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 Shapleigh Planning Board

Minutes

Wednesday, February 13, 2019

Members in attendance: Roger Allaire (Chairman), Roland Legere, and Maggie Moody. Steve Foglio, Madge Baker and 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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Public Hearing Began at 6:04 p.m.

Conditional Use Permit – 3 Year Gravel Extraction Renewal for the Town of Shapleigh – Map 7, Lots 7 & 22A (Square Pond & Cedar Drive)

Road Commissioner John Burnell represented the Town of Shapleigh.

Roger A. opened the meeting by asking RC Burnell to speak for the record about the fact the Town wants to renew their gravel pit. (There were no audience members.)

RC Burnell stated the Town wanted to continue to use the gravel pit off of Square Pond Road and Cedar Drive. He stated there were no changes in usage. The Town extracts gravel and keeps gravel product on site. Roger A. asked if the reclamation plan was as originally submitted? RC Burnell stated it was.

Roger A. asked if there were any questions for RC Burnell? Roger said he did not see any issues with the permit. Roger noted the Town did reclaim the original section. RC Burnell agreed, noting that there were two different parcels and it was the parcel on Square Pond Road that was reclaimed for the most part.

Roger A. stated that at the last meeting it was noted the same road would continue to be used for ingress and egress. RC Burnell said, “Yes”. He stated there would be no new entrance or exit.

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

The public hearing closed at 6:07 p.m.

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The minutes from Tuesday, January 23, 2019 were accepted as read.

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

Page 1 of 6

Shapleigh Planning Board Minutes – February 13, 2019 Page 2 of 6

Amendment to a Conditional Use Permit – 3 Year Gravel Pit Renewal of the Town of Shapleigh – Map 7, Lots 7 & 22A (Square Pond and Cedar Drive)

Road Commissioner John Burnell represented the Town of Shapleigh.

Provided along with the application, was a copy of the town map showing lots 7 & 22A, and a copy of the assessment of the two properties, which lists Lot 7 as ‘Ferguson Parcel (gravel source) and Lot 22A as Gravel pit/Winter sand. Previously submitted during the initial approval process was the following:

1. A Notice of Intent to Comply – Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt (For Use with 38 MRSA Section 490-C) was applied for to the Maine Dept. of Environmental Protection, Division of Land Use Regulation. Approval was received on October 25, 2006, Permit Number L-636.

2. A copy of a document entitled Real Estate Inquiry, dated 7/27/2006, which listed the Town of Shapleigh as owner, as listed by deed reference, Book 14461, Page 121. The document also listed the number of acres, that being 67, and the location of the property being Cedar Drive. In addition, handwritten on the document was the following: Subject Parcel, Access Road – 2800 feet + or – length, 20 feet traveled portion, clearing 40 + 50 feet; Area to be Mined – whole parcel w/limitations of setbacks – minimum of 5 acres.

Roger A. opened the meeting by stating that the Town of Shapleigh is before the board to renew the gravel pit with the same conditions. Roland L. asked if the board had a copy of the conditions? Roger stated that they did. Roland asked if he would read them to refresh his memory.

Roger A. stated the condition from 2016 was:

1. Reclamation of the area no longer being used, consisting of approximately 2 plus acres, will be completed by October 31, 2016.

Roger read the original Findings of Fact from 2016, they are as follows:

2. The property is located in the General Purpose District and according to the assessing file, it contains 67 acres.

3. The applicants are before the board to renew the mineral extraction permit for three years to excavate sand and gravel for the Town of Shapleigh. The original application was dated 12/5/2006 and approved on 1/23/2007. Subsequently, the permit was also renewed on 1/26/2010 and 1/8/2013.

4. A Notice of Intent to Comply – Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt (For Use with 38 MRSA Section 490-C) was applied for to the Maine Dept. of Environmental Protection, Division of Land Use Regulation. Approval was received on October 25, 2006, Permit Number L-636.

5. Originally provided was a copy of a document entitled Real Estate Inquiry, dated 7/27/2006, which listed the Town of Shapleigh as owner, as listed by deed reference, Book 14461, Page 121. The document also listed the number of acres, that being 67, and the location of the property being Cedar

Shapleigh Planning Board Minutes – February 13, 2019 Page 3 of 6

Drive. In addition, handwritten on the document was the following: Subject Parcel, Access Road – 2800 feet + or – length, 20 feet traveled portion, clearing 40 + 50 feet; Area to be Mined – whole parcel w/limitations of setbacks – minimum of 5 acres.

6. During the review process on December 12, 2006, Road Commissioner Richard Goodwin stated the gravel pit would be accessed from Square Pond Road; the Town wanted to be able to stockpile stumps on site, to be ground up at a later date and used for mulch; the gravel used would not be dug below the existing grade; all activity would take place more than 100 feet from the road and more than 100 feet from the adjacent property lines; a reclamation plan was not needed at the time of initial review because of the limited amount of gravel to be initially extracted, a reclamation plan would be presented and put into place when the exposed area is no longer going to be used.

7. On January 13, 2016, Road Commissioner Richard Goodwin and Selectman Michael Perro stated no changes were required from the original permit. The location will continue to be used for gravel extraction and on-site gravel storage, as well as a location to store tree stumps.

8. On January 13, 2016, Road Commissioner Richard Goodwin stated reclamation of the area next to Square Pond Road, which is no longer being used, had not been done to date. The loam is on site but the Town ran out of time to do the reclamation in 2015.

9. A notice was mailed to all abutters within 500 feet of the property, on Wednesday, January 13, 2016 and a Public Hearing was held on Tuesday, January 26, 2016.

10. The Planning Board unanimously agreed to approve the Conditional Use Permit to renew the permit for mineral extraction, on Map 7, Lot 7, as originally permitted on January 23, 2007, with one condition.

Roger A. asked if the board wanted to make a motion to approve?

Maggie M. made the motion to extend the gravel extraction permit on Map 7, Lots 7 & 22A, for a period of three years. Roland L. 2nd the motion.

Roger A. stated the condition of approval from 2007 is as follows:

The CUP to operate the gravel pit shall be allowed to operate for a period of three years from the date of approval, per Zoning Ordinance 105-39.J; at which time the permit will be re-reviewed and may be renewed by the Planning Board.

Roger A. stated that this will be the condition of approval for this renewal as well. The Ordinance reference will be §105-61.E based on the current Zoning which has been amended since 2007. All the board members concurred with the condition. By a vote of 3 – 0 the motion to approve the application to extend the gravel extraction permit for three years with one condition was unanimous.

Nothing further was discussed.

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Shapleigh Planning Board Minutes – February 13, 2019 Page 4 of 6

The Findings of Facts

1. The owners of Shapleigh Tax Map 7, Lot 7 and Lot 22A are the Town of Shapleigh, 22 Back Road, Shapleigh, Maine 04076

2. The property is located in the General Purpose District and according to the assessing file, it contains 67 acres.

3. The applicants are before the board to renew the mineral extraction permit for three years to excavate sand and gravel for the Town of Shapleigh. The original application was dated 12/5/2006 and approved on 1/23/2007. Subsequently, the permit was also renewed on 1/26/2010, 1/8/2013, and 1/26/16.

4. A Notice of Intent to Comply – Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt (For Use with 38 MRSA Section 490-C) was applied for to the Maine Dept. of Environmental Protection, Division of Land Use Regulation. Approval was received on October 25, 2006, Permit Number L-636.

5. Originally provided was a copy of a document entitled Real Estate Inquiry, dated 7/27/2006, which listed the Town of Shapleigh as owner, as listed by deed reference, Book 14461, Page 121. The document also listed the number of acres, that being 67, and the location of the property being Cedar Drive. In addition, handwritten on the document was the following: Subject Parcel, Access Road – 2800 feet + or – length, 20 feet traveled portion, clearing 40 + 50 feet; Area to be Mined – whole parcel w/limitations of setbacks – minimum of 5 acres.

6. During the review process on December 12, 2006, Road Commissioner Richard Goodwin stated the gravel pit would be accessed from Square Pond Road; the Town wanted to be able to stockpile stumps on site, to be ground up at a later date and used for mulch; the gravel used would not be dug below the existing grade; all activity would take place more than 100 feet from the road and more than 100 feet from the adjacent property lines; a reclamation plan was not needed at the time of initial review because of the limited amount of gravel to be initially extracted, a reclamation plan would be presented and put into place when the exposed area is no longer going to be used.

7. On January 13, 2016, Road Commissioner Richard Goodwin and Selectman Michael Perro stated no changes were required from the original permit. The location will continue to be used for gravel extraction and on-site gravel storage, as well as a location to store tree stumps.

8. On January 22, 2019, Road Commissioner John Burnell stated the Town wanted to continue to use the gravel pit off of Square Pond Road and Cedar drive. He stated there were no changes in usage. The Town extracts gravel and keeps gravel product on site. The reclamation plan was as originally submitted.

9. On January 22, 2019, Road Commissioner John Burnell stated reclamation of the area next to Square Pond Road had been completed. The Town continues to stockpile loam and wood chips for future reclamation of the area, which he did not think would be necessary for at least 2 years, as there continues to be a lot of material for the Town to utilize.

Shapleigh Planning Board Minutes – February 13, 2019 Page 5 of 6

10. A notice was mailed to all abutters within 500 feet of the property, on Wednesday, January 23, 2019 and a Public Hearing was held on Wednesday, February 13, 2019 (due to a storm event on Tuesday, February 12). Meetings were held on Tuesday, January 22, 2019 and Wednesday, February 13, 2019.

11. The Planning Board unanimously agreed to approve the Conditional Use Permit to renew the permit for mineral extraction, on Map 7, Lot 7 & Lot 22A, as originally permitted on January 23, 2007, with one condition.

12. The condition of approval is as follows:

The approved gravel pit shall be allowed to operate for a period of three years from the date of approval, that being February 13, 2019, per Zoning Ordinance §105-61.E; at which time the permit will be re-reviewed and may be renewed by the Planning Board.

Motion:

After careful consideration and a review of all material presented to the Board, as well as Zoning Ordinance §105-61, ‘Mineral exploration and extraction, processing, and removal, including sand and gravel’, a motion was made on Wednesday, February 13, 2019 to approve the Conditional Use Permit to renew the permit for mineral extraction for three years from date of approval, on Map 7, Lot 7 and Lot 22A, per the information provided, with the above stated condition.

Vote:

By a unanimous vote of 3 – 0, the motion to approve the Conditional Use Permit for gravel extraction and storage of material for a period of 3 years was accepted.

Decision:

The Conditional Use Permit for the three year renewal for gravel extraction and storage of material for a period of 3 years was approved. The permit is valid through February 13, 2022.

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Growth Permits

Map 40, Lot 6 – 25 Mallard Way - Seasonal Conversion #1-19

This is an existing home permitted by the Town of Shapleigh.

Map 3, Lot 44 – Coley Trafton Road – New Home #2-19

This is a legal lot of record.

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The Planning Board meeting ended at 6:45 p.m.

Shapleigh Planning Board Minutes – February 13, 2019 Page 6 of 6

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 Wednesday, February 27, 2019 at 6:30 p.m. The meeting hall is unavailable due to Candidates Night on Tuesday.

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