To: MLRA Members
Subject: Information concerning plans for property near the head of the lake to be used as a marina.
We wanted to make sure everyone was aware of these plans and to also solicit some feedback from the membership on what our response should be as the representatives of the MLRA.
Please send you feedback to firstname.lastname@example.org as soon as pssoble as the next meeting is Tuesday November 14th.
Conditional Use Permit – Marina – Map 19, Lot 8 (17 Emery Mills Road) –Property Owner
Subject Property currently for sale near the head of the lake.
Town of Shapleigh
Notes from Town of Shapleigh Planning Board Meeting on October 10, 2017.
Conditional Use Permit – Marina – Map 19, Lot 8 (17 Emery Mills Road) – Marc Boisse, Applicant; Wayne Berry, Property Owner Mr. Boisse was present for the review of the application. Along with the application, presented to board members was a sketch plan of the existing lot depicting an existing structure to be used in part as an office and show room, a proposed dock display area, a proposed 40’ x 140’ gravel parking area, a lighted path covered in bark mulch which led to a proposed boat docking area having multiple slips. The sketch also provided site distance calculations of 660 feet in one direction and 560 feet in the other while exiting the property. Pictures of the property were provided depicting the existing structures, those being a house and attached barn, and an aerial view of the property. A document was provided from
Wayne Berry (property owner) dated 10/4/17, which gave Mr. Boisse full permission to make an application for a marina on his property. The detailed description of the project is as follows: Marina (see attached) The attachment read in part: The subject property is a 2.43 acre lot on Lower Mousam Lake with approximately 720 feet of waterfront and 278 feet of road frontage on Route 109. Our application is for 20 seasonal boat slips, dock sales and a small parking lot to serve our customers. We hope to offer a few boat rentals along with the option of renting kayaks and canoes on daily or weekly basis. Roger A. asked Mr. Boisse to tell the board was his intentions were. Mr. Boisse stated the property is located at 17 Emery Mills Road, it is an old farmhouse at the foot of the lake. He stated that he wanted to purchase it but first would like to know if they could put in boat slips and move the dock business from the property he currently owns to this location. He said he wanted to use this property for his business. Roger A. asked if the house on site will still be used as a house, along with having the business on the property? Mr. Boisse stated he didn’t know what they would be doing with the house. He said they would have an office in the annex of the house and perhaps put in a bathroom for the guys that work there, and add a showroom in the garage. He stated they would be adding boat slips and create a parking lot. He noted they would not be able to do it all at once. Roger A. stated the reason he asked was because a residential unit requires two acres and a business requires two acres. Mr. Boisse asked if the whole property is business, did it still follow under that rule? Roger said, yes, 2 acres. Mr. Boisse said again ‘if the whole property is a business’. Roger stated that if it is the business, the residential use will go away if you use it as a business. He stated that he could not have both uses. Roger said you can only have one ‘use’ per 2 acre lot. Mr. Boisse asked if he were talking about them using it or other people. Roger stated that it did not matter, if the property is used as a residence for anyone, then it cannot be used as a business or visa versa. He noted he could not rent the house and have a businesses, it would be one or the other. Mr. Boisse didn’t understand why the rule existed, he wanted an explanation. Roger A. explained that years ago people were concerned with having a business in a residential area, so the Planning Board increased the lot size requirement and the citizens voted it in at Town Meeting. Mr. Boisse noted that Weaver Marine had a large boathouse but the house on the property was not being rented and he thought it was not a good idea. Roger stated that Mr. Weaver had over two acres, so if he wanted to he could rent the house, it was up to him. He said it was not up to the board to tell him he had to use it, it was his prerogative; he had enough land to be able to use it. Mr. Boisse asked if the board ever made exceptions? Roger stated the board could not, the ordinance had to be followed, there is no gray area with the ordinance requirements. Mr. Boisse asked if there were other businesses running two businesses from their property? Roger A. stated there were businesses that had multiple businesses before the ordinance was enacted. Madge B. added that the board was speaking about proposing an amendment to the Zoning Ordinance changing the lot size requirement. She wasn’t sure exactly what it would be
but it will reduce the 4 acre requirement. Roger agreed, but said again, at this moment in time this lot would only be able to have a business or a residence, not both. Roger A. stated that if he wants to proceed, he will have to decide if he wants a business on this location or a residence, the lot cannot hold both at this time. Mr. Boisse stated that his primary goal was selling the docks, having the boat slips and a showroom. He said if the ordinance changes he would take a look at having a residence and wanted to know if he would have to come back before the board. Both Roger and Madge B. stated he would have to come back before the board for a change in use. It would be an amendment to the Conditional Use Permit. Mr. Boisse stated with that being said, they wanted to right now look at boat slips, parking lot, docks for sale, a showroom, office and adding a bathroom to the structure for the employees. Maggie M., looking at one of the pictures, believed there would have to be a lot of trees removed in order to build the parking area. Mr. Boisse wasn’t sure what the size of the parking area would need to be. He didn’t know if it was based on the boat slips, was there a square foot amount for vehicles, etc. Roger A. stated 200 square feet per vehicle was required but he felt with trailers this figure would double. Mr. Boisse stated he was not having a boat launch, he thought people would come to get into their boats and go, for the summer. He didn’t plan on having them launch from this location, so he wasn’t sure if there would be boat trailers on site. He didn’t anticipate trailers being left. Roger said for 20 slips there needed to be a spot for 20 vehicles, which would be 4000 sq. ft. Mr. Boisse stated that he may have to increase the size of the parking that he provided on the sketch. He stated that the parking area would be in the same area, but perhaps larger in size. He said it was 140 from the water, he was trying to keep it as far from the water as possible. Maggie, M., looking at the sketch, wanted to know if the path was in existence at this time? Mr. Boisse stated that it was but it wasn’t as clear as the picture depicted. Madge B. said it was easy to follow, noting she walked it prior to the meeting this evening. Roger A. stated that the size of the parking area would also have to include the office space, as well as the slips. Mr. Boisse stated there was an area in front of the barn. Roger said the office space is going to be X number of square feet and then additional parking needs to be added for that, as well as for the number of employees. Mr. Boisse asked what was considered office space? Roger said what area will be used, is it 20’ x 40’ which is 800 sq. ft.? He said if it is 800 sq. ft., you divide this number by 150, which says how many spots are needed for the office area. He said this would be an additional six spots, plus the 20 for the boat slips and then additional for the personnel. Roger said they could be looking at needing 30 spots, each being 200 sq. ft. in size. Mr. Boisse said this is determined this way, even if it is unlikely everyone will be there at one time. Roger stated that the board had to, this is the ordinance requirement. The board cannot determine how many people will be there at one time, so it has to be looked at, at full capacity. Mr. Boisse asked again if the board needed to know how big the office would be? Roger stated, “The office and the showroom.” Mr. Boisse said he was before the board to see if what they wanted to do was feasible, if it could be done. He said if the board tells him it will not be allowed, then he will have to rethink what he wants to do. Roger A. stated that if this is going to be a business ‘or’ a residential unit, it will be allowed with conditions. If Mr. Boisse wants both at this time, it will not be allowed. Mr. Boisse stated at this time he was looking at the boat slips and the business. Roger noted
that if the ordinance gets changed, then Mr. Boisse can come back before the board to amend the CUP to add the residence. Roger A. believed the boat slips were overseen by the Maine Dept. of Inland Fisheries and Wildlife, they determine if they will be a navigational hazard. Mr. Boisse stated that if the board looks at the picture it is designed so it is not far out into the lake. Roger said as long as the dock is removed, there likely will not be an issue. Mr. Boisse stated that he wasn’t sure he had it in writing but was told as long as they remove them at the end of the season, there would not be an issue. He spoke with the MDEP. Madge asked if he also had to contact Inland Fisheries, because he spoke with MDEP? Roger thought he should also contact Inland Fisheries and Wildlife to make certain they had no issue, as they oversaw the waterways for the State of Maine. Mr. Boisse asked if Roger had a telephone number and he did not but told Mr. Boisse to go to the States website and you will find the contact information there. Madge B. stated trees were being removed, but noted they were more than 100 feet from the water. She said the parking area is more than 100 feet back. Roger A. felt the removal of trees were incidental to construction. CEO McDonough stated that there was another set of regulations for distances between 100 feet from the water and the 250 foot mark. Madge believed it was up to 40% could be removed. CEO McDonough stated 40% applied to the entire lot or a 10,000 square foot opening. He didn’t feel it was an issue with the plan that was submitted. CEO McDonough wanted to address several things. CEO McDonough wanted everyone aware that any changes in the shoreland zone has to be approved by the MDEP prior to the change going into effect. He said even if the board amends the rules governing two uses on a two acre lot, it may or may not apply to this application because anything changed must be approved by the State DEP office. CEO McDonough stated that it was mentioned this evening by Mr. Boisse that he wanted to move his business. He said everything allowed in the Shoreland Zone has to be a water dependent use. Mr. Boisse stated it was going to be docks and boat slips. CEO McDonough agreed this applied but Mr. Boisse stated he wanted to move his business and at this time that is ‘The Whole Nine Yards’ which is also a landscaping business. Mr. Boisse stated that the part he was speaking about was the docks. CEO McDonough stated that that this would be fine but there could not be landscaping equipment and advertising for The Whole Nine Yards landscaping business at this location, it can only be the boat docks and slips. Mr. Boisse stated, “OK.” Roger A. stated at this time it was up to Mr. Boisse as to what he wanted to have. Mr. Boisse stated that he wanted boat slips, and docks. Roger said the board would need specifics, such as the number of docks that will be on site. The area they will be stored in. Mr. Boisse stated this would fluctuate based on when a shipment came in and what was sold. Roger stated, “Put on the plan the estimated maximum number and where it will be stored. The size of the office, the size of the parking area / number of spaces. The number of boat slips in total.” CEO McDonough noted that they would be limited to the number of boat slips requested. Roger agreed and to be mindful because the number asked for will be all there is allowed, without an amendment. Roger said the board will ask for the hours of operation, and noted to keep this number as broad as possible, so they do not have to come back to change the hours. Also, will
the entrance be gated? Roger said if there was any other outside storage it needs to be noted and what it is. Madge B. said the section of the ordinance that may be helpful is §105-43 which speaks about off-street parking. Barbara F. noted that the entire ordinance can be found on line. Maggie M. thought boat rental was mentioned, kayaks, when Mr. Boisse applied he shouldn’t say they might do that, instead say they ‘will’ do it, even if it is in the future. An area where they will be stored should be on the plan as well. Roger A. stated there will be a walkway from the slips to the parking area, he wanted to know if there would be lighting. Madge B. stated that it says there would be on the plan. Roland L. wanted to know if the parking lot would be lit after hours. CEO McDonough stated that part of the Planning Boards job is to ensure that lighting does not glare onto the neighboring property, onto the lake or onto Route 109. There should not be spotlights glaring. Mr. Boisse thought he had written low voltage light but he just wrote path lighting. Maggie said as long as it is aimed down at the path it should not bother anybody. CEO McDonough said Mr. Boisse should make note of all the lighting he will be using and put it on the plan. Roland L. asked if there would be electricity down to the boat slips? Roland said that was another thing that should be placed on the plan. Roger A. stated that the board needed to show pretty close to exactly what was going to be done on site, otherwise if any change is made, it will require an amendment to the CUP. Roger said he needed to be as specific as possible. Roger A. asked if there would be gas on site for sale? Mr. Boisse stated that he had no intention of selling gas, it was available across the river. Roland L. asked if there would be a portable toilet on site? Mr. Boisse stated that he considered it as it made sense, he has seen it in other locations and thought it would be well received. He wanted to know if the board needed to know that too? Roland said that one of the requirements in the ordinance is asking about whether there is any accommodations for handling any waste, so he should address it. Roger agreed and this question will have to be answered. And he again noted the hours of operation will need to be addressed. Roger said to put down the longest perceived hours. Roger A. asked if there were any additional questions? There were none. Roger said the board will table the application until he is ready to come back before the board. Mr. Boisse asked if everyone within 500 feet would be notified, even in Acton? Roger said yes, and the board would take care of this. Barbara F. asked if a notice to abutters would be masked now and a public hearing held at the next meeting? Roger said they would wait until they had more information. Nothing further was discussed.
News & Events 11/9/2017
Annual Meeting - Saturday June 30th, 8:30am registration, 9:00am start time. Acton Fairgrounds
Boat Parade - July 4th, registration at 11:00am in Carpenter's Cove,
parade starts at 11:30 and proceeds down the Shapleigh side of upper Mousam.
Kid's Fishing Derby - Saturday July 21st, registration at 8:30am, winners announced at Noon - Baxter's dock by the Foot for registration and winners announcement.
ASYCC Golf Tournament - Friday August 3rd - $135 per golfer - Register via www.asycc.com - spots are fill up fast!!!Read More Read ALL