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Town Seal
Planning Board Minutes 01/09/2012
Town of Buxton Planning Board

January 9, 2012

Recorded by Hilda Lynch

Board Members Present:  David Savage, Sr.; Jeremiah Ross, III; James Logan; Susanne Schaller; and Lawrence Curtis

Board Members Absent:  John Vedral, Harry Kavouksorian

Others Present:   Henry Huntley, Joyce Lurvey, Sharon Elwell, Jessica Buzzell (two others with her did not sign in)

Co-Chairman Jeremiah Ross, III, called the January 9, 2012, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of Allegiance

Joyce Lurvey and Sharon Elwell want to discuss who maintains Marshall Lane (from Joy Valley Road to Greensward Hamlet) due to the construction of Greensward Hamlet.

Joyce Elwell Lurvey lives at 38 Marshall Lane, which is the road that goes into the area where the Hamlet is.  She lives beyond the Greensward Hamlet.  

Joyce attended some meetings regarding the proposed project before it was going to be done.  It was her understanding that a town road would need to be built before the buildings were constructed in Greensward Hamlet (GH).  She understood that an occupancy permit would not be given until the road was built.  During the construction, there were many heavy construction vehicles in and out constantly.  Recently, some insulation trucks have been going in there.  

Joyce was at the Town Hall a while ago and went in to see Fred Farnham about this.  It looked like the two units that were built were occupied without the town road being built - Marshall Lane (ML).  Fred said the owner was given permission to have an occupancy permit without the town road being built as the project was to be done in several phases.  Fred didn’t have the answer about the phases when she asked.  

In summary, Joyce would like to know what the three phases approved by the Planning Board are and if the building of the town road was waived by the Planning Board as it is not often waived for other residents.  Was there anything stated about the maintenance of the road until the ML is completed?  The road is currently a mess - full of potholes; her car’s suspension is getting ruined, she says.  It is up to the Greensward Hamlet to maintain the road up to their entrance, she believes.  If a town road did not need to be built, then Joyce believes the owner should be responsible for maintenance of the road.  The Planning Board should have considered this, and it should be enforced promptly.

Jim addressed her request that the Planning Board enforce this immediately.  The Board are not the enforcers; they review the plans.  Jim wasn’t aware of the waiver of the town road.  He doesn’t recall any specifics about exempting the road.  When they review for subdivision purposes, they review for a road that meets town standards.  This would be between Fred and the Public Works Director.  When it comes to maintenance, Marshall Lane would be built to the town’s standards.  He doesn’t believe they were going to make ML a town road, but the road would still need to be built to town standards.  Jim says that the road was a mess before the Hamlet was ever built.  Joyce says that the situation is different now because of the condos that have been built there.

Jere has looked through the minutes.  It was not a subdivision so the road didn’t have to be built to subdivision standards.  He doesn’t see anywhere that ML was going to become a town road.  Joyce says that Francois (owner of GH) bought land from Lucy Gorham to build up the road.  As far as the Board is concerned, her units are built on a private right of way.  The property is still under one ownership.  If the property is subdivided and sold as individual lots, she would have to get approval for a subdivision.  Jere said he thought she initially upgraded the road.  He believes it is a civil matter between Joyce and the owner of Greensward Hamlet.

Fred went out yesterday to see the condition of the road.  There are some potholes, but it is fairly level.  During the construction, the road was graded and a ridge was formed so the water doesn’t run off the road.  It does need to be re-graded to shed the water.  As far as the phasing goes, there are three phases.  Jim says the minutes don’t make any reference to phasing, so some additional research would be helpful for the Board.  Fred says the development was approved, but he thought there would be additional phases.  Jim remembers a number of discussions with Peter Pinkham who was trying to help Francois out regarding the project.  Did not Steve Broadstreet give a Plan for the upgrade of the road?  Fred said he would have to look at this.  Jim’s recollection was that Francois would have a road built to town standards whether it would go for Town approval or not.  Jim says he’s fairly sure that the issues are “private road” ones.  Joyce says she went to a regular Town hall meeting, not a Planning Board meeting.  This was back at the beginning.  Jim says to his knowledge the Town has never accepted Marshall Lane, and it is still a private way.  

Jere asked Fred about the certificates of occupancy.  Fred says that he has given them.  Jere asked if there was a road going to the unit or are there other roads?  Fred says that one road goes to the units.  Fred talked with Peter Pinkham today about this.  Peter brought in 10 truckloads of sand for the septic systems; all other materials were on site.  There were trucks for the building itself.  During the time of construction, Fred says that someone was grading the road.  Joyce said it would have been her husband.  For the record, Jim read part of the decisions for the Greensward Hamlet.  Jim says he does believe this clarifies.  

Sue says that relative to 8.2.B.2 of the Findings of Facts, they would have to see the plans to see what was proposed.  The Code officer and Public Works Director requested hammerheads be constructed.  Jim says that ML needs to be constructed in accordance with the plans.  Jere clarified whether the road referred to was the GH road or Marshall Lane.  Joyce says that nothing has been done to Marshall Lane.  Jere says that perhaps they would have to talk with Town Counsel regarding this.  Sue says this Board doesn’t know what road was in the plans, as they aren’t seeing the plans.  Joyce says that the reason Francois got the extra land from Lucy was for the portion of Marshall Lane.  Jere says that Joyce would have to form an association with Francois regarding maintenance.  Jim asked Fred how recently she got her permits.  Fred says it was last spring.  Jere thinks that it is a civil matter between Joyce and Francois.  Joyce believes that Francois is liable for maintenance.  She lives past her and doesn’t think it is her responsibility to pay to fix this.  

Sue asked if they could get the plans to look at and perhaps check with Town Counsel.  Sue thought they should see the plans.  Jere thought it might take a month to get the information needed.  Jim differs slightly from Jere’s opinion as he believes that if there is a construction plan that hasn’t been met, this should be addressed by Fred.  

Sue asked if the applicant had been notified of the concerns being brought up at this meeting.  She was concerned about having a discussion without Francois being here to represent herself.  

Jim says the road was going to be constructed to town standards, but it might never be asked to be accepted by the Town.  Joyce asked if the town put Stop signs in.  Sue says that they have the minutes, but they don’t have the plans.  Joyce says there were questions about stop signs and who would have the right of way.  Jere believes that maintenance will have to be worked out with Francois.  

Jessica Buzzell submitted an application for a Conditional Use Permit, which would allow her to run an in-home daycare at 95 Carll Road; Tax Map 7, Lot 63A-3.

Jessica would like to run a daycare in her home for 4-5 kids.  She has sent her application in to the State about a month ago.  Jere asked if she had a maximum number of children she would like to have as they will set a maximum as she goes through the process.  She hasn’t thought about it yet.  She referred to the State rules.  To determine the number of parking spaces, they would need to know how many children she would be caring for.  There would need to be one parking space per two children.  Right now, she is showing four children.  

Jere asked for any questions from the Board.  Sue said this is the time for her to determine how many children she would like to have.  Jere said she would have to go through the process again if she went over the number of children stated in her application.  Jessica said she would set a maximum of 10 now.  She would have to show five parking spaces on her plan.  Jim asked about her septic system.  Will she have kids all day long and will she serve meals?  She said she would have them all day and would serve meals.  David refers to the squares she put down for parking spots and added two more spaces where there were vehicles shown on the aerial image for a total of six on the plan.  Jere asked if the Board has enough information to set a site walk.  It was agreed that they do.  
Motioned by Sue, seconded by Larry, to hold a site walk for the above permit on Sunday, January 15, 2012, at 10 a.m.  Four in favor; Jim abstaining.
Jere explained that the Board doesn’t need to come in the house.  They’ll just need to look at the outside of the property.  He would recommend that she ask for more children and perhaps take less.  There would need to be one parking space per two children.  Larry asked if she had dogs.  She says she does and they’re small dogs.  

CEO Report:

Fred says it was brought to his attention that there a number of Nonconforming lots in Town.  In going through the ordinance, there are a number of things that aren’t really clear.  He referred this to the Town Counsel who responded with a 5-page letter.  He is concerned about the interpretation limiting a number of lots that are nonconforming.  The standards are not proportional to a legal lot.  They’re making it much more difficult for people with a nonconforming lot.  He and Krystal are going to research all vacant lots in town for acreage and zoning district to see how many would be usable or buildable lots under the interpretation as it is now.  He wants to see how many are going to be eligible.  If there are 250 lots and 25 are buildable, they would be taking off the books 225 lots of no value, which will hurt.  Jim asks if Fred is considering that the Planning Board might want to make revisions to the ordinance.  Fred agreed that he was.

Jim would like to see the 5-page document.  All nonconforming lots, uses, and structures are lumped together.  They might spell out better the nonconforming lots, uses and structures.  He understands Fred’s difficulties in making determinations on these lots.  Fred will make sure they all get copies as well as the Marshall Road Plan.  Jere believes they have all of the minutes concerning GH.  Fred will let them know about the constructional phases.  Sue would like to invite the other party if they have further discussion with Joyce Lurvey.  Jim is not sure why they need to see the Plan.  Sue says that maybe they just need to ask Fred to do this, and Jere asks that he report back to them.

Mr. Berube has called to ask about doing some work on the Fogg Brook Estates.  Sue says that if he wants to start doing the road and they’re having a discussion about the accuracy of the wetlands, it seems like it would be premature for him to start the road.  Jim says that they have a Stormwater Permit pending for that road and possibly a National Resource Protection permit.  If he is holding permits in his hand, it would be permissible for him to start the road at his risk.  Fred says he hasn’t come back to ask about it.   

Approval of Minutes:
        December 12, 2011 - Sue asked if the draft minutes could be e-mailed to her.  

Approval of Bills:
        Motioned by Jim, seconded by David, to elect Lawrence Curtis as the new Treasurer.  Four voted in favor; Larry abstained.  Jere says that David Anderson has agreed to help with the budget.

        Latest issue of Maine Townman
        Letter from SMRPC regarding dues for 2012 - not proposing any increases - Jere thinks the Selectmen do that.
        Copy of latest expense report dated 1/5/2012.

Other Business:
        Review and discuss Mass Gathering and Adult Entertainment Ordinance. - Postponed until next meeting

Motioned by Sue, seconded by Jim, to adjourn the meeting at 7:58 p.m.  All voted in favor.

Approval Date:  _               __

__________________________                      _______________
Jeremiah Ross III, Vice Chairman                        Signature Date

Town of Buxton
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