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Planning Board Minutes 11/09/2010
MINUTES
TOWN OF SEBAGO
PUBLIC HEARING &
PLANNING BOARD MEETING
7:00 p.m.
Tuesday, November 9, 2010
TOWN OFFICE BUILDING


I       Call to Order

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

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

Absent: Code Enforcement Officer, Bob DeVilleneuve

Guests present: Richard Eaton, Rosabel “Roby” Dyer, and Neil Bacheldor.

II      Public Hearing – Site Plan Review – Boarding House – (Rosabel Dyer dba Dyer Holdings LLC) – Map 29A, Lot 25

        Paul White made note of the fact that there was no one present in the audience regarding the Public Hearing on this matter.  Maureen Scanlon submitted an e-mail statement that she received from the property abutters, Ernest and Mildred Scott, who were unable to attend tonight’s meeting.  They wanted it noted that they have no objection to the location of a Boarding House at 36 Kimball Corner Road.  They further stated that the previous nursery school operation at this location was well run and maintained; therefore they believe that the Boarding House operation will meet the previous standards.  Copies of this e-mail letter are attached to and do hereby become a part of the original set of the meeting minutes and is also included in the Planning Board file for this project.  
 
        Paul White closed this Public Hearing at 7:04 p.m.

III     Correspondence

Maureen Scanlon distributed the following correspondence to the Planning Board members;

1.      A copy of the letter to Mrs. Heidi Dolloff (dated October 14, 2010), as per her request for the State of Maine’s licensing requirements.  This letter confirms that the Planning Board officially approved her request to relocate her Children’s Day Care Center to the property located at 1254 Bridgton Road.  Copies of this letter are attached to and do hereby become a part of the original set of the meeting minutes and is also included in the Planning Board file for this project.

2.      A copy of the letter dated September 20, 2010 from Beth Nagusky, Acting Commissioner of the Department of Environmental Protection attesting to the fact that the Sebago Shoreland Zoning Ordinance, adopted on May 25, 2010, has been approved by her office.  Also attached to this letter is a copy of the response letter dated October 14, 2010 to Mike Morse, Assistant Shoreland Zoning Coordinator, from Maureen F. Scanlon, Planning Board Secretary, confirming the receipt of the State’s approval.  Copies of these letters are attached to and do hereby become a part of the original set of the meeting minutes and are included in the Planning Board Shoreland Zoning Ordinance file.  

IV      Open to Public Questions – None

V       Review of Minutes (October 12, 2010)
        
        Chuck Archer made a motion to accept the October 12, 2010 meeting minutes as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.

VI      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 mentioned that at the last meeting there were two basic issues that needed to be addressed.  The first was the condition of the road and the second was the need for a driveway maintenance agreement.  Dick Eaton stated that in regards to the condition of Berry Road, he is looking into having a planning profile done by an engineer showing what has to be done to bring the road up to the town’s standards.  This will take some time because it will probably take another month or so before he can get together with the engineer and then it will probably be another month or so before he gets the report from the engineer.  This will put him into the middle of winter when it will not be feasible to work on the road.  At this point, he is planning to follow through with the upgrades to the road.  However, he is concerned about the cost and if it becomes too exorbitant, he will submit a letter withdrawing his application for the revisions to his subdivision and basically “pull the plug”.  Hopefully everything will be within reason and he will be able to proceed.  He stated that with the economy being what it is perhaps it will end up costing less than it would have several years ago to contract out the work.  Again, it was agreed amongst the Board that pavement was not going to be required for the upgrade to the condition of this road.  This is in accordance with the town’s road standards for private roads.  Dick submitted copies of the maintenance agreement for the driveway that is on record as of right now.  He mentioned that they do need to be updated.  One item that will need to be included is the requirement that any damages done during construction will need to be repaired by the property owners responsible for the construction.  Dick sent a letter out to the property owners that are affected by this maintenance agreement advising them that he will be updating this document.  They seem very agreeable to this being done.  He will have his attorney write up the new agreement.  He reiterated that it will take at least two or three months to get this information back to the Board and he will contact Maureen Scanlon to include him on the meeting agenda when he is ready to proceed.  
     
b.      Site Plan Review – Boarding House – (Rosabel Dyer dba Dyer Holdings LLC) – Map 29A, Lot 25

Paul White stated that during the Site Walk at this location factual information about the State’s requirements for a Boarding House was presented to the Board by Neil Bacheldor (Mrs. Dyer’s son).  The Board asked that this documentation be provided to them at this meeting for review by the Code Enforcement Officer.  A copy of this documentation was provided to Maureen Scanlon for the Planning Board file on this project and she will forward a copy of it to Bob DeVilleneuve for his review and subsequent approval.  Maureen Scanlon confirmed that Mrs. Dyer has reimbursed the town for the certified mailing of the Public Hearing Abutter Notices.  Neil Bacheldor explained that Assisted Living, Boarding Houses, and Residential Care facilities are all governed under the same Level II licensing procedures.  Therefore the documentation that he submitted is the “Regulations Governing the Licensing and Functioning of Assisted Housing Programs – Level II Residential Care Facilities” with an effective date of September 1, 2003.  On this document he referenced the particular sections that are pertinent to Boarding House requirements for review by the Code Enforcement Officer.  He gave an overview for the Board members of the items that are required by the State of Maine for the specified use of a (Boarding House) building such as mandatory fire drills, the presence of smoke detectors, etc.  Paul White explained that what he would like to see happen at this point is for Roby and Neil to meet with Bob DeVilleneuve to assure that they are meeting the requirements of the State.  Neil stated that the State’s time frame is sixty days before they will even hear back from them and they need documentation from this Board before they can proceed with the State’s licensing procedure.  There was discussion on more of the specifics as to the services that will be provided to the residents of the Boarding House.  It was noted that structurally there is a minimal amount of work being done on the building itself.  It was also noted that there is an existing Occupancy Permit for the building to be used as a Children’s Day Care Center.  The Board would like to see an Occupancy Permit granted by Bob DeVilleneuve approving the use of the building as a Boarding House.  The Board performed a Site Plan Review for this project by reviewing the documentation with Mrs. Dyer and Mr. Batcheldor answering questions as needed.  There was some discussion amongst the Board members about granting a Conditional Approval for this project.  Paul White expressed concern about Conditional Approvals being granted in the past without the conditional requirements being follow-up on for completion.  The other Board members acknowledged that this has been a problem in the past. However, the items that they are looking for to be completed are items that would be followed up on by the Code Enforcement Officer who they are confident will assure compliance for this project.

Phil Lowe made a motion to grant a Conditional Approval on the condition that the Code Enforcement Officer has reviewed and is satisfied that all requirements have been met.  It was seconded by Chuck Archer.  Motion carried with all in favor.  

The Board asked that the Code Enforcement Officer include documentation on his findings and subsequent approval in the Planning Board file for this project.                    

c.      Planning Board Vacancy (1 position)

The Board acknowledged the fact that there is still one vacant position
for this Board.  

VII     New Business – None

VIII    Adjournment

Phil Lowe made a motion to adjourn at 7:37 p.m.  It was seconded by Paul White.  Motion carried with all in favor.

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