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Planning Board Minutes 05/11/2010
7:00 p.m.
Tuesday, May 11, 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: Town Manager, James M. Smith III, Richard Eaton, Kurt Christensen.

II      Correspondence

        Maureen Scanlon reported that there are no correspondence items this month; however, she mentioned that the Planning Board meeting for June 8, 2010 will be held in the small conference room due to the State Election being held in the large conference room on that date.  
III     Open to Public Questions – None

IV      Review of Minutes (April 13, 2010)

Phil Lowe made a motion to accept the minutes from April 13, 2010.  It was seconded by Chuck Archer.  Motion carried with all in favor.

V       Old Business

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

Dick Eaton reviewed, in detail, the revisions that he intends to make to his existing subdivision plan.  There was quite a bit of discussion regarding the volume of wetland area located in this subdivision plan and how that may affect the size of the lots.  Dick mentioned that he has seen other towns handle this situation by considering the wetland area as unbuildable land and is not considered into the equation when determining how much land is required for each lot.  This is how he determined the boundaries for each of the lots in his plan.  He has included a “hammer head” at the end of the proposed roadway leading through the subdivision in order to create a “turn around” for the residents to use when necessary.  He has created the contour map and submitted it to his engineer who is now going to do the storm water run-off calculations, erosion control plan, etc.  The geologist and the wetlands professional will then do their reports on the soils and test pits.  The “sketch” plan for the next phase of this process will include the proposed building sites/envelopes for each lot, as per the ordinance requirements.  Dick also intends to include information on how much of the wetlands he will be disturbing on the site which will be as minimal as possible.  There was some discussion regarding the potential need for the Department of Environmental Protection’s approval for this project.  It was stated that it is not required for this project because it does not fall under their guidelines.  

After further discussion regarding the 15% Rule for wetlands on a parcel of land; the following section of the existing Subdivision Ordinance was reviewed and considered by the board members:

“Where the Planning Board finds that extraordinary and unnecessary hardships, not self-imposed, may result from strict compliance with these regulations, or where there are special circumstances of a particular Plan, it may waive any of these regulations provided that such waiver will not have the effect of nullifying the purpose of these regulations, the Comprehensive Plan, the Shoreland Zoning Ordinance, or any other ordinance.”

Paul White made a motion to waive the application of the 15% Rule for this subdivision application.  It was seconded by Phil Lowe.  Motion carried with all in favor.   
This project will be added to the agenda for the June 8, 2010 meeting.    

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

Mr. McGonagle was not present at this meeting; therefore this item was removed from the agenda.

c.      Eric’s Way Subdivision – Kurt Christensen – Map 11, Lots 1-1 thru 1-8

Kurt Christensen stated that he is following up on his previous proposal to make a revision to the Eric’s Way Subdivision plan.  Kurt stated that he spoke with Fire Chief Ken Littlefield who has agreed to the idea of using a fire pond for fire protection as opposed to installing sprinkler systems in each of the buildings being constructed.  A letter from the Fire Chief attesting to this fact was previously submitted at the March 9, 2010 meeting and is included in the file for this project.  There was discussion regarding the Board’s request to have the proposed fire pond approved by an Engineer.  Their thought process is that the Fire Chief has provided his expertise on the fire safety issues and an Engineer should provide his or her expertise on the engineering aspects regarding the adequacy of the pond for fire protection use.  There was quite a bit of discussion on this matter ranging from internal sprinkler systems, versus fire ponds, versus underground reservoir tanks.  Kurt mentioned that the actual location of the fire pond has not been determined by the Fire Chief yet, and the possibility of using the existing pond on John Lucy’s apple orchard was one of the ideas discussed.  This means that the fire pond would not actually be located on the property of the Eric’s Way subdivision.  

The Planning Board asked Maureen Scanlon to check with the Fire Chief on how he determines what is adequate for a fire pond and report back to them.

Kurt was advised by the board that he has not actually submitted a new application (which includes additional fees) for the requested changes to this subdivision and he will need to do this before proceeding any further.

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

Jim Smith submitted a copy of the letter he received from Neal W. Allen, Executive Director of GPCOG, dated April 23, 2010.  A copy of this letter is attached to and does hereby become a part of the original set of these minutes.  He stated that this letter requests that a representative from Sebago serve on the Design Team for the Lakes Region Planning Initiative project.  There was quite a bit of discussion on this subject especially regarding the fact that the Planning Board has been advised that the Board of Selectmen verbally notified Mr. Allen that the Town of Sebago does not wish to participate in this process.  It was unclear as to whether this was relayed to Mr. Allen before or after the date of his letter.  

The Planning Board suggested to Jim that perhaps the Board of Selectmen should send a formal “Refusal to Participate” letter to GPCOG with copies being sent to other town managers so that they are aware of Sebago’s official standing on the matter.  It was also suggested, if appropriate, to state in the letter that a representative will attend the meeting to observe the process, but that we will not actually be participating.  Jim will relay this suggestion to the Board of Selectmen.    
e.      Planning Board Vacancies (2 positions)

The Board acknowledged that currently there are still two open positions for the Planning Board; however, Jim Libby’s term expires on June 30, 2010 which will leave three vacant positions as of that date.  There was some discussion on prospective members.  

VI      New Business

a.      Review of Dock/Pier Permitting Procedures
This item was removed from the agenda.

VII     Adjournment

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

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