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Planning Board Minutes 10/06/2009

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
October 6, 2009

ROLL CALL
Present: Cheryl Dionne, John Stirling, Richard Clough, Mimi Demers, Bill Straub, Joel Moulton and Jim Fisk (Planner).

Jim Fisk, Planner, was taking minutes.

ELECTION OF OFFICERS

Motion by Richard Clough, second by John Stirling to elect Mimi Demers as Planning Board Secretary, passed unanimously.

Motion by Bill Straub, second by Richard Clough to elect John Stirling as Planning Board Vice Chairman, passed unanimously.

Motion by Richard Clough, second by John Stirling to elect Cheryl Dionne as Planning Board Chairman, passed unanimously.

CALL TO ORDER

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

MINUTES APPROVAL
August 18, 2009 - Planning Board Regular Meeting: Motion by Mimi Demers to approve minutes as written, second by Bill Straub, passed unanimously with both John Stirling and Richard Clough abstaining.

September 15, 2009 - Planning Board Regular Meeting: Motion by John Stirling to approve minutes as written, second by Mimi Demers, passed unanimously with both Cheryl Dionne and Richard Clough abstaining.

PUBLIC AUDIENCE
- none.

CORRESPONDENCE
- none.

OLD BUSINESS
1. MSP#07-01; Multi-Use Site Plan - 25 Academy Street: Request for permit extension. Mr. Bill Scire explained that the delay was because of the economy and lending by banks had all but stopped. Funds became available during the same time that the Town had contacted him about the unsafe conditions at the construction site and permit expiration date approaching in September. He was able to finance the project and has framed, roofed, and sheathed the addition. He has a schedule for jacking the front original section, pouring a new foundation, and finishing the structural work to "button-up" the building this year. Plans on finishing site work in the spring of 2010.

The Planning Board discussed the need for a letter of financial assurance, limiting the term of a permit and the usefulness of a Site Walk. After discussion and debate the Planning Board declined the need for further information or conditions and approved the Site Plan extension on a motion by Richard Clough second by Bill Straub passed unanimous.

2. MSP#08-02; Our Lady of Angels Parish Church (Greater Portland Diocese).
Mr. Fisk discussed the draft MDOT Traffic Permit was granted, which was a condition of approval. An off-site mitigation measure was recommended. It is a "No Parking Zone" on the southbound side of Rte 4 at the intersection of Agamenticus Road to accommodate passing stopped cars turning left onto Agamenticus. He said that today Tom Harmon, P.E. had discussed this request with MDOT and anticipates that it will be removed because of the time of use. Therefore, the draft permit will be revised before final issuance.

Mr. Fisk discussed the Zoning Board of Appeals Findings, Conclusions and Decision of the Appeal of S. Roberge and K. Emery. The ZBA granted the Appeal because not undertaking a lighting study was clearly contrary in meeting reasonable and necessary standards.

The status of the appeal allows 45 days for the permit holder to take the appeal to Superior Court for relief. Also, the ZBA can rehear the appeal if the parties agree in writing to overturn the appeal. Mr. Fisk stated that the parties are working on relocating the driveway and coming to an agreement. They will appear in front of the ZBA and submit the revised plan to the Planning Board concurrently.
NEW BUSINESS
The Planning Board agreed to the re-ordering of New Business agenda items for review purposes.

1. SP#09-05; Walsh Application for a Timber Harvest - 50 Ogunquit Rd., R5 Zone.

David Parker, Forester presented the plan as an improvement to the upland forest. No cutting will take place on the wetlands. The yard area is on an upland area well within the property because of the wetlands along Ogunquit Road. The existing woods road will be used and a new culvert within the property will be installed and additional fill will be added as needed. Terry Oliver has determined that the sight distance was adequate for a temporary construction entrance, and the crushed stone should be placed at the entrance onto Ogunquit Rd.

There was a general discussion about the timing of the trucking on Ogunquit Road because the ground is so wet in that area. It was agreed that the schedule should follow the soil conditions. The trucking should take place when the soils are dry or frozen.

Abutter, Joe Dallatore, 576 Emery's Bridge Road, questioned whether the site was going to be clear-cut or thinned. Mr. Parker responded that it would be thinned.

On a motions by Bill Straub with the condition of changing the schedule to "when the Soils are dry or frozen" and second by Mimi Demers the Planning Board passed the application unanimous.

2. #09-08; Reeves Application for a Timber Harvest - 602 Emery's Bridge Road R5 Zone.

David Parker, Forester, and the Planning Board agreed to move this application up on the agenda because it is going to utilize the same woods road access to Ogunquit Rd. It has similar wetlands and this harvesting will take place on uplands only. The schedule will be the same as Walsh, and trucking onto Ogunquit Road will be when the soils are dry or frozen.

On a motions by Bill Straub with the condition of changing the schedule to "when the Soils are dry or frozen" and second by Richard Clough the Planning Board passed the application unanimous.

3. SP#09-06; Bolevic Application for a Timber Harvest - 604 Emery's Bridge Road, R5 Zone.

David Parker, Forester presented this harvest to be similar in nature as the others, being a thinning for firewood, logs, chips and a little bit of everything cut only on uplands. Because of the wetlands, an abutting property that was cut last year will provide the access and skid trail. David Parker was the Forester for Randall Hulme, owner, in that harvest, and received an email agreement, which is in the Planning file.

Mr. Fisk asked about the condition of the entrance on Ogunquit Road after the harvest, and Dave said there was no damage to the road and it was in good condition.

Mr. Moulton asked about the road condition and turning in the road, and Dave said that Ogunquit is not a through road and the trucks will return the same route as used to access the site.

As with other permits, trucking will take place only when the soils are dry or frozen.

On a motions by Richard Clough with the condition of changing the schedule to "when the Soils are dry or frozen" and second by John Stirling the Planning Board passed the application unanimous.

4. SP#09-07; Blouin Application for a Timber Harvest - 468 Emery's Bridge Road, R5 Zone.

David Parker, Forester presented a harvest management plan that is required to maintain property in the Tree Growth program. The access is limited to an area of an existing stonewall along the northerly property line. The stonewall will be disassemble and reassembled after the harvest.

As with other permits, trucking will take place only when the soils are dry or frozen.

Mr. Moulton stated that topography and curves in the road could present unsafe conditions without signage at the times when trucks were entering and existing.

A motion by Richard Clough without a second failed to approve the application without conditions.

On a motions by John Stirling with the conditions of changing the schedule to "when the Soils are dry or frozen" and signage to be placed on Emery's Bridge Road notifying the Director of Public Works at the time of trucking and second by Bill Straub the Planning Board passed the application unanimous.

MEMBER COMMENTS

OTHER
1. Work Plan: Scheduled for October 20, 2009.
2. Sue Roberge asked to speak about the MDOT scoping meeting, and noted that MDOT waited another light at intersection of driveway, and documentation of boundary lines.

Dates & Times for Upcoming Meetings:
October 20, 2009 - 7:00 PM Planning Board Regular Meeting

Motion by Richard Clough, second by Bill Straub to adjourn the meeting. The meeting was adjourned without objection at 8:23PM.

ATTESTED: James L. Fisk
James L. Fisk, RLA,
Director of Planning & Economic Development