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Planning Board Minutes 05/02/2012

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
Date: May 2, 2012
ROLL CALL
Present: John Stirling – Chairman, Bill Straub – Vice Chairman, Mimi Demers, Terrence Parker, Joel Moulton, Warren Spencer, and Joe Rousselle Code Enforcement Officer

Absent: None

CALL TO ORDER

Chair John Stirling called the Planning Board meeting to order at 7:02p.m.

MINUTES APPROVAL

Motion by Mr. Straub second by Mr. Moulton to approve the minutes of the April 4th, 2012 Planning Board meeting. Vote: 5-0

PUBLIC AUDIENCE: None

CORRESPONDENCE: NONE

OLD BUSINESS: Continued review of Mobile Vending

Mr. Stirling brought up that this was on the agenda because of the one that was operating at the corner of 236 and Old South Rd. last summer.

Mr. Rousselle explained that this one had been sold and the owner went back to California. He also explained that this would be a good time to discuss the use of these units and see if a definition could be established in the Ordinance. Possibly put it in the category of a Take-Out restaurant.

Mr. Rousselle mentioned to the Board to look into the definition but be careful of Strawberry Festival that occurs every year. He presented to the Board a copy of some regulations from JT Lockman on this subject.

Mr. Straub thought that this could go under a Take-Out Restaurant. He explained that there is no time restraint in the Ordinance that restricts them. He felt that this should have gone in front of the Board for review for traffic and safety concerns. He asked if they had asked to set this up.

Mr. Rousselle explained that they had contacted him about setting up the BBQ trailer on this site. Mr. Rousselle explained that he contacted the State on Mobile Vending and they explained that Maine was a free enterprise State and if town had no regulations on them it would be hard to stop the use.

Mr. Straub asked what the difference was between the mobile unit and the ice cream shop across the street.

Mr. Rousselle explained that the ice cream shop was built on site and the BBQ was mobile.

Mr. Moulton talked about Wally’s stand up the road. The Board concurred that it would fall under this use.

Mr. Straub felt that the definition of structure should have made it come before the Board. He went over the definition and said that it meant built or fixed to the ground it then it would fit.

Mr. Rousselle explained that he made the decision that it was mobile and did not fit the criteria for Take-Out Restaurant.

Mr. Straub did not agree with this.

Mr. Rousselle explained to the Board that it was his decision to send things to the Board for review on site plan. He is the one that interprets the Code and fits things into a category. The Board reviews if it is sent to site plan review.

Mr. Parker agreed that it did not fit the Take-Out definition.

Mrs. Demers looked at Sec 140-21 but felt that it did not apply.

Mr. Straub felt that Mobile and structure were equal in nature.

Mr. Rousselle explained that it was two different things. He said that this has not been a problem until now. Back in the 70’s and 80’s mobile vending was available in town with no issues. Nothing has changed in zoning since.

Mr. Straub said that the difference was between private and public property that if it is on public land the Board has no jurisdiction. If the use is on private land it goes in front of the Board.

Mr. Rousselle disagreed with this because it was the same use. If it’s a site plan review there is no difference from public or private.

Mr. Moulton asked if they could just add mobile vending in the Take-Out definition.

The Board agreed to establish a definition for mobile vending.

The Board wanted to contact JT Lockman to come up with something to solve this.

Mr. Straub would like to see it have a time of use and when it would go to site plan. Also to look into the private/public use.

NEW BUSINESS: None

Conditions of Approval:

OTHER

MEMBER COMMENTS:

Mr. Stirling asked if there were any other things they could look into.

Mr. Parker asked about low impact development.

That would come up later.

Mr. Parker asked about safety in site plans. He was against the ice cream shop for traffic concerns.

Mr. Straub mentioned that this was always an issue when other people have jurisdiction on some of the projects they review.

Mr. Parker motioned to adjourn second by Mr. Spencer. Vote 5-0 8:05 pm

Attested by:________________________________ Date:___________________________