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Planning Board Minutes 01/11/2011
7:00 p.m.
Tuesday, January 11, 2011

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, Tina Vanasse, Paul White, Code Enforcement Officer, Bob DeVilleneuve and Recorder, Maureen Scanlon.

Guests present: Bruce Hart, Bruce Weymouth, William Thompson (from BH2M Engineering), Sherry Miller, Selectmen: Allen Crabtree and Edie Harnden.

II      Correspondence

Paul White stated that he received a letter from Town Clerk, Michele Bukoveckas requesting the Planning Board’s report for the Annual Report.  

        Maureen Scanlon stated that the following correspondence was distributed to the Planning Board members in their meeting packets;

        1.      A recently updated Planning Board Membership listing which includes contact information for each member.   

        2.      A copy of the letter to the Donohue Family Laurel Ledge Irrevocable Trust that was requested by Steve Titcomb (from Agency One) at the December 14th meeting.  

        3.      A copy of the Winter 2010 Shoreland Zoning Newsletter from the Department of Environmental Protection.  

III     Open to Public Questions – None

IV      Review of Minutes (December 14, 2010)   

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

V       Old 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

As a follow-up to his presentation at last month’s meeting, Bill Thompson, from BH2M Engineering, explained in further detail, the proposed changes to this previously approved subdivision plan.  There was some discussion on the status of this subdivision and how much work has been completed to date.  Items of interest ranged from the condition of the road to a fire protection plan for the area.  The original documentation and plans for this project were reviewed by the Planning Board with Mr. Thompson answering questions as needed.  The Board asked that copies of the following original approval documentation be included, for their review, with their information packets for the next meeting:
        1.      A letter dated January 12, 2006 to then Planning Board Chair, Rick Bates from Isaiah Plante, PLS from Northeast Civil Solutions Inc.  
        2.      A letter dated January 11, 2006 to Christopher J. Osterrieder, P.E. at Deluca-Hoffman Associates, Inc. from Isaiah Plante, PLS from Northeast Civil Solutions Inc.
        3.      A letter dated March 22, 2005 to Sebago Fire Chief Ken Littlefield from Isaiah Plante, PLS from Northeast Civil Solutions Inc.

Copies of these letters are attached to and do hereby become a part of the original set of these minutes.

The original Declaration of Covenants was also reviewed.  At the request of a new member, Paul White explained that these are items that would be included in the deeds of the various property owners that would place restrictions on the property such as not being able to have livestock, etc. on the property.  Most of these restrictions are pretty standard, but they can also be specialized.  Basically, they cover items such as how the maintenance of a road would be paid for and how those funds are maintained.  There was some discussion on whether or not there would still be a need for the road work (IE: paving, etc.) to be performed that was part of the original subdivision approval.  Mr. Thompson requested that since the number of lots is being diminished greatly, which would change the impact of traffic on the Folly Road and there will no longer be a need for an interior road, that the road work stipulation be removed from the original approval.  Phil Lowe mentioned that technically three lots still require the project to be treated as a subdivision which means that traffic impact is still a factor and needs to be looked at during the approval process.  It was noted that there are not any woodland alterations being proposed in this request for a revision to the original plans.  Maureen Scanlon reported that the $35.00 application fee has been paid.  The Board determined that the additional fees required to proceed at this time will be a total of $1,080.00, which breaks down as follows;
  Preliminary Sketch Plan = $75.00
 $5.00 per acre = 47 x 3 x $5.00 = $705.00
 $100.00 per lot (Escrow) = $300.00

 Total = $1,080.00                               
        b.      Fine Tuning of Site Plan Approval Process (Work on Developing a Matrix for Recording Votes on Specific Items.)

There was some discussion on the sample Voting Matrix that Maureen
Scanlon started developing for the Planning Board to use in recording
their votes during Site Plan Approvals.  Donna Cook volunteered to
enhance this matrix by incorporating the specific items that are
reviewed during the approval process.  She will present the improved
matrix for further development and review at the next meeting.
VI      New Business

        a.      Mooring Regulation Ordinance – Selectman Allen Crabtree

Selectman Allen Crabtree stated that a committee has been working on addressing the need for an ordinance to regulate moorings in town.  
The committee has tried to come up with a system that would allow any moorings to be handled on a fair and impartial basis for the residents.  In an effort to keep the Planning Board “in the loop” on this matter, he explained, in detail, what has been addressed so far by the committee.  Copies of the draft “Mooring Regulations Ordinance” were distributed to the Planning Board members for their review prior to this meeting.  The committee is hoping to have Public Hearings on this ordinance in the spring and have it brought before the legislative body for approval at the Annual Town Meeting or at a Special Town Meeting this summer.  Phil Lowe, who is also a member of this committee, explained some of the problems that they have faced in developing this draft ordinance.  Committee member Bruce Hart explained some of the history behind the need for this ordinance and what has been identified as needing to as be addressed over the years.  There was quite a bit of discussion on this subject with additional input being offered from residents Bruce Weymouth and Sherry Miller.  Essentially, because Section 7.5 of this proposed draft ordinance addresses moorings for Commercial entities, the committee wanted to advise the Planning Board of the requirement in the ordinance of the need for Planning Board review and approval for any commercial moorings.  The committee asked for input or comments from the Planning Board which generated further discussion on the matter.  The Board agreed that Commercial projects normally fall under their realm of responsibility to review and approve.  Therefore it makes sense to include the issue of addressing the appropriate number of moorings, etc. when reviewing these types of projects.          

        b.      Land Use Items – Code Enforcement Officer Bob DeVilleneuve

Bob DeVilleneuve stated that he has found the following item in the Land Use Ordinance that should be amended and approved at the Annual Town Meeting in June.  

In Section 4 – Schedule of Uses – (on page 4-7) in the Table of Minimum Lot Standards under the Rural District column, it states that the Road setback minimum is 75 ft. for a town road or 150 ft. for State Highways.  He has had several residents on Convene Road and other state roads complain about this item because it is causes a problem when they are trying to build on their property.  He spoke to Scott at the Maine D.O.T. office in Scarborough who stated that this is not a state requirement, and that their maximum setback for any state road from the center line is 33 ft. which is 66 ft. overall.  Therefore, Bob proposed amending this from 150 ft. to 75 ft.  Paul White suggested that the Board members mull this over to be voted on at the next meeting.  It was noted that Public Hearings will be held before the Annual Town Meeting to inform the public of this change if the Land Use Ordinance is amended to reflect this correction.  Phil Lowe suggested that an annual review of the ordinances be done in order to make any necessary corrections or amendments as needed.  Any amendments can then be approved by the residents at the Annual Town Meeting, a Special Town Meeting or a Referendum Election.  Paul White suggested that if anything else stands out as needing to be addressed, please bring it to the Board’s attention at the next meeting.    
        c.      Miscellaneous Items

                1.      New Planning Board Member appointed by the Board of Selectmen
The Board welcomed new member, Tina Vanasse who was recently appointed by the Board of Selectmen.  Maureen Scanlon reported that she swore Tina into office prior to this meeting.  There are no longer any vacancies on this Board.

                2.      General Discussion on Unauthorized Expansions of Business & Possible Violation by Long Beach LLC (Samuel & Jan Minervino)

There was some general discussion regarding the steps that are to be taken in addressing an unauthorized expansion of a business in Sebago.  As a Selectman, Allen Crabtree explained that his understanding is that if there is a non-conforming use or an expansion of use, it is required to have a Planning Board Site Plan Review.  In the event that any unauthorized changes in use have been found to exist, it is to be addressed by the Code Enforcement Officer who would contact the property/business owner to notify them of the violation, and the need to follow-up with the Planning Board for proper authorization approval.  If they do not respond to the CEO, it would then be addressed by the Planning Board directly.  

This discussion prompted further discussion regarding the possible unauthorized expansion of the marina owned by Long Beach LLC.  It was stated that Mr. & Mrs. Minervino had come before the Planning Board several months ago regarding their request to expand a building on the property.  However, there were some problems noted with the proposed dimensions on the application that needed to be corrected and they have not come back yet as of this date.  There was some discussion as to whether there is a possibility that this existing situation (without considering the proposed building expansion) is an unauthorized business expansion due to the increased amount of moorings than what was originally granted and the use of expanded parking for vehicles and boat trailers on additional lots that are owned separately by the Minervinos (that are not part of the business entity).  The increase of use for the inclusion of Jet Ski rentals was also mentioned as an item that needs to be addressed.  

Phil Lowe made a motion to direct the Code Enforcement Officer to notify Samuel & Jan Minervino dba Long Beach LLC that they are to come before the Planning Board to discuss the possible unauthorized expansion of their business.  It was seconded by Dick Perry.  Motion carried with all in favor.  

VII     Adjournment

Phil Lowe made a motion to adjourn at 8:50 p.m.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

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