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 Shapleigh Planning Board


Wednesday, February 27, 2019

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


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’.


The minutes from Wednesday, February 13, 2019 were accepted as read.

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


Best Possible Location – Replace Existing Structure – Map 29, Lot 29 (43 Hickory Street) – LinePro Land Surveying LLC, Applicant; Cote & Ellis Trusts (Ron & Patricia Cote), Property Owners

Joseph Stanley of LinePro was present for the review of the application.

Provided along with the application was an email, dated 2/11/2019, from Ron & Patricia Cote stating that LinePro Land Surveying would be representing them at the Planning Board meetings. Also provided was a plan drafted by Joseph Stanley, PLS #2453, entitled ‘Plan Showing a Proposed Building Location for Ronald H. Cote Revocable Trust & Patricia A. Ellis Living Trust, 5 Falls Lane, North Berwick, Maine, of Property Located on Hickory Street in Shapleigh, Maine’. Depicted on the plan is the footprint of both the existing house and proposed location, the location of Hickory Street & the existing driveway; the existing retaining wall; the location of the utility lines and setback to those; the location of existing trees and proposed stabilization plan which includes the location of blueberry/juniper bushes and bark mulch; and an existing shed, concrete area, deck and stairs toward the water. The plan stated the lot size is 23,297 square feet ±. The distance from the existing structure to the high water mark is indicated as 35.9 feet ±; the distance of the existing structure to the centerline of Hickory Street is 64.7 feet at the closest point; the distance to the lot line of Map 29, Lot 28 is 27.2 feet ±; and the distance to the lot line of Map 29, Lot 30 is 35 feet ±. The distance from the proposed new structure to the high water mark is indicated as 75.9 feet and the distance to the centerline of Hickory Street is 35.9 feet. The 30 foot minimum requirement for the side setbacks back is also indicated on the plan and the existing and proposed structure meets the requirement.

Roger A. asked Mr. Stanley to let the board now what his client wanted to do. Mr. Stanley stated that they wanted to do a Best Practical Location on Square Pond at the end of Hickory Street. He said it was straight forward, they were proposing to slide the building envelope back about 40 feet. He stated that the existing structure and proposed were fairly centered on the lot, and the distance back honors the 15 foot setback to the CMP powerlines. He said the existing building is currently about 35 feet from the lake and the proposed location is approximately 75 feet from the lake.

Page 1 of 4

Shapleigh Planning Board Minutes – February 27, 2019 Page 2 of 4

Mr. Stanley stated that there would be a standard revegetation, noting his clients were happy with idea of blueberry bushes and bark mulch. He stated that at the site inspection the board may have other suggestions, and they would be open to ideas.

Roger A. asked if there was going to be a new septic system put in? Mr. Stanley stated that there would be, but noted it had not been designed yet, therefore, he wasn’t sure what the location was going to be at this moment. CEO Demers asked if he knew where the existing septic location was? Mr. Stanley did not know and wasn’t sure the applicant’s knew, because they just bought the property recently. He stated that his clients did not want to do a septic design until they knew where the location of the new structure would be.

Ann H. asked if the retaining wall was coming down? Mr. Stanley stated that it would be if the structure gets moved back to where they were suggesting.

Steve F. asked what the distance to the high water mark was currently? Mr. Stanley stated that it is 35 feet and they are hoping to move it back to 75 feet. Mr. Stanley said they thought they would put the well in the front and the septic toward the rear of the property.

Ann H. asked if the owners know why the retaining wall is placed where it is? Mr. Stanley stated that when on site, the wall makes sense. He said where the existing building is, is relatively flat, and the wall was probably put in to step up to the natural grade, and he noted the wall was only a few feet in height.

Roger A. asked about a parking area. There was none shown on the plan. Mr. Stanley stated that he had to figure that out. He said once the building envelope is determined they may put in a garage and have drive-in parking on the first floor. At present they were not certain.

Roland L. asked if this was a shared driveway, noting the abutting property owned by Mr. James Stonemetz. Mr. Stanley stated that on the plan was a bunkhouse on Mr. Stonemetz property, he did not think it was used as a residence. He said most properties come in from another direction.

Mr. Stanley said they haven’t put a lot of thought into the design of the building, because they were waiting for the approval of the location.

Roger A. stated a site inspection would be held prior to the next meeting on Tuesday, March 12th at 6:00 p.m. Members will meet at the Town Hall. (Roland will meet members at the site.) A notice to abutter will be mailed as well.

Mr. Stanley stated the front of the new building will be at the back of the old building. The plan delineates the 100 foot mark from the water.

Steve F. stated that in the interest of full disclosure, the applicants work for him. He stated that he had no problem sitting out on this if the board felt it was warranted. He noted that he had no financial gain from this project. He said he did not care either way, so if anyone on the board feels he should step down he had no issue doing so.

Shapleigh Planning Board Minutes – February 27, 2019 Page 3 of 4

Madge B. stated that whether or not it is an issue, is not only financial, but perception. She asked if he could speak to that. Did he think people would perceive him as being biased because they work for him?

Steve F. stated that he felt he was one of five members, but at the same time they have alternate members, and can make quorum. He added that even if Ann is not present, they will have four members. He had no issue abstaining from the vote of any part of the discussion, which would be perceived that he would persuade the board, or have any influence on the outcome.

Maggie M. thought the purpose of sitting out was if you were going to have any gain from it. Madge B. stated that it was not only financial gain but bias, which is why she asked him, because it is both. Madge stated, “The reason is you’ve got to be able to sit here as a public citizen representing the Town’s interest. That is why I asked him. And his answer is that he is fine, but that is why I asked”.

Mr. Stanley stated that it was hard because in a small town everyone knows everyone. He said he considered many of the board members friends. He said he looked at the financial side of it, is there something to be gained. Madge B. stated that was the most important issue but sometimes it is perception. She said as an example, she sat out because some good friends were in front of the board, and it would be really hard for her to vote on something for them, noting she had no financial interest at all. She said again that is why she asked him, and his answer was no, there was no issue. She said it was his decision.

Steve F. said he brought it up because it could be an issue down the road. Madge B. thanked him for bringing it up. Roger A. stated that now that he knows, he will bring it up at the next meeting and make sure no one in attendance has an issue.

Nothing further was discussed.


Growth Permits

Map 6, Lot 30B-2 – Nason Road – New Home #3-19

This is a legal lot of record, meeting the dimensional requirements of the Town.


The Planning Board meeting ended at 6:55 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, March 12, 2019 at 6:30 p.m.

Shapleigh Planning Board Minutes – February 27, 2019 Page 4 of 4

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