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Town Seal
Planning Board Minutes 01/23/2012
Town of Buxton Planning Board

January 23, 2012

Recorded by Hilda Lynch

Board Members Present:  John Vedral, David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; Susanne Schaller; and Lawrence Curtis

Absent:  James Logan  

Others Present:  Bill Thompson, Henry Huntley, Cliff Thomas, Amanda Stanley, Jessica Buzzell, Marcel Chauvette   

Chairman Harry Kavouksorian called the January 23, 2012, meeting of the Buxton Planning Board together at 7:03 p.m.

Pledge of Allegiance

Review Jessica Buzzell’s January 15th site walk for a Conditional Use Permit, which would allow an in-home daycare at 95 Carll Road; Tax Map 7, Lot 63A-3.

Jessica stated that she would like to have an in-home daycare at the above address.  Harry asked if Board members had any questions.  

David stated that he saw enough space for six cars.  He was wondering if the spaces will still be there after the snow is gone.  Jessica says it will be the same.  Harry asked if there is a path to the play area.  Jessica stated that there was.  Harry says it looks like about 70 ft. on the map from the house to the play area.  When she stopped by, Sue stated that the backyard looked like a grassy area from the house to the play area.  Harry asked if they were ready for a public hearing.

Jere motioned, seconded by Sue, that the Board set a public hearing for the above on February 13, 2012, at 7 p.m.  Six voted in favor.

Amanda Stanley is requesting a Conditional Use Permit allowing animal husbandry at 19 Jake Street; Tax Map 7, Lot 61-1.

Amanda stated that she had lived there for seven years and has gradually accumulated animals - chickens, a pony, goats and a pig.  Four goats are theirs, and two are visiting, she says.  The two visiting goats will leave in the spring.

John asked if any neighbors had difficulty with the animals. Amanda is unaware of any.  Looking at Ordinance section 11.3.B - David mentions that she has to have the manure for the animals 100 ft. from the house.   She says that right now the manure is in the backyard, but they plan to have some landscaping done and some changes made.  David mentions a requirement of the manure pile being 300 ft. from any wells.  Amanda says that they have a pen near her neighbor’s well.  David says it would help if she would include on the diagram the distances from the neighbors’ wells as well as distance from her own.  David asks if the manure is covered.  She says it’s only about 8 ft. from the house right now.  Jere asked if she could show the wells on the plan she’s given them.  

Amanda said that Scott Reed has given permission for a pen on his property.  She doesn’t know who is on the end of her property through the woods.  Jere referred to the lot numbers.  The open space appears to be 61, and 61-1A, 61-5, 61-6, and 61-4 are the lots for which they‘d need footage to the wells.  61-2 and 61-3 may also be within 300 ft. of her.  David asks if it is common to haul the manure every 3-4 months.  Amanda says she doesn’t have a lot of accumulation.  She is willing to do whatever needs to be done.  He would like her to point out the manure storage when they have a site walk.  Harry mentioned that she could get some help from the Code Enforcement Office to find the distances to the wells.

Harry says there is a little conflict.  The application states that her lot is 3 acres.  In another place, it is stated as 2.75 acres.  Harry would like to know the square footage of the lot.  Amanda says that it is about 2.75 acres.

Sue read the ordinance definition of Abutters and it does include people across the street.  Sue pointed out that manure would be frozen this time of year (making winter removal difficult).  For her, Sue thinks 3-4 times a year for manure removal would be sufficient.  She mentions that since Amanda has six goats right now, she should include them in the application.  Harry stated that she should include the total number of animals she plans to have so she wouldn’t have to come back before the Board if she were to add more later.  Amanda mentioned she breeds and then sells some young animals.  Sue says Amanda should include how many she plans to keep to post-weanling/adult size; new litters may not included in the count until they are older.  Sue  asked Fred if we need a Conditional Use Permit for the neighbor’s property if Amanda’s pasturing goats on the neighbor’s property.  Fred stated that it was good question.  Amanda says that they could re-arrange the fencing (to limit the animals to her own property).

Larry thinks that manure needs to be 150 ft. from a dwelling.  There was some discussion about whether the applicant had to adhere to this, and Board members agreed that she didn’t for her own property.  

Harry thinks they are set for a site walk.  

  • Motioned by Harry, seconded by Larry, to set a site walk for Saturday, January 28, 2012, at 10:30 a.m. for the above.  Six voted in favor.
Berube Builders submitted more information and the wetland and soil mapping report by the peer review for Fogg Brook Subdivision; Tax Map 9, Lot 15.

Bill Thompson represents Berube Builders on the Fogg Brook subdivision.  They were directed to contract with a peer reviewer, Bill stated.  They’ve done so and submitted the findings on January 17th.  

There were some wetland delineation changes.  Lots 2 and 4 had a finger or two of wetland coming up into them and between Lots 8 and 9, there was a wetland.  There was a connection down along Fogg Brook.  The wetlands for Crossing Brook Drive stayed about the same.  Sheet 2 shows what the results were.  They had some soil-type changes.  These changes did not change the density of the project.  They (the Applicants) are anticipating hearing back from the DEP soon.  

There is a national initiative, Bill says, to look at both direct and indirect impacts to wetlands.  He has three areas of concern.  He mentioned a couple of places that could be filled, although they’re trying to protect the wetlands.  He had to include this in his notes, so this had to go back to DEP.  DEP wasn’t aware of the new national initiative.  Bill says they’ve accommodated the two areas of indirect impact.  The nitrate study was revised by Seavey and Mahar.  

BH2M had two site walks - one with DEP.  They were asked to have a traffic analysis done.  There was no impact for the intersection.  They have a Maine DOT entrance permit.  The nitrate study has been revised.  The road name has been approved.  The peer review has been done.  

Harry asked if they were still waiting for the DEP permit.  It was ready until they had to submit a small amount of further information, Bill stated.

John asked Bill if when these houses were built, would he be comfortable with the mosquitoes there?  Bill doesn’t think it is any different from other areas in Maine where there are wetlands and a brook.  He wouldn’t be concerned with that.

David asked about the shaded area on Lot 4.  That is the well zone, Bill stated.  David asked if there were any changes in the lot sizes.  Bill says that Lot 4 became bigger by including some of the open space.  The Army Corps is worried about some wetland areas getting filled.

Larry asked about the entrance to the development.  What is the angle of approach if one were going to the East.  Is it an easy turn?  Larry says it looks like a 90 degree angle, and Bill says that it is.  He pointed out that across the street the entrance is a 90 degree turn, also.

Sue thinks they’re really shoe horning the lots into the site, but if it conforms to the ordinance, then it is allowed.  Sue asked if the cemetery was included in the area calculations for the lots?  Yes, Bill says it is, within the 43,000 square footage of Lot 10.  She wonders if the cemetery and setback should be excluded from that lot size.  Bill says the lot is bigger than it needs to be.  Jere asks if the owner of Lot 10 would own the cemetery?  Bill says that, in theory, he believes that would be the case.  Jere wanted to be sure that this information would be included in the deed.  

Bill says that every lot’s deed will say what it is subject to.  He has done a sample.  Sue asked if they had that.  Bill says he believes it came with the January 17 submission.  Bill had to make an amendment to the homeowners’ assoc. documents.  He does have a couple of copies of it tonight.  The homeowners’ assoc. documents came from the attorney and were submitted around 11/11.  Sue says she will need to see the wording of those deeds - anything that is covenanted would need to be included with the applications.  John asked if it should be left for the statutes rather than in the deeds in case there are changes in the statutes.  Sue stated that Bill is stating that the cemetery will be included in the deed and that restrictions need to be recorded in the deed.  Bill picked Lot 7 for his sample deed covenants.  This covers a multitude of conditions.  Harry thinks that Sue is trying to avoid a long list of Conditions of Approval.  Bill asked if they needed a deed for each lot.  Sue agrees that the indirect wetland impacts are appropriate for inclusion in the plan.  

Harry asked if they could set a public hearing before the DEP permit.  Bill believes they will receive the permit shortly.  Jere asked if they have sufficient information.  Harry thinks they’ve received most of what they will be getting.

  • Jere motioned, seconded by Harry, to set a public hearing on the above for February 13, 2012, at 7 p.m. at the Buxton Municipal Center.  Six voted in favor.  
Bill says he will put together a packet for everyone so they’ll have it prior to the public hearing.  He’ll get it to Krystal this week.      

CEO Report

Fred has a question he wants to bring before the Board to see what the process would be.  The economy has slowed down.  A number of subdivisions have been approved and have only been partially developed.  Especially for those who haven’t started any development, he thinks they may be hesitating because they think they may need to do the whole thing once started.  If they wanted to do things in phases, so it would be an incremental development, they might get started.  The question has been raised if this is possible.  The developer might start and build a couple of houses, and things might be left incomplete.  If it is a phased-in process, they might be able to stipulate certain things being done.  A developer wants to start but do a phased-in process.  If the financing goes bad, it might leave people with some things unfinished.  He would like to have the Board think about this.  

Harry asked if someone has come forward.  Fred says that this has occurred.  Harry mentioned that this might eliminate them having to do the whole road instead of just enough for a few houses.  Harry asked about the bonding.  Fred says that it seemed reasonable to have things done in phases.  There was some discussion about how this could happen.  Harry clarified that this is for folks who already have an approved plan.  Jere wondered if they would have to come back before the Board.  A couple of Board members recalled that there were some developments when this has occurred in the past.  Jere would want bonding for the length of the road to serve the houses.  

David asked about the requirement of a fire tank for the whole subdivision.  Fred thought they might want to look at two sections - p. 13.13, Section 13.5.K.1.c - Water Supply - looks like as soon as they reach five lots, they would need to install the hydrant.  Jere says that if they’ve been approved for 10 lots, then it doesn’t matter how many have been built on.  In page. 13.14, Section 6 of the Ordinance, it appears that no matter how many lots you have developed, the hydrant would need to be in.  Jere says that once a subdivision is approved for a certain number of lots, then the developer would have to come back before the Board.  Jere asked if Fred would speak with Counsel about this.  Sue says that somewhere in the ordinance is a reference to the same person owning multiple adjacent lots, and that these would be considered one lot.  Fred says he believes the Board is at least considering this, but they would like to have some further legal advice.  Jere would be willing to work on the ordinance that would allow for something like this.  

John asked about the cost of installing a fire tank.  Jere thought it might be $15,000 - $20,000.  Fred will check on this.  Jere would want to make sure there’s enough bonding for the road to the number of houses that will be built.  Harry says it raises one question about a single roadway in and developed houses at the beginning; then, lots in the back would require construction vehicles coming in later.  John says his understanding is that they give developers five years anyway, which took effect in June, 2011.  If the original approval did not allow them to phase, then they would come back before the Board for a minor amendment.  Harry asked Fred if he’s had a chance to look through this to see if there are any other things regarding phasing.  He has not as yet.  

Harry asked if he were going to start with town counsel.  Fred said he would.

Jere asked if there is any progress with Greensward Hamlet.  Fred says he is working on it.   

Approval of Minutes:
        December 12, 2011 –
  • Jere motioned, seconded by David, to approve the minutes as amended.  Four in favor; John and Larry abstaining.
        January 9, 2012 –
  • Sue motioned, seconded by Jere, to approve the Draft 2 of the minutes as provided this evening.  Four in favor; John and Harry abstaining.
There was discussion of the By-Laws as they relate to the Secretary of the Planning Board.  Harry read from the By-Laws about the officers.  It was decided that the Board would have to delegate the authority for recording the minutes because of the way the By-Laws are currently written.  

  • Motioned by Harry, seconded by Jere, that the Planning Board would delegate the duties regarding the recording of minutes, arranging for notice of hearings, providing notification of special meetings to members and preparation of correspondence for the Board to the Code Enforcement office as it deems necessary.   Six voted in favor.
Sue stated that she didn’t receive her packet until today.  It would be helpful for her to receive it sooner.  The others received theirs last week.  Harry clarified that Krystal usually gets these out the Tuesday or Wednesday before the meeting.    

Approval of Bills:

Larry has received the folder.  He will contact Dave Anderson for help regarding his duties.  He has received the expense report.  He’s aware of the town’s budget meeting.  Harry said the budget is due February 3rd.  Jere asked if the Board had any objection to Larry going over the budget with David.  None objected.  

Larry asked about the Planning Board attendance sheet.  Jere says it is his duty to fill this out.  He’ll get it back to Hilda at the end of the meeting.

Jere asked if they wanted to quickly go over the budget.  He thought printing costs and mapping would be carried forward.  David asked if there were any questions from the Board that they should give to Larry.  Harry thinks that mapping and printing costs could be carried over.  John says they could reduce the salaries somewhat as he doesn’t take a salary or any mileage.  Jere and Harry thought that any balance would go to the general fund anyway.  Larry and David will be able to go over the material for Feb 3rd.  The Budget Committee will then set a date to meet with the Planning Board Treasurer and one of the other members would attend with Larry.  Some instruction was given to Larry about what he will need to do.  Harry suggested that Larry give Krystal a call about any deadlines.

The Attendance sheet is not up to date.  


        Copies of Shoreland Zoning letter - Maine DEP has acknowledged and accepted ordinance changes for shoreland zone - about the shoreland zone overlay, Harry will ask Fred about this.  Harry read Michael Morse’s Email acknowledging that maps do not match the ordinance; water bodies that were removed still show on the map and should be taken off.  The DEP has tabled the whole shoreland zoning issue, so it might be worth waiting.  Harry will speak with Fred about this.  
        “Maine Townsman”
        Copies of the Annual Town Meeting Deadlines and Dates - Harry reviewed dates

Other Business:
        2012/2013 Budget review due February 3, 2012
        Review and discuss Mass Gathering and Adult Entertainment Ordinance

David believes that the Board should prioritize the two above ordinances.  He thinks the Selectmen are interested in the Mass Gathering ordinance.  Harry has a folder of examples.  David thought it would be worth picking one and working on it.  Jere asked if they wanted to set a time to workshop on these during earlier hours.  The Board has set two public hearings for the next meeting now.  Sue thought they could make it easier by using adopted language developed by others.  

John says that everyone here is talking about this being a foregone conclusion.  He hopes we won’t adopt these ordinances and that others will come forward who do not want this type of ordinance.  Harry says that the suggestion is that they adopt one as a boilerplate.  John doesn’t want it to be a foregone conclusion.  Larry asked where this came from, and Jere says the Board of Selectmen asked them.  He acknowledged that there seems to be a difference of opinion.  He thinks it is a foregone conclusion if the Selectmen asked them to do it.  There was some disagreement.  David suggested having the question on the ballot about whether the Town wanted to have such an ordinance and then a separate question for the approval of an ordinance.  Larry tried to clarify whether they should vote to spend time or not on such an ordinance.  

  • Sue motioned, seconded by Harry, that they draft ordinances for mass gatherings and adult entertainment as requested by the Selectmen.  Five in favor; John opposed.
  • Jere motioned, Harry seconded, that they have a workshop to work only on the mass gathering and adult entertainment ordinances on January 30, 2012, at 6:30 p.m.  Five in favor; John opposed.  Krystal - would you please send Larry some samples for mass gatherings and adult entertainment
  • Motioned by Jere, seconded by Larry, to adjourn the meeting at 9:10 p.m.  Six voted in favor.

Approval Date:  _________

_________________________________           _______________
               Harry Kavouksorian, Chairman                    Signature Date

Town of Buxton
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