Town of Buxton Planning Board
Minutes of
Monday, January 12, 2009 at 7 pm
Recorded by Hilda Lynch
Board Members Present: David Savage, Sr.; Jeremiah Ross, III; Keith Emery; Harry Kavouksorian; James Logan; Caroline Segalla; and David Anderson
Board Members Absent: None
Others Present: Bill Thompson, Patsy Leavitt, Fred Farnham, Stephen P. Anthony, Kelly Weymouth
Public Hearing for: Patricia Leavitt of Access Health, Inc. who is requesting to relocate the existing Leavitt’s Mill Free Health Center to 63 Main Street; Tax Map 13, Lot 5.
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Chairman Harry Kavouksorian called the January 12, 2008, meeting of the Buxton Planning Board together at 7:01. The Board has accepted Emily Walsh’s resignation. Harry stated that they would begin opening each meeting with the Pledge of Allegiance starting with the next meeting once the Board members familiarize themselves with the text.
Public Hearing for Patricia Leavitt
Motioned by Jere, seconded by Keith, to open the public hearing. All voted in favor.
Patsy Thompson Leavitt, Executive Director for the Leavitt’s Mill Free Health Center spoke about the center, which is currently located on Rt. 202, Narragansett Trail. They’ve gone through the process of re-locating the clinic to Main Street in Bar Mills. They’ve taken care of over 900 people from the area in the last five years. They’ve gone through the process of applying for a re-location. They’ve had a site visit and are looking to answer any questions.
David S asked about the lighting. Patsy responded that the landlord would be replacing the fixture in front so it will be adequate, but there will be no additional lighting. David asked if there’s any progress on the handicapped ramp. Patsy said that it hasn’t been done yet, but they’ve piled up the snow so it won’t freeze too much before they get ready to put it in. It’s in the works in the next week or two.
Harry spoke about the lighting not impacting the area. He welcomes Caroline Segalla back, who is taking over the position vacated by Emily Walsh. She’ll be with the Board until June. Caroline wasn’t here for prior information so will just listen in. Harry asked if any abutters or members of the public were present with questions or concerns. He also asked Fred if he had any questions or concerns.
Motioned by David A, seconded by Keith, to close the public hearing. Six in favor; Caroline Segalla abstaining.
Harry 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 8.2.B & 10.
3. That the applicant be in compliance with all applicable provisions of Section 11 (if applicable).
4. All outstanding bills paid before building permit is issued.
5. Any others - none.
Motioned by Keith, seconded by Harry, that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 8.2.B, 10 & Section 11 (if applicable). Six in favor; Caroline Segalla abstaining.
Motioned by Jere, seconded by Keith, to approve the application with the conditions stated and from previous meetings. Six in favor; Caroline Segalla abstaining.
Jere asked for a brief review of their services. Patsy stated that they are a lot like a regular doctor’s office except that the people they serve can’t have insurance. Their number is 929-6455. People can make an appt. They are all volunteers, approximately 30, who serve the patients there. They have staff usually Tuesday through Saturday. They’re planning to move early in or the middle of March. They’re doing some renovations. They’re going to have triple the space. This will allow them to expand their services. They have a lot of students doing internships, so they can have more of them working at the center with patients under supervision. Besides medical and nursing, they also
have dental hygiene and physical therapy on site. Jere mentioned that the new location is on Route 4 in Bar Mills next to the Bar Mills Post Office. Patsy stated that they’d be in the old Saco River Telephone building.
Patricia Leavitt of PMT Properties, LLC is requesting to expand the existing Business/ Commercial Zone back to the property line of Tax Map 8, Lot 20A.
Patricia Leavitt spoke about the above. She has a large version of a new drawing. She will get it to the Board in a smaller version. She would like to seek advice as far as how to proceed with this zone expansion. In her other life, she is a teacher at St. Joseph’s College so has prepared a visual. She believes the Board has a rough sketch in a small version. She shows on the map the area being considered and shows with a colored overlay the area in the rural zone. To lay the groundwork, 22 years ago she came to Buxton with a family. They came here thinking it was a great town; there was lots of business going on. There are working people here. Over and over, she hears about people wanting to have a decent job
and, of course, health insurance. Her idea is to try to encourage some careful development in this area. Where there are already a number of businesses functioning in this area, she shows a list of the people having businesses along Route 202. She would like to increase the tax base. She illustrates the changes she would like to see in the zoning by the colors she places on the map. She shows the lot in pink that she has a deposit on. The people who have businesses there are in the commercial and rural zone. She shows where the zone would be expanded on the map. There are a number of homes on Partridge and Pheasant Streets next to the lot she describes. She is interested in the Board’s advice. They’ve talked before about the procedures, and she is aware that it might be necessary to go to a petition.
Jere asked about the property she has a deposit on being commercial in the front. Yes, part of it is and part of the lot is rural. Jere clarified the boundaries of the business/commercial zone being from the western side of Justin Merrill Rd to the eastern edge of the Atkinson Rd. a thousand feet in. David S asked for a clarification on the location of a driveway. She shows where it would be. The DOT told them where it should be. It isn’t quite across from the Waterman Rd. Jere asked if there was a depression there where they’re considering putting the road in. Jim mentioned that she’s said in previous meetings that she would give them some conceptual information. She asked the DEP to come in, and
they’ve come in for a site visit—field determination. This was on 12/18/08. They made recommendations in terms of what point the permitting process would be started. On the permit, Harry says they list her as the owner of the properties. She says she’s under contract but does not have the deed yet. Jim wanted to know if the land was actually suitable for building. She says Sebago Technics has gone in and done some work. Jim asked if she would be submitting this. Keith says that all they need is the dimensions of the lot in order to change the zone. Jim would like to know whether she, as the buyer of the property, has the information that would make it sensible to request a zone change. Keith says the dimensions are all they need. Jere says he would like to see at least a memo from the existing owner saying they support this since she isn’t the existing owner. He doesn’t think they
can do anything without that. He would like a letter from the existing owner. Patsy says that they do anticipate closure within two weeks, so they could come back then. She had a sense that timing might be a little tight before the holidays when they spoke. Caroline mentions that there is shoreland zone, abutters there, and that they should look at the impact for the overall community and neighborhood. She thinks they should gather as much info as possible so people will understand before they go to vote. She mentions sewer and water and the proximity to the Gorham line. Patsy stated that they’ve assumed no water and no sewage when looking at the concept. Caroline mentioned that sewer could be extended under certain conditions.
Jere asked if David had a copy of the timetable for events prior to voting and town meeting. He thinks a public hearing needs to be done by May 25th. He asks if there’s a cutoff date earlier than that for petitions? David A says they have to have petitions by May 22nd if they’re going to put the zone change on the ballot by petition. They would have to have 10 percent of the voters of the last gubernatorial election—about 314 - 320. Patsy asked if that were going to be a second option. Jere says that if the Board votes for the zone change, the Board would put it on the ballot and have a public hearing. If they don’t, Patsy would have to do a petition and have it in by May 22nd.
Jere thinks that the thing that is important is that if they change the zone by this lot, the way it will read in the zoning books is the footage of her lot. She asked about the extension of the lots. Jere asked if they would have to hear from the abutters, and Caroline asked if they could seek advice from the Town counsel. Jere mentions that they have a number of businesses supporting this. Patsy mentioned that the commercial abutters are supportive and believes they would be willing to come and speak to it. Jim asked if she had any sense of what the acreage was that would provide a buffer. She wasn’t sure. Keith says the lot doesn’t have to be five acres. The zone can go through it. Jim thinks that it could be
difficult to use as the rest of the parcel. Keith says you’d take whatever 51 percent of the lot is to determine the zone. David states that this is historical and asks why the Town approved a commercial zone 1,000 ft. back from Rt. 202. He’d have a few other questions based on that answer.
Jere said that the Board felt in the past that instead of zoning properties along property lines, the Board felt they’d have a setback zone 1,000 ft back from Rt. 202. It would be a square/rectangle to make it easier for Fred. They tried to get away from this kind of spot zoning. Fred says the zone is 500 ft. back. Jere says that this is what was done for other businesses in the area.
David A understands what they were trying to achieve from an equity standpoint but thinks that now it creates potential spot zoning. He would think the property/lot lines would be the edge of the zone. Jim thinks that it is inevitable to think about the zone being deeper than 500 ft. Caroline says that there are residences there now. Jere says that the Board has thought that they could zone Rt. 202 from Gorham to Hollis the same, and Buxton would be like North Windham. He says that the Board’s thought was to zone commercial areas in spots to break up the strip from Gorham to Hollis. There is a ton of commercial land for sale along this route now. Because people feel they don’t want to pay the prices for this land, then
people push the Planning Board to change the zoning. He says it has happened repeatedly since he’s been on the Board. Caroline says that they should be proactive and not reactive to these things but plan ahead. Jim backs Jere up from his work on the Comprehensive Plan—not letting the whole area of Rt. 202 become commercial. Keith asks where the best place is to keep the tractor and trailers? Caroline says that we already have an industrial park that can be expanded and worked on. Jere thinks there is plenty of commercial space that can be developed in the Town to add to the tax base. Are we going to just expand as we go and not develop the space that is already there? Keith says that if you can’t buy it because the owner doesn’t want to sell it, then this creates a problem. Caroline wonders if the trees would be removed from the lot that is currently filled with trees. Jere mentions a piece across
from Hannaford. Harry stated that he believes that the land under discussion has been pretty seriously clear-cut. This is the information that David A stated that he needed to hear.
Patsy says that it is helpful for her to know what the big picture was. She thinks that when you look at things like this, there can be a different view. Harry put on the table that this is a business venture for Patsy for which she could expect a profit. Jere agrees that in this circumstance, the area from Justin Merrill to Atkinson that is 500 ft. deep is commercial so you could increase the area in the back. He thinks that technically it is spot zoning for one owner. Harry mentioned that this is one person coming forth with letters of support. Jim thinks it is a good idea from the prospect of development. He’s open-minded as is Jere. He wants to see that they’re not re-zoning a lot of marginal property, which will
be difficult to build on. He thinks this could potentially be another business/industrial park. Jere asks if the road would be a Town road or private. She says it would be set up to Town specs. It would be prepared to be public. So far, she’s been satisfied by the survey and determination team that what they have there is viable. Jim asks if they’ve done a wetland delineation. She says it has been partially done. He says it would be helpful to him to see an inventory of the land. She wouldn’t want to do the zoning change if she didn’t think the land wasn’t viable. She wanted to pick up on the business owners who’ve sent in supportive letters. Is it a recommendation that they jointly ask for this? Harry clarified getting legal advice about her not being the owner of record at this time. To alleviate the appearance of spot zoning, she would need to bring the other people
in. Patsy asked about the process. Jere thinks they’ve taken comments from abutters in the past regarding a zone change. Keith mentions that the description is going to show that the other lots have been changed. She wouldn’t expect any action yet.
Patsy wants to know how this should go. She’s not a developer or engineer. David A asked if she’s going to ask to break up the land into separate lots. She said that this is one of the things that could be done. The DOT has determined where an entrance needs to be. She’s showing the potential: there could be several businesses. Caroline says that it would be nice to work with Ms. Leavitt on it if the Board is supportive. She thinks the others could be brought in for a discussion. They can look at the overall picture to work with everyone. Caroline wants to look into the public water/sewer. Keith doesn’t think they will see public sewer or water down Rt. 202. David S mentioned the
last time she was here she talked about a survey being done. She says the boundary survey has been done. The engineers have partially looked at wetlands. Jere says that regardless how the Board feels that it will go to the voters. Any future development larger than 2,000 sq. ft. would have to come before the Planning Board anyway, and they would be subject to the same review as any use. Patsy asked what should be done next, and Harry asked the Board about it. The Planning Board members thought they should seek legal counsel. She will keep Fred updated to the status of things. Jere asked how to include the abutters? Would they need to submit something official or would a letter suffice. If the Board voted to put it on the ballot, there would be a public hearing. He wonders how much input they’d need from abutters since their property would be re-zoned, too. Keith thought they should have a notarized letter
plus having them come to the hearing. Jere would like to see a detailed plan of the property – footage, delineations, topography, elevations, wetlands, property lines, etc. They’ll reach a point where the Board will have to vote on it, and they should do it fairly soon. Keith thought they should do it by the first of February. She asked if she could be made aware of advice from Town Counsel. They said that they’d have Krystal advise her when they hear from Town counsel. She says she knows it is a business venture but thinks it will be good for others besides her.
Stephen Anthony asked if he could speak about this. Board members clarified that this wasn’t a public hearing. Jere suggested that he put things in writing for the Board. He wanted to know if this is a common practice for the Board to bypass the public process. Harry explains that the Board can recommend or not possible zoning changes to go on the warrant. The applicant has the option to go out to petition. Stephen wanted to know if they were going to seek legal counsel for information that the applicant should be seeking legal counsel on. Harry clarified that they needed to ask about whether there is anything they could do if the applicant doesn’t currently own the property. Stephen mentions that they would need a
letter from the owner giving right title of interest. It says that the person can represent this cause. Stephen was concerned that the Board might be doing someone else’s homework. Jim clarified that they were finding out whether the Board was acting appropriately.
Discussion from site walk Normand Berube Builders, Inc. proposal for a proposed 8-lot subdivision on Paucek Road; Tax Map 8, Lot 40A.
The site walk was held on December 21st. Bill mentioned that they followed the existing road that goes in to the property now. Lot 8 test pits hadn’t been done; two more tests had been done on Lot 1. This allowed their soil scientist to complete the density soil survey. It didn’t change the outcome of the project. Coming in off the present roadway, they would provide the eight lots with wells and septics. They have about 15 acres of open space of the 24-acre site. The site is pretty much open field. They discussed the request of a waiver of the nitrate study. He doesn’t believe they fall in the category of being required to do this. They talked about a location of a fire tank. He
would need to talk with the Fire Chief on that. They have the road design, and the engineering is done except for the storm water report. The next submission would be the complete storm water report and the road engineering.
David A says he thought it was nice property, perfect for three or four houses – a personal preference. Harry asked if he was satisfied with the density calculations, and David says he was. He thought the only issue was the initial waters of Stroudwater being the headwater. His concerns were satisfied. He believes there’s going to be plenty of room. It is not a specific shore land zone. Jim mentions that they have confirmation from Fred. The stream would have a 75 ft. setback for DEP, which they can more than meet. Keeping the road where it is protects the wetlands.
Caroline asked about the site plan – things that were missing – location of any driveways. Is there any plan to share driveways? Bill says they’re planning on each house having its own driveway. There are no environmental issues. They’re looking at a little village with small houses and short driveways. Harry says the only question came up on the hammerhead – lot 6, the driveway would occur in the curve. Bill says the goal is not to have a driveway come off the end of hammerhead. Caroline asked if they’re going to have this on the site plan? She asked for the calculations for wetland impacts on the plan. Bill explains that there is 265 sq. ft. of wetland impact—non stream. She
thought it would be great to have this included on the plan—also any impervious calculations as well. She asked about the paved roadway? Bill said this would be part of the storm water report. She asked about overhead and underground utilities. Bill plans to use the overhead power for Lot 1 but go underground for the other lots. Caroline asked to have a note on the plan. Bill mentions Item 14. If the Board wants all lots served by underground, Bill says they could do that. Caroline thought that if it were possible, it would be great. She asked about snow storage? Bill mentions a little accumulation on the turnaround – it would come off the end of the road. She thought Lot 8 should be shifted down and Lot 1 should be moved up. Lot 4 could be moved for a cul-de-sac. Jim mentioned that there was a major swale through it that they considered previously. This plan has been revised. Caroline
asked Fred about the portion of the lot on the westerly side falling on an aquifer. Can they waive the nitrate study because there’s no building going on the aquifer? Do they have to ask for a hydrogeologic survey? Jim didn’t feel too concerned about it provided they provide well exclusion zones. Caroline asked about the water table being high. Jim says there’s a bit of sand separated by the wetland. He pointed out the soils, and they agreed that it wouldn’t be necessary if a building weren’t going to be placed there. Caroline asked about cross sections of the roadway on the plan, and Bill said there would be. She says the Board could require a landscaping plan. She wants to know if the big trees there could be retained. She says they could require trees every 50 ft. Bill would like to see a lot of the mature trees protected. If the Board wants to go in that direction, he
thinks this would make it nicer because it is open field. She would be in support of including this. Harry thought they could include it as a condition. Caroline asked if they needed to apply for a flood zone permit, and Fred says no. She asked about erosion and sedimentation, and Bill says that’s been done. She asked if there was going to be a lighting plan. Bill says they won’t have streetlights but each home would have a driveway light. They would keep it private. She asked if there was going to be passive recreation. Bill says that the open space will be available for the homeowners’ use. She asked if they needed to get anything historic because of the Mustard House? Jere doesn’t think the house is on the list of the national register. They’d like the applicant to write a letter to the Buxton-Hollis Historical Society to get their imput. Jere asked if this were going to
be a Town road, and Bill said it would be. Caroline asked about trash pickup. Jere points out something he saw in the application. It stays private in the event the town doesn’t approve it. Jere says an accepted road would get curbside pickup automatically.
Jim had asked for a better definition for the calculations for net residential. He asked about the slopes. He found where it was printed on the plan. That’s 354. He’s looking at 7.08—the .08 lot area is 3,480 ft., and there is not a lot of room for error. Jim wanted clarification from BH2M on the lot.
They calculated 49,303 for the road. Jim asked if they took out the full 50 ft. for the right of way. This is the part that is not calculated. He’s looking for the calculations on the road and referred to the ordinances. Bill says they could provide this. Jim thought that their ordinance states that a note be put on the plan that the open space is not intended for future building. He referred to 11.6.C.2.a. Jim says in 11.6.B.13 it says that wells will be provided by the developer – it might be enhanced to say private wells provided by the developer (not a concern of Mr. Thompson). Jim asks for Fred’s recollection of past practice on the wells. Jim wants to know if the builder knows he’s going to be selling the lots with wells on them. Bill
believes he does but he will clarify. Our ordinance requires only 33 percent slopes and grades. Jim would like to see it be changed to about 20 percent—not for Bill Thompson’s concern this evening.
Jere did not attend the site walk but walked the property when it went up for auction. He is confident that the up area is pretty much the high ground. He asked if an application for the road name has been submitted. Do they have a performance bond for the construction of the road? Do they have the homeowner’s association documents? Bill says they’ll have it in the next submission. Jere believes there would be a note on the plan that all the open space is owned by the association or each owner has an eighth share. Bill asked if they wanted it calculated as owned equally or assessing it separately. Jere clarified the need to have deeded space handed to the owner, and this would be spelled out on the plan. Bill
says he knows they’ve talked about it before, and they’ll develop a note and have it in the homeowner’s docs. Fred says it should be referenced in the deed. Bill says they could provide a sample deed. Jere asked if the Board has received copies of the homeowners’ docs, and should they be reviewed by Town counsel? Harry thinks they probably should be. Jere is thinking about a previous situation where the developer didn’t transfer the rights of the open space to the homeowners. Each homeowner would get a tax bill for 1/8 of the property. Harry asked if it is assessed differently. Caroline said she assumed it would be. David S asked if the wetland would be assessed the same as the dry land. Board members agreed that it wasn’t their purview. Fred explained that they would figure the whole amount and divide it up. Jere asked about them using the existing road and the test pits. Bill says they’ll have to build the grade up. Jere asked if they would check with the Public
Works Director and get a signoff from him. Bill said that they were going to test it.
Harry asked if Bill was going to bring them a new plan with notes asked for, a road design, storm water survey, performance bond, homeowners association documents, letters, and places for wells. Caroline asked about a letter from Inland Fisheries and Wildlife, which was mentioned in the application. Bill doesn’t believe this project required it. Caroline asked about sprinkling or a fire tank. Bill says the property will have a fire tank. Caroline asked about peer review. Jere says they were going to send it to SMRPC but thought they’d wait until they have more information. Harry stated that as soon as Bill got the information to Krystal, they would discuss it further.
CEO Report:
No report
Approval of Minutes: December 8, 2008 – Motioned by Keith, seconded by David S, to accept the minutes as written. Six in favor; Caroline Segalla abstaining.
Re-submit Workshop of 11/17/08 – Harry thought these minutes still needed some work so he would make changes and bring them back.
Approval of Bills: Southern Maine Regional Planning Commission in the amount of $600.00 for the State-mandated updates to the Shore land Zoning.
David A mentioned the above bill was from 12-15 to 12-19-08 where SMRPC worked on the plan. What they’ve done is started to bill on a piecemeal basis as they continue to work hours, so they’re billing as they go. It is for the shoreland zoning. Jim asks if there is any sense of completion. David thought they were nearing completion before but thinks that now they are close. Jim asks about a narrative being submitted, and David A says they haven’t received it yet.
Jim motioned, seconded by Jere, to pay the $600 to the SMRPC for the State- mandated update to the shoreland zoning map. All voted in favor.
Communications:
List of dates by when petitions have to be filed, things can get onto the warrant for the June ballot, a list of openings for various town offices.
Vernal pool workshop – Jim will attend on Feb. 6th and report back to the Board. Keith says they’ll pick up the cost if Jim goes. Jere asked that he bring the treasurer a receipt. Jim says he thinks his boss will cover the cost.
Maine Townsman
Other Business:
None
Discussion of proposed ordinance changes:
Kennels
Windmills
Others
Harry asked if there were any discussions this evening. David S wonders if they should make any changes to Town ordinances on kennels until the State makes their changes – based on a newspaper article they received. Jim thinks they are going to work on ordinances for commercial ventures but not for someone who has six pets. He doesn’t think the State will call it a kennel if a person has six or more pet dogs because there are no commercial interests. This might make enough distinction for the town. David says that it looks like the cost of the license is going up. Jere thinks the key is the access for the Animal Control Officer (ACO). It takes a lot of proof and evidence in order to obtain a search warrant. Jere
thinks it took the police dept. quite awhile to convince a judge to give a search warrant in a recent situation. Jim asked what the consensus is. Harry thinks the consensus is that they do need to make a distinction. Jim thinks they would still have a reference to both types of kennels. People might not have to be compelled to do anything more than license their dogs. Harry thinks it might be wise to wait. Jere thinks it is cheaper to register dogs as a kennel. Jim thinks people might want to be able to make a choice. David S thinks they should eliminate the paved dog run for private ownership of dogs. Jere thinks they should develop something to cover people who have their own dogs. Jere thinks that people having more than six dogs should still be regulated. Jim thinks they still need to have something clarified. Jere gave an example of someone having 20 dogs next door as pets, so he thinks there should be
some kind of regulation. Keith says it gives the ACO a chance to inspect. The current ACO is willing to come in and speak with the Planning Board. Jim would like to have a single meeting to work on ordinance changes. He doesn’t think they ever give this the attention they should. Jere wonders about an extra Monday meeting.
Jim motioned, Caroline seconded, that the Planning Board have a workshop on February 2, 2009, to look at ordinance revisions at 6:30 p.m. This would be aimed at all ordinances. All voted in favor.
Motioned by Caroline, seconded by Jere, to adjourn the meeting at 8:44 p.m. All voted in favor.
Approval Date: ______2/26/09____________
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Harry Kavouksorian, Chairman Signature Date
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