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Planning Board Minutes 09/09/2009

7:00 p.m.
Wednesday, September 9, 2009

I       Call to Order
        Paul White called the meeting to order at 7:02 p.m.

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

Absent: Steve Burgess

Guests present: Lyn Borst, Daniel Borst, Joe Borst, Jeff Hayman from J.T. Hayman Electrical Contracting, Don & Marilyn Loring, Carol & Ned Woodman, Laura Howard, Dan Morse, Mike & Jane Borsetti, Jim & Linda Panzera, Dean Palli.

II      Review of Minutes (August 11, 2009)
        Phil Lowe made a motion to accept the minutes from August 11, 2009.  It was seconded by Paul White.  Motion carried with all in favor.

III     Correspondence – None

IV      Open to Public Questions – None

V       New Business
NOTE: The Board decided to address New Business before Old Business as a courtesy to the guests present at tonight’s meeting.

a.      Commercial Building Expansion – Time Warner NY Cable LLC – Map 3, Lot 21-C (Represented by J.T. Hayman Electrical Contractor)
Jeff (J.T.) Hayman presented the design plan for this project.  Essentially, this is currently a block building located on Abbey Road that the Time Warner NY Cable Company wants to expand.  The plans allow for two or three employees to work out of this building.  Therefore, it will include restroom facilities and work areas to accommodate their needs.  Some discussion ensued on the details of this project.  

A Public Hearing will be held on Tuesday, October 13, 2009 at 7:00 p.m. followed by the regular Planning Board meeting.  A site walk was scheduled for Sunday, September 20, 2009 at 7:30 a.m. at the site location.  

b.      Dock Ordinance (Code Enforcement Officer Item)  
Bob DeVilleneuve spoke about his confusion regarding the permitting of docks.  He stated that it seems like we are essentially penalizing the honest people that follow proper procedures when installing a dock and request a permit to do so, as opposed to the people that just install a dock without following these steps and take the chance on “getting caught” without any fear of serious retribution for their actions.  There are no guidelines as to the size of the dock that can be installed or the length of time that it may be in place, etc.  Essentially, what Bob was saying is that a Dock Ordinance is needed in order for him to be able to enforce the rules properly.  There was quite a bit of discussion on this matter with input from several members of the audience that pertained to specific ongoing issues which currently need to be addressed.  Paul White explained that a lot of the specific issues that were being brought up tonight regarding docks are valid concerns.  However, these issues do not fall under the authority of the Planning Board, they would be enforced by the Code Enforcement Officer.  If the Code Enforcement Officer’s decision on a matter is disputed it would then go before the Board of Appeals for a resolution.  A Dock Ordinance would be something they would be involved with developing with the Code Enforcement Officer assuring compliance with the ordinance.  The need for an ordinance should be brought before the Board of Selectmen as an item that needs to be addressed.  The Board of Selectmen would then direct the Planning Board to proceed with the development of the ordinance.  It was mentioned that without an ordinance, the Code Enforcement Officer’s hands are tied in trying to enforce dock issues because the language in the existing ordinances such as the Shoreland Zoning Ordinance is too ambiguous in regards to the permitting of docks and moorings.  There was further discussion on the process of requesting that this item be brought before the Board of Selectmen.  

c.      Miscellaneous Item – Site Plan Review / 30% Expansion – Joseph & Madelyn Borst – Map 23, Lot 64
Mr. Borst explained that there are three structures on this property, a garage, the main house, and a small cottage which he would like to expand by 30% and move back from the property line, closer to the main house location.  He explained the plans for this project in detail, and answered questions from the Board members, with additional input from the Code Enforcement Officer.  The Board proceeded with the Site Plan Review to assure compliance in regards to moving the building back from the property line.  Two items that need to be addressed are as follows;  

1.      It must be stated in the documents that this building is for seasonal use only.
2.      Research and documentation on the flood plain in this location must be provided.

The Code Enforcement Officer will assure that these items have been addressed and may then issue the permit for the 30% expansion.  
d.      Miscellaneous Item – Site Plan Review – Edward (Ned) & Carol Woodman – Map 19, Lot 19
Mr. & Mrs. Woodman asked the Board to review their proposed project to determine whether it is a project that needs to be brought before the Planning Board or if it is a project that can be approved by the Code Enforcement Officer.  Essentially, they want to tear down two existing small cottages and put up one building that would consist of two separate rental units.  The existing units are grandfathered as non-conforming structures.  There was some discussion on the scope of this project.  The Board stated that a completed Site Plan Review application must be submitted if they are to review and potentially approve this project.  The Woodmans will follow-up on this with the Code Enforcement Officer.  

e.      Miscellaneous Item – Proposed Condominium Project at 802 Sebago Road – Dean Palli – Map 28, Lot 10   
Dean Palli asked to speak for a moment to the Board even though he is not actually on the agenda.  He explained that he has obtained the necessary burden of proof that he was previously told he needed to provide in order to proceed and asked just what the next steps are in the process.  Paul White explained that at this point he should be consulting with his attorney.  He further explained that we are at the point in the provision that talks about applying existing town standards.  This has been reviewed by Town Manager, Jim Smith who was formerly the Code Enforcement Officer and there may be a way this can be done.  He again suggested that Mr. Palli should speak to an attorney to see if an appropriate application can be found and then brought back to the Planning Board for consideration.  Mr. Palli asked to be added to the agenda for next month.   

VI      Old Business

a.      Planning Board Vacancies (2 positions)
It was noted that there are still two vacancies on the Planning Board.  There was some discussion on potential members and why this is a seven member board as opposed to a five member board.  Paul White stated that the town decided (and voted) on a seven member board which allows for more members to be present at a meeting when an individual member is ill or has a scheduling conflict.    

b.      Shoreland Zoning Ordinance
Paul White explained that this is still on hold after not being approved at the annual Town Meeting in June.  Unfortunately the DEP and the State of Maine have not been particularly clear about what their position is on this matter and exactly what is required at this time since the proposed ordinance was not approved by the voters.  Some discussion ensued as to how to proceed from here.  

Paul White made a motion to have the Code Enforcement Officer send the proposed “draft” ordinance to the DEP for their approval.  (After receiving the DEP approval it will be brought back to the voters for final approval and adoption.)  It was seconded by Phil Lowe.  Motion carried with all in favor.      
c.      Land Use Ordinance
Paul White stated that we need to readdress this item that was put on hold in order to complete the Shoreland Zoning Ordinance.  It needs to be finished and brought to the voters for approval and adoption.  

A workshop was scheduled for the Planning Board members to address this matter on Tuesday, October 27, 2009 at 7:00 p.m. at the Town Office building.  
d.      Miscellaneous Discussion
Miscellaneous discussion ensued regarding the fine tuning of the Planning Board application and review process.  Several ideas were broached as to how to better serve the people of Sebago.  

It was once again reiterated that non-agenda items will not be discussed in depth at any future meetings.  This stems from the Right-to-know law that provides residents an opportunity to be aware of an agenda item before the meeting.  

Paul White reminded the members that the Planning Board has been requested to attend the Board of Selectmen’s Workshop on Tuesday, September 22, 2009 at 7:00 p.m. where the Loon Echo Land Trust and the Trust for Public Land will be presenting “Conservation Plan for the Northern Sebago Lake Region”.          
VII     Adjournment
Paul White made a motion to adjourn at 8:55 p.m.  It was seconded by Phil Lowe.  Motion carried with all in favor.

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