PB Minutes 9/14/15
Town of Buxton Planning Board
Minutes

Monday, September 14, 2015 at 7 p.m.
             
Recorded by Hilda Lynch              

Board Members Present:  Jeremiah Ross, III; Keith Emery; Christopher Carroll, Mark Blier, and Chris Baldinelli

Absent:  None

Others Present:  Gail Landry, Henry Huntley, Jean Harmon, Nancy Pierce, Geoff Trott, Cliff Thomas, Peter Gordon

Chairman Jeremiah Ross, III, called the September 14, 2015, meeting of the Buxton Planning Board together at 7 p.m.  

Pledge of Allegiance

Public Hearing:  Gail Landry of Flanagan Farm, updating the Conditional Use Plan with new buildings for 668 Narraganset Trail; Tax Map 6, Lot 36.

  • Motioned by Keith, seconded by Chris B., to open the public hearing.  Five voted in favor.
Gail Landry spoke of the changes she was making.  She mentioned the added bathrooms and the
English barn and clarified the parking areas and the area to be kept clear for emergency vehicles.  She
indicated on the Plan where the changes were being made.
Comments from the Board:  None.  Comments from the abutters:  None.  Comments from the Code.  Enforcement Officer:  None.  Comments from the general public:  None.
  • Motioned by Keith, seconded by Chris C., to close the public hearing.  Five voted in favor.
          Jere summarized what would be needed.

  • Motioned by Chris B., seconded by Mark, to approve the amended plan for the above property as Shown.  Five voted in favor.
Board of Appeals Chairman Stephen Heroux to discuss Article 9.6 Buildable area and other future ordinance amendments.
        Steve stated that he wanted to speak with the Board about cleaning up the Ordinance book, particularly Article 9.6.  In No. 3, he doesn’t think the wording is clear that this applies to only “nonconforming” lots.  The word “may” is used in the Ordinance, which he thinks may need to be tightened up.  He suggested that the beginning of the sentence might be, “For legal nonconforming lots of record…”  Then, the word “may” might be changed to “will.”
        In No. 4, Steve says that if they want to allow smaller buildings, less than 750 sq. ft. which don’t have animals and are less than 18 ft. tall, then this section may need some wording changes.
        In the discussion, it was asked whether they should strike this section.  Would they want something different to cover accessory buildings?  Does this language predate a change in State law?  No, Steve says, it just hasn’t been worded well.  How many come in for permits for sheds or accessory buildings?  Jere says this doesn’t usually come up for Conditional Use Permits.
        The Code Enforcement Officer wondered if they were to start No. 3 the way they’ve suggested, would they do something with No. 4 the same way.
        In No. 5, it states that the Code Enforcement Officer can allow a reduction, and that can’t be done.  The Board of Appeals goes with the standards and doesn’t allow anything less than 20 ft.
        Jere asked Steve if he could come up with some verbiage that they could discuss for these three sections.  Steve said he would do that.

EOS Design, LLC, who is requesting a Conditional Use Permit for a Light Manufacturing Research Facility to be located at 1520 Long Plains Road, Tax Map 8, Lot 45-3
  • Motioned by Keith, seconded by Chris C., to amend the Agenda to allow Geoff Trott to speak.  Five voted in favor.
        Geoff would like to get back on the Agenda for a public hearing.  He says there were some questions about the driveway as it enters the State route.  He measured, and it is at least 25 ft., so he won’t have to change that.  He has spoken with the Fire Chief.  
        On August 13, the Board went on a site walk.  Jere, Keith and Chris B. attended.  Jere didn’t see any issues except for the Fire Chief signing off on any improvements that were going to be done.  Once they have that information, they would be able to set a public hearing.  Jere asked Geoff to speak with Krystal about getting on the Agenda.  The next meeting is September 28, so he’d have a week to get some information into the Code Enforcement office.  They could make a motion to have a public hearing at that meeting.  
        Jere asked if they’ve received the Plan for the parking lot?  Geoff is working on finalizing it.  He would like to have ten employees instead of seven and possibly have a sign out front.

CEO Report:
        Peter reported that there was some activity on the Back Nippen Road.  He went over to the Temple and found that they were expanding their parking lot.  Fred gave them a permit to expand their parking lot.  Peter has asked the owners to come in and show him the design for the parking lot.  
        The Board would like the applicant to come before the Board and get the change to their Plan approved.  The Selectmen want to make sure that there isn’t an expansion as there is an occupancy limit.  Peter is trying to get their Plan on paper.  It sounds to him like the original Plan has already been changed.  Is the new Plan deviating from the original?  Peter has the original, and the new sketch looks like there would be some drainage under the parking lot and a perimeter around the lot.  Jere reviewed one of the conditions of approval.  
        The Board would accept something that shows the change but it would not have to be done by an engineer.  The Ordinance refers to a minimum number of spaces but it doesn’t say anything about a maximum.  Jere asked Peter if he had a firm number of people who could be in the building.  Peter would check on it.
        Peter spoke about accessory building units.  He stated that sometimes the intent is clear.  He’s not comfortable with the wording.  He thinks the Board might be interested in an ordinance regarding an accessory dwelling like they’ve developed in Hollis.  
        Jere asked if Peter could work on the verbiage.  The Board usually works on the Ordinances by February.  Keith requested that Peter bring some things before the Board that he notices.  They are open to suggestions.  Peter was asked how things are progressing with the Roberts’ development beside Hannaford.  Peter stated that the foundation is in.  There is an issue with the 911 numbers.  Jere asked if Peter has inspected the site.  Peter says he’s only looked at the foundation.  There was some discussion about the pond needing to be blasted.

Approval of Minutes:
        August 10, 2015
  • Motioned by Chris C., seconded by Keith, to approve the minutes as amended.  Five voted in favor.
        August 24, 2015
  • Motioned by Keith, seconded by Chris B., to approve the minutes as written.  Five voted in favor.
Approval of Bills:  Pay Portland Press Herald $37.64 for the Flanagan Farm legal ad.
  • Motioned by Keith, seconded by Jere, to approve payment of the above bill.  Five voted in favor.
Communications:
        Marion Alexandre e-mail regarding anyone interested in Comprehensive Plan Resource packages.  The Buxton Comprehensive Plan has been worked on, but two people have resigned from the Committee, Jere said.
        Board of Appeals Training on October 29.  Chris C. is interested and Mark needs to see if he’s going to be here.  Jere asked them to contact Krystal if they’re interested.  It’s being held in South Portland at the Best Western.
        “Maine Townsman” for September and October
        Dates and deadlines for the November 3rd election

Other Business:
        Sign Planning Board By-Laws
        Keith referred to 3.1.  It should be stated that it was amended on June 9, 2014.  (Krystal, would you check on this.)  They could sign the back page as the change is not on that page.  
        11.6.B.9 - Cluster development.  The last sentence refers to driveways being allowed on a public road.   They have not had a response from the Town attorney yet.  Jere asked Krystal about it on Thursday.  There had been no response.
        Krystal has provided the Board with information on Group homes, halfway houses, treatment facilities, etc.  They’re going to try and work on an Ordinance on this for June, 2016.  Jere asked the Board to review and see what they would like to work on.

Attendees may address the Board on the evening’s business:  No one came forward.
  • Motioned by Keith, seconded by Mark, to adjourn the meeting at 7:56 p.m.  Five voted in favor.  
         Approval Date:    ________

        ________________________                                        ___________________
        Jeremiah Ross, III, Chairman                                    Date