September 25, 2016  8:11 PM 
September 21, 2016
Other Notices
August 24, 2016
July 12, 2016
May 25, 2016

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday,
August 23, 2016

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

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The following words are not verbatim unless accompanied by quotation marks “ ”

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

The minutes from Tuesday, August 9, 2016 were accepted as read.

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Best Possible Location – Repair Existing Foundation – Map 12, Lot 1 (282 Mann Road) – Joan Hill, Applicant

Ms. Joan Hill was present, along with her brother, Mr. Trafton, her sister Martha and her husband, Bill.

A site inspection was done by board members prior to this evenings meeting.

During the first review on Tuesday, August 9, 2016, Ms. Hill stated that family members inherited her father’s property on the river and they discovered the foundation under the original part of the building, built around 1953, was starting to bow in, therefore, they wanted to repair this part of the foundation, along with two other walls that were also made of block. Board members received a site plan which depicted the existing structure, when each section of the structure was built and showing what portion of the foundation they wanted to repair. They also received a copy of the estimated cost to repair the foundation from Tom’s Masonry Service, along with a description of how the wall will be repaired; site photo’s showing the existing structure from various angles and noting the walls to be repaired; site photo’s and Shapleigh Tax Map 12, noting the location of the property and where it sits on the lot in relation to the Mann Road and Little Ossipee River.

Board members were told that the only section being repaired is the original section. The project proposal was to take the block out from inside of the basement, support the post-n-beam structure during the project and remove the block from the inside. Then the contractor will excavate dirt from the inside, and reconstruct with cement block, also adding a footing in that location. The board was told that just enough dirt would be removed to be able to do the work and add the footing; equipment cannot be used due to the stone wall along the driveway, so the work will be done by hand.

Roger A. began by reviewing Zoning Ordinance §105-4.D(3) ‘Foundations’, which read: ‘Whenever a new, enlarged, or replacement foundation is constructed under a non-conforming structure, the structure and the new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Subsection D(7), Relocation, below.’ Roger A. stated that the board was not looking at moving the full camp but only doing a repair to part of the foundation of the existing structure. Roger stated that if the board agreed, he would not be reviewing ‘relocation’. No members had issue with this.

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Shapleigh Planning Board Minutes – 8/23/2016 Page 2 of 10

Roger A. stated that the applicants would be removing much of the material from inside the camp and most of the work would be done from the inside. Roger said that he had asked where the blocks or material would be going, because it cannot be taken to the transfer station. He said that because a permit to do the work would need to be gotten from CEO McDonough, the applicants can tell him where the material will be taken.

Roger A. stated that after the site visit review, he believed a French drain would be much more beneficial than a gutter system. Roger said since the contractor will have the area open during the project, he could place stone in such a way to lead stormwater away from the area. Roger thought that would prevent the foundation from failing in the future. The applicants did not have an issue with this idea.

Roger A. asked if there were any other comments or questions? Steve F. asked if the applicant decided to go with the French drain, would they have to modify the existing plan? Roger said the request would be in the minutes and it will also be noted as a condition in the approval letter, so he didn’t believe it had to be placed on the plan.

Roger A. stated that the contractor will have to be DEP approved in soil erosion practices. If he is not, he will have to have someone on site that is licensed in this area. The applicants noted that silt fencing was mentioned by the contractor, but they would find out if he is DEP certified. Roger said again, if he was not licensed, he would need someone there who is. There is a list of certified contractors on the DEP website.

Steve F. asked if the contractor was going to do the tractor work? Steve noted it stated tractor work would be done. The applicants said the contractor did not feel he would have to use a tractor, but if it is an issue, they will be certain he is certified.

Roger A. stated that he did not believe there would be an erosion issue when the foundation wall is removed because there is another wall adjacent to this wall. He said the only issue would be the placement of material. Steve F. noted that all the work is going to be done from the inside of the basement.

Roger A. asked what the time frame for completion would be? The applicants stated they wanted it completed before winter. They are ready, it’s up to the contractor. Roger asked if 10/1/2016 would work? The applicant’s preferred the 30th of November. They also asked if it could not be completed this year, if they had to come back to the board to let them know? Roger said yes, and thought if they can’t complete it this fall they probably would want to wait until spring. The applicants agreed.

Roger A. asked if there were any further questions or if they had anything to add. Ms. Hill gave the board a copy of a Subsurface Wastewater Disposal System Application they had done by Kenneth Gardner, SE #73, dated 8/18/16, for the board’s record. The system is designed for a 2 bedroom dwelling.

Roger A. stated the four conditions of approval would be:

1) 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.

2) There shall be a French drain placed alongside the foundation for stormwater removal.

3) The Code Enforcement Officer shall be notified as to where the materials being removed will be taken. None shall be taken to the Shapleigh Transfer Station.

4) The project is to be completed, including revegetation, by November 30, 2016. If this date cannot be met, the board shall be notified of a new date of completion.

Shapleigh Planning Board Minutes – 8/23/2016 Page 3 of 10

Steve F. made the motion to approve the Best Possible Location to repair the existing foundation on Map 12, Lot 1 (282 Mann Road) per the plan with four conditions. Ann H. 2nd the motion. All members were in favor. The motion passed unanimously, by a vote of 4-0.

Nothing further was discussed.

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The Findings of Facts

1. The owners of Shapleigh Tax Map 12, Lot 1 (282 Mann Road), are Trafton Living Trust, Joan T. Hill – Trustee, P.O. Box 1111, Grantham, NH 03753.

2. The property is located in the Resource Protection District and according to the assessing file, it contains 67 acres.

3. The applicant, Joan Hill, is before the board for a Best Possible Location to repair a portion of the existing foundation in the Resource Protection District.

4. Received was a site plan which depicted the existing structure, when each section of the structure was built and depicting what portion of the foundation would be repaired. Also received was a copy of the estimated cost to repair the foundation from Tom’s Masonry Service, along with a description of how the wall will be repaired; site photo’s showing the existing structure from various angles and noting the walls to be repaired; site photo’s and Shapleigh Tax Map 12, noting the location of the property and where it sits on the lot in relation to the Mann Road and Little Ossipee River.

5. Board members were told that the only section being repaired is the original section. The project proposal was to take the block out from inside of the basement, support the post-n-beam structure during the project and remove the block from the inside. Then the contractor will excavate dirt from the inside, and reconstruct with cement block, also adding a footing in that location. Just enough dirt will be removed to be able to work from under the structure and add the footing. It was noted equipment could not be used, due to the stone wall along the driveway, so it will be done by hand.

6. The applicants provided a copy of the Subsurface Wastewater Disposal System Application, dated August 8, 2016, drafted by Kenneth Gardner, SE #73, for the existing system for a 2 bedroom structure.

7. The board reviewed Zoning Ordinance §105-4.D(3) ‘Foundations’, and concluded leaving the structure in the existing location was the best possible location, as there would be minimal disturbance to the area in doing so.

8. A site inspection was held on Tuesday, August 23, 2016 and a notice was mailed to all abutters within 500 feet of the property on August 10, 2016. Meetings were held on August 9, 2016, and August 23, 2016.

9. The Planning Board unanimously agreed to approve the Best Possible Location to repair the existing foundation on Shapleigh Tax Map 12, Lot 1, per the plans provided, with four conditions.

10. The conditions of permit are:

1) 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.

Shapleigh Planning Board Minutes – 8/23/2016 Page 4 of 10

2) There shall be a French drain placed alongside the foundation for stormwater removal.

3) The Code Enforcement Officer shall be notified as to where the materials being removed will be taken. None shall be taken to the Shapleigh Transfer Station.

4) The project is to be completed, including revegetation, by November 30, 2016. If this date cannot be met, the board shall be notified of a new date of completion.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of Zoning Ordinance §105-4.D(3) ‘Foundations’ of a non-conforming structure, a motion was made on Tuesday, August 23, 2016, to approve the Best Possible Location to repair the existing foundation on Map 12, Lot 1 (282 Mann Road) per the plan with four conditions.

Vote:

By a unanimous vote of 4 – 0, the motion to approve the repair of the existing foundation on Map 12, Lot 1 (282 Mann Road) per the plan with four conditions was accepted.

Decision:

The Best Possible Location to repair the existing foundation on Map 12, Lot 1 (282 Mann Road) per the plan with four conditions was approved.

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Conditional Use Permit – Pave Driveway / Moving Material in Excess of 10 yards in Shoreland District Map 27, Lot 2 (200 16th Street Loop) – Leonard Spallone

Mr. Spallone was present for the review of his application, along with Chris Baldwin, an engineer who works with York County Soils and Water Conservation District.

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

The applicant had presented board members previously, with a site plan which depicted the location of the existing house and garage, and the proposed improvement plan. The plan was drafted by Chris Baldwin on June 1, 2016. The plan gives details of all the ways the applicant would be mitigating the stormwater runoff, including porous pavers, asphalt, ditch turnout area and channel, and showing the location of the existing wooded buffer.

Roger A. asked if there would be any changes from what has been presented? Mr. Spallone stated they would be swapping out the pavers for egg crates, which are made of a high density polyethylene. Steve F. asked why they were switching from pavers? Mr. Baldwin stated, “Just to get the water down to the ground, because there is a lot of water coming off the paved surface.” He wanted the water that comes off the pavement, going down toward the reservoir area, so he wanted to use something more porous.

Roger A. began reviewing §105-39, ‘Earth removal and filling other than mineral exploration and extraction’, Section D, ‘Earthmoving in the Shoreland District. He then reviews Section G ‘Conditions of permit’ and made findings as follows:

G. Conditions of permit. The Planning Board may issue a permit, provided that the following conditions shall be met:

Shapleigh Planning Board Minutes – 8/23/2016 Page 5 of 10

(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. stated this is a driveway and there is little disturbance to the surrounding area.

(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.

Existing ground cover is not going to be disturbed.

(3) Diversions, silting basins, terraces and other methods to trap sediment shall be used.

A plan was created to address the existing sediment issues on site.

(4) Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources or Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.

Roger A. stated there is no lagooning to be done.

(5) The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

Roger A. stated a plan had been presented, which included the materials to be used.

(6) Fill shall not restrict a floodway, channel or natural drainageway.

Roger A. stated the plan was devised to keep stormwater on site as much as possible.

(7) The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

Roger A. stated the plan was devised to the existing standards.

(8) Where activities carried out under this article require the removal of existing ground cover, revegetation should be carried out.

Roger A. stated there isn’t any ground cover being removed.

(9) (Reserved)

(10) Specific plans are established to avoid hazards from excessive slopes or standing water. Where embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal.

Roger A. stated the plan helps to mitigate the established slopes that are existing and collect stormwater into the drywell.

(11) No excavation shall be extended below the grade of an adjacent street, except for drainageways, unless 100 feet from the street line. No excavation below the grade of the surrounding land shall be allowed within 100 feet of any side or rear lot line. However, removal of earth material deposits from hills or knolls may be allowed within 50 feet of a side or rear lot line if no excavation below the grade of abutter’s properties occurs.

Roger A. stated this does not pertain to this project.

(12) Sufficient topsoil or loam shall be retained to cover all areas, so that they may be seeded and restored to natural conditions.

Roger A. stated there was only one area that will need to be re-established next to the existing structure and this will be done per the plan.

(13) No existing rock, gravel or sandpit will be extended or expanded until the operator has complied with the provisions of this chapter and obtained a permit therefore.

Roger A. stated this was not applicable.

Shapleigh Planning Board Minutes – 8/23/2016 Page 6 of 10

H. Optional conditions of permit. The Planning Board may impose other reasonable conditions to safeguard the neighborhood and the municipality, which may include those relating to:

(1) Methods of removal or processing.

Roger A. stated there would be no processing of gravel on site.

(2) Days and hours of operation.

Roger A. the project will be completed in the shortest amount of time possible. Roger asked Mr. Spallone if the project could be completed by November. Mr. Spallone stated he wanted it done as soon as possible.

(3) Type and location of temporary structures.

N/A

(4) Routes for transporting material.

N/A

(5) Area and depth of excavations.

Roger A. stated the only excavation might be for the dry well if necessary.

(6) Provision of temporary or permanent drainage.

Roger A. stated there is a drainage plan provided.

(7) Disposition of stumps, brush and boulders.

N/A

(8) Cleaning, repair and/or resurfacing of streets used in removal activity which has been adversely affected by said activity.

Roger A. stated this would not be necessary for the work being done.

(9) The need for written approval of soil and erosion and sedimentation plan by a State of Maine licensed civil engineer selected by the applicant for the Planning Board.

Roger A. stated there is a plan designed by a licensed engineer.

Roger A. asked if there were any questions? Steve F. asked if the grade was going to have to come up at end of the driveway toward the lake? Mr. Baldwin stated it would come up a little bit but they were also going to have to cut the inside edge, so there would be a cut and fill to tip it. Steve asked how the slope on the lake side would be stabilized? Mr. Baldwin said there would be a mulch erosion control mix.

Roger A. asked CEO McDonough if he had issues with using the egg crate structures instead of pavers? CEO McDonough stated he had no issues with either; he wanted to be sure that no portion of this driveway would ever be used as a patio. CEO McDonough stated that a patio is considered a structure and no new structure can be within 100 feet of the water. He didn’t want someone down the road saying any part of the driveway was considered a patio. He stated that the only reason a driveway is not considered a structure is because it can never meet the setback to the road, therefore, would not be allowed. He also noted people don’t usually have a driveway all the way to the water. He reiterated that he didn’t want the lower end of the driveway to be considered a patio at any time, now or in the future.

Roger A. stated the conditions of approval would be:

1) The execution of the existing driveway plan shall be modified to use egg crate structures in place of pavers, where pavers are indicated on the plan.

Shapleigh Planning Board Minutes – 8/23/2016 Page 7 of 10

2) No portion of the existing driveway shall be used or construed as a patio area, now or in the future.

3) 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.

4) The project is to be completed by October 31, 2016. If this date cannot be met the board shall be notified of a new date of completion.

5) The drywell may be replaced if necessary to the size required. The plans must be shown to the Code Enforcement Officer for his approval prior to replacement.

Condition five is a result of Steve F. requesting it be placed as a condition, because if they discover the drywell needs to be replaced, he didn’t want the applicant to have to stop the project and come back before the board for approval. All members agreed with this condition.

Roger A. asked if there were any additional items to be discussed? There were none.

Maggie M. made the motion to approve the Conditional Use Permit for moving material in excess of 10 cubic yards in the Shoreland District in order to repair the existing driveway to mitigate stormwater runoff on Map 27, Lot 2 (200 16th Street) per the plan with five conditions. Steve F. 2nd the motion. All members were in favor. The motion passed unanimously, by a vote of 4-0.

Nothing further was discussed.

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The Findings of Facts

1. The owners of Shapleigh Tax Map 27, Lot 2 (200 16th Street Loop), are Leonard and Donna Spallone, of 3 Seal Harbor Road, Unit 736, Winthrop, MA 02152.

2. The property is located in the Shoreland District and according to the assessing file, it contains 1.24 acres.

3. The applicant, Leonard Spallone, is before the board for a Conditional Use Permit to repair the existing driveway in the Shoreland District.

4. Received was a site plan which depicted the location of the existing house and garage, and the proposed driveway improvement plan. The plan was drafted by Engineer Chris Baldwin on June 1, 2016. The plan gives details of all the ways they would be mitigating the stormwater runoff, including porous pavers, asphalt, ditch turnout area and channel, and showing the location of the existing wooded buffer. The plan was modified at the planning board’s request from using pavers to egg crate structures.

5. The board reviewed Zoning Ordinance §105-39 ‘Earth removal and filling other than mineral exploration and extraction’, Sections D and G, concluding the plan as presented with the conditions imposed, will meet the criteria of the ordinance.

7. A site inspection was held on Tuesday, August 23, 2016 and a notice was mailed to all abutters within 500 feet of the property on August 10, 2016. Meetings were held on August 9, 2016, and August 23, 2016.

Shapleigh Planning Board Minutes – 8/23/2016 Page 8 of 10

8. The Planning Board unanimously agreed to approve the Conditional Use Permit to repair the existing driveway on Shapleigh Tax Map 27, Lot 2, per the plans provided, and with five conditions.

9. The conditions of permit are:

1) The execution of the existing driveway plan shall be modified to use egg crate structures in place of pavers, where pavers are indicated on the plan.

2) No portion of the existing driveway shall be used or construed as a patio area, now or in the future.

3) 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.

4) The project is to be completed by October 31, 2016. If this date cannot be met the board shall be notified of a new date of completion.

5) The drywell may be replaced if necessary to the size required. The plans must be shown to the Code Enforcement Officer for his approval prior to replacement.

Motion:

After careful consideration and a review of all material presented to the Board, including the review of Zoning Ordinance §105-39, ‘Earth removal and filling other than mineral exploration and extraction’, a motion was made on Tuesday, August 23, 2016, to approve the Conditional Use Permit to repair the existing driveway on Map 27, Lot 2 (200 16th Street Loop) per the plan with five conditions.

Vote:

By a unanimous vote of 4 – 0, the motion to approve the Conditional Use Permit to repair the existing driveway on Map 27, Lot 2 (200 16th Street Loop) per the plan with five conditions was accepted.

Decision:

The Conditional Use Permit to repair the existing driveway on Map 27, Lot 2 (200 16th Street Loop) per the plan with five conditions was approved.

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Conditional Use Permit – Earth Moving in Excess of 150 Cubic Yards to Level the Lot – Map 7, Lot 3-2 (926 Shapleigh Corner Road) – James Correggio, Applicant

Mr. Correggio was present for the review of his application.

Members received, along with the application, a plan depicting the existing structures, 50 foot right-of-way, parking area, gravel driveway and notations depicting the area in which the fill will be moved from and then placed. The plan also denotes the lot lines locations and the distance from the earth moving to the existing lot lines.

Roger A. asked Mr. Correggio what he intended to do? Mr. Correggio stated he wanted to level his lot. Currently there is a hill that the 4 wheelers use to jump over and he wants to remove it, so he will be able to see them, to stop what is taking place. Also, his hope is the Sheriff will be able to see them from the road and help to put a stop to them trespassing.

Shapleigh Planning Board Minutes – 8/23/2016 Page 9 of 10

Roger A. asked if he was just relocating soil that is on site? Mr. Correggio said yes, he was just moving it approximately 35 to 50 feet. He said he did want to bring in loam when he was finished to be able to grow some grass. He said that was the only earth coming in.

Roger A. stated a public hearing will be held because this is a business location, prior to the next meeting on Tuesday, September 13th at 7:00 p.m. A notice to abutters will be mailed as well and a site inspection will take place at 6:30 p.m.

Nothing further was discussed.

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Other:

Roger A. stated he had a telephone conversation regarding a major subdivision that was before the Planning Board at least 20 years ago. He said it was approved at the time but the board never got a final plan, so a plan was never signed. There was also supposed to be a bond presented for the road and a method to do a fire pond, and this never took place.

Roger A. said a lawyer called wanting to know where the subdivision stood because the two people originally involved were in litigation over this. The lawyer wanted to know what the board needed if it were to come back before the board? Roger said he told him that because it had been so long, the applicants would have to start over. The attorney also wanted to know if they could use some of the original materials presented to the board. Roger told them they could present the material and the board would review it and it would either be accepted or not, based on what is in today’s subdivision ordinance.

Roger A. said he told the attorney they would have to come back to proceed with the 7 lot division. He wanted the board to know about the conversation. CEO McDonough stated they had contacted him first and he referred them to Roger who was more aware of what took place and he wasn’t sure if there was anything in the ordinance that stated the approval expired in a certain amount of time. Roger stated that under §89-20, Section B it notes that a plan must be recorded within 90 days at the York County Registry of Deeds or it will become null and void. Also, when the board makes findings and the applicant does not comply, the plan is considered null and void. In this case the plan was never signed, a bond for the road was never received or a plan for the fire pond. In addition, substantial construction must commence within five years of the date of approval, this never took place in this case either.

Steve F. said it didn’t sound like they ever completely got thru the approval process so none of these apply. CEO McDonough agreed. Maggie M. asked if this was just tabled for a lifetime? Ann H. said they never followed thru with the conditions, so it was never approved.

Roger A. said the bottom line was they would have to come back before the planning board before going forward. This project was at least 20 years old, so he had no issue with telling them they had to come back.

Nothing further was discussed.

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Shapleigh Planning Board Minutes – 8/23/2016 Page 10 of 10

Growth Permits

There are growth permits available.

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The Planning Board meeting ended at 8:10 p.m.

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The next meeting will be held Tuesday, September 13th, 2016 at 7:30 p.m. The Planning Board meets the 2nd and 4th Tuesday of each month unless it falls on a holiday or Election Day. Any scheduled public hearing takes place at 7:00 p.m. prior to the scheduled meeting. Also, should there be a cancellation due to a storm event, holiday or Election, the meeting will typically be held the following Wednesday, also at 7:30 p.m. Please contact the Land Use Secretary if there is a question in scheduling, 207-636-2844, x404.

Respectively submitted,

Barbara Felong,

Land Use Secretary planningboard@shapleigh.net