On the agenda: Berwick Minutes — data center (Sep 17)

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Town of Berwick
Planning Board Meeting
Minutes
Thursday,September17, 202 6
BurgessMeeting Room
, Berwick Town Hall
6:30 p.m.
Call to Order
Pledge of Allegiance
Introduction of Board Members
Nichole Fecteau (Chair); Rick Raynes (Vice-Chair); Niles Schore; Daniel Hook; George
Claassen; Jeff Brooks (Alternate Voting Member)
Regular Members Absent: Megan Burgess
Staff Members: James Bellissimo, Director of Planning & Development

Approval of Minutes
• September10, 2026
Motion: Daniel Hook motioned to approve the minutes as presented.
Second: Rick Raynes
VOTED – 4-0-1 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Daniel Hook; George Claassen;
Opposed: None
Abstain: Niles Schore

Public Comment
Public Hearing
New Business
• Preliminary Plan
. Megan’s Meadow Subdivision Amendment (creation of 1 lot).
-6).(R37
R2 Zone. LRB Leasing, LLC.
Ms. Fecteau summarized the site walk held the previous week at 4:30 p.m. Most Board members, the
applicant's representative, and Planning and Code Enforcement staff attended, along with a few
members of the public. Discussion covered the soil amendment needed to meet density requirements,
where somewhat poorly drained soil had to be remediated to moderately well drained soil, and a brief
review of the lot lines.
Neil Rapoza of Civil Consultants presented on behalf of the applicant. He explained that the original
subdivision created one single-family lot and a 12-unit multifamily development on the remainder.
The owner has since acquired additional land from a neighbor through a lot line adjustment, providing
the density for one more single-family lot. The new lot has minimum frontage on Megans Way, and
its configuration requires the building to be set back from the road to achieve minimum lot width,
similar to the neighboring lot. The two soil areas were remediated, and the site evaluator has
confirmed that the plan meets density requirements. Mr. Rapoza stated that the remaining land is fully
used for density and cannot be developed further under current regulations.

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Board discussion included:
Whether the waivers granted with the 2016 approval still stand. The application states that the eight
waivers on the approved plan are to remain in place. James Bellissimo recommended evaluating the
waivers in terms of the one additional lot, not the separate proposed subdivision beyond it. A Board
member noted that several waivers, including road width, sidewalks, and granite curbing, were
granted on the basis that the road would not extend further, and that sidewalks were waived partly
because trails were to be provided in the wooded area, which have not been built. The Board asked
that these waivers be kept in mind when the proposed extension comes before it.
Road width of 18 feet. Board members were told the Fire Department was consulted at the time of the
original approval.
Maintenance responsibility. Megans Way is a private road owned and maintained by the applicant.
The Board requested a written agreement or condition stating that the applicant and its successors and
assigns are responsible for maintenance of the road, including snow removal, and of stormwater and
other shared infrastructure.
Fire protection. Board members felt this should be addressed through the Planning Board review.
Open space. A Board member asked that remaining open space be protected.
Accessory dwelling units. James Bellissimo will confirm current state law on whether ADUs could be
added.
A request for sidewalks on the new lot. A Board member noted sidewalks there would not connect to
anything, and that they should have been placed along the multifamily side from Cemetery Road.
Jeff Brooks was recognized as a voting member.
Motion: Daniel Hook motioned to find the application complete.
Second: Rick Raynes
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Daniel Hook; George Claassen; Jeff Brooks; Niles Schore
Opposed: None
Abstain: None

• Land Use Ordinance Amendments
James Bellissimo presented a draft of data center regulations for discussion purposes only. He noted
that North Berwick is moving to prohibit data centers, and that the Town's attorney advised that a
prohibition is permissible if supported by stated reasons. The draft adds a definition and performance
standards covering decommissioning, water use, electricity, and screening, along with a 1,000-foot
setback, comparable to the setback for cannabis.
Board discussion included noise from cooling equipment, cooling system types and water demand, the
lack of municipal water in the RC/I Zone, 500 Portland Street as an example of a site that could
accommodate a data center, and the limited likelihood of profitable operation given Central Maine
Power rates. A moratorium was raised. Ms. Fecteau stated that a moratorium should come from the
Select Board, not the Planning Board. Board members suggested adding:
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A provision for on-site power generation
A noise study that accounts for backup generators
A performance standard for biological testing of bacteria in closed-loop cooling systems

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The Board confirmed the public is welcome to comment on ordinance amendments during public
comment or by letter. The expected process is a Planning Board public hearing in February, a
Select Board hearing in March or April, and a town vote in June. No action was taken.

UnfinishedBusiness
• Planning Board Policies & Procedures
The Board reviewed proposed amendments to update board composition and quorum to match
the Land Use Ordinance, which reduced the Board from seven members to five regular members
and two alternates. The Board currently has six regular members and one alternate and will
transition to five and two as terms end. George Claassen stated that a quorum of four would hold
the Board to a higher standard and asked what would happen if the Board voted against the
change. Other members responded that the Policies and Procedures must conform to the Land
Use Ordinance, and that alternates are seated when regular members are absent. Board members
also noted that a quorum of any size constitutes a meeting requiring public notice, and cautioned
members against using reply all on Board emails.
Motion: Niles Schore motioned to approve the Polices & Procedures
Second: Rick Raynes
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Daniel Hook; George Claassen; Jeff Brooks; Niles Schore
Opposed: None
Abstain: None
Rick Raynes suggested the document reference the Land Use Ordinance for board composition rather
than stating specific numbers. James Bellissimo recommended tabling the item so he can return with
language that references the ordinance, and check with the Town's attorney on whether a minimum
number of members may be required for final approvals of major subdivisions or site plans, and on the
effect of the Board voting against conforming changes.
Niles Schore withdrew his motion. The item was tabled.

Public Comment
Informational Items
Rick Raynes said that Section 11.10 of the performance standards requires the Board to consider an
applicant's financial capacity and technical ability, including violations of previous approvals. The
member expressed concern about applicants who have not completed approved projects coming back
with new applications, and noted the Board currently has two such applicants.
Mr. Raynes also said the Shoreland Zoning map has not been updated in 12 years, and the Land Use
Ordinance delineates wetlands using the 1987 Army Corps of Engineers manual, which was
supplemented in 2012. A pond north of Hatfield's Pond is mapped by the Maine Department of Inland
Fisheries and Wildlife as Inland Waterfowl and Wading Bird Habitat but does not appear on Berwick's
map and recommended updating the Shoreland Zoning map.

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Adjournment
Motion: Daniel Hook motioned to adjourn.
Second: Niles Schore
VOTED – 6-0-0 in favor, Motion Passed.
In favor: Rick Raynes; Nichole Fecteau; Daniel Hook; George Claassen; Jeff Brooks; Niles Schore
Opposed: None
Abstain: None

Signed as Approved by the Board:

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Chair

10-05-2026
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Date