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 Shapleigh Planning Board

Minutes

Tuesday, April 23, 2019

Members in attendance: Roger Allaire (Chairman), Steve Foglio (Vice Chair), Madge Baker, Roland Legere, Maggie Moody and Alternate Ann Harris. 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, April 9, 2019 were accepted as read.

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

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Best Possible Location – Repair Sills / New Foundation – Map 20, Lot 7 (104 Shapleigh Corner Road) – Gallo Construction, Applicant; Brant Duncan, Property Owner

Mr. Gallo and Mr. Duncan were present for the review of the application.

Provided along with the application were the following:

1) Email from Brant Duncan to Code Enforcement Officer Mike Demers, dated April 3, 2019, stating that Mike Gallo of Gallo Construction could represent him during the permitting process with the Town of Shapleigh.

2) Subsurface Wastewater Disposal System Application for a 2 bedroom house, dated 4/11/96, designed by Kenneth Gardner, SE #73.

3) Plan Survey drafted by Dana Libby, PLS #1350, dated 3/18/19, entitled ‘Plan Showing A Boundary Survey for Brant J. & Marianne Duncan, 100 Commonwealth Road, Lynn, MA 01904, Property Located on Shapleigh Corner Road (State Route 11) & Mousam Lake in Shapleigh, Maine’. This plan depicts 4 existing structures on site, along with a set of stairs to the water. The structures depicted are entitled House – height 12.0’; House – height 19.5’, Sunroom & Shed.

In addition, the survey plan depicts the structure that will have the sills replaced and a new foundation, as being 63.24 feet to the high water mark at its closest point, 6.21 feet to the lot line of Map 20, Lot 8 at the closest point; and 8.11 feet from the adjacent structure on this lot.

Roger A. asked Mr. Gallo to let the board know what they intended to do.

Mr. Gallo began by stating that they wanted to jack the house up, replace between 20 and 30 feet of sills that are rotted, and put it back down in the same location on a new poured concrete foundation, to make a basement area. He said they wanted to raise the overall building area 3 feet from its present elevation for the purpose of adding windows on the lower slope of the land, so they can be egress windows, this way they will have a way out of the basement. He said there would be no additions, no 30%, but he added that he was trying to convince Mr. Duncan to do any addition now.

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Shapleigh Planning Board Minutes – April 23, 2019 Page 2 of 4

Roger A. told Mr. Gallo that you can only occupy the lot with structures by 10%, and this property already exceeds 10%. Mr. Gallo asked if he was talking about overall lot coverage? Roger said yes, and he asked if all the existing structures had been permitted. He was curious as to what put the structures over the 10% and when and if they were permitted. Mr. Gallo asked if Roger was talking about them having an issue now or if they asked for an addition in the future. Roger thought it could be now, because they are currently at 11 ½ % lot coverage. Mr. Gallo said he was not increasing anything existing. CEO Demers stated that whatever was on the ground in 1989 was the starting point, from that whatever square footage he had in 1989, he can add 30% to that. Roger disagreed because you cannot exceed 10% lot coverage, so that is the trump card here. Mr. Gallo said he wasn’t sure how long everything had been there, but they were not adding to what is there now.

Roger A. said the plan presented shows two houses. Mr. Gallo said it was a garage and a house. Roger said on the plan it said two houses, so he wanted to be sure it was not a duplex. Roger asked if there was a kitchen and a bedroom? Mr. Gallo stated that there was no bedroom. CEO Demers said it would be a duplex if he had a kitchen, sleeping area and bath. Mr. Gallo said it did not. Roger said that if it was a duplex it would have to be reverted back to a bunk room. Steve F. noted that on a plot plan on file it showed the structure Roger was talking about and noted it was a hobby shop. Mr. Duncan stated that the structures on site now are what was there when he purchased it. Roger said sometimes people put up structures without a permit; when they come before the board, that is when the illegal structure gets flagged. Mr. Duncan asked what constitutes the 11% Roger is speaking about? CEO Demers said it was 10% lot coverage. Roger said all the structures on site now occupy over 11% of the land and only 10% is allowed. He said if Mr. Duncan wanted an expansion, it could not go out, it would have to go up.

Madge B. said there was a limit to how much they can go up. She wasn’t sure how high it was now. She noted that they were talking about raising it 3 feet, she asked if they were going to be able to? Roger A. asked which building on the plan was going to be raised? Mr. Gallo showed him on the plan. Mr. Gallo noted that the structure they were going to raise was currently 19.5 feet in height. Madge said based on this, they would not be able to raise the structure. Mr. Gallo said that based on the current measurement he could go up 6 inches, then he would apply for a variance for the remaining 30 inches needed in order to be able to put the windows in. He said that he has always gotten variances in the past, so he didn’t think there would be an issue here. He said they would go to the Board of Appeals in order to be able to put the windows in. Roger did not think he would be granted the variance, due to the fact it wasn’t a hardship. Mr. Gallo asked why the Zoning Board would not want something to be safer, egress is safer? Roger said that the applicant did not have to raise the house, he was choosing to do so. Mr. Gallo said they were fixing the sills, so why not add the basement.

Mr. Gallo said he understood what Roger was saying. Both Roger A. and Ann H. said the Planning Board could not deviate from the Zoning Ordinance. Mr. Gallo said that is why he would go to the next board. CEO Demers agreed with Mr. Gallo that his next step would be to go to the Board of Appeals. Roger said again he did not think it would be granted because this was not a hardship currently, and they cannot meet all four of the criteria which has to be done in order to get the appeal granted. He said if the ZBA approved it, he would be surprised. Mr. Gallo said that if they did not approve it, he would be surprised, he has had good luck with them on life safety. Maggie M. said she thought with respect to life safety, he was looking at it after they put in the addition. She believed the Zoning Board would look at it as it is now. Mr. Gallo said it is life safety for egress out of the basement. Maggie said that the basement didn’t

Shapleigh Planning Board Minutes – April 23, 2019 Page 3 of 4

exist yet, so they would look at it as you don’t need the life safety now because the basement is not in yet. CEO Demers stated, “Let’s let the ZBA decide”. Maggie agreed, stating they would explain it better.

Note: The four criteria that must be met in order to obtain a variance from the Zoning Board of Appeals are:

  1. That the land in question cannot yield a reasonable return unless the variance is granted.
  2. The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.
  3. The granting of a variance will not alter the essential character of the locality.
  4. The hardship is not the result of action taken by the applicant or a prior owner.

Roger A. stated that the board will do a site inspection prior to the next meeting. Ann H. asked what the board was going to look at? Madge B. asked if the board was going to do a site inspection to see if the board would want them to move the structure. Roger said it was a best possible location, the board has to see if it is in the best possible location. Madge said, “OK”. Roger said, “If they can pick it up they can move it”. Mr. Gallo said that when they meet on the lot, the board will get the feel for why it is probably best to leave it where it is, including boundary lines and structures in the way.

Roger A. stated board members will meet at the Town Hall at 6:55 p.m. and be on site at 7:00 p.m. A Notice to Abutters will be mailed as well. The next meeting is Tuesday, May 14th. Maggie M. stated she would meet members on site, as this location is near her home.

Roger A. said the board will look at the trees, the overall site, etc. Roger was also concerned with it being 8’11” from the other building, wanting to be sure the project won’t compromise it.

Ann H. asked if there was a foundation under the building now? Mr. Gallo stated there was not. He said there was some footing type things with bricks on top, then there is posts, and at one point the sill is actually on the ground. He said off the back is a crawl space for the heating system.

Nothing further was discussed.

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Growth Permits

Map 11, Lot 11B-1 – Gray Road – New Home #9-19

This is a legal lot of record, meeting the dimensional requirements of the Town.

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The Planning Board meeting ended at 8:15 p.m.

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.

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The next meeting will be held Tuesday, May 14, 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