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Planning Minutes 03/04/15

Regular Meeting
Date: 3-4-2015
Present: William Straub, Warren Spencer, Terrence Parker, Paul Steinhauer, Manley Gove, Kathy Connor and Joe Rousselle, Code Enforcement Officer

John Stirling – Absent

Mr. Straub called the meeting to order at 7:00 p.m.

Motion to approve minutes of 2-18-2015, as amended, by Mr. Parker and second by Mr. Steinhauer.
VOTE: 4-0

Mr. Straub would like to insert at Line 40: Mr. Parker raised concern of wet lands affecting 2 lots on south side and Mr. Straub noted that conventional subdivision layout and if all proposed lots would be approvable, one or two lots are questionable
Insert at Line 49, Mr. Parker recused himself due to past association with this project.
Insert at Line 52, Mr. Straub asked under what jurisdiction are we dealing with this issue, this evening
Insert at Line 62, an engineered prepared as built plan for further discussion
John C. Kareckas, 15 Parent Street
Mike Ouellette, 1 Brattle Street
Julia Ouellette, 1 Brattle Street

Mr. Straub spoke about a letter from Joe Rousselle in regards to John O’Neill (80 Main Street) dated January 30, 2015. Provides a record by COE about questions on construction and allows PB to have the jurisdiction to take up this issue.

Mr. Straub handed out a letter from Town Attorney from approx. 6 years earlier when a similar project at 25 Academy Street came before the Planning Board. The letter states that the Planning Board has no jurisdiction to pass judgment about compliance of site development unless the COE does something to bring it back to the Planning Board and then at that time the Planning Board can act.

Mr. Parker stated that the letter provided by Mr. Rousselle about this project brings the issue back to the Planning Board, therefore they have the jurisdiction to act on what they believe is noncompliance to approved site plan at 80 Main Street.

Mr. Parker and Mr. Straub would like to see something that would allow as condition of CO approval, to have independent engineer with approved plan to observe construction and writes opinion back to the Town prior to CO. Applicant would be responsible for paying for this process. This is done in other surrounding towns and they would like to see it down here in South Berwick.

Mr. Parker would like Ms. Connor to research this topic and report back to the Planning Board.


#1: Continued review of Ordinance Updates
Mr. Kareckas was in attendance to talk to Planning Board about joint workshop on 2/4/15.

Mr. Kareckas has spoken to Mrs. Ouellette in regards to proposed sale of 1 Brattle Street based on proposed changes to Function Hall. Also spoke to John Stirling in regards to PB and TC status of this proposed change.

Mr. Kareckas is appearing on his own, not as Town Council member.

Mr. Kareckas would like to keep this motion moving forward. He would like to report back to the Town Council for the March 10th TC mtg. It might be as simple as restricting the propose use to a portion of 236 Corridor which sits in the R-2 Zone on the westerly side of the road.

He also stated that in reviewing the Planning Board Minutes of 2/4/15, he did not see reference to the Planning Board/Town Council Workshop. He feels that it is appropriate to amend the minutes to reflect the proceedings.

Ms. Connor stated that current draft is allowed in the R1, R1A, R2, R2A, B1, B2, I1, I2, and BR zone restricted to only properties with frontage on Rt. 236 and Rt. 4 and further restricted to properties that are connected to Town Water and Town Sewer. This would limit the number of parcels this would be allowed in.

Mr. Kareckas is concerned that someone would purchase a few parcels and put them together to build a major commercial/business use.

Mr. Straub asked if it would be better to restrict to Rt. 236 corridor with access to Town Water and Sewer, and then they could limit it to South of Rt. 4. Maybe adjust requirement to water use controlled by PUC.

Ms. Connor will work on incorporating suggestions from meeting into proposed draft and will plan on having a Public Hearing.

Mr. Kareckas will report back to the Town Council at the next meeting on 3/10/15.

The Planning Board expressed concern about mass gatherings and how they would impact local neighborhoods, etc. Ms. Connor reported the in her research she discovered that all of the towns she looked at have a Mass Gathering permit that they issue. It might be advisable for the Town Council to review this subject.

Mr. Spencer would like to know why the Planning Board is rushing through this process for someone that is looking to sell their property and move out of town. He is concerned that this process is going forward to fast.



Mr. Straub asked that 80 Main Street be put on the agenda for next Planning Board meeting so that they may discuss it further. Mr. Rousselle will notify Mr. O’Neill of the upcoming meeting.

Motion by Mr. Spencer second by Mr. Gove to adjourn the Regular Meeting at 8:20 p.m.
VOTE: 4-0

Attested by: __________________________________

Date: _______________________________________