November 17, 2017  9:38 PM 
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October 25, 2017
September 20, 2017
September 20, 2017

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, September 26, 2017

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

Alternate Ann Harris sat in as a regular member due to Madge Baker’s absence.

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Minutes are not verbatim, unless in quotes “”

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Public Hearing Began at 7:05 p.m.

Amendment to a Conditional Use Permit – Add 50’ x 150’ Storage Building – Map 1, Lot 24A (140 Deering Ridge Road) _Adex Properties, Shawn McLeod, Applicant

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

Roger A. began the public hearing by asking Mr. McLeod to explain what he wanted to do. Mr. McLeod stated that he wanted to put up a steel cold storage building that would be 50’ x 150’ in size.

Roger A. asked if it was going to be on gravel? Mr. McLeod stated, ‘Yup’. Roger said there will be no racks, this based on the last review. Mr. McLeod stated, “That is correct, the watercraft will be on trailers.” He added there will be no electricity in the building either.

Roger A. asked if the storage building would be for anything? Mr. McLeod stated, “More or less.” He said he was sticking mostly with watercraft, sticking with the current business, as well as some motorcycles. Roger asked if there would be any campers? Mr. McLeod stated that if the need arises he would store campers but he would prefer watercraft.

Roland L. asked if there would separate signage at the road, letting people know the storage building exists? Mr. McLeod said he had no plans for a sign. He asked if a sign could be on the building itself? Roger A. stated all signage was handled through the Code Enforcement Office, so he would have to speak with CEO McDonough with what he could or could not do.

Roger A. asked if there were any additional questions, and there were none. The public hearing for Mr. McLeod was closed.

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Conditional Use Permit – Open a Farm Bakery & Craft Business – Map 8, Lot 8A (353 Owl’s Nest Road) – Laurie Beth Fowler, Applicant

Mrs. Fowler was present for the review of the application, along with her husband Eric.

Roger A. asked Mrs. Fowler to let the board know what she wanted to do. Mrs. Fowler stated they wanted to put up a small shed on her property for a bakery, farm stand and craft store. She said they might also sell eggs as well. Roger A. asked what the size of the shed was? Mrs. Fowler stated, 10’ x 14’ or 10’ x 16.

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Roger A. asked about the type of crafts? Mrs. Fowler stated, “Candles, aprons, pillows, handmade stuff my daughter and I do.” Roland L. asked what type of heat source they would use? Mrs. Fowler stated they would be using an electric heater. Maggie M. asked if it would be open year round? Mrs. Fowler stated, “Yes.” Roger asked what the hours of operation would be? Mrs. Fowler stated, “I believe I put 6 a.m. to 8 p.m., Monday thru Sunday.”

Roland L. asked if it was going to be on the honor system or would somebody physically be there to take money? Mrs. Fowler said she would be there when it was open.

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

The public hearing closed at 7:11 p.m.

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The minutes from Tuesday, September 12, 2017 were accepted as read.

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

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Conditional Use Permit – Open a Farm Bakery & Craft Business – Map 8, Lot 8A (353 Owl’s Nest Road) – Laurie Beth Fowler, Applicant

Mrs. Fowler was present for the review of the application, along with her husband Eric.

Previously provided was a letter from Maine Site Evaluations LLC, dated September 22, 2016, which stated that the existing septic system was functioning properly; a Retail Food Inspection Report and a Food Processing Inspection Report from the ME Dept. of Agriculture, Conservation & Forestry, dated 11/8/16, which granted License #2-32071 to Lil’ Farm Bakery for a mobile vendor license with an expiration of 12/1/17; a plot plan depicting the location of the existing house, barn, leach field location and driveway, along with the proposed new building location which will be 75 feet from the centerline of the road.

The detailed description of the proposal is as follows: Our intentions for the 10’ x 14’ shed, to be located at 363 Owl’s Nest Road in Shapleigh, will be to sell our baked goods, jams & jellies (under our licensing as Lil’ Farm Bakery), craft items, and possibly eggs and vegetables from our farm. We have sufficient parking in our driveway (see plot map) with a turnaround location in our drive. We also have the appropriate licensing to sell our food items (see attachments) as well as a licensed kitchen to make them in. Our hours of operation will be Monday through Sunday from 6 a.m. thru 8 p.m.

Roger A. opened the meeting by asking Mrs. Fowler to once again state what her intentions were. Mrs. Fowler stated that she wanted to put a small building on her property to be able to open a bakery / farm stand / craft store.

Roger A. stated the board did a site inspection this evening. Roger said the criteria for the building would be 75 feet from the center of the road to any part of the building. He said the Code Enforcement Officer will look at that during the building process.

Roger A. began review of the Basic Performance Standards for the application.

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105-17 – Land Uses. Roger A. stated the reason this application is before the board is because a business requires a Condition Use Permit.

105-21 – Traffic. Roger A. stated access to the site was safe, the minimum required distance in this location is 280 feet and this can be met in both directions.

105-22 – Noise. Roger A. stated there will be no noise generated from the activity.

105-23 – Dust, fumes, vapors and gases. Roger A. stated there is no dust, fumes, vapors or gases, generated by this activity.

105-24 – Odors. Roger A. stated there will be no obnoxious odors generated.

105-25 – Glare. Roger A. stated no glare can be allowed beyond the lot lines. Roger asked the applicant if there would be lighting on the building? Mrs. Fowler stated that there may be a light on the building but there would be no spot lights.

105-26 – Stormwater runoff. Roger A. stated there are no changes being made to the property that would cause a stormwater problem. He noted there was no soil disturbance being created by adding the new structure. Roger A. asked if there would be a concrete pad? Mrs. Fowler stated there would not be, they would be adding sand just to prevent vegetation from growing under the building.

105-27 – Erosion control. Roger A. stated there are no changes being made to the existing property that would cause an erosion problem.

105-28 – Setbacks and screening. Roger A. stated existing vegetation will remain, no changes are being made on site.

105-29 – Explosive materials. Roger A. stated, there shall be none on site and none to be generated.

105-30 – Water quality. Roger A. stated, there is no waste or hazardous material generated by this activity to affect water quality. Roger did asked if there would be any water going to the building and Mrs. Fowler stated there would not be.

105-31 – Preservation of landscape; landscaping of parking and storage areas. Roger A. stated there are no major changes being made to the existing parking area, just a slight enlargement to what exists. There is no outside storage associated with this activity.

105-32 - Relation of proposed building to the environment. Roger A. stated the building will conform well with others in the surrounding area.

105-33 – Refuse disposal. Roger A. stated there was minimal refuse generated by this activity. Refuse will be taken to the Transfer Station.

105-43 – Off-street parking and loading. Roger A. stated there was plenty of off-street parking in existence at this time. Roger A. stated the minimum off-street requirement would be (1) space for each 150 square feet of floor area and he said 10 x 14 is 140, so one place is required. Roger believed there was room for three vehicles based on the site inspection. Mrs. Fowler agreed.

105-46 – Sanitary provisions. Roger A. stated an existing State approved septic system in on site at this time for the residence.

105-47Signs and billboards. Roger A. stated that all signage must be permitted and approved through the Code Enforcement Office.

Roger A. asked if there would be anyone else working with or for Mrs. Fowler. Mrs. Fowler stated it would basically be her, and sometimes her 19 years old daughter would help if needed.

Roger A. noted the hours of operation would be 6:00 a.m. thru 8:00 p.m., seven days a week.

Roland L. asked if he understood correctly at the site inspection that there would be some type of curbing or something delineating the parking area? Mrs. Fowler stated she may use a railroad tie or log, just to show where people should park.

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

Roger A. then reviewed §105-73.G ‘Standards applicable to conditional uses’ and made findings of fact.

Standards applicable to conditional uses. It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall approve the application unless it makes written findings that one or more of these criteria have not been met.

1) The use will not have an adverse impact on spawning grounds, fish, aquatic life, birds or other wildlife habitat. Roger A. stated, it will not.

2) The use will conserve shore cover and visual, as well as actual, access to water bodies. Roger A. stated this is not applicable.

3) The use is consistent with the Comprehensive Plan. Roger A. stated the Comprehensive Plan encourages home based businesses.

4) Traffic access to the site is safe. Roger A. stated it is, the minimum site distances are met in this location.

5) The site design is in conformance with all municipal flood hazard protection regulations. Roger A. stated it is, the structure is not in the flood zone.

6) Adequate provision for the disposal of all wastewater and solid waste has been made. Roger A. stated that there is an existing State approved septic system on site and refuse will be taken to the transfer station.

7) Adequate provision for the transportation, storage and disposal of any hazardous materials has been made. Roger A. stated that there is none generated by this activity.

8) A stormwater drainage system capable of handling fifty-year storm without adverse impact on adjacent properties has been designed. Roger A. stated there are no changes being made that would affect stormwater drainage, there is adequate vegetation on site to absorb stormwater and placement of both the existing structure and this new structure shall not create an issue.

9) Adequate provisions to control soil erosion and sedimentation have been made. Roger A. stated there are no changes being made on site to create an erosion or sedimentation issue.

10) There is adequate water supply to meet the demands of the proposed use and for fire protection purposes. Roger A. stated that there is.

11) The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties from detrimental features of the development, such as noise, glare, fumes, dust, odors and the like. Roger A. stated everything is in existence, no changes are being made. There are no detrimental features.

12) All performance standards in this chapter applicable to the proposed use will be met. Roger A. stated they shall.

The conditions of approval are as follows:

1) The hours of operation shall be 6:00 a.m. thru 8:00 p.m., seven days a week.

2) Signage and a building permit for the new structure shall be permitted through the Code Enforcement Office.

Maggie M. made the motion to approve the Conditional Use Permit to open a farm bakery & craft business to be known as Lil’ Farm Bakery on Tax Map 8, Lot 8A with the above stated conditions. Steve F. 2nd the motion. All members were in favor. The motion passed unanimously by a vote of 5 – 0.

Nothing else was discussed.

Shapleigh Planning Board Meeting – 9/26/17 Page 5 of 12

The Findings of Facts

1. The owners of Shapleigh Tax Map 8, Lot 8A (353 Owls Nest Road), are Eric & Laurie Beth Fowler, of 353 Owls Nest Road, Shapleigh, Maine 04076.

2. The property is located in the General Purpose District and according to the assessor, the property contains 4.51 acres.

3. The applicant is before the board for a Conditional Use Permit to open a farm bakery & craft business to be known as Lil’ Farm Bakery.

4. Received was a letter from Maine Site Evaluations LLC, dated September 22, 2016, which stated that the existing septic system was functioning properly; a Retail Food Inspection Report and a Food Processing Inspection Report from the ME Dept. of Agriculture, Conservation & Forestry, dated 11/8/16, which granted License #2-32071 to Lil’ Farm Bakery for a mobile vendor license with an expiration of 12/1/17; a plot plan depicting the location of the existing house, barn, leach field location and driveway, along with the proposed new building location which will be 75 feet from the centerline of the road.

5. The detailed description of the proposal is as follows: Our intentions for the 10’ x 14’ shed, to be located at 363 Owl’s Nest Road in Shapleigh, will be to sell our baked goods, jams & jellies (under our licensing as Lil’ Farm Bakery), craft items, and possibly eggs and vegetables from our farm. We have sufficient parking in our driveway (see plot map) with a turnaround location in our drive. We also have the appropriate licensing to sell our food items (see attachments) as well as a licensed kitchen to make them in. Our hours of operation will be Monday through Sunday from 6 a.m. thru 8 p.m.

6. The board reviewed the Basic Performance Standards and the board concurred the application met all the standards imposed.

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.

8. A notice was mailed to all abutters within 500 feet of the property on September 13, 2017. Meetings were held on September 12, 2017 and September 26, 2017. A site inspection and public hearing were held on September 26, 2017.

9. The Planning Board unanimously agreed to approve the Conditional Use Permit to open a farm bakery & craft business to be known as Lil’ Farm Bakery, to be located on Map 8, Lot 8A, per the plans provided with conditions.

10. The conditions of approval are:

1) The hours of operation shall be 6:00 a.m. thru 8:00 p.m., seven days a week.

2) Signage and a building permit for the new structure shall be permitted through the Code Enforcement Office.

Motion:

Shapleigh Planning Board Meeting – 9/26/17 Page 6 of 12

After careful consideration and a review of all material presented to the Board, including the review of the Zoning Ordinance ‘Basic Performance Standards’, and §105-73, Section G, ‘Standards applicable to conditional uses’ a motion was made on Tuesday, September 26, 2017, to approve the Conditional Use Permit for a farm bakery & craft business to be known as Lil’ Farm Bakery, to be located on Map 8, Lot 8A, per the plans provided and with two conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit for a farm bakery & craft business to be known as Lil’ Farm Bakery, to be located on Map 8, Lot 8A, per the plans provided and with two conditions, was accepted.

Decision:

The Conditional Use Permit for a farm bakery & craft business to be known as Lil’ Farm Bakery, to be located on Map 8, Lot 8A, per the plans provided and with two conditions was approved.

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Amendment to a Conditional Use Permit – Add 50’ x 150’ Storage Building – Map 1, Lot 24A (140 Deering Ridge Road)_Adex Properties, Shawn McLeod, Applicant

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

Previously provided was a Stormwater Drainage Plan from Carl V. Beal, P.E. #5013 which stated that the construction of the new storage building will result in no negative impacts due to stormwater runoff to downstream properties, tributaries, or water bodies. Also provided, was a sketch plan depicting the existing structure on site, the driveway(s) both for personal use and business, the location of the existing leach field, and the proposed location of the new 50’ x 150’ structure. The new structure will be approximately 143 feet to the rear lot line, 20 feet from one side lot line, 185 feet to the other side lot line and 450 feet from the road. The lot coverage calculation depicted lot coverage to be 8.5% after the construction of the new building.

The detailed description of the project is as follows: 50’ x 150’ cold storage building.

Roger A. began by asking Mr. McLeod to let the board know why he was before the board. Mr. McLeod stated he wanted to have a 50’ x 150’ steel storage building at the back of his property to be used for storage of personal watercraft, boats, campers, etc.

Roger A. asked if there would be any additional outside slabs? Mr. McLeod said, “No.” Roger asked if this building was strictly for storage. Mr. McLeod said, “Strictly storage.” Steve F. asked if there would be power in the building? Mr. McLeod said, “No power in the building.”

Roger A. stated the hours of operation on the original CUP permit (September 2013 for a small engine repair shop with attached living quarters), are Monday thru Thursday, 8:00 a.m. to 6:00 p.m., Friday 8:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to Noon. Roger asked if there would be any changes? Mr. McLeod stated there would be no changes to the hours.

Roger A. stated the second condition on the original CUP permit is: The applicant to continue to use Crystal Clean to remove waste from the property and if this changes a new letter showing where the waste is to be taken shall be given to the Planning Board. Roger said Mr. McLeod stated Crystal Clean is no longer the

Shapleigh Planning Board Meeting – 9/26/17 Page 7 of 12

service he uses and he will get a letter to the board from the new service. Note: Mr. McLeod provided an invoice from Cyn Environmental Services, dated 6/13/17 for used oil recycling, to Barbara on September 30, 2017. This was placed in the applicants file.

Roger A. stated that another provision on the original CUP permit was that a 15 foot vegetative buffer strip would be located on three sides of the property. Roger said that is no longer possible, based on the location of the new building – 25 feet from the property line. Roger felt the 15 foot buffer should be eliminated. He didn’t feel it would be an issue, based on the surrounding area.

Roger A. stated that there was a maximum number of vehicles allowed on site on the original CUP approval, 100 vehicles or units. Roger stated Mr. McLeod wanted that changed to 350, and he didn’t see any issue with this. Roland L. asked if a personal watercraft, snow machine, etc., are those considered a vehicle? Mr. McLeod and Roger said, yes.

Roger A. stated the original approval also mandated that ‘no collection of unserviceable parts construed as junk to be stored on site’. Roger said this provision will still be in effect.

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

Roger A. began review of the Basic Performance Standards for the application.

105-17 – Land Uses. Roger A. stated the reason this application is before the board is because it is a change to the original approved Conditional Use Permit.

105-21 – Traffic. Roger A. stated access to the site was safe, it was approved on the original CUP, and it met the minimum requirement of 280 feet at 40 mph.

105-22 – Noise. Roger A. stated there will be no noise generated from the activity, other than using a forklift to move vehicles.

105-23 – Dust, fumes, vapors and gases. Roger A. stated there is no dust, fumes, vapors or gases, generated by this activity.

105-24 – Odors. Roger A. stated there shall be no obnoxious odors generated.

105-25 – Glare. Roger A. stated there shall be no additional lighting added to the structure.

105-26 – Stormwater runoff. Roger A. stated there are no changes being made to the property that would cause a stormwater problem. A letter was received from Carl V. Beal, P.E. 5013, stating the construction of the new storage building would not result in a negative impact due to stormwater runoff to downstream properties, tributaries, or water bodies.

105-27 – Erosion control. Roger A. stated this was also addressed by Mr. Beal and there would be no issue.

105-28 – Setbacks and screening. Roger A. stated this building is set back quite a distance from the road. There is a lot of existing vegetation surrounding this property.

105-29 – Explosive materials. Roger A. stated the propane will not be stored in the structure. It will be removed by the vehicle’s owner. Roger noted this would be a condition of the permit.

105-30 – Water quality. Roger A. stated, there is no waste or hazardous material generated by this activity to affect water quality.

105-31 – Preservation of landscape; landscaping of parking and storage areas. Roger A. stated no changes are being made to the existing parking area, all outside vehicle storage is behind the existing structure.

105-32 - Relation of proposed building to the environment. Roger A. stated the building sets well off the road and there are similar structures in the area.

105-33 – Refuse disposal. Roger A. stated there was minimal refuse generated by this activity. The existing dumpster for the current business shall be used as needed.

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105-43 – Off-street parking and loading. Roger A. stated there was plenty of off-street parking in existence at this time.

105-46 – Sanitary provisions. Roger A. stated there is an existing State approved septic system on site being utilized for the business and living quarters. None required for the new structure.

105-47Signs and billboards. Roger A. stated that all signage must be permitted and approved through the Code Enforcement Office.

Roger A. reviewed Shapleigh Zoning Ordinance 105-73.G “Standards applicable to conditional uses” and made findings of fact.

G. Standards applicable to conditional uses. It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall approve the application unless it makes written findings that one or more of these criteria have not been met.

1) The use will not have an adverse impact on spawning grounds, fish, aquatic life, birds or other wildlife habitat. Roger A. stated it will not, there is no outside storage of hazardous waste.

2) The use will conserve shore cover and visual, as well as actual, access to water bodies. N/A

3) The use is consistent with the Comprehensive Plan. Roger A. stated it is, the Comprehensive Plan encourages small businesses.

4) Traffic access to the site is safe. Roger A. stated it is, the site distance meets the minimum requirement for this location which is 280 feet at 40 mph. The applicant has a minimum of 280 feet.

5) The site design is in conformance with all municipal flood hazard protection regulations. Roger A. stated it is, this location is not in a flood zone.

6) Adequate provision for the disposal of all wastewater and solid waste has been made. Roger A. stated there is, a State approved septic system is on site. The new structure will have no water or sanitary provisions.

7) Adequate provision for the transportation, storage and disposal of any hazardous materials has been made. Roger A. stated there is none being held in this new structure.

8) A stormwater drainage system capable of handling fifty-year storm without adverse impact on adjacent properties has been designed. Roger A. stated a letter was received from Carl V. Beal, P.E. 5013, stating the construction of the new storage building would not result in a negative impact due to stormwater runoff to downstream properties, tributaries, or water bodies.

9) Adequate provisions to control soil erosion and sedimentation have been made. Roger A. stated that was also addressed in Carl Beal’s letter regarding stormwater runoff.

10) There is adequate water supply to meet the demands of the proposed use for fire protection purposes. Roger A. stated there is a hydrant within a mile of this location.

11) The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties from detrimental features of the development, such as noise, glare, fumes, dust, odors and the like. Roger A. stated there is a buffer strip around the property. There shall be no exterior lighting on this structure.

12) All performance standards in this chapter applicable to the proposed use will be met. Roger stated they shall, with conditions.

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

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The conditions of approval are:

1) The hours of operation shall continue to be Monday thru Thursday, 8:00 a.m. to 6:00 p.m., Friday 8:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to noon.

2) The applicant shall provide a letter for the file, from the new service provider for waste removal for the existing business.

3) The 15 foot vegetative buffer to the side lot line from the original plan is no longer required, as it cannot be met with the location of the new building.

4) The maximum allowed vehicles/units on site shall be increased to 350.

5) All vehicles shall be stored on the slab, excluding trailers which shall be parked in the designated area on the original plan.

6) No collection of unserviceable parts construed as junk to be stored on site, as per the original approval.

7) No propane tanks shall be stored in the cold storage building.

8) A building permit shall be obtained from the Code Enforcement Office prior to erecting the building. Any change to the existing signage shall also be done thru the Code Enforcement Office.

Roland L. made the motion to approve the amendment to a Conditional Use Permit to add a 50’ x 150’ cold storage building to Map 1, Lot 24A, with the above stated conditions. Maggie M. 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed unanimously.

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The Findings of Facts

1. The owner of Shapleigh Tax Map 1, Lot 24A (140 Deering Ridge Road), is Adex Properties LLC, of 184 Sunset Road, Springvale, Maine 04083.

2. The property is located in the General Purpose District and according to the assessor, the property contains 4.26 acres.

3. The applicant is before the board for an amendment to a Conditional Use Permit to add a 50’ x 150’ storage building to the property.

4. Received was a Stormwater Drainage Plan from Carl V. Beal, P.E. #5013 which stated that the construction of the new storage building will result in no negative impacts due to stormwater runoff to downstream properties, tributaries, or water bodies. Also provided, was a sketch plan depicting the existing structure on site, the driveway(s) both for personal use and business, the location of the existing leach field, and the proposed location of the new 50’ x 150’ structure. The new structure will be approximately 143 feet to the rear lot line, 20 feet from one side lot line, 185 feet to the other side lot line and 450 feet from the road. The lot coverage calculation depicted lot coverage to be 8.5% after the construction of the new building.

5. The detailed description of the proposal is as follows: 50’ x 150’ cold storage building.

6. The board reviewed the Basic Performance Standards and the board concurred the application met all the standards imposed.

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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.

8. A notice was mailed to all abutters within 500 feet of the property on September 13, 2017. Meetings were held on September 12, 2017 and September 26, 2017. A site inspection and public hearing were held on September 26, 2017.

9. The Planning Board unanimously agreed to approve the amendment to the Conditional Use Permit to add a 50’ x 150’ cold storage building on the property with conditions.

10. The conditions of approval are:

1) The hours of operation shall continue to be Monday thru Thursday, 8:00 a.m. to 6:00 p.m., Friday 8:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to noon.

2) The applicant shall provide a letter for the file, from the new service provider for waste removal for the existing business.

3) The 15 foot vegetative buffer to the side lot line from the original plan is no longer required, as it cannot be met with the location of the new building.

4) The maximum allowed vehicles/units on site shall be increased to 350.

5) All vehicles shall be stored on the slab, excluding trailers which shall be parked in the designated area on the original plan.

6) No collection of unserviceable parts construed as junk to be stored on site, as per the original approval.

7) No propane tanks shall be stored in the cold storage building.

8) A building permit shall be obtained from the Code Enforcement Office prior to erecting the building. Any change to the existing signage shall also be done thru the Code Enforcement Office.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of the Zoning Ordinance ‘Basic Performance Standards’, and §105-73, Section G, ‘Standards applicable to conditional uses’ a motion was made on Tuesday, September 26, 2017, to approve the amendment to the Conditional Use Permit to add a cold storage building, to be located on Map 1, Lot 24A, per the plans provided and with eight conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the amendment to the Conditional Use Permit to add a cold storage building, to be located on Map 1, Lot 24A, per the plans provided and with eight conditions, was accepted.

Decision:

The Amendment to the Conditional Use Permit to add a 50’ x 150’ cold storage building, to be located on Map 1, Lot 24A, per the plans provided and with eight conditions was approved.

Shapleigh Planning Board Meeting – 9/26/17 Page 11 of 12

Conditional Use Permit – Replace Walls & Stairs – Map 32, Lot 30 (110 Dogwood Drive) – Mark Rautenberg, Terri Ball, Applicants

Terry Ball was present for the review of the application.

Along with the application, presented was a property sketch which depicted the existing house, stairs and walls, dock, as well as the approximate leachfield, septic tank, and well location. A second sketch provided a larger view of the existing wall and stairs to be replaced, along with an erosion control and replanting plan. This plan consists of erosion control mulch, grass, lilies and ‘plantings’.

Also provided was the following information:

We propose:

• To hire a reputable contractor with experience in landscape/hardscape design and construction to remove and replace failing, collapsing RR tie walls and stairs

• To carefully remove and dispose of failing collapsing RR ties walls and stairs

• To replace with cement block walls, drained with fabric and crushed stone according to industry standards

• To secure walls 3 feet tall into the slope to stabilize walls and soil with fabric tied back into the slope according to industry standards

• To replace existing RR tie stairs with cement steps and water permeable pavers to stabilize the soil and prevent any runoff into the lake

Revegetation plan:

• To carefully remove, preserve and replant all existing plantings

• To replace and reseed any grass that is disturbed during the wall removal and replacement process

The detailed description of the project stated: (see attached) Replacement of deteriorating RR tie walls & stairs with cement block walls in exact same location, no other site changes planned.

Roger A. asked Ms. Ball to tell the board what they would like to do. Ms. Ball stated that they had a waterfront property, and there were three tiers of railroad tie walls, with stairs down to the water front. She said they were collapsing and they need to be replaced. They planned to replace the wall with cement blocks, and permeable pavers will be used for the stairs.

Ms. Ball stated she had pictures of the existing wall if the board wanted to see them. Steve F. stated they would go look at the site.

Ms. Ball noted that they had received permission from the DEP thru the Permit by Rule to move forward.

Ann H. asked how tall the walls were that are in existence now? Ms. Ball stated that they varied in height between 30 and 38 inches. She said the length varies between 68 to 75 feet at the longest tier. She noted that they did not plan on changing the design or location.

Roland L. asked if everything on site that was old railroad ties, they were moving? Ms. Ball stated, “Correct”. Roger asked where the railroad ties would go? Ms. Ball stated she believed they were getting a container to put the debris in and it would go to Simpsons. Roger stated the reason they asked is that no debris can be taken to the Transfer Station.

Roger A. asked if any trees would be removed? Ms. Ball stated, “No.” Roger asked if it was going to be grassed when completed. Ms. Ball said yes, and her perennials would be removed and replaced once the wall was put back in.

Shapleigh Planning Board Meeting – 9/26/17 Page 12 of 12

Roger A. stated a notice to abutters will be mailed. Members will do a site inspection prior to the meeting on their own due to light constraints. He noted the next meeting will be Tuesday, October 10th at 7:30 p.m.

Roger A. stated the board would want to have an idea when the project might begin and when it would be completed. Ms. Ball stated that at the moment one contractor told them this fall and another in the spring. The board noted she could say it would be completed by next June, for example. It does not have to be finished this year.

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 8:20 p.m.

The next meeting will be held Tuesday, October 10, 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 7:30 p.m. Please contact the Land Use Secretary if there is a question in scheduling, 207-636-2844, x404.

Respectively submitted,

Barbara Felong,

Land Use Secretary planningboard@shapleigh.net