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Planning Board Minutes 04/09/2013
Call to Order

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

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

Guests present: Phil & Edythe Harnden, Ed Libby, Jim Libby, Ann Farley, Mike Gotto, Jerry & Alice Holt, Sam & Jan Minervino, Bruce Weymouth, Robert Rayner Jr., Roger & Gwen Mercaldi Jr., Carl Harbourt.

II      Public Hearing – Proposed Land Use Ordinance Revisions

        A list of the proposed changes to the Land Use Ordinance with the specific sections of the ordinance attached was made available for the public to review.  A copy is attached to and does hereby become a part of the original set of these minutes.   

        Edie Harnden asked for clarification on the Convene Road being referred to as a State Road versus a State Aide Road.  There was some discussion on this subject with the clarification being made that the Road Setback for a State “Numbered” Road (IE: Route 107 & Route 114) is what is being referred to in the Schedule of Uses section (Page 4-7, Table 4-2) as a State Highway in the Rural District.  This will be clarified on Table 4-2.

        Ann Farley asked what the reasoning is for these changes and if they have been reviewed by the town’s attorney.  Brandon Woolley explained that since the adoption of this ordinance several items have been found to need further “fine tuning”.  Over the past few months the Planning Board has been working on reviewing and revising specific sections of this ordinance.  The plan is to continue this process on an ongoing basis with all of the ordinances pertaining to Planning Board matters.  The town’s attorney has not reviewed these changes yet, however they will be submitted for approval once the final revisions have been made, including any further being made at tonight’s meeting.     

        Jim Libby expressed concern that the town’s Comprehensive Plan was intended to keep the rural texture to the town and if the Road Setbacks are reduced in the Village Districts it may be defeating the purpose of the intended rural texture.  He agreed that reducing it in the Long Beach area would probably be appropriate, but it probably would not be appropriate in the designated Village Districts located on Route 107 (Bridgton Road) and in North Sebago.  He also made note of other items that he has concerns about such as in the new “Driveways” section which addresses something that was previously overlooked.  The Board and the Code Enforcement Officer addressed his concerns.  

As a follow-up on this discussion, Phil Lowe recommended the addition of the following (underlined) wording to item #2 on the list CEO PROPOSAL – LAND USE STANDARDS (Page 5-4), Number #11.A.4 DRIVEWAYS – General Guidelines as follows:

        4. Because field conditions are highly variable, the guidance provided here may
               not always be completely applicable.  Therefore variations from this guidance       
               to meet field conditions are expected, and do not require a need for any type of exception or design waiver, and shall be determined by the Code Enforcement Officer.               

        Phil Lowe also recommended the wording of “and curves” be removed from item B.5 of the DRIVEWAYS section.  The new wording will read as follows:

        5. Internal driveway radiuses, recommended 50 feet.

        Jim Libby asked if a Condominium Ordinance is going to be developed.  Paul White explained that this is not on the agenda at this time but could be added to the list of items to be addressed at a future date since the Planning Board is planning to review, revise and develop ordinances on an annual basis as needed.  This was done over the past winter which is why there are now proposed changes to the Land Use Ordinance.  

        Jim Libby asked what was the intent for including item #11 on the list CEO PROPOSAL – LAND USE STANDARDS (Page 5-3), Section 6 – CAMPERS to the ordinance.  He understands that there has been a proliferation of them and is wondering if the intent is to keep them from being here in the winter which is probably a more dangerous time of year to be occupying a camper trailer.  Brandon Woolley explained that the intent is to prevent people from using campers as permanent residences.  There was some discussion on the need for this to be added to the ordinance.  

        Phil Lowe asked to go back to the issue of the road setbacks in the village district.  He explained that the town has had several Zoning Board of Appeals cases brought forth regarding the road setback issue in the Long Beach area therefore he would like to work out the proposed language change for item #1 on the list.  There was discussion on this item and the town’s Comprehensive Plan.  

        Phil Lowe made a motion to use the existing language regarding the 25 foot Road Setback in the Village District and add the wording “for existing lots of record”.  It was seconded by Rick Viles.  Two members voted in favor, three voted opposed and two abstained from the vote.  Motion failed.  The proposed ordinance change stays at the originally submitted proposal of changing the 50 foot Road Setback to 25 feet in the Village District.      

        No further items were brought up for discussion.

        The Public Hearing closed at 7:45 p.m.

III     Correspondence – None

IV      Open to Public Questions – None

V       Review of Minutes (March 12, 2013)  

Phil Lowe made a motion to accept the March 12, 2013 meeting minutes as presented.  It was seconded by Tina Vanasse.  Motion carried with all in favor except for Donna Cook who abstained from the vote.  

VI       Old Business

a.      Sketch Plan Review – (Property currently owned by Ronald & Jane  Rodgers) (Applicant is Ed Libby) – Map 16, Lot 3 & 3A (544 Hancock Pond Rd. & Land Lot)

Ed Libby explained his background and some of the work he has done on prior projects.  He also made note of the fact that he has been and still is involved in conservation efforts in the State of Maine.  He explained in detail his proposal to develop this property and proceeded to review the submitted sketch plan.

It was noted that the Code Enforcement Officer has reviewed the application and has found it to be complete.  Maureen Scanlon confirmed that all fees have been paid to date.  

Phil Lowe made a motion to accept the application as complete.  It was seconded by Tina Vanasse.  Motion carried with all in favor except for Rick Viles who abstained from the vote.

There was a long discussion regarding road length requirements for this project.

Donna Cook made a motion to hold a Site Walk at this location on Saturday, April 27, 2013 at 8:00 a.m. (meet at the parking lot at the end of the road) and hold a Public Hearing on this matter at the May 14, 2013 Planning Board meeting.  It was seconded by Paul White.  Motion carried with all in favor except for Rick Viles who abstained from the vote.       

b.      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

No discussion at this time.

VII     New Business

a.      Site Plan Review (Shoreland Zone) – (Sam & Jan Minervino) – Map 19, Lot 100  

Mike Gotto of Stoneybrook Consultants, Inc. explained that he is representing the Minervino’s for this project.  He reviewed the proposed project in detail.  Basically they are proposing to remove two small buildings and make one storage building.  This new structure will be set further back from the water than where the existing building is now located.  It will be used for storage and only employees of the Marina will be entering this building.  The height of the building will be 13 ft. with no second story on it.  They will be utilizing the existing available square footage with an expansion in volume due to the height increase.  There will be no change in the existing non-conforming use of the land.        

It was noted that the Code Enforcement Officer has reviewed the application and has found it to be complete.  Maureen Scanlon confirmed that all fees have been paid to date.  

Phil Lowe made a motion to accept the application as complete.  It was seconded by Jim Jansz.  Motion carried with all in favor.

There was a long discussion regarding whether or not a Site Walk and Public Hearing need to be held for this minor project in the Shoreland Zone.  It was determined that the Board has the authority to waive the Site Walk and Public Hearing.  

Tina Vanasse made a motion to waive the Public Hearing.  It was seconded by Donna Cook.  Motion carried with five in favor, one opposed and one abstaining from the vote.

Tina Vanasse made a motion to waive the Site Walk.  It was seconded by Jim Jansz.  Motion carried with six in favor and one abstaining from the vote.  

There was a thorough review performed on the specifics of this project with input from the Code Enforcement Officer and Mr. Gotto.  

Donna Cook made a motion to approve the project as proposed with the following criteria being satisfied;

1.      The two existing structures, a shed and an equipment storage building will be removed and replaced with one new (storage) structure.  
2.      The existing structure is located 16 ft. from the high water mark as defined by the elevation of the Sebago Lake spillway.  The new structure will be located 20 ft. from Sebago Lake.
3.      The total building square footage will increase by 14% from 393.5 sq. ft. to 448.0 sq. ft.
4.      The total structure volume will increase by 30% from 1,744.5 cu. ft. to 2,260.8 cu. ft.
5.      There are no vegetated areas on this property.

It was seconded by Tina Vanasse.  Motion carried with five in favor, one opposed and one abstaining from the vote.         

VIII    Adjournment
Tina Vanasse made a motion to adjourn at 10:00 p.m.  It was seconded by Phil Lowe.  Motion carried with all in favor.

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