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Planning Board Minutes 01/20/2009

January 20, 2009
7:00 PM


Present: Cheryl Dionne (Chairman), Richard Clough, John Stirling, Mimi Demers, Brad Christo, Bill Straub and Jim Fisk (Planner).

Not Present: Bruce Whitney.

Susie Scott was taking minutes.


Chairman Dionne called the Planning Board meeting to order at 7:00 PM.


January 6, 2009 - Regular Meeting: Motion by Mr. Christo, second by Mrs. Demers to accept minutes as amended, passed unanimously with Mr. Clough in abstention.

Wendy Pirsig, Wadleigh Lane reserved time to speak on the BR Zone.
Chairman Dionne referenced an email from Brad Christo to be discussed under Old Business.

1. Proposed BR (Business Residential) Review. Memo from Jim Fisk dated 1/15/09.

The following stricken text will be removed from the ordinance and new language added as referenced in bold italics.

Land Use District Requirements
Section. 140-15. Purpose. (Add BR Title, Definition and Purpose)
M. Business Residential District - BR.
(1) To maintain the streetscape of the gateway of the town while allowing for professional and small business development.
(2) To provide an area with high visibility for mixed-use, including residential and commercial uses such as other low-impact business enterprises.
(3) To ensure that the "gateways" to the town allow for business enterprises while keeping with the residential, architectural and historical character of the area.
(4) To preserve the existing residential streetscape while encouraging limited business uses in presently established buildings.

Performance Standards Applicable to All Uses
Section. 140-24. Off-Street Parking and Loading (nonresidential).
C. Within all districts with the exception of the Industrial District and Business Residential District, parking is required to be located to the side or rear of the building. Parking may be placed in the front of the building if such placement will create a better traffic flow, will not detract from the neighborhood environment, or due to topography and other site considerations parking can not be reasonably placed to the side or rear of the building. In no case shall the parking and drives cover more than thirty (30%) of the front yard.
D. In the Business Residential District no new parking shall be allowed within the front yard.

Construction of Language and Definitions
Section. 140-9. Definitions. (Include and modify specific definitions, i.e. "Inns and Neighborhood Convenient Store")

"INN: A single building containing fewer than 20 sleeping rooms and built or converted to accommodate for a fee travelers who are staying for a limited duration. An inn may provide dining services to its guests and may host special functions, such as weddings, but does not include a restaurant to serve the public at-large, unless restaurants (eating places) are otherwise allowed in the district."

"HOTEL: A building containing guest rooms kept, used, maintained or held out to the public as a place where lodging and/or meals are provided. "Hotel" shall include motel, guest houses, inns, tourist courts, cabins and motor lodges. The hotel may contain such accessory services and facilities for the benefit of its guests and only incidentally for the general public as newsstands, personal grooming facilities and restaurants."

Section. 140-56. Hotels/motels and inns.
For traffic safety and immediately adjoining each motel, hotel or inn and to assure health, safety and welfare of occupants and of the neighborhood generally, the following land, space, building, traffic, utility and service design requirements shall be complied with. For the purposes of this section, the terms "hotel", "motel" and "inn" are used interchangeably.

TABLE A-Land Use. [Modify "Restaurant (2)]

Section. 140-46. Two-Family and multifamily dwellings. (Add a BR column to the B1 column)

TABLE B-Dimensional Requirements. (Planning Board continued discussion about requirements)

Section. 140-11. Official Zoning Map.
Mr. Fisk informed the Planning Board that Tax Map #27 has a noted but undefined ROW that currently runs through and is owned by lot 77. There is no frontage located on Central Street. The tax map illustrates the historical alignment of said ROW.

The Planning Board requested Mr. Fisk conduct further research and email information regarding comparables for towns like and including Camden, Yarmouth and Freeport.

Wendy Pirsig, Wadleigh Lane, discussed issues of parking if a house were to be demolished.

Mr. Fisk discussed the issues of Spot Zoning and the taking of private property. He stated that the language is clear when a single lot is identified. The town of York does not prohibit parking in the front of buildings. The Planning Board can absolutely dictate where proposed parking could go.

- none.
- none.
- none.

Dates & Times for Upcoming Meetings:
02/03/09 - 7:00 PM Planning Board Regular Meeting. (Schedule workshop at this mtg.)
02/17/09 - 7:00 PM Planning Board Regular Meeting.
03/03/09 - 7:00 PM Planning Board Regular Meeting.

Motion by Mr. Clough, second by Mr. Christo to adjourn the meeting. The meeting was adjourned without objection at 9:32PM.

ATTESTED: Susie Scott
Susie Scott,
Assistant to the Director of Planning & Economic Development