SOUTH BERWICK PLANNING BOARD REGULAR MEETING DECEMBER 9, 2004 7:00 P.M. ROLL CALL: Allan Breed, Jack Shipley, Dennis Smith, Cheryl Dionne, Kathy Delp (Planning Board Coordinator) CALL TO ORDER: Mr. Shipley called the meeting to order at 7:05 p.m. MINUTES APPROVAL: October 19, 2004 MOTION Mr. Smith motioned to accept the minutes of the previous meeting as written. Mr. Breed seconded the motion.  Motion unanimously PASSED. NOTE: Tom Harmon is moved from last on the agenda to first because of scheduling conflicts. PUBLIC AUDIENCE: Mr. Cleary asked the board to explain why the Sunoco Station application is classified as a change of use.  Mrs. Delp stated it is because they are now looking to open a convenience store as well as sell gasoline.   CORRESPONDENCE: None OTHER: Mr. Harmon asks the board to resign the mylars for Meadow Pond Estates Subdivision because the delay in the State approving the Articles of Incorporation for the Homeowners Association.   DISCUSSION: Mr. Harmon speaks to the board about the site walk at the Green’s property.  The property owners agree with the 100 foot setback for the homes, however they do not agree with the shared driveway idea.   MOTION Mr. Smith motioned to have a workshop at 6:30 pm before the next regular scheduled meeting on December 21, 2004.  Mr. Breed seconded the motion.  Motion unanimously PASSED. NEW BUSINESS: MSP 04-07 Brian McNulty, 233 Main Street, Map 28 Lot 6.  Change of use to a portion of an existing business.  Mr. McNulty explains to the board the existing restaurant will be split, leaving half for the restaurant and the other half for a new real estate office.  The real estate office will have two offices and a conference room.  They are creating parking behind the building.  Only five parking spots are required for the business and the apartments.  Nothing will change with the apartments on the second floor.  Any signs for the business will go through the Code Enforcement Office and the Historical Commission.  The board agrees there isn’t a need for a public hearing for this application. MOTION Mr. Breed motioned to accept the Draft Findings of Fact.  Mr. Smith seconded the motion.  Motion unanimously PASSED. (attachment A) MOTION Mr. Breed motioned to accept the Conclusion as read.  Mrs. Dionne seconded the motion.  Motion unanimously PASSED. (attachment A) MOTION Mr. Breed motioned to accept the Decision as read.  Mrs. Dionne seconded the motion.  Motion unanimously PASSED. (attachment A) OLD BUSINESS: MSP 04-04 Sunoco Station Change of Use, Map 28, Lot 171.  Bill Gallott explains to the board the new results of the updated traffic study.  The counts were lower during the school year in comparison to the counts during the summer.  There was a long discussion on the impacts of the traffic and the flow of it with the entrance and exit of the property.  All signage will have to go through the Code Enforcement Office.  The phone booth will be removed from the property.  The existing fence will remain.   MOTION Mr. Smith motioned to have a Public Hearing on December 21, 2004.  Mr. Breed seconded the motion.  Motion unanimously PASSED. OTHER:  Mr. Shipley gives the board an update on the Comprehensive Plan Committee.  December 14, 2004 is the final check of the draft plan.  It will now go to the State for review and a copy will be sent to the Town Council.   ADJOURNMENT: Mr. Smith motioned to adjourn.  Mr. Breed seconded the motion. Motion unanimously PASSED.