safewise logo
78 Sunny

Planning Board Minutes 10/20/2009

SOUTH BERWICK PLANNING BOARD
REGULAR MEETING MINUTES
October 20, 2009

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

Not Present: Cheryl Dionne and Richard Clough.

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

CALL TO ORDER
Vice Chair Stirling called the Planning Board meeting to order at 7:01 PM.

Alternate, Joel Moulton, will be a voting member at this meeting.

MINUTES APPROVAL
October 6, 2009 - Planning Board Regular Meeting: Motion by Mr. Straub, second by Mrs. Demers to accept minutes with additional comment as noted by Mr. Fisk, passed unanimously.

PUBLIC AUDIENCE
- Bob Eger: Reserved time to speak to MSP#09-04.

- Mike Joy, 71 Thurrell Road: Reserved time to speak to MJS#09-01.

- Russ Greene, 30 Thurrell Road: Reserved time to speak to MJS#09-01.

- Goerdt and Dagmar Lamberts-Loewenbrueck, 45 Lambert's Lane: Reserved time to speak to MJS#09-01.

CORRESPONDENCE
The Planning Board agreed to review Correspondence after New Business.
OLD BUSINESS
- none.
NEW BUSINESS

1. MSP#09-04; Charles Lynch: Application for a Building Addition - 199 Route 236 (Map 7, Lot 57), I1 Zone.

Bill Anderson, project engineer with Anderson Livingston Engineers, Inc. gave a brief presentation to the Board for the proposed building of a shed addition to an existing wood structure along with an additional steel fabric building in a previously cleared and level area. Mr. Anderson noted that the salvage yard operation has been shrinking as the boat building/restoration business has been growing over the past few years. The applicant will be removing more of the salvage area at this time. The newly proposed, free-standing building will not be supplied with electricity.

Jim Fisk, Town Planner, noted that although the current plan does not show contours as the previous plan did, no site work is needed for the current proposal. The Planning Board did conduct a site walk for the previous permit in 2007, and requested a Stormwater drainage study of the site at that time. Drainage issues have been satisfied and addressed. The Fire Chief has previously located and checked all chemical cabinets. Mr. Fisk stated he was comfortable with this minor adjustment to the site plan.

Mr. Moulton inquired about a MDOT review. Mr. Anderson confirmed that MDOT previously reviewed traffic and site entrances issues. No changes are proposed.

Motion by Mrs. Demers, second by Mr. Straub to approve MSP#09-04, passed unanimously.

Vice Chair Stirling identified the 30-day appeal period from this date of approval.

2. MJS#09-01; Harold K. Main, III and Susan C. Main: Amendment to Approved Subdivision - Determination of Completeness - 49 Thurrell Road (Map 13, Lot 42), R4 Zone.

Michael Peveritt, Civil Consultants Land Surveyor, presented an application for an amendment to an existing 4-lot subdivision approved in 1992. Mr. Peveritt stated the applicant wishes to divide his Lot 4 into proposed Lot A, Lot B and Lot C, with the remaining lot, to the rear of Lot B, becoming an Estate Lot with a ROW. Mr. Peveritt noted that there were previous building permits issued around 2004 for a portion of Lot 4 now being proposed as Lot B, and that although permits were issued, the applicant did not go before the Planning Board for an amendment to an approved subdivision plan creating this new lot.

Abutter, Dagmar Lamberts-Loewenbrueck, 45 Lambert's Lane, clarified that the Main property or Lot 4 in question was addressed 49 Thurrell Road,

Abutter, Mike Joy, 71 Thurrell Road, confirmed the configuration of Lot 4 with a newer home built on the portion closest to Thurrell Road. He questioned how a property owner could build a house without going through the proper procedures.

Abutter, Goerdt Lamberts-Loewenbrueck, 45 Lambert's Lane, discussed the building of a garage on Lot 4 that resembles a Wal-Mart-type, hanger or warehouse-type structure close to his property line.
The Planning Board discussed the timeframe in which the two homes on Lot 4 were built, and if or when that lot was split.

Mr. Fisk, Planner, noted that when a property owner wishes to subdivide and register the new lot, the Registry of Deeds would question the applicant if the lot were part of an already approved subdivision plan. If the applicant responds that it is, the request will be sent back for Planning Board review. Mr. Fisk reviewed the building permits issued for both the garage and new home, and the specifications were conforming to town guidelines. The Estate Lot is a unique provision that is not used very often, and allows landlocked parcels to be given to a relative with use of a ROW that cannot extend to other lots.

The Planning Board discussed the future of the back portion of Lot 4, and the need to clarify the intent for this land prior to or as a Condition of Approval. The existing dirt/gravel road that traverses the property to the back 2 lots currently serves as a 50-foot ROW and was not part of the original subdivision plan. The Board inquired if this dirt/gravel road constitutes road frontage for a back lot.

Abutter, Mike Joy, discussed his concern with this dirt/gravel road having been built with potential to be brought up to road standards, and the obvious implications of this occurring. He stated he believes a property owner has a right to do as they please with their property but within the framework of current guidelines and laws.

Mr. Peveritt responded that he does not know the intentions of the property owners of the proposed lots but stated the result of his proposal is for three lots.

Abutter, Russ Greene, 30 Thurrell Road, questioned who owns the dirt road that currently runs to the back of Lot 4. Mr. Peveritt responded that Harold Main owns the property with the road, and that the abutting property owner, ATP, Inc has a ROW for its use.

Mr. Fisk confirmed the Board could request the applicant provide materials to support this amendment, as this current plan is not complete for full review.

Mr. Straub questioned the ramifications of this application being considered a new amendment as opposed to being an existing subdivision.

Mr. Fisk responded he did not know but that there was nothing prohibiting the Board from asking for further documentation including a new plan with wetland, septic location and related information. The applicant could not legally amend an approved plan without having gone before the Board.

The Board discussed Lot 4 as one large lot with an illegal building, and agreed a lot more information was needed for a complete proposal.

Abutter, Goerdt Lamberts-Loewenbrueck, inquired to the ramifications for the existence of an illegal structure on this lot.

Vice Chair Stirling responded he did not know what the ramifications would be, and therefore, the Board would have to table this issue. He noted that they do not have enough information about the existing garage. These issues will have to be further reviewed.

Abutters, Mike Joy and Russ Greene, both inquired to the permitting process of the road. Mr. Fisk responded that other than there being a threshold for the crossing of wetlands, there was no other road permits.

Mr. Fisk will research whether the 30-foot easement is deducted from the total area as requested by Mr. Peveritt.

Vice Chair concluded the applicant should submit the Board with a new subdivision plan, and the Board will follow up with the permitting process of the lots, roadway, garage and house.

Mr. Straub stated that the Board does not know when they will receive an answer to their questions, but confirmed they will be forwarded to the Code Enforcement Officer.

Mr. Moulton inquired to LOT 4A being considered a buildable lot or its intended intent.

Goerdt Lamberts-Loewenbrueck discussed the timeframe for subdividing property.

Abutter, Dagmar Lamberts-Loewenbrueck noted her concern with the size of the dirt/gravel road and the potential for development of the back lots, and inquired as to a possible legal opinion and ramifications relating to this project.

CORRESPONDENCE

1. Letter from Maggie Raymond dated October 7, 2009 re: Trash Dumpsters.

Mr. Stirling noted this was a reasonable inquiry, and that it should be put on the work plan for further review and discussion.

Mr. Fisk discussed the only Planning Board trigger for regulating trash dumpsters is through site plan and subdivision review under screening. Otherwise, it does not come up during the building permit process unless it becomes an enforcement issue for health or nuisance problems.

Mr. Straub discussed his observations of unsightly dumpsters on Parent Street, and inquired as to other avenues to pursue this issue.

The Board agreed to pass this issue on to Joe Rousselle, Code Enforcement Officer.

2. Shoreland Zoning Newsletter.

Mr. Fisk stated that the State is waiting for the Town Council to forward them an adopted Shoreland Zoning Ordinance for State review. Currently, the draft ordinance is with the Council and SMRPC, and being reviewed further with questions provided by Council members.

Mr. Stirling noted that the Conservation Commission reviewed this issue of Hooper's Marsh/Brook as previously requested, and plan to write a letter to the Council suggesting the keep Hooper's Brook as Resource Protection and consistent with the R5 Zone.

Mr. Fisk noted that he has been in constant contact with the DEP reviewer as to the status of the Shoreland Zoning ordinance.
OTHER
1. Work Plan: Continued.

The Board agreed to table continuation of Work Plan until both Mrs. Dionne and Mr. Clough are in attendance.

Mr. Fisk noted that the codification of the Codebook should be forthcoming as the Clerk ordered the codification in the beginning of September.
MEMBER COMMENTS
Mr. Straub: Hoped for a fully attended Board meeting sometime soon.

Dates & Times for Upcoming Meetings:
November 3, 2009 - 7:00 PM Planning Board Regular Meeting
November 17, 2009 - 7:00 PM Planning Board Regular Meeting

The Board discussed and agreed to hold the November 3, 2009 meeting in consideration of it being Election Day.

Motion by Mr. Straub, second by Mr. Moulton to adjourn the meeting. The meeting was adjourned without objection at 8:02 PM.

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