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Planning Board Minutes 12/08/2009
7:00 p.m.
Tuesday, December 8, 2009

I       Call to Order
Paul White called the meeting to order at 7:04 p.m.

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

Guests present: Laurence P. Minott Jr. Esq., Ned & Carol Woodman.

II      Review of Minutes (November 10, 2009)
Phil Lowe made a motion to accept the minutes from November 10, 2009.  It was seconded by Jim Libby.  Motion carried with all in favor.

III     Correspondence – None  

IV      Open to Public Questions – None

V       Old Business

a.      Proposed Condominium Project at 802 Sebago Road – Dean Palli – Map 28, Lot 10

Mr. Minott (from Sawyer, Sawyer & Minott PA) represented Mr. Palli at this meeting.  He explained that Mr. Palli has retained his services in this matter in order to assure that the Planning Board’s requirements are met.  Paul White explained, in detail, the necessary requirements in order to proceed with the approval process.  Discussion ensued regarding the State’s Condominium Act and how it may or may not affect the town’s current ordinances.  Paul White asked Mr. Minott to provide documentation that shows precedence, or at least makes it clear to the Board members, that it is the intention of the legislature to allow this Act to be used in a rural town that doesn’t have a Condominium Ordinance.  (Or something that allows the Planning Board to do so.)  Mr. Minott will look into this matter to see if he can find information that will allow the Planning Board to proceed further.  There was further discussion on the details of this proposed project.  

This item will be added to the agenda for next month’s meeting.     

b.      Site Plan Review – Edward (Ned) & Carol Woodman – Map 19, Lot 19  

Paul White mentioned that although the Woodman’s were not present at the last meeting, there was discussion amongst the Planning Board members addressing concerns regarding this project that were not reviewed at the prior meeting.  In order to provide clarification for the Woodman’s, Paul White reviewed the items that were discussed as needing to be addressed at the October and November meetings in order to proceed with the Site Plan Review process.  The items needing clarification ranged from the required removal of the “old” building which can not be used for storage on this lot, the water supply system, and the need for including the actual size and locations of the buildings, leach beds, wells, etc. on the design plan drawings.  Paul White reviewed the provisions of the Site Plan Review Ordinance and explained how the ordinance affects this project as a non-conforming use to this non-conforming lot.  The Woodman’s were given a copy of this ordinance for their records.  Ned Woodman stated that this project would actually make it more conforming.  The Woodman’s also explained that the “old” building is no longer located on the same property lot but has actually been relocated to a completely different lot that they own.  Paul White explained that a Public Hearing will be required after the final design plan, that includes the aforementioned items, has been submitted for approval.  There was quite a bit of discussion on this project.       
c.      Eric’s Way Subdivision – Discussion on Potential Changes – Kurt Christensen – Map 11, Lots 1-1 thru 1-8

Mr. Christensen submitted a letter to the Planning Board apologizing for not being able to make it to tonight’s meeting.  In his letter he explained the changes he would like to make to the previously approved plans for the Eric’s Way Subdivision and requested that this item be included on the agenda for January 12, 2010.  

This item will be added to the agenda for next month’s meeting as requested.
d.      Shoreland Zoning Ordinance

Jim Libby reported that on December 1, 2009 the Board of Selectmen voted to include this ordinance for public review at the Public Hearing on Ordinances being held on April 27, 2010.  There was some discussion regarding the need to notify residents that own property in any new Resource Protection Areas.  There was also some discussion regarding the concern previously brought up by a resident in respect to the map itself.  It was noted that we have not heard back yet from the Department of Environmental Protection as to the status of their review of the town’s proposed ordinance.     
e.      Land Use Ordinance

The Planning Board submitted Land Use Ordinance changes to Maureen Scanlon for editing.  Paul White reviewed these changes and asked her to have the new draft copies available for the next workshop which will be held on Tuesday, December 22nd at 7:00 p.m.  

f.      Planning Board Vacancies (2 positions)
(1 resignation tendered & 1 new member appointed by the Board of Selectmen)

Resignation – Steve Burgess’ letter of resignation was tendered to the  
                        Planning Board.

Appointment – Charles Archer was appointed to the Planning Board by
the Board of Selectmen on December 1, 2009.  Mr. Archer was unavailable for tonight’s meeting but does plan on attending in January.   

The Planning Board acknowledged the fact that there are still 2 vacant positions on the board.  In regards to what constitutes a majority for a quorum in the instance of having two vacant Board positions, Jim Libby stated that the Board of Selectmen have advised him that it is considered a majority of the members that are available.  

VI      New Business – None

VII     Adjournment

Phil Lowe made a motion to adjourn at 8:30 p.m.  It was seconded by Jim Libby.     
 Motion carried with all in favor.

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