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Planning Board Minutes 06/23/2008
TOWN OF BUXTON
Planning Board
Monday, June 23, 2008

Recorded by Hilda Lynch

Board Members Present:  Jeremiah Ross, III, Harry Kavouksorian, Keith Emery, David Anderson, Emily Walsh, David Savage, Sr.

Board Members Absent:   James Logan  

Others Present:  Gordon & Shirly Copeland, Steven Retalic, Alan Burrows, Edward Brackett, Bernie Frank, Timothy Clements, Marie Clements, Kim McKinnon, Gordon Lane (American Journal), and Dan Riley (Sebago Technic)

Chairman Jeremiah Ross, III, called this meeting of the Buxton Planning Board together at 7:01 p.m.
        Jere thanked Barbara Elwell and Caroline Segalla for their service over the past year.  Their input was greatly appreciated.  He introduced Emily Walsh and David Savage, Sr., as the new members of the Board.

Timothy & Marie Clements of 29 Hall Road are requesting a Conditional Use Permit for Animal Husbandry to raise up to 24 goats.  Tax Map 1A, Lot 48.
        Marie stated that they live at 29 Hall Rd. and have leased the property across the road from their residence.  Lots 59, 61, and 62 are the lots they own.  They’ve leased only what is across from their property.  She showed the property on the map.  They’d like to have two small pens to house dwarf goats on this property.  
        Board member David A. asked if Hall Rd was a private road and wondered if they were members of the association.  They said the road was private, they are members of the association, and Marie is an officer of it.  Tim mentioned that the association has no legal standing but is an informal association.  David would like a clarification on the rights of the Garniss people to Hall Rd. Marie stated that they do not have access; the right of way which creates Hall Road comes off the deeds of all of the residents who live on their side of the road.  Since the Clements own the road over to the leased property, they see that they have access to the property, according to their lawyer.  Jere stated that the access to that property is a civil matter and has no bearing on the conditional use being considered tonight.  David asked if she were going to have a farming operation on a commercial basis; would she sell things from the property.  She does make cheese, which she will be selling from another property.  She would be selling kids occasionally.  David asked if they were going to need parking.  She would like to be able to have people park on this property if she has a party or something like that.  She’s seeking the permit to have goats on her property.  David asked if this was specific to goats – no chickens, roosters, etc.  
        Jere asked about the sheds being proposed on the site.  They’re looking at portable wooden tool shed-type things so they could move them.  They’ve had equipment in there to clear some of the property.  They’ve leased about 6.9 acres and have left some existing trees along the road.  They’ve cleared an area (100 x 300) in the middle; they’ve left plenty of buffer.  Jere asked if the goats grazed.  Goats don’t graze, Marie stated, so they provide their feed.  Keith stated that they have been up there for their other animals, so he doesn’t have a problem.  
        David S asked if they’ve put a driveway in there.  Marie stated that there’s an opening between the trees.  He asked if this is a renewable lease, and they stated it was.  She described solid woods around three sides, and they’d close off the driveway if they don’t lease again.  He asked about the cottage down from their property; she stated it was several hundred feet away.  He mentioned 11.3.B in which they have to be 300 ft. from a well, and he asked if they were.  They stated that they were more than 300 ft. from the cottage’s well.  Jere asked if they could show it on a plan for them.  He would probably go from the closest point of the land to the nearest well.  Tim isn’t sure there is a well.  It sits on .06 acres, and Tim talked with the gentleman who owned it who said they don’t have a well.  She stated there would be no uncovered manure pile.  David S asked how far they were from Steve’s lot.  Tim says they’re about 240-250 ft. as the crow flies.  The ordinance states 100 ft. from an open manure pile.  11.3.B – Jere stated that she’s not proposing an uncovered manure pile, so this doesn’t apply.  The goats she currently has are much closer to the well, which was determined last year.  Jere asked how far the setback was from the pond, and Marie said they were more than 100 ft. from the pond.  
        Harry would like to see the measurements from the well and the setbacks.  Jere stated that they could confirm with the Code Enforcement office if the well exists for the cottage.  If there is, just show the footage.  Harry is interested in seeing the setbacks from any wells in the area.  He verified that there wouldn’t be an open manure pile.  He’d like a little more detail on the kinds of buildings they’re going to put in.  He’s okay for now.  Will it be a dirt floor or concrete?  Harry asked.  She says that a lot of these buildings come with a floor, and she’d prefer that.   Marie said that there are two buildings, a 50 x 50 for the does and a 20 x 20 one which will house 2 – 4 bucks.  Jere would like the footage to the goat pen itself.  Jere said they needed to demonstrate to the Board that they are 100 ft. from any well.  He’d like something physically on the record that shows the footage.  Keith asked which lots they wanted.  Lot 48 is the one they’ve leased.  It was agreed that Lots 46, 49, 50, 51, 54, 58, 60, and 63 were the ones they’d need dimensions from the pens.  Jere asked for an arrow on their plan with the estimated footage.  Jere stated that the Code Enforcement office would have info on the location of the abutting wells and septic if there are any on the properties.  
        Jere asked if the Board thought they had sufficient info to go out for a site walk.  He’d like to have all Board members attend.  Keith said that Tues. and Thurs. are out for him.  The Board members thought that July 14, 2008, would work for everyone.

  • David A moved that they set a site walk for Tax Map 1A, Lot 48, for Monday, July 14, 2008, at 6 p.m., seconded by Keith.  All voted in favor.
        
        Jere stated that the August 11th meeting would be for a discussion of the site walk; and if all looks good, they’ll set a public hearing for the 25th of August.  Jere asked if they would allow abutters to attend the site walk.  She asked how he defined it, and Jere said that they would be people who directly abut their property.  He thought there would be others that might like to attend, and he encouraged them to allow this.  Harry reminded them that they wouldn’t be having a lot of discussion at the site walk, as that would need to be done at the public hearing.  Marie said the pens are already staked out.  Mr. Clement asked if a notebook sheet listing the distances would be okay.  Jere asked them to take a tax map like they’ve done before to show the distances.  One property owner stated that he wouldn’t allow them on his property, so Jere stated that he wouldn’t encourage any trespassing so to make an educated guess if they couldn’t get on someone’s property.  Jere said Fred could give them some good information.         

Kim McKinnon of 20 Dundee Circle is requesting to expand her existing Conditional Use Permit for Animal Husbandry to house horses from 2 to 4.  Tax Map 4, Lot 12-7.
        Kim’s asking to keep a couple of extra horses she’s recently rescued.  She moved to Buxton 30 years ago and bought 2.9 acres in what was a rural area.  In 1988, she came before the Board to get permission to house 2 horses.  By the time she built a barn, the property became residential.  She thought her property was grandfathered since she was there when the area was rural.  She found out she wasn’t so realized she had to come back before the Board.  She has a well on the property and has it tested yearly as she took care of children, and her water has been fine.  She has the same barn but re-did the fence last fall and cleared out some trees because she had some moss and mold on the buildings.  She moved the fence back a little from the front.  She’s asking to be able to keep these two horses.  She isn’t planning to cut down any more trees.  She’d like to have a paddock behind the barn.  
        Jere asked if she was proposing any new building.  She might like to re-arrange the inside of the barn, which Jere stated that they wouldn’t need anything for that.  She asked about putting a storage area on one side below a roof, and Jere stated that a building permit would be what she would need for that.  
        Harry asked if she’s planning to house five horses (which includes a pony).  Kim agreed she was.  She’s not starting a business.  The two new horses will be able to be ridden.  Harry asked if she were going to house any other horses or give lessons, and Kim stated she wasn’t.  
        David S asked if she were going to have an open pile of manure.  She doesn’t plan on an open pile; she uses the manure on her garden and gives it away to others.  She’d put up a sign for people to take it if she saw that happening.  David S asked if they would treat this as 100 or 300 ft. from a well.  Keith said that even though there wasn’t a pile, it’s still outside exposed to the weather.  Kim said she could have it trucked away.  David S is concerned about the neighbors’ wells.  She’s had animals when her neighbors moved in so believes it should be allowed.  She thinks it is at least 300 ft away.  She doesn’t believe it is posing a threat to anyone.  Keith says if it winds up being closer than 300 ft., she’d have to build something to put the manure in.  Her well is towards the front of her property, and the people next door are quite a distance.  Jere would like to see the distance from the wells on 12-6 and 12-8 to her well.  He stated she would still have to be in compliance with the ordinances as they are now.  She doesn’t plan on keeping the manure.  
        Jere asked if she answered section 11, as the Board members didn’t see it.  11.3 deals with animal husbandry, which she would need to answer.  Kim stated that she did.  Keith said it may not have made it down if she did it.  Kim thought she’d done them, but the Board members didn’t see it so Jere asked her to contact Krystal about it.  
        Jere asked about Lot 12-E; Kim thought something was currently being built on it.  The Board didn’t think they’d need 12-E.  David S asked about 12-5, and Jere asked for this one, too.  11.3.A. states that she would need to show first the distance from where the animals would be kept to the nearest house other than the applicants.  The barn would need to be at least 100 ft. from the neighbors’ dwelling.  Kim stated that her neighbor has added a garage, which would have put them closer to her paddock.  Jere stated that it was from a dwelling unit.  Emily and David had no questions.  Jere stated that they were making all applicants do the same thing.  Jere mentioned that she was approved for two horses but was asking for three more.  Kim’s only concern was the fence.  The fence isn’t an issue, Jere clarified, except as it defines the pasture area, which is where it should be measured from to be 100 ft. from the nearest dwelling.  She agreed that she might have to move the fence back.
        Jere asked if the Board had sufficient info to set a site walk.
  • Keith moved that the Board hold a site walk of Tax Map 4, Lot 12-7 on July 14, 2008, at 7:15 p.m., seconded by Harry.  All voted in favor.  Jere spoke about the measuring being done prior to the site walk and stated that Kim could get info from the Code Enforcement office.  He asked her to get info on 11.3 from Krystal.         
Gordon & Shirly Copeland, 241 Rankin Road, are applying for a conditional use permit for a kennel in order to house more than six (6) dogs.  Tax Map 6, Lot 57.
        They’re not going to change a thing from the last 20 years, stated Gordon.  They’ve always had pugs.  They’ve bred a litter about once a year.  They have two English bulldogs.  He’s answered all of the questions on the application.  They don’t have a kennel anyway; the dogs have free reign of the yard and house.  He believes he’s answered all the questions.  He’s not an architect but has provided a drawing.  Jere stated that they’re here because they’ve exceeded the number of dogs allowed without a kennel license.  Because of the actions of some other people, the Board has had to go through this process.  They’re not saying that they don’t take proper care for their dogs; but if they have over five dogs, they have to come before the Board.  Gordon said they’ve always had a kennel license.  
        David asked if the Town of Buxton Animal Control Officer (ACO) had been out to their property.  Yes, Gordon said she’s been out twice.  He doesn’t have the license yet, because he thinks it’s being held up because of this meeting.  David suggests that the Board have a copy of the ACO report just as they’ve asked of the others.  Jere asked if they could provide the Board with a copy.  Gordon said he doesn’t have it.  He said that the ACO stated that it would be sent in the mail, but they haven’t seen it yet.  Jere said they’d take a copy of last year’s report.  David just wants the copy on the record.  Mr. Copeland read from the report he had, but the signature was tough to read.  David stated that this was Michelle, the ACO.  David said he would see what he could do to help the situation.  David asked if they were registered by the State of Maine as a kennel or breeder.  They said they have to do that, too, and they’re planning to do it.  The year before they had to apply, but they didn’t have a litter last year.  Mr. Copeland said they couldn’t sell a puppy now until they’re at least 8 weeks old.  Emily, Keith, David S, and Harry were all set.
        Jere asked if the Board felt they had sufficient info to set a site walk.  Jere asked if they could come between 8 and 8:30 on the 14th.  
  • Keith moved to have a site walk for Tax Map 6, Lot 57, on July 14th at 8 p.m. at 241 Rankin Rd, seconded by David Savage.  All voted in favor.  Jere said they
might be late or possibly early.    

CEO Report – No Report as Fred was on vacation.

Approval of Minutes
April 28, 2008 – David A. motioned that the Board accept the minutes as written, seconded by Keith.  4 in favor, David S. and Emily abstained, as they were not present for the meeting.
May 12, 2008 – David A. motioned that the Board accept the minutes as written, seconded by Harry.  4 in favor, David S. and Emily abstained as not present for this meeting.
        May 27, 2008 – tabled until a majority of those that were here are present
        June 9, 2008 – tabled until a majority of those that were here are present

Approval of Bills:
Portland Press Herald in the amount of $44.20 for legal ad for Aceto, H.A. Mapes and Greensward Hamlet.
  • David motioned that the Board approve the above payment for $44.20, seconded by Keith.  All voted in favor.
David has received another bill from Deluca-Hoffman Assoc. in regard to the SAD 6 elementary school at Buxton Center for $3986.43.  There are no funds held in escrow at this time, so he’ll be in touch with SAD 6 regarding this.
A memo from J.T. Lockman (SMRPC) in which they’re looking for whom would be the payer for the aerial photography mapping that was discussed between the Chair and the Board of Selectmen.  Jere, Jim and Caroline were at the meeting; and it was Jere’s impression that the Selectmen were going to cover it.  David says that this was also his understanding.  David thought Jere might want to look into it further.  Jere asked when this would have to be paid, and David says this is another clarification he’d like to make.  The bill says payment is due in 30 days.  He felt that the Code Enforcement Office and the Tax Assessor were going to get valuable information from those maps.  It was up to the Board of Selectmen.   

Communications:
        Letter from Jean Harmon in regards to Greensward Hamlet.
        Update on the shoreland zoning ordinance.
        Letter from Jere to J.T. Lockman saying that they are going to do the mapping
        An e-mail from a company interested in helping with shoreland zoning
        E-mail from Caroline regarding a question she had
        Newsletter from SMRPC
        A copy of someone’s liability insurance – doesn’t know why
        A letter from the Town of Gorham updating the Board on Blueberry Ridge Subdivision.  They’re reviewing it so since the subdivision is in Buxton and Gorham, they’ve had one meeting in each place so will have a meeting some time in August to review this.  Jere thought they’d start their review once Gorham has reviewed.  There are questions from the Gorham Town Planner regarding this.  
        David mentioned that the new ordinances are in effect, are published and they’re available.  Keith mentioned they might want to get together for their questions before meeting with Gorham and stated he wasn’t going to do anything until he sees some action.  Jere thought that would be sometime in August.

Other Business
  • Review and sign findings of facts for the following:
        Aceto –
  • Motioned by Keith to accept the Findings of Fact for Tax Map 8, Lot 20A-35, seconded by David A.  4 in favor and 2 abstaining (David S and Emily)
        Krystal contacted H.A. Mapes – Jere that someone from the Buxton Historical Society wanted to come and speak this evening; and since he wasn’t on the agenda, Jere asked him to write a letter.  They’re still awaiting the okay from the historical societies so tabled this item.  Jere told Dan Riley that they’d move this to the August agenda.  Jere didn’t know if Dan was going to be here tonight so wasn’t prepared to hear the person from the historical society.  Jere got a phone call at 10 a.m. this morning, so thought it should wait until the August agenda.  The time frame is when the DEP approval comes through.  Jere has asked Krystal to forward any info from the historical societies to Sebago Technics along with an e-mail from a Planning Board member he’d received.

        Greensward Hamlet – David felt that now that they’ve received the letter from the Fire Chief, everything was in order.  Jere doesn’t see a date.  David knows that the letter was received after the last meeting.
  • David moved that they accept the Findings of Fact as written herein with the addition of the Deputy Chief Harmon’s letter (although not dated, was produced within the past two weeks), seconded by Harry.  3 in favor, Keith opposed, David S and Emily abstaining.
  • Election of Officers:
Chairman
  • Jere nominated Harry, who has been on the Board for four and one-half years, to be Chairman of the Planning Board, seconded by Keith.  5 voted in favor, Harry abstained.
              Vice Chairman
  • Harry nominated Jere Ross to be Vice-Chairman, seconded by David Anderson.  All voted in favor.
     Treasurer
  • Jere nominated David Anderson as Treasurer of the Planning Board since he’s here at Town Hall, seconded by David S.  5 voted in favor, David A. abstained.
              Secretary
  • Jere nominated Emily Walsh as secretary, seconded by Keith.  All voted in favor.  
  • Keith moved, David seconded, to adjourn the meeting at 8:21 p.m.  All voted in favor.  
Jere reminded everyone that there are no meetings in July.

Approval Date:  __________________


_________________________________                  _______________
    Harry Kavouksorian, Chairman               Signature Date