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2011/01/13 Minutes
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.  This means that Safe Harbor will be the only anchorage in the waters of Sebago Lake under Town jurisdiction where the Mooring Ordinance will be applied according to the implementation time line in the ordinance.  All other anchorages will remain as they are until such time as an area becomes congested and an appeal is made to the Harbor Master for implementation of the Mooring Ordinance.

Regardless of their 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 1,2012- 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.
Sebago Mooring Complaints 1-13-2011

Date                    Location                        Nature of Complaint
July 2007       Safe Harbor             Several shorefront property owners asked
the BOS to pursue HM ordinance as they are being encroached upon by back lot owners with moorings and floats close to their properties. They indicated that there was no cooperation and asked town to intervene.

Summer 2010     Long Beach              Numerous property owners at the marina end of Long Beach complain about the marina's moorings as well as other aspects  of the marina's business. There is previously ongoing litigation  between some of the parties unrelated to moorings. Sebago BOS vote to move forward with Harbormaster Ordinance.

Dec. 2010       Safe Harbor             Complaint from resident about derelict boat
being moored in Safe Harbor in 2007. It was later abandoned and hauled off by DIFWL.
2008 complaint about 24' boat on borrowed mooring left unattended causing nuisance.
2010 complaint about 2 unregistered jet skis moored close to shore preventing shorefront
owner from using his dock. In past 4 years moorings have quadrupled and 2 swim floats have been added by non shore front owners. Temporary moorings are placed by renters with no regard to existing mooring location.

Dec. 2010       Long Beach               See attached letter of marina complaints.

Dec. 2010       Safe Harbor             Complaint from shorefront property owner
about crowding of moorings close to their property, preventing mooring of their boat and access to their property. Frustrated by non cooperation of back lot property owner
Issues we have had with Long Beach LLC owned by Sam and Jan Minervino, formally Long Beach Marina, Inc., owned by Henry and Patricia Minervino

1. A mooring spot was taken from Sid George, a property owner on Intervale St. in approximately 1993.

Sid had a prime spot next to the “channel” for many years. When he approached Long Beach Marina, Inc., about the dismantling of the anchor, which consisted of two connected cement blocks with stones piled over them, they denied doing it. They placed one of their own mushroom anchors in its spot. They told Sid he could use the mooring whenever he was here with his boat at “no cost”.

2. In the mid to late 90’s my mooring, a 100 lb mushroom and Ed Harrop’s 50 lb mushroom disappeared from our spots. I found them, together, near the drop off 200 feet from where they had been. We rebuilt our moorings with 240 lbs of cement and added the mushrooms after finding them.

Our mooring spots aligned with the next row of moorings the marina would have set up. Coincidence, I think not. I don’t know of anyone’s mooring being moved by the ice in our area. The anchors, chains and plastic bottles were on the bottom in 6+ feet of water at their original location.

3. In 1987 I built a raft that was anchored off our ROW. There were no moorings between it and the beach or close to its anchorage. Shortly after Long Beach, LLC took ownership of the marina from Long Beach Marina, Inc., in the early 2000’s the marina placed two moorings between the raft and the beach such that when the boats were attached you would have to swim around them to get to the raft, clearly, creating a safety hazard. I asked Long Beach,LLC to move them. They refused. The raft was removed in 2007, but I have retained the spot as a boat mooring to preserve the spot for a future raft. In my opinion, the Long Beach, LLC would occupy the spot if given the opportunity.

4. In 2006, Mark Triano advised Long Beach, LLC that they had placed a new fishing boat on a rental mooring that was close to his old pontoon boat. He was concerned that the boats may bang into each other causing damage to the new boat. As a concerned neighbor he approached one of the marina owners. Mark said, Jan “ripped me a new one”. Certainly not a neighborly response. Please keep in mind that the Triano mooring had been there long before the placement of the marina moorings.

5. In 2008, Mark Triano spoke to Long Beach, LLC concerning the placement of a 24 ft pontoon boat with a long mooring line on the same mooring as mentioned above (4). Mark had difficulty in getting to his mooring spot and was concerned about a collision with his (Triano’s) new pontoon boat. They told him to move his mooring. Eventually, the marina moved the boat.

6. My boat has come loose from its mooring twice since the mid 90’s for no apparent reason. The rope and clips were found to be fine after both releases. The most recent release was 2008. Fortunately, there was no damage this time. The issues over the beach had begun. One release, maybe. Not two without any sign of equipment malfunction.