Vassalboro Planning Board
Minutes of October 7, 2008

Planning Board: Ginny Brackett, Gary Coull, George Gould, Doug Phillips
CEO: Paul Mitnik,
Public: Richard Bouchard, Maia Additon, Doug Young, Rose Spaulding, Dennis Spaulding, Laurah Brown, Lane Gray, Elwood Ellis, Mary Grow

The meeting opened at 7:00 PM.

Review of September 2 Minutes: Gary noted that his name was incorrectly assigned as Doug Coull in the September Minutes. George motioned to accept the September 2 Minutes with this change made. Gary seconded. All in favor.

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

Richard Bouchard is proposing to convert a seasonal camp located on Webber Pond near the dam to year round use by adding a four foot frost wall for a replacement foundation, expanding the structure, and installing a new septic system, internal plumbing and fixtures. Ginny inquired about a number of issues that were answered by Richard. The camp has only a gray water discharge. The addition for living space is 6 X 27 feet. About 40 trees will need to be cut down to install the septic system. Most of the trees are small and about 150 feet from the lake. The disposal field for the septic system is 20 X 70 feet. A parking area which use to be a place for a temporary garage will provide an access point for installation of the septic system.

Doug asked about the details of the foundation and the septic system. The foundation will be a four foot frost wall with a slab. The area under the structure will be a crawl space and not living area. The septic system has no abutting wells within 100 feet, since the Jose residence currently being constructed at the old power house has not yet had a well installed.

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

Peter and Teena French
Shoreland Zoning Outlet Stream
New Residential Structure and Expansion
Tax Map 23, Lot 79

The Frenches did not show. Doug motioned to table this decision, seconded by George. All in favor.

Laurah Brown
Shoreland Zoning Seven Mile Stream
New Residence
Tax Map 16A, Lot 28

Laurah Brown is proposing to construct a new residence with a new septic system adjacent to Seven Mile Stream off of Dam Rd. Lane Gray, representing Laurah, questioned the size of Vassalboro’s shoreland zone for streams which is 250 feet from the high water mark. The DEP guidance uses a shoreland zone of 75 feet from the HWM for streams. Ginny explained that Town Ordinances may be more restrictive than DEP guidance, but not less restrictive. The DEP accepted the 250 foot zone for streams in 1992 along with the rest of the Ordinance.

Ginny asked questions about the proposal. The setback of the structure from the high water mark is 75 feet. Ginny explained that a 100 foot setback is required by Vassalboro’s Ordinance. Lane said that Laurah intends to apply for a variance from the structure setback requirement from the high water mark of Seven Mile Stream. Paul explained that the Planning Board cannot approve a variance. The Board of Appeals makes decisions on variances. The Planning Board would need to deny a permit application in which a variance is requested. The structure is proposed to be 1300 square feet in an “L” shape and with three bedrooms. There will be no deck or garage. The septic system will be 100 feet from the high water mark of Seven Mile Stream.

Laurah questioned Paul’s decision to make the septic system permit conditional to obtaining a shoreland zoning permit. Paul explained that he will not issue a septic system permit unless he knows that the land in question is buildable. Either an approved shoreland zoning permit or approved variance will have to be issued before a septic permit and building permit are issued.

The Board denied this permit application by motion of George and seconded by Gary. All in favor. The permit was denied due to not meeting the required structure setback of 100 feet from the high water mark. Paul told Laurah that she must apply for the variance in writing within 30 days of the Planning Board decision.

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

Jeff did not show.

Elwood Ellis
Minor Subdivision Sketch Plan
Tax Map 4, Lot 27-E

Elwood Ellis presented a sketch plan for a proposed three lot subdivision on Dick Bradstreet’s property which surrounds the subdivision already developed on Sherwood Lane. There is already a road into Mr. Bradstreet’s property where the subdivision is proposed. Elwood believed that this road may meet Town standards for road construction, except that the end of the road may need to be widened some.

Ginny explained about the severe problem that Vassalboro has been having with subdivision roads lately and that the Town will require a performance bond to assure that the road will be properly constructed. The road will have to be inspected by Gene Field, Vassalboro’s Road Commissioner to determine whether or not it complies with Vassalboro’s Road Construction Ordinance. Doug indicated that he would want a performance bond regardless of what Gene Field says.

Elwood presented the test pit data for the proposed septic systems. Paul indicated that test pits are just one page of the HHE-200 form and Vassalboro’s Subdivision Ordinance requires the entire HHE-200 for each lot. Ginny concurred with this statement. Paul also brought the new 50 foot setback requirement of septic system from property line to Elwood’s attention. Elwood was not aware of this requirement but indicated he will make the appropriate changes to meet this.

Doug Young
Major Subdivision Sketch Plan
Tax Map 11, Lots 98, 98-16, 98-17

Doug Young explained that he had a thirteen lot subdivision on Crowell Hill Rd approved by the Vassalboro Planning Board in June of 2004. Three of the back lots of this subdivision that were larger lots with no direct access to Crowell Hill Road have not been sold. This subdivision proposes to combine those lots and re-divide them into fourteen lots. A road will be constructed from the Nelson Road to provide access to these lots. The subdivision final plan will be submitted in the middle of 2009 so that a five year waiting period is satisfied and Doug will not have to apply for a Site Location Permit from DEP.

Doug P. questioned whether the three lots, which were confirmed by Doug Y. to be a part of the original subdivision was actually a new proposal or an amendment to the original subdivision approval. Ginny read a citation from the Planning & Land Use Laws handbook. This confirms that any new subdivision approval that is a revision to a previously approved subdivision shall indicate that fact on the application and shall identify the original subdivision plan being amended. Doug P. indicated that the new subdivision plan must contain wording that references this as an amendment to the 2004 approval.

Ginny indicated that there will be a performance bond required for the new road. Doug Y. indicated that he would like the road to become a town road. He has had 18 test pits dug already for the septic systems. The topic of having full HHE-200 forms for each lot was mentioned again. Doug Y. thought that this may not be necessary due to the similarity of soils for each lot, but he acknowledged that he could provide this information.

Doug Y. asked how soon the road needed to be paved. Paul mentioned that there is no time mentioned in Vassalboro’s Road Construction Ordinance. Ginny indicated that paving would be required within one year. Paul mentioned the importance of involving Vassalboro’s Road Commissioner throughout the road building process for inspections so that costly corrections will not have to be made.

Doug P. mentioned that the road and subdivision could be constructed in phases where only lots on an approved road section could be sold. Doug Y. asked if contours at 20 foot intervals was acceptable and the Board concurred it was. Doug Y. asked about preparing a storm water management plan. Paul said that this is usually done by engineering firms together with the road plans. Doug Y. indicated that he will have the preliminary plan ready by January of 2009.

Rose Spaulding
Minor Site Review
Beauty Salon Business
Tax Map 11, Lot 37

Rose Spaulding is proposing to move her beauty saloon business from Winslow to 244 Main St in East Vassalboro. Ginny asked about any exterior changes and Rose indicated that there were none. Dennis Spaulding formerly had a business in a garage that is a Quonset hut type of structure. There is no business in there now and it is used as a personal garage. The parking area for this former business will be adequate for the beauty saloon. The beauty saloon will be in a structure attached to the rear of the home and attached to the garage. The site plan was determined to be complete by motion of George, and seconded by Doug. All in favor.

Next the performance standards for a minor site review were considered as follows.

1. Provisions for vehicle loading and unloading. - No significant issues. Motion for approval by George. Seconded by Doug. All in favor.
2. Location of height and location of proposed structures and uses not detrimental. No significant issues. Motion for approval by George. Seconded by Doug. All in favor.
3. Provisions for on-site landscaping, screening, and buffering from adjoining neighborhood. - No significant issues. Motion for approval by George. Seconded by Gary. All in favor.
4. The proposed use will not impact public facilities and storage of material will be adequate. - No significant issues. Motion for approval by George. Seconded by Doug. All in favor.
5. Adequate provisions for stormwater - No significant issues. Motion for approval by George. Seconded by Gary. All in favor.
6. Adequate provisions to prevent soil erosion and impacts to ground and surface water. - No significant issues. Motion for approval by George. Seconded by Doug. All in favor.
7. Adequate provisions that exterior lighting to not provide hazards to motorists. – Doug asked if the sign would be lighted and Dennis said no. No significant issues. Motion for approval by George. Seconded by Gary. All in favor.
8. Evidence for financial capacity. - Motion that this is not applicable by George, since the structure and exterior work are already developed. Seconded by Doug. All in favor.
9. The proposed development will not create safety hazards and provide adequate access for emergency vehicles. – No significant issues. Motion for approval by George. Seconded by Doug. All in favor.
10. Adequate provisions to insure noise, vibrations, fumes, odor, dust, and glare are not detrimental to neighborhood. - No significant issues. Motion for approval by George. Seconded by Gary. All in favor.

The site review permit as a whole was approved by motion of George. Seconded by Gary. All in favor.

Future Schedule

The first and second Tuesdays of November are Election Day and a holiday (Veteran’s Day). A discussion developed over when the next Planning Board meeting should be. It was decided that it will be on Nov. 11. The next meeting to discuss the Shoreland Zoning Ordinance revisions will be on Tuesday, November 18.

Subdivision Issues

George mentioned the importance of including all conditions with the Subdivision Plan. There was agreement that a performance bond will have to be included on the Subdivision Plan. Doug mentioned that the Board usually knows about the conditions during the preliminary plan, and they should be required on the final plan rather than writing them in at the meeting.

The meeting adjourned at 8:55 pm.