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Planning Board Minutes 03/09/2010
7:00 p.m.
Tuesday, March 9, 2010

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: Linda May, Robert Libby, Fire Chief Ken Littlefield, Abe Parker, Selectmen; Jeff Harriman, Ann Farley, Allen Crabtree, Town Manager; James Smith, Colin Holme from LEA (Lakes Environmental Association), Ted Greene, Deb Dolan, Loren Largey, Mike Borsetti, Chris Barbour.

II      Public Hearing – Land Use Ordinance

Deb Dolan stated that she doesn’t like the map for the Land Use Ordinance.  She understands that there has to be demarcation lines, and that there are different zones, but if your property falls in a zone that you don’t want to be in, you don’t have much choice in the matter.  The Board acknowledged her concern.   

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

        Paul White closed the Public Hearing at 7:03 p.m.

III     Public Hearing – Shoreland Zoning Ordinance

        Ted Greene stated that although he sees areas of improvement in the map for the Shoreland Zoning Ordinance, he still sees a couple of areas of concern that he feels are not accurately designated and need to be addressed.  He pointed out a “swampy” bog type area on the map that literally dries up in the summer months, and a stream that is located in the Long Beach area (on the existing Rockcraft property) which is not designated on the map at all.  Jim Smith explained the process for having a currently designated area officially removed from the map.  Once a section of property has been proven not to fall under the designation guidelines then it would be acceptable to remove it from the map.  However, it is the responsibility of the property owner to prove that the property does not fall under the guidelines, and not the town’s responsibility to dispute the State supplied information.  Colin Holme (from LEA) explained that he developed this most recent version of the map for the town and proceeded to address the concerns raised by Ted Greene, he also identified another “swampy” bog type area that can be removed from the map.  Colin explained that by law the two “swampy” bog area locations are not legally required to be designated on the map due to the size of the area.  The stream in the Long Beach area is not a confluence of two streams therefore it is also not a required designated area.  The town can decide to include them as a more restrictive measure; but it can not be less restrictive than is mandated by the State.  He kept the two “swampy” bog areas on the map with the understanding that if the town would like them removed he will do so.  He also stated that if the town chooses to designate the “single” stream as being in a Resource Protection Zone, this can be done.  The ordinance document would have to reflect that addition “by name” and the specifics of the location such as how far it goes up (IE: 500 ft.) must be included.  However, he can draw the stream in on the map just for the purpose of showing its location on the map without including it in the Resource Protection Zone.  There was some discussion on how previously approved but undeveloped lots may be affected if a section of the property is now identified as being in the Resource Protection Zone.  It was suggested that Colin “fine tune” several identified areas that have already been developed and can be pulled from the Resource Protection Zone as allowed by State standards.    

Chris Barbour had questions on how this will affect her future plans to do any further developing of her property which she has been notified may be in the Resource Protection Zone.  Paul White, Deb Dolan, and Colin Holme gave Chris input as to how her property would be affected and what steps she would take in order to further develop it properly.  Basically, the Code Enforcement Officer would need to visit the site, and if necessary have the DEP come out to the site for clarification of what can or cannot be done.

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

After further discussion on the matter, Phil Lowe made a motion to remove the two “swampy” bog area locations from the map, authorize the revisions to the previously developed areas as allowed by State standards, and add the stream location for identification purposes only.  It was seconded by Joe McMahon.  Motion carried with all in favor.

A Public Hearing will be held on April 13, 2010 at 7:00 p.m. at the Town Office Building in conjunction with the regularly scheduled Planning Board meeting in order to display the final version of the official Shoreland Zoning map with the aforementioned revisions.  
        Paul White closed the Public Hearing at 7:42 p.m.

IV      Correspondence – At the request of the Town Manager, a copy of an e-mail that he received dated June 3, 2009 from John & Ann Morris expressing their concerns regarding the proposed RV Park on Hawkes Road was distributed to all Planning Board members for their information.  A copy of this e-mail letter is attached to and does hereby become a part of the original set of these minutes.  A copy will also be
        included in the Planning Board file for this project for future reference.
V       Open to Public Questions – None

VI      Review of Minutes (February 9, 2010)

Phil Lowe made a motion to accept the minutes from February 9, 2010.  It was seconded by Chuck Archer.  Motion carried with all in favor except for Paul White who abstained from the vote.

VII     Old Business

a.      Fire Chief Updates (Kenneth Littlefield)

1.      Eric’s Way Subdivision – Follow-up on Proposed Changes –  Kurt Christensen – Map 11, Lots 1-1 thru 1-8

Chief Littlefield explained that Kurt Christensen originally had opted to install sprinkler systems in the houses being built in this subdivision.  He has since asked for permission from the Fire Department to approve a change from sprinklers to a dry hydrant fire pond with the location to be determined by the Fire Chief (at a later date).  The Fire Chief agreed that this is acceptable and provided a letter to the Planning Board attesting to this fact.  The original copy of this letter will be filed in the Planning Board file for this subdivision project.   Copies of this letter will be filed in the Code Enforcement Office file and is also attached to and does hereby become a part of the original set of these minutes.  

2.      Commercial Building Expansion Project – Follow-up on Knox Box Installation & Building Inspection – Time Warner NY Cable LLC – Map 3, Lot 21-C

Chief Littlefield reported that he has completed an inspection of this building.  The Knox Box has been installed at this location and the Fire Department’s key has been put in the box which allows their entry into the building in case of a fire.  There was some discussion on the specifics of this project.   
b.      30% (Camp) Expansion – Cranney Realty Trust (Brian Cranney) – Map 42, Lot 5

A Site Walk was completed at this location on February 13, 2010.    Loren Largey answered the Board’s additional questions regarding the amount of trees being removed/replaced on the site.  

Phil Lowe made a motion to approve this project as submitted.  It was seconded by Chuck Archer.  Motion carried with all in favor.
c.      Subdivision Plan Review – Revised “Hanson Brook Valley” Subdivision – (Richard Eaton) – Map 10, Lots 11, 11A, 11-1 thru 11-5

Maureen Scanlon explained that Mr. Eaton called and asked to be removed from the agenda for tonight’s meeting.  He stated that he is completing some “fine tuning” on the Sketch Plan being submitted for this project and asked to be added to the agenda for the April 13, 2010 meeting.  

d.      Planning Board Vacancies (2 positions)

The Board acknowledged that there are still two open positions for the Planning Board at this time.  

VIII    New Business

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

There was no representative for this project present at the meeting therefore it was removed from agenda.  

Mike Borsetti stated that he attended tonight’s meeting specifically to find out what the intention was for this project.  He mentioned that this building has previously had two additions added to the original structure.  He was concerned that this project may possibly exceed the 30% Expansion Rule for a Shoreland Zone; however he has no problem with it if it is being done correctly.  The Board acknowledged his concern but stated that since there is no representative present at tonight’s meeting, they may have decided not to continue with the project.  Further discussion on the matter was not warranted at this time.   

b.      Miscellaneous Item

GPCOG – Regional Comprehensive Planning Proposal for the Lakes Region

Jim Libby explained that at the Board of Selectmen’s meeting on March 2, 2010 Neal Allen from GPCOG presented a Regional Comprehensive Planning Proposal for the Lakes Region.  Copies of the document provided by Neal (dated January 19, 2010) were distributed to the Planning Board members.  A copy of this document is attached to and does hereby become a part of the original set of these minutes.  The Board of Selectmen asked Jim Smith and Jim Libby to present this information to the Planning Board for their input on the matter.  Basically, this is to develop a regional comprehensive plan for towns in the Sebago Lake area.  It is a three (3) step process which entails;
                                   ·    Appointing a Citizen based committee
                           ·    Developing the plan
                           ·    Implementing the plan

The plan would help to streamline individual comprehensive plan   requirements, profession planning assistance, ability to compete for    
State and federal funds, and establish rules for managing growth through land use, transportation and economic issues.  No financial contribution is required to participate.  Jim Smith stated that the Board of Selectmen has chosen not to take any action on this matter at this time.  There was quite a bit of discussion on this matter with Board members expressing concerns over the fact that when Sebago joins with larger towns they tend to get left behind in the scheme of things.  It also presents the opportunity for the town to lose some of the power to control and make decisions for itself.
Paul White made a motion to recommend to the Board of Selectmen that we choose not to participate in the GPCOG Proposal at the present time.  It was seconded by Phil Lowe.  Motion carried with all in favor.     
VIIII    Adjournment

Phil Lowe made a motion to adjourn at 8:45 p.m.  It was seconded by Chuck  
 Archer.  Motion carried with all in favor.

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