July 29, 2020 | |
Shapleigh Planning Board Minutes Tuesday,
July 14, 2020
This
evenings meeting was conducted via Zoom due to Covid-19.
Members
in attendance: Roger Allaire (Chairman), Madge Baker, Maggie Moody, Roland Legere, and Alternate
Ann Harris. Code Enforcement Officer Mike Demers was also in attendance.
Steve
Foglio was unable to attend. Ann Harris sat
in as a regular member this evening.
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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’ or ‘Abutter’ depending on whom is speaking.
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Public Hearing began at 7:00
pm
Conditional Use Permit – Quilt Shop – Map 18, Lot 32A (120 Emery
Mills Road) – John & Donna Johnson, Applicants; Paul Muse, Property Mrs.
Johnson was in attendance via Zoom for the public hearing.
Roger A. opened the public hearing and asked Mrs.
Johnson if she would let everyone on Zoom know what she intended to do. Mrs. Johnson stated she wanted to move her
existing business, Primitive Quarters Quilt Shop, from their home at 52 Jones
Road, to the new location at 120 Emery Mills Road. She stated there would be a larger space, and
therefore, she would be able to expand, since her business has grown over the
last five years.
Roger A. asked if anyone had any comments or
questions for Mrs. Johnson?
Roger A. asked Mrs. Johnson if the hours of operation
were still going to be from 6 am to 10 pm? Mrs. Johnson stated, yes, she was covering herself because sometimes she
has events. She said that typically she
opens at 10 am, but she may want to open at 9, so she wanted to be sure her
hours were covered. She said, also, she may be in there working and if someone
wanted to come in, she didn’t want to have to turn them away. She added that she also does evening classes
and sewing groups. She stated that she
was not sure what nights she would be there, and the nights and times change,
so she wants to be sure any time she was there she was covered. Roger did not think any board member would
have an issue with it.
Roger A. asked if there were any other questions for
Mrs. Johnson?
Roland L. asked Mrs. Johnson if she would be having
other people work with her, or would it be her sole operation? Mrs. Johnson stated that because she is
expanding to the sale of sewing machines, she probably will at some point hire
some employees. She said that definitely
for events, she would need people to help in addition to herself. Page
1 of 28 Shapleigh Planning Board
Minutes – July 14, 2020 Page 2 of 28
Roger A. asked if there were any other questions for
Mrs. Johnson?
Roland L. asked if there would be any special signage
or lighting? Roland said he realized signage
was handled by the CEO. Mrs. Johnson
stated that she planned on taking the existing sign that she had currently. She said that she measured Mary’s sign (Keepin
it Local) and her sign is roughly about the same size, so she is taking her existing
sign and moving it to the new location. Roland L. thanked Mrs. Johnson.
Roger A. asked if there were any other questions for
Mrs. Johnson?
Madge B. asked when she might open? Mrs. Johnson stated that Mary Letourneau
would be moving out next Monday, Sunday (July 19) is her last day of
serving. Mrs. Johnson said she planned
on moving in then and finishing the restorations and painting. She believed she would not be opening until
the last Wednesday in July (29th).
Roger A. asked if there were any other questions for
Mrs. Johnson? There were none. Roger stated the public hearing for Mrs. Johnson
was closed. It closed at 7:10 p.m. ---------------------------------------
Amendment
to the Subdivision Known as Red Pine Estates – One Additional Lot – Map 11,
Part of Lot 28F (Newfield Road) – Nickolas Richardson, Property Owner; Joseph
Stanley, Representative Mr. Stanley was present via Zoom for the public hearing,
representing Mr. Richardson.
Roger A. asked Mr. Stanley to brief the board and
those on line, for the amendment to the subdivision. Mr. Stanley began by introducing himself and
that he was from LinePro Land Surveying, representing Mr. Nickolas Richardson. He stated Mr. Richardson owned about 80 acres
on the Newfield Road. He said that years ago Mr. Richardson had purchased the
remaining lot in the subdivision, which was known as Lot 4 at the time. He said that since that purchase, back in
2007, Mr. Richardson approached the board and sought approval on a private way
and one additional house lot coming off that private way. He stated that Mr. Richardson
still owned the lot as a rental unit, and currently Mr. Richardson moved a
house onto the large lot from a different location, and is currently finishing
up construction on the house. He stated
Mr. Richardson would like to use the previously approved private way for access
to this moved house. He said the primary
concern for approval of a new lot is not for sale purposes, but so he can get a
mortgage on the home and new lot, rather than encumber the entire ownership of
the 80 acres. He noted that if he got
approval for the new lot, it is a good function to be able to sell the lot in
the future if he wanted or needed to.
Mr. Stanley stated that he met on site with the
Planning Board prior to the meeting this evening. He said they went over a few things on site.
He said two major things were whether or not the private way needed to be paved,
and also possibly moving the hammerhead turnaround up 50 feet, to better suit
the site conditions as they are currently constructed.
Mr. Stanley asked if anyone had any questions? Roland L. wasn’t sure if this was the time to
bring this up or not, but during the site visit it was mentioned to grant the
Town of Shapleigh an easement to the fire pond, which is located on the back
side of the property. He wasn’t sure if he should mention it now or later but
he thought he would bring it up, since it was talked about on the site
visit. Shapleigh Planning Board
Minutes – July 14, 2020 Page 3 of 28
Mr. Stanley stated, “The hydrant that Roland is
speaking of was part of the approval in 2007, from when the private way and new
lot went in. It was on his plan and the recorded plan the board approved in
2007. What Roger had brought up, and it
was discussed without objection, that as part of this approval, should this
move forward, I would write a clearer easement for the Town to be able to
access that hydrant in the future.” He
didn’t think the Town would have trouble doing so now, but it wasn’t depicted
clearly what the Towns rights were on the current plan. He said that taking the two steps of adding
more verbiage to his plan and deeding the Town an actual easement recorded at
the YCRD separately from the plan, would be the goal, to be sure the Town
always has a clear right to access the hydrant.
Roger A. asked if there were any additional
questions? There were none. The public hearing closed at 7:15 pm.
---------------------------------------------
Conditional Use Permit – Hold Small Events & Venues, and Weddings
– Map 1, Lot 22A (24 Deering Ridge Road) – Meagen & Brent Lavoilette,
Owners & Applicants Mrs. Lavoilette was present via Zoom for the public
hearing.
Roger A. asked Mrs. Lavoilette to let anyone who is
attending the Zoom meeting know what she intended to do. Mrs. Lavoilette stated she was proposing to
have weddings and small venues and events in her barn on Deering Ridge Road. She stated she intended to have under 200
people at the events. She said the hours
of operation would be expanded since her first application review, she now was
requesting 6 am to midnight, because if she had weddings, she wanted people to
be able to come in and set up in the morning and have time to pick up in the evening. She said if the venue ends by 10 pm for noise
control, to meet the ordinance, she wanted them to have time after, to pick up
and exit the premises.
Mrs. Lavoilette stated with respect to noise
control, she did not plan to have any outside entertainment past 8 pm, everything
will be contained inside the barn after that. She stated parking would be in the field behind the barn. She said they would be having traffic control
at the end of the venue if there will be a large amount of people exiting at
the same time. She said in her proposal
she had stated if there were 50 or more people, they plan to hire in traffic
control.
Roger A. asked if anyone had any comments or
questions for Mr. Lavoilette?
Abutter Gary Goodwin of 28 Deering Ridge Road (Map
1, Lot 23) – Mr. Goodwin stated his concern was noise and that Deering Ridge
Road was very busy as it is. He was
concerned what this would do adding to the traffic that already goes down the
road. He stated he lived about 100 feet
away from their property and he wasn’t thrilled about having a lot of noise.
Roger A. stated that noise was one of the boards
concerns as well, along with traffic. He
stated that the board did a site inspection and noted the amount of traffic
currently, and the amount that could be generated, which is why he believed
Mrs. Lavoilette was looking to hire traffic control.
Mr. Goodwin stated that he understood that but he said
there was an unbelievable number of vehicles that go by the property, and added
that where their driveway was there is a blind spot between there and the
highway. Shapleigh Planning Board
Minutes – July 14, 2020 Page 4 of 28
Mrs. Lavoilette speaking to Mr. Goodwin stated that
she did contact Bill King at the York County Sheriff’s office, he is the
Sheriff, and she said they had a lengthy conversation about it and they do
offer traffic control. She said her plan
was for a larger event to hire them in. She said they have a minimum of four hours, so they would be on site
four hours up to the end of the event for traffic control. She stated she was waiting for a call back
from Paul Mitchell, who is the one who organizes the traffic control. She stated that safety was a concern for her
as well, so her plan was to have a marked vehicle at the top of the hill for
traffic control. She said she wouldn’t
have just anybody doing traffic control, her priority, as well as the Planning
Board, is to have it as safe as possible.
Mr. Goodwin asked how Mrs. Lavoilette would control
keeping people inside the barn and not wandering?
Mrs. Lavoilette stated she would have people
monitoring it and noted that the parking is out in the field. She stated it
would be part of her policy and contract, that people needed to stay inside the
barn.
Mr. Goodwin stated with respect to the bands that
would be playing, would they keep the sound down? He pointed out that sound carries in the neighborhood.
Mrs. Lavoilette believed she knew the location of
Mr. Goodwin. She stated that she had
doors on each side of the barn.
Mr. Goodwin stated he was familiar with the barn,
noting he was located right beside her. He said he was very familiar with the property.
Roger A. stated the noise would fall under the noise
ordinance, and if there are any complaints, the Sheriff’s Department will be
called to come and measure the volume at the outside property lines to see what
the decibels are, and to see if the noise exceeds the levels permitted. He said if the noise exceeds the limit then
the noise will have to be reduced.
Mr. Goodwin wanted to know if this would be a 7 day
a week operation?
Mrs. Lavoilette stated this would be just
weekends.
Mr. Goodwin wanted to know if it was every weekend
all year long?
Mrs. Lavoilette stated it would not be every
weekend. She said her primary focus is
to have weddings, that is her passion. She believed she would only be holding them in the warmer months, May
through October, Friday thru Sunday. She
noted that it was her residence as well, so it would not be a 7 day a week operation.
Mrs. Carol Goodwin also of 28 Deering Ridge Road –
Mrs. Goodwin stated she was not only concerned about the driveway but going
across the bridge, where there are people fishing, and also at the top of the
hill where you go onto Route 109. She
said it was a very tricky corner to get out of going from Deering Ridge to
Route 109. She wanted to know if Mrs.
Lavoilette would have traffic control in that location.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 5 of 28
Mrs. Lavoilette stated that was not part of her
plan.
Mrs. Goodwin stated that that was a very dangerous
corner. She stated that when pulling out
onto Route 109, you could not see well pulling out toward Mousam Lake (taking a
left), you could only see a short distance. She said coming in from Ted’s (Fried Clams), there is a steady stream of
traffic on the weekends. She said adding 30, 40, or 50 more cars trying to pull
out could be an issue.
Ann H. asked Mrs. Lavoilette if people were going to
have to exit in one direction, either right or left, or would they be able to
go either way? Mrs. Lavoilette stated
that she was going to have people use the lower driveway to exit because she
felt that would be safest.
Mrs. Goodwin asked if Mrs. Lavoilette was going to
have people exiting the driveway, all go to the left, so they don’t go over the
bridge and out onto Route 109? Mrs. Lavoilette
stated they would go left or right, whichever direction they needed to go in. Mrs.
Goodwin stated that still left the issue of the corner of Route 109 and Deering
Ridge Road.
Roger A. agreed and he stated that the board would
be looking at this during the review at the regular meeting. The board would
look at traffic requirements.
Ann H. asked if she was standing in the driveway,
what direction was left and right. Mrs.
Lavoilette stated if you pulled out of her driveway, right would go toward the
bridge. She said left would go up the
hill. Ann said, ok. She was wondering where the best location would
be for traffic control, the right or the left. Mrs. Lavoilette stated that at the
site inspection the board thought the safest spot would be to have someone located at the top of the
hill. Ann agreed. Mrs. Lavoilette stated that people tend to
drive over the speed limit over the hill, so that was the safety concern she
believed everyone agreed upon.
It was asked what the speed limit was. Mr. Goodwin thought it was 35 mph. He said that coming out of his driveway he
has almost been hit several times, due to the speed of traffic. CEO Demers stated that he looked for a speed
limit sign and there is none on the road all the way to Sanford. Mr. Goodwin thought on Rte. 109 there was a speed
limit sign posted where it says Deering Ridge Road.
Mrs. Goodwin stated that on weekends there are a lot
of motorcycles that go by and she noted that they are very hard to see. Mrs. Lavoilette did not think the fact
motorcycles used the road should be her responsibility. Mrs. Goodwin said they were looking at
traffic and you can’t see the motorcycles. She said traffic overall was a big concern, especially going onto 109
and coming up over the hill. Mrs. Lavoilette
stated that she could appreciate that. Roger A. stated that the board did realize it as well, and it was
brought up at the site inspection, and it is an issue the board will need to discuss
during the regular meeting. Mrs. Goodwin
stated it would be nice to have a traffic light at the end of the road. Roger agreed that it would help getting out
onto Route 109, it can be difficult.
Mr. Goodwin stated that these were the concerns they
had. He did not want to take away people’s
rights to do what they wanted with their property. He said it was a beautiful barn
and he’s been in it, and he thought it was probably a perfect place for what
they want to do.
Roger A. asked if there were any additional comments? There were none.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 6 of 28
The public hearing closed at 7:28 pm.
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The minutes from Tuesday, June 23,
2020 were accepted as read.
The Planning Board meeting started at
7:30 p.m.
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Conditional Use Permit – Quilt Shop – Map 18, Lot 32A (120 Emery
Mills Road) – John & Donna Johnson, Applicants; Paul Muse, Property Owner Mrs. Johnson was present for the
review of the application via Zoom.
Presented along with the application,
was a copy of a sketch plan depicting approximately 21 parking spaces, the location
of the septic system, the location of the existing building, the distance from
the building to the septic system, and the traffic pattern on site. Also provided
was a copy of the Town Tax Map depicting Map 18, Lot 32A, a copy of the Subsurface
Waste Water Disposal System Application, drafted by John Large, SE #7, on July
23, 2008, for a single family 3 bedroom home or beauty salon – 2 chairs and 3
employees (1000 gallon tank with a small disposal field).
Detailed Description of the Project
is as follows: I plan to relocate my existing Quilt
Shop at 52 Jones Road to 120 Emery Mills Road, formerly Keepin it Local. Hours
of Operation: 6 am to 10 pm. Days of Operation: Sunday through Saturday. We will
offer the sales of the following: Fabric, Wool, Books, Patterns, Notions, Kits,
Threads, All Sewing Supplies, Sewing Machines, Sewing Machine Accessories,
Sewing Machine Tables and Cabinets. We
will provide the following services: Quilt and Craft Classes, Group Sewing
Sessions, Sewing Machine Service and Repairs.
A note that stated ‘Transition Date
July 17, 2020’ was posted to the description of services.
Roger A. asked Mrs. Johnson to let
the board know what she wanted to do in case there are someone new to the
meeting. Mrs. Johnson stated she was relocating
her existing business Primitive Quarters Quilt Shop to a new much larger
location at 120 Emery Mills Road in Shapleigh, and she planned on expanding her
hours. She stated currently she sells fabric, books, patterns, sewing/quilting
notions, and she planned on expanding to also the sale of sewing machines, and
offering service of the sewing machines that she sells. She said she would
increase her hours of operation, and days of operation, and she is looking
forward to this new chapter.
Roger A. asked if anyone had any
comments or questions for Mrs. Johnson? There were no questions.
Roger A. stated moving the existing business
to the new location is allowed, and Mr. Muse accepting the new business is
allowed once the existing business, Keepin it Local vacates the premises. Roger stated that a condition of approval
will be that prior to the Quilt Shop moving in or opening, Mr. Muse will have
to relinquish the existing Conditional Use Permit at present. Mrs. Johnson asked what he had to
relinquish? Roger stated, “The permit
for Keepin it Local”. Mrs. Johnson
stated, “Ok”. Mrs. Johnson Shapleigh Planning Board
Minutes – July 14, 2020 Page 7 of 28
asked where he had to do that, did
he go to the town hall to do that? Roger
stated, that yes, he would have to provide a letter stating that fact, and that
would allow Mrs. Johnson to open her business. Mrs. Johnson stated, “Ok, alright. That’s easy enough”.
Roger A. began review of the Basic Performance Standards for the application. 105-21 – Traffic. Roger A. stated access to the site was safe,
this location was previously approved on the original CUP. Site distances can
be met in both directions. 105-22 – Noise. Roger A. stated there will be no noise generated from the activity. 105-23 – Dust, fumes, vapors and gases. Roger A. stated there is no dust, fumes, vapors or gases, generated by this activity. 105-24 – Odors. Roger A. stated there will be no obnoxious
odors generated. 105-25 – Glare. Roger A. stated there shall be no additional
lighting added to the structure. There is existing lighting on the building at
this time. 105-26 – Stormwater
runoff. Roger A. stated there are no
changes being made to the property that would cause a stormwater problem. There
are no issues at this time, and the building and parking area are in existence. 105-27 – Erosion
control. Roger A. stated there are no
changes being made to the existing property that would create an erosion issue.
The building and parking area are in existence. 105-28 – Setbacks
and screening. Roger
A. stated existing vegetation will remain, no changes are being made on site. 105-29 –
Explosive materials. Roger
A. stated, there shall be none on site and none to be generated. 105-30 – Water
quality. Roger A. stated, there is no waste
or hazardous material generated by this activity and no outdoor storage of fuel
to affect water quality. 105-31 – Preservation
of landscape; landscaping of parking and storage areas. Roger A. stated no changes are
being made to the existing parking area, there is no outside storage associated
with this activity. 105-32 -
Relation of proposed building to the environment. Roger A. stated the building is in existence
and conforms well with others in the surrounding area. 105-33 – Refuse
disposal. Roger A. stated there was minimal
refuse generated by this activity. The
applicants will take refuse to the transfer station. 105-34 – Access
Control to Route 109. Roger A. stated that the existing entrances
were previously approved, there are no curb cut changes being made. The minimum
site distances can be met. 105-43 – Off-street
parking and loading. Roger A. stated there was plenty of off-street parking in existence at
this time and was approved for the prior business. Madge B. asked Mrs. Johnson how many people she
would have at a class, since traffic could be an issue on Rte. 109. She wanted
to know if there would be many cars leaving the site all at once? Mrs. Johnson stated that she wasn’t positive
how many she could fit, but she said most instructors do not want anymore than
8 to 10 students at one time. She felt that would be the maximum for a class.
Mrs. Johnson also pointed out that students finish up at different times, so it
isn’t necessarily the case that they will all leave at the same time. Madge said, “Perfect”. Shapleigh Planning Board
Minutes – July 14, 2020 Page 8 of 28
105-46 – Sanitary provisions. Roger A. stated there is an existing State
approved septic system on site. Madge B. asked if there was an approved septic
system and bathroom. Mrs. Johnson stated
that it did have both and she noted one of the reasons for the move, was to be
able to have a bathroom for customers. She said that it was handicap
accessible. 105-47 – Signs and billboards. Roger A. stated that all signage must be permitted and approved through
the Code Enforcement Office.
Roger A. asked again if there were any other
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.
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. 2) The use will conserve shore cover and visual,
as well as actual, access to water bodies. Roger A. stated this is not applicable. 3) The use is consistent with the Comprehensive
Plan. Roger A. stated it is, the Comp Plan wants
businesses along Route 109. 4) Traffic access to the site is safe. Roger A. stated it is, the site distances
meet the minimum in both directions. Roger noted that this business will likely
produce less traffic than the previous business on site. 5) The site design is in conformance with all
municipal flood hazard protection regulations. Roger A. stated it is, the
project is not in the flood zone. 6) Adequate provision for the disposal of all
wastewater and solid waste has been made. Roger A. stated a State approved Septic System is on site, and any
solid waste will be removed by the applicants. 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 there
are no changes being made to the property from the previous application approval
for a CUP. 9) Adequate provisions to control soil erosion
and sedimentation have been made. Roger A. stated no changes are being made on site to create an erosion
issue. 10)
There is adequate water supply to meet the demands of the proposed use and for
fire protection purposes. Roger A. stated this location is not far
from the Emery Mills fire hydrant. 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 there are no changes being
made to the existing vegetation. 12)
All performance standards in this chapter applicable to the proposed use will
be met. Roger A. stated they shall with conditions. Shapleigh Planning Board
Minutes – July 14, 2020 Page 9 of 28
Roger A. stated
the conditions of approval are as follows:
1) The hours of operation shall be 6:00 am through
10:00 pm, 7 days a week. 2) Prior to occupancy by Primitive Quarters Quilt Shop,
property owner Paul Muse must give the Planning Board a letter stating he
relinquishes the permit for Keepin it Local.
Madge B. moved for approval of the
Conditional Use Permit to move Primitive Quarters Quilt Shop to 120 Emery Mills
Road, Map 18, Lot 32A, with the stated conditions of hours of operation and
that the land owner must submit a letter to the board as stated. Roland L. 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed
unanimously.
Note: Ann H. was a voting member with
the absence of Vice Chair Steve Foglio.
Nothing further was discussed. ~~~~~~~~~~~~~~~~~~~~~~~
The Findings of Facts
1. The applicants are Donna and John Johnson of 52
Jones Road, mailing address of P.O. Box 88, Shapleigh, Maine 04076. The owner of Shapleigh Tax Map 18, Lot 32A (120
Emery Mills Road), is Paul Muse, mailing address of 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 .50 acres.
3. The detailed description
of the project is as follows: I plan to
relocate my existing Quilt Shop at 52 Jones Road to 120 Emery Mills Road,
formerly Keepin it Local. Hours of Operation: 6 am to 10 pm. Days of Operation:
Sunday through Saturday. We will offer the sales of the following: Fabric, Wool,
Books, Patterns, Notions, Kits, Threads, All Sewing Supplies, Sewing Machines,
Sewing Machine Accessories, Sewing Machine Tables and Cabinets. We will provide the following services: Quilt
and Craft Classes, Group Sewing Sessions, Sewing Machine Service and Repairs. A
posted note that stated ‘Transition Date July 17, 2020’ was posted to the
description of services.
4. Received was a copy of a sketch plan depicting approximately 21 parking
spaces, the location of the septic system, the location of the existing building,
the distance from the building to the septic system, and the traffic pattern on
site.
5. Received
was a copy of the Town Tax Map depicting
Map 18, Lot 32A, a copy of the Subsurface Waste Water Disposal System
Application, drafted by John Large, SE #7, on July 23, 2008, for a single
family 3 bedroom home or beauty salon – 2 chairs and 3 employees (1000 gallon tank
with a small disposal field).
6. The board reviewed
Zoning Ordinance, Article V, Basic Performance Standards and the board
concurred the application met all the standards imposed.
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, with conditions. Shapleigh Planning Board
Minutes – July 14, 2020 Page 10 of 28
8. A notice was mailed to all abutters within 500
feet of the property on June 25, 2020. Meetings were held on June 23, 2019 and July 14, 2020 via Zoom due to
Covid-19. A public hearing was held on July 14, 2020, prior to the meeting.
9. The Planning Board unanimously agreed to
approve the Conditional Use Permit to move Primitive Quarters Quilt Shop to Map
18, Lot 32A (120 Emery Mills Road), per the plans and information provided,
with two conditions.
10. The conditions of approval are:
1) The hours of operation shall be 6:00 am through
10:00 pm, 7 days a week. 2) Prior to occupancy by Primitive Quarters Quilt Shop,
property owner Paul Muse must give the Planning Board a letter stating he
relinquishes the permit for Keepin it Local.
Motion: After
careful consideration and a review of all material presented to the Board,
including the review of the Zoning Ordinances Article V, Basic Performance
Standards, and §105-73, Section G, ‘Standards
applicable to conditional uses’ a motion was made on July 14, 2020 to approve
the Conditional Use Permit to move Primitive Quarters Quilt Shop to Shapleigh
Tax Map 18, Lot 32A (120 Emery Mills Road), per the plans and information
provided, with two conditions.
Vote: By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit to move
Primitive Quarters Quilt Shop to Shapleigh Tax Map 18, Lot 32A (120 Emery Mills
Road), per the plans and information provided, with two conditions, was
accepted.
Decision: The Conditional Use
Permit to move Primitive Quarters Quilt Shop to Shapleigh Tax Map 18, Lot 32A
(120 Emery Mills Road), per the plans and information provided, with two conditions,
was approved.
-------------------------------------
Amendment
to the Subdivision Known as Red Pine Estates – One Additional Lot – Map 11,
Part of Lot 28F (Newfield Road) – Nickolas Richardson, Property Owner; Joseph
Stanley, Representative Mr. Stanley was present via Zoom to present
the application.
The preliminary application
for the amendment to the subdivision contained the following information:
Red Pine Estates Subdivision Property Owner & Nickolas Richardson Applicant: 41
Newfield Road Shapleigh, Maine 04076
Surveyor: Joseph
Stanley , PLS #2453 455
Main Street Springvale,
ME 04083 jstanley@lineprosurveying.com Shapleigh Planning Board
Minutes – July 14, 2020 Page 11 of 28
Land Information Location: YCRD
Book 14748, Page 340-341 – Warranty Deed from Cormier to Richardson Recorded
February 6, 2006 Tax
Map 11, Lot 28F Zoning: General Purpose Part
of the property lies within 250 feet of the high-water mark of Lake Sherberne. Acreage to be Developed: 2.03 Acres No Current Deed Restrictions, Easements, or other
Encumbrances. Part of the parcel does include a waterbody. Part of the property is within a special flood hazard
area as identified by the Federal Emergency Management Agency.
General Information No. of Lots: 4 This development currently has a road. Water Supply: Individual
Wells Sewage Disposal: Individual
Septic Tanks Fire Protection : Existing Fire Pond There Are No Proposed Recreation
Areas or Common Land
Provided was a copy of the soils map
of the area; a copy of a Subsurface Wastewater Disposal System drafted by Kenneth
Gardner, SE #73, dated 12/16/2019 for a 3 bedroom home, permitted on
12/20/2019; a copy of the Town of Shapleigh Tax Map 11, highlighting Lot 28F; a
copy of the original subdivision Plan for Red Pine Estates, a 4 lot subdivision,
approved on 7/17/1990, and a copy of the approved Private Way Plan on Lot 28F,
dated 11/13/2007, recorded at YCRD on 11/14/2007, Plan 725, Page 38.
Provided was a plan for preliminary review
entitled ‘Plan Showing a Revision to Lot #4 of Plan Book 325, Page 37, Red Pine
Estates, A Subdivision on Newfield Road in Shapleigh, Maine (Tax Map 11, Lot
28F) by Nickolas Richardson, 41 Newfield Road, Shapleigh, ME 04076’, dated
March 24, 2020, drawn by Joseph Stanley, MPLS #2453. The plan depicts a
proposed 2.03 Acre lot with frontage on ‘Not-a-Road’, as well as Newfield Road.
The proposed lot holds an existing house and leach field, as well as a turnaround
area on Not-a-Road, adjacent to the proposed new lot.
A site inspection was done prior to
this evenings meeting.
Roger A. asked Mr. Stanley to brief
the board and anyone new who may have come onto Zoom about Mr. Richardson’s
plans.
Mr. Stanley introduced himself and
that he was from LinePro Land Surveying. He said he was representing Nickolas Richardson and his property on the
Newfield Road. He said Mr. Richardson
owns a large lot in a previous subdivision, and in 2007 he broke off one lot of
the parcel, which is accessed by a private way that the board approved. He said they were hoping to create one
additional lot utilizing the existing private way, just on the opposite side of
the road. He said this is a revision to
two existing subdivision plans.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 12 of 28
Mr. Stanley stated that he met on site
with the Planning Board this evening and discussed several issues, which
included whether or not it was necessary to pave the road in this case. He said they also discussed possibly moving
the current location of the hammerhead turnaround about 50 feet further in off
the main road to allow the existing clearing and driveway to be used as a
turnaround rather than creating a second impervious surface right beside the
first one. He said this was all
discussed on site and now he is ready to discuss it further.
Roger A. asked if anyone had any
questions for Mr. Stanley?
Madge B. stated that she looked up
the waivers provisions, so she now understood that the board can legally waive
the paving of the road, under §89-54 ‘Waiver of required improvements’.
Roger A. asked if there were any additional
waivers being requested? Mr. Stanley
said that was the big one, and the standard ones for monuments and sidewalks.
He said they prefer to set rebar vs monuments, and he didn’t think sidewalks
make sense in the countryside. Roger
asked if he was going to waive the requirement for underground power? Mr. Stanley stated that there was already underground
power servicing the building coming off the pole. He believed this met the ordinance
requirements, but he was open to any suggestion if it is not. Roger thought it
was fine. Roger stated that if the fire pond is used for this lot, then there
will be no need to sprinkle the house. Mr. Stanley said he would like to add more verbiage to the plan, as well
as draw up a clearer easement for the Town, for the Town to perpetually be able
to go out and access the fire pond. He
said there is a gate there to protect Mr. Richardson’s property and shop, so
they will have to make sure they work out with the Fire Department that they
have a key or a code or Knox box to assure that if the gate is closed the Fire Department
will still have access in case of an emergency.
Roger A. asked if there were any other
questions for Mr. Richardson? Madge B.
thought they had the issue of moving the hammerhead. Roger agreed and thought the board would have
to table the application, so the additional information can be added to the
plan, prior to approval. Also, fire pond
access and having the waivers on the plan for monuments, sidewalks, and paving.
Madge asked if they had to table the application until everything is on the
plan? Roger said, “True”.
Mr. Stanley stated that what the
board was requesting was a very simple change. He said he didn’t have it this evening, because he didn’t know if the board
would want it separate from the driveway or would accept moving it from where
it is on the plan currently. He said Mr.
Richardson would prefer it where it is, so there is less construction and less
impervious surface. He noted Mr. Richardson wouldn’t fight if the board had a
good reason to keep it where it is on the plan. Mr. Stanley did not know if the board wanted to
act on the waivers first or just have him put them on the plan. He said he would do it however the board
wanted him to present it.
Roland L. asked if this is going to
be tabled, would it be coming up at the next meeting? Roger A. said that was correct. Roger said what the board was asking for was
such minor changes, Mr. Stanley should be able to get it back to the board for
the next meeting in 2 weeks. Mr. Stanley
agreed, he just wanted to know if he had to get them to the board 7 days in
advance or could he just bring them to the next meeting? Roger felt it would be
fine to have the plans for the next meeting. Madge B. agreed. Roland L. Maggie M. and Ann H. said it was fine to have
the new plan for the next meeting. Roger also thought he could
Shapleigh Planning Board
Minutes – July 14, 2020 Page 13 of 28
bring in the mylar, along with the
paper copies for signature. Mr. Stanley noted that he prepares mylars for the Town
records but York County Registry of Deeds no longer wants mylars, only paper.
Roger said he understood.
Roland L. asked if the board would
be meeting via Zoom for the next meeting? He said he was asking for Mr.
Stanley. Roger A. stated Mr. Stanley
will bring them in and give them to Barbara F. and she will let members know she
has them. And yes, the next meeting will
be via Zoom.
Roland L. made the motion to table
the application until the next meeting, at which time the necessary additional information
will be placed on the plan, and the plan will be available for members signature.
The plan will be brought to Barbara F. Maggie M 2nd the motion. All members were in favor. By a vote of 5 – 0, the motion passed
unanimously.
Nothing further was discussed. -------------------------------------
Conditional Use Permit – Earth Moving for Retaining Walls & Erosion
Control – Map 27, Lot 14-6 (66 Point Road) – Brian & Jane Carmichael,
Owners & Applicants Mrs. Carmichael was present via Zoom
for the review of her application.
Provided along with the application
were the following: • Current lot coverage calculations –
2.59 Acre Lot or 112,820 sq. ft.; 4,917.4 square feet covered by existing
structures; 10% lot coverage = 11,282 sq. ft; existing lot coverage less than
10%. • Copy of Shapleigh Tax Map 27,
which included Lot 14-6. • Partial Survey(s) depicting location
of existing structures, septic tank location, well, ‘circled area being
replaced’ and notation ‘220’ + from Hermann’s property line, 120’ + from Cohen’s
property line’. • Sketch Plan Depicting: ‘Current’
conditions which included 2 Walkways (pavers); Wall #3 w/plantings; Wall #2
w/plantings; Wall #1 w/plantings; Deck / Under Deck; 2 raised beds - used to be
pavers; Existing Patio 15’ x 16 ½’; Sand Area to Water; Stairs to another Wall
#2 w/plantings; Plantings; Wall #1 & Stairs. • Proposed New Plan Depicting: Paver
Walkway; New Wall height less than 4 feet; Plantings; Second Wall less than 4 feet
in height; 2 Paver Patio Area’s; Existing Patio and Deck / Under Deck. • Memo which stated: After speaking
with Steve Foglio with regard to retaining wall height, the water side
retaining walls will be replaced as is/where is, both heights less than 4
feet. The driveway side will combine the
1st two; to be less than 4 feet. • Picture depicting existing conditions
noting where walls will not be combined into one wall, and where walls will be
combined, along with pictures depicting the existing rot in the timbers, the area
above the project, slope and sandy area above project area, walkways, areas of runoff
and how the water runs toward the lake. • Copy of 2 Permit by Rule
Notification Forms dated June 25, 2001 to establish a vegetated buffer zone,
along with pictures of where the buffer zone will be established. The permit copies do not include an acceptance
date by the MDEP. The applicant was the York
County Soil and Water District. • Copy of Building Permit
Application for the Town of Shapleigh to revegetate buffer zone, applied for by
Janice Corr of the Mousam Lake YCC, dated July 31, 2001. There was no CEO signature or date. • Copy of the approved Permit by
Rule Notification, dated May 15, 2020 and dated as accepted by the MDEP on May
26, 2020, along with all attachments provided to the DEP. Shapleigh Planning Board
Minutes – July 14, 2020 Page 14 of 28
• Subsurface Wastewater Disposal
System Application for a 3 bedroom home, drafted by John Large, SE #7 on
12/30/2011 and approved by Shapleigh CEO Steven McDonough on 1/24/2012, Permit
#2789.
Detailed Project Description is as follows: Currently, we have a tiered railroad
tie retaining wall in front of our house. This retaining wall seems to have been
permitted in 2001.
Some of the railroad ties are
rotting and it is probably just a matter of time before they all start having the
same problem. As the stairs are built into the retaining wall and the retaining
wall is holding back the grade, we obviously don’t want it to get to the point
where it is so damaged that it would cause erosion into the lake. The other
issue we want to address is erosion. There is erosion that runs down the
current walkway, down the stairs to the water and into the lake. The walkway is
currently graded so that the slope is conducive to runoff. There is also a grading
/ pooling issue with the walkway at the end of the driveway. A professional landscaper
Patrick Main of Final Touch Landscaping of Acton, who has taken the shore land
course will be doing the physical work. The landscaper recommended replacing
the 3 tiers with only two on the driveway side and 2 will remain on the water side.
The grade on the upper level will be fixed so that it is level and any runoff
will be diverted appropriately, to go into the landscaped beds that will be reestablished
after the wall is done. Also, the materials put behind the wall will also help
for the water to filter through as opposed to run off. Now it runs into the
lake. On the driveway side the slope will also be adjusted properly, diverting
any potential water into landscaping done near the water. This landscaping was
done using erosion control mulch and was part of an ASYCC erosion control project
that the previous owner had done and we have maintained (see attached permit).
The project is a remove, replace, and correct erosion problems. The materials will
be landscape blocks for retaining walls and pavers for the walking area. The
area up top where the walkway area is, might be enlarged slightly to aid in the
erosion situation. The retaining walls will be replaced as is where is, except
for the middle wall facing the driveway side. Plantings will be redone between
the wall sections as it is now to help grab any water from rain/runoff if there
were to be any. The area that is currently all sand at the top of this will be
set up with erosion control measures and planted (unsure exactly with what, but
certainly something to help erosion). We may do just erosion control mulch,
clover, or plantings and erosion control mulch or some combination – the landscaper
will devise what is determined to make the most sense once the walls are situated
and he can see what needs to be done. The plan is to disturb the least amount
of soil/sand possible, keep existing area, but just adjust the grade so that
the water does run off and stays in the ground that it falls on, as well as, put
the appropriate material behind the walls to allow absorption into the ground.
Just a brief history about us. When
we purchased the property 14 years ago, there was a lot of eroded areas on the peninsula
and island. My husband and I have worked diligently to restore the eroded areas
with vegetation. We have had the ASYCC team come to our property a few times to
do erosion control work. The biggest project they did
(with a Permit by Rule of course) was installing rip rap on our island, around
the peninsula and bridge, as these areas were losing soil due to erosion, waves
eroding the soil, and people trespassing on the property climbing up the sides.
We have placed No Trespassing signs on the property and police it to ensure
that people are not causing any unnecessary erosion. The plantings have come a
long way and are getting stronger every year. It is important to us to preserve
what we have and the lake. The Mother’s Day storm took away a decent amount of
soil with it, but that too we have been working on restoring with plantings.
One thing that DEP professionals told us about was to lay
Shapleigh Planning Board
Minutes – July 14, 2020 Page 15 of 28
branches and leaves down embankments
to help prevent erosion and to eventually rebuild soil. This has also helped the
tree and shrub growth along the water to become thicker and healthier.
Roger A. asked Mrs. Carmichael to
brief the board and anyone attending Zoom on what she intended to do.
The board members did a site
inspection prior to this evenings meeting.
Mrs. Carmichael stated they met on
site with her wall builder to explain what he was going to do to improve the
wall. She said two walls currently facing the water would remain the same,
other than adding extra drainage that does not exist at the time to help with
the erosion. She said with the three walls that face the driveway, the bottom 2
can be combined, so that there are walls on each side, all being less than 4
feet in height and to keep the landscaping / plantings as they are now. She said the railroad ties would be replaced
with the landscaping block and adding the proper drainage there as well. She said there would be a silt barrier and
the wall builder said he could put pins where everything is that exists now to
aid CEO Demers to see that the wall is going back where it is now. Mrs. Carmichael said the wall builder stated
that that is what he has done previously, and it would show that the new wall
is no closer to the water than the existing and no longer than the
existing.
Roger A. stated that as discussed on
site, with your back to the water looking on the right-hand side looking at the
shed, Mr. Main was going to address that area as well for water runoff. Mrs. Carmichael wasn’t sure how he would be
doing it. She said he would do the permit with CEO Demers address that with
him. She agreed he wanted to fix that but not go any closer to the water, just
fix the erosion issue. She said there would be no expansion of the existing
footprint. Roger agreed. She said they
are trying to correct so they don’t lose more soil, and she noted there would
be erosion control mulch added in a few landscape areas near the water to also
help, and to add additional plantings, after the walls are demo’d and replaced.
Ann H. asked Mrs. Carmichael, when
the gentlemen replaces the patio are you still going to use pavers similar to
what is there now? Mrs. Carmichael said
she believed so, after the board left the site, he said he would stabilize the
wall, get the plantings, and then replace pavers with pavers. She said the wall
builder wanted to see how the water flowed on the topside, once the new walls
were in, and plantings, then the pavers would likely be last. Ann thought once the railroad ties were
removed, the existing pavers would be disturbed. Mrs. Carmichael said she would be removing
everything for him and save as many plants as they could and move them to other
areas, then add new plantings that the DEP would prefer for erosion control.
Ann said her question was when the patio goes back in, if it would also be
pavers? Mrs. Carmichael said, “Yes, that’s
right”.
Roger A. said he believed the application
did show where the red pavers were, they would be replaced. He said the area
with pavers might be a little smaller than the existing, once the project is
completed. Mrs. Carmichael nodded her head. Ann H. said, “Ok”. Mrs. Carmichael said again that the person doing the
walls could mark where all the existing is and do measurements that are more
exact than what she presented to the board. She said this way everyone will be
comfortable that the replacement is in the right location.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 16 of 28
Roger A. reviewed the pertinent
sections of §105-39 ‘Earth removal and filling for activities other than
mineral exploration and extraction’.
105-39 – D. Earthmoving in the Shoreland District. Roger A. stated the reason they are before
the board is greater than 10 cubic yards of earth is being moved, therefore a
Conditional Use Permit is required. (1) Roger stated the excavation contractor must be
licensed by the Maine Dept. of Environmental Protection in erosion control
measures. Roger stated at the site inspection the board was informed the person
being used, Patrick Main, is certified by the DEP. Mrs. Carmichael stated that Pat Stevens is
also being used and he is certified as well. G. Conditions of permit. The Planning Board
may issue a permit, provided that the following conditions shall be met:
(1) The smallest amount of bare ground
shall be exposed for the shortest time feasible. The Planning Board shall set a specific date
after which bare ground shall not be exposed. Roger A. asked what the time frame would be? Mrs. Carmichael
stated, they would begin a week from Saturday on July 25th. Mr. Stevens is doing the excavating, demo and
setting the base for the walls. She said then Pat Main would finish the walls,
and she thought he stated that would take a couple weeks. She said this was
assuming they could get the blocks from Genest. She stated if approved they
would order the blocks tomorrow and then they would be on site the following Saturday. He wants the walls started and finished as soon
as possible. Madge B. said there would be plantings as well. Roger asked if
September 15, 2020 would work to be completed by? Madge thought that
worked. Mrs. Carmichael asked if she
could do the plantings? Roger and Madge
said, yes. Madge said they needed to be
done before it gets too late in the fall. Mrs. Carmichael agreed, so the roots
get established.
(2) Temporary ground cover (such as mulch)
and temporary runoff filter (such as hay bales in swales) shall be used as
required to prevent stream sedimentation. The Planning Board shall set a specific date by which permanent ground
cover shall be planted. Roger stated Best Management Practices shall be used and the
silt fences will stay up until everything is stabilized. Mrs. Carmichael stated
she would leave them up extra-long just to be sure there would be no issue.
(8) Where activities carried out under
this article require the removal of existing ground cover, revegetation should
be carried out. Roger A. stated the existing plantings shall be replaced as soon
as possible, per the plans provided. Bark mulch shall be added where needed as
well.
Roland L. asked where Mr. Main would
be bringing the existing wall? He
pointed out that he cannot bring it to the Transfer Station. Mrs. Carmichael
didn’t know where it was going, but she knew it was not remaining in Shapleigh.
She said she knew he was taking it and she could find out where it was going. Ann
H. stated it could be a condition that it does not go to the Transfer Station. Roger
A. agreed that the condition would be that the pressure treated wood cannot go
to the Transfer Station and he will have to let CEO Demers where he will be
taking it.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 17 of 28
Roger A. asked if there were any
other comments? Roland L. said he
understood there would be no trees removed, he wanted to be sure he heard correctly.
Mrs. Carmichael stated that only a stump would be removed.
Roger A. stated the conditions
of approval are:
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.
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. The project
will be using Best Management Practices and it will improve the fish habitat. 2) The use will conserve shore cover and visual, as well as actual, access
to water bodies. Roger A. the project will
conserve shore cover once completed. 3) The use is consistent with the Comprehensive Plan. Roger A. stated it is, the Comp Plan wants to preserve the shoreline. 4) Traffic access to the site is safe. Roger A. stated it is, they are at the end of the road. 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. not applicable for waste water, solid waste of
existing pressure treated lumber to be removed shall be taken out of
Shapleigh. The location shall be given
to the CEO. 7) Adequate
provision for the transportation, storage and disposal of any hazardous
materials has been made. Roger A. stated that the pressure treated wood
will be removed from site. 8) A stormwater drainage system capable of handling fifty-year storm
without adverse impact on adjacent properties has been designed. Roger A. stated a stormwater management plan is
designed for the area behind the wall, as well as the surrounding
landscape. This is why the project is
being done. 9) Adequate provisions to control soil erosion
and sedimentation have been made. Roger A. stated Best Management Practices shall be used to prevent storm
erosion during the project. 10) There is adequate water supply
to meet the demands of the proposed use and for fire protection purposes. Roger
A. stated no fire protection is required for the new wall. 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 there are no major changes being made to the existing vegetation
surrounding the property. No trees shall
be removed. There shall be Shapleigh Planning Board
Minutes – July 14, 2020 Page 18 of 28
no added lighting, no odors produced, or
dust produced that will go onto neighboring properties. 12) All performance standards in
this chapter applicable to the proposed use will be met. Roger A. stated they shall with the
stated conditions.
Mrs. Carmichael asked if she found
out there is trouble getting the blocks for the wall, so the start date is later,
what does she do, talk to the CEO? Roger
A. asked if she believes it will be a later completion date beyond September 15,
then what would the board like? He asked if they would want CEO Demers to move
the date? The board members believed
that would be ok. Mrs. Carmichael said
she would not know until tomorrow about the blocks. Roger said he knew of people
who were having trouble getting blocks from Genest because they are extremely
busy. Mrs. Carmichael said that her
contractor said if she was approved this evening, he would deal with ordering the
blocks tomorrow, and he believed they would have the blocks in time to begin a
week from Saturday.
Madge B. asked if the board should
limit where the date can be moved to, so it doesn’t go beyond the end of
October? She was concerned about the plantings
and erosion control. She felt if it went
beyond the end of October, the applicant would have to do the project next
year. She said if this happened the applicant should come back to the board for
an amended approval. She wanted the boards opinion, because if it cannot be
completed this year, she thought the board should have a plan. Roger A. stated
he had no issue that if it goes beyond October 30, that it comes back before
the Planning Board for a review and a new date of completion.
Roger A. asked if there was a Permit
by Rule for this project? Barbara F.
stated the project was approved by the DEP, the board has a copy on file. The members
agreed and said they received a copy. The approved Permit by Rule Notification
is dated May 15, 2020 and dated as accepted by the MDEP on May 26, 2020.
Roger A. asked if there was a motion
for approval?
Madge B. made the motion to approve
the replacement of the existing pressure treated retaining walls which will be less than four feet in height and same length at
existing, on
Map 27, Lot 14-6, with blocks from Genest, providing the contractor and
landowner meet the conditions of approval as stated. Ann H. 2nd the motion. All members were in favor. By a vote
of 5 – 0 the motion passed unanimously.
The conditions of approval are: 1. The
project, the removal and replacement of the existing wall(s), and revegetation on
Map 27, Lot 14-6, shall be completed by September
15, 2020. If this date cannot be accomplished the
applicant must contact the Code Enforcement Officer, and have a new date of
completion established. Should the completion date go beyond October 30, 2020,
the applicant must come back to the Planning Board for further review.
Shapleigh
Planning Board Minutes – July 14, 2020 Page 19 of 28
Mrs. Carmichael asked if now she
went to CEO Demers to fill out a permit? Roger A. stated, yes.
Nothing further was discussed. ~~~~~~~~~~~~~~~~~~~~~~~ The Findings
of Facts
1. The owner(s) and
applicants(s) of Shapleigh Tax Map 27, Lot 14-6 (66 Point Road) are Brian &
Jane Carmichael, of 66 Point Road, Shapleigh, Maine 04076.
2. The property known as
Map 27, Lot 14-6 is located in the Shoreland District and according to the
assessor the property contains 2.5 acres.
3. The application description
reads in part, as follows: Some of the railroad ties are rotting and
it is probably just a matter of time before they all start having the same
problem. As the stairs are built into the retaining wall and the retaining wall
is holding back the grade, we obviously don’t want it to get to the point where
it is so damaged that it would cause erosion into the lake. The other issue we want
to address is erosion. There is erosion that runs down the current walkway,
down the stairs to the water and into the lake. There is also a grading /
pooling issue with the walkway at the end of the driveway. The landscaper recommended
replacing the 3 tiers with only two on the driveway side and two will remain on
the water side. The grade on the upper level will be fixed, so that it is level
and any runoff will be diverted appropriately, to go into the landscaped beds
that will be reestablished after the wall is done. The project is a remove,
replace, and correct erosion problems. The materials will be landscape blocks
for retaining walls and pavers for the walking area. Plantings will be redone
between the wall sections as it is now to help grab any water from rain/runoff
if there were to be any. The area that is currently all sand at the top of this
will be set up with erosion control measures and planted. The plan is to disturb
the least amount of soil/sand possible, keep existing area, but just adjust the
grade, so that the water does run off and stays in the ground that it falls on,
as well as, put the appropriate material behind the walls to allow absorption
into the ground.
4. Information received is as follows: • Current lot coverage calculations –
2.59 Acre Lot or 112,820 sq. ft.; 4,917.4 square feet covered by existing
structures; 10% lot coverage = 11,282 sq. ft; existing lot coverage less than
10%. • Copy of Shapleigh Tax Map 27,
which included Lot 14-6. • Partial Survey(s) depicting location
of existing structures, septic tank location, well, ‘circled area being
replaced’ and notation ‘220’ + from Hermann’s property line, 120’ + from Cohen’s
property line’. • Sketch Plan Depicting: ‘Current’
conditions which included 2 Walkways (pavers); Wall #3 w/plantings; Wall #2
w/plantings; Wall #1 w/plantings; Deck / Under Deck; 2 raised beds - used to be
pavers; Existing Patio 15’ x 16 ½’; Sand Area to Water; Stairs to another Wall
#2 w/plantings; Plantings; Wall #1 & Stairs. • Proposed New Plan Depicting: Paver
Walkway; New Wall height less than 4 feet; Plantings; Second Wall less than 4 feet
in height; 2 Paver Patio Area’s; Existing Patio and Deck / Under Deck. Shapleigh Planning Board
Minutes – July 14, 2020 Page 20 of 28
• Memo which stated: After speaking
with Steve Foglio with regard to retaining wall height, the water side
retaining walls will be replaced as is/where is, both heights less than 4 feet. The driveway side will combine the 1st
two; to be less than 4 feet. • Picture depicting existing conditions
noting where walls will not be combined into one wall, and where walls will be
combined, along with pictures depicting the existing rot in the timbers, the area
above the project, slope and sandy area above project area, walkways, areas of
runoff and how the water runs toward the lake. • Copy of 2 Permit by Rule
Notification Forms dated June 25, 2001 to establish a vegetated buffer zone,
along with pictures of where the buffer zone will be established. The permit copies do not include an
acceptance date by the MDEP. The applicant
was the York County Soil and Water District. • Copy of Building Permit Application
for the Town of Shapleigh to revegetate buffer zone, applied for by Janice Corr
of the Mousam Lake YCC, dated July 31, 2001. There was no CEO signature or date. • Copy of the approved Permit by
Rule Notification, dated May 15, 2020 and dated as accepted by the MDEP on May
26, 2020, along with all attachments provided to the DEP. • Subsurface Wastewater Disposal
System Application for a 3 bedroom home, drafted by John Large, SE #7 on
12/30/2011 and approved by Shapleigh CEO Steven McDonough on 1/24/2012, Permit
#2789.
5. The Planning Board
reviewed §105-39 ‘Earth removal and filling for activities other than mineral exploration
and extraction’, and §105-73 ‘Conditional Use Permits’ and concurred the
application and information as presented met the performance standards, with
conditions.
6. A notice was
mailed to all abutters within 500 feet of the property on June 25, 2020. Meetings were held on Tuesday, June 23, 2020,
and July 14, 2020 via Zoom due to Covid-19. A site inspection was done by
members on Tuesday, July 14, 2020 prior to the meeting.
7. The Planning Board unanimously agreed to
approve the Conditional Use Permit to replace the existing retaining wall(s), with
two walls less than four feet in height, same length as existing, per the plans
provided, on property known as Tax Map 27, Lot 14-6, with conditions.
8. The conditions of approval are: 1. The project, the removal and replacement of the existing wall(s), and
revegetation on Map 27, Lot 14-6, shall be completed by September
15, 2020. If this date cannot be accomplished the
applicant must contact the Code Enforcement Officer, and have a new date of completion
established. Should the completion date go beyond October 30, 2020, the
applicant must come back to the Planning Board for further review. 2) Best
Management Practices shall be kept in place until the project is completed
which includes revegetation and complete stabilization of the area. There must
be a person certified by the DEP in erosion control practices on site during
the project. 3) All material from the existing wall(s) on Map 27,
Lot 14-6 to be removed shall be taken out of Shapleigh and disposed of
properly. The method of removal, as
well as where it will be taken, shall be given to the Code Enforcement Officer
prior to starting the project.
Shapleigh Planning Board
Minutes – July 14, 2020 Page 21 of 28
9. Additional requirement:
• A building permit must be obtained from the
Code Enforcement Officer, prior to the construction of the new wall.
Motion: After
careful consideration and a review of all material presented to the Board, a motion was made on Tuesday, July 14, 2020, to
approve the Conditional Use Permit to replace the
existing retaining wall(s), with two walls, which will be less than four feet
in height and the same length as the existing walls, per the information provided
and as discussed during the project reviews, on property known as Tax Map 27,
Lot 14-6 with three conditions. Vote: By a unanimous vote of 5 – 0, the motion to approve the Conditional
to replace the existing retaining wall(s), with two
walls, which will be less than four feet in height and the same length as the
existing walls, per the information provided and as discussed during the project
reviews, on property known as Tax Map 27, Lot 14-6 with three conditions, was
accepted.
Decision: The
Conditional Use Permit to
replace the existing retaining wall(s), with two walls, which will be less than four
feet in height and the same length as the existing walls, per the information provided and as discussed
during the project reviews, on property known as Tax Map 27, Lot 14-6
with three conditions, was approved.
------------------------------------
Conditional Use Permit – Hold Small Events & Venues, and Weddings
– Map 1, Lot 22A (24 Deering Ridge Road) – Meagen & Brent Lavoilette,
Owners & Applicants Mrs. Lavoilette was present via Zoom
to review her application.
Provided along with the application
were the following:
• Aerial photo / sketch plan of the
property with the land survey imposed, which depicted the existing structures,
lot line measurements and entrance onto Deering Ridge Road. The sketch plan also noted that the property
was 3.5 ± acres to the river’s edge and 5.10 ± acres to the river centerline. • Sketch of the property depicting
the location of the house / garage / barn and the distance from the structures
to the river that being 184 ¾’ to the barn and 149 ¾’ to the house; the distance
from the road to the house being over 200 feet; and the distance from the house
and barn to the septic tank being a minimum of 25 feet from either. Both the
barn and house appear to be located in the Shoreland District. • A sketch plan which appeared to be
part of a surveyed plan, depicting the location of the house / garage / barn;
the location of the gravel driveway including two entrances onto the property;
the location of a garden area, cemetery, and three proposed locations for
parking. One parking location was depicted
as 64 feet by 113 feet, one location 60 feet by 103 feet and a third location
being 52 feet by 64 feet. Each parking
area is located on the rear of the property behind the barn. • A sketch plan entitled Parking
Plan. The plan depicts the flow of the traffic pattern, in addition, the size of
the parking areas, the square foot calculations, were given for each area. The total parking area Shapleigh Planning Board
Minutes – July 14, 2020 Page 22 of 28
calculation is 16,740 square feet. The amount per parking space is 200 square feet. This allows for 83.7 spaces for parking. The barn size is also depicted on the plan,
that being 38 feet by 72 feet or 2,736 square feet. (Note: §105-43. ‘Off-street
parking and loading’. If allowing for 200 people, 66.66 parking spaces are
required per the ordinance.)
The detailed project description is
as follows: We are proposing to have the following
venues and events in our barn on 24 Deering Ridge Road: • Weddings (≤ 200) • Small
events & venues: small bands/music events, anniversary parties, bridal showers,
baby showers, exercise classes, open barn vendor expos, community events,
fundraisers, silent auctions, food & beverage events
We are proposing the following as
part of our plan: • Parking
Plan • People working: The only people working on
the premises will be volunteers of Babbling Brook Farm and the Laviolette
family. All other working people will be
hired by vendors of the customer. • Hours of Operation: 10 am thru 10 pm – all patrons will be off
the premises by 10 pm • Noise control: Events involving music, live music, and audio
systems will be contained in the barn. In the event there is a live band or
music outside of the barn, it will not surpass 8 pm. • Septic: There are no plans for use of the septic system on the property. Septic
needs will be rentals specific to the event. • Trash
removal: Trash will be disposed of by
the owners of the property at the local transfer station or by the customer. If
trash is being taken off the property by the customer, we will ensure disposal location
is indicated within their rental contract.
We would love the ability to also provide
a space for the community for functions and activities. We take great pride in this
piece of history in Shapleigh and are anxious to share it with others.
Roger A. began by stating that the
board had a request from her for a seasonal vegetable stand. Mrs. Lavoilette stated she did not know if she
needed to add that to her application now, but she noted she wasn’t sure it was
something she would do. She said she
thought if in the future if she wanted to offer vegetables from her garden on a
small stand, she wanted to know if she should tag this onto this application or
if it was irrelevant. Roger stated that
it was not irrelevant, vegetable stands in the Shoreland District are allowed
with a conditional use permit. He said
the only issue is, because Mrs. Lavoilette has a residence and is applying for
a CUP for the venues, another business would not be allowed. He said she could have either the venues in
the barn or the vegetable stand, not both. Mrs. Lavoilette stated, “The barn please”. She stated she had an overabundance of
vegetables this year, which was great, so it was an afterthought, but it was no
problem if it wasn’t allowed. Roger said
that if she was in the General Purpose District it would not be an issue, but
in the shoreland it does require a CUP.
Roger A. stated that when the board
did the site inspection, he asked if she would have an engineer look at the
barn floor to be certain it could support the weight of the number of people,
she was applying for inside the structure. He asked if she had done anything with that? Mrs. Lavoilette stated she got a name from
Steve Foglio that fell through, he wasn’t that type of engineer. She said there was another gentleman in
Shapleigh that she has reached out to, but after communicating with Steve
Foglio, he
Shapleigh Planning Board
Minutes – July 14, 2020 Page 23 of 28
recommended she wait until after
this meeting to see if that is something that the board truly wants done before
she spent the money.
Madge B. asked if the board did not
require it, would the CEO require it? Roger
A. stated that it would be a condition that they would have to have some
supporting documentation prior to getting the permit to be able to use it. Ann H. asked if that was a Planning Board
thing. Roger said, “Yes”. Mrs. Lavoilette stated, “So that is something
you want me to go ahead and do”. Roger
stated that if the application was approved, she would have to get the documentation
prior to being able to open. Mrs.
Lavoilette asked specifically what the board needed, just a licensed engineer
and documentation of the weight limit? Roger said, “Yes”.
Roger A. stated the reason Mrs.
Lavoilette is before the board is due to Zoning Ordinance §105-17, ‘Commercial
outdoor recreation, excluding campgrounds’, which is an allowed use in the Shoreland
District with a Conditional Use. Barbara
F. noted that in the minutes of the last meeting the board felt this fell under
‘Public and private recreational areas involving minimal structural development’
perhaps more appropriately, because it wasn’t entirely outdoors.
Roger A. stated that the other issue
that came up was the selling of alcoholic beverages. He stated it was not allowed in the Shoreland
District. He said there was no getting
around that. Mrs. Lavoilette stated, “So
no outside vendors, licensed vendors can come in”. Roger said, “They cannot
sell alcohol on the property, period. I
don’t care who it is. A person cannot sell alcohol on that property.” Mrs. Lavoilette stated, “Ok. So, it would have
to be a BYOB situation.” Roger said, “As
long as they are not selling it.” Mrs.
Lavoilette stated, “Ok.” She asked if
she had something outside of a wedding, like a small event and tickets were
sold. She asked, “There was alcohol
there but a general ticket was sold, but it was being catered, etc., does that
count under that?? Roger said, “As long
as there are no alcoholic beverages being sold on the property, I can’t get any
plainer, that is the ordinance.” Ann H.
stated, “It doesn’t say anything about selling tickets.” Mrs. Lavoilette stated that when they had the
site visit, she was swayed, she thought she would be able to have licensed
people on site. Roger said there could
be licensed people, they just can’t ‘sell’ the alcohol. Mrs. Lavoilette said, “Ok.”
Roger A. began review of the Basic
Performance Standards
§105-21
– Traffic. Roger A. stated the board discussed this
this evening. Roger said the board needs
to discuss how they would deal with traffic. He said the board realizes it is a very busy road and noted that much of
the activities will be on the weekend. He said the board has discussed how they are going to exit onto Deering
Ridge Road and onto Rte. 109. He believed
this was an issue and he didn’t know what Bill King has in mind. He said he knew there would be support for
vehicles coming in and out of the driveway, but he wondered if he would also do
Rte. 109 when there is a mass exodus at whatever time the event ends. Roger was
concerned with there being an issue.
Mrs. Lavoilette stated that they hadn’t
discussed this in detail, but it was her assumption that people pulling in and
out of the driveway would be directed. She stated at the time people would be
leaving, traffic significantly dies down. She said, “In my personal opinion, at 109, I don’t see any visibility issues.
You can see right up to Ted’s; you can see up to the corner past the all-natural
store. There is a business there they
are pulling in and out of. I’ve never Shapleigh Planning Board
Minutes – July 14, 2020 Page 24 of 28
had a problem, I guess it’s the volume
of traffic people are concerned about.” She said her plan was not to have someone at each location (top of the
hill and 109). She did not feel it was
necessary.
Mrs. Lavoilette said she hasn’t
talked to Paul Mitchel; she was waiting for him to call her back. She wasn’t
sure if he hires in or if he comes out and looks at the area. She said she hasn’t
been able to touch base with him.
Roland L. stated, “Meagan when Mr.
Goodwin raised the question about the traffic, did you say that there was going
to be a marked car or an unmarked car?” Mrs. Lavoilette stated her assumption was marked. Madge B. agreed. She said it was under
traffic control, they do not do personal detail. She said they would not be coming into her
venue or on the property, it is strictly for traffic control. Roland said he was
wondering if they would stop someone if they were speeding by, or would they disregard
that and only be concerned with her traffic. Roland thought this was a question she would want to know. Mrs. Lavoilette said it was a question she
could ask but when she was talking to Bill, he said it would be an off-duty
cop. She said she had also asked if it
would be a concern if they saw someone that appeared to be under the
influence. She said it would not be
handled by the traffic control officer, it would be handled the usual way with
the law. She said she would ask the
question when she spoke with him again.
§105-22 – Noise. Roger A. stated this would addressed
under the time frame of 7 am to 10 pm it is 60 dB and that is at the height of
at least four feet above ground surface and at the corners of the
property. Roger stated that this was
something the Sheriff’s department would actually monitor. If it was exceeded multiple times then the
CEO would have to put a stop order and deal with it.
§105-23 – Dust, fumes, vapors and gases. Roger A. stated there would be
none generated. Dust,
fumes, vapors and gases. Roger
A. stated there is no dust, fumes,
vapors or gases, generated by this activity. §105-24 – Odors. Roger A. stated there will be no obnoxious
odors generated, only possibly food. §105-25 – Glare. Roger A. stated there shall lighting placed
on the barn for the parking area, so people could safely get to their vehicles.
This lighting is well off the street. §105-26 – Stormwater
runoff. Roger A. stated there are no
changes being made to the property that would cause a stormwater problem. There
are no issues at this time, and the building and parking area are in existence. §105-27 – Erosion
control. Roger A. stated there are no
changes being made to the existing property that would create an erosion issue.
The building is in existence. Roger stated the parking area is grass. §105-28 – Setbacks
and screening. Roger
A. stated existing vegetation will remain, no changes are being made on site.
The parking will not be seen from the road. §105-29 –
Explosive materials. Roger
A. stated, there shall be none on site and none to be generated. §105-30 – Water
quality. Roger A. stated, there is no waste
or hazardous material generated by this activity and no outdoor storage of fuel
to affect water quality. Roger stated
that water will likely be brought in from whomever was having the event, such
as bottled water. §105-31 – Preservation
of landscape; landscaping of parking and storage areas. Roger A. stated no changes are
being made to the existing landscaping, the parking area is well away from the
road, there is no outside storage associated with this activity. Shapleigh Planning Board
Minutes – July 14, 2020 Page 25 of 28
§105-32 -
Relation of proposed building to the environment. Roger A. stated the building is in existence
and conforms well with others in the surrounding area. §105-33 – Refuse
disposal. Roger A. asked Mrs. Lavoilette
where refuse would go. Mrs. Lavoilette
stated there would be no dumpster. It
would either be herself taking it to the transfer station in Shapleigh or it may be the
customers responsibility if it is a large amount. She said that would be
written into the contract with the customer. She believed it would be managed
by her and her husband most of the time. §105-34 – Access
Control to Route 109. Roger A. stated this property does not enter
or exit from 109. He did however agree Rte. 109 was an issue due to its
proximity. §105-43 – Off-street
parking and loading. Roger A. stated there was plenty of off-street parking area for the venues proposed. He stated there was one parking space
required for each 3 seats, permanent or otherwise, for patrons. He said there also needed to be spaces for
employees. Mrs. Lavoilette stated that he meant one parking
space for each three seats. Roger said, “Yes.” Mrs. Lavoilette stated that she wanted clarification,
that if the amount of people is 200 that is approved, the volunteers, vendors
and caterers need to be included in that count. Roger said, “That’s true.” Mrs. Lavoilette stated, “Ok, thank you.” §105-46 – Sanitary provisions. Roger A.
stated there will be portable toilets on site. Mrs. Lavoilette stated, “Yes.” Madge B. asked if there is a rule for how
many you need for the number of people at an event. Roger stated there was, but
he didn’t know what that amount was. He asked
if CEO Demers knew the answer. CEO Demers did not know. Roger thought it was one portable toilet for
40 people, but he said he was not positive. Madge thought the board would have
to make the condition that she meets that number, whatever it is. She asked if it
was a State rule? Roger said, “Yes.” Madge stated that the condition would be she
meets the guidelines for sanitary disposal. Roger agreed. Ann H., looking on line, noted there was another amount
required if alcohol was involved, you needed more toilets. Ann said the State
of Maine states you need one portable toilet for every 40 people, Section
1686.A, under Public Health and Welfare. Ann noted they were talking about a
toilet, not necessarily a portable toilet. Ann was looking at Title 22, Chapter 270-B: PUBLIC REST ROOM
FACILITIES IN EATING PLACES. §105-47 – Signs and billboards. Roger A. stated that all signage must be permitted and approved through
the Code Enforcement Office. Mrs. Lavoilette asked if she just went to the CEO if she wanted a
sign. Roger A. said, “Yes.”
Madge B. said she had another question that was part
of the standards. Madge said Mrs. Lavoilette has spoken about having an off-duty
police officer if she has 50 cars. She
wanted to know if that was correct? She thought the board should have a clear
number when to require traffic control. She said she had no idea what the
number should be, given she is not a traffic engineer. Madge felt there should
be some guidance on that number. Roger A. thought any event should have traffic
control. Roger felt if there were 40 people it would have an impact if everyone
was leaving at once. Madge didn’t think this is what she intended. Roger asked
Mrs. Lavoilette what her intention was. Mrs. Lavoilette thought it would be dependent
on a certain amount of people. She thought
if it was a small event like an exercise class or something small, then she did
not think that would have a great impact. She believed it was dependent on what
type of event was happening. She did not think everything she hosted would
require traffic control.
Madge B. asked if Mrs. Lavoilette was going to have
exercise classes, would they need to be on the weekend? Madge knew weddings
were going to be on the weekend. She wondered if the board needed more
specifics on what would be held on site to make a decision. Shapleigh Planning Board
Minutes – July 14, 2020 Page 26 of 28
Ann H. asked if people took a left and went up over
the hill, would it be a long way to get to Rte. 109. Both Roger A. and Madge B. stated it would be
a long way to get to 109 going in that direction. Mrs. Lavoilette stated that
it depended on where they were coming from if taking a left would work best.
Madge said she would not be concerned with an
exercise class. She asked if we were now
talking about holding classes during the week? Mrs. Lavoilette stated her plan
would be weekends still. She said if it were going to be a small 10 people
class, that could be a personal event. She said that she had friends that were
exercise instructors and they may want to have an all-day exercise event, hosting
different classes, something fun to do. She said it would definitely be a
weekend thing. She said if there was a weeknight thing, it would not be more
than 10 people. She did not see it as something she would have consistently.
Ann H. asked what if a condition would be if there
was going to be 50 or more people at whatever event, then there would need to
be a flagger or someone for traffic control. Mrs. Lavoilette stated that was
what she put in the email she sent to Barbara, she said it was the number that
popped into her head. She felt with 50 people you would have about 25 cars, but
admitted that was hard to put a number on. She stated she had a large family
and could have 50 people and 25 cars. She said she didn’t have an answer. Ann
said she was trying to think of something measurable to have in writing.
CEO Demers stated the DOT has on their website, that
this area is posted at 40 mph. He said the site distance recommended is 400
feet. He said from the lower driveway entrance the site distance to 109 is 400
feet and you can see it clearly. He said taking a left out of the driveway, he
was not sure if there was 400 feet. CEO Demers noted again there is no sign
stating what the speed limit is.
Ann H. asked Barbara F. if Karla knew what the speed
limits were in different areas of Shapleigh. She thought the board had asked this question in the past, because there
are not that many roads posted. Barbara said she was not sure; she could ask
Karla tomorrow. Roger A. thought if a road wasn’t posted the speed limit is 45
mph. Madge B. thought so as well.
Maggie M. stated that on Rte. 109, coming from Ted’s,
there is a sign posting 109 as 35 mph, until you get just past the motorcycle shop
where it turns to 40 mph. Mrs. Lavoilette said her husband said there was a 25
mph sign just before you turn right onto Deering Ridge Road. CEO Demers asked
if they were talking about the yellow sign? Mrs. Lavoilette stated, “Yes.” CEO Demers stated that was the recommended speed limit for Rte. 109
during hazardous conditions. CEO Demers asked if anyone measured the site
distance going in the other direction? Mrs. Lavoilette believed Steve Foglio measured it. Roger A. agreed but he couldn’t remember what
the distance was. Roland L. agreed he remembered it being measured, but could
not remember the number.
Roger A. stated the board still needed to agree on
what the standard would be for the volume of traffic, when would traffic
control be necessary. Madge B. asked if the board could set that number without
having any kind of traffic engineer give input? She asked if the board just made up the number from common sense? Roger
stated that the board could ask for a traffic study. Madge said she hated to
require a traffic study but on the other hand if the board knew how many cars
went by it would be useful. She noted these cars were apt to leave after dark,
so she wasn’t sure what to do. Maggie M. asked if the Sheriff’s Department
would have a guideline? Roger was not
sure. Roger said coming into the event would be staggered but the exodus would
be the concern. Madge agreed. Roger said
that in the summer, coming out onto Route 109, 20 vehicles coming out could be
a big impact. Madge agreed it would be a problem. Roger thought more than 20
vehicles could be a serious problem. CEO Demers said, “Good point.”
Roger A. thought someone like Bill King, because this is his area,
perhaps he could give the board some input. Roland L. believed that Duffy Gold
and her group, when they were doing a conversation about Shapleigh Planning Board
Minutes – July 14, 2020 Page 27 of 28
replacing the bridge, had a traffic study done. He
said he remembered a conversation about that, but he wasn’t sure if it was
done. He said they needed the information as part of the application they were
going to put forth to replace the bridge. He thought maybe Karla (Town
Administrator) would have the information. Barbara F. stated she would ask Karla tomorrow. Madge B. agreed they would have a lot of
information on that road, in order to get some engineering on how to rebuild
the road. The board agreed this might help save the applicant some money.
Roger A. asked if there was any other information
the board felt they needed from Mrs. Lavoilette. Roland L said if Mrs.
Lavoilette was going to speak with the Sheriff’s Department, maybe they have a
suggestion as to what number of vehicles would trigger them to want to be
there. He felt they should have an idea what a certain number of vehicles do to
the traffic flow.
Roger A. felt the board should table the application
pending further information. Madge B
agreed.
Mrs. Lavoilette stated she needed a letter from a
licensed engineer for the weight limit. You would like some input from either
Paul Mitchel or Bill King or one of the members of their team for the vehicle
count. She asked if there was anything
further they needed? Roger A. believed this is what they needed. Madge B. stated she agreed with Roland that Barbara
could get information from Karla for the next meeting. Roger agreed, they
wanted input from either Bill King or Paul Mitchell, along with the traffic
count information from Karla.
Mrs. Lavoilette stated she might hold off on hiring
an engineer for the weight limit of the barn until she might be approved
because that would be an extra expense. Roger A. and Madge B. agreed.
Roger A. asked for a motion to table. Maggie M. made a motion to table the application
pending further information as stated. Madge
B. 2nd the motion. All members
were in favor. By a vote of 5 – 0 the
motion passed unanimously.
Nothing further was discussed.
**************************
Growth Permits
Map 3, Lot 20A (Simon Ricker Road) –
New Home GP
#12-20 This is legal lot of record, a deed showing ownership was provided, the lot
is 3 acres in size which exceeds the minimum lot size requirement for the Town
of Shapleigh, and there is over 400 feet of road frontage.
Map 5, lot 3-7-6 (10 Jib Way) GP
#13-20 This is a legal lot of record, a
deed showing ownership was provided, the lot meets the minimum lot size requirement,
and has over 480 feet of road frontage. Note: The mapping is incorrect on
the town maps, so the exact size of the lot was not located on the maps on
line. This will be brought to the attention of the Town Administrator.
**************************
The Planning Board meeting ended at 9:15
p.m. Shapleigh Planning Board
Minutes – July 14, 2020 Page 28 of 28
NOTE: The summer hours
are in effect, the meetings now begin at 7:30 p.m. and any scheduled public
hearing begins at 7:00 p.m. The next Planning
Board meeting scheduled will be via Zoom on Tuesday July 28, 2020 at 7:30
p.m. See the Town website, www.shapleigh.net to obtain the link details,
or use the information below. To
attend the meeting, you may connect via the following:
• Join Zoom Meeting
• If calling in: Find your local number: https://us02web.zoom.us/u/kekLm2hxR2
Zoom Meeting ID: 848 9586 5996 Password: 479754 (For all links)
•
You may send an email by noon on the day of the meeting to planningboard@shapleigh.net
and the link to the meeting will be emailed to you, or you can find that link
on www.shapleigh.net under Planning
Board
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, 207-636-2839, x4.
Respectfully
submitted, Barbara
Felong, Land Use Secretary
|
Planning Board
January 23, 2021 11:51 AM