Planning Board Meeting
MINUTES
TOWN OF SEBAGO
PLANNING BOARD MINUTES
7:00 PM
Tuesday, April 9, 2019
TOWN OFFICE BUILDING
I. Call to Order
Paul White called the meeting to order at 7:00 p.m.
Present: Jim Jansz, Dick Perry, Andrew Plummer, Paul White, Tina Vanasse, Code Enforcement Officer Brandon Woolley, Recorder Desirae Bachelder.
Guests present: Nate York, Phil & Claudia Lowe, Jeff Cutting, Mary & James Ernst
II. Correspondence
Desirae Bachelder reminded the Board that the May 14, 2019 meeting has been rescheduled to May 21, 2019 at 7:00 pm due to the Annual Town Meeting being moved to May 14, 2019.
Desirae Bachelder advised the Board that Paul White who was absent from the last meeting held on March 12, 2019 has reviewed the minutes from that meeting and listened to the recording of the proceedings. He has completed the “Member’s Affidavit Regarding Missed Planning Board Meetings” attesting to this fact and will therefore be allowed to participate in the approval process for tonight agenda item. The original copy of this affidavit will be filed in the official Planning Board Meeting Minutes file. Copies will also be filed in the Planning Board files for the proposed project.
III. Open to Public Questions
Phil Lowe mentioned that the Selectmen had moved the Comments from the Public section to the end of the agenda so that the public has a chance to comment after discussion. Paul White noted that even at the end of the meeting it would be the same requirements, in other words general questions can be asked but specific questions cannot be asked about the ongoing projects.
Jeff Cutting confirmed with the Board that he could not speak on any of the items on the agenda tonight. Brandon mentioned that at the last planning board meeting the Board had requested that any additional information or testimony be submitted to the Board two weeks prior to the next meeting, not at the meeting. Paul White confirmed that it is statutory, when the Board reviewed the application for the Verizon Wireless Communications Tower they found that there are specific times and public hearings when the public can speak and ask questions about certain projects. Mr. Cutting expressed his feelings that the hearing that was held on December 12, 2018 was not a complete hearing; he does not feel that the Board or the public was prepared for it. Paul explained that the Board acts on information received primarily from the applicant and the public. The Board does not generate its own information or act as anyone’s attorney, surveyor or researcher. When the Board discusses the project Paul will ask the Board if they will accept what Mr. Cutting has in writing.
Mary Ernst introduced herself and her husband James; they have recently purchased 72 Shore Road and are in the process of renovating the property for year round living. They have been approached and asked about holding weddings on the property. Mrs. Ernst is in the process of filling out the site plan review application for a wedding/event venue to submit to the planning board.
IV. Review of Minutes (March 12, 2018)
Dick Perry made a motion to approve the minutes from March 12, 2019 as presented. It was seconded by Tina Vanasse. Motion carried with all in favor.
Tina complimented Desirae Bachelder on the last few meeting minutes and the work and detail that have gone into them to get them done in time for the next meeting.
V. Old Business
a. Site Plan Review – Proposed Use of Property is for a Gravel Pit – (Property owned by Nathaniel York) – (Land Lot) – Map 4, Lots 6 & 8A
The DEP (Department of Environmental Protection) application has been completed and a letter has been received from Mr. Kluck at DEP stating that Mr. York is in compliance. A letter from Evergreen Credit Union has been submitted concerning Mr. York refinancing the property.
Desirae Bachelder reported that all fees have been paid to date.
Paul White asked Brandon to comment about the right-of-way. Brandon explained that there has been a lot of discussion about the right-of-way and the public easement which are two separate things. The public easement is immaterial because Mr. York has a warranty deed with a deeded right-of-way all the way to Route 114. There have been some surveys done, some title work was done before a warranty deed was done, and Brandon has done some title work. Brandon is satisfied that there is a right-of-way that extends all the way to Route 114. The Town’s attorney believes that the warranty deed should stand as evidence that he (Mr. York) has a right-of-way to the property. If someone wants to challenge Mr. York’s right-of-way it would become a civil matter, and it is not in the Board’s interest or the Town’s interest to become involved in a civil matter. Paul White clarified that the Town attorney has advised that if any of the land owners want to challenge Mr. York’s right to have trucks travel across their property they would have to do so in a court. Tina Vanasse noted that to have the public easement withdrawn, the people who originally signed the easement would have to go to court and prove to a judge that the easement can be removed. But even that is moot because Mr. York has a right-of-way. Paul White agreed that even if the Towns easement to plow the road is revoked the right-of-way still exists and still allows Mr. York to access his property. Dick Perry asked if there are any records of stipulations about the use of the right-of-way in so far as excessive use, damage and who would be responsible for potholes. There is nothing in writing that spells out any maintenance agreements between property owners. It is a right-of-way so everyone that has the right to use the road usually shares in the cost of maintenance and repairs. Mr. York has offered to help with maintenance and repairs since he is most likely to cause the damage and has expressed the willingness to maintain the road. Dick mentioned that as a public easement road the general public has the right to travel the road. If the road was no longer considered a public easement road only the people with a right-of-way would have the right to travel the road. Jim Jansz asked if the Town has any responsibilities for maintaining the road or any liability if the road is not up to standards. Brandon clarified that the Town has no liability for any public easement road and the Town only grades the road twice a year.
Paul White noted that there are two layers to this project. The first is that it appears that Mr. York has a right-of-way from his property to a public road. The second is the public easement, and even if the public easement is removed Mr. York would still have a right-of-way to his property. Paul reiterated that the maintenance of the road would become a civil matter, which the Town attorney has advised would not be in the Board’s interest to become involved in.
The Board discussed the size of the pit. Brandon commented on the concerns that were raised about the wildlife habitats, wetland and sensitive areas along the Northwest River. The Town, according to the Comprehensive Plan, wanted areas along the Northwest River protected, but that doesn’t mean that all of the Northwest River needs to be protected. There is already significant development on the lower end of the river, the elementary school, the marina, the Towns facility and other residences. Brandon presented maps that are included in the Comprehensive Plan including topographical, soil, land use and wildlife and fisheries habitats maps. Tina noted that she had looked through the maps in the Town Office Resource Room and it is clear that the area in question is free of wetlands, vernal pools and wildlife habitats, which coincides with the maps that Brandon has presented. Brandon confirmed that there is nothing in the Comprehensive Plan that would prohibit the proposed gravel pit.
The Board discussed hours of operation and noise disturbance. It was determined that there is no reason for Mr. York not to use his equipment for personal use on his property on the weekends. There will be no blasting on the property as that would affect the water table. Mr. York stated that the normal work day is 7:00 am to 4:00 pm. Brandon stated that Land Use Ordinance Section 5-13 address noise standards and that the noise is not to exceed the property boundaries for any industrial uses. This is considered a commercial endeavor not an industrial use. But it does state under the industrial uses that offensive noise shall not be transmitted beyond lot lines or cause disturbance to neighboring residential properties.
Brandon reviewed the project with the Board, along with Mr. York’s plan to turn the property in a farm. Brandon explained that in the past the Town had deferred the oversight of gravel pits and extraction sites to the DEP (Department of Environmental Protection). The Board discussed calculating the pit size by DEP standards. DEP has issued an approval to Mr. York for the gravel pit. Jim Jansz asked about the restoration of the land. Tina explained that before Mr. York can make the pit bigger or move on to another part of the property he has to restore the land that has already been disturbed. Mr. York explained that he is still an acre short of the allowable acres per DEP. His goal is to establish a flat area to be graded and restored. Eric Kluck from DEP will be inspecting the site in the spring and he or someone from DEP will inspect the site annually. If Mr. York is not compliant at the time of the inspection he could be fined until he becomes compliant. The Board discussed placing further requirements on this project. Brandon stated that any requirements the Board places on the project would be redundant because they are already required to keep his license with DEP.
Paul White asked if the Board members would accept the documents that Jeff Cutting would like to present to the Board. The Board agreed to look at them. Mr. Cutting presented the deeds and map for property that his parents own along Route 114. It shows that the first .1 miles is only a 10 foot right-of-way. Paul explained that if Mr. Cutting or his parents want to challenge Mr. York’s right to use the right-of-way it would need to be through a district court. Jim Jansz asked Brandon if the Town’s attorney had looked at the public easement deed. Brandon confirmed that the attorney had looked at the deeds and it is a valid easement and the only way to undo it would be to go to court. Paul noted that any disagreement between the private parties concerning the use of the road would become a civil matter, and it is not in the Board’s interest or the Town’s interest to become involved in a civil matter. Paul explained that the Board is not here to determine if the right-of-way is adequate just that there is one.
Brandon addressed the concern that the fees paid for this application were insufficient, since this concern was also brought to the Selectmen’s attention. The last pit or quarry that came before the Board was the George Anderson & Sons pit on Peabody Pond Road in 2012. Brandon researched the application and the minutes pertaining to the Anderson pit, and in 2012 the fee for a site plan review was $35.00 plus fees for mailings and advertisements which came to a grand total of $130.00. At the time there was a motion made, seconded and carried that the fees were appropriate and the application was accepted or approved. So there has been a precedent set to charge the site plan review fee and the fees for mailings and advertisements. The fees are set annually by the Selectmen. Paul White asked if all appropriate fees have been paid. Desirae Bachelder reported that all fees have been paid to date.
The Board discussed restoration of the land. Brandon stated that statutorily when Mr. York is finished extracting materials he has two years to restore the land and he has agreed to start restoring the land this summer. Mr. York stated the land will be turned into farm land. Tina Vanasse noted that the Anderson’s pit is located closer to the river than Mr. York’s pit is. Tina also suggested that the pit is not planned to be a major source of income, but a means to an end for an operating farm. It was mentioned that Mr. Dodge is the closest neighbor to the project and he has made no complaints about Mr. York’s project.
The Board discussed the concerns that were raised at the previous meetings. Many of the concerns have been addressed tonight. It was suggested that the Comprehensive Plan needs to be updated; since it has not been updated since 2006 it is time to begin working on this. An erosion control plan is in place. In response to how much does a loaded truck weigh, Mr. York stated that he registers the truck for a maximum of 76,000 pounds. DEP will be overseeing the project, and the Board is satisfied that the Town ordinances are being followed.
Andrew Plummer made a motion to accept (approve) the project. It was seconded by Dick Perry. Motion carried with all in favor.
b. CEO Updates
Nothing reported.
c. Goal Setting Items
1. Voting Matrix (finalizing process)
The Board briefly discussed using the Voting Matrix in future projects.
2. Review of Application Processing Documents
Nothing reported.
VI. New Business
a. Subdivision Plan Review – Amendments to Current Subdivision Plan – (Property owned by Bluestone Capital, LLC) – Map 9, Lot 21
The applicant was absent from this meeting therefore this agenda item was not discussed.
VII. Adjournment
Tina Vanasse made a motion to adjourn at 8:51 p.m. It was seconded by Andrew Plummer. Motion carried with all in favor.
Respectfully Submitted,
Desirae Bachelder
Administrative Assistant/Deputy Clerk