Changes to language in land use ordinances aim for better outcomes

Karen McCarthy Eger

The Planning Board is proposing firmer language in land use ordinances to ensure developers comply with required conditions.  

Board members on May 27 reviewed 29 pages of land use ordinances, focusing on subdivision provisions where word changes could give the board more and better tools to prepare for expected growth. 

For example, they decided changing the word “may” to “shall” in land use ordinance subdivision standards underscores the town’s intentions for residential growth. 

“Changes you’re making are going to lead to outcomes you want to have,” said DeCarlo Brown, former town planner who suggested wording for the board’s consideration. Brown attends board meetings pending the start of his successor July 6.

The need for stronger language in ordinances regulating new subdivisions has been raised before by board member Tony Palazzetti, who says it is needed to hold developers accountable, ensuring they abide by all conditions placed on projects approved by the board.

The board is proposing additional language prohibiting waivers that would permit dead end roads, cul-de-sacs or other turnaround layouts longer than 600 ft. In the past, South Berwick planning boards frequently granted exceptions to the requirement that longer roads have two outlets intended to make emergency access to such developments safer, according to Hershey Hirschkop, board chair.

Waivers granted for modifications to subdivision applications are determined by the judgment of the Planning Board, according to current land use ordinances, and require conditions that protect public convenience, health, safety and welfare.

Convenience or cost to the property owner cannot be a basis for waivers, the ordinance states. 

Board members discussed adding other wording to the regulations that clearly define two dozen terms, including “alley” and “civic space.” 

“This is a lot of dense information (and) we don’t have to rush through this,” said  Hirschkop, who suggested the board wait for Jeff Brubaker, the new town planner who begins in July, to help clarify any concerns or questions. 

Town Councilor Paul Schumacher, the liaison between the two boards, requested a council workshop with the Planning Board at 6 p.m. Tuesday, July 21, to jointly discuss the proposed ordinance revisions, said Hirschkop.

  • In other business at the meeting, the board determined Green Foundry’s application for a metal fabrication business at 8 Punkintown Road in the Industrial zone was complete, and scheduled a public hearing for 6 p.m. June 24 at the Community Center to receive public comment on the application. The owners plan two buildings that would house offices, studios, machining rooms and an open production floor focusing primarily on casting sculptures.
  • Also on May 27, Kirk Estes attended his first meeting as an alternate Planning Board member and was impaneled to vote in place of board member Mary Hussey, who was absent. 
  • The board voted to return its meeting schedule to the first and third Wednesday of the month at 6 p.m. at the Community Center, beginning July 1. The board had been meeting the second and fourth Wednesday at the request of the former chair.
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