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Planning Board Minutes 10/12/2010
MINUTES
TOWN OF SEBAGO
PUBLIC HEARINGS &
PLANNING BOARD MEETING
7:00 p.m.
Tuesday, October 12, 2010
TOWN OFFICE BUILDING

I       Call to Order

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

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

Guests present: Richard Eaton, Glenn & Trudie Wilson, Heidi Dolloff, Hilary Carroll, Lynette McDaniel, Gregory LaChance, Kathy & Pete Greene, Brian O’Donnell, Kurt Christensen, Anthony Schwieterman, Bill Harrop, Rosabel “Roby” Dyer, Neil Batcheldor, Sarah Graybill, Jim Libby, and Selectman Abe Parker.

II      Public Hearing – Subdivision Site Plan Review – Revised Hanson Brook Valley Subdivision – (Richard & Marlene Eaton) – Map 10, Lots 11, 11A, 11-1 thru 11-5
        
Dick Eaton reviewed his revision plans for this previously approved project.  He answered questions and addressed concerns from the audience which ranged from the condition of Berry Road to the need for a driveway maintenance agreement for the existing common driveway.  This common driveway currently services two homes in the subdivision and will eventually include access to a third home.  He also reviewed some of the items that have been previously addressed by the Planning Board during this ongoing review process such as the Fire Pond and wetland concerns.  Abe Parker provided some information on this property which he owned at one time.  

        Paul White closed this Public Hearing at 7:31 p.m.      

III     Public Hearing – Subdivision Site Plan Review – Revised Eric’s Way Subdivision – (Kurt Christensen) – Map 11, Lots 1-1 thru 1-8
        
Kurt Christensen explained that this is a previously approved subdivision that originally required the installation of sprinkler systems in the buildings.  He has asked the Planning Board to remove that requirement and instead allow him to upgrade an existing Fire Pond for the location.  This Fire Pond is located on Mr. John Lucy’s apple orchard property which is up the street from the subdivision location.  He answered questions from the audience and pointed out that this Fire Pond will actually provide fire protection to all of the properties in the immediate area and not just to his subdivision.        

Paul White closed this Public Hearing at 7:36 p.m.

IV      Public Hearing – Site Plan Review – Children’s Day Care Center – (Heidi Dolloff) – Map 16, Lot 26

Heidi Dolloff explained that she wants to move her Children’s Day Care Center out of her home to her mother-in-law’s property across the street.  There were no questions from the audience on this matter.  
 
Paul White closed this Public Hearing at 7:38 p.m.
        
V       Correspondence – None

VI      Open to Public Questions – None

VII     Review of Minutes (September 14, 2010)

Phil Lowe made a motion to accept the September 14, 2010 meeting minutes as presented.  It was seconded by Dick Perry.  Motion carried with all in favor.    

VIII    Old Business

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

The Board addressed the two items that arose during the Public Hearing which were the condition of the Berry Road and the need for a driveway maintenance agreement.  Paul White stated that Mr. Eaton will need to bring the road up to the town’s specifications absent the need to pave it.  The town does not require private roads to be paved.  There was some discussion on what requirements will need to be met to improve the condition of this road.  Paul White explained to Mr. Eaton that they will be looking for information on the following items at the next meeting.  

1.      Clarification on the plans showing the location of the shared driveway.  

2.      Some type of road agreement or maintenance requirement for the shared driveway.  NOTE: During the Public Hearing on this matter, Mr. Eaton pointed out that he can provide a maintenance agreement for this common driveway; however, he can not force a property owner to sign it.  The Board understands this point but would like to make sure one has been offered to the property owners.
3.      What will be done to bring Berry Road up to the town’s specifications, absent the requirement of pavement?    

Maureen Scanlon confirmed that all fees have been paid to date including the cost of the certified mailing of the Public Hearing Abutter Notices.

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

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

A Site Walk was completed at this location on September 16, 2010.  Paul White confirmed that Kurt did obtain an easement from Mr. Lucy for the Fire Pond on his property.  There was some discussion on what fees Kurt needs to pay at this time.  He has paid the $35.00 application fee and reimbursed the town for the certified mailing of the Public Hearing Abutter Notices.  It was determined that Kurt owes a balance of $130.00 at this time, which he agreed to pay.  There was some discussion who would be responsible to record the plan at the Registry of Deeds.  There have been past discussions by the Board regarding the fact that prior contractors have agreed to do this and never actually did.  Because no final decision on the matter was ever made, the Board agreed that Kurt would be allowed to do the recording at the Registry of Deeds.  This is with the understanding that he is to provide the town with the completed documentation and that no permits will be provided, allowing him to proceed, until he has done so.  There was some follow-up discussion on the specifics of the Fire Pond with the Board agreeing that this will be a benefit to the area in general.  

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

The Board members signed off on all copies of the plans in order for Mr. Christensen to proceed with the recording of them.      

c.      Site Plan Review – Children’s Day Care Center – (Heidi Dolloff) – Map 16, Lot 26

A Site Walk was completed at this location on September 16, 2010. Maureen Scanlon stated that Heidi Dolloff has paid her $35.00 application fee and for the certified mailing of the Public Hearing Abutter Notices.  The Board performed a Site Plan Review for this project by reviewing the documentation with Mrs. Dolloff answering questions as needed.  It was noted that this Board is approving the location for a business use only; the State of Maine will be the entity that actually approves Mrs. Dolloff’s licensing for the Children’s Day Care Center.    
 
Phil Lowe made a motion to approve this project as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor.  

Mrs. Dolloff requested a letter from the Board attesting to the fact that this project was approved.  She explained that she needs this in order to proceed with the licensing approval process with the State of Maine.
An approval letter will be provided to Mrs. Dolloff as requested and a copy will be included with the file documentation for this project.  
  
d.      Site Plan Review – Boarding House – (Rosabel Dyer dba Dyer Holdings LLC) – Map 29A, Lot 25

Maureen Scanlon confirmed that the $35.00 application fee has been paid by Mrs. Dyer.  The Board proceeded to review her application to convert the usage of her building from a Children’s Day Care Center to a Boarding House.  Mrs. Dyer reviewed the details of this project and explained that there will be no changes made to the exterior of the building.  Currently there are two bathrooms in the building with one containing a toilet, sink and tub/shower unit.  The second bathroom contains two toilets and a sink.  She intends to remove the second toilet from this bathroom and install a shower unit.  There will be four rooms with six clients in the building; a couple of the rooms will be semi-private (shared) rooms.  It was noted that this will not be limited to elderly residents, but for anyone that wants to board.  The plans for this project were reviewed with Mrs. Dyer and her son Neil Batcheldor answering all questions from the Board.  

A Public Hearing will be held at the next meeting on this project.  

A Site Walk was scheduled at this location for Saturday, November 6, 2010 at 8:00 a.m.   

e.      Planning Board Vacancy (1 position)
(1 new member appointed by the Board of Selectmen)
              
The Board welcomed new member, Donna Cook.  Maureen Scanlon reported that she swore Mrs. Cook into office prior to the start of this meeting.  The Board acknowledged that there is still one vacant position for this Board.
 VIIII  New Business

a.      Subdivision Site Plan Review – Revised Sebago Ridge Estates Subdivision – (Don Gilbert) – Map 11, Lot 18-A1 thru 18-A11, 18-12 thru 18-56

There was no representative present at tonight’s meeting for this project, therefore it not addressed.
 
b.      Review of Subdivision Approval Procedure – (Phil Lowe)

Phil Lowe stated that at the recent MMA Workshop that he attended they addressed the matter of Subdivision approvals.  He stated that there are a set of standards that are used for Subdivision approvals that the Board goes through when processing an approval.  He explained that he has found out that just walking through the items and saying that everyone approves them is not acceptable in court.  A chart should be made showing each standard and how every member voted on each it.  It takes longer to do this but at the end of the day, there is recorded documentation showing the steps that were taken to complete the approval.  There was some discussion on this matter with the Board agreeing that this would be a good idea for future approvals.           

c.      Seminar Updates – (From MMA Local Planning Boards Workshop held on September 21, 2010) – (Phil Lowe)

Phil explained that he previously attended this workshop; however he found that he got more out of it this time around than he had expected.  He mentioned that Maureen Scanlon and Bob DeVilleneuve are going to be attending the next one on November 18th and if anyone would like to join them they should contact Maureen.   

d.      Annual Code/Ordinance Review Procedure – (Phil Lowe)

Phil mentioned that the annual reviewing of Codes and Ordinances was also addressed at the MMA Workshop.  He stated that he doesn’t know what we have for codes in this town that give this Board the authority to operate, but if that structure is not correct and we are ever taken to task with the court it could be that we don’t have the authority to make those decisions.  Therefore he feels as though it may be worth taking a look at the whole structure to see if we need to make any revisions.  Phil suggested that the Board develop a procedure to annually review at least one specific ordinance, so the task will not be too daunting, for any necessary revisions.  If any revisions are required they could then be presented to the legislative body for approval and adoption.  Phil asked the Board to consider doing this on a regular basis.  
     
VII      Adjournment

Phil Lowe made a motion to adjourn at 8:50 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