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Planning Board Minutes 11/13/2012
I       Call to Order

Chairman Paul White called the meeting to order at 7:04 p.m.

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

Guests present: Joshua Loiselle

Maureen Scanlon stated that the Board has received a letter of resignation from Board Member Richard (Dick) Perry who cited scheduling conflicts as his reason for stepping down.  The Board accepted his resignation and asked Maureen to forward it to the Board of Selectmen so that they may fill the vacancy.    

II      Correspondence

The following correspondences were distributed to the Planning Board members at the meeting;

1.      A letter of resignation from Planning Board Member Richard (Dick) Perry.

2.      A flyer for the “Local Planning Boards & Boards of Appeal” workshop being held in Augusta on December 4, 2012.  (The Board Members were advised to notify Maureen Scanlon if they wish to attend this very informational workshop, even if they already attended it in the past.)

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

        Sebago resident Josh Loiselle stated that while reviewing the Land Use Ordinance he became concerned that there doesn’t appear to be anything specifically addressing cell phone towers and communication towers.  He feels as though we already have enough towers in the town.  This town is beautiful, but they are a blatant eyesore and don’t blend with the rest of the scenery.  He suggested that an ordinance be developed to encourage cell service providers to either share the existing towers or to use towers in other towns.  Paul White stated that the Town of Sebago already has an ordinance for “Telecommunications Towers”.  Mr. Loiselle was given a copy of this ordinance for his review.  A copy is also attached to and does hereby become a part of these minutes.  Paul stated that generally the federal government has usurped a lot of the authority to regulate towers, but that this Board will look into the matter.  Paul invited Josh to attend the Planning Board workshop on Tuesday, November 27th at 7:00 p.m. where a number of issues will be addressed.  Josh stated that he heard that a new tower may be installed in the Peaked Mountain Road area.  He is concerned that this would not be beneficial to the town.  He stated that they lower property values and research over the years has gone from, there is definitely no health risk, to, we can’t say either way if there is a health risk, so if you can’t say there isn’t, that means there potentially is one.  There was some brief discussion on this matter with the Board confirming that if a tower was going to be put up in the Town of Sebago it would have to come before this Board for approval and there have not been any applications brought before them recently.  The Code Enforcement Officer confirmed that there was an Engineer in the office doing an exploratory look around but nothing has been brought to him for review.              

IV      Review of Minutes (October 9, 2012)  

Phil Lowe made a motion to accept the October 9, 2012 meeting minutes as presented.  It was seconded by Donna Cook.  Motion carried with all in favor except for Paul White who abstained from the vote.

V        Old Business
        
a.      Goal Setting Items

1.      Voting Matrix (finalizing process)

No discussion at this time.

2.      Generic Specifications for Hydrant/Fire Pond

No discussion at this time.

3.      Review of Escrow Funds for “Outstanding” Subdivisions

Maureen Scanlon explained the information on the spread sheets she prepared on each subdivision account that still has funds being held in an escrow account.  After some discussion on this subject between the Board members and the Code Enforcement Officer it was decided to have Brandon look at each of these subdivisions to see if he can determine exactly what these fees were assessed for and where in the process the subdivision project is at this point.  For example, if all of the approval requirements were not fulfilled, should the funds be returned and should the project now be considered a lapsed subdivision.  The Board advised Brandon that they do not expect this to be done quickly since it has been an ongoing issue for some time now.  He stated that he will try to review at least one (or more) each month.

Miscellaneous Items

Pheasant Ridge Subdivision – Hertel Family LLC – Map 10, Lot 16A – Recorded Plan and Easement Received         

Maureen Scanlon reported to the Board that she received one paper copy of the recorded plan and easement from Van Hertel as was requested by the Board.  She asked for clarification as to whether or not this was sufficient because she thought the Board required one Mylar copy and two paper copies to be submitted to the town.  The Board confirmed that she is correct and requested that she contact Mr. Hertel for the additional Mylar and paper copy of the plan.  They agreed that the one paper copy of the easement is acceptable for making additional copies as needed.  This prompted conversation regarding the matter of “fine tuning” the plan recording process.  This matter will be addressed further to assure it is done properly in the future.    

Hanson Brook Valley Subdivision – Richard Eaton – Map 10, Lots 11, 11A, 11-1 thru 11-5 – Roadway Inspection

Phil Lowe gave an overview of the approval process for this Subdivision revision and explained what the Board had asked of Mr. Eaton in regards to repairs to the Berry Road as a requirement of the approval.  Apparently during the recording of the plan process there was a breakdown of communication and the repairs were not done quite the way that was originally requested.  However, Brandon Woolley has reviewed the situation himself and with the town’s attorney to determine whether or not the repairs that were done are acceptable so that the property owner can move forward with developing the lots.  Brandon submitted a letter addressed to Mr. Eaton (dated November 13, 2012) from Jon H. Whitten, Jr., P.E., Vice President of Terradyn Consultants which attests to his inspection of the road as being acceptable.  A copy of this letter has been included in the Planning Board file for this project.  The town’s attorney agreed with Brandon to allow the property owner to continue.  There was quite a bit of discussion on this matter with more conversation regarding the need to “fine tune” the plan recording process and using third party professional organizations to confirm that work is performed properly.  There was also discussion on keeping a list of requirements for each project that comes before the Board in order to “keep track” of what has and hasn’t been completed.  The Board agreed to have Maureen Scanlon create an “Actions Needed” form that will be filled out for each project according to what has been directed as required by the Board.  The information on these forms will be incorporated into a list for the Board members and included on an ongoing basis in their meeting packets.  

Code Enforcement Officer’s Ordinance Change/Revision Recommendations

Brandon Woolley recommended the following changes to the Subdivision Review section of the Land Use Ordinance in order to “fine tune” two areas that seem to be lacking.  These are just draft suggestions.

Add to Section E.2.b (SKETCH PLAN – SUBMISSIONS – General Information) (page 8-7)

3.      RIGHTS NOT VESTED
The sketch plan, pre-application meeting, the submittal, review of the sketch plan, or an on-site inspection shall not be considered the initiation of the review process for the purposes of bringing the plan under the protection of Title 1 M.R.S.A., sec 302 Construction and effect of repealing and amending Acts.
 
After some discussion on this item it was suggested that the wording of “Public Hearing” also be added to this language.

Add to Section H.4.b (PERFORMANCE GUARANTEES – RELEASE OF GUARANTEE - Engineer) (top of page 8-16)

Strike this paragraph and change to read;

b.            Engineer - Upon completion of street construction, and prior to a vote of
 acceptance by the Planning Board as a completed project, a written   
 certification signed by professional engineer shall be submitted at the    
 expense of the applicant, certifying that the proposed project meets or
exceeds the design and construction requirements of these regulations.  

If there are any underground utilities, the servicing utility shall certify in
writing that they have been installed in a manner acceptable to the utility.   
“As built” plans shall be submitted prior to any final acceptance.      

Brandon asked the Board to consider this for further discussion at the November 27th workshop.  It was noted that there have been other items brought up in the past regarding the “fine tuning” of the Land Use Ordinance that also need to be addressed.  

Donna Cook suggested that in the future it should be made clear during the application and review process exactly when the application has been accepted or denied to the applicant.  For applicants that are not familiar with the process this can be confusing such as the situation that occurred with the RV Park application.  There was quite a bit of discussion on this matter which will be discussed further at the November 27th workshop.

Fire Protection for the Town

Jim Jansz reviewed some concerns he has about Fire Protection throughout town.  He distributed copies of sample Fire Protection Ordinances to the Board members for review before the November 27th workshop. (Note: These samples are not part of these minutes.)  There was some discussion on the pros and cons of sprinkler systems versus fire ponds etcetera.  Brandon stated that a higher majority of the residents benefit from a fire pond, especially for the older existing homes, as opposed to the two or three new homes that are built each year with sprinkler systems installed in them.  There was also discussion on the need for fire ponds to be maintained by the Public Works department as opposed to volunteer workers.

VI      New Business  

        Miscellaneous Item

        Planning Board By-Laws

Jim Jansz suggested talking about developing a set of Planning Board By-Laws (or Rules) at the November 27th workshop.  Phil Lowe agreed that this would be a good idea because this is the source document on how the Planning Board operates procedurally.  
  
V       Adjournment

Tina Vanasse made a motion to adjourn at 8:25 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