Kennebunkport Planning Board
APPROVED Minutes of Meeting February 6, 2008
A regular meeting of the Planning Board was held on Wednesday, February 6, 2008. The meeting
convened at 7:00 PM at the North Street Fire Station.
Members Present: David Kling (Chair), Leo Famolare, Gordon Ayer, Kendall Burford, Russ Grady,
John Hathaway and Greg Reid
Minutes: The January 16, 2008, minutes were approved, with a minor addition to the 1802 House
section, to include that the Planning Board was concerned that the addition of a right-of-way across the
driveway, would expand a pre-existing non-conforming use.
Agenda Items:
1. (71102) MaryDilys Anderson & James Nelson - Site Plan Review for approval to alleviate water
seepage damage in the basement - [10 Church Street, identified as Assessor’s Tax Map 11, Block 002,
Lot 14 in the Village Residential, Resource Protection & Shoreland Zones and within the Critical Edge
overlay area] John Hathaway, Case Manager
Status: Public Hearing
Mr. Nelson recapped the plan to divert water away from the foundation of his house. Mr. Reid asked
where the water came in and how much came in. After an explanation, a motion was made by Mr.
Famolare and seconded by Mr. Grady, to approve the application. Findings of Fact will be presented at
the February 20, 2008, meeting.
2. (80101) Seaside Hotel Associates dba The Nonantum Resort/ Tina Hewitt-Gordon, Authorized
Agent - Site Plan Review for approval to remove a wall - [95 Ocean Avenue, Tax Assessor’s Map 08,
Block 001, Lots 13 & 13A in the Riverfront, Shoreland & Resource Protection Zones and within the
Critical Edge overlay area] Greg Reid, Case Manager
Status: Public Hearing
General Manager Tina Hewitt-Gordon presented a plan to remove a wall between two rooms on the
Main floor, thus creating one large dining space. She also detailed the additional parking that was
needed and showed a plan where it would be. Mr. Ayer made a motion to approve the application it
was seconded by Mr. Famolare, subject to the approval of the CEO as to the structure. Findings of Fact
will be presented at the February 20, 2008, meeting.
3. (80102) Cape Arundel Golf Club/ Pinkham & Greer, Authorized Agent - Site Plan Review for
approval to: construct a 20’ x 30’ pump house for the irrigation system; replace the two bridges over
the Kennebunk River inlets with 12’ wide, steel-framed bridges; and double the size of the man-made
pond on the property - [19 River Road Tax Assessor’s Map 12, Block 001, Lot 13 in the Village
Residential Zone and within the Critical Edge overlay area]
Status: Public Hearing
Tom Greer of Pinkham & Greer, showed a large drawings with an explanation of the layout and the
breakdown of the design in accordance with the existing topography and water areas. He explained
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why the changes were needed; including the difficulty in irrigating the Golf Course, and the fact that
damage could be done to the area by the yearly removal of bridges.
He stated that many of the Course areas are brown due to the lack of proper irrigation. They would like
to add two new bridges. They have to remove the existing bridges every year in the fall and that causes
damage to the course. In order to avoid having to keep removing the bridges, they want to put in new
metal bridges. The size of the existing retention pond will be increased and used for the watering of the
greens. Mr. Kling asked if this was a problem concerning the Critical Edge. The answer was no. The
Golf Course will get all the necessary permits, because this would allow them to control the water
levels in the pond and keep things on a more even basis. The applicant stated that the wells in the area
are insufficient to keep the water levels controlled. The Golf Course would work together with the
Town in order to control things such as runoff.
The applicant gave general descriptions of what was going to happen. He stated that near the 15th
green, there is an area near Locke Street that may need some blasting. Mr. Ayer asked about the
retention of water and the potential of any flooding the Locke Street area. The applicant stated that
there might be some standing water in that area, but that they were going to do what they could to keep
that area from flooding. He stated that the other areas will be draining the water towards the Course
and will discharge excess water into the inlets.
The major objectives of this entire four to five year plan are that the Golf Course wants to have enough
water to water the fairways on a regular basis. These areas would be shown as the elongated areas on
the plan and some are within the Critical Edge. He stated that they were going to have the pipes rather
shallow, so that they will not cause environmental damage. He also stated that they would keep the
fairways browner than normal, for some courses, in order to help the environment. He explained that
the storm drainage would have wider pipes than they have used previously, in order to prevent, or
lessen, the chance of any flooding and to help control the water. He stated that he has had
conversations with the Department of Environmental Protection and that so far they are in agreement
with the plans. He will continue to be in touch with the DEP if there are any changes within certain
distances of the existing inlets.
Mr. Hathaway asked whether there was a question of money and what is the effect the fact that this
will take four years in order to get this project complete. Mr. Shaw, the CEO, stated that the Golf
Course would have to renew the permits. Mr. Hathaway asked, “What if the rules change?” Mr. Shaw
answered that the DEP will permit items to be done every two years if necessary.
Mr. Reid asked if there would be any limiting to watering of the greens. Mr. Greer stated that the
watering would be done on a regular basis. The fairways will get more than they do now, but will still
be slightly brown. The Golf Course is trying to firm up the soil and the general area, especially where
there are hills. There was a discussion about the problem areas and the fact that the Golf Course does
not use fungicides.
Mr. Shaw brought up the fact that the Golf Course is a non-conforming use. Mr. Ayer stated that if the
Planning Board were to approve this, then it would not be non-conforming.
Mr. Reid asked, “Does this become an expansion of the Golf Course?” Mr. Shaw stated that it depends
on how you look at it.
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Mr. Kling stated that the new bridges would be a benefit because there would be no disturbance of the
land, as there is now with the removal of the bridges every year.
Mr. Shaw did say that he felt that, the Pump House would cause a disturbance.
Mr. Reid stated that the elevations of the Pump House would have to be monitored.
Mr. Greer stated that they were going to put in new underground power to the clubhouse and resurface
the road.
After discussions of what the Golf Course wanted to do and the worries of the Planning Board, it was
announced that Mr. Whitstanley would oversee the project. Mr. Whitstanly is the Vice-President of
the Golf Course.
Mr. Ayer moved that the application is complete, Mr. Hathaway seconded it and the vote was
unanimous. A Public Hearing was scheduled for February 20, 2008
4. (71003) Goose Rocks at Kennebunkport, LLC, d/b/a The Resort at Goose Rocks/ Sebago
Technics, Authorized Agent - Site Plan Review for approval to amend a previously-approved SPR by
reconstructing building 8 of the resort - [Rte 9/ Mills Rd, Tax Assessor’s Map 37, Block 002, Lot 02 in
the Goose Rocks & Free Enterprise Zones]
Status: Findings of Fact, revised & corrected
Mr. Ayer read the corrected Findings of Fact. Mr. Famolare moved to approve the Findings as
amended, it was seconded by Mr. Kling and the vote was unanimous.
Mr. Burford did not vote in order to be able to notarize the Findings
Other Business:
1. The Board received a letter from Tom Greer of Pinkham & Greer dated February 1, 2008, requesting
the Board to table their application “to a date certain”. After discussion, Mr. Ayer moved to table the
1802 to a date certain of June 4, 2008. Mr. Famolare seconded and the vote was unanimous. Mr.
Burford and Mr. Kling agreed that a letter sent to Mrs. Pearlmuuter, by the owner of the 1802 House
would be part of the record contained in the file.
2. Mr. Kling updated the Board regarding discussion with the Board of Selectmen to amend the
Contract Zoning article of the Land Use Ordinance. Mr. Kling will forward the latest version of the
proposal to Board members for review and input.
Adjournment: A motion was made to adjourn, it was seconded it and the vote was unanimous.
Submitted by: Kendall Burford, Planning Board Recording Secretary
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