TOWN OF BUXTON PLANNING BOARD
Minutes of October 26, 2009
Recorded by Krystal Dyer
Board Members Present: David Savage, Sr., Jeremiah Ross, III, Keith Emery, Caroline Segalla and James Logan and David Anderson.
Board Members Absent: Harry Kavouksorian,
Others Present: Eric Pooler, Shanna Bartash, Rick Emery, Tammy Powell and Code Enforcement Officer, Fred Farnham
Chairman vice Chairman Jeremiah Ross, III called the October 26, 2009, meeting of the Buxton Planning Board to order at 7:00 p.m.
Pledge of Allegiance
Public Hearing for Rick & Chad Emery of 51 Mill Road who are requesting a minor subdivision amendment to Waterman Mill Estates Subdivision on Tax Map 3, Lot 24 and 24A.
- Motioned by Keith, seconded by Caroline to open the public hearing 6-0 vote
Mr. Emery stated that they moved the property line from one side of the driveway to the other enlarging Chad’s lot (lot 24A) from 4.8 to 5.2 acres. The Board did receive comments from the Town’s attorney, Bill Plouffe, on the deeds and he sees no problem with them as written. Caroline asked if the Board would receive a recorded copy of the deed and that the new book and page should be added to the findings of facts. It will be two to three months before the Town receives the deeds. Jim questions the acreage per lot on the Draft findings of facts, the proposed acreage will be corrected on the draft finding before the next meeting. Keith still questions if the plan will show the true hammerhead and if the driveway to Chad’s house is still coming off the end of the hammerhead?
The discussion from the site walk was if the Town owned the area by the hammerhead. The plan depicts the area with an “L” at the end of the paved part of Mill Road and from there it is gravel to the Emery’s property, where a hammerhead was added. If it ever becomes a town road, it will need to be deeded over to the town. Does the town physically have a ROW to the hammerhead? Currently the paved part of Mill Road is a Town road, which is maintained and plowed by the town. The gravel part is private and maintained by Mr. Emery. Jere said the question is whether the town physically has a ROW that makes a hammerhead on the property of Lenentine. Jere concluded that since there was no hammerhead than the driveway can come off the end of the “L”. Jim said the standard is applying to when creation of the hammerhead, not when it becomes a town road and feels it is grandfathered/lot of record. Jere asked for Fred’s opinion. Fred said it was a dead end road and it didn’t have a
hammerhead. Fred determined the subdivision goes to the “L” and not the hammerhead.
There were no butters, general public nor did the CEO have any further comments with the project.
- Caroline motioned to close the public hearing at 7:10, seconded by David A. The motion passes with a 6 – 0 vote.
Jere read the standard conditions of approval for subdivision:
- All elements and features of this plan 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 condition of approval. No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
- That the applicant be in compliance with all applicable provisions of Article 13.
- Notify Fire Chief within 72 hours before the fire tank is approved, (not applicable).
- All outstanding bills paid before building permit is issued.
There were no additional conditions:
- Caroline motioned, seconded by David A. that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 13. Having no discussion, the Board voted 5 to 1 the motion passed with Keith opposing.
- David A. motioned, seconded by Jere to approve the application with the conditions stated from this and other previous meetings. Having no discussion, the Board voted 5 to 1 the motion passed with Keith opposing.
Open public hearing for Daniel Daigle who has submitted an application to amend the Shirley May Roberts Subdivision by adding an additional lot at 97 Henry Hill Road; Tax Map 3, Lot 34-3-2.
- Motioned by Keith, seconded by Caroline to open the public hearing. The motion passed with a 6 – 0 vote.
Eric Pooler representing Mr. Daigle, stated he was here to rectify a problem that occurred several years ago when Mr. Daigle purchased a lot from Ms. Clark. It was inadvertently missed in the town records. Mr. Pooler wants to purchase the land and build a house. When it was sold to Mr. Daigle it added a lot to the existing Shirley May Roberts Subdivision.
A site walk was held on October 5, 2009, the only issue was the location of the fire tank. Mr. Pooler met with one of the homeowners on Henry Hill Road and Mr. Daigle met with another, the third lot was in the process of being sold and it would have taken too long for the closing and approval. The land owner at 103 Henry Hill Rd agreed to have on their property by the hammerhead. Mr. Pooler spoke with the fire Chief and he recommended it be within 1000 feet of the tarred road being Henry Hill Road and an inspection before they bury it. It will be a 10,000
gallon tank. The owner will give a 50 foot by 50 foot ROW. An easement to the town will be required before getting a certificate of occupancy or completed within the next two to three weeks. Jere requested a letter from fire chief stating his approval of the location of the fire tank.
Jim discussed a conflict of interest and stepping down due to another employee from his firm doing the soils work for this property. Jim thought that by virtue of his firm being involved, it could be considered a conflict. He didn’t do the work specifically, but his firm did. He would prevail upon the Board to allow him to sit upon this discussion. Caroline asked if he could be objective in the review tonight, Jim felt he could. The Board discussed and agreed that Jim would not have to step down.
Mr. Pooler will submit an application requesting a road name.
Caroline asked if the Board reviewed the waiver request at the last meeting. And the Board was going to conduct a site walk to determine what would be needed based on the condition of the site. The applicant requested waivers on the following; profiles and cross section, slope and five foot contours, hydrological assessment, erosion and sedimentation control plan, stormwater management plan, soil erosion, traffic conditions and preservation of natural beauty and ascetics.
Jere asked the Board if they want to waive the previous list.
test pits should be located on the plan. Erosion and sedimentation control plan? Fred said the sensitive areas would be taken care of with a silt fence and standard erosion control. Jim read a statement on the plan and feels they should at lease submit a letter indicating they will follow the “Best Management Practices”. The roads, Mr. Pooler said they do have to take pictures of the culvert for the “Permit by Rule” and send to DEP. Caroline suggested submitting a calendar/timeline of how and when each is going to be done and include a road construction and road profile. The Highway Director will be on site for inspections of the road. Mr. Pooler had submitted the topo plan from the original subdivision. Stormwater management plan - is not
needed. Flood hazard – Fred said the land is not in the flood zone. Soil erosion BMP – Fred and Highway Dept. will inspect the culvert during construction. Traffic – Jere said that one single family dwelling will not create undue traffic. Preservation and aesthetics - not needed.
Keith said the road has to be built to town standards minus the pavement. Road standard in section 10.1 states fifteen (15) feet for the entire length of the road including its most distant terminus if serving two dwelling units. He does not need a full road plan but should include the existing roadway and the upgrade. The Board requested a note be placed on the application to “see submission”. The Board agreed a Hydrological study is not needed.
There were no comments from any abutters or from the general public. The Code Enforcement Officer had no further questions or comments either.
Motioned by Jere, seconded by Keith to close the public hearing, the vote was unanimous.
Standard condition s of approval:
- All elements and features of the plan 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 condition of approval. No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
- That the applicant be in compliance with all applicable provisions of Article 13.
- Notify Fire Chief within 72 hours before the fire tank is approved, (not applicable).
- All outstanding bills paid before building permit is issued.
Additional Conditions:
- Schedule for erosion and sedimentation.
- Road built to town standards of Section 10.1 and approved by the Public Works Department.
- Letter from fire chief approving the location of fire tank.
- Easement deed from abutting land owner to the Town of Buxton for the fire tank.
- Road name approved.
No bond is required and the occupancy permit will not be approved until tank is in.
Submit a revised plan for the November 9th meeting and coordinate with public works for the road inspections.
Coordinate with Fire Chief for the fire tank. Sign off from the road commissioner for the file.
- Motioned by Keith, seconded by David A. that based on previous discussions, we find the application to be in compliance with all applicable provisions of Articles 13. Having no discussion, the motion passed with a 6 to 0 vote.
- Motioned by Keith, seconded by David A. to approve the application with the conditions stated from this and any other previous meetings. Having no discussion, the motion passed with a 6 to 0 vote.
There was some discussion on whether to sign the plan tonight. The test pit location and the Fire tank should be on the new plan.
Normand Berube Builders, inc. are proposing an 8-lot cluster subdivision, located off Portland Road; Tax Map 9, Lot18A-1.
Bill Thompson of BH2M presented the plan for Sunset Ridge Subdivision for Normand Berube Builders, Inc located at the intersection of Portland Road and Long Plains Road. This will be an 8-lot cluster subdivision on just over 30-acres of land, leaving 22-acres for open space. The access road will be off Portland road will be 850 feet long with a “T” shaped turn-a-round to the right side. Each lot is just over 40,000 sq ft each of upland area. Last meeting there was discussion on the identification of the corner lot. It was determined by the town attorney that it is not part or the subdivision, but is considered an abutter. Each lot will have drilled wells and onsite septic with two test pits per lot. Underground utilities will be used. We did check with
the Fire chief for the location of the fire tank and he suggested a different vent on the tank. The Public Works Director, David Pinkham said the road does comply with the town standards, but did ask to review for a through roadway. Mr. Thompson said they would rather not, due to the traffic using the road as a cut through would make it a less safe road for children. It would mean another 250 feet of pavement and in trying to make the area more “green” and trying not to blacken any more than needs to be. The submitted plan meets the ordinance and creates a safe turn-a-round meeting all the town standards. The site distance is better on Portland Road and Fire and Police Department are on Portland Road. The intent of the subdivision was to create a neighborhood not a through way. The following was submitted with the application: Entrance permit , USGS maps, there not located in a flood zone or over an aquifer.
Vernal pool assessment has been done by Mark Hampton Associates stating there are no vernal pools. The wetland mapping is on sheet 1 & 2. Soil narrative report with test pits, traffic generation letter – eight trips per day, stormwater report and will need a DEP permit by rule and Items 8, 10, 11 and 13. The road name is in conflict so will be submitting a new suggestion soon. Ready for site walk and peer review.
The Fire chief would like access to enter from both roads. Submission in October packets with cover letter submitted DOT permit. USGS maps, not in flood map, or over an aquifer or vernal pools, two test pits on each lot – traffic generation letter 8 trips per more in the afternoon. The storm water report is complete. DEP permit by rule will be submitted shortly. Road name is still in the works, would like a site walk and support a project review from outside consultant.
Keith – the road needs to go through – added expense for the tax payers and cost to the taxpayers when plowing. Keith does not see this as an issue with the speed limit of 25mph. Keith also has a concern with the neighbors when blasting ledge for foundations. Mr. Thompson had a previous discussion with Mr. Berube and they would follow the normal blasting procedures. They may entertain 55 and older with slabs only - no basements.
Jim – letter from mark Hampton 8-31-09 does meet the definition for wetland significance and it can affect the project, but creates an adjacency issue that other wetlands would not have. Jim believes it is a 75-foot setback from the wetland of special significance to a building site. , if they can’t meet this they must apply for a permit by rule for a provision to reduce the setback down to 25 feet. They may want to check with Mike Mullen of DEP. Mr. Thompson will have DEP’s response with a letter. It would impact lots 2 and 3. The existing letter does not say it’s more than 20,000. Jim is also concerned with the septic locations and the wells, which are on the down slope. The minimum of 100 ft suggested may not be enough – the
applicant is requesting a waiver for the hydrogeologic plan. Jim would like to see a hydrogeologic assessment to indicate the flow from the septic plan. The ledge makes the septic very shallow and would flow towards the wells. David would prefer to see a hydrogeologic assessment, but if they meet the state standards he don’t see an issue. This could affect the existing homes off Portland Road also. The majority of the Board voted for the applicant to perform and submit a hydrogeologic assessment.
Caroline – would like written permission from Darcy Pierce of sales agreement with Berube. Caroline would like conformation of the differences of acreages on parcels. Traffic access could be a potential for cut through. Caroline would not like to see the road go through. Pre existing conditions for storm water calculations – She did not see the pre-development calculations. Clarify with pre and post development calculations. The drainage easements on lots 1 and 4 will be maintained through the Home Owners Association (HOA). “No parking” Signage for fire tank. Is the setback for rear of the building envelope smaller than the sides? Mr. Thompson said the side is conventional at 30-feet and the rear is reduced to 15 feet. In thinking “Green”, have you considered shared driveways? Will the open space be open to general public? Mr. Thompson said the intended use is for a walking path, maintained by the HOA. Lot 4, sheet 5, note 10 “Discharge not permitted with in 25’ of a
stream or wetland” – Mr. Thompson will check on this. Keith checked with Greg at the Transfer Station whether the subdivision would have any effect on trash pickup. His answer was no the town is under on tonnage amounts, so there is no problem. An easement will be submitted to the town for the fire tank. Caroline asked how large the Trees are between lots 7 & 6. She would recommend keeping them as a buffer. The trees are not shown on the plan, but are on the road profile plan. Caroline would like them reference or added to the plan.
Road discussion –David A. – the road would be safer with a turn-a-round. A through way would take away from family orientation of the subdivision and be open to other potential abuses. He is in favor to leave it as proposed. Caroline’s – the concern is with the potential for a cut through and since Fire and Emergency protection is on Portland Road, she would leave it as is. Jim – originally when the plan was first presented had considered having the road go through, but have driven by many times and has reconsidered and agrees with the way it is set up. Rare is the occasion for the traffic to be backed up that far on Portland Road and the cars are traveling 50 mph on Long Plains Road. Jere – have any calculations if this was introduced as a
conventional subdivision. The numbers to support 8-lots have been done, but no conventional subdivision layout. Jere agrees the knoll on Long Plains Road would be a dangerous entrance. Keith – the department head does recommend a through street. There may be a need to change the ordinance. The Groveville and Chicopee Fire Departments will come down Long Plains Road. The fire hydrant is a paved apron. The applicant will check with the post office for mailbox suggestions. David S. - would not want the road to go through if he lived there. The majority is okay with the road as proposed. Send to SMRPC for review.
There was some discussion on whether to send the plan to SMRPC? Krystal will assemble a list of engineering peer reviewers for the Board to utilize. Jim questions the high intensity map and recommends having the state soils scientist review the plan. They will make a determination after the site walk whether the Board wants to sent the State soils scientist for review -
- Motioned by Keith, seconded by Caroline to schedule a site walk for Friday, October 30th at 5 p.m. Does the Board need any further information – wear boots! A unanimous vote.
CEO Report:
Fred had no report this evening.
Approval of Minutes:
Minutes of 10/12/09 – Motioned by Jim to accept the minutes of October 12, 2009, seconded by Jere The motioned passed with a 3 – 0 - 3 vote, with Keith, Caroline and David A. abstaining.
Approval of Bills: none.
Communications:
~Shoreland Zoning Newsletter
~Site location permit, NRPA wetland permit, Tier one alteration permit for Blueberry Ridge - contact Gorham for final
approval meeting, to be held here.
~Contact JT with Caroline’s mark-ups and then schedule workshop
~Land use books – order 2 new books
~ Photo submitted by Highway Director - of Pleasant Ridge
~United Way
~Road name change request for Sunrise Ridge, from Fire Chief
~LID - Low impact Design for Maine’s climate – Dec 2, Portland (see Jere if interested).
~Maine Townsman - October issue
Board of Appeals meeting – November 3, 2009
Other Business:
Review findings of facts for the following:
Annah-Joy & Gregory Brunk –
- Caroline motioned to approve the findings of facts for Annah-Joy & Gregory Brunk at 460 Parker Farm Road, Buxton, ME. 04093, Tax Map 1, Lot 134 with correction to change item #19 from 7 am – 6pm to 8 am - 5 pm, seconded by Jim, with was no further discussion, the motion passed with a 6 – 0 vote.
- Daniel & Jennifer Jackson - Motioned by Keith, seconded by Jim, having no discussion, the motion passed with a 6 – 0 vote.
- Pinkham Subdivision #3 – Motioned by Caroline, seconded by Keith 6-0
Review proposed Shoreland Ordinance Changes, Map and Zoning Map.
- The Board will need another meeting with J.T. Lockman and the attorney. They are waiting for J.T. to return info to Caroline.
- Motioned by Keith, seconded by David S., that the meeting be adjourned at 9:04 p.m. Unanimous voted in favor.
Approval Date: _11/9/09_____
_________________________________ _______________
Harry Kavouksorian, Chairman Signature Date
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