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Planning Board Minutes 12/13/2016

I       Call to Order

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

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

Guests present: John Cunningham (from Eaton Peabody Attorneys at Law), Michael Gotto (from Stoneybrook Consultants, Inc.), Scott Anderson (from Verizon Wireless), Charles “Chip” Fredette (from Verizon Wireless), Dan Braverman, Don Andrews, Bruce Clift, Bruce Weymouth, Roger Mercaldi Jr., Gwen Mercaldi, Sam Minervino, Jan Minervino.

II      Correspondence  

Maureen Scanlon reported that the following correspondences were submitted to the Planning Board in their meeting information packets prior to this meeting.
She made note of the fact that several of these correspondences were received previously but were held until the Minervino’s proposed project was on the next meeting agenda.  

  • A copy of a correspondence dated September 14, 2016 from James Keltos in reference to “Old Business” agenda item c.
  • A copy of a correspondence dated October 18, 2016 from Attorney Elliott R. Teel of the Teel Law Office in reference to “Old Business” agenda item c.
  • A copy of a correspondence dated November 1, 2016 from Attorney Judy A.S. Metcalf of Eaton Peabody Attorneys at Law in reference to “Old Business” agenda item c.
  • A copy of a correspondence dated November 3, 2016 from James Keltos in reference to “Old Business” agenda item c.
III     Open to Public Questions

        No questions were asked.

        
IV      Review of Minutes (November 8, 2016)

Joe McMahon made a motion to approve the minutes from November 8, 2016 as presented.  It was seconded by Tina Vanasse.  Motion carried with all in favor.

        RECORDER’S NOTE: The Board decided to address “New Business” agenda item “a.” before “Old Business” agenda item “c.”  These minutes are formatted in the original agenda order.   

V       Old Business    

  • Subdivision Plan Review – Division of Property Located on Route 114 (Property owned by Bluestone Capital, LLC) – Map 9, Lot 21
The applicant was absent from this meeting therefore this agenda item was not discussed.  

  • Site Plan Review (Wireless Telecommunications Facility)                   (Property owned by William Allen) (Applicant is Verizon Wireless) –   Map 12, Lot 5C
It was noted that this is not a new application.  It is a request for a renewal of an existing application due to the time period that has elapsed since the original approval was granted.  

Brandon Woolley confirmed that no changes have occurred in the law or have been made to the project since the original approval.  Maureen Scanlon confirmed that all fees have been paid for this application renewal.  

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

There was some discussion on whether or not a Public Hearing should be held again for this project.  Although it was noted that there are no new abutters to this location, the Board determined that a Public Hearing should be held again due to the time period that has elapsed since the last one was held.  

Donna Cook made a motion to hold a Public Hearing for this renewal application of the cell tower project at the January 10, 2017 Planning Board meeting.  It was seconded by Jim Jansz.  Motion carried with all in favor.  

There was some discussion on whether or not a Site Walk should be held again for this project.  It was noted that a Site Walk was previously done at this location and that nothing has changed in the design of the site.

Joe McMahon made a motion to waive the Site Walk for this renewal application.  It was seconded by Donna Cook.  Motion carried with all in favor.  

This item will be added to the agenda for the January 10, 2017 Planning Board meeting.      

  • Site Plan Review – Property located in a Shoreland Zone                         (Property owned by Long Beach LLC) (Applicants are Samuel & Jan Minervino) – Map 19, Lots 93, 99 & 100
Brandon Woolley confirmed that the application is complete.  Maureen Scanlon confirmed that all fees have been paid to date.  

Mike Gotto reintroduced himself as the project representative for Mr. & Mrs. Minervino.  He also introduced Attorney John Cunningham who also represents the Minervinos.  Mr. Gotto proceeded to review, in detail, the proposed project to the Board.  It was noted that there are no differences from the originally proposed project other than the fact that the shorefront portion which is being resubmitted now does not include the parking lot portion that was removed from the application.  The parking lot portion of the originally proposed project was approved separately on a separately submitted application.  However, what is significantly different than what was originally submitted is the inclusion of the extensive Department of Environmental Protection’s (DEP) approval which has been received since the proposed design plan was originally brought before the Board.  

Attorney John Cunningham from Eaton Peabody Attorneys at Law asked to clarify for the record that the applicants are not just Mr. and Mrs. Minervino, but also their LLC which is Long Beach LLC.  In fact, they are all the applicants.  He explained that he has noticed that not all of the documents seem to reflect this fact and wanted to clarify the matter.  He also mentioned that (at the start of the meeting) they handed out some new copies of deeds.  This includes the deed to lot 100 and lot 99.  He explained that there is a court order dealing with the land between those lots and the low water mark because the court decided that title was by adverse possession.  He wanted to draw the Board’s attention to this fact to show that they are establishing their right title and interest for the record.  Paul White stated that the judgement clearly says that it’s treated as the property of the owners; therefore it would allow this Board to address it.  It is basically a “standing” issue.         

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

Donna Cook made a motion to perform a Site Walk at this location on Saturday, December 17, 2016 at 9:30 am.  It was seconded by Joe McMahon.  Motion carried with all in favor.  

There was some discussion between the Board and the Minervinos on whether they would like to have the public hearing held on this matter at the January 10th or February 14th Planning Board meeting.  The Minervinos agreed to wait until the February 14th meeting since there is already going to be two public hearings held at the January 10th meeting.  

In regards to the correspondences submitted regarding this proposed project, Paul White stated that if the parties want to fight about who owns what and who owns the rights to a piece of property then they have to do that in court.  

Tina Vanasse stated that while going through the documentation submitted for this project she noticed that the DEP sent letters to the people that were concerned, stating that their concerns did not justify disapproving the project.  They had every right to express their concerns, but the DEP went through them all and ultimately made the decision to approve the project.  Tina stated that this was an important piece of information that this Board had in order to make their final decision.  Mike Gotto explained that this is why he wanted to submit all of the DEP information to the Board, so that this Board would know that they (the DEP) paid attention to what the neighbors were asking for and they addressed the matter.   

Donna Cook made a motion to hold a Public Hearing on this proposed project at the February 14, 2017 Planning Board meeting.  It was seconded by Joe McMahon.  Motion carried with all in favor.

This item will be added to the agenda for the February 14, 2017 regular Planning Board meeting.     

  • 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

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

Tina Vanasse stated that she is an abutter to this property but does not feel as though she would be unable to make an impartial judgement during the review process of this project.  Paul White asked Mr. Braverman if he would like Tina to recuse herself from participating in the review process of his proposed project.  Mr. Braverman responded that he does not object to her participation.  Paul told Mr. Braverman that if at any time he changes his mind on this matter to please bring it to the Board’s attention.  

Daniel Braverman proceeded to review, in detail, his proposed project to the Board.  He stated that he originally purchased “The Beeches” cabins and restaurant property from the Woodman’s and recently purchased the abutting Lot 10A from Steve Titcomb.  One 16’ x 16’ cabin, known as cabin #2 now exists on this lot.  The proposal is to add two additional one bedroom cabins, with the same 16’ x 16’ dimensions, on that same lot.  It was noted that septic work was recently done for cabin #2 when it was constructed on this lot.  While that was being done it was designed to accommodate the proposed two additional cabins.  

It was noted by Tina Vanasse that the well for this property is located 40 feet deep and is rated at 47 gallons per minute recovery time.  She is a joint tenant of this well and stated that it can support the needs of the additional cabins.

Paul White asked Brandon Woolley if he has any concerns regarding this project.  Brandon explained that this was part of a larger proposal.  Dan had an opportunity to purchase the lot from Steve Titcomb and our ordinance allows for one cabin to be legally constructed on this already non-conforming lot.  When Brandon asked Mr. Braverman for the design of the septic system, Mr. Braverman offered to, not just design the septic system, but to go ahead and install it, which is what he did.  Brandon stated that everything is compliant with all of the guidelines for rental cabins, and Mr. Braverman has taken into consideration the parking, fire protection, the spacing between the cabins and the property line setbacks.  One issue that he would like to bring up though that he thinks needs to be addressed perhaps as part of the approval is the appearance of the place.  One of the requirements under the code is to provide landscaping and beautification as well as arrangements for trash pick-up.  It has been a problem in the past, so Brandon hopes that Mr. Braverman will be willing to comply with a conditional approval to take care of those issues.  He also would like him to work out with the neighbors the issue of the placement of the existing cabin, meaning which direction it is pointing and any fencing requirements.  He thinks that these items should be made a condition of any potential approval of the project.  Other than that, it is an allowable use under our ordinance and has met all of the requirements of the development.    

Tina Vanasse asked Brandon Woolley if there are a different set of requirements for seasonal rentals versus year round residences.  He explained that the Health Department has requirements for seasonal conversions, but the primary criterion is the septic system.  He noted that all of the septic designs at this location meet the criteria for seasonal conversions.  He also noted that under the town’s ordinance these units cannot be considered dwellings due to the dimensional requirements needed for a dwelling.  So, they are rental cabins, that can’t be sold separately as dwellings, which is an allowable use under the Land Use Ordinance.  

Maureen Scanlon confirmed that all fees have been paid to date.  Brandon Woolley confirmed that the application is complete.  

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

Donna Cook made a motion to perform a Site Walk at this location on Saturday, December 17, 2016 at 9:00 am.  It was seconded by Jim Jansz.  Motion carried with all in favor.  

Tina Vanasse made a motion to hold a Public Hearing on this proposed project at the January 10, 2017 Planning Board meeting.  It was seconded by Donna Cook.  Motion carried with all in favor.

This item will be added to the agenda for the January 10, 2017 regular Planning Board meeting.     

VII     Adjournment

Joe McMahon made a motion to adjourn at 7:55 p.m.  It was seconded by Donna Cook.  Motion carried with all in favor.

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