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Planning Board Minutes 04/10/2012
I       Call to Order

Chairman Paul White called the meeting to order at 7:07 p.m.

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

Guests present: Atty. Laurence Minott, Jr. (from Sawyer, Sawyer & Minott P.A.), Kaitlyn Hall, Tom Greer from Pinkham & Greer, Nate Wadsworth from K&W Timberlands, Atty. David Soley, Len & Karen Laminuzzi, Bob Walker, Atty. Bill Welch, Atty. Andy Sparks.

Paul White stated that the Planning Board has received a letter of resignation from Board member Chuck (Charles) Archer due to other commitments at this time.  The Board accepted his resignation and will forward it to the Board of Selectmen so that they may fill the vacant position.     

II      Correspondence – None

III     Open to Public Questions – None

IV      Review of Minutes (March 13, 2012)

Tina Vanasse made a motion to accept the March 13, 2012 meeting minutes as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor except Phil Lowe and Dick Perry who both abstained from the vote.

V       Old Business

a.      Site Plan Review – Division of 7.2 Acre Parcel of Land – (Adam S. Laneau & Jennifer M. Hubbard) – Map 4, Lot 21-A – 74 Eagle Crest Rd.

Paul White reviewed the letter dated February 29, 2008 to Laurence P. Minott, Jr., Esq. from James Smith who was the Code Enforcement Officer for the Town of Sebago at that time.  This letter is in response to Mr. Minott’s request for a no-action letter from the town.  A copy of this letter is included as Exhibit 8 in the Site Plan Review Application received from Mr. Laneau on January 27, 2012.  It was noted that because of the time period involved all of the divisions of property happened over five year intervals except for the one that was noted in the application documentation, which the town decided not to take action against.  It was also noted that the original subdivision divided the property into two lots and then there was an additional division that divided lot #1 into #1A and #1B.  When Lot #1B was sold to three owners (in common) it was then divided into three which created an illegal subdivision.  The non-action letter from the town basically states that the town is not going to seek any civil damages, but the division of property is still considered illegal because it hasn’t been granted approval yet.  There was some discussion on whether it would be appropriate for this Board to also issue a letter of non-action.  It was determined that it would not be inappropriate but there needs to a completed form or letter sent to the Registry of Deeds stating that although these lots were created illegally, the town is granting a variance to allow them.  Paul White stated that they would have to go before the Zoning Board of Appeals for a variance because this Board does not issue variances.  Mr. Laneau’s property can not be divided until this variance has been granted and recorded at the Registry of Deeds.  It was noted that once this variance has been granted it does not restart the “time clock” on the five year period which started in 2005.         

This item was dismissed by this Board without prejudice.  It was suggested that Mr. Minott’s clients bring this matter before the Zoning Board of Appeals for a variance on the original illegal subdivision and have that recorded at the Cumberland County Registry of Deeds.

VI      New Business
        
a.      Site Plan Review – Children’s Day Care Center (Kaitlyn Hall) – Map 10, Lot 20 – 14 Hogfat Hill Rd.

Katie Hall informed the Board of her desire to run a Children’s Day Care Center out of her home.  The Board referred to what has been done in the past for this type of request.  There was some discussion on this process.  Katie provided a letter from her fiancé, Nick Reynolds, the owner of the property, granting her permission to run a Children’s Day Care Center in his home.  A copy of this letter is included in the Planning Board file for this project.  

Phil Lowe made a motion to accept the completed application for the Children’s Day Care Center at 14 Hogfat Hill Road as presented.  It was seconded by Tina Vanasse.  Motion carried with all in favor.  

A Site Walk will be held at this location on Saturday, April 14, 2012 at 8:00am.  

A Public Hearing will be held on this matter at the May 8, 2012 Planning Board Meeting.  

b.      Subdivision Review – Bald Pate View Estates (K&W Timberlands LLC) – Map 17, Lots 2 thru 2-13 – Land Only

Thomas Greer, P.E. from Pinkham & Greer reviewed the project in detail.  Basically, the application cover letter stated that after several years of marketing the project they believe it is in their best interest to construct a fire pond for fire protection (as opposed to installing sprinkler systems in each building).  They asked the Board to approve the following changes to this previously approved subdivision:  

1.      The construction of a fire pond on Lot 6 of the subdivision with easements running to the Town of Sebago.
2.      The construction of a 60 foot long shoulder to allow fire trucks to move out of the travel lane.
3.      Removal of Note 29 requiring the installation of sprinklers in each home.   

There was some discussion amongst the Board members regarding the matter of fire ponds in general.  Phil Lowe stated that he has reservations regarding fire ponds at this point because the last one that was approved appears to have failed due to improper installed.  Mr. Greer gave input on what is required for a sufficiently engineered fire pond.  He explained the engineering design that he has developed for this pond to assure it is more than adequate for fire protection in this location.  Nate Wadsworth stated that this is more desirable because it will serve the community as opposed as sprinkler systems in each home that only services that particular home.  Brandon Woolley added that usually when a fire occurs in a residential building one of the first things that is done is that the electrical power to the building is shut off which essentially renders the sprinkler system useless.  Phil Lowe asked what the cost is to sprinkler a residential building and was informed that the average cost is $10,000.00.  There are fourteen buildings included in this subdivision plan.  Phil mentioned that this would be quite a release of obligation if it is approved, and would help with fire protection to other buildings in the area.  There was some discussion on other fire protection options and the different requirements that need to be met.  Paul White suggested that the Fire Department give some input on the matter.  He stated that this Board would not approve of it if the Fire Department does not approve.  He asked Mr. Greer to contact the Fire Department for a letter attesting to their approval for this Board to proceed with the granting of this request.  He stated that this would not mean that this Board would have to approve it, but would take it into consideration.  It was also discussed that an Association Agreement should be provided stating that the Town is not responsible for maintenance of the fire pond.  This agenda item will be “Tabled” until the May 8, 2012 meeting.     

c.      Site Plan Review – Relocation of Walkway (Non-Conforming Use in the Shoreland Zone) – (Karen Lamanuzzi – Map 21, Lot 26 – 72 Shore Rd.) & (Bradford & Geraldine Park – Map 21, Lot 24 – 70 Shore Rd.)  

Attorney David Soley who represents the Lamanuzzi’s introduced the parties present, including the other attorneys, to the Board.  He proceeded to review this project and explained the background on why this change is needed.  Basically, the original ramp was constructed to allow Mr. Park’s handicapped son access to the water.  The ramp which was built approximately twenty-five years ago was supposed to be located directly on the right-of-way which is on the Park’s property.  Unfortunately, it was constructed on a portion of the Lamanuzzi’s property.  This ramp is now twenty-five years old and needs repair therefore it is felt that this is the time to relocate it to a more appropriate location.  However, it is no longer possible to construct it directly on the right-of-way due to the fact that three huge trees have now grown where it should have originally been placed.  The Lamanuzzi’s have agreed to allow a small portion of the ramp to be located on a section of their property because of this fact.  The parties are now requesting permission from this Board to move forward with the relocation process.  It was noted that when the ramp was originally constructed there were no permits required to do so.  This right-of-way has been there to provide back lot residents access to the water for approximately the past sixty to seventy years.  There was quite a bit of discussion on how this may affect the rights of the property owners that have an easement interest in this right-of-way.  Paul White asked Mr. Soley for a copy of the document that has been drafted which refers to the right-of-way, the ramp, and the rights of the parties that are using it.  He specifically wants to see the language that refers to the inclusion of the small section of the Lamanuzzi’s property that will be occupied by the new ramp.  This document will be included in the Planning Board file for this project.  

A Site Walk will be held at this location on Saturday, April 14, 2012 at 9:00am.

A Public Hearing will be held on this matter at the May 8, 2012 Planning Board meeting.            

d.      Goal Setting Items – (Phil Lowe)

1.      Voting Matrix (finalizing process)

This item was deferred until the May 8, 2012 meeting.

2.      Generic Specifications for Hydrant/Fire Ponds

Brandon Woolley gave extensive input on this subject after explaining some of the background of where he has acquired his knowledge.  He has an engineering background and as a General Contractor has built a lot of impound ponds and holding tanks for sprinkler systems.  He is also a District Fire Chief for the Town of Baldwin.  There was quite a bit of general discussion on this matter.  It was noted that the development of an ordinance or at least the adoption of appropriate standards should be done by the Fire Department.  Without this information this Board is at a loss as to what requirements they need to assure are being met.          

VII     Workshop

(Tutorial demonstration on Lake Region Greenprint plan with Carrie Walia from Loon Echo Land Trust)

        Due to technical problems with computer systems this workshop will be rescheduled.  

VIII    Miscellaneous Items

1.      Change in Meeting Location Needed

Maureen Scanlon explained that the location for the June 12, 2012 Planning Board meeting will have to be changed in order to accommodate the State Primary/Referendum Election that will be held in the large meeting room at the Town Office building.  The Planning Board agreed to hold the June meeting in the lower level of the “Old” Town Hall building.

2.      Elected Officials

Paul White stated that it has been brought to his attention that it may be time to hold an election for the Officer positions on this Board.  Phil Lowe explained that he has noticed that on a yearly basis the Board of Selectmen formally elects a Board Chair and a Vice Chair.  He feels as though having a Vice Chair or Co-Chair helps alleviate some of the pressure off of the Board’s Chairperson when they are unable to attend a meeting by having someone available to run the meeting in their absence.  He stated that he is not interested in this position, but feels as though it would be a good idea to elect a Vice Chair to the Board and any one of the members is capable of filling the position.  Paul White stated that he will continue as the Board Chair if the rest of the Board would like him to do so, but having someone to serve as a Co-Chair if he can’t make it to a meeting makes sense.  He asked for a volunteer from the Board to fill the Co-Chair position.  

After some discussion amongst the Board members regarding this matter, Paul White made a motion that he continue as the Board Chair and nominated Phil Lowe as the Co-Chair.  It was seconded by Dick Perry.  Motion carried with all in favor.  

The Election of Officials will be done annually.  Term positions expire in July so another vote will be held at that time if necessary.     

3.      Archived Ordinances

Maureen Scanlon mentioned that at the December 13, 2011 meeting the subject of the former Site Plan Review Ordinance being superseded by the Land Use Ordinance was discussed.  Specifically, the Planning Board directed Maureen to instruct the Town Clerk not to remove the Site Plan Review Ordinance from the town’s website.  However, they requested that a notation be made on the Site Plan Review Ordinance stating that anyone reviewing this information should refer to the Land Use Ordinance for Site Plan Review instructions and requirements.  Maureen asked the Board if there were other ordinances that have been superseded by the Land Use Ordinance that this notation should also be added to on the website so that people are not retrieving information that may no longer be correct.  After some discussion on the matter, the Board directed Maureen to instruct the Town Clerk to create a file on the website under the heading of “Archived Ordinances” which is to include the following ordinances;

·       Site Plan Review Ordinance
·       Subdivision Ordinance
·       Building Ordinance

The reason these ordinances are not being removed completely from the website is for historical reference when needed.      
 
VIIII   Adjournment

Tina Vanasse made a motion to adjourn at 9:10 p.m.  It was seconded by Paul White.  Motion carried with all in favor.

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