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Planning Board Minutes 10/08/2013
I       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: Jim Libby, Hayden & Helen Coon, Josh Loiselle, Ann Farley, Brenda McGuinness.

II      Correspondence

The following correspondences were distributed to the Planning Board members in their meeting packets;

  • Correspondence information that will be discussed under “Old Business” agenda item b – CEO Updates (which will now be a “regular” agenda item).  
  • A copy of the Sebago Lake Watershed News from Portland Water District.
  • A Basic Workshop for Local Planning Boards Invitation (for Oct. 17th).
  • A copy of the “Telecommunications Survey” that we are doing at the Town Office and on the Town’s Website (for informational purposes).
Copies of these correspondences are attached to and do hereby become a part of the original set of these minutes.

NOTE: The results of the aforementioned survey were submitted to the Planning Board (and any interested parties) at this meeting.  There were a total of 100 respondents to the survey.  A copy of the survey results are attached to the original set of these minutes.  

III     Open to Public Questions

        Josh Loiselle stated that he wanted to inform the Planning Board that he wrote to the town and offered to donate a microcell for use at the Town Office to improve cell phone reception there and his offer was denied.  He mentioned that the microcell only costs $200.00.  He suggested that if more of these microcells were located throughout town it would be more cost effective and it would minimize the visual and environmental impact as opposed to building a tower.  He also mentioned that he recently spoke to a real estate broker that did agree that people do want cellphone service when they are purchasing a home; however, nobody wants to live near a cellphone tower.  He proceeded to review more of his previously submitted information regarding existing cell towers in this area.  Several members of the Board stated that it didn’t appear that any question was being asked, but that a personal statement was being presented to the Board.  The Chairman concurred and asked Mr. Loiselle if he had an actual question for the Board because this is not an open forum meeting.  After several more minutes of speaking, Josh then asked if any waivers are required because he feels as though the ordinance has not been met, in his opinion.  Paul White explained that the application is still in the review process and that the issues being brought forth will be considered.              

IV      Review of Minutes (September 10, 2013)

Joe McMahon made a motion to accept the September 10, 2013 meeting minutes as presented.  It was seconded by Donna Cook.  Motion carried with all in favor.

V       Old Business  

  • Site Plan Review (Wireless Telecommunications Facility) –         (Property owned by William Allen) (Applicant is Verizon Wireless) –   Map 12, Lot 5C (Land Lot)
Brandon Woolley reported that the representatives from Verizon called today and asked to have this agenda item “tabled” this evening because they have not received their permit from the DEP and they are still addressing some of the road issues.  They have asked to have this matter addressed at the November meeting.

Phil Lowe made a motion to “table” this item as requested by the applicant.  It was seconded by Rick Viles.  Motion carried with six in favor and one opposed.  

Some frustration was expressed by Jim Jansz that he has shown up ready to discuss this matter and is now being told that this can’t be discussed without the applicant being present.  Paul White explained that the subject of a tower can be discussed generally, but he doesn’t feel it is appropriate to discuss the matter in more detail in the absence of the applicant since it is their application (and their motion) that has been brought before the Board.  Jim Jansz stated that he feels as though some of the items Mr. Loiselle brought forth do warrant discussion on items such as alternatives, landscape and property sales.        

Maureen Scanlon distributed the cellphone survey results to the Board Members (and any interested parties).  She explained that Mr. Loiselle did offer to donate the microcell to be used at the Town Office with the understanding that if it did not work that it would be returned to him.  Because the microcell is specific to a cell phone provider it occurred to her that it may be an informational tool to this Board if they were aware of which providers are being used in the area.  This survey was developed as a basic informational tool only.  She notified the Board that she explained to Mr. Loiselle that she was informed that the town does not accept “conditional” gifts.  She also explained that the Town Manager informed her that if the tower is not constructed, that the town would then perhaps look into purchasing microcells for the more popular providers (and not just for Verizon) that will be located at the Town Office location to remedy the lack of cellphone service problem there.       

  • CEO Updates
Missed Meetings Affadavits: Brandon Woolley informed the Board that many municipal attorneys are advising board members who miss a public hearing or other board meeting at which substantive discussions of an application occur that they may continue to participate in the decision-making process without violating due process if they take the following steps:

1.) Read hearing and meeting minutes, review any documents or other evidence submitted at those meetings, and listen to/watch any audio or video recordings of those meetings.

2.) Prepare a written statement describing what the board member did to educate himself/herself about what occurred at the missed meeting.

3.) Sign the statement (preferably in notarized form).

4.) Enter it into the record at the next meeting.

Brandon developed a template for the “Member’s Affidavit Regarding Missed Planning Board Meetings”.  It was reported that Board Member Tina Vanasse completed this affidavit as a follow-up to the meeting she missed on July 9th.  Rick Viles also completed an affidavit for the meetings he missed on July 9th, August 13th (which was also a Public Hearing) and the Site Walk on July 27th.  A copy of the one that was completed by Rick Viles is hereby attached to and does hereby become a part of the original set of these minutes as a “sample”.  The original notarized documents will be included with the Planning Board’s file copy of the meeting minutes.  Copies of these documents will be included in the “Meeting Minutes” folder for any Planning Board project files specific to any agenda item that was discussed at the missed meeting.  

Brandon suggested that perhaps the Board should consider appointing “Alternate Board Members” in order to always have a “full quorum” available at meetings.  There was some discussion on this matter.  It was noted that for many years there wasn’t even a full board of seven members.     

  • Goal Setting Items  
  • Voting Matrix (finalizing process)
No discussion at this time.

  • Generic Specifications for Hydrant/Fire Pond
Jim Jansz suggested that this agenda item be renamed “Revision of Fire Protection Ordinance”.  There was some discussion on the Fire Department’s efforts in developing a Fire Protection Ordinance.  The Board asked Maureen Scanlon to invite Fire Chief Ken Littlefield to the next meeting in order to update them on the progress of developing this ordinance.  The Board is concerned that this is an ordinance that will need to be adhered to during their approval process for construction and/or subdivision projects.  

  • Review of Escrow Funds for “Outstanding” Subdivisions
No discussion at this time.

  • Bylaws Adoption
Brandon reported that the sample Bylaws document he has submitted for the Board’s review is from the Maine Municipal Association’s website.  There was some discussion on this subject.  Jim Jansz suggested that the Board consider the draft of the Planning Board By-Laws that he had submitted in January.  Copies of Jim’s submittal were redistributed to the Board Members.  There was discussion on the “fine tuning” of this document.  Paul White asked the Board to review this document in order to be prepared to make any necessary changes and vote on it at the next meeting.  He noted that some of the items for follow-up at the next meeting will be:

  • The question of a Secretary,
  • Attendance policy changes,
  • Whether to vote to commence a hearing,
  • Whether the dates and time periods on page six are what the Board wants to adopt.   
VI      New Business – None

VII     Adjournment

Phil Lowe made a motion to adjourn at 8:18 p.m.  It was seconded by Rick
Viles.  Motion carried with all in favor.

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