7. Risbara Properties, LLC requests a preliminary subdivision review for 31 Dresser Road, Assessor s Map R31, Lot 18*

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1 SITE VISITS Tuesday, July 11, 2017, at 5p.m., the Planning Board will conduct site visits beginning at property located at 31 Dresser Rd. Following the first site visit the Planning Board will continue to 203 Holmes Rd. REGULAR MEETING AGENDA Planning Board July 17, Call to Order (7:00 P. M.) 2. Roll Call 3. Approval of Minutes (June 26, 2017) 4. Martin's Point Health Care, requests an amended site plan review, 153 US Route 1, Assessor s Map U47, Lot 92* 5. KGN Properties, LLC request a site plan review for LOL, a daycare facility at 79 County Road, Assessor s Map R15, Lot Risbara Properties, LLC request a subdivision and site plan review for Carrier Woods Apartments, a residential subdivision at 79 Mussey Road, Assessor s Map R55, Lot 18* 7. Risbara Properties, LLC requests a preliminary subdivision review for 31 Dresser Road, Assessor s Map R31, Lot 18* 8. Black Point Holdings, LLC requests a sketch plan review for a new multi-tenant building at 20 Black Point Road, Assessor s Map U43, Lot E & F Limited Liability Company, requests an amended site plan review for Land Rover Jaguar, 371 US Route 1, Assessor s Map U39, Lot 46A* 10. Matthew Chamberlain requests a preliminary subdivision review for Yellow Birch Estates, 203 Holmes Road, Assessor s Map R23, Lot 16* TABLED 11. Staff Report 12. Administrative Amendment Report 13. Correspondence 14. Planning Board Comments 15. Adjournment *Public comment will be allowed on this item. Page 1 of 10

2 Planning Board July 17, 2017 MINUTES Members Present Staff Mr. Fellows Mr. Chace, Senior Planner Ms. Saunders Ms. Patterson, Recording Secretary Mr. Beeley Ms. Blanchette, Town Engineer Ms. Hendrickson Mr. DuPerre 1. Call to Order Mr. Fellows called the meeting to order at 7:00 PM. 2. Roll Call The recording secretary called the roll; Mr. McGee and Ms. Auglis were absent. Mr. Fellows stated that in their absence, Ms. Hendrickson and Mr. DuPerre are voting members. 3. Approval of Minutes (June 26, 2017) Mr. Beeley made a motion to approve the June 26, 2017 minutes; Ms. Hendrickson seconded. Ms. Saunders stated she had a change to the minutes and will provide the changes to the recording secretary. Vote was unanimous Martin's Point Health Care, requests an amended site plan review, 153 US Route 1, Assessor s Map U47, Lot 92* Mr. Chace informed the Board that the applicant is before them for a site plan amendment to expand the parking field by 20 spaces. Mr. Chace stated the site is Martin s Point Healthcare on Route 1. Kylie Mason with Sebago Technics is representing the applicant. Ms. Mason stated that the additional spaces will be at the back of the parking field and they will be relocating trees and lights, however if needed they will add additional buffering. Mr. Fellows opened the public comment. There was no public comment. Ms. Saunders asked what the percentage of run off will be captured on site with the improvements, including porous pavement. Ms. Mason did not have that total. Mr. Fellows asked what the level of parking was before on the sight and what the parking is with the proposed additional 20 spaces. Ms. Mason stated the previous parking was around a 100 spaces and the site is currently less than that and a less intensive use. Mr. Fellows stated that even with the additional 20 spaces it is less impervious area and less impactful to the site. Ms. Blanchette offered that the goal for the redevelopment site was to provide water quality treatment for 50% of the site. Ms. Mason stated that this goal had been exceeded. Page 2 of 10

3 Mr. Fellows made a motion to approve the amendment to the Martin s Point Healthcare site plan as depicted on the plan set dated The proposed amendment adds 20 parking spaces and associated infrastructure improvements to the existing site, and based upon Board review has been found to meet zoning and site plan review ordinance standards. Ms. Saunders seconded the motion. Vote was unanimous KGN Properties, LLC request a site plan review for LOL, a daycare facility at 79 County Road, Assessor s Map R15, Lot 78 Mr. Chace reminded the Board that the application is for a 5,000 square foot daycare facility designed for a capacity of 75 students in the TVC 2 District. Mr. Chace turned it over to Ms. Blanchette to address some of the Boards prior meeting concerns. Ms. Blanchette stated that staff has met with the applicant with the primary focus on traffic along the Route 22 corridor. Ms. Blanchette stated that the Town understands this is a bigger issue that will need to be addressed by more than just one developer. Ms. Blanchette stated that the immediate concern with this particular site is the left hand turns out of the site and then the left turns from Saco Street onto County Road. Ms. Blanchette stated she did a site visit with the Public Works Department to look at what was possible to help with the left hand turns. Ms. Blanchette stated that an exclusive left turn lane from Saco Street onto County Road was the short term solution to help the facility function from day one. Ms. Blanchette stated there is a cost and that the applicant has agreed to pay a portion of those costs. Ms. Blanchette stated that the easements were also discussed with the applicant and even though there are no sidewalks or plans today, this is an area in Town that would be looked at for sidewalks in the future based on the zoning. Ms. Blanchette stated the applicant has agreed to the easements along Saco Street and County Road. Vinal Applebee with The Sheridan Corporation is representing the applicant. Mr. Applebee stated that Mr. Chace and Ms. Blanchette covered most of the outstanding issues and the only additional information he would add is that they added more landscaping to enhance the parking field. Mr. Chace reminded the Board that the site is also on the Town s historic preservation list and the applicant has made an agreement with the Historic Preservation Committee. Ms. Hendrickson questioned the additional removal of two mature trees. Mr. Applebee stated that burying the propane tanks and expanding the bio cell was the reason for the removal. Mr. DuPerre asked for clarification on the left turn lane onto County Road. Ms. Blanchette stated there is currently no signalized left arrow onto County Road and this update will provide that. Ms. Saunders and Mr. Fellows thanked the applicant and representative for their collaboration with the Town on this project. Mr. Fellows moved to approve the application of KGN Properties, LLC represented by Sheridan Corp., under Chapter 405 Zoning Ordinance and Chapter 405B Site Plan Review Ordinance with the following findings and conditions. Page 3 of 10

4 Findings KGN Properties, LLC proposes to develop property located at 79 County Rd. The site is approximately 3.8 acres and is located within the Town and Village Centers Transition District (TVC2) zoning district, as well as the Aquifer Protection Overlay District. Further the property is identified on the Town s historic preservation list within the Zoning Ordinance. The redevelopment includes a 5,000SF (+/-) daycare facility with a capacity to serve up to 75 students. The site improvements also include parking, walkways, fire access drives, landscaping, stormwater infrastructure and related amenities. The Planning Board has reviewed the application and supporting documentation and finds that the proposed design of the site plan adequately addresses the Site Plan Review Ordinance, Zoning Ordinance and Design Standards requirements for site utilization and layout, access, internal vehicular movement, pedestrian ways, landscaping, stormwater management, architecture, signage, utilities, and storage. Further, the Board has considered the proposed actions to address the historic preservation requirements and finds the actions acceptable. Conditions: 1. Prior to the issuance of a building permit the applicant shall: a) Execute and record the Maintenance Agreement required by the Post-Construction Stormwater Infrastructure Management Ordinance; b) Provide revised plans to address comments in Planning Staff s and Woodard & Curran s memos. The plans may be reviewed and approved by staff. c) Pay mitigation fees which include: a. $5,000 for the historic preservation agreement; b. $5,000 towards traffic mitigation at the County Rd. and Saco St. intersection; c. traffic impacts fees in accordance with Maine traffic Resources memo dated February 21, Prior to the issuance of certificate of occupancy the applicant shall execute the necessary documentation for the sidewalk easement along County Rd. and Saco St. 3. A preconstruction meeting is required before start of construction. The meeting shall include appropriate Town Staff, the developer and their contractor, and utility company representatives if applicable. The preconstruction meeting may be scheduled in coordination with the Town Engineer. Ms. Hendrickson seconded the motion. Vote was unanimous Risbara Properties, LLC request a subdivision and site plan review for Carrier Woods Apartments, a residential subdivision at 79 Mussey Road, Assessor s Map R55, Lot 18* Mr. Chace reminded the Board that the applicant received preliminary approval in May. Mr. Chace stated that the site was part of a rezoning and now is primarily in the TVC 3 and partially in the VR 2 and Aquifer Protection District. Mr. Chace stated that the Board is responsible for determining if the project is eligible for the Growth Management Ordinance for allocation of permits from the reserve pool. Mr. Chace stated that clarification was needed on the timing of the affordable housing component and phasing. Mr. Chace stated that the applicant is working with the DOT on the left hand lane design on Mussey Road. Page 4 of 10

5 Ms. Blanchette stated that the stormwater systems should be in place to support what is being built for each separate phase. Jim Fisher with Northeast Civil Solutions is representing the applicant. Mr. Fisher addressed staff comments. Mr. Fisher informed the Board that all the infrastructure for the site will be completed in Phase 1 along with buildings 1 and 2. Mr. Fisher stated that the affordable housing units will be in buildings 1, 3, 5 and 7. Mr. Fisher stated they are still working on the left hand turn lane in Mussey Road and would like final signage to be a condition of approval. Mr. Fellows opened the public comment. There was no public comment. Ms. Hendrickson questioned if the maintenance building was now a storage building. Mr. Fisher stated it was. Ms. Hendrickson asked about the side and rear fencing. Mr. Fisher stated it was split rail on the side and chain link on the rear. Ms. Hendrickson stated she liked the sense of community with the gardens, dog walk area and how the design harmonizes with the land. Mr. Beeley asked about the Growth Management Ordinance. Mr. Chace gave a quick overview of what the applicant was choosing to do. Mr. Chace stated the applicant will pay an in-lieu of fee for 5 units and construct the remaining units. Mr. Fellows moved to approve the application of Risbara Properties, LLC, represented by Northeast Civil Solutions, under provisions of Chapter 405 Zoning Ordinance, Chapter 405B Site Plan Review Ordinance and Chapter 406 Subdivision Ordinance with the following findings and conditions. Findings Risbara Properties, LLC proposes to develop property identified on the Town of Scarborough tax maps as Map R55, lot 19 and a portion of R 55 lot 19A. The site is approximately 11.7 acres with access off of Mussey Rd. The property is located within the Town and Village Centers Fringe District (TVC3), Village Residential 2 District (VR2) and the Aquifer Overlay Protection District. The proposed development includes the construction of a seven residential buildings, consisting of 84 total units along associated infrastructure improvements. The development includes provisions under section VII.C of the zoning ordinance for determining residential density factors as well as affordable housing. In accordance the Chapter 405, Growth Management Ordinance, the Board finds that the project is eligible for allocation of growth permits from the reserve pool. The Planning Board has reviewed the application and supporting documentation and finds that the proposed design of the site plan adequately addresses the Site Plan Review, Subdivision and Zoning Ordinance requirements for site utilization and layout, density, site access, internal vehicular movement, pedestrian ways, landscaping, lighting, stormwater management, architecture, signage, utilities, and storage. Page 5 of 10

6 Conditions: 1. Prior to the issuance of a building permit the plan set shall be revised to address the items in staff comments related to lighting details, plan sheet notes and the phasing plan. Final plans may be reviewed and approved by Planning Dept. staff. 2. Prior to the issuance of a building permit the applicant shall: i.) Pay traffic impact fees; ii.) Execute and record the Maintenance Agreement as required by the Post- Construction Stormwater Infrastructure Management Ordinance. iii.) Pay the affordable housing in-lieu fee; iv.) Provide final design of the Mussey Rd. off-site improvements for approval by the v.) Planning Dept. Staff; Execute and record necessary documentation for the conveyance of the Honan Rd. right or way extension and associated snow storage easement. 3. Prior to the issuance of a building permit the applicant shall execute and record the declaration of affordable renter-occupied housing covenants. In addition, the initial development of the affordable housing units are to be developed not later than as follows: 1 unit in the first building, 1 unit in the third building, 1 unit in the fifth building and 1 unit in the final building. 4. A preconstruction meeting is required before start of construction. The meeting shall include appropriate Town Staff, the developer and their site contractor, and utility company representatives if applicable. The preconstruction meeting may be scheduled in coordination with the Town Engineer. 5. Final signage design to be reviewed and approved by Planning Staff in accordance with the provisions of signage standards. Ms. Hendrickson seconded the motion. Vote was unanimous Risbara Properties, LLC requests a preliminary subdivision review for 31 Dresser Road, Assessor s Map R31, Lot 18* Mr. Chace reminded the Board that the application is for a conservation subdivision in the RF District. Mr. Chace stated that the applicant is requesting a waiver of the road width from 24 to 22. Mr. Chace stated that a site walk was held on July 11. Nancy St. Clair with St. Clair Associates is representing the applicant. Ms. St. Clair informed the Board that they have a received a letter from the MeDEP stating that their application has been received and is complete and under review. Ms. St. Clair addressed the staff and peer review comments. Ms. St. Clair stated that an was received on July 10 from Ed Alden of 24 Dresser Road. Ms. St. Clair also noted that Mr. Alden attended the site walk on July 11. Mr. Fellows opened the public comment. Ed Alden, 24 Dresser Road stated he thought there was not going to be any street lights. Page 6 of 10

7 Mr. Chace noted that the Ms. St. Clair referred to was provided to the Board. Mr. Beeley questioned the removal of the pine trees. Roccy Risbara the applicant stated that anything in the right of way for the road will be cleared and due to the lot sizes a fair amount of trees will be removed. Mr. Beeley was ok with the request for a waiver on the road width. Mr. Beeley asked if the street light was a public safety issue. Ms. Blanchette explained that the town has a policy on street lights and where they are placed. Her review comment was specifically regarding a light at the intersection and not throughout the development. Ms. Blanchette stated that she often receives calls requesting that street lights to be placed at intersections similar to what the applicant is proposing and the application meets the Town s policy for a street light. So the question is whether we ask the developer to install the street light or wait for the residents that move into the development to request the street light, which the Town will then install. Ms. Saunders questioned the amount of wetland impacts and the total disturbed area and what was included in the total. Ms. Saunders stated that at a previous meeting she felt it was important due to the wetlands on site, that the HydroCAD model be peer reviewed and also questioned if the Conservation Commission was invited on the site walk. Ms. Saunders stated she has not seen enough information regarding the existing conditions on the site. Ms. Blanchette suggested the HydroCAD model be sent to her for review. Ms. Saunders questioned the 25 setback to upland buffers. Ms. St. Clair stated adjustments had been made and the 25 setback is met throughout the site. Ms. Saunders also asserted a wetland peer review of the site be done. Ms. Hendrickson referenced Mr. Alden s concern with the lack of road shoulders for pedestrian safety. Ms. Hendrickson mentioned considering a possible trigger or threshold be discussed as part of the Comprehensive Plan update to be able to address the need for pedestrian accommodation along these rural roads when new development is proposed. Mr. Fellows reiterated what fellow Board members had mentioned. Mr. Fellows made a motion for preliminary subdivision review approval for 31 Dresser Road, Assessor s Map R31, Lot 18; Mr. Beeley seconded the motion. Ms. Saunders wanted it noted that Ms. Auglis was absent and the trees and landscaping were only touched upon in the discussion. Vote was unanimous 5-0. Mr. Chace asked the Board for clarification on the request by one member for a peer review of the wetland delineation, as well as review by the Conservation Commission. Mr. Chace also asked about the street light and how the Board would like to proceed. Page 7 of 10

8 Ms. Saunders asked if there was a way to put money in escrow for the light. Staff stated they would look into it and there should be more discussion on this topic during the Final Subdivision review with the Board. The Board did not request a wetland peer review. Ms. Hendrickson stated as the liaison she would inform the Conservation Commission of the Conservation Subdivision application. 8. Black Point Holdings, LLC requests a sketch plan review for a new multi-tenant building at 20 Black Point Road, Assessor s Map U43, Lot 11 Mr. Chace stated the application is before the Board for a sketch plan review for a proposed development of a multi-tenant building located at 20 Black Point Road within the TVC 2 District. Ms. Blanchette stated that for the site, traffic and site access will be a challenge. Ms. Blanchette stated that there are existing capacity issues with the Oak Hill intersection and the Transportation Committee is currently looking at improvements. Ms. Blanchette stated that a provision was made with the former Belivita site for shared access for future development. Ms. Blanchette stated that the left turn lane into the site was designed specifically for the capacity of the Belivita facility and there is no room to lengthen the lane as it abuts the left turn lane from Black Point Road turning southbound onto Route 1 at the Oak Hill intersection. Ms. Blanchette stated that a lot of data, explanation, description and reassurance will be necessary to know that they can actually access/egress from the proposed site. Ms. Blanchette stated that this will need to be looked at globally to include Oak Hill and that the proposed uses may need to be limited for the proposed site based on site access and traffic volumes. Nancy St. Clair with St. Clair Associates is representing the applicant. Ms. St. Clair stated that Scarborough Family Chiropractic will be the anchor use of the site. Ms. St. Clair acknowledged that traffic and traffic movement are issues to the site. Ms. St. Clair stated that access management and control would be looked at closely. Ms. St. Clair pointed out an access entrance off Black Point Road further from the shared access with Atria (Belivita). Mr. Beeley questioned the need for the additional right in and right out access. Ms. St. Clair stated it would relieve the Atria entrance and provide additional delivery and emergency access. Mr. Beeley was leery of additional curb cuts off Black Point Road. Mr. Beeley stated he is on the Transportation Committee and they are looking closely at the Oak Hill area. Ms. Hendrickson questioned the positioning of the building on the lot. Ms. St. Clair stated it was to keep it as far from the existing Atria building. Ms. Hendrickson suggested a couple of ideas to break up the blank façade facing Black Point Road. Mr. Fellows read into record an Board member Susan Auglis sent regarding her concerns with the application. Page 8 of 10

9 Mr. Fellows reiterate what the Board had stated with the focus being on the traffic and access of the site. Mr. Fellows stated pedestrian safety should be considered as well. 9. E & F Limited Liability Company, requests an amended site plan review for Land Rover Jaguar, 371 US Route 1, Assessor s Map U39, Lot 46A* Mr. Chace informed the Board the applicant is requesting to amend the Contract Zone for the site. Mr. Chace reminded the Board that the site received a contract zone amendment in 2016 to increase the building size from 13,600 sf to 14,370 sf and is now seeking to increase the total to 15, 579 sf. Mr. Chace stated that the applicant is seeking preliminary approval subject to the Town Council amending the contract zone. Paul Ostrowski with Sebago Technics is representing the applicant. Mr. Ostrowski explained that the proposed project is to renovate and expand the existing dealership to comply with the current branding. Mr. Ostrowski stated that the expansion will include an additional service bay. Ryan Senatore stated the type of materials use for the project and provided samples for the Board to review. Ms. Hendrickson asked what would be on the second floor. Mr. Ostrowski stated a break room and mezzanine. Board members add no further issues with the proposal. Mr. Fellows took a Board vote and it was unanimous. Mr. Fellows stated that a positive recommendation would be made to the Town Council. 10. Matthew Chamberlain requests a preliminary subdivision review for Yellow Birch Estates, 203 Holmes Road, Assessor s Map R23, Lot 16* This application was tabled. 11. Staff Report Mr. Chace informed the Board that there are MMA courses available for Planning Board and Board of Appeals members and specifically one next Tuesday July 25 th in Saco. Mr. Chace stated that if any Board member would like to attend to let Ms. Patterson know. Ms. Blanchette reminded the Board that there is a public meeting on the Pine Point Area Transportation Master Plan, Tuesday July 18 th, starting at 6 P.M. at the Pine Point Fire Station. 12. Administrative Amendment Report There was no administrative amendment report. Page 9 of 10

10 13. Correspondence Mr. Fellows mentioned the s that were presented earlier in the evening from Ed Alden and Susan Auglis. 14. Planning Board Comments Mr. Fellows formally congratulated Mr. Chace on his new position as Town Planner. Mr. Beeley gave the Board an update on what the Transportation Committee was working on, specifically public transportation. 15. Adjournment The meeting was adjourned at 9:20 P.M. Page 10 of 10

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