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Town Seal
Planning Board Minutes 10/14/2013
Town of Buxton Planning Board
Monday, October 14, 2013 at 7 p.m.

Recorded by Krystal Dyer

Members in attendance: Keith Emery, Jeremiah Ross III, Lawrence Curtis, Cliff Thomas.

Members not in attendance: Christopher Carroll

Keith called the meeting to Order with the pledge of allegiance.

Jack & Leigh Chase or Memory, LLC is requesting a revision to boundary lines on the Chases Places Subdivision plan, a six-lot subdivision located on Memory Lane.   Tax Map 7, Lots 49-5 through 49-10.  Previously approved September 8, 2003 and revised March 28, 2011.
Robert Yarumian begins by updating the Board since the last meeting.   Jack Chase and Memory, LLC have come to terms with the road frontage for lot six.  The road frontage has been put back to exactly the way it was before.  There is a request for lot six to opt out of the ownership of the common land and open space.   There is also a request for lot six to convey 1/6th interest to Memory, LLC.  The town attorney agreed that the 1/6th  interest could be conveyed to Memory, LLC.  This was illustrated in the Town Attorney's email dated October 9, 2013.  The plan would have to be recorded before so the deeds can reflect the approved plan.  The home owners association was overlooked in 2003 and never record mainly because all lots were owned by one person, having no need for the home owners association.  The Attorney now recommends for the applicant to submit the proposed by-laws for the association, at the next meeting.  There is a question, if a homeowners association has to be formed immediately. The Attorney said the association does not need to be formed right away, but the by-laws do.  At the last meeting the attorney's email said we had to add note number seven on the plan, which states "The homeowners association has to be formed prior to the separation of the ownership of the five lots. " Mr. Yarumian is requesting for this to be a condition of approval.  He would like a statement saying "Prior to any of the five lots being sold, (all lots and open space are owned by Memory, LLC) the association does not have to be formed at this time.  Only the by-laws will be submitted.  
Mr. Yarumian added that at the last meeting there was a question on the old high intensity soils surveys.  We submitted the high intensity soils survey from 2003 that stated "all of the soils on the sight were well-drained types of soil."  There was a question if rearranging the boundary lines would affect any of the soil tests or the septic system.  The test pit locations were added to the new plan.  The plan shows a slight change to the fire tank and dry easement.  In 2003 the fire tank was to be serviced by an entrance off of Memory Lane.  The Fired Department wanted it located off of Flaggy Meadow Road.  The easement and the legal description were amended to reflect this change the deed was given to the town.  
Lot six has a grassed strip along Memory Lane, both owners would like this area to be part of
the "maintenance easement" to be mowed by Memory, LLC.  The owner wants to have an easement over lot six allowing them to mow the 30-feet by 100-feet grassy area on the right side of Memory Lane.  Larry questions if the mowing easement would include the strip in the back.  The remaining area is wooded.  
Jere added for the record, that he was contacted by the town attorney and answered to the best of his ability questions concerning this application.  
Keith felt the association would have to be in effect, after the first lot is sold.  The Board discussed a term limit.  Jere suggested re-wording note number seven.   Mr. Yarumian says they should not sell the lot and then form the association.  Mr. Yarumian asked if this could be a condition of approval.  Cliff agreed with the homeowners association being drawn up before the first lot is sold.
Jere questioned the Town Councils comment concerning the homeowners association.  Their interpretation was that even though the homeowners association was not done in 2003, the applicant is still responsible to follow the ordinance.
Larry asked for clarification on the common open space and the lawn mowing.   A landscaper will be paid by Memory, LLC to mow all the grass on site (by the road and in front of each building).   When the association is formed, each individual unit will be responsible to mow their area, but the association will still mow the open space.  Most of open space is wooded.
Keith questions how each lot would be sold, as a duplex (two units), or individual condo units.  If a condo, the applicant would have to form a condominium association.  Mr. Yarumian concluded it will be sold as duplex units.
The Board is satisfied and ready to schedule a public hearing.  
"       Motioned by Jere to set a public hearing for Jack Chase and Memory, LLC for a minor subdivision amendment on Memory Lane Tax Map 7, Lots 49-5 through 49-10 on October 28th, 2013.  Seconded by Larry, the motion passed with a 4 - 0 vote.

CEO Report:  none

Approval of Minutes:
September 23, 2013
"       Larry motioned to approve the minutes of September 23, 2013 as amended, Jere seconded.  The motion passed with a 4 - 0 vote.

Approval of Bills: none at this time.

        ~Workshop for local Planning Boards Oct. 17th - Cliff will be attending.
~DEP Maine Non-Point Source Training.
~Notification of BOA meeting on November 5th.
~MMA Private Sector Projects - Dec. 10th workshop

Other Business:
~Review findings for Daniel & Roberta Aceto.  Jere approve findings 8/20A-35    
"       Jere Motioned to approve the findings for Daniel & Roberta Aceto of 30 Applewood Drive in Alfred.  Tax Map 8, Lot 20A-35, seconded by Larry.  The motion passed with a 4 - 0 vote.

~Review ordinance amendments if any.  Keith recalled cliff had mentioned something about  
  the open space.
~The Board is still looking for two members if anyone is interested.  Keith will approach the Board of Selectmen to request the Board drop down to a five member board.

Attendees may address the Board on the evening's business: None this evening.

"       Cliff motion to adjourn at 7:34, seconded by Larry, a unanimous vote.

Approval Date:    ___________

________________________                                ________________
Keith Emery, Chair                                              Signature Date

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