Planning Board Meeting
MINUTES
TOWN OF SEBAGO
PLANNING BOARD MINUTES
7:00 PM
Tuesday, December 11, 2018
TOWN OFFICE BUILDING
I. Call to Order
Chairman Paul White called the meeting to order at 7:00 p.m.
Present: Jim Jansz, Dick Perry, Andrew Plummer, Tina Vanasse, Paul White, Code Enforcement Officer Brandon Woolley, Recorder Desirae Bachelder.
Guests present: Joanne Chessey, Stephen Ristich, Dan & Mackenzie Bowe, Nate & Adele York, Christopher Parker, Lauris Champagne, Dave & Beth McCarthy, Dorothy O’Donnell, Deborah Howard, Marcia Christensen, Phil & Claudia Lowe, Jeff Cutting, Barbara Cutting, Greg Cutting.
RECORDER’S NOTE: The Board decided to address “Public Hearing #1” and "Public Hearing #2” and “Old Business” agenda items “a” and “b” before “Public Hearing #3” and “Old Business” agenda item “c.” These minutes are formatted in the original agenda order.
II. Public Hearing #1 – Site Plan Review – Proposed Use of Property is for a Bed & Breakfast (Twin Hearts Farm LLC) – (Property owned by Joanne Chessey) – (178 Hancock Pond Rd) – Map 14, Lot 7
There were no questions from the public.
Paul White closed the Public Hearing at 7:01 p.m.
III. Public Hearing #2 – Site Plan Review – Proposed Use of Property is for an Event Venue/ Rental Hall (The Barn at Autumn Lane) – (Property owned by Daniel & Mackenzie Bowe) – (13 Autumn Lane) – Map 4, Lot 14
There were no questions from the public.
Paul White closed the Public Hearing at 7:02 p.m.
Paul White called the regular meeting to order at 7:03 p.m.
IV. Public Hearing #3 – Site Plan Review – Proposed Use of Property is for a Gravel Pit – (Property owned by Nathaniel York) – (Land Lot) – Map 4, Lots 6 & 8A
Paul White opened this public hearing at 7:06 pm.
Deb Howard read aloud a statement that she 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.
Paul White mentioned that there are general standards in section five of the Land Use Ordinance that address many of Ms. Howard’s concerns.
Phil Lowe asked if the applicant had provided a map that the audience could view. Mr. York offered a small map with the areas of use mapped out to pass around.
Paul White asked Brandon Woolley to explain to the audience the pit size. Brandon commented on Ms. Howard’s statement regarding non-renewable resources and open pit mining, in Brandon’s opinion that is not an accurate description of the nature of this business. Brandon mentioned that Ms. Howard had referenced the other two applicants and how dissimilar the three businesses are, but Ms. Chessey at the bed and breakfast recently replaced the septic system which required a large amount of fill, gravel, aggregates, loam and stone. Brandon surmised that it was an expensive endeavor and that most of the aggregates came from out of town. George Anderson and Sons owns a pit on Peabody Pond Road adjacent to Northwest River which has full DEP (Department of Environmental Protection) approval. There is another aggregate pit off Carl Burnell Road in Baldwin, situated next to Quaker Brook which also has DEP approval. These sites are the only ones in or around town that provide aggregates. Mr. and Mrs. Bowe have constructed three septic systems and expanded one of them for the event venue. Brandon suggested that the two dissimilar businesses, the venues and the gravel pit, cannot exist without each other. For example you need concrete, sand, crushed stone, rocks or gravel for driveways and parking lots. These totally dissimilar businesses need each other in order to exist.
Brandon then addressed the question of standards and the size of the site. Paul White asked Brandon to clarify the rules that apply to the gravel pit and what is allowed. The Land Use Ordinance states that with Code Enforcement Officer approval the applicant is allowed up to two acres of open gravel pit, and needs the approval from the planning board to expand from two acres up to five acres. Brandon explained that out of the 155 acres that Mr. York owns, approximately 7.2 acres have been cleared of trees. Approximately 1.97 acres of the 7.2 acres has been cleared and the overburden removed and opened for a gravel pit. This does not include the aggregate storage and the machinery storage that is exempt from the 2 acre parcel. Paul asked if there is a greater threshold where the applicant would need State approval. Brandon stated that a 10 acre gravel pit would need State approval and a voluntary letter of compliance to DEP which the applicant has already filed. A permit from DEP is required for a 10 acre gravel pit that includes cleared areas for material and machinery storage. Mr. York explained that if he were to exceed the 10 acres he would be required to restore the area before he would be able to move to another area. Andrew Plummer asked if DEP has been to the site. Mr. York stated that the person who deals with mining has been to the site. In regards to the standing water in the pit, DEP requires that the pit be self-contained, the standing water is there so that the soils are contained and cannot travel towards the river. DEP is required to inspect the location every year. Dave McCarthy asked if the Board has seen the approval from DEP. Brandon commented that it is not required because Mr. York has not exceeded 10 acres. Dot O’Donnell asked how far down Mr. York can clear before it affects the water supply to private wells. Paul White explained that Mr. York would need to meet certain size requirements before DEP permits are required, but he does not have a clear answer for Ms. O’Donnell.
Paul asked Mr. York what machines he has on location. Mr. York listed: an excavator, a backhoe, a larger excavator, a processing plant (screener) that he rents, and one tri-axle dump truck. Paul asked if the processing plant was for rock crushing. Mr. York replied that it is used for screening loam. Paul asked Mr. York what the hours of operation are for the current project. Mr. York stated that they start work at 7:00 am and usually finish around 3:00 pm, and that no one is there full time. Mr. York explained that he isn’t always removing material from the site, but is bringing in material from job sites to be processed. Tina Vanasse asked what Mr. York’s plans are for blasting. Mr. York stated that blasting is in no way part of the plan in the foreseeable future, the site needs to remain 3 feet above the water table at all times.
Beth McCarthy explained that she lives on Woodland Rd and hears the rumbling from the work that is going on. Mrs. McCarthy works at home a good deal of the time, and can hear the noise of the ongoing work all the time during the week and on weekends. Mrs. McCarthy is concerned that Mr. York’s 2 acres of open pit could expand to a larger amount of acreage due to the fact that he owns approximately 150 acres. She mentioned that it is good to know that there is a process to restore the land. Mrs. McCarthy also pointed out that when she and her husband built their house on Woodland Road, they had to ask the Cuttings for an easement that was written into their deed, allowing them to travel the road. She is not sure if Mr. York has an easement as well, but she feels that the road has deteriorated quite a bit since Mr. York’s business has been in operation.
Dave McCarthy commented that the Comprehensive Plan was developed with the intent to prioritize natural resources that are important to the citizens in Sebago. Water resources, in particular, Sebago Lake and Northwest River, are top on the list to be protected. Mr. McCarthy noted Brandon’s statement that 7.2 acres have been cleared and suggested that the Board members who had been at the site walk had not seen the full extent of the clearing. He reported that the overburden has been removed from the side of the pit near the river. Also there are streams on the property that he feels need to be addressed, streams that run almost all year long and flow into the Northwest River. Mr. McCarthy pointed out that some of the Land Use Ordinances are designed to get the maximum use out of the land without negatively affecting your neighbors. This project, in Mr. McCarthy’s opinion, is negatively impacting neighbors with the noise and property value. He also noted that the road is very narrow.
Jeff Cutting stated that his parents, Barbara and Carroll Cutting granted an easement to the town so that Woodland Road could be plowed, other than that he is unsure of what the definition of public travel would be. It was noted that public travel is open to any traffic. Mr. McCarthy suggested that the heavy equipment traffic is an overburden of the right-of-way. It is Mr. McCarthy’s concern that the public easement might be revoked.
Brandon read aloud the easement in question, but first he mentioned that all of the property owners on either side of the road signed the easement. “The above named having dedicated and voluntarily offered to transfer without claim for damages and by these presents do dedicate and offer to transfer without claim for damages the public easement herein described to the inhabitants of the Town of Sebago, a body corporate and public with a mailing address of Bridgton Road, and do hereby remise, release and convey and forever quick claim unto the said inhabitants of the Town of Sebago its successors and assigns forever a perpetual easement in common with others for public travel over and upon the following described road or ways as it is located now in the Town if Sebago.” This means that the public easement describes the road where it is currently (located) and when the easements were signed. Paul White asked if the easement extends all the way to the applicant’s property. Brandon replied that it does extend to Mr. York’s property. Jeff Cutting mentioned the easement from his parents was for .45 miles. Paul White noted that other property owners had signed easements extending the road to the applicant’s property. Mr. McCarthy questioned the date on which the easement was signed and when the town accepted the road as a public easement. Brandon explained that the easement was signed by all of the property owners in 2002 and the public easement road was accepted in 2003. Mr. McCarthy reiterated that the use of heavy equipment is an overburden to the road; the road was not designed or set in place for commercial traffic.
Claudia Lowe, who also lives on a public easement road, pointed out that anyone living on a public easement road is responsible for maintaining the road. The town inspects the roads every year to determine if the road is safe enough for equipment and if the road will be plowed. Mr. York stated that he has spoken to Mr. McCarthy and Mr. Dodge about the road before, and he has donated 80 yards of gravel allowing the town to grade the road before winter maintenance began. Mrs. Lowe suggested a written statement between property owners in case Mr. York’s business plan changes or if the business changes hands so that the other property owners are not left responsible for a road that has been degraded. Mr. York was agreeable to a written statement between the property owners.
Mr. McCarthy asked the Board if this project was being held to the road standards that regular roads are held to. Paul White stated that there are some extraordinary circumstances since the road is a private road with an easement. Paul agreed that the maintenance would fall on the property owners while the town would plow the road. He explained that the site plan review process addresses traffic increases and unsafe conditions of the road.
Phil Lowe asked the Board what standard they would be using for the access road; he directed the Board to section 5 of the Land Use Ordinance, Table 5-1. Mr. Lowe noted that he is here as a private citizen not as a selectman. Mr. Lowe would like the width of the easement researched for safety concerns.
Barbara Cutting asked what zone the applicant’s property is in, and if commercial uses are allowed. Paul White answered that it is in the rural district. He also stated that gravel pits are not prohibited in the rural district, but do require planning board approval.
Brandon pointed out that some easement roads have private rights, and some have public rights. There is a distinction between public easement roads and roads that the planning board reviews under site plan review. The planning board reviews roads that are going to be built to certain standards, there are no standards for a public easement road, it is an existing road. The planning board does not have the authority to require that a public easement road be widened to a certain standard. The section of ordinances that Mr. Lowe was referring to is about driveways. Brandon explained that the town’s road acceptance policy refers to all kinds of roads, and when they were built. A road built prior to land use ordinances in 1977 should not be held to the same standard of a road built in 2010. Brandon used Anderson Road as an example of a road with portions of it that cannot meet public road standards because of property lines, boulders, drop offs and culverts. Some of the travel width on Anderson Road is reduced to less than eighteen feet, but that does not disqualify the road from being accepted as a public easement road.
Jim Jansz commented that it had been suggested that the Board schedule another site walk. He feels that the site needs to be seen in the spring when the snow and ice is gone. When he went to the property for the site walk on Saturday, November 24, 2018 he almost got stuck in the road, and needed to use four wheel drive, so he understands the concerns about the road.
Dick Perry stated that he attended the site walk and the road is not untypical for the town of Sebago. The road was never intended for trucks to pass on, but there are many roads in town that trucks cannot pass on. Dick observed that if the road was intended strictly for homeowners, how did the construction trucks get in there to build the houses, how do the oil trucks get in there to deliver oil, and what about the UPS trucks. Dick stated that you have to use common sense; people live in Sebago for a reason, and it is not because they want to live on a highway where trucks can pass each other.
Tina Vanasse has been out to the site and observed that the first part of the road is traversable, but questions the safety of the upper part of the road. Brandon explained that the upper part that she is referring to is on the applicant’s property. There is currently a logging operation that is also utilizing Woodland Road. Tina agreed that another site walk should be done to better understand the layout of the property. Paul White referenced Site Plan Review Section 7-11, which discusses congestion, unsafe conditions, and increases in traffic. The project might not result in unreasonable congestion, but the bigger trucks that are unable to pass each other could possibly cause unsafe conditions.
Andrew Plummer asked Mr. McCarthy if he and his wife are the only ones who live on the road. Glen Dodge and his son have year round homes on Woodland Road as well. Paul White asked how many house access Route 114 from Woodland Road. Brandon replied that there are three houses. He also passed along Mr. Dodge’s regrets that he could not attend tonight’s meeting; Mr. Dodge has no objections to the applicant’s proposal. Tina Vanasse remarked that Mr. Dodge would have the most to complain about living closer to the project than the other abutters.
Andrew Plummer asked if once an easement is in place is it set in stone. Brandon stated that in the wording of the public easement there is a statement that reads “…permission shall continue until revoked by me (the person granting the easement) by providing written notice to the Board of Selectmen…” This implies that the easement can be revoked. Brandon then read the whole statement. “Notwithstanding the foregoing in the event that a court or competent jurisdiction determines that no public easement exists in the road, I hereby grant permission to the public to travel the road (same conditions), permission shall continue until revoked by me (the person granting the easement) by providing written notice to the Board of Selectmen…” To revoke this easement you would first have to prove to a court that this easement does not exist, but every landowner signed the easement. Tina asked if the easement is revoked, will the town continue to plow the road. Brandon replied that if the easement is revoked the town will no longer plow the road. Paul White stated that if the public easement is revoked it still might not affect the applicant if he has private rights to access the property. Paul would like to know when the original Woodland Road was built, and when the road was extended. Barbara Cutting specified that the road originally was designed as a ten foot logging road.
Phil Lowe mentioned that he searched Sebago’s ordinances for what they say about gravel pits, he didn’t find a whole lot. He submitted a set of draft ordinances from the Maine Aggregates Association, 17 pages long, that addresses gravel pits and quarries.
Tina Vanasse suggested making a motion to table the topic until more information can be gathered and another site walk can be conducted. Paul White agreed that another site walk should be done. The applicant should also produce a statement and the proof of how his access to the lots work, which would be in the applicant’s deed.
Phil Lowe asked that at the next meeting the applicant provide a large scale plot plan with the dimensions of the gravel pit for everyone in the audience to see.
Jeff Cutting asked about the procedures concerning postings of meetings. His parents aren’t abutters but are affected by the project and were never notified. He also stated that the public hearing notice was not posted until the Thursday before the meeting. Paul White reiterated that they are not abutters and would not be notified. Tina asked Desirae Bachelder how people are notified in town. Desirae explained that the abutters are notified by certified mail of the public hearing (due to tonight’s multiple public hearings it was highlighted in this case) that they are an abutter to the proposed project. The public hearing notice (listing three public hearings) was posted around town: at the Town Office, Jordan’s Store, the Post Office, Krista’s Four Seasons, and two at the Transfer Station. It was also on the board at the Veteran’s Park and the agenda was posted on the Town’s website.
Paul White asked if the Board members would be available for a site walk Saturday, December 15, 2018 at 8:00 am. Andrew Plummer mentioned that the weather is not looking good for Saturday. Dick Perry stated that he would be in Las Vegas and unable to attend the site walk. Paul suggested changing the site walk to Sunday, December 16, 2018 at 8:00 am. The rest of the board was in agreement.
Paul White closed the Public Hearing at 8:38 p.m.
Paul White called the regular meeting to order at 8:39 p.m.
V. Correspondence
Desirae Bachelder advised the Board that Dick Perry who was absent from the last meeting held on November 13, 2018 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 all of tonight’s agenda items. 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 all of the proposed projects.
VI. Open to Public Questions
There were no questions from the public at this time.
VII. Review of Minutes (November 13, 2018)
Dick Perry made a motion to approve the minutes from November 13, 2018 as presented. It was seconded by Tina Vanasse. Motion carried with all in favor.
VIII. Old Business
a. Site Plan Review – Proposed Use of Property is for a Bed & Breakfast (Twin Hearts Farm LLC) – (Property owned by Joanne Chessey) – (178 Hancock Pond Rd) – Map 14, Lot 7
There were no questions from the Board for Ms. Chessey. Paul White asked Brandon if the application is complete and if there is anything else needed to approve this application. Brandon verified that the application is complete and that the applicant has procured all of the permits required by the Board and the State of Maine, and they have passed all of the inspections.
Tina Vanasse made a motion to accept the project as presented and allow them to move forward. It was seconded by Andrew Plummer. Motion carried with all in favor.
b. Site Plan Review – Proposed Use of Property is for an Event Venue/ Rental Hall (The Barn at Autumn Lane) – (Property owned by Daniel & Mackenzie Bowe) – (13 Autumn Lane) – Map 4, Lot 14
Paul White explained that this phase of the application is to approve the event venue/rental hall which includes the new bathhouse, and the next phase, which will be addressed in the future for the addition of the cabins.
Tina Vanasse asked how Mr. and Mrs. Bowe were progressing with the procurement of the property with the cottage and beach access. Mr. Bowe replied that they had closed on the cottage across the street recently. Andrew Plummer asked if the beach will be public or private. Mr. Bowe asserted that the beach will be private, and highly restricted for wedding photos only. There will be no wild parties on the beach.
Dick Perry expressed his compliments to Ms. Chessey and Mr. and Mrs. Bowe on the work they have completed so far.
Andrew Plummer made a motion to approve the application as presented. It was seconded by Jim Jansz. Motion carried with all in favor
.
c. 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 Board further discussed what is needed before the next meeting. Paul White would like the plot plan with the right-of-way drawn out. Jim Jansz would like each Board member to review Ms. Howard’s questions that she read in her statement and be prepared to discuss them. Property values, noise and safety concerns are all factors that need further review.
Paul White asked if anyone knew when the subdivision of Map 4, Lots 9A-9F occurred. Brandon explained that there was no subdivision; it is a series of splits done over many years. He also stated that in the past the right-of-way road width was 22 feet.
d. CEO Updates
Nothing reported.
e. Goal Setting Items
1. Voting Matrix (finalizing process)
Nothing reported.
2. Review of Application Processing Documents
Nothing reported.
IX. New Business
There was no new business.
X. Adjournment
Tina Vanasse made a motion to adjourn the public meeting at 8:48 p.m. and open a workshop meeting. It was seconded by Dick Perry. Motion carried with all in favor.
Respectfully Submitted,
Desirae Bachelder
Administrative Assistant/Deputy Clerk