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Planning Board Minutes 05/08/2012
I       Call to Order

Chairman Paul White called the meeting to order at 7:00 p.m.

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

Absent: Dick Perry

Guests present: Kaitlyn Hall, Atty. David Soley, Atty. Andy Sparks, Jim Jansz, Len & Karen Laminuzzi, Bob Walker, Jerry Holt, Alan Munroe, Daphne Lindell, Carrie Walia, Tom Greer (from Pinkham & Greer), and several other residents that did not sign in as present.

Paul White stated that the Board of Selectmen has received a letter of interest from Jim Jansz to fill the vacant position on this Board; he then read aloud a brief statement regarding his concerns with Mr. Jansz’ request.  The Board of Selectmen has requested a recommendation from this Board on the appointment.  This matter will be discussed at the end of the meeting.     

II      Public Hearing – Site Plan Review – Children’s Day Care Center – (Kaitlyn Hall) – Map 10, Lot 20 – 14 Hogfat Hill Rd.

        Maureen Scanlon stated that all fees have been reimbursed to Town of Sebago for the processing of this Public Hearing.

        Paul White asked if anyone from the audience would like to make a statement regarding this proposed Children’s Day Care Center.  No one came forward.  

        Paul White closed this Public Hearing at 7:05 p.m.      

III     Public Hearing – 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.)

        Maureen Scanlon stated that all fees have been reimbursed to Town of Sebago for the processing of this Public Hearing.  

Maureen Scanlon distributed copies to the Board members of an e-mail she received on May 4, 2012 from property abutter Brandon Braley.  She explained that Mr. Braley’s statement basically states that he feels as though the proposed approach for relocating a walkway within the right-of-way seems reasonable and he trusts that this will address the needs of all concerned.  A copy of this e-mail is hereby included in the Planning Board file for this project.

        For the benefit of the audience, Attorney David Soley who represents the Lamanuzzi’s, reviewed their proposal to remedy an existing condition that occurred due to the accidental misplacement of the ramp that leads to the water, on the Lamanuzzi’s property instead of being placed directly on the right-of-way.  He distributed “more detailed” copies of the proposed walkway relocation design plan and specifications to the Board members.  Copies of this documentation are hereby included in the Planning Board file for this project.
        
        Paul White closed this Public Hearing at 7:12 p.m.

The regular Planning Board meeting commenced at 7:13 p.m.

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

        DOCUMENTATION:

1.      Documentation on the Public Hearing/Site Plan Review for Kaitlyn Hall.
2.      Documentation on the Public Hearing/Site Plan Review for Karen Lamanuzzi and Bradford & Geraldine Park.
3.      Documentation on the Subdivision Review for K&W Timberlands LLC.
4.      Documentation on the Site Plan Review for George Anderson & Sons Inc.   

CORRESPONDENCE:

1.      Letter to Town Manager & Board of Selectmen regarding Planning Board vacancy.
2.      Letter to Board of Selectmen regarding request for appointment to Planning Board.
3.      E-mail request from Colin Holme (LEA) to make a presentation to Planning Board.
4.      Letter from Gilbert Homes requesting reimbursement of funds.

Copies of these correspondences are attached to and do hereby become a part of the original set of these minutes.

V       Open to Public Questions – None

VI      Review of Minutes (April 10, 2012)

Phil Lowe made a motion to accept the April 10, 2012 meeting minutes as presented.  It was seconded by Donna Cook.  Motion carried with all in favor.

VII     Old Business

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

Paul White stated that the Board is satisfied that the building is sufficient to support a Children’s Day Care Center.  He asked the Board members if anyone has any concerns that need to be addressed or comments on the matter.  No issues were brought up for discussion.

Joe McMahon made a motion to approve the application for Ms. Hall’s Children’s Day Care Center as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.  

The Board directed Maureen Scanlon to compose an approval confirmation letter for Ms. Hall to present to the State of Maine for their licensing approval process.     

b.      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.)

It was noted that a copy of the easement with the language specific to the added rights (of all the affected parties) is to be submitted to the Town of Sebago for inclusion in the Planning Board file for this matter.

Joe McMahon made a motion to approve the request to relocate the walkway as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.  

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

Tom Greer from Pinkham & Greer explained that he has made several attempts to contact the Sebago Fire Chief with no response from him at this time.  He has sent a letter to Chief Littlefield with the design plans and specifications included for his approval which he anticipates will be granted.  

In the spirit of trying to get the whole concept of fire ponds correct in the Town of Sebago, Phil Lowe made some comments on the matter in general.  He stated that the fact that there have been some fire ponds in town that have failed is the town’s fault because that is the inherent problem with assuring proper construction of them in the first place.  He feels as though we need to learn from past mistakes and assure things are done right in the future.  He reviewed four recommendations, aside from the requirement that it be designed by a licensed engineer, that may help during the fire pond approval process.  He stated that the bigger problem once a fire pond has been constructed is the continuation of maintenance.  Currently the town’s budget does not include a line item to cover the continued proper maintenance of fire ponds.  Therefore, he suggested that an owner’s association be established for the subdivision which would be responsible for the maintenance of not only the fire pond but also the road, which may or may not be accepted by the town at some point.  He would like to see not only initial testing but also continued testing down the road.  If at that point the fire pond is found not to be viable it should be the responsibility of the owner’s association to provide the necessary repairs and not the town’s responsibility.  He stated that this should be a condition of the approval with the additional requirement that if the fire pond is found to be non-functional, any structures built after that determination would require the installation of sprinklers for fire protection.  A statement should be generated by this Board specifying this requirement which should be included on the approved design plan.  In addition, a further statement stating that if the fire pond is not maintained and the town has to provide the required maintenance, those properties immediately affected in the subdivision would pay the cost of that maintenance.  A breakdown of Phil’s four points is as follows;

1.      Owner’s Association to identify what the purpose is, for both road and fire pond maintenance.  
2.      Ongoing testing to prove that it is a viable fire pond, over a period of time, and not just the initial approval was performed.  This would include allowing the town the right to go back and require the installation of sprinkler systems in buildings if the fire pond fails and the problem has not been properly corrected.
3.      Fire Department approval will be required unless the Fire Department has given their written permission for the Code Enforcement Officer to grant the approval.   
4.      Maintenance for the roads and fire ponds should be borne by the Owner’s Association.  If that can not happen and the town has to step in for safety reasons pertaining to the road or fire pond, the associated cost to perform the repairs should be reimbursed to the town by all of the property owners in the subdivision.  This would mean that the tax payers in town would not be saddled with the burden of ongoing maintenance for the road or fire pond in the subdivision.

There was some discussion amongst the Board members regarding these points, with input from Mr. Greer who has had some experience with how other towns have handled similar situations.  

A Site Walk will be held at this location on Saturday, June 2, 2012 at 8:00am.  

A Public Hearing will be held on this matter at the June 12, 2012 Planning Board Meeting.

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

Maureen Scanlon explained that David Anderson has contacted her and requested a Public Hearing at the June 12, 2012 Planning Board meeting.  
He submitted documentation for the Board’s review before that meeting, which was included with the meeting packets for this meeting.  

A Public Hearing will be held on this matter at the June 12, 2012 Planning Board Meeting.

e.      Goal Setting Items – (Phil Lowe)

1.      Voting Matrix (finalizing process)

This item was deferred to next month’s meeting and will continue to be included on the Planning Board meeting agendas until this task has been completed.

2.      Generic Specifications for Hydrant/Fire Ponds
This item was deferred to next month’s meeting and will continue to be included on the Planning Board meeting agendas until this task has been completed.

VIII    New Business - Miscellaneous Items

1.      Board of Selectmen’s Request for Recommendation for Planning Board Appointment

The meeting packets for this meeting included a letter to the Sebago Board of Selectmen from town resident James (Jim) Jansz regarding his interest to fill the recently vacated Planning Board position.  (Chuck Archer’s resignation was accepted at the April 10th meeting.)  A copy of this letter is attached to and does hereby become part of the original set of minutes for this meeting.   The Board of Selectmen has asked for the Planning Board’s recommendation on Jim’s appointment.  Paul White stated that he has concerns regarding this matter and feels as though Mr. Jansz should wait to join this Board until his ongoing property dispute has been resolved.  Mr. Jansz explained that he has taken this into consideration.  He stated that he has put a lot of thought into the matter and does not want to wait until his situation is resolved because he does not know when a position may open up again.  However, if a matter comes before the Board that presents a possible conflict of interest he will not hesitate to recuse himself.  He answered the Board’s questions regarding his experience and what he feels he can bring to the table.  There was some discussion amongst the Board regarding this matter.  

Phil Lowe made a motion to recommend that the Board of Selectmen appoint Mr. Jansz to the Planning Board.  It was seconded by Donna Cook.  Motion carried with four members in favor and one opposed.         

2.      Colin Holme’s (from Lakes Environmental Association) Request to Make a Presentation to the Board

Maureen Scanlon stated that the meeting packet for this meeting included an e-mail from Colin Holme (from LEA), requesting the opportunity for he and Chad Thompson (from Portland Water District) to make a presentation to this Board.  They are interested in having an open discussion on reviewing development projects for their impacts on water quality.

This item will be added to the agenda for the June 12, 2012 Planning Board meeting.   

3.      Gilbert Homes’ Request for Reimbursement of Funds

Maureen Scanlon stated that the meeting packet for this meeting included a letter which formally requests the reimbursement of funds from Project Manager William A. Thompson who represents Gilbert Homes for their Sebago Ridge Estates subdivision.  A copy of this letter is attached to and does hereby become a part of the original set of these minutes.  She explained that she has presented this letter to Town Manager Jim Smith for his approval.  He has informed her not to process any payments to Don Gilbert until he researches the matter and confers with the town’s attorney.   

VIIII   Adjournment

Phil Lowe made a motion to adjourn the regular Planning Board meeting at 7:55 p.m. and proceed with the workshop portion of this meeting.  It was seconded by Tina Vanasse.  Motion carried with all in favor.


X       Workshop

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

Minutes were not taken for this section of the meeting which was held as an informational workshop for the Planning Board members.

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