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posted January
16, 2004
January 6, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
New
Market Approved for Downtown
The planning board
recently approved a proposal for a grocery
store/market at 200 Main St., the former home of P. Gagnon office.
Liz and Bruce Wilson of Academy Street told the planning board at a meeting
Jan. 6 that they hope to open a market that would sell groceries and wine.
They are in the process of obtaining a closed bottle license.
Burke asked the Wilsons if they have
consulted with the Historic
District Commission. The Wilsons said they have not, that the planning
board is their first stop. They asked what needed to be done with the
HDC.
Breed, who is also the Chairman of the
HDC, said they need to get a certificate of appropriateness and present
it to the HDC. Wilson said they will set
the door to the market back six feet to meet the Disabilities Act, however,
he said they are not required to.
The board agreed parking is adequate for
the market.
Board member Jack Shipley pointed out that
it gets very busy during certain times of the day when Central School
lets out and the effect of delivery trucks on traffic could be a problem.
The Wilsons said they will make an effort
to not have deliveries made during those hours of day.
The board decided a public hearing would
not be necessary.
Kendrick said, "They are not expanding
the building and parking is adequate."
Breed suggested the actual trips into the
market would most likely be similar to what it was like when Gagnon Oil
was there.
Hot
Dog Heaven Expansion
Also at the meeting, the owner of a fast
food hot dog restaurant on Main Street has asked the South Berwick Planning
Board for permission to expand so it can have dining room service. The
board scheduled a public hearing on the issue for Tuesday, Jan. 20.
Gary Boucher of Hot Dog Heaven asked for
an expansion of his previously approved application (MSP 03-14). After
two and a half years in business at 440 Main St., Boucher said he had
the chance to expand the business into the adjacent storefront recently
vacated by Hair Force. He would like to turn it into a dining room serving
about 20 to 25 people, he said.
Board members Allan Breed and Phil Kendrick
voiced concerns with parking. Kendrick pointed out that the expansion
will change the complexion of the business from a take-out food establishment
to a restaurant. He noted Fogerty's across the street, has cars parked
up the street from their parking lot when they are busy. He wondered if
the parking would be adequate for the expansion.
Delp said Boucher will have enough spaces
to meet zoning requirements. Hair Force had three cutting chairs and was
required to have four spaces per chair, a total of twelve spaces. Boucher,
she said, will be only required to have six spaces, according to the ordinance.
Since the business shares the spaces with the rest of the building, which
are apartments, he does not meet the requirement.
Board member David Burke asked if there
would be a handicapped accessible bathroom in the new expansion. Boucher
said he was not planning on it but would do whatever the board required.
Burke said that he would not have a problem
with the parking issue if Boucher makes the bathroom handicapped accessible.
Planning
Consultant to Help Board
Review Granite
Woods Project?
The board also discussed whether to continue
to hire a land use
consultant for an upcoming public hearing on the the 71-lot Granite
Woods II Subdivision plan off Belle Marsh Road. (MSP 03-10). Developer
and Planning Board member Andrew Patterson and his lawyer Bill Ferdinand
were present. (Read more on the Planning
Board page of this website.)
The board recently approved the applicant's
sketch plan provided that cul-de-sacs are shortened and house lots be
removed from turtle habitat. From the start of the project, the board
felt it necessary to hire a consultant to help them review the controversial
development. Tom Emery of Land Use Consultants was hired on a limited
basis.
Burke said his initial feeling was that
they wouldn't need Emery at the hearing, but since Delp will not be there,
he was in favor of having him present.
Board member Jack Shipley agreed it would
"Behoove us to have Land Use representation at the public hearing."
When Burke asked Patterson if he agreed,
Patterson declined to comment and Ferdinand spoke on his behalf.
Ferdinand questioned the need for a consultant
and asked what issues the consultant would focus on. He said the issues
will get picked up by the Maine Department of Environmental Protection.
"There will be a lot of professional
back up", he continued. He conceded that he understood that the board
felt they needed the consultant to do a good review.
Breed stated that the decisions they make
will be far reaching. He said that they wanted to make good decisions
and he feels comfortable having the consultant present when discussing
the project. "We should have an expert to go to," he said.
Ferdinand asked if the board can receive
a memo from the consultant or "do they just show up?"
Board members said they would like the
consultant available at the public hearing and the preliminary review.
"Something might come up at a meeting,
I want the consultant there when we have to make a decision. Otherwise
we'll have to wait", stated Breed.
Ferdinand still did not see the need to
have the consultant present. He said normally there isn't a public hearing
until the application is filed.
The applicant was not planning on making
a presentation at the public hearing, he said. People were just going
to go to the microphone and speak and he didn't see the need to have the
consultant there. He can listen to the tapes after the hearing, and hear
the questions just as he would, Ferdinand said.
The board appeared very surprised to hear
that developers were not planning on making a presentation and questioned
him further.
"We've already presented", Ferdinand
replied.
Board members noted that the presentation
was given only to the board, not the public. "There's going to be
a big, group discussion about the plan", one board member said, "That's
what we've done in the past."
"Our charge is to our town's people,
we promote dialog as long as it's constructive and orderly," Burke
said.
Ferdinand continued to express his uneasiness,
saying, "I don't want it to get out of control."
Breed said, "Like David said, we're
really representing the people."
Ferdinand said it was an unusual step-by
step-process.
"The democratic process is not always
an easy, clean one, it can be messy sometimes," Kendrick noted.
Ferdinand conceded that Tom Harmon of Civil
Consultants would probably make a quick presentation.
It was evident that Breed and Kendrick
wanted the consultant present whenever the board discussed the application.
"I expected that we'd follow what we've done in the past," Kendrick
said.
The rest of the board said they would like
to use the consultant "as needed". Breed interpreted that as
meaning "whenever we're discussing the project".
Burke asked that the board not vote on
using the consultant and tabling it until Dennis Smith is at the next
meeting. Smith has been the
alternate voting member on the Granite Woods project, because regular
member Patterson is the applicant.
Acknowledging
Correspondence
Also at the meeting, Breed suggested that
when the board gets a letter, it should be read. He was referring to a
letter sent to board members from former South Berwick Town Planner Paul
Schumacher regarding the Granite Woods Subdivision and third party review.
Schumacher sent the letter prior to the
last meeting, but the letter was not recognized during the meeting.
"The letter didn't come to me until
four days after", said Delp, "If I had gotten it, it would have
been."
Apparently, Burke had not received the
letter before the last board meeting either, and stated he was not aware
of it, otherwise he would have mentioned it, he said.
Back
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posted January 21, 2004
January 13, 2004
Granite Woods Subdivision Public Hearing
By Rachel Schumacher
About 150 citizens packed
the third floor auditorium of the South Berwick Town Hall last Tuesday,
January 13 to attend a public hearing held by the South Berwick Planning
Board for the Granite Woods Subdivision. All of the more than two dozen
people who spoke opposed the 71-unit development or criticized some aspect
of the proposed design.
The subdivision is proposed seven
miles out of town on land located between Belle Marsh Road and Earl's
Road. It is also a short distance from the Belle Marsh Reservoir, owned
by the Kittery Water District. Part of the subdivision land crosses town
lines and extends into York.
The planning board recently approved
a sketch plan of the project with two conditions. The first condition
specified that only one cul-de-sac can exceed the 600-foot length limit
allowed by the zoning ordinance. The second condition was that house lots
be removed from turtle habitat. Endangered spotted and Blandings
turtles have been documented to live on the property. (Click
here to read past reports on Granite Woods.)
The planning board's decision
to steer away from their regular process and hold a public hearing before
the applicant submitted a preliminary plan appeared to result from heightened
interest among residents regarding the controversial development.
Tom Harmon of Civil Consultants Engineering
presented the plan to the audience before the hearing began. Developer
Andrew Patterson of ATP Inc. was not present, however his attorney Bill
Ferdinand was.
The planning board was joined by consultant
Tom Emery of Land Use Consultants. Emery has been hired by the board to
help review the project.
Before the hearing, Planning Board
Chair David Burke read a memo to the board from Town Manager Jon St. Pierre.
St. Pierre said the town council has concerns over the review of the subdivision
and asked the board to give careful study to the impacts that the subdivision
will have on town services. The council requested they mitigate the burden
by looking at the off-site improvements ordinance. In addition, the council
recommended the board use an independent consultant at all reviews of
the project. Lastly, the council indicated that the planning board should
include other towns in the review when a project crosses town boundaries.
The following points were all made by local
residents:
1) The Sketch Plan omits certain critical information,
including:
- Contiguous
pieces in York
- Resource
protection zones
- Developer
has contiguous property that abuts Warren Pond
2) Further studies are necessary, including the:
- Municipal
impact on schools and traffic
- Hydro-geological
impacts
- Watershed
protection; and the status of Warren Pond being
a "most at risk water body."
Former South Berwick Town Planner Paul
Schumacher suggested these studies should not be deferred until a DEP
review.
3) Traffic:
- Substandard
roads exist for the proposed amount of traffic.
4) Is Town of York involved?
- Has South Berwick
received a letter from the York Planning
Board concerning joint review of this project?
- The town needs to investigate
transfer of properties in York
to determine how they impact the subdivision. Are they
valid transfers? To who were they transferred?
- What is York's role
in determining off site improvements?
5) Inadequate Right-of-Way width:
- Widening the corner
at Earl's and Emery's Bridge Roads would
affect an historic cemetery on one side (including the
grave of a veteran, protected by recent legislation) and
an historic farmstead on the other side.
6) Right-of-Ways:
- Several woods roads
extending through house lots are identified
as owned right of ways.
7) Habitat protection:
- Delicate
ecosystems are always hurt by development and this
area has a documented Maine endangered species.
8) Additional development:
- There is strong potential
for expanding
development to lots
within and around the development.
- How many more lots might be
developed adjacent to subdivision?
9) Taxes:
- Residential development
is the most expensive development.
The only one who benefits is Patterson. He should
be paying to mitigate costs for: schools; school buses;
road maintenance (snow plowing, etc.); police and fire
substations.
- All costs increase because
of this project's distance from downtown.
- Other towns have actually
bought up buildable land, finding
that this is cheaper in the long run than trying to support
residential development.
10) Not in conformance to existing town comprehensive
plan.
11) Waivers:
- Providing waivers
to a developer undermines relationship between
individual citizens and town government.
- Should the town be approving
waivers in an area of town where
they do not want to see development? (Why are we making
it easier to develop an area that our Comprehensive
Plan does not wish to see growth of this scale?)
12) Hoopers Swamp Bridge is a newly constructed bridge
on Belle Marsh Road with a 12-ton
load limit.
13) Safety:
- Impact on police,
fire and rescue services.
14) Development is within the same watershed as the
Belle Marsh Reservoir owned
by the Kittery Water District.
- Has Kittery Water
District been contacted directly for input
as required by state law?
15) Possible historic sites.
A number of residents revealed that they
owned land and right-of-ways inside the subdivision. A few of them had
deeds that dated back to the 1700s.
Concerns over the scale of the project
and the impact it would have on town services were voiced. Many residents
referred to the fact that this development is not compatible with the
town's comprehensive plan.
Bob Eger of Warren Pond Road pointed out
the potential for the subdivision to grow even larger than what the plan
showed. He was referring to two previously unbuildable, landlocked parcels
that would now have road frontage due to a new road that would be built
through them.
Karen Eger of Warren Pond Road also informed
the board of a parcel adjacent to the subdivision and bordering Warren
Pond that is owned by ATP, Inc.
Ms. Eger spoke about working the past eight
years with the Maine Audubon studying vernal pools in the development
area. She described how just one dog walking through a vernal pool can
destroy a salamander egg mass and their population for that year. The
same sort of activity would affect turtle habitat within the development,
she said, "This is not going to be wildlife habitat anymore."
Back
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posted February
2, 2004
January 20, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Hot
Dog Heaven
After a public hearing on
the issue, the South Berwick Planning Board recently approved the expansion
of Hot Dog Heaven at 440 Main St.
The neighboring storefront was recently
vacated and Hot Dog Heaven owner Gary Boucher had asked the board for
permission to expand his business from a take-out to an eat-in establishment.
During the public hearing, board members
learned that some abuttors had not been notified of the hearing.
Town Councilor Suzanne Roberge, who was
in the audience at the public hearing Jan. 20 and who owns property near
the eatery, said she was curious why abutters weren't notified. Apparently
she had only found out about the public hearing earlier that day.
After some discussion, it was determined
that the lack of notification had to do with an old list of abutters mistakenly
supplied to the applicant and the town by Planning Coordinator Kathy Delp.
Planning board members discussed whether
or not to proceed with the public hearing.
Boucher argued it was unfair to prolong
his application because the board missed one or two abutters. He noted
the hearing was advertised in the paper.
Chairman David Burke suggested the board
recess the public hearing while Rouselle checked the abutters list to
a map.
A few minutes later, Rouselle came back
lamenting that a whole group of abuttors didn't get notified.
Planning Board members appeared embarrassed
by this oversight and apologized. After more discussion they agreed to
proceed with the public hearing and to hold another hearing in the
future if other abutters had concerns.
At the regular meeting following the
hearing, Planning Board approved the Hot Dog Heaven expansion (MSP
03-14).
First they discussed whether Boucher is
required to build a handicapped accessible bathroom in the expansion.
According to Boucher, he was not obligated
to build an accessible bathroom.
He said state regulations say, "anything
that's done after 1984 has to be handicapped accessible -- I'm only
doing cosmetic stuff.
Rouselle suggested Boucher "get it
in writing that ADA says you don't have to have to do it."
The board told Boucher they can require
an accessible bathroom.
Boucher countered that because of the building's
construction, he'd have to raise the floor about 15 inches. He also pointed
out he'd need to put in a ramp about 18 feet long to get into the building.
After further discussion the board decided
not to require the handicapped accessible bathroom and approved the application.
Mick
Subdivision
The board also set a public hearing
date for Feb. 3 to address the proposed 12-lot Mick subdivision on Knights
Pond Road (MSP 03-07).
Tom Harmon of Civil Consultants, who represented
the applicant, presented a map of the subdivision showing "green
space" to be maintained by the Great Works Regional Land Trust and
"open space", a pond, to be controlled by the homeowner's association.
Board member Dennis Smith indicated he
is uneasy relying on the homeowner's association to enforce rules of the
subdivision.
"Enforcement of the homeowner is only
as good as the homeowner association is," he said.
Harmon and Rouselle both suggested the
conditions of the homeowner's association be put on the plan and not be
part of the homeowner's association document.
"If it's on the plan, it's enforceable,
if it's in the homeowner's
association document I have no way of enforcing it," Rouselle said.
Smith said he would like the plan
to specify driveways with a 10-foot buffer of trees between each lot.
An agitated Harmon responded, "You
asked us to preserve open and green space. Now in addition you're telling
us you want us to buffer the lots."
Board member Jack Shipley acknowledged
that the applicant has done a lot with common land. They've also worked
with the land trust and made a trail system, he said.
Board member Phil Kendrick suggested they
put a buffer around a cluster of lots but not around each lot.
Harmon suggested a 50-foot buffer on Lot
1. This would camouflage the outward appearance of the subdivision.
The board, Harmon and Conservation Commission
Chair Jean Demetracopoulos agreed to a change in the plan regarding the
use of pond water for agricultural purposes. The change specified pumping
pond water to a dry hydrant system located on the green space. The green
space will potentially be used by an adjacent farm for cattle grazing.
It will be up to the farm to get a gas-fired pump to acquire the water.
The board also asked that the access road
in the subdivision be maintained and available for emergency vehicle use.
Code Enforcement Officer Joe Rouselle
was at the meeting. Regular members Allan Breed and Andrew Patterson were
absent as well as alternate Peter Cannell. Planning Coordinator Kathy
Delp was also absent.
Back
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posted February
24, 2004
February 3, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Mick
Subdivision Public Hearing
Several citizens questioned
the location of proposed roads in a subdivision and the possible
impact on traffic during a public hearing held by the planning board
Feb. 3 for the Sam Mick Subdivision on Knights Pond Road (MSP 03-07).
The subdivision consists of three parcels
in three towns: South Berwick, North Berwick and Berwick. The South
Berwick parcel is the only one now being reviewed. (Read the Nov.
18, 2003 and Jan. 20, 2004
reports on the Mick Subdivision.)
Tom Harmon of Civil Consultants,
representing the applicant, described the 12-lot subdivision as a traditional
clustered plan on two-acre zoning. He said the parcel would support about
18 lots, but developers cut that number to12 lots to bypass the Maine
Department of Environmental Protection approval process. He said as soon
as anything is done on any of the other parcels, the project will go to
DEP.
The review would include: "sewage
disposal, water supply, solid waste disposal, habitat, wetlands, soils,
scenic vista, historical, fish and wildlife," Harmon said.
"Considering the impact and size,
doing the first phase without a DEP review seems backwards," suggested
resident Brad Jones of Knights Pond Road. "I don't think itís
a good idea. It doesn't seem like the right thing to do." Jones described
the project as "too important and having a big impact on the area."
Planning Board member Dennis Smith said
the planning board's job is to "respond to what the applicant brings
us. In a perfect world we'd like to see the whole thing." (Smith
seemed to be referring to the idea of the board being able to review the
entire project instead of the current, isolated portion.)
Answering a question from the audience
about the cost to the town, Planning Board Coordinator Kathy Delp said
for every $1 spent on a development, the town pays $1.30 - and for
every $1 spent on land, the town pays just 30 cents.
After being questioned by a member of the
audience, Harmon said it was possible a cul-de-sac road in the subdivision
could go through the parcel to Route 4, but he added "My belief is
we'd go to MDOT (Maine Dept. of Transportation) and ask for a waiver."
Harmon explained that "open space"
consisting of a pond and the area around the pond will be maintained by
a homeowner's association. Fields on the parcel designated as "green
space" will remain undeveloped and maintained by the Great Works
Regional Land Trust, he said.
A 2200-foot right-of-way goes into the
subdivision with 1900 feet of that leading to a cul-de-sac. The cul-de-sac
will be oversized to accommodate town highway department trucks (snowplowing,
etc.). Sidewalks on the road will have vertical granite curbing. A walkway
through the fields will use sloped granite curbing.
The project requires a storm water management
permit, which developers expect in about a month, Harmon said. A 50-foot
underbrush buffer will surround the pond to maintain the water quality
and provide a view for homes, he said.
The subdivision will be on town water,
with a connection from Knights Pond Road. Bringing water there will require
a simple connection to the North Berwick Water District, Harmon said.
Road construction will begin after developers
get planning board approval, according to Harmon.
After Harmon's presentation, Planning Board
Chair David Burke introduced Vicki Ware, a planning board member from
Berwick, and Lincoln Harrison, a board member in North Berwick. Because
the subdivision spans three towns, planning boards from the towns have
been invited by the South Berwick board to participate in the review,
but not vote on it.
Resident Mimi Demers asked the planning
board about the involvement of planning boards from other towns. She noted
there were three varying opinions from attorneys.
Burke said he met with the chairs from
both the Berwick Planning Board and the North Berwick Planning Board and
they had decided to do a joint review. Both towns are happy to have the
South Berwick Planning Board do the review as long as they can have input,
Burke said. They all realized it was very difficult for three towns to
review the project at the same time, he said.
"The system we included for this review
will be the same for the other towns," added board member Phil Kendrick.
Jones commended Harmon for saving the field.
He said he was concerned, however, about traffic and safety on Knights
Pond Road. He described cars traveling at excessive speeds once they've
turned onto the road from Route 4. He also said that at the bottom of
the hill, site distance is impaired. He suggested the roadway into the
subdivision be moved from the bottom to the top of the hill. The top of
the hill is much safer with a "much safer view" than the lower
part near the gas line, he said.
Harmon said he believes developers will
use a traffic study now underway to consider potential impact of the traffic.
Resident Clifford Cleary wondered who would
pay to install water lines, which will be about a half mile from the South
Berwick Water District. Harmon said that is typically the developers'
responsibility.
Resident Dana Johnson of Knights Pond Road
objected to the proposed location of the subdivision entrance. Knights
Pond Road has a "blind hill," he said. He described encountering
a couple of bad accidents on the road last summer. He wondered if any
provisions were made to widen the top of the hill where it meets with
Route 4.
Johnson asked if the entrance to the subdivision
could go through the parcel onto Route 4. Harmon responded saying the
Maine Department of Transportation won't let them run the road through
the parcel onto Route 4 because it's a 55 mph roadway.
Town Councilor Richard Clough asked if
the planning board expected any waivers for the project. Burke said he
wasn't sure and asked for the Council's direction on the matter.
As far as the involvement of the Great
Works Regional Land Trust, Conservation Commission Chair and GWRLT Board
member Jean Demetracopoulos said the trust will own the wetland area and
the field.
"The developers have done a good job
of buffering; it's a pretty good plan," she said.
Resident Ray Demers brought up the potential
impact on traffic the subdivision will have, describing commuters from
the subdivision driving down Knights Pond Road, onto Hooper Sands Road
and then onto Belle Marsh Road to York and points south. (Currently, the
Granite Woods 71-lot subdivision on Belle Marsh Road is being reviewed
by the planning board as well.)
Demers said projects like these are sprawl.
Directing his comments to Harmon he said, "It's a disease - it's
going to spread, somewhere, someone has to take responsibility."
Again, residents spoke about the location
of the subdivision entrance and wondered if the planning board can include
having the road at the top of the hill in the traffic study. Burke responded
that they will "consider it."
Kendrick said the board walked the site
and thinks it's safe to have the road where it is proposed.
Back
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posted March 10,
2004
March 2, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Does
Town of York Have Authority to Review
the
Granite Woods Subdivision?
Town officials in York are working
to clarify whether they have any authority over a proposed 71-unit
subdivision off Belle Marsh Road, according to a series of letters
from York officials to the South Berwick Planning Board.
The letters, which the planning board
reviewed at a meeting March 2, made it clear York officials are confused
as to whether they have authority to review the proposed Granite Woods
subdivision.
The confusion stems from the fact
that the subdivision originally included parcels in York, but now includes
only South Berwick house lots.
Letters from the York Planning Board
provided a chronology of events, as follows.
The initial plan submitted by ATP
Inc. to the South Berwick Planning Board, showed the property extending
over the town line into York. York's tax maps showed the same property
as being owned by ATP Inc.
As a result, York planners asked
their attorney, Larry Walden of Bergen and Parkinson, for a legal opinion.
Walden indicated that the subdivision "requires concurrent review
by both the York and South Berwick Planning Boards."
After town attorney Walden issued
this opinion, ATP's attorney, Bill Ferdinand, told York officials "all
the land in York had been transferred to an abutter in York, and
therefore none of the property in the proposed Granite Woods subdivision
are in York."
After hearing this, York's attorney
wrote again and said "since no portion of the property crosses
the municipal boundary at this time, joint review is no longer required."
An abutter questioned this conclusion
based on his reading of state law which says, "Lots created
with the intent of avoiding the subdivision law are considered lots,
regardless of how they are created."
York's town planner Steve Burns said
it seems to be "a rational conclusion that the property owner
transferred the land in York to York abutters to avoid the joint
review requirement." If this is true, he believes joint jurisdiction still
exists. He went on to say that proving intent is difficult, but he provided
information on a similar case which was recently decided by the Maine
Supreme Judicial Court. In that case, the Town of Falmouth was able to
successfully demonstrate such intent existed.
Based on the Falmouth case, which
had not been decided when York's attorney completed his initial review,
York's town planner requested the York Planning Board ask the York
Board of Selectmen to solicit an updated opinion from their town
attorney.
In response to the correspondences
provide by York's town planner, South Berwick Planning Board member Allan
Breed said that, as far as he could see, it all comes down to intent and
the "intent could be there."
According to Planning Board Chair
David Burke, "If the attorneys reconcile that York should do
a joint review then we'll make our decision."
Board
Approves Application
to
Build in Shore Land Zone
The board last month also approved
an application from Aaron Hickey to build a single family home in
the shore land zone on Boyd's Corner Road, (SP 04-01; Map 10, Lot
43A2).
Mr. Hickey acknowledged that according
to the South Berwick Zoning Ordinance, two different setbacks exist
to deal with wetlands. He said, however, that the setback issues
have been resolved.
Conservation Commission Chairwoman
Jean Demetracopolous said the wetland in question is 32 acres. She
explained that setbacks are 250 feet for a major freshwater wetland,
but for a forested wetland like this one, setbacks are 100 feet.
Town's Adoption
of New Growth Permit Ordinance
Also at the meeting, Planning Board
Coordinator Kathy Delp questioned the wisdom of a portion of the town's
new Growth Permit Ordinance that requires developers of multi-unit dwellings
to get building permits within 30 days of getting growth permits.
As an example, she said someone that
wants to develop a six-unit dwelling in town would "get the growth
permits, [but] unless they get their building permits within 30 days,
the growth permits will expire."
Town Council member Richard Clough
was in the audience and responded, "If we have a rash of apartment
units in town we'll look at it (the growth ordinance) again." He
explained that it won't have an affect on how the planning board reviews
projects.
Delp countered, "It does have
an affect on how we approve. It will have an affect on how the project
is presented, processed and approved. I don't think it's a smart
way to develop."
Breed expressed his support for the
overall ordinance.
"We're always harping on town
services keeping up with the expansion of the town. It seems to be
a fair way to go and encourages growth near the center of town near
sewer and water. I'm glad they approved it," he said.
Asked by Burke how permits would
be distributed among developers of subdivisions, Delp said, as many
as three subdivisions in town will be affected by the new ordinance.
Two of them are now being reviewed by the planning board -- the Mick
subdivision, with 12 house lots, and the Granite Woods subdivision
with an estimated 71 house lots. Roe Fields, which was approved by
the planning board, still has a number of house lots that have not
been built on.
Delp said that 20 growth permits
per year would be available within a subdivision. A developer would
be allowed to apply for two permits a month. Applicants for the growth
permits would be awarded points ranked on soil suitability, town
sewer, town water and roads.
Planning Board members Allan Breed,
Phil Kendrick and David Burke were present. Regular board members
Jack Shipley and Andrew Patterson were absent. Alternate members
Dennis Smith and Peter Cannell were also absent.
Back
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posted April
5, 2004
March 16, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Mick
Subdivision
Developers of the Mick/Folsom Farm Subdivision have decided
to widen a shoulder of road by four feet at the intersection of
Knights Pond Road and Route 4, a consultant for the project told the Planning
Board recently.
Tom Harmon of Civil Consultants,
who represented the applicant, said an 8-foot shoulder will
be created on Route 4 so people turning left onto Knights Pond Road
won't tie up traffic.
Because the Mick Subdivision
property extends into North Berwick and Berwick as well as South
Berwick, the three towns agreed to have joint review of the project. Planning
Board representatives from North Berwick and Berwick were at the March
16 meeting when the planning board reviewed the preliminary approval application.
A traffic study was completed
that only reflects South Berwick, Harmon said. "As the developer
develops, we will take the traffic study and update it," he
said.
The Maine Department of Transportation
believes the shoulder widening is necessary, according to Harmon.
"The traffic study shows a need for it," he said after
Planning Coordinator Kathy Delp wondered what kind of process the
applicant needed to go through with the Maine Department of Transportation
to get the shoulder widened.
Delp also brought up the issue
regarding trees on the lots. She said she'd like to see building
envelopes on the lots and tree buffers between the lots. She asked
if they could go on the plan.
Harmon objected to requiring
buffers between the house lots.
Planning Board Chairman David
Burke said he couldn't see how they could enforce the requirement.
Delp explained that at the
Roe Field subdivision off Route 91, a homeowner was able to disregard
the homeowner's law regarding tree buffers because the "Roe
Fields buffer was not on the plan, it was on the homeowners' association
document." She said that "Joe [Rouselle, Code Enforcement Officer]
can enforce it if it's on the plan."
"Trees add to the value
of the property, " noted planning board member Allan Breed.
According to Delp, the group's
work to make sure houses are dispersed in the trees must be protected.
"We've all worked so hard
to get where it's at," she said. "From the very start,
it was: these houses are going to be dispersed in the trees. I don't want
the town put in a position again, like we had with Roe Fields."
The board and Harmon continued
to debate whether or not the tree buffer should go into the plan.
"They are there to set
a tone for the subdivision," Harmon said.
"Then put it in the deed,"
Breed said.
Vicki Ware, chair of the Berwick
Planning Board, intervened saying, "It has to be on the plan,
when having it on the deed the town can't enforce it."
Planning board member Phil
Kendrick said he didn't see a practical way of asking for a 20-foot
buffer between the lots because of the small lot sizes already.
The board agreed to hold a
second public hearing at the next planning board meeting, April 6.
Workshop with Town Council
Two workshops are also set
for the April 6 meeting. At 6 pm the planning board and the town council
will address impact fees, fire protection options in subdivisions, and
Non Hazardous Solid Waste Processing Facilities.
Workshop
with Granite Woods Subdivision
The second workshop was requested
by Tom Harmon & ATP, Inc., "strictly for road design"
in the proposed Granite Woods subdivision. Delp has asked Public
Works Director Terry Oliver to attend. This workshop will be held before
the regular planning board meeting and the Mick subdivision public hearing.
Regular member Andrew Patterson
was not present at the meeting, nor were alternate members Dennis
Smith and Peter Cannell.
Back
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posted April 13,
2004
April 6, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Workshop with
Town Council and Planning Board
At a workshop held
jointly by the South Berwick Planning Board and the Town Council this
month, planners and town councilors addressed the possibility of South
Berwick hosting a trash facilty that would accept mainly garbage from
Massachusetts.
In addition, the planning board and the
council discussed impact fees; land use tables; fire protection in subdivisions;
a planned growth ordinance and the use of consultants by the planning
board.
Officials began the April 6 workshop by
addressing the question of how to control taxes in town, focusing on the
need for cooperation between the town and the owner of a future industrial
park that will be on Rte. 236.
Officials discussed the need to attract
businesses to the park and to do more work to bring business and industry
to town.
"How do we get the owner of that property
to market to businesses," Councilor Richard Clough wondered.
Many board members were frustrated that
the town doesn't encourage businesses to come here.
Planning Board member Dennis Smith suggested
the town partner with the owners of the proposed industrial park to encourage
industry to locate there. He also thought the town should hire an economic
development director.
Planning Board member Allan Breed reminded
the group that "part of the deal with the industrial plant"
was they were going to pave the road going into it and town water was
going to be supplied.
Councilor John Rudolph pointed out that the town
has never actually had an economic development plan. He also suggested
South Berwick's economic future is not in manufacturing.
St. Pierre suggested tourism could also boost
economic development in the town, which offers rivers, hiking, Vaughan
Woods State Park, bike riding, B&B's, among other things.
Clough suggested the town contact someone at
Southern Maine Regional Planning Commission who can help the town develop
a strategy for economic development.
Officials also discussed impact fees and how the town
could get developers to foot some of the bill for their impact on the
town.
Planning board member Jack Shipley said the town
"better have something in the comprehensive plan" to describe
these fees.
Breed suggested the town identify what levels
of service will be needed. He illustrated this by saying, "We need,
in 'x' years, a certain amount of fire protection, police protection,
ambulance -- Find out how much it will cost and develop a plan."
He went on to say, "People come into town and have an impact on the
town. We have to take that into account when talking about growth in town.
It's a good way to make sure growth is charged."
Smith said an impact fee to preserve open
space is easier than an impact fee for fire and police.
St. Pierre described the non-hazardous waste
processing facility that came to the town and was interested in locating
a trash burning plant in the industrial zone. He noted that town officials
have decided put a six-month moratorium on any decision to allow time
for discussion and planning.
"Between now and four months from now we
need to have a plan in place," he said. About 80 percent of the trash
going to this facility would come from Massachusetts, he said. The technology
is "advanced" but untested, according to St. Pierre. He also
pointed out that the history with trash to energy facilities is very bad.
Councilor John Rudolph expressed reservations
about the facility. There "is no new technology," he said. He
told the group that he spoke with the North Berwick town manager who has
been researching this type of facility.
"My fear is next time they won't go to Jon
[St. Pierre] they'll go directly to the planning board -- We need to review
all possible industrial types of uses that might go in [the industrial
park] and set a
standard that people have envisioned. We need to develop a positive vision
with regard to economic development in town."
In response to a question from St.
Pierre, Planning Board Chair David Burke said the board can start working
on the land use tables, but they would like input from the council.
"What things are wanted, what things are not?" he asked.
Smith suggested that before board members
work on the land use table, the town should adopt the comprehensive
plan, then the zoning ordinance.
Rudolph brought up the idea of an economic
development summit, suggesting the topic be "opened up to the wider
public" by inviting townspeople to participate in it.
Fire Department Chief George Gorman talked
about fire protection in the rural parts of town. Neighboring towns help
out with fire protection within five miles of their town line, he said.
The only area in town that doesn't have fire protection coverage is the
Belle Marsh Road area, he said.
Rudolph asked if there is an increased risk to
firefighters
as well as homeowners when a fire happens in a rural area in town. Gorman responded
in the affirmative, "Yes, the fire gets bigger."
Before the joint workshop adjourned, Councilor
Suzanne Roberge reminded the planning board that funds are available for
consultants and should be used whenever possible.
Public Hearing for Mick/Folsom Farm Subdivision MSP 03-07
(Read past
reports on the Mick Subdivision for details.)
During the public hearing on the Mick/Folsom
Farm subdivision, Brad Jones of Knight's Pond Road asked whether the traffic
study for the subdivision considered locating the entrance to the subdivision
at the top of a hill on Knight's Pond Road, a spot Jones believes would
be much safer because of better visibility. This spot, however, would
put the road through the field.
Tom Harmon of Civil Consultants, who represented
the applicant, said the traffic study did not look at that alternative.
Board member Breed commented that the board would
"rather see the road pushed down at the bottom of the hill to keep
the field open."
Resident Cliff Cleary, concerned about salt runoff
during winter snow removal months, asked if the storm water runoff
would be going into a nearby pond.
Harmon said a vegetative buffer around the pond
would control runoff.
Conservation Commission Chair Jean Demetracopolous
suggested there could be a "low salt area" posting on the roadway
near the pond.
Councilor Clough commented that he "sensed"
all the traffic from the subdivision would go through South Berwick once
the roads in the subdivision were connected to the Berwick and North Berwick
part of the subdivision. He said that if the developer "chooses not
to hook the road onto the North Berwick parcel, all traffic will come
out onto Knight's Pond Road."
Harmon said the idea of developing the North
Berwick land in the subdivision "hasn't been brought before the [North
Berwick] board -- certainly, the possibility is there."
Reiterating his concern about traffic from the
development, Clough wondered if developers had considered widening
Knight's Pond Road.
Harmon said the traffic study assumed a development
with 18 homes, not the 11 planned, before coming to its conclusions.
Jones wondered who will maintain the 50-foot
vegetative buffer along the road into the subdivision. Harmon's response
-- that it was on a house lot -- led to some discussion and ultimately
a change of plans. The buffer will be moved to the Great Works Regional
Land Trust property instead.
Workshop with ATP, Inc.
/Granite Woods Subdivision
Harmon also represented the developer of
the proposed Granite Woods subdivision, Andrew Patterson of ATP Inc.
Patterson, a planning board member, was in the
audience. Harmon requested the workshop to discuss roads in the subdivision.
The proposed subdivision has 71 lots on 300 acres
off of Belle Marsh Road. (Read past reports
for more information on this project.)
Before the workshop began, Burke said he would
allow comments from the audience if there was time.
Harmon opened the workshop by saying the developer
needs more direction to continue with plans for road development. The
road profiles are complete, he said, but the developer needs to know what
to do for the road grades, for sidewalks, and for curbing in various areas.
Smith said he wanted vertical granite curbing
and sidewalks on one side of the road in cul de sacs, but wasn't sure
what to do in turtle habitat areas.
Public Works Director Terry Oliver said, "The
town has an ordinance that requires curbing. If you have a road with no
curbing it requires maintenance."
Shipley favored curbing and sidewalks because
of the "safety issue".
Burke stated, "The curb issue sounds like
it might be settled."
To this Patterson responded from the audience,
"There will be some areas where there won't be curbs because of DEP."
Demetracopoulos reminded the board that a representative
from Inland Fisheries and Wildlife was concerned "that turtles
can't jump, and they can't read (referring to comments made about
some roads having posted turtle crossing sites) - Sloped granite
curb was better for them."
Oliver suggested the board look at using vertical
granite curbing in the areas near the house lots and sloped granite curbing
near the wetland areas.
At this point, Burke called on a couple members
of the public for their input.
Patterson was disruptive and visibly uncomfortable
with allowing this to happen. He repeatedly said to Harmon, "Bill
[Ferdinand] said not to let this happen!" (Bill Ferdinand is Patterson's
attorney.) Patterson eventually quieted down and allowed the public their
chance to speak.
Paul Schumacher, a resident of Belle Marsh Road
and former South Berwick town planner, said the board needs to consider
the effects of granting any waiver for these roads.
"There is going to be a lot of traffic,"
Schumacher said. "When looking at waivers, no where in the ordinance
does it say the planning board can grant waivers because of cost to the
developer."
Planning Coordinator Kathy Delp and a few board
members argued they were not granting any waivers.
Resident Bob Eger of Warren Pond Road argued
that even in a rural area, roads need curbs.
"If you grant a waiver for curbs, you need
to ask for something in return," Eger said.
Councilor Clough asked how many miles of roadway
was in the proposed subdivision. A few moments of research and calculation
determined that there were roughly two miles of roads.
Resident Cliff Cleary wondered, "If we have
two miles of road and two miles of sidewalks, does that mean two miles
of sidewalks the town has to plow?"
At the planning board's regular meeting following
the workshop, Burke said the board had received a letter regarding the
Granite Woods Subdivision from Attorney Paul Cadigan of Kennebunk. Cadigan
is representing residents of Belle Marsh Road and Earl's Road who are
concerned with the subdivision plan and the process in which it has been
reviewed by the planning board. Burke said the board would read the letter
at the next planning board meeting when Granite Woods is on the agenda.
Back to top
posted April
28, 2004
April 20, 2004
South Berwick Planning Board Meeting
By Rachel Schumacher
Berwick
Academy Expansion
The South Berwick
Planning Board has approved an application from Berwick Academy for an
expansion of their lower school and construction of a softball infield
on an existing field on the school's property (SP 04-01).
The two-part project would involve adding
3,266 square feet to the lower school building (k-4) and adding a
softball infield to the field known as field #4, according to George
Chobanian of Civil Consultants, who represented Berwick Academy at
the April 20 planning board meeting.
The board approved the application under
the conditions that letters of approval come from the South Berwick
Water District, the South Berwick Fire Department, and the Maine
Department of Environmental Protection (for the ball field), as well
all appropriate permits.
According to BA Headmaster Richard Ridgeway,
classroom sizes will increase but the class size will remain the
same. A technology room and a project room will be added to the lower
school building.
The majority of the board didn't think
a public hearing would be necessary because the changes would be
made to existing structures inside school property. Holding a public
hearing could create a timing issue as well. Ridgeway said BA would
like to start construction as soon as possible so the addition and
ball field are ready for the 2004/2005 school year.
The planning board voted not to hold a
public hearing.
Mother-in-law
Apartment Approved
The board also approved an application
from Lori and David Mick of 191 Knight's Pond Road who asked for
permission to add an accessory apartment to their existing home (SP
04-02). The planning board approved the application on the conditions
that building and plumbing permits are obtained and the septic gets upgraded.
The apartment would be located above the
garage and would be used as a mother-in-law apartment.
According to Chobanian, who also represented
the Michs, the home is now 2,700 square feet -- in compliance with
the zoning ordinance requirements for adding an accessory apartment.
Planning Coordinator Kathy Delp pointed
out that according to a stipulation in the ordinance, "either
the apartment or the house has to be owner occupied."
Clubhouse Kids Program:
Before
and After School Care to be Offered
Also at the April 20 meeting, The board
approved an application for a before and after school program that
will be based at Central School at 197 Main St. (SP 04-03).
The application was approved based on the following
conditions:
*
A favorable outcome of the public hearing.
*
The applicant provides state licenses to the Code Enforcement
Officer.
* The
applicant seeks approval from the Code Enforcement Officer
and fire marshal.
* The
program is compliant with state and town requirements.
Debra Austin came to the board for
approval for this youth program, which will be called Clubhouse Kids.
The program is designed to provide a "safe
place for kids to be before and after school," Austin said.
It will impact the school prior to and after school hours and there
will be a 7-week program in the summer, Austin said.
Austin described Clubhouse Kids as a non
profit organization that would give money back to the community.
She compared the new program in South Berwick to an existing program
in Eliot called KidCare. Last year, KidCare was able to pay the town
of Eliot $5,000 to be used for a new playground, she said.
Austin told the board that the Clubhouse
Kids staff would work with the children in the morning and afternoon
to help them with their homework. Staff would offer workshops, crafts
and a multitude of things for the kids to do. Most activities would
be held in the hallways and gym, but there are tentative plans to
also use the art room and the gym, Austin said.
Board member Jack Shipley was concerned
with the amount of traffic on Main Street in the morning and whether
or not this would add to it.
Since the drop off time would begin at
7 am, the program should alleviate the busing and traffic by staggering
the traffic, Austin said. Traffic is at its worst between 8 and 8:15
in the morning.
The board agreed to hold a public hearing
May 4.
Planning Board members present were Allan
Breed, Phil Kendrick, Jack Shipley and Chairman David Burke.
Back
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posted May 16, 2004
May 4, 2004
Planning Board Meeting
By Rachel Schumacher
Clubhouse
Kids
The South Berwick
Planning Board recently approved a proposal for Clubhouse Kids Day Care
Center at Central School. The board approved the center after a public
hearing on the proposal.
Town Councilor Richard Clough
said he was concerned with children crossing Main Street to get to the
program. Applicant Debra Austin said the Clubhouse Kids program requires
an adult to accompany the children being picked up and dropped off. And
she said an adult will be responsible for signing their child in and out.
Planning Coordinator Kathy
Delp suggested the application state that children must be accompanied
by an adult when being picked up and dropped off.
Mick/Folsom
Farm Subdivision
Due to a ruling by the state
Department of Environmental Management, the development of a 12-lot subdivision
off Knights Pond Road will take at least another seven or eight months,
according to Tom Harmon of Civil Consultants, who represented the Mick/Folsom
Farm Subdivision.
Developers received the stormwater
management permit that they were waiting for, according to Harmon. But
DEM has decided the project needs to go through a lengthy DEP approval
process.
The process has been slowed because
DEM ruled that this 12-unit subdivision and a contiguous 10-lot parcel
the Micks own in Berwick are in effect one large subdivision. The additional
Berwick parcel includes an industrial building as well.
According to Harmon, DEP says that
since all the land owned by Mick qualifies as a single subdivision, it
has to go through a site location review. Harmon estimated it would be
seven or eight months until developers get the permit and approval to
go ahead with the project.
Dennet
Road Upgrade to a Private Road
The board put off any decision
on a request from Steve Libby to build a single family house on 23 acres
he bought off Dennet Road in a shoreland zone (SP-04-04).
According to Delp, the planning department
and the code enforcement officer
have not seen the lot.
In a response to a question raised
by alternate board member Dennis Smith, Libby said he would upgrade the
road and maintain it as a private road. The road is now dirt and defined
as a public right of way.
Libby said town standards allow five
building permits on a private road. He said he will sell lots to help
defray the cost of the road upgrade. Three lots already have interested
buyers Libby said.
Some members of the public were concerned
about the dirt road becoming a private road. Resident Vicki Desilets reminded
the board that historically, "private roads in town have been a problem".
She questioned who would maintain the road.
Councilor Richard Clough was concerned
with the Dennet Brook which crosses under the road. He said the applicant
had already done work on the culvert before the heavy rains a few weeks
ago. After the rains, the culverts apparently washed away.
Clough also took issue with the idea
of the road becoming a private road. "Right now it's a public right
of way", he said.
Delp suggested the planning board
seek a legal opinion on the matter.
The planning board scheduled a site
walk before they take any further action on the matter.
York
Hospital Sidewalk Change
The board also approved a change
to a sidewalk by the parking lot at the York Hospital medical facility
(SP 04-05).
Mike Lassel of Lassel Architects,
who represented York Hospital, said the hospital wanted to change the
curb location on the sidewalk that runs between the building and the parking
lot so the curb will be located on the back of the sidewalk against the
landscaping. This would also hold in the landscaping.
The sidewalk and the parking lot
would both be at the same level, but their textures would be different.
Cement will be used for the sidewalk and asphalt for the parking lot.
Steve Pelletier of York Hospital
told the board the hospital is trying to "do away with curbs"
because a lot of people have issues with depth perception. He said York
Hospital "would work with the town and any way the board wishes.
"That's always been our position,"
he said.
Other
Business
On the topic of the town council
and planning board workshops, Smith said he wants to set goals for
the upcoming year "so we can be thinking as a board what we
want to accomplish." He said there are issues within the zoning
ordinance that should be acted on with regard to the updated comprehensive
plan.
Board members in attendance were
Phil Kendrick, Jack Shipley, David Burke and Dennis Smith.
Back
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posted June 7, 2004
June 1, 2004
Planning Board Meeting
By Rachel Schumacher
The Planning
Board recently approved a request from a company in Cornish to harvest
timber on 30 acres on Belle Marsh Road. (SP 04-05, Eastbrook Timber; Timber
Harvest in the R5 Zone, Map 4, Lot 5). The board approved the request,
with conditions, at its June 1 meeting.
Robert Libby and Sons of Cornish
will be harvesting the timber for Eastbrook Timber, according to Russ
Hughes of Robert Libby and Sons. The operation will take place on 30 acres
of a 70-acre parcel on Belle Marsh Road. The parcel also borders Hooper's
Swamp, which is designated by the town in resource protection. (Hooper's
Swamp now appears to be a pond because of beaver dams.)
Eastbrook Timber has all the necessary
permits from the state, according to Planning Board Coordinator Kathy
Delp.
Before the proposal was approved,
Conservation Commission Co-Chair Jean Demetracopoulos asked the board
if she could see the marked trees and how close they are to wetlands before
cutting begins. She said she'd like to see if there will be a "decent
stand of trees in regard to resource protection."
"We welcome the opportunity
to show anyone before and during the operation," said Hughes, who
noted that Steve LaFreniere of Eastbrook asked his company to timber harvest
for him.
After further discussion, the board
pointed out that the only area that will be harvested is on 30 acres near
Belle Marsh Road. The 40 acres near the resource protection area will
not be touched.
Answering a question from board member
Dennis Smith, Hughes said the final cut of the operation would only impact
that area of the lot. He also pointed out that there is evidence of a
prior harvest about 12 years ago.
Smith asked what precautions will
be taken to ensure the resource protection area is not impacted.
Hughes said no trees will be selected
for removal near the wetland and the skidders will not impact the "pond."
He went on to say that there is evidence
of logging damage to trees by the skidding from the previous harvest.
"What we propose is to use the
same trails and landings. We should remove the damaged trees,"
he said. Hughes defined the damaged trees as "bumper trees"
-- trees along the trail that the skidder bumps into and damages.
When Smith asked Hughes about the
applicant's method of logging. Hughes held up his "Best Management
Practice" guidebook produced by the Maine Forest Service. He said
the Cornish timber harvesting company follows the guides put out by the
forest service. Hughes also told the board there "won't be very much
slash left" once the operation is complete.
The board approved the application
on the condition that Eastbrook do the following:
1. comply with the terms
of a court order showing their right to harvest
the property.
2. comply with town zoning
laws.
3. comply with Maine
Forest Service's Best Management Practices.
4. harvest only when
the ground is dry or frozen.
5. allow Demetracopoulos
to view the property after the trees to
be cut have been marked and again when the harvest is complete.
(Applicant shall be responsible for contacting Demetracopoulos
directly.)
6. obtain a special use
permit from the town code enforcement officer.
7. operate on the site
only between 7 a.m and 5 pm.
The meeting was adjourned at 7:20. Planning Board members present were
Phil Kendrick, Jack Shipley, Chairman David Burke and alternate Dennis
Smith.
Back
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posted August 5, 2004
August 3, 2004
Planning Board Meeting
By Rachel Schumacher
New
Sewer Pump Station
The South Berwick
Planning Board has approved a plan submitted by the South Berwick Sewer
District for a new pump station on private property at One Brattle St.
(MSP 04-02).
Civil Consultants engineer George
Chobanian represented the sewer district at the August 3 meeting where
the board reviewed and approved the plan.
Chobanian told the board that
since the last board meeting he has met with the owners of the Brattle
Street property, the Ouelettes and they would like the area around the
pump station to be returned to the natural vegetative state there now.
The site now has wild roses
and grasses growing where the pump station will be located, Chobanian
said. The district will replant roses and evergreens around the building
for when the roses die down in the winter months, he said. The building
will be constructed using split face brick.
When asked about holding a
public hearing, Planning Coordinator Kathy Delp pointed out that all of
the abutters have been notified.
Board member Allan Breed said
he didn't think a public hearing was necessary since there didn't seem
to be much interest and no abutters were present.
The planning board approved
the project on the conditions that: the applicant notify the dispatch
about possible road closures during construction; follow the guidelines
in the zoning ordinance; obtain all necessary permits; submit any change
to the plan to the South Berwick Planning Board; get approval from the
property owner for the appearance to the exterior of the structure.
According to a description
Chobanian gave to the board during a July meeting, the new pump station
will be similar to what is at the Old Mill development. The line will
tie into the existing sewer line on Academy Street, and under Route 236
and the Great Works River. The new pump station will be at the corner
of Route 236 and Brattle Street at the historic Goodwin homestead.
The structure will be masonry
to avoid concerns about vandalism. A black chain link fence and landscaping
will surround the station.
The board had met last month
for the first time in nearly two months to hold a pre-application workshop
for the new sewage pump station.
Chobanian said Tom Harmon,
also of Civil Consultants, had suggested doing the pre-application workshop
to address any questions before the next board meeting.
Chobanian said the control
building had to be big to fit in a number of components, such as motor
controllers and a telemetry device.
At that workshop board member
Dennis Smith also asked the applicant to submit a landscape design along
with the application, "something creative," he suggested.
Chobanian said they usually
leave landscape design "up to the sewer district person." He
assured the board he would look at the landscaping and talk to the owner
of the property when designing the pump station.
Chobanian said the sewer district
had met with abutters and has an easement with the owners of the property.
Jean Demetracopolous of Old
Fields Road noted that the owners of the property put a lot of work into
fixing it up and suggested the new pump station have a roof line that
matches the barn's roof or is color coordinated.
But Mike Ouelette, owner of
the property, said he "would like not to notice" the pump station.
The sewer district has approval
from the state Department of Environmental Protection, Delp told the board.
Noting that the property is
about 300 years old, Breed suggested there be someone to make sure nothing
valuable or important is found when a 25-foot hole is dug to accommodate
the pump station.
"It would be nice to have
somebody looking into that hole in case anything interesting comes up,"
he said. He suggested the planning department get in touch with someone
from the state archeology department.
Smith advised Chobanian, "Just
don't make it look like a pumping station and you'll be all set."
In addition to approving the
pump station at the August 3 meeting, Delp noted that York Hospital had
found replacement trees for the ones that were damaged. The 5 caliper
trees will be planted on the Portland Street side of the property.
Planning Board members present
at the August 3 meeting were Allan Breed, Chairman David Burke and new
alternate board member Cheryl Dionne. Regular members Jack Shipley and
Dennis Smith were absent.
Back
to top
posted August 30, 2004
August 17, 2004
Planning Board Meeting
By Rachel Schumacher
The Planning Board
approved an application for a bed & breakfast on York Woods Road,
also known as Route 91, at a short meeting recently.
Craig and Irene Dickinson of
77 York Woods Road told the board that they have two extra bedrooms in
their 3-bedroom home and would like to let out just the two rooms and
serve breakfast.
Mr. Dickinson said, "We
moved to town in 2003. We love it. We want to take advantage of the tourists."
Chairman David Burke recommended
they hold a public hearing, but the rest of the board did not think it
was necessary.
Planning Board member Jack
Shipley said that in the future, if you want to expand the B&B aspect
of the business, you would want to come before us.
Burke added, "Well, they
would be required to come in if they were to expand."
Everyone, including the applicant,
agreed to this requirement. However, the Dickinsons explained that it
will be "just a two-room B&B."
The board approved the application.
No
November Meetings
Planning Coordinator
Kathy Delp informed the board that their first meeting scheduled in November
is Election Day. She also pointed out that both she and the planning board
secretary will both be away from November 7 - 16.
Hearing this, Burke made a
motion to "postpone all planning board meetings for the month of
November."
Shipley responded, "I
don't have a problem if it won't get in the way of town functioning."
The Board unanimously agreed
to postpone November's meetings.
Statements
from Chairman Burke
Burke made a statement
for the public record that he has not yet received a response from
the Comprehensive Plan Update Committee regarding the formation of
a Comprehensive Plan Implementation Committee.
Burke also brought up an issue
regarding economic development in town. He acknowledged that in Eliot
there is what appears to be another business going in on Route 236.
"We acknowledge that something
is going on south of us," he said. In reference to welcoming
new business and industry he said, "If we want to be proactive,
then we need to do something, or we can just wait."
ATP
Withdraws Application
The meeting was adjourned
at 7:14 PM. Immediately after adjournment, Burke noticed three people
in the audience and apologized he hadn't acknowledged them sooner and
asked if there was something they wanted to address.
They said they wanted to hear
what was happening with the Granite Woods Subdivision.
Burke reoped the meeting to
note that the board had just received a letter from Andrew Patterson telling
them ATP Inc. was withdrawing its application for a development, Granite
Woods, on Belle Marsh Road.
Burke read the short letter
aloud: "ATP, Inc. requests the withdrawal of the application for
the development of the Granite Woods subdivision."
Planning Board members
in attendence were Cheryl Dionne, Jack Shipley, David Burke and Andrew
Patterson.
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posted September 20, 2004
September 7, 2004
Planning Board Meeting
By Rachel Schumacher
The South Berwick
Planning Board agreed recently to hold a public hearing before voting
on a proposal by Mike and Rena Lassel to move their architecture business
from their home to a house at 368 Main Street in the village. (MSP 04-03).
Lassel told the board they
recently purchased the Main Street property located on the corner of Lower
Main Street and Rte. 236 (behind the old and now demolished Getty station).
He said he plans to connect
two buildings on the property to create one structure, which will be the
new home of Lassel Architects.
"The building addresses
two key issues: it is a big space, which we desperately need, and the
architecture acts as a gateway to the downtown Main Street," Lassel
said.
He said he would like his new
business to be part of an "urban walking space", that includes
the downtown retail district village of South Berwick. It would also serve
to connect Lower and Upper Main Street. Lassel noted that he wants to
be able to walk to work.
The office building will have
wooden clapboards and shingles on the exterior, and it will be heavily
insulated and designed for solar gain, according to Lassel.
Board member Dennis Smith questioned
the parking lot design, pointing out that one spot does not appear to
have adequate back up space.
Lassel said the space in question
could easily be redesigned or removed from the parking lot altogether
because there are already the required number of parking spaces called
for in the zoning ordinance.
Referring to the preliminary
building design that Lassel submitted, board member Allan Breed questioned
the use of shingles and clapboards together on the same building.
"I would rather see one
or the other," Breed said. "If you want it to fit in with the
neighborhood, nothing looks like this," he added.
Planning Coordinated Kathy
Delp agreed with Breed.
Lassel noted that many houses
on Lower Main Street have different textures. The character of the street
is reflected in the new building by combining clapboards and shingles,
he explained.
Smith asked if the board thought
they should hold a public hearing before ruling on the application for
a "Change of Use."
According to Delp, all the
abutters were notified and only one person came by to look at the plan.
Board chairman David Burke
said he didn't think a public hearing was necessary, and noted that the
Comprehensive Plan Committee wants to encourage business in this district.
Both Smith and Breed agreed
that relocating Lassel Architects to the Main Street property is a "good
use."
The board nonetheless voted
three to two in favor of the public hearing.
Burke responded to the vote
by saying "Having a public hearing shouldn't be construed as anti-business."
He also added his concern that some may see that "this board can't
make decisions on their own without stretching the process."
The board and the applicant
agreed to conduct a site walk 7 am Sept. 21. The public hearing is scheduled
for 7 pm that day.
Board members in attendance
were Allan Breed, Cheryl Dionne, Jack Shipley, David Burke and Dennis
Smith. Board member Andrew Patterson was absent.
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posted October 8, 2004
September 21,
2004
Planning Board Meeting
By Rachel Schumacher
Solid Waste Facility
The South Berwick
Planning Board is considering changing the zoning ordinance to prohibit
a solid waste facility from coming to town. In the last year, the council
was informed that Barletta Corp. had inquired about building such a facility
in South Berwick's industrial zone.
Planning Board Chairman David
Burke told the board at the Sept. 21 meeting that he recently received
a letter from the South Berwick Town Council regarding a solid waste facility.
Burke told the board that the
council wants the planning board to come up with a recommendation, either
through an ordinance or through land use tables, on how to discourage
such a facility from coming to South Berwick.
He asked board members if they
would like to respond to that, or discuss the topic further at a future
meeting.
Smith and Delp suggested they
look for an ordinance that would make it a "prohibited use."
According to Suzanne Roberge,
who was at the meeting, the council never saw any information on a solid
waste facility when it was brought to the council's attention nine months
ago. Although there wasn't an official application, the council took it
upon themselves to adopt a six-month moratorium on allowing a facility
of this kind. Once the six months had passed, the council extended the
moratorium and requested some decisive action be taken.
Board member Allan Breed said
he didn't think that was a good way to do business. "At least get
the pros and cons," before you make a decision.
Smith suggested the town contact
Southern Maine Regional Planning Commission for advice on the pros and
cons of a waste energy facility.
The board agreed to respond
to the council's request by asking the council to recommend that the planning
board amend the ordinance "so as to deter any such facility."
Lassel Architects New Office Building Approved
Also at the Sept. 21
meeting, the board approved a request from Mike and Rena Lassel to relocate
their architecture business, Lassel Architects, to property they bought
at 368 Main Street.
The Planning Board held a public
hearing Sept. 21 on a Change of Use application for the Lassels (MSP 04-03).
Mr. Lassel gave a short presentation
to the board outlining his need to expand and explaining the redesign
of the existing structure on Main Street.
Abutter Suzanne Roberge said
she was "thrilled by the development," but she was concerned
with the on-street parking, in particular a parking spot near the corner
of Lower Main Street and Route 236.
The board and Lassel agreed
to have the Maine Department of Transportation put up a sign saying "No
parking here to corner."
Board member Jack Shipley wondered
if the design could be more "compatible" with the neighborhood,
pointing out Lassel intended to use awning windows instead of double hung.
"Compatible - as defined
by who?" asked Chairman David Burke.
Board member Dennis Smith backed
Shipley, reading an excerpt from the town zoning ordinance regarding "fabric
of the neighborhood."
Lassel countered that it's
not just about windows and siding, but it's the "massing of the building
relative to the area."
"This is what I think
will be a fine building. If this doesn't appeal to the board, I can just
walk out," Lassel said.
Smith said he was concerned
about the mass of the building and thought it looked a little big from
the left side to the right side. He also said he wanted the roof lines
low.
Lassel defended the design
and explained how "the larger building mass connects the buildings
and the step unfolds behind it." Regarding the roof lines, he said
it will be a two-story structure, as it is now. He also told the board
that they will keep the existing tree.
Burke, observing the concerns
of some board members over the building's design and the amount of time
debating it, asked, "Is it an outrageous look?"
The board acknowledged that
it was not "outrageous" and put the design debate to rest.
However, Planning Coordinator
Kathy Delp did point out that, "Any additional change to an approved
change of use has to go before the board."
The board continued to debate
whether or not six parking spots at the site was adequate. The zoning
ordinance would require eight, but Lassel said he planned to use the on-street
parking in front of the property to accommodate that requirement. He also
suggested he talk with the First Baptist Church across the street to see
if they would allow Lassel Architects to park there if necessary.
Smith felt that no more than
four employees could park on site. Most of the board did not agree with
him on that.
Board member Cheryl Dionne
opposed the use of on-street parking for Lassel's employees because she
was concerned that other businesses would do the same and there wouldn't
be any parking spots left.
The board finally approved
the application 4 to 1, with Dionne voting against it.
Election of Officers
Planning Board officers
were nominated and elected at the Sept. 21 meeting as well. They are:
David Burke, Chairman; Jack Shipley, Vice Chair; Dennis Smith, Secretary.
Planning Board members
in attendance were Allan Breed, Cheryl Dionne, Jack Shipley, David Burke,
and Dennis Smith. Andrew Patterson was not present.
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posted October 20, 2004
October 5, 2004
Planning Board Meeting
By Rachel Schumacher
Sunoco Station to Add Convenience Store
The
South Berwick Planning Board this month reviewed an application from the
owner of the Sunoco station at 170 Main Street, who wants to add a convenience
store at that location. (MSP 04-04).
Board member Dennis Smith commended
gas station owner Ron Roberge for a "much more appealing submission"
than what he submitted previously.
Smith asked if Roberge would
consider installing a different style canopy over the gas pumps instead
of the flat roofed type there now. Smith said he'd like to see a gabled
roof with a colonial look so it blends in better with the building. He
added that it will be a focal point coming in to the community.
Roberge said the gabled roof
is a problem when it rains. He pointed out problems with Portland Street
Mobil's gabled canopy.
Smith suggested a gabled design
with a false front that would help funnel the rain down.
Chairman David Burke noted
that Roberge may need to do another traffic study, since the study done
in July did not take into account traffic from Central School across the
street.
Roberge was not happy to hear
that he may need to do another study.
Board member Jack Shipley pointed
out that the area is already a problem for traffic, with Academy Street,
Dunkin Donuts and Route 236 "and then when you add the school component
-- that's a different situation."
Smith, who acknowledged the
traffic study was a bit over his head to analyze, suggested the board
meet with the person who did the study "to see what he says in regard
to the school traffic." Smith said he thought t |