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April 25, 2018

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, April 24, 2018

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

The Planning Board gave CEO Steven McDonough a send-off on April 10th after their meeting, as he will be moving on to another town for employment after 20 years with Shapleigh. Steve told the Planning Board and wanted it conveyed to all townspeople what a pleasure it was working for the Town of Shapleigh. He is leaving his position on a positive note and wants to thank everyone for supporting him in his position. Thank you Steve!

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Minutes are not verbatim, unless in quotes “”

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The minutes from Tuesday, April 10, 2018 were accepted as read.

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

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Conditional Use Permit – Replace Wall & Stairs – Map 25, Lot 20 (1 Water’s Edge) – Frederick Lorensen & Mary Ann Mills, Property Owners & Applicants; Caleb Chessie, Representing & Contractor

Mr. Chessie was present for the review of the application. Note: Board members did a site inspection prior to this evenings meeting. Ann H. sat in as a regular member this evening due to the absence of Madge B.

Along with the application, provided to members was a sketch plan depicting the existing camp, 2 trees that needed to be removed, along with a possible third tree; the retaining wall that has fallen and needs to be replaced, along with the existing retaining wall that will remain. Also provided were pictures of the existing failing wall and an engineered plan drafted by Eric Merluzzi, P.E. #13003 for the replacement precast wall, plan entitled ‘Lorensen Residence Wall Replacement’. This plan depicted the construction of the new wall and had notes for Site Preparation, Leveling Pad & Bottom Block Wall Drain, Backfilling & Compaction, and General Wall Layout & Construction. In addition, a memo from Eric Merluzzi, P.E. stated in part that ‘Wall #1 would have an area of 305 SF and length of 38LF.

The detailed application description of the project is as follows: Replace existing wall that fell over, see plan.

For this evenings meeting, received by the Land Use Secretary, Barbara F., was an email from Mr. Frederick Lorensen, property owner, which stated the following:

As requested, I am pleased to give Caleb Chessie permission to represent us to acquire a Conditional Use permit to replace an existing wall that fell over at our property on Mousam Lake – Map 24, Lot 20 (1 Water’s Edge). Please do not hesitate to contact me if you have any questions, or need additional information.

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Shapleigh Planning Board Minutes – April 24, 2018 Page 2 of 7

Roger A. asked Mr. Chessie, for the record, to state what the applicants were going to be doing. Mr. Chessie stated, “They want to replace the retaining wall, 22 feet long by 5 feet high. Put a slab on top that was existing. Use erosion mulch to prevent erosion, and we will build a retention area like we talked about at the site inspection”. Ann H. called it a rain garden. Mr. Chessie stated that he would also like to remove three trees but he wasn’t sure what the board thought about the third tree. Mr. Chessie didn’t think what he was doing would affect it but he was not sure. Ann H. believed the tree should stay. Mr. Chessie thought since the equipment would be on site, it might be best to remove it at the same time as the other two, in case it didn’t survive.

Steve F. stated his concern was soil retention and water quality. He said if the long term outlook of the tree is dismal, then it makes sense to take it down. He said if it comes down the roots will remain for some time but it appeared the small retaining wall is letting go, so he was concerned with adding to the problem instead of fixing the stormwater problem. If fixing the small wall and incorporating the tree in this area goes into the plan, he didn’t see a problem but the existing plan would need a revision.

Maggie M. didn’t believe it would be much of a revision, since the plan stated this tree might be removed. Steve F. stated the small wall was more of his concern. He said if you remove more things from the site, you get more erosion. Roland L. noted that the canopy of the tree is helping to diffuse some of the rain that comes down. He said that is what the board wants. He said he would support the tree coming down if when they remove the top of the slab, Mr. Chessie sees that he is affecting the root structure and it will compromise the tree. But he felt taking it down just because it is there, noting none of the board members are arborists, that the tree could be fine. He said if an arborists does a core study and says within five years the tree will be gone, then ok. But he did not feel the board was qualified to make the decision. Steve said if they were going to do that, then he would want someone to come in to help the board deal with roof water. He felt something more than a rain garden might be needed to take care of the stormwater coming off the roof. He thought whether the tree is there or not it didn’t change the value of the camp, but the goal is to protect the lake. Steve believed if the third tree was coming down, the applicant would need something more rigorous or well thought of, to capture the water coming down the hill. He did understand it would be easiest to do it while the equipment was on site to do the project vs later on; but looking at the roof lines, with no gutters, the water goes right down the boat ramp into the lake. He said there was no water retention and it is a steep grade, so not much room to fix the problem but there are ways to do it, created by people who know how to mitigate stormwater. He didn’t feel qualified.

Steve F. asked Mr. Chessie if he wanted to speak with his clients? Mr. Chessie stated he just wanted to do the wall.

Roger A. asked when the wall project would begin? Mr. Chessie stated that he wanted to get started within a few weeks. Steve F. stated the Permit by Rule had to be obtained. Mr. Chessie stated that if he gave the DEP the information they requested tomorrow, they said he would have approval. Barbara F. noted that the CEO gets a copy of the PBR via email when it is completed. Roland asked Barbara if she had access to the CEO’s email. She stated no, but noted there is a CEO in Shapleigh three days a week.

Steve F. asked with respect to adding a rain garden to the plan, did the board have any thoughts? Ann H. pointed to an area on the plan where it might work best. Mr. Chessie said he would grub it out to the soil that will drain, and perhaps line the area with rock. Roger A. said the water has to percolate thru, so this would work. Mr. Chessie thought they would not want loam. Roger stated, correct. He said even with stone it can get contaminated with leaves and silt, and when there is a heavy rain it will no longer work. Roland L. agreed and he felt educating the homeowner that if it is maintained it will continue to work as constructed, would be wise. He noted that where he lives, there is 100 feet of ditching with rip rap along his private road,

Shapleigh Planning Board Minutes – April 24, 2018 Page 3 of 7

and he uses a leaf blower from time to time, in doing this it has kept the water in the ditch going into the ground. He said if they occasionally rake it, it will continue to work.

Ann H. said from a liability standpoint the ditch needs to be gradual, so no one falls into it. Ann asked Mr. Chessie to place on the plan the location of the two rain gardens. Mr. Chessie also placed the location for erosion mulch. Steve F. told Mr. Chessie that if he wanted assistance with the rain gardens he could contact the Acton/Shapleigh YCC and they could give him some advice on what would work best. Roland L. stated that he believed whatever Mr. Chessie did would be an improvement over what is there now. He felt the work will benefit the lake in the long term.

Roger A. asked what the completion date would be? Mr. Chessie asked if he could say June. Roger asked if a completion date of June 15th would work? Mr. Chessie stated, “Yes”. Mr. Chessie asked if the board would come back out and look at it. Roger stated, “No the CEO does”.

Roger A. said the actual slab on the top of the wall would be 8’ x 8’ but no greater. Mr. Chessie didn’t think it was that large. Roger thought it was at least 7 ½ x 7 ½ feet, based on the site inspection. Mr. Chessie stated that it would not be any bigger than 8’ x 8’.

Mr. George Rankin, the neighbor to this project, asked if there was any way the board could put into the approval that the rain gardens be maintained? He understood it was hard to enforce, and often properties along the lake have multiple owners, and they come for a week and only want to enjoy themselves. They would not want to be raking. Steve F. said that was the problem with the board doing what they do, is having it monitored long term. Mr. Rankin thought they might do something for several years if it were in the approval. Roger A. stated the board could make it a condition but agreed often with respect to conditions they are not adhered to. Barbara F. agreed, but if it is in writing and someone has a complaint, Code Enforcement has something to refer to, otherwise, there is only say-so.

Roger A. agreed the board could put the condition that the rain garden be cleaned yearly. Mr. Rankin understood the board could not police it but maybe they will do it?

Steve F. asked if the project required a building permit? Roger A. said, “Yes”.

Roger A. stated that Best Management Practices will need to be maintained for the duration of the project and it needs to be done by someone licensed by the DEP. Roger knew Mr. Chessie was licensed but wanted it noted and it would be a condition of approval. This way whoever was taking out the permit, they would have to show their license to the CEO to get the permit. Roger added that BMP must be maintained until the bark mulch is down and the area is stabilized.

Roger A. stated with respect to tree replanting, any tree taken out must be no further from the water than what it was. The tree needs to be six feet in height, and if two are removed, two need to be replaced. He said if the 3rd comes down, that will have to be replaced as well. Roland L. asked if the board was going to leave it up to Mr. Chessie as to whether or not it should be removed? Roger said he can discuss it with the CEO if it needs to come out. Steve F. didn’t want the area open, he felt the groundwork should be placed into the approval, so the CEO would be brought up to speed about what the board discussed. Steve F. didn’t want an open site for two weeks waiting for the board to amend the plan. Roger said he had no issue with removing the tree. He said due to the type of tree, scrub pine, he didn’t think the tree would last. Steve asked what Mr. Chessie thought? Steve asked if the tree came out, would the stump stay? Mr. Chessie said, yes, and he didn’t want to touch the small wall. Steve said a tree would need to be replanted in the vicinity where the existing tree is.

Shapleigh Planning Board Minutes – April 24, 2018 Page 4 of 7

Roger A. also noted that with the change in the ordinance at the past Town Meeting in March, trees are to be planted at least 5 feet from the property line, not on the property line. Mr. Chessie asked again about the distance from the water for the new trees. §105-4.D(7)(b)[1][(a] states in part, ‘Replaced trees must be planted no further from the water or wetland than the trees that were removed’.

Roger A. stated the tree doesn’t have to be in the exact same location but in the same general area. Ann H. believed it could go on the other side of the property. Steve F. was concerned with the trees destabilizing the new wall. Maggie M. wondered about the area where the rain gardens would go. Roger said once the excavator is removed, there will be a spot to plant the trees. Mr. Chessie agreed. Steve thought placing a rain garden, tree, rain garden, tree, it might stabilize the area. He noted the area they were speaking about was very small. Ann H. agreed and didn’t want to create a problem that would knock the wall down five years from now.

Roger A. stated the conditions of approval are as follows:

1) Best Management Practices will be maintained until the project is completed which includes stabilization of the entire area affected. A person licensed in erosion control practices by the MDEP must be on site during the project until the area is stabilized and completed.

2) Two trees shall replace the two trees being removed. These trees must be six feet in height from the ground to the top of the tree, and they shall be a tree native to the area.

3) The project shall be completed by June 15, 2018. If this date cannot be met, a new date must be agreed upon by the Code Enforcement Officer.

4) The two rain gardens shall be maintained to make certain they are able to mitigate stormwater as designed. This shall include a minimum of being raked out once a year to remove any debris that would prevent stormwater from easily filtering into the ground.

The applicant or representative for the project shall obtain a building permit prior to beginning the project.

Steve F. made the motion to approve the Conditional Use Permit to replace the existing 22 feet long by 5 feet high retaining wall per the plans provided with the above stated conditions. Ann H. 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed unanimously.

Roger A. asked Mr. Chessie if he had any questions? Roger said that as of today, the tree is staying. Mr. Chessie stated, “OK”. Roger said if when he is digging and discovers he will damage the tree roots to the point it will not survive, then he can go to the CEO and tell him the board was aware of the possibility because it is noted in the minutes.

Ann H. asked if there should be a condition that the applicant can take it out at his discretion? Roland L. did not think the tree would have to be removed. Mr. Chessie said the tree guy will be there and he would rather just have him take all three at once. Ann asked if the trees had to come out before he was digging for the wall? Mr. Chessie stated, “Those two have to come out, but it was just going to be cheaper for everyone to take the 3rd now. If I get digging and it has to come out, then I have to go to another job while the tree guys come back. That is my thought”. Ann said she understood.

Roger A. stated again he had no issue with the tree being removed. Mr. Chessie asked if he should ask the applicants about putting gutters on the camp? Steve F. said if they want to modify their plan, having the rainwater go from the roof, into the gutter, and then the rain garden, instead of shedding down and running straight into the lake, doing this in order to remove the third tree, then he would have no problem. He said again, this becomes a maintenance issue. Roland L. noted it is easier to keep a gutter clean now with the use of the gutter helmets. He said the up-front cost is a little more, and he was against it initially but he had them

Shapleigh Planning Board Minutes – April 24, 2018 Page 5 of 7

installed and they work well. Pine needles and leaves don’t collect. He said he was still not sold on the idea of removing the tree.

Ann H. asked what the other members thoughts? Maggie M. said if it is discovered that the roots will be affected and the tree will die anyway, why not remove it just in case? She said it is right next to the house, if it dies will it fall onto the house? Steve F. said if in six months the owners are concerned the tree will hit

their house, they can go to the CEO and get a permit to have it removed. Steve said if people want to take a tree down they will find a way to do it. Roland said the board should review the section of the ordinance that talks about tree removal. He felt the board has been lax in requesting the use of an arborist to make the determination. Roland L. referred the board to §105-51.1 ‘Hazard trees, storm-damaged trees, and dead tree removal’. He read Section A(4) ‘The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Zone.’ He thought it was also noted in another area of the ordinance as well but he wasn’t sure.

Mr. Chessie stated that at this point he felt the tree was staying. Roger A. stated the motion would stay as approved.

Nothing further was discussed.

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The Findings of Facts

1. The owners of Shapleigh Tax Map 25, Lot 20 (1 Water’s Edge), are Mary Ann Mills of 266 Albright Ave., Stratford, CT 06497, and Frederick Lorensen of 547 Demmler Drive, Pittsburgh, PA 15237.

2. The property itself is located in the Shoreland District and according to the assessor the property contains .26 acres.

3. The application description reads as follows: Replace existing wall that fell over, see plan.

4. Received was a sketch plan depicting the existing camp, 2 trees that needed to be removed, along with a possible third tree; the retaining wall that had fallen and needs to be replaced, along with the existing retaining wall that will remain.

5. Received were pictures of the existing failing wall and an engineered plan drafted by Eric Merluzzi, P.E. #13003 for the replacement precast wall, plan entitled ‘Lorensen Residence Wall Replacement’. This plan depicted the construction of the new wall and had notes for Site Preparation, Leveling Pad & Bottom Block Wall Drain, Backfilling & Compaction, and General Wall Layout & Construction. In addition, a memo from Eric Merluzzi, PE, stated in part that ‘Wall #1 would have an area of 305 SF and length of 38LF.

6. Received was an amended sketch plan, dated 4/24/18, which added two rain gardens and erosion control mulch to the plan in the area where two trees shall be removed.

7. The board reviewed the pertinent sections of the Zoning Ordinance and concurred the application and information as presented met the performance standards, with conditions.

8. A notice was mailed to all abutters within 500 feet of the property on April 11, 2018. Meetings were held on April 10, 2018 and April 24, 2018. A site inspection was done on April 24, 2018 by members.

Shapleigh Planning Board Minutes – April 24, 2018 Page 6 of 7

9. The Planning Board unanimously agreed to approve the Conditional Use Permit to replace the existing retaining wall, 22 feet long by 5 feet high per the engineered plans drafted by Eric Merluzzi, PE #13003, dated March 1, 2018, and sketch plan dated 4/24/18, on property known as Tax Map 25, Lot 20, with conditions.

10. The conditions of approval are:

1) Best Management Practices will be maintained until the project is completed which includes stabilization of the entire area affected. A person licensed in erosion control practices by the MDEP must be on site during the project until the area is stabilized and project is completed.

2) Two trees shall replace the two trees being removed. These trees must be six feet in height from the ground to the top of the tree, and they shall be a tree native to the area.

3) The project shall be completed by June 15, 2018. If this date cannot be met, a new date must be agreed upon by the Code Enforcement Officer.

4) The two rain gardens shall be maintained to make certain they are able to mitigate stormwater as designed. This shall include a minimum of being raked out once a year to remove any debris that would prevent stormwater from easily filtering into the ground.

11. Additional requirement:

• A building permit must be obtained from the Code Enforcement Officer, prior to the construction of the new wall.

Motion:

After careful consideration and a review of all material presented to the Board, a motion was made on Tuesday, April 24, 2018, to approve the Conditional Use Permit to replace the existing retaining wall, 22 feet long by 5 feet high per the engineered plans drafted by Eric Merluzzi, PE #13003, dated March 1, 2018, and sketch plan dated 4/24/18, on property known as Tax Map 25, Lot 20 with four conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit to replace the existing retaining wall, 22 feet long by 5 feet high per the engineered plans drafted by Eric Merluzzi, PE #13003, dated March 1, 2018, and sketch plan dated 4/24/18, on property known as Tax Map 25, Lot 20 with four conditions, was accepted.

Decision:

The Conditional Use Permit to replace the existing retaining wall, 22 feet long by 5 feet high per the engineered plans drafted by Eric Merluzzi, PE #13003, dated March 1, 2018, and sketch plan dated 4/24/18, on property known as Tax Map 25, Lot 20 with four conditions, was approved.

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Minor Subdivision – 3 Lot Subdivision to be known as Hidden Cove – Map 9, Part of lot 1A (Apple Road & West Shore Drive) – LinePro Land Surveying, Representing; James Chadbourne, Property Owner Mr. Stanley, nor Mr. Chadbourne attended the meeting, therefore, the application was tabled until the next meeting on May 8, 2018.

Shapleigh Planning Board Minutes – April 24, 2018 Page 7 of 7

Growth Permits

Map 6, Lot 39A (Gulf Road) DENIED

The board reviewed the lot and deed, and were unable to approve it at this time due to the fact there was no evidence of 200 feet of road frontage for this lot, as specified in Zoning Ordinance Section 105-18 ‘Dimensional Requirements’. In addition, there is no proof that the 30 foot deeded right-of-way is up to the town standards for access, that being the Town’s standards for a Private Way to access a single lot, Zoning Ordinance Section 105-60.1 ‘Private ways’.

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The Planning Board meeting ended at 8:45 p.m.

NOTE: The summer hours are in effect beginning the first meeting in April, the meetings will begin at 7:30 p.m. and public hearings will be held at 7:00 p.m.

The next meeting will be held Tuesday, May 8, 2018 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