Vassalboro Planning Board
Minutes of December 2, 2008

Planning Board: Ginny Brackett, Doug Phillips, Sally Butler
CEO: Paul Mitnik,
Public: Ben Murray, Bruce Murray, Nora Murray, Donald Robbins, Jeff Lacasse, Greg O Halloran, Mary Grow

The meeting opened at 7:00 PM.

Review of November 11 Minutes: Doug motioned to accept the November 11 Minutes. Sally seconded. All in favor.

Greg O Halloran
Stone Road Subdivision
Update of Compliance of Permit Conditions
Tax Map 9, Lot 31

Although not scheduled on the agenda, Greg O Halloran discussed the cleanup of asbestos at the Stone Rd Subdivision. A poultry barn that was torn down as conditions of the subdivision permit, contained asbestos within the structure. This was not discovered until after the building was torn down. The subdivision permit was conditioned to removing the structure and associated demolition debris by July 1. The deadline was extended until Sept 1 having been delayed by the unexpected asbestos issue.

Greg explained that the removal effort has been through at least six different plans. DEP must approve each plan. Most of the large pieces of asbestos have already been removed. The contractors have not been able to achieve full removal yet. Greg indicated that the latest plan was to run the debris through screening. The smaller particles of asbestos not yet removed should pass through the screen and could then be collected and deposited in the metal dumpsters and hauled off to the special waste landfill to Norwidgewock.

Ginny inquired about the form the asbestos was in and Greg revealed that it was transite or thin sheets. Greg indicated that this remediation would be difficult to undertake in the winter when there is snow cover since the small particles of transite would be difficult to see. He felt that he needed six additional months to complete the removal. The material would be sorted on the old concrete slab of the barn. Doug inquired about the contractors and Greg indicated that it was Acadia Asbestos Removal. Doug asked if residue on the concrete could be an issue and Greg indicated that it shouldn’t be.

There was a debate over whether or not the subdivision was currently in compliance or not in compliance. A letter that Paul had tried to send to Greg in the mail unsuccessfully and hand delivered at the meeting indicated that no more building permits could be issued within the subdivision, since the subdivision was out of compliance until all the demolition debris was removed. Vassalboro’s Building Permit Ordinance prohibits issuing building permit for any subdivision that is not in compliance with state and local laws.

Greg indicated that the Board could consider his appearance a request to modify the subdivision permit and extend the deadline for removing the debris. He would then be in compliance. Ginny felt that since he had not met the deadline for removing the demolition debris, he was out of compliance. She was not in favor of allowing the issuance of building permits in the interim. Sally felt that six months was too long for completing the removal and would like to have monthly updates of the removal effort. Paul expressed displeasure in not being informed about the progress of the cleanup.

Doug made a motion to grant the extension of removing the poultry barn demolition debris to January 6, 2006, the date of the next Planning Board meeting. Greg should re-appear and report on the progress of the cleanup as indicated by Acadia. This was seconded by Sally. All in favor. The issue of whether or not building permits should be issued was not resolved, but Paul thought it would be unlikely that anyone would apply for one in the next month.

Jeff Lacasse Kennebec Water District
Shoreland Zoning China Lake
Boat Launch
Tax Map11, Lot 58

Jeff Lacasse representing the Kennebec Water District was not applying for permitting but discussing a plan to re-locate the China Lake boat launch in East Vassalboro to a more favorable location. He was interested in feedback from the Board. The KWD does not favor the current location of the boat launch since it is within the protection area of the water intakes for the public drinking water supply under their jurisdiction. The small area of the current site make launching a boat difficult and there is limited parking. Jeff presented a brief history of the effort to re-locate the boat launch dating back to 1977 and again in the early 1990’s. George Powell of the Maine Dept of Conservation has been leading the effort at the state level for funding and assistance.

The site of the new proposed launch area is east of the Shorey property. A new road would be built east of the Shorey Road from Route 32 to access the site. Some of the issues indicated by Jeff could be funding of the project, since the State is now in hard times with the large budget deficit. There are also issues with security due to the relative isolation of the new site compared to the current site. Some of the abutting property owners have concerns that may be addressed with appropriate landscaping to screen their properties from the access road and site. The security issue could possible be addressed with a gate and solar lights. It is not clear who would maintain a gate.

The old site could be made into a carry in boat launch site for canoes and kayaks. The paving would probably be removed and replaced with grass or other vegetation. Jeff indicated that a time frame of one year was likely, assuming that the desired funding could be obtained. Ginny indicated that she did not see any major obstacles to approving a permit for the proposal, but the Board could not know for sure until a proposal was presented. The Shoreland Zoning Ordinance does allow uses projecting into a water body and new road construction within a Resource Protection Zone to be permitted with Planning Board approval.

Ben Murray
Shoreland Zoning Webber Pond
New Residential Structure
Tax Map 19, Lot11

Ben Murray introduced another proposal by his parents, Bruce and Nora Murray, to build a duplex on Lot 11 located off the Murray Road. A proposal last Planning Board meeting on November 11 was denied, due to the lack of frontage required by the Shoreland Zoning Ordinance to accommodate a duplex. The proposal last month involved relocating an existing residential dwelling and shed currently within 100 feet of the lake outside of the Shoreland Zone. The proposed new structure would use a newly created septic field and the relocated structure would use the existing septic field. Both structures would share the same well. 1.6 acres of land would be transferred to Lot 11 from Lot 13 to create a new lot slightly greater than three acres. A new road would be created to access the current structures located on lots 12 and 13. The areas including an existing parking lot and the old building site of the relocated structures would be reclaimed with grass cover.

This proposal was different from last month’s in that 4000 square feet of land currently containing a garage and apartment on Lot 12 would be transferred to Lot 11. The apartment would be removed and the garage maintained as an accessory structure rather than a residential dwelling unit. The area of land now on Lot 11 and formerly containing two dwelling units would have these dwelling units removed and the duplex would not change the current status of the amount of dwelling units.

Ginny discussed a number of issues with this proposal that were inconsistent with Vassalboro’s Shoreland Zoning Ordinance. By removing 4000 square feet from Lot 12, and reducing the current area from 24000 to 20000 square feet, the proposal creates more non-conformity in Lot 12. 40,000 square feet are required for a lot to be conforming for each dwelling unit. Land divisions of a non-conforming lot that make a non-conforming more non-conforming are not allowed. Lot 11 and Lot 12 are under different ownership and must be considered individually rather than collectively. The proposal results in an increase in dwelling units from one to two on Lot 11. When the lot boundaries are re-configured from what occurred in 1974, the lot is no longer a lot of record. You must then meet the standards for a conforming lot or 400 feet of lake frontage for a duplex.

Doug inquired about whether only Lot 11 was being developed and Ben indicated that was so. Doug asked about the frontage on Lot 11 and Ben replied 136 feet. Doug noted that this was not anywhere close to the requirement of 400 feet. Doug asked if an applicant could apply for a variance from frontage requirements and Paul indicated that they could. It was noted by the Board that this proposal was less acceptable than last month’s proposal.

The permit application was denied due to not meeting the frontage requirement of 400 feet in the Ordinance for a duplex by motion of Doug, seconded by Sally. All in favor. Ben asked if there was still time to appeal last month’s decision of denial by the Planning Board and Paul indicated that there was. The thirty day deadline to file the appeal would be over by December 11, 2008

The meeting adjourned at 8:35 PM.