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Town Seal
Planning Board Minutes 10/28/2013
Town of Buxton Planning Board

October 28, 2013

Recorded by Hilda Lynch

Board Members Present:  Jeremiah Ross, III; Keith Emery, Christopher Carroll, Cliff Thomas and Lawrence Curtis

Absent:  None    

Others Present:  Henry Huntley, Fred Farnham, Jack Chase, Robert A. Yarumian II

Chairman Keith Emery called the October 28, 2013, meeting of the Buxton Planning Board together at 7 p.m.

Pledge of Allegiance

Public Hearing continued for Jack & Leigh Chase or Memory Lane, LLC

"       Motioned by Jere, seconded by Larry, to open the public hearing for Chases' Places subdivision hearing.  All voted in favor.

Keith reviewed the subject of the September 8, 2003, application with the revision on March 28, 2011.

Butch says there may be some people who have just tuned into the hearing.  Because of the new ownership, the two people got together and wanted to revise the boundaries.  The purposes for the revision are for Lot 6 to be separated from the subdivision and to create more side yard area, so Lots 1 - 5 could have more buildable area if they wanted a porch or addition.  The fire tank was placed in a slightly different location than was planned originally.  During the Planning Board process, a couple of issues were raised.  They're proposing a landscape maintenance easement put on Lot 6 for the owners of Lots 1-5 and the open space.  Since Lot 6 is off to the side and doesn't have any use of the area along Memory Lane, they've asked that they give up their 1/6 ownership, so Lots 1-5 would have complete control of the open space.  They've had by-laws drawn up, and they've submitted them.

Cliff asked about the Homeowner's Association agreement, specifically the part about the owner of Lot 6 being a part of the open space/association if the owners of Lot 1-5 are in agreement.  He referred to a section of the agreement.  Butch says they could remove that if necessary.  He sees it as an option for the future.

Keith says that Lot 6 is still part of the subdivision and part of the association.  Cliff says he thought they were trying to break this lot out of the subdivision.  Keith says he believes it is still part of the subdivision.  They would need 200 ft. of frontage for Lot 6 to be separated from the subdivision.  Butch says Lot 6 is totally part of the subdivision, but Lot 6 being a part of the Association is something different.  Jere says that Lot 6 was originally part of the cluster subdivision.  It could still be part of the Association or not.  

Chris asked if the right of way to the open space is being given up.  It will still be owned by the Lot 6 owner, but this easement will be granted to the Association.  They will be responsible for the maintenance.  Chris asked if they wanted to develop it, could they?  Butch says the land is not being given up; someone is being given the right to use it.  

Cliff asked if there was anything requiring Memory Lane to maintain it.  Butch says they don't have to, but they could mow it or plant trees.    

Keith says he doesn't see any abutters present to speak this evening.  He asked if any member of the public wanted to speak.  None presented.

"       Jere motioned, seconded by Larry, to close the public hearing.  All voted in favor.

Keith 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 fire tank is installed.
        4. All outstanding bills paid before building permit is issued.

"       Jere motioned, seconded by Larry, to approve the application with the conditions stated and from previous meetings.  All voted in favor.

CEO Report      - None

Approval of Minutes:
        October 14, 2013 -
"       Larry motioned, seconded by Cliff, to approve the minutes as amended.  Four in favor; Chris abstained (absent).

Approval of Bills: None

        Tuesday, November 5, the Appeals Board will meet.
        Legal notes on abutter amendments - will make it clearer if an abutter sells a piece of land
        Maine Townsman
        Stream runoff regulations
        Spectra Energy sent information regarding "dig safe" and a survey

Other Business

Keith went to see the Selectmen, and they're going to see what has to be done to change the composition of the Board from 7 to 5.  Larry mentioned that the Board is short two people, and they're looking for volunteers.

The next scheduled meeting is November 11, Jere stated.  Does the Board want to meet?  Selectmen Emery wants to come see the Board about an ordinance on liquor licenses.  Keith thinks it falls under public safety and buildings.  He thinks they currently have the right to go in.  Keith says they won't meet if that is the only agenda item.  He says there may be an animal husbandry Conditional Use Permit.  He'll wait and see what they have for business and will know by November 4.  Larry wanted to know if Cliff would bring the Fire Chief to discuss the ordinance of interest.  Larry would like to see the Fire Chief attend with Cliff.  Keith will have Krystal let the Fire Chief know they'd like him to come when Cliff Emery comes before the Board.

~Bruce and Nancy Stedman are no longer proceeding with the summer camp.
~Review ordinance amendments, if any.

Attendees may address the Board on the evening's business: No one presented.

"       Motioned by Larry, seconded by Chris, to adjourn the meeting at 7:30 p.m.  All voted in favor.

Approval Date:    ___________

________________________                                ________________
Keith Emery, Chair                                              Signature Date

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
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