Vassalboro Planning Board
Minutes of April 1, 2008

Present:
Planning Board: George Gould, Gary Coull, Ginny Brackett, Sally Butler
CEO: Paul Mitnik,
Public: Frank Richards, Mark Grenier, Mary Grow

The meeting opened at 7:00 PM.

Review of February 5 Minutes: George motioned to accept the February 5 Minutes. Gary seconded. All in favor.

Frank Richards
Shoreland Zoning – Webber Pond
Expansion of Conforming Residence
Tax Map 19, Lot 5

Frank Richards is proposing an expansion of his residence at 100 Pleasant Cove Road. The current structure is conforming, since it is greater than 100 feet from the high water mark of Webber Pond. The lot is also conforming, having greater than 200 feet of water frontage and being greater than one acre.

The addition will be 24 x 28 feet and will be attached to an existing 26 X 42 ranch. He currently has one bedroom and will be adding one bedroom. His current septic system is sized for three bedrooms, so the two bedrooms are consistent with the Maine Subsurface Wastewater Disposal Rules. Erosion control measures will consist of silt fence installed down gradient of the addition and prior to excavation or soil disturbance. Seeding and mulching will be done after the exterior shell is completed.

The application was approved by motion of George, seconded by Gary. All in favor.

Mark Grenier
Shoreland Zoning – Webber Pond
Expansion of Non-Conforming Residence
Tax Map 18, Lot 25

Mark Grenier is proposing to expand a seasonal residence located at 7 Birch Point Road. The Planning Board formerly approved a demolition and reconstruction of this residence in December of 2006. Paul had to revoke the permit for this, due to the fact that the original dimensions reported for the existing structure on the application were larger than what actually existed. As a result, the permitted expansion exceeded the 15% allotment allowed by Vassalboro’s Shoreland Zoning Ordinance for non-conforming structures.

The new proposal is for a 20 X 10 addition rather than a demolition and reconstruction of the existing structure. Paul and Mark met at this residence in November of 2007 to determine accurate existing measurements and what could be allowed. In addition, Mark is re-applying for a seasonal conversion which has expired, due to the lack of work on the structure one year following the issuance of this permit in May of 2006.

The measurement made last November resulted in the following:

Mark is proposing to discontinue the loft and apply the area and volume of this to the addition. The deck will be increased to 80 square feet. This results in the following:

The allowable expansion permitted by Vassalboro’s Shoreland Zoning Ordinance is 15% which result in an allowable area and volume of 1021 square feet and 5995 cubic feet, respectively. Mark’s proposal falls within this limit.

The Board voted on the Seasonal Conversion first. Paul is the Plumbing Inspector and revealed that the current septic system is sized for two bedrooms and was installed in 1994. The addition will not result in more than two bedrooms. The current septic system is adequately sized and meets the Maine Subsurface Wastewater Disposal Rules. The Seasonal Conversion was approved by motion of George, seconded by Sally. All in favor. The building expansion was likewise approved by motion of George, seconded by Sally. All in favor.

Shoreland Zoning Ordinance
Timber Harvesting Option

The Planning Board needs to choose one of three options available for timber harvesting in the update of Vassalboro’s Shoreland Zoning Ordinance. Paul explained the three options available for timber harvesting in the State Guidelines.

The first option is maintaining the current timber harvesting standards until the repeal date. The new statewide standards are adopted after 75% of the towns formally adopt these standards and then the current standards are repealed. The repeal language is included in Section 4 of the Ordinance. In this option after the repeal date, there are no timber harvesting standards within the Shoreland Zoning Ordinance. Only Section O is included within the Ordinance. Then beginning on the effective date of the statewide standards, the Dept of Conservation Bureau of Forestry administers the timber harvesting criteria.

The second option is similarly maintaining the current timber harvesting standards until the repeal date. However the major difference is that beginning on the date that the statewide standards become effective, the statewide standards are adopted within the Shoreland Zoning Ordinance. Both Section O (current) and O-1 (new statewide standards) are included within the Ordinance and the repeal language repealing section O is again included in Section 4 of the Ordinance. In this option, the Town and the DOC jointly administer and enforce the timber harvesting standards.

The third option is writing your own standards which the Town must enforce without help from DOC. The Planning Board already determined that Option 3 was out at the last meeting discussing Shoreland Zoning.

The major disadvantage to option 1 was that the Town will have no timber harvesting standards within the Shoreland Zoning Ordinance and little control over enforcement. Violations are simply reported to DOC and your Town may not be a priority. In option 2, the Town can have more control of enforcement. The Board voted to pick option 2.

Subdivision Roads

A brief discussion of subdivision roads ensued based upon a letter written by Paul to the Board. There are already many provisions within the Subdivision and Road Construction Ordinances that could better regulate subdivision roads. Bad roads within subdivisions are a current problem. Developers do not always do as they promised within their applications and road plans.

Performance guarantees within the subdivision Ordinance could be a good measure for guaranteeing good roads and maybe they have not been used in the past, due to not knowing how to do it. They are required in subdivisions greater than six lots.

The Board determined that the following policies have already been established:

• A schedule for road construction (as required in the Road Construction Ordinance) shall be included in all subdivision applications
• The road must have an adequate sub base before any lots are sold.
• Road construction inspections shall be required at various stages of construction by Vassalboro’s Road Commissioner using the Inspection Form. Corrections will be ordered as needed.

The following needs to be decided in a future update of the Road Construction Ordinance

• We need to determine when paving should be done, if required
• We need to determine a way to maintain roads through the mandatory formation of Road Associations
• Should driveway entrance requirement from DOT be mandated in a schedule quicker than 1 year?

The meeting adjourned at 8:15 PM.