SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
November 28, 2006
7:00 PM
ROLL CALL
Dennis Smith (Chairman), Cheryl Dionne, David Burke, Brad Christo, Bruce Whitney (Alternate), and Jim Fisk (Town Planner).
CALL TO ORDER
Chairman Smith called the Planning Board Meeting to order at 7:47 PM.
MINUTES APPROVAL
November 14th, 2006 – Public Hearing RE: Contract Zoning – Pending.
November 14th, 2006 – Regular Meeting – Pending.
PUBLIC AUDIENCE
Chairman Smith opened the floor for any public comments or questions.
- Cliff Cleary, Spillanes Hill, noted that Main Street is within the B1 zone.
- John Kareckas, 15 Parent Street, discussed the role of Public Hearings and the Town Council, zoning ordinance changes, creation of an ad-hoc committee, school funding formula, and requested an update regarding Design Review.
Chairman Smith responded by stating that the Board tabled the issue along with the BT Zone review until the Comprehensive Plan update is complete.
- Richard Clough, 73 Academy Street, encouraged the Board proceed with review of zoning ordinance and act proactively toward possible business opportunities.
CORRESPONDENCE
1. Memo from J. Grossman to D. Smith – Re: Economic Development Section of the Comprehensive Plan. Chairman Smith noted a clerical error and that this item should not be an agenda item.
2. Letter from Jen Houghton – re: Margaux restaurant. Chairman Smith noted the letter was previously read during the Public Hearing.
3. Letter from Lisa and John Flynn – re: Margaux restaurant. Chairman noted the letter was previously read during the Public Hearing.
4. Letter from Brad Christo – re: Metaphorical Horse and Cart. Mr. Christo read his letter aloud regarding the relationship between the Comprehensive Plan and the zoning ordinances.
5. Letter from Larry Fogarty – re: Parking on Main Street.
6. Letter from Dennis Fontaine, Economic Development Committee Chairman – re: Margaux. Chairman Smith noted the letter was previously read during the Public Hearing.
7. Letter from applicants Christine Prunier and Linda Robinson – re: MSP “Margaux” restaurant.
OLD BUSINESS
Chairman Smith changed the order of Old Business items to the following:
1. MSP #06-11: Christine J. Prunier & Linda Robinson, Map 31 Lot 55 – Major Site Plan, Restaurant, “Margaux”. Chairman Smith recused himself from voting on this application, and opened up discussion to member questions.
Mr. Burke questioned whether there were other concerns with this application other than parking issues, and also asked John Rudolph, Oldfields Road, if he considered parking an issue.
Mr. Rudolph responded stating that he did not think parking was an issue day or night.
Mr. Fisk confirmed that the garbage would be stored in the garage until disposed of at the transfer station. Ms. Prunier agreed.
Chairman Smith noted that the Planning Board can waive the parking spaces and approve the application or deny the application.
The Planning Board accepted a contribution by the applicant for fees in lieu of waiving parking requirements for a major site review. The board accepted an amended payment of two hundred dollars (200.00) per year per parking space for two (2) years as the ordinance permits. Date of parking payment will be the anniversary from 30 days from this date.
Mr. Fisk confirmed this fee would be consistent with the Town ordinance and that there were provisions for Financial Guarantees.
Mr. Christo stated that he felt that there was limited discussion about ascertaining the fee amount.
Public comments included:
- Richard Clough, stated he supported the theory of fee in lieu of parking but questioned the logic.
- John Kareckas, discussed issues of waiving parking and bonds.
- John Rudolph, stated that he was encouraged by the way the Planning Board thoughtfully reviewed applications.
- Christine Roberge, questioned if the fee affected her.
- Cliff Cleary, 10 Spillanes Road, stated he did not want to see a fee attached.
- Paul Schumacher, 179 Belle Marsh Road, stated that the theory was good but indicated the need to reference the ordinance.
New motion by Mr. Burke, 2nd by Mr. Whitney to approve the application with Conditions, passed with 3 members in favor, 1 against and 1 in abstention.
Motion by Mr. Burke, 2nd by Ms. Dionne to accept the following Conditions of Approval including: parking, trash, time of use, vent location and Sewer District letter, passed with 4 members in favor and Chairman Smith in abstention.
Mr. Fisk to prepare Fact of Finding and Letter of Approval with Conditions reports and send to applicant.
Chairman Smith identified the 30-day appeal period from this date of approval.
2. Contract Zoning; Public Hearing review and discussion. Chairman Smith opened the discussion by questioning how the Board wants to proceed in either recommending or not recommending this proposal to the Town Council.
Chairman Smith noted the main concerns of the public from the Public Hearing on Contract Zoning as follows:
1. Creeping Zoning – An example of this would be if one type of use is permitted, will this lead to more of the same as a precedent has been set.
2. Why and if this is illegal in other states, why is it legal in Maine.
3. Is the proposed ordinance too broad?
4. If retail is allowed once, will this increase additional retail uses?
5. Is this ordinance in compliance with the current and proposed Comprehensive Plan?
6. Will the Planning Board be in conflict with the Council over the approval process? Explanation of the actual step by step approval process needed.
7. How does this pertain to prohibited uses and Table A in the Zoning Ordinance?
8. Language construction of section 140-10.
The Planning Board discussed their main concerns as follows:
1. Will there be a Fee schedule in the ordinance and how will it be adjusted (i.e. what is the process?)
2. Is there any appeals process other than court?
3. Under “D” Hearing and Notice, should there be certified mailings? Should all properties within 250 feet of subject property be notified or should this be increased? Should everyone within a particular zone be notified?
4. Should the ordinance have a sunset provision?
5. Should the ordinance be limited to just some of the existing zones?
6. What is the time line for in house review? Should this be made part of the ordinance?
7. Does the wording in 140-78 2 “not limited to” violate state statute?
8. The Planning Board recommends a legal review of the draft ordinance before it goes to Public Hearing.
9. Would the Council consider an information night before scheduling a Public Hearing?
10. In the verbiage in the ordinance, the Planning Board only makes a recommendation to the Council. Should the ordinance indicate the Planning Board’s decision must be in the affirmative before the Council can vote in the affirmative?
11. Should the Economic Development Committee be involved in the process?
Motion by Mr. Burke, 2nd by Ms. Dionne to encourage the Town Council to continue with Contract Zoning, passed unanimous.
NEW BUSINESS
- None.
ORDINANCE UPDATES
1. Impact Fees: Email from Paul Schumacher, SMRPC including draft impact fee ordinance. Chairman Smith requested Mr. Schumacher provide a completed package with applicable fees for open space and recreation prior to making a Council recommendation. Chairman Smith requested Mr. Schumacher further study the Town’s needs for recreational areas and the state minimum requirements as well as identify conservation lands with a number derived without pulling lands out. Mr. Schumacher will present complete package at the second meeting in January, 2007.
Mr. Fisk is to forward Chairman Smith’s email to Mr. Schumacher.
MEMBER COMMENTS
Cheryl Dionne questioned Mr. Fisk about the status of the Comprehensive Plan.
Mr. Fisk responded the draft and Consistency Letter are currently being reviewed and revised.
OTHER
Dates & Times for Upcoming Meetings:
12/12/06 – 7:00 PM Planning Board Regular Meeting: The only December meeting scheduled
12/18/06 – 6:30 PM Comprehensive Plan Update Committee Meeting
01/02/07 – 7:00 PM Planning Board Regular Meeting: First meeting of 2007!
Meeting adjourned at 10:10 PM.
ATTESTED: ______________________
Susie Scott,
Assistant to the Director of Planning & Economic Development
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