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Planning Board Minutes 06/08/2010
MINUTES
TOWN OF SEBAGO
PLANNING BOARD MEETING
7:00 p.m.
Tuesday, June 8, 2010
“OLD” TOWN HALL BUILDING

NOTE: The meeting location was originally changed to accommodate the ongoing       
             State Election in the large conference room.  However, it was changed again  
             from the small conference room at the Town Office Building to the lower level  
  of the “Old” Town Hall Building to accommodate the large turnout of  
  guests present.
            
I       Call to Order

Paul White called the meeting to order at 7:02 p.m.

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

Guests present: Richard Eaton, Sam & Jan Minervino, Bruce Weymouth, Claire O’Shea, Ted & Sandra Harriman, Bill & Linda McDade, Roger & Gwen Mercaldi Jr., Roger & Donna Jones, Beatrice Rogers, Robert Rayner, Kathleen McDade, Steven Hatch, Heather Jones, Les & Bev White, Steven McCandless, Joe & Sherry Miller.

II      Correspondence – None
                
III     Open to Public Questions – None

IV      Review of Minutes (May 11, 2010)

Phil Lowe made a motion to accept the minutes from May 11, 2010.  It was seconded by Chuck Archer.  Motion carried with all in favor except for Paul White who abstained from the vote.

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 updated the Planning Board members on the status of this project.  He explained that his engineer expects to have his design of the road plan completed next week; this will be submitted at the next meeting.  This report will also include the erosion control plan and other pertinent information that was requested by the Board.  Paul White reminded Dick that the Board is looking for the following three things to be included with his submission.  

1.      The crossing of wetland locations
2.      The building envelopes
3.      The driveway locations

Dick confirmed that these items will be included in the Preliminary Plan that he will be submitting at the next meeting.  He stated that he will be submitting a letter from a professional engineer attesting to the fact that this project does not require additional permitting from the Department of Environmental Protection regarding the wetlands.  A site walk will be scheduled at the next meeting after the Preliminary Plan has been reviewed.  Dick will be following up with Maureen Scanlon and Bob DeVilleneuve to assure the additional fees for this project are paid in full.   

This project will be added to the agenda for the July 13, 2010 meeting.    

b.      Follow-up discussion on Eric’s Way Subdivision Fire Pond Issue – Fire Chief Kenneth Littlefield/Maureen Scanlon – Map 11, Lots 1-1 thru 1-8

As requested by the Board at the May meeting, Maureen Scanlon stated that she spoke with Fire Chief Littlefield regarding the fire pond adequacy issue.

The Fire Chief presented her with a (draft) proposed ordinance entitled “Town of Sebago Fire Hydrant Ordinance” and stated that if this ordinance is adopted by the town, it will negate the need for the use of fire ponds.  He explained that he is going to be pursuing the adoption and implementation of this ordinance with the Board of Selectmen and ultimately with the legislative body of Sebago.  The Fire Chief and Deputy Fire Chief are currently working on fine tuning this ordinance.  If, at some point, it is adopted then it would be something that the Planning Board will need to be aware of in their dealings with subdivision plans, etc.  Currently a fire pond needs to be approved by a professional engineer to determine the adequacy of the water supply for fire fighting purposes according to a determined formula.  For example, one house on a property requires less water to put out a fire than ten houses would require.  He further stated that frequent problems that he has encountered with fire ponds include issues with easements to the property and the overall upkeep and maintenance of the location allowing access to the fire pond in an emergency situation.  The lack of snowplowing to the location has been a major issue that he has encountered in the past.     

Kurt Christensen has requested that this project be added to the agenda for the July 13, 2010 meeting.

c.      Planning Board Vacancies (3 positions)

The Board acknowledged that now there are three open positions for the Planning Board with the termination of Jim Libby’s position on June 30, 2010.  The Board invited the guests present at tonight’s meeting to consider joining them.  

VI      New Business

a.      30% Expansion Project – Long Beach Marina Inc. – Samuel & Jan Minervino – Map 19, Lot 100A

Sam Minervino explained the design plan for this project while referring to his application submittal.  He further explained that changes were made to the design plan after his original application was submitted in order to allow for the fact that there is a gas pipeline in the way which would not allow for an outward expansion, therefore he is looking for an upward expansion.  He has submitted subsequent plan details for the new design.  After reviewing his submittal it was noted that the calculations were on the original design and new calculations for the revised design were not included with his application.  The Board asked Sam to submit a completed packet of information on the new design with the correct calculations that include the architect’s (professional) stamp, for review at the next meeting.  Sam stated that this is his busy time of year at the marina; therefore he will not be proceeding with the project until the fall and will submit the revised calculations at a later date.  The Board asked that the following additional information be submitted for their review when he is ready to proceed with the project.

1.      The current licenses allowing the dispensing of gasoline at this location.
2.      The dock and the existing gas lines are to be included on the design plan.
3.      The property abutters also need to be identified on the plan showing their location in regard to the project site.

Phil Lowe made a motion to table this application until further notice.  It was seconded by Jim Libby.  Motion carried with all in favor.       

b.      Review of Dock/Pier Permitting Procedures
Bob DeVilleneuve explained that he asked to have this item added to the agenda in order to review the Planning Board’s role in the permitting of piers and decks according to the Land Use Ordinance that was adopted by the legislative body of Sebago on May 25, 2010.  Mike Morse from the Department of Environmental Protection explained to Bob that anything larger than 4x6 feet and is connected to the land is a permanent structure and considered a deck.  If a permanent structure is touching the water, it is considered a pier.  Bob distributed pictures with examples of each type of structure.  He explained that these two types of structures are under the permitting authority of the Planning Board.  The Code Enforcement Officer is authorized to permit docks which are considered temporary structures.  If a temporary dock is attached to a deck, it is considered a pier and falls under the authority of the Planning Board.  Some discussion ensued between the Board members and the CEO regarding this matter.  Bob explained that currently on the town’s website there is a fee schedule for temporary docks.  For docks up to 80 sq. ft. the fee is $25.00 and for docks over 80 sq. ft. the fee is $40.00.  However, he has not been able to locate a fee schedule for permanent piers or decks.  One will need to be developed by the Board of Selectmen and the Planning Board in order to enforce the correct permitting procedures as outlined in the Land Use Ordinance.  There was some discussion on how to educate the property owners on the process of permitting these different structures.  It was suggested that a notice to all property owners be included on the property tax bills that go out in October.  The question was raised as to whether this is a one time fee or an annual fee.  It was stated that this is an annual fee.  A question was raised regarding the need to renew the permit annually when the permission from the landowner is required, would this need to also be done annually?  Bob DeVilleneuve explained that according to the Maine Municipal Association’s legal department, the Code Enforcement Officer can only issue a permit to the actual property owner or with express permission from the property owner.  If a covenant is created (by court order) this allows for the “right to continue” with the “originally” granted permission from the “original” property owner.  

The Planning Board will contact the Board of Selectmen to ask them of their opinion of the need for fees on a permanent structure.  Paul White stated that if it is a structure like a building perhaps it shouldn’t be subject to a yearly fee, but to a one time permit fee.  

This item will be added to the agenda for the July 13, 2010 meeting.

c.      Miscellaneous Item

There was some discussion regarding a piece of property that has five cabins on it that are being advertised as condominiums for sale.  This property was a previously grandfathered non-conforming use for the rental of the cabins; however, this has not been a viable business for many years which now makes it a discontinued non-conforming use of the property.  Receipts showing continued usage would be required to prove that there was no discontinuance of the non-conforming use in order to maintain the grandfathered status.   

Condominiums “in general” will be added to the agenda for the July 13, 2010 meeting.  
    
VII     Adjournment

Phil Lowe made a motion to adjourn at 7:53 p.m.  It was seconded by Chuck Archer.   
 Motion carried with all in favor.

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