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Planning Board Minutes 09/14/2010
7:00 p.m.
Tuesday, September 14, 2010

I       Call to Order

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

Present: Phil Lowe, Joe McMahon, Dick Perry, Paul White, Code Enforcement Officer, Bob DeVilleneuve, and Recorder, Maureen Scanlon.

Absent: Chuck Archer

Guests present: Richard Eaton, Heidi Dolloff, Kurt Christensen, Rosabel “Roby” Dyer, Neil Batcheldor, Deputy Fire Chief Alan Greene, and Selectman Abe Parker.

II      Correspondence
Maureen Scanlon stated that the following correspondences that were received this month were included with the meeting packets that were mailed out to the Planning Board members prior to this evening’s meeting.  Both items were pertaining to dock permitting issues.  Copies of both letters are attached to and do hereby become a part of the original set of minutes.

1.      A letter dated August 15, 2010 (received on August 19, 2010) from Mary Louise Butler, Carleton Butler and Lisa Butler.

2.      A letter dated September 1, 2010 (received on September 7, 2010) from Bruce Weymouth.

NOTE: As requested by the aforementioned parties, copies of both of these
            letters were forwarded to the Town of Sebago Board of Selectmen and
            Board of Appeals.
           Paul White mentioned that although the issue of docks is not on tonight’s agenda, this information will be considered for future reference.  He also mentioned that the committee that has been formed to review this matter will be having their first official meeting on Tuesday, September 29, 2010 which he will be attending.  
III     Open to Public Questions – None
IV      Review of Minutes (August 10, 2010)

Phil Lowe made a motion to accept the August 10, 2010 meeting minutes as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor except for Paul White who abstained from the vote.    

V       Old Business

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

Paul White reminded the Board that they were awaiting input from the Fire Department regarding the adequacy of the “potential” fire pond to support the lots in this subdivision.  Dick Eaton stated that he has reviewed the standards and spoke with his engineer on this matter.  He expressed concern over the potential for this to cost an additional $20,000.00 to $30,000.00 for his geologist to perform a study and complete any additional excavation to assure the proper adequacy of water in the fire pond.  He stated that this seems to be an extremely expensive task just for the revision of three additional lots.  However, he suggested that the existing “old farm pond” on the property could be reserved for a future fire pond.  He stated that he could have this pond excavated further to add to the water supply, but in order to adhere to the standards for fire ponds he would have to put a large financial investment into it.  It was mentioned that the original subdivision included five lots and he is requesting the additional sub-division of four more lots.  Upon being questioned by the Board, Deputy Fire Chief Alan Greene stated that the water source for the dry hydrant located on this property does dry up on a yearly basis during the hot summer months.  After some discussion, the Board agreed that if this were a new subdivision coming before them for the first time the matter of Life Safety would be addressed.  Therefore they suggested that sprinkler systems be installed in the buildings for the new lots only; since the other lots were previously approved with no changes being made to them.  The driveway design plan was discussed in detail.  The Board requested that it be documented and recorded with the original plan at the Registry of Deeds.  Mr. Eaton will include as “conditions” on the recorded plan;

#1. That the driveway designs are to specify minimal disturbance to  
       the wetlands,  
 #2. The requirement of sprinkler systems in the buildings on the
  new lots.  
Mr. Eaton also intends to include the “old farm pond” as being reserved as a future fire pond with an easement being given to the Town for future access to this pond.   

This item will be included on the agenda for next month.                  

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

Kurt Christensen submitted the Public Easement documentation from John Lucy to the Town of Sebago for the fire pond on his property.  He also submitted the engineering design documentation from John Palmiter attesting to the adequacy of the water supply from this fire pond.  This documentation will be added to the file for this project.   

A Site Walk was scheduled at this location for Thursday, September 16, 2010 at 6:00 p.m.  The Public Works Director will be invited to this Site Walk to address any concerns he may have regarding the matter of access to and regular maintenance of the fire pond.   

A Public Hearing will be held on this matter on October 12, 2010 at 7:00 p.m. in conjunction with the next regularly scheduled meeting.
c.      Proposed Condominium Project at 802 Sebago Road – (Dean Palli) – Map 28, Lot 10

Maureen Scanlon explained that Mr. Palli called and informed her that he would not be attending tonight’s meeting.  He stated that his lawyer informed him that he has been communicating with the Code Enforcement Officer therefore it wasn’t necessary for him to attend.   

Phil Lowe stated that in his perusal of State Law materials he came across a segment that he thought was pertinent to this matter.  In Title 33, Chapter 31, Article 2, Section 1602-101 of the Maine State Statutes, under Section B it states that “no interest in any unit may be conveyed to a purchaser until the unit is substantially completed as evidenced by a certificate or statement of completion executed by an engineer or architect until a Certificate of Occupancy is issued by the municipal building official”.  It was stated that work has been performed on the buildings at this property without the proper permits being obtained first; and these units are being currently advertised as being for sale.  Bob DeVilleneuve stated that he sent a letter out to Mr. Palli notifying him of the lack of the required permits and the need to follow-up on the matter with him.  He confirmed that he has also spoken to Mr. Palli’s attorney.  There was quite a bit of discussion on this matter and the next steps to be taken in addressing it.  

It is hereby duly noted in these minutes that the Planning Board recognizes and acknowledges the fact that this matter is beyond their realm of authority at this time and is being addressed by the Code Enforcement Officer.               

d.      Taralaine Subdivision Follow-up Discussion on Safety Issues

Phil Lowe stated that this agenda item stems from a conversation that he had with the Deputy Fire Chief regarding fire ponds and fire hydrants in general.  Taralaine is an ongoing subdivision that was approved some time ago.  There was supposed to be a fire hydrant on the lot that is now being used for access to the beach.  Apparently the approval from the DEP for the installation of a fire hydrant at this location was obtained, however the installation still has not been completed to date.  Phil suggested that when something required is not completed, the sale of any lots should be suspended until the requirements have been satisfied.  Alan Greene provided additional details on what was supposed to be done for fire protection that never was completed.  Bob DeVilleneuve stated that he has recently been contacted by one of the developers for this project.  He is looking to sell this whole subdivision.  Bob informed him of the fact that there are restrictions at this time due to the fact that there are outstanding items that will need to be satisfied before any further building permits will be issued.     

e.      Condominiums (in general)

This item has been “tabled” to a future date (to be determined).

f.      Planning Board Vacancies (2 positions)

It was acknowledged that there are still two vacant positions on the Board.  

g.      CEO Suggestions on L.U.O.

Bob DeVilleneuve stated that he has been reviewing information in the new reference books that he put together for the Planning Board members.  During his review he has noticed that the older ordinances had the Site Plan Review and Subdivision Review Ordinances as separate items and they are now both included in the recently adopted Land Use Ordinance.  He believes these sections in the new Land Use Ordinance override the formally separated ones.  Paul White stated that any older projects would still fall under the old ordinances, but from here on forward any new projects will fall under the new Land Use Ordinance.  

Another item that Bob wanted to bring before the Board is under Section 4-7 (Schedule of Uses) where there is a road setback requirement for the Rural District of 75 ft. and 150 ft. for State Highways.  Apparently this has caused some confusion for several residents.  A gentleman approached Bob about this recently because he has purchased a nice piece of property off of the Convene Road, which is considered a State roadway.  This property has a beautiful view of the mountains; however if he builds his home 150 ft. from the roadway it would place his building in a ravine which negates the primary reason for purchasing the property for the view.  Bob contacted the State about this matter and asked where this requirement stemmed from so he could look further into the matter.  He was informed that this is not a State requirement and that their maximum is 66 ft. overall which is 33 ft. from the center line then the town takes over from there.  The Board realizes and made note of the fact that some “fine tuning” will need to be done on the Land Use Ordinance and asked Bob to make note of any items that he comes across during his dealings with the public so that they can be addressed as needed.             

VI      New Business

a.      Site Plan Review – Public Works Garage Addition – (Town Manager James M. Smith III) – Map 2, Lot 3B

Jim Smith reviewed, in detail, the design plans for this project and answered questions from the Board.  He explained that this is being done because the town has one vehicle that is not able to be stored inside due to the lack of space in the existing building.  This vehicle is used for sanding and salting during the winter and should not be stored outside because of this fact.  It was confirmed that a completed application was submitted for this project.  The funding for this project was approved by the legislative body at the Annual Town Meeting in June.  Jim explained that the reason this minor addition project has come before the Board for approval is due to the fact that the Code Enforcement Officer can not issue permits for anything that is not a “residential” one or two family building unit.  The requirement of a Public Hearing was waived because this is considered a minor project.  

Phil Lowe made a motion to approve this project as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor.         

b.      Site Plan Review – Transfer Station Storage Building – (Town Manager James M. Smith III) – Map 2, Lot 24

Jim Smith explained that we are required by the DEP to store electronics (television sets in particular) inside of a building at the Transfer Station until they are removed by the waste disposal contractor.  The reason being, that if they are damaged during the storage period they can potentially release hazardous chemicals (IE: mercury) into the environment.  There has been an increase in electronics waste and if we can cut down on the number of pick-ups from the waste disposal contractor there would be a substantial savings to the town.  It was confirmed that a completed application was submitted for this project.  The requirement of a Public Hearing was waived because this is considered a minor project (that is beyond the authority of the Code Enforcement Officer to approve).  

Dick Perry made a motion to approve this project as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.     

Miscellaneous Item – (Town Manager James M. Smith III)

Jim Smith gave an update on the Yard Waste pilot program at the Transfer Station.  He explained that there has been a larger response than what was originally anticipated.  He expects that this may generate the need for another “minor” project to expand this service on an ongoing basis, which would require DEP approval.  There was some discussion on the cost effectiveness of this pilot program versus the original plan to expand the Transfer Station disposal locations to include yard waste and construction debris.  So far, this program is much more cost effective because it does not include the initial cost needed to develop the site location.   
c.      Site Plan Review – Children’s Day Care Center – Heidi Dolloff – Map 16, Lot 26

Heidi Dolloff explained that she currently runs a Children’s Day Care Center out of her home.  She is requesting to move the Day Care Center to the residential building located at 1254 Bridgton Road which is basically across the street from her home.  This building would be used only as the Day Care Center with no one residing in it.  Heidi explained that she is applying to the State of Maine for approval to provide services to an additional amount of children which requires her to move it out of her home.  The State’s licensing process requires that she receive Planning Board approval to establish this business at the new location before she can proceed further.  There was some discussion on additional items that the State requires from her during the licensing process.  There was also some discussion on the details of the site in order to support the proposed use.  The Board requested that Heidi supply copies of the documents for and from the State of Maine regarding the licensing procedure and final approval to the Code Enforcement Officer for inclusion in file for this project.            

A Site Walk was scheduled at this location for Thursday, September 16, 2010 at 6:30 p.m.     

A Public Hearing will be held on this matter on October 12, 2010 at 7:00 p.m. in conjunction with the next regularly scheduled meeting.

Miscellaneous Item – (Rosabel “Roby” Dyer)

Roby Dyer asked the Board for direction on how to proceed with her request to change the current use of her building from a Children’s Day Care Center to a Boarding House.  It was noted that she has filled out the Site Plan Review application and has paid the $35.00 fee.  However, the application and payment were submitted after the agenda for this meeting was closed.  The Board reviewed the process for her and explained what information will be required to be submitted for review at the next meeting.  There was some discussion on the intended use of the building and the State’s requirements for licensing of the facility.    

This item will be included on the agenda for next month.

VII     Adjournment

Phil Lowe made a motion to adjourn at 9:02 p.m.  It was seconded by Joe McMahon.  Motion carried with all in favor.

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