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2010/11/30 Minutes
Sebago Mooring Regulations Ordinance Committee

Minutes from Meeting of November 30, 2010

Meeting opened at 6:00 pm.

In attendance were Committee members Jim Smith, Dick Perry, Phil Lowe, Bruce Hart, Bob DeVilleneuve, and Allen Crabtree.  

Guests present were Tina Vanasse, Gene Rowe, Bruce Weymouth, Ann Farley, Alan Munroe, Ramona and Gary Sleeper, Joseph and Sherry Miller, Claudia Lowe, June Johnson, Cindy Wilson, and Ken Williams.

Tina Vanasse took notes – these are her minutes of the meeting.  Thank you Tina.
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Agenda items:
·       Clarify the process we are using to write the “Mooring Ordinance”
·       Clarify the need of the ordinance
·       Determine whether or not any existing land use ordinance would take care of some of the issues within the mooring ordinance
·       Decide if the Mooring Ordinance deals with only moorings
·       Discuss the make-up of the Advisory Committee for Mooring Ordinance issues
There was community representation at this meeting and some lively discussion ensued. Concerns were heard and addressed throughout the meeting.

·       Scope of the ordinance too big.
·       No studies done yet about safety issues
·       Present ordinance not reflective of all peoples of Sebago
The public is encouraged to attend all meetings so there is in-put at all steps of the process that hopefully will produce a document that Sebago citizens will approve at a town meeting.

The need for the ordinance is to give the town legal authorization to regulate the placement of moorings; mediate conflicts concerning moorings; as well as being a pre-requisite for getting a rule change at the state level to define an anchorage within the Town of Sebago jurisdiction.

·       Discussion of moorings off the town beach
·       Does Town have the right to regulate the bottom of the lake
Planning Board has the procedures in place to regulate any commercial business.

·       Needs to be consideration of marina on the river.
·       Planning Board to determine the number of commercial moorings.
Advisory Committee will be comprised of a representative group of Sebago taxpayers to support the designated person who over-sees the Mooring Ordinance and aid in any mooring disputes. The group will determine how, when and where it will meet.

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And these are some additional notes from the meeting that I took:

1.      Grandfather Clause – Dick Perry presented an alternative definition.  After discussion it was felt that a definition was not needed and that the prior use language was sufficient.  The definition was deleted.

2.      Great Ponds Definition – Jim Smith spoke with Mr. Pritchard from the state and he clarified that the mean low water mark does not apply to lakes regulated by dams, such as Sebago Lake.  Waterfront owners, in the view of the state, do not own to the mean low water mark.  What this means is that the water safety zone language talking about the shoreline is independent of the great ponds verbiage.

3.      Marina discussion – Phil Lowe and Bob DeVilleneuve require that marinas go before the Planning Board for site plan review for initial creation and for any expansions.  Phil suggested language for Section 7.5 that would clarify that marinas need to go to the planning board for approval of their commercial operation, including the number of moorings allowed.  The Harbor Master would then have the authority to regulate the location of those moorings.  The records of the Planning Board still need to be researched to see the history of site plan reviews for the Long Beach Marina.

4.      Need for the mooring ordinance – Bruce Hart felt it would be helpful to document the issues with moorings in order to make sure the ordinance is addressing everything appropriately.  He felt that some problems with moorings go back at least 10 years.  Everyone was urged to contact Bruce as he compiles a list of problems and issues in Sebago with moorings.

5.      Separate mooring ordinance – There was a discussion as to whether the mooring ordinance should be part of the Shoreland Zoning ordinance.  The latter regulates activities within the shore land zone but does not regulate activities in the water, such as the placement of moorings.  Dick Perry felt that the mooring ordinance should be a separate, stand-along ordinance.  Casco, Bridgton, Harrison and Standish have separate mooring regulations, while Naples is part of their shore land zoning ordinance.

6.      Town beach moorings – it was suggested that the mooring ordinance should restrict moorings at the town beach to only town moorings, not private ones.  There are no restrictions now.

7.      Advisory Committee – there was discussion about the function and composition of this committee.  An alternate committee composition was suggested and both will be included in the next draft of the ordinance for further discussion.

Assignments

Bruce Hart will compile a list of conflicts or concerns regarding moorings that we have experienced in the past or are continuing to experience in town.  This is to help make sure that the ordinance addresses issues appropriately, and also to support any requested rule changes by the state.  Any known conflicts or concerns regarding moorings, docks, land usage etc. are to be directed to Bruce Hart via email: bhart@maine.rr.com]

Bob DeVilleneuve and Ann Farley will research old Planning Board meetings to see what history there is about the Long Beach Marina and the number of their moorings.

Allen Crabtree will incorporate comments from the meeting, including a suggested alternate makeup of the review committee, and anchorage areas.  Clean up the first part of the draft by removing the strikeouts.  Repost the new draft of the town website and distribute to the committee and interested citizens.  

Everyone who has comments is encouraged to send them to Allen Crabtree at allencrabtree@townofsebago.org.

Next meeting of the Harbor Master committee is on Tuesday, December 21, at 6pm at the town offices.

Meeting was adjourned at 8:35 p.m.