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Planning Board Meeting
September 3, 2002
by Rachel Schumacher
The meeting
began at 7:00 p.m. All five regular Planning Board members were present:
Chairman Phil Kendrick, Allen Breed, David Burke, Jack Shipley and Andrew
Patterson. None of the alternate Board members were present. Planning
Coordinator Kathy Delp was in attendance. Six members of the public were
in the audience.
Phil Kendrick started the meeting
by reviewing the minutes of the previous meeting and correspondences.
He then moved on to New Business.
There was only one item on the agenda
under New Business. This was MSP 02-06; Autumn Woods Lot Line Adjustments;
wetland buffer clarification, presented to the board by Tom Harmon of
Civil Consultants. Autumn Woods is a new subdivision located just off
of Alder Drive, on the stretch of road between Old Mill and Agamenticus
Estates. There are a few homes in this subdivision that don't have room
on their lots for driveways and garages. The subdivision plans that were
approved for this development failed to include sufficient setbacks for
garages and driveways. Apparently, the owners of the lots that are affected
by this error have worked together and have swapped land to make up for
the difference. After some discussion a motion on lot line revisions to
the plan was made and approved by the Board.
On the issue of wetland buffer clarification,
the wetland setbacks on the Autumn Woods plan do not match the wetland
setbacks in the Zoning Ordinance. The Zoning Ordinance states that there
should be a 25' buffer of undisturbed vegetation. The Autumn Woods plan
shows that buffer at 75'. There was discussion between the Board and Mr.
Harmon regarding this discrepancy. The suggestion was made that Mr. Harmon
check with the registry of deeds on how to record it, and a question about
whether the change can be made with an affidavit. If so, the plan can
be signed by Board members at the next meeting. The Board then made and
approved a motion stating that for the record, the original drawing of
the plan showing the wetland setbacks at 75' are wrong and they should
be 25'.
Next item on the agenda was the election
of officers. Phil Kendrick and Andrew Patterson were both nominated for
Chairman at a previous meeting. The board agreed to vote by secret ballot.
Once all ballots were in, Kathy Delp counted the votes and announced that
Mr. Kendrick had been elected Chairman for another term. The term is for
one year. David Burke was nominated and elected as Vice-Chairman and Andrew
Patterson was nominated and elected as Secretary.
A discussion then ensued about studies
that the Southern Maine Regional Planning Commission is doing for the
Board. One of these studies is a Land Suitability Map. This will include
a build-out scenario, overlays of wetland mapping and Inland Fisheries
and Wildlife overlays. The other study involves looking at the possible
use of an impact fee system where subdivision developers would be charged
fees to support open space lands and recreational facilities.
Jack Shipley reminded the Board that
he would be spearheading a Planning Board workshop on "Alternatives
for Curbs and Sidewalks in Rural Development". This workshop is scheduled
to take place at the next Board meeting on September 17, 2002.
Meeting was adjourned at 7:40 P.M.
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Planning
Board Meeting
September 17, 2002
by Rachel Schumacher
The
meeting began promptly at 7:00 p.m. Three of the regular Planning Board
members were present: Chairman Phil Kendrick, David Burke and Jack Shipley.
Both alternate members were present as well: Peter Cannell and Dennis
Smith. Planning Coordinator Kathy Delp was in attendance. Allen Breed
and Andrew Patterson were absent. This reporter was the only member of
the public in the audience.
The Board reviewed and accepted the
minutes of the previous meeting. There was no correspondence, no Old Business
nor any New Business. But there were two items under "Other"
on the agenda.
The first item was SMRPC: Presentation:
Land Suitability / Build Out Project. Kathy Delp was able to use some
money from last year's Planning Board budget to have Southern Maine Regional
Planning Commission work on mapping the town. Paul Schumacher of SMRPC
(this reporter's husband) made a presentation to the Board, using a lap
top and a projector, on the advantages of using Geological Information
System (GIS) mapping to help with town planning. Mr. Schumacher stated
that when the study is complete, SMRPC will supply maps on CD to Ms. Delp,
as well as large paper maps to be used by the Planning Department and
Planning Board. These maps, with various data overlays, will be very useful
tools for the Planning Board to use when reviewing any number of projects.
Mr. Schumacher also suggested that the maps will most likely come in handy
when doing the Comprehensive Plan Update.
The data on the maps was compiled
from existing data from the State of Maine, Department of Inland Fisheries
and Wildlife, SMRPC, FEMA and the town. Using a sample that he had made
for the presentation, Mr. Schumacher projected a large U.S. Geological
Survey map of South Berwick and overlaid it with a composite tax map of
South Berwick, which was created about eight years ago by Cartographic
(Civil Consultants has since been updating the tax maps). Both maps were
the same size proportionally, but the composite tax map was off substantially
(in some spots by 400 feet) compared to the USGS map. There was discussion
about the possibility of Civil Consultants fixing the composite map to
more closely match the USGS map.
With the map of South Berwick on the
screen, Mr. Schumacher proceeded to overlay additional data to create
a multi-layered, highly informational, colored map. The following list
offers examples of the kind of data that will be available to the town
for mapping purposes:
1.
Parcels
2. Ponds
3. Roads
4. Town borders
5. Stream buffer (75 feet)
6. River buffer (250 feet)
7. Pond buffers (250 feet)
8. Conservation lands
9. National Wetlands Inventory
10. National Wetlands Inventory buffer
11. FEMA 100 year flood plain
12. Steep slopes
13. Hydric soils
14. Department of Inland Fisheries
and Wildlife -
(rare animal species)
15. Maine Natural Areas Program (MNAP)
-
(rare
and endangered species)
16. MNAP point buffers (this buffer
goes around the rare
and endangered species)
17. Rare plant habitat - MNAP
18. Wading bird colonies
19. Coastal wetlands
20. Large blocks of unfragmented land
21. Waterfowl/wading bird habitat
22. Waterfowl/wading bird buffer
23. Deer wintering areas
Well into the
presentation, discrepancies between the town's composite tax map and USGS
map were still being discussed. It became obvious that the project will
not be able to include the town's composite tax map until discrepancies
on that map are rectified. The topic of Civil Consultants fixing the map
came up once again. Dennis Smith asked if Civil Consultants could actually
provide the mapping overlays. Ms. Delp and Mr. Schumacher both answered
that the composite tax maps do not use the Arc View mapping program, the
system used in GIS mapping. Peter Cannell stated that there might be a
conflict of interest if Civil Consultants were to do the mapping and also
come before the Board representing clients and developers.
The Build Out Project was also
discussed briefly. This project would show remaining developable land
in town. To do this, SMRPC would take the USGS and composite tax maps
and overlay them with all the data for wetlands, steep slopes, FEMA, conservation
lands, etc. - any areas defined as protected or unbuildable. Eventually,
with layer upon layer of data, the white areas left on the map would indicate
land that is developable.
The Planning Board appeared excited
about the potential of the SMRPC studies, and showed eagerness to get
the project going. As Jack Shipley stated, GIS mapping is "a heck
of a tool".
Next item under Other was Workshop;
curb and sidewalk alternatives in rural development, spearheaded by
Mr. Shipley. Mr. Shipley stated that he'd like the Planning Board to reach
a "cohesiveness" on the issue of sidewalks, primarily in rural
areas of town. He provided the Board with photos of existing sidewalks
and curbs in town, as well as photos of different types of sidewalks and
curbing available to developers.
Mr. Shipley read excerpts from the
Comprehensive Plan and the Subdivision Ordinance related to sidewalks
and curbing. Ms. Delp stated that "in most towns, sidewalks are left
up to the discretion of the Planning Board." A lengthy discussion
then ensued about what the Board would like to see happen in the rural
R3 and R5 areas of town. Mr. Smith and Mr. Cannell both suggested that
"we sit down and break down a town of South Berwick map and determine
what's farm, forest and downtown…and come up with a system for whether
or not sidewalks should be required." Other Board members responded
that there needs to be some sort of "guideline." Mr. Smith then
suggested that depending on how busy a road is, the Board could require
developers to put in bike paths and sidewalks that could also be for recreational
use. Mr. Smith went on to say that the Board should require "as many
sidewalks as we can in the rural communities, because in 20 years it'll
be all connected to the town."
The question then came up as to whether
there should be a requirement in rural areas for sidewalks and granite
curbs. No consensus was reached on this question. All seemed to agree
that when a developer asks the Planning Board for a waiver to build sidewalks
on just one side of the road, the developer should be required to supply
the town with off site improvements.
The Planning Board thanked Mr. Shipley
for organizing the workshop. Meeting was adjourned at 9:00 p.m.
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Planning
Board Meeting
October 15, 2002
by Rachel Schumacher
During
the Oct. 15 Planning Board meeting, board members discussed developers
getting waivers. Several members appeared visibly frustrated by the frequency
that waivers have been requested and granted. Planning Coordinator Kathy
Delp reminded the board that it's up to them as to whether or not they
grant a waiver.
"We deal an awful lot with a
consultant who deals with and represents a lot of developers," said
alternate board member Peter Cannell. "He knows the history of what
he can expect."
Board members agreed that although
this happened in the past, things are going to change now. They agreed
a developer will have to provide the town with a substantial reason for
a waiver.
Member David Burke brought up the
possibility of a developer trading granite curbing, on a rural road like
Wildrose Lane, with off-site improvements. A suggestion was made that
the board offer a special workshop on waivers to provide some information
to the applicant before they present a project.
Planning Board Chair Phil Kendrick
started the meeting with the board reviewing and accepting the minutes
of the previous meeting. There was no correspondence, old business or
new business during the one-hour meeting.
The first of two items on the agenda
was a followup on the Southern Maine Regional Planning Commission's efforts
to update local tax maps. Board member Kathy Delp said Paul Schumacher
of the regional planning commission had found someone to fix the tax maps
at a very reasonable rate of $400.
The board unanimously authorized the
board to to pay the planning commission $400 to correct the tax map. Burke
made the motion.
The second follow-up item was a discussion
of curb and sidewalk alternatives in rural development. The board talked
about whether buffer strips, curbs and berms are necessary. Members agreed
developers should be required to provide these types of construction on
roads to prevent deterioration.
The board also discussed stormwater
control. Ms. Delp said it is a big issue and is regulated by the state
now. Member Jack Shipley pointed out that "anyplace where there isn't
that control, you can see the degradation of that asphalt."
Academy Street was brought up more
than once as an example of what happens when a road isn't properly constructed.
Member Peter Cannell suggested that this time the "town bite the
bullet and repair what [roads] it needs to" and later we can hold
developers' feet to the fire and have them build the roads the way we
require them to.
Before adjourning, the board agreed
to change the next scheduled meeting from Nov. 5, which is Election Day,
to Nov. 19.
Regular Planning Board members Kendrick,
Burke and Jack Shipley as well as alternate board member Cannell, were
present. Planning Coordinator Kathy Delp was also there. Regular Planning
Board members Allen Breed and Andrew Patterson, as well as alternate board
member Dennis Smith, were not present. This reporter was the only member
of the public in the audience.
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Posted
December 2, 2002
South Berwick Planning Board Meeting,
November 19, 2002
Downtown Sunoco Station Tests Waters for Future
as a Gas Station/Convenience Store
Reported by Rachel Schumacher
The
Planning Board on Tuesday agreed that a family hoping to add a convenience
store to the Sunoco station in downtown South Berwick must first have
a traffic study done that would show traffic flow before they come back
to the board with a formal application.
Ron Roberge
and his daughter, Roxanne, representing Robi Enterprises, which owns the
Sunoco station, said they want to change the use of the existing site
to include three new pumps and a convenience store.
In explaining
his plans, Mr. Roberge said, "Everybody here has been to Cumberland
Farms and we want to try to change the station over to the same type of
operation -- more orientated to food and convenience."
But board
members said they were worried about traffic, especially considering the
history of Dunkin Donuts.
Several
board members noted how bad the traffic is outside Dunkin Donuts.
Ms. Roberge
stated that she almost got hit twice in traffic in front of Dunkin Donuts.
Board member Allen Breed suggested this could create another situation
just like Dunkin Donuts.
According
to Planning Coordinator Kathy Delp, state studies have found the maximum
trips per day to a gas station/convenience store of this proportion is
3,256. The Roberges' reacted in disbelief.
"I
think traffic's going to be an issue here," board member Andrew Patterson
said. Board member Phil Kendrick insisted traffic will increase.
But Mr. Roberge
suggested, "The traffic pattern will be about the same as it is now."
Board
member David Burke also asked about the signage. According to Ms. Delp,
anything that has to do with the convenience store comes under "new
signage", because it's a new use, and any new use of the property
must be in keeping with the town's new zoning ordinance.
Ms. Roberge
said the new Sunoco sign will have two posts instead of one, which Ms.
Delp said was permitted.
Mr. Patterson
also said he'd like to see a landscape plan added to the plan as well.
Mr. Kendrick
also asked for clarification on the parking requirements. Ms. Delp asked
Mr. Roberge if he knew the square footage of the service station, in which
he answered 4,600 sq. feet. Town zoning law requires one parking space
per 1000 square feet of service station, and one parking space per 300
square feet of convenience store, according to Ms. Delp.
In answer
to questions from Ms. Delp, the Roberges said the town has an easement
on a culvert that they put in about 12 to 14 years ago. They also said
they have all the paper work to apply for necessary food licenses.
Mr. Breed
asked "Now, is there something about a drive thru?" Some board
members said almost in unison "Maybe -- we're not reviewing that
now."
Black
Swan Subdivision
Also at the meeting, the board
agreed to a request from Black Swan developers to change the monumentation
from granite to rebar. Before the meeting, Tom Harmon from Civil Consultants,
who is representing Black Swan, told Ms. Delp he would not be at the meeting
and asked her to show the board the changes. She noted that when the Black
Swan Subdivision Plan was approved, it called for granite. There was little
discussion of the issue before the board moved to accept the change.
The board
this week also accepted a request from Philip Woodman of Academy Street
(item SP02- 05 Philip Woodman; Accessory Apartment) who wants to add an
accessory apartment onto the garage of his one-family residence. He said
the footprint would not change, since he will only add a couple of dormers.
This is a permitted use in that zone with a minor site plan review, Ms.
Delp said. After a small amount of discussion the Board accepted the plan,
as long as Mr. Woodman addresses the issue of no on-street parking.
Barn
Into Living Space
Timothy Allen, who owns
the Triplex Apartments at 455 Lower Main Street, adjacent to Fogarty's
Restaurant, asked the board for permission to turn a large barn with an
attached garage on the property into living space. He said it would be
an improvement to the area because it's an "eyesore," it's vacant
and seems to attract trouble with kids hanging around it.
Mr. Allen
asked if this would require a Subdivision Permit. When members of the
board asked him about parking, he said he was planning on removing a storage
shed to make room for additional parking.
Mr. Patterson
stated that he drove by to look at the site and thought that there seemed
to be a parking problem and a drainage problem. He said he wanted to see
something from an engineer in regard to parking and storm water management.
Mr. Allen
said the town had purchased a temporary easement on his property to redo
the road, put in culverts and storm drains, and regrade the parking area
to make it blend in with the road. After more discussion, Ms. Delp reiterated
to the applicant that whether he decides to put in a duplex or a triplex,
he needs to have engineering done for the parking and storm water management.
He would then most likely need to have a major site plan review.
The meeting
began at 7 p.m. Jack Shipley was not present. Neither were alternate board
members Peter Cannell and Dennis Smith. Six members of the public were
in the audience.
The meeting
was adjourned at 7:50 p.m.
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Posted
December 14, 2002
South Berwick Planning Board Meeting,
December 3, 2002
Golf Net, Re-Zoning Discussed
Reported by Rachel Schumacher
The
South Berwick Planning Board last week agreed to allow Outlook Golf Course
to detach a lot from the golf course in order to be able to build a house
there.
The board voted 4 to 1, with only
Dennis Smith objecting to the amendment to change the lot line. (SP02-04
Outlook Golf Course Amendment to Previously Approved Plan of Land. Map
11, Lot 32, Agamenticus Road.)
Tim Flynn Jr., Tim Flynn Sr., and Richard
Goulet represented the amendment. The younger Mr. Flynn said he wants
to build a house on the lot being proposed.
According to Mr. Flynn Jr., an existing entrance to the golfcourse has
been widened to accommodate access to the new lot and he's planning on
putting in a gate along the property line to go onto the course.
The board discussed whether the proximity
of the house to the golf course was a problem, and whether the golf course
should be putting up a net that is already in progress.
Mr. Flynn Jr. said he's willing to deal
with the possibility of errant
golfballs. And questioned by Smith, he also said the property has been
perked.
Mr. Flynn said that they're digging now
before the ground freezes up. He said he has to build the house in the
winter because he is too busy in summer.
To Mr. Smith's repeated concern about golfballs
hitting the house, Mr. Flynn said "that's my problem." He said
one neighbor has complained about golfballs, but no other neighbors have.
He also said Town Manager Dick Brown suggested they put up a net to keep
the balls from hitting homes, and that he is in the process of putting
up the net.
Mr. Goulet said while he's been working
at the lot, many neighbors have voiced their opposition to having a net
in front of their homes.
Mr. Smith suggested this is an "opportunity
to address the problem, (but) if the neighbors don't want the net, why
put it up?"
"This particular lot has nothing to
do with the location of the net," Mr. Flynn said, backed by the other
applicants. Mr. Flynn also noted the town manager told them to put it
up.
Kendrick agreed, "This has nothing
to do with what we"re reviewing this evening," which was the
lot line adjustment.
Mr. Smith insisted they are related issues,
but Mr. Breed and Mr. Shipley agreed with Mr. Kendrick that the net is
a separate issue from the lot line adjustment.
"The pole holes are dug" already
for a fence, Mr. Goulet noted. And he suggested if Mr. Smith thinks the
net is a problem, he should go talk to brown, the town manager, about
it.
Board members Phil Kendrick and Smith noted
the lot has enough frontage on Agamenticus Road to meet legal requirements.
Answering a question from Board member Allen
Breed, Planning Board coordinator Kathy Delp said the state Department
of Environmental Protection needs to approve amendments to preapproved
plans. She also said DEP can't approve it for about a month.
Also at the meeting, the board revisited
the subject of curbing and
sidewalk options. (See notes on the September
17, 2002 Planning Board meeting.) Mr. Smith suggested that he and
Jack Shipley get together to propose an amendment and present it to the
Board. Mr. Smith also asked that this be put on the agenda for the next
meeting.
Mr. Breed asked about the South Berwick
Town Council's rezoning and how the Planning Board stood on that issue.
(See notes on the August 12, 2002
Town Council meeting.) Mr. Kendrick reminded the board there wasn't
a unanimous decision from them on this issue. Mr. Breed suggested the
Historic District Commission could be expanded to where the new zoning
exists. Discussion ensued about the possibilities of that actually being
endorsed by the Town Council.
Planning board members David Burke and Andrew
Patterson and alternate board member Peter Cannell were absent. Four members
of the public in the audience.
The meeting began at 7 pm and was adjourned
at 7:40 p.m.
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Posted
January 8, 2003
South Berwick Planning Board Meeting,
December 17, 2002
Board Votes to Change Zoning for York Hospital
Reported by Mimi Demers
The
South Berwick Planning Board last month agreed the town council should
change the town's zoning law to allow medical/professional office buildings
to erect buildings larger than 2,500 square feet -- the maximum building
size now allowed downtown.
The proposed
amendment, if passed by the town council, would allow York Hospital to
build one large building rather than three smaller buildings on a lot
it owns on the corner of Colcord Street and Portland Avenue.
Libraries,
civic centers and post offices are already exempt from
the 2500-square-foot requirement on the maximum size of building foot
prints.
A heated
debate preceeded the vote as board members Allen Breed and Phil Kendrick
argued against recommending the change and Jack Shipley and Andrew Patterson
argued in favor of the change. David Burke was the swing vote and ultimately
agreed to recommend the amendment.
During
the discussion, Planning Coordinator Kathy Delp suggested adding medical/professional
offices to the excepted list in order to ease the way for York Hospital.
Mr. Breed
asked what was wrong with three smaller buildings. Mr. Patterson scoffed,
"It's ridiculous to think [York Hospital] would do that."
Mr. Kendrick
said he felt the idea of the ordinance is to keep the
huge buildings out of downtown. He referred to when Rite Aid proposed
a store in South Berwick several years ago, and said York Hospital is
also "a commercial venture, plain and simple."
Ms. Delp
said she didn't think York Hospital would do the project with the existing
zoning.
"I'd
hate to see the project slip through our fingers," Mr. Shipley
said, adding that he thinks it would benefit the town as a service and
as a commercial cash base.
Ms Delp
and Mr.Patterson appeared impatient with the discussion. Mr. Patterson
said he wanted to see an application. Ms. Delp said they could not apply
(for a one building plan) without the zoning change. She recommended an
application workshop.
Mr. Kendrick and Mr. Breed immediately agreed.
"I'm
willing to be flexible if I could just see what they could
do," Mr. Breed said.
"They
won't put up a bad building--look what they've done in York," Patterson
noted.
Patterson
then moved to recommend the change to the town council.
The motion
was seconded by Mr. Shipley.
Burke,
recognizing that he would most likely be the swing vote,
asked for further discussion. He said he didn't want to change the
ordinance unless the benefits were large. He pointed out that York Hospital
has already met with the planner, and the board could respect her opinion.
Ms. Delp
noted that she hasn't actually seen a proposal yet.
Mr. Patterson said he wanted to make the recommendation to the town council
in order to show York Hospital "we're willing to work with them."
Mr. Breed
said he'd like to meet with them in a workshop to find
out their intentions. "What can it hurt?" he asked.
Mr. Patterson
pushed again for a vote and the motion passed.
Mr. Breed and Mr. Kendrick were visibly very disappointed.
"This is a big mistake, folks," said Mr. Kendrick, shaking his
head.
Also this week, the planning board agreed to propose that the South Berwick
Town Council change the zoning ordinance to allow the town to require
certain features in rural areas and subdivisions, including recreational
trails and wider sidewalks.
The changes,
approved by the board, would give residents more
access to open spaces in town.
Board
member Jack Shipley, who has researched the subject, said the proposed
changes would give the town more options to require certain features in
a subdivision, such as curbing, trails and sidewalks that make use of
different materials. Mr. Shipley enthusiastically described a development
he visited recently in Plymouth, Mass., where houses are clustered creatively
and wide sidewalks diverge from the roads in what he said was a pleasing
way.
Ms. Delp
noted that the board can now require open space but can't require recreational
trails. She said there is already way too much unused open space in town
and that more useable recreational space is needed.
Mr. Breed
agreed open space should be accessible, but also pointed out open space
may be used in the future in ways we can't predict today.
Mr. Breed
assured Chairman Phil Kendrick that the wording of the proposed amendment
did not left grey areas that could cause a developer to feel unprepared
for some requirements.
The Board
this week also discussed whether the zoning ordinance needed to be changed
to eliminate apparent confusion over a section that sets the minimum lot
size in downtown.
Ms. Delp suggested the zoning ordinance be amended since some board members
now believe the ordinance requires a certain square footage for a lot
in the downtown, while other members think the number refers to the dimensions
of a building's footprint.
Mr. Kendrick
suggested deleting ambiguous wording, but after some discussion, the board
decided the wording is, in fact, clear enough.
Ms. Delp
said she would point out to the code enforcement officer that the numbers
in question refer to lot size, not building size.
The meeting
started promptly at 7 pm and was adjourned at about 8:35 pm.
Those
present at the meeting include the five board members --
Kendrick, Breed, Burke, Shipley, and Patterson - Planning Coordinator
Delp, secretary Keeley Lambert and three members of the public, including
Sue Roberge, a town council member.
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