Town of Buxton Planning Board
Minutes
Monday, March 17, 2014 at 7 p.m.
Recorded by: Krystal Dyer
Members in attendance: Cliff Thomas, Christopher Carroll, Keith Emery, Jeremiah Ross and Larry Curtis.
Members not in attendance: none
Others in attendance: Henry Huntley, Michael Lavigne and Derick Lavigne
Keith calls the meeting to order by commencing the pledge of allegiance.
Edward Lavigne of 51 Dunnell Road is requesting a conditional use permit to allow repair and sales of farm machinery and equipment. Tax Map 6, Lot 10-2.
Mr. Lavigne and his son would like to start a family business repairing farm equipment. It initially started as hobby doing repairs in his spare time. Mr. Lavigne is currently doing off site repairs and traveling across the country. Mr. Lavigne would like to continue this business from his home legally.
Questions from the Board: Jere references Fred’s letter dated February 20, 2014 stating that according the Land Use Table in Section 9, Table B of the “Town of Buxton Zoning Ordinance. “ Fred feels it belongs under Auto Repair Garage with a conditional use permit from the planning Board. The Board is in agreement with the letter. Jere clarifies with the applicant that he is not working on cars, but is working on bailers, rakes, tractors, etc. Jere questions the percentage between repairs vs. sales. Mr. Lavigne has a few pieces now and would like to repair more. He is not sure of the percentage for repairs vs. sales, making a guess at fifty percent.
Mr. Lavigne is currently using a waste oil furnace to heat his garage, which will utilized any waste oil from the machinery. There is a Fire hydrant located on the side of Dunnell Road, in front of his house. Once he is finished reclaiming his front yard, there will be plenty of off street parking in the front yard. Jere will be looking at how many pieces of equipment he will be able to get on the property, during the site walk. Keith added anything not for sale will be out of sight from the main road, it will not look like a junkyard. Mr. Lavigne agreed, the yard will be keep as neat as he possibly can.
- Motioned by Jere, seconded by Cliff to schedule a Site walk for Saturday, March 22 at 9am. Having no discussion, the motion passed with a 5 – 0 vote.
CEO Report: none at this time
Approval of Minutes:
February 24, 2014
- Motioned by Larry, seconded by Christopher to approve the minutes of February 24, 2014 as amended. A unanimous vote.
Approval of Bills:
Portland Press Herald $25.75 to cover legal ads for Rappold public hearing.
- Motioned by Larry, seconded by Jere to pay Portland Press Herald $25.75, motion passed with a 5 – 0 vote.
Communications: none
Other Business:
~Attorney’s response to proposed ordinance amendments: The board agreed to add “or the most current addition” to Article 11.15.E.7. In an email the Town Attorney agreed these amendments should be reviewed on the floor at the town meeting on Saturday, June 14th.
~Review findings for Kerri & Steven Rappold:
- Christopher moved to approve findings for Kerri & Steven Rappold for their daycare facility at 993 Long Plains Rd, seconded by Larry. Motion approved with a 5 – 0 vote.
~Larry announced he will be presenting the 2014/15 Planning Board budget to the Budget
Committee onTuesday, March 18th at 6:50 pm.
~Shoreland map: Cliff began the discussion by explaining the difference between the two maps presented to the members. One map does not have the flood plain on it. When SMPDC updated the maps, they added the flood plain to the shoreland map. Cliff indicates it is not a requirement to show the flood plain on a shoreland map. The second map is showing strictly the shoreland zone. Fred said it makes no difference to him if the flood plan is on the shoreland map or not, he will look at the FEMA flood plain maps for flood locations. Jere asked if there are going to be any changes to the FEMA flood maps for Buxton. Fred says no that most of the flooding studies have been along the coast, due to the rising tides.
Jere confirmed that if your property is in the flood plain you have the opportunity to hire someone to prove you are actually not in it. The burden of proof is on the landowner to hire a professional to prove they are not in the flood area. Fred added that in 1996 there was a 500 year event. This is a historical point of interest, the Board discussed if this should be noted in the Town ordinance. Since it is recorded with FEMA, the Board agreed to keep it there.
It’s worth having an updated map that benefits everyone. DEP will have the final approval on our map. Krystal will check on the price for printing the maps. Four copies of each map will be needed for review. Cliff noticed that Duck Pond and other bogs have been removed from the shoreland map, stating that there are more streams that should be removed. Cliff explained that the forested wetlands are on the National Resource Protection map and should not be on the shoreland map. He added that there are many things on the map that require more work to meet the States minimum requirements for Shoreland Zoning. Christopher feels it’s in the best interest of the Town to make sure that if there is a gray area, it should be investigated further.
~Nomination papers are available, need to be filed back by April 28th, 2014 at 4:30 p.m.
- Christopher motioned to re-schedule the next planning Board meeting from March 24th to the 31st of March, seconded by Larry. The motion passed with a 5 – 0 vote.
- Jere moved to hold a public hearing for 2014 proposed ordinance amendments march 31st, 2014, seconded by Christopher, the motion passed with a 5 – 0 vote.
Copies are available in the code office and on the web site.
In section 11.5 there are eleven areas to take out “Duck Pond” from these areas. The Board agrees this is just housecleaning items and should have been taken out two years ago.
Attendees may address the Board on the evening’s business: none
Adjourn: Cliff motioned to adjourn at 8:03 pm, seconded by Larry, a unanimous vote.
Approval Date: ___________
________________________ ________________
Keith Emery, Chairman Signature Date
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