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Planning Board Minutes 03/02/2010

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
March 2, 2010

ROLL CALL
Present: Cheryl Dionne, Richard Clough, John Stirling, Mimi Demers, Bill Straub and Jim Fisk, Town Planner.

Not Present: Joel Moulton, alternate.

Susie Scott, Assistant to the Town Planner, was taking minutes.

CALL TO ORDER
Chair Dionne called the Planning Board meeting to order at 7:03 PM.

MINUTES APPROVAL
February 2, 2010 – Planning Board Regular Meeting: Motion by Mr. Clough, second by Mr. Straub to approve meeting minutes as amended, passed unanimously.

February 11, 2010 – Planning Board Executive Session: Motion by Mr. Clough, second by Mrs. Demers to approve meeting minutes, passed unanimously.

PUBLIC AUDIENCE
The following members of the public audience reserved time to speak to the items noted:
- Michael Gallo, 8 Tara Lane – SP#10-02.
- Sue Roberge, 9 Berwick Road – MSP#09-02.

CORRESPONDENCE
Chairman Dionne noted all items were received and reviewed.
1. Notice of Town Council consideration of the Order of Discontinuance/Agreement Concerning Discontinuance of former portion of Route 91: Material mailed via USPS.
2. Letter from MeDEP dated 2/8/10 to Planning Board and CEO re: Consideration of ground water contamination risks during permitting process.
3. Tax Increment Financing (“TIF”): Workshop materials from 2/3/10.

OLD BUSINESS
1. MSP#09-02; Our Lady of Angels Parish (Greater Portland Diocese): Peer Review Status.

Jim Fisk, Town Planner, stated that lighting engineer, Larry Bartlett, was chosen to conduct a peer review study of the lighting, and was currently working on the report. Mr. Bartlett will conduct an on-site light metering on Monday, March 8th at 7:00pm, and has been in contact with the applicant’s engineer for site specific information. Mr. Bartlett should be able to make a presentation at the upcoming March 16th Planning Board meeting.

Sue Roberge, 9 Berwick Road and property abutter, discussed the first and second drafts of the RFP (Request for Proposal), and ongoing email discussion between the Town and its attorney. Ms. Roberge questioned if the Board was made aware of the email correspondence, and provided the Board with a packet of information. Information included the General Provisions in Zoning specific to peer review studies, and the email correspondence of Mr. Fisk, John B. Schempf the Town Manager and the Town attorney. Email from the attorney, Chris Vaniotis to the Town Manager discussed the need for all lighting/glare concerns to be addressed in a peer review study should one be required by the Board. Ms. Roberge was concerned the first paragraph of the RFP spoke solely to the lighting/glare from exiting cars from the ZBA decision, and hoped the study would include all lighting including the street light. She stated she received a phone call from Mr. Fisk regarding the RPF agreement and schedule. She was thankful for the information.

Mr. Straub noted that the proposal as provided by Larry Bartlett was for comprehensive review of all site lighting and glare, and not solely headlight glare. He stated that it was not unusual for the owner’s representative/engineer attend a peer review study to provide general facts and information specific to the site.

Ms. Roberge stated that both Mr. Emery and she have had to continue to fight to have their concerns heard, and she is still worried these issues are not being addressed.

The Board confirmed the proposal for the peer review study includes all lighting issues as specified in the 2/5/10 email from the Town attorney.

Mr. Fisk discussed the RFP contract with Larry Bartlett, and agreed to by the Town Manager. Services specified in the contract will be paid for by the applicant, Our Lady of Angels Parish Church. Mr. Fisk confirmed that Mr. Bartlett received all updated information including the new driveway location, and has been in contact with Ralph Sweet, the church lighting specialist for additional information. All lighting will be addressed including street pole location and soffit lighting.

Mr. Clough questioned who was paying the Town attorney fees.

Ms. Roberge urged those Board members who drive by the church site at night to pay close attention to how dark the sky is during this time. She stressed the importance of the Board reviewing this application with a night-sky friendly approach. As a point of fact, she noted the street light located at Willow Drive by the Lunch Box was the last one until the light located at Emery’s Bridge Road.

Chairman Dionne concluded that Larry Bartlett would present his findings at the next meeting for Board review.

NEW BUSINESS
1. SP#10-02; Richard & Catherine Stevens, Map 8 Lot 63 (R3 Zone) – Timber Harvest w/in RP Extension Request.
Mr. Fisk recommended the permit holders present their intention for the permit. Access over Town owned land needed to be further addressed. Mr. Fisk stated that Terry Oliver, Public Works Director, reviewed the materials and requested either a cash deposit or a line of credit to be used in the event of damage to Town property. Access to the site will cross town owned land and land owned by Mr. Gallo.

Richard Stevens, applicant, stated the timber harvest would occur only during ideal conditions, and clarified that no harvesting previously took place on Lot 63.

The Board discussed the following issues:
• Proper procedure for permit review;
• Not acting on a valid, current permit (Permit issued in 2005 and expired in 2007);
• Insufficient information for which the Board to act;
• Updated report from a licensed forester needed in order to address a possible change in the percentage of trees to be harvested, access points and landing areas;
• Need for a cash deposit or line of credit per PWD recommendation;
• Questioned whether the applicants were properly advised.

Mr. Fisk responded that this expired permit would need to be renewed, and essentially would be considered a new permit. It was up to Board as to how they would want to review this application. The same management plan still applies although the permit expired. The Management Plan has to be re-reviewed for tax purposes although no real change occurs for the number of trees to be harvested.

The Planning Board concluded the applicant’s expired permit could not be renewed and suggested the applicant submit a new timber harvesting application addressing the concerns noted above. The applicant’s forester, Jeff Smith, could meet with Mr. Rousselle (CEO) or Mr. Fisk for additional assistance.

Michael Gallo, Abutter at 8 Tara Lane, stated that Town Forest land does not abut the Stevens’ property, and the applicants can only access their land via Mr. Gallo’s land or via the river. He stated he is willing to work with applicants but wants to control where the logger crosses his land. He objects to having the logger from the 2005 harvest permit conducting the proposed harvest as this logger damaged his property.

Mr. Stevens responded that they have a right-of-way that crosses Mr. Gallo’s land was established in 1841, and has been used ever since.

Mr. Gallo concluded that he has not seen this deeded right-of-way, and recommended the attorneys for both parties meet to further discuss. He also commended the forester, David Parker, with his harvesting work in hopes of recommending the Stevens seek his services.

OTHER
- none.

MEMBER COMMENTS
Mr. Straub: Stated he was troubled by the Stevens’ Timber Harvest application, noting the summary information provided to the Board was incomplete. As an expired permit, the Board should not be reviewing this application as an extension request. The timber harvest should be submitted as a new application.

Mr. Fisk responded the applicants wanted to present this as an existing permit. In consideration of the past timber harvest permit for Bob Eger, Mr. Fisk thought the Board would want to review this application in such similar context. Mr. Fisk did not want to begin a re-review of this application if the Board felt it was not warranted. Access over the abutter’s land is an issue that needs to be further addressed.

Mr. Clough noted that it is not unusual for one deed to specify a right-of-way while another property owner’s deed does not.

Ms. Scott stated the applicants were not made aware they needed a new application.

The Board discussed timber harvest applications specific to line of credit requests or cash deposits and a longer permit period.

Dates & Times for Upcoming Meetings:
March 16, 2010 - 7:00 PM Planning Board Regular Meeting
April 6, 2010 - 7:00 PM Planning Board Regular Meeting

Motion by Mr. Straub, second by Mr. Clough to adjourn to a workshop regarding the Shoreland Zoning Ordinance. The regular meeting was adjourned without objection at 8:06 PM.

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