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Planning Minutes 11/04/15-Public Hearing

Continuation of Public Hearing (9-16-15)
Date: 11-4-2015
Present: John Stirling, William Straub, Warren Spencer, Paul Steinhauer, Manley Gove, Joseph Rousselle CEO and Kathy Connor SMPDC

Mr. Stirling called the meeting to order at 6:37 p.m.


Tim Flynn
Perry Ellsworth, Town Manager
Wendy Rawski, 11 Bittersweet Lane



OLD BUSINESS: MSP#14 – 001 25-lot subdivision off Portland Street and Bittersweet Lane. Map 31 Lot 129-1, Map 11 Lot 150, and a portion of Map 11 Lot 28 (Owner Tim Flynn)

Mr. Stirling explained that Planning Board has received Preliminary Sub-division plan and that it was sent out for peer review. The Peer review engineer reported that the plans did not meet town standards in regards to town standards for road development and storm water and were lacking in detail such that the engineer could not complete the review. The Traffic Report was also sent out for Peer Review and a Traffic Engineer Review has been received but not yet discussed.

The Public Hearing was conducted on 9-16-15 and at that time, the Planning Board left the public hearing open in order to give the applicant time to resubmit plans to the Town to meet requirements. At this time, no revised plans have been submitted.

The Planning Board also has a legal opinion submitted by applicant’s attorney.

Mr. Flynn explained that the letter was to examine impact of new ordinance vs. old ordinance on proposed development. In the old ordinance they were required to bring new road up to standard, with new ordinance they would be required to bring all roads up to new standards (they would have to bring Bittersweet Lane up to current standards)

Mr. Straub asked what particular standards are they concerned about. Mr. Flynn explained that it is the slope of Bittersweet Lane.

Ms. Connor called the Boards attention to Section 121.23: Streets and Drainage. Any existing street wherever necessary to ensure safe traffic and access shall be improved to meet standards.

Mr. Flynn explained that under the old ordinance he would be required to receive a modification from the Public Works Director in order to not update Bittersweet lane where practical, under the new ordinance he believes that he would have to go before the ZBA to receive a variance and feels that is much more strict.

Mr. Straub explained that even under the old ordinance a waiver would be need to be sought by the applicant subject to the criteria for approval of waivers. Planning Board consider of waiver of request would be necessary and a waiver granted if a change would apply.

Mr. Flynn asked if the legal opinion from Town Attorney has been received yet. Ms. Connor stated that it was not.

Mr. Ellsworth explained that it is the belief that this is still a paper road of South Berwick, and that the town has an easement through that property.

Mr. Ellsworth will have the Town Attorney review legal status of the road as soon as he receives request from the Planning Board.

Ms. Rawski wants to be sure of legal ownership of the road in question.

Mr. Stirling requested that Ms. Connor get a copy of the letter to Mr. Ellsworth and he will have the Attorney review it.



Mr. Straub made a motion to continue hearing to future date to be determined, second by Mr. Steinhauer. Vote: 5-0

Attested by: __________________________________

Date: ______________________________________