SOUTH BERWICK PLANNING BOARD
MEETING MINUTES
December 4, 2007
7:00 PM
Public Hearing – 7:00 PM
MSP#07-08, Rachel Martin & D. Bessette, Map 28, Lot 168 – Change of Use: Yoga Studio.
Regular Meeting
To follow Public Hearing
ROLL CALL
Dennis Smith (Chairman), Cheryl Dionne, Brad Christo, Bruce Whitney, Matthew Kenney and Jim Fisk.
Absent: Richard Clough and vacant seat.
Susie Scott (Administrative Assistant) was taking minutes.
PUBLIC HEARING: 7:00 pm
MSP#07-08, Rachel Martin & D. Bessette, Map 28, Lot 168 – Change of Use: Yoga Studio.
Mrs. Martin and Denise Bessette presented their application for a yoga studio in the now vacant restaurant at 4 Portland Street. They will be the owners/tenants of the building. A revised Site Plan application was presented to the Board addressing the primary issue, adequate parking. The applicants stated that parking available at Gagnon Oil which will provide evening parking hours. Ms. Bessette has contacted abutters regarding parking. The applicants noted that the studio’s clients and employees will not be parking for more than an hour at a time. The applicants are requesting a waiver for parking.
Chairman Smith opened up the floor for any public comments in favor or against the proposal.
Mr. Martin noted the 2-on site parking spaces for which they ultimately lack 6 parking spots. They have made every effort to develop parking alternatives for their project.
David Burke, Knight’s Pond Road, stated his support for the application.
Jennifer Houghton, The Little Hat Company, stated that she thinks the yoga studio will bring business to the other local businesses, and noted that all feedback she has received from local residents with regard to the yoga studio has been positive.
Russell Tarason, stated his support for this application.
Vicki Stewart, Principal of the middle school stated her support for the application and interest in having her pupils attend yoga classes.
Chairman Smith closed the Public Hearing at 7:13 PM.
CALL TO ORDER
Chairman Smith called the regular Planning Board meeting to order at 7:20 PM after conducting the public hearing.
Bruce Whitney will be a voting member due to the absence of Richard Clough and the vacancy.
MINUTES APPROVAL
November 20, 2007 – Regular Meeting: Motion by Mr. Whitney, 2nd by Ms. Dionne to accept minutes, passed unanimous.
PUBLIC AUDIENCE
- Russell Tarason requested to reserve time to speak to the following project:
MSP#07-08, Rachel Martin & D. Bessette, Map 28, Lot 168 – Change of Use.
- Bob Eger, The Great Works Regional Land Trust requested time to speak to the following projects:
MJS#07-02, Tamarack Hills (Charlotte Wilkins), Map 14, Lot 28 – 6-Lot Subdivision.
MJS#07-01; Witchtrot Hills Estates (Jean LeClerc), Map 8 Lot 4A – Subdivision.
CORRESPONDENCE
Chairman Smith acknowledged the following correspondence and requested they be reviewed under “Old Business” for MSP#07-08:
1. Emails received.
2. Letter from the Town Manager.
OLD BUSINESS
1. MSP#07-08, Rachel Martin & D. Bessette, Map 28, Lot 168 – Change of Use: Vacant restaurant to yoga studio.
Mr.Whitney recused himself from deliberations. Chairman Smith stated that all 3 voting members have to vote the same way or the application fails.
Emails received:
- SmartGrowth: Chairman Smith read the email aloud in support of waiving the parking requirements in support of the application.
- Sammie Hayes McCarthy: Chairman Smith read the email aloud in support of waiving the parking requirements in support of the application.
- Sarah Boyle: Chairman Smith read the email aloud in support of waiving the parking requirements in support of the application.
- Christine Woods: Chairman Smith read the email aloud in support of waiving the parking requirements in support of the application.
Letter received:
-Letter from Jeff Grossman, Town Manager.
Mr. Christo inquired to the history of the parking requirements for 4 Portland Street and discussed the problematic zoning ordinance.
Chairman Smith inquired if the applicant would be willing to pay a fee in lieu if in 6 months the Town were to adopt a specified fee in lieu of parking. This fee would have to be approved by the Town Council within 6 months. Applicant responded, yes.
Mr. Christo stated he would like to waive the parking requirements.
Chairman Smith stated that he is uncomfortable by setting a precedent by waiving this requirement.
Ms. Dionne stated that as much as she supports this application, she is concerned about setting a precedent by waiving this requirement.
Jim Fisk stated the under Criteria and Standards the Planning Board may waive criteria under Site Plan review.
Mr. Martin noted the concern in setting the precedent of denying an application based on parking criteria.
Chairman Smith inquired if the applicant in good faith would pay for parking fees. The applicant responded, yes.
Motion by Chairman Smith, 2nd by Mr. Christo to waive parking requirements, passed unanimous.
Motion by Mr. Christo, 2nd by Ms. Dionne to accept the application as proposed with conditions, passed unanimous.
Conditions:
1. Letter from Gagnon Oil regarding parking availability at Gagnon Oil for 6 parking spots.
2. Class times to be conducted as noted in application: 9:15am/12:45pm/5:00pm/6:00pm/7:15pm (Monday-Sunday).
3. Historic Preservation Certificate of Appropriateness.
4. Amended site plan for recording purposes prior to issuance of the Site Plan permit.
Chairman Smith identified the 30-day appeal period from date of approval.
2. MJS#07-02, Tamarack Hills (Charlotte Wilkins), Map 14, Lot 28 – 6-Lot Subdivision: Continued.
Mr. Fisk noted that all Mylar changes are noted in the cover letter. The Public Works Director has approved the cost estimates and erosion and control measures which is the basis for the Irrevocable Letter of Credit.
The Planning Board approved the Final Plan and signed the Mylar.
3. MJS#07-01; Witchtrot Hills Estates (Jean LeClerc), Map 8 [Marker]Lot 4A – Subdivision: Continued.
Mr. Whitney is recused from deliberations.
In attendance: Joanne Fryer and Nate Allison, CLD Engineers, and Jean LeClerc and John Marden.
Joanne Fryer, CLD, presented the revised application. Minor changes to layout are noted in the narrative provided. Ms. Fryer requested the following waivers:
1. HISS Report for entire property site: Motion by Mr. Christo, 2nd by Ms. Dionne to waive requirement/section 121.31 K(1), passed unanimous.
2. Sidewalks to include single sidewalks for residences: Motion by Ms. Dionne, 2nd by Chairman Smith to waive requirement/section 121.44 I, passed unanimous.
3. Curbing: Motion by Mr. Christo, 2nd by Ms. Dionne to waive requirement/section 121.31 Q (3), passed unanimous.
- Chairman Smith requested the addition of the amended note to include granite curbed sidewalks.
- Chairman Smith requested the addition of General Notes #11 for granite curbing: “as approved by the Planning Board.”
4. Technical Consultant: Motion by Ms. Dionne, 2nd by Mr. Christo to waive requirement/section 121.31M, passed unanimous.
Ms. Fryer requested the Planning Board approve the preliminary plan submission. The Planner noted that a complete and thorough application with all fees had been submitted.
Comments:
- Mr. Christo discussed Plan Statement #27: “Design and completion of road through Tax Map 7, Lot 28”. Chairman Smith responded that the comment was finalized with both the Planner and Chairman, himself.
- Adjacent property owner, John Marden stated that they have moved forward with the planning process on his property. He stated that the vernal pool studies have been completed.
- The Planner, Jim Fisk stated that the CEO has approved all road names.
Motion by Ms. Dionne, 2nd by Mr. Christo to accept preliminary plan for Witchtrot Hills Subdivision, passed unanimous.
Ms. Fryer confirmed that the next step would be a Final Plan submission with the Deeds.
NEW BUSINESS
- none.
ORDINANCE UPDATES
- none.
MEMBER COMMENTS
Chairman Smith noted that he would not be in attendance for the next meeting, December 18, 2007. The Planning Board agreed to cancel the meeting and reschedule the January, 2008 meetings as noted below.
OTHER
1. Letter of Resignation from David Burke to Planning Board: Dated November 14, 2007. Letter received by the Planning Board.
Dates & Times for Upcoming Meetings:
12/17/07 – 7:00 PM Council Public Informational Meeting – Comprehensive Plan Update
1/8/08 – 7:00 PM Planning Board Meeting
1/22/08 – 7:00 PM Planning Board Meeting
Motion by Mr. Whitney, 2nd by Mr. Christo to adjourn. Meeting adjourned without objection at 9:06 PM.
ATTESTED: ______________________
Susie Scott,
Assistant to the Director of Planning & Economic Development
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