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Shapleigh Planning Board

Minutes

Tuesday, August 28, 2018

Members in attendance: Roger Allaire (Chairman), Steve Foglio (Vice Chairman), Madge Baker, Roland Legere, Maggie Moody and Alternate Ann Harris. Code Enforcement Officer Mike Demers was also in attendance.

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Minutes are not verbatim, unless in quotes “” – If the name of a citizen making a comment was not requested by the Planning Board Chairman, the reference to their name will be known as ‘Citizen’.

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Public Hearing began at 7:00 p.m.

Conditional Use Permit – Office for Property Maintenance & Excavation Business – Map 18, Lot 32 (112 Emery Mills Road) – Paul & Bob Muse, Applicants

Paul Muse was in attendance for the public hearing.

Roger A. opened the public hearing by asking Mr. Muse what he intended to do. Mr. Muse stated that he would like to put up a sign and use his office to start a new business.

Roger A. stated that there appeared to be no changes to what is in existence now, meaning it is the same office space, parking area is the same, and no equipment will be stored on site. Roger asked what the hours of operation would be? Mr. Muse stated that he would have hours by appointment on Saturday. Roger stated that if he thought he might have clients come in during the week it would be best to add hours, in case in the future he found the need to have them. Mr. Muse agreed to state the hours of operation as 7:00 a.m. to 5:00 p.m., six days a week, Monday thru Saturday.

Madge B. asked if there would be any changes to the lighting outside? Mr. Muse stated there would be none. He noted he changed the existing lights from regular to LED, but he didn’t add any.

Madge B. asked if the sign would be the same size? Roger A. stated the sign would be going thru the CEO.

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

The public hearing ended at 7:05 p.m.

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The minutes from Tuesday, August 14, 2018 were accepted as read.

The Planning Board meeting started at 7:30 p.m.

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Page 1 of 14

Shapleigh Planning Board Minutes – August 28, 2018 Page 2 of 14

Roger A. moved the order of review, due to the minimal amount of time it would take to review the new application vs. the final review of existing applications.

Conditional Use Permit – Home Occupation for Dog Grooming – Map 38, Lot 24 (16 Mann Road) – Jessica Brandis, Applicant; Dan Brandis, Property Owner

Mr. & Mrs. Brandis were both present for the review of the application.

In addition to the application, provided was a sketch plan of the existing home, depicting the grooming area within the home to be used, the location of the parking area and driveway, as well as the location of the existing well and leach field. Also on file is a copy of the Subsurface Wastewater Disposal System Application, drafted by John L. Murphy, SE #16, dated 10/31/1998.

The detailed description of the project is as follows: Dog grooming, washing, blow drying, haircuts on all type of dogs. Turning spare bedroom into grooming spa.

Roger A. asked the applicants to let the board know what they wanted to do. Mrs. Brandis stated that they wanted to open a grooming salon for dogs and cats, and they wanted to call it Grand Paws Pet Spa. She said they would be grooming all kinds of dogs and cats, and they wanted to have a small sign out front. She stated they would dispose of waste at the transfer station. Roger noted that the sign will be permitted through the Code Enforcement Office.

Roger A. asked what the hours of operation would be? Mrs. Brandis stated they would be open from 8:00 a.m. to 7 p.m., Monday thru Saturday. Mr. Brandis stated it would mostly be by appointment, but they would allow for a limited amount of walk-ins.

Roger A. asked if there would be a fenced area outside or would they all be inside? Mrs. Brandis stated they would be inside only, except for going to and from the vehicle or to go to the bathroom, for that they would be on leash.

Ann H. asked if Mrs. Brandis would be the only groomer? She stated yes, but her husband would be helping her as well.

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

Roger A. stated a site visit would be scheduled for Tuesday, September 11th at 6:30 p.m., and a public hearing at 7:00 p.m. on that evening. The final review will be brought up at the meeting to follow at 7:30.

Roger A. stated at the site visit the board members will be looking at the parking area and where the grooming will actually take place. Mr. Brandis asked if the area had to be all set up. Roger A. stated, “No, we just need to know where it is going to take place”. Madge B. added that the board will want to know how many animals will be groomed in a day. Mrs. Brandis stated that they were hoping for six a day. Madge said they needed to know how many cars would be coming in. Mrs. Brandis stated they would not have more than 3 pets at a time. Mr. Brandis stated that they would be dropping them off and leaving. Nothing more was discussed.

Shapleigh Planning Board Minutes – August 28, 2018 Page 3 of 14

Conditional Use Permit – Office for Property Maintenance & Excavation Business – Map 18, Lot 32 (112 Emery Mills Road) – Paul & Bob Muse, Applicants

Paul Muse was in attendance for the final review of the application.

Previously received, in addition to the application, was a sketch plan depicting the existing 26 x 40’ building, formerly used for Emery Mills Energy. The sketch plan depicted the distance from the building to the lot lines, the location of the well and septic system and the location of the existing sign.

On the application, the detailed description of the project is as follows: This is the old Emery Mills Energy. Replace existing sign with a new sign for business. Muse Brothers – Property Maintenance & Excavation, Snow Plowing.

Roger A. asked Mr. Muse to explain once again what he wanted to do, in case there was someone in the audience that missed the public hearing. Mr. Muse stated that he and his brother wanted to use the location for their old business, Emery Mills Energy, to operate their new business that would be a property maintenance and excavation business for the lakes region. He stated there would be no equipment stored on site, the equipment will be stored in Acton.

Roger A. stated that on the old permit for this location the hours of operation were 7:00 a.m. to 5:00 p.m., Monday thru Friday and 7:00 a.m. to 1:00 p.m. on Saturday. He said the new hours will be 7:00 a.m. to 5:00 p.m., Monday thru Saturday. Roger then read the other conditions for the old CUP, they are as follows:

1. Signage to be approved by the Code Enforcement Officer.

2. No trucks to be parked overnight on the property.

3. Planting to take place no later than September 30, 2000 seeded and restored.

4. Entrance and exits to be no greater than 26 feet.

Roger A. noted the entrance and exit size is also in the ordinance.

Roger A. did not see any other issues, as this office has been in existence and there are no changes to the site or use of the property. The existing conditions pertaining to this business will remain.

The conditions of approval are:

1) The hours of operation shall be 7:00 a.m. thru 5:00 p.m., Monday through Saturday.

2) No trucks to be parked overnight on the property. No maintenance or excavation equipment to be located on the property.

3) Signage shall be permitted through the Code Enforcement Office.

4) No changes to the existing entrance and exits without Planning Board approval.

5) Any additional businesses using the office space will need approval by the Planning Board, as an amendment to this Conditional Use Permit.

Shapleigh Planning Board Minutes – August 28, 2018 Page 4 of 14

Madge B. moved for approval with the stated conditions, to allow for the use of the existing office building for the applicant’s property maintenance and excavation business, on Map 18, Lot 32. Maggie M. 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(s) of Shapleigh Tax Map 18, Lot 32 (112 Emery Mills Road), are listed as Paul & Robert Muse, P.O. Box 157, Acton, Maine 04001.

2. The property is located in the General Purpose District and according to the assessor, the property contains .51 acres.

3. The applicant is before the board to open an office for a Property Maintenance and Excavation Business.

4. Received from the applicant in addition to the application was a sketch plan depicting the existing 26 x 40’ building, formerly used for Emery Mills Energy. The sketch plan depicted the distance from the building to the lot lines, the location of the well and septic system and the location of the existing sign.

5. The detailed description of the proposal is as follows: This is the old Emery Mills Energy. Replace existing sign with a new sign for business. Muse Brothers – Property Maintenance & Excavation, Snow Plowing.

6. The board reviewed the Basic Performance Standards for this site location and office space and concurred the application met all the standards imposed, as no changes are being made to the property or structure.

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. No changes are being made to the existing structure, office space or parking area. The only change is the type of business using the office space.

8. A notice was mailed to all abutters within 500 feet of the property on August 15, 2018. Meetings were held on August 14, 2018 and August 28, 2018. A site inspection was not necessary because the board members were very familiar with the location. A Public Hearing was held on August 28, 2018.

9. The Planning Board unanimously agreed to approve the Conditional Use Permit to operate a Property Maintenance and Excavation Business out of the existing office space located on Map 18, Lot 32, per the plan provided with conditions.

10. The conditions of approval are:

Shapleigh Planning Board Minutes – August 28, 2018 Page 5 of 14

1) The hours of operation shall be 7:00 a.m. thru 5:00 p.m., Monday through Saturday.

2) No trucks to be parked overnight on the property. No maintenance or excavation equipment to be located on the property.

3) Signage shall be permitted through the Code Enforcement Office.

4) No changes to the existing entrance and exits without Planning Board approval.

5) Any additional businesses using the office space will need approval by the Planning Board, as an amendment to this Conditional Use Permit.

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, August 28, 2018, to approve the Conditional Use Permit to use the existing office space for a Property Maintenance and Excavation Business, to be located on Map 18, Lot 32, per the plan provided and with five conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit to use the existing office space for a Property Maintenance and Excavation Business, to be located on Map 18, Lot 32, per the plan provided with five conditions, was accepted.

Decision:

The Conditional Use Permit to use the existing office space for a Property Maintenance and Excavation Business, to be located on Map 18, Lot 32, per the plan provided with five conditions was approved.

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Conditional Use Permit – Placing a Modular Home in the Shoreland District (§105-17) – Map 40, Lot 30A (Granny Kent Pond Road) – Lee Melvin – Arundel Homes, Applicant; Heather Hawkins, Elizabeth McDowell, Property Owners

Mr. Melvin was present for the final review of the application. Board members did a site inspection prior to this evenings meeting.

Previously received, in addition to the application, was a sketch plan depicting the proposed location of the modular home in relation to the lot lines, as well as where silt fencing will be placed, bark erosion control, a stone area for roof runoff, and the area for the new septic system. All new structures shall be beyond the 100 foot line to the high water mark.

Also provided was a letter from the property owners stating that Mr. Melvin could represent their interest, along with a copy of the Subsurface Wastewater Disposal System Application dated 8-29-16, drafted by Kenneth Gardener, SE #73.

On the application, the detailed description of the project is as follows: 1175 SF single family ranch style home, 2 bedroom, w/walkout basement, and 8’ x 16’ deck.

Shapleigh Planning Board Minutes – August 28, 2018 Page 6 of 14

Roger A. asked Mr. Melvin to let the board know what they intended to do. Mr. Melvin stated they were putting in a 28’ x 42’ single story ranch with an 8’ x 16’ deck on Granny Kent Pond Road. He stated there would be a walkout basement, they were 120 feet from the water and they would be meeting all the setbacks. This would be a single family residence.

Roger A. stated the reason the application is before the board is because under §105-17, any modular home in the Shoreland District requires a conditional use permit. Roger stated §105-41 also speaks about modular homes in the Shoreland District and the requirements. Mr. Melvin did not agree that this structure should be reviewed as it is like any other stick built house in his opinion. Roger noted that most of §105-41 was for the review of mobile home parks, but the section does talk about setback requirements and this structure will meet the requirements in the ordinance, that are listed under §105-18.

Roger A. stated there is no road issue. Roger stated that the applicant would need to be sure best management practices were used during the project. Mr. Melvin stated they would be using a silt fence and erosion control chips. Roger didn’t see any other issues or conditions for this project.

Roger A. asked if there were any other comments or questions? There were none.

The conditions of approval are:

1) Best management practices shall be kept in place until the project is completed, which includes the revegetation / stabilization plan.

2) A building permit must be obtained by the Code Enforcement Officer before any work shall begin.

Madge moved for approval of the application to place a modular home in the Shoreland District on Map 40, Lot 30A, with the 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(s) of Shapleigh Tax Map 40, Lot 30A (Granny Kent Pond Road), are listed as Heather Hawkins & Elizabeth McDowell, 65 Applegate Lane, Falmouth, Maine 04105.

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

3. The applicant is before the board to place a modular home in the Shoreland District.

4. Received from the applicant in addition to the application was a sketch plan depicting the proposed location of the modular home in relation to the lot lines, including distance to the high water mark, parking area location, stairs to the water, and the area for the new septic system. All new structures shall be beyond the 100 foot line to the high water mark.

Shapleigh Planning Board Minutes – August 28, 2018 Page 7 of 14

5. Received from the applicant was a sketch plan depicting a stone grid alongside the proposed structure, a loam and seeded area in the location of the proposed septic system, an area of bark mulch placed on the water side of the property, and the location of the silt fence to be used.

6. Also provided was a letter from the property owners stating that Mr. Melvin could represent their interest, and a copy of the Subsurface Wastewater Disposal System Application dated 8-29-16, drafted by Kenneth Gardener, SE #73.

7. The detailed description of the project is as follows: 1175 SF single family ranch style home, 2 bedroom, w/walkout basement, and 8’ x 16’ deck.

8. The board reviewed the Zoning Ordinance §105-18 ‘Dimensional requirements’ for the proposed site location for the modular home and concluded it met the requirements in the Shoreland District.

9. The board reviewed Zoning Ordinance §105-41, ‘Manufactured housing units and manufactured housing unit parks’ and concurred the manufactured housing unit met the standard requirement for site built housing, additionally all requirements pertaining to manufactured housing units in a mobile home park do not apply.

10. A notice was mailed to all abutters within 500 feet of the property on August 15, 2018. Meetings were held on August 14, 2018 and August 28, 2018. A site inspection was conducted by the board members prior to the meeting on August 28, 2018. A Public Hearing was held on August 28, 2018.

11. The Planning Board unanimously agreed to approve the Conditional Use Permit to place a modular home in the Shoreland District located on Map 40, Lot 30A, per the plans provided with conditions.

12. The conditions of approval are:

1) Best management practices shall be kept in place until the project is completed, which includes the revegetation / stabilization plan.

2) A building permit must be obtained by the Code Enforcement Officer before any work shall begin.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of the §105-18 ‘Dimensional requirements’, and Zoning Ordinance §105-41, ‘Manufactured housing units and manufactured housing unit parks’ a motion was made on Tuesday, August 28, 2018, to approve the Conditional Use Permit to place a modular home in the Shoreland District, to be located on Map 40, Lot 30A, per the plans provided and with two conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit to approve the Conditional Use Permit to place a modular home in the Shoreland District, to be located on Map 40, Lot 30A, per the plans provided with two conditions, was accepted.

Shapleigh Planning Board Minutes – August 28, 2018 Page 8 of 14

Decision:

The Conditional Use Permit to approve the Conditional Use Permit to place a modular home in the Shoreland District, to be located on Map 40, Lot 30A, per the plans provided with two conditions, was approved.

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Best Possible Location – Replace Existing Structure in Shoreland District – Map 38, Lot 12 (13 Mill Pond Road) – James Fiske, Applicant; Patricia Ricciardi, Property Owner

Mr. Fiske was present for the final review of the application. Board members did a site inspection prior to this evenings meeting.

Previously provided along with the application, was a conceptual plan drafted by Joseph Stanley of LinePro Land Surveyors, LLC, dated June 28, 2018, depicting the existing lot lines, and the existing house, 20’4” x 36’7” in size, in relation to the lots lines. Including the drip edge the measurements are 21’8” x 37’11.” Also shown on the sketch is the bulk head and deck location. The structure appears to be 55.7’ to the edge of Mill Pond Road in one location and 42.3’ in another.

Also provided, was an email from Patricia Ricciardi, dated 7/25/2018 that grants Mr. Fiske permission to represent her on this project; pictures of the existing house; a copy of the Subsurface Wastewater Disposal System Application, dated 3/16/1986, drafted by John Large, SE #7; and a letter from Mr. Fiske of Mousam Valley Builders, Inc., dated 8/6/2018 which reads in part as follows:

We are requesting a site for best location of a non-conforming structure to replace an existing house at 13 Mill Pond Road in North Shapleigh Village. Existing house was built in the 1930’s and has a failing concrete block foundation and substandard construction. We propose to tear down and remove existing 20’ x 36’ house and rebuild to existing codes. We hope to expand existing building from 8% to 10% lot coverage which could be accomplished with existing setbacks. Currently, lot is 9000 SF and existing house is approximately 750 SF. We are proposing to build a 24’ x 36’ house (900 SF).

There is an existing 2 bedroom State approved chambered septic system and well on the property. Joe Stanley from LinePro Surveying has researched deeds and has prepared a site plan including existing structures and markers.

On the application, the detailed description of the project is as follows: Tear down existing house and rebuild with new foundation.

Roger A. asked Mr. Fiske to tell the board what they were proposing. Mr. Fiske stated they had a place on Mill Pond Road in North Shapleigh and they want to tear it down and replace it. He said currently the house is 20’ x 36’ and they want to replace it with a house that is 24’ x 36’. He said he believed this would be possible because they were under the 10% lot coverage and it wouldn’t change any of the setbacks. He wasn’t sure exactly where on the lot the board would like them to do that.

Roger A. asked if anyone had any questions? A citizen stated that her name was Pat Bailey and she and her husband Frederic owned property at 12 Mill Pond Road. She said they had several concerns. She

Shapleigh Planning Board Minutes – August 28, 2018 Page 9 of 14

asked if it would have two bedrooms and two bathrooms? She also asked if they would be replacing the septic system? Mr. Fiske stated that there was one in existence now, a chambered system, he would not

be replacing that. CEO Demers agreed stating that at present there is a State approved 2 bedroom septic system. Mr. Fiske stated that the new structure would be a two bedroom home.

Mr. Fiske asked where they were located? Mrs. Bailey said right across the street, 12 Mill Pond. Mr. Bailey spoke about the location of their well and its close proximity to the existing septic system. Mr. Fiske said the system was functioning properly, so it should not be a concern. He also added that they did not want to obstruct anyone’s view, therefore the new structure will not be raised much from what it is now.

Mrs. Bailey stated that she also had concerns with heavy trucks using the road, because it wasn’t in very good shape now. She asked if there could be provisions put into place for the road? Mr. Fiske stated that he understood her concerns and planned on regrading the road, as well as adding some stone, so the equipment will be able to pass through. He said it was to his benefit to upgrade the road, so his equipment does not get stuck.

Mrs. Bailey spoke about the old windmill on site, that there was an open pit and she was concerned someone would get hurt. She wanted to know if it could be removed or made to be safe? Mr. Fiske knew what she was speaking about and agreed it was an issue, but the owners of this property did not own the windmill, it was on the neighboring property.

Board members reviewed the sketch plan to see what would be the best location to move the existing structure. It was agreed that the structure could be moved five feet closer to Mill Pond Road, which would give them more room when putting in the new foundation, because at present the existing foundation is extremely close to the lot line. The board did not want the neighboring property affected by the project, and the existing distance to the road is 56.7’; by moving the structure five feet it would still meet the 50 foot setback to the side of the road.

Roland L. asked what would happen to the existing structure and foundation, noting that no debris can be taken to the Shapleigh Transfers Station. Mr. Fiske stated he would be getting a dumpster and it would be taken to Simpson’s in Sanford.

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

The Conditions of the permit are as follows:

  1. Best Management Practices shall be kept in place until the project is completed. There must be a person certified by the DEP in erosion control practices on site during the project.
  2. All debris including existing structures to be removed and the foundation, shall be taken to J. A. Simpson’s in Sanford Maine. There shall be no debris taken to the Shapleigh Transfer Station.
  3. Per Shapleigh Zoning Ordinance §105-4.D7(c), 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.

Shapleigh Planning Board Minutes – August 28, 2018 Page 10 of 14

  1. Per Shapleigh Zoning Ordinance §105-4.D1(d), if the structure is expanded, the approved plan must be recorded with the registry of deeds, within 90 days of approval, or the application shall be null and void. The recorded plan must show the existing and proposed

footprint of the non-conforming structure, the existing and proposed structure height, the footprint of any other structures on the parcel, the shoreland zone boundary and evidence of

approval.

Madge B. made the motion to move the house located on Map 38, Lot 12 toward Mill Pond Road by five feet, this being the water side of the house, in order to move the foundation away from the rear lot line in order to have more room to put in the new foundation without affecting the neighboring property, while still meeting the 50 setback to the road on this side of the structure. 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 38, Lot 12 (13 Mill Pond Rad), is Patricia Ricciardi of 134 Oak Street, Halifax, MA 02338

2. The property is located in the Shoreland District and according to the assessor contains 0.2 acres.

3. The applicant is before the board for a Best Possible Location to replace the existing structure.

4. Received in addition to the application was a conceptual plan drafted by Joseph Stanley of LinePro Land Surveyors, LLC, dated June 28, 2018, depicting the existing lot lines, and the existing structure, which is 20’4” x 36’7” in size, in relation to the lots lines. Including the drip edge, the measurements of the existing structure are 21’8” x 37’11.” Also shown on the sketch is the bulk head and deck location. The structure appears to be 55.7’ to the edge of Mill Pond Road in one location and 42.3’ in another.

5. Also provided, was an email from Patricia Ricciardi, dated 7/25/2018 that grants Mr. Fiske permission to represent her on this project; pictures of the existing house; a copy of the Subsurface Wastewater Disposal System Application, dated 3/16/1986, drafted by John Large, SE #7; and a letter from Mr. Fiske of Mousam Valley Builders, Inc., dated 8/6/2018 which reads in part as follows:

We are requesting a site for best location of a non-conforming structure to replace an existing house at 13 Mill Pond Road in North Shapleigh Village. Existing house was built in the 1930’s and has a failing concrete block foundation and substandard construction. We propose to tear down and remove existing 20’ x 36’ house and rebuild to existing codes. We hope to expand existing building from 8% to 10% lot coverage which could be accomplished with existing setbacks. Currently, lot is 9000 SF and existing house is approximately 750 SF. We are proposing to build a 24’ x 36’ house (900 SF).

Shapleigh Planning Board Minutes – August 28, 2018 Page 11 of 14

There is an existing 2 bedroom State approved chambered septic system and well on the property. Joe Stanley from LinePro Surveying has researched deeds and has prepared a site plan including existing structures and markers.

6. On the application, the detailed description of the project is as follows: Tear down existing house and rebuild with new foundation.

7. The existing structure, foundation and deck shall be removed and taken out of Shapleigh. The applicant stated he would be using a dumpster from Simpson’s in Sanford, and all debris will be going there.

8. The board reviewed Zoning Ordinance §105-4, ‘Nonconformance’. After the site inspection, and reviewing the existing setbacks to Mill Pond Road, the board concurred the best possible location would be relocating the new structure 5 feet closer to Mill Pond Road, moving the structure off the rear lot line by 5 feet to make more room to put in the new foundation. Therefore, the setback to Mill Pond Road will go from 55.7 feet to the edge to 50.7 feet. The board stated the size of the new structure will be determined by the Code Enforcement Officer.

9. A notice was mailed to all abutters within 500 feet of the property on August 14, 2018. Meetings were held on August 14, 2018 and August 28, 2018. A site inspection was held prior to the meeting on August 28th and a Public Hearing was held on August 28th as well.

10. The Planning Board unanimously agreed to approve the Best Possible Location to replace the existing structure on Map 38, Lot 12 using the plan provided, moving the structure from 55.7 feet to Mill Pond Road to 50.7 feet with conditions.

11. The conditions of the approval are as follows:

  1. Best Management Practices shall be kept in place until the project is completed. There must be a person certified by the DEP in erosion control practices on site during the project.
  2. All debris including existing structures to be removed and the foundation, shall be taken to J. A. Simpson’s in Sanford Maine. There shall be no debris taken to the Shapleigh Transfer Station.
  3. Per Shapleigh Zoning Ordinance §105-4.D7(c), 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.
  4. Per Shapleigh Zoning Ordinance §105-4.D1(d), if the structure is expanded, the approved plan must be recorded with the registry of deeds, within 90 days of approval, or the application shall be null and void. The recorded plan must show the existing and proposed footprint of the non-conforming structure, the existing and proposed structure height, the footprint of any other structures on the parcel, the shoreland zone boundary and evidence of approval.
  5. Per Shapleigh Zoning Ordinance §105-3, no work shall begin without a building permit through the Code Enforcement Office.

Motion:

Shapleigh Planning Board Minutes – August 28, 2018 Page 12 of 14

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 replacement of the existing structure on Tax Map 38, Lot 12, moving the structure from 55.7 feet to Mill Pond Road to 50.7 feet with five conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Best Possible Location application to replace the existing structure on Tax Map 38, Lot 12, moving the structure from 55.7 feet to Mill Pond Road to 50.7 feet with five conditions, was accepted.

Decision:

The Best Possible Location application to replace the existing structure on Tax Map 38, Lot 12, moving the structure from 55.7 feet to Mill Pond Road to 50.7 feet with five conditions, was approved.

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Note: Planning Board members asked CEO Demers to send a letter of concern to the property owner of the well mentioned during the Ricciardi application review. Members were concerned, as was Mrs. Bailey, that someone could very well get hurt on what exists there at this time. It appeared to be an unsafe condition.

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Construction of a Private Way – Map 6, Lot 34E (Nason Road) – Brian White Applicant; Joseph Stanley of LinePro Land Surveyors, LLC Representing

Mr. Stanley was present for the review of the application. Mr. White was in attendance as well. Board members did a site inspection prior to this evenings meeting.

Previously provided along with the application, was an aerial view of the lot which depicted the abutting lots in relation to Lot 34E; a copy of the Warranty Deed from Albert H. Conrad of Shapleigh Maine to Brian R. White and Kerri E. White of Shapleigh Maine ownership, Plan Book 9690, Page 234-235 dated received at YCRD on 9/20/1999; and a Warranty Deed granting property from Albert H. Conrad of Shapleigh Maine to Brian R. White and Kerri E. White, Plan Book 17085, Pages 422-424, dated received at the YCRD on 8/26/15; and a Sample of a Road & Drainage Maintenance Agreement by Brian & Kerry White.

In addition, provided was a plan entitled ‘Plan of Private Way for Brian & Kerrie White, P.O. Box 106, Shapleigh, ME 04076 Of Property Located on Nason Road in Shapleigh, Maine’. The plan depicts the Road & Ditch Section, Sample of Typical Ditch Turnout & Level Spreader, a 1500’ x 50’ private way with a 50’ x 50’ turnaround at the end of the private way, two proposed five acre lots that will be gifted to family and a remaining 15.71 acre lot proposed to be gifted to family (13.93 excluding ROW area). The plan depicts (3) ditch turnouts with level spreaders. On the plan, Note 6 reads as follows: “The Town of Shapleigh will not be responsible for the maintenance, repair, or plowing of the private way and further

Shapleigh Planning Board Minutes – August 28, 2018 Page 13 of 14

lot divisions utilizing the private way are prohibited without prior approval of the Shapleigh Planning Board.” The private way is to provide access to three lots, a maintenance agreement shall be required by the Planning Board and recorded in the York County Registry of Deeds. The maintenance agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way.

Roger A. asked Mr. Stanley what their intentions were? Mr. Stanley stated that they were requesting to put in a Private Way for 3 family lots. He stated the existing area is roughed in and stumped. He stated that while on the site inspection he noted that the drainage would pitch to the left, as would the road, keeping all stormwater on the applicant’s property. He said they would be evenly spreading out the stormwater with the use of level spreaders to channel the rainwater from the ditch, again spreading it out on to the applicant’s property and into a vegetated buffer.

Steve F. asked if the entire travel way was in the right-of-way, it appeared that in the beginning it is leaning toward the right onto the property across the street. Mr. Stanley said it does hug the property line on the right but he can center it which makes more sense, because it is being pitched toward the left. Roger A. thought the plan should be modified to show the entire right-of-way is on Mr. White’s property. Roger said he realized the neighboring property was a relative but still it should be, especially for the future, clear it is entirely on Mr. White’s property. Mr. Stanley and Mr. White assured the board it was entirely on the applicant’s property but Mr. Stanley said he would make it more clear on the final plan.

Roger A. stated another concern of the boards is to be certain of the distance from the ROW to what appears to be Resource Protection on the plan. Mr. Stanley stated that he did not believe there was an issue as the ROW was approximately 190 feet from the area in question. Madge B. stated that the Zoning Map shows it may be an area that requires the 250 foot boundary, as it could be high value. Mr. Stanley did not believe this area was, and thought they only needed to clear the area by 75 feet but he would check and have it correct on the next plan. He also noted that if he needed the 250 foot boundary, there was still enough room to create the necessary 200 feet of road frontage for the third lot by adjusting the road. He said again, for the next meeting he will make any necessary changes based on what he finds out about the wetland area.

Roger A. stated the board can table the application until the next meeting to give Mr. Stanley time to make any necessary adjustments regarding the wetland area, as well as making sure the entire travel way is on the applicant’s property.

Steve F. asked if it was ok for Mr. Stanley to bring the plan to the next meeting, instead of mailing it to members. Roger A. stated that that would be fine.

Mr. Stanley said Mr. White wanted to give the board a copy of a new road maintenance agreement that he preferred to the one that they originally submitted. Mr. White asked if he could bring it to the next meeting. Roger stated, “Yes”.

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

Nothing further was discussed.

Shapleigh Planning Board Minutes – August 28, 2018 Page 14 of 14

Other:

Board members will hold a workshop to discuss possible Zoning Ordinance changes on Tuesday, September 18, 2018 at 5:00 p.m.

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Growth Permits

Map 8, Lot 65A-1 (Ross Corner Road) – New Home GP #11-18

Board members reviewed the lot and approved the Growth Permit, as it was found to be a legally existing lot, meeting the minimum lot size requirements in the Zoning Ordinance.

Map 1, Part of Lot 4 (Grant Road) – New Home GP #12-18

Board members reviewed the lot and approved the Growth Permit, as the lot was recently reviewed as being accessed by an approved Private Way (6/26/18), and it meets the minimum lot size requirement in the Zoning Ordinance.

Map 11, Part of Lot 23H (Gray Road) GP #13-18

Board members reviewed the lot and approved the Growth Permit, as it was found to be a legally existing lot, meeting the minimum lot size requirements in the Zoning Ordinance, and it is part of a recently approved 3-Lot Subdivision (Gray Road Estates – 7/17).

Map 5, Lot 20-2 (White Tail Lane) GP #14-18

Board members reviewed the lot and approved the Growth Permit, as it was found to be a legally existing lot, meeting the minimum lot size requirements in the Zoning Ordinance, and it is part of an approved Subdivision (Evergreen Overlook 6/06).

Map 5, Lot 20-3 (White Tail Lane) GP #15-18

Board members reviewed the lot and approved the Growth Permit, as it was found to be a legally existing lot, meeting the minimum lot size requirements in the Zoning Ordinance, and it is part of an approved Subdivision (Evergreen Overlook 6/06).

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The Planning Board meeting ended at 8:30 p.m.

NOTE: The summers hours are in effect thru October 31st, the meetings begin at 7:30 p.m. and any scheduled public hearings begin at 7:00 p.m.

The next meeting will be held Tuesday, September 11, 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. 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.

Respectfully submitted,

Barbara Felong, Land Use Secretary

planningboard@shapleigh.net