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Planning Board Minutes 08/22/2011
Town of Buxton Planning Board
Minutes         
        
August 22, 2011 at 7 pm
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Recorded by Hilda Lynch

Board Members Present:  John Vedral; David Savage, Sr.; Jeremiah Ross, III; Harry Kavouksorian; Sue Schaller; David Anderson

Board Members Absent:  James Logan  

Others Present:  Henry Huntley, Cheryl Huntley, Belinda & Abbie St. Pierre, Dylan Elderkin, Fred Farnham, Brad Perkins, Cliff Thomas    

Chairman Harry Kavouksorian called the August 22, 2011, meeting of the Buxton Planning Board together at 7:01 p.m.

Pledge of allegiance

Review of Belinda St. Pierre’s site walk for a Conditional Use Permit for Animal Husbandry to house one horse at 32 Line Road; Tax Map 2, Lot 35-1.
        Harry stated that they did not receive the drawing or map.  Belinda said she provided the measurements.  Harry stated that they needed to have a lot map showing where the building, well and other things are located.  Harry stated that this discussion of the site walk will be continued at the next meeting.  Jere clarified what they wanted on the map.  Belinda questioned where she would get the map and was told that she could get it at the Code Enforcement office.  Jere clarified what she needed to draw on the map.  
        Sue recommended adding “at least” to every quarter - for manure removal.  She thought some grading of the site might be necessary, for the concrete pad and fencing.  10.10 - Sue mentioned that they have a collection of snowmobiles and wanted to know if they had any bearing on the application.  Harry doesn’t think it applies.  Sue questioned the runoff with the sandy property.  
        David S asked about the revision on the times that the manure would be removed.  Sue suggested adding “at least” once a quarter.  David S asked if she would have enough storage for that length of time.  Sue thought the concrete pad would allow enough space.
        Jere mentioned that Krystal will be back in a week if she needs any assistance.
        

Re-schedule site walk for Normand Berube Builders of Saco for a 10-lot cluster subdivision proposal.  The proposed is for a parcel of land between Portland and Broadturn Roads, Tax Map 9, lot 15.

  • Motioned by Harry, seconded by Jere, to hold a site walk for the above on Friday, August 26, 2011, at 6 p.m.   All voted in favor.
  • Jere motioned, seconded by Harry, to have an alternate date of Saturday, August 27, 2011, at 9 a.m. for the above site walk.  All voted in favor.
CEO Report:
        None.  

Approval of Minutes:
                May 9, 2011
  • Motioned by Jere, seconded by Sue, to approve these minutes as amended.  Five voted in favor; John abstaining.
                June 13, 2011
  • Motioned by Jere, seconded by David S, to accept these minutes as written.  Five voted in favor; John abstaining.
                June 27, 2011 - Done at previous meeting
                Aug. 8, 2011
  • Motioned by David S, seconded by Sue, to accept the minutes of the above meeting as written.  Seven voted in favor.
Approval of Bills:
        None

Communications:
~Letter from Fred and Findings regarding the Can Do Driving School discussed at the last meeting.  
~Letter from Jan Hill of the Buxton-Hollis Historical Society regarding the historical significance of the  
  Fogg Brook Estates subdivision.  No issues of historical significance.
~Letter (from DEP) with notes from Cliff Thomas regarding the change of 300’ to 250’ of the shoreland
  zone.  He discussed the tributary streams as being maintained at 250’.  As the Board looks at future  
  changes, they may want to consider this information - as well as the forested wetlands.  
Jere asked if the DEP is saying that the tributaries are 250’.  Harry clarified what they were saying about the tributaries of Bonny Eagle Pond and the Saco River.  The question on the secret ballot was to remove these tributaries from the 250’ shoreland zone.  Harry has been trying to contact Mike Morse.  Jere says that the way the ordinance is written, they’ve stated that it says “the minimum.”  He believes they need clarification from DEP.  Sue said that the definition does not include streams.  The tributaries of Bonny Eagle Pond and the Saco River are not differentiated from other streams in town.  
        David S understood that they’d go to 75’ once the streams left Bonny Eagle Pond or the Saco River.  Cliff says that the ordinance says right now that the tributaries would remain at 250’.      

Other Business:
        Review site walk procedures
The purpose of going to a site work is to be sure that the conditions in the field are as stated by the applicant.  They’re not an enforcement organization; this is for Code Enforcement.  Jere says that if not opposed, he believes the public is invited to attend.
        Think about fireworks ordinance
Krystal left the Board some information about fireworks.  Harry questions how they would be involved.  Jere thinks that they would only be involved in the sale of fireworks.  Sue agrees.  She recommends that if they allow the sale of fireworks, it would always be with a Conditional Use Permit.  John leans towards considering it a retail business and going by ordinances related.  
        David S asked if anyone has looked at the State ordinance.  As of January 1, there will be legal fireworks in the State.  He understands there will be a limit of 26 stores, licenses at $5,000 apiece.  Jere asks if it would come under the State fire Marshall.  David S said they have to be a stand-alone store - not part of a shopping center.  
Jere believes the State is leaving it up to municipalities - whether they will allow the sale and whether people will be allowed to set them off.  Harry asked about the Selectmen’s involvement.  Jere thinks the Selectmen, Police and Fire Chiefs should meet to have a discussion about this.  Harry believes they should get the State ordinance to start with.  Jere thinks they only need to be concerned with the sale of fireworks.  Fred believes the Town will need to have some regulation around fireworks being set off.  Fred mentioned that there isn’t anything in the ordinance regarding target practice.  He believes these things need to be addressed.   Harry asked if there are any State requirements.  David A said 300’ from a residence.  You cannot shoot across a paved road.  David A mentioned some regulations around firearms in Portland.  Sue likes the idea of 300’ from a residence for fireworks.  There was a continued exchange of ideas.
        Sue mentioned a discussion of adult entertainment as a topic they might talk about when they’re talking about ordinance changes.
        David S mentioned mass gatherings.  Jere thinks this should come from the Selectmen and Police Dept.  David S wanted to know where they should draw the line.  Harry says that their job is to review applications and make sure they fit the ordinances.  He thinks fireworks, mass gatherings, etc. are things that should come from the Selectmen and Police Dept./Public Safety.  
        Harry asked Sue about a discussion regarding having some minimum space for a horse.  She was going to look into it.  
        Jere asked how they wanted to do a meeting with the Selectmen.  They thought they might meet with the Selectmen some Wednesday evening.  Sue doesn’t have any problem with the Selectmen taking the lead.  Krystal - would you try to set up a time w/the Planning Board to meet with the Selectmen on a Wednesday night.    

  • Motioned by Sue, seconded by David S, to adjourn the meeting at 7:42 p.m.  All voted in favor.
Approval Date:  _9/26/11

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               Harry Kavouksorian, Chairman                    Signature Date