Planning Board Meeting Report

At the October 17, 2023 Planning Board meeting, the board voted on the agenda items listed below.  Alton Palmer was absent for the first three votes.  Andrew Gilbert recused himself from the Carr Woods vote.


1.  Approval of Draft Minutes from September 19, 2023; 5-0 vote; 1 abstention.
Board member Andrew Gilbert abstained from the vote.  Board member Alton Palmer was not present for the vote.

2.   Approval of Draft Minutes from October 3, 2023 Workshop; 5-0 vote; 1 abstention
Board member Jim Huebener made one friendly amendment.  Board member Dan Bondenski abstained from the vote.  Alton Palmer was not present.

3.  14 Sunnybank Rd. Private Accessway Permit; 6-0 Vote in favor of motion to Table to November 21, 2023
Vincent Oliviero is requesting a Private Accessway Permit to create access for a vacant lot located at 14 Sunnybank Rd (U41-19), Sec. 19-7-9, Private Accessway Permit Completeness and Public Hearing.  The Board has scheduled a Site Walk for Saturday, October 21, 2023 at 8:00 a.m. at 14 Sunnybank Road.

4.  Motion to Extend time to Public Hearing beyond 15 minutes on Carr Woods; 6-0 vote.
Given public significant public interest in this agenda item, the board voted to extend the Public Hearing beyond 15 minutes.  Board member Gilbert recused himself from this agenda item.

5.  Approval of motion to extend the meeting beyond 10:00 p.m.;  6-0 vote.
This vote reflects the requirement that the board must take a vote to continue their meeting beyond 10:00 p.m. anytime the situation arises.

 6. Vote to deny the Carr Woods 16-unit condominium and 1 single family home located on Deep Brook Drive; 4-2 vote.
Palmer made the motion to deny the application from Shore Road Development Partners to construct the condominium project and single family home based on the applicants' failure to demonstrate adequate technical and financial capability to complete the project; Huebener seconded the motion.  Chair Jonathan Sahrbeck, board member Derek LAVALLEE, Huebener, and Palmer voted in favor of the motion.  Board members Matthew Caton and Dan Bondenski vote in opposition to the motion.

7.  Approval to send Project Submission Amendments to Town Council; 7-0 vote.  
The proposed amendments update submission procedures with digital submission that has been used since 2020 in response to the pandemic.  The proposed amendments have updated the submission deadline from Friday to the following Monday, or Tuesday if there is a holiday, given that Town Offices are now following a 4-day work week schedule.  The proposed amendments also update submission provisions in the Zoning Ordinance, Subdivision Ordinance and Planning Board Rules.

Gilbert returned to the board to participate in the remainder of the meeting, following his recusal from the Carr Woods vote.


8.  Approval to send Home Business Amendments to Town Council; 7-0 vote.
The Planning Board voted to send the Home Business Amendments developed by the Ordinance Committee, to the Town Council.  The Planning Board reviewed the proposed amendments at their October 3 workshop.  The amendments were initiated in response to a request from Cape Elizabeth resident Stefan Rural, who would like to build an accessory structure in which to create furniture that he would sell elsewhere.  The existing Home Occupation and Home Business definitions were revised to activities in accessory structures, and to expand some business activity in response to work at home trends.


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