Town of Buxton Planning Board
Monday, March 11, 2013 at 7 pm
All meetings are held at the Buxton Municipal Building located at
185 Portland Road, Buxton, Maine 04093
Recorded by Krystal Dyer
Members in attendance: Keith Emery, David Savage, Christopher Carroll, Nichols Murray and Lawrence Curtis.
Members not in attendance: John Vedral
Others in attendance: Code Enforcement Officer Fred Farnham, Henry Huntley and Cliff Thomas
Call to Order: Keith opened the meeting with the pledge of allegiance
Determine if able to conduct a Site walk for Daniel & Roberta Aceto, who are requesting an expansion of their Conditional Use permit for a warehouse & outdoor storage facility. Aceto Construction is located at 1027 Narragansett Trail on Tax Map 8, 20A-35.
Since the parcel is still snow covered, the Board agreed to wait until the next meeting on March 25, to schedule a site walk.
CEO Report: None
Approval of Minutes:
February 25, 2013
" David motioned to accept the minutes of February 25, 2013 as amended. Seconded by Nicholas, motion passes with a 5 - 0 vote.
Approval of Bills: None at this time.
Comprehensive Planning Committee -meeting agenda
SMRPC - a representative from SMRPC will meet on Monday 25th, 2013.
~Review 2013 Ordinance amendments - The Board reviews an email from town attorney David Kallin, giving his recommendations to the proposed ordinance amendments. Krystal updated the Board on the current required posting and procedures, explaining how having the legal ad posted in the newspaper gives proof for the file. Krystal added that the newspaper reaches many people who do not have a computer and enjoy their daily newspaper routine. Larry read from the attorneys email from March 6, 2013 referring to 7.2, that it might still make sense to change the ordinance provision as proposed because the existing ordinance differs from the State law. Chris said rather than change the way we advertise, he is suggesting we get our ordinance in line with the state regulations. Larry's concern of removing specifics from our
ordinance, we then have to refer to the current State Statutes. Is that typical, to have to reference another book? If we are not in line with the current state statutes, we should make a change, but should be more specific so we can follow on an on-going basis. Possibly amend our ordinance to reflect what the state has. Krystal will print a copy of 30 AMRSA § 4352(9) for the next meeting.
John also proposed to increase the trigger number for a building permit from $1,000 to $10,000 or even $20,000. Fred feels it should be at face value. The Town sets the building fee in Article 5.5. This would make it so anyone could build on their property and not have to meet setbacks or other building codes. Keith is willing to keep it at 1,000. The Board agreed to wait and address further, when John returns.
Attendees may address the Board on the evening's business:
Cliff Thomas came to discuss the issue of shoreland zoning and mapping is back on the table again. He dropped off some proposals for the Board to review. The first one is to do with waterfowl and wading bird habitats Article 13.5.L.3 i. This was taken out of DEP's shoreland zone requirements last year. He would like the Board to consider removing it from the town's ordinance; it could still comply with DEP.
The second submission was to request a state imposed ordinance, which would save the Town hours and money in mapping costs. Cliff supplies a diagram of what the Planning Board would have to do if it was state imposed.
Chris asked what the difference would be for the Town if we went with the State imposed shoreland ordinance. Cliff said that right now there is no difference, since 2010, the Town has voted to remove of some more restrictive ordinance and bring the ordinance back in line with the state minimum requirements. Keith said he personally thinks the town should have their own Shoreland ordinance, because there are some things in the shoreland that we may want to protect that the state does not cover. Keith wants to make sure the birds have their habitats. Cliff said there are many landowners caught up in the restrictions placed on their land.
Henry Huntley agrees with Cliff's proposal. He referenced an article on amended guidelines. If this is deleted, there is still federal protection for the waterfowl and their habitats. If we find our ordinance is similar to the state guidelines, why spend the money? The Board will review the information that Cliff submitted. Chris MacClinchey of SMRPC will be here on Monday, March 25 to update the Board on the current Shoreland maps.
" Motioned by Nicholas, seconded by Larry to schedule a public hearing on April 8, 2013 for the proposed ordinance amendments. Motion passed with a 5 - 0 vote.
" David moved to adjourn, seconded by Chris, a unanimous vote.
Approval Date: ____3/25/13_
Keith Emery, Chair Signatu