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Planning Board Minutes 03/11/2011
7:00 p.m.
Tuesday, March 8, 2011

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

        Guests present: Bill Thompson from BH2M Engineers

II      Correspondence

The following correspondence/documentation was distributed to the Planning Board members in their meeting packets;

1.      A memo dated February 10, 2011 regarding E-911 issues with the requested name of Taralaine Drive to Sebago West Shore Road.  A copy of this memo 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.      A memo dated March 1, 2011 regarding the Registry of Deeds information on the Taralaine Subdivision name change.  A copy of this memo 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.  

3.      A copy of the e-mail message to the Code Enforcement Officer from Maine Municipal Association’s Legal Department regarding the Taralaine Subdivision name change.  A copy of this e-mail message 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.

4.      A copy of the Sebago Lake Watershed Winter 2011 newsletter from the Portland Water District.  A copy of this newsletter is included in the Planning Board files.

5.      A copy of The Obligate newsletter for March 2011 from the Maine Association of Wetland Scientists.  A copy of this newsletter is included in the Planning Board files.
III     Open to Public Questions - None

IV      Review of Minutes (February 8, 2011)  
Phil Lowe made a motion to accept the February 8, 2011 meeting minutes as presented.  It was seconded by Donna Cook.  Motion carried with all in favor.

V       Old 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 13-9Subdivision

Maureen Scanlon stated that Mr. & Mrs. Miller were not able to attend this evening’s meeting.  Mrs. Miller stated that since they are not making any changes to this previously approved subdivision other than the name change of the subdivision itself and the roadway, there is no reason to come back before this Board for approval.  Maureen stated that the Millers were sent their copies of the aforementioned memos regarding the name changes to the roadway and subdivision.  The Board determined from the response from the Legal Services Department at Maine Municipal Association that in the absence of a local ordinance or regulations that provide otherwise, the changing of the name of the subdivision should be handled as an amendment to the original subdivision which warrants a new Subdivision Plan Review.  Therefore, if the name is changed, they need to come before this Board for approval of the subdivision.  A copy of this e-mail message from MMA’s Legal Department will be forwarded to the Millers.  There was some discussion regarding the fact that two lots appear to be larger on the current tax maps than what was originally approved in the subdivision.  The Board would like to identify what occurred in order for these lots to be enlarged without their approval for a change to the subdivision.  There was also some concern expressed over the fact that the roadway drawn on the original plans as “Kiddy Lane” was supposed to be kept open as an access road for fire protection.  It is currently overgrown to the point where access for fire protection is non-existent.  Paul White stated that there are two issues that need to be addressed at this point.  The first is that the name of this subdivision can not be changed without going through the Subdivision Plan Review process.  The second is that the roadway designated as Kiddy Lane needs to be brought back to a passable condition for fire protection purposes.  The aforementioned discrepancy in the size of two of the lots was also identified as something that needs to be clarified.  The Board understands that it was not the Millers that made these changes; however, clarification is necessary because they appear to be changes that were made to an existing subdivision without the Planning Board’s approval.  The town’s recourse for a situation such as this is that the Code Enforcement Officer is within his authority to deny any future building permits for these two lots because they are technically not approved lots because they are not the same lots that were in the original subdivision plans.          

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

Maureen Scanlon stated that the fee of $1080.00 that was determined at the last meeting has been paid.  Bill Thompson from BH2M Engineering explained that the original plan included a total of 56 house lots.  At this time, the only work completed is the roadway that has been constructed for Mariner Lane for 7 house lots off of Route 107 (Bridgton Road).  This area does not impact the Folly Road location at all.  The proposed roadway and utilities off of Folly Road, which would have served the remaining 49 house lots, has not been completed.  The requested amendment would be to eliminate all of the proposed roadway and utilities and reduce the 49 lots to 3 lots.  Each lot would be approximately 47 acres with 500 to 600 feet of road frontage along Folly Road.  These 3 lots would be offered for sale and any further development would need to meet local and state approvals.  At the last meeting the planning board discussion included proposed impact fees for any upgrades to the Folly Road.  Mr. Thompson’s client feels that with only 3 lots accessing from Folly Road the complete upgrade costs should not be assigned to this project.  Gilbert Homes Inc. proposes to pay $10,000.00 to the Town of Sebago upon the sale of each lot.  There was quite a bit of discussion regarding the request by Gilbert Homes Inc. to remove the requirement to improve the road which was a condition of the original approval.  Paul White asked Mr. Thompson for information regarding the original estimated cost of the required road improvements to the Folly Road.  The Board will then deduct the amount that is now being proposed to get a clearer picture of the difference that is to be considered.  The Planning Board asked that Maureen Scanlon invite the Fire Chief and the Public Works Foreman to their next regularly scheduled meeting in order to answer questions they have regarding fire protection and general roadway construction.  

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

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

The Board reviewed the Site Plan Approval and Subdivision Plan Approval Voting Matrix’s that Donna Cook developed.  Donna explained where the criterion for each item was derived from in the ordinance.  Discussion ensued on the usefulness of this tool and it was unanimously agreed that fine tuning will be done as they are used during the approval process which will only make them better.  The Board thanked Donna for her efforts and agreed to start using the matrix for future approvals.

d.      Miscellaneous Items

1.      General Fire Protection Information – Deputy Fire Chief Alan Greene

Phil Lowe stated that due to recent concerns expressed over fire protection items not being completed as per approval requirements for the Taralaine and Sebago Ridge Estates subdivisions, he asked Deputy Fire Chief Alan Greene to attend this meeting in order to get an idea of some of the issues that the Planning Board should be addressing.  Alan explained some of the general fire protection practices and what the Sebago Fire Department’s goals are for addressing the town’s needs.  He stated that the Fire Department would ultimately like to see more hydrants located throughout town.  One problem they have encountered in the past is not being able to utilize the town’s Public Works Department to perform the excavation work necessary to install a new hydrant making it very costly to put them into service.  He explained that sprinkler systems in a building are the most efficient way to extinguish a structure fire, however, an owner does have the ability to shut off the valve to the system if they choose to do so which is then counterproductive to installing the system in the first place.  A fire pond is an option that would benefit more residents in the immediate area; however, they do require regular maintenance for access and are susceptible to a variation in water levels depending on the time of year.  Cisterns are not as susceptible to variations in water levels but can be very costly to install and have a limited water supply.  Ultimately, fire hydrants are the best option for the town as a whole.  However, they also have their problems, such as when the line freezes in the cold weather during longer fire fighting periods (for larger structures) and limited water supplies for dry hydrants which draw water from ponds or rivers.  The Board thanked Alan for this very important information that they will take into consideration during their approval process for subdivisions, etc.
2.      Condominium Conversion Project (Continuation) – Dean Palli – Map 28, Lot 10

One of the Board members mentioned that these buildings are being advertised as “condominiums for sale” and the project was never approved for conversions to condominiums.  It was noted that Mr. Palli has never come back before this Board regarding this matter.  Bob DeVilleneuve stated that on July 16, 2010 he sent a letter to Mr. Palli ordering him to cease and desist immediately in repairing these structures and preparing them for sale until he obtained permission from the Planning Board by a Site Plan Review, and the necessary permits from the Code Enforcement office.  Mr. Palli still has not contacted Bob regarding this matter.  For the benefit of the newer members, Paul White explained that when Mr. Palli originally came before the Board he proposed to convert the buildings to condominiums which he intended to sell.  He was informed that the town does not have a condominium ordinance and therefore the Planning Board is not to required to allow the change of use for this property.  The Board asked the Code Enforcement Officer to send another letter to Mr. Palli advising him that this property and the buildings on it can be sold as one unit, but the buildings can not be sold individually as condominiums.  Copies of this letter are also to be sent to Mr. Palli’s attorney and realtor.      

3.      Long Beach Marina – Samuel & Jan Minervino – Map 19, Lot 99

As requested at the last meeting, Maureen Scanlon presented a draft copy of a letter to Samuel & Jan Minervino regarding the Planning Board’s issues to be addressed at the April 12, 2011 meeting.  For the benefit of the newer members, Bob DeVilleneuve was asked to give a brief history of the situation at the Long Beach Marina which has resulted in the Board’s request for them to attend the April meeting.  There was some discussion on this matter.  It was suggested that the Board identify their concerns to the Minervinos at the April meeting with the understanding that they will need to come back at a later date with their responses.       

Phil Lowe made a motion to accept the draft copy of the letter to Samuel & Jan Minervino as presented.  It was seconded by Donna Cook.  Motion carried with all in favor.  Maureen Scanlon will mail out this letter.
VI      New Business – None

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,
Maureen F. Scanlon
Administrative Assistant/Deputy Clerk