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Planning Board Minutes 06/12/2012
I       Call to Order

Chairman Paul White called the meeting to order at 6:56 p.m.

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

Guests present: Marjorie Saunders, Marjie Jansz, David Anderson, Rob McSorley (from Sebago Technics), Leroy Osgood, Edythe Harnden, Philip Harnden Sr., Atty. Laurence Minott, Jr. (from Sawyer, Sawyer & Minott P.A.), Chad Thompson (from Portland Water District), Colin Holme (from Lakes Environmental Association “LEA”), Sebago Fire Chief Ken Littlefield, Tom Greer (from Pinkham & Greer), Nate Wadsworth (from K&W Timberlands), Paul Anderson, Ryan Anderson, Adam Laneau, Christen Stande.

II      New Planning Board Member Appointed
        
Paul White reported that Jim Jansz has joined this Board.  He will be completing the term of the position that Chuck Archer resigned from in April.    
        
III     Public Hearing – Site Plan Review – (George Anderson & Sons Inc.) – Map 14, Lots 29 & 31 – (Gravel Pit Compliance)

        Rob McSorley from Sebago Technics reviewed the design plan for this gravel pit.  The intent is to bring this pit into compliance with today’s standards.  It was noted that this pit has been in existence for the past twenty (20) or more years before today’s permitting process was common practice.  A “Notice of Intent” has been received by the Andersons from the Department of Environmental Protection.  Mr. McSorley answered questions from the Board members.  Marjorie Saunders stated that she is the closet neighbor to the property location and she is satisfied with the presentation from Mr. McSorley.  She made note of the fact that the pit was in existence when she moved in.  

        This Public Hearing was closed at 7:04 p.m.

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

        Tom Greer from Pinkham and Greer reviewed the design plan changes for this previously approved subdivision.  He explained the details of the fire pond design that they are proposing to install in lieu of installing sprinkler systems in each of the individual dwellings.  This would allow additional fire protection for neighboring structures in this vicinity.  Mr. Greer answered questions from the Board.  He also answered questions from property abutter Christen Stande regarding her concerns about water drainage that may potentially affect her property.  Tom explained that any work being done will be further down the road from her location and nothing will be done that will affect the existing conditions of her property.  Sebago Fire Chief Ken Littlefield asked Tom if they will pave an apron area off of the roadway to accommodate the parking of fire apparatus.  Tom stated that the Fire Chief’s request would be completed as requested.  The Fire Chief also stated that he has reviewed the design plans for the fire pond and is satisfied with the submittal.  He stated that he accepts the engineered plans on behalf of the Sebago Fire Department.         
  
        This Public Hearing was closed at 7:12 p.m.

V       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 George Anderson & Sons Inc.
2.      Documentation on the Public Hearing/Subdivision Review for K&W Timberlands LLC.
3.      Documentation on the Follow-up Site Plan Review for Adam S. Laneau & Jennifer Hubbard.

CORRESPONDENCE:

1.      A copy of the Planning Board Approval Letter to Kaitlyn Hall for a Children’s Day Care Center.
2.      Follow-up e-mail from Carrie Walia (Loon Echo Land Trust) regarding the Lake Region Greenprint mapping tutorial in May.  
3.      E-mail and attachment received from Atty. Bill Welch regarding the Release Deed and Easement, Covenant and Agreement between Mrs. Lamanuzzi and Mr. & Mrs. Park.  (It was noted that the signing of this agreement has not been completed by Mr. & Mrs. Park as of this date.  The completed document will be forwarded to Maureen Scanlon for inclusion in the Planning Board file on this matter.)

Copies of these correspondences are included in the Planning Board project files or are attached to and do hereby become a part of the original set of these minutes.

ADDITIONAL CORRESPONDENCE

The following correspondence was distributed to the Board members at the start of this meeting.

1.      A copy of the Voting Matrix that Board member Donna Cook has been “fine tuning” further since it was originally developed.
2.      A copy of the Site Plan approval “check list” that Board member Donna Cook has also started in an effort to improve the approval process.  
3.      A copy of the e-mail from Tom Greer (from Pinkham and Greer) as a follow-up from the June 2, 2012 Site Walk at the Bald Pate View Estates subdivision location.  This e-mail includes the “Conditions of Approval” that will be discussed at this meeting.  

Copies of above items 1 & 2 are not included with these minutes because they are works in progress.  Item 3 has been included in the Planning Board file for this project.     

VI      Open to Public Questions – None


VII     Review of Minutes (May 8, 2012)

Donna Cook made a motion to accept the May 8, 2012 meeting minutes as presented.  It was seconded by Tina Vanasse.  Motion carried with all in favor except for Dick Perry who abstained from the vote.  

VIII    Old Business

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

It was noted that all fees have been paid, a Site Walk was performed at this location (on March 17, 2012), and they have DEP approval.  The Board further reviewed the approval requirements to assure compliance.  

Phil Lowe made a motion to accept this project as presented.  It was seconded by Dick Perry.  Motion carried with all in favor.       

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

Code Enforcement Officer, Brandon Woolley spoke about the responsibility for maintaining the fire ponds in town and how this affects the overall fire rating of the entire town.  Phil Lowe and Fire Chief Ken Littlefield commented on this subject and discussion ensued.  Brandon suggested that upon completion of a fire pond the conditions of the approval should be that it has been certified by a Hydrologist and that an easement is granted to the town for maintenance.  He agrees that fire ponds are a benefit to the entire town and not just the subdivision where they may be physically located.  He suggested that this Board amend their conditions and not require the Homeowners Association to maintain the fire pond.  He feels as though the town should assume that responsibility to assure proper maintenance compliance once it has been certified and accepted.  Paul White stated that this would be a decision that would be made by the Board of Selectmen because they are the ones that have to decide whether or not they want to provide the associated funding.  Phil Lowe expressed concern about funding not be available to accomplish this task.  The Fire Chief explained that there is currently some funding available in the operating budget to maintain the town’s accepted fire ponds.  However, there are a couple of fire ponds in town that have failed or are not maintained by the Fire Department due to the lack of a proper easement being in place.  Paul White confirmed with the Fire Chief that if the fire pond has been certified by a Hydrologist and an easement has been granted that the Fire Department will agree to maintain it.  Phil Lowe stated that he has a concern about these subdivision roads not actually being accepted by the town and becoming a “public easement” road.  He would like to see the requirement that a subdivision create a Road Committee that would be required to address any necessary maintenance needs to the road.  There was some discussion on this matter.  Phil Lowe made the statement that he thinks that the effort and the design criteria presented would be up to the standards that Brandon has mentioned and is probably the model presentation that we want to see from anyone in the future.         

Phil Lowe made a motion to accept the Fire Pond as designed with the conditions that the apron is paved (for parking fire apparatus), that it is certified by a Hydrologist with an ISO rating (which it has been), and an easement is granted to the town.  It was seconded by Joe McMahon.  Motion carried with all in favor.    

c.      Follow-up on Site Plan Review – (Adam S. Laneau & Jennifer M. Hubbard) – Map 4, Lot 21-A – (Eagle Crest Rd.)

Atty. Minott explained why he has come back before the Planning Board instead of proceeding to the Zoning Board of Appeals.  He feels as though he has found information that would allow this Board’s approval.  Brandon Woolley explained that he has researched this matter and has found that it is not an illegal subdivision.  Basically, the two lots were divided over a period of sixteen years.  This matter doesn’t need to be before this Board because the minimum five-year requirement to split lots was adhered to.  The lot was originally split in 1993 and not again until 2005.  Based on the review of all three deeds, it looks like it is covered by the five-year Homestead requirement.  The problem was that because of the “Release Deeds” there was a convoluted appearance of conveyance that did not actually occur.  In one instance the party actually deeded it to herself because she got married and her name changed.  There was quite of bit of discussion and thorough review of this matter.  

Paul White made a motion that it will not require a Site Plan review to split this additional lot from Mr. Laneau’s property.  It was seconded by Phil Lowe.  Motion carried with all in favor. The Board agreed to allow the Code Enforcement Officer and Atty. Minott to compose a statement that will be recorded with the Registry of Deeds attesting to this clarification of the situation.    

d.      Goal Setting Items – (Phil Lowe)

1.      Voting Matrix (finalizing process)

Donna Cook reviewed some of the “fine tuning” that she has made to this document.  She asked that the other Board members review this information in order to help her in proceeding with this effort so that it can be used during the approval process.  

She also reviewed the “check list” that she started to compose.  The idea is that this “check list” would be given to a person coming in to the office in order to explain the review and approval process.  It would also help to maintain consistency in the overall process.   

There was some discussion on how these two tools will be helpful when they are completed for not only the Board but also for the general public.  

2.      Generic Specifications for Hydrant/Fire Pond

In an ongoing effort to complete this task, there was some discussion with the Fire Chief regarding this matter.  
  
VIIII   New Business

a.      Development Projects and Their Impact on Water Quality – (Presentation by Colin Holme from Lakes Environmental Association & Chad Thompson from Portland Water District)    
        
Colin Holme (from Lakes Environmental Association) & Chad Thompson (from the Portland Water District) gave a presentation on Development Projects and Their Impact on Water Quality.  They strongly suggested using a third party engineer to confirm that design plans are correct and adequate.  This practice is allowed according to the town’s Land Use Ordinance.  This presentation reviewed in detail some of the actual problems that they have found when some developers are not followed up on and how sometimes the results are irreversible and cause damage to the overall water quality.  The best thing is to catch a problem before it develops any further.  There was some discussion on perhaps doing a workshop on this matter in the future.  
  
X       Adjournment

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

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