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Town Seal
Planning Board Minutes 09/19/2011
Town of Buxton  
Special Planning Board

The Town of Buxton Planning Board Buxton Municipal Building at 185 Portland Road, Buxton, Maine on:
Monday, September 19, 2011 at 7:00 p.m.

Recorded by Krystal Dyer

Members in attendance: John Vedral, David Savage, Jeremiah Ross, Harry Kavouksorian, James Logan and Susanne Schaller.

Members not in Attendance:  David Anderson

Others in attendance: Henry Huntley, Cheryl Huntley, Cliff Thomas and Scott Havu.

Call to Order

Open at 7 pm

Pledge of allegiance

The purpose of our meeting is to discuss amendments made to the ordinance at the June Town Meeting.  DEP has since responded back saying we are not in compliance with the State Shoreland Zoning. It was the Planning Board’s intention to give the voters the opportunity to reduce the shoreland zone from 300 to 250 feet along the Saco River and around Bonny Eagle Pond, and remove seven water bodies.  However DEP said the Town is not in compliance and granted a conditional approval provided the following amendments are adopted.  
Shoreland Zone:  The land area located within two hundred and fifty (250) feet, horizontal distance of the normal high-water line of Bonny Eagle Pond and the Saco River and their tributaries which are streams; or the upland edge of a freshwater wetland; and also including the land area located within seventy-five (75) feet, horizontal distance of the normal high water line of all other streams, as defined.  The shoreland zone is divided into two districts, the Resource Protection District and Shoreland District.
John suggested a grammatical change by taking the word other out of the wording.  The Board agrees with the amendment.
Jim brought the attention of our definition of stream vs. the States definitions of streams.  

  • Jere motioned to add article 2 – after a discussion to approve all together, Jere withdrew his motion.  
9.4  Shoreland Zones (S).
9.4.A.  Shoreland District (S).  The purpose of this district is to guarantee the safe and healthful conditions of our water bodies and shoreland areas by preventing and controlling water pollution; protecting spawning grounds, fish, aquatic life, waterfowl, birds, wildlife and wildlife habitat; conserving the natural tree canopy and shore cover along the shoreline; retaining ground vegetation to protect against erosion; providing access (visual as well as actual) to the inland waters and their natural beauty and controlling building sites and land uses.  

 Suzanne suggested adding Bonny Eagle Pond and along the Saco River to the paragraph below.  All members agree.

This district applies to all land areas within 250 feet horizontal distance of the normal high water mark around Bonny Eagle Pond and along the Saco River. all the following bodies of water and streams, which flow into these bodies of water.  In addition, the Shoreland District shall include the land area within 250 feet horizontal distance of freshwater wetlands as indicated on the Official Zoning Map, and the land area within 75 feet of all other streams as defined in Article 2 of this Ordinance.
Strikethrough 1 and 2 below.
        The following   
                1. Bonny Eagle Pond     
                2. Saco River
The Shoreland District is an overlay zone and all land uses and buildings shall conform to the stricter requirements where there are conflicts between Sections of this Ordinance. (amended June 14, 2011 by secret ballot)

9.4.B.  Resource Protection District (RP).  The purpose of this district is to protect environmentally sensitive areas adjacent to water bodies and significant wildlife habitat adjacent to water bodies and wetlands from the impacts of development.

Harry said that DEP added “other than forested wetlands” to the next section.  No discussion.
Wetland:  Freshwater swamps, marshes, bogs and open waters less than six (6) feet deep, other than forested wetlands,   as shown on either a U.S. Geological Survey Map (at 1:24000 or 1:25000 scale), or a National Wetlands Inventory Map (at 1:24000 or 1:25000 scale), or a FEMA (Federal Emergency Management Agency) floodplain map, or as identified by a professional wetland delineation based on vegetation, soils and hydrology are:  (amended 6/12/04)

  • Ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body excluding any river, stream or brook such that in a natural state the combined surface area is in excess of 10 acres; and
  • Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support and which under normal circumstances do support a prevalence of wetland vegetation typically adapted for life in saturated soils.
Wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.

Harry explained that Section 3.2 should have been amended in June, this just brings into compliance with the rest of the ordinance.
3.2  Zoning Map
3.2.D.2. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the normal high-water line or center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such lines.  The depiction of the Resource Protection and Shoreland Districts on the map is merely illustrative of their general location.  The boundaries of these districts shall be 250 300 feet from the normal high-water mark of the water body or the upland edge of wetland vegetation regardless of the location of the boundary shown on the map.

  • Susanne moved to vote to propose these amendments as edited, seconded by John.  Having no discussion, the motion passed with a vote  6 – 0 vote.
A discussion on the Watershed Restoration fieldtrip

  • David S. motioned to adjourn at 7:18pm, seconded by Jere.  A unanimous vote.

Approval Date:  _________

_________________________________           _______________
               Harry Kavouksorian, Chairman                    Signature Date

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