September 03, 2015  6:48 AM 
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August 12, 2015
July 29, 2015
June 24, 2015

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, August 11 2015

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

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

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Public Hearing began at 7:05 p.m.

Conditional Use Permit – Convert Existing Garage into a Quilt Shop – Map 7, Lot 34C (52 Jones Road) – Donna & John Johnson Jr., Applicants

Mr. and Mrs. Johnson were present for the public hearing.

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

Board members had received along with the application, a business plan which stated, “We would like to open a Quilt Shop in our existing attached 22 x 24 garage. We will enclose garage door openings with a 3’ x 6’8” entry door and a 36” x 60” double hung window. We need no plumbing and are not adding a public restroom. May add a porta potty at a future date. The store hours will be 10 a.m. to 4 p.m., Tuesday thru Sunday and open on Mondays, 7 days a week the month of April. (Quilt Shop Hop.) The name of the business will be Primitive Quarters. If you have any questions you may call John or Donna.”

Also received was a sketch of the proposed change to the garage, and a site plan depicting the location of the existing home, attached garage, parking area, proposed garage to be built, sign location and distance of parking area to the road and distance of proposed garage to the property lines.

Roger A. began the public hearing by asking the applicants to state why they were before the board for the record. (There were no audience members in attendance.)

Mrs. Johnson stated that they were going to build a 20’ x 30’ garage for Mr. Johnson, for his belongings, then turn their existing attached garage into a Quilt Shop. Madge B. stated that the Planning Board would only be reviewing the Quilt Shop, the garage goes to the Code Enforcement Officer. Roger A. added that any modifications to turn the existing garage into the Quilt Shop would also be permitted by the CEO.

Roger A. stated the board would be looking at the parking area, hours of operation, if there will be any safety issues with respect to driveway line of site, etc. He said that would be the things the board would look at, including lighting to be sure there would be none that could blind someone going up the road.

Mrs. Johnson stated the hours of operation would be Tuesday thru Sunday from 10 to 4. Mr. Johnson stated they did not plan on putting lighting on the sign, so there would be no traffic issue. He said there would be a light on the garage, such as a mercury vapor or LED on the end so people could see, but mostly it would be for their own personal use. He said it would not be near the road.

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Shapleigh Planning Board Minutes – 8/11/2015 Page 2 of 5

Mr. Johnson said the parking area would be 25’ x 25’ in size. Mrs. Johnson said there was room for additional parking if more was needed. Mr. Johnson said there were at least two additional parking spaces in addition to the 25’ x 25’ foot area. He added that there would also be two areas to turn around, so no traffic would back out onto the road.

Madge B. said the board always asked about the hours of operation and they let the applicants know that if they plan to have them longer in the future, they would have to come back in, so it would be a good idea to expand them now, if they feel they would want longer hours in the future. She encouraged the applicants to think if there would ever be a chance they might want to be open more days per week or for more than six hours a day, she recommended they tell the board now. Mrs. Johnson stated they could list it as being open 7 days a week from 9:00 a.m. to 5:00 p.m. She said there was also a possibility for evening classes. Madge said if she didn’t want to come back when she started classes to add that now. Mrs. Johnson decided to state 9:00 a.m. to 8:00 p.m. Maggie M. stated that they would not ‘have to be open’ for those hours but now it would be an option. Mr. and Mrs. Johnson agreed this would be a good idea, and Mrs. Johnson concluded they would ask for 7 days a week from 9:00 a.m. to 8:00 p.m.

Roger A. agreed with Madge B. and stated that any change to a Conditional Use Permit would require an amendment. Roger said even for a change in hours, an amendment would be required which would include another public hearing. He agreed it was best to get it approved now for anything they might want to do.

Madge B. asked how many parking spaces there were? Mr. Johnson stated there were a total of four, two below and two above. Madge stated with the option of having classes they would need to think about having enough parking. Diane S. calculated the square footage of the attached garage, which was 520 sq. ft. She stated this would require 3 spaces per the ordinance, as you need one space for each 150 sq. ft. Mrs. Johnson stated they could add additional parking now on the plan, as there was room. She asked what the distance or size of a parking space was? Diane stated they needed 200 sq. ft. for each parking space and told them the figure she came up with is based on the square foot calculation of the garage. CEO McDonough stated the size of a parking space is usually 10’ x 20’. Diane asked if there would be any employees? Mrs. Johnson stated, no.

Mr. Johnson asked how many spaces they needed? Diane S. stated they needed a total of four. 3 for the square foot calculation and one for Mrs. Johnson. Mrs. Johnson asked what the size of the area should be, currently they had 25’ x 20’ on the plan. Roger A. stated they would need 30’ x 20’ to accommodate 3 spaces above and there were two spaces already in the lower parking area, for a total of five spaces. Diane S. had them change their original parking plan to show the additional parking space.

Roland L. asked if there would be material, threads, patterns, sewing machines, quilting machines? Mrs. Johnson stated she had a sewing machine and quilting machine. Roland asked if she would be selling machines? Mrs. Johnson stated, no. Mrs. Johnson stated she would be selling sewing notions, needles, thread, rulers, cutters, magazines, patterns, and quilt books.

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

The public hearing closed at 7:17 p.m.

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

The minutes from Tuesday, July 28, 2015 were accepted as read.

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Roger A. began by stating that the reason they are before the board is because a business requires a Conditional Use Permit. He stated the lot is large enough to have both a residence and a business use, the lot being over 5 acres in size with 600 feet of road frontage.

Roger A. began review of the pertinent ordinances.

105-21 – Traffic. Roger A. stated access to the site was safe and in existence at this time. The speed limit is 35 mph since the road is not posted and this requires a minimum site distance of 245 feet, recommended distance is 350 feet. Roger stated when in the driveway, facing Route 11, the site distance is greater than 350 feet. He stated that in the other direction it exceeds 245 feet.

105-22 – Noise. There will be no noise generated from the activity.

105-23 – Dust, fumes, vapors and gases. There is no dust, fumes, vapors or gases, generated by this activity.

105-24 – Odors. There will be no obnoxious odors generated.

105-25 – Glare. There shall be no additional lighting added to the existing structure, or on the sign.

105-26 – Stormwater runoff. There is no exterior change to the existing structure, therefore, there will be no impact from stormwater runoff.

105-27 – Erosion control. There is no exterior change to the existing structure, therefore, there will be no issues with erosion.

105-28 – Setbacks and screening. No additional screening will be needed with the proposed addition. The home / attached garage is in existence now and there is existing vegetation on site.

105-29 – Explosive materials. There shall be no explosive material stored in the addition.

105-30 – Water quality. There is no waste stored outside or hazardous material associated with this business.

105-31 – Preservation of landscape; landscaping of parking and storage areas. The existing landscaping shall remain in place. Minimal changes to the existing parking are being made.

105-32 - Relation of proposed building to the environment. The existing building fits in well with other homes in Shapleigh.

105-33 – Refuse disposal. Refuse will be minimal and disposed of by the applicant to the transfer station.

105-40 – Home OccupationRoger read this section in its entirety. Roger stated it met all the criteria of a home occupation.

105-43 – Off-street parking and loading. There shall be adequate parking for this business based on the square footage of the business and number of employees. There is a total of four spaces required, five shall be on site. There is existing landscaping on site.

105-46 – Sanitary provisions. There is an existing State approved septic system on site for the home/business.

105-47 – Signs and billboards. Roger noted the signage is taken care of by the Code Enforcement officer.

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

Roger A. reviewed Shapleigh Zoning Ordinance 105-73.G “Standards applicable to conditional uses”.

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1) The use will not have an adverse impact on spawning grounds, fish, aquatic life, birds or other wildlife habitat. Roger stated, it will not.

2) The use will conserve shore cover and visual, as well as actual, access to water bodies. N/A

3) The use is consistent with the Comprehensive Plan. Roger stated it is, the Comprehensive Plan encourages home based businesses.

4) Traffic access to the site is safe. Roger stated it is, and the entrance for the existing home has been in existence for years and meets site distances in both directions.

5) The site design is in conformance with all municipal flood hazard protection regulations. Roger stated it is. The business is not in a flood zone.

6) Adequate provision for the disposal of all wastewater and solid waste has been made. There is a State approved system in existence.

7) Adequate provision for the transportation, storage and disposal of any hazardous materials has been made. N/A – None generated.

8) A stormwater drainage system capable of handling twenty-five-year storm without adverse impact on adjacent properties has been designed. The home is in existence and no changes are being made to the exterior, therefore, no adverse impact shall be made by this business.

9) Adequate provisions to control soil erosion and sedimentation have been made. The home is in existence and no changes are being made to the exterior, therefore, no erosion issues shall occur due to the business.

10) There is adequate water supply to meet the demands of the proposed use and for fire protection purposes. Roger stated there is, a water holding tank is located on State Route 11.

11) The provisions for buffer strips and on-site landscaping provide adequate protection to neighboring properties from detrimental features of the development, such as noise, glare, fumes, dust, odors and the like. There are no changes being made to the surrounding area. There is no additional lighting being added to the existing garage.

12) All performance standards in this chapter applicable to the proposed use will be met. They shall.

Roger A. stated the condition of the permit would be:

1. The hours of operation shall be 9:00 a.m. thru 8:00 p.m., 7 days a week.

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

Madge B. made the motion to approve the Conditional Use Permit to open a Quilt Shop in the existing attached garage on Map 7, Lot 34C with the above stated condition. Diane S. 2nd the motion. All members were in favor. Motion passed unanimously, 5 – 0.

Findings of Facts

1. The Owner of Shapleigh Tax Map 7, Lot 34C are Donna and John Johnson, Jr., of 52 Jones Road, Shapleigh, Maine 04076

2. The property is located in the General Purpose District and according to the Assessor’s Office contains 5.13 Acres.

3. The applicant provided a business plan which stated, “We would like to open a Quilt Shop in our existing attached 22 x 24 garage. We will enclosed garage door openings with a 3’ x 6’8” entry door and a 36” x 60” double hung window. We need no plumbing and are not adding a public restroom. May add a porta potty at a future date. The store hours will be 10 a.m. to 4 p.m., Tuesday thru Sunday and open on

Shapleigh Planning Board Minutes – 8/11/2015 Page 5 of 5

Mondays, 7 days a week the month of April. (Quilt Shop Hop.) The name of the business will be Primitive Quarters. If you have any questions you may call John or Donna.”

4. The applicant provided a sketch of the proposed change to the garage, and a site plan depicting the location of the existing home, attached garage, parking area, proposed garage to be built, sign location and distance of parking area to the road and distance of proposed garage to the property lines.

5. A notice was mailed to all abutters within 500 feet of the property, Wednesday, July 29, 2015.

6. A site inspection was conducted on Tuesday, August 11, 2015, prior to the planning board meeting and a Public Hearing was held on that same evening.

7. The Planning Board unanimously agreed to approve the Conditional Use Permit to open a Quilt Shop in the existing garage on Map 7, Lot 34C per the plans provided and as discussed at the board meeting on August 11, 2015, with one condition.

8. The condition of the permit is:

1. The hours of operation shall be 9:00 a.m. thru 8:00 p.m., 7 days a week.

Nothing further was discussed.

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Growth Permits

Map 28, Lot 28 (16 17th Street) – Seasonal Conversion – GP #11-15

This was a best possible location approved earlier this year, there is a new septic design on file with the Code Enforcement Office.

Map 12, Lot 9 (Gray Road) – New Home – GP #12-15

This is a conforming lot of record with adequate road frontage and a recorded deed was presented.

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The Planning Board meeting ended at 7:45 p.m.

The next meeting will be held Tuesday, August 25th 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.

Respectively submitted,

Barbara Felong

Land Use Secretary

planningboard@shapleigh.net