Planning Board May 15, 2017 1. Call to Order (7:00 P. M.) 2. Roll Call 3. Approval of Minutes (April 24, 2017) REGULAR MEETING AGENDA 4. Leighton Farm, LLC request the 3rd amended subdivision plan review for Leighton Farm Subdivision, Phase 1, Elmwood Avenue, Assessor s Map R57, Lot 1B & 3A* 5. Hugo Properties, LLC, requests an amended site plan review for 15 Washington Avenue, Assessor s Map R62,Lot 13* Tabled per the applicant 6. Commercial Place, LLC requests a master plan review for Enterprise Business Park, Assessor s Map U39, Lot 47-1 through 36* 7. Risbara Properties, LLC request a subdivision and site plan review for a residential subdivision at 79 Mussey Road, Assessor s Map R55, Lot 18* 8. Staff Report 9. Administrative Amendment Report 10. Correspondence 11. Planning Board Comments 12. Adjournment *Public comment will be allowed on this item. NO NEW ITEMS SHALL BE TAKEN UP AFTER 10:30 P. M.
Planning Board May 15, 2017 MINUTES Members Present Staff Mr. Fellows Mr. Chace, Senior Planner Mr. DuPerre Ms. Patterson, Recording Secretary Mr. Beeley Ms. Blanchette, Town Engineer Ms. Hendrickson Mr. McGee 1. Call to Order Mr. Fellows called the meeting to order at 7:00 PM. 2. Roll Call The recording secretary called the roll; Ms. Auglis and Ms. Saundrs were absent. In their absence Ms. Hendrickson and Mr. DuPerre were moved as voting members. 3. Approval of Minutes (April 24, 2017) Mr. Beeley made a motion to approve the April 24, 2017 minutes; Ms. Hendrickson seconded the motion. Vote was 4-0-1 with Mr. McGee abstaining. 4. Leighton Farm, LLC request the 3rd amended subdivision plan review for Leighton Farm Subdivision, Phase 1, Elmwood Avenue, Assessor s Map R57, Lot 1B & 3A* Mr. Chace explained to the Board that after a mortgage inspection of Lot 18, it was discovered that a portion of the structure was built in the rear setback. Mr. Chace stated the lot has a 15 setback and the applicant is seeking to modify the existing rear lot line while still maintaining the required 25 wetland setback as required for the conservation subdivisions. Vincent Maietta, the owner of Leighton Farm Subdivision explained that the intrusion is the 2 nd floor overhang in the back corner. Mr. Fellows opened the public comment. There was no public comment on this item. Mr. Fellows asked the applicant if he had considered Staff s comment on adding hardscape features to ensure the area is not encroached upon by future property owners. Mr. Maietta stated that they use iron pins for consistency throughout the project and that there is no other hardscape currently in the project area. Mr. Maiette stated he would rather not add hardscape to Lot 18. Mr. Fellows stated he was ok without the addition of hardscape on Lot 18. Mr. Fellows made a motion to approve Leighton Farm, LLC requests for the 3rd amended subdivision plan review for Leighton Farm Subdivision, Phase 1, Elmwood Avenue, Assessor s Map R57, Lot 1B & 3A; Mr. McGee seconded the motion. Vote was unanimous 5-0.
5. Hugo Properties, LLC, requests an amended site plan review for 15 Washington Avenue, Assessor s Map R62,Lot 13* This item was tabled per the applicant. 6. Commercial Place, LLC requests a master plan review for Enterprise Business Park, Assessor s Map U39, Lot 47-1 through 36* Mr. Chace reminded the Board that the applicant has been before them previously once for their Site Inventory and Analysis Phase, as well as an informal sketch plan. Mr. Chace informed the Board that the applicant is before them for the Master Plan review phase, which provides an overall development framework for the project. Mr. Chace stated that in February the Board had concerns about unknown future development of the commercial lots. Mr. Chace explained that ensuring the 60/40 split (60% commercial, 40% residential) may have to occur by codifying building sizes on the commercial lots to ensure zoning compliance. Andrew Johnson with Atlantic Resource Consultants is representing the applicant. Mr. Johnson stated that they are looking to build approximately 258 residential units. Mr. Johnson stated that the Town s ordinance allows for some flexibility and that he felt it was written this way for just such a scenario. Mr. Johnson stated that often he finds that clients looking for commercial properties seek properties where they will be able to expand. Mr. Johnson stated that restricting or codifying the commercial lots may have unintended consequences. Mr. Fellows opened the public comment. There was no public comment on this item. Mr. Fellows asked if Lot 30 was coded wrong in the information provided to the Board and if so would it throw off the calculation provided. Jason Vafiades with Atlantic Resource Consultants stated yes it was coded incorrectly and it would modify the calculation, however the error was minimal and not change the nature of the proposal. Mr. McGee asked if the lots were overestimated on the commercial. Mr. Vafiades stated they were calculated at the maximum. Mr. McGee asked if the residential component would be in phases, Mr. Vafiades stated he was not sure at this time. Mr. Chace stated that during site/subdivision plan review, administrative checks and balances would be in place to ensure zoning consistency and that the Board should look at the plan for general layout and consistency. Mr. DuPerre was ok with the way the project was heading, but had concerns with the effect it could have on the school system. Mr. DuPerre asked with so many new apartment projects being built in the town, has the Town looked at the effect it will have on the schools. Mr. Fellows stated that it is not within the Boards purview, and should not guide the Boards decision; however these core issues the Long Range Planning Committee and Council are considering. Ms. Hendrickson had questions regarding the entering and existing from and on to Route 1. Ms. Hendrickson liked the possible interconnectivity to Scarborough Downs. Ms. Hendrickson suggested some type of banking system for the commercial lots. Ms. Hendrickson stated that if one lot built over what potentially could be codified, could another commercial lot build less; Mr. Chace responded they could. Mr. Fellows stated he was generally comfortable with the plans, however he had concerns that the residential will get ahead of the commercial component. Mr. Fellows was hopeful a mechanism could be
created to help with the 60/40 build out split. Mr. Fellows also stated that the concern about the school system is valid and should be looked at. Mr. Fellows moved to approve Commercial Place, LLC requests for a Master Plan approval for Enterprise Business Park, Assessor s Map U39, Lot 47-1 through 36; Mr. Beeley seconded the motion. Vote was unanimous 5-0. 7. Risbara Properties, LLC request a subdivision and site plan review for a residential subdivision at 79 Mussey Road, Assessor s Map R55, Lot 18* Mr. Chace reminded the Board that the applicant had been before them in December for a sketch plan review. Mr. Chace stated that since that time at least two comprehensive reviews as well as many discussions between Staff and the project team have occurred, which has helped to limit the number of Staff comments and concerns. Mr. Chace stated that the applicant is proposing 84 residential units in 7 buildings. Mr. Chace informed the Board that the applicant is using density provisions in the ordinance to increase the number of units. Those provisions are the affordable housing and transfer development rights provisions. Mr. Chace stated that there is off site development along Mussey Road, including a proposed left hand turn lane and pedestrian connection to Gallery Blvd. Mr. Chace that the stormwater controls on site should be looked at to ensure there is adequate buffering to the on-site stream. Ms. Blanchette stated that the outfalls are within the 75 setback and can be permitted through DEP, however the Board typically is focused on enhancing buffers and that this is an opportunity to revisit the BMP s and see if some of the outfalls could be pulled away from the stream. Tony Panciocco with Northeast Civil Solutions is representing the applicant. Mr. Panciocco explained the parcel to the Board and audience. Mr. Panciocco stated that the parcel is in the TVC3 and VR2. Mr. Panciocco stated that the DEP and Mark Hampton recently re-evaluated the site wetlands. Mr. Panciocco explained that the application is for 84 units in 7 buildings with an 890 roadway, 147 parking spots, public water and sewer as well as underground electric and gas. Mr. Panciocco identified the amount of new impervious area that will be created as well as the disturbed area and wetland impacts. Mr. Panciocco explained that the stormwater wetland impact permitting is a Tier 1 and the permit by rule is needed for the pond outlets and approved by DEP. Mr. Panciocco explained that they are working with the DOT on a left hand turn lane and driveway entrance permit. Mr. Fellows opened the public comment. Shirley Curry, 91 Mussey Road, asked for an explanation of the pond outlets. Ms. Curry stated that her property is private undeveloped property and she is concerned with trespassing. Ms. Curry asked if the applicant would consider putting up a fence along her property line. Mr. Fellows acknowledged a letter the Board received from Scott White of 5 Honan Road with his concerns regarding the project. Ms. Hendrickson stated she liked the addition of the gathering areas and the pet friendly area. Ms. Hendrickson asked if the buildings will all be the same color. Mr. Risbara stated that it the intention to keep them uniform.
Mr. DuPerre asked Staff for an explanation for the 10 additional bonus units. Mr. Chace gave a summary on the affordable housing and transfer development rights provisions. Mr. DuPerre asked if a school impact fee is collected on the units. Mr. Chace stated yes, however it is prorated. Mr. Beeley asked if the applicant could consider some additional buffering or fencing to Ms. Curry s property. Mr. Risbara stated they would look at this issue. He also asked staff to clarify the comment made in review comments related to the snow removal at the end of Honan Road. Ms. Blanchette acknowledge that the developer has worked with staff regarding the ownership of the Honan Road rightof-way and has agreed to give the Town the end of Honan Road, which is currently an easement only. This transfer will allow the Town to fully maintain and hold ownership of the roadway. Is issue that is noted is that the proposed right-of-way will end at the edge of pavement. Ms. Blanchette explained that with Public Works winter operations the proposed sidewalk will most likely be impacted and covered by a snow back as it currently is located at the end of the town roadway. Mr. Risbara recognized the conflict and agreed to relocate the sidewalk and work with staff to ensure that winter operations would work for both the Town and the developer. Ms. Blanchette explained that she had spoken with Mr. White on the phone regarding his concerns with increased development in the area. She explained that the discharge from this project would be located downstream of the White property, however because of the wetland fill staff and the peer reviewer looked closely at the impact on stormwater associated with the loss of wetland area for runoff to be detained prior to discharging from the property or infiltrating into the ground. Ms. Blanchette specifically identified the sizing of the culvert that drains stormwater overflow from the wetland area, as to not impact the neighbors on Honan Road. Mr. McGee questioned the location of a sidewalk on the site and asked if that would increase pedestrian traffic to the Honan Road by creating a shortcut. Mr. Chace explained that this pedestrian connect to the Honan Road is in lieu of the developer building a sidewalk along Mussey Road between Honan Road and the proposed development entrance and that there is a benefit for the Honan Road neighborhood to have this connection to the proposed sidewalk network and transit system within Scarborough Gallery. Mr. Fellows agreed with comments and concerns by his fellow Board members, and asked that the pond outlet designs be looked at. Mr. Risbara stated the pond outlets have been approved by DEP, however he is willing to work with the Town to see if more could be done and also work with the abutter on recreating a deterrent for residents of the project from entering their property. Mr. Fellows made a motion for preliminary subdivision and site plan review for a residential subdivision at 79 Mussey Road, Assessor s Map R55, Lot 18; Ms. Hendrickson seconded the motion. Vote was unanimous 5-0. 8. Staff Report Mr. Chace informed the Board and audience that on May 23, 2017 there will be a Comprehensive Plan Kickoff, starting at 6:30 P.M. in Chambers A & B at the Town Hall. Mr. Chace also stated that on June 11, 2017 from 10 A.M. to 1 P.M. there will be the Higgins Beach Audit Open house at the Higgins Beach Clubhouse.
9. Administrative Amendment Report Mr. Chace stated that The Holy Donut received administrative approval to put a shed on the property. 10. Correspondence Mr. Fellows reminded the Board and audience about the letter received from Scott White, 5 Honan Road, regarding his concerns about the Mussey Road subdivision. 11. Planning Board Comments Mr. Beeley gave an update on the Transportation Committee. Mr. Fellows asked Staff for an update on Asian Fusion. Mr. Chace stated violation notices were issued and that they have a re-vegetation plan that must be complete by June 30, 2017. Mr. Chace stated that they will be before the Board in the coming months for a sketch plan review. 12. Adjournment The meeting was adjourned at 8:45 P.M.