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Planning Board Minutes 08/09/2011
7:00 p.m.
Tuesday, August 9, 2011

I       Call to Order

Chairman 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: Bill Thompson (from BH2M Engineers), Jon Whitten Jr. (from Terradyn Consultants LLC), Bill Harrop, Kevin Murphy, Wally Harwood, Aaron Sheer, Kathleen McDade, Linda May, Roger Jones, Donna Jones, Christine Barbour, Selectmen; Edie Harnden, Allen Crabtree and Ann Farley, Steve McCandless, Mark Avery, Jeff Cutting, Rob Pfoh, Steven M. Hatch, Timothy Smith, John Porter, Jim & Marjie Jansz, Octavia & Sebastian Cariddi, Bob Rayner, Roger & Gwen Mercaldi, Mark Troiano, Town Manager Jim Smith.

II      Public Hearing – 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 Engineers introduced himself to the audience and gave an overview of the requested revisions to this previously approved subdivision project.  He explained that his client’s main request is to revert this previously approved subdivision from 49 lots back down to 3 lots.  There were no questions from the audience regarding this proposed subdivision revision.   

III     Correspondence

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


1.      Documentation on the Public Hearing for the Revised Sebago Ridge Estates Subdivision project.
2.      Documentation submitted by Jon H. Whitten, Jr., P.E. (from Terradyn Consultants, LLC) for the proposed Fire & Rescue Building Site project.


1.      The Department of Environmental Protection’s Summer 2011 Shoreland Zoning Newsletter.

IV      Open to Public Questions – None

V       Review of Minutes (July 12, 2011)       

Dick Perry made a motion to accept the July 12, 2011 meeting minutes as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor except for Paul White who abstained from the vote.

VI      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

Paul White stated that one issue that he thought of after the Site Walk is that we do want to keep the easement, for widening the road, in case the town ever wants to do that in the future.  He stated that basically this project would reduce multiple lots down to one back-lot because they do not want to pursue developing these additional lots in these economically difficult times.  He stated that he feels it is appropriate to allow what they have already built for a road with the small cul-de-sac and does not believe that they should be required to repair the road.  However, he suggested that the Board require them to provide an easement to the town.  This would at least give the town the width of a three rod road in that section of the road.  Actual repairs to the road would be addressed in the future if they, or any future purchaser of the land, decided to come back before the Planning Board to develop a subdivision.  Paul White confirmed with Maureen Scanlon that all necessary fees have been paid to date.  Maureen did mention that there is also an amount of funds that are still in an escrow account for this subdivision from when it was originally approved.  These fees are held in an escrow account to pay for engineering confirmation services to be performed by another engineering / surveying firm.  She stated that if these fees are no longer required because the work is no longer going to be done the excess funds will be returned to Mr. Thompson’s client.  She will look into it and follow-up with Mr. Thompson on the matter.  

Phil Lowe made a motion to accept the revision to the subdivision as presented.  It was seconded by Dick Perry.  Motion carried with all in favor except for Donna Cook who abstained from the vote.          

b.      Site Plan Review – Proposed Fire & Rescue Building Site –
(Town Manager James M. Smith III) – P/O Map 2, Lot 34

Jon Whitten Jr. from Terradyn Consultants, LLC reviewed the plans for this proposed project in detail.  He explained that he has made a change in the plan to reduce the impervious area and increase the parking areas.  He is focused on preserving as much “green space areas” as possible.  So far the plan shows all paved areas, but they would like to leave some areas as gravel which will eventually be paved, over the years.  This would be more cost effective for the town and the Department of Environmental Protection looks at gravel the same as pavement as far as stormwater is concerned.  He explained that the top one third of the building will be visible from Route 114 (Sebago Road).   He is going to try to keep as many trees in this location as possible for a buffer and aesthetics.  Lighting over the doors will not shine up into the sky.  Noise from sirens from emergency vehicles leaving the site is being considered for minimal disturbance and impact to the neighbors.  He will be going to the Department of Environmental Protection for the necessary permits.  He explained details on other items such as road grades, sloping and drainage at this location.  He explained that he is not the architect for the building and that he is working on the engineering of the site location; however, if anyone has any questions, he can check with the architect regarding specifics for the proposed building.  Paul White explained to Jon where to find information on what requirements will be addressed during the review and approval process.  Tina asked if this location was chosen because it is the geographical center of town or if there is another reason.  Allen Crabtree explained that approximately 5 or 6 years ago a study was done by the Maine Fire Safety Academy.  One of the recommendations from this study was for the town to consolidate Fire Stations 2 & 3, and continue to have Station 1 remain in service.  This location was selected as the most central in comparison to the other proposed site locations.  The proximity of this location would also take care of insurance concerns for Sebago residents.  Jon answered questions from the Board regarding items such as wetlands and drainage elevations.  There was some discussion on determining any fees that may apply.  

A Site Walk will be performed at this location on Saturday, August 13, 2011 at 8:00 am.    

A Public Hearing will be held on this matter at the September 13, 2011 Planning Board meeting.  

Paul White stated that this will be a good opportunity to use the new Site Plan Approval Voting Matrix.  Since this is somewhat different than an ordinary situation, two questions arise.  If this was a permissible corporation it would be subject to a contract with the Shaw Brothers.  Paul asked if there has actually been political approval either at the Selectman’s level or the Town Meeting level for the financing and the final approval to move forward with the project.  Allen Crabtree stated that we have considerable financing available.  The Selectmen want to get all the necessary permits and approvals in place before issuing an RFP for the work to be done.  Paul clarified where we are in the process by confirming that the purchase of the property has been approved by the Selectmen.  However, there aren’t any contracts signed with the Shaw Brothers, at this point for the purchase of the property or for the cost of the site work.  It was noted that Natural Resource Extraction, Inc. is the actual name of the property owner, not Shaw Brothers.                 

c.      Further Exploration of Issues regarding Long Beach LLC –
(Samuel & Jan Minervino)

Bob DeVilleneuve briefly reviewed the chronology of events to date such as letters that were sent and what items were being requested to be addressed.  He then updated the Board on the current status of this situation.  He stated that he has not gone down to count the moorings.  He spoke with Town Manager Jim Smith about this matter because he is not quite sure how to proceed since we don’t have a Mooring Ordinance in this town.  Jim, in turn, spoke to the town’s attorney, Amy Tchao, for guidance on how to proceed.  Jim stated that she determined that the number of thirty-six (36) moorings is the actual number of moorings that was accepted by the Planning Board almost 25 years ago according to the meeting minutes where Mr. Minervino’s father stated that that was the amount of moorings that were in existence at that time when he owned the property.  Therefore, since this number has been acceptable to the town since then he would not be in violation until he used a thirty-seventh (37th) mooring.  At that point, the Code Enforcement Officer would issue a “Notice of Violation”.  Paul White stated that at the last meeting the Planning Board recommended that the Board of Selectmen take action against Long Beach LLC if they have more than the approved thirty-six (36) moorings.  It was also left open for someone to investigate what the actual number of existing moorings is today.  This would not be the responsibility of the voluntary members of the Planning Board.  In fact, it would be a violation of their duty to look into it personally.  That has to be done by the appropriate town employee who then reports back to the Planning Board (or Board of Selectmen if necessary).  There was quite a bit of discussion on how this would be done and even if it is reasonable since the town does not have a Mooring Ordinance.  There was also some discussion on the town’s authority on this matter regarding this questionable unauthorized expansion to the existing business.  It was stated that if an issue is brought before the Planning Board, it will be addressed by them; they would not pursue something without having it brought before them by the town’s officers.  The Board determined that it is up to the town officers; meaning the Code Enforcement Officer, Town Manager, or Board of Selectmen to determine if a violation has occurred.  Until then, there is no reason for the Planning Board to proceed any further at this time.                  
d.      Easement Dissolution Issue – (Marjorie & James Jansz) –
Map 2, Lot 2-H

Phil Lowe stated that after the last meeting his concern was that the original reason for the easement is no longer needed therefore the Jansz’s should be allowed to dissolve the easement and their deed should reflect that fact.  The question is who would be responsible to pay for that, would it be the subdivision contractor that no longer is using the easement for the originally intended use, or the current property owner.  Paul White stated that the Planning Board does not act to give legal advice.  They act when presentations are made to them to determine that the information is appropriate according to the town’s regulations.  The dissolution of the easement would fall under the authority of the District Court.  An easement can be retained if the original purpose is no longer needed.  In this situation, it was originally intended to be used as a retention area.  That original plan was changed and the change was approved as an appropriate change.  Mr. Jansz stated that their intent is to resolve this matter and remove the little black cloud on the property in case they decide to sell it in the future.  The Board advised them to pursue the matter through the District Court process.  

e.      Family Campground Issue (Non-Commercial Use) –
(Code Enforcement Officer Bob DeVilleneuve)

Bob asked the Planning Board as to what constitutes a campground?  The property in question was determined to be in the Village District but is not covered in the Land Use Ordinance because it is not a commercial use of the property.  This property has approximately four (4) camper trailers on it that are being used for temporary periods of time by visiting family members.  It was stated that if they where set up permanently, this would be a problem.  The Board determined that this doesn’t seem to be a problem because it does not seem to be a “true” campground.      

VII     New Business

a.      Miscellaneous Item – Future of Sebago Elementary School

Paul White reported that he recently attended a meeting regarding the study being done to access the future use of the Sebago Elementary School building.  He stated that he does not feel as though it makes economic sense for the School District and the town to close this school.  The technological advances that have been made since the late 60’s and early 70’s now means that the previously perceived need to ship children around to other locations has been superseded by the age of the Internet.  He spoke about the variable costs that can be controlled such as administrative costs versus costs that can not be controlled such as rising fuel costs for driving students further distances because local school have been closed.  It was mentioned during that meeting that these small units of approximately 120 students are very effective in educating the children.  One of the things that is bothering Paul is that they are closing down one of their most effective schools and relocating those students to a school further away.  Another thing is that when the population grows, which it will, there will be a need to build a new school.  He stated that it would make more sense to keep the school open and have seats available for future expansions.  He just wanted to give this Board an update on the status of this matter.  There was some discussion amongst the Board regarding this subject.     
VIII    Adjournment

Donna Cook made a motion to adjourn at 8:35 p.m.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

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

Note: These minutes are not verbatim.  A recording of the proceedings are available in the Clerk’s office during regular office hours.