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Planning Board Minutes 02/09/2010
MINUTES
TOWN OF SEBAGO
PUBLIC HEARINGS &
PLANNING BOARD MEETING
7:00 p.m.
Tuesday, February 9, 2010
TOWN OFFICE BUILDING


I       Call to Order

Paul White called the meeting to order at 7:00 p.m.

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

Guests present: Abe Parker, Rick Viles, Ned & Carol Woodman, Brian & Sheila Cranney, Diana Letellier, Tina Vanasse, Mike Borsetti, Sandra Shriver, Bruce Doughty, Ted Greene, Deb Dolan, Davey Crawford, Richard Eaton, Loren Largey, Selectmen; Jeff Harriman and Allen Crabtree.

II      Public Hearing – Site Plan Review – Edward (Ned) & Carol Woodman d.b.a.  
                                        The Beeches Lodge – Map 19, Lot 19

No issues were brought up for discussion by the members of the public regarding this item.

Paul White closed the Public Hearing at 7:01 p.m.
 
III     Public Hearing – Land Use Ordinance

Paul White answered questions regarding the process for implementing this ordinance.  Copies of the most recent draft version of this ordinance were available for interested parties.  It was explained that several Public Hearings have been and are continuing to be held on this ordinance in preparation of it being on the ballot and voted on as a referendum question during the May 25, 2010 Municipal Election.

No further issues were brought up for discussion by the members of the public regarding this item.

        Paul White closed the Public Hearing at 7:08 p.m.




IV      Public Hearing – Shoreland Zoning Ordinance

        In response to a question asking for clarification on what the “Notification to Landowners Whose Property is in the Mandatory Shoreland Resource Protection Zone” letter means, Bob DeVilleneuve explained that this is a notification required by the Department of Environmental Protection to inform property owners that according to the Shoreland Zoning Map their property may be located in a Shoreland Resource Protection Zone.  This letter was not sent to every property owner in Sebago, only those that have been identified as potentially having property located in a Resource Protection Zone.  Basically, if a property owner is planning to do any building on their property they need to be aware of the fact that there may be additional setback regulations that they would need to adhere to in order to comply with protecting these areas.  The existing Base Map that was originally developed by the State of Maine in 1973, with the Preliminary Shoreland Zoning revisions that were made in 1991, was displayed for reference.  The Town of Sebago is in the process of having an updated version of this map developed.  Anyone interested in being notified when this new map has been completed and available for review was asked to sign up on the provided notification sheet.  There was quite a bit of discussion on this matter.  It was noted that if a property owner believes that their property is incorrectly identified as being in a Resource Protection Zone, they have the option of presenting their case to the Department of Environmental Protection for removal from this zone.  This is an ongoing process that can be done either before or after the actual Shoreland Zoning Ordinance has been adopted and implemented.  

Copies of the most recent draft version of this ordinance were available for interested parties.  It was explained that several Public Hearings have been and are continuing to be held on this ordinance in preparation of it being on the ballot and voted on as a referendum question during the May 25, 2010 Municipal Election.  It was noted that the Department of Environmental Protection has reviewed this document and their recommendations for further clarification revisions have been incorporated into this final draft version.  If this ordinance is not approved by the legislative body in May, the DEP does have the authority to mandate and enforce their provisions which are essentially addressed in this document.      

        No further issues were brought up for discussion by the members of the public regarding this item.

        Paul White closed the Public Hearing at 7:37 p.m.

V       Correspondence – None

VI      Open to Public Questions – None

VII     Review of Minutes (January 12, 2010)

Phil Lowe made a motion to accept the minutes from January 12, 2010.  It was seconded by Chuck Archer.  Motion carried with all in favor.

VIII    Old Business

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

This project was reviewed for final approval.  Mr. & Mrs. Woodman provided two documents to be included in the official file for this project as follows;

1.      Addendum to Setback Waiver issued on 4/29/2009 for The Texas Rose Café PWSID: ME002989 dated February 2, 2010 from the Maine Center for Disease Control and Prevention’s Department of Health and Human Services.
 
2.      Final Approval for New Water Supply Well for Texas Rose Café PWSID #ME0002989 dated April 29, 2009 from the Maine Center for Disease Control and Prevention’s Department of Health and Human Services.

Phil Lowe mentioned that since the old buildings have already been removed from the property it makes it difficult to verify the actual original square footage in order to allow for the replacement amount of square footage for the new building.  He suggested that if any future changes are made to the buildings on this property, that the old buildings remain in place until the square footage of the building is verified by the Code Enforcement Officer.  Since there are existing photos of the old buildings that were removed from this property showing the size of the buildings; the Planning Board will accept them as proof of their former existence.  

There was some discussion regarding the ownership of Marathon Avenue itself.  The Woodmans stated that Marathon Avenue is not a public road because it was “deeded out prior to the streets being included in the original Subdivision Plan of Sebago Beach”.  A copy of the Warrant from the Special Town Meeting held on June 27, 1973 was submitted for the official file.  Article 2 states that it was “To see if the town will vote to accept the following Town Ways as laid out by the Selectmen….”  Specifically Article 2.2 states “That portion of Marathon Avenue beginning on the southwesterly side line of State Highway Route 114 and extending in a southwesterly direction two hundred (250) feet.”  According to the Woodmans this document was approved by the legislative body of the Town of Sebago to allow maintenance only of the roadway and did not transfer ownership.  

Phil Lowe made a motion to approve the application for this project with the understanding that the prior requested items of the soil test results are submitted to and approved by the Code Enforcement Officer and the recorded easements be submitted for the official file.
It was seconded by Joe McMahon.  Motion carried with all in favor.  
     
b.      Proposed Condominium Project at 802 Sebago Road –             Dean Palli – Map 28, Lot 10

There was no representative for this project present at the meeting  
 therefore it was removed from agenda.
  
c.      Planning Board Vacancies (2 positions)

Paul White acknowledged that there are still two open positions for the Planning Board for anyone that may be interested in joining.  

VIIII   New Business

a.      30% (Camp) Expansion – Cranney Realty Trust (Brian Cranney) – Map 42, Lot 5

Brian Cranney reviewed the 30% Expansion project plans that he would like to complete on his property located at 610 Hancock Pond Road.  Loren Largey will be the contractor for this project and was present to address the board’s questions/concerns.  Bob DeVilleneuve also explained some of the details of the project.   

Discussion ensued regarding the need for an Erosion Plan for this project.  The Cranneys will provide the Erosion Plan as requested.  

A Site Walk was scheduled for this location on Saturday, February 13, 2010 at 8:00 a.m.  

A Public Hearing will be held on this matter on March 9, 2010 in conjunction with the regularly scheduled Planning Board meeting at 7:00 p.m. at the Town Office building.  The Cranneys will provide the list of abutters to Maureen Scanlon for notification.  It was noted that the Cranneys will be responsible for the newspaper notification advertisements in addition to the cost of the certified mailing cost to the abutters.  


NOTE:  It was subsequently determined that a Public Hearing is not
             warranted for this project therefore it will be added to the
             agenda for next month for final approval consideration under
             the “Old Business” section.

b.      30% (Camp) Expansion – Paul & Patricia Lamont Trustees (Ray Sylvester from Blue Heron Building & Design Consultants) – Map 32, Lot 30

It was noted that this property is no longer owned by Paul & Patricia Lamont.  The new owners are Sean & Amelia Walsh.  

At the request of the property owners, this item was removed from the agenda and will be added to the agenda for next month’s meeting.

c.      Subdivision Plan Review – Revised “Hanson Brook Valley” Subdivision – (Richard Eaton) – Map 10, Lots 11, 11A, 11-1 thru 11-5

Richard Eaton stated that he has a previously approved “Hanson Brook Valley” subdivision off of the Convene Road that was done nine years ago.  He explained what was previously approved and what revisions he would like to make to his original plan.  However it was noted that two additional lots were split from the remaining larger lot that were not subsequently approved as a revision to the original subdivision plan.  Paul White explained to Mr. Eaton that once a property has been subject to a subdivision, it can only be revised by bringing it before the Planning Board again for approval of the revisions.  There was quite a bit of discussion on how to proceed in order to address what revisions were already made to the property without prior Planning Board approval and to assure that the future revision are properly addressed.  Paul White asked Bob DeVilleneuve to check with the legal department of Maine Municipal Association to advise the Planning Board as to the proper procedures to be taken in order to help Mr. Eaton proceed with his subdivision revisions while also addressing the matter of the unapproved existing revisions.  Paul White suggested that Mr. Eaton decide what additional revisions he would like to make in the future and have them approved in order to avoid having to go through the whole subdivision approval process multiple times.  Mr. Eaton was advised to complete a Subdivision Review Application which is in the Subdivision Ordinance in order to proceed with his revision requests while the town proceeds with obtaining legal advice in how to proceed properly.     




X        Adjournment

Phil Lowe made a motion to adjourn at 8:58 p.m.  It was seconded by Joe   
 McMahon.  Motion carried with all in favor.

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