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 Shapleigh Planning Board

Minutes

Tuesday, April 9, 2019

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

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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’.

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The minutes from Tuesday, March 26, 2019 were accepted as read.

The Planning Board meeting started at 7:30 p.m.

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Best Possible Location – Replace Existing Foundation – Map 26, Lot 26 (220 16th Street Loop) – Tyler Matthews, Applicant; Kurt & Lori Krinki, Property Owners

Tyler Matthews was present for the review of the application.

Board members did a site inspection prior to this evenings meeting.

Provided along with the application, was a sketch plan drafted by Dana A. Libby – PLS #1350 of Corner Post Land Surveying, Inc., dated 10-1-2014, which depicts the existing structure(s), leach field and septic tank location, and driveway. The sketch also depicts the distance from the existing structures, which included the house, enclosed porch and deck, as 25.7’ at the closest point to Mousam Lake, and 14.9 at the closest point to the lot line that abuts Map 26, Lot 25; the location of the boundary of the 100’ setback to the high-water-line and the 75’ setback to the center of the road; as well as the location of the proposed silt fence and the location of 16th Street Loop Road. Also provided were two hand drawn sketches; one showing the house footprint and distance from the house to the septic tank; and one showing the footprint of the house and porch, and the location of the drip line trench for roof runoff for each.

Additionally, provided was a copy of the Subsurface Wastewater Disposal System Variance Request, drafted by Kenneth Gardner SE #73, dated 9/19/18, and the Subsurface Wastewater Disposal System Application, also drafted by Kenneth Gardner, dated 7/20/18. The system is designed for a 3 bedroom house.

Roger A. asked Mr. Matthews to let the board know once again what his client wanted to do. Mr. Matthews stated that they wanted to lift the camp up, put a full foundation underneath it and drop it back down in the same location.

Roland L. asked if it was going to be a daylight basement to the outside? Mr. Matthews stated that he did not think he could get a daylight basement with the height restriction in Shapleigh. Steve F. asked if it was because he was so close to the water. Mr. Matthews stated, yes, he thought there was 20 feet

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Shapleigh Planning Board Minutes – April 9, 2019 Page 2 of 8

maximum allowed, and with adding a full daylight, the first floor and the roof, it would be over 20 feet. (§105-4 ‘Nonconformance’, Section D ‘Nonconforming structures’, (c) [1] ‘For structures located less than 75 feet from the normal high-water line of a water body……. The maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater’)

Steve F. thought he could still go up three feet. CEO Demers thought that was correct but could not find where it was written. Roger A. stated that allowance was in the previous ordinance, with the changes in Shoreland Zoning by the State, that is no longer in effect, along with the 30% volume. Mr. Matthews asked if the maximum height trumps the 3 feet. Roger said that now the maximum height is actually from the ground up. Mr. Matthews stated it was also the lowest grade and not the median. Roger agreed.

Roger A. asked if the full foundation would go under the enclosed porch? Mr. Matthews stated whatever is under an enclosed structure, so everything but the deck will have a foundation.

Steve F. asked if the applicant’s just bought the place? Mr. Matthews said, “Yes, they bought it in the fall.” Steve asked if they put in the new septic? Mr. Matthews stated, “They put it in”. Steve asked if there was a reason why the applicants didn’t want to move the structure back even a little, or turn it? Mr. Matthews stated that they ideally would like it where it is. He said, “And it sets up better for the builder, giving him more room to lift the house, move it out of the way, work not under the house, and then set it back down”. He stated that the more you move it back, the more you may have to work under it.

Roland L. asked which came first, the decision to raise it or to put in a septic system. Mr. Mathews said that to his knowledge they were told when they bought it, that it needed a septic right away. He said at that time they had no idea if they could also put in the foundation, they had to wait until they got their bonuses to know if they could do anything further. He said again he believed the septic went in first because of this.

Roland L. asked if the foundation would be a poured foundation or a block? Mr. Matthews stated that it would be poured concrete.

Roger A. asked where the house would be parked while the work was going on? Mr. Matthews thought pretty much straight back, so they wouldn’t have to work under the building and then bring it forward and set it down.

Roger A. asked what the distance needed to be from the septic tank to the house? CEO Demers thought 10 feet was allowed. Steve F. thought 8 feet. CEO Demers looked it up and stated 10 feet was allowed.

Roland L. stated that he noted a flag on a big pine, he asked if it was a boundary marker or if the tree was marked to be taken down? Mr. Matthews stated that trees had been marked for the new septic and this tree was optional, so the property owners wanted to keep this tree. He said he hadn’t removed the flag yet. Roland asked if trees had already been removed. Mr. Matthews stated some had for the leachfield. Roland asked if the leachfield was a chamber system? Mr. Matthews stated that yes, it was a concrete chamber system.

Mr. Matthews asked if giving a few extra feet would help the board make the decision? Roger A. thought they would like it to be swung around to get it away from the embankment. Mr. Matthews believed he

Shapleigh Planning Board Minutes – April 9, 2019 Page 3 of 8

knew what Roger was referring to, and he was curious if a few feet would help. He said it would make it tighter to work around and he preferred to leave it in the same location, but they could do it. Roger said that it is being moved in order to get access, and an excavator and cement truck needed to get in. Mr. Matthews agreed. Roger noted that no trees were being cut. Mr. Matthews agreed.

Steve F. asked if the board knew where the tank was? Mr. Matthews said he had it on a sketch from Caleb Chessie. Steve asked if it was 16 feet out, and noted the plan he was looking at was dated 2014. He wasn’t sure if the plan was correct. Mr. Matthews stated that he drew in the location of the septic tank, so it was correct. Steve said that the tank was placed closer to the house, instead of the leach field. Mr. Matthews said that he was correct. Steve stated that if the Planning Board wanted to turn the house and move it back, then they could move the tank and not disturb the leachfield.

Roger A. said that if they rotate the building and make it parallel to the lot lines, keeping the 10 feet to the tank, it should work. Mr. Matthews said he believed it was doable, but his question was how could they tell how much they could turn it to get the setback distances to the lot lines and the water. Roger said that if the board requires the distance to the tank, 10 feet from the tank to the house, the board could also give a dimension to the side lot line, for example 15 feet, then whatever the other distances are, are what they are. Roger showed him, using the plan provided, what he was talking about. Steve F. thought Mr. Matthews needed to get the distance calculations to the board. Roger thought as long as the board asked for 10 feet to the tank and parallel to the side lot lines, and the point to the side lot line, keeping the structure the same size, this should work. He said he would not know the distance to the water, but as long as the camp uses the other two distances it should work.

Mr. Matthews asked if he had to go to a surveyor and get the dimensions. Roger A. said he would need the survey to set the foundation. Roger said they would use the dimensions the board dictates.

Roland L. asked if the applicants also own across the street. Mr. Matthews stated that they did. Roland asked if the actions that took place on this location back in 2003, with the Planning Board, did it effect what the board is reviewing now? Roger A. stated that it did not, the board does not go back in time. Note: In 2004 the Planning Board approved a Best Possible Location to Remove & Replace a Deck with 30% Expansion. At that time, the existing 8’ 6” x 7’ 4” deck by the water was removed, the square footage was expanded by 80.58 square feet and it was added to the existing deck that is attached to the camp. As a condition of approval, any future expansion of the existing camp and deck would not include calculations based on the new addition to the attached deck.

Roger A., looking at moving the building, said the original building was 20’ x 32’ but that didn’t include the porch, so he still couldn’t come up with an exact location. Roland L. asked if on the original permit, was there a drawing of the original structure on file and was the enclosed porch on it. Roger stated that the enclosed porch was added in 1988.

Roger A. showed Mr. Matthews, using the sketch plan provided, exactly what he was talking about for relocating the structure. Roger felt moving the building, so it was parallel to the side lot lines, would move the structure back about 12 feet from the high water mark. Mr. Matthews was concerned with where they would place the house while doing the work. Roger did not believe there would be an issue, as it would be on beams and they could place it over the septic system. Roger believed the builder was

Shapleigh Planning Board Minutes – April 9, 2019 Page 4 of 8

planning on coming over the leachfield anyway. Mr. Matthews agreed. Steve F. asked who was moving the building? Mr. Matthews stated, “Dennis Morin”. Steve noted he had been doing it a long time.

Roger A. asked Maggie M. if she understood what he was trying to do? Maggie stated that she did, he was trying to move the structure back from the water giving them more of a front yard. Barbara F. asked exactly what Roger wanted in the findings for approval.

Roger A. stated the structure would be 10 feet from the septic tank to the edge of the foundation; 15 feet from the structure to the side lot line; and parallel to the side lot line. Mr. Matthews asked to have the statement ‘a minimum of 15 feet from the side lot line’. Roger stated that when the board established the distance they had to be exact. Mr. Matthews did not see why it couldn’t be a minimum of 15 for the side setback, as the structure meets that setback requirement. Steve F. agreed that the side setbacks are met which are a minimum of 10 and accumulative of 30. He didn’t think this would be an issue. Mr. Matthews was concerned if he had to move it a foot. Roger agreed to have the statement of approval as ‘a minimum of 15 feet from the side lot line’. He said 10 feet from the tank will be 10 feet.

Mr. Matthews asked if there was room for any error with the 10 feet? Roger A. stated that no, it has to be 10 feet. Steve F. agreed, noting that the board usually pins them in to specific setbacks, lower than our setbacks. He said this was a wider lot, so there is some room.

Steve F. said he didn’t want to hold the applicant up, but he thought it would be nice to see the structure placed in the new location on the plan. He said, “So when this is approved, there is no question for Mike (CEO Demers) or the surveyor, exactly where the location is supposed to be”. Steve asked what the time schedule was, did they want to begin immediately. Mr. Matthews stated that they were ready to begin. Steve said he had no issue as long as the other board members felt comfortable. He noted they did not know the distance to the water, so what would they say the distance to the water would be. Roger A. said he would not know, he would only know the distance to the tank.

Roland L. thought that with the new location, perhaps they could do a daylight basement. Mr. Matthews said with the new ordinance change, using the lowest point as the measurement, it removes the ability to put in a daylight basement. Roger A. agreed.

Roger A. stated the conditions of approval would be as follows:

1) The edge of the foundation of the structure, shall be 10 feet from the existing septic tank.

2) There shall be a minimum of 15 feet from the structure to the SW lot line (Map 26, Lot 25).

3) The structure shall be placed parallel to the side lot lines.

4) Best Management Practices shall be kept in place until the project is completed. There must be a person certified by the DEP in erosion control practices on site during the project.

5) Per Shapleigh Zoning Ordinance §105-4.D7(c), the approved plan shall be confirmed in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Steve F. asked when the certification was required? Roger A. stated, when they were to pour. CEO Demers stated, “Pre-pour for the footings inspection”. CEO Demers asked Mr. Matthews if he used Joe Stanley (surveyor)? Mr. Matthews stated that he did. He didn’t understand why it was done pre-pour.

Shapleigh Planning Board Minutes – April 9, 2019 Page 5 of 8

CEO Demers stated that he would be there for a pre-pour inspection for the footings and then a pre-pour inspection for the walls.

Maggie M. asked if the distance included the overhang? Steve F. stated, “No”.

Steve F. felt they should put in the notes that the distances they are giving use overhangs or foundation. Roger A. stated foundation. Steve said he wanted it to be clear, because during a title search if they go to refinance, the overhangs are going to be closer than 15 feet. Roger stated that there wasn’t an overhang in

that location. Steve asked if there was an overhang on the porch. Mr. Matthews stated that the dimension from the septic tank to the structure will be 10 feet to the foundation but to the side lines he would use the overhang for his own safety.

Roland L. asked Mr. Matthews if he was confident that the septic tank was where he said it was? Mr. Matthews stated that he was.

Roger A., reviewing the septic design, noted that the design showed the tank to be 50 feet from the structure. Mr. Matthews stated that the owners chose to place it closer to the house. Roger didn’t see any notes on the plan. Roger asked CEO Demers if he knew about the deviation from the plan, since he signed off on it. Steve F. stated that the site evaluator didn’t care about the location of the tank, there is flexibility there. Mr. Matthews agreed that the leachfield was the critical location. He added the closer the tank to the house the better for less problems.

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

Roger A. stated the final conditions of the permit:

1) The edge of the foundation of the structure shall be 10 feet from the existing septic tank.

2) There shall be a minimum of 15 feet from the structure to the SW lot line (Map 26, Lot 25).

3) The structure shall be placed parallel to the side lot lines.

4) Best Management Practices shall be kept in place until the project is completed. There must be a person certified by the DEP in erosion control practices on site during the project.

5) All areas disturbed shall be stabilized with mulch.

Mr. Mathews asked if it had to be mulch. Roger believed based on the soils present, mulch would be the best alternative in this location.

6) Per Shapleigh Zoning Ordinance §105-4.D7(c), the approved plan shall be confirmed in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Maggie M. made the motion for approval of the Best Practical Location to replace the existing foundation, and move the structure per the amended plan for Map 26, Lot 26, 220 16th Street Loop, with the stated conditions. Roland L. 2nd the motion. All voting members were in favor. By a vote of 4 – 0 the motion passed unanimously.

Nothing further was discussed.

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Shapleigh Planning Board Minutes – April 9, 2019 Page 6 of 8

The Findings of Fact

1. The owners of Shapleigh Tax Map 26, Lot 26 (220 16th Street Loop), are Kurt & Lori Krinke, of 7 Ordway Lane, Kingston, NH 03848.

2. The property is located in the Shoreland District and according to the assessor contains 0.38 acres.

3. The applicant is before the board for a Best Possible Location to replace the existing foundation.

4. Received was a sketch plan drafted by Dana A. Libby – PLS #1350 of Corner Post Land Surveying, Inc., dated 10-1-2014, which depicts the existing structure(s), leach field and septic tank location, and driveway. The sketch also depicts the distance from the existing structures, which included the house,

enclosed porch and deck, as 25.7’ at the closest point to Mousam Lake, and 14.9 at the closest point to the lot line that abuts Map 26, Lot 25; the location of the boundary of the 100’ setback to the high-water-line and the 75’ setback to the center of the road; as well as the location of the proposed silt fence and the location of 16th Street Loop Road.

5. Received were two hand drawn sketches; one showing the house footprint and distance from the house to the septic tank; and one showing the footprint of the house and porch, and the location of the drip line trench for roof runoff for each.

6. Received was a copy of the Subsurface Wastewater Disposal System Variance Request, drafted by Kenneth Gardner SE #73, dated 9/19/18, and the Subsurface Wastewater Disposal System Application, also drafted by Kenneth Gardner, dated 7/20/18. The system is designed for a 3 bedroom house.

7. The sketch plan, dated 10/1/14, was amended by the Planning Board during Tuesday’s meeting on April 9, 2019, moving the foundation of the structure to 10 feet from the septic tank, rotating the structure making it parallel to the side lot lines, and placing it a minimum of 15 feet from the SW lot line. Notations were also added to the sketch plan with respect to the final location of the foundation. These are listed in the conditions of the permit.

8. The board reviewed Zoning Ordinance §105-4, ‘Nonconformance’, and concurred the application and information as presented met the standards applicable in this chapter.

9. A notice was mailed to all abutters within 500 feet of the property on March 27, 2019. Meetings were held on Tuesday, March 26, 2019 and Tuesday, April 9, 2019.

10. The Planning Board unanimously agreed to approve the Best Possible Location to replace the existing structure per the plans presented with six conditions:

11. The conditions of the approval are as follows:

1) The edge of the foundation of the structure shall be 10 feet from the existing septic tank.

2) There shall be a minimum of 15 feet from the structure to the SW lot line (Map 26, Lot 25).

3) The structure shall be placed parallel to the side lot lines.

Shapleigh Planning Board Minutes – April 9, 2019 Page 7 of 8

4) Best Management Practices shall be kept in place until the project is completed. There must be a person certified by the DEP in erosion control practices on site during the project.

5) All areas disturbed shall be stabilized with mulch.

6) Per Shapleigh Zoning Ordinance §105-4.D7(c), the approved plan shall be confirmed in writing by a licensed surveyor that the placement of the structure is correct per the specifications approved by the Planning Board.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of Zoning Ordinance §105-4, ‘Nonconformance’, a motion was made to approve the Best Possible Location to replace the foundation under the existing structure and place it per the sketch plan drafted by Dana A.

Libby – PLS #1350 of Corner Post Land Surveying, Inc., dated 10-1-2014, amended by the Planning Board on 4-9-19, for Tax Map 26, Lot 26, with six conditions.

Vote:

By a unanimous vote of 4 – 0, the motion to approve the Best Possible Location to replace the foundation under the existing structure and place it per the sketch plan drafted by Dana A. Libby – PLS #1350 of Corner Post Land Surveying, Inc., dated 10-1-2014, amended by the Planning Board on 4-9-19, for Tax Map 26, Lot 26, with six conditions, was accepted.

Decision:

The Best Possible Location application to replace the foundation under the existing structure and place it per the sketch plan drafted by Dana A. Libby – PLS #1350 of Corner Post Land Surveying, Inc., dated 10-1-2014, amended by the Planning Board on 4-9-19, for Tax Map 26, Lot 26, with six conditions was approved.

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Growth Permits

Map 5, Lot 20-5 – White Tail Lane – New Home #7-19

This is a legal lot of record, in an approved subdivision, meeting the dimensional requirements of the Town at the time of approval.

Map 41, Lot 34 – Ridge Road in Pine Springs – New Home #8-19

This is a legal lot of record, in an approved subdivision, meeting the dimensional requirements of the Town at the time of approval.

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The Planning Board meeting ended at 8:30 p.m.

Shapleigh Planning Board Minutes – April 9, 2019 Page 8 of 8

NOTE: The summer hours are in effect thru October 31st, the meetings now begin at 7:30 p.m. and any scheduled public hearing begins at 7:00 p.m.

The next meeting will be held Tuesday, April 23, 2019 at 7:30 p.m.

The Planning Board meets the 2nd and 4th Tuesday of each month unless it falls on a holiday or Election Day. 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, 207-636-2844, x404.

Respectfully submitted,

Barbara Felong, Land Use Secretary

planningboard@shapleigh.net