Town of Buxton Planning Board
Monday, January 28, 2008
Recorded by Hilda Lynch
Board Members Present: Harry Kavouksorian, Barbara Elwell, Keith Emery, Jeremiah Ross, III, Caroline Segalla, and Dave Anderson
Board Members Absent: James Logan
Others Present: Francoise Paradis, Don Warren, James Corbett, Andrea Corbett, John Pompeo, Patrick and Paulette Langevin, Cindy Hazelton, Paul Lurvey, Joyce Lurvey
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Chairman Jeremiah Ross, III, called the meeting to order at 7:01 p.m.
Discussion of site walk for Francoise Paradis who has proposed a Co-housing Community plan, categorized under Section 11.17 as a Multi-Family Unit, located on Marshall Lane; Tax Map 10, Lot 147.
The site walk took place on the 22nd of Dec., and all Board members attended the site walk except for Barbara Elwell and Keith Emery. The Board walked nearly the entire site where the buildings are outlined and a little further back.
Francoise said that they’re working on the plan, which will be changed from her original plan and hoping to be ready for the first meeting in March. Instead of a loop, it will be just one street with four buildings of five units and a common building. Jere clarified that she is proposing to build 20 units under the multi-family dwelling conditions of the ordinances. The only article in the cluster development of interest to her was a provision to allow for some changes if the development is innovative and so forth. She wants to have 20 units but thinks when they take away for the road that it might bring the number of units down.
When you come off Marshall Lane, you would take a sharp right, Jere clarified with Francoise. He wanted to know what would happen with the remainder of Marshall Lane. Francoise said that it would stay the same.
Jere asked about a name for the road for her project, and Keith said she would have to name the road going into her project. Jere said that Fred has the forms, and she should submit them to the Board of Selectmen. Jere explained the process.
Caroline referred to Francoise’s letter dated December 21st and asked if concerns would be addressed. Fred responded to question 1: Would the additional suite needed for her daughter go under the total number of dwelling units. Fred stated that if it were less than 500 sq. ft. and part of Francoise’s residence, it would not count as a separate dwelling. If it was separate, like over a garage, it wouldn’t count; but she might need additional square footage to meet minimum lot size. Jere asked about the unit ever being sold to clarify that the portion for her daughter would not be able to be sold as a separate unit.
In the community building proposed, Francoise wondered if she would be able to have offices in there for residents who lived in the complex. Fred responded that the offices would come under home occupations with a couple of stipulations. They have to be run by people living in the dwelling; offices can be in the dwelling or in a separate building – another structure. He thought offices could be in another building accessory to the dwelling unit – as long as the office was designated for a particular homeowner. Jere asked if they would need to meet all of the provisions under that ordinance (Section 11.10). Caroline wanted to know if each individual would have to come before the Board, or would it be something included in the deed so anyone could
access it? Francoise said that if they do offices or guest rooms in the common building, the person would have to purchase them. Caroline clarified that it would only be for the people living there. She thought this would be a condition then, but Jere thought Fred had the capability of approving this. Anything in addition to a home occupation, the applicant would have to come before the Board for a conditional use permit.
The third question relates more to the Road Commissioner; Jere thought she would have to consult with the Road Commissioner in order to have anything other than asphalt. Keith said this was the way the ordinance was written. She thinks Steve talked with the Road Commissioner, and they thought the road would be asphalt and the driveways could be something else. Keith said he knew someone had talked with Larry because they’re going to need to do some bore sampling. Jere asked if they were planning a hammerhead. Francoise stated that they were and that the pond would be at the terminus. Keith requested that the hammerhead be designed to be on the right hand side of the road. There was some discussion of the definition of a hammerhead being a “T.”
Caroline wanted to know if they could meet with the Road Commissioner to talk with him about other things. She attended a low impact development technique seminar for storm water and things like that, and there’s actually other material that might work that helps with drainage. Jere felt that they would have to adhere to the ordinance and that they could work on that with ordinance changes. Caroline read from the definition and thought the ordinance might be open to other types of material after reading the variety of surfaces possible. Jere thought that the Road Commissioner would have to be involved in whatever decision was made. Keith thought the only thing that would hold up is hot top. Francoise said she believes that there is a new kind of
surfacing that is pervious.
Francoise wanted to know about having one or two guest rooms in a common building in order to keep the units smaller and would that be the same as the office requirements. Jere didn’t think there could be anything other than a room for a guest. Francoise stated that there would be a bathroom in the community building anyway. They didn’t think there could be any additional units. Keith didn’t think there should be any allowance for people to sleep in a building where there are offices, in his opinion. Francoise said they try to keep the units very small, as a second bedroom would be rarely used. It saves a lot of building space and money. She said there would be a shower in the community building since there’ll be an exercise
room. Jere would like to leave this up to Fred to make that determination.
How far apart would the buildings have to be? Francoise asked. They couldn’t find anything in the guidelines. Fred thought it would depend upon how the houses are built but they would need at least 30 ft. separations.
She asked about the number of parking spaces; they’d like to have one parking space attached to each unit and have extra parking spaces and garages so people could choose to buy an extra garage. Jere said that as long as they met the minimum number specified per dwelling unit, he didn’t see a problem with extra parking spaces. Keith asked about parking for the community building; Francoise illustrated the parking on her map. Keith wanted to know how to figure the number of spaces. Francoise explained that the common building would be an extension of the homes: living room, dining room, kitchen, fitness center, playroom for children etc. in this building to also foster community. There would be some guest parking. Keith thought they would
have to sit down and figure out the parking. Caroline wanted to know if there would be other people using the building, and Francoise said that they would have guests. She felt there would need to be some parking for offices and for guests. Caroline gave an example of an accountant having an office there where people would be coming in to meet with this person. Francoise thought there might be this type of business as well as a business that might not need parking. Jere asked Fred about what to look at, and Fred thought he’d like to see a floor plan before making a determination. The majority of questions could be directed to Fred’s office, Jere thought. Dave said he felt better about seeing the revised plan before getting into detail. In March, Jere thought they could nail down final details. Francoise said she’d like to attend the meeting of March 10th and Jere advised that she would need to have
materials in by March 3rd.
Discussion of site walk for John Pompeo of Pompeo Sand & Gravel who has submitted an application for a wood waste processing facility at the 262 Webster Road gravel pit; Tax Map 7, Lot 23.
Jere stopped by Friday afternoon; but because of the weather on Sunday, the site walk wasn’t attended except by Dave and Harry. Jere thought the others might want to stop by to view the site. Jere noticed that around the rear of the property, they had bermes. He noticed the white farmhouse, and John owns that and his house is beside it. He asked about another property (owned by Shaw Bros.), and another neighbor whom John said was more than 500 ft. away. Jere didn’t see any real issues with the property, nor did Harry. Harry thought there were questions about frequency and the actual use itself. He thought it looked the same as what was on the plan. Dave concurred with Harry and felt that it met all
of the requirements. John showed them some samples, and Dave felt he learned quite a bit about the operation.
John has some papers from the DEP, which explains all of the setbacks. The question that has come up is the operation of the processing. He would like to keep the same hours as the operation of his pit and maintain that operation in that. There will only be one acre of processed and unprocessed material, which he thinks will determine what will happen. He thinks it should be written in that they can process as needed. He thinks it is more important that they have the size and maintain their piles. He doesn’t believe there will be any noise to bother the neighbors. Jere asked about the filling of the entire area with stumps and how long it would take them to grind that. John thought it would be under a week. Harry asked if he were
primarily planning to grind stumps that he takes from his own construction sites. John said he is and thinks that most people with pits will be coming forward for permits. John knows of another facility which has a permit, he’ll have one, and he thinks it will be the best environmental plan. John says they all need the product being made from the grinding. John doesn’t see any extra traffic as a result. Keith said the other one that has been approved has been handy for the town as they’ve been able to take stumps that the town has. John asked if the Board had any feelings about the operating hours, and Jere thought that it could be discussed at the public hearing.
Jere asked if the Board was ready to set a public hearing and encouraged Board members to get to the site as soon as they could. John wanted to know if the hearing could be the final meeting. Jere said it possibly could.
Keith moved to set a public hearing for John Pompeo on February 11, seconded by Barbara – the vote was unanimously in favor.
Andrea & James Corbett of 46 Quail Trail are requesting a conditional use permit to operate an in-home daycare/daycare facility; Tax Map 3, Lot 45-14.
Their plan is to open a before and after-school daycare during school days. During the summer, vacations or snow days, they would have a full day from 7 a.m. to 5 p.m. The plan is to have up to 12 children as her license allows. In May 2010, they plan to finish their basement and increase their daycare facility to 24. Her plan is to apply for a daycare facility now instead of having to reapply. In 2010, Jim will retire and work with her. The majority of the children would come from the development where she lives at present.
Jere asked about parking spaces—possibly 12 in the future; the way the driveway sits, they could fit about 8 vehicles and another five or six as they go down. The ordinance requires parking for parents to pick up children. Jere mentioned that children from outside the neighborhood eventually could attend. The ordinance has a requirement about parking.
Caroline asked about dumpsters or anything like that. Jere said they would have to provide their own private disposal. They’re permitted 3 - 30 gal. trash barrels a week; they’d need to provide their own disposal if they have any in excess. Caroline asked about their vehicles. They have a two-car garage. Dave is close to recusing himself as he’s a neighbor but won’t at this time.
Harry motioned, seconded by Keith, to have a site walk on Sunday, February 3, 2008, at 9 a.m.
The vote was unanimous in favor.
Andrea asked if just one of them would have to be there, and Jere said only one would need to be there. Andrea wondered if would it just be exterior, and the Board agreed it would.
CEO Report:
No report. Keith asked about the York Cell Tower and wondered what the status is. Fred stated that the people have been given 60 days to remove the tower. Jere asked if a local one was up and functioning. Fred said he believed it was. The town hasn’t gotten their antennas on it yet. Jere asked about municipal equipment on the tower on Rt. 22, and Keith said he thought the Selectmen would be looking into it. Dave believes that the tower adjacent to the town hall, will be moved to the current emergency management building instead of putting anything on Rt. 22. Keith asked about them staying under 75 ft., which is what the ordinance requires.
Fred attended the workshop that Caroline did, and the gist of it was that runoff needs to be caught at the source, dealing with it on the lot level before it gets to ditches and swales—parking lots and impervious surfaces. So much runoff gets into rivers and streams and does not get back into the ground to recharge the aquifers. Jere asked if he would like to see some storm water management extended to residential as well as business, and Fred said he did. Jere asked about handouts from the seminar, and Fred said he had some. He said there was a DVD that could be borrowed by Board members.
Approval of Minutes:
December 10, 2007 – Keith motioned, seconded by Dave, to accept the minutes as read. The vote was unanimous in favor.
January 21, 2008 – postponed as Krystal left a note that she hadn’t been able to get these in the Board members’ packets.
Approval of Bills:
· Portland Press Herald in the amount of $20.40 for legal ad for the Wat Samaki Temple application.
· Portland Press Herald in the amount of $26.35 for legal ad for the Short application.
Motioned by Keith, seconded by Harry, and the vote was unanimous in favor of paying the above bills...
· W.B. Mason in the amount of $10.85 for a binder to keep the 2008 minutes.
Keith motioned, Barbara seconded, and the vote was unanimous in favor of paying this bill.
Communications:
· Letter from SMRPC – funding – Jere mentioned waiting until Roxanne Eflin comes in. Keith thought that the Board of Selectmen usually pays this bill rather than the Planning Board. Jere thought they could talk about it. Dave says there’s an article in the June town meeting for it as a line item; however, Dave feels they should be very much involved in making decisions with the Selectmen. Caroline concurs especially with shore land zoning and the maps. Dave thought they might wait until after meeting with Roxanne; and if they do put it in their budget, talk about how would they present it. Keith says it used to be in the Planning Board budget.
· E-mails from Thomas Lussier about the Buddhist Temple.
· E-mail from Caroline about some of her questions in regard to the temple.
· E-mails from Patty Berry and Gary Plummer about the temple.
He thinks they’ll deal with those on the 11th. That’s all he has. Copies are available at the Code Enforcement Office of above e-mails.
Other Business:
· Review of findings of fact for:
Kellie Short – Caroline motioned to approve as written, Dave seconded. The vote was unanimous in favor.
· Josh Jewett & Jennifer Granillo – still waiting for Mylar’s and DEP approval.
Dave is okay with what is written as a finding, but wonders if we should have everything before approving. This has been postponed.
· Ruel Sawyer – Adams Acres & sign Mylar. This will be postponed until the Mylar is approved.
· Discuss 08/09 Planning Board Budget - Due February 1st.
Keith moved, Barbara seconded, to go to a workshop at 8:04 p.m. The vote was unanimous in favor. The purpose of the workshop would be to discuss the budget and award the peer review bid.
Approval Date: __________________
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Jeremiah Ross, III, Chairman Signature Date
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