August 26, 2020 | |
Shapleigh Planning Board Minutes Tuesday, August 11, 2020
This evenings meeting was
conducted via Zoom due to Covid-19.
Members in attendance: Steve
Foglio (Vice Chairman), Madge Baker, Maggie Moody, Roland Legere, and Alternate
Ann Harris. Code Enforcement Officer Mike Demers was also in attendance.
Chairman Roger Allaire
was unable to attend. ************************
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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Roland
L. moved that the minutes from Tuesday, July 28, 2020 be accepted as read. Maggie M. 2nd the motion. All
members were in favor.
The
Planning Board meeting started at 7:30 p.m.
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Conditional
Use Permit – Relocate Driveway and Prevent Runoff – Map 5, Lot 12 (23rd
St. Loop) – George Rankin, Applicant & Property Owner George
Rankin was available via Zoom for the review of the application.
Along with the application, provided was a sketch
plan which depicted Map 5, Lot 12, and the location of 23rd Streep
Loop Road. The sketch also depicted the location
of the existing entrance, proposed entrance, existing leach field, existing
shed, and the delineation between the shoreland and general purpose district
that bisects the lot. In addition, shown
is an area where gravel will be removed to create a water retention area to
help with the existing stormwater issues, as well as where an earth berm will
be added to create a rain garden, also to mitigate stormwater runoff. Elevation notations on the plan show how elevations
will be changed after the project is completed.
Also provided, was the Rain Garden Design. Included in the design was a graphic picture
showing the location of a 23’ long berm, where there will be plantings added,
the location of the new driveway, and a crushed stone apron to filter sediment.
The Rain Garden Design was described as follows:
•
The rain garden will be trapezoidal shape approximately 18’ long on the road
edge, 30’ feet long, and 12’ on the far end with a depth of 8” in the center.
It will sit in the depression of the old driveway/entrance to the woodlot. It
will capture and filter ~1800 sq. ft. of runoff from the road and new driveway.
Page
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Planning Board – Minutes - August 11, 2020 Page
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•
A 23’ berm will be located behind the
rain garden on the road side to prevent overflow. Two stone aprons will also be
located on the right hand side of the rain garden to help filter large amounts
of sediments that may wash in from the road and driveway.
•
Plants that can tolerate wet soils will
be planted in the center of the rain garden. The sides and top of the rain
garden will be planted with those that like drier soils with occasional
flooding. Soils at the site are well-drained, sandy, and acidic. Plants will be
chosen that favor partial sun to shade.
Plants were also listed for the Rain Garden. For the
center: Summersweet; Marsh marigold; Lady fern, and Rhodora. For the sides: Highbush
blueberry; Cinnamon fern; Sheep laurel; Columbine, Purple coneflower; and Common
witch hazel. For the Top: Bush honeysuckle;
Sweet fern; Bearberry, and Lupine.
The detailed description of the project was written
as follows: Relocate driveway to prevent runoff and remove gravel to provide
water retention area. Proposed work to be done by Jeff Goodwin.
Steve F. asked Mr. Rankin to let the board know what
he intended to do. Mr. Rankin stated
that he owned a lot across the road from his lot, a back lot about 16 acres in
size. He said he owned this lot with his brother. He stated there was a serious
water problem on the lot. He said there
was an existing entrance and it was the low point of the entire property;
therefore, all the water on the hill runs down along the entrance, onto 23rd
street and down 23rd street just beyond his property, then down into
Mousam Lake. He said it has also created an erosion problem with the property
next door, so he wants to address this to help them out.
Mr. Rankin stated that on the map he provided, you
can see the existing entrance to the property. He said with a transit he shot some levels, and not from numbers that
mean anything, but the existing driveway is at -76 inches and the new driveway which
is about 20 feet up the road, would be at -45 inches, so this new driveway
would come in at 31 inches higher than the existing. He stated that just beyond
the proposed new entrance is the transit reading of -55, which is 10 inches
lower than where he is proposing to bring the driveway in, so any water running
down the side of the road will come onto the property.
Mr. Rankin stated his leach field is on this
property, and is within an inch of being level of the entrance, which is why he
chose this level, so the leachfield will not flood with water. He said everything
to the east of it will be at a lower point.
Mr. Rankin stated there was a dotted round line on
the plan where some earth will be dug out because it is a high point; it will
be removed. He said that reading is -30
which is 15 inches higher than the entrance to the driveway, but by taking out
about 3 feet of fill in the middle of the circle, it will be roughly 66 inches,
so it will be about 20 inches lower than the entrance to the driveway.
Mr. Rankin stated York County Soils, through the grant
program, wants to add a rain garden where the existing entrance is. He said they made up a sketch and he believe
the board had a copy of that. Madge B. said, “Yes”.
Shapleigh
Planning Board – Minutes - August 11, 2020 Page
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Mr. Rankin thought the project would be a plus for
the lake, because of the water being held on site. He said he talked to Jeff Goodwin, the Road Commissioner,
and he believed no one knows the way the water runs in this location better
than he does, therefore, he is going to do the work.
Mr. Rankin stated another reason he wanted to do it
was the fact there is a 16-foot easement down 23rd Street and the
Road Commissioner will sand it, if he plows it. He said they have a hard time turning around the plow truck presently,
but the new entrance will be made so that RC Goodwin can turn the plow truck
around without damaging the trees. He felt two problems would be addressed by
doing this, both the stormwater and the ability to turn around the plow trucks
easier.
Mr. Rankin asked if there were any questions? Steve F. stated he didn’t have any questions and
he appreciated the explanation. He felt
the board was on board with this plan.
Steve F. stated they would schedule a
site walk for prior to the next meeting. A notice to abutter will be mailed as
well. Steve F. stated there would be a public hearing that evening for the next
application, so the board will meet at 6:15 pm. Members will meet on site for social distancing.
Barbara F. asked if this would leave enough time to
do the Krans site visit on Dogwood? Steve F. stated they could do the
site visit on 110 Dogwood at 5:45 pm, which should leave enough time. Barbara will notify Mr. Krans.
Nothing
further was discussed. -------------------------------------
Amendment
to the Subdivision Known as Dezan Subdivision – Adjust Lot Line on subdivision
plan Lot 3-2 to Correct a Setback Issue with neighbor’s Garage – Map 7, Lot
41 (Norton Ridge Road & Owls Nest Road) – Lee Dezan, Property Owner
&Applicant; Joseph Stanley, Representative Mr. Stanley was present via Zoom to discuss
the application.
The preliminary application for the amendment to
the subdivision contained the following information:
Dezan Subdivision Property Owner & Lee
F. Dezan Applicant: 35 Norton Ridge Road Shapleigh, Maine 04076
Surveyor: Joseph Stanley , PLS #2453 455 Main Street Springvale, ME 04083 jstanley@lineprosurveying.com
Land Information Location: YCRD Book 11543, Page 57-59 Recorded April 16, 2002 Tax Map 7, Lot 41 Subdivision Plan Book
402, Page 22 Shapleigh
Planning Board – Minutes - August 11, 2020 Page
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Zoning: General
Purpose No part of the property
lies within 250 feet of the high-water mark of a pond or river. Acreage to be Developed: 11.24
Acres as Shown on the Plan (10.79 acres noted in the deed) No Current Deed
Restrictions, Easements, or other Encumbrances. Part of the parcel
does include a waterbody, Norton Brook, which is noted on the plan. The property is
not within a special flood hazard area as identified by the Federal Emergency
Management Agency.
General
Information No. of Lots: 4 in the amended Dezan
Subdivision, a total of 6 on Lot 41 (two previous divisions on Lot 3) This
development currently has a road. Water Supply: Individual Wells Sewage Disposal: Individual Septic Tanks Fire Protection : Nearby
Hydrant & Fire Department
Provided was a copy of the Warranty Deed
for Lot 3 or Map 7, Lot 41, recorded at YCRD on 2/16/2002, Book 11543, Pages 57
- 59. (This deed was associated with the original Dezan Subdivision, drafted by
Brad Lodge MPLS #2057 of Middle Branch Land Surveying, for 3 lots divided from
Lot 41, approved by the Shapleigh Planning Board on 2/26/2002 and recorded at
the YCRD as Plan Book 268, Page 7.)
Provided was a copy of the second division
of the Dezan Subdivision, drafted by Joseph Stanley MPLS #2453, of LinePro Land
Surveying, LLC, creating a total of 6 lots from the parent lot, plan dated
approved on 6/11/2019, recorded at the YCRD as Book 402, Page 22 on 6/17/2019.
Provided was a preliminary plan for
the lot line adjustment to Plan Lot 3-2 of the Dezan Subdivision, plan entitled
‘Revision to Plan Showing Division of Lot #3, Dezan Subdivision, Revising Plan
Book 402, Page 22, Shapleigh Tax Map 7 Lot 41, Owned by Lee F. Dezan, 35 Norton
Ridge Road, Shapleigh, Maine 04076 of Property Located on Norton Ridge Road
& Owls Nest Road in Shapleigh, Maine’, plan dated revised July 27, 2020, drafted
by Joseph Stanley, MPLS #2453. The plan
depicts a lot line adjust on the property line between Plan Lot 3-2 and Map 7,
Lot 41A, owned by David Bourque of 25 Norton Ridge Road, Shapleigh, Maine. The adjustment
affects 1430.4 sq. ft, but does not change the total square feet of either lot
involved.
The project description is as
follows: The application contained
herein is simply to revise one Boundary Line on the Subdivision Plan which was
approved last year for Lee Dezan on Owls Nest Road. The purpose of this
revision is to correct a potential setback issue for a garage situated on a
neighboring property. No other changes are proposed, and all other conditions
and waivers per the previous approval will be adhered to.
Steve F. asked Mr. Stanley to let
the board know what they intended to do. Mr. Stanley stated that when they went to set the pins at the Lee Dezan
project, they realized that the neighbor’s garage was pretty close to the
property line, so they went out and measured to the garage, and found it to be
7 feet from the property line. He stated that this adjustment will keep both
lots the exact same size and it will fix the setback issue.
Shapleigh
Planning Board – Minutes - August 11, 2020 Page 5 of 6
Roland L. stated that he was having
a hard time hearing Mr. Stanley due to feedback. Other members stated they were
as well. CEO Demers asked Mr. Stanley to
adjust his microphone.
Steve F. asked if the board had any
questions? He did not feel the board had
to do a site visit because they were there recently for the approval.
Roland L. asked if Mr. Stanley could
repeat what he said because he could not hear him. Steve F. stated that they
were correcting a lot line issue. There is a garage that is built too close to
the property line, so they want to amend one of the lines. He felt it was just
a matter of procedure, he didn’t feel it affected the subdivision or any of the
neighbors in his opinion. Roland said, “Ok”.
Mr. Stanley stated he could hear the
echo on his end, so he would like to recap what he said. Mr. Stanley said that
Steve F. did cover it. Mr. Stanley said
again, that when they went to set the pins on the Lee Dezan project, they
realized the neighbor’s garage was 7 feet from the property line. He said they,
therefore, met with both Mr. Dezan and the neighbor on site, both parties
agreed to a lot line adjustment, whereby, both would be gifting up 1430 sq. ft,
so both lots would be the exact same size after the adjustment. He said they wanted
to preemptively address any setback issue that could come up with for the
garage. He said that otherwise they did not intend to change anything with Mr.
Dezan’s approval. He added that with this adjustment, it still left 50 feet to
Lee’s (Dezan) existing shop.
Roland L. asked how the board
proceeds from here, did they have to have a public hearing? Steve F. stated
that they do need a public hearing because it is an amendment to the
subdivision. Roland said, “Ok”. Steve
said that even though it is a minor adjustment, the board has to follow the
same procedures.
Steve F. said the public hearing
will be held prior to the next meeting at 7:00 pm on the 25th of
August.
Steve asked if anyone had any
questions? Ann H. asked about the garage
on the neighbor’s property, she wanted to know if it had been there for a long
time. Mr. Stanley was not sure, but it
looked like it was fairly new. He said it was probably put up in the last five
or ten years. He said the pin was missing along the road, he felt it was probably
installed in good faith, but no one understood exactly where the property line
was when it went in. Steve noted that it was easier to fix it now than later on. Ann agreed.
Nothing further was discussed.
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Other:
Barbara F. let the board know that
Mr. Frank Clark was able to get an Escrow Agreement between the Town and himself
for his gravel pit reclamation, so he would be able to begin processing. Steve
F. noted this was for the gravel pit on Goose Pond Road.
Barbara F. stated that all the
signatures had been obtained for Mr. Richardson’s subdivision plans. Steve F. stated that the plans were with Mr.
Stanley to be recorded.
Shapleigh
Planning Board – Minutes - August 11, 2020 Page
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Roland L. asked if the next meeting
would be a Zoom meeting. Steve F. stated
that it would be. He said he had no
issue with everyone masking up and sitting around a table, but he also felt the
board was getting used to Zoom. Other
members agreed. Steve said the members
didn’t have to worry about being in public or wearing a mask or social distancing,
so he felt at this time this was best. Barbara noted that she had not had any complaints
about the format on Zoom. Steve believed
everyone had as much access, as if it were being held at the town hall. Members agreed.
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Growth Permits
Map 5, Lot 26A (Owls Nest Road) – New
Home GP
#16-20 The lot meets the minimum
requirement for a lot in the Zoning Ordinance and has the required 200 feet of
frontage on Owls Nest Road. Also, a deed was provided showing ownership, YCRD
BK 17680, PG 901.
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The Planning Board meeting ended at 7:45 p.m.
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 August 25, 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 12:23 PM