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Planning Board Minutes 01/10/2017
I       Call to Order

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

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

Absent: Donna Cook

Guests present: Dan Braverman, Don Andrews, Scott Anderson (from Verizon Wireless), George Sawyer (from Sawyer Engineering & Surveying, Inc.), Murdock MacGregor, John MacGregor.

II      Public Hearing #1 – Site Plan Review – Wireless Telecommunications Facility (Property owned by William Allen) (Applicant is Verizon Wireless) –   Map 12, Lot 5C

        There were no members of the public present.
        
        Maureen Scanlon stated that a submitted correspondence dated January 9, 2017 was received via fax today in reference to this Public Hearing from property abutter Roger P. Hale.  Paul White reviewed Mr. Hale’s letter aloud.  He stated that Mr. Hale could not attend tonight’s meeting and his letter states that this construction which is  immediately along his property line has had an impact on his land.  He is not seeking reimbursement for himself but feels as though he is owed something.  He further stated that he would like to assign any proceeds that the Town is able to obtain on his behalf regarding this project to the Town of Sebago, Maine.  Paul White stated that he is not sure what Mr. Hale is looking for but he does not believe the town has any obligation to collect anything on his behalf.  There may be some theory of it diminishing his property value but that is not something the town should pursue.   

        The Public Hearing was closed at 7:02 p.m.

III     Public Hearing #2 – Site Plan Review – (Property owned by The Beeches at Sebago LLC) (Applicant is Daniel Braverman) – Map 19, Lot 10A

        There were no members of the public present.    

The Public Hearing was closed at 7:03 p.m.

        Paul White called the regular meeting to order at 7:03 p.m.

IV      Correspondence  

Maureen Scanlon reported that the following documentation was distributed to the Planning Board members at the start of this meeting.

  • A copy of the “Road Details” plan that was submitted by Sawyer Engineering & Surveying, Inc. in reference to “Old Business” agenda item c.
Maureen Scanlon reported that the following correspondence was distributed to the Planning Board members at the start of this meeting.

  • A copy of a correspondence dated January 9, 2017 which was received via fax on January 10, 2017 from Roger P. Hale in reference to Public Hearing #1 and “Old Business” agenda item a.
Copies of the aforementioned documentation and correspondence will be included in the Planning Board files for each referenced proposed project.

V       Open to Public Questions

        No questions were asked.

VI      Review of Minutes (December 13, 2016)

Joe McMahon made a motion to approve the minutes from December 13, 2016 as presented.  It was seconded by Jim Jansz.  Motion carried with all in favor.

VII     Old Business    

  • Site Plan Review – Wireless Telecommunications Facility                   (Property owned by William Allen) (Applicant is Verizon Wireless) –   Map 12, Lot 5C
Scott Anderson, representing Verizon Wireless, explained that this project which was originally reviewed and subsequently approved by the Planning Board in 2013 and 2014.  However the construction was not started due to the delays that sometimes occur, such as the timing of construction and the build out of the network, which caused permits to lapse.  This necessitated the requirement of coming before this Board again to renew the previously approved application.  

Mr. Anderson explained that this is pretty much the same identical project.  He reminded the Board that during the first approval process there was a third party review performed on the town’s behalf which identified some stormwater issues that needed to be addressed.  These issues were addressed through the DEP’s (Department of Environmental Protection) Stormwater process so the plan that is now being presented to the Board is up-to-date with all the requirements satisfied in order to receive the DEP Stormwater permit.  

The other third party review that was performed was to look at the (cell phone) coverage area to determine whether or not this facility was needed in this location at this height.  The third party review confirmed that the original data submitted by Verizon Wireless was accurate and justified the need for the location and height of the proposed tower.  

The original approval included two conditions; any repairs to the public way down by the entrance area to the site location were to be completed and a reclamation bond needed to be provided to the town.  Obviously the first item has not been completed yet since the construction has not started, but this second approval condition has already been done.  

The only difference, at this time, is that when the original approval was granted, Verizon used to use prefabricated shelters to house the wiring equipment inside.  This would have been delivered to the site by either helicopter or a flatbed truck.  Since that time, the size of the equipment shelter has been significantly reduced.  Now the equipment will be stored in a couple of small cabinets.  So, the only change in the plans is that there are now two small cabinets and a back-up generator instead of the bigger shelter that was on the original design plan.  Mr. Anderson answered the Board’s questions regarding the three free standing units of the two storage cabinets and the back-up generator.  

Mr. Anderson made note of the fact that there has not been any changes in the town’s ordinance or the standards for the review process since the original approval; therefore they are now requesting that this Board approve this project once again with the same conditions that were included in the original approval.     

Paul White asked Brandon Woolley if the changes in the plan rise to the level that would require an additional peer review.  Brandon responded that they do not.  He also mentioned that photos of the entire length of Peaked Mountain Road were taken so that when the construction phase of this project has been completed the reclamation process can be completed.  

Maureen Scanlon reported that all fees have been paid for this evening’s public hearing.  

Tina Vanasse made a motion to accept (approve) the proposal (project) as presented.  It was seconded by Joe McMahon.  Motion carried with all in favor.     

  • Site Plan Review – (Property owned by The Beeches at Sebago LLC)
 (Applicant is Daniel Braverman) – Map 19, Lot 10A

Paul White reminded the Board that there were a couple of issues that needed to be addressed such as the removal of the trash that was at the location and there was a question as to whether additional fencing was needed.  

Tina Vanasse stated that she put together some information that she had researched at the town office and from the site walk that was performed that she would like to address.  She proceeded to distribute the information sheet that she developed to the Board members and to Mr. Braverman before reviewing her submittal in detail.  A copy of this submittal is hereby included in the Planning Board file for this proposed project.  There was quite a bit of discussion between the Board, the Code Enforcement Officer and Mr. Braverman addressing the issues brought up in Tina’s submittal.  

Mr. Braverman agreed to develop a time schedule for completing the issues that were identified as needing to be addressed and a business plan that will be submitted to the Code Enforcement Officer and subsequently to the Planning Board.  

Maureen Scanlon reported that all fees have been paid for this evening’s public hearing.

This project will not be addressed by the Board again until Mr. Braverman requests to do so.  

  • Subdivision Plan Review – Division of Property Located on Route 114 (Property owned by Bluestone Capital, LLC) – Map 9, Lot 21
Paul White reminded the Board that there were some concerns regarding the grade of the roadway for this proposed project.  He made note of the fact that a “Road Details” plan has been submitted to address this matter.  George Sawyer, from Sawyer Engineering & Surveying, stated that a note has been added to the originally submitted plan that the roadway is a private road and cannot be defined (or accepted) as a town road until it is brought up to the town’s road specifications.  This puts the people that might buy the property on notice that it may potentially be a town road.  Mr. Sawyer proceeded to review the road details and answered questions from the Board.  

Joe McMahon made a motion to accept (approve) the project.  It was seconded by Tina Vanasse.  Motion carried with all in favor.       

  • CEO Updates
Nothing reported

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

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

VIII    New Business
  •  Site Plan Review – (Property owned by Highland Realty Corporation)
 – Map 5, Lot 30, Map 30, Lot 20, Map 31, Lots 36, 38, 39 & 40

        Murdock MacGregor proceeded to review the Highland Realty Corporation’s                   application.  He referred to a letter that was included in the application dated November 5, 2016 from J. Colby Wallace at Bernstein, Shur, Sawyer and Nelson, P.A.  This letter explains that Highland Realty Corporation owns land that was originally acquired by family members in the 1950s.  The Board of Directors consists of three brothers; Murdock, John and Roderick MacGregor. The current shareholders of the corporation consist of the three brothers and their children.  

The intent of establishing the corporation was and is to keep the real property in the family for future generations.  It was set up in a manner that would encourage family use and discourage sale of the property.  In an effort to ensure that the property stay generationally within the descendants of the three Board of Directors’ parents, Malcolm and Lenore MacGregor, a family corporation under the same name will function as a cooperative arrangement.  The cooperative arrangement allows for the creation of distinct parcels, which a family member may lease from the cooperative, and which are strictly limited to family use and cannot be sold.  It is the creation of these distinct leasable parcels in the cooperative arrangement that required the applicants to seek municipal approval for subdivision due to the leased nature of the parcels.  It was noted that Maine law allows for cooperative arrangements as referenced in MRSA § 1743(4), which states that a Maine corporation can provide housing on a cooperative basis in any manner.  

George Sawyer, from Sawyer Engineering & Surveying, reviewed the plot plan showing all of the property owned by Highland Realty Corporation and how the three “areas of influence” (or zones) are currently split between the three brothers.  These are not three separate lots, but one whole parcel of land (with one tax bill).  These are specific areas that the family members can use and be responsible for without breaking them up into separate lots.    

Brandon Woolley explained that basically they are looking for the Planning Board’s protection that any future change in any ordinances wouldn’t prevent them from dividing these properties (or areas of influence).  He stated that they are not subject to any subdivision review.  It is all within the family who are the trustees to the corporation, so, although the family doesn’t actually own the property, it still belongs to the trustees of the corporation.  Paul White stated that it is not a classic subdivision in that it is just a revocable assignment of rights for property.  

Murdock MacGregor stated that they are hoping to obtain a letter that states that the Planning Board has reviewed this matter and has found that this issue does not fall under the Planning Board’s jurisdiction and therefore is not reviewable by them.  The Board asked Brandon Woolley to confer with the town’s attorney before a letter is generated to address this matter.  He agreed to do this and report back to the Board with his findings.     

VIIII   Adjournment

Jim Jansz made a motion to adjourn at 8:12 p.m.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

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