PLANNING BOARD MEETING AGENDA

Thursday June 20, 2019

Town Hall Meeting Room

6:30 p.m. Call to Order

Pledge of Allegiance

Introduction of Board Members

Public Comment

Approval of Minutes

1. June 6, 2019

Public Hearing

2. Public Hearing on DEP Permit. Subdivision Amendment. Blackberry Hill Road

(R56 3-2). Black Dog Realty.

Old Business

2. Subdivision Amendment. Blackberry Hill Road (R56 3-2). Black Dog Realty.

3. Conditional Use Application. 115 School Street (U3 42). R1 Zone with frontage on Route

9. William Dame.

Information Items

Public Comment

Adjournment

PLANNING BOARD MEETING MINUTES

Thursday June 6, 2019

Town Hall Meeting Room

6:30 p.m. Call to Order

Pledge of Allegiance

Introduction of Board Members

David Andreesen; Niles Schore; Paul Boisvert; Nichole Fecteau

Regular Member Absent:

Sean Winston

Alternate Members Present:

Noah Cobb (voting member); Michael LaRue

Alternate Members Absent:

Staff Members Present:

Lee Jay Feldman, Town Planner; Dan Vincent, Code Enforcement Officer

Public Comment

Nichole Fecteau said the Planning Board’s job is to uphold the Land Use Ordinance and

Comprehensive Plan for everyone, including the Town of Berwick. Paul Boisvert clarified that

the Town is purchasing a sliver of land and not an entire lot.

Approval of Minutes

1. May 16, 2019

Motion: Paul Boisvert

Second: Niles Schore

VOTED – 4-0 in favor

Motion Passed

In favor: Dave Andreesen; Paul Boisvert; Niles Schore; Noah Cobb

Opposed: None

Abstain: Nichole Fecteau

Old Business

2. Conditional Use Application. Medical Marijuana Production Facility. 398 School Street,

R3 Zone with frontage on Route 9. David Springer.

Lee Jay Feldman said the applicant said trees were planted for screening on Building 5. Mr.

Feldman said his concern is if the Purchase & Sale falls through with the abutter, how would the

shed issue infringing on property lines be addressed?

Dustin Morrill, representative to David Springer said the filters were inspected by the Building

Inspector and the lights were pointed away from neighbors. Dan Vincent said the lighting is

unresolved at this time. There was an extended discussion on lighting and glare. There was an

extended discussion on the shed and how the Planning Board may proceed.

Niles Schore read through the lighting requirements line by line. The Board determined there are

not harmful effects on abutters’ property. Mr. Schore said he understands the problem has been

resolved. Dan Vincent says the problem with the Ordinance is being able to see the luminaire.

The Board pointed out the sentence continues that says normal view.

Nichole Fecteau said she would like to see financial capacity to move the shed if a Purchase &

Sale falls through. Mr. Springer said he could provide a copy of proof to the Planning Office

next week.

There was a back and forth between the applicant and the Board regarding tabling the

application.

Motion: David Andreesen

Second: Paul Boisvert

VOTED – 4-1 in favor

Motion Passed

In favor: Dave Andreesen; Paul Boisvert; Nichole Fecteau; Noah Cobb

Opposed: Niles Schore

Abstain: None

New Business

3. Subdivision Amendment. Blackberry Hill Road (R56 3-2). R2 and R3 Zone. Black Dog

Realty.

Lee Jay Feldman read his memo to the Board. The subdivision was previously approved for 90

lots but because of updated Department of Inland Fisheries and Wildlife requirements, the

project is being proposed to be amended to 77 lots. Mr. Feldman recommended to the Board that

the application is tabled until the DEP permit is finalized.

Joe Mulledy of Ambit Engineering introduced himself as the representative of Mark Phillips. Mr.

Mulledy said the project was initially approved in 2009 but because of the economic conditions

at the time, the project was paused.

Nichole Fecteau emphasized that the review will come under the 2009 Land Use Ordinance.

Mark Phillips said the development is a 55-plus community and the roads will be privately

maintained. Mr. Phillips stated the water and sewer will be brought in and that infrastructure

could continue potentially up to Route 4 in the future.

A Public Hearing was set for 6:30PM on June 20th

4. Conditional Use Application. 115 School Street (U3 42). R1 Zone with frontage on Route

9. William Dame.

Ryan McCarthy of Tidewater Engineering introduced the project on behalf of William Dame.

Nichole Fecteau asked if there was a building elevation on the proposed building and said it

would be helpful to have for the Public Hearing.

Nichole Fecteau said there is a Low Impact Design (LID) statement missing and would be

required for application completeness. Ms. Fecteau said she would move to find the application

complete and expects to see the LID statement at the next meeting.

Motion: Nichole Fecteau motioned provided that the LID statement is prepared for the next

meeting.

Second: Noah Cobb

VOTED – 5-0 in favor

Motion Passed

In favor: Dave Andreesen; Paul Boisvert; Nichole Fecteau; Niles Schore; Noah Cobb

Opposed: None

Abstain: None

Site walk scheduled for 5:30PM

Review and Approval of Findings of Fact

5.

• 4 Coffin Lane

• 357 Portland Road

• Ally Way Subdivision

The Board and Mr. Feldman discussed minor changes to the Findings of Fact.

Information Items

The Board discussed the Low Impact Design requirements and to encourage them more strongly

during meetings.

Public Comment

Adjournment

Motion: Dave Andreesen

Second: Noah Cobb

VOTED – 5-0 in favor

Motion Passed

In favor: Dave Andreesen; Paul Boisvert; Nichole Fecteau; Niles Schore; Noah Cobb

Opposed: None

Abstain: None

Minutes prepared by Town Planning Technician James Bellissimo, for consideration at the next

Berwick Planning Board meeting.

Signed as Approved by the Board:

_________________________ _______________________

1

To: Berwick Planning Board

From: Lee Jay Feldman, Director of Planning

Date: 6/17/2019

Re: Revised Plan-William Dame III- 115 School Street-Auto Sales and Repair

I. Proposal

The applicant has revised the plans more detail for the boards review.

As part of the additional information, the plan now calls out a vegetated stormwater

depression at the rear of the site which will help slow the runoff to the rear of the

property where the topography drops off considerably. The applicant also plans on

adding loam to and reseeding the front buffer strip which is now more gravel than

anything else.

The other issue(s) that surround this project are as follows:

• Please note where the property line is in relation to the street and that the

applicant has parking for 8 vehicles in the Maine DOT right of Way. The

applicant has done some research and found the following that will allow

those vehicles to be placed in this area.

Title 29-A Chapter 19 Subchapter 1: Rules of the Road §2068

§2068. Parking

1. On ways. The following provisions apply to parking on public ways. A way is defined

as “the entire width between boundary lines of a road, highway, parkway, street or

bridge used for vehicle traffic”

A. A person may not park a vehicle, whether attended or unattended, on the traveled portion

of a public way outside of a business or residence district when it is practicable to park off of

the way. Vehicles aren’t parked within traveled portion of the public way.

B. A person may not park a vehicle on a public way unless:

June 17, 2019

2

(1) A clear and unobstructed width of at least 10 feet is left for free passage of other vehicles

on the way; and The vehicles will be parked 16 feet from the road’s edge of pavement

and 19 feet from the traveled way (white fog line)

(2) An approaching vehicle has a clear view of the way for 300 feet beyond the parked vehicle,

before approaching within 200 feet of it. [1993, c. 683, Pt. A, §2 (NEW); 1993, c. 683, Pt. B,

§5 (AFF).] Vehicles are parked well off the road that sight distance shouldn’t be an

issue.

B-1. A person may not park a vehicle on the following portions of a public way that are

included in a limited-access highway:

(1) On a traffic lane, deceleration lane, acceleration lane or on a bridge; or Requirement met.

(2) On the shoulder to the left of the traffic lanes. [1997, c. 653, §10 (NEW).] Requirement

met.

C. The Department of Transportation may place signs prohibiting or restricting the stopping,

standing or parking of vehicles on a public way or within 10 feet of the traveled portion of a

way or on property under its jurisdiction, where stopping, standing or parking is dangerous to

those using the way or would unduly interfere with the free movement of traffic. [2003, c.

452, Pt. Q, §44 (AMD); 2003, c. 452, Pt. X, §2 (AFF).] N/A

C-1. An operator may not stop, stand or park a vehicle in violation of the restriction on a sign

under paragraph C. [2003, c. 452, Pt. Q, §45 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] N/A

D. This subsection does not apply to a vehicle that is:

(1) Disabled to the extent that it is impossible to avoid stopping and temporarily leaving the

vehicle; or N/A

(2) Employed in construction, maintenance or repair of pipes and wires of a public utility in,

on, along, over, across and under a public way. N/A

• The applicant is proposing to tie in to the Public Water supply which has a

main on the other side of Route 9. This means that the applicant will need a

DOT permit to trench across Route 9 for the eventual tie in to the water. It

has been determined that the town does not have an Urban Compact

designation which in turn will require DOT approvals. This road was paved

6 years ago so there is no moratorium on cutting into the street.

• The last issue is that the applicant is proposing a new fence line to be

extended on property of Anna M. Brown to the East of the site. He will need

to obtain approval from Ms. Brown in order to put the fence on her property

or add the extended fence on his property.

The revised plans also show the proposed building as the board requested at the last

meeting. The building is traditional 12:8 peaked roof with clapboard or Vinyl siding

to match a New England Style structure the best they can.

I have no other issues or concerns than as noted above.

Town of Berwick Planning Board

Conditional Use Findings of Fact

Applicant: William A. Dame III

26 Guinea Road Berwick, Maine

(Tax Map U3, Lot 42)

June 20, 2019

William Dame is proposing to demolish the existing building for the use from and construct a

new building with 2 Auto Repair & Detailing bays. .

As part of the review of this project, the applicant is utilizing a portion of the ordinance in

Article VI section 6.3 under Note #1 which allows for a reduced side yard setback. The abutter’s

setback are 5.82’ on the west side and 12.84’ on the east side allowing this property to have a

9.33’ sideline setback which is what is proposed. The applicant is also required to meet the

performance standard found in 8.26 of the zoning ordinance which requires this type of use to be

located on either Route 9 or Rote 236. This site is located on Route 9.

The plan proposes to have a Dumpster located at the rear of the property behind the proposed

building. A majority of the site is currently gravel and the plan proposes to have the site paved.

Both properties on either side of this project are Residential and should be screened per section

7.2 of Article 7 requires buffering or screening.

The plan calls for both water and sewer to be public and tied into the public systems on Route 9.

The applicant first appeared before the board on June 6, 2019. During this first meeting, the

applicant representative indicated that the current lighting will remain on the site and that the

new building would have building mounted lights. The board asked to make sure the lighting is

Dark Sky compliant. The applicant indicated that there will be a building mounted sign and said

he would like to have it lit. The current sign on the front of the property will remain in place.

There would be approximately 10 vehicles on the site at any given time. The board did ask that

the building design fit into the fabric of the neighborhood.

A public Hearing and sitewalk were set for June 20th 2019.

For the June meeting the applicant revised the site plan and added proposed building elevations

for the boards consideration.

Findings of Fact

1. Conformance with the Comprehensive Plan: All proposed conditional uses and site plans shall

conform to the Comprehensive Plan of the Town of Berwick and with the provisions of all pertinent

federal, state and local codes, ordinances, and regulations.

The application conforms to the Comprehensive Plan because it is permitting an

appropriate commercial use within the R1 zoning district.

2. Preserve and enhance the landscape: The landscape shall be preserved in its natural state insofar as

practicable by minimizing tree removal, disturbance of soil, retaining existing vegetation during

construction. After construction is complete, landscape shall be designed and planted that will define,

soften or screen the appearance of off street parking areas from the right of way and abutting

properties and/or structures in order to enhance the physical design of the building(s) or site, and to

minimize the encroachment of the proposed use on the neighboring land uses.

This standard is being met insofar as it can. Much of the site is not changing as a used car

dealership currently exists on the property.

Relationship of the proposed buildings to the environment: Proposed structures shall be related

harmoniously to the terrain and to the existing buildings in the vicinity which have a visual

relationship to the proposed buildings. Special attention shall be paid to the bulk, location and

height of the building(s) and such natural features such as slope, soil type and drainage ways.

The current structure is being taken down and a new structure put up. The applicant is

proposing a new structure that fits into the fabric of the neighborhood and has provided a

building elevation for the Planning Board’s consideration

3. Vehicular access: The proposed site layout shall provide for safe access and egress from public and

private roads by providing adequate location, numbers and controls of access points including site

distances, turning lanes, traffic signalization when required by existing and projected traffic flow on

municipal road systems.

The applicant does not plan to modify the existing access to the site.

4. Parking and circulation: The layout and design of all vehicular and pedestrian circulation, including

walkways, interior drives, and parking areas shall provide for safe general interior circulation,

separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangements and

use of parking areas.

This standard has been satisfied the applicant plans on having approximately 10 vehicles on the

site at any given time

5. Surface water drainage: Adequate provision shall be made for surface drainage so that removal of

surface waters will not adversely affect neighboring properties, downstream conditions, soil erosion

or the public storm drainage system. Whenever possible, on-site absorption of unpolluted run-off

waters shall be utilized to permit groundwater recharge on the site.

6. This standard has been satisfied The applicant has proposed a drainage pond to the rear of the

site which will help detain runoff.

7. Existing utilities: The development shall not impose an unreasonable burden on sewers, sanitary and

storm drains, water lines or other public utilities.

This standard has been satisfied The applicant is proposing to tie the property into the public

water & sewer systems

8. Advertising features: The size, location, design, lighting and materials of all exterior signs and

outdoor advertising structures or features shall not detract from the design of proposed buildings and

structures and the surrounding properties.

Any proposed signage shall meet the sign ordinance standards found in section 7.12 of the

zoning ordinance. A sign currently exists on the site and is shown on the plan

9. Special features of the development: Exposed storage areas, exposed machinery installation, service

areas, truck loading areas, utility buildings and similar structures shall have sufficient setback and

screening to provide an audio/visual buffer to minimize their adverse impact on other land uses

within the development area and surrounding properties.

This standard has been satisfied The applicant is proposing a new dumpster at the rear of the

building.

10. Exterior lighting: All exterior lighting shall be designed to minimize adverse impact on neighboring

properties.

The applicant has shown building mounted lights which shall be full cutoff lighting. No new

freestanding lighting is proposed.

11. Emergency vehicle access: Provisions shall be made for providing and maintaining convenient and

safe emergency vehicle access to all buildings and structures.

The proposed layout of the site has adequate access for emergency vehicles.

12. Municipal services: The development will not have an unreasonable adverse impact on the municipal

services including municipal road systems, fire department, police department, solid waste program,

sewer treatment plant, school, open spaces, recreational programs and facilities, and other municipal

service and facilities.

No adverse impacts on municipal services have been identified.

13. Will not result in water or air pollution: In making this determination, it shall at a minimum consider:

The elevation of the land above sea level and its relationship to the floodplains, the nature of soils

and subsoils and their ability to adequately support waste disposal; the slope of the land and its attest

on effluents; and the applicable state and local health and water resources regulations.

This standard has been satisfied as the site is already 72% impervious

14. Has sufficient water available for the reasonable foreseeable needs of the development (this is usually

considered to be ten years approximately).

This standard has been satisfied as the applicant proposes to hook into the town water supply.

15. Will not cause an unreasonable burden on an existing water supply, if a municipal or community

water supply is to be utilized.

This standard has been satisfied

16. Will not cause soil erosion or reduction in the capacity of the land to hold water so that dangerous or

unhealthy conditions may result.

This standard has been satisfied

17. Will provide for adequate sewerage waste disposal.

This standard has been satisfied as the applicant proposes to hook in to the town sewer system

18. Will not have adverse effects on the scenic or natural beauty of the area, aesthetics, or rare and

irreplaceable natural areas.

This standard does not apply since the site is zoned R1 and allows commercial development.

19. The developer has adequate financial and technical capacity to meet the above stated standards.

This standard has been satisfied since the applicant owns and operates a used car dealership

from this site currently.

20. Whenever situated in whole or in part within 250 feet of any pond, lake or river, will not adversely

affect the quality of such body of water or affect the shoreline of such body of water, based on the

standards outlined in Section 9.8.I.1.j.

This standard does not apply because the site is not located within 250 feet of any shoreland

zoning areas

21. Low Impact Design: Each applicant is required to submit a statement to the Planning Board

documenting proposed Low Impact Design (LID) for the site, which will help to reduce storm water

volumes and help to enhance storm water quality. LID includes, but is not limited to, green roofs,

rain gardens, tree wells, infiltration basins and permeable pavement.

This standard has been satisfied since the site is already 72% impervious the applicant has

submitted a statement indicating this.

Conditions

1. Per Section 9.8.H.2 conditional use approval for the use stated in this decision shall expire in

one year if that use has not commenced.

2. This Conditional Use shall inure to the benefit of the Applicant, and bind its successors and

assigns, and shall be deemed to run with the land.

I, David Andreesen, certify that I am Chair of the Planning Board of the Town of Berwick, Maine, a

Planning Board established pursuant to Maine State Statute (30-A § 4401) and I further certify that this

decision was approved by the Planning Board at its meeting of March 7, 2019 the votes were as follows:

Findings of fact approved

Conditions of approval approved

Application approved

David Andreesen, Planning Board Chair June 19, 2019

TIDEWATER ENGINEERING & SURVEYING, INC. | 89 ROUTE 236 SUITE 3, KITTERY, ME 03904

June 13, 2019 Mr. Lee Jay Feldman Director of Planning Town of Berwick 11 Sullivan Street Berwick, Maine Re: Revised Submission-

Condition Use Application – 115 School Street Applicant: William Dame III

Job No. 19-113 Dear Mr. Feldman, On behalf of William Dame III, Tidewater Engineering & Surveying, Inc. is submitting the following supplemental information for review by the Town and the members of the Berwick Planning Board. The additional information provided is based upon discussion held at the June 6, 2019 Planning Board meeting.

1. Proposed Site Plan: Revision 1 a. Added proposed building mounted lights. b. Added existing sign. c. Added proposed fencing (6ft solid panel vinyl) to screen the property from abutters. d. Labelled general parking areas for vehicle sales vs. vehicle repairs.

2. LID Statement: The proposed development incorporates the following LID measures. a. Reduce Impervious Area: The impervious area of the site is reduced from 72.2% to

71.9%. b. Improve Organic Content: The vegetated strip between the parking area and the

sidewalk has little organic content and does not promote healthy vegetation. By stripping the top layer of soil and replacing it with a screened loam with 30% organic content (i.e. compost), the vegetated strip will provide a healthy growing medium for grass by encouraging strong root growth. This strip will then serve as a filter strip to trap sediment, absorbs more runoff and provide a medium for biological activity that helps break down pollutants.

c. Sediment Trap: A shallow vegetated depression approximately six inches deep is proposed along the back edge of the parking area to the rear of the property. Topsoil with 30% organic material will also be applied to this area and seeded to establish a grassed surface. This depression will serve to trap sediment carried within the parking area runoff, breakdown pollutants and promote infiltration of the stormwater.

3. Building Elevation View: As requested by the Planning Board, a sketch showing the elevation view of the proposed building has been provided for comments.

4. Lighting Fixtures: All proposed lighting will be shielded as required by Section 7.4. All building mounted signs will direct light downward. Cut sheets for the proposed site lighting will be provided to the Board within a future submission.

TIDEWATER ENGINEERING & SURVEYING, INC. | 89 ROUTE 236 SUITE 3, KITTERY, ME 03904

We look forward to the site walk and the opportunity to present this project to the June 20, 2019 Planning Board meeting. If you have any questions, please do not hesitate to contact us at (207) 439-2222. Sincerely,

Ryan M. McCarthy, PE, PLS President Tidewater Engineering & Surveying, Inc. (207) 439-2222 ryan@tidewatercivil.com Enclosures

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