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Town Seal
Planning Board Minutes 02/27/2012
Town of Buxton Planning Board
February 27, 2012

Recorded by Hilda Lynch

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

Board Members Absent:  John Vedral

Others Present:  Bill Thompson (BH2M Engineers), Henry Huntley, Fred Farnham, Amanda Stanley & children; and Cliff Thomas

Chairman Harry Kavouksorian opened the Buxton Planning Board meeting of February 27, 2012, at 7 p.m.

Pledge of Allegiance

Public Hearing Continued:  Normand 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 spoke for Normand Berube Builders.  The Board received his letter which reviewed several points discussed at the previous meeting.  Bill summarized items from their letter:  
        ~added Note 34 to the plan regarding positive drains for the homes,
        ~Note 35 regarding no additional wetland impacts associated with lot development,
        ~Note 36 recommending tree and brush clearing near the entrance for sight line maintenance,
        ~data sheets re vegetation and hydrology, suggested deed for Lot 7 (Bill read last paragraph),
        ~homeowner’s documents reviewed by town attorney,
~installation of drilled drinking water well on Lot 5 - limited clearing allowed w/opportunities for
  selective trimming (point system mentioned and trail for recreation area); ~iron rods for identifying
  buffered areas on Lots 2 and 4;
        ~received Army Corps Permit;
        ~Maine Historic Preservation sent wrong letter and approval has now been forwarded to them,
        ~Letter of Credit from Key Bank.  

Bill is hopeful that this brings the application for Fogg Brook Estates to a point where everything is now covered.  He reviewed all that had been done.  

Sue asked to be directed to wording in the covenants on the sample deed specifically referring to prohibition of alteration for filling of wetlands.  Bill did not see it, but stated that it is on the Plan.  It can be made part of the deed for each lot, he said.  He mentioned a reference to one of the items in his letter regarding DEP permitting.  

Jim appreciates Bill’s sensitivity to the questions and concerns raised by the Board.  He feels the peer review was appropriate and necessary.  He understands that there are still 10.03 lots and is accepting of that.  With revisions to the Plan, he has no objections.

Harry asked about selective cutting in the buffered areas.  He clarified that what they’d talked about at the last meeting was in regards to one lot.

Jere asked if the Board might want this development inspected during the construction phase and after each house is completed to see that buffers aren’t disturbed.  He wondered if Fred would be comfortable with this.  Fred stated that he believes he is.  Jere would like a condition of approval regarding lots inspected for buffers before a certificate of occupancy is given.  Jere wants to make sure the buffers are preserved.  Since it is such a sensitive area, he believes it is important for second-party confirmation regarding buffers.

Sue asked about the reserved septic areas.  She asked about it before and was told that if the septic failed, they would dig it out and put in a new one.  11.B.6.14 and 11.B.6.16 refer to reserved septic areas in the cluster subdivision ordinance.  She referred to Lot 2 as taking out some square footage of indirect wetland impacts would bring the lot just under 40,000 sq. ft.  Jim referred to some of the older plans.  The May 2011 Plan did show two test pits per site, which now is not shown.  Bill asked if two test pits are required.  Bill thought the second test pit would be the reserved location.  Technically, the box for the septic could be cut in half, Jim stated.  The boxes are about 20 x 55 or so, Bill said.  Jim wants to know if it meets the ordinance.  Harry clarified that Jim thought it was okay for two boxes in the area indicated by one.  Jim thought he could designate two test pits that are suitable and put this in the legend.  Lot #4 has only one test pit, Jim says.  Bill asked if this would hold up approval.  The Board members felt that it wouldn’t.  Jim said they could make it a condition of approval and others agreed.  Jim thought they should put two test pits on the plan and change the legend.  

Larry asked about Lot 4.  He thought he saw two test pits but only one has a box around it.  Bill thought the second one wasn’t needed but the legend doesn’t clarify.  The nitrate study for 4-3 shows how the water would travel.

  • Motioned by Jim, seconded by Jere, to close the public hearing for Fogg Brook Estates.  Six voted in favor.
Harry read the standard Conditions of Approval:
        1. All elements and features of the application and all representations made by the applicant concerning the development and use of the property which appear in the record of the Planning Board proceedings are conditions of the approval. No change from the conditions of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
        2. That the applicant be in compliance with all applicable provisions of Article 13.
        3. Notify the Fire Chief within 72 hours before the tank is installed.
        4. All outstanding bills paid before building permit is issued.
        5. The CEO will verify before the occupancy permit is issued that the buffers are adequately preserved
   as depicted on the Plan.
        6. The Plan shall show a primary septic area along with a reserved area on each lot - depict two boxes
          and note that on the legend.    

  • Jere motioned,  Larry seconded, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 13.   Six voted in favor.
  • Jere motioned, seconded by Harry, to approve the application with the conditions stated and from
previous meetings.  Six voted in favor.

Bill will be in touch with Krystal regarding changes and will have Mylar for the next meeting.

Amanda Stanley revised her application for a Conditional Use Permit allowing animal husbandry at 19 Jack Street; Tax Map 7, Lot 61-1.   
Amanda reviewed her letter and has reduced her animals to 2 ducks, 3 guinea hens, and 5 chickens as well as 1 pony, 6 goats until June (4 afterwards), and 1 pig.  She mentioned the moving of the manure storage.

Sue asked if the goats were males or females.  There is 1 neutered male and 5 females.  Sue stated that the ordinance doesn’t mention any specific number of animals over a sand and gravel aquifer.  She has a problem with pigs and goats in a residential area.  She is not in favor of this application.  Jim hasn’t fully decided yet.  The 10 fowl meets the muster of the residential area in Cape Elizabeth, so this is not a concern to him.  He is more positive towards her proposal since she won’t be breeding the pig on site.  David asked if she was definitely going to build a cement storage for the manure.  Jim says this would be a condition of approval.  Jim appreciates the additional information.

Harry asked if the Board is satisfied regarding the distances to the wells based on the latest submission.  David is still concerned about the neighbor’s dug well but realizes it is up to the neighbor.  Is there enough information to go forward to a public hearing?  The Board agrees there is.

  • Motioned by Sue, seconded by Harry, to set a public hearing for the above on March 12, 2012, at 7 p.m.   
Six voted in favor.

Harry gave Amanda a little information regarding the process of the public hearing.   

CEO Report

None this evening.

Approval of Minutes:
        February 13, 2012
  • Jere motioned, seconded by David, to approve the minutes as amended.  Six voted in favor.
Approval of Bills:
        Portland Press Herald in the amount of $21.60 for legal ad for the Buzzell application and $52.20 for running the legal ad twice for the Fogg Brook application.

  • David motioned, seconded by Harry, to pay both of the above bills.  Six voted in favor.
Larry spoke w/Sheridan Bennett who has asked him to come to the Budget meeting on March 6 at 7:40 p.m.  Harry made a note of it and others thought they might try to attend.  

        E-mail regarding additional mapping through aerial photography
Sue questioned No. 5.  Jim says that chances are this is going to be better than the USGS mapping.   Jim thought that for $500 this would be an inexpensive cost.  Sue thought maybe it would be $750 with the addition of a hard drive backup and to copy the discs.  Should the Board be bringing this before the Selectmen?  Larry mentioned monies budgeted for next year’s mapping.  Harry asked about the size of the map file, and the Board discussed the potential costs.  Sue asked how they would get this in a way they could use it?  Harry asked if this was a service they’d need to go to SMRPC for?  Perhaps, they would.  Jim says this would be meaningless unless it could be attached to our tax maps.  Materials from USM have been sent to Krystal.  Harry asked if there is a system out there in which they could tie the data to our tax maps.  Sue will do some further research on this and get back to them at the next meeting.

Town report submission due March 12, 2012
Note from Beverly Gammon regarding the Planning Board report.  Any corrections?  Jere noticed that David Savage’s term should be until 6/14.  Scott Havu should be added (resigned), Caroline Segalla should be added for term ending 6/11.  John Vedral and Susanne Schaller should not be on this list if the report ends 6/30/11.

  • Jim motioned, seconded by Jere, to accept the Planning Board report for 7/10 to 6/11 as amended .  Six voted in favor.
Letter from John MacLaine of DEP concerning Sunrise Ridge Subdivision as being concerning Fogg Brook
        The Board discussed the above letter to try and connect it to Fogg Brook Estates.  

Other Business:
        Review Findings of Fact for Jessica Buzzell
  • Motioned by Jim, seconded by Larry, to approve the above Findings as amended.  Six voted in favor.

Further review of Mass Gathering and Adult Entertainment Ordinance and other Ordinance amendments.
Chief Grovo does have some thoughts and would like to come before the Board to discuss this.  Will see if he’s available for the next meeting.
        Jim asked about a letter from Mike Morse regarding the shoreland zoning.  The Board has discussed this, and they are in compliance with DEP with the exception of the map.  Jim says that the DEP will not provide the Town with a new map.
        Fred has some other ordinance issues - nonconforming lots, the phased approach to subdivisions, and automobile graveyards.  Bill (town attorney) had some suggested language.  Harry’s question for Fred is how many building permits have not been able to be given based on a lot being nonconforming.  Harry doesn’t know what the tax implications are in real numbers.  He asked how the Board wants to proceed with these.  Larry asked if they could review this with Fred at the next meeting.  Harry and others agreed to move the ordinance discussion to the next meeting.

  • Motioned by Sue, seconded by Jim, to adjourn the meeting at 8:31 p.m.  Six voted in favor.

Approval Date:                                  

_________________________________           _______________
               Harry Kavouksorian, Chairman                    Signature Date

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