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Planning Board Public Hearing and Regular Meeting Minutes 03/17/2009

SOUTH BERWICK PLANNING BOARD
PUBLIC HEARING and REGULAR MEETING MINUTES
March 17, 2009
7:00 PM

ROLL CALL

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

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

CALL TO ORDER

Chair Dionne called the Public Hearing to order at 7:00 pm.

Chairman Dionne noted that the Joint Public Hearing regarding the Height amendment was scheduled for next Monday, March 23, 2009.

Public Hearing:
Proposed BR (Business Residential) Zone

Public Attendees: 29

Chair Dionne opened the Public Hearing with the Planning Board history of reviewing this proposal.

Bill Straub stated that there could be no combining of lots for the purpose of creating larger or bigger projects, and the proposal contained a restriction related to parking in order to maintain the present streetscape of the area.

Jean Harrington, 54 Union Street, noted that her husband owns the property located at 153 Main Street and questioned the following items:
" Does the 60% lot coverage include parking?
- Chairman Dionne responded, yes.
" Would additional units beyond the original six dwelling units be allowed in a separate structure on the property?
- Chairman Dionne responded that all the other density requirements would need to be met as well as an additional 3,500 sq. feet per extra unit.

Gerry Leary, 23 Sewall Road, questioned why this rezoning was occurring and if it was related to a specific request.
- Chairman Dionne stated that this proposed rezoning has been a 2-year process of review and public informational and Board meetings. The Council requested the Board review bringing this zone back to a business zone as it was before 2003. The proposed area is small and a good area to expand business and professional office. The Board is committed to this area maintaining a "village feel".

Steve Harrington, 153 Main Street, stated that he was currently involved in a lawsuit with Town. He stated that this same area was illegally rezoned from B1 to R1 in 2002, and stated the proposed BR Zone has many restrictive requirements. He stated it would be wrong of the Town to disallow existing uses within the zone, and individual property owner rights will be taken away.

Maynard Hanson, Brattle St. stated he thought this was a good proposal, and requested clarification on Note 19.

Wendy Pirsig, 35 Wadleigh Lane, noted her support for the effort put forth by the Planning Board, and noted as a citizen she has followed this rezoning process over 10 years. She discussed the goals the Board was trying to achieve years ago when discussing this specific area in their desire to balance a thriving downtown. She further discussed the history of the buildings located in this zone.

Richard Becker, 143 Main Street, inquired if foundations count as existing structures.
- Chairman Dionne noted the Board might consider this as brand new construction.

Gerry Leary noted that adjoining properties to this specific zone might benefit from becoming a BR zone as well.

Chairman Dionne stated that the Town Council charged the Board to review the rezoning of this specific area of the R1 zone that was previously a B1 zone. This proposal is not an expansion to a new and different area although that may be a possibility in the future.

David Webster, Tamarack Drive, commented that the proposed Table A has potential applications for other areas of town should that be desired in the future.

Bill Straub noted the proposed BR zone was initially to be applied to this one small area allowing time to see the resulting effects of the zone change.

Richard Clough requested the Chairman read of proposed definition for an "Inn" for public audience clarification.

Chairman Dionne read the newly proposed definition of "Inn" as separate from the existing definition for "Hotel/Motel", described the changes to "Neighbor Convenience Store", and road frontage issues.

Gerry Leary discussed the tearing down of houses and questioned the standards for which new construction would have to adhere as well as individual property owner rights to use their land as they please.

Chairman Dionne discussed enforcement of the ordinance, and the desire to maintain a small town look to the area.

Bill Straub discussed the definition for Front Yard as proposed in the zoning amendment as one that will have the effect of discouraging demolition of structures.

Steve Harrington questioned whether fences would be allowed to be constructed.
- Chairman Dionne responded that fences were allowed to be erected on individual properties.

Chairman Dionne asked the audience and Board members if there were any further comments or questioned, and later thanked everyone for attending.

Chairman Dionne stated that the Town Council would hold their own public hearing for this rezoning prior to adoption.

The Public Hearing was closed by Chairman Dionne at 7:45 PM.

CALL TO ORDER

Chairman Dionne called the regular Planning Board meeting to order at 7:48 PM.

MINUTES APPROVAL

March 3, 2009 - Regular Meeting: Pending.

PUBLIC AUDIENCE
- None.
CORRESPONDENCE
- None.
OLD BUSINESS and ORDINANCE UPDATES

1. Proposed BR (Business Residential) Zone.

The Planning Board agreed to recommend the proposal for the BR Zone to be further reviewed by the Town Council.

Bruce Whitney credited Jim Fisk, Town Planner, for all his hard work.

Motion by Mr. Clough, second by Mrs. Demers to forward the proposed BR Zone to the Town Council for review and scheduling of a Public Hearing, passed unanimously.

Chairman Dionne will write a letter to the Town Council requesting this recommendation.
2. Stormwater Review: Set Public Hearing.
The Board will wait to further review the Stormwater and road issues until Kristie Rabasca provides further information per coordination with Roberta Orsini, Assistant Town Manager. The Board will receive rewrites prior to the April 7th meeting.

Chairman Dionne discussed the definitions for private roads are not the same as written throughout the Ordinance. She discussed the issue of the 1% versus the 3% in road fees.

The Planning Board discussed concerns regarding Private Road standards, the intent of the standards, and problems that arise with the ambiguity of the standards and its relation to road acceptance by the Town Council.

Chairman Dionne stated that approval of a subdivision shall not be deemed acceptance by the Town Council for roads and maintenance. This should be made clear to all applicants at the beginning of the development process.

Mr. Fisk stated that further definition of roads is required. He noted it would be good to provide the standards for this unaddressed zoning issue in the ordinance. This is one of many conflicts within the Ordinance. Mr. Fisk stated that the Board was waiting for road standards prior to further review of access management. A recommendation on BMP's is needed to resolve road issue. If this issue is not resolved now, the Planner could go on with other Stormwater issues and then come back to this.

Mr. Whitney requested an overview of the Ordinance be presented to the public at the Public Hearing identifying the reasons and goals for this amendment.

Stormwater and Shoreland zoning Public Hearings on same night although two separate hearings.

The Board agreed the roadway specifications are acceptable since there are no major changes to the standards. The Board discussed a mechanism for road acceptance and/or thresholds for road eligibility as used in other towns.

Mr. Fisk discussed new ordinance standards as referenced in chapter 121. Performance guaranties, fee structures for Stormwater management facilities and definitions of BMP's are tied directly to cross-sections. The State is now interested in quality not just quantity to be monitored. The DEP Stormwater permit is required with a 1-acre trigger.

The Board discussed the ambiguity within the ordinance but agreed to move forward for approval, with the private road issue to be addressed later.

Mr. Fisk noted it would be ok for the Board to leave the private road question up in the air because it does not change the composition of the ordinance.

The Board will address issues for an Ordinance "cleanup" come June 22nd.
Chairman Dionne noted the timeline for these mandates is short, and the proper language will be proposed for road acceptance.

Mr. Fisk discussed text amendments to include inserting or eliminating conflicting definitions, which can later be sent to the DEP after meeting the deadline.

Sections for revision include: 121-11, Def. 140-9, Private 140-9, 140-Attachment A, 4, street, information of non-acceptance 121-40 and section 121-43 D.

Chairman Dionne requested further clarification of road acceptance standards to inform future applicants.

Mr. Clough noted that road acceptance is under the purview of the Town Council.

Motion by Mr. Christo, second by Mrs. Demers to hold a Public Hearing to discuss Stormwater amendments on April 21, 2009, passed unanimously.

The Board could meet for an April 13th workshop to discuss prior to the Hearing.

Mr. Christo passed out information about the UNH Stormwater Center, and requested if the chairman is willing, to have Dolores Leonard make a presentation to the Board on April 7th. Otherwise, it costs $25 per person to attend a full-day workshop.

Mr. Straub stated he designed this facility six years ago. Stormwater drains off a parking lot to allow water samples to be analyzed while conducting fundamental research on the behavior of porous pavement. This type of low impact Stormwater management treats runoff through biological growth although a developer will spend a lot more on porous pavement. There remain some outstanding questions regarding silt build up in the pavement however; there is a lot of guidance for developers for low-impact Stormwater treatment as required to by the Maine BMP's.

Chairman Dionne requested a presentation be placed on the April 7, 2009 agenda.

3. Shoreland Zoning: Set Public Hearing.

The Planning Board recessed into a workshop at 8:43 pm at the request of the Planner.

The Planning Board meeting resumed, and the Planner will follow up on the following:

" Ask the DEP if there is any way to extend the deadline for Shoreland Zoning. Mr. Fisk noted that this deadline has been put off for three years, and he has been waiting for the IWWH habitat maps.
" Ask the State about new designations specific to loss of property rights. Mr. Fisk noted he was waiting to hear back from Mike Morse of DEP.
" Will provide Board members with a map with all the properties that are affected by the new ordinance. Currently, there are 885 properties with some occurrence of Shoreland zoning within town. There is a one-time addition of 30% for existing structures/lots not including vacant lots. Mr. Fisk noted that the Council Chairman was concerned about this issue and requested the expansion and enlargement omission in the ordinance be addressed and put back.

Mr. Fisk noted that the State requires the Town to notify people affected by zoning changes. He will discuss exemptions.

Motion by Mr. Christo, second by Mr. Stirling to hold a Public Hearing to discuss the Shoreland Zoning amendments on April 21, 2009 and to commence after the Stormwater Public Hearing completion and/or 8:00 pm, passed unanimously.

Mr. Christo recommended the Board conduct a workshop on March 31 to review Shoreland Zoning.

Motion by Mrs. Demers, second by Mr. Christo to schedule a workshop on March 31, 2009 at 7:00 pm to review Shoreland Zoning changes, passed unanimously.

Jim Fisk stated that materials would either be delivered or mailed to Planning Board members.

NEW BUSINESS
- None.

OTHER
- None.

MEMBER COMMENTS
John Stirling: Requested clarification on all upcoming meetings. See below for meeting schedule.

Richard Clough: Requested an agenda noted be added so that no new business is started after 9:30 PM. He will be out of town April 1-21, 2009.

Mimi Demers: Discussed the proposed CMP changes, and questioned the role of the Planning Board if CMP were allowed to continue without Town approval.

Chairman Dionne: Stated that CMP is required to seek town approvals for the P.U.C. application with regard to installation of brand new lines. Individuals can write the P.U.C. on their own accord. The Town Manager is reviewing the relocation of poles currently underway.

Bill Straub: Questioned what would occur should the Board disagree with the proposal put forth by CMP. In disagreeing with the proposal, the Board would be presenting a value statement to the public in their sentiment.

Dates & Times for Upcoming Meetings:
March 23, 2009 - 6:30 PM Jt. Public Hearing (TC/PB): Zoning Map & Height change.
March 24, 2009 - 6:00 PM MDOT Public Meeting in Council Chambers
re: Replacement of Great Works Bridge Bridge
March 31, 2009 - 7:00 PM Workshop re: Shoreland Zoning
April 7, 2009 - 7:00 PM Regular Meeting - Review Stormwater & Shoreland Zoning.
Guest Presenter: Dolores Leonard re: Effective Stormwater Management
April 21, 2009 - 7:00 PM Public Hearings
1. Stormwater Ordinance
2. Shoreland Zoning Ordinance
May 2009 Regular meetings should resume.

Motion by Mrs. Demers, second by Mr. Clough to adjourn the meeting. The meeting was adjourned without objection at 9:29 PM.

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