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Planning Board Minutes 01/12/2010
MINUTES
TOWN OF SEBAGO
PLANNING BOARD MEETING
7:00 p.m.
Tuesday, January 12, 2010
TOWN OFFICE BUILDING


I       Call to Order
Paul White called the meeting to order at 7:01 p.m.

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

Guests present: Kurt Christensen, Ned & Carol Woodman, Laurence P. Minott Jr. Esq., Town Manager, Jim Smith

II      Review of Minutes (December 8, 2009)
Jim Libby made a motion to accept the minutes from December 8, 2009.  It was seconded by Phil Lowe.  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 he has been unable to locate any documentation that shows precedence as discussed at the last meeting.  There was quite a bit of discussion on whether this project should be reviewed as a subdivision or as a condominium conversion which would fall under the Condominium Conversion Act.  A memo from the Legal Services Department of the Maine Municipal Association (dated Tuesday, June 16, 2009) was used as a reference point in respect to the third sentence which pertains to the exception for reviewing a condominium conversion under a subdivision ordinance.  The first paragraph of this memo reads as follows:

“Condominium conversions often slip through the cracks because towns do not have ordinances that address them specifically.  Because the typical condo conversion entails no division of land or structures, or the placement of new dwelling units, it does not qualify as a subdivision and therefore cannot be reviewed as such.  The only exception would be if these cabins were used commercially as transient rentals and they are now being converted into residential condos, since this would arguably create new dwelling units (because of the change of use) and would therefore qualify as a subdivision.  In such a case involving a change of use, any land use requirements pertaining to the new residential use could also be applied.  In Sebago’s case, I see that the Subdivision Ordinance actually defines “subdivision” to include condominiums.  However, I do not think this can be applied to condominium conversions, because the subdivision law, 30-A M.R.S.A. 4401(4)(H-1) would not allow an ordinance to expand the definition of “subdivision” to include conversions.”  

A copy of this memo is attached to and does hereby become a part of the original set of minutes for this meeting.  Paul White explained this project does seem to meet the exception because it wasn’t an existing year round dwelling.  This would be changing the use from summer rentals with transient occupancy, which is a commercial use, to year round residential use.  Mr. Minott stated that he will confer with Mr. Palli to clarify his intentions for usage of these building units.  Mr. Minott will also check with the Code Enforcement Officers for the towns of Windham and Casco.  Both of these towns have dealt with this type of situation in the past.  He will see if he can obtain an advisory memo from them as to how the situation was handled in their towns.  The Board asked Bob DeVilleneuve to contact the Legal Department of MMA for further clarification of the exception statement as noted above and report his findings back to them.        

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  

Carol and Ned Woodman answered the Board’s questions regarding the revised (improved) site plan review application that they submitted for this project.  There were some concerns about the easements associated with this property which are being recorded at the Cumberland County Registry of Deeds.  The Board requested that copies of these recorded easements be included in the official file for this project.  Discussion ensued specifically regarding the Board’s concerns about the water supply system and the septic systems on this property.  The Woodman’s stated that they have received six variances from the State which address the setback concerns regarding the water supply system.  The Board requested that copies of these variances be included in the official file and was informed that they were verbally given to the Woodman’s with no actual documentation being given to them.  However, the Woodman’s provided copies of the water testing results from the Maine Health and Environmental Testing Laboratory with a test date of April 10, 2009 showing that the water supply is acceptable.  It was noted that the license issued annually to the restaurant is contingent upon the water test results.  This documentation will be included in the official file for this project.  The Woodman’s also provided a copy of the Subsurface Waste Disposal System Inspection report dated April 3, 2009 to be included in the official file for this project.  The Board suggested that the Woodman’s consider having the soil testing completed before proceeding; otherwise, they may find it could end up being more costly than originally anticipated to continue with this project.  Some discussion ensued on this matter and the possibility of subsequently doing a Conditional Approval contingent upon an approved septic design being submitted and verification by the Code Enforcement Officer that the water supply system is sufficient.   

A Site Walk will be held at this location on Saturday, January 16, 2010 at 8:30 a.m.

A Public Hearing will be held on this matter on February 9, 2010 in conjunction with the regularly scheduled Planning Board meeting at 7:00 p.m. at the Town Office building.  Maureen Scanlon will send out the notices of the Public Hearing to the property abutters as per the list provided by the Woodman’s in their submitted application, along with the normal newspaper notices and posting locations.    
  
c.      Eric’s Way Subdivision – Discussion on Potential Changes – Kurt Christensen – Map 11, Lots 1-1 thru 1-8

Mr. Christensen explained that he is coming before the Board this evening to inquire as to the process for addressing changes to his previously approved Eric’s Way subdivision project.  Paul White explained that he will need to submit an application and pay the basic fee but not the lot fee for each lot.  A Subdivision Ordinance review will then be performed by the Planning Board with input from the proper authorities; in this instance it would be the Fire Department, as to whether or not it is an appropriate and acceptable change.  The originally approved project included the installation of individual sprinkler systems in every house in the subdivision.  However, Mr. Christensen would like to install a fire pond instead of the sprinkler systems which he has discussed with the Fire Chief.  Mr. Christensen will need to provide documentation to the Planning Board showing that the Fire Department has reviewed and approved of his proposed change in order to receive their final approval.  

d.      Shoreland Zoning Ordinance

Maureen Scanlon distributed copies of the final draft version (dated December 2009) of this document to the Board Members for their records and final review.  She mentioned that letters will be sent to all of the individuals that asked to be notified when a new version of the document was available to let them know that they may stop by to pick up a copy of this final draft.  She also stated that she has been in contact with Mike Morse from the D.E.P. who informed her that he is satisfied with the final draft copy of this document as long as his suggested corrections were made with no problems found; which there were not.  Maureen presented a copy of the notification letter that is going to be sent out to the “Town of Sebago Landowners Whose Property is in the Mandatory Shoreland Resource Protection Zone” for approval by the Board.  The Board approved the notification letter which will be mailed out this week.  A copy of this letter is attached to and does hereby become a part of the original set of minutes for this meeting.  Public Hearing dates for the Shoreland Zoning Ordinance were set for February 9, 2010 and March 9, 2010 in conjunction with the regular Planning Board meetings at 7:00 p.m. at the Town Office building.  This ordinance will also be included with the other ordinances for review at the Public Hearing to be held on March 16, 2010.  There was some discussion on the official shoreland zoning map that will be included with the final document to be voted on by the legislative body of the Town of Sebago on May 25, 2010.  This map is being updated and will be presented at the Public Hearings.
  
e.      Land Use Ordinance

Maureen Scanlon distributed copies of the final draft version (dated December 2009) of this document to the Board Members for their records and final review.  She mentioned that letters have been sent to all of the individuals that asked to be notified when a new version of the document was available to let them know that they may stop by to pick up a copy of this final draft.  Public Hearing dates for the Land Use Ordinance were set for February 9, 2010 and March 9, 2010 in conjunction with the regular Planning Board meetings at 7:00 p.m. at the Town Office building.  This ordinance will also be included with the other ordinance for review at the Public Hearing to be held on March 16, 2010.  This ordinance will be voted on by the legislative body of the Town of Sebago on May 25, 2010.  

f.      Planning Board Vacancies (2 positions)

The Planning Board acknowledged the fact that there are still 2 vacant positions on the board.          
g.      Miscellaneous Item (Update on Brush Dump Project at the Transfer Station) – Town Manager, Jim Smith

Jim Smith addressed the Planning Board to advise them of the status of the Brush Dump.

1.      A decision has been made to have Sebago Technics move forward with the site plan changes requested by the Planning Board.
2.      Sebago Technics will continue to seek permitting from the D.E.P.
3.      The Town of Sebago will locate two (2) additional open top containers for public use.  This will help us determine volume, and use.
4.      The town will address Erosion and Sedimentation Control Measures in the spring.

VI      New Business – None

VII     Adjournment

Phil Lowe made a motion to adjourn at 8:38 p.m.  It was seconded by Jim Libby.     
Motion carried with all in favor.

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