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Planning Board Minutes 08/18/2009

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
August 18, 2009

ROLL CALL

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

Not Present: John Stirling and Richard Clough.

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.

Chairman Dionne stated that both Bill Straub and Joel Moulton would be voting members at this meeting.

MINUTES APPROVAL

July 7, 2009 - Planning Board Public Hearing and Regular Meeting: Motion by Mrs. Demers, second by Mr. Straub to approve meeting minutes as corrected, passed unanimously.

July 21, 2009 - Planning Board Regular Meeting: Motion by Mrs. Demers, second by Mr. Straub to approve meeting minutes, passed unanimously.

August 4, 2009 - Planning Board Regular Meeting: Motion by Mrs. Demers, second by Mr. Moulton to approve meeting minutes, passed unanimously.

PUBLIC AUDIENCE

- none.

CORRESPONDENCE

- none.

NEW BUSINESS
The Planning Board agreed to review item #1 under "New Business", SP#09-03: David Parker, Forester (Dickinson) prior to "Old Business".

1. SP#09-03; David Parker, Forester (Dickinson) - Application for a Timber Harvest in the Shoreland Zone.

Dave Parker, Licensed Forester and agent for Alan and Brianne Dickinson, gave a brief overview of his proposed timber harvest plan with the thinning of 30-50 trees occurring on the larger lot, Lot 5. He noted that the abutter notice sent to Mrs. and Mr. Blaisdell at 20 Dover-Eliot Road was returned, but the notice will be resent.

Mr. Fisk noted that the Best Management Practices handbook addresses soil and stump issues, and since there are no nesting areas or rare plants, there are no Beginning with Habitat requirements to be addressed. They have not encountered any special conditions requiring a specialist review.

Mr. Parker will notify the property owner, and inform him he will be required for the stumping/mulching/grinding of cut materials. Brush will be chipped up and picked up by the Applicant with some left to rot away into the soil. They understand the code and requirements related to this activity. Mr. Parker stated CMP will be notified, and CMP may want to put their lines down during the tree cutting. Due to the amount of unsafe trees that need to be cut down, the Applicant cannot comply with point system.

Motion by Mr. Straub, second by Mr. Moulton to approve SP#09-03 for timber harvesting subject to the following conditions, passed unanimously.

Conditions of Approval
1. Hours of Operation: Monday - Friday, 7:00 am - 7:00 pm.
2. Receipt of letter from Joe Rousselle, CEO regarding inspection of hazardous trees.
3. Seven large white pines to be harvested on Lot 7.
4. Thirty to fifty trees will be harvested on Lot 5.

Kevin Dawson, 23 Dover-Eliot Road, discussed the back of his property that abuts Lot 5, and questioned access to Lot 5. Mr. Parker replied access would be through the driveway directly across from Flynn's Lane on Dover-Eliot Road.
OLD BUSINESS

1. Shoreland Zoning: Final Review of Revised Ordinance and Map prior to Forwarding to Town Council.

Mr. Fisk stated he spoke with the Town Manager regarding Hooper's Brook, and the Town Council has the option to pursue this issue further if the Planning Board chooses to forward the proposed Shoreland Zoning materials as written. Currently, these documented districts are not considered Resource Protection based on information from the DEP and MDIFW.

Mrs. Dionne reviewed the history of the Bergendahl site plan permit, and stated that prior to this permit, no one had come before the Planning Board with a site plan. Although, they did not make a presentation to the Board, Civil Consultants did conduct preliminary site work with visual reference of the area being a wetland. However, as there is no record of this area as a wetland, she understands the Planning Board choosing to stand with the previous action.

Mr. Fisk stated the Board could choose to be more restrictive than the State guidelines, but this would not be based on a site survey.

Mrs. Demers noted that the Beginning with Habitat maps from February 2008 have a note with Hooper's Swamp designated as Resource Protection, and she feels that it should be considered as such. Considering this area is in the R5 Zone, part of the Mt. Agamenticus to the Sea area and is a large resource area, she feels strongly that it should be considered Resource Protection.

Mr. Fisk responded that he did send this information to the DEP reviewer for his determination as to whether the area was Resource Protection. Based on the IWWH footprint, the DEP coordinator said it did not need the Resource Protection designation. Although, it is not required to be Resource Protection, the Board could certainly revisit the issue, and hold another public hearing. However, the current DEP determination based on current data does not show the area as Resource Protection, and when the Board held their public hearing, they took it off their list for Resource Protection. Mr. Fisk stated he conducted a quick site visit and noticed one rare plant, the Eupatorium Dubium. Rare animals are not identified nor listed, and it is hard to know how they are grouped. The Beginning with Habitat data is either verified or assessed, and could be based on ratings that include animal/plant sightings and other statistical evaluation assessments. Mr. Fisk stated that there is a process for which a resident/lay person could survey and observe potentially rare species in an area of concern.

Mr. Straub questioned the practical impact of continuing the status quo of a 100 ft. setback as opposed to a 250 ft. setback. He questioned whether the Board wanted to pose an advisory question to the Conservation Commission regarding this matter. Since Board members are not wetland specialists, it would be helpful to consider the reasoning behind considering this area Resource Protection, and perhaps, the Conservation Commission could provide an advisory statement to the Town. The Planning Board could forward the Shoreland zoning materials on to the Town Council with the suggestion they seek an advisory opinion from the Conservation Commission. The Planning Board recognizes there are other opinions regarding this matter.

Mr. Fisk stated the Town Council could hold another pubic hearing. In discussing the Official Shoreland Zoning Map, Mr. Fisk noted he had stopped with the consolidation of Map resources at Whites Marsh and Cox Pond because of overlaying resources, and does not want to lose special attributes of the marsh or the meadow. Discrepancies between the NWI and IWWH mapping include different and larger boundaries for Knights Pond and Warren Pond. Mr. Fisk chose not to leave these areas with just one feature, and was not sure if he wanted to homogenize these areas because it will make them harder to regulate. Mr. Fisk discussed the property owned by Mr. Roberts, and the natural progression of environmental changes that will possibly give him his buildable lot back in the future.

Mrs. Demers stated the revised map reads better with the white background although the dotted lines depicting the LRSD do not look any different. She inquired if these areas could be made larger with special inserted areas off to the side of the map.

Mr. Straub suggested uniform labeling for street names that he finds confusing. Mrs. Demers noted that at the previous meeting, the Board discussed road labels serving as location markers. Mr. Fisk stated he has an appointment with the GIS specialist for assistance with map annotation, and noted that once finalized, the GIS specialist will complete a final review the Official Shoreland Zoning Map.

Mr. Straub recommended the areas of confusion be illustrated in inserts to the side of the map.

Mr. Fisk stated that disclaimers about data sources are typical.

Motion by Mrs. Demers, second by Mr. Moulton, to forward the Town Council the shoreland zoning amendments with the condition the Council seek an advisory position regarding Hooper's Brook versus Hooper's Swamp from the Conservation Commission, and consider input prior to making a final determination, passed unanimously.

Mr. Fisk noted that the final version of the Official Shoreland Zoning Map would be prepared by an independent consultant and available for Town Council review prior to signing.

1. Our Lady of the Angels Church, MSP#08-02: Findings of Fact (FOF).

The Planning Board briefly discussed their review of the FOF.

Mr. Fisk clarified that a DOT permit has not been received. A DOT scoping meeting was held, and a permit is expected to be issued close to September. Mr. Fisk discussed how there was a mailing omission during the original abutter notice mailing for Suzanne Roberge for the concept review meeting in December 2008. The data used was old, and the notice mailed to Kevin Emery was sent to the property location instead of his mailing address.

Motion by Mr. Straub, second by Mrs. Demers to accept the Findings of Fact for MSP#08-02 with revisions as discussed, passed unanimously.

Mr. Straub questioned whether there has been any action by anyone concerning the 30-day appeal process.

Mr. Fisk stated that the Code office has not received any paperwork for an appeal, and it did not appear there would be any action.

OTHER

1. Work Plan: Continued. Chairman Dionne requested to table this agenda item until the next meeting with more members in attendance.

2. Planning Board Monthly Calendar.

MEMBER COMMENTS

Joel Moulton: Provided the Board two ordinances he wrote for the town of Farmington, New Hampshire where he works. He would like the Board to review both the Road Review Policy and the Limited Weight Policy, and further discuss them during the work plan review. These ordinances are based on New Hampshire and not Maine, and were adopted in 2007. Considering there currently are no set guidelines for Town Council road approvals, there will be a lot for the Board to discuss with roads and subdivisions.

Mrs. Demers: Discussed having resigned from the EDC since the Committee has now been disbanded. There are two new committees including the Master Plan Vision Committee and the Community Development Committee.

Mr. Fisk: Noted the Council is seeking federal funding for the library conversion, and thinks the Committees will further be broken into subcommittees. He does not know who has been appointed to the new committees.

Mr. Straub: Discussed the library as a multi-use/multi-function property, and thought the new committees were rather ambitious and a great idea.

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

Motion by Mr. Straub, second by Mrs. Demers to adjourn the meeting. The meeting was adjourned without objection at 7:59 PM.

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