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Planning Board Minutes 08/04/2009

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
August 4, 2009

ROLL CALL

Present: Chair Cheryl Dionne, John Stirling, Mimi Demers, Joel Moulton and Jim Fisk (Planner).

Not Present: Richard Clough and Bill Straub.

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

CALL TO ORDER

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

MINUTES APPROVAL

Chairman Dionne noted that the Minutes would be reviewed at the next meeting.

July 7, 2009 - Planning Board Public Hearing and Regular Meeting.

July 21, 2009 - Planning Board Regular Meeting: Pending.

PUBLIC AUDIENCE

- none.
CORRESPONDENCE

1. Memo from Mimi Demers date stamped "received 8-4-09": See "OTHER" #1, Work Plan.
OLD BUSINESS

1. Shoreland Zoning - Results from joint Public Hearing.

Chairman Dionne noted that many legitimate questions and comments were discussed at the July 27 2009 public hearing. After further review, she requested correction of the following items in the proposed ordinance:
(1) Section 110-3. Applicability: Last bullet point to correctly reference "Section 110-18.A.(4)".

(2) Limited Residential Shoreland District definition: Revise last sentence to read, "This district shall include areas when they occur within the limits of the Resource Protection District". Mr. Fisk will further review the IWWH/RP/LRDS issue in reference to this section and Section 110-17.C below.
(3) Section 110-17.C.Limited Residential District. Review.
(4) Section 110-18.A.(1)(c): Remove "Hilton Brook".
(5) Section 110-18.A.(6): Add "...as mapped within the areas of:" to the first sentence starting with "All land within..."
(6) Section 110-18.A.(6)(b): York Woods Road.
(7) Section 110-31.A: Change the second reference of "250 feet" to "100 feet" in the first sentence.
(8) Table C: "Setbacks For Structures" Residential: Note (5) to be added in each zone column.
(9) Table C: "Setbacks for Structures" Commercial: Correct first row to read "For Water Bodies...Section 110-18.A. (1) & (5)". Correct second row to read, "For Water Bodies...Section 110-18.B.(1-4)".
Map changes to include:
(1) Remove colors denoting each zone, leaving only the superseding feature
(2) Witchtrot Road.
(3) Wellhead at Springhill confirmed to be 300 feet away from building per measurement taken by Mr. Fisk.
(4) Line for floodplain to be used instead of a hash mark.
(5) Hash marks for 100 vs. 250 are hardly distinguishable - To be revised.
(6) Private road labels to remain as is as they are a function of the mapping program.
(7) IWWH with more than 10 acres and RP notations on map are the same - Need to join legend to denote all as RP.

Mrs. Demers stated that after she spoke with the Town Council Chairman and some abutters, she was interested in the possibility of the Planning Board considering making the area of Hooper's Brook and Hooper's Marsh Resource Protection.

Mr. Fisk stated that the only determination of this area was the wetland delineation report conducted for the Bergandahl application. There was no indication from the vegetation and soils that it was ever a swamp, only a brook. At that time, the Planning Board agreed with the determination that it was Shoreland and not Resource Protection. He further stated the Board could designate this area Resource Protection but the permit has already been granted which would make the Bergandahl property non-conforming before it has even been built. A rezoning change of this sort could be considered arbitrary and capricious because it is based on desire and not truth.

Mrs. Demers questioned if and when a stream becomes a swamp.

Mr. Fisk stated that Albert Frick conducted the wetland delineation and determination per Federal guidelines.

Mrs. Demers suggested the Board challenge the findings of the wetland delineation report conducted by Albert Frick.

Mr. Fisk noted the swamp versus brook distinction only affects one lot. The Board could ask the property owners, the Mosemans, if they would like to consider a conservation easement restriction.
Chairman Dionne requested a final review of the corrected ordinance and map prior to sending to the Town Council, and thanked Mr. Fisk and Mrs. Scott for all their work.
NEW BUSINESS

- None.
OTHER

1. Work Plan.
Mrs. Demers provided the Board with a memo detailing items for further Board review along with related attachments.

The Planning Board discussed road approvals specific to the subdivision approval process. Mr. Fisk noted that the State of Maine removed financial impacts for road approval criteria. Per MMA, a town cannot create a financial test. There is no mechanism to control the issue. The Board agreed that it should be made very clear to developers that proposed roads may or may never be accepted by the town. Mr. Moulton noted concern that developers will not follow through with their obligations with road maintenance. Mr. Fisk discussed a timetable to be implemented for road assurance, which could easily be extended to two or three years. It currently stands at one year. A financial guarantee is the only effective method.

Ordinance updates for further review include:
- Timber Harvesting: Consider basing it on acreage to be harvested in one year's time.
- Consistent Zoning: Consider amending zone boundaries so as to eliminate one side of a road zoned differently from the other, making it inequitable between neighbors. Board could discuss methods to make the boundary line more equitable.
- Parking Ordinance.
- Public Hearing: Consider defining.
- Demolition Review: Consider a map overlay as previously brought forth by Mr. Christo.
- Design Review/Performance Standards.
- Table A.
- Table C.
- Use of better language.

Chairman Dionne stated that Planning Board members should review and add to the list provided by Mimi for further review at the next meeting. In addition, the Board needs to review issues brought forth by Mr. Fisk regarding Floodplain and the Subdivision Ordinance.
MEMBER COMMENTS

Chairman Dionne stated that Mr. Christo submitted his resignation effective immediately so he is no longer on the Planning Board. This was based on a personal decision.

Mrs. Demers stated he was sorry to see Brad leave the Board, and thought he was a valuable member.

The Planning Board welcomed Joel Moulton as the new alternate member to the Board.

Mr. Fisk stated he would be attending a follow up meeting this Thursday for Stormwater management, and would report to the Board. He has not completed the Findings of Fact for MSP#08-02, Our Lady of the Angels Church, but should have it ready for Board review shortly.

Mr. Fisk, in response to Chairman Dionne, stated he requests an applicant submit application materials 2 weeks prior to a Planning Board meeting in order to ensure a complete application.

Chairman Dionne stated that in order to allow an applicant enough time to make revisions, the Planning Board should ask the ask applicant to return within a minimum of 4 weeks.

Mr. Fisk responded to Mr. Moulton by confirming that the he conducts technical review meetings with other town departments as necessary.

Dates & Times for Upcoming Meetings:
August 18, 2009 - 7:00 PM Planning Board Regular Meeting
September 1, 2009 - 7:00 PM Planning Board Regular Meeting
September 15, 2009 - 7:00 PM Planning Board Regular Meeting

Motion by Mrs. Demers, second by Mr. Stirling to adjourn the meeting. The meeting was adjourned without objection at 8:15 PM.

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