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Planning Board Minutes 04/06/2010

April 6, 2010

Present: Cheryl Dionne, John Stirling, Mimi Demers, Bill Straub, Joel Moulton, alternate and Jim Fisk, Town Planner.

Not Present: Richard Clough.

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

Chair Dionne called the Planning Board meeting to order at 7:04 PM.

Joel Moulton will be a voting member as Mr. Clough is absent.

March 16, 2010 – Planning Board Regular Meeting: Motion by Mr. Straub, second by Mrs. Demers to approve meeting minutes as amended, passed unanimously.

The following members of the public audience reserved time to speak to the items noted:
• Audrey Fortier, 21 Rodier Road:
Thanked the Planning Board for their exhaustive work in reviewing the proposed Shoreland Zoning ordinance. She stated the charges previously made toward the Code Enforcement Officer (CEO) by Mr. Straub were insulting and defamatory in their implication of dereliction of duty. She stated that Mr. Straub’s opinion regarding a Shoreland Zoning issue was incorrect, and urged the Board to consider credible information such as provided by the Town’s CEO. She informed the Board that one such credible expert, the forester David Parker, would be holding a tour of the Town Forest this Sunday, April 11th at 1:00 PM.
• Bill Green 49 Meadow Pond Road – MSP#09-02.
• David Vachon, Flynn Lane S. – MSP#09-02.
• Pat Vachon, Flynn Lane S. – MSP#09-02.
• Alan Dickinson, Dover Eliot Road – MSP#09-02.
• Sue Roberge, 9 Berwick Road – MSP#09-02.

Chairman Dionne noted all items were received and reviewed.
1. ZBA Variance Appeal re: Side Setback for an Addition.
• Mr. Fisk stated this appeal exemplifies how zoning boundary lines running down the middle of streets unfairly affect property owners, and was ruled as so by the ZBA. The CEO has asked the Planning Board to review this issue specific to a number of roads in town. Item to be placed on the work plan.
2. Maine Historic Preservation Commission Letter dated March 16, 2010, re: South Berwick Village Historic District, 8 Norton Street, Map 28, Lot 175.
• Mr. Fisk acknowledged Dan Boyle, Chairman of the Historic District Commission, for the Commission’s hard work in receiving the honorary designation from the Maine Historic Preservation Commission. Mr. Boyle, who was in attendance and spoke, stated that the Commission was very proud to have 117 South Berwick buildings listed on the National Register including structures on Portland, Main, Highland and Academy streets. Chair Dionne thanked the Commission on behalf of the entire Board for their accomplishment and their work with Planning Board applicants preparing applications for properties in the Historic District overlay.
3. Memo from Mt. A to the Sea – Priority Issues from Land Committee date stamped received March 26, 2010.
• Chair Dionne stated her interest in receiving more information. Mr. Fisk stated he had a great meeting with Jodi Costello, Director, and she is trying to get technical assistance from the technical college regarding mapping and surveying. He noted that the Board has been utilizing Best Management maps and working with the access management issues. Mr. Fisk will continue to ask for further funding to obtain better data as this is an ongoing process dealing with natural resources. This memo is part of Ms. Costello’s ongoing interview with communities, and will be reported back to participating communities in a future presentation. Mr. Fisk discussed the success of the endangered Blanding turtle street signs, and noted their importance. The signs are folded down during the non-migratory season making them less susceptible to theft and vandalism. Board member Mrs. Demers confirmed with Mr. Fisk the importance of traffic slowing down and assisting with the turtle crossing.
4. Letter from Piscataqua Region Estuaries Partnership dated March 16, 2010.
• Piscataqua Region Environmental Planning Assessment (PREPA) Form completed by SMRPC. Chair Dionne stated that more information was available in the Planning Office.
5. SMRPC Spring Workshops Flyer: Planning Boards and Boards of Appeal re: Subdivision Review and Boardsmanship. Chair Dionne requested Board members contact Mrs. Scott prior to next Tuesday, April 13th as to their intentions for going to the future workshop.

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

Jim Fisk, Town Planner, provided an overview of the draft Findings of Fact (FOF) for Planning Board review, discussion and recommendations. Mr. Fisk provided a timeline of events to establish how the Board diligently applied due process for both the applicant and appellant specific to the Zoning Board of Appeals (ZBA) appeal. Weather disrupted the schedule due to meeting cancellations. The Findings include the way in which the criterion was applied, and how the application met those requirements. The conditions established in the original approval have been met with the exception of the Fire Department as this is building specific and will be met in the building permit. The peer review consultant, Larry Bartlett, previously provided a very good presentation of his on-site analysis, and felt the lighting design met all industry standards with no measurable impact on the abutting property. Mr. Fisk concluded the Board met the ZBA obligation in reviewing the need for a peer review study for glare and impact, and a revised landscape plan including buffering, and thought the Board could accept this criterion as having been met. He applauded the lighting design team for detailed soffit bracket lighting plan. The Diocese Risk Management officer will inspect the property for adequate facility lighting for security purposes. A MDOT approval was issued last November with subsequent letters addressing the driveway relocation. A light street pole is not specified in any MDOT documentation. Mr. Fisk noted the thoughtful revision of both the lighting at the driveway and street intersection, and felt the Board could accept this request has having been met. He is satisfied that the outstanding issues of the MDOT, security lighting insurance, and the landscape plan have all been addressed and met. The Planning Board is within their authority to approve the project as meeting the criteria, and as stated by legal counsel, Chris Vaniotis.

Tom Harmon, Civil Consultants, confirmed the direction of the fixture and not the street light changed. The street light is not on a power pole but will be a stump light. Lighting at the property line is zero, and any security lighting will not be above 0.1 footcandles at the property line. He further discussed buffering flags and the condition for lighting (Note #3, Plan C2), as modified for the security reasons.

Chair Dionne confirmed that the note for illumination lighting (Note #3, Plan C2) included that the entrance light only be in use when the building is occupied.

Ralph Sweet, project Lighting Designer, confirmed the light level at the boundary line would be zero.

The Board reviewed the Findings of Fact and requested the following:
• Legal Entity to be identified in header;
• Engineer of Record, Tom Harmon of Civil Consultants, to be identified in header;
• Current Land Owner to be identified, and
• Other edits as noted in draft document.

Mr. Vachon noted they have not contacted the Appellant regarding buffering since it is not church property, but stated they were waiting for a phone call.

Ms. Roberge requested a revision to the FOF for use of terminology that stated she was “happy” with the driveway relocation. The Board agreed to strike the entire section from the FOF. She requested clarification regarding the wooded buffer.

Mr. Fisk confirmed for Ms. Roberge that the Building Committee chose Bartlett Design to conduct the peer review study.

Mr. Harmon addressed certain wooded buffer areas are required by the stormwater permit, and the other wooded buffer as requested by the Planning Board for this permit.

Ms. Roberge requested confirmation of the height of the light pole at the entrance. Mr. Sweet confirmed the pole height of 20 feet.

Mr. Fisk confirmed the Board could grant conditional final approval based upon the drafted Findings of Fact, as the Board solely made minor, editorial revisions and no real sustentative changes. Final approval could be made after the reading of the amended Findings of Fact at the next meeting.

Motion by Mr. Straub, second by Mr. Moulton to accept the application for MSP#09-02 as amended and described this evening, passed unanimously.

Chair Dionne identified the 30-day appeal period for this date of approval, and thanked everyone for their patience. She stated the Board would conduct a final review of the FOF at the upcoming meeting.

1. SP#10-03; Joseph A. Dionne, III, 12 Portland St. (Map 28, Lot 166) – Change of Use: Book/Gifts/Café.

Joseph Dionne, Applicant, presented an application for a book and gift store with the option to provide his patrons with beverages and baked goods. He has a 30+ year background in this field and was previously an Amazon third party book seller. He hopes to have a grand opening by early May.

The Planning Board discussed parking, lighting and the need for a Historic Preservation Certificate of Appropriateness.

Motion by Mr. Stirling, second by Mr. Straub to waive the parking criteria for this site plan application, passed unanimously.

Motion by Mr. Stirling, second by Mr. Moulton to accept application SP#10-03, passed unanimously.

Chair Dionne identified the 30-day appeal period from this date of approval.

- none.

Mr. Straub:
In response to the prior public audience comment of Mrs. Fortier, he stated that nothing he said was either personal or directed toward Mr. Rousselle. Mr. Straub was inquiring to the facts regarding a specific issue in attempts to clarify the matter for the entire Board. He thinks it unfortunate for people in disagreement to make personal attacks as this discourages open and honest discussions.

Mrs. Demers:
Thanked Mr. Straub for his diligence in reviewing the Findings of Fact document, and noted that she found Mrs. Fortier’s comments to be very strong, and does not agree with her.

Mr. Stirling:
Gave “kudos” to Mr. Straub for communicating with DEP, and stated this should have been done in the first place. He further agreed with Mrs. Demers.

Mr. Moulton: Inquired about what transpired at the previous Planning Board workshop.

Chair Dionne:
Briefly provided Mr. Moulton an overview of the workshop, and thanked Mr. Fisk for his work in preparing the Findings of Fact. She thinks it imperative the Board conduct these types of FOF reviews. She concluded by thanking Mr. Straub for his work. She reminded the Board members to contact Mrs. Scott regarding attending the SMRPC workshop.

Dates & Times for Upcoming Meetings:
April 20, 2010 - 7:00 PM Planning Board Regular Meeting
May 4, 2010 - 7:00 PM Planning Board Regular Meeting

Motion by Mrs. Demers, second by Mr. Straub to adjourn the regular meeting. The meeting was adjourned without objection at 8:47 PM.

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