Brunswick Planning Board Reconsiders 102 LLC Subdivision Waiver and Sketch Plan on February 24, 2026
Brunswick Planning Board Reconsiders 102 LLC Subdivision Waiver and Sketch Plan on February 24, 2026
The Brunswick Planning Board met on February 24, 2026, to reconsider case 2557, a subdivision waiver request and major development review sketch plan submitted by Little River Land Survey on behalf of property owner 102 LLC for a three-lot subdivision at 10 Moody Road (Map 10, Lot 10). The subject property is in the Rural Farm and Forest (RF) zoning district with Shoreland Protection Overlay, Shoreland Protection Stream Protection, and Aquifer Protection Overlay 3 designations. The board voted unanimously to reconsider both applications under the correct ordinance standards, denied the street design standards waiver, and approved the sketch plan.
Procedural Background
- The applications had been denied on February 10, 2026, after the board applied the private street waiver criteria in Chapter 14, Section 14-187, concluding that the waiver criteria had not been met and that additional dwelling units would worsen road safety.
- Staff later determined that Moody Road is a public street, so the waiver should be reviewed under Section 14-190, which requires the board to consider whether a hardship prevents compliance.
- The board voted unanimously to reconsider both the waiver request and the sketch plan.
Discussion Items
- Town Attorney Kristen Collins explained that street standards apply to all streets, including public streets, and that the waiver is required because the proposal exceeds the 25-unit maximum for a dead-end street. She noted the council's intent has been to avoid exacerbating development on dead-end streets.
- The applicant argued that the ordinance should not apply to a public road and that the hardship was the financial return on the purchased land and Brunswick property taxes. The applicant described three lots of roughly five to six acres each as a modest plan compared with what the ordinance would otherwise allow.
- Planning staff noted that the neighboring sister lot had already received a waiver for two dwelling units.
- Board members discussed that safety and fire concerns are not review criteria for a public-road waiver; the focus is hardship. They also noted the road already has 28 units on the public portion and 43 units total, nearly double the 25-unit limit.
- Town Attorney Collins said the undue hardship variance standard is not necessarily the standard here, but balancing the applicant's need for a reasonable return against the purposes of the ordinance is a fair consideration.
- Several board members said a single home on the 17-acre parcel would be a reasonable use, but three additional units were not justified, and any hardship was self-created by purchasing before obtaining the waivers.
Public Comments & Testimony
- Moody Road and Brunswick residents opposed the waiver. Sarah Stadniki described real traffic hazards, no sidewalks, and frequent close calls. Kate Maringer presented a map and estimated 164 daily vehicle trips on Moody Road, excluding deliveries and construction.
- Christine Angel said the applicant should have obtained approval before purchasing, as the neighboring buyer did.
- Susanna Rowe argued financial loss is not a valid hardship and that the application did not describe a lot-specific hardship.
- A resident named Jim asked whether a hardship narrative had been submitted.
- Jade Stewart, via Zoom, said the property could profit with one house and that a bad business decision should not justify a waiver.
- Patricia Dunning, Clay Bland, Wayne Krause, and Braden Ulster also opposed the waiver, citing safety, rural character, and the precedent of repeated waivers. Braden Ulster said he did not object to one home but opposed continual subdivision for profit.
- Sandy Upty Graft urged denial because of impacts on wildlife corridors, tree canopy, aquifer, and rural character.
Key Outcomes
- Motion to deny the waiver to exceed the maximum number of units on a dead-end road: passed unanimously.
- Motion to find the sketch plan application complete: passed unanimously.
- Motion to approve the major development review sketch plan: passed unanimously.
- The board noted that without the waiver, the final plan cannot be approved unless the applicant returns with a revised waiver request, such as for fewer units.
Meeting Transcript
Good evening. Welcome to the February 24th, 2026, Brunswick Planning Board meeting. Uh tonight, case number 2557, attend to LLC subdivision waiver request and sketch plan. I'll introduce members of the board. On my far right, Rob Burgess, uh Planning Board Vice Chair, next to Rob Steve Walker, next to Steve, Chris Baldwin on my near right, Laura Hatmaker. On my near left, Alison Harris. Next to Alison Julie Erdman, Director of Planning and Development. Next to Julie, Jimmy Dealman, principal planner, and next to Jimmy uh Matt James, our uh land use planner. Um so I'll turn it over to Matt to introduce um case 2557. We have case number 2557, 102 LLC subdivision waiver request and sketch plan. The planning board will reconsider its prior action on a street design standard waiver request and major development review sketch plan application submitted by Little River Land Survey on behalf of the property owner 10 to LLC for a three-lot subdivision. The proposed development exceeds the maximum allowable number of units served on a dead end road. So subject property is located on Moody Road, map 10 lot 10, and within the rural farm and forest or RF zoning district, the Shoreland Protection Overlay or SPO subdistrict, the Shoreland Protection Overlay Stream Protection or SPO SP subdistrict, and the aquifer protection overlay three or APO3 subdistrict. These applications were previously reviewed at the February 10th, 2026 meeting of the Brunswick Planning Board. The board reviewed and denied the street design standards waiver request application, concluding that the waiver request criteria for existing private streets found in municipal code of ordinances, Chapter 14, Section 14187 had not been yet, had not been met, as increasing the number of dwelling units would exacerbate road conditions detrimental to the safety of pedestrians, and that the plan could better conform with the requirements of the street design standards by constructing fewer dwelling units than proposed. Following the board's decision, staff observed that the section of Moody Road on which the subject property is located is a public street, not a private street, and is therefore subject to the criteria of section 14190. This section requires the board to review whether a hardship exists that prevents the project from complying with the ordinance. Staff are requesting that the board vote to reconsider and review uh the requested waiver under the appropriate standards. The board also reviewed and denied the major development review sketch plan application, finding that several items such as the location of building envelopes were missing from the plan. However, as outlined in the staff memo, sketch plans require a limited amount of detail and requirements, and so staff are seeking that the board reconsider their review of this application as well. In the reconsideration of the sketch plan application, the board should refer to appendix D, a summary of application requirements in the zoning ordinance, and provide general direction to the applicant about any applicable development standards. The sketch plan criteria in appendix D have been highlighted and provided in the packet. Staff uh are able to answer any questions, but at this point I think uh best if we uh turn the things over to our applicant um who I'm not sure if the applicant is here at the moment um but uh are they if you could uh just state your name for the the record. My Johnson, sorry, my voice decides what it wants to work and all recently, so I apologize if I'm hard to understand or hear. Um Jay Raitt from Little River will be here. He's on his way, he just got held up in traffic. Um I'll be honest with you. I I don't even know why we're here. It's a public road and in the ordinance. Um we've had our attorneys look at it. I've looked at it, I've had other engineers look at it, and it's not a private road. You know, there's legally, I don't see how you guys can stop us from putting three driveways in. Jay's got that information, he can go over that further when he gets here. Um but as far as we understood the last meeting, uh it was for the three driveways, and uh we were a little surprised it was for sketch plan as well, but I think we've ha have the information that we've provided at least meets the minimum for the town for sketch plan, and we do have all the information that you would need for final plan. Um if it so got to that okay. All right. Um before you continue, John. I'd I'll I'd make a motion that I'd like a motion from the board to reconsider the major development review sketch plan application number 2557 and the associated waiver request submitted by 102 LLC. Do I have a motion to that effect? Motion by Rob, second by Alison, all those in favor for reconsideration? That's unanimous of the board members here. Okay. Um would you think um Mr. Rate's going to add more substance to okay? So we'll we'll wait for the public may want to weigh in if you want to hear from them, but uh we we'll wait to have the public comment. Uh we'll just see how far the way it is. I can probably answer questions if you guys have questions. Okay. We'll start we we'll start with uh we'll start with the board. Rob uh you start off tonight.
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