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May 10, 2017
May 01, 2017

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, April 11, 2017

Members in attendance: Roger Allaire (Chairman), Maggie Moody (Vice Chair), Madge Baker, Roland Legere, Alternate Steve Foglio, as well as Barbara Felong (Secretary). Code Enforcement Officer Steven McDonough was also in attendance. Alternate Ann Harris was unable to attend.

The Planning Board members want to take a moment to thank Diane Srebnick for her many years of service on the board. Due to family obligations, Diane has had to step down from the board. Diane has always been a great asset to the board, bringing her passion for keeping the lakes clean, along with her diligence to uphold the ordinances set forth by the citizens of Shapleigh, even at times when it was difficult. Diane will certainly be missed by board members and townspeople alike. Thank you Diane for all you have done.

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The planning board meeting started at 7:30 p.m.

The minutes from Tuesday March 28, 2017 were accepted as read.

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Conditional Use Permit – Earth Moving in the Shoreland District to Re-Direct Stormwater at the Town Beach on Square Pond – Map 35, Lot 43 (Indian Village Road) – Town Forest Trustee Nathan Gallant, Applicant; Town of Shapleigh, Property Owner

Mr. Nathan Gallant, Rosanne Chessie and her son Robert were present to discuss an Eagle Scott project to put into place measures to re-direct stormwater on site. Mr. Gallant is a member of the Town Forest Committee in Shapleigh. Contractor Caleb Chessie, who would work on the project, was also present.

Along with the application, board members received a copy of part of Tax 35 which depicted Lot 43. Also depicted on this document was the location of the road in to the beach area, the existing outhouse, the area where earth moving will take place, the location of the 8’ x 4’ deep sump hole to be created for stormwater mitigation and the 75 foot setback to the high water mark. In addition, pictures of the proposed location were received, depicting the area the sump hole would be located.

Also presented was an email from Mr. Gallant dated 4/7/17, to Jennifer Harris at the Maine DEP, which noted that all excavation for this project would be beyond the 75 foot setback to the water and that a drawing of the proposed project would be mailed to the DEP as well. An email from Ms. Harris to Mr. Gallant, dated 4/10/17, stated that because the project was greater than 75 feet from the high water mark, the project was exempt from permitting requirements under the Natural Resources Protection Act, but she acknowledged further permitting from the town should be obtained.

At an informal discussion at the March 28th Planning Board meeting, Robert Chessie stated that he was an Eagle Scout (Boy Scouts of America) and wanted to do a project at the Town Beach Parking Lot on Square Pond (corner of Cedar Drive and Indian Village Road) to mitigate an existing stormwater issue. He proposed moving the stormwater that collected on site into a sump, instead of it sitting on the lower side of the parking lot where everyone has to walk thru it. Mr. Gallant also spoke about the project and that the Town Forest Committee was in favor of it.

Mr. Gallant began this evening’s discussion by stating that he had mailed the planning board information which included a location map and the plan was drawn on the map. Board member reviewed the map that was received. Page 1 of 8

Shapleigh Planning Board Minutes – April 11, 2017 Page 2 of 8

Steve F. asked what was taking place? Mr. Gallant said on the existing parking area, measuring 30’ x 150’, soil is being excavated from the area and new gravel is being brought in. In addition, a new sump hole is being created; the area will be pitched toward the sump hole for rainwater to go in that direction instead of toward the beach and the lake. He said they were not moving the position of the driveway, and they were not changing the size of the driveway or parking area. Roland L. asked how much material would be taken off-site? Caleb Chessie stated he was not sure but approximately 60 yards would be taken out and brought in. Mr. Gallant noted that this did not include the material, rip rap, for the sump hole.

Mr. Gallant showed board members how the area would be pitched and discussed how there wasn’t going to be a great change in pitch, they just wanted to direct the water to the sump hole. Madge B. agreed, and added that they were only trying to keep the water from puddling on site. Mr. Gallant said, yes.

Mr. Gallant spoke of the plan and showed where the 75 foot mark to the water was on the plan. He said the closest corner of the driveway to the high water line was at 76 feet. He noted the correspondence from the DEP and the fact they were beyond 75 feet, so additional DEP permitting was not warranted.

Steve F. said that basically they were pitching the water along a swale toward a catch basin, toward a hole in the ground that would be filled with rip rap. Mr. Gallant said, yes. Steve asked if there would need to be maintenance, or would it be good for 20 years as is? Mr. Chessie didn’t think there would be an issue with sediment the way they were creating it. Madge B. agreed, saying there was not a lot of sediment on site. Mr. Gallant said that there was a natural low spot next to the hole, so it was a perfect spot.

Roland L. asked, because of public use, would there be something that would prevent a child playing from falling into the hole? Mr. Chessie did not believe the area would be that dramatic. Steve F. asked if it was going to be 8 feet across? Mr. Chessie said yes and four feet deep but it would be a gradual taper down. Roland just wanted to be sure this would not be a hazard. Mr. Gallant said there were two sump holes in existence now, on either side of Indian Village Road, that were very similar to what they were creating and there has been no issue with them.

CEO McDonough asked if there was going to be a mulch berm? Mr. Chessie said, yes. CEO Mcdonough asked if it would be along the parking lot line? Mr. Gallant thought it would be along the 75 foot mark. CEO Mcdonough asked if it would be left in place? He thought it would be best to leave the mulch in place for erosion control. Mr. Gallant said there was a large berm there now. They would add to this for about one-third of the parking lot and then continue the berm line down toward the sump hole and on into the woods. He said they could disperse the mulch when done, as there is mulch there now.

Mr. Gallant asked if they needed to add a silt fence as well? Mr. Chessie said, no, the bark mulch will work. CEO McDonough agreed that the DEP thought the erosion control mulch worked well. Madge B. said the mulch has worked well at the beach. Children run around on it and the ground doesn’t get dug up.

Roger A. asked where the soil would be going that they are removing? Mr. Chessie was not sure. Roger noted that he could take the soil to town property as it is coming from town property, but if it goes to a private location in town, they will need a Conditional Use Permit to accept it. Roger said the board will need to know where it was going for the next meeting.

Roger A. said the board would also need when the project is going to get started, approximately, and when they believed the project would be completed. For example, it will begin in May and be completed by July 1, 2017. An exact day to begin is not necessary.

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

Shapleigh Planning Board Minutes – April 11, 2017 Page 3 of 8

Roger A. said a notice to abutters will be mailed and a Public Hearing will be held because it is town owned property. The Public Hearing will be held at 7:00 p.m. on April 25th, prior to the next meeting. Members agreed to do a site inspection on an individual basis.

Ms. Chessie stated they had to propose this to the Eagle review board, and get the Planning Board approval, DEP, and then line up everyone involved on the project. She said the goal was to have this finished by the time swimming season begins. Madge B. said that this is why she said a finish date such as July 1, as this gives them time to complete the project. She didn’t want them to have to come back to the board to extend the date.

Nothing further was discussed.

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Conditional Use Permit – Food Wagon – Map 3, Lot 14 (20 Emery Mills Road) – York County Shelter Programs, Inc., Applicant; Holdsworth Heirs, Property Owners

The applicants were not present this evening for the application. They had notified Barbara in the afternoon that they had to contact the property owners for written permission and had not been able to do so to date.

Roger A. reviewed the application and noted they were placing the wagon / business in the Shoreland District, within 250 feet of the high water mark, and that was not allowed in the ordinance. Members noted the lot was large enough that if they could move the wagon on the other side of the parking area, it might work. Barbara F. will email the applicant and tell them of this development and see if they still intend to proceed.

Nothing further was discussed.

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After-the-Fact Conditional Use Permit – Replace Retaining Wall – Map 27, Lot 11A (104 16th Street) – James Power, Applicant

Mr. Power was not present, as the board had told his daughter, Tara Gilbert, at the last meeting it was not necessary. They would conclude the conditions of permit after they were able to do a site inspection.

Roland L. began the conversation stating that he had done a site inspection recently, as requested by board members, and there were 19” of water on the front of the wall. Madge B. stated she went as well and saw the same situation. Roland said there was 45 to 46 inches from the top of the wall to the bottom. He believed for half the length of the wall, about 16 feet of it the top course is unsecured railroad ties. He noted there were also railroad ties in the water. Barbara F. said that at a previous meeting Ms. Gilbert had stated they pulled some of the railroad ties out of the water and stuck them on top of the wall. She thought it was only a temporary situation. Madge didn’t think it was in the area of the new wall. Roland said it continues the line they started. Madge said she saw it but didn’t think it was on the new wall.

Roland L. stated that on the back side of the wall, the only place that there is significant amount of excavation, the water level is already at the lake level. He said, therefore, there is already water on the backside of the wall. He said the reference they made to rebar in the wall, he only saw what he thought was 5/16 or 3/8 inch…a hex head they drilled thru intermittently. He said that perhaps there was rebar through where he could not see but the top course is just secured with what appeared to be a thin wire. He said it was 3/8 tops.

Roland L. asked if the adjacent property was part of the wall, because at the top of the driveway were 12 new

Shapleigh Planning Board Minutes – April 11, 2017 Page 4 of 8

railroad ties, full length, as well as a couple of partial pieces. He wasn’t sure if it was two separate operations or not. He said it appeared it may have been built by the same person. Madge B. noted that they need to continue the wall. Roland agreed but not with railroad ties.

Roland L. said there were several trees cut as well. CEO McDonough said the trees were permitted.

Steve F. asked how much construction say does the board have for a wall under four feet in height? CEO McDonough stated, not much. He said there was nothing specifically in the building code that pertained to retaining walls. He thought the best he could do was the American Wood Council, they may have some recommended guidelines but he was not sure. He said he uses them for deck recommendations. Steve said, if it was haphazardly built there isn’t much the board can do about it. CEO McDonough stated that when they get a permit for it, he reviews the plan and makes recommendations based on what he sees typically. He added that he does have the authority to ask for an engineer’s stamp. CEO McDonough said that this wall may not be the best but if they put a fair amount of stone and fabric it will stay up. CEO McDonough spoke of several walls with DEP approval that were not built as well as this one in the vicinity. He stated that they did not come before the board because there was no earth moving involved.

Madge B. believed this wall was better than what existed. Roland L. agreed but had they spoken with CEO McDonough first, with his guidance it would have been better than what is there now. Madge agreed. Madge said there was more to do and hoped it would be done better. Roland noted that there was a lot of hand work to be done now.

As an aside, Roland L. wanted the board to know that they may be seeing a permit from the Dam Coalition because they intend to cut a road in to the dam on Mousam Lake for work that needs to be done. He noted he shared the information about the permitting process with them, as he is on the Dam Committee. He said it was the Town of Sanford who was in charge of the dam repair and they were confident of getting a grant for $100,000 to be able to do the work. Roland said the new road would come in off the Lebanon Road. Madge B. agreed a road would need to be cut in. Roland again wanted to give the board a heads up that there should be an application coming forward.

Roger A., getting back to the Power application, stated that in §105-20 ‘Applicability of standards; prohibited uses’, the board has the ability to make certain the wall is built in such a way that no harm will come to the environment or neighboring property. Roger read the ordinance to members.

CEO McDonough agreed the board has the authority to come up with substantial reasons why the wall is not built in a safe manner. He noted the board cannot just say ‘they didn’t think so in their opinion’. There had to be a concrete reason. CEO McDonough said this section can be applied to every Conditional Use. Roger A. agreed.

Madge B. asked if the board was just going to approve the section that was already built and she wanted to know if the board needed to know any more information before approving the application? How they will put the cloth and backfill in? Roger A. said the board will tell them what they need to do. Barbara F. stated that at the last meeting, the board deferred the backfill question to CEO McDonough and told the applicants they needn’t bring more information that they had to do the backfilling according to what CEO McDonough tells them during the permitting process. They agreed to do this, which is why they are not at the meeting this evening.

Madge B. thought the Conditional Use Permit could be approved and then they go to the CEO McDonough for a building permit.

Shapleigh Planning Board Minutes – April 11, 2017 Page 5 of 8

CEO McDonough said the Planning Board can approve this evening but there needs to be a condition that a minimum of one foot of crushed stone be placed behind the new wall, along with filter fabric. Board members agreed.

Roland L. also wanted to be certain the railroad ties get removed from the water and on top of wall as well. The railroad ties need to be removed from the 305 foot wall that has been replaced entirely. Board members agreed.

Roger A. stated the conditions of approval would be as follows:

1. The applicant shall remove the railroad ties that are in the water and on top of the new pressure treated wall as soon as possible. Railroad ties shall not be brought to the Shapleigh Transfer Station (If you are unsure of where to bring them, you may ask the Code Enforcement Officer during the permitting process.) The replacement wall shall consist of new pressure treated wood only.

2. A building permit must be obtained from the Code Enforcement Officer for the replaced retaining wall.

3. The replaced wall shall have earth excavated from behind it, so that one foot of stone can be placed between the wall and earth. Filter fabric shall be placed between the earth and the stone.

4. The project, including any revegetation and erosion control mulch shall be completed by July 31, 2017.

5. There shall be no new construction without a building permit.

Madge B. made the motion to approve the After-the-Fact Conditional Use Permit to replace approximately 30 feet of wall, less than four feet in height, on Map 27, Lot 11A, with five conditions. Steve F. 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 27, Lot 11A (104 16th Street), are Sandra S. & James P. Power, Trustees, of 18 Loring Ave, Salem, MA 01970.

2. The property is located in the Shoreland District and according to the assessor contains .7 acres.

3. The applicants are before the board for an after-the-fact Conditional Use Permit to replace part of the existing retaining wall for a length of approximately 30 feet.

4. Received on December 13, 2016 was written permission giving Tara Gilbert authority to act on Mr. Power’s behalf; pictures of the existing wall, including the partial replacement; a diagram showing the lot which included the existing house, cottage, shed, leach field location, stairs to the water, and retaining wall length and height; and a copy of the Permit by Rule mailed to the DEP on 11/30/16, along with attachments.

Shapleigh Planning Board Minutes – April 11, 2017 Page 6 of 8

5. Received on February 28, 2017 was a copy of a sketch plan for the wall which included showing the location of a silt fence, where erosion control mulch would be placed, and that gravel backfill would be added behind the wall. A copy of the information provided by the DEP on how to put in a silt fence and what type of mulch would work best, was also provided.

6. The board reviewed §105-39.D ‘Earthmoving in the Shoreland District’ and members concurred the application met all the standards imposed with conditions.

7. The board reviewed Zoning Ordinance §105-73, Section G, ‘Standards applicable to conditional uses’ and concurred the application and information as presented met the performance standards in this chapter with conditions.

8. Meetings were held on December 13, 2016, February 28, 2017 and April 11, 2017. Members did a site inspection on an individual basis for this site. A notice was mailed to all abutters within 500 feet of the property on March 29 2017.

9. The conditions of permit are as follows:

1. The applicant shall remove the railroad ties that are in the water and on top of the new pressure treated wall as soon as possible. Railroad ties shall not be brought to the Shapleigh Transfer Station (If you are unsure of where to bring them, you may ask the Code Enforcement Officer during the permitting process.) The replacement wall shall consist of new pressure treated wood only.

2. A building permit must be obtained from the Code Enforcement Officer for the replaced retaining wall.

3. The replaced wall shall have earth excavated from behind it, so that one foot of stone can be placed between the wall and earth. Filter fabric shall be placed between the earth and the stone.

4. The project, including any revegetation and erosion control mulch shall be completed by July 31, 2017.

5. There shall be no new construction / replacement without a building permit.

10. The Planning Board unanimously agreed to approve the after-the-fact Conditional Use Permit to replace approximately 30 feet of retaining wall less than 4 feet in height, per the plans presented, with five conditions, to be located on Map 27, Lot 11A.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of the Zoning Ordinance §105-39.D ‘Earthmoving in the Shoreland District’ and §105-73, Section G, ‘Standards applicable to conditional uses’ a motion was made on Tuesday, April 11, 2017, to approve the after-the-fact Conditional Use Permit to replace approximately 30 feet of retaining wall less than four feet in height, located on Map 27, Lot 11A, with five conditions, per the plans provided.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the after-the-fact Conditional Use Permit to replace approximately 30 feet of retaining wall less than four feet in height, located on Map 27, Lot 11A, per the plans provided with five conditions was accepted.

Shapleigh Planning Board Minutes – April 11, 2017 Page 7 of 8

Decision:

The after-the-fact Conditional Use Permit to replace approximately 30 feet of retaining wall less than four feet in height, on Map 27, Lot 11A per the plans provided with five conditions was approved.

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OTHER:

Proposed Ordinance Changes:

The following proposed ordinance changes were discussed. They will be re-reviewed and a public hearing held in the fall.

Proposed Addition to §105-17

LAND USES

RURAL RP SD GP FD SP

Agricultural, commercial CU CU YES YES CU

gardening4

Seasonal sale of produce and

plants raised:

Off Premises4 NO CU CU CU CU

On the Premises4 NO CU YES CU CU

4Marijuana is neither considered an agricultural crop nor commercial gardening. Marijuana is not considered a seasonal produce or plant. Any ‘for profit’ conduct pursuant to the Maine Medical Use of Marijuana Act, 22-M.R.S.A. c.558-C requires a Conditional Use Permit. All retail conduct is prohibited.

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Proposed Amendment to §105-4.D(7)(b)[1][a]

Trees removed in order to relocate a structure must be replanted with at least one native tree, six feet in height, measured from the base of the trunk to the top of the tree, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Trees shall be planted greater than five feet from side lot lines, and shall create a ‘well distributed’ stand of trees.

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Growth Permits

Map 12, Lot 22-2 (Newfield Road) – New Home

The board reviewed Lot 22-2 and it meets the criteria for a legal building lot in Shapleigh.

GP #01-17 was assigned.

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Shapleigh Planning Board Minutes – April 11, 2017 Page 8 of 8

The Planning Board meeting ended at 8:15 p.m.

The next meeting will be held Tuesday, April 25, 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