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Planning Board Minutes 03/13/2012
I       Call to Order

Chairman Paul White called the meeting to order at 7:02 p.m.

Present: Donna Cook, Joe McMahon, Tina Vanasse, Paul White, Code Enforcement Officer Brandon Wooley, Recorder Maureen Scanlon.

Absent: Chuck Archer, Phil Lowe, Dick Perry

Guests present: Benson Bowditch, Cindy Wilson, Jon Whitten Jr. (from Terradyn Consultants LLC), Carol Woodman, Selectmen; Allen Crabtree and Edie Harnden, Philip Harnden, Jim & Marjorie Jansz, Norman Storey, Shanna Chamberlain, Ron Johnson, Paul Anderson, Dave Anderson, Brian Rayback, Ryan Anderson.

Paul White introduced and welcomed the new Code Enforcement Officer, Brandon Wooley, to the Planning Board members and the audience.

II      Public Hearing – 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 project in detail for the members of the audience.  He explained that this second Public Hearing by the Planning Board is being held due to the fact that there were some design plan improvement changes since the last Public Hearing that was held on September 13, 2011.  He reviewed the changes in detail.  The building was moved approximately thirty-five (35) feet back and thus lowering it two feet in elevation which will save some money on site costs.  The infiltration basin approval was finalized by the Department of Environmental Protection.  The original design included a detention pond instead of an infiltration basin.  Those were the two biggest changes to the original plan.  The impervious area was also reduced by approximately eight thousand (8,000) sq. ft. by putting more parking area up front rather than out back.  Carol Woodman asked if in the past the Board has considered the issue of the shared access (roadway).  She was concerned that there may be a potential for an emergency vehicle to be trying to get through the entrance at the same time as a large construction vehicle.  There was some discussion on this between the Board and Jon Whitten who explained that the Shaw Brothers plan to have this as an access for development at a later date when they are done with the gravel pit.  They want to reserve an access point so that business and commercial uses can potentially have two different access points to the property.  The Department of Transportation is pretty restrictive on this and they would not be able to obtain another access point at a later date; but it has been approved at this time.            

Paul White closed the Public Hearing at 7:20 p.m.

The regular Planning Board meeting commenced at 7:21 p.m.       

III     Correspondence

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

        DOCUMENTATION:

1.      Documentation on the Public Hearing for the Fire & Rescue Building Location project.
2.      Documentation on the Follow-up site Plan Review for Edward & Carol Woodman.
3.      Documentation on the Site Plan Review for George Anderson & Sons Inc.  

CORRESPONDENCE:

1.      A “reminder” page to put at the beginning of the Site Plan Review Ordinance section of each of the Board member’s “Town of Sebago Ordinance Book” that will remind them that the Site Plan Review ordinance is now superseded by the Land Use Ordinance as of May 25, 2010.  (NOTE: The former Site Plan Review ordinance is being retained for historical reference on projects that were approved by the Planning Board before May 25, 2010.)
2.      A copy of the Sebago Lake State of the Lake 2012 Report from the Portland Water District.

The following correspondence was distributed to the Planning Board members at the meeting;

1.      A copy of an e-mail correspondence received from Carrie Walia from Loon Echo Land Trust regarding a more in-depth tutorial on the Lake Region Greenprint plan.  This item was discussed at the end of the meeting.

A copy of this correspondence is attached to and does hereby become a part of the original set of these minutes.

IV      Open to Public Questions – None

V       Review of Minutes (February 14, 2012)

Tina Vanasse made a motion to accept the February 14, 2012 meeting minutes as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor.

VI      Old Business

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

Paul White stated that the conditions for this project have been met and approved in the past.  Basically they are here to present the improvement changes that where discussed during the Public Hearing portion of this meeting.  Jon Whitten answered questions from the Board which included discussion on the paving plans.  As far as the issue of shared road access, Paul stated that it is a good question, however, a road could be blocked anywhere for any reason, so there is no particular reason to believe this road would be more subject to it.  Jon Whitten stated that there are no plans for the Shaw Brothers to use this for construction vehicles and do not intend to use it as an access to the property for several years down the road.    

Donna Cook made a motion to approve the Site Plan Review.  It was seconded by Joe McMahon.  Motion carried with all in favor.

b.      Follow-up on Site Plan Review (from the February 9, 2010 meeting) – (Edward & Carol Woodman) – Map 19, Lot 19
Carol Woodman reviewed her request to remove the requirement of obtaining the easement for the restaurant building from the original Site Plan Review approval.  She explained that this has been a difficult and time consuming process and that it has still not been resolved.  The easement that was required for the approval was for a different building that has nothing to do with the building that is to be reconstructed.  The plan was to remove two buildings (cabins) that were in need of repair and replace them with one duplex (cabin) unit.  It was noted that none of the reconstruction work has commenced at this point.  Carol explained that the property is for sale at this time, but they would like to acquire the Planning Board approval even if they decide not to proceed with the project themselves because it may be something that a new owner would like to do if they are aware of the fact that it has already been approved.  Paul White informed Carol of the tolling of time issue, which means that the approval would only last one year.  At that point substantial progress would have to have been made or else the property owner would have to come back before this Board again for another approval.  There was some discussion as to whether or not another Public Hearing is required for this approval.  It was determined that it would not be required because the ordinance language uses the wording of “may” in it.  It was also noted that all of the current property abutters are the same abutters that were invited to attend the first Public Hearing on this matter and none of them chose to attend at that time.  

Joe McMahon made a motion for the Board to choose not to hold a Public Hearing on this matter.  It was seconded by Tina Vanasse.  Motion carried with all in favor.  

Donna Cook made a motion to approve the Woodman’s renewal of the previous Site Plan approval (from February 9, 2010) with the removal of the easement requirement.  It was seconded by Tina Vanasse.  Motion carried with all in favor.   

c.      Site Plan Review – (Adam S. Laneau & Jennifer M. Hubbard) –
Map 4, Lot 21-A

Maureen Scanlon reported that she received a phone call from Atty. Laurence Minott regarding this matter.  He has requested that this item be removed from this evening’s agenda and moved to the April 10, 2012 agenda.  He also mentioned to her that it may not be necessary for his clients to come back before this Board at all, so he will call again to be removed from the April agenda if warranted.  



VII     New Business

a.      Site Plan Review – (George Anderson & Sons Inc.) –                            Map 14, Lots 29 & 31

Before the start of this agenda item the Planning Board members each disclosed the following information in regards to their prior associations with the George Anderson & Sons Company.

Paul White stated that he has done business with the Andersons in the past and probably will again in the future.  His mother owns the property located across the street from this property.  Paul was also on the trust of his grandfather’s estate which sold the property to the Andersons.  

Donna Cook stated that she also does business with the Andersons and one of the abutting properties is owned by her in-laws.    

Tina Vanasse stated that she also has done business with them in the past.

Brian Rayback (from Pierce Atwood) explained that he is representing the Andersons tonight to help them work their way through this process.  He stated that this was discussed with the former Code Enforcement Officer who recommended that it be brought before the Planning Board.  This pit has been in existence for the past twenty (20) or more years.  Lots of gravel material has been removed over the years and now they are planning to perform blasting and quarry the property.  To their knowledge the project has never had a local permit, which they believe is because it was started before they were required, and it has been grandfathered for all those years.  What happened was that the Department of Environmental Protection paid them a visit and informed them that they need a DEP permit and that they may need a local permit also because they are expanding.  Hence they are coming before the Board to resolve the matter properly.  Brian reviewed the documentation items that were included in each of the Board member’s meeting packets.  According to the DEP the existing access roadway to the pit area has impacted the wetlands in that area and will require either a permit from the DEP or for them to restore it back to the way it was.  The Andersons have decided to restore the area because they do not need the road to access their operations.  They are working on this issue with the DEP and believe it is now settled.  They wanted to give full disclosure to this Board that that is part of what brought the DEP out to the site in the first place and got them thinking about what steps need to be taken for the permitting process.  The first thing the Andersons would like to do is get the Planning Board’s approval for future growth at the site.  Paul Anderson explained that this was not their original intention, but this is the DEP’s suggested approach to resolving the permitting situation.  There was some discussion on this item with Paul Anderson answering the Board’s general questions.       

A Site Walk was scheduled at this location for Saturday, March 17, 2012 at 8:00 am.            

Paul White stated that since the town does not have a specific ordinance regarding gravel pits, this Board will be applying the DEP standards and rules.  It was agreed that the applicants will return before the Board when they are ready to proceed.  
 
VIII    Miscellaneous Item

        Maureen Scanlon explained that she received an e-mail correspondence from Carrie Walia from Loon Echo Land Trust regarding a more in-depth tutorial on the Lake Region Greenprint plan.  Since the agenda for tonight’s meeting was pretty full she asked Maureen to check with this Board to see if they would prefer to do a training workshop separately from the regular monthly meeting and perhaps invite the Board of Selectmen and any other interested committees to that workshop.  After some discussion on the matter it was decided to have Carrie attend the next regular meeting on April 10th and plan on a forty-five minute workshop at the end of that meeting.  The Board of Selectmen will be invited to attend and anyone else they would like to invite from other committees.  

VIIII   Adjournment
Donna Cook made a motion to adjourn at 8:10 p.m.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

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