|
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.
ˆBack to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack
to top
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.
ˆBack
to top
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
ˆBack
to top
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 also said he would prefer less road and smaller lots.
"This is pretty much sprawl," he added,
to a round of applause from the audience. Smith asked that the town get
a bond for whatever road system is on five-year phasing. The proposed
road is 20 feet wide with a gravel walking trail.
"I'd like to see granite curbs, a sidewalk
or network of trails," he said. He noted that the developer may have
to pay impact fees, which will be included in an updated Comprehensive
Plan within the next year. Smith also talked about the possibility of
having smaller lots with a central sewage location.
Harmon also noted there will be more rights of
way, but said they weren't sure where, because of sketchy deeds. He said
if someone makes ATP aware of a defined ROW, it will be added to the plan.
Shipley noted that if the town doesn't prepare
with the school department for such a big subdivision "we're making
a big mistake." He suggested asking the school board to asses the
impact of such a development on the school system.
Delp said she hoped to have a consultant by the
next meeting. Smith wondered why the hurry, noting, "They worked
on this plan for a year."
Although Smith was concerned there was no fire
pond, Harmon said the fire chief would have to request that. He noted
fire trucks now have large capacity water tanks.
Patterson said he is not sure if he will build
the homes, which left
Kendrick with concerns about the quality of the subdivision. Patterson
assured him covenants on the land will ensure the quality of the homes.
Smith asked about underground utilities, required
by ordinance.
"What you've done is pretty good with the
least impact on the land," he said, but reiterated that he'd like
smaller lots and fewer cul de sacs.
Again in frustration, Patterson responded "DEP
and Fish and Game steered us away from more roads! Now you tell us you
don't want that!"
The audience was not invited to comment on the application.
Also during this meeting, Burke was elected as
Chairman, Shipley was elected as Vice Chairman, and Patterson was elected
as Secretary.
The meeting was adjourned at 8:29 PM.
ˆBack
to top
posted October 17, 2003
October 7, 2003
Planning Board Meeting
Reported by Rachel Schumacher
Edward
Jones Investments to Move
The South Berwick
Planning Board on Oct. 7 gave Warren Spencer permission to move his business,
Edward Jones Investments, from Main Street to his home at 99 Portland
St. (Map 28 Lot 89; MSP 03-11). The office will be in an upgraded, rehabbed
barn, and will employ two part-time workers, plus Spencer, Spencer said.
The board waived the requirement that
there be a public hearing on Spencer's application, and gave him permission
to operate from 8:30 AM to 5 PM.
Before the board gave its approval,
Spencer's immediate neighbors, Deb and Richard Smith, said they support
the idea, although they initially were concerned with the parking and
"wanted to know what was going on there because the houses are real
close together."
The Smiths noted they remain concerned
with the potential of more businesses coming to the residential section
of Portland Street and adding to the traffic problem.
All abutters within 250 feet have
been notified, Spencer said.
Planning board member Phil Kendrick
first suggested waiving the
public hearing.
"It can't hurt to have one,"
argued Alternate Planning Board member Dennis Smith, noting that Spencer's
home is in a sensitive area in town, a "hot contested area."
His home sits a few houses down from the now demolished Colcord House,
which was the subject of much controversy this year when York Hospital
announced plans to replace it with a medical facility.
Kendrick argued that the previous
owner of Spencer's house, Dr. Owen Stevens, a veterinarian, also had a
home occupation at that address.
Spencer added that Stevens kept his
office until he left last year.
Village
Motors Expansion
Also at that meeting, the board gave
John Hayes of Village Motors permission to add two service bays and a
storage area to his business on Route 236. (Amendment to previously approved
site plan, Map 2 Lot 41; MSP 093-12). Hayes said he wants to excavate
into the rear of the bank behind the building on Route 236 and build a
30-foot addition.
The board again voted to waive the
requirement for a public
hearing, with Smith opposing this waiver as well. Smith said the board
"should hear from the neighbors."
The application was approved on the
condition that all state and
federal requirements for floor drain systems are met.
When asked about a grease disposal
system, Hayes said the grease goes into a 500-gallon tank then ties into
town septic or a holding tank.
The primary use of the business is
retail auto sales, with about 25
percent of his business in auto repairs and the rest in sales, Hayes
estimated.
Roe
Fields Sidewalk Amendment
The board also approved an amendment
allowing a developer to put in a sidewalk at the Roe Fields Subdivision
off Route 91 (Amendment to approved sidewalk and curb. Map 2 Lot 41; MSP
03-13). Tom Harmon of Civil Consultants Engineering in South Berwick represented
the developer, Barletta.
According to Harmon, Barletta met
with the South Berwick public works director and the town manager to reach
the decision that the curbs should be of sloped granite and the sidewalk
should be bituminous asphalt with a 2 foot wide strip of green space between
the two. The green space is included because the bituminous does not adhere
to granite very well, Harmon said. The sidewalks were approved originally
for concrete.
Planning Board member Allan Breed
asked why they weren't going with concrete, and Harmon said bituminous
asphalt has "ease of repair and flexibility." Harmon intimated
that the board should support the public works director, the town manager
and the Barletta opinion by stating, "I think you need to line up
behind them."
Smith pointed out that he wasn't aware
of any other sloped granite in town. He also thought that the applicant
should do away with the two-foot green space because "no one will
maintain it."
Smith also said if the only reason to put in the green space is to
save the bituminous, then he couldn't see putting it in. He would rather
have straight granite, not sloped.
Burke wondered what the people on
Roe Fields Road want.
Breed said "if the town takes
over the maintenance of the road, I
want the sidewalks that will last the longest and require the least outlay
of cash to maintain it."
When asked about the cost difference
between the slope granite and the straight granite, Harmon said that the
straight granite is better stone and costs about twice as much as the
sloped.
Residents of Roe Fields Road that
were in the audience were allowed to speak. Resident Mike Beland said
he agreed with Smith and thought the granite should have the tar next
to it with no green space. He also said he would like to see it happen
quickly.
Terry Poulin, also from Roe Fields
Road agreed with Mike and Dennis -- "the green space would be a big
maintenance issue."
The board voted down Kendrick's motion
to grant the amendment as presented by the applicant.
The board agreed to accept the amendment
without the green space, as moved by member Andrew Patterson.
Granite Woods
Subdivision Site Walk and Workshop
Before adjourning, the board set a
date for site walk at Granite
Woods Subdivision, a proposed 300-acre, 71-lot subdivision between Earl's
Road and Belle Marsh Road.
Board member Andrew Patterson of ATP,
Inc., is the developer so he recused himself from the discussion.
Harmon, who is representing Patterson
said he would like to have a site walk.
Smith reminded the board they were
going to wait until they had a consultant on board to help review the
application before doing the site walk.
Planning Coordinator Kathy Delp said
they found a consultant, but she did not announce the name of the person.
Burke said he didn't know a consultant
had been chosen, and said he thought the board was going to make the final
decision from a pool of at least three choices. Delp reminded him they
had agreed at the last meeting that Delp, Patterson and Burke were to
choose the consultant. Burke maintained that the consultant had not been
chosen yet.
Burke also said he does not want to
mislead the applicant into
thinking they will accept the preliminary plan after the site walk and
one more meeting.
The board scheduled the site walk
for 8 am Tuesday, Oct. 28.
Members agreed to have a consultant
at the site walk.
The board also asked Harmon to have
someone at the site walk from Inland Fisheries and Wildlife.
A workshop was set for 6 pm Thursday,
Nov. 6, before the 7 pm regular meeting. The board planned to meet that
Thursday, because the regularly scheduled meeting would have been Election
Day, Tuesday, Nov. 4.
Delp said she will not be able to
make the Dec. 9 meeting, and left if up to members whether or not they
still want to have a meeting that day.
ˆBack
to top
posted November 17, 2003
November 6, 2003
Planning Board Meeting
by Rachel Schumacher
Granite Woods Subdivision Workshop
The South Berwick Planning Board
spent most of its time at a two-hour meeting Nov. 6 discussing an updated
plan submitted for a proposed 71-lot subdivision between Belle Marsh Road
and Earl's Road.
At a one-hour workshop held before
the regular meeting, the board agreed it wants to see a plan for a conventional
subdivision as well as the "cluster plan" presented for the
Granite Woods subdivision, which sits on 300 acres of wetland and woodland
that is also home to at least four species of endangered wildlife.
The subdivision is being proposed by developer
Andrew Patterson, also a member of the planning board. The plan,
first presented to the board September 16 (click
here to read that report), was updated to show the layout of the subdivision.
The plan presented this month calls for
2.5 miles of roads, one of which is a cul-de-sac that measures five times
longer than cul-de-sacs allowed by the town's subdivision ordinance. The
plan also indicates soils, slopes, wetlands and buffers for turtle habitat.
Turtles, especially the Spotted and Blandings, both endangered, have been
documented to nest on the property.
In a cluster plan, lots are typically smaller
than the minimum size allowed by law and homes are clustered together
to allow for more green or open space on the remaining acres. In the area
of this subdivision, the minimum lot size is two acres. Patterson's plan
calls for lots ranging from just under one acre to six acres, with building
lots purposely placed outside a "turtle habitat" buffer area,
which is along 2.5 miles of roadway.
The proposed development falls on the York
town line and in the Mt. Agamenticus region, an area of South Berwick
that continues to be a focus of major conservation initiatives. Patterson,
who has recused himself from proceedings on this issue, was not at the
workshop or the regular meeting that followed. Bill Ferdinand, a lawyer
representing Patterson and Civil Consultants accompanied Harmon. Many
residents were also in the audience.
The board started the workshop by asking
whether the state Department of Inland Fisheries and Wildlife had seen
the plan.
According to Tom Harmon of Civil Consultants,
who respresented Patterson, "IF&W has seen everything except
the final copy that widened out the [turtle] buffers."
Harmon said IF&W did not work on the
plan with the buffers. Planning Board member Dennis Smith then asked if
Harmon had anything in writing to show that is what IF & W wants.
To this, Harmon answered "no."
Board members were concerned they don't
know how IF&W feels about the plan and they appeared frustrated with
the present plan with the defined buffer areas and the clustered lots.
A wildlife inventory has been taken on the property by a private consultant
and the habitats have been mapped based on the data collected, but the
board has not seen any of that data or heard the results directly from
the data collectors.
Planning Board Chairman David Burke said
he is 'looking to see what their response is to a conventional plan."
He pointed out that the current plan calls for a "whopper of a waiver"
(referring to the 3,000+ foot cul-de-sac). He said he would like to know
if a conventional plan would avoid that.
Smith added that the intent of the ordinance
is to find out how many lots will go into the subdivision.
Harmon disagreed. He said the board needs
to look at a conventional plan and a cluster plan and make a decision.
He continued by saying that the "buffering we've done is for clustering,
we'd have to go back and change it."
Burke responded, "That's why I want to hear
from Fish and Wildlife."
At this point, lawyer Bill Ferdinand said
"Fish and Wildlife asked us to go this way; they preferred the open
space."
Planning consultant Tom Emery of Land Use Consultants,
who was at the meeting to be considered as a consultant to help the board
review the application, suggested the board can't really proceed without
knowing what impact the habitat and the buffer issues have on the conventional
plan.
Emery suggested Woodlot Alternatives, the environmental
consultant hired by the applicant to inventory the wildlife, make a presentation
on natural constraints in the turtle habitat. He said Woodlot Alternatives
has a staff of field biologists and he is comfortable with their expertise.
Board members expressed interest in having Woodlot
representatives come to another workshop to talk about wildlife habitats.
In response to criticism from the board regarding
the advanced stage of the sketch plan design and the mapping that accompanied
the plan, Harmon said there is a lot more detail on the cluster plan.
He told the board that cluster zoning had been their choice - "you
chose to go down that path".
Conservation Commission Co-Chairwoman Jean Demetrocopoulas
asked if a trail will be allowed through the subdivision. Harmon said
consultants have differing opinions about that, adding that it would have
to be worked out with the lots.
Smith suggested the board should have been more
involved. "I feel that we got pushed," he said.
"It would have been a lot more helpful if
we were involved [with the subdivision design] from the very start,"
agreed Planning Coordinator Kathy Delp.
Board members and Emery agreed they need to see
a conventional plan in addition to the cluster plan design. When Harmon
said that would require a lot more computer mapping work, Emery suggested
Harmon do it the old-fashioned way with a scale, and put in a rough, underlying
base with habitat information and overlay it on to the new conventional
plan.
Harmon agreed to get back together with Woodlot
Alternatives and take a look at the development in a conventional plan.
He said they'd have to figure out how to provide buffering and mix the
development with the habitat. He said he'd have the plan for the next
workshop.
Demetrocopoulas volunteered to call IF&W
to try to get a representative to the next workshop.
Another
Workshop Scheduled
The board scheduled another workshop for
the Granite Woods subdivision at 6 PM Tuesday, Dec. 2. Members decided
to allow two hours for the workshop and start the regular meeting at 8
PM.
The Granite Woods workshop adjourned at 7:05 and the regular meeting
started promptly.
Public
Input Questioned
During the public audience part of the meeting,
Belle Marsh Road resident and former South Berwick planner, Paul Schumacher
asked the board when and if the public would get to comment on the Granite
Woods subdivision. Burke said he would allow only one person to speak
that night because the applicant's representatives had to leave soon.
Schumacher (also this reporter's husband) said,
"In view of the size of the project - the largest since Agamenticus
Estates, I would ask the planning board for neighborhood input prior to
a formal public hearing stage."
He added that by the time the neighbors get to
speak, so much time and money already will have been invested into the
project it is doubtful their comments would have any affect on the plan.
He reminded the board that once the sketch plan is accepted, the clock
starts ticking on the "preliminary plan" and it's only a matter
of time until that is accepted as well.
Smith suggested the public should be allowed
to speak in a public hearing after the sketch plan is accepted.
Board members Allan Breed and Phil Kendrick disagreed,
saying they should speak sooner.
"At a minimum there will be a lot of homes,"
Breed noted, and said he wants to "hear from the people." He
also noted, "It's also our duty to take in as much information before
we make our decision." Breed said he has received several letters
and phone calls and believes the board should be able to use this information.
Kendrick suggested the audience give input during
the public audience part of a regular meeting. "The reason we're
having a workshop is to look at the questions," he said. "Early
on is the perfect time to get information from the area."
Smith suggested asking Patterson to wait to submit
the preliminary plan until after a public hearing. "We have an obligation
to the applicant," he argued.
Burke said he wasn't comfortable with moving
on to accepting the sketch plan.
Smith suggested they allow the public to speak
at the workshop.
Burke said he would ask the town attorney when
the public is allowed to speak to the board about a project. He said,
if the attorney says "no," the public cannot comment during
a board meeting and before the public hearing, then he would consider
letting them speak at the next workshop.
Objection
to Audio Taping
Also at the regular meeting, the board
discussed the decision by the South Berwick Town Council to begin audio
taping the council meetings, as well as planning board meetings.
"I strongly think it's a very bad idea,"
Smith said, noting he much prefers the "written word." A few
years ago when he was on the planning board, the meetings were taped and
they were a garbled mess. He said he would "strongly urge the council
to reconsider."
ˆBack
to top
posted December
3, 2003
Planning Board Meeting
November 18, 2003
by Rachel Schumacher
Mick Subdivision
Members
of the South Berwick Planning Board agreed recently that open space in
the proposed Sam Mick Subdivision off Knights Pond Road (Tax Map 13, Lot
34 (MSP 03-07) should not be deeded to the abutting farm, as requested
by the developer.
Mick is interested in deeding a field
in the proposed subdivision to a North Berwick farm adjacent to the property,
according to Tom Harmon of Civil Consultants, representative for the applicant,
Sam Mick, who was not at the meeting.
"The intent is that this stays a working
farm," Harmon said, suggesting this could be done by taking the development
rights off and deeding the land to the farm.
But Planning Coordinator Kathy Delp
told Harmon the land cannot be deeded to the farm, according to the town's
zoning ordinance. The ordinance requires that "All land for conservation
and recreational purposes shall be: 1) owned by a homeowners association;
2) owned by a land trust; or 3) deeded to the Town of South Berwick."
Because the land in this proposed subdivision
is divided between South Berwick, North Berwick and Berwick, board members
have agreed to include officials from other towns in meetings on this
proposal. Three members of the North Berwick Planning Board and two members
of the Berwick Planning Board attended the Nov. 18 meeting.
"Let's not do that tonight, okay?"
Harmon responded, (evidently referring to what Delp stated in the Zoning
Ordinance) to what appeared to be a somewhat bristled Delp.
Planning Board Chairman David Burke
wondered, what would happen if the farm stops operating and the open space
is backed up to houses. "Will the open space then be deeded back
to the subdivision or the land trust," Burke asked.
Harmon said he'd prefer that the
land not to go to a neighborhood trust.
Jean Demetracopolous, chair of South
Berwick Conservation Commission, said she has a problem with reassigning
capital to an individual. She pointed out that the field has agricultural
value and a simple scenario will be complicated if the land is deeded
back to the Micks.
Demetracopolous suggested the board
consider what interest they have in the field. She described it as having
meadow characteristics and noted it could be open to a variety of public
access possibilities. She also said that if it were to be part of the
farm there would be restrictions to public access and it would possibly
be posted by a private landowner.
When asked if the Conservation Commission
would maintain it,
Demetracopolous said "I don't have the budget, we only have $435."
Planning board members Dennis Smith
and Phil Kendrick were both against deeding the land to the farm. "It's
established there's an alternative path that doesn't include deeding it
to the farm," Kendrick said.
Bob Eger, from the Great Works
Regional Land Trust, said "We can take it on with funding, the Land
Trust has the ability to own it."
Harmon restated that his client would
like to keep the farm, but noted this might not be possible given zoning,
the subdivision and issues put forth by the land trust.
Smith wondered what the advantage
was to making the road longer than allowed by local ordinance and suggested
the developer go with a conventional subdivision and the length of required
roadway, rather than the proposed roadway length, which would require
a waiver.
Smith also asked about the homeowners
association and how covenants will be enforced. He noted that the planning
board needs to look at covenants and the homeowners association has to
agree to enforce these covenants through the fees, or the contractor has
to enforce the covenants.
The board and Harmon also acknowledged
they were not clear on where the board is in the review process. Harmon
said he didn't think the board had accepted the sketch plan submitted
April 15 (click here to read
that report).
Harmon, who displayed a colorful
and slightly different rendition of the sketch plan, told the board developers
were focusing only on a cluster plan of 18 lots on the South Berwick side
of the property. He described how the development was designed around
hardwoods by putting sidewalks away from the road and behind the trees
in some areas. A series of stone dust walking paths connect to a back
piece on the property. The paths would be maintained by a homeowners association
and the sidewalks around the roads would be maintained by the town, Harmon
said.
The plan showed an access road going
through the Mick's pit, located on the property and exiting out into Berwick.
The plan calls for the road to be used only during construction, but Burke
asked that it be kept open and used for emergency access.
Smith said he'd like to see the sidewalk
go all the way to Knight's Pond Road. He also opposed sloped granite curbing,
saying he would prefer vertical curbs. He wondered why eliminate the sidewalks
from both sides of the street?
North Berwick Planning Board Chairman
Todd Hoffman told members of the South Berwick board that deeding the
sidewalks to the town is a problem in that town too. He said the common
solution is that it'll go to the homeowners association.
Smith said, "The town has an
obligation to plow the sidewalks or they shouldn't put the sidewalks in."
Hoffman and Smith discussed vertical
and sloped curbing.
"It's downtown versus rural.
A lot of people think rural should be rural looking," Smith said.
"Vertical is easier to maintain, however it's more costly to the
developer." He's heard that sloped is better for plows, but he doesn't
agree with that opinion.
The board was split in their opinions
of sloped versus vertical curbing with Kendrick and Burke stating that
sloped was acceptable and Allan Breed agreeing with Smith's point of view.
Asked about traffic considerations,
Harmon said the developer could provide projections.
In a discussion of storm water management,
Harmon said the state Department of Environmental Protection is satisfied
with what the applicant has submitted.
"If DEP would send us a letter
stating that, I'd be happy," Smith said. Smith asked if a walking
path shown in the plan that loops around an open field would have a curb.
Harmon replied that it was more of a walking path and is not meant to
be curbed. Smith said he'd like the path to be curbed across the field
because it would control the storm water and protect the sidewalk.
Burke asked if the applicant could
get a response from the School Board about the proposed subdivision. The
board discussed whether that would be necessary. The majority agreed that
it was a good suggestion.
It was unclear to the board, the
applicant and this reporter whether the plan presented at the meeting
was a sketch plan or a preliminary plan. A preliminary plan is a later
step in the planning process. Harmon called the current design a "preliminary
sketch plan". The board pointed out that they should be voting on
the original sketch plan that was submitted to them, as opposed to the
plan that Harmon had on display, which was the colorful, more embellished
sketch plan design.
The board voted not to accept the
sketch plan because of the issues raised during this review, but unanimously
accepted one small part of the sketch plan, sheet C-1.
Granite
Woods Subdivision
Also at the Nov. 18 meeting,
members of the planning board agreed to a request from the York town planner
for information on the proposed Granite Woods subdivision off Belle Marsh
Road, which is located in South Berwick on the York line in an area that
has been the focus of aggressive conservation efforts.
Also regarding Granite Woods, board
members were puzzled by a letter from Tom Emery of Land Use Consultants
saying he has fulfilled his contract with the board. Emery was hired by
the board and developer Andrew Patterson to help review the project. Board
members all thought Emery was going to help them through the entire review
process, they said. As it stands now, Emery was only present at the project's
initial site walk and at a Nov. 6 workshop on the project. Discussion
of this issue was cut off when Harmon, in the audience, pointed out that
the board should not discuss the issue because Patterson was not present.
Roe Fields Subdivision
Finally, the board agreed not to
take action on a violation of a
required buffer in Roe Fields subdivision on York Woods Road.
As part of the review process, the developer
and board agreed to a 10-foot buffer along the road's edge and between
property boundaries. This was meant to add to the appeal of the subdivision
being in a wooded area.
The owner of one of the properties
clear cut all the trees of his lot and a few on his neighbor's lot, Delp
said. She said this happened at least in part because a homeowners association
is not yet in place and the developer has left town, so there was no one
left to enforce the rules.
During a discussion on how to deal
with the situation, members agreed this was a civil matter and not something
the board should act on.
Burke pointed out, however, that
the timing of this was interesting especially with the talk of covenants
and homeowners associations in the other two projects the board is currently
reviewing.
"Andrew [Patterson] is going to come
to the board with covenants", Burke noted.
Public
Audience
During the meeting, Resident Clifford Cleary, a town resident, expressed
concern over subdivisions in the rural areas of town. Cleary said new
subdivisions negatively impact the town and the school system. Cleary
asked that the board look at the new updated Comprehensive Plan and whether
or not the issue of impact fees had been addressed, and then present their
opinion to the town council. He also pointed out that he did not think
sidewalks should be required in subdivisions in the rural parts of town
because they take away from the rural character.
The meeting began at 7 pm. A quorum
consisting of three Planning Board members were in attendance at the beginning
of the meeting. They were Chairman David Burke, regular member Phil Kendrick
and alternate board member Dennis Smith. Regular board member Allan Breed
arrived shortly after the meeting began. Not in attendance were regular
board members Jack Shipley, Andrew Patterson and alternate member Peter
Cannell.
ˆBack
to top
posted December 7, 2003
December 2, 2003 South Berwick Planning Board Workshop
Granite Woods II Subdivision Workshop with
Woodlot Alternatives and Inland Fisheries and Wildlife
by Rachel Schumacher
Granite
Woods II Subdivision Workshop
The developer of a 71-lot subdivision off
Belle Marsh Road and Earl's Road submitted a new plan to the South Berwick
Planning Board. The new plan uses a conventional design plan, with house
lots spread evenly throughout the 256 acres. The previous plan submitted
clustered houses in some areas, and left larger tracts of open space in
other areas.
On the advice of consultant Tom Emery from
Portland's Land Use Consultants and prior to this second workshop, the
board had asked the applicant to resubmit a conventional subdivision plan.
The board made this request because
typically during sketch plan process, an applicant initially presents
a conventional plan as well as a cluster plan to the board. Density calculations
are made to figure out the maximum number of house lots allowable in the
subdivision. Areas with poor soils, wetlands, steep slopes, etc. are subtracted
from the total developable acreage. Once the number of house lots is determined,
a conventional plan and a cluster plan are designed. In no case should
the number of house lots in a cluster plan exceed the number of house
lots in a conventional plan.
When Patterson came to the planning board
with the Granite Woods proposal, he submitted only a cluster design. This
plan showed 71 house lots on 256 acres. At least four types of endangered
species including the spotted and Blandings turtles have been documented
on the property. Wildlife habitat buffers were mapped onto the cluster
plan and 71 house lots were drawn in
and around those habitats.
Because Patterson did not supply
a conventional plan, there was no base calculation for placing house lots
in a conventional plan. Therefore, the board had no idea whether or not
the 71 house lots were allowable in the cluster plan.
The planning board asked the applicant
to go back to the drawing board and submit the conventional plan at last
week's workshop. During the first workshop Nov. 6 (click
here to read report), consultant Emery suggested a conventional plan
be drawn up by taking the habitat buffers on the cluster plan and applying
them to the conventional plan. The house lots could then be with those
habitats, he said.
The applicant submitted a conventional
plan with 79 house lots to the board. Tom Harmon of Civil Consultants
explained that it was not a highly engineered plan.
In fact, the conventional plan showed
no wildlife habitat buffers at all. The plan distributed to the planning
board was also small and hard to read.
Harmon opened the workshop by introducing
Woodlot Alternatives representative Mark Christopher. Harmon said Christopher
has been working on the project since August 2002.
Harmon recounted the project's history,
saying it first came to them two years ago as a conventional plan. The
town line shifted and the plans now show the town lines where they are,
he said.
Harmon said the cluster plan before
the board grew out of conversations between developers and Inland Fisheries
and Wildlife.
Regarding the lack of habitat buffers
on the conventional plan, board Chairman David Burke asked, "Can
we take the setbacks [in the cluster plan] for habitat and overlay it?
Or is it designed specifically for a cluster plan?"
Christopher of Woodlot Alternatives said
the setbacks are specific for the cluster plan. He said the developer
went with the cluster plan because it gave them the freedom to layout
the subdivision for conservation. He said the cluster plan was designed
to layout the buffers first, then plan the development.
Board member Jack Shipley said he was expecting
to see the buffers applied to the conventional plan as well as the cluster.
Again Christopher explained that they "needed
the freedom that a conventional plan wouldn't give us to lay out the development
around it. Laying out the same buffers with a conventional plan would
restrict the buffers where we want to put them for turtles."
After discerning the total acreage in the
conventional plan at 256 acres, board member Dennis Smith pointed out
there was no open space shown. He said the board could require 10 percent
of the property be defined as open space.
Smith asked how many acres were buffered
in the cluster plan. After referring to the plan, it was determined that
52 percent of the total acreage in the cluster was buffered wildlife habitat.
Christopher said developers conferred with
Inland Fisheries to create buffer areas in the cluster plan where spotted
and Blandings turtles are known to be located.
South Berwick Conservation Commission
Chairwoman Jean Demetracopolous said she'd like to know the number of
acres that are wet and poorly drained.
"When looking at the conventional
plan some wetlands are within Shore Land Zoning," she said,
and explained that if the total area is more than two acres it is given
Shore Land Zoning, which would protect the wetands and water resources.
Attorney Ferdinand said, "I don't
see what you're talking about," and read an excerpt from the town
Zoning Ordinance that says "forested wetlands" are exempt. (However,
after the workshop Ferdinand realized he was mistaken in his interpretation
and told Demetracopoulos she was correct.)
Smith commended the applicant for the clustered
approach, but noted "you put the cart in front of the horse,"
referring to the initial absence of a conventional plan.
Asked to comment on the conventional plan
submitted that evening, Phil deMardier of IF&W noted that the conventional
plan has only conventional water quality donut buffers near the wetlands.
"For endangered wildlife, not just
from an endangered turtle perspective, I see a lot more merit to the cluster
approach," he said.
Smith asked Harmon if all the 79 lots in
the conventional subdivision plan are buildable. To this, Harmon said,
"Yes, to the best of my knowledge."
Smith then wondered if the state Department
of Environmental Protection and IF&W would OK the plan.
deMardier mentioned that his organization
has recently approved another similar project. However, he said it's all
new and there is not a lot of precedent to go back to it for guidance.
Board member Jack Shipley asked if IF&W
would approve the cluster plan. To this, deMardier said "No, it is
a work in progress."
"This plan, in all but cluster C,
works," he said. If the plan moves ahead as is, he said, there would
be "take" (the direct killing of turtles due to road mortality,
etc.) and there would be "harassment" (the disruption of the
natural turtle migration).
"Even with significant wetland buffers,"
he said, "you still have the
volume of the lots - not just septic or road, its kids, pets, disturbances
like lawnmowers, ATVs and human activity."
In response to deMardier's critique of
the cluster plan, Ferdinand said IF&W has no legal authority over
the project and IF&W has not mapped it out, they are only a commenting
agency to the DEP.
deMardier said the Maine Endangered Species
Act gives IF&W the right to make the call as to whether or not the
plan is acceptable. He added that DEP site law has a provision regarding
endangered species "that are further reaching than our own act."
Regular
Meeting: Discussion of Consultant
At this point, Burke recessed the
workshop to start the regular planning board meeting, which had only one,
related item on the agenda - the letter from Tom Emery of Land Use Consultants.
Emery recently sent a letter informing
the board that he has fulfilled his contract with the board. Emery was
hired by the board and developer Andrew Patterson to help review the proposed
Granite Woods subdivision. Emery was only present on two occasions during
the review of this project - during the Oct. 28 site walk and during the
first workshop for Granite Woods Nov. 18.
Burke said he was content with what
the consultant has done and he would possibly support their involvement
"as needed."
Board member Phil Kendrick said he
wasn't sure how that would work unless Emery "was on board for each
step" of the review process.
Planning Board member Allan Breed
agreed with Kendrick saying he was "under the impression [Emery]
was on board for each step."
Smith suggested the consultant come
in for the preliminary plan review previous to approval.
Responding to the discussion, Ferdinand
asked, "What do you want [Land Use Consultants] to review it for?"
Smith said he'd like them to check
the engineering of the plan. He pointed out that the board has done that
with other plans.
An exasperated Ferdinand responded
by saying, "We don't want to spend our client's money." He noted
that South Berwick already has a capable and knowledgeable planner (referring
to Planning Board Coordinator Kathy Delp). Again he asked why they even
need a consultant.
To this, Planning Board member Peter
Cannell said there needs to be an impartial review of this project and
Land Use Consultants are the people to do it.
Delp reminded Ferdinand this is the
largest plan the planning board has reviewed since Agamenticus Estates
over 10 years ago.
Breed continued, "Land Use Consultants
has dealt with projects of this scope a lot. To not have somebody look
this over, with regard to the impact to the town and the long range plan,
would be a mistake."
The board unanimously agreed to have
Land Use Consultants review the preliminary plan prior to acceptance.
They also noted they would leave the option open for the consultant to
review the final plan as well.
The regular meeting ended and the workshop resumed.
Workshop
Continued
deMardier referred to the cluster
plan design and pointed out the red hatching, which signified habitat
buffer, on the plan in an area described as "cluster C". He
expressed concern with the habitat buffers that were shown in the house
lots. Referring to the possibility of homeowners disrupting or destroying
the habitat, he said it is a "very different and challenging enterprise
to try to enforce."
The board also seems to consider
Cluster C the most controversial part of the plan because of 3,500 feet
of dead end roadway leading to a cul de sac. The zoning ordinance
states that a maximum of 600 feet is allowed in a subdivision.
Repeatedly, Harmon has said the 600-foot
requirement is unreasonable. However, the board has responded by pointing
out that that length is what the ordinance states.
Ferdinand suggested that the ordinance
is written so waivers can be given. Apparently, Ferdinand was referring
to the habitat buffers as a bargaining tool for the road length.
While discussing the length of the
roadway, Harmon said Wild Rose and Stacy Lanes, both off Earls Road, have
7,500 feet of dead end roadway. He also referred to a recent tragedy that
occurred on Earl's Road, which was exacerbated by the lack of another
road outlet there. By approving the Granite Woods project, which has roadway
that would connect Belle Marsh and Earl's Roads, the board would "do
away with that and end that dead end", he said.
When asked how turtles are affected
by curbs, deMardier said they are affected negatively. When asked about
putting in turtle crossings, deMardier said turtle crossings are modified
culverts which are very experimental and not a proven technology.
Cannell addressed the issue of chemical
problems by the use of pesticides, herbicides, and septic run off. There
would be a potential impact especially in areas where drainage is poor,
he said.
Harmon said the plan will be going
to DEP and the Kittery Water District (whose water supply, the Belle Marsh
Reservoir, is just a short distance away) because of the storm water runoff.
The developer will supply a complete storm water management plan, he said.
Cannell wondered if that would apply
even for the herbicides and pesticides.
Harmon said, "Typically, yes."
Cannell, still concerned with possible
contaminants from homeowners using ChemLawn, and/or other pesticides and
herbicides, wondered if they would get into the water supply.
Responding to this, developer Andrew
Patterson, who was silent through most of the review, blurted out, "That's
why you have buffers."
Burke, apparently unhappy with the
cluster plan design, said he was leaning toward a conventional plan.
Both the applicant and other planning
board members seemed alarmed by this.
Smith said he thought the cluster
plan is a good idea, but he wondered if they could make the lots smaller.
He then asked deMardier what the impact would be of putting a road through
buffer C, which is the largest habitat buffer and located next to cluster
C.
deMardier said it would not be good
because of the obvious disruption of large turtle habitat. He noted there
would most definitely be take and harassment if that were to occur.
Smith then asked how many lots in
cluster C are problems to IF&W. "Half to one third of the lots,"
deMardier said.
Delp asked if the cul de sac could
be shortened and the lots be moved to another area, maybe making them
one acre.
Smith, referring to the conventional
plan the applicant submitted, asked the board, "Do we want to accept
79 lots?"
When he asked Harmon again if the
79 lots were all buildable, Harmon's response was in the affirmative,
but appeared to be open to question.
Smith suggested only using the
conventional plan as a yard stick to see how far you can go on a cluster.
Delp said there was no open space
on the conventional plan.
Harmon said that can be recalculated
by taking land from the lots shown on the conventional plan.
A frustrated Cannell, referring to
the questionable conventional plan, exclaimed, that the board has been
going around and around on this "like a dog chasing its tail."
After discussion, the board asked Harmon
if he could eliminate eight lots (or roughly a third of the total house
lots in cluster C) beyond the existing buffer. By doing this it would
also shorten the roadway by about 1,000 feet.
Harmon said he'd try but wasn't sure if
he'd be able to relocate all eight lots somewhere else,
"Sixty-three lots is our bottom line.
71 lots is our top," he said.
The applicant agreed to present another
modified sketch plan with the changes that the board asked for at the
next board meeting Tuesday, Dec. 16.
Delp and Demetracopoulos expressed
concern about recreational trails within the subdivision being "lost
in the shuffle."
Responding to a question about open
space from Smith, deMardier said his department shies away from small
parcels, like the buffers in the cluster plan, unless they were abutting
existing wildlife area. However, he did say the town of Shapleigh has
a similar development where the town holds the open space property in
fee and the local land trust is responsible.
Smith stated he would like to see the active
trail system included in the plan. He also brought up the issues regarding
controversial right-of-ways within the development. A few deeded right-of-ways
are currently running through house lots on the cluster plan
The board agreed to hold a public hearing
after sketch plan is approved and before the preliminary plan review.
Harmon told the board they would get preliminary
plan approval before they ship the packet to DEP.
The board asked Harmon to get a packet
to IF&W as well, which Harmon agreed to do.
About 15 members of the press and public
were in the audience. Once again, there was no public comment allowed
regarding the Granite Woods project.
Back
to top
posted December
29, 2003
December 16, 2003
South Berwick Planning Board Meeting
By Rachel Schumacher
Sketch Plan Presentation for
Granite Woods II Subdivision, Belle Marsh Road
The South Berwick
Planning Board recently approved with certain conditions the new version
of a proposed sketch plan for a 71-unit subdivision off of Belle Marsh
Road. The developer must still move eight house lots, and bring two cul-de-sacs
within the limits of zoning law.
At a Dec. 2 meeting, the planning
board had asked developer Andrew Patterson to come back with a new sketch
plan for the Granite Woods Subdivision with a shorter cul-de-sac. The
original proposed cul-de-sac was five times longer than allowed by local
zoning ordinance. (Click
here to read the report from the Dec. 2 meeting.)
In addition, the board asked the
developer to reduce the number of house lots in turtle habitat. Blandings
and spotted turtles, both endangered species, have been documented living
throughout the property. The applicant has developed a cluster plan approach
with 71 house lots along and open space set aside as turtle habitat. The
board was concerned with house lots that extended into the habitat and
asked the applicant to remove eight lots from the cul-de-sac. This would
help shorten the cul-de-sac by about 1,000 feet, still exceeding what
the ordinance allows.
Reviewing previous meetings around
the proposal, Tom Harmon of Civil Consultants, representing Patterson,
said a conventional design with house lots evenly spread throughout the
property would allow 99 lots. From that, developers determined 71 house
lots could be in the cluster plan.
Board member Phil Kendrick noted
the conventional plan did not show any habitat for turtles and argued
that this was necessary for determining the number of lots in a conventional
or cluster plan.
Board member Dennis Smith argued
the applicant is not required to show the habitat in the sketch plan design.
In addition, "We haven't even brought up the habitat yet", he
said.
Frustrated, Kendrick responded "Well
I just did."
Board member Jack Shipley said he
"kind of expected an [habitat] overlay on the conventional plan".
Harmon said the board at the last
meeting directed developers only to do a cluster plan with the road cut
back. He explained the habitat as not being a black and white line - but
a gray line. As they go to the preliminary plan, he said, they will work
with the state Department of Inland Fisheries and Wildlife to figure out
where to put the eight house lots that will be moved.
Kendrick continued, "The equation
[in the conventional plan] doesn't always give the number of lots that
you would have in a subdivision.
Harmon responded by saying that the
available lots are determined by the density calculation.
But Kendrick countered that such
a calculation is "saying that habitat has no relevance on the conventional
plan."
Smith suggested Kendrick vote for
the project as a conventional plan, send it to IF & W and "they'll
throw out half of it." He insisted the conventional plan meets the
requirements of the South Berwick ordinance.
Board member Allan Breed was concerned
about the availability of open space and who would have access to it.
He also reminded the board that IF & W said "It's hard to enforce"
the rules regarding open space within a subdivision.
To this attorney Bill Ferdinand,
also representing Patterson, said it's the responsibility of the holder
to enforce the easement, and the best enforcers are residents.
Burke asked Harmon to start discussing
off site improvements with Planning Coordinator Kathy Delp.
Smith said, "The board has to
agree that the density calculation is valid", and an engineer has
deemed that it is. He also pointed out that 70 lots are well below the
density calculation of 99 lots. However, looking at the cluster, he said
he'd be more inclined to eliminate any lot that's located in the habitat
area. He wouldn't want to approve the sketch plan if the lots are in there,
until he hears back from IF & W. Smith identified eight additional
lots as having turtle habitat located within them. He suggested that Harmon
could make those lots smaller.
An annoyed Harmon responded to this,
"These lots are the way they've been. Now you want boundaries of
those lots out of the habitat? This is all brand new."
Breed expressed concern over whether
the density calculation made for the conventional plan is an accurate
one. He pointed out lack of wildlife habitat on the conventional plan.
Smith made a motion to approve the
sketch plan on the condition that no lot boundary falls in habitat as
defined by IF & W. Shipley seconded the motion.
Kendrick said that in addition to
the one very long cul-de-sac, two more cul-de-sacs exceed the allowed
600-foot limit. The rest of the board was unaware of this. Harmon said
they were 750 feet and 1,000 feet.
Smith said Harmon had not asked for
those waivers on the application. He also wondered where the proposed
vegetation plan was.
Harmon repeated that a 600 foot cul-de-sac
not reasonable. Harmon said they'd have to blast through some ledge to
bring the length down.
Asked by Breed why a waiver is given,
Burke said that the most
compelling argument to him was that Wild Rose Lane is a dead end street.
By putting in the proposed roadways, the dead end road would be eliminated
because Belle Marsh Road would be connected to Stacy Lane, which is off
of Wild Rose Lane, which is off of Earl's Road.
Breed said, "I have a problem
with a 2,000 foot cul-de-sac; we should not continuously ignore the 600
feet."
Smith said the subdivision has a
lot of preservation of land and he didn't have a problem with the sketch
plan.
Breed said, "I agree with what
you are saying about open space." However, he was concerned with
a hypothetical example of another subdivision design coming to the board
with a roadway that also exceeds the 600-foot ordinance. He wondered how
the board would justify allowing a waiver on Patterson's cul-de-sac, but
not on another.
At this point, Smith amended his
motion to accept the sketch plan, on the condition that they add "no
other cul-de-sac to exceed 600 feet except in area C.
Harmon agreed to work on bringing
the other two cul-de-sacs down to 600 feet.
Shipley seconded Smith's motion.
The sketch plan was approved 3 to
2, with Breed and Kendrick
against it.
A few people in the audience of about
15 people were visibly unhappy with the aaproval. Public comment regarding
the subdivision was not allowed.
Smith moved to hold a public hearing
on the subdivision and the board and the applicant scheduled it for 7
PM, January 13th.
Smith made clear to the applicant,
with regard to the sketch plan, that the board has not agreed to everything
in the application.
Breed brought up the issue with the
consultant Tom Emery from Land Use Consultants. He wanted the board to
discuss the use of the consultant. However, Smith stated they can't discuss
it without the applicant present.
Discussion ensued about what could
be discussed and the right of the board to seek a third party review.
Kendrick made a motion to put the
consultant discussion onto the next meeting's agenda of January 6th. They
will discuss whether the third party consultant, reviewing the Granite
Woods subdivision project, will be available at the public hearing.
Back
to top
|
|