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 Shapleigh Planning Board

Minutes

Tuesday, November 13, 2018

Members in attendance: Roger Allaire (Chairman), Steve Foglio (Vice Chairman), Roland Legere, and Maggie Moody. Member Madge Baker and Alternate Ann Harris were unable to attend. 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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The minutes from Tuesday, October 23, 2018 were accepted as read.

The Planning Board meeting started at 6:30 p.m.

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Conditional Use Permit – Relocate Business known as Keepin’ it Local – Map 18, Lot 30 (130 Emery Mills Road) – Mary Letourneau, Applicant; Paul Letourneau, Property Owner

Mary Letourneau was present for the review of the application.

Provided along with the application, was a letter from property owner Paul Letourneau stating Mary Letourneau had permission to move forward with the conditional use permit; a sketch plan depicting the existing structure, septic & leachfield location, and arrows depicting how the traffic will flow on the property; a sketch plan depicting the existing structure and driveway on the property; an aerial photo of the property; an aerial photo of the property including distances from the existing structure to the side lot lines and Emery Mills Road; Subsurface Waste Water Disposal System Application for a 3 bedroom home, drafted by John E. Large, SE #7, dated 11/4/11; and a copy of the Purchase & Sale Agreement between Mary Letourneau and Paul Letourneau with an Offer Date of October 29, 2018.

The Detailed Description of the Project is as follows:

The following is a description of the proposed project for moving Keeping’ it Local from its current location at 120 Emery Mills Road to 130 Emery Mills Road.

When purchased we would like to add on to the existing structure:

● creating a larger kitchen, dining area and retail space

● outdoor dining space

● parking area to the right of the building and behind to accommodate 60 seats

(30 spaces needed for customers, employees and retail space)

● a farmer’s porch onto the driveway side and back of the building

● drive thru on the left side of the building

● upgrade septic to include chambers and grease trap

● upgrade electrical and plumbing

Page 1 of 10

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 2 of 10

We would also be looking to add in beer, wine and liquor and to expand on our menu to include dinners and brunches.

Operating hours would ‘be’ up to 24 hours depending on baking.

Serving hours would be between 5 am and 11 pm.

Roger A. opened the meeting by asking Mrs. Letourneau if the existing house was going to be used as a house and a restaurant or only a restaurant? Mrs. Letourneau stated it would be used as a restaurant only.

Roger A. asked Mrs. Letourneau to let the board know what she intended to do? Mrs. Letourneau stated that she wanted to put an addition on the existing structure, regrade the parking area on the right, create a drive-thru on the left, and enlarge the kitchen.

Roger A. stated that he noticed the septic design submitted was from 2011 but he said that that would change because of the number of gallons to be used. Mrs. Letourneau stated, “Yes”.

Roger A. stated, “You are saying you will have 30 spaces for parking”. Mrs. Letourneau stated, “Yes, there will be plenty of room for parking”. Roger stated that at least 6000 square feet would be needed, depending on the number of seats. With 60 seats, there is three seats per space as well as the applicable amount of clients that want to come in. Mrs. Letourneau stated that she needed one space for every 150 square feet of retail. Roger stated the board needs to be sure there is enough parking for all the people coming in.

Roger A. asked if there would be a bar, noting the application stated she would be open until 11 pm. Mrs. Letourneau stated that she was not going to be Wild Willy’s. She stated that she wanted to have some special dinners, not a bar. Maggie M. asked if it was going to be private party dinners? Mrs. Letourneau stated that they would be a wine dinner or an on-tap table dinner, you gear the food towards whatever you are serving that evening. Roland L. asked on a day to day basis if someone could order from the menu and be able to order a beer or glass of wine? Mrs. Letourneau stated, “Yup”.

Roger A. stated with respect to the alcoholic beverages, the board did not oversee that. Mrs. Letourneau stated that she was not sure about that. Roger said that it was a State license she would be obtaining to serve alcohol.

Roger A. stated that realizing this lot is a non-conforming lot, because it only contains 175 feet of road frontage, he would review Section 105-4 ‘Nonconformance’, under E ‘Nonconforming lots of record’ (2) ‘Built lots’. Roger said the existing structure meets the setback requirements and he believed even with an addition the requirements could be met.

Roger A. also reviewed §105-4.E(5) ‘Vested rights’. Roger stated the building is in existence, so this section is not an issue.

Roger A. stated with respect to hours requested, he realized the restaurant would be open until 11 pm but the application asked for 24 hours to accommodate baking, etc. Mrs. Letourneau stated, “Yup”. Roger said this was seven days a week. Mrs. Letourneau stated, “Yes”.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 3 of 10

Roger A. stated the site distance in this location was fine. Roger said there was no noise being generated. Roger asked if there was any exterior lighting being added? Mrs. Letourneau stated, “That is to be determined”. She said there was one house that could be affected and she said she would put in hedges or something to give them privacy.

Roger A. asked about refuse disposal? Mrs. Letourneau stated that she would have a dumpster on site.

Roger A. said the other issue would be that the entrance coming in from Route 109 to the lot, the entrance can be no wider than 26 feet unless it can be proven it needs to be wider. Mrs. Letourneau asked if she could only have that one entrance? Roger said, “That’s all. It will have to be addressed before we get to permitting”. §105-34 ‘Access control on Routes 109 and 11’.

Roger A. stated that the septic system will have to be approved for the size.

Roger A. stated that the traffic access to the site is safe, site distances can be met in both directions. Mrs. Letourneau agreed.

Roger A., reviewing §105-43 ‘Off-street parking and loading’, Section B(1) stated that one space was required for each 150 square feet or fraction thereof of floor area of any retail, wholesale or service establishment or office or professional building. He added that one space is required for each three seats, permanent or otherwise, for patron use for restaurants and other places serving food or beverage and for theaters, auditoriums and other places of amusement or assembly, and a space is required for each person employed or anticipated to be employed.

Roger A. reviewed §105-43.B(2) which stated adequate spaces shall be provided to accommodate customers, patrons and employees of drive-in establishments and open-air retail businesses.

Roger A. stated that the board has to look at the square footage, the number of seats for customers, the number of patrons and employees, and the parking area needs to be detailed on a plan to show the size of the parking area; typically a parking space is 10’ x 20’ or 200 sf. Roger said the board will review the plan to be certain customers will be able to pull in and out of the space easily, and to be sure the drive-thru isn’t interfering with the parking area.

Roger A. stated the signage would be through the Code Enforcement Officer and in this case it would be transferred to the Deputy CEO. (CEO Demers is Mrs. Letourneau’s brother.)

Roger A. did not see any other issues to be addressed at this time.

Roger A. stated a public hearing will be held on November 27th at 6:00 p.m. A notice to abutters will be mailed as well. Board members can drive by the location on an individual basis.

Mrs. Letourneau stated that there were people living in the home at this time. Roger did not believe there was any reason that board members would have to go inside.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 4 of 10

Mrs. Letourneau asked if there was anything additional the board needed from her. Roger A. stated the board needed a detailed parking plan. He said the building permit, electrical and septic would be through the Deputy CEO.

Roland L. asked if Mrs. Letourneau had a time table as to when she would be opening. Mrs. Letourneau wanted to do it as soon as possible but she said realistically she was hoping for the summer of 2019. Roger said if she had any thought there would be a change in hours, have those for the next meeting.

Roger A. stated that if there was going to be an outdoor dining area, that needs to be on the plan, including the number of outdoor seats. He stated that this would also affect the parking plan.

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

Nothing further was discussed.

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Proposed Ordinance Changes

Barbara F. gave members a copy of the following proposed ordinance changes. She told members these would be what was being presented at the Public Hearing to be held on Tuesday, November 27th at 6:00 p.m. She said that changes can be made after the public hearing, if after public input, members feel they are warranted. But there will be no changes allowed once the Public Hearing is held in January 2019. That hearing is likely to be on January 8th.

These are the current changes being proposed:

● Proposed Amendment to §105-4. Nonconformance

D(7) Relocation.

(b)[1] Trees, woody vegetation and ground cover.

[a] Trees removed in order to relocate a structure must be replanted with at least one native tree, six feet in height, measured from the base of the trunk to the top of the tree, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Trees shall be planted greater than five feet from the side lots lines, and shall create a well-distributed stand of trees. These replanted trees shall be flagged with fluorescent tape no less than 18 inches in length which shall not be removed except by the Code Enforcement Officer upon inspection.

This proposed change is to make it easier to be certain the trees have been replanted as specified by the Planning Board and/or Code Enforcement Officer.

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● Proposed Amendment to § 105-15 ‘Definitions.’

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 5 of 10

HOME OCCUPATION – An occupation or profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit; carried on by a member of the family residing in the dwelling unit; clearly incidental and secondary to the use of the dwelling unit for residential purposes. Real estate offices and resale of purchased merchandise will not be considered as home occupations. This shall not be interpreted to include telecommuting.

BILLBOARD – A sign, structure or surface larger than eight feet which is available for advertising purposes for goods or services rendered off the premises, excluding directional signs. thirty-two (32) square feet, which is available for advertising purposes for goods, services, or attractions rendered off the premises, excluding directional signs.

DWELLING, TWO-FAMILY: A single building containing two dwelling units, with a separate entrance for each. May also be referred to as a “Duplex”.

LOT LINES – A line which forms a boundary of a property dividing one lot from another, or from a street or waterbody or other public space. The lines bounding a lot as are defined below:

  1. FRONT LOT LINE – On an interior lot, the line separating the lot from the street; on a corner or through lot, the line separating the lot from either street.

B. REAR LOT LINE – The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension. In some circumstances, a lot may not have a rear lot line.

  1. SIDE LOT LINE – Any lot line other than the front lot line or a rear lot line.

MARIJUANA: As defined in State Administrative Rules (10-144 CMR Chapter 122), §1.17, “Marijuana”.

MEDICAL MARIJUANA: Marijuana that is acquired, possessed, cultivated, manufactured, used, delivered, transferred or transported to treat or alleviate a qualifying patient’s medical condition.

MEDICAL MARIJUANA CAREGIVER: A person, licensed hospice provider or licensed nursing facility that is designated by a qualifying patient to assist the qualifying patient with the medical use of marijuana in accordance with state law. A person who is a medical marijuana caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.

MEDICAL MARIJUANA HOME PRODUCTION: Cultivating, processing and/or storing of medical marijuana by a qualifying patient at their own residence or a medical marijuana caregiver at their own primary year-round residence for use by a qualifying patient. This use shall be considered an accessory use.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 6 of 10

These changes were proposed for clarity of existing definitions, and with respect to Medical Marijuana the definitions were to make certain the public and members understood exactly what qualifies as an allowed use in this area. Currently medical marijuana home production is reviewed as a home occupation under a conditional use permit.

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● Proposed Amendment to §105-17 ‘Land Uses’

LAND USES RP SD GP FD SP

RESIDENTIAL

Manufactured housing units NO CU CEO CU CU1

Not in parks

Amendment:

Manufactured housing units NO CEO CEO CEO CU1

Not in parks

1 Provided that a variance from the setback requirement is obtained from the Board of Appeals.

The board saw no reason why the CEO could not permit manufactured housing in the same manner as a stick built house, as long as the structure can meet current dimensional requirements.

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● Proposed Amendment to §105-40 ‘Home Occupations’

A. Home Occupations shall be carried on wholly within the principal building or within a building or other structure accessory to it.

B. Not more than two one employee other than the home’s occupants may work on-site at any time, and one additional on-site parking space shall be provided if there is such an employee.

C. There shall be no exterior display, no exterior sign (except as permitted by the provision of this chapter), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

D. Additional workers cannot gather even briefly on the property.

E. No nuisance, heavy traffic, waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare or radiation shall be generated.

F. If existing off-street parking is required to be expanded, it shall be the road and adjacent lots (for example, with a dense screen of evergreens) and shall not be located between the house and the road.

F. When off-street parking must be expanded, screening from adjacent lots (for example, a dense screen of evergreens) may be required.

G. Home occupations are allowed on nonconforming lots of record and within legally existing nonconforming structures providing all applicable performance standards in the ordinance, including those in § 105-73.G are met.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 7 of 10

Taking into consideration existing permitted home occupations, members made the proposed amendment to the existing ordinance for Home Occupations.

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● Proposed Amendment to §105-43. Off-street parking and loading.

D. Landscaping. Required parking and loading spaces for residential uses, where not enclosed within a building, shall may need to be effectively screened from view by a continuous landscaped area not less than eight feet in width containing evergreen shrubs, trees, fences, walls, berms or any combination thereof forming a visual barrier not less than six feet in height along exterior lot lines adjoining all residential properties, except that driveways shall be kept open to provide visibility for vehicles entering and leaving.

Again, using existing approved permits as examples, members believed that not all locations benefit from a mandatory screening, so ‘shall’ was replaced with ‘may’.

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● Proposed Subdivision Ordinance Change

§ 89-14. Procedure

A. Within six months after the on-site inspection by the Board, the subdivider shall submit an mail a copy of the application for approval of the final plan to each Board member, including alternate members and the Code Enforcement Officer at least seven days prior to a scheduled meeting of the Board. Failure to do so shall require resubmission of the sketch plan to the Board. The final plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.

§ 89-16. Procedure.

A. Within six months after the on-site inspection by the Board, the subdivider shall submit an mail a copy of the application for approval of the final plan to each Board member, including alternate members and the Code Enforcement Officer at least seven days prior to a scheduled meeting of the Board. Failure to do so shall require resubmission of the sketch plan to the Board. The final plan shall approximate the layout shown on the sketch plan, plus any recommendations made by the Board.

§ 89-15. Submissions.

Last sentence: In addition, one copy of the final plan, reduced to a size of 8 ½ inches by 11 inches, and all accompanying information shall be mailed to each Board member, including alternate members and the Code Enforcement Officer, no less than seven days prior to the meeting.

§ 89-17. Submissions.

Fourth sentence: In addition, one copy of the plan(s), reduced to a size of 8 ½ inches by 11 inches, and all accompanying information shall be mailed to each Board member, including alternate members and the Code Enforcement Officer, no less than seven days prior to the meeting.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 8 of 10

§ 89-18. Procedure.

F. A public hearing may be held by the Planning Board within 30 days after the issuance of a receipt for the submittal of an incomplete application. This hearing shall be advertised in a newspaper of local circulation at least two times, the date of the first publication to be at least seven days before the hearing, and the notice of the hearing shall be posted in at least three prominent places at least seven days prior to the hearing. When a subdivision is location within 500 feet of a municipal boundary, and a public hearing is to be held, the Planning Board shall notify the Clerk and the Planning Board of the adjacent municipality involved, at least 10 7 days prior to the hearing.

§ 89-19. Submissions.

Last sentence: In addition, one copy of the final plan, reduced to a size of 8 ½ inches by 11 inches, and all accompanying information shall be mailed to each Board member, including alternate members and the Code Enforcement Officer, no less than seven days prior to the meeting.

These changes are proposed to make it clear what is expected of the applicant during the permitting process and for consistency. In addition, the change in notification under §89-18, is to allow for times when meetings are moved due to unforeseen circumstances, making it hard to meet the 10 day deadline.

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§89-36

● Proposed Amendment to 89-36.I under ‘Street design standards’

I. The following design standards apply according to street classification:

Type of Street

Private Right- Industrial /

Description Arterial Collector Minor of-Way Commercial

Minimum right-of-way 80 50 50 50 80

width (feet)

Minimum pavement 44 24 20 12(1) 44

width (feet)

(1) Pavement Requirement for Private Right-of-Way in a minor subdivision may be at the board’s discretion.

This proposed change was done to be able to take the location of a proposed minor subdivision into account when reviewing the proposed road. In some circumstances pavement is not advantageous to the location, whereas crushed gravel or crushed asphalt better serves the area.

It was noted by Roger A. that in his opinion he prefers to require pavement in all subdivision locations, but he had no issue with this change, as it does not state pavement is ‘not’ required, it is left up to the board members.

Shapleigh Planning Board Minutes ~ November 13, 2018 Page 9 of 10

The board did their mandatory review of the Growth Permit Ordinance and agreed, based on current trends and how many permits were given out in 2018, which was a total of 16 to date, to leave the number of permits allowed at 34.

The change to the Growth Ordinance is as follows:

Growth Ordinance – Town of Shapleigh

(f) To allow growth of the residential population of the town at a rate which would not impose an undue burden upon the provision of community services (including education, fire protection, road maintenance, waste disposal, health services and welfare) and which would be compatible with the orderly and gradual expansion of said services.

(1) During the most current review of the tax base for 2018, the Education system accounts for 66.75% of the cost to taxpayers. The figure calculated per child per year for 2016-2017 in RSU #57 is $12,675.42. Although the number of children enrolled in the school system is not expected to rise dramatically in the next several years, the cost to Shapleigh taxpayers continues to have a slight increase each year. The most recent figures of cost increase to taxpayers for the school year 2016-2017 is 4.63%. The percent of the total cost of RSU #57 that Shapleigh Taxpayers currently pay is 15.69%. With this figure it is apparent that any household with even one child would be an impact since there are not enough property taxes derived from the average house to generate enough money to pay for one child’s education. Therefore, the Growth Ordinance system must calculate growth in such a way as to assure the town can fund education at the current levels and those of the future.

(g) To guide Shapleigh’s expansion so that the annual increase in population and dwelling units shall not exceed the average rate of population and housing growth which occurred within the sub-region. During this time period, 2010 thru 2018, there is no census data but the number of single family dwellings permitted in the town has steadily increased from (3) in 2010, to (16) in 2018. With the current projected need for housing, the maximum annual number of Growth Permits should remain unchanged at 34 dwelling units.

(h) To guide Shapleigh’s expansion so that the increases in education costs are predictable and manageable.

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Shapleigh Planning Board Minutes ~ November 13, 2018 Page 10 of 10

The board made amendments to the Planning Board By-laws in September of this year. In order for the Establishment of Planning Board to mirror the by-laws, the following amendment was made:

H. Meetings shall be held on the second and fourth Tuesdays of the month at the time specified on the municipal calendar. The meetings shall be at the Town Hall or other suitable meeting place. The Chairman, or upon the request of a majority of the Board, may schedule a special meeting, provided, however, that notice thereof shall be given to each member in accordance with the Maine Freedom of Access Act, and that no business may be conducted other than as specified in said notice. All meetings shall be open to the public.

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Copies of the proposed amendments can be obtained from the Land Use Secretary at the Town Hall. A Public Hearing will be held on November 27th at 6:00 p.m. The Public is invited to attend.

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Growth Permits

There are Growth Permits available.

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The Planning Board meeting ended at 7:10 p.m.

NOTE: The winter hours are in effect thru March 31st, the meetings now begin at 6:30 p.m. and any scheduled public hearing begins at 6:00 p.m.

The next meeting will be held Tuesday, November 27, 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. 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.

Respectfully submitted,

Barbara Felong, Land Use Secretary

planningBoard@shapleigh.net