Vassalboro Planning Board
Minutes of Oct. 6, 2009

Planning Board: Virginia Bracket, George Gould, Gary Coull, Douglas Phillips
CEO: Paul Mitnik,
Public: Richard Bouchard, George Lamotte, Nate Laflin, Nate Gray, Steve Pelletier, Al Barton, Philip Haines, Lauchlin Titus, Mary Grow

The meeting opened at 7:00 PM.

Review of Sept 1 Minutes: The Sept. 1 Minutes were approved (Gould / Coull 4-0).

Richard Bouchard
Shoreland Zoning Webber Pond
Seasonal Conversion and Structure Expansion
Tax Map 6, Lot 26A

Richard is renewing an application approved by the Board one year ago that will be expiring on October 10. The proposal includes the expansion of a seasonal camp, installation of a four foot frost wall, and conversion of the camp to year round use. The camp is located off Webber Pond Rd near the dam.

About 30 to 40 trees will be removed. The camp currently does not have a septic system or bathroom. Ginny indicated that this proposal must be reviewed under the updated Shoreland Zoning Ordinance which includes a new provision for the Board to consider for new or replacement foundations for non-conforming structures (<100 foot setback distance from lake). That provision requires the Board to consider requiring that the building be relocated further away from the lake so that the required setback of 100 feet be met to the greatest extent practical. In determining whether the setback is met to the greatest extent practical, the Board must consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and adjacent properties, the location of the septic system and other on-site soils suitable for septic inspections, and the type and amount of vegetation to be removed to accomplish the relocation.

Ginny indicated if possible the 100 foot setback must be met. She asked how far back the current structure was from Webber Pond and Richard indicated 30 feet. Ginny also asked what was behind the current camp and Richard indicated only trees. Ginny responded that there was nothing preventing the camp to be moved back to meet the 100 foot setback. At this point Richard had three options:

1. There could be a substantial start of construction by this Saturday (when current permit expires) and could operate under current permit.
2. He could move the structure back 100 feet
3. He could not build the new foundation and keep structure where it is located now.

Nate Lauflin, representing potential buyers of the property indicated that he thought moving the structure back would take away value to the property. Ginny responded that this is a rare case when a structure can be moved back and in most situations, small lot size or other issues such as the septic location prevent moving it back. Doug asked about the reference in the Ordinance of this new requirement and Paul indicated 12C 1 (c). Nate asked if the permit was transferable to a new owner. Paul indicated that he researched this and it is transferable.

Richard indicated that he preferred to keep the structure close to the water and in its current position. This would result in no new foundation. The application was approved (Gould / Phillips 4-0) without the new foundation, with the 6x 27 expansion, new septic system, and new well. Later it was decided that the expansion should be permitted by an area limitation (165 square feet) and volume limitation (1183 cubic feet) to allow flexibility in how the expansion is constructed.

Nate Gray
Maine Dept of Marine Resources
Repair of Webber Pond Dam Flow Gates
Shoreland Zoning – Use Projecting Over a Water Body
Tax Map 6, Lot 17

DMR is proposing to repair the gates regulating outlet flow as part of their effort to restore alewives to Webber Pond. Nate explained that the current stop log bays are occluded by debris upstream blocking 30% of the openings. Aluminum plates will be placed on the dam. The debris blocking outflow will be removed from the bottom. This will restore 100% of the hydraulic capacity of the dam. Installation of the aluminum plates and the removal of the debris will be done in the dry which will require cofferdamming of the lake upstream of the dam. Philip Haines commented that he thought maybe that this was maintenance that may not need a permit. Doug asked how much of the current structure will remain and Nate said 99%+. The total expenditure is estimated to be about $100,000. The application as a whole was approved (Gould / Coull 4-0).

Sandy and George Lamothe
Shoreland Zoning Three Mile Pond
Seasonal Conversion and New Foundation
Tax Map 15, Lot 12

This proposal is a renewal of an expired permit issued in August of 2006 at 70 Three Mile Pond Rd. George Lamothe was present representing the Lamothes. George L. commented that they were now under the same new provisions that applied to Richard Bouchard for placement of a new foundation under a non-conforming structure. This is for the Board to consider requiring that the building be relocated further away from the lake so that the required setback of 100 feet be met to the greatest extent practical. George L indicated that they were proposing a seasonal conversion with a new four foot frost wall, new heating system, drilled well, and interior remodeling.

A storage shed of dimensions 10 X 12 feet is located about 15 feet from the current structure. The septic tank is along side this shed and behind the camp. The structure is non-conforming being about 37 feet from Three Mile Pond and the lot frontage is about 53 feet. Doug asked about the lot being flat and George L replied it is relatively flat but slightly sloping down toward lake. George G asked about the location of Three Mile Pond Rd and George L indicated just past the rest area on Rte 3. Ginny asked about a septic system being installed and George L said it was. Paul pulled the septic design and permit from the file (HHE-200 form) which indicated that the system was for a two bedroom home and permitted in 1995.

Doug commented with the storage shed, and septic tank location, the building could not be moved back very far. The application with the frost wall and camp at the current location was approved (Phillips / Gould 4-0).

Steve Pelletier and Al Barton
Pre-Application Conference Major Site Review
Shoreland Zoning Outlet Stream
Commercial Use in Limited Residential / Commercial Zone
Dance Hall and Bar
Tax Map 23, Lot 85-1

A dance hall serving liquor is proposed at the former site of the Kennebec Bean Factory at 960 Main St. The pre-application conference is a requirement of the Site Review Ordinance for a major project. It is informal and informational and no decision is made by the Board. There are no application requirements to submit. Al indicated that they were not proposing to change the outside of the building. The inside will be remodeled to accommodate the bar but kept in a rustic state. A site plan that the Marcoux’s prepared for their approval earlier this year of a Flea Market at the same building was used for reference. The Marcoux’s own the property and Steve and Al would be leasing part of the building from them.

A discussion ensued amongst Board Members. The site has paved parking of dimensions 200 X 60 and more parking on a grassed area along the driveway and near Main St. The bar will be going in the cold storage area indicated on the Marcoux’s plan. It was noted that this building is on city water and sewer. Ginny asked about the seating capacity and Al indicated about 150 to 200. Paul indicated that bathroom fixture requirements in the Maine Internal Plumbing code depend upon seating capacity. Paul indicated that the State Fire Marshall’s Office would have to be involved in the permitting to assure compliance with the fire code and handicap access requirements of state law. In addition permitting through the Dept of Human Services and the Bureau of Alcohol Beverages is required. Local approval by the Selectmen is required for serving alcohol and the entertainment (live music).

Al and Steve did not know the entrance requirements yet but thought that the building did have sprinklers. Doug thought that it could be difficult to review the project without this information. Al thought local approval was needed before the Fire Marshall’s Office would get involved. Ginny asked that an informal meeting be arranged with them and the applicants that could answer a lot of questions and give valuable advice. Ginny asked if the Vassalboro Sanitary District was contacted. Al indicated that they hadn’t contacted the Sanitary District but the Marcoux’s had. Ginny then explained what was needed in the application. All of the performance criteria had to be addressed in narrative fashion. A checklist is part of the application to ensure completeness. Paul indicated that both the application for a major development and the checklist can be downloaded from the Town’s website. The Site Review Ordinance can also be downloaded from the website. The Ordinance has all of the requirements of the Site Plan. A copy of the lease will be needed as proof of title right and interest to the property. Notification to all abutters is needed by green card certified mail and return receipt. Paul indicated that he would help the applicants through the process. Paul asked if they wanted to be on next month’s agenda and AL said that they were unsure if they could be ready but would let Paul know in the near future.

Carls Quick Stop
951 Main St
Tax Map 23, Lot 28

Although not on the agenda, Lauchlin inquired about Carl’s Quick Stop, a convenience store almost directly across from the site of the proposed bar. It has underground gas tanks and has been closed more than one year. State regulations require that the tanks be removed after one year. Lauchlin asked whose responsibility this was to insure it happened. Paul indicated that it was his, not the Board’s. DEP actually is responsible for regulating underground tanks. Paul had contacted DEP last summer about this issue and thought that Carl McCaslin still owned the property and didn’t have the money to remove the tanks. As a result DEP is not pushing this issue. Lauchlin thought that a bank had foreclosed on the property. Paul said that he would look into this issue further.

The meeting adjourned at 8:15.