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Planning Board Minutes 07/14/2015
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, Paul White, Code Enforcement Officer Brandon Woolley, Recorder Maureen Scanlon.

Guests present: George Sawyer from Sawyer Engineering, Edie & Phil Harnden.

II      Correspondence

Maureen Scanlon informed the Board that Paul White was re-appointed to the Planning Board by the Board of Selectmen and she swore him back into office prior to the start of this meeting.  

The following correspondence was distributed to the Planning Board members at the meeting;      

  • A copy of the updated Planning Board Membership Contact List.
  • A copy of the Portland Water District’s Sebago Lake Watershed News Spring 2015 newsletter.  
III     Open to Public Questions

        Edie Harnden asked what the zoning is on Convene road.  Paul White referenced the Land Use Ordinance map and stated that the Village district goes up the hill on Convene road (from Route 107 / Bridgton Rd.) to the edge of the orchard, beyond that point Convene road is in the Rural district.  Edie asked for clarification on the difference between the two zoning districts.  Paul explained the differences in allowable square footage between the two districts.  Edie asked why the whole road can’t be designated in the same zone.  Paul stated that he is not sure why, but for whatever reason, the committee at that time decided to set the zone line in that location.  Edie asked how to go about getting that changed.  Paul asked Brandon Woolley to enlighten Edie on the proper procedure to do so.  Brandon explained that in order to change the Zoning District Line a petition may be brought forward to the Board of Selectmen for consideration to be voted on by the legislative body at the Annual Town Meeting.  The matter that was recently before the Planning Board at the April 14, 2015 meeting regarding the property owned by Highland Realty Corporation was a request to move a district zone line that only pertained to a parcel of property that is under one ownership, but was divided by two different zoning districts.  This request was more of a clarification of where the correct zoning district line should lie so that the parcel of land was not split by two different districts.  This is not the same situation as asking for a district zone line to be completely moved across several different lots which would change the zone designation for each and every lot.  The Planning Board does not have the authority to approve that type of change.  It can only be approved by the town’s legislative body.          
IV      Review of Minutes (April 14, 2015)

Tina Vanasse made a motion to approve the minutes from April 14, 2015 as presented.  It was seconded by Phil Lowe.  Motion carried with all in favor.

V       Old Business   

  • Sketch Plan Review – (Property owned by JBH Properties) (Applicant is Scott Lavoie) – Map 3, Lot 21-E (25 Rocky Road)
George Sawyer explained that he has been retained by Scott Lavoie to engineer this project and that he came before the Board tonight for clarification as to what information will be needed in order to proceed.  There was discussion on whether this subdivision project will be considered a minor or major subdivision because the requirements for each are different.  This subdivision will be broken down into a total of 5 lots which will consist of the existing house that Scott Lavoie is currently living in with 4 additional dwellings/lots being subdivided from the original primary lot.  The existing road now serves two houses; the house that Scott lives in and another house that is located on a separate lot that was in existence before Scott built his house in 2013.  The Planning Board reviewed the subdivision “check list” items with George to determine what items will apply to this subdivision project.  The Board determined that based on the fact that there will be a total of five dwellings/lots in this subdivision it is considered a small major subdivision and would have to meet the minimal requirements of a major subdivision project.  The Board also determined that based on the Code Enforcement Officer’s recommendations, Phosphorous and Stormwater studies will not be required for this project.  The roadway will need to be brought up to town standards.  There was some discussion on the need for the requirement of “Road Association” documents being submitted to the Board.  It was suggested that due to the fact that the road may not be formally accepted in the future by the town the Road Association will be responsible for the ongoing maintenance of the road.  A Public Hearing will be required.  George Sawyer will speak to Scott Lavoie to see if he would like to have the Public Hearing at the next Planning Board meeting on August 11th.  He will follow up with Maureen Scanlon on the matter.  There was some discussion on additional fees that will be required during the ongoing approval process.  There was also some discussion on the need to assure that a Peer Review be performed and which organizations should be considered to perform this service on the town’s behalf.  The fees for this service will be drawn from an escrow fund account that the applicant will have to provide to the town.  

Phil Lowe made a motion to require that a Peer Review be performed on this project.  It was seconded by Jim Jansz.  Motion carried with all in favor.  

Brandon Woolley was asked to describe what a Peer Review includes.  He explained that it basically includes reviewing all stormwater data, road cross section and drainage issues.  They may recommend sizing of culverts differently depending on what they find during their review.  They rarely run all the calculations over again.  It is a review of the calculations to assure that they are accurate according to the data that is available.  This does not include “as built” inspections during the construction process.  There were some concerns about this service being performed and whether it is feasible for it to be done by the Code Enforcement Officer, if his schedule allows for this, or perhaps it should be performed by an independent company that provides this service.  George Sawyer mentioned that this is not typically a service that he provides for his clients, but there are companies that will provide this service if needed.  There was additional conversation regarding the roadway and whether or not paving it will be required.  It was determined that it will at least have to meet the town’s road standard requirements.  George Sawyer will consult with his client regarding the information given to him by this Board.    

  • CEO Updates
Nothing reported

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

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

VI      New Business

  • Election of Officers
Phil Lowe made a motion to nominate Paul White as the Planning Board Chair.  It was seconded by Tina Vanasse.  Motion carried with four in favor and one opposed.  

As a point of discussion, Jim Jansz suggested that in most government organizations or committees they try for a leadership change periodically.  Sometimes this is a good idea because it brings along another person in their leadership skills.   

Paul White made a motion to nominate Phil Lowe as the Planning Board Vice Chair.  It was seconded by Joe McMahon.  Motion carried with all in favor.

  • Miscellaneous Item
Phil Lowe mentioned that at the March 10, 2015 meeting he made a motion to propose a change to the ordinance to reflect the number of regular Board members to seven.  It was seconded by Rick Viles.  Motion carried with all in favor.  This item was to be added to the Annual Town Meeting Warrant.  However, it was later suggested that due to the timeline this could not be done at the Annual Town Meeting this year, but a formal vote to rescind this prior motion was never done.  

Phil Lowe made a motion to rescind the aforementioned vote that was taken on March 10, 2015.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

Paul White made a motion to formally continue the Planning Board membership of five voting members and two alternate members.  It was seconded by Tina Vanasse.  Motion carried with all in favor.  

VII     Adjournment

Tina Vanasse made a motion to adjourn at 8:30 p.m.  It was seconded by Phil Lowe.  Motion carried with all in favor.

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