South Berwick, ME - Planning Board Minutes 03-18-2008

SOUTH BERWICK PLANNING BOARD

REGULAR MEETING MINUTES

Cheryl Dionne (Acting Chairman), Richard Clough (Secretary), Mimi Demers, Brad Christo (Vice Chairman), Bruce Whitney and Jim Fisk (Planner).

Susie Scott was taking minutes.

Cassette recorder malfunctioned and the meeting was not taped.

Acting Chairman Dionne called the Planning Board meeting to order at 7:03 PM.

MINUTES APPROVAL

- Bob Burnham requested to reserve time to speak to the following project:

MSP#07-05; H. L. Patten, Map 1 Lot 33 – Industry Facilities.

1. Memo: Joe Rousselle, CEO to Planning Board re: Local smoke pollution, dated February 26, 2008.

Mr. Clough discussed that this item was not agendized for discussion or for action.

Mr. Christo recommended a letter be written to Joe Rousselle, CEO.

Mr. Whitney recommended that as a courtesy, the Planning Board should respond to the letter stating that the Board is not the right body to review this matter as there currently is no smoke related ordinance.

Ms. Demers discussed the town of Orono and how their ordinance does address smoke control.

Acting Chairman Dionne will draft a letter to Mr. Rousselle.

2. Training Seminar: Coastal Community Planning and Development Training – March 26 & 27, 2008.

3. Robert’s Rules of Order - Ms. Scott distributed copies to the Planning Board of the following documents:

· Robert’s Rules of Order: Parliamentary Procedure & Some Basics originally distributed 8/21/07.

· Robert’s Rules of Order: Quick Reference dated 8/13/07.

1. Conservation Commission: Proposed South Berwick Open Space Plan and Open Space Account.

- Cover Letter & Open Space Plan: Pat Robinson, Conservation Commission, dated February 11, 2008.

Pat Robinson, Conservation Commission discussed the open space plan draft that was submitted to the Planning Board last June. The draft includes a recommendation to consider impact fees for conservation. Ms. Robinson stated that with the help of Roger Cole, Mt. A to the Sea and the Kittery Open Space group, the Conservation Commission completed what was requested of them. The Conservation Commission has approved the plan, and now requests the Planning Board review the plan, provide appropriate feedback and forward it to the Town Council for approval.

Mr. Clough requested clarification for why the cover letter was dated February 11, 2008 when the Conservation Commission did not vote on this plan until February 20, 2008. Mr. Clough requested meeting minutes from that meeting.

Ms. Robinson responded that the Conservation Commission is not requesting approval of the plan that very night. Minutes to the February 20, 2008 meeting will be approved at the next Commission meeting on March 19, 2008 after which time they will be available for the Planning Board.

Mr. Clough stated that this may not be the time to submit a plan with proposed impact fees to the Town Council due to budget crises.

Ms. Robinson stated that the Commission is only asking for Open Space plan be approved with or without the proposed impact fees. Impact fees would apply to upcoming developments. Ms. Robinson stated she had a meeting with the Town Council and the Town Manager to discuss having impact fees for conservation lands.

Mr. Christo stated that the Planning Board previously recommended the Town Council consider adopting impact fees. The Conservation Commission was asked to develop an open space account. In response to their submittal, Mr. Christo requested clarification for the following:

· Would like the plan to confirm that if an applicant set lands aside for conservation, they would not be charged an impact fee for either open space or recreation.

· Would like the plan to clarify the nomination procedure: How does this procedure commence.

- Ms. Robinson stated that the Commission intends to work with willing land owners so the process could evolve in any way.

· Would like the plan to reflect the new updated Comprehensive Plan that has been accepted by the State. Revise goals. Deletion of identical goals.

· Identify time period for which impact fees have to be spent.

Mr. Clough discussed penalties and back taxes for tree growth, and how these monies should go to offset taxation.

Ms. Robinson responded that the Planning Board can recommend the plan without that very taxation note.

Ms. Demers questioned trails being designated for non-motorized use only, as well as linking of open space. She inquired if the Commission had considered contiguous lands for trails, and recommended revising the plan to be more consistent with both recreation and open space as well as clearly separating and identifying recreational versus open space accounts.

Ms. Robinson stated that the Commission has not discussed the issue of motorized use on the trails. The plan could be changed to include possible ATV use on approved trails and with specific criteria.

Mr. Clough inquired if the Conservation Commission had a quorum at their February 20, 2008 meeting.

Ms. Robinson responded, yes.

Motion by Mr. Whitney, second by Mr. Christo to further discuss a revised Open Space plan at the April 15, 2008 Planning Board meeting, passed unanimously.

Ms. Robinson will provide an updated and corrected plan with approved meeting minutes for Planning Board review.

2. MSP#07-05; H. L. Patten, Map 1 Lot 33 – Industry Facilities.

- Letter: Thomas Harmon to Mr. Fisk re: Patten Route 236, dated March 11, 2008.

- Memo: Joe Rousselle, CEO to Planning Board re: Howard Patten property, dated February 12, 2008.

Mr. Harmon presented plans that were originally submitted 8 months ago. There was discussion of a shared entrance. Mr. Patten has been prepared to move forward on this project. The CEO has confirmed adequate frontage for a roadway, and now they request site plan approval for this project. The Planning Board has previously conducted both a site walk visit and a public hearing for this project.

Jim Fisk recounted staff notes for which access alternatives were discussed. The applicant has resubmitted the original plan for a driveway instead of a road or subdivision. The pending question that had the project on hold temporarily was whether the property had access and frontage on Route 236. Mr. Fisk read the memo of Joe Rousselle confirming frontage and access to the site per historical conditions.

Mr. Christo discussed his concern of having lighting that would be visible to residents on Oldfields Road. He noted that it was unfortunate that a driveway was proposed instead of a roadway.

Mr. Harmon stated that a roadway could be constructed in the future, and that the lighting will be shielded up toward the building due to the inability to have lighting that would shine down on Route 236.

Mr. Clough confirmed that an access road was still an option for the future, and that public sewer issues were addressed by the sewage system.

Motion by Mr. Clough, second by Mr. Whitney to accept the site plan as submitted in order to move forward, passed unanimously.

Acting Chairman Dionne asked if Bob Burnham had any questions as he reserved time to speak on this project. Mr. Burnham confirmed he had no questions.

3. MSP#06-10; 7-Unit Condominium, Mike Hill (Gray Ghost, LLC), Map 20 Lot 17 – Request for Permit Extension.

- Letter: Michael Hill, agent for Gray Ghost, LLC, dated January 30, 2008.

- Letter: Larry Gardner, member of Gray Ghost, LLC, dated January 30, 2008.

The Planning Board discussed the request for extension, and confirmed that there was no written rule for the applicant to be present at such a request.

Motion by Mr. Clough, second by Mr. Whitney to grant a 1-year extension to MSP#06-10, passed unanimously.

Mr. Fisk confirmed there have been no changes to the current application.

4. MJS#07-01; Witchtrot Hills, Jean LeClerc, Map 8 Lot 4A – Revised phasing plan.

- Letter & Plans: Nathan Allison to Mr. Fisk re: Witchtrot Hills Subdivision – Subdivision Application Phasing, dated March 13, 2008.

Mr. Whitney is recused from this agenda item.

Joanne Fryer, CLD Engineering presented a new application on behalf of her client, Jean LeClerc. This project received preliminary plan approval in December, 2007. She is currently requesting Final Plan approval for a Phase I subdivision. The first phase would consist of the creation of 2 smaller lots plus a third lot consisting of the remaining land. This would assist the applicant financially, and enable him to build the necessary infrastructure. Per the DEP, any lot disturbance would fall below the threshold. Any further improvements would have to be approved by the DEP. The plan consists of 15 residential house lots with 3 lots dedicated for conservation lands. The addition of Phase I has been noted on the subdivision plan cover sheet with the Phase II subdivision of lots.

Mr. Christo requested clarification of the future roadway, Marden’s Way. He stated his concern of granting phasing approval of this subdivision plan prior to final plan approval.

Mr. Clough stated that subdivision phasing allows approval at final plan submission.

Ms. Demers clarified that the applicant was requesting approval of a 3-lot subdivision, and frontage being an issue.

Ms. Fryer responded that in order for the third lot to be buildable, they need to create frontage.

Mr. Clough discussed how although the large third lot needs frontage, there will not necessarily have a road built there. Under the ordinance, frontage is required.

Ms. Fryer discussed the DEP Stormwater and Wetland crossing applications for which they received preliminary approval last December. She stated that it takes time to develop the DEP application because the size of application is large. Ms. Fryer stated that Phase I of the project does not require any permits.

The Planning Board discussed the need for final approval of the subdivision prior to the phasing of the plan.

Jim Fisk discussed Note #27: Assurances within timeline.

Acting Chairman Dionne stated that the Planning Board will need to approve the final plan prior to the phasing of the project.

Mr. Christo requested Mr. Fisk to clarify the plan approval statement.

Mr. Fisk stated that yes, the final plan approval had to be granted prior to phasing.

Ms. Fryer requested to amend her original request for final approval of the subdivision plan.

The Planning Board discussed granting final approval of the subdivision plan. The Board agreed to adhere to the approval process with Public Hearing for Final Plan approval.

Mr. Fisk stated that the Findings of Fact are well constructed at this time.

Mr. Clough voiced concern on not acting on this application if no new information was needed or was to be presented. He stated that the applicant has shown good faith.

The following Conditions are to be added to the Final Subdivision Plan:

1. A public hearing will be conducted prior to Phase II approval.

2. All permits to be granted by the DEP.

3. Ability for the Planning Board to revisit Conditions at Phase II.

Motion by Mr. Clough to approve Final Plan with noted conditions and with additional conditions. Motion failed without a second. The Planning Board discussed reasoning for not approving the Final Plan.

Mr. Christo stated that because of procedural issues in relation to the Subdivision Chapter 1, he could not approve the plan as final. He would like all conditions be noted on one sheet.

Acting Chairman Dionne agreed with Mr. Christo noting the Board should try to follow proper procedure, and have all the conditions prepared and presented to the Board as written by the Town Planner, Mr. Fisk.

Ms. Fryer will submit a new letter requesting the following: Approval of the Final Subdivision Plan with conditions as stated and Approval of Subdivision Phasing. Each of these items will be voted on separately by the Planning Board. It should be noted on the revised Conditions, that the Conditions of the Final Subdivision Plan are subject to be changed.

Mr. Clough discussed email correspondence between Board members. He stated that the Administrative Code applies to all town Boards and Committees. When Town accepts its own set of rules, those rules now supersede other rules. Mr. Clough stated that it was good practice to always vote on an item unless there is an obvious conflict of interest. He noted that it was important to go by the Administrative Code, and that it should be inserted into the Planning Board bylaws. Mr. Clough noted that he will drop off his Boardmanship notes for the April 1, 2008 meeting.

Acting Chairman Dionne stated that she sent a package to Dennis’ family with products from local businesses including donated hats from Jen Houghton, The Little Hat Company.

Dates & Times for Upcoming Meetings:

4/01/08 – 7:00 PM Planning Board Regular Meeting

4/15/08 – 7:00 PM Planning Board Regular Meeting

Motion by Mr. Whitney, second by Mr. Clough to adjourn the meeting. The meeting was adjourned without objection at 8:33 PM.

ATTESTED: ______________________

Assistant to the Director of Planning & Economic Development