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Planning Board Minutes 08/11/2009
7:00 p.m.
Tuesday, August 11, 2009

I       Call to Order
Paul White called the Transfer Station Expansion Project Public Hearing to order at 6:58 p.m.

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

Guests present: Charlie Brown from Sebago Technics, Abe Parker, Lorraine LaForte, Carrie Walia from Loon Echo Trust, Jim Gooch from The Trust for Public Land, Don Olden Sr., Al Philipchik, Owen Williams, Beth Marchinkoski, John L. Hart, Public Works Director, Dan Nowell, Selectmen; Jeff Harriman, Ann Farley and Allen Crabtree, Steve Girardin, George Netch, Emma Shute, Town Manager, Jim Smith, Dean Palli, Linda Horowitz, Ken Hoch, Steve Titcomb, Laura Howard.
II      Review of Minutes (May 12, 2009, June 9, 2009 & July 14, 2009)
        Phil Lowe made a motion to accept the minutes from May 12, 2009, June 9, 2009, and July 14, 2009.  It was seconded by Steve Burgess.  Motion carried with all in favor.

III     Correspondence – None

IV      Open to Public Questions – None

V       Old Business

a.      Public Hearing – Transfer Station Expansion Project –
Map 2, Lots 24 & 25
Charlie Brown from Sebago Technics presented the plan for the proposed Transfer Station Expansion Project.  He reviewed the design for this project in detail.  He explained that there will be a designated area for the disposal of yard waste materials.  In addition, there will be four other areas that will be in a graded area with till type soil in the base of it and concrete barriers.  These four additional areas will be designated as follows;  Area 1 – Construction Debris, Area 2 – Wallboard, Area 3 – White goods, Area 4 – Shingles, roofing, etc.  Charlie proceeded to address areas of concern that were brought up at the preliminary meeting and during the site walk that was held on August 8, 2009, such as a stockade fence and gate that will be installed at the Long Hill Road entrance as a site barrier.  Charlie Brown answered questions from the audience.  One person asked “what is the actual purpose of the Long Hill Road entrance”?  Charlie explained that this entrance is designated as an access entrance for the contractor that will be picking up waste products from the site and is not intended for use by the general public.  Steve Girardin asked if the materials will be stored in dumpsters or just on the ground and how will the material be removed from the site.  Charlie explained that the materials will be contained by concrete barrier sections and will be removed by a contractor.  Emma Shute suggested holding off on doing this project until the country’s economy is in better shape.  She stated that for the time being people can continue to bring their debris to the Bridgton Waste Disposal facility.  Al Philipchick stated that he has asked the Selectmen for seven years for a place to dispose of his brush debris.  He explained that the residents of the Long Beach area are very hard pressed for this since they really have no where to dispose of their yard debris.  There was some discussion on these valid issues.  Paul White explained that these issues are best addressed at a Selectmen’s meeting.  The proposal for this project has been brought by the Selectmen before the Planning Board specifically for review to make sure it meets the criteria of the Site Review Ordinance.  It is up to the Selectmen (not the Planning Board) whether or not to pursue the project.  Tonight’s meeting is to specifically see if the scope of the project meets the technical requirements as per the Town’s ordinance.  Abe Parker demonstrated a “plan design” that he feels would be less of an “eyesore” from the roadway.  Discussion ensued on Abe’s recommendations and his additional comments on the work he previously performed at this location as the former Road Commissioner.  Once again, there were additional comments and questions from the public regarding items such as funding, manpower, and the actual need for this facility which were heard with the understanding that this is not the forum for these comments.  Technical questions from the Planning Board and the members of the public regarding this project were answered by Charlie Brown from Sebago Technics with additional input from Public Works Director, Dan Nowell and Town Manager, Jim Smith.  These issues covered items such as the amount of gravel that will be needed at the site, snow removal, storage and removal of materials, potential manpower needs and operational procedures.  

Jim Libby expressed several concerns that he feels need to be addressed.  His first concern is the area where the waste (material) removal contractor will enter the site from the lower access gate.  He feels as though it is not long enough for large trucks to be completely off of Long Hill Road and suggested moving the access gate back further to accommodate these long trucks.  Another concern is the steep grade of the upper access roadway that leads down into the site location.  He also spoke about his concerns regarding excavation work that has already been done, and the potential for water drainage and leaching from the previously capped landfill.  There was quite a bit of discussion regarding the concerns that Jim Libby broached this evening.  

Allen Crabtree spoke in order to clarify some of the confusion between the role of the Board of Selectmen versus the role of the Planning Board in proceeding with this project.  No further items were brought up for discussion by the members of the public.  

Paul White closed the Public Hearing at 8:04 p.m.

Jim Libby made a motion to table this item until the Board of Selectmen receives more information as to the true cost of completing this project.  It was noted that it is a normal procedure for the Planning Board to require a contractor to show evidence of being able to complete a project.  After further discussion regarding the roles of the Board of Selectmen versus the Planning Board pertaining to this project, Jim Libby withdrew the motion.  

There was quite a bit of discussion as to whether or not the interior access road to this location should be treated as a driveway or as a roadway which must meet more stringent criteria.  

Paul White reviewed the items of concern that were identified at this meeting which will need to be addressed before the Planning Board gives their final approval to the project.  These items are as follows:
ü           Provide 100 ft. access area for large trucks at the lower gate entrance in order to get them off the (Long Hill) road, with a gate that swings inward.
ü           Provide grading as designated at the upper level entrance which will provide a level area at the top of this entranceway.

Jim Libby made a motion to treat the upper level entranceway to this location as a road that meets the existing road standards and not as an internal driveway entrance.  (This means that it must include an 8% grade with a 50 ft. leveled off area at the top.)  It was seconded by Phil Lowe.  Motion carried with Jim Libby, Joe McMahon, and Phil Lowe all in favor, Paul White opposed, and Steve Burgess abstaining from the vote.

Jim Libby made a motion to require a 100 ft. setback at the Long Hill Road (lower) entranceway with a buffer and a stockade fence/gate to block the view.  It was seconded by Phil Lowe.  Motion carried with all in favor except for Steve Burgess who abstained from the vote.  

There was more discussion regarding the potential drainage issues at this location.  

b.      Planning Board Vacancies (2 positions) & Appoint a New  Planning Board Chair
Maureen Scanlon mentioned that she recently spoke to Cathy Greene regarding the possibility of her rejoining the Planning Board as a full member.  Cathy explained that she is unable to rejoin as a full member at this time but will review the agendas that are posted on the town’s website.  If she sees an item on the agenda that she feels she would be able to give some historical knowledge on, she will plan on attending the meeting as a member of the audience where she will contribute any pertinent information for consideration by the board members.  Therefore, there are still two vacant positions on the Planning Board as of this date.  

Phil Lowe made a motion to appoint Paul White as the Planning Board Chair.  It was seconded by Jim Libby.  Motion carried with all in favor.  Paul White agreed to accept the position.  

c.      Condominium Ordinance
This item was combined with the next item on the agenda.
d.      Proposed Condominium Project at 802 Sebago Road –
Dean Palli – Map 28, Lot 10
Jim Smith stated that he did some research on this matter and found that this project could fall under the laws of the Subdivision Ordinance as a division of property by buildings, not by land.  He referenced examples of how this has been addressed in the past in this town (Edgewater Condominiums) and in other towns.  Essentially, the buildings were sold separately with the land in common to all buildings.  

Jim Libby stated that he looked at the Edgewater Condominium project and found that this project consisted of a series of 5,000 to 8,000 sq. ft. lots that dated back to the 1900s.  Apparently these lots were combined and some additional property was added so that leach beds could be installed before selling off the properties as condominiums.  He does not see where this would be the case for Mr. Palli’s project.  
There was quite a bit of discussion on this matter.  Paul White stated that he believes that it may be appropriate to apply the State of Maine’s Condominium Act for this project.  However, he is looking for the language in the Act that states that a town may apply the State’s Condominium Act in the absence of a Condominium Ordinance for the town.  Jim Smith stated if the Condominium Ordinance does not apply that this would then fall under a Site Plan Review and not the Subdivision Ordinance; but he will follow up with the legal department of the Maine Municipal Association for further clarification on this matter.  The Board stated that the applicant has the burden of proof to prove that his project can be completed.  This may be shown by bringing forth another case in which a town was able to move forward legally on a project (such as Mr. Palli is proposing) when they also had the situation where a Condominium Ordinance was not in existence.  Mr. Palli will do some research on this matter and report his findings back to the Board.   

Mr. Palli stated that as previously requested from the Planning Board he has submitted an updated survey plan showing the existing septic systems for his property and the names of the abutters.  This updated survey is included in the Planning Board’s documentation file for this project.
e.      Shoreland Zoning Ordinance
To be addressed at the next regularly scheduled meeting.
f.      Land Use Ordinance
To be addressed at the next regularly scheduled meeting.

VI      New Business

a.      Loon Echo Land Trust and The Trust for Public Land Presentation – “Conservation Plan for the Northern Sebago Lake Region”
Due to time constraints this item was removed from the agenda.  The Board of Selectmen invited the Planning Board members to attend their workshop on Tuesday, September 22, 2009 at 7:00 p.m. for this important presentation.  

b.      Discussion on Release of Meeting Minutes  
Maureen Scanlon stated that she was told by the former Town Manager, Robert Nicholson, to release (and post on the town’s website) the minutes from the Planning Board meetings as soon as they were typed and before they were actually approved by the Planning Board.  She expressed concern that by following this procedure, she is essentially being held responsible for accuracy of the minutes without approval by the board members.  The Planning Board has asked Maureen to discontinue the releasing (and posting) of the meeting minutes until after they have been approved by the Planning Board.

c.      September 8, 2009 Planning Board Meeting (Town Office Closed   
for the Labor Day Holiday)
Maureen Scanlon brought it to the attention of the Planning Board that the next regularly scheduled meeting is to be held on Tuesday, September 8, 2009.  The Town Office will be closed for business on that date due to the observance of the Labor Day holiday.  Since the Town Office is always closed on Mondays it is necessary to observe the holiday on the next day.  Otherwise, the employees would not be able to use their holiday and would essentially be paid overtime for working that day.  The Board decided to hold their next regular meeting on Wednesday, September 9, 2009 at 7:00 p.m.  This change in meeting date will be advertised in the Bridgton News and Weekly Shopping Guide publications, and in the regular posting locations throughout town.  

VII      Adjournment
Phil Lowe made a motion to adjourn at 9:42 p.m.  It was seconded by Paul White.  Motion carried with all in favor.

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