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Planning Minutes 08-19-2015

SOUTH BERWICK PLANNING BOARD
Regular Meeting
Date: 8-19-2015
ROLL CALL:
Present: John Stirling, William Straub, Warren Spencer, Paul Steinhauer, and Kathy Connor, SMPDC

Manley Gove – Absent

CALL TO ORDER:
Mr. Stirling called the meeting to order at 7:02 p.m.

MINUTES APPROVAL:
Motion to table minutes of 6-3-2015

Motion to approve minutes of 6-+17-2015 (Regular Meeting), by Mr. Straub and second by Mr. Steinhauer, with change made to reflect that Mr. Stirling was present at meeting VOTE: 3-0
Note: this change can’t be made due to the fact that Mr. Stirling was not present at meeting.
Will change line #12 to Mr. Straub called meeting to order.

Motion to approve minutes of 6-17-2015 (Public Hearing), by Mr. Straub and second by Mr. Steinhauer, with change made to reflect that Mr. Stirling was present at meeting VOTE: 3-0
Note: this change can’t be made due to the fact that Mr. Stirling was not present at meeting
Will change line #12 to Mr. Straub called meeting to order.

Motion to approve minutes of 7-15-2015, by Mr. Spencer and second by Mr. Steinhauer. VOTE: 3-0

PUBLIC AUDIENCE:
Matthew Randall, Attar Engineering

CORRESPONDENCE:

NEW BUSINESS:

OLD BUSINESS:
#1: MSP#14 – 01 Outlook Gulf Course 26 Lot Subdivision (Owner Tim Flynn) Map 31 Lot 129-1, Map 11 Lot 150, and a Portion of Map 11 Lot 28

Mr. Randall gave a brief overview of project. Attar has had a preliminary meeting with DEP, they have not heard back yet because their contact is on vacation.

Goal tonight is to get Preliminary Plan accepted and approved by the Planning Board.

Mr. Randall discussed submission items provided by Kathy Connor in an August 13th memo.
Complete grading plan including building sites on the sloped area
The plan they provided demonstrates typical house with garage below and driveway with 10% slope and grading around the house would allow for such building.
Mr. Straub asked about lot #26 with retaining wall along ROW and grading onto adjacent lot. Have you figured how to do that with or without the abutters permission?
Mr. Randall explained that they plan on getting the abutters permission.
Ms. Connor stated that they would like to see that Easement with abutter before public hearing if possible.
Mr. Straub stated that for the plan to be approved that will be required.
Mr. Straub also stated that for Lots #23 22 21 the grading plan is incomplete. It does not show Northern side of those lots.
Existing vegetation plan
Clearing will be accomplished depending on buyers option
Open Space area will remain wooded and buffer along southern side will remain wooded
Mr. Randall said the regulations do not have real detail about what is required for the plan
Ms. Connor stated that requirements for the Landscaping plan are more detailed about what is required
Mr. Stirling asked if the Board would need to waive the existing vegetation plan and Ms. Connor stated yes they would
Landscaping/planting plan within Lot 17 to serve as noise buffer between subdivision and Route 4. Mr. Randall explained that this is demonstrated on plan before them tonight
Ms. Connor stated that the 20 ft. buffer is a requirement, however the way it is drawn on plan demonstrates it is on Lot 17, they require a deed restriction or move the lot line.
Mr. Straub stated that maybe this could be placed in HOA responsibility.
Mr. Straub asked what is the intention of the buffer area west from Lot 17. Mr. Randall explained that it is intention to provide small buffer between existing home owners and development.
Ms. Connor asked the Board if they would like the language describing this area to be made stronger and state that existing trees in this area shall be retained.
Another way to approach the buffer would be for the client to plant more trees in that area rather than protecting and saving existing trees during construction
Lighting plan including photometrics and light specifications if streetlights will be installed.
Mr. Randall stated that they are not sure if street lights will be installed but if so, they will submit a plan later. He told the Board the lighting would be cutoff fixtures and dark sky compliant.
Mr. Straub stated that if the intent is for this to become a Town road, they should determine if the Town would require street lights for this road.
Erosion and Sediment plan
Plan submitted
Since plan will still be reviewed by DEP, they are requesting a temporary waiver and will submit the revised plan to DPW for his review prior to Final Plan Submission
Written approval of all water and sewer designs from Water and Sewer District.
Applicant has letters of capacity from both districts
While plan is reviewed and revised, the Applicant requests a temporary waiver with the plan provided prior to Final Plan submission
Mr. Straub feels that this may not be appropriate to defer this until Final Plan.
Town acceptance of Bittersweet Lane
Ms. Connor stated that typically the Town Attorney would review such material. The Applicant will provide documents done by their attorney and the Towns attorney will review them.
Mr. Straub made a motion that the board require applicant to obtain legal determination that roads on west side of project are the towns for purposes of ROW and that such opinion be reviewed by the Town Attorney, second by Mr. Spencer. VOTE: 4-0
Planning Board discussed waivers requested by applicant
Sec 128-28 D.2: Existing Vegetation Plan
Mr. Straub made a motion to grant waiver request, second by Mr. Steinhauer VOTE: 4-0
Sec 121-31 H: Soil Erosion Plan
Mr. Spencer made a motion to grant temporary waiver with understanding that it be dealt with before Preliminary Approval, second by Mr. Straub. VOTE: 4-0
Sec 121-31 I: Written approval of designs and drawings from the water and sewer districts
Mr. Steinhauer made a motion to modify waiver request to state approval will be submitted prior to Preliminary Plan Submission, second by Mr. Spencer. VOTE: 3-1 (Mr. Straub opposed)
Street Lighting/Photometrics
No plan submitted as of this date as the Applicant has not decided whether or not there will be lighting.
Mr. Straub asked that the Traffic Study which was submitted be placed among the items reviewed by Independent Third Party. He feels that it is incomplete as it stands.

Mr. Straub made motion to move Traffic Study to 3rd Party review, second by Mr. Steinhauer. VOTE 3-1 with Mr. Spencer either opposed or abstaining.

Mr. Steinhauer made a motion to find application MSP 14-01 Preliminary Application complete with the Waivers previously discussed and voted on, second by Mr. Spencer. VOTE: 4-0

Mr. Straub stated that he feels there is much to discuss prior to approval, but what they are voting on tonight will allow the process to continue.

Public Hearing set for September 16, 2015

OTHER:
Ms. Connor stated to the Planning Board that the Town Attorney has determined that if Mr. Willey of JBs Chuck Wagon discontinues use for 12 months then he (or other such business) will not be allowed.

Ms. Connor stated that John O’Neill is in the process of purchasing property next door to 80 Main Street. He will still come back before the Planning Board to address outstanding issues.

MEMBER COMMENTS:

Motion by Mr. Straub second by Mr. Spencer to adjourn the Regular Meeting at 8:03 p.m. VOTE: 4-0

Attested by: __________________________________

Date: ______________________________________