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Planning Board Minutes 06/09/2009
7:00 p.m.
Tuesday, June 9, 2009

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

Present: Steve Burgess, Jim Libby, Phil Lowe, Joe McMahon, Rick Viles, Paul White, Code Enforcement Officer, Bob DeVilleneuve, and Recorder, Maureen Scanlon.

Guests present: Town Manager, Jim Smith, Robert Borsetti, Kevin Murphy, Dean Palli, Don & Marilyn Loring, Janet Brennan, Steve Titcomb.

II      Review of Minutes
        Steve Burgess made a motion to accept the minutes from April 14, 2009.  It was seconded by Phil Lowe.  Motion carried with all in favor.

III     Correspondence – None

IV      Open to Public Questions
Don Loring asked about the status of the proposed RV Park that was on the agenda for the meeting held on May 12, 2009.  The Board explained that they do not expect to see them back for approximately eight months from now.  It was mentioned that they would require DEP approval before they can formally come before the Board on this matter; nothing has actually been submitted as of this date.  They basically asked to come before the Board at the last meeting to explore what some of the issues would be in proceeding with this project.  Some of the issues discussed at that meeting were briefly reviewed.  Members of the public at tonight’s meeting expressed concerns about being kept in the loop as to the progress of this potential project.  Abutters to the property would receive formal notification that this project is scheduled to go before the Board for review.  For citizens that are not abutters to the property, it was noted that a Public Hearing would be held on this project if it was submitted for Planning Board approval.  Public Hearing meeting dates are advertised on the town’s web site, in the Bridgton News, in Your Weekly Shopping Guide and in the local posting locations throughout town.  It was also mentioned that the Planning Board meeting agendas are posted on the town’s web site prior to the meeting dates.  There was some discussion on the fact that right-of-way disputes would fall under the authority of the judicial court system and not the Planning Board.   

V       Old Business

a.      Authority Review – Jim Smith (Town Manager, former Code Enforcement Officer)
Jim Smith stated that he has asked to speak to the Board tonight regarding the existing 30% Expansion Rule in order to clarify it for Bob DeVilleneuve, the current Code Enforcement Officer.  He explained that according to Section 12 (Non-Conformance), subsections C.1.A and C.1.B (Non-conforming Structures/Expansions) in the town’s existing Shoreland Zoning Ordinance, the Code Enforcement Officer is responsible for authorizing a 30% Expansion project and it is not an item that needs to be approved by the Planning Board, unless it includes an expansion of the foundation/basement.  Jim did some research on this matter; according to several individuals including Rich Baker at the DEP, who is in charge of Shoreland Zoning, this is a correct interpretation.  Rick Viles explained that the reason that the Planning Board currently requires all 30% Expansion projects to go before them is due to the previously large turn over of Code Enforcement Officers and the Board did not want these projects to be overlooked.  However, if this is to stay the same, the wording of the existing ordinance would need to be changed.  The reason for the need of clarification on this matter for the current CEO is due to the fact that as the former CEO for the Town of Limerick, he was responsible for overseeing these projects and has asked for guidance in how to proceed for any future 30% Expansion requests.  After some discussion on this matter, it was determined that the Planning Board is comfortable with 30% Expansion projects that do not include the moving of the building, changing of the footprint area, or creation of a full basement, falling under the authority of the CEO as stated in the existing Shoreland Zoning Ordinance.  

b.      30% Expansion (Part of a previously approved plan) – David & Janet Brennan – Map 23, Lot 40
Although there was some discussion on the status of this project, it was removed from the agenda since it now falls under the authority of the CEO (refer to agenda item a. under Old Business above).

c.      Proposed Condominium Project at 802 Sebago Road –
      Dean Palli – Map 28, Lot 10
Dean Palli stated that he has submitted an application for this project
which includes a survey done by George Sawyer at Sawyer
Engineering & Survey services.  The application was reviewed for
completeness.  It was noted that the abutters list is not included with
the application; Mr. Palli will provide this information.  There was quite
a bit of discussion on this project with specific notation made regarding
the fact that the Town of Sebago doesn’t currently have Condominium
development rules in place.  Some research will be done on the
State’s Standard for Condominium Law and how the Planning Board
may proceed with addressing this project.  This research will need to
be done before the Planning Board will be able to proceed with this
application, therefore they will have this information ready to be
discussed at the next regularly scheduled meeting.  However, the
Board did advise Mr. Palli of other items that will be of concern to them
when reviewing the application, such as the square footage and floor
plans of each building, water supplies, septic system design, parking
spaces, and common areas around the buildings will need to be
identified on the plan.  The driveway entrance would have to stay the
same unless it was approved by the DOT to move it.  Mr. Palli was
advised to hold off on proceeding further until it can be determined if
indeed this project is even possible.
VI      New Business

a.      30% Expansion – Bruce & Debra Place – Map 38, Lot 20
This project was also removed from the agenda since it now falls under the authority of the CEO (refer to agenda item a. under Old Business above).

b.      Planning Board Vacancies (2 positions)
Jim Smith stated that Cathy Greene has agreed to re-join the Planning Board.  He also mentioned that Richard Merritt has expressed an interest in resigning his position as the Appeals Board Chair and joining the Planning Board.  He has not made a decision as of this date.   

There was some miscellaneous discussion regarding the Planning Board vacancies and processes.  It was noted that a new Chair will need to be appointed by the Board at the next regularly scheduled meeting to replace Rick Viles since his term is expiring at the end of this month.  There was also some discussion on having a special Town Meeting to approve/adopt the proposed Shoreland Zoning and Land Use Ordinances.  This idea will be pursued as soon as the Land Use Ordinance has been finalized.  
     No further issues were brought up for discussion.
VII      Adjournment: 8:48 p.m.
Paul White made a motion to adjourn at 8:48 p.m.  It was seconded by
         Rick Viles.  Motion carried with all in favor.

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