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Planning Board Minutes 04/14/2015
I       Call to Order

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

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

Guests present: George Sawyer from Sawyer Engineering, Paul “Kevin” Fahey, Scott Lavoie, Mike & Jane Foye, Cindy Wilson, Murdock MacGregor, Florence & Gerald Russo Sr., Andy Pappas, Ann Phillips, Sandy & Gilbert Merritt, Dominic Russo, Jeff Wallace.

II      Public Hearing – Rezoning / Redistricting Request Review – (Property owned by Highland Realty Corporation) (Applicant is Sawyer Engineering & Surveying Inc.) – Maps 30 & 31, Lots 20, 36, 38, 39 & 40    

        Jim Jansz stated that one of the abutters to this property is his relative but he does not believe this will render him unable to make an impartial decision on the matter.  He explained that his relative did call him to ask for clarification on this request.  Jim answered a few of his questions without discussing any pros or cons regarding the matter and explained that he was unable to discuss it any further.  The Board determined that it would be acceptable for Jim to participate in this review and approval process.

        Brandon Woolley stated for clarification that this is not an application for “Rezoning” but is an application for the interpretation of “District Boundaries” and “Redistricting”.

George Sawyer from Sawyer Engineering explained the reasoning for this request with further clarification of the ordinance requirements explained by Board Chair Paul White regarding the specifics of this request.  Questions from the audience were answered by the Code Enforcement Officer and the Board in regards to items such as allowable uses in the three different zoning districts.      

The Public Hearing was closed at 7:20 p.m.

Chairman Paul White called the regular meeting to order at 7:21 p.m.

III     Correspondence

The following correspondence was distributed to the Planning Board members at the meeting;      a copy of the Maine Municipal Association’s brochure for Local Planning Boards & Boards of Appeal 2015 workshops.  Maureen Scanlon explained that the next workshop is going to be held on May 5th in the neighboring town of Bridgton.  She invited the Board to let her know if they would like to attend this or any other workshops being held this year.  

IV      Open to Public Questions – None

V       Review of Minutes (March 10, 2015)

Rick Viles made a motion to approve the minutes from March 10, 2015 as presented.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

VI      Old Business  

  • Rezoning / Redistricting Request Review – (Property owned by Highland Realty Corporation) (Applicant is Sawyer Engineering & Surveying Inc.) – Maps 30 & 31, Lots 20, 36, 38, 39 & 40
Phil Lowe explained to the audience the source of this discrepancy that was found and the potential for additional discrepancies being found in the future in the Zoning District Map of the Land Use Ordinance.  

The Board discussed the procedure to be followed for this approval process.  Joe McMahon suggested that this be a two-step approval process, the first to address the District Boundary and the second to establish the correct district for the additional lot in order to make it less non-conforming.

Tina Vanasse made a motion to change the District Boundary to the natural contour of the brook (from the parallel lines that now exist as the boundary line).  It was seconded by Joe McMahon.  

There was discussion regarding the Board’s authority in interpreting and determining the District Boundaries.  In the Land Use Ordinance, Section 3 (Establishment of Districts) subsection D (Interpretation of District Boundaries) item 6 was referenced.  This describes one of the rules of interpretation as follows:
“Where physical or cultural features existing on the ground are at variance with those shown on the official map, or in other circumstances where uncertainty exists with respect to the location of the boundary, the Planning Board shall interpret the district boundaries.”  

It was noted that an amendment (not an interpretation) to a District Boundary would require a duly authorized majority vote at a Special or Annual Town Meeting.  The situation before the Board tonight is in regards to this one common ownership parcel and does not even extend across the roadway.   

Motion carried with all in favor.  

As a result of this determination/decision the Town of Sebago does hereby recognize the District Boundary line as being along the natural contour of the brook located on this common ownership parcel of lots as of this date.

There was discussion regarding the second part of Highland Realty Corporation’s request which is to establish the correct district for the additional lot in order to make it less non-conforming.  Paul White mentioned that it would serve the town’s interest to have this as a potential buildable lot.  

Tina Vanasse made a motion to apply the 50% rule to the side lot to bring it into the Village Zone.  It was seconded by Phil Lowe.  Motion carried with four in favor and two opposed.

Since the nature of this matter is something that has never been before the Planning Board before, there was some discussion on how to proceed with documenting and recording this change.  Brandon mentioned that it is such a minor change that it would not even show on the Land Use Ordinance’s Zoning District Map.  George Sawyer agreed to make the correction on the map that he has provided of the property owned by Highland Realty Corporation showing the new location of the District Boundary and will provide the town with a copy of it.  He will also consult with Highland Realty Corporation’s legal counsel on having the legal description of the property’s zoning district corrected.  Maureen Scanlon reminded the Board that a copy of the minutes and the signed “Decision Form” from this meeting will also be included in the Planning Board file for this project.  Maureen also informed the Board that all fees were paid to the town for the Public Hearing held on this matter.               

  • CEO Updates
Nothing reported

  • Goal Setting Items
  • Voting Matrix (finalizing process)
No discussion

  • Review of Escrow Funds for “Outstanding” Subdivisions
No discussion

VII     New Business

  • Sketch Plan Review – (Property owned by JBH Properties) (Applicant is Scott Lavoie) – Map 3, Lot 21-E (25 Rocky Road)
Scott Lavoie explained the proposed project to split this large parcel (approx. 17 acres) of land into several lots.  It was noted that a dirt roadway already exists on this property.  It was also noted that there are no Department of Environmental Protection issues to address because of the acreage limit.  There was some discussion between Mr. Lavoie and the Board as to what type of information they will be requiring from him if he decides to proceed with this project.    

Joe McMahon made a motion to accept the application.  It was seconded by Jim Jansz.  Motion carried with all in favor.  

Tina Vanasse made a motion to have a Site Walk at this location on Saturday, April 25th at 8:00 am.  It was seconded by Rick Viles.  Motion carried with all in favor.

There was discussion regarding the fact that this proposed subdivision must have a name for the application.  Mr. Lavoie stated that it will be called Rocky Road Acres.  

Joe McMahon made a motion to amend his prior motion.  His amended motion is to accept the application for the Rocky Road Acres Subdivision.  It was seconded by Phil Lowe.  Motion carried with all in favor.  

VIII    Adjournment

Joe McMahon made a motion to adjourn at 8:15 p.m.  It was seconded by Phil Lowe.  Motion carried with all in favor.

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