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Planning Minutes 05/06/15

Regular Meeting
Date: 5-6-2015
Present: John Stirling, William Straub, Manley Gove, Kathy Connor and Joe Rousselle, Code Enforcement Officer

Warren Spencer – Absent
Terrence Parker – Absent
Paul Steinhauer – Absent

Mr. Stirling called the meeting to order at 7:03 p.m.

Motion to approve minutes of 4-15-2015, by Mr. Straub and second by Mr. Gove. VOTE: 3-0

Philip Kendrick, 22 Pine Street
Derek Ahl, 181 Emerys Bridge Road
Susan White, 181 Emerys Bridge Road

Mr. Straub pointed out that on line 39 of 4/15/15 minutes the issue of JBs Chuck Wagon was to be placed on agenda for the 5/6/15 Planning Board meeting. It was not placed on the agenda; however, Mr. Kendrick was present to express concern about Food Truck placed at Rt. 236/Old South Road intersection.

Mr. Gove explained that he visited this place and he observed that the wheels are still attached and the food truck is not attached to the building. Business has received letter from COE and it is Mr. Gove’s understanding that he has one year to implement what he received permission for.

Mr. Straub stated that he observed no wheels on the truck as of this morning.

Mr. Rousselle is working with Town Manager and Town Attorney to determine what is happening next. It is not the Planning Boards decision right now, they do not have jurisdiction on this matter.

Mr. Straub feels that this is not an allowed use. (A) zoning, not an allowed use in R3 zone. Has to get a site plan review and that never happened. (B) if continuation of Mobile Vending on that site previous, if structure was on wheels, there was nothing that COE could do. The Planning Board worked to create and recommend a Mobile Vending Ordinance that was reviewed by Town Council and was adopted in December 2014 and went into effect January 2015. Seems to Mr. Straub that since the Chuck Wagon did not begin to sell items until just recently after new ordinance went into effect, therefore the Mobile Vending ordinance precludes that. However he looks at this, he cannot find a way for this to be an approved use. He finds it astonishing that it is before them now; it should have never been allowed in the first place.

Mr. Stirling stated at this point this subject should not be before that planning Board because they do not have jurisdiction.



#1: Continued review of Ordinance Updates

Mr. Stirling and Mr. Straub would like to establish a definition of what is allowed and where in town and to be very specific about brightness, internal vs. external. How much light is appropriate for South Berwick?

The Planning Board is in favor of restricting lights used in signs not in the right of a business to have a sign.
Define limitation on brightness allowed for signage.

Mr. Straub wonders if this ordinance should be expanded to include signs inside the building as well. Anything displayed within 3 ft. of store front window cannot be flashing/moving or animated and no blinking neon.

Ms. Connor will include a definition of externally lit sign.

#2: SP#15-001 Application for Club at 144 Route 236 (Map 19 Lot 32) Derek Ahl and Susan White
Ms. White provided Planning Board with updated Site Plan and Narrative. Ms. White explained changes to the board.

Mr. Straub made a motion to find this application complete, second by Mr. Gove. VOTE: 3-0.

Mr. Straub made a motion to accept this as a Preliminary Plan Application, second by Mr. Gove. VOTE: 3-0

Planning Board will hold a Public Hearing on this Application on Wednesday, May 20th at 7 pm.

Ms. Connor will provide Findings of Fact before next meeting.


Ms. Connor explained recent court ruling stating that all Planning Boards need to specifically and clearly vote on when they allow materials to be omitted from an application and they must be in the Findings of Fact as well.

Motion by Mr. Gove, second by Mr. Straub to adjourn the Regular Meeting at 8:08 p.m. VOTE: 5-0

Attested by: __________________________________

Date: _______________________________________