Planning board approves reconstruction in resource-protection zone after finding limited alternatives

The Town of North Berwick Planning Board on June 12 approved a conditional-use permit allowing Brian Blake to reconstruct a single-family home on a Maple Street property (Map 2, Lot 126) located in the Resource Protection Overlay District. The vote was unanimous, 5-0.

Blake and his contractor told the board the original house and an accessory building had been torn down before the owner obtained a demolition permit. During review of a replacement application the board and staff identified a 75-foot setback in the shoreland/resource-protection standards that was not reflected on the original survey and soil reports; the applicant said the surveyor and soil engineer had previously marked a 25-foot setback. That discrepancy, the applicant said, left little buildable area and made the requested location the only practical place to rebuild within the ordinance allowances.

“This takes the footprint and locates the new building in the same area as the original house,” the applicant’s representative said, noting the proposed new structure would closely follow the prior footprint and would be sited to minimize additional encroachment on the resource-protection buffer. Town planning staff confirmed the conditional-use standard for the resource-protection district allows a replacement dwelling where no other location on the property can practicably accommodate the structure, and the board earlier discussed an 18-month grandfathering window and possible one-year extension for good cause.

Neighbors who spoke during the public hearing supported the application. “I think it’s the only plan that he has available to him to build a home for himself and his daughter,” said resident David Carter, who asked the board to expedite approval. The board opened and closed the public hearing and then moved to grant the permit with the condition that the new construction not exceed the original footprint and that the applicant proceed with required building permits and septic approvals.

The board specifically noted the proposed siting appears to better locate the home relative to wetlands and said it would require the applicant to submit final building-permit materials, including the septic design, before issuing a building permit.