Planning Board June 27, 2016 1. Call to Order (7:00 P. M.) 2. Roll Call 3. Approval of Minutes (June 6, 2016) AGENDA 4. The Planning Board will conduct a public hearing to receive comment on amendments to the Zoning Ordinance. This zoning ordinance amendment proposes to enable multi-family housing (buildings with three or more dwelling units) to be regulated in our TVC District (Town and Village Centers) by physical size (maximum building footprint, height, setbacks etc.) rather than number of dwelling units.* 5. The Planning Board will conduct a public hearing to receive comment on an amendment to the Town of Scarborough Official Zoning Map to rezone the parcel located off of Southgate Road identified as Map U37 Lot 3A as shown on the Town Assessor s Map from the General Business District (B3) to the Industrial District (I)* 6. Hospice of Southern Maine requests site plan amendment review for 11 Hunnewell Road, Assessor s Map U48, Lot 34* 7. E & F Limited Liability Company, Land Rover Jaguar of Scarborough, request a site plan amendment review as part of contract zone modification for 371 US Route 1, Assessor s Map U39, Lot 46A 8. 137 US Route One Scarborough Realty, LLC, Prime Mercedes-Benz, request a site plan amendment review as part of contract zone modification for 137 US Route 1, Assessor s Map U47, Lot 94 9. Town Planner s Report 10. Administrative Amendment Report 11. Correspondence 12. Planning Board Comments 13. Adjournment *Public comment will be allowed on this item. NO NEW ITEMS SHALL BE TAKEN UP AFTER 10:30 P. M.
Planning Board June 27, 2016 MINUTES Members Present Staff Ms. Auglis Mr. Bacon, Town Planner Mr. Mazer Mrs. Patterson, Recording Secretary Mr. McGee Mr. Beeley Ms. Saunders 1. Call to Order Mr. Mazer called the meeting to order at 7:01 PM. 2. Roll Call The recording secretary called the roll. Mr. Fellows, Mr. Wood and Ms. Saunders were absent. Mr. Mazer stated all members present will be voting members. Ms. Saunders arrived at 7:05. 3. Approval of Minutes (June 6, 2016) Mr. Beeley moved to approve the June 6, 2016 minutes; Ms. Auglis seconded; with two members abstaining (Mazer & McGee) no vote was taken and minutes were moved to the next meeting. 4. The Planning Board will conduct a public hearing to receive comment on amendments to the Zoning Ordinance. This zoning ordinance amendment proposes to enable multi-family housing (buildings with three or more dwelling units) to be regulated in our Village Residential Zones by physical size (maximum building footprint, height, setbacks etc.) rather than number of dwelling units.* Mr. Bacon reminded the Board that they recently gave a favorable recommendation to the Council for a similar request in the TVC District. Mr. Bacon stated that this current proposal is for the Town s village residential districts, which include the VR2, VR4 and TND districts. The proposal is to regulate the building size with a maximum building footprint of 7,500 square feet per building rather just regulating multi-family dwellings by the number of units per building. This amendment would allow for different unit sizes and bedroom counts, while ensuring buildings remain in scale with these residential zones and areas. Mr. Mazer opened the public hearing. There was no public comment. Mr. Mazer closed the public hearing. Mr. Mazer opened the item to the Board. Board members had no further comments. Mr. Mazer stated it is an excellent proposal. Mr. Mazer made a motion for a positive recommendation to the Town Council; Ms. Auglis seconded the motion.
5. The Planning Board will conduct a public hearing to receive comment on an amendment to the Town of Scarborough Official Zoning Map to rezone the parcel located off of Southgate Road identified as Map U37 Lot 3A as shown on the Town Assessor s Map from the General Business District (B3) to the Industrial District (I).* Karen Martin, Director of SEDCO explained to the Board that Mr. Raymond Labonte is seeking to change the property located on Southgate Road, Map U37, Lot 3A from B3, General Business to I, Industrial. Ms. Martin explained that Mr. Labonte would like to construct a single building with five units designed for manufacturers and other businesses needing a mix of warehouse/office space. Ms. Martin explained that this use is not allowed in the B3, but demand is high for this type of industrial space. Mr. Mazer opened the public hearing. There was no public comment. Mr. Mazer closed the public hearing. Mr. McGee asked if the abutters had been notified. Ms. Martin stated that they had been. Mr. Mazer made a motion for a positive recommendation to the Town Council; Ms. Auglis seconded the motion. 6. Hospice of Southern Maine requests site plan amendment review for 11 Hunnewell Road, Assessor s Map U48, Lot 34* Mr. Bacon informed the Board that the applicant is seeking to expand the existing square footage by 130 SF. Mr. Bacon explained that the hospice use is a special exception in the R2 District and the Zoning Administrator has determined that the extent of the proposed expansion is consistent with the Board of Appeal s approval of the site and only requires a site plan amendment by the Planning Board. Mr. Bacon explained the expansion is to provide more efficient and effective facilities at the site. Mr. Bacon stated that Staff has requested that the applicant provide information regarding the pond on site and that it is adequate for existing and proposed stormwater management. Mr. Mazer opened the public comment. There was no public comment. Mr. Mazer closed the public comment. Rebecca Dillon with Gawron Turgeon Architects is representing Hospice of Southern Maine. Ms. Dillon explained that the expansion will take approximately 6-8 weeks and during construction there will be a mobile kitchen on site. Ms. Dillon stated they had already met with the Fire Department on site for the best placement of the mobile trailer and that it will be on the southerly side of the building. Ms. Dillon addressed Staff s comments on stormwater and that it will be reviewed when the water is lowest which is usually in July or August. Ms. Auglis verified that the applicant had spoken with the Fire Department on the temporary mobile trailer placement. Ms. Saunders asked if the applicant had received an amendment in 2013 for the parking lot addition and asked if all the stormwater was going to the sedimentation pond at the time and did it need to be upsized. Ms. Dillon responded that it did not need to be upsized but they had to alter
the outlet control structure and a concrete cover. Ms. Saunders asked if there was a long term maintenance plan in place. Ms. Dillon responded yes and it is done annually. Mr. Mazer moved to approve the amended site plan application of Hospice of Southern Maine for the building addition at Gosnell Memorial Hospice House locate at 11 Hunnewell Rd. as proposed in materials submitted on their behalf by Gawron Turgeon Architects, plan set dated 5-24-16. The plans are hereby approved with the following conditions: 1. A preconstruction meeting is required. The meeting shall include appropriate Town Staff, the developer and their contractor and/or engineer. Preconstruction meeting is to be coordinated through the Planning Dept. A construction phasing plan shall be provided for review and approval as part of the pre-construction meeting process. 2. Prior to the issuance of a building permit approval from the Sanitary District is required. 3. Prior to the issuance of certificate of occupancy the applicant shall provide information to the Planning Dept. from their design engineer that the pond elevations are adequate for the stormwater from the site and that flow from the site is being controlled to predevelopment conditions. Ms. Auglis seconded the motion. 7. E & F Limited Liability Company, Land Rover Jaguar of Scarborough, request a site plan amendment review as part of contract zone modification for 371 US Route 1, Assessor s Map U39, Lot 46A Mr. Bacon reminded the Board that the applicant has been before them seeking to amend their contract zone and received preliminary approval on June 6. The applicant received approval from the Town Council on June 15 th for the proposed expansion provided it meets Planning Board approval. Mr. Bacon explained that Staff would like the applicant to consider adding street trees to their landscaping plan similar to the application the Board saw for Arlberg in an effort to enhance Route 1. Mr. Bacon reminded the Board there was concerns around display areas for vehicles for sale and that the plans should reflect the areas for consistency and compliance. Mr. Bacon stated that the Town Engineer has requested verification from the applicant s engineer that the stormwater facility onsite is functioning as designed and has been maintained. Paul Ostrowski with Sebago Technics is representing the applicant. Mr. Ostrowski informed the Board that the third amendment was recorded today. Mr. Ostrowski turned it over to Ryan Senatore for more detail on the architecture and design. Mr. Senatore reviewed the site design and explained how the Town s design standards were incorporated into the manufacturer s requirements. Mr. Senatore also presented the Board with the material that will be used on the exterior of the building. Ms. Saunders asked if the lighting met the Town s standards. To the question Mr. Ostrowski explained that they are using full cut off lighting. Ms. Saunders asked where construction traffic will enter and exit the site and how long construction will last. To the questions Mr. Ostrowski explained construction traffic will enter and exit from Route 1 and construction will last approximately 2 months. Ms. Saunders stated that tracking on and off the site could create a clean water act issue and recommended daily sweeping practices or no less than weekly. Ms. Saunders suggested the frequency of the sweeping be added to the plan set. Mr. McGee asked why the applicant was requesting a waiver for the traffic assessment. Mr. Bacon explained that the modest change does not increase customer or employee traffic. Mr. Ostrowski stated it is to update the facility. Mr. McGee was in favor of the waiver.
Ms. Auglis stated that historically vehicles for sale have been displayed in areas that were not approved in this contract zone and agrees that the plan sheets need to identify these areas clearly. Mr. Mazer stated it is upsetting when the Board approves an application and the applicant does the contrary of what is approved. Mr. Mazer stated he would like to see the Town Council or Town Manager have the code enforcement office, enforce the contracts. Mr. Mazer moved to approve the amended site plan application of E&F Limited Liability Company for the building addition at the Jaguar / Land Rover automobile dealership locate at 371 U.S. Route One as proposed in materials submitted on their behalf by Sebago Technics, plan set dated 5-16-16. The proposed expansion has received approval by the Town Council for the necessary contract zone amendments permitting the proposed site modifications and, based on the Board s review, the applicant has meet the review criteria of the Site Plan Review Ordinance. The plans are hereby approved with the following waivers and conditions: Waivers: 1. The Planning Board granted a waiver of the traffic assessment submission given the nature of this site plan amendment. Conditions: 4. Prior to the issuance of a building permit the plan set shall be revised to address the remaining items in the staff review report. Revised plans to be reviewed and approved by the Planning Dept. 5. A preconstruction meeting is required. The meeting shall include appropriate Town Staff, the developer and their contractor and/or engineer. The preconstruction meeting is to be coordinated through the Planning Dept. 6. Prior to the issuance of a building permit approval from the Sanitary District is required. 7. Two streets trees shall be added to the plan along the Route 1 frontage in coordination with Planning Staff. 8. Outdoor display of vehicles shall be located only in the delineated spaces as shown on the approved site plan. Ms. Auglis seconded the motion. 8. 137 US Route One Scarborough Realty, LLC, Prime Mercedes-Benz, request a site plan amendment review as part of contract zone modification for 137 US Route 1, Assessor s Map U47, Lot 94 Mr. Bacon reminded the Board that the applicant has been before them seeking to amend their contract zone and received preliminary approval on June 6. The applicant received approval from the Town Council on June 15 for the proposed expansion provided it meets Planning Board approval. Mr. Bacon explained that the Fire Department would like demarcation on the west side of the car wash, Staff would like the applicant to consider adding street trees to their landscaping plan, that Staff is still unclear on the roof run off of the facility and consideration given for the car wash design and detail be consistent with the remainder of the building as stated in their 2015 approval. Paul Ostrowski with Sebago Technics is representing the applicant. Mr. Ostrowski informed the Board that the applicant has submitted information to the sanitary district for review and has not heard back from them. Mr. Ostrowski stated the applicant is agreeable to the request made by the Fire Department to stripe the area on the west side of the car wash and the applicant will also post no parking signs.
Dave Richards with Gawron Turgeon Architects presented renderings showing what the overhead doors would look like from Route 1. Mr. Richards explained that the overall glazing is similar on the entire building. Mr. Richards informed the Board that additional landscaping was added at the north entry and the landscaping around the circular display areas were changed. Mr. Richards stated the applicant is amendable to adding street trees to their landscaping. Mr. Richards explained that the material used for the car wash is a proprietary system and if masonry is fastened into the product it will void the manufacturer s warranty and the manufacturer does not recommend it. Mr. McGee addressed the fact that the applicant did not provide clear direct responses to Staff comments. Mr. McGee was ok with the waiver request of the traffic report. Mr. McGee had no issues with the materials being proposed or the building visually. Ms. Auglis stated that the applicant s reason for not completing the prior approved landscaping plan was due to the future changes of the building. Ms. Auglis stated that she had contacted the Town several times to find out why the approved landscaping was not being done and had been told the applicant stated it is not the right time of the year for planting. Ms. Auglis stated the answerers are conflicting. Ms. Auglis question why the applicant is removing landscaping such as cherry trees, rose and bearberry bushes in three different places. Ms. Auglis stated that this is a contract zone and it is just that, a contract in which the applicant receives something from it and the Town receives something, yet she is unclear what the Town is getting from this. Ms. Auglis stated that there is an issue with the car wash bay and the design and that the applicant has stated it only affects this one bay. Ms. Auglis stated that the site already has two bays when there should be none. Ms. Auglis requested a peer review of landscaping for the site to determine if this project does or doesn t meet the Town landscaping requirements. Mr. Beeley stated he did not have an issue with the material proposed for the car wash and was glad to hear the applicant will add street trees in the landscaping. Mr. Beeley asked if there was a timeline on the landscaping plan. Mr. Mazer expressed concern with the applicant s lack of communication with Staff regarding their deviation from the originally approved landscaping plan. Mr. Mazer stated the applicant must communicate with Staff on all changes. Mr. Mazer stated that there is no licensed arborist on staff, but Staff has recommendations they can suggest to the applicant on the landscape plan. Ms. Auglis indicated that she still felt strongly about having a review by a peer reviewer on the landscaping and not by Staff. Mr. Beeley disagreed with Ms. Auglis and stated landscaping is more aesthetics unlike engineering or traffic studies with hard data. Ms. Saunders stated landscaping is more than aesthetics as it helps with erosion protection and stormwater treatment. Mr. McGee didn t feel a peer review was needed and that the Board could determine if what is proposed is sufficient. Ms. Auglis agreed with Mr. McGee but stated the applicant has failed to comply with the Board s requests and approvals and this is why she felt it necessary to request a peer reviewer. Ms. Saunders asked if there is a construction time line. To the question Mr. Doucette stated there is not. Ms. Sanders asked what the site stormwater features are. To the question Mr. Ostrowski answered there is a low lying detention pond. Ms. Saunders asked if there was inspection and long term maintenance plan in place. To the question Mr. Ostrowski answered yes there is one for internal use and it is not submitted to the Town. Ms. Saunders asked if the carwash will all drain internally. To the question Mr. Ostrowski answered yes.
Mr. Mazer moved to approve the amended site plan application of 137 US Route One Realty, LLC for the building addition as proposed in materials submitted on their behalf by Sebago Technics, plan set dated 6-13-16. The proposed expansion has received approval by the Town Council for the necessary contract zone amendments permitting the proposed site modifications and based on the Board s review, the applicant has meet the review criteria of the Site Plan Review Ordinance. The plans are hereby approved with the following conditions: 1. Prior to the issuance of a building permit the architectural plan set shall be revised and submitted to the Planning Dept. for review and approval of the details of the car wash portion of the building expansion. Materials and architectural features shall coordinate with the existing building materials. 2. The applicant shall provide a revised landscape plan including enhanced landscape features and street trees along the Route 1 corridor. Plans to be reviewed and approved by the Planning Board. 3. Prior to the issuance of a building permit the applicant shall revise the plans to address the staff comments related to stormwater management and vehicle display/parking areas. 4. A preconstruction meeting is required. The meeting shall include appropriate Town Staff, the developer and their contractor and/or engineer. Preconstruction meeting is to be coordinated through the Planning Dept. 5. Prior to the issuance of a building permit approval from the Sanitary District is required. Mr. McGee seconded the motion. 9. Town Planner s Report Mr. Bacon stated to the Board that he had a presentation on the Complete Streets Policy and was looking to the Board whether to present tonight or continue it for a later date. The Board unanimously decided to wait until a later date when all members are present. 10. Administrative Amendment Report There was no administrative amendment report. 11. Correspondence There was no correspondences. 12. Planning Board Comments Ms. Auglis stated she attended Build Maine and thought it was fascinating and stated she met people that will be useful with the new comprehensive plan. Ms. Auglis also stated that as a Board they need to be more vigilant with the Town Standards. 13. Adjournment The meeting adjourned at 8:50 P.M.