| September 23, 2020 | |
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Shapleigh Planning Board Minutes Tuesday, September 8, 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 (Vice Chairman)
was unable to attend, therefore, Ann Harris sat in as a regular member. ************************
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.
************************
Roger
A. asked if there were any changes to the minutes from August 25, 2020? There were none. The Planning Board minutes from
Tuesday, August 25th were accepted by members as read.
The
Planning Board meeting started at 7:30 p.m.
************************* 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 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.) Page 1 of 9 Shapleigh Planning Board Minutes –
September 8, 2020 Page 2 of 9
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.
On August 28, 2020, Mrs. Lavoilette
provided members with a proposal in lieu of traffic control using a person to
direct traffic. The new proposal was either to use a customized blinking LED sign
“Caution Event in Progress Ahead” or a flashing beacon with a custom sign.
This evening provided by Mrs. Lavoilette
was an email dated 9/8/2020, which stated the following:
Good morning,
I have talked with the road commissioner and he has approved
the use of the portable sign, we will work together for the placement. I have attached
the proposed material we will use to construct the sign, could you please pass
this along? Thank you. Best, Meagen
Along with the email was a picture
of the sign to be used and the portable stand it will sit on. The sign will say ‘Caution: Event in Progress
Ahead’, it will be attached to a 6-foot post on a 40 lb. portable sign stand. A 3-volt Amber LED Barricade Flasher light
will also be attached to the signage.
In addition, the board received an email
dated 9/1/2020 from the Town Administration, Karla Bergeron, who had an email response
from Road Commissioner Jeff Goodwin, who was asked if he had an issue with Mrs.
Lavoilette placing a sign alongside Deering Ridge Road when events would be letting
out. Road Commissioner Jeff Goodwin
replied as follows:
Shapleigh Planning Board Minutes –
September 8, 2020 Page 3 of 9
Hey Karla,
I don’t have a problem with it, I think a sign with a
flashing light will work. I don’t think it should be a permanent sign; I think
it should be portable and put out when they have an event. Jeff
A copy of the email was forwarded to
Mrs. Lavoilette.
Roger A. asked Mrs. Lavoilette to update
the board and anyone listening, where she was at this point in time.
Mrs. Lavoilette stated that she was
able to connect with RC Jeff Goodwin and the local Sheriff as well. She said that in the end it was decided
that she could have a sign that she
would put up for the event. RC Goodwin
liked the idea of not having something permanent, just putting it out when they
had events. She said he thought it would
be more eye catching for traffic, people wouldn’t get used to the sign and
over-look it because they were coming by often. She said that this morning she sent Barbara a simple proposal about how
the sign would look and the pieces that would be put on the sign. She said that RC Goodwin will come out to the
property eventually, and they will decide where it will be placed.
Roger A. stated that he totally
agreed, and Steve Foglio did as well, with the sign. All other members agreed the sign was a good
idea. Roger said he thought solar
powered might be the best vs trying to put batteries in it to keep it lit
up. He said it was up to Mrs. Lavoilette
what she wanted to use for a power source. Mrs. Lavoilette stated that the light
would be like she proposed, which his battery operated. Roger said again that all
the members agree the temporary light would be fantastic.
Mrs. Lavoilette stated this was as
far as she has gotten. She said she had
not proceeded to hire any engineers until she gets some type of approval of the
project, and then she will move forward with the others conditions that have
been discussed. She said there is the structural engineer for weight analysis
and there is a certain type of architectural engineer that will come out and do
the safety analysis for the State. She said
she hasn’t contacted him yet; he will do the whole analysis and that would be all
the paperwork she will submit to the State Fire Marshall’s office for their
approval process.
Roland L. asked Mrs. Lavoilette if
the State inspection was for fire purposes only, or would that engineer also do
the structural analysis as well? Mrs.
Lavoilette said that was a separate analysis. She said the State Fire Marshall is likely to require some type of
plans, perhaps architectural plans of the barn, and where things would be
placed such as signs, and fire protection such as fire extinguishers. She said he would also know if she needed a
sprinkler system and those type of details. She said when she had talked with the structural engineer that Ann
Harris had recommended, he strongly encouraged her to contact this person first,
because most likely she would have to bring him in and it would save her a step-in
time. She said he is going to have to
come out to do the paperwork for the State for the Fire Marshall approval process.
Roger A. said, “So the next step is
for the safety analysis, for that person to come over and determine whether or
not the barn actually needs a sprinkler system”. Mrs. Lavoilette stated, “I think he will do
the whole thing. He will write up all of the plans to scale to say where all
the entrances, exits, all of that type of analysis. Where the signs would go, fire extinguishers,
and he should be able to give me a good idea of what the States going to require
of me”. Shapleigh Planning Board Minutes –
September 8, 2020 Page 4 of 9
Ann H. asked Roger A. if the board
could give her, if everyone is in agreement, a go ahead, with conditions that
those are approved? She said that Mrs.
Lavoilette cannot open unless she gets the safety inspections approved and the
structural engineer approval. Roger said that he preferred not to approve,
because the inspections could add conditions on to the approval once the board has
the reports. Ann stated that she would hate to have Mrs. Lavoilette spend the
money and get it done without some type of approval. She asked Mrs. Lavoilette if she was looking
for an approval prior to spending the money on the engineers, that the Town of
Shapleigh is ok with her having this event business based on the conditions of
fire safety, because if the fire safety isn’t approved, she cannot do it
anyway. Ann said it is expensive and she
didn’t want her to go through the expense, if the Town isn’t going to allow her
to do it.
Roger A. stated he didn’t have any
issue with seeing this approval move forward, he thought the idea of what she was
proposing was fantastic. He said there
would be some limitations, and when she has the safety analysis done, she may
decide she isn’t going to invest the money in order to get approved, and may
decide to pull the permit.
Ann H. asked Mrs. Lavoilette what
she was looking for, if it was to make sure everyone is ok with the project before
she gets the additional two things done? Mrs. Lavoilette said, yes, and that she wasn’t expecting a complete
approval. She said they finally have the
traffic control in place, and she believed it was what was holding her up the
most. She said if all that she presented so far is tentatively approved by the board,
then she will go ahead and move forward. She said she would likely do the
safety inspection first, because if they do require a sprinkler system and it
is a huge overhaul, then she may wait until the spring to see where Covid goes
and where we are headed in 2021. She
said if she didn’t have to make a huge investment for fire safety, then she
would try to move forward as quickly as possible to put everything into place.
Roger A. stated he had no issue
moving forward with a temporary approval, with the items presented to date, for
the traffic issue, having the temporary signage to be placed with each event;
he believed this was adequate. He said
the portable toilets required would be one for every forty people, so she may
need 5 portable toilets on site all summer or however long her large venues are
going to be going. He didn’t think the company providing them would want to
pull them after every event. He thought she may have to have a contract for an
extended amount of time, such as for six months at a time.
Roger A. stated the safety analysis
was going to be very important to determine whether or not she wants to expend
the money for the business. Roger thought initially the structural analysis might
be more important than the safety, but he said it now looks like it might be
the other way around. He said the safety may be moreso money wise. Mrs. Lavoilette said she did not believe the
actual analysis would be costly but depending on how much a sprinkler system
cost if it is required, that may be a bigger issue. Ann H. stated that she may
not be required to put in a sprinkler system, because she knew of other event
barns in the area and none of them have sprinklers in them. Mrs. Lavoilette
stated she didn’t know how it would work since the structure is already built. She said the gentleman she spoke with at the
Fire Marshalls office, who wasn’t her point contact but he was helpful, he did
say once you get into two stories, then that is when they might require
it. She said at this point they do not
have two stories, so she wasn’t sure what they would require. Roger added that
he had been to several venues such as what she would be doing, and he said he
has never seen a sprinkler system in them. He added that he hasn’t even seen extinguishers. Mrs. Lavoilette stated it would be a must for
her, and high on the priority list. She noted that they were not doing any cooking
on site, so she thought that might make a difference as well. Shapleigh Planning Board Minutes –
September 8, 2020 Page 5 of 9
She said she was anxious to move
forward and contact the engineers to see when she can get them to the property.
Roger
A. stated that he has no issue giving a temporary approval to say ‘continue on’,
realizing he didn’t anticipate any unknowns that would be a surprise to the applicant,
with respect to the board’s requirements. He said he would do the safety analysis first and wait on the
structural, to determine whether or not she wants to continue. He said then if
she does want to, next the structural to be sure the building will support the
weight of 200 people. He said parking is
all set; the entrance and exit has been determined and how to work with the
traffic; the lighting has been determined, keeping the area lit so people can
find their vehicles in the dark.
Roger
A. said he could take a poll to see how to move forward. Madge B. asked if it would be best to table
it, because the board isn’t sure when Mrs. Lavoilette is going to come back.
She said the board could table it, with the decision to date she has met all
the Planning Boards requirements, or something to that affect. Roger said she has to date, but with respect
to safety, something could come up that the board didn’t look at because they
were not aware. He said between safety
and structural, those would be the two areas that could be an issue. Madge said
that is why she thought the board would table it with a statement that to date
she has met the boards requirements, but only to date, which is why the board will
table it because there will be additional considerations.
Madge
B. asked if Roland wanted to suggest anything? Roland L. stated he supported what has been suggested thus far. He said unless there is something totally
unexpected that comes up, he supports the application and he hoped that Mrs.
Lavoilette would be able to proceed. He said, as Roger mentioned, the engineers
may present something to the board that we haven’t considered and should, as a condition
of approval. He said he would want to
hear a report from the engineers. Madge said, ok, and she asked Mrs. Lavoilette
if the board was being clear? She asked
her if she was comfortable with what was being said? Mrs. Lavoilette said that yes, her next steps
are the structural engineer and the safety inspection. She said from there, she will have to go
through the approval with the State Fire Marshall, which is another process.
She said as she gets reports, she will submit them to Barbara F., so she can
disperse them to members.
Roger
A. stated that he would like the board to see the safety analysis first, before
the Fire Marshall, that will give her the path to deal with the Fire Marshall,
because it will have determined what needs to be done. He stated, then she can
determine if she wants to do the recommendations in order to move forward. He
thought the safety analysis would be the best next step and see what is determined,
and from that point if the recommendations looked good, then he would go to the
structural engineer; lastly, the State Fire Marshall. Mrs. Lavoilette stated, “Ok,
I will just keep you guys updated as soon as things come in, if you guys want
to look things over, I can hop onto a meeting and discuss it”. Roger thought that was fine.
Madge
B. made the motion to table the application, based on the fact all requirements
to date have been met, and with pending new information expected on fire safety
and structural safety. Ann H. seconded
the motion. All members were in favor of
tabling the application. By a vote of 5 –
0, the motion passed unanimously.
Nothing
further was discussed.
Shapleigh Planning Board Minutes –
September 8, 2020 Page 6 of 9
Amendment
to a Conditional use Permit – Add a 50’ x 150’ Storage Building – Map 1, Lot
24A (140 Deering Ridge Road) – Shawn McLeod, Applicant; Adex Properties,
Property Owner Mr.
and Mrs. McLeod were present on Zoom for the review of the application.
Provided
along with the application, was a sketch plan which depicted the existing structure
for the business, a 50’ x 100’ cement pad for storage of vehicles, two existing
driveways (one for personal use), parking area, existing well and septic/leachfield
location, locations of the existing 50’ x 100’ cold storage building and
proposed location of the new building which is also, 50’ x 100’. The distance
to the side lot line of the proposed structure was depicted as 50 feet and
distance to the rear lot line is 143 feet. There will be a corridor between the two storage structures, the corridor
being 45 feet in width.
The
detailed description of the project is as follows: Add another 50’ x 150’ steel storage building
next to the existing 50’ x 150’ building. No heat, no electricity.
Roger
A. asked Mr. McLeod to let the board know what he wanted to do. Mr. McLeod stated that he wanted to add an
additional storage building beside the one he has now, to extend his storage
facility.
Madge
B. stated that the application states, ‘no heat, no electricity’; she said that
she assumed no plumbing. Mr. McLeod stated, “No plumbing as well, that is
correct”. He said it was four walls and
a roof basically.
Roger
A. stated that with the addition of the new building, it only got his land
coverage to 12%. Mr. McLeod stated, “That’s
correct”.
Roland
L. asked, “Shawn, as I am looking at the drawing that you provided, on the far
right hand side, the side lot distance, is that 50 feet”? Roland stated that it appears to be written
upside down, so he wasn’t sure. Mr.
McLeod stated that it was 50 feet. Roland just wanted clarification.
Roland
L. asked with respect to appearance, would it be the same as the existing
building? Mr. McLeod stated that it
would. Roland noted that it was a nice
looking structure. Mr. McLeod thanked him.
Madge
B. asked if there would be a public hearing? Roger A. stated, yes.
Roger
A. stated a site inspection would be held on Tuesday, September 22nd
at 6:00 pm. The public hearing will be
held at 7:00 pm. A notice to abutters
will be mailed as well.
Roland
L. told board members that the Chairman of the Selectmen stated the board had
voted and there would be no more Zoom meetings. Roger A. stated that he had received an email from Karla stating that
the Planning Board could have regular meetings at the town hall. Roger said he would be discussing this with
members later in the meeting.
CEO
Demers said he had a question regarding the number of vehicles or units served
or stored on the property. He wanted to
know, and he noted he did not expect an answer today, was there a land use
regulation in the form of a standard, zoning ordinance, or state law that would
give the Planning Board the authority to limit the number of vehicles on the
property. He said in his review of the original Conditional Use Permit there
was a limit of 100 units. He said he was
not clear on where the number came from. He Shapleigh Planning Board Minutes –
September 8, 2020 Page 7 of 9
said
with the amendment three years ago, the limit was raised to 350. He said the minutes don’t reference any
reason or formula as to how this number was calculated. He said if there was a standard, he wants to
review it. He said again he wasn’t looking at getting into it tonight, he just
wanted to bring it up and do some research to talk about it in two weeks. Roger
A. stated there was no specific limit with respect to state law. Roger said that the applicant requested that
amount be allowed and it was approved by the Planning Board. Ann H. asked if he
was saying there is no state law or zoning ordinance that says how many vehicles
or pieces of equipment can be stored on the property? CEO Demers stated the only standards he could
find would be the off-street parking ordinance and the automobile graveyard
statute. He didn’t see where there was any limitation for any property owner to
have any number of registered vehicles or vehicles in storage on their property. Roger said Mr. McLeod asked for the number
and the board approved it, and he would be allowed to change that number if he
requests it. CEO Demers said there is no
law and it is one of the conditions in the conditional use permit, if there
were to be a violation in the future, he felt it would be unenforceable, so he
didn’t feel there was a reason to have it attached to the conditional use in
the first place. Roger disagreed; he stated any condition on a conditional use
is enforceable. CEO Demers stated they
will discuss it at the next meeting.
Nothing
more was discussed. -----------------------------------
Other:
Roger A. stated he had no issue
continuing with Zoom. He said with the current outbreaks in Sanford, it would
be best. He stated Karla (Town
Administrator) had sent out an email stating the Selectmen authorized the use
of the building for meetings, for groups of up to 50 people.
Roger A. stated that the board hasn’t
had any issues using Zoom to present, and Steve Foglio, which could not be here
this evening, stated he supported Zoom meetings. He sent an email in which he stated the
following in part: I just want to say that I am happy with Zoom
meetings as I think it includes more people versus excludes them. Thank you. Madge B. and Maggie M. both stated
they were in favor of continuing with Zoom in light of the current situation
with Covid locally. CEO Demers stated
that he felt the participation has been up since Zoom has started. Roger said with that in mind, he felt the
board should continue using Zoom.
Roger A. asked Roland L. his
opinion. Roland stated that he agreed
that Zoom was best. He wanted the board
to know that the tone that was taken at the Select board meeting, it was his
understanding we are supposed to be meeting in person. Roland asked that
someone verify it. Roger said he had no issue having Barbara F. check with
Karla in the morning.
Ann H. asked if there were any
complaints from applicants regarding Zoom? Roland L. stated if there were complaints, they didn’t share any. He said
personally, if given the choice, even down the road if you can come up with a hybrid
that would allow participation through Zoom, even with regular meetings, it
makes the process that much more
transparent and accessible by abutters that may be out of state and can’t
physically come to the meetings. Ann stated that you can have a public meeting
and use Zoom. Maggie M. stated Acton
does that with the Selectmen’s meetings.
Shapleigh Planning Board Minutes –
September 8, 2020 Page 8 of 9
Madge B. said even applicants could
come using Zoom instead of driving up from out-of-state. Roland L. added, “Only
to be told we will do a site visit in two weeks”. Ann thought it would be a good idea to look
into both. Roland thought even from an environmental impact, their time on the
road and emissions, you could make a reasonable argument for someone not to
have to drive up, sit through a meeting for a five- or ten-minute presentation,
only to be told we will do a site visit and the public hearing at the next
meeting. He thought it would be good to explore that in the future.
Roger A. stated that at present,
under the emergency order from the Governor, he believed the board could
continue to use Zoom. He said with everything
changing so rapidly, due diligence would be to stay using Zoom.
Madge B. thought the Selectmen were
meeting upstairs. Roland L. said the
last three meetings he attended, they met downstairs. He said the participation
is way down. This week he was the only
one there and the last time he attended it was only the EMS Director and
himself. He said in the past, the downstairs would be almost full and they would
have to add chairs.
Nothing further was discussed.
**************************
Growth Permits
Map 11, Lot 10 (Gray Road) – New
Home GP #18-20 Roger A. asked if CEO Demers knew
where the new lot would be located, because the applicant didn’t provide a
sketch on where it would be on the property. Roger stated there was a reference stating it was 2 acres, it didn’t
show that there would be 200 feet of road frontage. Roger added that the warranty deed provided
was for the entire parcel, not the 2-acre lot. CEO Demers stated he would not testify where it was located. Roger stated that because they provided the
deed for the entire parcel, they can give a growth permit out, but it would be
up to CEO Demers to not give out a building permit until the deed for the 2-acre
lot is provided. Roger stated that the new deed cannot say 200 + or – with respect
to the road frontage, it has to say 200 feet or 200 +, minus would not be
acceptable. CEO Demers agreed, stating that the ’part of Lot 10’ would have to
meet the minimum lot requirements including the road frontage. The Growth Permit was therefore approved with
a condition that a deed shall be provided depicting the exact measurements of
the new lot and showing that it meets
the minimum requirements in the Zoning Ordinance.
Map 40, Lot 13 (Granny Kent Pond
Road) – New Home GP
#19-20 Roger A. stated the lot was an
existing lot of record, meeting the road frontage requirement. He noted it did not meet the 2-acre minimum.
This lot was not part of a subdivision.
Map 7, Lot 30-2 (Shapleigh Corner
Road) – New Home GP
#20-20 Roger A. stated the lot has 320 feet
of road frontage and contains over 7 acres. The lot is not part of a subdivision.
**************************
Shapleigh Planning Board Minutes –
September 8, 2020 Page 9 of 9
The Planning Board meeting ended at 8:15 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 September 22, 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
October 16, 2021 4:22 PM