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, Paul White, Code Enforcement Officer Brandon Woolley, Recorder Maureen Scanlon.
Absent: Rick Viles
Guests present: Scott Anderson (from Verizon Wireless), Jim Libby, Carol Woodman, Edward Woodman, Bonnie MacVane, Ben Bowditch, Gary Sleeper, Brenda McGuinness, Josh Loiselle, Marjie Jansz, Cindy Wilson, Ann Farley, Ron Johnson.
II Public Hearing – Proposed Land Use Ordinance & Shoreland Zoning Ordinance Revisions
At Paul White’s request Brandon Woolley reviewed, in detail, the two proposed revisions to the Land Use Ordinance.
Paul White asked the audience if there were any questions regarding the information that Brandon reviewed. There were no questions asked.
A copy of the document with the two proposed Land Use Ordinance revisions is attached to and does hereby become a part of the original set of these minutes.
At Paul White’s request Brandon Woolley reviewed, in detail, the proposed “State mandated” revisions to the Shoreland Zoning Ordinance.
Paul White asked the audience if there were any questions regarding the information that Brandon reviewed. Brandon answered a question from a Board member and from a member of the audience. There were no further questions asked.
A copy of the document with the proposed Shoreland Zoning Ordinance revisions is attached to and does hereby become a part of the original set of these minutes.
The Public Hearing was closed at 7:13 p.m.
Chairman Paul White called the regular meeting to order at 7:14 p.m.
The following correspondence/documentation was distributed to the Planning Board members in their meeting packets;
- A copy of the letter to the Board of Selectmen regarding Jim Jansz’s request to be re-appointed to the Planning Board when his term ends on June 30, 2014.
- A copy of the letter to the Planning Board from Sebago resident Linda May regarding the Wireless Telecommunications Facility (Agenda Item – Old Business – a.)
A copy of Jim Jansz’s letter is attached to and does hereby become a part of the original set of these minutes.
A copy of the correspondence from Linda May is hereby included in the Planning Board file for the Wireless Telecommunications Facility project – Map 12, Lot 5C.
- A copy of the completed “Missed Meeting Affidavit” for Phil Lowe (regarding the April 8, 2014 meeting).
- Public Hearing information regarding the Proposed Land Use Ordinance & Shoreland Zoning Ordinance revisions.
- The Site Plan Review (Wireless Telecommunications Facility) documentation as requested (Report from Yankee Microwave). (Property owned by William Allen) (Applicant is Verizon Wireless) – Map 12, Lot 5C (Land Lot).
Documentation items #1 & #3 have been included in the pertaining Planning Board files.
The following documentation was distributed to the Planning Board members at the meeting;
- A copy of the DEP Approval for the Verizon Wireless Telecommunications Facility project.
This documentation item has been included in the Planning Board project file.
Phil Lowe made a motion to recommend that the Board of Selectmen re-appoint Jim Jansz to his position on the Planning Board for another term. It was seconded by Joe McMahon. Motion carried with Jim Jansz abstaining from the vote.
IV Open to Public Questions
Josh Loiselle asked, “What would constitute a substantial change that would necessitate a second (Public) Hearing on a project?” Paul White stated that this would be done if there was a major change in the project such as a change in the location of the project or the site of the road, not just the details of it.
Jim Libby asked for clarification on the number of regular and alternate members of the Planning Board. Brandon Woolley explained that he has done some research on this matter and found that the Planning Board originally consisted of five regular and two alternate (associate) members. Back when the Potter Academy was expanding on what is now the Town Office building the Planning Board was expanded to seven regular members and two alternates. A member of the Board of Selectmen and a member of the Budget Committee where added to the Planning Board for this express purpose. Unfortunately, it was overlooked to downsize the Planning Board membership back to five regular members and two alternates. However, the town’s ordinance shows
the Planning Board as consisting of five regular members and two alternates. Brandon suggested that the best way to remedy this situation would be if an existing member steps down, any new members that come on board would be appointed as an alternate member in order to bring it back to the original five regular and two alternate members. There was some discussion on the pros and cons of having seven regular members versus five regular members on the Board. This will be further discussed by the Board at a later date, perhaps at a future workshop.
Brandon stated that there is a request to present a pre-application proposal to the Board this evening. Bonnie MacVane stated that she and her partner are purchasing “The Beeches” lodges on Marathon Ave. She briefly reviewed a five-year business plan that she has been developing and asked the Planning Board to review her proposal for any issues that she may need to address in order to proceed. Brandon mentioned that this property is located outside of the Shoreland Zone and is within the Village District. Since she is proposing the construction of an additional structure to use as a recreational area, which would not be a change in use, it would be considered and additional structure. It was noted that the ordinance does
allow this but it would have to come before the Planning Board for approval.
Jim Jansz stated that in regards to the Freedom of Access Act he would like to disclose the fact that during a phone conversation he had last Wednesday with Donna Cook (while she was working in the office as the Deputy Clerk) that he felt may require disclosure. In that conversation he stated that he was interested in the Engineering report that the Board was expecting and that he was preparing a speech. Donna confirmed that this conversation included discussion on what was in the meeting packet and that this was not an external meeting of Planning Board members. Paul White concurred that this is not something that would be considered substantive as an external meeting and thanked Mr. Jansz for his consideration.
V Review of Minutes (April 8, 2014)
Donna Cook made a motion to approve the minutes from April 8, 2014 as presented. It was seconded by Phil Lowe. Motion carried with all in favor.
VI Old Business
- Site Plan Review (Wireless Telecommunications Facility) – (Property owned by William Allen) (Applicant is Verizon Wireless) – Map 12, Lot 5C (Land Lot)
Copies of the DEP approval were distributed to the Planning Board members. A copy of this approval is hereby included in the Planning Board file for this project. Scott Anderson (representing Verizon) explained that this approval was based on the plans that were submitted to the Department of Environmental Protection. Paul White stated that the response from Yankee Microwave, as to the question of cost effective alternatives to the proposed system, does confirm that the system that is proposed is the most reasonable and cost effective to serve a rural town like Sebago. It was noted that the fees have been paid to date including the establishment of an escrow account in the amount of $5,000.00. There was discussion on the required Bond (for the eventual removal of the structure and
reconstruction of the general area) for the project. The fee for the Bond will be determined later with a review for adequacy and subsequent approval from the Code Enforcement Officer. There was some discussion on how the bond process and the discontinuance of a cell tower structure and its location works. Phil Lowe stated that he would like to see a cost escalator incorporated into the bond to make sure that it would meet the changing costs to deconstruct the tower and reconstruct the surrounding area in the future. Scott Anderson stated that normally the bond is set on “today’s dollar” and those funds would be used if after one year of discontinuance of use, the tower owner has not responded to requests to deconstruct the tower. In other words, the bond would only be used if the tower owner refuses to act. He also stated that if this is a requirement, this re-evaluation of cost could be done on a continuing five year cycle where the bond
amount would be increased to reflect the increase in related costs. Once again there was some discussion regarding the type of tower that would be specified for this location. It was noted that the letter received from Sebago resident Linda May suggested that the tower resemble an oversized tree like the ones in the State of Vermont. It was suggested that the single pole design would be less unsightly than an oversized tree that would be out of character in this location. There was some discussion on the possibility of holding a second Public Hearing on this matter. A couple of Board members believe that the amount of information has increased enough to warrant a second Public Hearing on the matter. However, the majority of the Board members believe that an additional Public Hearing would not be necessary by the road design changes that were made. This would be an option if there was a complete location and design change from what
was originally proposed and that the amount of information increases in any project as it progresses through the approval process.
Phil Lowe made a motion to hold a second Public Hearing on this project. It was seconded by Jim Jansz. Motion failed with 2 in favor and 4 opposed.
Phil Lowe stated that there are several areas in town that don’t have good cell phone reception. He asked Scott Anderson how many of those will not be solved by this tower? Scott responded that they try to find the best site that is no higher than it needs to be with the best possible coverage with one tower. The maps that show the “before and after” difference in cell phone coverage were once again referenced. It is recognized that not all gaps in cell phone service will be addressed by this new tower but many areas that currently do not have service will have it now.
Paul White made a motion that the tower be the “standard” (single pole) style. It was seconded by Joe McMahon. Motion carried with all in favor.
It was mentioned that the “Conditions” for this approval will be included in the “Decision Letter” that will be composed by the Code Enforcement Officer and signed by the Board’s Chair.
Phil Lowe asked if there are any costs that the town will incur during the entire lifespan of this project. Scott Anderson responded, no, because of the approval “Condition” that any impact to the public road due to the construction would be something that Verizon would fix to the town’s satisfaction and the town will have the “Removal Bond” that will be reviewed every five years. He also stated that there will be no expense to the town for winter maintenance of this road that is not maintained by the town during the winter. They will access the site by snowmobile in the winter if necessary.
Paul White spoke about the fact that when considering advancements in technology the Planning Board is responsible for weighing whether the benefits to the public as a whole offset the disadvantages to the few. In other words, does the visual impact disadvantage to the few that purchased homes on a hill (with a view) outweigh the technological advancements to the majority of the community. There was some discussion amongst the Board regarding this subject.
Donna Cook made a motion to accept and approve this project. It was seconded by Paul White. Motion carried with 5 in favor and 1 opposed.
- Verizon will repair and restore, to the Code Enforcement Officer’s satisfaction, any impacts to the public road associated with construction of the project.
- Verizon will provide, prior to commencement of construction a “Removal Bond” in an amount that is sufficient, as approved by the Code Enforcement Officer. This amount will be revisited with modifications to the amount of the bond made every five years thereafter.
It was noted that the plan shows the “monopole” tower so no condition needs to be made to address this item.
There were no updates to report.
- Voting Matrix (finalizing process)
- Review of Escrow Funds for “Outstanding” Subdivisions
VII New Business
There were no “New Business” items.
Joe McMahon made a motion to adjourn at 8:18 p.m. It was seconded by Phil Lowe. Motion carried with all in favor.
Maureen F. Scanlon
Administrative Assistant/Deputy Clerk