June 25, 2017  6:24 AM 
May 01, 2017
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May 10, 2017
May 01, 2017

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, March 28, 2017

Members in attendance: Roger Allaire (Chairman), Maggie Moody (Vice Chair), Roland Legere, Alternate Ann Harris, Alternate Steve Foglio, as well as Barbara Felong (Secretary). Code Enforcement Officer Steven McDonough was also in attendance. Members Diane Srebnick and Madge Baker were unable to attend. Note: Alternates Ann Harris and Steve Foglio sat in as regular members this evening.

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The planning board meeting started at 6:30 p.m.

The minutes from Tuesday March 14, 2017 were accepted as read.

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Best Possible Location – Replace Foundation & Septic – Map 17, Lot 26 (108 30th Street) – Roland & Carol Cote, Applicants

Mr. Cote was present for the review of the application.

At the initial review meeting for this application, provided was a copy of the application, a copy of a portion of Tax Map 17 highlighting the location of their lot; a portion of a survey plan depicting the location of the existing 1 ¼ story camp and attached stairs in relation to the lot lines, 30th Street and high water mark; the survey also noted the location of an existing retaining wall, trees, proposed leach bed, location of the 50 and 75 foot setbacks to the road, location of the 100 foot setback to the high water mark and elevation markers for the lot. A copy of the Subsurface Wastewater Disposal System Variance Request and Disposal System Application were received, dated 3-24-16, drafted by Kenneth Gardner, SE #73.

The application description for the project reads as follows: Excavate dilapidated foundation & pilings – replace with poured concrete footings & foundation – remove septic holding tank, create septic system per submitted application. Additional project description was provided from Roland Cote, dated December 13, 2016 which reads as follows: We would like to raise the camp 14 feet + or – to remove deteriorating foundation and replace with a new poured foundation and position the camp back on its original position approximately 1 foot higher than it is now. We are also asking for a permit to install a new septic system as there is no septic system present. We may need to remove trees near to the foundation to eliminate weakening of root structure of marked trees. There may be a need to remove several trees to allow installation of the septic system. All trees in question are marked with yellow tape and marked on attached print. Trees would be removed only if necessary. We will replace all trees with ones that are required and will lay down the necessary gravel / mulch etc. to stop any erosion. Raising of camp will be done by Chase Building Movers from Wells, Maine. Foundation work to be done by Raymond Pelletier. Excavation and Septic System to be installed by Peter Payeur.

On March 14, 2017, Mr. Cote provided board members with a new replanting plan, showing the trees to be cut and where the new ones will go; a letter from Springvale Nurseries speaking about the revegetation plan, and the distances from the existing structure to the side lot lines, as requested at the previous meeting.

Roger read the letter from Springvale Nurseries in part as follows:

The existing camp is to be moved back from the lake and the house is to be re-orientated slightly with respect to the lake front. The distance moved will be approximately three and one-half feet on one

Page 1 of 8

Shapleigh Planning Board Minutes 3-28-17 Page 2 of 8

corner and approximately eight and one-half feet on the other corner, to accommodate the foundation

work and install a new septic and leach bed. Sixteen trees must be removed, 13 hemlocks and 3 birch are being removed, ranking in size from 10 inches in diameter to 14 inch diameter. Replacement trees will be planted at a similar distance from the shoreline as those being removed. Since more than six trees are being removed, three different species are required for replanting. The proposed plan shows these species as 2 red maple, 5 white pine and 9 hemlock. The trees will be approximately six feet tall. Roger noted that the trees have to be greater than six feet tall. Additionally 8 to 12 cubic yards of erosion control mulch will be spread over the disturbed area. Silt fencing shall be utilized along the shoreline while construction and planting are being done.

On March 14, 2017 the board reviewed the information received, §105-4.D(7) ‘Relocation’ discussing the fact there would be a walk-out basement, which included the issue of sill height. CEO McDonough noted that if they were going to create a walk-out basement, the board needed to know what was going to happen between the walkout and the water, how much of an area would be disturbed and what would be done with respect to erosion control and revegetation. He stated that it has to be on the plan. The contractor, Mr. Plante, stated that he would go to the site and shoot elevations and then decide exactly how to proceed. The board decided to give the vegetation plan back to Mr. Cote, so when Mr. Plante and Mr. Cote decided what would take place between the camp and the water, they could put it on the plan.

Based on this, on March 14, 2017, the board agreed to table the application until further information could be provided. A new vegetation plan was required, along with exactly what would take place between the house and the water; how much area will be disturbed and how it will be taken care of to prevent erosion.

Roger A. opened tonight’s meeting by asking Mr. Cote to tell the board what information he had this evening. Mr. Cote began by stating that CEO McDonough and Contractor William Plante met on site to look at the camp and the location. He said, “Billy (Mr. Plante) lasered the sill of the camp and referenced a nail into a tree for the height that he has to go down to dig for the foundation, and the retaining wall is not going to get jeopardized because we don’t have to go any lower with the retaining wall. So it is not going to get dug up.” He also noted that on the right hand corner, since nothing will get jeopardized there, he limited the tree cutting from the original 16 to 13 having to be cut. He provided the board with a new revegetation plan with respect to the trees. Five of the trees to be removed would be closer to the water than the existing trees are now. The existing and replacement trees were shown on the plan. The type of trees were also listed on the plan, which included 5 Pinnus Strobus (white pine), 6 Tsuga Canadensis (hemlock) and 2 Acer Rebrum (red maple).

Mrs. Harris, whose parents owned the neighboring property, stated she had gone to the site and there were 15 trees marked for removal. She asked if that had changed? Mr. Cote said, “Yes, today. Two were unmarked.”

Barbara F. noted that at the last meeting the board gave Mr. Cote back all his information, which included the plan showing the side setbacks for the camp. She noticed that Mr. Cote hadn’t returned the plan this evening and the board needed a copy for the file and she needed the measurements for the Findings of Facts of the approval. Mr. Cote stated he would email her a copy as soon as he got home.

Mr. Cote stated that CEO McDonough, after the site visit, appeared to be ok with what was going to take place. CEO McDonough stated that based on the location of the existing four foot wall, the elevation is perfect for what they want to do. They will not have to keep excavating toward the lake to get the results they need for the walkout. Roger A. noted that that was one of the reasons the board asked them to move the camp back slightly to preserve the four foot wall.

Shapleigh Planning Board Minutes 3-28-17 Page 3 of 8

Roland L. stated he had a chance to go to the site and he believed everything presented to the board appeared to be as depicted on the plan and as they had been told.

Mrs. Harris said she was disappointed she wasn’t notified when they were going to the site. She said Mr. Harris had asked to be notified at the last meeting. Mr. Cote said he didn’t know when they were going, the decision was made by Mr. Plante at the last minute. Mr. Cote asked if Mr. Harris asked Mr. Plante to call him. Mrs. Harris believed they did discuss that at the meeting but noted she was not present at the meeting. Ann H. didn’t remember hearing it. CEO McDonough did not recall either. Mr. Cote thought perhaps they talked outside? Mrs. Harris said Mr. Harris said it was during the meeting. Barbara F. stated she didn’t hear it but at times more than one conversation is going on at the same time.

Roger A. reviewed Zoning Ordinance §105-4, ‘Nonconformance’, specifically § 105-4.D(3) ‘Foundations’ and § 105-4.D(7) ‘Relocation’. Roger noted that a State approved septic system shall be going in and the board did receive a replanting schedule for the trees to be removed. The tree plan meets the requirements in the ordinance. Roger also noted that the approved plan shall require confirmation in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Mrs. Harris asked if the board had a copy of the plan where the trees would be replanted? Roger A. stated, “Yes, we have a copy of it.” Roger noted that the amount of trees to be removed went from 16 to 13. Mrs. Harris said that would leave about nine trees on site. Ann H. noted that the trees will have to be replaced. Mrs. Harris understood this but there would not be the same canopy coverage. Roger said he understood but the plan meets the criteria is the ordinance. CEO McDonough agreed with Mrs. Harris’s concern with canopy coverage but it was necessary to remove the trees in order to put the foundation in and the new septic system.

Mrs. Harris stated that her concern was that the trees not be planted on the property line. Mr. Cote showed her the plan and the trees near the water were not right on the property line. She wanted to be sure that they were five feet off the property line because they will get bigger and the branches will cross over the property line. Roger A. noted that the board had Mr. Cote change the location of several of the trees that were on the property line, those were moved down toward the water. The board didn’t want them lined up along the property either and noted again the new location.

Mrs. Harris asked if the height of the structure was going to change? CEO McDonough said the elevation stays the same. Mrs. Harris asked if the ‘peak’ stayed the same? CEO McDonough said, “Correct.” Roger A. agreed and in order to get the daylight basement they had to do the site inspection to see if additional area would be disturbed because they could not raise the height of the structure. But after the site inspection, shooting the elevations, everything will be fine where it stands now.

Roger A. said the ground would be covered with wood chips. Mr. Cote said they would use stump grindings and erosion control mulch for all the disturbed areas. He said it would be done as previously stated by Springvale Nurseries.

Roland L. asked if the applicant had a date that the project would be completed. Mr. Cote wasn’t sure as he didn’t know how long it would take to put the foundation in. Roland said he could set a date of September 2017, he was not pressuring him. Roger A. asked if September 15, 2017 would work? Mr. Cote believed it would. He asked if anything changed what should he do? Barbara F. said he could contact CEO McDonough.

Roger A. asked if there were any further questions? There were none.

Shapleigh Planning Board Minutes 3-28-17 Page 4 of 8

The conditions of the approval are as follows:

  1. The project, including the revegetation plan and placing erosion control mulch to stabilize the area shall be completed by September 15, 2017. If this date cannot be accomplished the applicant must contact the Code Enforcement Office.
  2. The camp shall be relocated per the plan submitted, moving it 6.5 feet back from the high water mark at its closest point to Mousam Lake, making it more centered on the property.
  3. The camp shall have established lot line measurements to the side lot lines as per the final plan presented, those being 13.7 feet and 11.4 feet to the lot line abutting Map 17, Lot 27 and 13 feet and 12.2 feet to the lot line abutting Map 17, Lot 25.
  4. No work shall begin without a building permit through the Code Enforcement Office.
  5. The approved plan shall be confirmed in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Roland L. made the motion to approve the Best Possible Location to replace the existing foundation and put in a new septic system on Tax Map 17, Lot 26, per the plans provided with conditions. Maggie M. 2nd the motion. All members were in favor. By a vote of 5 – 0, the vote to approve was unanimous.

Nothing further was discussed.

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The Findings of Facts

1. The owners of Shapleigh Tax Map 17, Lot 26 (108 30th Street), are Roland and Carol Cote of 381 Oak Street, Sanford, Maine 04073

2. The property is located in the Shoreland District and according to the assessor contains 0.2 acres.

3. The applicants are before the board for a Best Possible Location to replace the existing foundation and put in a new State approved septic system.

4. Received was a copy of a portion of Tax Map 17 highlighting the location of the lot; pictures of the existing camp, a portion of a survey plan depicting the location of the existing 1 ¼ story camp and attached stairs in relation to the lot lines, 30th Street and high water mark; the survey also noted the location of an existing retaining wall, trees, proposed leach bed, location of the 50 and 75 foot setbacks to the road, location of the 100 foot setback to the high water mark and elevation markers for the lot.

5. Received was a copy of the Subsurface Wastewater Disposal System Variance Request granted by Shapleigh Code Enforcement on 3/5/2016 and Subsurface Waste Water Disposal System Application dated 3/24/16, drafted by Kenneth Gardner, SE #73.

6. Received was a copy of the NRPA Permit by Rule Notification Form, with proposed project details, dated as approved by MDEP on 1/25/17; an updated survey plan which showed that the camp shall have established lot line measurements to the side lot lines as follows: 13.7 feet and 11.4 feet to the lot line abutting Map 17, Lot 27 and 13 feet and 12.2 feet to the lot line abutting Map 17, Lot 25. A revegetation plan was also provided which showed the location of 13 trees to be removed, where the replacement trees shall be located and what type of trees shall be used. The point of the camp closest to the water at present will be moved back 6.5 feet from its original location making the camp more evenly centered between the lot lines.

Shapleigh Planning Board Minutes 3-28-17 Page 5 of 8

7. The board reviewed Zoning Ordinance §105-4, ‘Nonconformance’, specifically § 105-4.D(3) ‘Foundations’ and § 105-4.D(7) ‘Relocation’ and concurred the application and information as presented met the standards applicable in this chapter.

8. A notice was mailed to all abutters within 500 feet of the property on December 28, 2016. Meetings were held on December 27, 2016, January 17, 2017, January 24, 2017, March 14, 2017, and March 28, 2017.

9. The Planning Board unanimously agreed to approve the Best Possible Location to replace the existing foundation and septic system, relocating the camp on Tax Map 17, Lot 26 with five conditions.

10. The conditions of the approval are as follows:

  1. The project, including the revegetation plan and placing erosion control mulch to stabilize the area shall be completed by September 15, 2017. If this date cannot be accomplished the applicant must contact the Code Enforcement Office.
  2. The camp shall be relocated per the plan submitted, moving it 6.5 feet back from the high water mark at its closest point to Mousam Lake, making it more centered on the property.
  3. The camp shall have established lot line measurements to the side lot lines as per the final plan presented, those being 13.7 feet and 11.4 feet to the lot line abutting Map 17, Lot 27 and 13 feet and 12.2 feet to the lot line abutting Map 17, Lot 25.
  4. No work shall begin without a building permit through the Code Enforcement Office.
  5. The approved plan shall be confirmed in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of Zoning Ordinance §105-4, ‘Nonconformance’, specifically § 105-4.D(3) ‘Foundations’ and § 105-4.D(7) ‘Relocation’ a motion was made to approve the relocation of the existing structure and the placement of a new State approved septic system on Map 17, Lot 26, per the plans provided with five conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Best Possible Location application for the relocation of the existing structure and the placement of a new State approved septic system on Map 17, Lot 26 per the plans provided with five conditions, was accepted.

Decision:

The Best Possible Location application for the relocation of the existing structure and the placement of a new State approved septic system on Map 17, Lot 26, per the plans provided with five conditions, was approved.

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Other:

Information Requested from Nathan Gallant, Rosanne and Robert Chessie Regarding an Eagle Scout Project on the Town Beach on Square Pond

Shapleigh Planning Board Minutes 3-28-17 Page 6 of 8

Mr. Nathan Gallant, Rosanne Chessie and her son Robert were present to discuss an Eagle Scott project with the Planning Board to see what they would require. Mr. Gallant is a member of the Town Forest Committee in Shapleigh.

Roger A. asked how the board could help them. Robert Chessie began by stating that he wanted to speak with the board about his Eagle Scout project that he wanted to do at the Town Beach Parking Lot on Square Pond (corner of Cedar Drive and Indian Village Road). He wanted to fix it so water would drain off into a sump instead of sitting on the lower side of the parking lot where everyone has to walk thru it. He said that due to the fact they are moving greater than 10 yards of earth, he was told he needed Planning Board approval. Roger A. agreed.

Roger A. said the board would need the application which would state how much soil is being brought onto the site, where the drainage would be going to and how it will be constructed. Mrs. Chessie said, “He can’t submit it, doesn’t it have to come from the Town?” Roger agreed, saying because it was Town property.

Mr. Gallant, one of the Town Forest Trustee’s spoke. He said they had their meeting and gave Robert their blessing to be able to do the work. He said they believe it is in the best interest of the Town, and the beach, to have the work done. He thought it was also a great opportunity for Robert to do his Eagle Scout project here in Shapleigh. He said the Town Forest Committee will submit the application, along with the necessary information. He said because the Planning Board only meets by-monthly, his goal was to answer any questions the board might have this evening. And then they will fill out the paperwork to get it on the next agenda. He said if a site visit is required, hopefully there won’t be any snow. He added that they also have to get the blessing of the Boys Scouts of America to approve the project as well.

Mr. Gallant asked if there were any additional questions they could answer this evening? Roger A. said the board will need to know how the runoff will be handled, how the water will be directed to the settling basin, and how the settling basin will be created. The board would also need to know how many yards of earth will be moved. Roger said a DEP Permit may be required because of the proximity to the water. He said the project would either require a Permit by Rule or another permit, depending on how the DEP reviews the project. Roger said they will need pictures. Roger noted that typically the board asks for DEP approval first, because the DEP may put conditions on their approval that the board will need to look at. Roger said because it is Town property, there will be a public hearing for the project as well, this way members of the community can get answers and see exactly what will take place. Roger said the public hearing does not hold the project up.

Roger A. said the first meeting by the board is to get an overview of the project and review the information presented. Two weeks after that will be the public hearing and the site visit. Roger also stated that a notice to abutters will be mailed out after the first meeting, as this is a requirement for all applications. This must be done 10 days prior to the final review. He said at the second meeting the board will approve or deny or approve with conditions. Roger said the DEP Permit by Rule is a 14 day notification, if you do not hear from them within 14 days of submitting the paperwork, then the project has been approved as submitted.

Steve F. asked Mr. Gallant if he would go over the project details again? Mr. Gallant said over the years they have created a berm to stop any water from going into the lake. He said that has been done in a few spots and it has worked but the problem is it creates a puddle in the parking lot. He said even in the dry seasons, if you get a thunderstorm, the water stays there and creates a mess. He said the driveway itself hasn’t had anything done to it for a number of years. He said they did have Caleb Chessie look at the situation and he put together a few ideas that should be easy to accomplish. He believed it was a good idea.

Shapleigh Planning Board Minutes 3-28-17 Page 7 of 8

Roland L. asked if the plan was to keep the water on site, catch it and re-direct it? Mr. Gallant said at the entrance to the town beach they have created a sump hole and what they were proposing was installing something similar to that. It would be on Town land, to the right as you pull into the driveway. It is the lowest spot on the property.

Steve F. asked if they would be using backhoe’s and excavators, not shovels and rakes? CEO McDonough said, there would be 70 or 80 yards moved, so yes.

Mr. Gallant said with respect to Eagle Scout projects, this was very in-depth. Steve F. said it seems like it requires more paperwork than digging. Steve asked how far they were from the water? Mr. Gallant said, from the high water line, they were 52 feet. Steve asked if they would be cutting any trees? Mr. Gallant said, no.

The board members agreed the puddle is an issue, and many had experienced it. They thought the project was a good idea.

Mr. Gallant said they did some work in this location last year, fixing up the outhouse, doing pressure washing and painting. He hoped to finish the painting, retaining wall and benches this year. The fence and gate will also be replaced, therefore, the driveway is the last thing that needs to be done.

Steve F. asked where the application would be coming from? Roger A. stated, the Town Forest Committee. Steve asked if a fee was required? Roger said, no, it’s a Town project. Mr. Gallant said he would fill out the application with Robert and then the DEP needs to be notified. Roger said, yes, tell them what the scope of the project is. CEO McDonough gave Mrs. Chessie the contact number for the DEP.

Ann H. said it needed to be drawn out. Roger A. said, yes, the facts as to what will take place. Roger said if you need technical assistance you could contact York County Soils. CEO McDonough said they could provide technical assistance on what would work best. He noted they used to be free but now charge for their services, although they may not charge a town? He was not certain. Mr. Gallant said he might contact Betty Smith (Acton-Shapleigh Youth Conservation Corps). CEO McDonough thought that was an excellent idea. Ann also mentioned Springvale Nursery as a source.

Steve F. asked if there needed to be any plantings incorporated? Mr. Gallant stated that there have been a fair amount over the years. He said plantings and bark mulch have been added. They add it as required.

Steve F. noted the board meets the second and fourth Tuesday of every month. Mr. Gallant said they wanted to try to complete it before the beach was being used.

Nothing further was discussed.

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Growth Permits – There are growth permits available.

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The Planning Board meeting ended at 7:15 p.m.

Shapleigh Planning Board Minutes 3-28-17 Page 8 of 8

The next meeting will be held Tuesday, April 11, 2017 at 7:30 p.m. The Planning Board meets the 2nd and 4th Tuesday of each month unless it falls on a holiday or Election Day. Any scheduled public hearing takes place at 7:00 p.m. prior to the scheduled meeting. Also, should there be a cancellation due to a storm event, holiday or Election, the meeting will typically be held the following Wednesday, also at 6:30 p.m. Please contact the Land Use Secretary if there is a question in scheduling, 207-636-2844, x404.

NOTE: We are back to our summer schedule with the meetings beginning at 7:30 p.m. thru November 1st.

Respectively submitted,

Barbara Felong,

Land Use Secretary planningboard@shapleigh.net