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Archive of 2003 Planning Board Meetings

January 7, 2003 | February 4, 2003 | March 4, 2003 | March 18, 2003
April 1, 2003April 9, 2003 (York Hospital Workshop) | April 15, 2003
May 14, 2003 (York Hospital Public Hearing) | May 20, 2003
June 3, 2003 | June 17, 2003 | July 1, 2003 | August 19, 2003

September 16, 2003 | October 7, 2003 | November 6, 2003 (Granite Woods Workshop)
November 18, 2003 | December 2, 2003 (2nd Granite Woods Workshop)
December 16, 2003

 

Posted January20, 2003

South Berwick Planning Board Meeting,
January 7, 2003

New Road Discussed for Future Industrial Park

Reported by Rachel Schumacher

      The state Department of Environmental Protection has approved an amendment allowing a house to be built at the Links at Outlook, Planning Board Chairman Phil Kendrick told the Planning Board at a Jan. 7 meeting. (See our report from Dec. 3 meeting.)
     Also at the meeting, the Planning Board discussed a request from Interstate Bituminous Materials Inc., of South Berwick, to modify a site plan (MSP 01-01) for its access road off Route 236.
      The asphalt plant has changed its request for an access road because it purchased another parcel of land after the planning board approved the original site plan two years ago, according to Tom Harmon of Civil Consultants, who represented Interstate Bituminous Materials (otherwise known as the asphalt plant).
      The new parcel was purchased from the Winship family as a life estate, which means the Winships can use this property until their death. The asphalt plant wants a new access road built through this property, instead of the original access road approved through the South Berwick Rod and Gun Club.
     Mr. Harmon said the new access road could also be used as the road to a future industrial park in South Berwick. The road entrance would be 1,500 feet from Marshwood High School and would go over the northern portion of the Winship parcel, across Central Maine Power property and under the transmission lines.
      The proposed plan will now go to DEP, Harmon said. Since the road would cross wetlands, the asphalt plant is working with Woodlot Alternatives and Inland Fisheries and Wildlife to do wildlife studies and to establish a wildlife corridor across the roadway, Harmon said.
     In response to a question from Planning Board Member Allen Breed, Harmon said the state Department of Transportation does not have a problem with how close this road is to the high school. But Mr. Harmon acknowledged DOT has a problem with separation distances between any two roads entering from Route 236.
     Also in response to a question from Mr. Breed, Mr. Harmon said that the original access road in Eliot was not an optimum entrance because it ran through the Rod and Gun Club and crossed wetlands.
      "What changes have been made [to the new proposed road plan]?" Mr. Breed asked.
     "Separation distances. There will be a fairly substantial separation distance because of the trucks," Mr. Harmon said.
      Mr. Harmon also confirmed that the asphalt plant was asking DOT to waive the separation distance requirement.
      Dennis Smith wondered why the board wouldn't wait for the entire submittal [for the industrial park road]. "It seems like we're jumping the cart before the horse and creating a giant cul de sac," he said.
     According to Mr. Harmon, the discussion was about building a road to an industrial park and the company is "asking for the roadway to meet your standards to access the asphalt plant."
     At this point, the board voiced their concerns to Mr. Harmon regarding accelaration and deccelaration lanes and asked that they be included in the plan. Board members also asked about a landscape plan for the road entrance.
      Mr. Smith suggested that they consider "servicability for utilities and provide two ways in."
     Mr. Harmon thanked the board for their input and explained that this was not a sketch plan, but only an opportunity to talk to them and hear their concerns. The asphalt plant will come back to the planning board with a sketch plan addressing those issues.
     The board also re-signed plans for lot line adjustment Map 65, Lots 3,4,and 5. Apparently the plans were previously signed by the property owners incorrectly in blue ink.
     An announcement was made that the Comprehensive Plan Committee will be holding a "Vision Meeting" Tuesday, Jan. 28, to find out what the concerns are of the town.
     Mr. Smith asked that minutes of the Dec. 17 meeting not be accepted at this meeting so he could better review them. This request was accepted by the board by a 4 to 2 vote with David Burke and Jack Shipley opposed.
     Planning Board members present were: Chairman Phil Kendrick, Allen Breed, David Burke, Jack Shipley, Dennis Smith and Peter Cannell. Andrew Patterson was absent. Planning Coordinator Kathy Delp was in attendance. Six members of the public were in the audience. The meeting was adjourned at 8:04 pm.

Planning Board meetings are on the first and third Tuesdays of each month, at 7:00 p.m. in Town Hall.

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Posted February 10, 2003


South Berwick Planning Board Meeting,
February 4, 2003

Planning Board Learns Town Council Never Adopted Downtown Footprint Ordinance

Reported by Rachel Schumacher

      The town's planning coordinator last week told the South Berwick Planning Board that a town zoning ordinance supposedly standing in the way of a proposed medical building on Portland Street was never in fact legally adopted.
      At the end of an emotionally charged meeting of the planning Board, Planning Coordinator Kathy Delp said the amendment to the town zoning ordinance that limits buildings in a downtown zone to a foot print of no more than 2,500 square feet was never properly adopted by the Town Council, even though it has been included and written into the Zoning Ordinance.
      This zoning requirement has been the central issue throughout the debate over whether York Hospital can expand at the corner of Colcord and Portland streets. According to Delp, two town administrators became aware of the mistake when searching through town council minutes recently for the meeting when the ordinance was adopted.
      According to Delp, around two years ago, this amendment was "piggybacked" along with another amendment addressing the demolition of historic buildings in the B Districts. The council apparently reviewed the demolition amendment, then tabled it for further review, tabling the footprint amendment along with it. It wasn't until Delp and Town Clerk Barbara Bennett began scouring Town Council minutes of the past two years that they realized there is no record that the amendment was passed.
      After some discussion, the board agreed to a motion made by board member Dennis Smith asking the planning board not to make any related recommendations to the council at this time. Smith argued that changes to the Zoning Ordinance should be done in a thoughtful, logical manner that recognizes that the town is working on updating the Comprehensive Plan.
      "There is an opportunity for us to go through the Comp Plan and the Zoning Ordinance and act accordingly," he said.
      The board rejected an earlier motion from board member David Burke asking Delp to ask the Council to act on the ordinace with recommended changes from the planning board.
      The meeting began with the Planning Board tabling a motion to accept the minutes of the Dec. 17 meeting because of needed revisions.
      Richard Clough, a member of the public who had a copy of the Dec. 17 minutes lambasted the board for repeatedly tabling the minutes. Clough said it is "standard procedure to amend minutes at a public meeting. If its not exactly right, then the minutes as amended, are accepted at the meeting."
      He suggested that the board go back to the original draft of the minutes in question and amend them tonight.
      Based on how he interpreted the minutes of the Dec. 17 meeting and what was recorded during the discussion that evening, Clough accused board members Allan Breed and Phil Kendrick of being anti-business and biased. He suggested they recuse themselves from future discussions about York Hospital's potential expansion in South Berwick. And he suggested that because Breed is also the chairman of the Historic District Commission, he "should resign from either the Planning Board or the Historic District Commission because he is not objective."
      Breed and Kendrick defended themselves and their actions.
      Breed told Clough, "If you did a little bit of homework, you'd know that I'm not anti-business. My voting record on the board has been very pro-business -- an example is my vote to approve the asphalt plant in town."
      Breed said he is not against York Hospital coming to town, in fact he's met with and welcomed them, but he is "against changing the Zoning Ordinance to allow a specific business to come into town." This would be spot zoning, which is illegal, he said.
      Kendrick said that recommendations and guidelines were given to the secretary by the town manager to keep the minutes more concise and to not devote time to quotes, because they're not always quoted completely. He said the minutes that Clough has an issue with, were from a workshop for board members.
      "If we can't debate and speak freely then we don't have a democracy," he said.
      He also wanted to go on the record supporting York Hospital coming to South Berwick.
      "The bigger issue is on changing the zoning. It could have the appearance of being tailored to the applicant," he said.
      Jack Shipley acknowledged that the whole topic of York Hospital coming into town has been "volatile, emotional, and a lot of rhetoric, but, there has been no application [from York Hospital]. What brought this all up was the 2,500 square ft. footprint requirement. As it stands, right now, there is no restriction in the downtown."
      He agreed with Clough that minutes should not be tabled.
      Vicki Desilets, South Berwick's director of Social Services, told Breed and Kendrick that she was "glad to hear that you're for York Hospital --that's not the message that has been sent to them. York Hospital has never heard from the community that we want you here."
      After some deliberation and discussion about the legality of the Dec. 17, minutes, the board decided to make changes to them soon and move on to other business.
       Delp told the board she is now the South Berwick representative for the Kittery Area Comprehensive Traffic Committee. Jon St. Pierre, the former representative, is now interim town manager and has stepped down from KACTS. Delp said the group will be expanding their area of study on Route 236 to where the proposed industrial park will be. She noted that KACTS studies traffic and provides funds and help to towns based on those studies.
      Also at the meeting this week, board members signed mylar plans for the revised Golf Course Plan of Land.
      The audience included 20 members of the public. Regular Board Member Andrew Patterson was absent.

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Posted March 15, 2003

Planning Board Meeting, March 4, 2003

Reported by Rachel Schumacher

      The South Berwick Planning Board recently told a York Woods Road resident to draft a different plan for his proposal to subdivide his property into four lots. (MSP 03-01, 4 Lot Subdivision.)
      The planning board told Bill Anderson of Anderson Livingston Engineers that they would prefer to see a plan with the house lots reconfigured to eliminate the flag lots. Anderson agreed to do that. (Editor's note: Flag lots essentially look like a flag, with a narrow
strip of land leading to a larger section. Usually, they are used to accomodate a driveway. In this case, there are 2 flag lots that radiate back from the proposed cul de sac.) The board also asked for a high density soil survey along with the new sketch plan. And board member Dennis Smith suggested the board conduct a site walk when the snow melts.
      Anderson had brought sketches requesting permission to create four new parcels at 108 York Woods Road. Currently, the property has an existing house and garage on it. Anderson said he wants to move the structures further back on the property and to improve the private road leading to the property and create a cul de sac at the end of it. He said he could probably use a pond on the property for drainage and that test pits have been done.
      Chairman Phil Kendrick said the plan shows two flag lots, but the town's subdivision ordinance allows the use of flag lots only when they are included in a cluster plan and this was not a cluster design.
      Kendrick also mentioned that town road standards are 600 feet to a cul de sac and these plans show that distance to be greater than the requirement. Anderson considers this a private road, but the board can require a private road to meet town road standards, including curbing or sidewalks, Kendrick said.
      Members of the board voiced concern over a right-of-way that will cut through three of the four lots. Anderson said it was an old right-of-way and is more or less an overgrown trail not passable by cars at this point.
      Smith said the board is concerned that the plan does not show any preservation or enhancement of a trail system that appears to run through the property. The board could require the applicant to provide open space in the plan, Smith said.
      Conservation Commission Chairwoman Jean Demetracopolous opposed the plan, and noted there is 600 feet of road to service only four lots.
      "There is no open space. It's near state access land, but there is very little public benefit. It's ugly. I'm sorry," she said.
      Josephine Robbins, whose property abuts the proposed subdivision, said she owns the right-of-way through Anderson's property. Robbins said the right-of-way was already taken for the cell tower. She said she has 80 acres that she is trying to sell and she is concerned that the right-of-way will get blocked off (because of the subdivision) and she will get "shut right out".
      Several board members said they would prefer the homes were closer to the sul de sac, in a cluster, with open space behind.
      "Open space is an issue we'd like to address and we're trying to get away from sprawl," Smith said.
      The planning board also agreed at the meeting to schedule a public hearing on the request of a resident of Old Mill Road to open a jewelry shop in her home. (SP03-01 Major Home Occupancy.)
      Christine Kopycinski of 36 Old Mill Road said the shop would be open Wednesdays and by appointment only. She told the board her property has four parking spaces, and if the lot is full, she has permission to park her car at her neighbor's.
      Kopycinski also said she'd like to have a sign on Route 236, which abuts her property. Board member Dennis Smith suggested the town road comissioner look at the request to make sure no
sitelines will be obstructed.
      Also at the meeting, Kendrick announced he will be stepping aside as chair for the remainder of his term and will continue to serve on the board through the duration of his term in 2004. Vice Chair David Burke will be the interim chairman until the board votes for a
permanent chairman in July 2003.
      Demetracopoulos informed the board of a public meeting March 12 in the council chambers to address the Mt. Agamenticus Region and bring everyone up to date on conservation work in the region and solicit input about its future. She gave board members a packet with information on the region, including site conservation planning materials for community outreach workshops.
      Maine Audubon is also holding a public workshop March 19 addressing "Planning Considerations for Habitat."
      All Planning Board members were present, as well as the Planning Coordinator. There were 14 members of the public in the audience.

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Posted March 31, 2003

Planning Board Meeting, March 18, 2003

Reported by Rachel Schumacher

      The South Berwick Planning Board last week approved a plan from P Gagnon and Son Oil to change the use of the old Fleet Bank, which the oil company purchased in December.
      Mark Gagnon, representing P. Gagnon and Son Oil, told the planning board at the March 18 meeting that it plans to move its headquarters across Main Street to the old Fleet Bank, and possibly to add a propane filling station out back.
       The Board accepted the plan on the condition that Gagnon provide the net square footage of the building prior to a building permit being issued.
      The company's headquarters are now at 215 Main St. and according to Gagnon, the company has been looking for a new home for the past 15 years. The company has owned the bank property since December 2002, he said.
      According to Gagnon, the new location is a much-needed improvement to the business, which has had the most staff ever this winter. The parking area in back of the building will get delivery trucks and vans off the street and out of the Town Hall parking area, Gagnon said.
      Jack Shipley asked about the propane filling station and read from the Zoning Ordinance which states, "No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line or 40 feet for underground storage."
      Gagnon expressed surprise on hearing this, saying that they already have a 500 gallon filling station at their current location.
      The board contemplated the definition of "bulk" and decided that the ordinance did not apply to the proposed propane filling station tank.
      The board decided not to schedule a public hearing.
      Phil Kendrick asked if there is adequate net square footage of the building to accommodate the parking spaces needed. Gagnon agreed to get that information to the board.
      The planning board last week also approved of a request for a jewlery business that a resident of Old Mill road wants to open in her home. A public hearing was held for Christine Kopycinski of 36 Old Mill Road (SP 03-01), in regard to the business. No abutters were present for the hearing.
      At the start of the meeting, Interim Chairman David Burke made a statement regarding recent criticisms of the planning Board. He praised the board for its commitment and said, "When things go sour, we get blasted. When things are good, nobody says anything about it. It would be nice to get an occasional pat on the back, not a slap in the face."
      Burke also thanked former Chairman Phil Kendrick for his service and dedication to the town. Kendrick, who recently stepped down as chairman, has been on the planning board since 1996.
      Also last week the Laings asked for permission to expand their day care operation so they can increase their capacity to take 20 children at 51 Agamenticus Road (Map 29, Lot 28 - MSP 03-02).
      The Laings now have 12 children in their day care. There are tougher standards for day care operations once you go above 20 children, the Laings said. Mr. Laing noted that he has already sought and received approval from the State Fire Marshall and the sewer system has been approved as well.
      The Board reviewed photos of the property that the applicants provided and noted that there is a fenced in area and an above ground pool on the property. The applicants said that the children do not go near the pool.
      Mr. Kendrick suggested a public hearing may be appropriate because of the number of children. The board agreed with Kendrick and decided to schedule one in the near future.
      Tim Allen also came before the board with an engineering plan requested in November by the board (see Planning Board report from the Nov. 19, 2002).
      He asked them to revisit his request to convert a barn on his property on Main Street into another apartment building [Triplex Main Street, Map 30, Lot 17 (MSP 03-03)]. Allen, who also owns another adjacent building that houses a video store and two apartments, hired Roaring Brook Consultants to do the plan.
      In reviewing the parking plan, the board expressed concern with the number of parking spaces shown. As an example, they noted the tightness of the parking area and a dumpster located there. They wondered how a dump truck would be able to enter into the lot to empty the dumpster. Allen replied that the dump truck would have to back up to get out of the parking area, as it does now.
      The board also noted that according to the parking plan, it appeared that a few cars would not be able to turn around. They were also concerned about emergency vehicles not being able to get to the back of the building with the proposed parking plan.
      Junior and Susan Roberge, abutters, brought up some questions regarding the property line between them and the Allen property. There was a small dispute over the property line when it became apparent Allen was unaware that the Roberges own the driveway between them. The Roberges said Allen's property line ends at his building and that he has a right-of-way easement through their driveway. That driveway is the only access they have to get to the bakery and a house in back. Ms. Roberge said that occasionally somebody from the video store blocks the driveway.
      Board members noted Allen's parking plan includes a parking space that would block use of the Roberge's driveway.
      Members agreed to take a site walk at 8 am on March 31. At the request of Board member Dennis Smith, Allen agreed to mark some parking spots so board members can easily see where the proposed spots will be. Board members also thought they may need a letter from the bank showing Allen's financial capacity.
      Planning Board members present were: Dennis Smith, Phil Kendrick, Jack Shipley, David Burke, Peter Cannell, Andrew Patterson, and Planning Coordinator Kathy Delp. Allan Breed was absent. Seven members of the public were in the audience. The meeting was adjourned at 8:20 p.m.

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Posted April 8, 2003

Planning Board Meeting, April 1, 2003

Reported by Rachel Schumacher

      York Hospital presented its plans for a new building at the corner of Colcord and Portland streets at the April 1 meeting of the South Berwick Planning Board. (MSP 03-06, York Hospital, expansion of services to previously approved site plan. Map 28, Lots 81, 82 and 83.) The hospital wants to expand its neighboring Great Works Family Practice into a larger two-story office/medical building, according to Steve Pelletier of York Hospital.
     The new building, which is proposed to have an approximate footprint of 6,000 square feet,would house a larger space for Dr. David Yarian, who practices out of the existing Great Works Family Practice on Colcord Street. The new facility would also contain a Diagnostic and Imaging Center, professional office suites, physical and occupational therapy and a community room, which would be available to town residents for meetings and gatherings.
     "We're here to follow your direction, abide by the codes and bring expanded medical care into South Berwick," Pelletier told the board.
     Mike Lassel of Lassel Architects in South Berwick presented sketches depicting a number of possible building designs. He explained that the whole idea of the design is to reinforce the existing fabric along Portland Street. He suggested the building should have a simple facade, with the eave side of the building on the street. Lassel said that the house will be similar to other homes around it, with the front being the most decorative and the back part of the building being simpler.
     Lassel said there would be one parking space per 300 square feet of building. The parking area sketch depicted 50 parking spaces, an entrance/exit onto Colcord Street, and an additional one way exit to the municipal parking area that is shared by the Post Office, Dover Family Practice and Ocean National Bank.
     Both the building and the parking area will be densely landscaped, according to Lassel. Signage will be illuminated with indirect, non-glare lighting. There would be two signs near the building and possibly a third smaller sign on Norton Street.
     Board member Dennis Smith suggested that instead of having the driveway as a two-way split, traffic could enter from Colcord Street and exit through the existing municipal parking area. Board member Phil Kendrick, and others disagreed with Smith's idea, saying too much congestion and traffic would be exiting onto Norton Street.
     Pelletier declined to answer a question on the number of employees who would work there, saying he wanted to hold off until they've had a chance to think about it. He agreed to the suggestion that employees may be able to park off-site by the Cummings Mill building. Pelletier also said that in addition to the use of the community room, town residents will be able to use the parking area after hours.
     Planning Board member David Burke asked what the plan was for parking lighting.
     "Whatever you'd like us to do," Pelletier said. Both Shipley and Smith referred to the Update to the Town's Comprehensive Plan, and said that they have been discussing the use of lower lights in the downtown area.
     When questioned about the height of the new building, Lassel said the building face is the same and the height is the same as the Colcord house. He added that it will be sided in either shingles or clapboard.
     Pelletier said York Hospital would like to make the building as "green" as possible using renewable energy. They would like to use photovoltaic cells to reduce CO2 emissions and super insulate the walls and ceiling. If possible, they would like to keep the large shade tree that is on the property now.
     The board agreed to do a site walk 8:30 a.m. Monday, April 7 and to schedule a workshop for York Hospital 7 p.m. Wednesday, April 9. The board also agreed to having a meeting May 20.
     Also at the meeting, Mark Kim of North Hampton, NH, told the planning board he would like to open a dry cleaning business at 30 Portland St. ( MSP 03-05, Mark Kim, change of use, 30 Portland Street, Map 28, Lot 163.)
     Kim said the proposed business will be a drop-off and pick-up location for a dry cleaning business and no dry cleaning will be done on premises. Kim also mentioned that two apartments are located in the building.
     The board asked about parking, noting two parking spaces must be available for each apartment and one space must be available for each 300 square feet of business. The applicant told the board there is adequate parking with six spaces located behind the building.
     Board members agreed to a suggestion from Smith that they schedule a public hearing "just so the neighbors know that there is no dry cleaning going on, on the premises." Board members also decided to conduct a site walk 8 a.m. April 7.
     The planning board unanimously approved a request from Marybeth and Norman Laing of 51 Agamenticus Road, to upgrade their day care center.  
     The decision followed a public hearing on the issue (MSP 03-02, Map 29, Lot 28.) The Laings had submitted their plan to the board at the last planning board meeting March 18.
     Three abutters spoke on behalf of the upgrade and the Laings, saying they were very responsible.
     The planning board on April 1 approved of an application from Jass Fitness of Main Street to expand into the spot across the street that used to hold the video shop. (MSP 03-04, Jass Fitness, change of use, 18 Portland St., Map 28, Lot 165.)
     The owner of Jass Equipment told the board that the business is "just expanding to across the street and just adding more space."
     Board member Andrew Patterson asked, "Is it really an expansion, or is it two separate businesses?"
     The applicant said it is an expansion since both spots will offer the same services. They will offer fitness training and boxing classes in addition to what they now offer at their Main Street location.
     Board member Dennis Smith suggested, "It sounds like a gym to me. I wonder if we're stretching it?"
     Planning Coordinator Kathy Delp said the Code Enforcement Officer has reviewed the proposal and given his approval. Other Board members, responding to Smith's observation, said that right now, their job was to approve the application, and not to deem as to whether or not it is a gym.
     When Smith asked about signage, the applicant said two signs will hang internally.
     The meeting was adjourned at 9:06 p.m. All members of the Planning Board were in attendance, as was Planning Coordinator Kathy Delp. Fifteen members of the public were in the audience.

Note: the workshop to review York Hospital's proposal is at 7:00 p.m. Wednesday April 9, 2003.


Posted April 17, 2003

Planning Board/York Hospital Workshop
April 9, 2003

Reported by Rachel Schumacher

      Representatives of York Hospital discussed details of its design plans for a new medical facility on Portland Street at a workshop with the South Berwick Planning Board last week.
     The workshop was meant to help guide York Hospital in planning and designing its medical facility and the accompanying 50-space parking lot on the corner of Portland and Colcord streets. Steve Pelletier represented York Hospital and Mike Lassel represented Lassel Architects, the architectural company hired by York Hospital to design the new facility.
     At the start of the workshop, Planning Board Chairman David Burke announced that the public would be able to direct questions to the board and York Hospital at the end of the workshop. He asked Pelletier if that was acceptable to him. Pelletier said it was OK, but he was "not interested in debating the restoration or the saving of the Colcord house."
     He said that if there were comments or questions about the architectural design of the project or services that folks would like to see at the facility, then he was "all for that".
     Lassel showed color sketches to the board. The audience however, including this reporter, was not able to see the sketches from where they were sitting. One sketch appeared to be a bird's eye view that included the proposed building location/footprint, parking lot layout/location, and a landscape plan.
     The sketch also showed entry and exit locations for traffic flow. The board debated once again the idea of having one exit through the adjacent municipal lot leading to a final exit onto Norton Street. The plan Lassel presented showed a two-way split with an entrance and exit onto Colcord Street and an alternative exit into the municipal lot exiting onto Norton Street.
     Exterior lighting for the parking lot was also discussed. Lassel said the hospital is planning to use the taller, shoebox light because it gives off more light. He said that the decorative lights that the Board had referred to at the previous planning board meeting are lower and cast more shadows. He said their main concern was to make the parking lot safe.
     Board member Dennis Smith asked the hospital to use decorative lights closer to pedestrian areas. Lassel and York Hospital agreed to get light samples to show the board.
     All utility wires going into the medical facility will be underground from the pole, Lassel said.
     Board member Phil Kendrick suggested that the new building have design features that mimic features in the Colcord house. "Maybe you can save and reinstall some features of the old Colcord building," he said.
     A lengthy discussion followed over what type of windows should be used on the new building. Pelletier asked if installing windows with the glass on the exterior would be acceptable. He explained that the hospital is hoping to use these windows (with the munnions in an interior cavity and the glass on the exterior) because they are much easier to clean.
     Board members said, however, that the building's windows should have exterior wooden munnions to make it look as historically authentic as possible and to help it blend in with the rest of the houses surrounding it.
     They said the hospital may use windows more to their liking in the back and on the sides of the building. Board member Allan Breed said the Colcord house is of a Greek Revival style and therefore the new windows should probably be 6 over 6 (6 panes over 6 panes). It was noted that 1 over 1 windows were installed some time ago on the Colcord house.
     Visibly frustrated, board member Peter Cannell said, "Seems like some guys are trying to paint these guys into the way that it should be in the Historic District." He reminded the board that the proposed medical facility will not be in the district.
     Pelletier told board members he had "heard all your suggestions" and that York Hospital "hired Michael [Lassel] to design a building that will fit".
     There was a misunderstanding between the board and Lassel over which facade design the board liked. Lassel was under the impression the board favored one particular facade and had based the plans at the workshop on that assumption. But the board disagreed and said they liked another design option presented by Lassel earlier. That design, board members explained, showed "the house to look as close to the Colcord facade as possible".
     Pelletier spoke briefly about the decor in the community room and another area of the facility. He said that they would like to have a "historical gallery" pertaining to the South Berwick community. Board member Jack Shipley suggested artwork by students.
     Board members agreed to waive the height limit in the B2 District from 35 feet to 37 feet, in order for the building to have a 12" frieze (a decorative band that will go around the house under the roof).
     The board and York Hospital outlined the specifics that they came to agreement on:
     1. The front of the house will have a single door with sidelights
     2. The building will be white clapboards
     3. The front of the house will not have bay windows
     4. Windows on the front of the house will have 6/6 exterior munnions
     5. The board will waive the height limit and add 24 inches thus allowing the height of the building to 37 feet.
     6. The chimney will be brick veneer
     When asked about the possibility of using photovoltaic energy, as Pelletier had once mentioned, he said that "if there is a place that is not visible, then we would consider using photovoltaic."
     York Hospital agreed to present a formal submittal and finalize the drawings for the May 20 Planning Board meeting. They will provide a landscape plan, along with a lighting plan and a preliminary plan.
     David Burke opened the floor to the audience.
     Richard Clough criticized the board saying, "You asked that it look like the Colcord house. With all the changes you're talking about, it won't look anything like it...History [the historic district] has no basis on the building and the project."
     Breed said everyone on the board knows this won't be in the historic district, but we can require that the new building blend in with the houses that surround it that are in the historic district.
     "He [Pelletier] asked us what we wanted! I'm tired of hearing we
have no place in giving our input to the applicant," Breed said.
     Breed then quoted the following from the Zoning Ordinance under Major Site Plan review, "Relationship of proposed buildings to the environment: Proposed structures and developments shall be related harmoniously to the terrain and to existing buildings in the vicinity which have a visual relationship to the proposed building(s)...Proposed structures and developments shall seek to
establish relationships with adjoining open spaces, land uses, historic
districts and other elements."
     An abutter who lives across the street from the proposed facility on Colcord Street said he felt "strongly" that the parking lot should have a separate egress and a ingress, not the two-way split shown in the drawings. He also said that everyone's concerned about how the front of the building will look, but from his house, he'll be looking right at the side of the facility. He asked that just as much care go into the design of the side of the building as will go into the design of the front.
     Resident Wendy Pirsig distributed an informational pack to the workshop participants. She asked that they consider saving the Colcord House from demolition, stating that in other towns, planning boards have worked hard with the applicant without abandoning the original site.
     Nine members of the public were in the audience. All Planning Board members were present except for Andrew Patterson. Planning Coordinator, Kathy Delp was also there. The workshop ended around 9:10 pm.

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Posted May 7, 2003

Planning Board Meeting, April 15, 2003

Reported by Rachel Schumacher

     The South Berwick Planning Board on April 15 heard plans for a major new subdivision on Knights Pond Road and discussed the proposed plan for a medical building on Portland Street downtown.
     The board also approved an application for a dry-cleaning business at 30 Portland St., next to the mobile station.

                  Knights Pond Subdivision Proposed
     Sam Mick hopes to build a major subdivision off of Knights Pond Road, Map 13, Lot 34. Tom Harmon of Civil Consultants of South Berwick, representing Mick, presented two different plans to develop 75 acres -- one with two-acre lots and one with one-acre lots and considerable open space. Harmon noted the property also extends into Berwick and North Berwick, but the Micks are focusing on the property in South Berwick.
     The first subdivision sketch shown to the board mapped out a typical 18-lot subdivision with cookie cutter, 2-acre house lots radiating off the main road. A cul-de-sac was at the end of the road. Harmon explained that they looked at the soils and took them into consideration when creating the lots. He said the houses will be located to the back of the properties. The sketch also showed a right of way that goes into North Berwick.
     Harmon told the board that the state Department of Environmental Protection does not need to review the plan as long as the Micks develop only 14 lots.
     Although the sketches showed 18 lots, developers are willing to bring it down to 14, Harmon said. The Micks are planning to continue the subdivision into North Berwick in the near future, he said When that happens they'll bring the plan to DEP for review.
     The sketches that Harmon showed the board were far more thorough with regard to soils, topography and wetlands than would normally be submitted at this stage. Harmon said this was because 12 or 15 years ago the property's previous owners had had that work done by Civil Consultants, which still had that information. He noted, however, that the mapping will be redone and brought up to date.
     Harmon pointed out that the property borders Route 4 as well as Knights Pond Road. Developers are considering another entrance or two onto Route 4.
     The subdivision will also have public water.
     The second subdivision sketch Harmon presented showed 14 one-acre lots clustered in the woods. He noted that they left the fields open and that each lot has well-drained to moderately well-drained soils. The plan showed 20 acres as cluster development and 50 acres as open space. He also said that a lot of hardwood is located in the area of the proposed house lots.
     Harmon said the roads will have little impact on the wetlands, but he noted that the roads are longer than the maximum allowed by ordinance - 600 feet.
     Board Member Alan Breed asked if Harmon knew exactly how long the one of the roads were, but Harmon did not know the actual figure. A quick estimate revealed at least one of them to be around 2000 feet.
     Board member Phil Kendrick said Planning Coordinator Kathy Delp recommended the board get a third party review. When asked by Harmon why she thought that necessary, Delp replied that it was in order to have an "engineering review of the wetlands and the road".
     Board member Dennis Smith suggested that the board think beyond the 18 lots and that the project is not only affecting South Berwick, but also North Berwick. He went on to say that it's "a very substantial size project. The road is much longer than the ordinance says and there should be two entries into the subdivision."
     Breed, Kendrick and Smith all supported a third party review. The other board members present, Patterson and Shipley saw no need for it. Burke was "on the fence".
     Kendrick made a motion for the board to request a third party review, but it was not seconded. Others in support of the review felt that it would be better to schedule a site walk first, just to see what's out there. They then thought a request for the third party review would be appropriate.
     Board members decided to conduct a site walk 8 am Friday, April 25 before taking any further action. Members agreed to hold a workshop at 6 pm May 20, just before the next scheduled Planning Board meeting.

                  York Hospital Workshop Discussed
     The last order of business was discussion of the workshop that took place on April 9 between York Hospital and the board. The consensus of board members was that it went well. They decided to schedule a public hearing for the proposed medical facility 7:00 p.m. May 14.
     Board member David Burke acknowledged that there were a few people in the audience that would like to address the board on the issue of the new medical facility. He felt that it was appropriate for that to happen and would allow about one half hour of public comment.
     Resident Richard Clough was the first in the audience to raise his hand to speak.
     "I strongly suggest that you do not allow any other comments because this is not a public hearing," Clough said. "York Hospital is not here to rebut." He suggested the "board make a statement that the project is going forward and it will be done."
     Board member Andrew Patterson agreed with Clough. But Burke did not agree. He then opened the floor to the public and acknowledged resident Wendy Pirsig to direct her comments to the board on the new facility. (Read Pirsig's comments on the Citizen Commentary page.)
     Pirsig noted that there is often a question about what is historical and whether there is any independent measure?'"
     She noted that 90 percent of the buildings downtown were built long before anyone alive today was born and that most of Portland Street has been unchanged for over 100 years.
     In 1998, as recommended by the last South Berwick Comprehensive Plan, the town's planning board and the town council both approved an independent, professional survey of the village that showed that most of downtown -- from bridge to bridge and out to the golf course -- may be eligible for National Register of Historic Places.
     This is "an honor most towns in the United States would envy," she said.
     Pirsig argued that the policies and ideals of the South Berwick
Comprehensive Plan written in 1991 would support preserving the house. The plan says "historical and archaeological resources are a part of a community's heritage."
     According to Pirsig, "This is not about scaring a well-loved business out of town. We all value this applicant's medical services. ... What's clear though is that the applicant could reluctantly direct its architect, who is most capable, to adapt his proposal, spend the extra money, and build a nice medical center right there without demolishing the Colcord House."
     Pirsig asked the board to take advantage of its Site Plan Review
guidelines, and require certain steps be taken before a demolition can take place.
     She noted that the town council has delayed implementing some zoning ordinances to wait for the revised Comprehensive Plan. She argued that "2003 is not the year for precipitous action-- especially not on one of the largest projects the downtown has seen since the Fire of 1870."
     Resident Harlan Goodwin told the board he is not necessarily opposed to the project. But he wanted to share with the board a similar experience he had with the town of Saco.
     Goodwin said in the fall of 2000, when he was a vice president at the University of New England, the university wanted to build a clinic in Saco. UNE bought an old farm house there and decided that the cheapest way to build the facility was to tear it down, 'exactly what York Hospital did." The main reason for UNE to tear down the house was financial, Goodwin said.
     According to Goodwin, a "major hue and cry from the Saco residents" led the town to prohibit the demolition. Saco, like many other towns in Southern Maine, had become victim to the loss of its historic buildings through excessive redevelopment, Goodwin said. The house was very visible at a major intersection in town. Ultimately, Goodwin said, the Saco Planning Board decided to "listen to the people of the town."
     UNE was then told to design the new facility using the original old house. "It cost the school more money, but they found a way to do that." The result was an attractive, functional facility. Both UNE and the residents of Saco were pleased with the outcome. Goodwin suggested South Berwick Planning Board members go to Saco and look at the new facility, "a beautiful, historic farm house."
     "The Planning Board is responsible to the people in South Berwick not York Hospital," Goodwin concluded.
     Resident Clifford Cleary said he had heard that the building that everyone has been referring to as the Colcord house was not owned by Colcord, the cabinetmaker. Instead, he said, Colcord owned the building that is now Ham Insurance.
     Resident Nick Baker noted that the building is historical, sits among other historical buildings on Portland Street and should be preserved.
     Resident Aimé Duclos, who lives directly across the street from the Colcord house on Colcord Street, suggested the Planning Board think about tabling the York Hospital project until the comprehensive Plan is updated. He reminded the board of the recent decision by the town council not to adopt the 2500-square-foot footprint requirement in the downtown business district until the plan is updated.
      "Maybe the Planning Board should table this project too," he said.
      Resident Mary Vaughn backed Duclos' suggestion of tabling the project "for a little while." Vaughn said that the town needs to preserve Portland Street.
      "If a building of this size is placed on Portland Street there will be a traffic problem," she said. She asked that the board make traffic a major consideration in their decision.
      Just before the meeting was adjourned at 9 pm, board member Breed acknowledged that after hearing Mr. Goodwin's account of what happened with UNE in Saco, he is not totally convinced that the Colcord house should be demolished.
     (Read an account of this discussion in Foster's here.)

                        New Dry Cleaners Approved
      Before voting to approve the application for a dry-cleaning business from Mark Kim (MSP 03-05), the board held a public hearing on change of use at the property (Map 28, Lot 163.) No members of the public spoke.
      Kim, who had already been before the board (see April 1, 2003 report), said he plans to open a drop-off/pick-up dry cleaning business at the Portland Street location. The board approved the plan provided "no vehicles will back out onto Portland Street when exiting the business."

                              Speed Limits on 236
      The board earlier this month also discussed a letter from Public Works Director Terry Oliver saying that the Maine Department of Transportation has changed requirements for major state arteries like Rte. 236. Oliver, who was at the meeting, said the section of Rte. 236 that is likely to be home to a future industrial park is also the only stretch of Rte. 236 with a 55 mph speed zone. The state DOT's new standards says that not more than 100 vehicles an hour can pass through a 55 mph speed zone. (This limit would be unrealistic if an industrial park housing an asphalt plant and other businesses opens there, as may be the case.)
      Oliver also said if the speed limit is lowered to 45 mph on that section of Rte. 236, a traffic light could be installed.
      Oliver asked the board to consider changing the speed limit on that section of road to 45 mph. Board member, Dennis Smith suggested the board look into an alternative access road into the industrial park, rather than adding a light or changing the speed limit change. The board decided not to lower the speed limit at this time.

                        Parking for a Subdivision
      The board also discussed the recent site walk on lower Main Street and determined review standards for an application by Tim Allen, Tri-plex, Map 30, Lot 17 (MSP 03-03) to add another apartment. Allen had been before the board twice before.
      Board member Allan Breed noted the building has a wooden structure foundation and recommended that the board ask Allen to "have an engineer look at it to make sure it's a safe building."
      Board Chairman David Burke told Allen the board decided to review the project as a subdivision because of the number of buildings involved and the projected number of apartments that the applicant would like to build.
      Some discussion ensued over the number of parking spaces needed based on the amount of apartment units, but there was some confusion over specifics. Board members decided a workshop would help the applicant and themselves and decided not to review the application further until that happens.

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Posted June 4, 2003

Report on the York Hospital Public Hearing, May 14, 2003

Reported by Rachel Schumacher

      About 200 people showed up May 14 for a public hearing held by the South Berwick Planning Board regarding a medical facility York Hospital wants to build on the corner of Colcord and Portland streets. The majority of people who spoke supported York Hospital coming to South Berwick, regardless of the project's proposed design.
      York Hospital President Jud Knox and hospital spokesman Steve Pelletier started the presentation by describing what they called the long and constructive relationship York Hospital has had with the town of South Berwick. Knox noted York Hospital recently donated $5,000 to the Children's Leadership Council for construction of a new playground in town.
      Knox said core issue is whether the facade of the building the hospital is proposing fits into the streetscape of Portland Street as well as the facade on the existing building, known as the Colcord House. He said the interior of the Colcord House has little or no historic value and engineers have determined it is not fit. He said the exterior walls on the proposed building design are just as attractive as the existing Colcord House facade.
      Pelletier said how much he regretted the controversy.
      "York Hospital is about providing excellent medical care to everybody regardless of their ability to pay," Pelletier said. He described how the people of South Berwick asked York Hospital to bring Great Works Family Practice to the town. He also stressed that after repeated requests by the people of South Berwick to "bring more services to the center of town," York Hospital decided to do just that.
      After searching for real estate in town, the hospital found and purchased the two properties on Colcord Street in 2002. The Colcord House--one of two homes there now--a circa 1830s house. York Hospital would like to demolish the existing buildings to build a new three-level structure, with a 6800 sq. ft. footprint, and 50 parking spaces.
      York Hospital hired South Berwick architect Mike Lassel in November of 2002 to design the medical building. Lassel said it was very important to look at the "fabric" of Portland Street and figure out how a new building would fit in. The preliminary designs were reviewed by the planning board and have evolved through discussions with the board, he said.
      Pelletier described a long list of structural problems with the existing house on "57 Portland Street." Reiterating what Knox had said, he said the hospital had hired JSN, a structural engineering company from Portsmouth, which deemed the house "inadequate."
      "The house would need extensive work: it will have to be entirely gutted, beams will need to be sistered or replaced. We cannot spend money on renovating 57 Portland," he said.
      The facility's proximity to the Sarah Orne Jewett House and the
Jewett-Eastman House (the public library), both in the historic district, has led to opposition from both historical preservationists and residents.Many are troubled by York Hospital's plan to demolish the Colcord house, which has been part of South Berwick's streetscape for over 100 years.
      Opponents of the proposed project have asked York Hospital to ensure that the historical integrity of Portland Street remain in place by preserving the facade of the Colcord house and incorporating the new building design into it. Opponents also voiced concern with the size of the proposed parking lot, which will be in the rear of the property, adjacent to two other large lots servicing the Post Office, Ocean National Bank and the Dover Family Practice.
      "This is a really, really big project," pointed out resident Nick Baker. Baker asked whether the people of South Berwick want to see the majority of this historic block in the heart of the village, paved over with asphalt.
      Supporters of the project say South Berwick needs the convenience that the medical facility will offer the community. Many supporters who were senior citizens spoke of their frustration at traveling some distance to get to doctor appointments in other towns in New Hampshire and Maine. Some voiced their support of the new building design saying that it will look exactly like the Colcord House.
      Former town Councilor Kathryn Woodard said she welcomes the medical facility into South Berwick, instead of "some gaudy office building or a McDonald's."
      Bob Brackett, also a former town councilor and a former planning board member, suggested that the planning board "leave emotions out of it. Consider the facts."
      Resident Jean Demetracopolous said she has "mixed feelings" about the proposed project. She expressed frustration with a failure by the town to provide adequate sites in the Industrial Zone.
      Demetracopolous went on to say that York Hospital could very well fall victim to its own successes and have to abandon the new medical facility in a few years because it will have outgrown it. It all comes down to the livability of town, she said.
      "I'd hate to see blocks where there's no residential use," she said.

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Posted June 4, 2003

Report on the Planning Board Meeting of May 20, 2003

Reported by Rachel Schumacher

      The South Berwick Planning Board voted May 20 to approve York Hospital's preliminary plan for a medical facility at the corner of Portland and Colcord streets. The plan calls for demolition of a 173-year-old building at 57 Portland St. The hospital must still get approval on their final plan.
      Board member Allan Breed, who is also chairman of the Historic District Commission, announced before the meeting that he would recuse himself from casting a vote on the medical facility. Breed made this announcement after a brief discussion among the board members of the Portland Press Herald's coverage of a May 14 public hearing on the proposal. In this discussion, Chairman David Burke indicated he was annoyed with the newspaper's reporting, and said "the media interprets the way they want to interpret.
      Burke indicated the article was biased, portraying Breed as an opponent to the proposed demolition. York Hospital's plans call for removing that building to make way for a new, 6,500-square-foot footprint facility.
      Breed said his quote in the newspaper was taken out of context and that he regretted that it had happened. He then said that he would recuse himself from voting on York Hospital's facility.
      It's "best for the town and the smooth functioning of the board, for me not to vote on the issue," Breed said.
      This discussion preceeded the formal portion of the board meeting, which included York Hospital's presentation of a preliminary plan followed by public comment.
      The request by York Hospital (MSP 03-06 York Hospital; expansion of existing services) begin with Steve Pelletier of York Hospital saying he was "very impressed by the town meeting" the week before. He then turned the floor over to Mike Lassel, the architect who designed the medical facility.
      Lassel said one of the key issues that the hospital has been working on was the design of the site plan for the new facility. He showed the board revised plans detailing specifics, such as where trees would be planted, what kind of windows would be used, building elevations and a lighting plan.
      The hospital plans to use a traditional, lantern type of light, which would give off the least amount of scatter for the neighbors and be uniform with the rest of the lights in South Berwick.
      Lassel said the existing building and the proposed building are "almost identical" in height. The windows on the Portland Street side of the building would be six panes over six panes and the rest would be two over one.
      The hospital will "try to depict the new building to be like other Portland Street buildings that have been added on through time," Lassel said.
      The issue of traffic and parking was also addressed. Lassel said people would use exits onto Colcord Street, as well as into the municipal parking lot that exits onto Norton Street.
      Pelletier added that York Hospital has found it most effective (when designing a landscape) to follow the natural contour in the parking lot.
      "You can do a lot with signage and civil design" to help with the traffic flow, he said. Parking spaces will be angled slightly to help with the flow as well, he added.
      After the board voted to approve the plans, Burke suggested the board wait to take public comments at the next meeting, when the final plan will be reviewed.
      "In fairness to all, we [should] bypass any public audience regarding York Hospital tonight" and give both sides their last comments (which would be limited to 10 minutes) at the final plan review, he said.
      Breed and board member Phil Kendrick said they'd prefer to hear comments sooner rather than later.
      Board members Jack Shipley, Andrew Patterson and Peter Cannell all thought anything said would have to be new information given by one spokesperson with a time limit.
      There were about 25 members of the public, and many were visibly agitated as they repeatedly tried to comment. They were finally allowed to do so.
      Resident Richard Clough warned if residents are not allowed to speak, it will "divide the town."
      "We're on the same side," he said, "It's just a matter of what the building will look like."
      Shipley suggested a time limit of two minutes for individual public comment.
      Resident Nick Baker said the board would be (legally) in trouble if it bypassed Public Audience. Baker also suggested that the existing building be kept and the project scaled down.
       "The parking lot is maxed out because of a building that does everything," he said. "Ask York Hospital to decrease the size of the lot."
      Resident and former town council member Roland Chase disagreed with Baker saying that the "lot is proper. At this moment, it"s time for the planning board to make a decision."
      Resident Wendy Pirsig said the York Hospital facility has not been under review by the planning board for that long a time considering the magnitude of the project.
      She asked board members whether they have any doubt that the Colcord House is an historic building. And if board members agreed the building is historic, she wondered, "Why would it be disregarded?"
      Pirsig suggested that the board ask York Hospital to accept Maine Preservation's offer to do a structural review of the existing Colcord House.
      Aimé Duclos, who lives next door to the proposed facility, said he was never opposed to York Hospital coming to South Berwick -- he was just opposed to the location. He said that at York Hospital's suggestion, he looked at the new medical facility in Wells.
      "It's lovely, but it's big," he said. According to Duclos, a building the size and scale of what York Hospital wants to build should not be permitted in the middle of South Berwick's village.
      Other residents supported the new building, including Albert
(Junior) Roberge and Raynold Holton.
      "The issue is whether or not it's historical -- it's not," declared Holton. He then spoke of the oldest schoolhouse in town on the
corner of Emery's Bridge Road and Belle Marsh Road. "That building is a documented historic structure" which he would gladly
fight to preserve. He explained that it is in need of much repair because the roof has caved in from last winter's snows.
      Brad Christo, a member of the Comprehensive Plan Update Steering Committee, suggested York Hospital should be aware of what the other Comprehensive Plan subcommittees were envisioning for the town.
      Each subcommittee is made up of a mix of South Berwick citizens. Members of the committees have been meeting publicly for the past three months, scouring and sifting through the first comprehensive plan that was completed in 1991 and updating it with a vision that fulfills South Berwick's needs for the future.
      Christo offered York Hospital preliminary reports by the downtown and traffic subcommittees.
      Shipley, who is also Comprehensive Plan Update Chair, became agitated and asked that Christo not share that information with the public because it is preliminary and not for public consumption yet. Christo obliged and asked York Hospital for the reports back.
      All members of the board were present except Dennis
Smith.

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Posted June 26, 2003

Report on the Planning Board Meeting,
June 3, 2003

Reported by Rachel Schumacher

     The South Berwick Planning Board last week denied a request from a homeowner who wanted an amendment needed for a variance to allow him to build a home in an area not approved for a residence in the Noyes subdivision on Pond Road (MSP 03-07).
     John Wold, who would live in the home with his wife, told the board he mistakenly put the foundation of the building 60 feet outside of the approved building envelope. The couple hoped the board would pass the amendment the couple needed to proceed with construction.
     According to board member Phil Kendrick, when the board reviewed the plan in 2001 it was made clear where the house lots should be.
     "We were committed to placing the house lots in their present locations," Kendrick said.
     Planning Board Chairman David Burke echoed Kendrick, saying the board "spent a lot of time down there on that site making sure that the open space is preserved."
     The applicants were visibly disappointed over the board's decision.
     Frick, Wold's wife, pleaded with the board, saying the couple is building their home on a "shoestring budget -- John made a mistake."
     She said that they waited a long time for a loan from the bank. Finally it was granted and they were able to proceed with their home construction. If they have to start over and move the foundation it would be very hard for them.
     Burke said with regret that the board cannot issue the amendment for the variance, but suggested the owner go before the Zoning Board of Appeals and explain their hardship. The ZBA will look at their hardship and possibly award them the variance they are requesting.
     Also at the meeting, Dogwood Drive residents asked the board to review a home worship site on their street that was given temporary approval in 1999 (MSP 99-01). The neighbors of John Hersom, a Seventh Day Adventist who lives at 21 Dogwood Drive, said the board was supposed to review the permit after six months.
     Hersom, who operates a Home Worship out of his home, went to board in 1999 for a major site plan review. His application was approved and he was granted a special use permit. At that time, the board required a review of the permit after six months.
     Hersom told the board he invested $4,000 to $5,000 into parking at his home because he "wanted to do it right." He also said that he spent $500 on a sign and landscaped around it.
     Hersom expressed dismay at the complaint from his neighbors saying the worship site has been "a constant source of aggravation." He also presented a petition signed by his other neighbors saying that they have no issues with the home worship that Hersom conducts.
     The board permitted John DePalma, a representative of the Seventh Day Adventists, to speak on Hersom's behalf. DePalma said the church's process of home worship involves a host inviting friends and family into their home for bible study. Eventually, when the membership grows to around 15 or 20 people, a hall is rented. When membership exceeds 30, the group may apply for church status and try to locate a site in or around their community.
     Hersom said his home worship hosts six to ten people who meet about twice a week. He introduced two elderly women in the audience that attend his home worship who were there to show their support for him.
     The board discussed the facts regarding Hersom's home worship, including lighting and egress from the residence. Members said it appeared that he had done everything that is required.
     "I feel that I've abided by the board. I hope you'll allow me to continue," Hersom said.
     Board member Dennis Smith suggested that the board table the review until the code enforcement officer can look at the home worship site. The rest of the board agreed and said that a decision would be made once they hear back from the CEO.
     The board discussed a letter from Tom Harmon of Civil Consultants of South Berwick in reference to the proposed Mick subdivision in South Berwick, which was scheduled to go before the Berwick Planning Board on June 5.
     The Berwick Planning Board requested that representatives of the South Berwick Planning Board attend the Berwick meeting to address the issue of the subdivision, which extends into Berwick. The Mick's have not yet submitted a subdivision plan to the town of Berwick. The board agreed to send someone to the Berwick Planning Board meeting.
     Board members also discussed a letter from Jean Demetracopoulos of the Great Works Regional Land Trust. The letter was in reference to the Roe Fields subdivision that was approved by the board in 2002.
     At the time of approval, the developers agreed to donate two lots to the trust. In the letter, Demetracopoulos informs the town that the title of the deeds is not acceptable to the trust because it is not the same as what was originally discussed.
     Planning Coordinator Kathy Delp said that the deeds regarding the homeowners association and the covenants were all reviewed and agreed to when the subdivision plan was approved. Now, "a couple of things [in the deed] aren't the same -- We caught it."
     Board member Allan Breed wondered, "If it's not settled, what's our recourse?"
     "Maybe not allowing more building permits," Burke responded.
     Smith agreed with Burke, recommending that the board make a decision "tonight" and not issue more building permits until it's resolved. He also asked if there was a timeline for the developers to submit the deed.
     Delp answered that there was not.
     "If there is no time line, then we've made an egregious error," Smith said.
     "We trusted them - Mr. Harmon [of Civil Consultants] assured us it would be in order," Breed said.
     The board discussed the possibility of retracting the approval of the Roe Fields subdivision and acknowledged that they may have to talk to a lawyer.
     South Berwick resident Nora Irvine told the board during the public portion of the meeting that she was concerned about two recent incidents, both related to the York Hospital medical facility and to freedom of speech issues.
     Irvine didn't elaborate, but indicated she was upset that members of the community tried to get "Demolition - No, Village-Yes" signs removed at the request of local veterans before the Memorial Day parade.
     She said she was also concerned about negative reaction to having press coverage, "when people think that media reporting is a problem."
     Irvine was referring to a discussion at a recent board meeting when a board member criticized an article in the Portland Press about the proposed York Hospital medical facility. In the article, board member Breed was interviewed and his comments were perceived by some of the public as biased. In response to that, Breed recused himself from any future voting regarding the York Hospital project.
     Breed explained to Irvine, "I felt that if the perception was that I was biased, it was not fair for the rest of the members of the board. I did not want the planning board to be perceived as biased."
     Board members Andrew Patterson and Peter Cannell were not present at the Planning Board meeting. Following the adjournment of the regular meeting, the board went into a workshop with Tim Allen, owner of the Triplex Apartment building.

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Posted June 26, 2003

Report on the Planning Board Meeting,
June 17, 2003

Reported by Rachel Schumacher

     The South Berwick Planning Board has approved York Hospital's final plan (MSP 03-06) for a new medical facility in South Berwick's village on the corner of Colcord and Portland streets.
     The board approved the plan unanimously for a new 6,500-square foot footprint building at its June 17 meeting after hospital officials described a few small lighting and parking changes they have made to the design proposal. Board member Allan Breed was present but did not participate in the vote because he had recused himself from voting on the project.
     The 173-year-old Colcord House will be demolished within a month to make way for the project, and construction is set to begin this fall, according to Steve Pelletier of York Hospital.
     The hospital's "intent all along was to build a building that will fit into the South Berwick landscape," Pelletier said.
     The main change the hospital made to its plan was to make a one-way entrance into the site from Colcord Street and an exit through the municipal parking lot onto Norton Street, Pelletier said. As a result of this change, the hospital will be preserving the streetscape by saving a stand of large specimen pines near the parking lot, he said. The hospital has also included 12-foot-high lights appropriate for the area and of residential scale. These will ensure no light spills into surrounding homes.
     Carl Beal, an engineer with Civil Consultants of South Berwick, reviewed the parking lot and storm water management plan with the board. Beal said the hospital changed the parking lot to allow the pavement to be graded 5 to 6 percent, which will also provide a level area at the entrance to the building. The storm water management system will use catch basins that tie into the existing line discharging drainage to the Norton Street gulley.
     The goal of the design is to buffer the parking area, according to Michael Lassel, the project architect. The lot has been whittled down from 49 to 44 spaces, leaving more room for green space, he said.
     After some discussion, the hospital and board agreed some spaces will be angled slightly to help traffic flow.
     There will be two signs around the medical facility: one on Portland Street, illuminated with outside lights, and another at the parking lot entrance. Small directional signs will also be located in the parking lot as well as painted on the pavement.
     York Hospital officials agreed to a reques from planning board member Dennis Smith that new maples trees planted be increased from four to five-inch caliper on Portland Street.
     The existing Colcord house will be taken down by mid July and replaced with light landscaping, Pelletier said. Construction, set to begin in September or October, will run 7 am to 5 pm Monday through Saturday, and should continue until next July.
     Dr. Yarian's office at Great Works Family Practice will remain open during construction. The hospital will use all of their property, which includes the Eaton house, to make parking available, Pelletier said.
     York Hospital agreed to pay for sidewalks on the block, which will be built by the town. Planning Coordinator Kathy Delp said Town Manager Jon St. Pierre and Public Works Director Terry Oliver suggested this arrangement, which was also the arrangement with the Dover Family Practice facility. Before starting construction, York Hospital will make final changes to the site plan and submit it to the planning department.
     Pelletier praised architect Mike Lassel, a South Berwick resident, for his work developing the site and working with the town.
     Also at the June 17 meeting, the board asked Tim Allen to return again next month with some changes to his proposed triplex plan on Lower Main Street. The plan presented at the meeting was created based on input given by the planning board during a June 3 workshop on Allen's project.
     Allen summarized his changes to the board, pointing out problem areas and how he is trying to remedy them. He explained that he is looking at the possibility of paving a common driveway and relocating the dumpster. He said he would add area lighting and a fence in the parking lot as well as other aesthetic additions.
     Allen said that he is hoping to make sewer and water connections at Main Street and bring that straight to the barn underneath the parking lot. But he noted that the timing of this is very important and he would like to take advantage of the road work that is now being done, while all the machinery is in place.
     Allen's plan was short four parking spaces based on the requirement for the size of his buildings. Because of this parking space shortage, the board was at odds about whether or not to issue a waiver.
     Board member Dennis Smith noted, "I have a hard time considering issuing a waiver. We just reviewed York Hospital, a much larger project. They didn't ask for waivers."
     Board member Allan Breed stated, "We can waive the spaces, but we can't make the cars that may need to park there disappear."
     Smith suggested Allen try to fit a couple more spaces in the lot by
removing some shrubs. He said he'd like to see a landscape plan as well as paving the driveway between the buildings. If these are done, "I'd consider waiving two spaces."
     The board agreed to move forward and hold a public hearing for the project on July 1. Allen was told to bring a revised sketch plan and lighting plan to the meeting.

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Posted September 4, 2003

Planning Board Meeting, July 1, 2003

Reported by Rachel Schumacher

     Any future subdivisions in a large parcel of land being subdivided in North Berwick, South Berwick and Berwick, must be reviewed by all three towns, according to an opinion given by the Maine Municipal Association.
     In a letter, the MMA told the Berwick Planning Board the Mick subdivision has acted legally so far, but must send future subdivision plans to all three town board. The subdivision will be reviewed in the future by the South Berwick Planning Board. (See report from April 15, 2003 Planning Board meeting.)
     The land that the Micks want to develop off Knights Pond Road in South Berwick also extends into Berwick and North Berwick. The Berwick Planning Board had asked the MMA whether the land was subdivided in the three towns legally.
     In the letter to that board, which was also sent to North Berwick
and South Berwick planning boards, MMA concluded that the initial division of land owned by Sam Mick was not illegal. But the association said any future subdivision of the land, in any town, must have a three-town review and approval process.
     Also at the July 1 meeting of the South Berwick Planning Board, a plan for a triplex on Lower Maine Street was approved by the board, with only Phil Kendrick objecting. The following six conditions were set:

            - Two parking spots must be moved in back of the building to provide
              for green space.
            - The board must be given size and heights of all plantings.
            - An eight-yard dumpster must be tipped twice a week and enclosed
             
with a six foot fence.
            - Adequate barricade must be placed around the propane tank.
            - There must be 25 parking spaces available year round.
            - Seeding must be put in front of shrubs.

     Allen, who has been before the board numerous times, addressed concerns that the board had with his application. He said he will move a light pole and will add more outside lighting. Two new parking spaces were also added -- one after the dumpster was relocated and the other in front of the porch where the video store is. Allen also said he will add evergreen shrubs, red oaks and a fence to the property.
     Allen said the owner of the property next to his building is concerned that paving their shared driveway may increase traffic there. He asked if the board could omit the requirement of paving the driveway.
     The property owner and the only abutter who showed up for the hearing was Town Councilor Sue Roberge. Roberge said Allen had asked her if she would share the cost of paving the driveway between his yellow apartment building and hers. She said he called with a price, but said she wants to see the paperwork. Roberge's
other concern was if the dumpster Allen is planning to use will be the same size. "Currently, there is trash overflowing at all times," she said, and suggested that another dumpster is needed if Allen is adding three more units.
     Roberge said she appreciated Allen finding the "necessary parking for this proposal." She also said Allen needs the driveway paved, but she does not.
     The driveway serves his two units. "I plow it -- Years ago my
grandmother deeded half of the driveway to my aunt who lived in the back."
     Board member Jack Shipley asked Allen how the driveway would be used. Allen said he thought maybe four units would use it.
Planning Board member Phil Kendrick addressed "concerns shoehorning parking wherever we can find space."
     He suggested that open space be added for residents "instead of a sea of asphalt" by moving two parking spots to the back of the building to provide for green space. The board unanimously supported the idea.
     Much discussion followed as to why Allen's plan called for a
retaining wall next to the building. A failed motion to redesign the
retaining wall was made by Kendrick. Planning Coordinator Kathy Delp was "concerned that if the retaining wall is redesigned, it may screw up what already has been designed."
     Board member Dennis Smith requested the red oak trees that Allen plants will be of three inch caliper. Smith also asked that Allen tell the board the size and height of all the plantings that will be going in when he brings the plan to final review.

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Posted September 4, 2003

Planning Board Meeting, August 19, 2003

Reported by Rachel Schumacher

     The South Berwick Planning Board this month appproved plans for a new water filtration facility that town water officials say is necessary to remove high levels of iron and manganese in a town well that supplies more than half the town's water.
     Also at the Aug. 19 meeting, the South Berwick Planning Board approved plans for a Curves for Women exercise facility in the former laundromat on Paul Street.
     Mike Nadeau, superintendent of the South Berwick Water District (MSP 03-09). presented plans for construction of a new filtration facility at the site of existing Willow Drive Pumping Station.
     
The water supply has become degraded because of high amounts of iron and manganese in one particular well, Nadeau said. This well accounts for half the town's water supply, he said. When the drought hit, residents in Agamenticus Estates had water that resembled "ice tea" coming out of their taps, he said.
     
Building a filtration plant will remove the high amounts of iron and
manganese from the well as well as small amounts of arsenic, a naturally occuring element in small amounts, Nadeau said. He also said the existing, 20-year-old building is too small to meet demand.
     
The proposed facility would be an addition to the existing building on Willow Drive. It has been designed to resemble a barn and is similar to the design of the new pumping station recently built on Junction Road.
     
The board approved the application unanimously.
     
The application for the Curves operation was made by Vicky and Marcus Tufts, who wanted a change of use (MSP 03-08). The Tufts hope to open around the beginning of October, they said.
     
The applicants told the board all employees of the facility must have CPR training. They also said that the exercise equipment is all hydraulics with no electricity used to run them.
     
The board determined the six parking spaces at the site and a municipal lot next to the building would provide enough parking.
     
The Meeting adjourned at 7:40 PM. Board members Allan Breed and Dennis Smith were abse

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Planning Board Meeting
September 16, 2003

Reported by Rachel Schumacher

     Residents who live on Belle Marsh and Earls roads packed the Council Chambers last week to learn more about a major subdivision being proposed by a member of the South Berwick Planning Board, who is also a developer.
     ATP Inc., owned by board member Andrew T. Patterson, hopes to put 71 house lots on 300 acres of land in the area between these two roads. (MSP 03-10).
     The board talked about the impact of the development on local wildlife, on sprawl and on the town's school system.
      About 30 residents, the majority of them from Earls and Belle Marsh roads, were at the meeting, but were not allowed to speak publicly. Patterson, who recused himself from the review, sat in the audience while Tom Harmon of Civil Consultants Engineering in South Berwick represented him in presenting the plan.
      According to Harmon, ATP has been working along with Inland Fisheries and Wildlife, who are concerned about the development's impact on wetlands and habitat. The blandings and spotted turtles, both endangered species, as well as other animals including the cottontail rabbit have been documented in the area, he said. Woodlot Alternatives, an environmental outfit, also has wetland and wildlife issues, Harmon said.
     The plan is the same as the one presented to the board two years ago. Since then, ATP has sat down with IF&W to discuss what would be good for the development, Harmon said. Surveys for wildlife have been done but the report has not been given to developers yet, he said.
     Harmon described the proposed development as "essentially a cluster plan," with 71 house lots. All lots will have on site water and sewer. The lots will range from just under an acre to six acres. He pointed out that not all of the lots can be developed because of wetlands, soils or topography.
     In that case, a roadway, lawn, septic or well could be located within an easement. Owners of the lot would be responsible for maintaining easements.
     ATP is interested in trails and storm water detention and treatment, he said.
    A U.S. Geological Survey map of the plan showed the project's location, sitting near the York town line and the Belle Marsh reservoir, which is owned by the Kittery Water District. Other maps presented by Harmon provided information on soils, topography, wetlands and slopes.
     Lots would be accessible from Belle Marsh Road and Earls Road. The finished plan of the development showed 2.5 miles of roads and five cul de sacs, one measuring 3,500 feet long. Zoning allows 600-foot cul de sacs. The plan will initially have more than a mile of dead end road because Patterson is planning on completing it in sections.
     "The developer doesn't want to put a lot of money into infrastructure (roads)", he said. He stressed that the road going through the development will not be a shortcut or a through way.
     Planning Board Chairman David Burke said he would like a third party to look at the 3,500-foot cul de sac "going out into the woods" and perhaps come up with another option.
     Kendrick agreed the 3,500-foot cul de sac was excessive, and suggested there needs to be another way out. Smith said they could add another outlet further down, onto Belle Marsh Road.
     As far as the cul de sac, Harmon responded that "your ordinance of 600 feet is not reasonable."
     That is the ordinance, Planning Board member Phil Kendrick noted. "We can waive it but we can't change it."
     A frustrated Patterson suggested he is willing to protect habitat if he is allowed the longer cul de sac.
     "We can protect habitat and put in a longer cul de sac -- that's the trade off," he said.
     The only major concern of the state Department of Environmental Protection is storm water management, Harmon said.
     The entire development would be done in about five years, given current market conditions.
     Burke asked Harmon whether he had talked to the planning department about a third party review. Harmon said that it was "your option".
     Planning Board Alternate Dennis Smith, who was sitting in for Patterson, made a motion for the third party review before going on a site visit.
     "I want someone on board from the beginning -- and at the applicant's expense," Smith said. Kendrick seconded the
motion.
     Harmon asked for a structured time frame "so there's not an open checkbook -- give us a budget as to what it would take."
     Smith said he does not want the board locked in to one consultant and would like there to be a selection. Planning Coordinator Kathy Delp said the board can't pick a consultant -- it has to be someone that the applicant wants. Kendrick suggested they look at two or three possible candidates. It was agreed Delp would come up with a selection of consultants.
     The board discussed the location of the so-called "turtle habitat" in relation to the developable areas. Harmon said that IF&W has walked the road layout and "It is our belief that they found it acceptable."
     When asked how homeowners will know what can and can't be done on their lot if it is located near turtle habitat, Harmon suggested that restrictions be written on the deed. He said a consultant on the turtle issue suggested "interspersing the housing with the habitat" -- illustrating the idea of turtles laying their eggs in the gravel along side home owners' driveways.
     Delp suggested someone from Woodlot Alternatives help the board understand what can and can't be done. Board Member Allan Breed suggested it would be helpful to hear from IF&W before the site walk. Kendrick noted the consultant isn't even on board yet to help make a decision.
     Breed and Board member Jack Shipley asked if there was enough open space. Shipley noted there was wetland and wildlife habitat, but that there didn't seem to be any common space for people to use. Harmon suggested there could be walking trails or a picnic area, but not a ball field because the topography of the area did not support it.
     Smith suggested a maximum building size be set for each lot. He