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SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, February 27, 2018

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

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Minutes are not verbatim, unless in quotes “”

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Public Hearing began at 6:00 p.m.

Minor Subdivision – 3 Lots – Map 9, Part of Lot 1A (Apple Road & West Shore Drive) – LinePro Land Surveying, Representing; James Chadbourne, Property Owner

Mr. Joseph Stanley of LinePro Land Surveying was present for the review of the application.

Roger A. began the public hearing by asking Mr. Stanley to tell the audience what his client was proposing.

Mr. Stanley began by introducing himself and stated that Mr. Chadbourne was proposing a 3-lot subdivision on the end of Square Pond utilizing the existing lake frontage that Mr. Chadbourne owns. The proposal is for one of the three lots to be accessed via Apple Road and two of the lots to be accessed via the end of West Shore Drive. West Shore Drive is a town road up to the town line, and they are proposing a 2-lot private way, basically a shared driveway for the two lots. At the end of West Shore Drive, take a hard left away from the lake, there would be the shared driveway. He noted the location on the plan he provided.

Mr. Stanley stated that the structures had to be 100 feet away from the lake and 75 feet from the existing stream. He said the three lots are being accessed in this manner to create the least amount of impact and to keep away from the associated wetlands.

Mr. Stanley stated that they had a set of engineered plans for the private way. The plan addressed erosion, and stormwater management. They are proposing a couple of drainage ditches down the side of the drive that collect into an area of riprap which will handle all the runoff. Mr. Stanley provided a stormwater report that showed the details of the private way.

Mr. Stanley stated that the lots will have underground power, coming off a pole on the West Shore Drive side and a pole on Apple Road.

Mr. Stanley stated that many members of the public were concerned with whether or not there was a plan to connect Apple Road to West Shore Drive. He stated that it was not their plan and he noted this type of subdivision should prevent that in the future, three different lots with three different owners. He said it was more apt to happen with one land owner. He also said the existing wetland would make it difficult, along with the stream on the property. It would make the road a very expensive proposition.

Roger A. asked if there were any questions?

Citizen Bob Kirton – Is Apple Road a town road or not?

Road Commissioner Burnell – It is a private way with a maintenance easement.

Page 1 of 16

Shapleigh Planning Board Minutes – 2-27-18 Page 2 of 16

Bob Kirton – Looking at the diagram. Jim’s property is green, everyone’s else’s is white and so the question is, can you back a boat down and launch a boat at the end of Apple Road?

Mr. Stanley – Great question, having used the property many times, I feel there is vegetation and site conditions preventing that.

Bob Kirton – There is and we are not going to go over the property lines now but my wife is convinced that the property line goes over to the other side of the road. We won’t worry about that right now, but we have seen people launch boats and get stuck there. If in fact, our property line is on this side of the road, and Jim is on the other side of the road, and the road is open, then anyone could launch a boat.

Mr. Stanley – As you know over the two years before this point, I did survey the exterior of the lot for Mr. Chadbourne and I also did some survey work for Jane (Kirton) as well up the road and when I looked at it, the way the division deed looked between the two of them, Jim owns the stretch of Apple Road from here (pointing to the plan) and to where the brook crosses and Jane owns Apple Road for the rest of the way, subject to everyone else having the rights to use it.

Bob Kirton – So is the right-of-way already cemented whether he owns it or not? I wasn’t aware he owned the road from the brook down. So he owns from the brook down, including the hill.

Mr. Stanley – Yes, and then the way the division deed between the two of them is written, it actually crosses the road at the brook and follows the opposite side and then Jane owns the road subject to people’s rights to use Apple Road.

Bob Kirton – Jane’s father used to oil the hill to keep the asphalt from deteriorating, so Jane shouldn’t be doing it because she does not own it.

Mr. Stanley – She has the right to do it, she has a right-of-way and if it helps her access her camp, you perform maintenance to keep the right-of-way in good working condition. But that stretch of the land is contained in Jim’s deed.

Bob Kirton – The property in the back cove, can they come in and bulldoze the beach.

Mr. Stanley – No, it is very limited what they can do within 100 feet of the water. I have seen the Code Enforcement Officer enforce this quite a bit as well. You are allowed to do a six foot winding path to get to the water but that would be the limit of what they could do with removing vegetation or grading.

Bob Kirton – The town is comfortable with the fact they cannot reach those two houses without coming thru the Town of Acton?

Roger A. – It is Shapleigh property.

Bob Kirton – But to get to it for fire or rescue you have to go through Acton.

Roger A. – We have mutual aid, so if something happened to those houses they would be toned out for both towns and whoever responds first, would get there first. If Acton is there first, they will start and when Shapleigh comes on board, Shapleigh will take over.

Mr. Stanley – Part of this proposal in great part is because of Shapleigh’s ordinance, they plan on having in-home sprinkler systems as a requirement for all three homes. This will help occupants have more time should tragedy strike.

Roger A. asked if there were any other questions?

Citizen of Acton, Susan Cronin – I live on West Shore Drive in Acton, my question is about the right-of-way to the water, and my understanding is it is going to go between the two houses that will be accessed off of West Shore Drive. The only way either one of those home owners could access it, because this area is not deep enough, is thru the public launching ramp, correct?

Mr. Stanley – Correct, there would be no way out of these lots.

Susan Cronin – Because they are not supposed to be using Apple Road.

Roger A. – They could use Apple Road but there is no launch there.

Susan Cronin – The paved part is pretty close to the water.

Roger A. – Somebody is going to have to remove vegetation and trees. Because the road stops there, it is not going to be a launch area.

Shapleigh Planning Board Minutes – 2-27-18 Page 3 of 16

Susan Cronin – The access road or driveway off of West Shore Drive, there was a question as to whether or not it was going to be gravel or paved road. I have been there for 28 years, we have a gravel driveway, it’s maintained and aesthetically it just looks nicer. We are going to have to look at a house being built. And I think with an asphalt roadway, there is more potential for runoff of oil. I know you say there will be a reservoir to catch it in but there is still the potential for the oil off the road making its way into the ground and groundwater.

Roger A. – We understand that, but the board at this time hasn’t given him a waiver as to whether or not he can keep it gravel. So because it is a road, not just a personal driveway to get access to two lots, the board has to decide whether or not they allow it to stay gravel or have it paved.

Susan Cronin – I was under the impression it is a private driveway, not a town road.

Roger A. – It won’t be a town road unless the town accepts it. But it has to be built to town specs, it is not just a driveway.

Mr. Stanley – Which the plan at this point isn’t to upgrade it to that type of town standard, it would be a private road that two people shared to access their house. Only these two people have rights to use the private drive.

Susan Cronin – There has been a lot of construction in the cove, my concern is when this development goes through, is there a proposed time frame. Or is it going to be non-stop construction where we don’t know how long?

Roger A. – We can’t answer that. For example, if you bought one of those lots, how quick are you going to get your house up? And will that time limit for your house be two weeks, two months or a year? We can’t answer that.

Susan Cronin – There are work periods too.

Roger A. – There is a noise ordinance and it is from 7 in the morning until 10 at night.

There was concern in the audience about construction taking place until 10 p.m.

Roger A. – This is what is allowed in the ordinance.

Mr. Stanley – It is a restriction that nobody is supposed to do anything that is loud after this time frame.

Citizen – There is a difference between someone sitting around a campfire laughing and singing and having pneumatic drills going. I find it very disturbing.

Roger A. – Using hammers and drills is going to be for a limited amount of time. It will depend on whoever owns the property, how long it will take them to get the project completed. It is hard to regulate, we cannot say ‘you can’t do it in the summer time because people are enjoying the lake’. Everyone’s house was built at some time and there was noise at that time.

Citizen – I am taken aback by that and the fact that a private driveway is not necessarily a private road, or a semi-private road. Because two years from now if somebody wants to not drive all the way down West Shore Drive all the way to Goose Pond to get to the Post Office or Boonies, and they start talking about connecting the roads, it’s a problem. If you can say today in five years that won’t happen, that is very good. The other thing is this is a small subdivision being built by one person, I guess I missed something, is this three lots being sold or is the current owner going to build houses and sell them?

Mr. Stanley – I think they are leaving both options open depending on what the potential interest the party has in the land. Some people might want to buy a lot and hang on to it for years without doing anything, and someone may want a camp now. We would be required to construct the private way per the engineered plans that have been developed and at that point there is no further time restriction on it.

Susan Cronin – I know there are a lot of DEP regulations but will there be a specific person that will be in charge of monitoring the removal of the trees, shrubs, the clearing of the areas. There is concern if no one is around they will clear an area and make a beach, and clear the end of the road to get to the water. It is thick in there now and we walked it with the kids for years, now all of a sudden someone will buy it. It is wonderful to limit it to a six foot winding pathway to the water but I am concerned the six foot winding path will not be six feet wide. Who will monitor it?

Roger A. – The only person would be a neighbor that sees it being greater than the six feet, you contact the Code Enforcement Officer and notify the DEP to make sure enforcement is going to happen.

Shapleigh Planning Board Minutes – 2-27-18 Page 4 of 16

Roger A. – continued – They will tell the person they have to replant. Nobody actually oversees the six foot path but if you are concerned, contact someone who can take enforcement action. It will be either the CEO or DEP or both.

Mr. Stanley – There is involvement with Code Enforcement during the building process, up to getting an occupancy permit. There will be inspections along the way to make sure construction is being done correctly and I assure you if he saw a vast amount of trees cut where they shouldn’t be, he is very good at noticing that and it will be corrected. So there will be a set of eyes on the property up through occupancy. At that point the town has less involvement, it is more up to the neighbors. I live on Goose Pond and we keep our eyes out for things like that. The Town and DEP have processes in place if you ask them to go look at a property.

Citizen of Acton – Isaac Hutchinson – I live two doors down from the Cronin’s, we have a year round place, and I apologize for being late. There are some really nice pedestrian paths around the back side of the lake toward the Shapleigh side. I have young children that I can anticipate using these paths, is there an ordinance or some type of agreement in place with the development of the Hidden Cove properties or is that something that would be on the potential owners at some point to retain for the public?

Roger A. – Actually if you are using the paths that go across the property, you are trespassing at the present time. You are trespassing on someone else’s property. It is has been nice to use, it is a nice trail to get around but it is someone else’s property.

Isaac Hutchinson – OK, I thought they were labeled for sportsman.

Mr. Stanley – There are signs there right now because people were using it as a wheeler trail and the local landowner was trying to limit that. I am a local ATVer but not excited to see the tracks people make in the brook. At this point Isaac, there is no plan in place for any sort of pedestrian easement. As someone who has used these trails I would like it open but on the flip side you have 3 potential property owners who may not be excited to have people walk across their property.

Mrs. Cronin – So the 100 feet from the shoreline, is that still considered all private property.

Roger A. – Yes, right up to the high water mark.

Madge B. – Just as you own down to the pond or the shore. These folks will own to the shoreline.

Roger A. asked if there were any other questions?

Mrs. Cronin – For the two lots of West Shore Drive, is the only way for the construction vehicles to access the property up the private drive? They are not going to be allowed to come in along the power lines?

Roger A. – No, they will be using the constructed roadway.

Mrs. Cronin – From West Shore Drive over? Are they going along the shoreline or along the back?

Roger A. – They have to be 100 feet back because there can be no clearing within 100 feet of the water.

Mrs. Cronin – Ok, that is my question.

Mr. Stanley – They cannot remove a tree within 100 feet without additional permitting.

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

The public hearing closed at 6:29 p.m.

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The minutes from Tuesday, February 13, 2018 were accepted as read.

The planning board meeting started at 6:35 p.m.

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Shapleigh Planning Board Minutes – 2-27-18 Page 5 of 16

Amendment to a Conditional Use Permit – Business Selling Furniture & Home Décor – Map 19, Lot 13 (63 Emery Mills Road) – Sharon Tombarelli, Applicant; Roger Berube, Property Owner

Mrs. Tombarelli and Roger Berube were present for the review of the application.

The detailed description of the proposal is as follows: New tenant is looking to rent existing office space, as is, for retail sales of furniture and goods.

Mrs. Tombarelli had been approved on December 26, 2018 for this business at a different location. The only change to her original request is location. Mrs. Tombarelli’s business is the sale of rustic furniture, home décor and gifts.

Roger A. asked Mrs. Tombarelli what she wanted to do? She stated that she wanted to move the business location from Shapleigh Corner Road to Emery Mills Road, Mr. Berube’s property, where the day care used to be located. Mrs. Tombarelli stated she would be selling the same things. Roger A. asked the board members if they had any questions? There were none.

Roger A. stated board members could do a site inspection on an individual basis if they would like. All members noted they were already familiar with this location. Roger stated a notice to abutters would be mailed and a Public Hearing held on Tuesday, March 13th at 6:00 p.m.

Nothing further was discussed.

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Best Possible Location – Replace Structure – Map 34, Lot 24 (10 Cherry Road) – LinePro Land Surveying, Applicant; Arthur McEvoy III, Property Owner

Mr. Stanley was present for the review of the application, along with Mr. and Mrs. McEvoy.

Provided to members along with the application, was a survey plan drafted by Joseph L. Stanley, PLS#2453, of LinePro Land Surveying, LLC. The plan depicted Map 34, Lot 24, the existing location of the structure, brick & concrete patio, wood steps, beach area, crushed stone area, 4 Spruce and 1 Maple tree, and approximate septic tank location. The plan also depicted the best practical location of the proposed structure. The existing structure at the closest point to the high water mark is 23.6’; the proposed structure is 40.3’ The existing structure at the closest point to centerline of Cherry Road is 77.1’; the proposed structure is 64.2’. The existing structure is 9 feet from the lot line of Map 34, Lot 23. The plan also notes that the disturbed area is to be stabilized and revegetated with Erosion Mulch and 4 Blueberry Bushes. The plan notes that currently the existing lot coverage by camp and patio is 8.1%. There is no change to this figure being proposed.

A Subsurface Wastewater Disposal System Application was provided, drafted by Wesley Bullard SE#122, dated 9/1/1988. The surveyed plan notes the possible location of a new septic system but no application was provided.

The detailed description of the project read as follows: Best Possible Location for a camp rebuild.

Roger A. asked the applicants to let the board and audience members know what they were planning on doing. Mr. McEvoy stated they wanted to rebuild their camp on Cherry Road, moving it back and making the shape a rectangle removing the add-ons that were put on from back in the late 1930’s. The structure would be going back 18 feet (Note: The plan shows the actual number to be 16.7 feet back from the high water mark.) There will be a 32’ x 40’ house. He said they would be moving back within the 75 feet of the right-of-way, and wanted to ask the board if they could do that.

Shapleigh Planning Board Minutes – 2-27-18 Page 6 of 16

Mr. Stanley felt this location was a happy medium moving back from the water but not encroaching on the ROW of Cherry Road too much. He said they would be about 64 feet as a setback to Cherry Road. He noted the well sits about another 15 – 20’ behind the building so they thought this was the best practical location but the applicants are agreeable for the board’s suggestion. Mr. Stanley said several members attended the site visit. Madge B. said she went on her own. Mr. Stanley said the stakes were where the proposed location is on the property. Madge stated it was helpful. She asked what was under the camp at this time? Mr. McEvoy stated there was a partial foundation, as you look at it from the lake on the right side. It was a boat house when the water level was 18 feet higher at the turn of the century. It is a partial stone foundation and the rest is dirt and it’s on pilings. Roger A. noted some of the wall is cracked. Mr. McEvoy stated one of the reasons they wanted to move it back was to get away from that area.

Mr. Stanley said there is a note on the plan that where the patio currently sits it will be replanted with erosion control mulch and 4 blueberry bushes. He said they were open to suggestions there as well.

Madge B. asked if they planned on creating a daylight basement on the side facing the water? Mr. Stanley said they didn’t discuss building design. There isn’t a lot of elevation, he wasn’t sure it could be done. Mr. and Mrs. McEvoy said it depends on the elevation. Madge asked about the steps on the water side? Mr. McEvoy said they would be coming out. Madge added that if they needed steps they would be on the side of the house, not the water side. Mr. McEvoy agreed.

Madge B. said her only question was whether it should go back further. Steve F. said his initial thought, before the site inspection, was that it possibly could go back further. The reason he changed his mind was first the location of the well, plus it involves removing the trees and as far as any future expansion, now there would be a parking issue on a very tight road. There is a short driveway and the potential for cars blocking Cherry Road. He liked the way things were staked out. Madge said she knew nothing about how close it should be to the well. She said if the board moved it back six feet, we wouldn’t be gaining much. She also wondered if the board could get it back beyond 100 feet and she did not think it was possible. Steve agreed, it would jam them against the road. Roger A. said there was also a septic system that had to go in. Madge said she thought about it on this piece because the elevation was not dramatic. She did not have an issue with the proposed location, she just wanted to find reasons not to move it back further. Madge asked how close can you go to a well? Steve thought you could go right up to it. Roger said access is the issue.

Roger A. asked about a time frame? Mr. McEvoy said they would start at the end of the summer. Time frame whatever it would take, maybe three months. Mrs. McEvoy said maybe three years. Steve F. asked if there was an updated plan with the replant plan on it. Mr. Stanley said he did not have another plan. All there was is a note on the existing plan which states ‘it will be revegetated with mulch and blueberry bushes’. If the board wants more he can depict something. He said it would be where the patio is shown. CEO McDonough asked if any trees had to be removed. Madge B. said no, not if it is put where they proposed.

Roger A. didn’t think they could do a daylight basement due to the water level and the inability to raise the building. CEO McDonough asked the applicant what they foresaw for final landscaping? Mr. McEvoy said the same slope as what exists. CEO McDonough said, “The proposal is mulch, are you prepared now and forever to live with 18 feet of mulch?” Mrs. McEvoy said, “No.” She said she likes the idea of blueberry bushes. CEO McDonough said 4 blueberry bushes would not cover the entire area. CEO McDonough said all disturbed areas had to be addressed. Mrs. McEvoy said she would like lawn but she has heard the board doesn’t like that. She also said she would like to consider a daylight basement but it would mean going back more. She said they had a lot of information to consider. She said, “We are proposing this but maybe we need to reconsider.” CEO McDonough said, “What Roger was saying that height and the area might limit you on a daylight basement, it is not that the board did not want you to have it.” He asked them if they wanted to put this on hold. Mr. Stanley said some of this can be decided during the building permit process.

Shapleigh Planning Board Minutes – 2-27-18 Page 7 of 16

Mr. Stanley said he would like to have the board decide where the building needs to go. CEO McDonough said they were thinking about a daylight basement. Mr. Stanley did not think moving back 5 or 10 feet would matter with respect to the daylight basement. Mr. Stanley noted on the plan where the 100 foot mark is and he didn’t think they had much choice due to the shape of the lot. Roger A. said if the house was up against the road, they might be able to get a daylight basement but with respect to height, he didn’t think they could put one in.

Mr. Stanley asked the applicants if they wanted to wait to see if another location would work better for them. Madge B said the board could table it. Mr. Stanley said if they want to consider the location more, but if they are confident with this location, he believed they could satisfy Code Enforcement with a revegetation plan. Madge asked about the roof runoff. How will you keep the stormwater on site and away from the water? She said at this time they don’t know where the roof line is. Mr. McEvoy agreed, he said right now it is crushed stone, and all away around the outside of the house. He said this was done to slow down the runoff. She said they hoped they addressed it with the new structure as well. She also knew the soil was very pervious. But she added that it was better for the building also. Mr. McEvoy agreed and said again they would be doing something. Mr. Stanley said the lot itself naturally goes away from the lake where the house will be located.

CEO McDonough asked if they took an elevation on the roof? Mr. Stanley said he had, anticipating he would have to certify that.

Roger A. stated the time frame needs to be addressed. He asked if the beginning of September of this year would be a good start date. Mr. McEvoy stated that it would. Roger stated that Best Management Practices had to be in place for the duration of the project. Steve F. stated BMP had to be in place until the foundation is in and the exterior of the house is completed. He said it did not have to be in place to complete the inside of the house. If Code Enforcement has signed off on the revegetation plan, you are done with BMP. Roger agreed, when everything is stabilized on the exterior.

Mr. Stanley said they might want to go out more than 3 months due to all the building activity. He said they may have trouble lining up contractors. Mr. McEvoy asked about a year. The board thought that was better. Mr. McEvoy asked how long the building permit is good for? 2 years? Mrs. McEvoy stated that they wanted 2 years. Roger A. asked if the completion date was September 2020? Madge said, “Correct.”

Madge B. asked if they were going to demo it this spring? Mr. McEvoy said, no. Madge said the start time would be the 1st of September. BMP has to be put into place once the demolition begins.

Roland L. told the applicants that any demolition has to be taken out of town. Roger A. agreed, it can’t be taken to the Transfer Station. You can use Simpson’s or Waste Management, someone can come in and take it out. Madge B. asked if the fire department burns things like this. Steve F. said no, the Fire Dept. has a stack of regulations, therefore, the fire department will not be doing training burns in Shapleigh. Roger said it is due to hazardous materials and verifying the insurance is off the structure.

Steve F. asked what was on site now with respect to vegetation? Mr. McEvoy said he mows it now, there is also raspberry bushes and stone. A small amount of grass. He stated there was a concrete septic tank / leach field up by the trees. Mr. Stanley stated the tank will be repositioned.

Roger A. stated the conditions of permit will be:

Shapleigh Planning Board Minutes – 2-27-18 Page 8 of 16

1) Best Management Practices will be kept in place for the duration of the project until the outside area is stabilized and revegetated as approved by the Code Enforcement Officer. There must be a person certified by the DEP in erosion control practices on site during the project.

2) The project shall be completed and have an occupancy permit by September 1, 2020. If this date cannot be met, the Code Enforcement Officer must approve a new date of completion.

3) Per Shapleigh Zoning Ordinance §105-4, 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.

Maggie M. made the motion to approve the best possible location plan drafted by Joseph Stanley, PLS #2453, dated 2-1-18 for Arthur B. McEvoy, III & Jeanne R. McEvoy for Map 34, Lot 24, with the above stated conditions. Steve F. 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed unanimously.

Nothing further was discussed.

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The Findings of Facts

1. The owner of Shapleigh Tax Map 34, Lot 24 (10 Cherry Road), is Arthur B. McEvoy of 2103 Wakefield Road (P.O. Box 225), Sanbornville, NH 03872.

2. The property itself is located in the Shoreland District and according to the assessor the property contains .45 acres.

3. The detailed project description states: Best Possible Location for a camp rebuild.

4. Received was a survey plan drafted by Joseph L. Stanley, PLS#2453, of LinePro Land Surveying, LLC. The plan depicted Map 34, Lot 24, the existing location of the structure, brick & concrete patio, wood steps, beach area, crushed stone area, 4 Spruce and 1 Maple tree, and approximate septic tank location. The plan also depicted the best practical location of the proposed structure. The existing structure at the closest point to the high water mark is 23.6’; the proposed structure is 40.3’ The existing structure at the closest point to the centerline of Cherry Road is 77.1’; the proposed structure is 64.2’. The existing structure is 9 feet from the lot line of Map 34, Lot 23. The plan also notes that the disturbed area is to be stabilized and revegetated with Erosion Mulch and 4 Blueberry Bushes. The plan notes that currently the existing lot coverage by camp and patio is 8.1%. There is no change to this figure being proposed.

5. Received was a Subsurface Wastewater Disposal System Application, drafted by Wesley Bullard SE #122, dated 9/1/1988. The surveyed plan notes the possible location of a new septic system but no application was provided.

6. The board reviewed Zoning Ordinance §105-4, ‘Nonconformance’, and concurred the application and information as presented met the standards applicable in this chapter. The board concurred the best possible location was to place the structure per the plan provided, moving the structure back 16.7 feet farther from the high water mark from the existing location due to the topography, leaving enough room for parking vehicles on site, leaving room for a new septic tank, considering the existing well location and not having to remove any of the existing trees.

Shapleigh Planning Board Minutes – 2-27-18 Page 9 of 16

7. A notice was mailed to all abutters within 500 feet of the property on February 14, 2018. A meeting was held on February 13, 2018 and February 27, 2018. A site inspection was also held.

8. The Planning Board unanimously agreed to approve the Best Possible Location to replace the existing structure on Map 34, Lot 24, per the plan drafted by Joseph Stanley PLS #2453, dated February 1, 2018, entitled ‘Plan Showing a Site Plan Made for Arthur B. McEvoy, III & Jeanne R. McEvoy, P.O. Box 226, Sanbornville, NH 03872 of Property Located on Cedar Drive in Shapleigh, Maine; moving the structure back 16.7 feet farther from the high water mark from the existing location with three conditions. The plan depicted the structure setback to the high water mark to be 40.3 feet at the closest point and 64.2 feet to the closest point of the centerline of Cherry Road.

9. The conditions of approval are:

1) Best Management Practices will be kept in place for the duration of the project until the outside area is stabilized and revegetated as approved by the Code Enforcement Officer. There must be a person certified by the DEP in erosion control practices on site during the project.

2) The project shall be completed and have an occupancy permit by September 1, 2020. If this date cannot be met, the Code Enforcement Officer must approve a new date of completion.

3) Per Shapleigh Zoning Ordinance §105-4, 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’, a motion was made to approve the Best Possible Location to replace the existing structure on Map 34, Lot 24, per the plan drafted by Joseph Stanley PLS #2453, dated February 1, 2018, showing the structure setback to the high water mark as 40.3 feet at the closest point, and 64.2 feet to the closest point of the centerline of Cherry Road, with three conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Best Possible Location application to replace the existing structure on Map 34, Lot 24, per the plan drafted by Joseph Stanley PLS #2453, dated February 1, 2018, showing the structure setback to the high water mark as 40.3 feet at the closest point, and 64.2 feet to the closest point of the centerline of Cherry Road, with three conditions, was accepted.

Decision:

The Best Possible Location application to replace the existing structure on Map 34, Lot 24, per the plan drafted by Joseph Stanley PLS #2453, dated February 1, 2018, showing the structure setback to the high water mark as 40.3 feet at the closest point, and 64.2 feet to the closest point of the centerline of Cherry Road, was approved.

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Minor Subdivision – 3 Lots – Map 9, Part of Lot 1A (Apple Road & West Shore Drive) – LinePro Land Surveying, Representing; James Chadbourne, Property Owner

Mr. Joseph Stanley of LinePro Land Surveying was present for the review of the application.

Shapleigh Planning Board Minutes – 2-27-18 Page 10 of 16

The preliminary application for the 3 lot subdivision contained the following information:

Name of Property Owner: James Chadbourne of 173 Butternut Trail, Wells, Maine 04090

Name of Authorized Agent: Joseph Stanley of LinePro Land Surveying LLC, 455 Main Street, Springvale, Maine 04083

Land Information:

Location of Property: YCRD Book 16904, Page 325

Shapleigh Tax Map 9, Part of Lot 1A

Current Zoning: General Purpose

Part of the Property lies within 250 of the high-water mark of a pond or river.

Acreage to be

Developed: 9 Acres

Property is not part of a prior subdivision.

There have been no divisions within 5 years.

Existing Use: Wood Lot

The parcel does include a waterbody.

The parcel is not within a special flood hazard area.

Proposed Name of

Development: Hidden Cove

Number of Lots: (3) Three

Date of Construction: Fall of 2018

Date of Completion: Fall of 2019

Infrastructure

Required: No

The property currently has road access.

Estimated Cost of

Improvements: $25,000 – Private Way

Method of Water

Supply: Individual Wells

Method of Sewer

Disposal: Individual Septic Systems

Method of Fire

Protection: Possibly Sprinklers, not certain at this time.

There are no Proposed: Streets

Recreation Areas

Common Land

Requested Waiver(s): To be submitted with sketch plan.

Also provided with the application was a Preliminary plan of the proposed three lot division.

The plan depicted Lot 1 as being 2.00 Acres in size, Lot #2 as being 4.05 Acres in size (2.39 Acres Net); and Lot #3 being 2.62 Acres in size. The plan also had proposed building envelopes and contour lines for Lot #1 and #2, the location of a wetland on Lot #2, as well as a brook that ran through both Lot #2 and Lot #3. The location of Apple Road and West Shore Drive were depicted and the Acton / Shapleigh town line which abuts Lot #1.

On February 13, 2018, Mr. Stanley presented the board members with a formal application package which included a copy of the Warranty Deed showing James R. Chadbourne granting Warranty Covenants to Hidden Cove, LLC, Book 17652 Page 641; a copy of a sample deed for a lot in Hidden Cove; Requested Waivers (will be listed below); a copy of the soils map for the 3 lots, along with explanation of the soils; the lots located on a copy of the USGS map; a Stormwater Narrative which evaluated a 24 hour duration for a 2-

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year, 10-year and 25-year storm event; and a copy of the site plan for boundary retracements of property owned by James R. Chadbourne, located on Red Gate Road, Town Farm Road & Apple Road.

Also provided was a survey plan showing Hidden Cove, A Proposed Minor Subdivision by Hidden Cove, LLC, 173 Butternut Trail, Wells, Maine 04090 of Property Location on Apple Road & West Shore Drive, Shown on Tax Map 9, Lot 1A, Shapleigh Maine, dated February 2, 2018, drafted by Joseph L. Stanley PLS#2453, of LinePro Land Surveyors, LLC. The plan depicts 3 lots; Lot #1 being 2.00 Acres, Lot #2 being 3.94 Acres (2.39 Acres Net), Lot #3 being 2.62 Acres in size. Shown on the plan were a total of 4 Test Pits; Abutter Lines; Overhead Utility Lines; On the Ground Topo Contour Lines 2’ Intervals; LIDAR Contours per Maine Office of G.I.S. – 2’ Intervals; Shoreland Zone lines: Building Setback Lines.

Detailed plans were provided for the construction of the West Shore Drive Private Way, revised through 2-1-18, engineered by Craig A. Burgess PE#12638 of SEBAGO Technics. The plan depicted the actual construction of the Private Way, as well as erosion control measures.

Waivers requested for the project include:

Section 89-30A – Stone Monuments – Capped Survey Irons are proposed to be set at all property corners.

Section 89-30C – Fire Pond / Dry Hydrants – Due to project location near Square Pond, Individual Home Sprinkler Systems are proposed for fire suppression.

Section 89-36M – Sidewalks – No sidewalks are proposed because the project does not fall within an Urban Compact Zone.

Section 89-36I & 89-37A – Paving of Private Way – No pavement is currently proposed on the surface of the proposed Private Way. (Letter of explanation was provided by Joseph Stanley, dated February 2, 2018.)

Roger A. opened the discussion asking Mr. Stanley to briefly explain why his applicant was before the board. Mr. Stanley stated that they were proposing a 3-lot subdivision to be known as Hidden Cove, two lots would be accessed from West Shore Drive, the other Apple Road.

Roger A. stated that at the last meeting the board had asked what Acton was going to require with West Shore Drive.

Mr. Stanley stated that he made copies of the Test Pit Logs for members who did not receive a copy. He noted that they showed each lot had a suitable location for a septic system. He believed the locations currently tested might change since the exact location of the home was not determined at this time.

Mr. Stanley stated that he met with the Town of Acton about their concerns with the end of West Shore Drive. He said several trees will be removed, so they will be able to wing snow 40 to 50 feet further than they are able to at this time. He said they would be improving the end of West Shore Drive to a Class B road standard, he provided members with a copy of that standard. The Town of Acton will have permission to place the snow and it will be shown on the next plan provided for board members. The next plan will reflect where the snow storage is going to be located.

Mr. Stanley stated that he was waiting to hear whether or not the Shapleigh Planning Board was going to require pavement before he drafted the final road plan. He said the engineering would need to be changed if pavement was created, as the existing stormwater plan is engineered for a gravel based road. He said his client was hoping for gravel, as it is less expensive. He also noted that several citizens also requested in an email and at the public hearing that the road remained gravel, as it fits in better with the surrounding area.

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Mr. Stanley stated that he met with Central Maine Power and they had no issue with underground utilities. He stated there would be one pole to feed the two lots coming off of West Shore Drive and one pole to feed the lot on Apple Road.

Road Commissioner John Burnell asked the board if he was going to have to look at the road? Roger A. stated that the board usually asks for the Road Commissioner’s opinion with respect to subdivision private ways. Mr. Stanley stated that he would provide a set of plans for RC Burnell to review. RC Burnell asked if there was a plunge pool for the water runoff? Mr. Stanley stated yes, and a level spreader.

RC Burnell stated that on the Apple Road side he would like to have an agreement with the property owner that the Town of Shapleigh will still be able to use the existing turnaround area with respect to snow plowing, etc. He stated that currently they have permission and he wants to be sure this continues and that it be on paper to be certain it will be an allowed use. He showed the board members on the existing plan the approximate location the Town currently uses to turn around in. CEO McDonough agreed that it should be placed in the deed for the property, so the Town would have a deeded right to use it.

Roger A. asked Mr. Burnell why he didn’t want the turnaround area at the bottom of Apple Road? Mr. Burnell stated that they use a small vehicle at the end of the road, so a larger turnaround area is not required. Roger still thought they needed an area at the end of Apple Road to turn around. Mr. Stanley stated that he would sit with RC Burnell to decide on what location or locations would best serve the Town.

Steve F. asked about topo lines, what was the distance from the beginning of the road to the top? Mr. Stanley stated there was a 12 to 14 foot difference. Steve asked if this was over 300 feet? Mr. Stanley stated that the final pitch is noted in the engineering plan, he wasn’t sure of the exact figure without looking at the plan. He said it was designed to meet the Town’s standard.

CEO McDonough asked if they (the applicant) considered the well location? Mr. Stanley stated that they had not yet done so. He stated there was a limited location for the septic design, so he was not particularly concerned. CEO McDonough wanted Mr. Stanley to know that he did not want a well truck putting the point down by the lake. Mr. Stanley stated that he understood and with the size of the lots finding a suitable well location should not be an issue. CEO McDonough did not want trees or brush removed unnecessarily.

Mr. Stanley asked the board what their thoughts were with respect to paving the private way? Madge B. stated that she read the language in the ordinance and did not think the board could waive the requirement. Madge pointed out under §89-36. ‘Street design standards’, Section A, it states ‘These design standards shall be met by all streets within subdivisions and shall control the roadway, shoulders, curbs, sidewalks, drainage systems, culverts and other appurtenances’. Therefore, she didn’t think the board could waive the requirement to pave, as the word ‘shall’ was used.

Mr. Stanley disagreed, he stated that if you go further and look at Section §89-37. ‘Street construction standards’ for a private way, only 12 inches of aggregate subbase is required, not pavement. Roger A. believed it would be best to pave because some day the homeowners could ask the Town to accept the road, and he thought it should be something that is easily maintained. He also thought because it will be used as road frontage it should be a paved way.

CEO McDonough, addressing Madge’s concern with respect to waiving the requirement, he told her to read Sections 89-53 and 89-54, both addressed the ability to waive a requirement as long as written findings of fact were documented as to why the requirement is being waived. Mr. Stanley again noted with respect to the pavement requirement, the Subdivision Ordinance contradicts itself and he believed with respect to a private way in a minor subdivision, the intention of the ordinance was not to require pavement.

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Steve F. stated with respect to gravel vs. pavement, the Town now plows miles of graveled roads. He also noted that with respect to wondering whether or not the Town would accept the road as a town road, he didn’t think so, because the access is through Acton, so it would not be feasible. What his concern was was whether or not it would be better for managing stormwater runoff, gravel or pavement. He did not feel he had the expertise to make this decision, so he would feel more comfortable if Mr. Stanley got an engineer to state what would be best in this location, pavement or gravel for 300 feet of road. Which is better for water quality?

Roger A. noted that Acton was going to require paving up to the flat spot. He would prefer paving to the top of the road, to the minor road standards. Madge B. asked board members what they thought, did they agree with Steve that the board should ask for an engineer’s opinion or did they agree with Roger? She stated she was leaning toward getting an engineer’s opinion, since she was not an expert in this area. Maggie M. thought paving made more sense, so the road would not get washed out. Roland L. liked Madge’s idea of getting an engineer to comment on this. Madge asked Mr. Stanley if he could request this information? Steve F. said he wanted to know that during a heavy rain event, if the road as designed would wash out, and in the event of heavy rain, what is the best option in this location.

Citizen Nancy Small asked what area they were talking about? Mr. Stanley showed her the location on the plan. Mrs. Small noted that there was quite a distance between the area in question and the lake. Madge B. agreed. Mr. Stanley believed the area in question was at least 200 feet from the pond at the closest point. Madge also reminded members that several neighbors would prefer a gravel road. Mr. Stanley stated that the current engineered plan contained the stormwater on site, preventing it from going toward the lake.

Madge B. asked if the board wanted to discuss anything else this evening. Mrs. Small wanted to know if they would be allowed to put in a beach? Mr. Stanley stated again that they would only be allowed a 6 foot winding path. He said that CEO McDonough and the DEP were very good at enforcing this rule.

Roland L. asked Roger A. to share the correspondence the board received from abutters regarding the application. Roger read the emails received in part as follows:

To Whom It May Concern regarding the Hidden Cove proposal:

As a direct abutter to the proposed development, these are our concerns:

• Why a winter meeting when most abutters are not available?

Roger stated that applications are reviewed when received.

• We want a guarantee that West Shore Drive will never be allowed to go through, and connect to Apple Road. We want to keep WSD a dead end street, which is something that attracted us to our property. According to conversations I had with your dad, your parents spent a great deal of time and money to prevent WSD from going through, he did not want through traffic.

Roger stated that he did not foresee this happening because whoever buys the property would not likely want a road going across their property and a right-of-way across a property would reduce the size of the building envelope. These lots are not that large. He said regardless, if a road was proposed it would have to come before the board for review due to the amount of gravel being moved. He added that it was impossible to predict the future.

• What are the plans to control runoff, both during construction and as a permanent solution?

Roger stated that this is being addressed with the engineering plans, as well as with Code Enforcement oversight during the building process and the DEP.

• What will the ROW to the lake consist of? Will the access road / driveway be gravel or asphalt?

Roger stated this has not been determined at this time.

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• We want to see a gravel road, as water can percolate through and absorb water before making its way to the water/pond and it is more aesthetically pleasing. Asphalt would allow oil runoff from cars, and water will travel faster over it during heavy rainfall. Asphalt driveways can break down along edges just as gravel may.

Roger A. stated that in his opinion the private way is a road and should be paved. He noted he was only one member and the board would have to decide. Mr. Stanley stated that he felt this access was classified differently than a town road, it was the lowest demand that the Town considered for adequate frontage. He believed it only needed to be adequate access. He also added that on the plan it will state that the Town will not accept the road and only these two lots will have access. Roger stated that the road had to be such that emergency vehicles could easily access the homes.

• Please add a restriction that construction work will only take place Monday through Friday, and will not begin before 7:00 a.m., and will finish by 4:00 p.m.

Roger A. stated that the board did not tell someone building a house when they could begin and when it should end. With these lots the houses may not be built for five years or more, the board has no idea. He said everyone who had a home already built was not limited on when the construction could take place. Madge B. did not see why the Board couldn’t restrict construction time, stopping it before 10:00 p.m. Steve F. agreed and stated it could be in the deed as a deed restriction. Madge added that sound travels very easily across the lake and understood the concern.

• Please add a restriction that all construction vehicles must approach the construction zone from the rear of the proposed development.

Roger A. stated the construction vehicles would be using the shared driveway.

• Why not use the land and harvest the mature hard woods, and then deed it as conservation land, we are losing the aquifer.

Roger A. stated the lots are too small to have both a house and an area for conservation. There would not be enough room for a building envelope.

• Finally, my 9-year-old granddaughter wants to know why this has to be near the cove.

Roger A. stated it was up to the applicant and people liked to be near the water.

Regards, Jerry and Susan Cronin

‘’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’

Dear Mr. Allaire & Planning Board:

This is regarding the letter I received about an application for a 3 lot subdivision (to be known as “Hidden Cove”) with Lot 1A.

There are several things I would like the Planning Board to know:

1) I am definitely against connecting Apple Road with West Shore Drive. This would drastically impact our property at 148 Apple Road by increasing road usage. Apple Road has always been a very quiet dead end road and this has been an important aspect of our property. Connecting Apple Road with West Shore Drive would dramatically change this in a negative way.

2) The cove is very shallow & filled with aquatic plants during the spring & summer which serves as a vital nursery for fish. Disturbing the cove’s delicate aquatic habitat is something I am against.

3) There is a stream that flows into the cove. Disturbing this stream would have a negative impact on the cove. I am against disturbing this stream.

4) There is a small wetland that the stream flows through and feeds. I am against disturbing this wetland area.

Thank you for notifying me about this proposed 3 lot subdivision and allowing me to make my concerns known.

Sincerely, Jay J. Johnson

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

Steve F. stated he was looking for an engineer’s opinion regarding gravel vs pavement, not a revised plan at this point.

Roger A. stated that the revised subdivision plan would need to have the area placed on it for the Shapleigh road crew to be able to turn around. Roger stated that they also needed the Acton road information, what Acton was requiring the applicant to do on West Shore Drive.

Steve F. asked who would be responsible for maintaining the turnaround? Roger A. stated, “The applicant.” Mr. Stanley stated that they would make the turnaround to whatever specification RC Burnell wanted.

Roger A. stated that he was concerned, after looking at Acton’s Class B road standards, with the fact the road is built to sustain a 60,000 GVW and the average cement truck weighs 100,000 GVW. Mr. Stanley stated that they can prepare the road and hold off on paving until after the heavy trucks are finished.

CEO McDonough asked if there was going to be a new turnaround at the water’s edge on Apple Road? If so, he wanted details to be sure there would not be stormwater runoff going into the lake. Steve F. agreed, if it is improved the board would want a plan to know the gravel will stay there and that it will not wash into the lake. Roger A. believed the turnaround would be at least 50 feet away from the cove.

Madge B. made the motion to table the application pending further information. Steve F. 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed unanimously.

Nothing further was discussed.

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OTHER:

Roger A. stated that with respect to doing a workshop with Mr. Scott Williams of the Maine Volunteer Lake Monitoring Program, he felt it would be better for Mr. Williams and board members if the workshop was done on an evening that was not a Planning Board meeting night. Members agreed and stated that if they knew ahead of time they could come in during the day. Barbara F. stated that she would contact Mr. Williams and see if this would be best for him and what date would work.

Note: Mr. Williams liked the idea and the workshop is being set for Tuesday, April 17th at 1:00 p.m. Barbara will post a notice when the date gets closer.

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Growth Permits

Map 1, Lot 1 – Deering Ridge Road – New Home GP #02-18

The lot straddles both Shapleigh and Springvale, almost equally, having 200 feet of road frontage in Shapleigh containing 1.66 acres. Members agreed that the lot can be built upon as long as the applicant can meet setback requirements.

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The Planning Board meeting ended at 8:20 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, March 13, 2018 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 planningboard@shapleigh.net