By Nate Jones

Staff Writer 

Every day, Margaret Johnson spends a half-hour walking the haphazard footpaths behind South Portland’s Kingswood Park Condominiums “simply to stay alive.”

“If I stop, I’ll wither away,” she said. “It’s good to work, but you have to stay healthy.”

Last week, the South Portland Planning Board unanimously voted against a subdivision proposal that could have forced Johnson to walk in the breakdown lane rather than through the 17 acres of undeveloped woods between her home in Sunset Park and the Scarborough Turnpike connector. 

“I was shocked,” Johnson said. “I think when I first moved here they would have voted for it.”

On Tuesday, Planning and Development Director Tex Haeuser said Steve Berg, spokesman for the JDR Trust II – owner of the parcel – had withdrawn a proposal to rezone the property to allow construction of a 59-unit subdivision on the currently wooded lot. Haeuser said the withdrawal negated the need for the city council to accept or deny the planning board’s decision.

The proposed subdivision would have featured its own roadway system and duplex buildings that would be limited to tenants ages 55 and older, Berg said. He said the development would have maintained a 75-foot setback along the Scarborough Turnpike connector and disturbed less than half an acre of the 2.9 acres of wetland located inside the parcel. He said it also could have included a more intricate trail system than what is currently there. 

“I understand there are trails there now but it is not public – it is privately owned property,” he said. “We are willing to work with the South Portland Land Trust to make trail connections and will minimize tree cutting during construction.”

Berg’s attorney, Cito Selinger, discouraged the board and abutting neighbors from considering the nuisances of the actual development, including the increase in traffic for the Kingswood acess roads, as the city must first change the zoning of the parcel to accommodate Berg’s plans. 

“Focus on the policy in question: is this rezoning in accordance with the Comprehensive Plan?” Selinger asked. “South Portland’s goal is to permit duplexes in more residential districts and maximize open space as much as possible.”

The parcel is currently zoned Residential A, and last week Berg requested his property and the abutting Kingswood Park Condominium property both be rezoned Residential G to allow his development plans to move into the engineering phase. 

“Residential A, in general is single-family homes. It doesn’t allow for much in the way of business,” Haeuser said. “Residential G is a multi-family zone that does allow businesses.”

Haeuser said funeral homes, educational facilities, nursing homes and churches are all allowed within the Residential G zone.   

Selinger said Berg is allowed to request the zone change for the Kingswood development because of a pre-existing right-of-way through the property, the validity of which is currently being determined in court.

“It’s at least a horse race,” Corporation Counsel Paul Driscoll said of the right-of-way determination. “In my opinion, they do have adequate title right and interest to at least submit the application.”

Johnson has her own theory about Berg’s rezoning request.

Staff Writer Nate Jones may be reached at 282-4337 ext. 233.