Town of Buxton Planning Board
Minutes
Monday, March 23, 2015 at 7 p.m.
Recorded by: Krystal Dyer
Members in attendance: Keith Emery, Christopher Carroll, Jeremiah Ross, III, Mark Blier, Chris Baldinelli and Chad Poitras.
Members not in attendance: Larry Curtis
Others in attendance: Susan & Jim Dunn, Mark Pulsoni, Galen Cunning, Stacey Barnes, Scott Warchol, Henry Huntley, Chief Nathan Schools, Public Works Director Tom Kennie, Selectmen - Jean Harmon, Cliff Emery, Penny Booker and Dennis Santolucito; Conrad Jellison, Linda & Glenn Poole, Stephen Heroux, Code Officer Fred Farnham, Cliff Thomas.
Keith called the meeting to Order by commencing with the pledge of allegiance.
Public Hearing for proposed amendments Review the new and proposed amendments, additions or deletions to the Town of Buxton Zoning Ordinance, the Ordinance Establishing an Elected Buxton Planning Board, Fire Protection Ordinance, Medical Marijuana Ordinance and the proposed zoning amendment to the official Town of Buxton Zoning Map.
- Motioned by Chris C., seconded by Mark to open the public hearing, the motion passed with a 6 – 0 vote.
- Add “Function Hall” to Definitions and Land Use Table B, the Code Office has had many inquiries for function halls. The Land Use Table B that a function hall would fall under. This would help to know where it is allowed.
Scott Warchol – questions a function hall in the residential neighborhood, this does not belong in residential district. He is concerned that the quality of the quiet residential area could change. Chris Baldinelli explained that this could accompany a church and churches are allowed in the Residential Zone. Can be changed in future?
Cliff, questions why is it too late to make changes, if voting is in June? Only have to discuss and bring back at a later date. Jean added, in the past the public hearing has not been unable to change due to it being too late for printing the warrant and town report. At this time, we still have time, the Selectmen will sign warrant on April 15th, and we can still make changes.
There was further discussion on function halls.
- Article 4.2.F.3 – Stephen Heroux, Chairman of the Board of Appeal explains that this article 4.2.f.3 ‘Contiguous Built Lots’ was originally a family parcel, with many homes on one lot. Then zoning was introduced and they need to split into individual lots. This Article allows for the property to be split and give the applicant relief. There are two functions for the applicant to meet. The lots can’t be smaller than the state minimum of 20,000 square feet and has to accept a working septic system. This amendment is just to clarify the language, it does not change the intention of the ordinance.
- 10.7.A.5 Off Street Parking – Currently the ordinance requires parking to be in back of retail/commercial buildings. This does not work with all situations. The Board added “unless waived by the Planning Board”
Stephen Heroux suggested that since the Board has had a couple cases where the amount of parking was required by the square footage of the proposed building. The board should review how the amount of parking spaces is determined, retail space vs. office or storage space. If the parking spaces are determined with the stockroom square footage area included, it is not a true representative of the amount of foot traffic that will be coming into the building, if half the building is a stockroom.
- Article 12 Road Acceptance Regulations – Scott Warchol suggests changing Article 12.3.E from ‘May’ test material to ‘Shall’ test material. It is so the Public Works Director can request the developer to check the compaction if needed. Cliff Emery added that these ordinance amendments were compared to other surrounding towns (Scarborough & Gorham) requirements. May to shall – has been to the attorney. If the road remains private it will still be inspected under the town requirements. This puts the burden on the builder and not on the town and the cost of the testing would not be incurred.
In section 12.5.B Scott Warchol does not want to see hanging culverts. Jere informs him that a stream is regulated by DEP, they will impose restrictions on the type of culverts etc...
On section 12.3.F “No surface pavement will be applied until base has gone through at least one winter season at which time it will be inspected by the Applicant, Code Enforcement Officer and Public Works Director”. The applicant will understand going in to the process that these are the Towns requirements. Stephen Heroux agrees with Scott, if we have gone to this length, change from May to shall this will ensure that in all cases, this will take place. If considered to be accepted by
town it has to be built to town specks. Every road to be accepted as a town road, will be tested. There was further discussion on road ordinance.
Cliff Emery said the word Grandfathered – there is no such word in state law. This article is effective as of November 10th, 2014.
- Zone change from Residential to Business/Commercial starting at Pease Road to Wayne Joy Auto Sales – Glenn Pool of 739 Narragansett Trail asks “How does this affect my property?” Keith informs Mr. Pool that his property will be able to be sold as a business district, making it more valuable. Mr. Poole asks if Duck Pond is part of the business district? Jere informed Mr. Poole that the Resource Protection (DEP) takes precedence and you can’t touch anything with-in 100-feet. Stephen Heroux added that his property will have more flexibility, where the front and side setbacks are decreased and more in his favor.
- The Ordinance Establishing an Elected Buxton Planning Board – June 2014 the town voted to change the number of Planning Board members from ‘seven to five’ and ‘the majority of the Board as a quorum’. This is a house keeping issue due to the vote at last year’s town meeting. A quorum would now be a maximum of 3 members.
- Medical marijuana – Jean Harmon stated “she had heard the Code Office was receiving inquiries about medical marijuana facilities at properties that are listed for sale. The Board of Selectmen wanted to be proactive and establish an ordinance. We can’t tell them no they can’t come to town, but we can restrict their location. This is a model ordinance from another town. The only place allowed is in the business commercial and light commercial district along route 202.”
- Fire protection – Chief Nathan Schools states this is not an ordinance or performance standard to require single family residence to be sprinkled. This supplements the current zoning ordinance that currently gives three options for fire protection; a fire pond, a 10,000 gallon holding tank, or a sprinkler system. In his review Scott Warchol noticed there are a lot of reviewing and testing or reviewing plans annually, could it be inspected every three years? Commercial buildings have to be inspected annually due to National Fire Protection Association (NFPA) 13. Chief Schools outlined the expectations for commercial business and how it would help the community. Mark is concerned with setting standards may make more difficult for small business to come into town. Expectation of sizes
and control hazards within the buildings. Important step to make, but wonder if it is short sighted and should be part of the bigger conversation
- Motioned by Jere, seconded by Chris B. to close the public hearing. The motion passed with a 6 – 0 vote.
Selectmen public hearing:
Selectmen in attendance: Cliff Emery, Jean Harmon, Penny Booker and Dennis Santolucito.
- Motioned by Jean Harmon to open the public hearing for ordinance amendments entitled “Article 12 Road Acceptance Regulations” at 8:10 p.m., seconded by Penny Booker, a 4 –0 vote.
Having no questions,
- Cliff Emery motioned to close the public hearing at 8:11p.m. Seconded by Jean Harmon. A unanimous 4 –0 vote.
Review Single Family Dwelling amendment with Selectmen:
The Selectmen expressed their reasons why they want to move this amendment forward. The Select Board are proposing to restrict single family dwellings from being allowed in the business/ commercial district. Each Select member spoke individually and voiced their opinion in favor of the Route 202 corridor being the best place to have business in this community. Once it is filled with residential homes, we can’t get the Commercial district back.
Keith agreed and has always said the commercial district should be from the Gorham line to bridge, but he does not believe in changing while an application is already in the process. If this would have been presented 6 months ago, he would be all for it. He also disagrees with enacting an ordinance or law and back dating it 6 months.
The Selectmen requested a vote to see if the Planning Board supports this article – Chad, mark, Christopher C. are in favor of protecting the Business/Commercial District. Jere and Chris B. are on the fence, but Keith will not support the amendment.
Cliff Emery added, let’s look at what’s beneficial to the community. Let’s not take the opportunity for commercial growth away from the next generation. There was further discussion on this issue.
Jere added that the Comprehensive Planning Committee took on an enormous task and should possibly look into hiring professional help to assist the town in the process. From the survey, the direction of the town people, was to preserve the rural character in town.
Code Officer Fred Farnham pointed out that on Table B, Land Use Chart – there are three categories that have to do with homes, single family dwellings in the Business/Commercial zone is a “E”, meaning it is allowed under a conditional use through the planning board. A Cluster Development or Duplexes are not allowed in Business/Commercial Zone. Fred’s interpretation is that the intent was to not have houses in this district.
The Selectmen are putting this article on the June ballot.
Daniel Aceto returning to request a temporary road opening at adjoining lot on Narragansett Trail, Tax Map 8, Lot20A-35. Mr. Aceto changed his mind and cancelled.
CEO Report: none
Approval of Minutes:
February 23, 2015
- Motioned by Chris to approve the minutes as amended, seconded by mark. The motion passed with a 6 – 0 vote.
March 9, 2015
- Jere motioned to approve the minutes as amended, seconded by Chris B. The motion passed with a 5 – 0 - 1 Christopher Carroll abstained.
Approval of Bills: none.
Communications:
~Normand Berube Builders requesting for Crossing Brook Drive to be placed on the ballot for
acceptance as a town road.
~Town meeting dates – there are two, three years positions, open on the Planning Board.
~Maine Townsman – March
Other Business: none
Attendees may address the Board on the evening’s business:
Stacey Barns – interested in retaining the rural character of Buxton while growing economically and sustainably. Stacey is very interested assisting the town and would like to continue this conversation at another time.
Chad mentioned an article in the Journal tribune stating that Old Orchard Beach has been approached about the medical marijuana issue. It’s good that we are being proactive. Stephen Heroux added, the town of Limington passed an ordinance similar to our proposal.
Adjourn:
Chris B. moved to adjourn the meeting at 9:10 p.m. Seconded by Mark, a unanimous vote.
Approval Date: ___4/15/14__
________________________ ___________________
Keith Emery, Chairman Date
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