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Planning Board Minutes 04/13/2010
7:00 p.m.
Tuesday, April 13, 2010

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: Michael T. McGonagle, Richard Eaton, Arden Smith, Marianne Small, Peter & Kathy Greene, Ted Greene.

II      Public Hearing – Shoreland Zoning Ordinance

        Copies of the “planning draft” version of the official Shoreland Zoning Map were distributed to members of the audience for their review.  A copy of this map is attached to and does hereby become a part of the original set of these minutes.

        Paul White asked if anyone had any questions or comments regarding the Shoreland Zoning Ordinance.  Arden Smith asked about the regulations along the Long Beach area.  She stated that when she was a child, you could walk along the whole length of the beach without being told that the police were going to come and arrest you for doing so.  However, this does not seem to be the case any longer and she is concerned about this fact.  Paul stated that this is a separate issue than what is on the agenda for tonight’s public hearing.  This public hearing is to discuss the proposed Shoreland Zoning Ordinance that is scheduled to be voted on by the legislative body during the municipal election on May 25, 2010; and specifically to answer any questions regarding the revisions made to the official map.  Paul explained further that Arden’s concern is related to policing issues along the Long Beach shoreline area.  This is not an item that would be covered by the Shoreland Zoning Ordinance.  However, he suggested that Arden speak to the Board of Selectmen about her concerns which pertain more to property rights and not zoning regulations.          

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

       Paul White closed the Public Hearing at 7:02 p.m.

III     Correspondence – Maureen Scanlon distributed copies of the Winter 2010 edition of the Shoreland Zoning Newsletter that she just received from the DEP to the Planning Board members.  A copy of this newsletter is attached to and does hereby become a part of the original set of these minutes.

IV      Open to Public Questions – None

V       Review of Minutes (March 9, 2010)

Phil Lowe made a motion to accept the minutes from March 9, 2010.  It was seconded by Chuck Archer.  

Jim Libby stated that he had a concern regarding the Eric’s Way Subdivision issue that Fire Chief Ken Littlefield spoke about at the last meeting.  He expressed concern that Kurt Christensen still needs to come before the Planning Board with a revised plan and the fact that the Fire Chief came before them at the last meeting does not meet the requirements of providing a revised plan.  Paul White stated that Kurt has made changes to previous subdivision plans and therefore he believes that he understands that he still needs to provide the revised plan documentation with a formal request to make the changes to the original subdivision plan.  This will be addressed by the Code Enforcement Officer, if necessary.    

Motion carried with all in favor.

VI      Old Business

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

Richard Eaton explained, in detail, the changes that have already been made to the original subdivision plans, and the proposed changes that he is seeking to have approved.  The original set of plans for this subdivision project was compared with the new set of plans by the Planning Board members.  

Peter & Kathy Greene explained that they are the current owners of Lot 5 in this subdivision.  They expressed concern over any proposed changes to, or sale of, Lot 6 for which they reserve the “right of first refusal” in purchasing this parcel of land.  Mr. Eaton explained that he and his wife intend to retain ownership of Lot 6 for themselves with no changes made to it.  He agreed that if he were to sell or make changes to the property lines, that the Greene’s do have the “right of first refusal”.  The Greene’s stated that they had no further concerns regarding this project.  
It was determined that the lot of land that Mr. Eaton broke off of the original subdivision plans and sold to his stepdaughter (his wife’s daughter) is legal since it was sold to a family member.  The two additional lots that were subdivided after the required five year period were sold to property abutters; which is also legal since he has come before the Board within one calendar year.  There was some discussion on the additional new lots that Mr. Eaton is proposing to create and the proportion of wetlands on each lot.  There was also some discussion on the fees that Mr. Eaton will be responsible to pay.  He stated that he has five lots that he is looking to have approved.  The fees would include a cost of $100.00 per lot and an additional fee of $5.00 per acre in each lot.  Mr. Eaton has already paid the $35.00 application fee.  

This project will be added to the agenda for the May 11, 2010 meeting to review the Preliminary Plan, if it is available at that time.      

b.      Follow-up Discussion on GPCOG’s Regional Comprehensive Planning Proposal for the Lakes Region

Phil Lowe stated that he generally still feels that this is not what this town needs at this point, but we should keep an eye on what is happening in this process.  He suggests that someone from the town should participate to observe the process and that the town can always “opt out” if necessary.  There was quite a bit of discussion on this matter with the Board agreeing to request the presence of the Town Manager at the next meeting to further discuss their recommendation to the Board of Selectmen on how to proceed.

Maureen Scanlon explained that she followed-up on a request to speak to her contact Rebeccah Schaffner, Regional Planner, at the Greater Portland Council of Governments regarding the “life” of the town’s Comprehensive Plan.  Rebeccah stated that they used to consider Comprehensive Plans as “open-ended”.  However, there is now a “Sunset Clause” which makes it no longer “open-ended”.  Therefore, GPCOG would like to have a new/updated Comprehensive Plan from the town every ten years.  
The Board agreed that it would be nice to have the current plan at work for a few years to “work the bugs out” before having to update it.  At this point if the Land Use Ordinance is adopted on May 25, 2010 then the Comprehensive Plan would need to start being updated/revised in 2014 or 2015 for adoption in 2016.  

c.      Planning Board Vacancies (2 positions)

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

VII     New Business

a.      Proposed Subdivision – Map 20, Lot 6 – (Michael T. McGonagle)

Michael McGonagle explained that he is interested in purchasing the “Rockcraft” property that already contains a five lot subdivision that was originally approved in 1991.  However, he would like to dissolve this subdivision that was never developed by the property owners.  He would like to subdivide the existing Lot 6 on Sebago Tax Map 20 into three lots and combine the acreage that was previously approved as a subdivision into one lot separate from the three new lots.  A copy of Sebago Tax Map 20 showing the existing conditions is hereby attached to and does become a part of the original set of these minutes.  Copies will also be included in the Planning Board and Code Enforcement files for this project.  Since Mr. McGonagle has not actually purchased this property yet, there was quite a bit of discussion on what changes may or may not be “potentially allowed” on this parcel of land.  It was stated that if Mr. McGonagle wishes to proceed further with this process, he will be required to formally submit his subdivision application with the $35.00 fee.  In doing so he will have started the process before the new “Land Use and Shoreland Zoning Ordinances” have been adopted by the legislative body of Sebago on May 25, 2010 (if they are voted in at the municipal election), therefore, his project will be “grandfathered in” under the existing ordinances and will be subject to the existing regulations as of this date.  Mr. McGonagle stated that he did indeed intend to proceed with the application.  He will send a check for the $35.00 fee in the mail since the Town Office is closed at this time and he is unable to make the payment right now.  

Phil Lowe made a motion to accept the application for the project with the understanding that the $35.00 fee will be paid promptly.  It was seconded by Joe McMahon.  Motion carried with all in favor.  

This project will be added to the agenda for the May 11, 2010 meeting.

Mr. McGonagle’s $35.00 application fee was paid in full on April 15, 2010.      

b.      Transfer Station – DEP Application to have a Pilot Program for Brush & Leaf Disposal – (Review Information from Town Manager, James M. Smith III)

Maureen Scanlon stated that Town Manager, Jim Smith was unable to attend tonight’s meeting.  In his absence, he asked her to explain to the Board that he has requested approval from the Maine DEP to start a “Pilot Program for Brush and Leaf Disposal” to determine usage in order to make an informed decision whether or not to proceed with the Yard Waste Disposal Facility at the existing Transfer Station.  Mr. Smith intends to keep the Planning Board apprised of the details of this project as they progress.  Copies of a letter that Jim has sent to Randy McMullin at the Maine DEP with his request were distributed to the Planning Board members for their review.  A copy of this letter is attached to and does hereby become a part of the original set of minutes.  Copies will also be included in the Planning Board and Code Enforcement files for this project.  
VIII     Adjournment

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

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