Minutes from the last meeting to develop a Mooring Regulations Ordinance for the Town of Sebago are attached below. The latest draft of the Ordinance is posted on the town website for review. All members of the public are invited to attend and take part in these meetings.
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Sebago Mooring Regulations Ordinance
Minutes from Meeting of January 13, 2011
Meeting opened at 6:00 pm with 26 people in attendance.
In attendance were Committee members Dick Perry, Phil Lowe, Bruce Hart, Jim Smith, and Allen Crabtree. Absent was Bob DeVilleneuve. Tina Vanasse took notes.
Guests present were Gene and Ellen Rowe, Ann Farley, Joseph and Sherry Miller, Claudia Lowe, Joseph and Ann McMahon, Jim Otis, Charlie Frechette, Ramona and Gary Sleeper, Cindy Wilson, Samuel and Mrs. Minervino, Jeanette Dugas, Ted Davis, Edie Harndon, Sally Perry, and John Gillis.
Tina Vanasse took notes – these are her minutes of the meeting, with a few amendments. Thank you Tina.
Allen began the meeting by explaining the he would like to step back from the specifics of the ordinance and focus on "seeing" if the ordinance does in fact meet the written purpose that has been established in the ordinance draft.
Allen went on further to read information under Title 38 of the Maine Revised Statutes that a mooring is directly linked to the ownership of a boat, not the ownership of land; however the exception being that a waterfront lot owner is allotted a single mooring – this mooring being directly linked to land ownership.
Due to the information shared by Allen in Title 38 and Title 12 and a show of hands form the pubic that was present, the Ordinance Committee voted to use a minimalistic approach in the implementation of the Mooring Ordinance.
This means that Safe Harbor will be the only designated anchorage in the waters of Sebago Lake where a mooring plan will be prepared and the location of moorings determined by the Harbor Master. All other anchorages are considered “open shoreline” and mooring plans will not now be required, although all moorings in town waters must be registered. Open shoreline areas may be converted to a designated anchorage status if they become congested and an appeal is made to the Harbor Master for implementation of the Mooring Ordinance.
Regardless of there location, the tentative date for all moorings to be registered is July 1, 2012. This depends, of course on the date of approval by voters of the ordinance.
Once again the need for a Mooring ordinance was reviewed. The ordinance establishes “regulations to protect property and promote public safety and orderly use of the Town of Sebago waterways….” With the Mooring Ordinance in place we have a much better chance to get a “rule change” from Augusta that would allow the Town to establish an anchorage extending beyond the 200-foot water safety zone as defined by the state.
Concerns expressed by the public:
· It was agreed to eliminate the 80’ scope requirement that was in earlier drafts of the ordinance, since each boat and location of mooring is unique.
· When there is a waiting list in Safe Harbor people might move moorings outside the harbor and put moorings in front of someone else’s property.
· Parking of vehicles and trailers will restrict the number of moorings.
· Privatization of the lake illegal – can’t tell someone they can’t put a mooring in front of your property.
· One association has moorings tied to land ownership which raises the value of a given lot; therefore a suggestion that should be a designated anchorage for an association.
· Dingys and other small craft used to get to moorings are being left on public lands causing congestion.
The Long Beach Marina was discussed. The marina business, which includes the moorings, making the moorings commercial moorings, will be handled through the Planning Board and the Site Plan Review Process already established. The organization and procedures are already in place to handle this issue.
Selectwoman, Ann Farley, suggested that the approval process for the Mooring Ordinance be slowed down. She suggested that rather than have the ordinance on the June Town Meeting agenda that we have two public hearings, one in May and one in July with a special town meeting later in the summer. This would give summer residents an equal opportunity t weight-in on the approval process.
If the ordinance is approved this summer – the next Town Budget begins July 1,21012- we have 1 ½ years to implement it and figure out how best to handle registrations, i.e. send them out with the tax bills; will be able to determine if registration fees need to be annual after learning the true cost of implementing a administering the ordinance. Other costs to be determined include the cost of training the Harbor Master, clerk time, mailings, and amount of time CEO needs to spend in over-seeing compliance of the ordinance.
There was discussion about the process that should be followed if a party disagrees with the decision of the Harbor Master. It was suggested that the matter could be taken to the Board of Appeals, and then to the Selectmen, then it becomes a legal matter if there hasn’t been any agreement.
Meeting adjourned at 8:20 pm. The next meeting will be held on Tuesday, February 22 at the town offices starting at 6pm.
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