Shapleigh Planning Board approves Golden Heart Estate wedding venue

[0:00] Chair/Planning Board member: For tonight's agenda, first, the business's reading of the minutes from the previous meeting, which was on Tuesday, August 25th, 26th. Any changes needed? [0:14] Applicant's representative/attorney: All right, we'll move it to the next one. That was a pretty room. [0:18] Chair/Planning Board member: I'll take a motion to accept the minutes as read. Second. Bill is second. Everybody in favor? Okay, minutes are accepted as read. Okay, who was it, guys? I missed it. Who was here? Maggie. Maggie. Bill. I'm Bill. First order of business tonight is the wedding and events venue for the Wheeler's on 625 Ross Conner Road, and Mr. Attorney Benjamin Plant is here representing the family. I'll go through the conditional use permits and ornaments, but we did receive, if everybody received a copy of the Casella Service Agreement and the Fire Marshal's Certificate for the Golden Heart Estate Heron Hall and also the Banquet Barn for that. [1:30] Applicant's representative/attorney: And we also provided updated plans, which I think everybody has. I have some extra copies if you folks don't have them. A couple minor changes were made to the plans after the site walk, the planning board had identified two areas where, as I understood it or as we understood it, they would like to see additional lighting. So there has been a light that has been added to the corner of the mansion, which provides lighting for folks who are parking across from the mansion. And then there is an additional light that has been added next to the basketball court to light that area, that parking area. [2:19] Chair/Planning Board member: And we do see that on this. You added the map and lock to it. We did. [2:26] Applicant's representative/attorney: We added the map and lock to it. I'll add that my understanding of where the planning board left things at the last meeting was that you had largely assessed most of your conditionally used standards And tabled the application with directions for my clients to install landlines in the barn and the dance hall. And those bones and landlines have been installed. They're operational. We do have a contract or a bill from our provider for the landlines as well as photographs of the phone and a service contract for the work that was performed to install those phones. [3:15] Chair/Planning Board member: So we'll just need a copy of that for our record. [3:17] Applicant's representative/attorney: Yeah, sure. And I can distribute that to you folks now if you'd like. [3:36] Chair/Planning Board member: Is this like one of each or something? [3:39] Applicant's representative/attorney: No, all the same. Okay. Those are the photos. Wonderful, thank you. Tractors, installation, trouble two. That's awesome. And I can have this? Yeah, reserved. [4:10] Chair/Planning Board member: So I'm just going to go ahead and get started and go over briefly the ordinance because we've been through them a few times. So under 105.73 are conditional use permits. Under one, all plans for conditional use is presented for approval under this section shall be drawn at a scale of not smaller than 1 inch equals 50 feet and showing the following information unless the Planning Board waives these requirements. And we'll just go right to the name and address of applicant, the name of the proposed development, a copy of the deed of ownership, the assessors map and lot number, and the board did receive a copy of the deed and the a proposed site plan drafted by John Ritten Jr., licensed professional engineer, and that was dated 5-26-26, which depicted the name and address of the applicant and the name of the proposed development, the Golden Heart Estate Wedding and Events Venue, and the plan is to a scale of one inch equals 50. The assessor's map and lot was placed on the final plan, which is dated 9-15-2026. So that takes care of that ordinance. Under 105-18 is our dimensional requirements and the minimal land area, front setback and side setbacks are all met for the proposed site plan that we have on file. And we can go to 105-21, traffic. So traffic, the minimum site distance for this location is 240. The minimum site distance are met shown on the proposed site plan dated 5-26-26 and per the site distance report dated 4-9-26, which was done by John Witt and P.E., which suggested the removal of vegetation between both entrances along Ross Corner Road for better visibility. Due to the high number of traffic issues along the stretch of the road, event signs shall also be placed per the sign plan provided by the applicant and will be a condition of approval. Under 105.22, noise. The hours of operation are noted to be between 8 a.m. and 11 p.m. with limited noise levels after 10 p.m. Under 105.23, dust, beans, vapors, and gas. masks. The proposed business does not produce anything that would harm the soil, person, or property. 10524, odors. This business will not produce harmful or offensive odors beyond the lines. 10525, glare. General lighting is noted on the proposed site plan, and this was the dated revised plan of 9-15-26. On June 23rd, the board discussed the lights near the tennis courts have an additional lighting and lighting on the northly corner of the mansion parking area. The updated site plan depicts additional lights on the side of the mansion and adjacent to the basketball court, which we were kind of calling it the tennis court and so the basketball court. So it did the lightning and the lighting is that currently in place now? Is it already done? It hasn't been installed. Okay. Well, the one on the back of the house is there, but the one at the court is the only one that hasn't been installed yet. Do you have a tentative date for installation? I could have it installed this week. [8:02] Speaker C (unidentified): We could say by Friday. 105 [8:14] Chair/Planning Board member:.26 stormwater runoff surface water runoff shall be minimized and shall be detained on site if possible and no on-site changes were being made so therefore no stormwater management was needed. 105.27 the erosion control no again no on-site changes no erosion control measures were required. required. 10528, setbacks in screening. There's no outside storage or safety hazards. No additional screening was required. And we've been out to the site a few times as well, for the record. 10529, explosive materials. Any propane gas shall comply with NFPA 58, liquefied petroleum Gas Code 2001 edition for that ordinance. Under water quality 10530, there's no outdoor storage of fuel outside of propane used for heat which must comply with the NFPA regulations. 10531, preservation of landscape, landscaping of parking and storage areas. The existing vegetation between the parking areas and the nearest neighboring property shall not be removed in order to keep the vegetative buffer in place and at that site there's a lot of vegetation between properties for sure. 105 32 the relation of the proposed building to the environment there's no new buildings being added in the existing building fits in well with the surrounding area. 105 33 addresses refuse disposal and we do have a copy of the service agreement from Casella for an eight-yard container and that agreement was dated I was looking at the 5-1-2 never mind, it's on there it's on there, we have it we have it again off street parking and loading so the parking plan shows a total of 68 spaces 200 square feet in size the board agreed there is adequate parking for the wedding and event venue based on the ordinance requirements and the number of spaces proposed, which did include the ADA parking spaces? One question, just because I have just received the document from the fire marshal, is that with the limit of people that they're allowed to have, is that going to change the parking? No, it meets the 150 people. Okay. I didn't calculate it because, yeah. Okay. Okay, so that's been met. 105.46, sanitary provisions. So we can go right to B because it's a private sewage disposal. So the board received two subsurface wastewater disposal system applications, one for the banquet barn and Karen Hall, and the other for the residence, which is called the mansion. The system associated with the hall was drafted by Joseph Noel, SE 221 dated 7-19-93 for a pool bathhouse workshop for toilet and sink with the design flow 100 gallons a day. The board did receive a legal opinion stating that we could not review or include the use of the resident slash mansion. Therefore, the septic system associated with the residents shall not be considered by the board or used by the applicant meet the sanitary provisions for the wedding and events venue. The applicant's counsel stated on June 23rd that the existing system to be used for Heron Hall would require additional support by portable toilets when the guest capacity reached 12 individuals along with three employees. This will be a condition of approval and will need confirmation by the code enforcement officer in writing that this meets the town and state requirement prior to operation. Solution. Under G, standards applicable to conditional use. One, and I'll just kind of go through those quickly. One, the impact of spawning grounds and fish, etc. There's already, the construction's already done and in place and they're not near a nearby water body. Two, it's not applicable in reference to shore cover. Three, the use with the comprehensive plan and the comprehensive plan has no issue with low-impact commercial businesses, so they fit in that section. Our standard for again traffic access, the site is safe. Road Commissioner Darren Rogers previously stated two vehicles could enter and exit the parking area. He would not speak to the safety aspect at the time. The applicant provided site distance information from the Haley Ward Company which Confirms site distances can meet the minimum in both directions due to the accident rate and the general vicinity on Ross Corner world, as noted by the neighbors and the fire and rescue department. There shall be event signs required placed along the road, which will include at least one lighted sign to notify traffic of an event in progress. A sign plan was provided by the applicant. The applicant will also need to keep vegetation down alongside the entrance and exits for visibility, as suggested in the site distance report by the site design. In reference of flood hazard protection and the location is not in a flood hazard zone on the FEMA flood hazard map. Six, the adequate provision for the disposal of all wastewater and solid waste has been made. The Planning Board on June 23rd unanimously agreed the review of the wastewater system for the resident would not be part of this review based on the legal opinion received, but it was noted by the board they believe the existing system based on the applicant's stated use of the resident and as advertised on their website did not meet the requirement for the additional number of bedrooms based on the state standard for the increased number of bedrooms. The board agreed there will need to be supplementation for the subsurface wastewater system for the banquet barn in Heron Hall when capacity is greater than a total of 15 people. The board will require a statement from the code enforcement officer that this will meet the state standards for the proposed use, and if additional measures are required by the CEO, the applicant shall put them in place. Can I just ask a quick question? [15:20] Applicant's representative/attorney: So there is, in the record, a letter from your former code enforcement officer confirming that our proposal is compliant with the state's rules. And there's also an email from the state's site evaluator confirming that it is consistent. So I'm not sure I see. [15:40] Chair/Planning Board member: It's for the 15, Ben. It's for the 15 that you stated because we don't have something in writing on that. We have it for the other. The last meeting you mentioned the 15 and I know it meets because I read the subsurface wastewater rules, but we need for the record and Brian Paul's already look at this. We just need him to say yes [16:01] Applicant's representative/attorney: it's fine and he's confirmed that he's comfortable with that. We have to, he, well, he has to because he [16:07] Chair/Planning Board member: Has not seen this yet, but I don't see, I honestly don't see an issue because I read it. Yeah, I well, I read it, and just for the file, because he, the last CEO, didn't see your last proposal. We don't have that. What you stated does meet the state rules, but we just, there isn't, I don't see anything holding you up with him just putting that for the record for us. And basically, it's just to make sure that we dotted our I's and cross our T's. [16:37] Applicant's representative/attorney: Yeah, I mean, it's essentially the same proposal, just with different thresholds. [16:42] Chair/Planning Board member: But this is covering the planning board. That's if you know what I'm talking about. Yeah. And I know you already read it, so you know that it meets the state requirements, as do I. But I have no authority, so I can't say. Oh, good. Yeah, because I'm not an LPI. Only an LPI can state that. That's the problem. So that's just the condition that he states that. Okay. Yeah. I don't foresee, because I would state it, I don't foresee an issue, because all you have to read is the state requirements. Does that make sense? I'm not an LPI. That's why he needs an LPI because Mike never saw that. Do you know what I mean? He saw what you proposed the first time, which we're agreeing to, but what you stated, he wasn't here. [17:34] Applicant's representative/attorney: I wouldn't be proposing it. We wouldn't be proposing it if it wasn't compliant. [17:38] Chair/Planning Board member: But I'm not an LPI. Only an LPI can say, yes, that's fine. I don't foresee. I did speak with Brian Paul. I don't foresee an issue. But only he can state it for us. Okay. Yeah, we're not allowed to. Yeah, we don't have that state to stand. So under seven, the adequate provision for transportation of storage and disposal of any hazardous materials, there's none generated. Eight, again, stormwater drainage system capable of handling a 50-year storm, and there's no changes on the site that would affect stormwater drainage. Under nine, provisions for soil erosion, there's no changes on site including the parking area, so no erosion control measures are required. Ten, there's adequate water supply to meet the demands of the proposed use and for fire protection purposes. That's our ordinance, and there is fire marshal approval for the two buildings being used for the current application on file. Karen Hall was approved for a maximum capacity of 150 people. The banquet barn for 231 people. The board shall limit the capacity for any events being held to 150 people total as Heron Hall is the limiting factor. The Shapley fire chief also in a Letter dated October 5th, 2025, stated the original three items the department required were met, which included leaving the driveway open for fire and rescue vehicles, installing a Knox box at the main gate with all the keys to access any locked doors on the property, and to allow a tour of the property with members from the Shapley Fire and Rescue Departments. The letter stated that after the site lock, both he and the rescue captain agreed that they would require a hard wire phone line to be installed in all three buildings with signage stating, in case of an emergency, dial 911, and a subsequent letter from the fire chief and this one was dated June 19th, 2026, the fire chief stated that he's okay with the use of satellite phones in place of land lights as long as they are available where the function is being held, which is the banquet barn and Heron Hall. On June 23rd, the planning board tabled the application until the application has telephone service in those buildings, and now we have evidence of the telephones put in Heron Hall in the banquet barn there. We have on file now, we have pictures of the phones that are in both of those locations, and also the company that's going to be providing service, so we do have that on file, so do you guys feel that's [20:37] Speaker C (unidentified): I think maybe the only thing that I don't see is with the sign extending in case of emergency to dial 9-1-1. You know, it seems kind of petty, but it [20:47] Chair/Planning Board member: is noted. Yeah, we have it by the fire chief. Yeah, the cheap one. [Speaker C (unidentified): It could be] something else. Just put a sign up there that says call 9-1-1. And then, again, our 11 is the buffer strips and landscaping. There's existing vegetation along the lot lines that shall be kept in place. Noise shall be limited after 10 p.m. There's no strong or dazzling lights going beyond the lot lines, and there's no dust, odors, or the like for this application. And 10 all-performance standards in this chapter applicable to the proposed use will be met. And as far so far they shall be met with the conditions unless somebody has any questions or anything else based on the legal opinion drafted by Joseph Savisky acting town attorney and a letter dated June 23, 2026, the planning board does not review or approve the use of the residents also known as the mansion and the correspondence as part of this application approval, which includes capacity requirements for the existing subsurface wastewater disposal system for the residents or for any other Safety issues associated with the use of the residents. The Planning Board does not approve the use of the residents or the mansion for any use associated with the wedding and events venue, including but not limited to caterers, muted music providers, or any person attending the venue. Two, pursuant to Zoning Ordinance 105-73H, conditions attached to the conditional use, there shall be no more than 150 people with or without tables and chairs at any one event based on the Fire Marshal's approval for Heron Hall, permit number 50920, expiration date 8-12-27, which is the capacity limiting factor. The applicant shall adhere to all permit requirements for the State Fire Marshal's Office. 3. Pursuant to 105.22 Noise and 105.73H, the hours of operation for the weddings and events venues shall be 8 a.m. to 11 p.m., Sunday through Saturday, with no music or loud noise allowed after 10 p.m. Pursuant to and 105.73H lighting shall be added next to the tennis court to provide additional lighting for people leaving after dark for safe passage for the site plan provided dated 9-15-26. No event shall take place until the code enforcement officer determines it has been completed and a letter from the CEO stating that it is in place is provided to the applicant and Planning Board for the file. I just want to make note that we're calling it tennis courts and you call the same thing to see it's not a new location they're connected. Okay, I just say we're adding something the courts, the court of course, and I and to go with condition number four I'm thinking that the code enforcement officers probably not going to provide that letter until that other lights up. Pursuant to 105.33, refuse disposal in 105.73G6, standards applicable to conditional uses, all solid waste shall be placed in a dumpster currently contracted through Casella and disposed of at the proper facility. 6. Pursuant to 105.73G4, a total of 17 caution signs shall be placed on site per the site plan provided, with 7 being placed along Ross Corner Road, stating event in progress, stating please slow down, and 1 stating slow. low. One sign shall be lit with LED lights and placed in a location to give notice where people enter or exit the parking area after daylight hours. The signs shall be taken off the side of the road when no events are taking place within 12 hours. Seven, pursuant to 105.73.G.4, based on the site distance report from John Whitton, Jr. P.E. report dated 4-9-26. A site window shall be maintained between the two entrances to improve site distances, which includes the clearing, removing, and or trimming of all vegetation between a one foot and four foot vertically from the existing ground elevation from the edge of the roadway to limits of the Ross Corner Road right-of-way along with continued maintenance for maximum site distance for each entrance. 8. Pursuant to 105.73G6, 105.73H in the Maine State Plumbing Code, toilet units shall be placed for the site plan provided and shall not be in place for more than seven consecutive days unless otherwise approved by the code enforcement officer. When any event exceeds a total of 15 people on site, including staff, portable toilets shall be made available. The applicant shall confirm this number with the Code Enforcement Officer prior to operation to be sure it meets the town and state standards and that no other measures need to be taken. Nine, pursuant to 10531, preservation of landscape, all existing vegetation surrounding the parking area shall remain in place to provide an effective screen from neighboring properties. Ten, if any of these conditions are not met, as stated, action shall be taken by the Code Enforcement Officer pursuant to section 105 63 c 1 and 105 66 of the ordinance and I forgot to mention my fault and reference to the condition with the signs is that there will be two placards saying in case of emergency please dial 9-1-1 whatever however you want to word it and one reach the dance hall and the banquet bar next to the phones anybody have anything else before i ask for approval motion i will take a motion to approve the wedding and event using the banquet farm and the hearing hall only and accepting the parking plan provided with the stated conditions located on map 8 lots 34a and 34b I'm going to try, I'm really going to try to get it done tomorrow, but I just can't [28:23] Applicant's representative/attorney: Okay. It's on my... Your first one. Okay. Thank you both. [28:35] Chair/Planning Board member: Okay. Going a little bit forward. And growth permits. No. No growth permits. Okay. And then we do have some letters. [Speaker C (unidentified): The first...] So I gave you a copy of the... Yes. I was looking... Yes. I was looking at the letter, correct? Yes. I have to go in order for you. Okay. No, I'm asking because I didn't know if I thought I mailed it to you because I didn't bring it. Oh, yeah. So the letter for the CEO. Oh, that was for the last meeting, right? Yeah. We did that one already for the Ted's Fried Clams. And that might be something you want to speak about with the CEO. Yeah, because we haven't got and they haven't been in front of us and they need to be in front of us. Yeah, he did set a deadline, right, for the 26th? It was. Was it the 26th or something? [29:28] Speaker C (unidentified): I don't have it in front of me, but I know it will be. [29:30] Chair/Planning Board member: Yes, I have it in my bag. Okay, it's okay. So they have until then, and after that, then when you guys sit with Paul, that can be one of your items to discuss. And then the... Oh, Thomas Pitts, did you see that? The date of completion, 831st, 831-26 has not been met. We haven't received any photos. I was bumping you back up to Thomas Pitts. Thomas Pitts. From your information? Thomas Pitts. I want you to look at the plan. Oh, I circled it. Sorry. That's okay. No, it's fine. I wanted you to look at that to see if it met, if you think it meets what you stated. I'm not, I don't know. Okay. Please look it over. So we have new photos showing, this is on the pits. And apparently he gave them to us a month ago, and they sat in the town clerk's office in a pile somewhere. Oh, no. So that's why I'm just getting them. When I emailed him, he was like, what are you talking about? I provide them, I don't have them. And all of a sudden they mysteriously ended up in my inbox last week. Okay. Which is fine. but that's well it's definitely have something there now compares to the other pictures that we have I'm just not sure I don't know if I see our condition I'm looking to see what we had requested okay so we did send a letter to them on July 29 25 and let's see the approved plan that we did way back when we did this. The land along the end of the proposed 10-foot expansion disturbed by the excavation would be covered with erosion control mulch and revegetated as a garden with native bushes including junipers and blueberry bushes, which need to be native. So we voted to require three junipers and three blueberry plants at the minimum. I just can't tell if they're there. Can you? And we're only seeing a tag for a juniper. This looks like a blueberry. Oh, there is a blueberry. Okay, good. Yeah, this one. So maybe they are there. It's just hard to see. Yeah. Yeah, it's just hard to see. So I do see the blueberries. [32:19] Speaker C (unidentified): He's got the blueberries? [32:21] Chair/Planning Board member: Yes, I do see those. And then... They might be all set. And then we'll see it on junipers. I think I saw a little on juniper. I think I saw a juniper. And the junipers will spread, the blueberries will spread. As long as the deer don't eat them. [32:41] Applicant's representative/attorney: I'm sorry to interrupt you, but I just got a text that I'm not on the agenda now tonight. [32:48] Chair/Planning Board member: No. Oh, I thought you wanted to talk to us after we were finished. [32:52] Applicant's representative/attorney: No, I thought I was. [32:53] Chair/Planning Board member: Oh, no, we told Tyler like at round six that he didn't have anybody on the agenda today. Because we didn't get our paperwork or anything. [33:04] Applicant's representative/attorney: What paperwork should you get? [33:06] Chair/Planning Board member: So he has to provide, anybody that comes in front of us has to provide us certain paperwork that they're aware of so that we can review it before the meeting. And we didn't have that in time. [33:18] Speaker C (unidentified): Okay, wait, didn't he come twice before this? [33:20] Chair/Planning Board member: Yeah, but there's other things. Yeah, there's other things that we have to have. And he's aware of that. Okay. [33:27] Applicant's representative/attorney: But I didn't know. I didn't mean to interrupt you. No,, no. [33:29] Chair/Planning Board member: I thought you were going to. I would have been sitting here all night. We don't care. We like people here. I know, but I'm so frustrated with this. [33:37] Applicant's representative/attorney: You know, not your fault, but I don't know whose fault. [33:41] Chair/Planning Board member: All I want to do is be retaining well to keep the dirt out of the lake. It's a process. It is. it's terrible so I apologize for the interruption I'm thinking [33:53] Applicant's representative/attorney: will I be next [33:54] Speaker C (unidentified): and I won't go through [33:56] Chair/Planning Board member: alright thank you alright we'll see you next time okay so I'm good you guys are good with this you guys good with this I'll let them know and we'll do a letter sorry about skipping that 's okay I was just trying to go in order so I don't know what happened. Okay. All right, then. Okay, LeClaire's. Let's see. So that was replacing retaining wall and stairs. Okay. Supposed to be completed by 831. We haven't received any photos. 89 Pine Cone Drive. So... Did I send you the... Anything on them? Did I send... Okay. So I have an open folder in my bag. But I don't. So, well, it's just basically. Did we get a notice of violation out to him yet? No, because they just expired. Okay. So they were supposed to be done by August 31st. Okay. And I have nothing from them. They have 20 days from that date to provide us with the photos. And we just passed the 20 days. Why do we have a date of completion and then still give them 20 days? That is DP rules. That's the DP rule. Sorry. We have to follow the rules. Well, it makes sense. Two years to do the work, and then they have up to 20 days to get the photo. They're just up now, so I guess my question is, what do you want to do about that? Well, we need them. If not, we need a notice of violation letter sent out. [35:31] Speaker C (unidentified): So you want me to inform [35:33] Chair/Planning Board member: Brian that this has not been met? That's it, and then the other one too. It's probably the same thing. This is on 174 Cedar Drive, map 34, lot 22. That completion was supposed to be August 31st, and we haven't received a survey letter, final plans. Yeah, I don't have a survey letter for that either. On that one, that one needed a survey letter. So yeah, a letter can go out on that one too. So I will inform Brian of those too, and hopefully we can move forward. And we've got some other ones that we had requested something happen, so I'll try to compile that as soon as I get back and talk about all of them with Brian. I'm not going to mention it because it's not on the agenda, but one of the applications that we've tried to get information on for over a year, multiple times, the neighbor came in and said, Barbara, I thought this was supposed to be done. I said, you are correct, sir. All I can tell you is we have tried and we have tried and we have tried. And so he went up and talked to Brian, and I don't know where that's going, but so at least it's not just us. Yeah, well, because this is the whole thing, you weren't here when that whole thing was approved, so yeah, there was an interesting journey in it of itself, so I can, I knew why the gentleman was upset. Anyway, but I think we'll do another list, and maybe that part that can be part of our little workshop, we can say how should we help you, Brian, accomplish this? Maybe, I don't know, you know, how can we work together to solve this problem? Yeah, so that may be helpful, you know, so when he sees what we're coming from and vice versa, we can come up with a new game plan, because what so far is not working. I mean, for us to, for me to constantly have to beg these people is not, babies say we shouldn't have no, and I think if something was just said matter of fact, this has to be complied with by X and war, whatever, perhaps the or [37:50] Speaker C (unidentified): whatever is the problem, because there's just nothing at this point. Yeah, and we [37:53] Chair/Planning Board member: Need the whole way around, yeah. I mean, like, you know, and noted and acting that they do it or whatever, yeah, we used to do years ago or whatever, so but it. But it could just be, again, we need to discuss this and see where we go. Yeah. We should discuss it, but probably offline is better. [38:14] Applicant's representative/attorney: Well, we need to do a workshop. Yeah, that's what I mean. [38:16] Chair/Planning Board member: Yeah, we'll do a workshop and focus on that one. Yes. And just move forward with, you know, change will happen. It just takes a little time. So we did do a site visit at 130 Indian Village Road today. The entire board was there. Tyler Matthews the applicant the property owners were not there but so we did go look at that which we'll be working and looking at more information on that but we do have a letter from and this is dated 9 16 26 as from Grant Southerd and he states I'm writing to provide my comments to the proposed installation of a full foundation at 130 Indian Village Road. My wife and I are the extremely close neighbors at 134 Indian Village and our cottage is just eight feet to the north of the Keith's cottage. I spoke with Janice Keith yesterday to ask what the extent of the proposed work she said it was intended to be a full-size basement with the side facing the lake being a walkout. My concerns are one the property line between the cottages goes right down the middle of the space between the cottages leaving only four feet on the keep side for excavation. This would seem to be extremely narrow space to provide room for excavating equipment. Potential damage could be done to our cottage and its foundation which is on concrete piers during the process of excavating lifting of the house and foundation installation. What is the planned process to do this work and safeguards used to prevent potential damage? Then he had another paragraph. The two houses sit on the top edge of a banking rising up from the lake. If the basement excavation requires an 8 or 10 foot excavation in depth under the house, a walkout type foundation on the lakeside will require the banking in front of the cottage to be removed some distance toward the lake. Is it acceptable to change the topography of the land in front of the cottage on the lake side? Question mark. On the side toward our adjacent house the banking would still exist. What is the plan to hold back this newly created banking on the north side between the properties? Question and then would a retention wall of some kind be required to hold the soil back? Another question, I live in Rhode Island and may not be able to make the meeting in person. I understand there is a video feed to watch and listen to the meeting, but currently no way to interact or participate in the meeting virtually. Would it be possible to have a telephone call during the meeting to listen and interact in the meeting as appropriate? Thank you, Grant Southerd, and then his phone number. And if he's going to watch this video, we are going to be addressing all of this. Yeah, and I told him, so it's going to be in progress. I'll let him know, because I think he's going to come, even though it's a three-hour drive. Okay. Okay. We just need to get more information on that because we also are concerned at that site location. And then regarding 260 Indian Village Road, this is from Jeff, who is DP, he's Assistant Shoreland Zoning Coordinator, and there was some emails going back and forth between Tyler and Jeff. And Jeff asks also some additional questions from the planning board's standpoint. And it started out with Jeff sending me an email saying, Hi Ann, Tyler Matthews has reached out with regards to the replanting plan requirements at the subject property. I'm checking in to find out why the planning board is requiring 46 plants both above the proposed wall and below it in what appears to be previously existing non-vegetated surface based on the photos I was sent. And then a response was made. I sent a quick email back because I didn't have anything in front of me at the time. Yeah, I was all in the office. And wanted to get everything together so that Jeff could kind of see the whole picture. And I also in my email had mentioned to Jeff to get photos of what Tyler was talking about as well, so I think those were forwarded to him. And then Barbara replied going through, just as Ann Harris asked me to provide you with some information regarding the application before the board and what they are in fact reviewing the application under as look at the filer, this is for a replacement wall in the Troyland District in Shapley's zoning ordinance, several sections of the ordinance apply, which Is section 105.3 E, F, and G, 105.4 D.11, section 105.39 D, section 105.51.3, and section 105.73, and then section 105.4 D.11 A.4, which states there shall be a detailed vegetation plan provided which includes placement quantity type and elicit species needed to the area for all disturbed areas for the plan project only native species of vegetation shall be used to establish an effective stormwater buffer for the area behind the replacement wall in quantity sufficient to retard erosion and provide the effective infiltration of stormwater runoff after site inspection the Planning Board made a determination of the area to be disturbed by the removal and replacement of the retaining wall until the site review has taken place the final decision regarding disturbance and the stormwater buffer will likely not be determined on the number of plants placed for any given project are based on the type of plant the amount of area it will cover when mature and the amount of area that needs to be established to prevent future erosion taking into consideration the existing way of the land and with the area to be affected by the project looking at the plan in the file the wall being placed is 74 feet in length. Again, the type of replacement vegetation determines the number of plants. The applicant, Mr. Matthews, has determined the type of plants to be placed and the number, I assume, based on the choice of plants. As you know, the Planning Board is the reviewing authority and their interpretation of the ordinance is what applies. But we always appreciate the guidance that the MDP provides and stating I hope this answers your question. If you need anything further please feel free to reach out and that was on one of the properties that we saw so those are the only letters we have received so far okay so anything else that the planning board needs to address tonight we're gonna have workshops I think that's yeah I think that's the biggest thing is and let's move forward some workshops to make things more clear. I mean, just the fact that people aren't providing information prior to the meeting and to me, it's supposed to be to me and the code enforcement officer the Wednesday before the meeting they wish to attend. It's written on the application in several places, and it's not happening. And the reason for that is both he and I have to review for completeness based on what you required previously, and he has to review it based on state law. So if we don't get it, so we both got it at 3 o'clock today, right? It's a problem, and it keeps happening. So I don't, you know, maybe we need to add it in several places to the ordinance, I don't know. So but we have it in our bylaws, and we based on the bylaws it is in on all the applications, and it's I put it in red. I don't know what else to do, guys. Purple, pink, pick a new color? [46:35] Speaker C (unidentified): I think red's great. Yeah, I don't know what else to do. And they just don't make the agenda. [46:38] Chair/Planning Board member: Well, I think it's fair to say. [46:40] Speaker C (unidentified): Maxie and Ben, right, because they're not on the agenda. [46:42] Chair/Planning Board member: I think it's fair to say, too, that 99%, well, I'm going to say 95% right now, 95% of us not putting people on the agenda when they want to be is because of human error not getting us the documents that we need correct. We do have a little bit of a margin because our postal service is so bad, but to me they can hand deliver it to me. Yes, this isn't about, you know, I agree, and that's why I told you if you get it in the mail, like I know he sent FedEx. Yes, I received, so that's why I said, and he tried. He has the bill of lading, he can't. I think all of us are okay, but it's very constant that we are not, because we are all volunteers, and yes, I'm working a lot. [Applicant's representative/attorney: But.] I don't mind taking my weekend to go through everything, but I have nothing, right? That is not fair to the board, and you're not to review it here, and that's the whole point of all of it. And if you look at any the other towns, they have, they request the same thing for that reason. You don't, you know, it's dear to headlights when you get it at the meeting or just before the meeting. You can't succinctly go through everything step by step. I mean, otherwise your meeting is going to be first of all five. Hours long, right? Secondly, you requested. [48:10] Speaker C (unidentified): The information, right, so it's supposed to be to you the Wednesday before the meeting, so when he drops it off at my house, that's kind of meaningless, right? [48:20] Chair/Planning Board member: Yeah, but it's got to come to me and the CEO, and we've all got it today. We're that first gate before you guys look at it, and we can't, you know, it's happened several times that way. So I think we're doing really good being consistent with everybody and doing it across the board, no matter who that person is. Exactly, so that is a hundred, well, not a hundred percent better, but close, way better, a lot of. [48:53] Speaker C (unidentified): Improvement time. Yeah, oh, I don't know. I think a workshop, even just to go over the audiences, would be great, just to be a little sharper. Yeah, we have to with authority and things, because I, it takes me [49:04] Chair/Planning Board member: a while to, and it's nice to me, I mean, it would be nice to know too what everybody in Shapley wants. I wish more people would get involved. Well, it's what they want is they don't want a zoning ordinance, so most, a lot of people, because it's restricted, so it's, that's what the comprehensive plan's about, and that's what that group is doing. Your job is to look at the existing zoning ordinance, and I agree that we have to hold three public hearings, which we will, and that's their time to right discuss it with us, and if they want it, you know, if they want, if some things don't make sense anymore, absolutely, tell us if it just doesn't make sense. But shoreland zoning, guys, is shoreland zoning. Well, we have to. That's not going to change. That's not going to change. No, and it shouldn't. I mean, there's a reason for it. And more than half of what we do is shoreland zoning. And it's that the townspeople, I mean, people that want to be in rural with lots of trees and water and healthy environment. Well, it's protecting the water. It's the only reason it's in place. If they don't like that, you know, if they want to be more in the same, you know. I mean, I know the, you know, Brian and I, and you may have talked to Brian about it, but he's not on the water, and he's very concerned with some things that have taken place, and he goes, how are you going to bring it back? I said, I don't know. But at least we, going forward, we can just, you guys are doing a fantastic job at really requiring the vegetation plans. I would say, I would say in the past year, you've really taken direction to heart that this creates a nice buffer. And you've established a pattern. Doing those workshops with us, the DEP people, you know, and then learning the quality of water. Well, I think our question's asked because there's a gentleman in the DEP that we spoke with who was very adamant and succinct on what we should be looking for. And I think that gave us a lot of guidance that we needed to be more strict at the time. That DEP program, just to get DEP certified, that's a really interesting program. If you don't go through the certification, it's a really cool thing to watch and go through the motions of it, even if you don't go to take the test. Yeah, it gives you some great ideas. [51:35] Applicant's representative/attorney: I think of racehorses. [51:40] Chair/Planning Board member: Well, let me take a motion to close the meeting, if there's nothing else right now.