Planning Board Meeting

MINUTES

TOWN OF SEBAGO

PLANNING BOARD MINUTES

7:00 PM

Tuesday, March 12, 2019

TOWN OFFICE BUILDING

I.      Call to Order

Tina Vanasse called the meeting to order at 7:04 p.m.  

Present: Jim Jansz, Dick Perry, Andrew Plummer, Tina Vanasse, Code Enforcement Officer Brandon Woolley, Recorder Desirae Bachelder.

Absent: Paul White

Guests present: Nate York, Dave & Beth McCarthy, Phil & Claudia Lowe, Deb Howard, Jeff Cutting, Greg Cutting

Tina asked to speak briefly about the job of the planning board.  We (the Board) have been given the responsibility to guide, oversee and okay the growth of the Town.  We have ordinances that have been written, rewritten and sometimes we’re still screaming that there still not right, but we are doing the best we can with what we have. We are also here to protect the Town and work with a master plan to see that our Town continues to grow.  We’re also here to encourage entrepreneurs, business people, to either enlarge or create new businesses within the Town to help the Town grow.  The responsibility is to ensure that this is a controlled situation, and we have the ordinances to guide us in those decisions.  It is not because we might like you or might not like you, that does not enter into it; we try to follow the ordinances as closely as we can.

II.     Correspondence

a.      Desirae Bachelder informed the Board that due to the Annual Town Meeting being moved to May 14, 2019 the Board might consider changing the date of the May Planning Board meeting which is the same night.  May 21, 2019 is             available as well as May 28, 2019, although Town elections will be held on May 28th meaning that the meeting would need to be held elsewhere.    

                Jim Jansz made a motion to change the May 14, 2019 meeting date to May 21, 2019.  It was seconded by Dick Perry.  Motion carried with all in favor.  

III.    Open to Public Questions        

Dave McCarthy asked the Board where in the ordinances it says that the Board is responsible for encouraging growth and entrepreneurship.  Tina Vanasse explained that the Board does not solicit people, but as they come before the Board they are encouraged to follow the ordinances.  

Dave McCarthy started by commenting on the Comprehensive Plan, which guides the growth of the Town and the Boards with what the priorities of this Town are.  He mentioned that it clearly states in the Comprehensive Plan that natural resources are the number one priority.  Number two is a controlled growth and growth that is fitting in the environment and will retain the character of the Town.  

Dave McCarthy asked to read aloud an email from abutter Jay Fish from January.  Tina asked how this email pertains to the current project.  Mr. McCarthy referenced Land Use Ordinance Section 7 number 8 Financial Guarantee.  Tina noted that this is getting closer to the public hearing aspect that was held in December.  Dick Perry felt the same.  

Jeff Cutting stated that a public hearing was held, but it is his opinion that the Board was not ready for the public hearing, so questions weren’t answered at the time.

Brandon asked Mr. McCarthy to repeat the section of ordinance that he referenced so that the Board could read it.  It was Section 7 number 8 on page 7-4.

Dave McCarthy read aloud an email from abutter Jay Fish.  This email is attached to and does hereby become a part of the original set of these minutes.  Mr. McCarthy then read aloud a statement that he had prepared for the board concerning this project.  This statement is attached to and does hereby become a part of the original set of these minutes.  

Brandon interrupted Mr. McCarthy to say that he is giving the Board a lot of information to digest and ask if he has a written copy to share with the Board for them to review.   Mr. McCarthy does have copies for the Board.  Mr. McCarthy continued reading his statement.

Dick Perry interrupted Mr. McCarthy and asked how much longer this would go on.  This is not a public hearing; the Board has already held a public hearing. This meeting was not announced as a public hearing, so other people could not be here to make suitable presentations.  This has been going on for a while and we (the Board) have been given more information that we can absorb right now.  If another public hearing is needed it should be scheduled.  Jim Jansz agreed.  Dick reiterated that a public hearing was not posted and abutters were not notified, and the Board has heard a lot of information so far.  

Tina Vanasse asked, if the Board would allow, to hear Mr. McCarthy out so that he feels that he has been heard.  Tina agreed with Mr. Cutting’s point that at the last meeting the Board was not prepared to make any decisions.  

Dick Perry requested that if the Board is to consider the correspondence from the absentee abutter, the proper way to consider the correspondence would be for the abutter to send it himself to the Board of the Code Enforcement Officer.   Dick stated that the burden of proof should be on Mr. Fish, if he wants his correspondence addressed he should send it to the Board directly.  

Dick Perry asked who owns the Woodland or Woods Road and who plows the road.  Mr. McCarthy stated that the Town plows the road.  Dick noted that it would be a public access road then.  

Brandon asked Mr. McCarthy where his power comes from to his house, and if it comes in along what is now known as the Woodland Rd.  Mr. McCarthy stated that his power comes from Route 114 over the Cutting’s property and the Cuttings have easements for the poles.  

Jeff Cutting stated that the Town should have the documentation for the easement granted by his parents.  (Recorder’s Note: There is a file with all of the public easement documentation in the office.)

Phil Lowe stated that due to the fact that during all this discussion there hasn’t been a plan that has been posted that can be read, and a plan is required by the ordinances he suggested that once the Board has sifted through all of the information that the Board holds another public hearing.  Tina Vanasse agreed that the Board will hold another public hearing when necessary.

IV.     Review of Minutes (December 11, 2018)

        (NOTE: No meeting was held in the month of January or February)

        Dick Perry made a motion to approve the minutes from December 11, 2018 as presented.  It was seconded by Andrew Plummer.  Motion carried with all in favor.

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

                Tina Vanasse stated that she has looked through everything that Mr. York has provided to the Board.  Tina explained that there were two copies of the Department of Environmental Protection (DEP) Notice of Intent to Comply and                       that one was signed and one was not and that there was no information attached confirming that Mr. York had completed the items on the list.  Tina announced that she went into Portland last Friday, March 8, 2019 to the DEP                  Office and spoke to Erich Kluck (Specializes in Gravel pits and Mining) and as of Friday March 8, 2019 at 12:30 pm Mr. York’s application was not complete with the DEP.  

Mr. York stated that he has submitted the new scale drawing to DEP via email and gave a copy to the Board.   Tina asked if Mr. York had anything from Mr. Kluck accepting the new drawing.  Mr. York replied that Mr. Kluck had just received the drawing today.  Tina explained that for the purposes of tonight’s meeting Mr. York’s application is incomplete.  The letter from DEP asking for a new scale drawing was dated February 12, 2019 giving Mr. York plenty of time to get the drawing to DEP for approval before tonight’s meeting.  

Tina also talked to Mr. Kluck about the letter from Mr. York about Grace Valley Farm.  Tina explained that the letter is insufficient for a timeline; a timeline should spell out the dates that phases will be completed or started and what is going to be done and how it is going to be done.  Tina explained that if Mr. York wants the property cleared of the regulations of compliance in the mining ordinances Mr. York will need to go see Mr. Kluck and show Mr. Kluck what Mr. York will be doing with the land.  Mr. Kluck has to sign off that this project is done and over with.  Unless Mr. York is going to do both, work the gravel pit and the farm.  

Mr. York explained that the excavation company will be based at the property for the time being.  The farm is going to be for personal use.  Farming is regulated through the USDA not through DEP so it is a different process; his wife is working on this.   

Tina asked Brandon if Mr. York will need to come back before the Board when he is ready to begin the farming process.  Brandon replied that yes Mr. York will need to present a plan for the reclamation of the land that has been disturbed.  Brandon explained that when Mr. York first met with him about purchasing the property he was planning to farm the land, maybe put in some trails, or maybe build a campground.  The primary focus was on farming and agriculture.  Section 5 of the Land Use Ordinance, the Use Tables clearly states that agriculture and forestry are exempt from all Site Plan Reviews.  Mr. York was not required to come before the Board at any time for agriculture, or any forestry endeavor or for excavating up to two acres for gravel that he could use on his own network.  Brandon feels that the entire focus has shifted from farming and forestry to full scale excavation.  The land that has been stripped and flattened and leveled that has no gravel could be restored and crops could be planted.  There needs to be a concerted effort to start farming which was the intended use for this property.      

Tina asked if Mr. York has a timeline for what he intends to do with the property.  He does but it doesn’t have a clear phase 1 will be done by this date, phase 2 will be done by this date, and so on.  Tina explained that the Board needs the timeline to tell the Board what they need to know so that they can look at the ordinances and come to a decision.  

Brandon added that the Board is bound by what DEP has written as far as the deficiency in Mr. York’s application.  The Board needs a statement from DEP stating that the scale drawing is acceptable and the application is complete.  Brandon asked if Mr. York has ever estimated the amount of gravel on the property.  Mr. York replied that he has not because he has only gotten to bedrock in a few different places and bedrock is very inconsistent.  Tina asked about the water table.  Brandon stated that there were issues last year because of the rain, but Mr. York can’t be in compliance with the Mining division of DEP until he can demonstrate that he is operating 5 feet above the water table.  Without a test pit you can’t confirm that.  Mr. York stated that he has not dug down into the contour of the land; the two products that are on the property are stone and loam, everything else is tilly clay which is used to level the property.  Brandon asserted that Mr. York hasn’t dug down into the property, yet he’s sent the Notice of Compliance to DEP and that is one of the requirements, one of the standards for compliance.  

Dick Perry clarified that the Board does not have a completed application before them therefore the Board cannot do anything tonight.  

Brandon explained that the Board, according to the ordinances is required to make a decision so many days after an application has been submitted or after an application had been declared complete, this application was declared complete at one time.  There is a provision in the ordinances that allow the Board to extend that period if they require additional information in order to make a decision.  The Board needs to decide to either ask Mr. York to withdraw his application deeming the application incomplete and reapply submitting all of the information that the Board has asked for or table the issue and give him time, right now is not the best time of the year to dig monitoring wells and test pits.

Jim Jansz asked if this is a major development and if the data that the Board has been given is correct then a new application would be needed.  Brandon explained that it doesn’t declare on the application whether it is a minor or major development.  Brandon felt that the fee schedule that was read earlier in the meeting was a misrepresentation of the intent of the fee schedule.  It is up to the Board to discuss the fee schedule and determine the appropriate fees for each application.  

Dick Perry made a motion that until the Board has a clear completed application for this first phase of the project that the Board table the matter until the next meeting and if the application isn’t complete in time for the next meeting it shouldn’t be on the agenda.  

Tina asked if the Board felt that they would reach a point if the information is not received where the Board will shut the operation down.  Andrew Plummer suggested giving the applicant 60 days.  

Brandon mentioned that normally the Board would request that information be submitted to the Board two weeks prior to a meeting so that the information can be distributed to the Board members for them to review before the meeting.  Likewise it is preferred that written testimony from the public is submitted two weeks before a meeting so that the Board members can consider it.  

Phil Lowe asked if the applicant had been given a copy of the ordinances.  Brandon has given Mr. York copies of the applicable sections.

Dick Perry’s motion that until the Board has a clear completed application for this first phase of the project that the Board table the matter until the next meeting and if the application isn’t complete in time for the next meeting it shouldn’t be on the agenda was seconded by Andrew Plummer.  Motion carried with all in favor.  

b.      CEO Updates

        Nothing reported.

c.      Goal Setting Items

1.      Voting Matrix (finalizing process)

Nothing reported.

2.      Review of Application Processing Documents

        Nothing reported.

VI.     New Business – None

VII.    Adjournment

Jim Jansz made a motion to adjourn at 8:15 p.m. and move to a workshop.  It was seconded by Andrew Plummer.  Motion carried with all in favor.  

Dick Perry thanked the public for speaking out and apologize for some frustration that some may have been feeling.  He appreciated the information given.  

Respectfully Submitted,

Desirae Bachelder

Administrative Assistant/Deputy Clerk