York Town News
Parking lot notification error brings residents to Planning Board meeting
By Jennifer L. Saunders
YORK BEACH - They have no problem with the Union Bluff's plans to expand its business to include a function hall facility, but they are concerned with the placement of a parking lot so close to their homes.That was the consensus of several Ridge Road residents who attended the Planning Board's meeting on Thursday, Jan. 11, where a public hearing was held on minor amendments to the approved Union Bluff site plan.
The issue, Town Planner Steve Burns explained in a letter sent to the board, the abutters and other town officials, is that he had left off the map and lot number of the parking lot site - which is not adjacent to the project, but across York Beach on Ridge Road - during the plan review process. As a result, Burns said, the 10 abutters to the parking lot were not notified during the public hearing process last fall. In his letter, and again at Thursday's meeting, Burns said the abutters' concerns should be addressed.
Scott, Larry and Christine Ireland and Rob Byers all spoke during the public hearing portion of the meeting to express their concerns about the parking lot site.
"I think Union Bluff is a great restaurant … I love everything about it. But, on the same note … now the parking lot is going to be directly across from my house and, specifically, my living room window is directly across from the entrance," Byers said.
He asked the town and Union Bluff owner Brent Merritt to take action to minimize the noise that will be generated by the lot and to add a buffer to mask its appearance.
Christine Ireland asked for a traffic study, telling the board the abutters are "sitting there with a million dollars worth of property and I can't even foresee sitting out on the front lawn. … I just find it preposterous that due to a lack of parking … it's even plausible to place a parking lot across the street, this close, to where people are living and trying to raise their families."
Planning Board member Glenn Farrell explained that a parking lot is permitted use in the zone where the Irelands and Byers live.
Scott Ireland said he is concerned that the lot will be open until 1 a.m. to serve the function hall portion of the new building, citing noise from people getting into their cars as well as headlights shining into their home late at night, as well as the potential for vandalism in and around the lot.
Burns told Byers and the Irelands that the town's zoning ordinance requires a buffer to screen the homes, and that the failure to include that in the plan was an oversight in the board's review.
The Planning Board and Merritt agreed to add landscaping and buffers to remedy that situation, and JoAnn Fryer of CLD Engineering confirmed that has always been intended as part of the parking lot plan and those recommendations will be coming forward to the Planning Board for review.
"We were never notified and now we're concerned … we had 30 days to appeal … and now we're not quite sure if we can appeal at all," said Larry Ireland at one point in the public hearing, adding, "I'd like to see a work order to stop until we come to a situation to file or not file."
Planning Board Chairman Glen MacWilliams explained it would be up to the Code Enforcement Office to issue a stop-work order on the site, but Merritt told the board and abutters the work on the lot is complete until the spring, and agreed not to move forward on that site until the plan has been heard and buffering has been addressed.
Christine Ireland asked that Burns' letter be read into the record.
"I failed to list the parcel information for the parking lot … so the parking lot abutters were never sent the proper notice," Burns said in his letter.
The letter states that any action or inaction by a town official or board can be appealed to the Board of Appeals, but acknowledged an appeal of the approval might be in question as there is time limit for such appeals. The board noted that the abutters would have the opportunity to enter an appeal, should they choose, on the decisions and discussions that are ongoing.
"You will have appellant rights any time this board makes a decision about this project," MacWilliams said.
Planning Board Vice Chairman Tom Manzi noted that it is likely the Appeals Board would have remanded the application back to the Planning Board for new instructions to the owner on landscaping and buffering, had the abutters been notified in a timely manner and appealed the earlier decision. Instead, he said, that is what the Planning Board is working to do now.
Burns requested a specific presentation on the parking lot and landscape plan, and Planning Board member Barrie Munro noted that no occupancy permit for the facility will be granted until the parking issue is resolved.
Following the meeting, Byers said it is clear the parking lot is permitted in the zone where he and his neighbors live, so that question has been answered. While the town's notification error was upsetting, Byers said, he supports the Union Bluff project as a whole and is hopeful the town will take the action necessary to protect their homes.
"Honestly, after going to the meeting," he said, "it seems like they're following all the rules."
It is just unfortunate, he said, that businesses are required to locate lots outside the business district and adjacent to homes in order to meet the town's parking requirements.
Also at last week's meeting, the Planning Board continued its preliminary review of the proposed Highland Farm Phase 2 subdivision off Route 91.
Abutters and local conservation groups continued to raise concerns about the impact of this project on wildlife, water quality, wetlands and traffic in the area. The town of Kittery has also submitted a letter of concern as the proposed development abuts Boulter Pond, a main source of drinking water for that town.
The review has been continued to the board's February meeting.
In other business, the board agreed to a separate review of plans for a small subdivision of a six-acre parcel at the end of Woodside Meadow Road as the land itself is located in Kittery but would be accessed via a private road from York.
The board's next meeting is scheduled for Jan. 25.
