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Tuesday, October 24, 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 was unable to attend. Code Enforcement Officer Steven McDonough was in attendance.


Minutes are not verbatim, unless in quotes “”

The minutes from Tuesday, October 10, 2017 were accepted as read.

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


Conditional Use Permit – Marina – Map 19, Lot 8 (17 Emery Mills Road) – Marc Boisse, Applicant; Wayne Berry, Property Owner

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

Along with the application, presented to board members was a sketch plan of the existing lot, depicting an existing structure to be used in part as an office and show room; a proposed dock display area; a proposed 40’ x 140’ gravel parking area; and a lighted path covered in bark mulch which led to a proposed boat docking area having multiple slips. The sketch also provided site distance calculations of 660 feet in one direction and 560 feet in the other while exiting the property. Pictures of the property were provided depicting the existing structures, those being a house and attached barn, and an aerial view of the property. A document was provided from Wayne Berry (property owner) dated 10/4/17, which gave Mr. Boisse full permission to make an application for a marina on his property.

The detailed description of the project is as follows: Marina (see attached) The attachment read in part:

The subject property is a 2.43 acre lot on Lower Mousam Lake with approximately 720 feet of waterfront and 278 feet of road frontage on Route 109. Our application is for 20 seasonal boat slips, dock sales and a small parking lot to serve our customers. We hope to offer a few boat rentals along with the option of renting kayaks and canoes on a daily or weekly basis.

At this evening’s meeting, Mr. Boisse brought in an amended plan which depicted the location of lighting along the walkway to the boat docking area, outlets to provide power at the boat docking area, lighting on the docking area, and where a portable toilet will be placed; outside storage location for the docks to be sold, the size and location of the parking area (55’ x 170’) and lighting for that area, show room location in the existing structure, office (10’ x 12’) location in the existing structure, and a sign and display area running along Emery Mills Road. Also, the hours of operation were changed to 24 hours – 7 days a week.

In addition, provided was an email from the Bureau of Parks and Lands Boating Facilities Division which stated in part: We have no interest in that unless the slips extend out into the water more than 200’. Other than that it would be a Town issue.

Roger A. asked Mr. Boisse to share with the board the new information he brought to the meeting. Mr. Boisse reviewed the revised plan. He noted the new plan showed the path lighting, dock storage area, and lighting where the boat slips will be. The plan also depicted the 10’ x 12’ office space, portable toilet by the parking lot, as well as lights in the parking lot. He also noted the Inland Fisheries reply to his request as to whether or not he needed further permitting by the State (see above).

Page 1 of 4

Shapleigh Planning Board Minutes – 10/24/17 Page 2 of 4

Roger A. asked about the parking, how would it be set up? He asked if it was going up the middle, then branching off to the side? Mr. Boisse stated, “Yes.” Roger wasn’t sure there was enough parking. Mr. Boisse thought there was more than enough parking, based on what was discussed at the last meeting. Roger reviewed the plan with Mr. Boisse and there appeared to be enough parking.

Roger A. stated that there would be sales of docks, and an office for that. Mr. Boisse added, ‘and boat slips’. Roger asked how far from the road the display area was? Mr. Boisse said it was in front of the house.

Roger A. asked about the hours of operation? Mr. Boisse stated that the office hours would be 8 a.m. to 6 p.m. but the boat slips would be open 24 / 7. Roger said that the whole business would be 24 / 7 because the parking area would not be closed or the boat slips. He said the hours include everything on site, regardless of whether or not the office is open.

Roland L. asked if there was any planned rental space in the farm house? He said, “There will be no one renting the house space?” Mr. Boisse stated, “No, not until you change the rules.”

Roger A. asked what the number of boat slips would be, is it still 20? Mr. Boisse stated, “No, we put it up, just because I don’t want to do this again. We may never have 30 or 35 but I wanted to make sure we didn’t have to come back before the board.” Roger noted the number of slips affects the parking. Mr. Boisse stated that he was aware of that. Mr. Boisse believed he was ok with the additional slips. Mr. Boisse stated that there is 7,700 square feet for parking at this time, and he believed he only needed 6,000 square feet.

Roger A. stated that they needed to add office space and the number of employees in the parking calculation. Mr. Boisse stated that the office was 10’ x 12’, and there was a secondary parking area in front of the house. He said he could enlarge the parking lot. He asked how many additional spaces were required? Roger asked how big the show room would be? Mr. Boisse believed it would be 20’ x 20’. Roger said you need one space for every 150 sf of floor space and one for each employee. Mr. Boisse thought four would cover it. Roger asked him to place it on the plan.

Roger A. stated that he believed the board was ready to hold a public hearing based on the information provided. He stated the public hearing will be held on Tuesday, November 14th at 6:00 p.m. A notice to abutters will be mailed as well.

Mr. Boisse is going to adjust the parking lot on the plan and provide a copy for the board.

Nothing further was discussed.


Amendment to a Subdivision (Hemlock Hills) – Change Road Access Location for Lot 36-3 – Map 3, Lot 36-3 (Hooper Road) – Ted Theriault, Applicant & Owner

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

The amendment to a subdivision application stated the following:

• Subdivision Name: Hemlock Hills – Deed Recorded at YCRD as Plan Book 167, Pages 34 & 35

• Location of Tax Map 3, Lot 36-3 – Plan Book 17449, Page 275

• Zoning of Property: Residential (General Purpose according to Town designation)

• None of the property is within 250 of the high-water mark of a pond, or river

• Acreage to be developed: 2+ acres

• Current Deed Restrictions: Driveway access limited to ROW only Lots 3 & 2

• The parcel includes no water bodies

Shapleigh Planning Board Minutes – 10/24/17 Page 3 of 4

• The parcel is not within a special flood hazard area

• Current number of Lots in the Subdivision: 5

• Water Supply: Individual Wells

• Method of Sewerage Disposal: Individual Septic Tanks

• Fire Protection: 911

Also provided by the applicant, was a copy of the Town tax map depicting all the lots of the subdivision and the location of the existing ROW and proposed driveway location; a copy of the purchase and sale agreement showing that as of 10/23/17, Water’s Edge Land Development was the owner of the property (Mr. Theriault); a copy of the Subdivision Plan known as Subdivision Plan Hemlock Hills, drafted by Daniel J. Dalfonso of Pinkham and Greer Consulting Engineers, Falmouth, Maine, approved by the Shapleigh Planning Board on 4/12/1988; and a letter from the Southern Road Commissioner, Caleb Chessie which stated the following:

On 10/13/17, I inspected the property across from 350 Hooper Road, Map 3, Lot 36-3 for a concern about the existing shared access as written in the subdivision plan for Hemlock Hills, Plan Book 167, Pages 34 & 35 for lots 2 and 3.

I strongly recommend allowing driveway access above the telephone pole and/or closer to the northern end of the property along Hooper Road. There is serious potential for a line of sight hazard with the speed limit at 35 mph, a dip in the road and a corner. Winter conditions will only increase the hazard. There will be no impact to Hooper Road with this change, just a safer ingress/egress to the property.

Thank you for your time and consideration in making our streets and roads safer to travel.

Roger A. asked Mr. Theriault to let the board know what he wanted to do. Mr. Theriault wanted to note that he took possession of the property on the 23rd, therefore the owner is no longer as stated on the application (Roger Rose).

Roger A. asked about the plan with Planning Board signatures. Barbara F. showed him that a copy of the signed subdivision plan was provided by Mr. Theriault. Roger stated his only concern was that the Town tax map showed 178 feet on the road and 200 feet is required. But because there is a signed plan, there is no issue, otherwise there would have been an issue with not using the right-of-way.

Roger A. read the letter from RC Chessie (see above).

Roger A. stated there would need to be a public hearing because any change to a subdivision requires a public hearing. It will be held on November 14th right after the Marina. The public hearing begins at 6:00 p.m.

CEO McDonough asked if there was anything else needed from Mr. Theriault? Roger A. stated a new subdivision plan needs to be provided with a place for the Planning Board signatures. Note 9 needs to be changed to remove Lot 3 from the ROW requirement. Mr. Theriault asked who would generate the plan? Steve F. stated it would be easiest to go back to Pinkham and Greer and have them make the change.

Roger A. stated Note 9 should say ‘Access to Lot 2 shall be via the 50’ right of way’. That will remove Lot 3 from the requirement.

Shapleigh Planning Board Minutes – 10/24/17 Page 4 of 4

Roger A. stated the board would need a Mylar that will get recorded at the YCRD and 2 paper copies, one for the board and one for his records. The board will sign all three at the meeting.

Mr. Theriault asked the board if they were ok with them doing work on the property prior to the Planning Board meeting. He noted they will not change the driveway location until they have the signed plan. Roger A. had no issue, as the rest of the permitting would be through the Code Enforcement Office.

Nothing else was discussed.


Growth Permits

Map 12, Lot 16 – (636 Newfield Road) – New Home GP #11-17

Existing lot of record.


The Planning Board meeting ended at 8:08 p.m.

NOTE: The winter hours are in effect thru April 1st, the meeting begins at 6:30 p.m. and any scheduled public hearing begins at 6:00 p.m.

The next meeting will be held Tuesday, November 14, 2017 at 6:30 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 6:00 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.

Respectively submitted,

Barbara Felong,

Land Use Secretary