The Planning Board last week accepted a revised preliminary plan for the 35-lot Samville Estates off Route 4 in South Berwick, though road access, stormwater concerns, and the homeowners association’s responsibilities are still being worked through.
Acceptance of a final plan will depend on resolution of these issues, particularly road access.
The proposed use of Meadow Pond Road to access the new subdivision has been a contentious issue for residents of the abutting Meadow Pond Estates, who have strenuously objected to its use since the 174-acre development was proposed by Mick Land Development in April.
Previously the Planning Board had indicated Meadow Pond Road, a public way, must be considered as an access road, but at Wednesday’s meeting board Chair Greg Zinser recommended an alternative, Industry Drive.
“As we move toward the final plan, the gated emergency access currently on the plan needs to be removed, and Industry Drive should be the main access from Route 4 to the development,” he said.
At the same time, the short right-of-way between the Samville and Meadow Pond developments would be upgraded to a standard acceptable for emergency vehicle access, he said, with Emergency Use Only signs posted at both ends.
That means traffic coming and going from the new subdivision would access Route 4 only via Industry Drive without the option of using Meadow Pond Road.The homeowners association for Samville residents will be responsible for stormwater management and maintenance of the emergency access road, Zinser said.
Attorney Tom Federle, representing property owner Mick Land Development, objected to the exclusive use of Industry Drive, saying his client wants to keep the originally proposed road design using both Industry Drive and Meadow Pond Road for access, with the right-of-way connecting the two subdivisions.
“We are sticking to our guns and our original plan, and want to be shown where in the ordinances the plan isn’t in compliance,” Federle told the Planning Board.
Zinser responded that the town ordinance doesn’t define access, and suggested the board ask the town attorney whether they have the authority to decide if the new proposal is a viable interpretation of the ordinance. Federle expressed agreement with that plan.
Roads in the new development will be private and no sidewalks shall be approved, according to a memo from Town Manager Tim Pellerin that was shared with everyone at the meeting.
Zinser expressed a caution regarding sidewalks. “Recognize if you do go down that road, the town is making a generalized statement they are not in favor of sidewalks. That’s between the you and the Town Council when and if the developer moves forward.”
“Just for the future,” board member Hershey Hirschkop added, “we require sidewalks and we’ll approve sidewalks in this project.”
“I understand, ” said Wyatt Page of Attar Engineering, which works with the developer. “We have them on our plan for a reason.”
The Town Council could be asked by Samville residents in the future to adopt their roads as public roads, thereby qualifying for town maintenance, though both Police and Public Works departments earlier in the Samville application process expressed concerns about its impact on their departments’ staffing and equipment.
The Planning Board requested that the final plan for Samville Estates be submitted well ahead of its presentation for approval, to allow careful review by town staffs, police, fire and public works departments for both South Berwick and Berwick. Berwick has some jurisdiction in the matter because Industry Road, located on private property owned by Mick Construction, is in Berwick.
Town Planner Hannah Watson and Code Enforcement Officer Jeni McCabe confirmed that the board has authority to place conditions, including the unresolved issue of road access and the need for legal review, at this stage of the approval process.
Attar Engineering will make the necessary changes spelled out by Zinser, according to Page. The conditions and the updated plan will be submitted well ahead of the presentation of the final plan, he told the board.
Zinser questioned Page about the expected increase in traffic on Route 4, a state road overseen by the Maine Department of Transportation. He noted that another component of the Samville project, Samville Townhouses, is being developed nearby in North Berwick thereby involving all three of “the Berwicks,” which share a six-mile stretch of the highway.
Attar has not heard of any Department of Transportation requirements such as turning lanes to accommodate increased traffic, Page said. Zinser asked that a condition be added requiring the developer to get DOT assurance that the state’s permitting for Route 4 access points would not be affected by the board’s decisions, should they change from the original design.
Tony Palazzetti, president of the Meadow Pond Estates Homeowners Association, thanked the Planning Board for listening to neighborhood concerns and said their association would be willing to pay for snow removal on the right-of-way between the developments if it were designated as emergency use only.
The board unanimously agreed to advance the preliminary plan for Samville Estates to final plan stage, with the conditions discussed being addressed in revisions.
