Despite opposition from neighbors, the Planning Board must consider Meadow Pond Road one of two required access roads to a proposed 35-lot subdivision off Route 4 because it is a public road, according to Greg Zinser, board chair.
The road goes through Meadow Pond Estates, a neighborhood of 18 homes adjacent to the proposed 174-acre development, Samville Estates.
Insisting it would be unsafe, residents of Meadow Pond Estates strongly objected to the use of the road at a May 3 public hearing and again at the June 7 continuation of the hearing, scheduled to allow Ken Wood, engineer for the developer, Mick Land Development, to find an alternative route.
The board rejected Wood’s proposed alternative, a half-mile road from Samville Estates to Route 4/Elm Street in North Berwick with an estimated cost of $1.4 million. The main reasons cited were legal and environmental issues; the road would cross property the Meadow Pond Homeowners Association deeded to the Great Works Regional Land Trust.
Zinser said the board could help mitigate safety concerns by placing certain conditions on use of Meadow Pond Road.
Tony Palazetti, one of about 20 Meadow Pond residents at last week’s hearing, said using Meadow Pond Road might save the developer money, but it would diminish property values for him and his neighbors. He suggested there are other options, including putting a gate between the two developments and Samville using Meadow Pond only for emergency access. Zinser said there could be legal issues with that option.
Industry Drive, the second road leading to the proposed development, is in Berwick, but Berwick can’t prohibit its use because it is a private way, according to Irish Griffith, Berwick code enforcement officer. That road is owned by the developer and leads directly from the proposed subdivision to Route 4 through an industrial development.
The developer will be required to improve Industry Drive to Maine Department of Transportation standards, said Phil Roy, Berwick Planning Board vice chairman, and members of the future Samville Homeowners Association will be responsible for plowing and maintenance.
Roy also expressed concern about the safety of the access road. “It’s our obligation to protect public safety,” he said.
Meadow Pond residents have said repeatedly that when they purchased their homes they had no knowledge of the Samville development. Wood insisted Samville was always considered Phase 3 of the original plan, which included two phases of Meadow Pond Estates. All three developments are projects of Mick Land Development.
Because the proposed subdivision is on land appropriate for development, said Zinser, the board has an obligation to proceed with the approval process. However, the board will continue to work with residents and the developer on ways to mitigate safety concerns, he said. The development will be discussed at several future meetings, and public comment will be allowed, he said.
Due to the complexities of the Samville proposal, both planning boards will meet with their respective attorneys before their next meeting with the developer on July 19.
