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Planning Board Minutes 06/16/2009

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
June 16, 2009

ROLL CALL

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

Not Present: Bruce Whitney

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

CALL TO ORDER

Chairman Dionne called the regular Planning Board meeting to order at 8:22 PM after conducting the Joint Workshop with the Town Council.

MINUTES APPROVAL

May 19, 2009 - Regular Meeting.

Chairman Dionne requested Minutes be tabled for approval until the next meeting.

PUBLIC AUDIENCE
- Suzanne Roberge, property owner, reserved time to speak to MSP#08-02, Our Lady of the Angels Parish Church.
- Joanne Masar, 42 Woodland Hills, reserved time to speak to CMP - Maine Power Reliability Program.
CORRESPONDENCE

1. Email from Josephine Collins per John B. Schempf dated June 3, 2009.
RE: South Berwick Zoning (45 and 49 Agamenticus Road - Map 29 Lot 27 -
R2 Zone)

Chairman Dionne requested Correspondence be tabled for review until the next meeting.
OLD BUSINESS

1. Shoreland Zoning: Follow Up to Joint Workshop with Town Council.
Chairman Dionne requested Old Business #1, Shoreland Zoning be tabled for review until the next meeting.

2. CMP - Maine Power Reliability Program dated January 22, 2009.
RE: Ordinance Amendment. (Please refer to documents provided in the 6/02/09 Planning Board packet).
" Email correspondence from Bud Newell, TRC and Proposed Amendment Language dated March 10, 2009. (Attached)

Brian Rayback, Attorney from Pierce Atwood and CMP representative, discussed proposed amendment language providing a more simple definition for a Transmission Line as well as a new note (18) describing how dimensional requirements do not apply to public utility transmission lines. Mr. Rayback noted that he and Tom Depeter, CMP, were attending the meeting to answer any unanswered questions.

Mr. Stirling discussed his concern regarding the poles being placed so that they might fall outside of the ROW, and how these poles could go from conforming to non-conforming.

Brian Rayback responded that no setback was required for the utility poles, and he understood the interpretation of CMP to be in agreement with the Code Enforcement Officer. He will defer to the Town's planner for the attorney definition, who does not agree with the fall zone regulation.

Mr. Clough stated that no ordinance amendment was needed for this project and, therefore, there was no need for CMP to go through the site plan review procedure. He stated he was in favor of project.

Mrs. Demers sated she came to the same conclusion as Mr. Clough but questioned why CMP approached the Town in the first place if no ordinance change was needed.

Brian Rayback responded that due to the controversial nature of these projects and the opportunity for people to interpret the process differently, CMP is trying to work with people of all the towns involved. He noted that in approaching each town to help clarify rule making, CMP is able to make this complicated, time-consuming process move a little smoother and faster.

Mr. Christo stated that CMP has not been open and forthright with the Town, and noted that the DEP letter is both misleading and contradictory with regard to the relocation of new versus existing poles. In his opinion, the relocation of the new poles is now non-conforming.

Brian Rayback apologized for any possible misrepresentation on behalf of CMP, and explained that CMP received assurance from the CEO last summer that no permit was required for the previous application that was for the relocation of utility poles that are noted on the plan as "existing".

An unidentified woman in the audience began to speak, but Chairman Dionne noted she was out of order and needed to have previously reserved time to speak earlier under "New Business", and then continued with the meeting.

Mr. Fisk stated that the CEO met with CMP last summer to discuss whether a building permit was needed for the relocation and replacement of existing poles, and the CEO determined CMP only needed to go before the Planning Board if the relocation was within the Shoreland Zone. CMP now refers to these poles as "existing" on their plans specific to this project because the poles are part of their upgrade plan, and are considered existing whether the installation is complete or not. Mr. Fisk noted that there was an after-the-fact DEP permit for an additional amount of disturbance that was not included in the original permit.

Brian Rayback discussed Natural Resources Protection as being a separate permitting process.

Mr. Straub questioned what would happen if the Planning Board chose not to act on this matter, and the ability to reserve the Town rights if no action was made.

Brian Rayback responded that CMP would build the project, and then have to wait and see if an appeal were filed. He agreed that no action was needed by the Planning Board unless poles were located within the Shoreland Zone.

Chairman Dionne stated that no action is need by the Planning Board at this time.

Motion by Mr. Clough, second by Mr. Stirling to not recommend an amendment to the South Berwick Zoning Ordinance specific to this project, passed unanimously.

Joann Masar, 42 Woodland Hills, discussed wetlands specific to the area of pole installation, and questioned if the crossing of wetlands was considered. She hopes the Town takes into consideration that wetlands have been previously crossed, and that CMP has been less than forthcoming with information. She questioned how many areas of wetlands would be affected.

Mr. Fisk stated that applicability in site plan review is not clear about the replacement or relocation of existing or larger poles.

Chairman Dionne responded that the crossing of wetlands is allowed and monitored by DEP.

3. Our Lady of the Angels Church MSP#08-02; Our Lady of the Angels Parish (Greater Portland Diocese) - Major Site Plan Application. (Please refer to documents provided in the 6/02/09 Planning Board packet).
" Memo correspondence with revised plans from Thomas Harmon, Civil Consultants dated June 9, 2009. (Attached)

Applicant attendees included Tom Harmon, Rob Teague, Father Jon and David Vachon.

Tom Harmon, Civil Consultants, requested site plan approval for the proposed parish church. As he displayed the plan set, he discussed the applicant intent to purchase 10 acres of the Owen Stevens property with frontage on Agamenticus Road. The Northeast entrance will open up into a 128 car parking lot. There will be a 10-foot pedestrian/bike path, and under drain basins to collect Stormwater. The site has been built up about 2 feet. There is an easement for drainage, 10 feet lower than the church location. A forced main will enter the site at Crooker Lane. Further discussion of the utility plan, Stormwater/erosion control details, and pavement, curbing, trench details, as well as the landscaping/lighting plan. He noted the copy of the DEP permit is at Town Hall

Rob Teague, Architect, explained the proposed building would serve all functions a church takes part in with an overall 16,000 sq. footprint. There will be seating for upwards of 375 people in the sanctuary and 225 people in the meeting hall. There will be both Saturday and Sunday services. There is a slab on grade for the sanctuary, which will be single-story. All is accessible from sidewalks without any step-ups. There is a two-story building proposed at the southern portion of the church with a full basement. The site plan has been reviewed by the State Fire Marshall, and is in compliance at this time. The church aesthetics is in keeping with local architecture with a ridgeline of 38 feet and tower of 50 feet. Lighting is hi-cut off with no light shining into neighboring properties, and no lighting proposed on steeple. Questioned if accent lighting on the steeple would be acceptable to the Planning Board. The sign to be substantial and made of stone following town guidelines.

Mr. Clough discussed a traffic analysis for the project, and recommended a public hearing.

Mrs. Demers confirmed the guarantor as the Diocese of Portland, and questioned whether there was any way to incorporate green or eco-friendly building.

Rob Teague responded that all green items have been considered in the designing of the church but that there were no cost effective applications. However, they have planned for the most efficient heating system, an energy efficient building envelope /shell with siding made of fiber cement.

Mr. Christo discussed the use of forced hot air to be installed, questioned the use of emergency lighting, and commented he appreciated how the applicant has dealt with Stormwater management.

Mr. Straub noted how he likes the site layout and site features, and noted how this project was a perfect application for Stormwater management. He stated he would feel more comfortable if there was some explanation from the Diocese for Financial capability, which should be addressed as part of the process.

Suzanne Roberge, 9 Berwick Road and abutter to the property stated she was not opposed to project. She noted that the area has been aptly named Long Swamp, and her biggest concern is that abutting properties might be impacted at some future point due to this project. She noted that she would like to state her case in a public forum at a Public Hearing. She questioned location of the driveway, and whether the sign is going to be lighted. She recommended a Public Hearing for the opportunity to state her point once again.

Rob Teague responded there would be no internal illumination of the sign.

Mr. Clough discussed item #7, and whether George Gorman/Fire Department has any concern about reaching the back of building, and questioned the connection as well as the lack of a hydrant on site. He noted that item #8, no pedestrian area lighting is provided, and thought is should be on the lighting plan.

Rob Teague responded that the building is sprinkled and on the town system.

Mr. Fisk stated that he needed the following documents be provided from the applicant: Letter from the Fire Department; Bib location on site plan; and a letter from the Police Chief regarding patrolling the proposed path in relation to emergency access (Per the Fire/Police Chiefs the single entrance is a low-speed driveway that would not prohibit access from emergency vehicles).

Mr. Harmon confirmed a building plan, updated plans and Water District letter would be provided.

Mr. Fisk discussed conflicts on the site plans specific to door entrances opening on to planting beds. In order to avoid enforcement issues at a later date, he recommended site plan revisions.

Mrs. Demers noted that the site plan may list various invasive plantings as part of the landscaping, and recommended further review of landscaping.

Motion by Mr. Clough, second by Mrs. Demers to hold a Public Hearing for the "Our Lady of the Angels Parish Church", MSP#08-02 at the next Planning Board meeting on July 7, 2009, passed unanimously.

Chairman Dionne requested the site application for MSP#08-02 be reviewed at the July 7 Planning Board meeting prior to reviewing Shoreland Zoning.
NEW BUSINESS

- None.
OTHER
1. Codebook - Eighth Supplement per Barbara Bennett, Town Clerk. Inserts provided to all Planning Board members.
MEMBER COMMENTS

- none.

Dates & Times for Upcoming Meetings:
July 7, 2009 - 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 9:51 PM.

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