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Planning Minutes 01/20/16

SOUTH BERWICK PLANNING BOARD
Regular Meeting
Date: 1-20-2016
ROLL CALL:
Present: John Stirling, William Straub, Warren Spencer, Paul Steinhauer, Manley Gove, Joseph Rousselle, CEO and Kathy Connor SMPDC

CALL TO ORDER:
Mr. Steinhauer called the meeting to order at 6:32 p.m.

MINUTES APPROVAL:
Motion to approve minutes of 12-2-2015 by Mr. Spencer and second by Mr. Gove. VOTE 4 -0

PUBLIC AUDIENCE:
Perry Ellsworth, Town Manager
Charles Farrell, 7 Bittersweet Lane
Kenneth Wood, Attar Engineering
Wendy Rawski, 11 Bittersweet Lane

CORRESPONDENCE:
Mr. Ellsworth spoke to the Planning Board about letter regarding Bittersweet Lane from Town Attorney. The attorney stated in the letter provided to the Planning Board, that Bittersweet lane was never a town road. As the road (public way) stands there are 3 houses that were given permits without any road frontage.

Bittersweet Lane is not a Town road it is a public way at this point.

Mr. Ellsworth asked the attorney if this project could proceed and the attorney stated that the Planning Board has the power to require the project to build road to current standards and then Town would probably take it over.

Mr. Straub asked Mr. Ellsworth to explain how this property could be considered Town land – if it is a private road, how can it be a public way?

If a road is built, Mr. Ellsworth would recommend that it be accepted by the Town.

Mr. Straub is concerned that the Planning Board can’t approve building a road on land that no one owns. Can someone demonstrate the Town has rights to build on that land? It appears to him, that all landowners involved need to come to an agreement for this project to move forward.

Mr. Wood asked Mr. Ellsworth about upgrading to Town Standards, but grade is an issue for them. He asked if it is the Town position that the Town would accept the road or make grade exceptions. He feels that the road is so steep, that it would be impossible to meet current grade standards. Mr. Ellsworth stated that is a conversation that could be held later down the line, with approval from PWD.

NEW BUSINESS:

OLD BUSINESS:
MSP#14 – 001 25 Lot Subdivision Outlook Gulf Course (Owner Jim Flynn) Map11 Lot 28 and P/O 31- 129

Mr. Woods spoke to the Board about the status of the road, as it is paramount to the discussion.

Mr. Stirling said that at this point the project owners and abutters need to meet and reach an agreement on status of the road. Mr. Straub stated that it must be shown that the Flynn’s have the right to build that road in order for the Planning Board to continue to move forward with this project.

Mr. Ellsworth said that the Board has the right to move forward if the Flynn’s are capable of determining who owns the road and have the ability to build the road.

Mr. Wood stated that maybe it is best for the Flynn’s to take responsibility of the title research. They would prove or not prove to the Town who owns the land. Mr. Straub suggested that maybe they work with the land owners to establish and easement, that seems to be a much better way to proceed.

Mrs. Rawski is fearful that if this project does not get approval then the landowners along Bittersweet would be required to upgrade the road to current standards.

Mr. Straub asked that the applicant make a waiver request for the road grade. Mr. Wood asked if the Planning Board would vote on whether or not a waiver is required before the applicant moves forward with that. Ms. Connor stated in her memo that she feels it is in the best interest of all parties if a waiver was requested for anything that deviates from performance standards.

Mr. Straub asked where the applicant is with the DOT on an entrance permit. Mr. Wood stated that it was issued 12/17/15.

Ms. Connor reminded Mr. Wood that building foot prints and driveways need to be shown on plans and Mr. Wood explained that this has been addressed and they will be on the next set of plans.

Mr. Wood will bring material back to board in time for the next Planning Board meeting. The Board feels that they are not ready to continue the Public Hearing.

OTHER:
Mr. Stirling stated that he spoke to Mr. Ellsworth and at this time the Town Council does not want to do anything in regards to Medical Marijuana.

Ms. Connor asked about the status of ordinance amendments for LID, Landscaping and Lighting. Mr. Stirling reported that the Town Council has approved the LID amendments.

Mr. Stirling reported that the Planning Board has used about $15,000 of their $20,000 budget for this year. Mr. Ellsworth would like to set aside money to examine planning issues that are not chargeable out to other projects. (ex: ordinance review). He would like the Board to determine what they would like to do with new budget year.

Mr. Stirling asked Mr. Ellsworth for a list of what ordinances he would like the Planning Board to review.

Mr. Ellsworth asked the Planning Board to added Budget discussion to the next agenda he will also provide copies of current budget and list of past expenditures.

MEMBER COMMENTS:

Motion by Mr. Spencer second by Mr. Gove to adjourn the Regular Meeting at 7:54 p.m. VOTE: 5-0

Attested by: _________________________________

Date: ______________________________________