planning Board
September 12, 2011 at 7 pm
Recorded by Hilda Lynch

Board Members Present:  David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; Suzanne
Schaller; David Anderson

Board Members Absent:  John Vedral, James Logan  

Others Present:  Henry Huntley, Belinda & Abbie St. Pierre, Fred Farnham, Brad Perkins, Bill Thompson, Mark Hampton, Cliff Thomas    

Chairman Harry Kavouksorian called the September 12, 2011, meeting of the Buxton Planning Board together at 7:01 p.m.

Pledge of allegiance

The Board will determine completeness for Belinda St. Pierre’s application for a Conditional Use Permit for Animal Husbandry.  The request is to allow her to house one horse at 32 Line Road; Tax Map 2, Lot 35-1.
        Harry stated that they had received the amended map.  Harry asked if the Board had any questions of Belinda.
        Harry reviewed the distances to the wells.  Belinda clarified that the 130’ was from the closest dwelling to the barn - Lot 35-2.  It would be 210’ from their well to where the manure would be.
        Sue asked if they were planning on having lighting.  Belinda stated that they were.  Sue wanted to be sure that they were planning on having it in accordance with the ordinance.  David S questioned whether the distances to the wells were from the center of the manure pile.  Belinda stated that they would be from the center of where they were planning to locate it.  He asked if they would have the barn in before they had the horse moved over, and Belinda stated that they were planning on that.  
        Harry mentioned that she amended 8.2.B.4, to moving the manure once a quarter.  Sue asked Belinda to clarify 8.3.B.2.  Belinda stated that they were going to use the existing sand and gravel.
        Sue said that they don’t have a map that shows the paddock area.  Belinda says they weren’t going to use the pit area - just for the manure pile.
        Harry asked if they could set a public hearing.
  • Jere motioned, seconded by David S, to hold a public hearing on September 26 at 7 p.m.  Five voted in favor.  Harry asked if Fred could go out and take a quick look before the horse is moved to see if everything is in accordance with the plans.  Fred agreed that he would.

Review site walk for Normand Berube Builders of Saco for a 10-lot cluster subdivision proposal.  The proposed subdivision is on a parcel of land between Portland and Broadturn Roads; Tax Map 9, Lot 15.
        Harry mentioned that there were some questions about the wetlands.  Bill Thompson reviewed.  He had Mark Hampton re-walk the site due to some questions about some areas that might look like a wetland delineation.  They didn’t initially map the area along Fogg Brook as the soils meant there would be a 50% deduction for density calculations.  They didn’t feel it added anything.  
        They walked by the cemetery and down by the proposed brook, and there were some questions about wetlands in a drainage area.  There is a wetland swale there.  There was some question along Portland Road.  The soils don’t support a wetland designation.  Another area between a couple of lots - the soils did not support a wetland designation.  There is very little change from the previous mapping.  There is a more complete wetland mapping now.
        Sue asked about the vegetation and hydrology since the soils don’t support a wetland designation.  The vegetation is about 50/50 in these areas.  They look at the canopy level, saplings and shrubs as well as ground cover.  It has to be at least 51%.  In most areas of question, the vegetation wasn’t wet enough.  Sue says it looked like a difficult site - borderline.  Mark Hampton explained his process: walking the site with a soil auger; he initially expected more wetlands.  On the side slope along Portland road, as you walk out there, the tree roots are right on the surface or above the surface, but the soils there are factored 8 - 10 or 12 inches.  What water falls on the site runs off.  The trees aren’t higher than they normally would be.  Are they multi-stemmed?  Mark said they’re not.  
        Jere asked what the three factors are to meet the definition of a wetland.
        Hydric soils are soils where there is a water table or limiting factor just below the surface, black or gray soils.  Jere clarified that a portion of the site has a lot of clay so the water doesn’t permeate the soil.  The clay is within 12 - 14” below the surface.  The water will only infiltrate so far.  
        Sue asked if there was any standing water in the pits.  He said he did tests in pits that were considered wetlands.  He hit water at 6 - 8”.  Sue says the site is borderline for hydrology, vegetation and soils.  She admits this has been a wet August.  Mark pointed out that the wetland delineation was done in the spring.  Harry thought it was done in May.  Mark says that the wetlands that are out there are quite black and white.  He wouldn’t say that the site is borderline.
        Hydrology is physical formations in the field, i.e, a closed depression, a swale.  He looks at roots along the surface, trees buttressing (much larger in diameter in the bottom and then coming up to a more normal diameter) - where is the land moving to and is there some kind of blockage.
        Vegetation - key out the vegetation - 51% - for the test to be met for a wetland; he has to have all three.  If he doesn’t have one of those, he doesn’t have a wetland.  The Army Corps and DEP say that you have to have all three.  
        Jere asked if Mark was licensed as a Site evaluator.  He said he was.  Jere asked if there would be some differences if he had several of his colleagues evaluate the site.  Mark said there would be.  He says that the Army Corps has a wetland delineation manual, which is used to make the determination.  Mark thinks they would have five very similar conclusions if they had five people evaluate it.  Sue thinks that if everyone used the same holes, they should have the same delineations.  He thinks people would agree on a wetland and upland plot - the question is where the flag is in between.  
        Jere mentioned them walking down to the brook.  There was some vegetation which is not depicted on the map.  Everything along Fogg Brook has been visited by Mark.  There is a broad area where the drainage comes down, and there is a wetland there.  When the calculations are done for the houses, do they consider the whole site.  Bill says they do.  Jere asked if there was any area of wetland on the south side of Fogg Brook.  Bill said there wasn’t.
        Harry asked the Board if they wanted to send this out to independent review.  David A doesn’t think they need to go any further.  Sue is in favor of an independent review.  David S is fine with what they currently have.  Jere is fine for now, but he thinks it is something they should ask the developer to do up front in the future when they have a site with some questions.  He is satisfied for now.  Harry asked if they have enough information since two feel they could use more information and three don’t.  Harry stated that Jim was going to look this over but only received it today.  Jere thinks they should allow Jim to weigh in on this and go from there.  Sue says she is in favor of an independent review because this is a borderline site.  David A buys into Mr. Hampton’s explanation of five or six people going out there to evaluate the site.  Sue explained how she thought the test pits could be done.  Harry says that there isn’t any required number of flags.
        Jere thinks the delineation was done on June 5th and 6th.  David A said he didn’t think there was very much soggy ground.  Sue clarified.
        Fred was on the site walk and observed what was there.  He cautions the Board to be ethically just, meaning that when a Board member has special knowledge and having that Board member evaluate - on “his evaluation” the project is being reviewed.  If they’re uncomfortable with the plan as it is, the Board should act as a Board and request a second opinion.  He cautions them about waiting to hear Jim Logan’s opinion.  He thinks this would be an ethical question.  The five here this evening should make the decision.  
        Jere mentioned that they just got the map tonight, and they’re looking at it for the first time.  Sue says it’s not that they’re asking Jim to make an evaluation but to add his and John Vedral’s voice.  Jere thinks it should have been submitted last Monday so they could review it.  
        Bill said that because of the rain, they were delayed.  Bill asked if they could have DEP, on behalf of Mark Hampton, come out and review the site.  Mark says they will come out and confirm a delineation.  If asking for a peer review, you won’t get two exactly the same.  What if you come up with something different, how will you decide who’s right or wrong?  Mark said he could get the Army Corps if they don’t want DEP.  Jere says he’s okay with DEP, Harry agrees, as does Sue; and she would like to attend.  
        Jere asked about the traffic report.  Bill says it’s pretty straightforward, and there are no issues.  David A says it’s hard to cross the road.  Jere asked why they made the Rt. 22 and Portland Road a three-way intersection instead of a four-way.  Bill says at some point it will become a four-way.  
        Bill asked who they should notify about the meeting w/DEP coming out.  Harry stated that they should notify Krystal.  Jere thanked Mr. Hampton for coming in.

CEO Report
        No report.  

Approval of Minutes:
        August 22, 2011 - Sue goes by Sue or Susanne, never goes by Susan
  • Motioned by David S, seconded by Harry, that they accept the minutes as amended (correction of Sue‘s name).  Five voted in favor.
Approval of Bills:
        No Bills.  David A hopes to provide the Board with a review of 2011 expenses.  He would like the Board to request him to go before the Selectmen for a request for carry forward for mapping.

~The Board received two letters from Mike Morse of DEP regarding articles from secret ballot from last June.  Mike provided language for the parts of the ordinance that need to be amended.  They’ve given conditional approval.  Harry has given this to the Town Attorney and has not heard back. Harry read Article 2 and the changes proposed.  In order to get this on the November ballot for the Special Town meeting, the Planning Board would have had to provide notice today.  He doesn’t think they’ll be able to do anything with it until June.  At issue is how to deal with ordinance revisions in secret ballot when the changes would be multiple pages.  The Planning Board is looking for advice from the attorneys.
        ~Shoreland Zoning Newsletter
        ~“Maine Townsman”
~Maine State Planning Office letter - city of Saco has submitted their comprehensive plan update and they’ll be reviewing that.         

Other Business:
        A.  Review and vote for any changes being presented at the November Special Town Meeting.  (Info due to Town Clerk by September 20th)
        Harry mentioned having a special Planning Board meeting.  The Board discussed the dates and deadlines and what they needed to do.  Harry mentioned the two DEP changes and the definition of forested wetlands are the items they want to put on the warrant.  Harry said that if they could confirm with the Town Clerk, they could do this on the 26th.

        B.  Follow up on meeting with Selectmen - Harry and Jere met with the Selectmen last Wednesday.  They discussed mass gatherings, adult entertainment, target shooting, and fireworks.  The Selectmen thought the Planning Board would head up the mass gatherings and adult entertainment discussion for an ordinance.  Fred was concerned about some safety issues.  The Selectmen will be working on the sale and use of fireworks and how target shooting may be regulated.  
        There was discussion about digitizing tax maps and needing some options.  The Selectmen were interested in some kind of a phased-in project.  Sue asked how many tax maps there were.  David A. says there are 3818 parcels.  Jere said they’d been given $40 per parcel as a cost.  Sue has some experience with this and explained it.  The accuracy is one piece, coding information is another, and linking codes to a table.  Can the tax database be exported?  First, digitize the maps and put the parcel numbers on every parcel.  The second part would be to attach the tax database.  The Selectmen would like the Planning Board to get some proposals.  Sue will explore this.  Jere would like to ask for some money, the Selectmen and the Code Enforcement Office would ask for some monies for the project.  The project could be spread over two or three years.  Jere asked if SMRPC did some at one point.  Sue thought they might have.  Jere asked if Krystal had some copies of the adult entertainment ordinances.  

David S. said the State has an ordinance for fireworks; they would be making it more restrictive.

  • Motioned by David S, seconded by Jere, to adjourn the meeting at 8:12 p.m.  Five voted in favor

Approval Date:  _       10/17/11        __

_________________________________           _______________
Harry Kavouksorian, Chairman                    Signature Date

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