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Planning Board Minutes 09/13/2016

I       Call to Order

Chairman Paul White called the meeting to order at 7:06 p.m.  

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

Absent: Tina Vanasse

Guests present: Jim Libby, George Sawyer (from Sawyer Engineering & Surveying, Inc.), Jason Jordan, Ann Farley

II      Board Member Appointment (Donna Cook)   

        Paul White thanked Donna Cook for returning and assisting the Planning Board.  Donna was recently re-appointed to the Planning Board by the Board of Selectmen to finish out the term for the position that was vacated by Phil Lowe.  This term expires on June 30, 2018.    
        
III     Correspondence

  • Updated Planning Board Membership Contact List
Maureen Scanlon reported that an updated Planning Board Membership Contact List was submitted to the Planning Board in their meeting information packets prior to this meeting.  This information will also be distributed to the Board of Selectmen, Town Manager and Town Clerk.

IV      Open to Public Questions

        Ann Farley, who is the Chairman of the Board of Selectmen, stated that it recently came to the attention of the Board of Selectmen that there may need to be some revisions made to the Planning Board ordinances, specifically the Shoreland Zoning ordinance.  The Board of Selectmen thought it might be a good idea to create an Ordinance Review Committee to review the Planning Board Ordinances and make any necessary changes to them with the Planning Board’s approval.  The revised ordinances would then be brought before the legislative body at the annual Town Meeting for approval and subsequent implementation.  Ann suggested that this proposed committee should consist of a member (or two) from the Planning Board, a member of the Board of Selectmen and the Code Enforcement Officer.  Paul White asked what the proposed changes were.  Brandon Woolley explained that the ordinances just need to be reviewed because he has found numerous issues with inconsistencies between the Land Use and Shoreland Zoning ordinances.  Paul stated that this would be discussed further by the Planning Board members at the end of this meeting.     

V       Review of Minutes (August 9, 2016)

        Joe McMahon made a motion to approve the minutes from August 9, 2016 as presented.  It was seconded by Jim Jansz.  Motion carried with all in favor.

VI      Old Business    

  • 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

  • Subdivision Plan Review – Logan Woods Subdivision
(Property owned by Evelyn Jordan & Jason Jordan)
Map 11, Lots 17 & 17B

George Sawyer, from Sawyer Engineering & Surveying, Inc., explained that he is representing the Jordan’s for this proposed project.  Basically this project was previously brought before the Planning Board in April of 2008.  At that time it was a five (5) lot subdivision that was approved by the Planning Board.  Nothing has transpired as far as selling any of the properties since then.  The question arose as to whether the five original lots were still valid because there wasn’t anything found in the final vote stating that after a certain time frame that it would be considered null and void.  George stated that there were some questions about that because there are two common driveways that were supposed to be constructed within a two year time frame.  During George’s review process with the property owner, in order to bring it back before this Board, it was decided that maybe another lot should be split off of the original house lot.  This lot was originally nine acres and is now being proposed as a seven acre lot and a two acre lot.  The two acre lot that is now being created would use the existing driveway to the existing house as the entrance off of Route 107.  There are no proposed changes to the other four lots from what was originally approved.

Paul stated that you are basically updating in two ways; to make sure your entrances are covered and to do a second lot on lot 1-A.  George confirmed that that is correct.  George stated that a note was made that the driveway entrance shall be “in common” with the driveway entrance for lot 1-A serving the house.  George proceeded to review the details of this previously approved subdivision project.  He mentioned that Covenant #1 of the original plans states that once approved the (new) property owners couldn’t further subdivide the property.  However, none of the lots have been sold so the original owners are still the only owners.  This covenant would have to be changed if the change in the project is approved.  George proceeded to answer questions from the Board regarding the details of the previous approval.  

There was some discussion amongst the Board regarding whether or not a Site Walk would be required since one was previously done for the original approval and no other changes are being proposed, other than the additional lot being split from original house lot.  

Donna Cook made a motion to waive the Site Walk since one was previously performed.  It was seconded by Joe McMahon.  Motion carried with all in favor.  

Donna Cook made a motion to hold a Public Hearing on this proposed project at the November 8, 2016 meeting.  It was seconded by Jim Jansz.  Motion carried with all in favor.  (It was noted that the Public Hearing for the original approval was held on May 13, 2008.)    

Brandon Woolley confirmed that the application is complete.  

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

Paul White mentioned that items that will need to be addressed are as follows; approvals of the entrances, the second house lot, and the change to the covenant (which George Sawyer stated will be corrected prior to the November meeting).  

Paul White stated that this project will not require a complete review of the items that were previously approved, which means new reports, etc. will not be required.  Only the changes to the previously approved project will need to be reviewed for additional approval (or denial).  

Maureen Scanlon reminded the Board that an escrow account already exists for this Jordan Woods subdivision.  There was some discussion regarding the need for an additional $100.00 lot fee that will be required for the additional lot if it is approved.  It was noted that the $75.00 application fee has been paid, but there will be other fees associated with the approval process such as reimbursement for public hearing advertisements and abutter notices.           

  • Subdivision Plan Review – Division of Property Located on Route 114 (Property owned by Bluestone Capital, LLC)                                          Map 9, Lot 21
George Sawyer, from Sawyer Engineering & Surveying, Inc., explained that he is representing Bluestone Capital for this proposed project.  George explained that this is a plan that was previously approved by the Planning Board in 2004.  It consisted of seven lots on a large piece of property that has frontage on Sebago Road (Route 114) and borders Hawkes Road and the Town Line.  This was previously known as the Glen Gaudin Subdivision; however Bluestone Capital has foreclosed on this parcel of property with Glen retaining a 10 acre lot.  He received Planning Board approval on November 10, 2015 to develop his lot under the Site Plan Review process.  

This new application is to divide this 185 acre parcel into 4 large lots.  The lots will range in size from 8 acres up to 88 acres.  All lots will be accessed by the 60 foot right-of-way which exists across the lot and leads from Route 114 to an existing 14.5 acre lot owned by Sarah Butler in the northwest corner of this property.  George proceeded to review the proposed changes to this project.  

There was some discussion on the town’s ordinance which states that the limit for a dead end road is 1200 feet.  George asked the Board about the right-of-way that leads to the back lot.  Since it already exists (and is in use) all the way through this parcel of land, he asked if they can go more than 1200 feet?  This would make a difference on the shape of one of the proposed lots.  There was quite a bit of discussion regarding this matter between the Code Enforcement Officer and the Planning Board with no final decision being made at this meeting.    

Donna Cook made a motion to perform a Site Walk at this location (at the beginning of the roadway) on Saturday, September 24, 2016 at 9:00 am.  It was seconded by Joe McMahon.  Motion carried with all in favor.  

Joe McMahon made a motion to hold a Public Hearing on this proposed project at the November 8, 2016 meeting.  It was seconded by Donna Cook.  Motion carried with all in favor.      

Brandon Woolley confirmed that the application is complete.  Maureen Scanlon confirmed that the $75.00 application fee has been paid.    

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

  • Scheduled Absence of Recorder/Secretary at the October 11, 2016 Meeting
Maureen Scanlon reported that she will be on a scheduled leave of absences during the month of October.  After some discussion it was determined by the Board to cancel the Planning Board meeting for October 11, 2016.  The next regularly scheduled Planning Board meeting will be held on November 8, 2016.  

  • Meeting Location Conflict
(The November 8, 2016 Election will be held in the Planning Board’s Regular Meeting Room.)

The Planning Board meeting on November 8, 2016 will not be held in the regular meeting room at the Town Office building due to the Election being held in that room on that date.  Due to the fact that the meeting in November will include two Public Hearings, which means there may be more audience members present, the meeting location will be at the lower level of the “Old” Town Hall building at 418 Bridgton Road.   

  • Miscellaneous Item (Ordinance Review Committee)
In response to Selectman Ann Farley’s request during the “Open to Public Questions” section at the beginning of this meeting there was some discussion between the Code Enforcement Officer and the Board regarding the need for an Ordinance Review Committee.  Paul White and Donna Cook have agreed to participate as members of this proposed committee.

VIII    Adjournment

Donna Cook made a motion to adjourn at 8:07 p.m.  It was seconded by Joe McMahon.  Motion carried with all in favor.

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