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August 29, 2014
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August 29, 2014
August 29, 2014
August 29, 2014



Tuesday, August 12, 2014

Members in attendance: Vice Chair Maggie Moody, Madge Baker, Roland Legere, Diane Srebnick, as well as Barbara Felong, Land Use Secretary. Code Enforcement Officer Steven McDonough was also in attendance. Chairman Roger Allaire and Alternate Stephen Foglio were unable to attend.

Note: The minutes are not verbatim unless in quotes.


Planning board meeting began at 7:30 p.m.

The minutes from Tuesday, July 22, 2014, were accepted as read.

Maggie Moody was acting Chairman this evening due to Roger Allaire’s absence.


Conditional Use Permit – Open Business Called Soup Shack – Map 1, Lot 41 (184 Emery Mills Road) – Justin Lowell, Applicant; Richard Gallant, Property Owner

Mr. Lowell was present for the review of the application.

Mr. Lowell’s application stated that he wanted to open a very small soup shack serving hardy soups and fare to patrons from approximately 9:00 a.m. to 2:00 a.m., 7 days a week. Mr. Lowell provided a sketch plan of the existing 20’ x 20’ building, parking area on both sides of the building, an area labeled ‘turn around’ and an area containing signage for ‘Earth Works Landscaping’. Also provided was the subsurface Wastewater Disposal System Application dated 6/10/1993, done by Kenneth Gardner, SE #73 and a letter from Richard and Virginia Gallant, property owners, giving Mr. Lowell permission to operate his business out of the existing building located on 184 Emery Mills Road.

Maggie M. asked Mr. Lowell to tell the board why he was before the board. Mr. Lowell stated he wanted to open up a small soup shack where he could cook some down home food and keep everyone that is cold warm. He said, “Items such as pot roast, braised veal shanks, spaghetti and meatballs, food like that.” He said soup would be the backbone of the restaurant, such as chicken, beef, and some fish; and it would be himself, his wife and his daughters working.

Maggie M. asked if it would be take-out only? Mr. Lowell stated no, he planned on having a bench with five or six seats inside the building. He said during the warmer months he was considering putting one or two picnic tables outside. CEO McDonough stated the only issue he could think of was having enough parking. He stated the Ordinance requires so many parking spaces for the amount of seating, so the number of seats would dictate the amount of parking required. Diane S. noted that he would also need a parking space for employees.

Roland L. asked what the hours and days of operation would be? Mr. Lowell stated to begin he would be opened five days a weeks, primarily weekdays, Monday thru Friday. He stated if his stepdaughter came on board, she might run the business other days. Barbara F. told Mr. Lowell whatever the most hours might be, that he plans to be open, he should ask for that now so he would not have to come back before the board to amend his hours. Mr. Lowell stated that he wrote on the application 7 days a week.

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Roland L. asked how many hours a day he would be open? Mr. Lowell stating that to begin with he believed 11:00 a.m. to 7:00 p.m. would be a good place to start. He thought during the colder months he might stay open later to catch the plow trucks. He noted he would be serving coffee and soda as well.

CEO McDonough, reviewing §105-43 ‘Off-street parking and loading.’, stated he would need one parking space for every three seats, and one space for each person employed or anticipated to be employed. Diane S. noted one space would be required for every 150 square feet of floor area. CEO McDonough thought with a restaurant you would review the seating vs. square footage but it was up to the Planning Board to make the decision. He thought square footage was for retail sales, office or professional buildings. Madge B. agreed it should go by the number of seats.

Mr. Lowell stated he would be having two, perhaps three at the most with respect to picnic tables placed outside. He said there wasn’t much room outside to use and that he was going to focus more on the take-out business.

CEO McDonough asked if a Public Hearing would be held and all this information would be addressed again? The board members said, yes. CEO Mcdonough told Mr. Lowell that the board would want to know exactly how many seats he would have, how many picnic tables, how many parking spaces are on site and this needs to be on paper. Mr. Lowell stated he would definitely not have any more than six seats inside due to the size of the building. Maggie M. noted the plan presented showed 12 parking spaces. Maggie thought that sounded tight. Mr. Lowell stated that between the Earthworks display sign and the building there was over 60 feet. Diane S. noted each parking spot needed to be 10’ x 20’ in size. CEO McDonough wanted Mr. Lowell to be sure not to put picnic tables in parking spaces. Mr. Lowell stated he understood.

Madge B. stated a site visit would take place before the next meeting and a Public Hearing would be held at 7:00 p.m. at the next meeting, August 26th, because this is a business. Madge asked members if they wanted to do the site inspection individually since everyone knew the location? Members agreed that would be fine.

Barbara F. asked Mr. Lowell about the Earthworks Sign? Mr. Lowell stated they were not planning on moving the sign. Barbara believed the business was permitted at another location at this time. Maggie M. agreed and thought they could move it to where the business was currently located. Diane S. said they were not planning on moving the sign because they didn’t have as much room at the existing location as they thought they were going to have, so they changed their mind on moving the sign. Mr. Lowell stated it was his understanding Earthworks Landscaping and Mr. Gallant were working something out.

Barbara F. asked about the setback issue with the sign? CEO McDonough stated there wasn’t an issue with the sign itself but there is an issue with the retaining wall and it was going to be moved when they moved to the new location. Madge B. agreed they needed to take down the retaining wall.

CEO McDonough stated with respect to the signage it cannot stay because off-premise signs are not allowed. Mr. Lowell asked if it was an issue they would have to take care of? CEO McDonough stated Mr. Gallant would have to bear some of the responsibility as the landowner. Barbara F. said the permits actually run with the land. CEO McDonough stated the sign would have to be removed. Madge B. asked if the property owner would have to come before the board? CEO McDonough stated the owner didn’t have to come but someone has to remove the sign. Madge thought the retaining wall had to be removed as well. CEO McDonough agreed because it is part of the signage / display.

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Diane S. asked if this had to be part of the next approval, to be sure the sign and the retaining wall is removed? Maggie M. didn’t think it would be Mr. Lowell’s conditions. She thought it would be a separate issue for Earth Works and Mr. Gallant. Madge B. thought the owner had to deal with it. CEO McDonough

stated it had to be addressed. Diane thought the board could send the property owner a letter. CEO McDonough agreed. He thought if a letter was sent explaining why it had to be moved it shouldn’t be a problem. Madge agreed.

Madge B. wanted a letter sent to the property owner explaining the sign and retaining wall had to be removed. Barbara F. said she would cc: the Letourneau’s (owners of the sign). Madge said the letter should say the board cannot issue a Conditional Use for a new business on the property until the sign and display have been removed. Mr. Lowell asked if all the stone work had to be removed? Madge said she believed so. CEO McDonough agreed, the Ordinance says a retaining wall or patio is a structure and the display does not meet setbacks. Diane said that this would create more parking for Mr. Lowell.

Madge B. made the motion that a letter be sent to Mr. Gallant and copied to Mr. and Mrs. Letourneau asking that the sign and retaining wall display be removed or the board cannot issue a Conditional Use Permit for any new business at 184 Emery Mills Road. Diane S. 2nd the motion. All members were in favor.

Note: The letter to Mr. Gallant addressed the following:

Pursuant to M.R.S.A. Title 23 §1914, signs must be located within 1000 feet of the advertised business.

Pursuant to Section 105-47 of the Town of Shapleigh Zoning Ordinance, signs advertising defunct business OR PREMISIS shall be removed by the property owner. Please be aware that the retaining wall at the base was considered part of the signage and must also be removed, whereas it cannot meet the setback for a structure to the road.

Therefore, for the multiple reasons listed above, the Town of Shapleigh Planning Board voted to address this situation by letter and will have to table the new applicant’s proposal for the Soup Shack should this matter not be resolved by the next Planning Board meeting to be held on August 26, 2014.

Madge B. told Mr. Lowell that he would not have to be at the individual site inspections as board members know the location. She hoped the display would be removed by the next meeting. Barbara F. stated a letter would be drafted on Wednesday and a copy would also be mailed to Mr. Lowell.

Roland L. noted that the board would ask at the next meeting what Mr. Lowell would be doing with refuse and would he have additional outside lighting? Diane S. asked Mr. Lowell to actually draw the parking spaces on the plan. Mr. Lowell asked if he could bring that to the next meeting? The board members said, yes. Madge B. noted that the board didn’t approve signage, CEO McDonough did.

Nothing further was discussed.


Conditional Use Permit – Replace Retaining Walls & Stairs – Map 40, Lot 38 (19 Osprey Lane) – Kristina & Jared Buzzell, Applicants

Board members met the applicants on site at a site inspection prior to this evenings meeting.

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Previously the board members were provided with pictures of the deteriorating retaining wall and stairs, what appeared to be a Google Earth picture of the property, and a sketch plan which depicted the location of the 18’ x 40 foot cottage, a 10’ x 18’ patio attached to the cottage, a 12’ x 20’ boathouse, and the stairway and location of all the retaining walls on site. Measurements from the lot lines and Granny Kent Pond to the cottage, patio and boathouse were also on the plan along with ‘Note: All disturbed areas to be replanted with grass as is currently existing.’

Stephen F. attended the meeting to tell board members the applicants would not be at this evenings meeting and asked that the application be tabled. Diane S. stated that Mr. Buzzell had a question about how long a permit would be good for once approved. She said they would have two years to complete the project.

Maggie M. didn’t think it had to be finished within two years, only started. CEO McDonough stated, correct. Diane said that while at the site visit Mr. Buzzell stated he had no idea when he wanted to do the project. Stephen F. agreed and said Mr. Buzzell only wanted to be sure the project could be done before purchasing the property. CEO McDonough stated that this was an allowed use.

CEO McDonough asked if there was a revegetation plan? Maggie M. read from the plan and it stated that ‘All disturbed areas to be replanted with grass as is currently existing’. She noted that after the site inspection she felt that it needed more than grass. Diane S. agreed. Maggie said there was an erosion issue. Madge also agreed stating that the area needed some work.

Maggie M. asked Stephen F. if the next meeting would work for the applicants? Stephen believed it would.

Diane S. made a motion to table the application until the next meeting to be held on Tuesday, August 26, 2014. Madge B. 2nd the motion. All members were in favor.

Nothing further was discussed.


Growth Permits

Map 4, Lot 22A (Back Road) – New Home

7.68 acre parcel created in 2011. The lot was a gift to a relative created from a lot purchased in 2002 by the applicant’s father. The lot exceeds the minimum requirements for a legal lot in Shapleigh and has over 400 feet of frontage on Back Road.

GP #10-14 was given to the applicants, Kristie Mucci and Jacob Angers.


All supporting documentation, applications, etc. can be reviewed at the Town Hall during regular operating hours.


Planning Board meeting adjourned at 8:10 p.m.

Respectively submitted,

Barbara Felong, Land Use Secretary,