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Planning Board Minutes 12/14/2010
7:00 p.m.
Tuesday, December 14, 2010

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: William Thompson (from BH2M Engineering), Jason Lavoie, Scott Lavoie, Tina Vanasse, and Steve Titcomb (from Agency One Real Estate).

II      Correspondence
        Paul White stated that he received a standard letter from FEMA that he shared with the Planning Board members for their review.  

        As a follow-up report to the Board, Maureen Scanlon stated that Kurt Christensen did pay the balance due of $130.00 for his Eric’s Way Subdivision project as agreed at the October 12, 2010 meeting.  He has also recorded the plans at the Registry of Deeds and submitted the recorded plans to the Town Office.  
Maureen Scanlon distributed the following documentation to the Planning Board members;

1.      A copy of the schedule of Planning Board Meeting Dates for 2011.   

2.      A copy of the letter dated November 16, 2010 to Rosabel Dyer dba Dyer Holdings LLC from Code Enforcement Officer, Robert DeVilleneuve attesting to the fact that he has completed an inspection of the property and finds it in condition to be used as an Assisted Living Housing or Boarding House.  This is with the understanding that it must still be approved by the State of Maine as a Boarding House facility.  

3.      A copy of the Certificate of Occupancy granted to Rosabel Dyer dba Dyer Holdings LLC for the use of the building as a Group Home or Assisted Living facility.   

III     Open to Public Questions – None
IV      Review of Minutes (November 9, 2010)    

Chuck Archer made a motion to accept the November 9, 2010 meeting minutes as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor except Paul White who abstained from the vote.

V       Old Business

a.      Planning Board Vacancy (1 position)

Sebago resident Tina Vanasse approached the Board regarding
her desire to fill the vacant position.  After some discussion, the Board
agreed to recommend, with no objections, that the Board of Selectmen
appoint Tina Vanasse to the Planning Board.  Maureen Scanlon will
have this added to the agenda for the Board of Selectmen’s meeting
on January 4, 2011.     
VI      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

Bill Thompson, from BH2M Engineering, explained that Mr. Gilbert is looking to amend his previously approved (in 2005) subdivision.  It was noted that this property is located in the rural residential district under the new Land Use ordinance.  Mr. Thompson stated that in 2005 this subdivision was approved for fifty-nine house lots with an access road included in the plans.  Due to the economy, Mr. Gilbert would like to take the remaining forty-nine lots and combine them into three lots.  He would also like to remove the roadway off of the Folly road from the plan because the new lots would have road frontage off of the Folly road.  There was some discussion on whether or not this subdivision has lapsed (or is considered an abandoned project) because of time limit requirements without at least 10% of the project having been completed to date.  This may make a difference in the fees that are required.  It was noted that a substantial amount of work has already been done to put in the first roadway to the subdivision which may meet the requirement of the 10% of total estimated cost being completed to date.  The new plans would include a total of ten lots on 162 acres of land.  If approved, Mr. Thompson stated that the existing DEP permit will also be amended to reflect the revisions to the original plans.  Mr. Thompson answered the Board’s questions regarding the details of this project.  It was confirmed that an application was received for this project; however, the $35.00 fee has not been paid yet.  Mr. Thompson was not sure what the total amount of fees would be for this project.  Maureen Scanlon explained that the $35.00 fee is due at this time, which Mr. Thompson agreed to forward to the Town Office with the understanding that additional fees will be determined as the approval process progresses.  There was some discussion regarding the fact that the Board of Selectmen are in the process of revising the current schedule of fees charged by the town.  The new fees have been approved by the Board of Selectmen but are waiting final approval, by way of a Public Hearing, by the legislative body of Sebago before they are actually implemented.       

This project will be added to the agenda for the January 11, 2011 meeting.
b.      Proposed Dissolution of Previously Approved Subdivision – Donohue Family Laurel Ledge Irrevocable Trust – Map 20, Lot 6 – (Represented by Steve Titcomb from Agency One Realty)

Steve Titcomb, from Agency One Real Estate, represented his clients the Donohue Family Laurel Ledge Irrevocable Trust at tonight’s meeting.  Steve explained that the Donohues are purchasing the portion of the existing Rock Craft property located on Sebago Tax Map 20, Lot 6 that contains a five lot subdivision that was originally approved in 1991.  However, they would like to dissolve this subdivision that was never developed by the property owners and revert it into one lot.  Mr. Titcomb provided a copy of the original Final Subdivision Plan that was approved in 1991 to the Board for their review.  A copy of this plan is hereby included in the Planning Board file for this project.  After some discussion, Paul White stated that this subdivision approval has expired because it has not been developed as of this date and therefore the approval has lapsed.  This means that the property can be sold as one lot of land subject to the current zoning laws.  It also means that there is no access to this property from (Rte. 114) Sebago Road because the Pilgrim Lane roadway was part of the subdivision plan.  If Mr. Titcomb’s clients want to provide an access roadway from Sebago Road they will need to apply to the State of Maine Department of Transportation for approval to do so.  Mr. Titcomb asked for something in writing for the formal closing of the sale on Friday, December 17, 2010 attesting to the fact that the Planning Board no longer recognizes this as a valid subdivision in the Town of Sebago.  

Paul White made a motion for the Planning Board to formally acknowledge the fact that due to the time lapse, the Pilgrim Lane Subdivision has expired.  It was seconded by Donna Cook.  Motion carried with all in favor.  

A letter will be drafted for the Donohues attesting to this fact as per Mr. Titcomb’s request.  

VIII    Miscellaneous Item

There was some discussion on working on fine tuning the Site Plan Approval process at the next couple of Planning Board meetings.  Historically the months of January and February are lighter agendas because less construction is usually done during the winter months.  Phil Lowe suggested that the first step would be to develop a matrix that will show exactly how each Planning Board member voted on each specific item during the approval process.  The completed matrix will then be included in the project file for future reference as needed.  The Board agreed that this is a good time of year to tackle the task.  

This item will be added to the agenda for the January 11, 2011 meeting.
VIIII   Adjournment

Phil Lowe made a motion to adjourn at 7:50 p.m.  It was seconded by Chuck Archer.  Motion carried with all in favor.

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