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Planning Board Minutes 02/08/2011
7:00 p.m.
Tuesday, February 8, 2011

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

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

        Absent: Chuck Archer

        Guests present: Sherry & Joe Miller

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

1.      A copy of the letter to Long Beach LLC (Samuel & Jan Minervino) from CEO Bob DeVilleneuve.  A copy of this letter is attached to and does hereby become a part of the original set of these minutes and is also included in the Planning Board file for this project.
2.      Copies of the three letters from Isaiah Plante regarding the Sebago Ridge Estates Subdivision as requested by the Board members at the last meeting.  It was noted that Bill Thompson, from BH2M Engineering, has contacted Maureen Scanlon and requested that this project be placed on the agenda for the meeting in March.

3.      A copy of the Sebago Tax Map 32 showing the Taralaine Subdivision lots.

In addition to the above items a copy of an e-mail letter dated January 31, 2011 that was sent to Maureen Scanlon from William & Donna Fitzgerald regarding their concerns over the expansion of the Long Beach Marina was distributed to the Board members.  A copy of this e-mail letter is attached to and does hereby become a part of the original set of these minutes and is also included in the Planning Board file for this project.  

III     Open to Public Questions – None

IV      Review of Minutes (January 11, 2011)    
        Tina Vanasse made a motion to accept the January 11, 2011 meeting minutes as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.

V       Old Business

a.      Fine Tuning of Site Plan Approval Process (Continue Working on Developing a Matrix for Recording Votes on Specific Items.)

Donna Cook reviewed what she has done to further develop the Voting Matrix.  She explained that she has added a column that includes a review criteria reference section which directs people to the ordinance section that governs the specific item being reviewed.  A copy of this “draft” matrix will be submitted with the meeting packet information for the March 8th meeting.  
Phil Lowe suggested that the next item to be tackled by the Planning Board is to develop a checklist of items for the application/approval process.  This would include all of the steps throughout the entire process and would be kept in the Planning Board file for the project, for future reference, to assure that all proper steps were taken.  

This item will be added to the agenda for next month’s meeting.     

b.      Land Use Ordinance – Revisions/Corrections

Paul White asked if there are any other items in the Land Use Ordinance that need to be addressed for a revision or correction.  Bob DeVilleneuve stated that he found the following items;

1.      Section 4 – Schedule of Uses – Table 4-1 (on page 4-3) – Residential Uses – Item #3 Duplex (two family)

This line item for all three districts designates the CEO as the approving authority which conflicts with the section referenced below.  

2.      Section 5 – Land Use Standards – Section A-1– Items #a, b & c (General Standards – Accessory Apartments – a. Allowed areas – b. Site plan required & c. Building plan required)  

There is a discrepancy Section a. (Allowed areas) that designates the Planning Board as the approving authority, which conflicts with the section referenced above.  

The Planning Board agreed that the wording in this section should be revised to reflect the CEO as the approving authority to coincide with the above referenced Section 4 (which then falls back to the International Residential Code requirements).  This correction requires the additional removal of items #b. (Site plan required) & #c. (Building plan required) because these would be items covered by the Planning Board approval process.   

The new wording for item #a. (Allowed areas) shall read as follows;
Accessory apartments are allowed without an increase in the lot size requirement by the Code Enforcement Officer in all districts where single-family dwellings are allowed.       

Phil Lowe stated that he found the following item;

        Section 1 – General Provisions – Subsection D. – Applicability

He suggested that the first paragraph should be clarified to reflect the fact that the Land Use Ordinance does not exclude the land and water area subject to the Town’s Shoreland Zoning Ordinance.  These areas are indeed governed by the Land Use Ordinance and when applicable by the more restrictive Shoreland Zoning Ordinance.

The new wording for this item shall read as follows;
The provisions of the Ordinance shall govern all land and all structures within the boundaries of the Town of Sebago; the Town’s Shoreland Zoning Ordinance shall supersede in that district.   

c.      Miscellaneous Item – Follow-up Discussion on the Letter Sent to Long Beach LLC (Samuel & Jan Minervino) from the Code Enforcement Officer

Maureen Scanlon stated that she received a call from the Minervinos in
response to the letter from the Code Enforcement Officer requesting
their attendance at the March meeting to address the possibility of an
unauthorized expansion of their marina business.  They asked to be
to be placed on the agenda for the April meeting because they will not
be able to attend the March meeting.  Paul White suggested that the
Board take a few moments to determine exactly what the status of the situation is at this point.  There is documentation on record that the Minervinos submitted last May in the form of an application for an expansion to the existing marina building; with the $35.00 application fee being paid on May 25, 2010.  However, there was a discrepancy in the dimensions for the proposed building that the Minervinos were going to correct and bring back before the Board at a later meeting.  They mentioned that they were going into their busy season and would not be back until it ended.  They have not been back before the Board
since this original incomplete application was received.  It has been
suggested by several residents in town that there has been an unauthorized expansion to this business.  Phil Lowe pointed out that
the Shoreland Zoning Ordinance does not allow for expansions to non-
conforming lots except for residential uses.  Next, the Board reviewed
the letter that was sent to the Minervinos from the Code Enforcement
Officer in order to inform them of the specific items that they are going to want to address at the April meeting.  

        Item #1 – Additional moorings being placed.  

What was the number of moorings that was originally approved for this business?  How many moorings are in place today, and where are they (the mooring field) located?  There was some discussion on the (prescriptive) rights of commercial entities versus private properties in requesting moorings.  It was noted that the town does not currently have a Mooring Ordinance in place, however, it is in the process of developing one and this may potentially affect marina businesses.  Therefore the Minervinos need to be aware of this fact.  There was some discussion on how this may or may not affect existing businesses.  The Board asked the Code Enforcement Officer to follow-up with the town’s attorney and the legal department at MMA (Maine Municipal Association) for answers on questions they have pertaining to specific legal issues in this matter.  Bob DeVilleneuve will report his findings back to the Board.        

Item #2 – Use of back lots for storage of boats, trailers and parking for customers & Item #3 – Use of adjacent “Lot 99” for storage and recreational business.  

The Board requests that the Minervinos provide a plot plan of the total number of properties that they own showing the locations of the abutting properties.  This should also include information on the current use of their properties and if there are any safety issues for crossing the road, etc.

Item #4 – Requested expansion of the existing sales operations building.  

The previously submitted application for a 30% Expansion is considered incomplete at this time.          

The Board asked Maureen Scanlon to draft a letter to the Minervinos informing them, in advance, of the concerns that the Board would like to address at the meeting in April.

                Phil Lowe mentioned that these actions are being taken as an evaluation
process and not as an attack against the Minervinos in any way.  He stated that there is certainly a need for these types of businesses on the waterfront, but the review process needs to a consistently fair and open process.  Phil stated that, for background information, he has reviewed some of the minutes from previous meetings that refer to this marina business.  He will submit copies of the aforementioned minutes to the Board members for informational purposes.         

VI      New Business

a.      Request of Name Change for Taralaine Subdivision to Sebago West Shore Estates – Sherry & Joseph Miller –
Existing Unsold Subdivision Lots = Map 32, Lots 13, 13-B, 13-1, 13-4, 13-6 thru 13-8, 13-10 and 13-26A (R-O-W to the Beach)
Existing Sold Subdivision Lots = Map 32, Lots 13-2, 13-3, 13-5, and 13-9

Sherry & Joe Miller explained that they have recently purchased the previously approved Taralaine Subdivision.  They are requesting to change the name to Sebago West Shore Estates which they feel is more descriptive as to its location.  They currently own seven of the original ten lots in this subdivision and feel as though this new name is a better marketing tool than the existing name.  This name change would include changing the existing street name to Sebago West Shore Road.  They explained that three of the lots in the subdivision are owned by other property owners and that these owners do not have a problem with changing the name of the road.  Sherry submitted a form that is used for making the name change and explained that it a simple process that just needs to be signed by our CEO and sent in to the State.  There was some discussion on how this name change would affect the existing E-911 System in Sebago.  Joe McMahon stated that when the E-911 System was activated in Sebago there were several street names that were changed because they were too similar to other street names in town.  There were some concerns expressed about the fact that there are already streets in Sebago that are similar to this proposed new street name.  It was noted that Bob DeVilleneuve is the E-911 Addressing Officer and Maureen Scanlon is the E-911 Addressing Coordinator for the Town of Sebago.  They explained that it is not a problem to change the name of the road.  However, it is not a simple process as was stated; it does include submitting a completed “Maine Enhanced 9-1-1 & Maine DOT Road/MSAG Update Form” to the MEGIS E911 Support Group.  Letters are then sent to each property owner informing them of their new address.  Copies of the MEGIS E-911 form and of every property owner’s letter needs to be sent MEGIS E-911, Standish Dispatch, Sebago Fire, Rescue, Public Works and Town Clerk departments, the Sebago Post Office, and the town’s Assessors (O’Donnell Associates).  Additional copies are placed in the Code Enforcement files and in the E-911 Master File that is maintained by the E-911 Addressing Coordinator.  In the case of it being a new road that is added, an additional map with the road specifications information drawn on it must also be included for distribution.  Maureen Scanlon suggested a different street name be designated due to the fact that we already have a Sebago Road, Shore Road, and West Shore Road in Sebago.  She explained that this would cause confusion for the emergency responders and is frowned upon by MEGIS.  Sherry stated that she would prefer to use this name because she has already started marketing it this way.  It was noted that the name of the subdivision could be changed to Sebago West Shore Estates with the name of the street being changed to something different.  Maureen stated that she would check into the matter and report her findings back to the Board and the Millers.  There was some discussion on how this name change for the Subdivision would affect the deeds of the properties that have already been sold and the plans that have already been recorded at the Registry of Deeds.  Sherry stated that it is a simple matter of filing a “Declaration” that is added at the Registry of Deeds.  The Board asked the Millers to submit a new plan design with the new name and a statement on it that it was formerly known as “Taralaine Estates”.  The Millers stated that they are not changing anything but the name, so there shouldn’t be a need for a new plan to be submitted.  Since this Board has never addressed this type of situation before, they asked Maureen to check with the Registry of Deeds to see if there is anything else they should be doing or addressing to make sure it is done properly.  They also asked Bob DeVilleneuve to check with the town’s attorney and MMA on the matter.    

This item will be added to the agenda for next month’s meeting.          

VII     Adjournment

Joe McMahon made a motion to adjourn at 8:22 p.m.  It was seconded by Phil Lowe.  Motion carried with all in favor.

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