February 14, 2016  4:55 AM 
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February 02, 2016
December 09, 2015
December 01, 2015

SHAPLEIGH PLANNING BOARD

MINUTES

Tuesday, January 26, 2016

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

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

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The Public Hearing Began at 6:00 p.m.

Conditional Use Permit – Renewal of CUP for Gravel Extraction – Map 7, Lot(s) 7 (Cedar Drive & Square Pond Road) – Town of Shapleigh, Applicant

Road Commissioner Richard Goodwin and Selectman Michael Perro represented the Town. Selectmen William Mageary and Mark Cobb were also in attendance.

Roger A. opened the public hearing by asking Road Commissioner Goodwin and/or Selectman Perro to speak about the application.

Selectman Perro stated they were before the board to renew the application to continue to use the gravel pit on the property that the town purchased specifically for gravel extraction. He said to date everything has been going as planned with the gravel pit, it has been very beneficial to the town.

Roper A. asked if there were any questions regarding the application? Citizen(s) William and Sheila Hayes were in the audience. Mr. Hayes stated he was in full support of the use of the property and believed it was a great purchase for the town and that he was glad it was working out as well as it is. He said he recalled at the time of the original permit process, he was not sure if it was a State requirement or Town, but he believed there was criteria that they would keep a 100 foot buffer between Square Pond and the pit. He wanted to know if that was being maintained? He also inquired as to whether or not there was a reclamation requirement. He thought as it was developed they were going to turn pieces of it over to reclamation. He believed 15 acres was the amount of acreage to be developed and then the town would come back when that was exhausted and they would ask for more development. He wanted to know if some of that is going to be reclaimed or turned back into town forest. He also wanted to know what those requirements were in the original Conditional Use Permit.

Mr. Hayes said the only negative thing to date that he wanted to bring up, as a direct abutter to the property, he believed there is a noise ordinance in the town and that work that involves equipment is not supposed to start before a certain time, but there have been occasions where between 6:00 and 6:30 a.m. equipment is banging which wakes him up. He wanted to emphasize that there are people that live in the vicinity that are concerned and he is concerned. He said he wanted to be able to sleep.

Mr. Hayes wanted to know that the initial conditions of permit were and if they are being adhered to. Roger A. stated that after reviewing the original paperwork he did not see reference to a 15 acre piece. He said there is a 100 foot buffer noted in the paperwork and Roger asked RC Goodwin if the buffer was being maintained? RC Goodwin stated there is a buffer greater than 100 feet being maintained. Mrs. Hayes asked

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Shapleigh Planning Board Minutes – January 26, 2016 Page 2 of 8

if the buffer was only to the road? RC Goodwin and Roger stated the buffer was all the way around the property. RC Goodwin stated they had no plans to go closer than 100 feet to the property line. Roger added that they could not go closer than 100 feet to the property line. He said that is on file.

Roger A. stated there is a noise ordinance and asked RC Goodwin how early they start in the morning? RC Goodwin said there was a logging operation going on last year and they started earlier than 7:00 a.m. He said they (Road Commissioners) try not to make much noise early in the morning. (Note: The noise ordinance, §105-22, states in part that excessive noise at unreasonable hours shall be muffled between 10:00 p.m. and 7:00 a.m.)

Roger A. stated with respect to reclamation, the area will be reclaimed, not to sell the area, but to get the area back to what it looked like prior to extraction to prevent erosion. He said in this area there will probably be scrub pine and grasses. He said RC Goodwin stated at the last meeting they would be reclaiming the area that they were no longer using, they just didn’t have time to do so in 2015.

Mr. Hayes said he heard the eventual plan was to straighten Square Pond Road. RC Goodwin stated that Road Commissioner John Burnell had this plan for the future. Mr. Hayes thought the curve should remain as it kept people going slower. Selectman Perro stated there was no written plan to make this happen. He said there was discussion about it but there is a fair amount of opposition for the same reason Mr. Hayes spoke about, the curve slows people down. Mr. Hayes asked if the townspeople would have warning if this plan is being discussed? Selectman Perro said again there were no plans to straighten the road out at this time. RC Goodwin stated there had been discussion only. Selectman Perro said if this were to happen, it is not a small fix, so there would have to be a warrant article to be voted on at Town Meeting to be able to work on the road. He said there would be an open discussion about it.

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

The public hearing closed at 6:10 p.m.

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The planning board meeting started at 6:30 p.m.

The minutes from Wednesday, January 13, 2015 were accepted as read.

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Conditional Use Permit – Renewal of CUP for Gravel Extraction – Map 7, Lot(s) 7 (Cedar Drive & Square Pond Road) – Town of Shapleigh, Applicant

Road Commissioner Richard Goodwin and Selectman Michael Perro represented the Town.

Roger A. stated because the same people were at the regular meeting as at the public hearing they didn’t have to go over the same information a second time. Roger said there was a question to proximity to side lot lines so he read from the Ordinance, Chapter 105-61.B(13), ‘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 the abutter’s properties occurs’. Roger stated the town is staying 100 feet from the lot line.

Shapleigh Planning Board Minutes – January 26, 2016 Page 3 of 8

Roger A. then read Chapter 105-61.B(4), ‘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 stated this was left open realizing it was a large project and the town was continuously working on site, they didn’t want the area reclaimed then have to dig it up again, therefore, there was no date initially stated for reclamation. Roger said since the town is done in a certain area, the area will now be reclaimed. He asked if anyone wanted to discuss this? There were no comments.

Roger A. then read Chapter 105-61.B(15)(a), ‘All debris, stumps and similar material shall be removed for disposal in an approved location or shall be buried on site. Only materials generated on site may be buried or covered on site. (NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A. §1301, and the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection’s regulations, may contain other applicable provisions regarding disposal of such materials.)’ Roger believed during another review it was mentioned Jeff Simpson would come in and grind them up to be used for mulch, so there wouldn’t be stumps on site. RC Goodwin stated there were stumps on site at this time but there are none buried. Roger agreed they were not buried.

Roger A. then read Chapter 105-61.B(15)(b), ‘The final graded slope shall be 2 ½ to 1 slope or flatter’. Roger stated these conditions are the same as what were reviewed three years ago. Roger asked if there were any other questions?

Madge B. asked if it would be a good idea to put a date in for reclaiming some of the area because as they said, they just haven’t gotten around to it. She thought a date might give an incentive to get it done. She said the board could not tell the town what to do but she wanted to encourage them to do some reclamation. Roger A. stated the original intention was not to reclaim an area they would be reusing. Madge agreed but said there is an area they are no longer going to use. She said they stated it could be reclaimed. Roger said it will be done this year. Madge asked if there could be a condition that they reclaim it by the end of 2016?

Steve F. asked RC Goodwin how big the area was that they were finished with? RC Goodwin stated it was the area you could see from Square Pond Road. Steve asked if they could loam it and put in grass? Steve also asked if it is reclaimed will it have to be maintained, and what will it look like? RC Goodwin stated they were going to put in pine trees. Steve asked about mulch for erosion? RC Goodwin stated they could loam it and reseed it. He said they were thinking of getting the Boy Scouts to come in and plant some trees, but he wasn’t sure. He said it should go back to a forest at some point. Selectman Perro said he would like to see pine saplings go in, so it will return to the same condition of surrounding ground. Steve asked if it could be done by the end of October? RC Goodwin stated it should be done by then. Madge said she wasn’t sure what the acreage was but it would be nice to have it reclaimed. Selectman Perro wanted to remind the board there would be a road going in to the pit in that area to access the backside of the hill. Madge said she understood. Madge asked if it was going to be a couple of acres? RC Goodwin said it would be on the plus side of that. Madge thought the White Pine made sense to use. Selectman Perro agreed noting the town forest is all around that area.

Madge B. said it sounded like the town had the money to buy the seedlings based on the discussion at the last meeting. She thought it was more a case of having someone put them in. Selectman Perro said, yup, and it would be nice to have them in there. He said there are those who put seedlings in using a tractor. CEO McDonough stated he had heard of pine tree seeding. Selectman Perro noted that pine trees grow fast.

Ann H. asked if there was a specific time to put pine trees in? Roger A. thought it would have to be before the end of summer or early fall.

Roger A. stated the condition of approval would be:

Shapleigh Planning Board Minutes – January 26, 2016 Page 4 of 8

1) Reclamation of the area no longer being used, consisting of approximately 2 plus acres, will be completed no later than October 31, 2016.

Selectman Perro stated that if it is determined that the planting cannot be done until 2017, the ground will be stabilized. Madge said the board didn’t say it had to be replanted but the process of stopping erosion must be dealt with. Selectman Perro said there wasn’t much erosion on site. Madge agreed.

Madge B. made the motion to approve the Conditional Use Permit to extend the gravel extraction operation for another three years. Maggie M. 2nd the motion. All members were in favor. By a unanimous vote of 5 – 0 the motion to approve the Conditional Use Permit was accepted.

The permit for gravel extraction will have to be renewed by January 26, 2019.

Nothing further was discussed.

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The Findings of Facts

1. The owners of Shapleigh Tax Map 7, Lot 7, is the Town of Shapleigh, 22 Back Road, Shapleigh, Maine 04076.

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

3. The applicants are before the board to renew the mineral extraction permit for three years to excavate sand and gravel for the Town of Shapleigh. The original application was dated 12/5/2006 and approved on 1/23/2007. Subsequently, the permit was also renewed on 1/26/2010 and 1/8/2013.

4. A Notice of Intent to Comply – Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt (For Use with 38 MRSA Section 490-C) was applied for to the Maine Dept. of Environmental Protection, Division of Land Use Regulation. Approval was received on October 25, 2006, Permit Number L-636.

5. Originally provided was a copy of a document entitled Real Estate Inquiry, dated 7/27/2006, which listed the Town of Shapleigh as owner, as listed by deed reference, Book 14461, Page 121. The document also listed the number of acres, that being 67, and the location of the property being Cedar Drive. In addition, handwritten on the document was the following: Subject Parcel, Access Road – 2800 feet + or – length, 20 feet traveled portion, clearing 40 + 50 feet; Area to be Mined – whole parcel w/limitations of setbacks – minimal of 5 acres.

6. During the review process on December 12, 2006, Road Commissioner Richard Goodwin stated the gravel pit would be accessed from Square Pond Road; the Town wanted to be able to stockpile stumps on site, to be ground up at a later date and used for mulch; the gravel used would not be dug below the existing grade; all activity would take place more than 100 feet from the road and more than 100 feet from the adjacent property lines; a reclamation plan was not needed at the time of initial review because of the limited amount of gravel to be initially extracted, a reclamation plan would be presented and put into place when the exposed area is no longer going to be used.

7. On January 13, 2016, Road Commissioner Richard Goodwin and Selectman Michael Perro stated no changes were required from the original permit. The location will continue to be used for gravel extraction and on-site gravel storage, as well as a location to store tree stumps.

Shapleigh Planning Board Minutes – January 26, 2016 Page 5 of 8

8. On January 13, 2016, Road Commissioner Richard Goodwin stated reclamation of the area next to Square Pond Road, which is no longer being used, had not been done to date. The loam is on site but the Town ran out of time to do the reclamation in 2015.

9. A notice was mailed to all abutters within 500 feet of the property, on Wednesday, January 13, 2016 and a Public Hearing was held on Tuesday, January 26, 2016.

10. The Planning Board unanimously agreed to approve the Conditional Use Permit to renew the permit for mineral extraction, on Map 7, Lot 7, as originally permitted on January 23, 2007, with one condition.

11. The condition of the permit is:

1. Reclamation of the area no longer being used, consisting of approximately 2 plus acres, will be completed no later than October 31, 2016.

Motion:

After careful consideration and a review of all material presented to the Board, as well as Ordinance 105-61, ‘Mineral exploration and extraction, processing, and removal, including sand and gravel’, a motion was made on Tuesday, January 26, 2016, to approve the Conditional Use Permit to renew the permit for mineral extraction for three years from date of approval, on Map 7, Lot 7, per the information provided, with the above stated condition.

Vote:

By a unanimous vote of 5 – 0, the motion to approve the Conditional Use Permit for gravel extraction was accepted.

Decision:

The Conditional Use Permit for gravel extraction was approved. The permit is valid through

January 26, 2019.

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Best Possible Location – Replace Existing Structure with Expansion – Map 16, Lot 37 (32 Cattail Loop) – Raymond Pelletier, Applicant

Mr. Pelletier was present for the review of the application, along with Joe Stanley of LinePro Land Surveying, LLC.

On Wednesday, January 13, 2016, the Planning Board approved the Best Possible Location to replace the existing structure as follows:

The board unanimously agreed to approve the Best Possible Location to replace the existing structure on Map 16, Lot 37, leaving the structure the same distance from the high water mark and from Cattail Loop, moving it laterally such that the distance to Lot 38 will be 10 foot 6 inches to the overhang, per the plans provided and as amended during the meeting on January 13, 2016.

Shapleigh Planning Board Minutes – January 26, 2016 Page 6 of 8

This evening, Mr. Pelletier provided the board with a new boundary survey plan. Mr. Stanley stated they came this evening to request a slight revision to the approved plan. He said he had worked with Mr. Pelletier on the plan and then he reviewed the minutes to see where the building envelop was. He said when he plotted the new location of 10.5 feet from the side lot line, the two large hemlocks by that same lot line would be only 4 1/2 feet from the foundation. Mr. Pelletier stated he was concerned that when he did the overdig for the foundation he would kill the trees. Mr. Stanley said if they back the structure up another six to seven feet and move it off the property line another 2 feet, it will create additional clearance from the tree roots. He said otherwise the trees would probably need to be removed.

Mr. Pelletier stated he spoke with Barbara F. and CEO McDonough and they told him to come back before the board to amend the original plan. He also noted his wife didn’t want to lose the trees, as they are great for shade. Madge B. noted the board wants to save trees as well.

Mr. Stanley said after reading the previous discussions he updated the dimensions to include the overhangs. He said he showed the size of the existing structure moved back, and has the water setback, the side setback and the setback to the road. Roger A. asked if the red marked area on the plan is the same size as the existing structure? Mr. Stanley said, yes, it is no larger than the existing structure. (The red marked area is the proposed location of the new structure.) Roger said the board can only look at the size of the existing building. Mr. Pelletier said he understood.

Roger A. asked if they would clear the leachfield if it was moved to this location? Mr. Pelletier said, yes. He said he double checked with Mr. Stanley for this plan.

Steve F. said this plan is similar to what was approved the last time. Mr. Pelletier agreed, the structure just moved several feet.

Roger A. said he had no issue with this, Madge said she did not either. Roger asked if there was a motion to grant the revision?

Roland L. moved for approval of the amendment to the Best Possible Location to revise the plan dated 12/7/2015, drafted by Joseph Stanley, PLS #2453, to replace the existing structure per the plans provided this evening, dated January 26, 2016, placing the structure 12 foot, 5 inches from the overhang to the lot line of Lot 38, 56.3 feet from the high water mark, and 52.5 feet from the centerline of Cattail Loop, with the existing four conditions. Maggie M. 2nd the motion. By a unanimous vote of 4 – 0 the motion to approve the amendment to the Best Possible Location was accepted.

Diane S. abstained from voting as she was not in attendance for the last review of this application.

The conditions of approval are:

1) All areas disturbed and exposed due to construction and removal of walkways or retaining walls shall be covered with erosion control mulch prior to occupancy.

2) Best Management Practices shall be used and the work is to be done by a person certified by the DEP. The BMP shall be kept in place until all work is completed. The DEP license number shall be given to the Code Enforcement Officer prior to construction.

3) The existing structure shall be removed and taken out of Shapleigh.

4) The project will be completed and area revegetated / mulched by October 2016.

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Shapleigh Planning Board Minutes – January 26, 2016 Page 7 of 8

Findings of Facts

1. The Owners of Shapleigh Tax Map 16, Lot 37 (32 Cattail Loop) are Evelyn & Raymond Pelletier, Jr. of 293 Morrells Mill Road, North Berwick, Maine 03906.

2. The property is located in the Shoreland District and according to the Assessor’s Office contains .12 acres.

3. The application description of the project stated, ‘Demo existing building and replace by 30%, add foundation, rebuild cottage’.

4. The applicant provided a copy of Shapleigh Tax Map 16, denoting the location of Lot 37.

5. The applicant provided a Subsurface Wastewater Disposal System Application, dated May 18, 2004, done by Michael Cuomo, SE #211, for a replacement system accommodating a 2 bedroom home.

6. The applicant provided a copy of a Well Setback Release Form, dated 5/15/04, between Map 16, Lot 37 and Map 16, Lot 38, which stated the leach bed on Map 16, Lot 37 would be 77 feet from the well located on Map 16, Lot 38.

7. The applicant provided an amended Boundary Survey and Site Plan done by Joseph Stanley, PLS #2453, of LinePro Land Surveying, LLC, dated December 7, 2015, amended January 26, 2016. The plan stated the total lot coverage by structure is 793 sq. ft., the occupied lot area is 7,197 sq. ft., and that the current lot coverage by structure is 11%.

8. The amended Boundary Survey depicts all existing structures on site, which include a concrete patio, concrete walkway, existing camp, deck, shed and concrete walls. Also depicted on the plan are the existing trees, erosion control mulch, grass, and gravel parking area. Note: The fire pit is not on the revised plan. The existing camp is 52.9 feet from the high water mark, excluding the overhang or

concrete wall; 14.9’ from the lot line of Map 16, Lot 36, including overhang; 18’ from the lot line of Map 16, Lot 38, including overhang and 61.7 feet including the overhang, from the centerline of Cattail Loop.

9. The amended Boundary Survey, dated January 26, 2016, depicts the proposed structure location as 56.3’ from the high water mark, 12.5’ from Map 16, Lot 38, 52.5’ from the centerline of Cattail Loop.

10. Mr. Pelletier, at the meeting held on December, 22, 2015, on the Boundary Survey dated December 7, 2015, penned in adding shrubs to help mitigate erosion. The existing trees on site shall remain as depicted on the plan. Erosion mulch is also depicted on the plan and is in place at this time.

11. A notice was mailed to all abutters within 500 feet of the property, Wednesday, December 23, 2015, and a site inspection was conducted on an individual basis prior to the review on January 13, 2015.

12. The board unanimously agreed to approve the amendment to the Best Possible Location, to replace the existing structure per the plans provided this evening, dated January 26, 2016, to replace the existing structure on Map 16, Lot 37; placing the structure 56.3 feet from the high water mark, 52.5 feet from the centerline of Cattail Loop, moving it laterally such that the distance to Lot 38 will be 12 foot 5 inches to the overhang, per the plans provided.

Shapleigh Planning Board Minutes – January 26, 2016 Page 8 of 8

13. The conditions of the permit remain as follows:

1) All areas disturbed and exposed due to construction and removal of walkways or retaining walls shall be covered with erosion control mulch prior to occupancy.

2) Best Management Practices shall be used and the work is to be done by a person certified by the DEP. The BMP shall be kept in place until all work is completed. The DEP license number shall be given to the Code Enforcement Officer prior to construction.

3) The existing structure shall be removed and taken out of Shapleigh.

4) The project will be completed and area revegetated / mulched by October 2016.

Motion:

A motion was made on Tuesday, January 26, 2016 to approve the amendment to the Best Possible Location to replace the existing structure per the plans provided, drafted by Joseph Stanley, PLS #2453, dated 12/7/2015, revised January 26, 2016, placing the structure 12 foot 5 inches from the overhang to the lot line of Lot 38, 56.3 feet from the high water mark, and 52.5 feet from the centerline of Cattail Loop, with the above stated four conditions.

Vote:

By a unanimous vote of 4 – 0, the motion to approve the amendment to the Best Possible Location was accepted.

Decision:

The amendment to the Best Possible Location was approved.

Nothing further was discussed.

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Growth Permits

There are growth permits available.

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The Planning Board meeting ended at 7:15 p.m.

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The next meeting will be held Tuesday, February 9, 2016 at 6:30 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 6:00 p.m. prior to the scheduled meeting. Also, should there be a cancellation due to a storm event, holiday or Election, the meeting will be held the following Wednesday, also at 6:30 p.m.

Respectively submitted,

Barbara Felong

Land Use Secretary planningboard@shapleigh.net