June 25, 2017  6:36 AM 
May 10, 2017
Other Notices
May 01, 2017
May 01, 2017

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, April 25, 2017

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

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Public Hearing began at 7:00 p.m.

Conditional Use Permit – Earth Moving in the Shoreland District to Re-Direct Stormwater at the Town Beach on Square Pond – Map 35, Lot 43 (Indian Village Road) – Town Forest Trustee Nathan Gallant, Applicant; Town of Shapleigh, Property Owner

Mr. Nathan Gallant, Town Forest Trustee was present for the public hearing, along with Rosanne Chessie and her son Robert, a Boy Scout organizing this Eagle Scout project.

Roger asked Nathan Gallant to begin the public hearing, explaining what would be taking place. Mr. Gallant began by telling the audience he was a member of the Town Forest Committee and a Trustee and he was at the meeting along with Robert Chessie, a Shapleigh resident and a Boy Scout who was incorporating this as his Eagle Scout project. He said he, working with Robert, had come up with a plan to rehab and fix the driveway going into the town beach. He said they drew up a plan and they were not changing the position of the driveway, or the parking area and they were not increasing or decreasing the size of the area. He said they were taking the bad soil out that is in the driveway that is creating a ponding effect and replacing it with good quality draining soil. They were also putting in a sump hole to divert the water from the driveway into the sump hole, so the stormwater is dispersed correctly. He said at this time, the water is sitting in the driveway even at the driest part of the season.

Roger A. asked if there were any questions?

Madge B. was curious if the Town Forest Committee or the Town would pay for the materials? Mr. Gallant stated that part of Robert’s project was to acquire the help, the assistance, the machinery, the material, things of that nature. He said if people wanted to donate materials they can reach out. Madge asked if he could ask the Town Forest Comm. for help? Mr. Gallant stated that he could and they could discuss it. Madge thought it would seem logical to ask them for help, noting it was just her opinion.

Mrs. Chessie, Robert’s mother, stated that they were hoping they could get 95% of everything donated completely. She thought he could go to several different locations to get the gravel, asking for a donation.

Roland L. asked what the time line was for this project? Robert Chessie stated that he was hoping to have the project done by mid-June, before the boating season really started. Roland asked if it would be done during the week or on the weekend? Robert thought it would take place on the weekend. Caleb Chessie, the contractor on part of the project, thought it would take about one and one-half days to complete. Madge B. thought they had talked about having it done for July 1st.

Mrs. Chessie stated that once Robert gets approval from the Boy Scouts, then he will go to Caleb and tell him its time.

Roland L. asked if there would be a plaque put up indicating who did the project and/or for what purpose? Mr. Gallant stated that sometimes they do that.

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Shapleigh Planning Board Minutes – April 25, 2017 Page 2 of 9

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

The public hearing closed at 7:09 p.m.

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

The minutes from Tuesday April 11, 2017 were accepted as read.

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Conditional Use Permit – Earth Moving in the Shoreland District to Re-Direct Stormwater at the Town Beach on Square Pond – Map 35, Lot 43 (Indian Village Road) – Town Forest Trustee Nathan Gallant, Applicant; Town of Shapleigh, Property Owner

Mr. Nathan Gallant, Town Forest Trustee was present for the final review, along with Rosanne Chessie and her son Robert, a Boy Scout organizing this Eagle Scout project.

Along with the application, board members received a copy of part of Tax 35 which depicted Lot 43. Also depicted on this document was the location of the road in to the beach area, the existing outhouse, the area where earth moving will take place, the location of the 8’ x 4’ deep sump hole to be created for stormwater mitigation and the 75 foot setback to the high water mark. In addition, pictures of the proposed location were received, depicting the area where the sump hole would be located.

Also presented was an email from Mr. Gallant dated 4/7/17, to Jennifer Harris at the Maine DEP, which noted that all excavation for this project would be beyond the 75 foot setback to the water and that a drawing of the proposed project would be mailed to the DEP as well. An email from Ms. Harris to Mr. Gallant, dated 4/10/17, stated that because the project was greater than 75 feet from the high water mark, the project was exempt from permitting requirements under the Natural Resources Protection Act, but she acknowledged further permitting from the town should be obtained.

At an informal discussion at the March 28th Planning Board meeting, Robert Chessie stated that he was an Eagle Scout (Boy Scouts of America) and wanted to do a project at the Town Beach Parking Lot on Square Pond (corner of Cedar Drive and Indian Village Road) to mitigate an existing stormwater issue. He proposed moving the stormwater that collected on site into a sump, instead of it sitting on the lower side of the parking lot where everyone has to walk thru it. Mr. Gallant also spoke about the project and that the Town Forest Committee was in favor of it.

Roger A. stated that after the public hearing everyone present knew what was taking place. Since there were no further questions Roger began the review of the performance standards.

Roger A. reviewed the Basic Performance Standards for the application, as follows:

105-20 – Applicability of standards; prohibited uses. Roger A. noted this was not a prohibited use and there wasn’t anything that would be obnoxious or injurious caused by this activity, as listed in the ordinance.

105-21 – Traffic. Roger A. stated this was a parking area, so N/A.

105-22 – Noise. Roger A. stated that construction on this project could not be started before 7:00 a.m. due to noise level restrictions.

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105-23 – Dust, fumes, vapors and gases. Roger A. stated there would be a minimal amount of dust due to excavation and the spreading of gravel.

105-24 – Odors. N/A - There will be no obnoxious odors generated.

105-25Glare. N/A – There is no lighting being added.

105-26 – Stormwater runoff. Roger A. stated the reason for the project was to mitigate the existing stormwater runoff issue. A catch basin is being created along with using an erosion control mulch berm to direct stormwater to the catch basin.

105-27 – Erosion control. Roger A. stated best management practices would be used during the project which included erosion control mulch.

105-28 – Setbacks and screening. N/A

105-29 – Explosive materials. N/A

105-30 – Water quality. Roger A. stated there would be no harmful materials used on site. The project would help to protect water quality by keeping the effluent produced in the driveway from going into the lake.

105-31 – Preservation of landscape; landscaping of parking and storage areas. Roger A. stated no changes were being made to the size of the parking area.

105-32 - Relation of proposed building to the environment. N/A

105-33 – Refuse disposal. N/A

Roger A. reviewed §105-39 ‘Earth removal and filling other than mineral exploration and extraction’, Section D ‘Earthmoving in the Shoreland District’. Roger stated that because they were moving greater than 10 yards this project required a Conditional Use Permit. Roger stated that the person doing the erosion control practices must be certified in erosion control measures. He noted that Caleb Chessie was certified.

Roger reviewed Section F ‘Application for permit’. Roger stated the application met the requirements in this section.

Roger A. reviewed Section G ‘Conditions of Permit’. Roger stated that the application met the requirements in this section.

Roger A. reviewed Section H ‘Optional conditions of permit’. Roger stated there were no additional requirements necessary for this application.

Roger A. reviewed Section I ‘Surety and terms of permit’. Roger stated no surety would be required due to the minimal amount of time required to do the project and the overall scope of the project.

Madge B. noted that for the record she wanted to state that a lot of the conditions under Section G ‘Conditions of Permit’ really didn’t apply as they were conditions for a gravel pit. Steve F. agreed. Roger A. stated that this section didn’t apply only to gravel pits. Madge agreed but said again much of what is in this section does not apply due to the minimal amount of soil being moved and the minimal amount of disturbance taking place. There is no lagooning, there is no floodway, cuts or fills, ground cover isn’t being removed, no hazardous slopes, etc. Roger agreed.

Roger asked if there were any questions. There were none.

Roger A. then reviewed §105-73.G ‘Standards applicable to conditional uses’ and made findings of fact.

Standards applicable to conditional uses. It shall be the responsibility of the applicant to demonstrate that the proposed use meets all of the following criteria. The Board shall approve the application unless it makes written findings that one or more of these criteria have not been met.

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1) The use will not have an adverse impact on spawning grounds, fish, aquatic life, birds or other wildlife habitat. Roger A. stated, it will not, it will actually help the fish and aquatic life in the lake.

2) The use will conserve shore cover and visual, as well as actual, access to water bodies. Roger A. stated this will help enhance visual and actual access to the water body.

3) The use is consistent with the Comprehensive Plan. Roger A. stated it is, the Comprehensive Plan wants to preserve the lake water quality.

4) Traffic access to the site is safe. Roger A. stated, it is.

5) The site design is in conformance with all municipal flood hazard protection regulations. Roger A. stated, it is.

6) Adequate provision for the disposal of all wastewater and solid waste has been made. Roger A. stated that this is not applicable.

7) Adequate provision for the transportation, storage and disposal of any hazardous materials has been made. Roger A. stated that there is none generated by this activity.

8) A stormwater drainage system capable of handling fifty-year storm without adverse impact on adjacent properties has been designed. Roger A. stated this project is to keep the stormwater drainage on site and drain properly into the earth instead of into the lake.

9) Adequate provisions to control soil erosion and sedimentation have been made. Roger A. stated there is erosion control mulch being used to help channel sediment and water away from the parking area and the lake.

10) There is adequate water supply to meet the demands of the proposed use and for fire protection purposes. Roger A. stated this is not applicable.

11) The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties from detrimental features of the development, such as noise, glare, fumes, dust, odors and the like. Roger A. stated everything is in existence, no changes are being made.

12) All performance standards in this chapter applicable to the proposed use will be met. Roger A. stated they shall.

Madge B. stated that she wanted to raise the issue, as Roland L. had at the last meeting, that they are certain the end result is safe for children. She believed this should be a condition of the permit, so the contractor keeps this in mind. The other board members agreed.

CEO McDonough stated he was concerned with the idea of donated fill from various sources. He wanted to be sure he was notified so he could inspect the type of fill being brought in to be sure it is adequate. Roland L. agreed it should be noted what type of gravel was being brought in. Roland wanted to know if CEO McDonough wanted to see the gravel if it came from one source? CEO McDonough said yes, he at least wanted a phone call to be notified. Roland L. asked if the soil to be removed was still going to the Town pit area? Madge B. believed they understood if it doesn’t go there and it stays in town they need to get a permit or take it out of Shapleigh. Roger A. agreed that Caleb Chessie understood this to be the case at the last meeting. CEO McDonough noted that if less than 50 yards was moved to the general purpose district they would not need a permit.

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

1) The project is to be completed by July 15, 2017.

2) The end result of the project, which includes a sump hole, must include making certain the area around the sump hole is safe for children.

3) Any fill to be used on site must first be approved by the Code Enforcement Officer, therefore, prior notification must be obtained before fill is brought to the site.

4) Contractor to be used on the project must be DEP Certified in Erosion Control Practices.

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Madge B. made the motion to approve the Conditional Use Permit to move greater than 10 cubic yards of gravel in the shoreland district to mitigate the existing stormwater issue at the Town beach, on Map 35, Lot 43, per the plans presented and with four conditions. Maggie 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 35, Lot 43 (Indian Village Road), is the Town of Shapleigh, 22 Back Road, Shapleigh Maine.

2. The property itself is located both in the General Purpose and Shoreland District; the work is to be done in the Shoreland District and according to the assessor the property contains 2.98 acres.

3. The applicant, Nathan Gallant, Town Forest Trustee, is before the board to work with Robert Chessie to mitigate stormwater puddling on the existing parking area. Robert Chessie is doing this project as an Eagle Scout project with Boy Scouts of America.

4. Received was a copy of part of Tax 35 which depicted Lot 43. Also depicted on this document was the location of the road in to the beach area, the existing outhouse, the area where earth moving will take place, the location of the 8’ x 4’ deep sump hole to be created for stormwater mitigation and the 75 foot setback to the high water mark. In addition, pictures of the proposed location were received, depicting the area the sump hole would be located.

5. Received was an email from Mr. Gallant dated 4/7/17, to Jennifer Harris at the Maine DEP, which noted that all excavation for this project would be beyond the 75 foot setback to the water and that a drawing of the proposed project would be mailed to the DEP as well. An email from Ms. Harris to Mr. Gallant, dated 4/10/17, stated that because the project was greater than 75 feet from the high water mark, the project was exempt from permitting requirements under the Natural Resources Protection Act, but she acknowledged further permitting from the town should be obtained.

6. The board reviewed Zoning Ordinance §105-39, ‘Earth removal and filling other than mineral exploration and extraction’ and concurred that this project met all the criteria under Section D ‘Earthmoving in the Shoreland District’; Section G. ‘Conditions of Permit’ and under Section I ‘Surety and terms of permit’, a surety was not warranted for this project due to the limited size and scope of the project, as well as it taking a minimal amount of time to complete.

7. The board reviewed the Basic Performance Standards and the board concurred the application met all the standards imposed.

8. 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, with conditions.

9. A notice was mailed to all abutters within 500 feet of the property on April 12, 2017. An informal meeting was held on March 28, 2017. Formal meetings were held on April 11, 2017 and April 25, 2017. A public hearing was held on April 25, 2017.

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10. The Planning Board unanimously agreed to approve the Conditional Use Permit for earth moving in the Shoreland District in order to mitigate existing stormwater issues and it is to be done as an Eagle Scout project, located on Town owned property known as Tax Map 35, Lot 43, per the plans provided with conditions.

11. The conditions of approval are:

1) The project is to be completed by July 15, 2017.

2) The end result of the project, which includes a sump hole, must include making certain the area around the sump hole is safe for children.

3) Any fill to be used on site must first be approved by the Code Enforcement Officer, therefore, prior notification must be obtained before fill is brought to the site.

4) Contractor to be used on the project must be DEP Certified in Erosion Control Practices.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of the Zoning Ordinance ‘Basic Performance Standards’, Zoning Ordinance, §105-39, ‘Earth removal and filling other than mineral exploration and extraction’ and §105-73, Section G, ‘Standards applicable to conditional uses’ a motion was made on Tuesday, April 25, 2017, to approve the Conditional Use Permit for earth moving in the Shoreland District in order to mitigate existing stormwater issues and it is to be done as an Eagle Scout project, located on Town owned property known as Tax Map 35, Lot 43, per the plans provided with four conditions.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use for earth moving in the Shoreland District in order to mitigate existing stormwater issues and it is to be done as an Eagle Scout project, located on Town owned property known as Tax Map 35, Lot 43, per the plans provided with four conditions, was accepted.

Decision:

The Conditional Use Permit for earth moving in the Shoreland District in order to mitigate existing stormwater issues and it is to be done as an Eagle Scout project, located on Town owned property known as Tax Map 35, Lot 43, per the plans provided with four conditions, was approved.

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Best Possible Location – Add Bedroom and Closet to Existing Structure – Map 30, Lot 66 (35 Hickory Street) – Debbie Powers, Applicant

Ms. Powers was present for the review of the application.

Along with the application, Ms. Powers presented the board members with a conceptual plan drafted by Joseph Stanley, PE #2453 of LinePro Land Surveying, LLC which depicted the existing two sheds on the property, the parking area, steps, existing camp and proposed 20’ x 12’ expansion with overhang. Also provided, was the Subsurface Wastewater Disposal System Application, dated 5/9/2011, done by Mark Truman, SE #121.

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The description of the project read as follows: Goal to add bedroom and closets – removing existing bedroom and chimney.

Roger A. asked Ms. Powers to explain to board members what it was that she wanted to do. Ms. Powers began by stating that she had an 8’ x 9’ bedroom and on the other side of it is an 8’ x 10’ porch. She wanted to remove the wall between them and then add a bedroom and a closet, because there isn’t one closet in the place. She said the chimney she doesn’t use and it is in the center of the building. Because she has to put in a new room, she thought the timing was good to remove the chimney.

CEO McDonough stated that because this addition requires a foundation, she is here because of §105-4.D(3) ‘Foundations’. Ms. Powers stated that it would make more sense to put it on a slab but because she put in a new well and septic system and the lines go four feet under where this bedroom is going, it would be difficult to access it if there was a problem, so she is going to have a crawl space for access. She noted it would not be a basement.

Roger A. asked if this goes up to the 30% expansion. Ms. Powers said it wasn’t quite up to the 30%. (The plan shows 30% expansion to be 273.49 square feet and this addition would be 263.95 square feet.)

Madge B. said this is best possible location and the board needs to go see it. Roger A. agreed. Madge asked if any trees needed to be removed? Ms. Powers said one tree has to be removed, it towers over the camp and part of it is dead. She said she would like to plant two trees to replace it, on the side of the property, on the west side of the building.

Ms. Powers stated that she notified DEP (Permit by Rule) and that should be ready for the next meeting.

Roger A. said members would meet at the town hall at 6:20 p.m. on Tuesday, May 9th and meet on site at approximately 6:30 p.m. A notice to abutter will be mailed as well.

Nothing further was discussed.

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Best Possible Location – Replace Existing Structure – Map 43, Lot 27 (109 Pine Cone Drive) – Paul Litchfield, Applicant

Mr. Litchfield was present for the review of the application.

Along with the application, board members received a proposed cottage plan drafted by John Perry, Jr., PLS #2127. The plan depicted the location of the proposed leachfield, proposed cottage, existing cottage and concrete patio, all in relation to the side lots line, distance to Pine Cone Drive and Silver Lake. Also received was a copy of the Subsurface Wastewater Disposal System Variance Request dated as accepted by the Shapleigh CEO on 6/14/2012; the Subsurface Wastewater Disposal System Application drafted by Thomas Milligan, dated 6/6/2012; and a copy of a Permit by Rule Notification Form to replace the existing structure, dated as accepted by the DEP on 9/24/2014.

The application description reads as follows: Existing structure torn down and replaced with new structure but different dimensional footprint.

Roger A. asked the applicant to explain to the board what he intended to do. Mr. Litchfield stated the existing structure needs to be torn down, it is bad and unsafe. He said he was told the previous owner was before the board in 2011 and the board approved a best possible location at that time. He said he understood that the approval was no longer valid, but he was sticking to the original owners plan. The plan was to make

Shapleigh Planning Board Minutes – April 25, 2017 Page 8 of 9

the new structure longer but not as wide as what exists. He said he also wanted to move the structure back six feet from the water than what is there now.

Note: September 27, 2011, the planning board approved the best possible location to replace the existing structure as follows:

The proposed new structure would be 30.96 feet on one corner and 34.54 feet on the other corner from the high water mark of Silver Lake. The distance to Lot 26 will be 13.86 feet and Lot 28 will be 12.39 feet. The proposed new structure would be 24 feet wide by 30 feet long with an 8’ x 24’ covered porch on the lake side.

The conditions of the original permit are as follows:

1) The Best Management Practices shall be used until the project is completed.

2) The cement patio next to the water is to be removed.

3) The revegetation plan shall be given to the CEO prior to construction for his review and approval.

4) The revegetation plan shall be completed by 6/30/2012.

5) A licensed surveyor must place the structure per the approved plan and certify the foundation location.

Roger A. stated that by increasing the size of the cottage, the footprint, it was increasing the amount of the percentage of land being covered and that may be an issue. Mr. Litchfield stated that the existing property with the overhangs, the porch and walkways, is 1,213 feet. He stated the proposed 46’ x 26’ included the overhangs for the footprint, but the actual house is only 24 feet wide with a foot overhang. Roger said the board looks at the actually size looking down upon the earth, so the board looks at the 26 feet wide. Mr. Litchfield said with the overhangs it is still only 1,196. He said he was trying to maximize the most house he could get and it would only be one floor based on how high he could go up.

Roger A. noted the ordinance limits lot coverage to 10% lot coverage, and going to 18% he felt was pushing it. CEO McDonough noted that he was already at a higher percentage. Mr. Litchfield agreed stating he was already at 18%. Roger asked if the concrete patio was being removed? Mr. Litchfield said, yes it was going. He added that it was old and some of it was buried.

Roger A. stated the board would do a site inspection on May 9th around 7:00 p.m., just before the planning board meeting. He said after the site inspection everyone would come back to the town hall for the regular meeting. A notice to abutters will be mailed as well.

Madge B. stated the board would want to know if any trees would be removed and how that would be taken care of. Mr. Litchfield said four trees would have to be removed. He said with some guidance from the Code Enforcement Officer, they would put more back in. He said his wife was upset about removing trees to begin with. Roger A. stated the board would need a plan showing where the replacement trees would be placed. The plan needs to show which trees would be cut and where the new ones would go, as they have to be in a similar proximity to where the ones being removed are located, with respect to distance from the lake. He added that trees going back in have to be six feet in height from the ground to the top of the tree at a minimum. CEO McDonough stated the trees have to be indigenous and they have to be no farther from the water than the existing you are taking and planting down the property line does not work, it circumvents the objective of creating a buffer strip to the water. He said the board will need to see this information in writing before they can approve the application. He said if they had this information for the next meeting it would expedite their approval, therefore, draw a plan, showing the trees to be cut and where the new trees will be planted and they have to be indigenous. Ornamental trees don’t count, shrubs don’t count. The

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applicant asked if an apple tree counted as they wanted to save it, and CEO McDonough said it would count if they could actually save it.

Roland L. said the patio area, where it will be removed, as part of the revegetation plan the board will need to know how that area will be addressed. Will something be planted? Mr. Litchfield said there is grass there now, so that is probably what they will keep. Madge B. said the board would look at it but they do not prefer grass. Roland stated the problem with grass is people want to fertilize it to maintain it and this is not allowed. Fertilizer degrades the quality of the water over time. Roger A. agreed stating there is a provision that no fertilizer can be used within 100 feet of the water. Roland again said the revegetation plan needs to address tree removal, what the trees will be replaced with and any areas being disturbed how they will be addressed. Madge said the area where the old cottage will be removed will also need to be addressed.

Mr. Litchfield said he would create a plan and have it for the next meeting.

Nothing further was discussed.

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Growth Permits

Map 4, Lot 7K-1 (Fern Drive) – New Home

The board reviewed Lot 7K-1 and it meets the criteria for a legal building lot in Shapleigh, as it is part of an approved subdivision. GP #02-17 was assigned.

Map 8, Part of Lot 54 (Garland Road) – New Home

The board reviewed Lot 54 and the new lot being created meets the criteria for a legal building lot in Shapleigh, having the required road frontage and minimum lot size. Also Lot 54 has not been divided within the last five years. GP #03-17 was assigned.

Map 11, Part of Lot 23H (Gray Road) – New Home

The board reviewed Lot 23H and the lot is large enough to host a new lot, having the required road frontage for more than one lot and it can meet the minimum lot size. Also, there has been no division of the lot within the last five years. GP #04-17 was assigned.

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The Planning Board meeting ended at 8:15 p.m.

The next meeting will be held Tuesday, May 9, 2017 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 6:30 p.m. Please contact the Land Use Secretary if there is a question in scheduling, 207-636-2844, x404.

NOTE: We are back to our summer schedule with the meetings beginning at 7:30 p.m. thru November 1st.

Respectively submitted,

Barbara Felong,

Land Use Secretary planningboard@shapleigh.net