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Planning Board Minutes 12/09/2008
7:00 p.m.
Tuesday, December 9, 2008

I       Call to Order
        Rick Viles called the meeting to order at 7:00 p.m.  

Present were: Steve Burgess, Jim Libby, Phil Lowe, Joe McMahon, Paul White,   
Rick Viles, Code Enforcement Officer; Jim Smith and Recorder, Maureen   
        Guests present were: Anita Crowe, Kathy Davis, Cathy Greene (from
           SebagoTechnics), and Barry Jordan.

II      Review of Minutes (October 14, 2008)
Rick Viles made a motion to accept the minutes from October 14, 2008.  It was seconded by Joe McMahon.  Motion carried with all in favor.

III     Correspondence
        There were none.

IV      Open to Public Questions
        There were none.

V       Old Business – None

VI      New Business

a.      Site Plan Application Review – Estate of Arthur Crowe/Daughter – Kathy Davis
Map 2, Lot 34 (Gravel Pit)
        Cathy Greene from SebagoTechnics represented the Estate of Arthur Crowe (Kathy Davis & Anita Crowe) at this meeting.  She explained that SebagoTechnics was hired to do a full Boundary and Topographic Survey at the location off of Sebago Road (Route 114) and the Northwest River Road.  Essentially, they will be bringing the existing gravel pit into full compliance.  She has been working with the DEP (Department of Environmental Protection) to assure that their conditions have been met.  She has been told that all of their requirements have been met and that the DEP permit is on its way.  She explained the scope of this project in detail and answered all questions from the Board with additional input from Kathy Davis.  

Ms. Davis explained that there are no specific plans for the gravel pit at this time.  It has not been decided yet whether it will be sold outright, leased to a third party or operated by the family members.  It was noted that this has been a working pit for several years.  Jim Smith mentioned that he has been approached by some residents in town that have expressed concerns to him.  With this in mind, he stated that it is important that the hours of operation be reasonable to the abutters of the property and that reclamation of the (product) exhausted locations at this site be done in order to use this land for a second purpose, such as building houses on the site, instead of leaving it as a virtual wasteland.  

There was some discussion on the condition of the entrance to the site.  It is felt that there could be some improvement to this area.  Specifically, a flatter entrance area would be an improvement, and according to erosion and sedimentation control requirements, dirt is not supposed to be dragged out onto the road, therefore, it was noted that 75 feet from the edge of the road pavement inwards needs to have something on it, such as tar, to prevent this from occurring.  

The site plan requirements were reviewed in detail to assure compliance before proceeding further.

A site walk was scheduled at this location for Sunday, December 14, 2008 at 8:00 a.m.  

A Public Hearing was set for Tuesday, January 13, 2009 at 7:00 p.m.
Maureen Scanlon will send out certified notifications of the Public Hearing to all of the property abutters.

There was further discussion on this project regarding additional items that the Board would like clarification on at the next meeting.  These items are as follows;

                             1.)       Hours of Operation
                             2.)       Entranceway improvements
                             3.)       Show the water level benchmark on the plan and at the site
                             4.)       Reclamation plan

b.      Miscellaneous Item – Significant Bird Wildlife Habitat – Barry Jordan

Barry Jordan asked to speak to the Board this evening to present information on Significant Bird Wildlife Habitats.  He discovered that the land that he currently owns is affected by the recently expanded rules and regulations set forth by the State regarding bird wildlife habitats, especially for wadding birds.  He explained that while doing research on the feasibility of building on his land he became aware that apparently since 2006 the whole area known as Mud City Bog (a.k.a. Mariner’s Pond) has been classified by the Department of Inland Fisheries and Wildlife as a Significant Bird Wildlife Habitat/Bird Wader area.  This area is not considered a “no build zone” but it is a limited protection area.  He explained in detail what this means to the abutting properties when an owner wants to build on, or even just make enhancements to their property.  In doing research on this matter he has found out that not many people are even aware of this issue, therefore he wanted to bring the situation to the attention of this Board.  There was some discussion on the impact this may have regarding Planning Board issues.  Jim Smith displayed some maps that he recently received that show the expanded areas that are now considered protected.  There was also some discussion on what authority the Planning Board actually has regarding this matter.  Unless a subdivision was being developed in one of these protected areas, it would not even come before the Board, but would be addressed by the Code Enforcement Officer.  It was noted that the State’s rules can be changed if the Town develops rules that are more restrictive than the existing ones.  Barry Jordan stated that he will continue to work with Jim Smith on this matter.  

There was some discussion regarding zoning ordinances and time lines for permits.  It was noted that these items are still being reviewed and addressed in the Land Use Ordinance that the Planning Board is currently working on and plans to have completed soon.   
c.      Miscellaneous Item – Selection of Board Chair

There was some discussion regarding the fact that the Planning Board needs to select a Chair to replace Rick Bates who is no longer on the Board.  

Paul White made a motion to nominate Rick Viles as Chair of the Board.  It was seconded by Phil Lowe.  Rick Viles stated that he would accept this position until his term expires in June 2009.  Motion carried with all in favor except for Rick Viles who abstained from the vote.  

d.      Miscellaneous Item – Vacant Position on Board

Jim Libby mentioned that there is still one vacancy on this Board that needs to be filled.  It was noted that two individuals have expressed an interest in filling the open position.  The Selectmen have asked for input from the Planning Board on the two candidates that have expressed an interest in joining.  Jim Smith mentioned that Cathy Greene expressed an interest in staying on in a lesser capacity.  The problem that she ran into was in attending the additional meetings for the development of the Land Use Ordinance.  It was felt that she would be the best candidate, even if she can not attend all of the meetings because of her historical knowledge from being on this Board for several years.  Rick Viles will speak to her about filling the open position.  Now that the Land Use Ordinance is almost completed her attendance to these meetings is not as crucial.    

VII     Adjournment
Joe McMahon made a motion to adjourn at 8:50 p.m.  It was seconded by Rick Viles.  Motion carried with all in favor.

Respectfully Submitted,
Maureen F. Scanlon
Administrative Assistant/Deputy Clerk