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Planning Board Minutes 01/13/2009
7:00 p.m.
Tuesday, January 13, 2009

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, Terry Davis, Cathy Greene &
Charles L. Brown (from SebagoTechnics), Selectman Allen Crabtree (left early for a fire emergency), Warren Hopkins and Selectman Jeff Harriman.

II      Review of Minutes (December 9, 2008)
Steve Burgess made a motion to approve the minutes from December 9, 2008.  It was seconded by Phil Lowe.  Motion carried with all in favor.

III     Correspondence – None
        Public Hearing – Site Plan Review – Gravel Pit Compliance
        (Kathrine Davis – Trustee of the Anita Crowe Supplemental Care Trust)
        Map 2, Lot 34
        The Public Hearing was opened by Rick Viles at 7:04 p.m.

        Charles (Charlie) L. Brown (from Sebago Technics) reviewed the specifics of this
project in detail with particular focus on the entranceway(s) improvement plan, the water level benchmarks and the reclamation plan as requested by the Board at the last meeting.    

IV      Open to Public Questions
Warren Hopkins is an abutter to the gravel pit property and asked several questions regarding the existing right-of-ways accessing the property.  Mr. Brown was able to answer Mr. Hopkins questions that were specific to the boundary lines, but there was further discussion on the use of this area by recreational vehicles such as ATVs and Snowmobiles.  Mr. Hopkins expressed concerns regarding vandalism to his property which he feels was done by the individuals that access this area on recreational vehicles.  Kathy Davis explained that the Snowmobile Clubs ask permission every year to use the trails on the property.  They mark the trails and maintain them, but that is the extent of her involvement in allowing the use of the property.  She noted that there has never been a problem in the past and therefore it is unclear if these are the individuals causing the vandalism or just vandals in general that may see that a property is not being used for extended periods of time.  Mr. Hopkins had no further questions.

The Public Hearing was closed at 7:23 p.m.     

V       Old Business

a.      Site Plan Application Review –
     (Kathrine Davis – Trustee of the Anita Crowe Supplemental Care Trust)
              Map 2, Lot 34
Paul White asked for clarification on several issues regarding the Erosion Control plan for the entranceways, the southern boundary line and the Reclamation plan for this location.  Jim Smith made note of the fact that he feels as though it would not be a problem with the Crowe/Davis owners of the property to follow through with the Reclamation plans for the property.  However, he feels as though something should be put in writing stating that if the property is sold, it still must be reclaimed when the product has been exhausted from this location.   

One other point that Jim Smith is concerned about is being able to determine the elevation by having a benchmark on site that is not alterable.  Charlie Brown reported that they have established 2 benchmarks on the property that have also been added to the plan documentation.  He reviewed these in detail and explained that additional observation (monitoring) wells will be added in 5 acre increments.  

              Phil Lowe stated that he thoroughly reviewed the plans and had several
                 questions/concerns that were addressed by Charlie Brown and discussed at
                 length by the Board.  

Some discussion ensued regarding the fact that the DEP does not want the open water area on the site to be covered over but left open even though it completely dries out for several months during the year.  

There was further discussion on the fact that the two entranceways are the only entrances for commercial use to this location.  The three right-of-ways are not wide enough for commercial use.  The erosion control plan for these two entranceways was addressed to assure that dirt/mud is not to be dragged out into the roadway from the truck tires.   

It was noted that all fees have been paid as follows;
 $35.00 – Site Plan Review Fee – Paid on November 26, 2008
$79.80 – Certified Abutter Notification Mailing – Paid on January 13, 2009   

The site plan requirements were once again reviewed to assure compliance.

The following additions/deletions to the Site Plans were noted as follows;
Note 6 – Hours of Operation have been included.
Note 7 – Erosion Plan for the entranceways has been included.

Sheet #4 – Item #I (Dewatering) – to be removed from the plan.
It was also noted that on the Existing Conditions Plan there were twelve test borings done at the site and the results were to be submitted for inclusion with the town’s documentation records.  
Jim Libby made a motion to approve the Gravel Pit plans with the condition that the above Item #I is to be removed from Sheet #4.  It was seconded by Phil Lowe.  Motion carried with all in favor except for Steve Burgess and Paul White who both abstained from the vote.  
VI      New Business

a.       30% Expansion – David & Janet Brennan
                Map 23, Lot 40     
               Jim Smith reviewed the 30% Expansion project that was visited by the CEO
and the Planning Board members after the Site Walk at the Gravel Pit.  He submitted for review the necessary paperwork that pertains to this project and explained, in detail, the scope of work to be done.   
Steve Burgess made a motion to approve as submitted.  It was seconded by Rick Viles.  Motion carried with all in favor except for Paul White who abstained from the vote.

b.      Miscellaneous Item – Land Use Ordinance
Rick Viles stated that he spoke to the Selectmen at the last Selectmen’s meeting about finalizing the Land Use Ordinance.  Allen Crabtree and Jeff Harriman agreed to sit in on the last four meetings before the final version is brought before the town’s residents at the Annual Town Meeting.  The following dates were scheduled for the final four meetings to be held at the Town Office Building at 7:00 p.m.  

January 27, 2009 (Tuesday)

February 10, 2009 (Tuesday)
(NOTE: This meeting will be held after the regular Planning Board Mtg.)

March 10, 2009 (Tuesday)
              (NOTE: This meeting will be held after the regular Planning Board Mtg.)

              March 24, 2009 (Tuesday)
It was suggested that perhaps one of the builder’s in town and two “citizens at large” should be invited to the meetings in order to give their perspectives on the proposed ordinance.  There were some suggestions on who might be interested in filling these positions.  These individuals will be contacted by either Rick Viles or Jim Smith about the possibility of their attending the meetings.

Rick Viles stated that the first meeting will be focusing on laying out the ground work for the next three meetings and setting up the agendas.  The last three meetings should be short and will focus on how to educate the citizens on what the Land Use Ordinance encompasses.  There was some discussion on how this can be accomplished.

RECORDER’S NOTES: There was a question as to when the Land Use Ordinance would need to be submitted to the Town Clerk for inclusion on the Annual Town Meeting Warrant.  

A draft of the article needs to be submitted to the Town Clerk by April 1, 2009.  

A Public Hearing needs to be held at least 10 days before the Annual Town Meeting on June 6, 2009.   Public notices need to be submitted to the newspapers and posted in the normal posting locations throughout town two weeks prior to the Public Hearing.
c.      Miscellaneous Item – DEP Issue (Shoreland Zoning & Inland Significant Wildlife Habitats)
The DEP Fact Sheet (Dated: Revised on Oct. 3, 2006) was reviewed regarding Shoreland Zoning & Inland Significant Wildlife Habitats.  Jim Smith spoke on this subject regarding the potential impact it may have on property owners.  He suggested reviewing this information before the January 27th Land Use Ordinance meeting and for everyone to be prepared to start addressing this issue at that meeting.  Phil Lowe has offered to work on this DEP issue in an effort to get the ball rolling on it and to address any issues the Board feels necessary.  
VII     Adjournment
Paul White made a motion to adjourn at 9:10 p.m.  It was seconded by Joe McMahon.  Motion carried with all in favor.

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