WESTBROOK PLANNING BOARD TUESDAY, OCTOBER 2, 2018 MINUTES PUBLIC HEARING

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1 WESTBROOK PLANNING BOARD TUESDAY, OCTOBER 2, 2018 MINUTES PUBLIC HEARING Present: Ed Reidman, (Chair) (Ward 5), Rene Daniel (Vice-Chair) (At Large), Rebecca Dillon (Ward 1), Dennis Isherwood (Ward 2), Joseph Marden (Ward 3), John Turcotte (At Large), Kim Fickett (Alternate) Absent: Robyn Tannenbaum (Ward 4), Nancy Litrocapes (Alternate) Staff: Jennie Franceschi, Rebecca Spitella MINUTES MAY NOT BE TRANSCRIBED VERBATIM. SECTIONS MAY BE PARAPHRASED FOR CLARITY. A COMPLETE RECORDING MAY BE OBTAINED BY CONTACTING PLANNING AND CODE ENFORCEMENT at ext and lgain@westbrook.me.us. Ed Reidman explained the public hearing process. PUBLIC HEARING Site Plan / Village Review 16 Locust St DWN Asset Management: Discussion on a new duplex and parking area on an existing vacant lot. Tax Map:040 Lot:187B Zone: City Center District, Village Review Overlay Zone Public Hearing Opened Project Description: This project is a new duplex and parking area on an existing vacant lot. Typically a duplex would not require a Planning level review, however the reason this application is before the Board is because it is a new structure in the Village Review Overlay District and the overall area of new development exceeds 3,000 sq ft. The applicant is proposing a traditional layout for the duplex, with entryways for both units off the front face and the siding is proposed to be vinyl. The materials of houses in the vicinity are clapboard and vinyl. Project History: August 30, 2018 Neighborhood Meeting September 4, 2018 Planning Board Workshop September 6, 2018 Village Review Overlay Committee October 2, 2018 Public Hearing Staff Comments: Deliberation of agenda items, including workshops, that have not been commenced by the Planning Board as of 10:00 p.m. may be rescheduled to the next regularly scheduled meeting. Page 1 of 21

2 1. The applicant met with the Village Review Overlay Committee and received the following recommendations: o In favor of the colors as proposed o Widen the front steps to give the appearance of a singular entry way o Remove wall separating the two front doors o Front steps should be white (either stain or composite) o Rather than two windows that mirror the second floor, change the configuration of the first floor windows to an appropriately scaled picture window with two smaller double/single hung windows to provide a more interesting front façade. o Provide side lights associated with the front entry way o Adding shutters to sides of structure o Pathway to the front entry way should be paved. The applicant has submitted revised elevations for the Board s review that has responded to each of the Village Review comments 2. Locust Street grind and resurface trench cuts due to the number/location of utility lines 3. Coordinate with USPS on mailbox location Wayne Nelson presented the project to the Planning Board as a 2-unit building proposed on a vacant lot. There have been some modifications to the project based on feedback from the Village Review Overlay Committee and the Planning Board during the workshop. The front porch will either be composite decking or pressure treated wood with a white stain. The final color of the porch will be white. The building will sit 8-10 away from the street line so as to remain in line with the neighborhood. The site does not have a foundation drain and will connect to city stormwater design. The color of the structure will be coastal sage siding and harbored slate roof. Public Hearing Opened No comments from the public or Planning Board were presented Public Hearing Closed Ordinance / Zoning Map Amendment Business Professional Office District: Discussion on potential rezoning of the Business Professional Office District to increase conformity of the existing uses within the zone. PUBLIC HEARING Ordinance Description: Discussion on a potential rezoning of the Business Professional Office District parcels to increase conformity with the existing uses within those current parcels and place parcels in zoning districts that more closely meet the intent of the ordinances. (See attached maps for proposal) Ordinance History: August 6, 2018: Referral from City Council September 4, 2018: Planning Board Workshop October 2, 2018: Public Hearing Page 2 of 21

3 Staff Comments: The Business Professional Office District (BPOD) is on the East side of the community along Stroudwater St at the Portland City line. In the original proposal for the BPOD district, there was a significantly larger land area included for the BPOD but the zoning district area was reduced due to property owner complaints/legal actions/and or Contract Zoning amendments. The result of that process left a small zoning district that currently does not support the intent of the district envisioned, nor does it have the usable land area to conduct the minimum district requirements (20-acre lot). More than half of the remaining area is owned by the Maine Turnpike Authority and has significant wetlands on that parcel rendering utilization of the property in the future to be minimal. The lots along Stroudwater Street are small and contain mostly uses that are otherwise non-conforming to the BPOD district. There is one fragmented BPOD lot located at 540 Stroudwater Street that is a single-family home that was never changed during the course of the zoning amendments in this area and further the BPOD district renders this parcel to be a non-conforming use. Recently the Code Enforcement and the Economic Development Departments were approached by a property owner that wished to create a medical office in a structure in the BPOD area. Medical Office is not a permitted use in the BPOD which considering the area, did not seem to be an incompatible use with the neighborhood. It was at this juncture that the Codes Office surveyed the lots in the BPOD to determine what uses currently exist and which were conforming uses. Only one use in the area was deemed to be conforming. All other uses on these parcels were deemed to be non-conforming grandfathered uses. Current properties in BPOD current uses 1. Insurance office/business office 2. Real estate office/business office 3. Single family home 4. 2 Auto sales/repair/towing 5. 2 Landscaping/Service business Contractors/Service Business 7. Medical Office 8. Apartment The only conforming use in the Business Professional Office District zoning area is the business office (insurance office/real estate office), all other uses are nonconforming and therefore may not be altered or expanded. The current zoning also prevents these properties from being utilized for uses that are compatible with what exists, such as a medical office. In reviewing this information, and the limited area of the BPOD, the Administration moved forward a request to the City Council for a referral to the Planning Board to look at the zoning along Stroudwater Street and provide a recommendation back to the City Council on the best way to proceed at this juncture. Page 3 of 21

4 Before you tonight is a revised proposal based upon feedback from the Planning Board from the workshop to make map amendments to the Stroudwater Street area to better address current land uses as well as eliminate a zoning district that ultimately did not perform as intended. The attached maps show you the current zoning and the proposed rezoning which is described below: 1) Rezone the MTA parcel ( B) to Gateway Commercial District. (PURPLE ON MAP) 2) Rezone Parcels , , , A, , , to Highway Services District. (BLUE COLOR ON MAP) a. This would allow for Service Business & Medical Office Uses to be permitted and therefore ½ of all the uses would be permitted uses. Below is a comparison of the two districts uses. b. Allowable uses in the Business Professional Office District: i. Permitted Uses. The following uses are permitted in the Business/Professional Office Business Office Restaurant Class 2 Farm Retail Class I (restricted to 2,000 S.F.) Industry Media Studio Class 1 Media Studio Class 2 Neighborhood Grocery Municipal Facility Hotel Greenhouse or Florist Accessory Use Parking Facility ii. Conditional Use. There is one conditional use in the Business/Professional Office District: Child Care Center c. Allowable uses in the Highway Services District: i. Permitted Uses. The following uses are permitted in the Highway Services District as a Accessory Use Media Studio Class 1 & 2 Business Office Municipal Facility Car Wash Neighborhood Grocery Child Care Center Private Indoor Recreation Facility Day Care Center Restaurant Classes 1 & 2 Education Facility Retail Classes 1, 2, 3 Greenhouse or Florist Service Business Medical Offices* Veterinary Office or Kennel *(Ord. of ) ii. Conditional Use. The following uses are permitted in the Highway Services District as a conditional use under Section 204: Industry Retail Class 4 Church Club or Lodge 3) Rezone 540 Stroudwater Street ( ) to RGA2 which would make the existing home a conforming use again. (We have had a phone call with the property owners (Crandells) to inform them of this proposal for their property and the Crandells are in favor of the rezoning of their property to a residential district. (Yellow COLOR ON MAP) Jennie Franceschi gave a description of the amendment. Page 4 of 21

5 Public Hearing Opened No comments from the public or Planning Board were presented Public Hearing Closed 3. Call to Order. 4. Approval of Minutes. REGULAR MEETING Rene Daniel moved to approve minutes as presented. 2 nd by Dennis Isherwood The vote is unanimous in favor 7-0 UNFINISHED BUSINESS Subdivision/Site Plan Review 500 Spring Street Twin Falls Westbrook Housing Group, LLC: The applicant is proposing to develop 36 single-family residential house lots and four commercial lots along Spring Street. Tax Map: 008 Lot:008 Zone: Residential Growth Area 1 Item removed at the request of the applicant. NEW BUSINESS Site Plan / Village Review 16 Locust St DWN Asset Management: Discussion on a new duplex and parking area on an existing vacant lot. Tax Map:040 Lot:187B Zone: City Center District, Village Review Overlay Zone Staff Comments: 1. The applicant met with the Village Review Overlay Committee and received the following recommendations: o In favor of the colors as proposed o Widen the front steps to give the appearance of a singular entry way o Remove wall separating the two front doors o Front steps should be white (either stain or composite) o Rather than two windows that mirror the second floor, change the configuration of the first floor windows to an appropriately scaled picture window with two smaller double/single hung windows to provide a more interesting front façade. o Provide side lights associated with the front entry way o Adding shutters to sides of structure o Pathway to the front entry way should be paved. The applicant has submitted revised elevations for the Board s review that has responded to each of the Village Review comments Page 5 of 21

6 2. Locust Street grind and resurface trench cuts due to the number/location of utility lines 3. Coordinate with USPS on mailbox location Joe Marden Plans reference a survey but have not been stamped by a PE or Licensed Surveyor Jennie Franceschi The application does not a require a full boundary survey because it is not a subdivision. The plans are under this level of review because it is a new structure within the Village Review Overlay Zone and do not trigger subdivision standards. Rene Daniel move The Site Plan / Village Review application for DWN Asset Management to construct a new duplex and parking area located at 14 Locust St, Tax Map: 040 Lot: 187B Zone: City Center District and Village Review Overlay Zone. is approved with conditions and the following finding of fact, conclusions and conditions as stated on pages 2 through 4 of this Staff Memo dated September 28, 2018 are adopted in support of that approval. 2 nd by Kim Fickett The vote is unanimous in favor 7-0 Site Plan Finding of Fact: Utilization of the Site Adequate. Adequacy of Road System - Adequate. Access to the Site Adequate. Internal Vehicular Circulation - Adequate. Pedestrian and Other Modes of Transportation - Adequate. Stormwater Management Adequate. Erosion Control - Adequate. Utilities Adequate. Hazardous, Special and Radioactive Materials N/A Financial and Technical Capacity Adequate. The applicant has provided a letter of financial capacity from Sanford Institution for Savings dated September 19, Applicant has retained the services of Delfonso Engineering which demonstrates technical capacity. Solid Waste Adequate. Historic, Archaeological and Botanical Resources Adequate Landscape Plan Adequate. Conclusions: 1. The proposed site plan will not result in undue water or air pollution. 2. The proposed site plan has sufficient water available for the reasonably foreseeable needs of the site plan. 3. The proposed site plan will not cause an unreasonable burden on an existing water supply. 4. The proposed site plan will not cause unreasonable soil erosion or a reduction in the land s capacity to hold water so that a dangerous or unhealthy condition results. Page 6 of 21

7 5. The proposed site plan will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed. 6. The proposed site plan will provide for adequate sewage waste disposal. 7. The proposed site plan will not cause an unreasonable burden on the municipality s ability to dispose of solid waste. 8. The proposed site plan will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline. 9. The proposed site plan conforms to the duly adopted site plan regulation or ordinance, comprehensive plan, development plan, or land use plan. 10. The developer has adequate financial and technical capacity to meet the standards of this section. 11. The proposed site plan is not situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, Chapter 3, subchapter I, article 2-B M.R.S.A. 12. The proposed site plan will not alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water. 13. The proposed site is not situated entirely or partially within a floodplain. 14. All freshwater wetlands have been shown on the site plan. 15. Any river, stream, or brook within or abutting the site plan has been identified on any maps submitted as part of the application. 16. The proposed site plan will provide for adequate storm water management. 17. The proposed plan will not negatively impact the ability of the City to provide public safety services. Conditions: 1. Approval is dependent upon, and limited to, the proposals and plans contained in the application dated August 9, 2018 and supporting documents and oral representations submitted and affirmed by the applicant, and conditions, if any, imposed by the Planning Board, and any variation from such plans, proposals and supporting documents and representations are subject to review and approval by the City Planner or the Planning Board. 2. Consistent with Section 504.3, the Code Enforcement Officer shall not issue any permits until a site plan has been approved by the Planning Board and a Mylar signed by the Planning Board. Mylars must be submitted to the City within 90 days of Planning Board approval or the approval shall be null and void. 3. Prior to any site disturbance or building permits being issued for the project: a. All Staff comments must be addressed. b. Review of building elevations to be consistent with submitted documentation or testimony. c. A pre-construction meeting must be held with City Staff and the site work contractor. Contact the Planning Office to coordinate. d. The applicant shall provide the digital data as required by Section B.12 and 13. verification with GIS coordinator. e. Ability to Serve letter from Portland Water District submitted to Planning Department f. An inspection fee shall be made payable to the City of Westbrook for inspection of site improvements made by the Code Enforcement Officer and/or other appropriate City staff. This fee is required per Section of the Land Use Ordinances in order to cover the costs of inspection of site improvements - $379 g. The applicant shall file a performance guarantee with the City of Westbrook. The amount of the guarantee shall be agreed upon in advance with the City of Westbrook and shall be Page 7 of 21

8 of an amount to ensure completion of all on- and off-site improvements necessary to support the proposed project. A performance guarantee in the amount of $18,955 is required. h. Coordinate with the E911 Coordinator on addressing of the Units. i. Best management practices shall be adhered to during all ground disturbance operations. All Street Catch basins in the vicinity of earthwork operations shall have silt sacks installed & maintained for the duration of the work. 4. Prior to commencing any work in the City Right-of-Way, the applicant must obtain a road-opening permit from the Public Works Department. 5. Prior to the first Occupancy Permit issuance: a. A site inspection of the improvements by the City to ensure public health & safety is addressed and compliance with the approval. b. All site improvements must be installed, unless a performance guarantee amount is held in the amount of the remaining improvements. 6. Prior to release of the performance guarantee, the site will be in compliance with the approved plan and as-built plan provided in City approved format for the GIS system. The applicant shall comply with the requirements of local and state authorities for life and safety requirements Ordinance / Zoning Map Amendment Business Professional Office District: Discussion on potential rezoning of the Business Professional Office District to increase conformity of the existing uses within the zone. Staff Comments: The Business Professional Office District (BPOD) is on the East side of the community along Stroudwater St at the Portland City line. In the original proposal for the BPOD district, there was a significantly larger land area included for the BPOD but the zoning district area was reduced due to property owner complaints/legal actions/and or Contract Zoning amendments. The result of that process left a small zoning district that currently does not support the intent of the district envisioned, nor does it have the usable land area to conduct the minimum district requirements (20-acre lot). More than half of the remaining area is owned by the Maine Turnpike Authority and has significant wetlands on that parcel rendering utilization of the property in the future to be minimal. The lots along Stroudwater Street are small and contain mostly uses that are otherwise non-conforming to the BPOD district. There is one fragmented BPOD lot located at 540 Stroudwater Street that is a single-family home that was never changed during the course of the zoning amendments in this area and further the BPOD district renders this parcel to be a non-conforming use. Recently the Code Enforcement and the Economic Development Departments were approached by a property owner that wished to create a medical office in a structure in the BPOD area. Medical Office is not a permitted use in the BPOD which considering the area, did not seem to be an incompatible use with the neighborhood. It was at this juncture that the Codes Office surveyed the lots in the BPOD to determine what uses currently exist and which were conforming uses. Only one use in the area was deemed to be conforming. All other uses on these parcels were deemed to be non-conforming grandfathered uses. Current properties in BPOD current uses 1. Insurance office/business office 2. Real estate office/business office 3. Single family home Page 8 of 21

9 4. 2 Auto sales/repair/towing 5. 2 Landscaping/Service business Contractors/Service Business 7. Medical Office 8. Apartment The only conforming use in the Business Professional Office District zoning area is the business office (insurance office/real estate office), all other uses are nonconforming and therefore may not be altered or expanded. The current zoning also prevents these properties from being utilized for uses that are compatible with what exists, such as a medical office. In reviewing this information, and the limited area of the BPOD, the Administration moved forward a request to the City Council for a referral to the Planning Board to look at the zoning along Stroudwater Street and provide a recommendation back to the City Council on the best way to proceed at this juncture. Before you tonight is a revised proposal based upon feedback from the Planning Board from the workshop to make map amendments to the Stroudwater Street area to better address current land uses as well as eliminate a zoning district that ultimately did not perform as intended. The attached maps show you the current zoning and the proposed rezoning which is described below: 4) Rezone the MTA parcel ( B) to Gateway Commercial District. (PURPLE ON MAP) 5) Rezone Parcels , , , A, , , to Highway Services District. (BLUE COLOR ON MAP) a. This would allow for Service Business & Medical Office Uses to be permitted and therefore ½ of all the uses would be permitted uses. Below is a comparison of the two districts uses. b. Allowable uses in the Business Professional Office District: i. Permitted Uses. The following uses are permitted in the Business/Professional Office Business Office Restaurant Class 2 Farm Retail Class I (restricted to 2,000 S.F.) Industry Media Studio Class 1 Media Studio Class 2 Neighborhood Grocery Municipal Facility Hotel Greenhouse or Florist Accessory Use Parking Facility ii. Conditional Use. There is one conditional use in the Business/Professional Office District: Child Care Center c. Allowable uses in the Highway Services District: i. Permitted Uses. The following uses are permitted in the Highway Services District as a Accessory Use Media Studio Class 1 & 2 Business Office Municipal Facility Car Wash Neighborhood Grocery Child Care Center Private Indoor Recreation Facility Day Care Center Restaurant Classes 1 & 2 Education Facility Retail Classes 1, 2, 3 Greenhouse or Florist Service Business Medical Offices* Veterinary Office or Kennel *(Ord. of ) Page 9 of 21

10 ii. Conditional Use. The following uses are permitted in the Highway Services District as a conditional use under Section 204: Industry Retail Class 4 Church Club or Lodge 6) Rezone 540 Stroudwater Street ( ) to RGA2 which would make the existing home a conforming use again. (We have had a phone call with the property owners (Crandells) to inform them of this proposal for their property and the Crandells are in favor of the rezoning of their property to a residential district. (Yellow COLOR ON MAP) Rene Daniel Motion to recommend the proposed ordinance amendment for adoption by the City Council. (Motion initially read as proposed contract zone and later revised to proposed ordinance amendment by Rene Daniel) 2 nd by Dennis Isherwood The vote is unanimous in favor Subdivision Amendment Five Star Industrial Park Pike Industries Inc. The applicant is proposing merge parcels and adjust lot lines within the previously approved Five Star Industrial Park located along Eisenhower Drive. Tax Map: 005B Lots: 003 and Tax Map: 005 Lot: 011 Zone: Manufacturing District NEW BUSINESS Project Description: The applicant, Pike Industries, Inc. is proposing to reconfigure parcel lines for 3 abutting lots that it owns in the Eisenhower/Spring St area, two of which were part of a previously approved subdivision of the Five Star Industrial Park which is why this application is before the Planning Board. The two lots in the Five Star Industrial Park plan that are included in this request are Lots 1A and 8. The reconfiguration will take 3 lots and merge them into two lots as is shown on the 2 nd Amended Subdivision plan submitted by Sebago Technics. Please see attached application packet for further details, original subdivision plan and new survey plan. Due to the minor amendment proposed as part of this application, Staff has placed this item under regular business where the Board can provide a decision at this meeting. Project History: October 2, 2018: Planning Board Staff Comments: 1. Please show the Shoreland Zoning designation over the stream. 2. Please state the Developed/Landscaped areas for the remaining land of the existing lot. Matthew Ek presented the original subdivision to the Board and described the redistributing of lot lines to show a total reduction in lots by one lot. No comments from members of the Planning Board Page 10 of 21

11 Ed Reidman addressed the public. Is there anyone in attendance who would like to speak to this item? None noted. Kim Fickett moved The application for Pike Industries, Inc to amend the subdivision plan dated February 22, 1972 to reconfigure lot lines located within the Five Star Industrial Park, Tax Map: 005B Lot: 003 and Tax Map: 005 Lot 011 Zone: Manufacturing District is approved with conditions and the following finding of fact, conclusions and conditions as stated on pages 7 through 8 of this Staff Memo dated September 28, 2018 are adopted in support of that approval. 2 nd by Rene Daniel The vote is unanimous in favor 7-0 Subdivision Finding of Fact: Pollution and Sewer Disposal Adequate. Water - Adequate. Soil Erosion - Adequate. Traffic Adequate. Sewage - Adequate. Solid Waste Adequate. Aesthetics 1. Project to Site Adequate. 2. Project to Surrounding Property Adequate. 3. Landscape Design Adequate. 4. Lighting Adequate. 5. Signs Adequate. Conformity with Local Plans and Ordinances Adequate. 1. The proposal is in conformance with the Comprehensive Plan. 2. Subdivision Plan meets requirements of the Land Use Ordinance Financial and Technical Capacity Adequate. River, Stream or Brook Impacts Adequate. Conclusions: 1. The proposed site plan will not result in undue water or air pollution. 2. The proposed site plan has sufficient water available for the reasonably foreseeable needs of the site plan. 3. The proposed site plan will not cause an unreasonable burden on an existing water supply. 4. The proposed site plan will not cause unreasonable soil erosion or a reduction in the land s capacity to hold water so that a dangerous or unhealthy condition results. 5. The proposed site plan will not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of the highways or public roads existing or proposed. 6. The proposed site plan will provide for adequate sewage waste disposal. 7. The proposed site plan will not cause an unreasonable burden on the municipality s ability to dispose of solid waste. Page 11 of 21

12 8. The proposed site plan will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the municipality, or rare and irreplaceable natural areas or any public rights for physical or visual access to the shoreline. 9. The proposed site plan conforms to the duly adopted site plan regulation or ordinance, comprehensive plan, development plan, or land use plan. 10. The developer has adequate financial and technical capacity to meet the standards of this section. 11. The proposed site plan is not situated entirely or partially within the watershed of any pond or lake or within 250 feet of any wetland, great pond or river as defined in Title 38, Chapter 3, subchapter I, article 2-B M.R.S.A. 12. The proposed site plan will not alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water. 13. The proposed site is not situated entirely or partially within a floodplain. 14. All freshwater wetlands have been shown on the site plan. 15. Any river, stream, or brook within or abutting the site plan has been identified on any maps submitted as part of the application. 16. The proposed site plan will provide for adequate storm water management. 17. The proposed plan will not negatively impact the ability of the City to provide public safety services. Conditions: 1. Approval is dependent upon, and limited to, the proposals and plans contained in the application dated September 6, 2018 and supporting documents and oral representations submitted and affirmed by the applicant, and conditions, if any, imposed by the Planning Board, and any variation from such plans, proposals and supporting documents and representations are subject to review and approval by the City Planner or the Planning Board. 2. Consistent with Section 504.3, the Code Enforcement Officer shall not issue any permits until a site plan has been approved by the Planning Board and a Mylar signed by the Planning Board. Mylars must be submitted to the City within 90 days of Planning Board approval or the approval shall be null and void. 3. Prior to any lots sold: a. A copy of the registered amended subdivision plan needs to be provided to the Planning Office. The applicant shall provide the digital data as required by Section B.12 and 13. verification with GIS coordinator Conditional Use 1 Karen Drive One Karen Drive, LLC The applicant is proposing a Church as a change of use within an existing structure. Tax Map: 002 Lot: 050 Zone: Industrial Park District Item removed at the request of the applicant. Rene Daniel move to go to workshop 2 nd by Dennis Isherwood The vote is unanimous in favor 7-0 WORKSHOP Conditional Use 155 Warren Ave Delta Realty LLC The applicant is proposing a medical marijuana cultivation facility as a change of use within an existing structure. Tax Map: 046 Lot: 003A Zone: Industrial Park District Page 12 of 21

13 Project Description: The applicant is proposing a medical marijuana cultivation facility as a change of use within an existing, vacant structure. In addition to cultivation, the laboratory will use extraction techniques (Ethanol based extraction and heat presses) and the kitchen will produce edible products. The facility will employ 3 employees. No exterior alterations are proposed on the site. Project History: September 27, 2018: Neighborhood Meeting October 2, 2018: Planning Board Workshop Staff Comments: 1. With the requirement of the 3000 max for a facility, the division of the internal building components needs to be made for 2 facilities. Divide off one growing facilities and assign the remaining pieces to either permit. Application moving forward will need to be separate permits. 2. Provide a separate permit application form for the second medical marijuana facility with name associated with this facility. 3. Septic System need to show if the current system can support the use (Will need to use a pump system for sewer within unit.) 4. Neighborhood meeting required a. Send out notices to all the abutters b. Hold meeting before the Oct 2 nd workshop on site (Do not have to allow into structure) c. Provide City with a copy of the notice mailed to all abutters within 500, sign in sheet from meeting, minutes from meeting. 5. Security system final review of the system by Police dept (will need from Police) 6. Provide Emergency contacts to Dispatch (Condition of Approval) 7. Sprinkler system/ Fire Suppression needed in Lab and in the hoods in the Kitchen 8. Electrical system will require upgrade Allied Engineering will design upgrade. 9. Kitchen space will need to be walled off as its own area. 10. No retail sales permitted on site 11. Ventilation Applicant stated air in facility would be put through 2 filter processes before venting outside. Venting to be directed externally to create the least impact. 12. Proof of Pesticide license is required to be provided to the CEO Daniel O Connell described the project to the members of the Planning Board. Mr. O Connell is proposing to a change of use within an existing structure to operate a medical marijuana cultivation facility. As the structure is greater than 3000 square feet, there are two cultivation facilities proposed. No retail sales are proposed and Mr. O Connell understands this is prohibited under Westbrook Ordinance. One cultivation facility will be used primarily to grow marijuana and one will utilize the lab and kitchen to process and produce edibles. The applicant will upgrade the electrical system and utilize necessary fire suppression systems as required. Rene Daniel clarified the building location and division of the building. The existing building is approximately 2/3 warehouse and 1/3 office space. The proposed cultivation facilities will follow a similar layout with 2/3 cultivation facility operated by caregiver Brian Stone and 1/3 cultivation facility operated by Daniel O Connell. Daniel O Connell, answering questions from Rene Daniel and Joe Marden. No changes are proposed to the external site other than increased security and a dumpster location. No signage is proposed. The two cultivation facilities will employee 3 individuals, including the two licensed caregivers. Potential Board Actions for discussion: Page 13 of 21

14 The Board determined a site walk was not warranted. The Board will hold a Public Hearing following the submission of a completed final application to the Planning Office Site Plan 380 Main Street H.A. Mapes, Inc. The applicant is proposing to redevelop an existing gas station and office space to be a self-service gas station with convenience store. Tax Map: 040 Lot: 089 Zone: Residential Growth Area 1, Village Review Overlay Zone Project Description: The applicant is proposing to redevelop an existing gas station and office space to be a self-service gas station with convenience store. Project History: September 29, 2018 Neighborhood Meeting October 2, 2018 Planning Board Workshop Staff Comments: 1. Power needs to be underground to the building 2. Run Ladder Truck turning template on the site. 3. Fire Suppression system needed for the gas pump area. 4. Building will need a fire alarm system 5. State Permitting for the new tanks 6. Employee Parking out back is in conflict with back doors and deliveries 7. Access in and out of the site- one way in and one way out access closest to Lamb St needs to be the ingress. 8. Gas lateral connection to the site will require lane closures in Main St will require Police detail. 9. The materials & colors verify the elevations colors and the materials 10. State parking allowance on the plan including the spaces around gas pumps 11. VROZ meeting comments: a. Would like the dormers to be true dormers; do not support fake dormers b. Recommend the use of a metal awning for durability and color consistency c. Would like to see landscaping in the form of hearty vegetation or grasses in the landscape island along Main Street d. All accessible parking must be code compliant with an ADA stall and access aisle to the main entry way e. Vinyl fencing (dumpster enclosure) is not permitted in the Village Review Overlay Zone recommend chain link with privacy slats. f. In support of the development. Thinks the design and color choices will fit well within the neighborhood. Patrick Coflin, St. Germain Collins, described the project. The development will keep the canopy but fuel dispensrs will be removed/replaced. The existing nonconforming structure will be demolished and rebuilt as a conforming structure. The proposed fuel station will be upgraded to current MDEP standards and be in compliance with all state and local fire codes. Josef Chalat, St. Germain Collins, reviewed the architectural renderings with the Planning Board. The building was designed to meet the standards as outlined within the Village Review Overlay Zone. The windows may be functional, but this is not determined at this time. The building sites to the rear of the site behind the fuel station so colors were chosen to bring attention without overwhelming the site. The architect would prefer not to utilize false Page 14 of 21

15 dormers and instead have the dormers reflect a cathedral ceiling within the convenience store. However this has not been finalized with the developers. Kelly Purinton, 396 Main Street. Direct abutter to the development. Ms. Purinton s is in support of the site s redevelopment and likes the idea of a small convenience store, however is concerned about light and noise intrusion to her property. Ms. Purinton presented a list of request to the applicant. Would like gas dispensers to be silent and not play music or advertisements while dispensing gasoline No outdoor music Deliveries restricted to 8a 5p Security lights designed in a way that they do not enter her bedroom window (fronting Lamb Street) The fuel station will not offer vacuum services for vehicles No overnight lighting on the site. All signs/advertising lighting turns off by 11p. Patrick Coughlin in response to questions from Rene Daniel The project team does not include a landscape architect. The existing conditions of the site is mostly impervious, however the project does propose trees and other vegetation along Lamb Street to offer a visual buffer. Rene Daniel is in favor of reducing curb cuts along Lamb Street. Is in favor of the parking layout however is concerned that it is not sufficient for patrons of the convenience store. Is in favor of the redevelopment and believes it will be an improvement to the site. Would like a landscaping plan with the final application indicating the type and number of each plant proposed. Would like to see the location of all signage proposed. Patrick Coughlin in response to questions from Joe Marden - Is not aware of a requirement for an oil/water on site. The pad is designed to accommodate small spills of gasoline and that is generally sufficient. John Turcotte requested any comments from the neighborhood meeting be included with the final application submission. Patrick Coughlin in response to questions from Rebecca Dillon The type and location of lighting has not been finalized. Will be included with final submission. Potential Board Actions for Discussion: The Board determined a site walk was not warranted. The Board will hold a Public Hearing following the submission of a completed final application to the Planning Office Amended Site Plan, Subdivision & Conditional Use Rock Row (previously called Dirigo Plaza ) 58 & 80 Main Street Waterstone Properties Group: Jones & Beach, Inc. on behalf of Waterstone Properties Group, is proposing an amendment to a previously approved site plan for a 495,915 +/- square foot regional retail shopping center. The applicant is proposing an 8,000-seat amphitheater and parking area on the south parcel of the campus. Tax Map: 42B Lots: 9, 10, 11 & 14 Zone: Gateway Commercial. Project Description: The applicant is proposing an amendment to a previously approved site plan. The applicant is proposing an 8,000-seat amphitheater and parking area on the south parcel of the campus. This application and requested approval is specific to the South Campus ONLY. Project History: Page 15 of 21

16 November 17, 2015 Workshop: Introduction of the development March 1, 2016 Workshop: General overview of the project and focused on architecture and landscaping. March 15, 2016 Workshop: Discussion on site circulation and layout April 5, 2016 Workshop: Reviewed updates to architecturals, site layout, site amenities and provided information related to natural resources and utilities. May 3, 2016 Workshop: Reviewed the stormwater report, landscaping and other related topics. May 17, 2016 Joint Meeting with Portland: Recap of overall stormwater report and reviewed the Traffic report. July 19, 2016 Public Hearing: Entire application discussion open to the public and Board. a) The Board granted a waiver from the parking standards from 1,753 spaces to 1,414 spaces b) The Board granted a waiver from Section to permit all required subdivision plan information to be submitted in the plan set instead of on one subdivision. September 20, 2016 Workshop: Recap of MDOT s traffic mitigation permit. October 18, 2016 Old Business: The Board voted unanimous in favor 7-0 January 3, 2017 Site Plan Amendment: Amendment to construction phasing plan March 21, 2017 Site Plan Amendment: Amendment to construction phasing plan June 6, 2017 Site Plan Amendment: Amendment to construction phasing plan September 5, 2017 Site Plan Amendment: Amendment to construction phasing plan July 17, 2018 Workshop: Introduction to a revised master plan for the site August 21, 2018 Workshop Site Plan Amendment; Phase 1 September 18, 2018 Public Hearing Site Plan Amendment; Phase 1 October 2, 2018 Workshop: South Campus Amphitheater Staff Comments: 1) Traffic control plan a. The proposed set up of altering the lanes to be turning lanes i. Initial thoughts would be neck the road down to just two lanes of traffic. ii. Plans would need to be approved of by the PD, FD and Public Services. iii. Additional lighting at the intersection of Larrabee and Saunders would be necessary. iv. Would need to run this request by MDOT as Larrabee is an Arterial Road. b. All vehicular traffic to the site would be via Westbrook Arterial access drive. (Knox Box) c. All parking lots are proposed along Saunders Dr. d. Possible mitigation measures required at the intersections of Larrabee/Westbrook Arterial and Larrabee/Main to manage overflow traffic e. A barrier gate on the ends of the access road from the site to Larrabee would be necessary to keep vehicular traffic off and solely for pedestrian access. f. Thoughts on staffing for Public safety would be 12 officers on site, 4 on the intersection at Larrabee, 1 command officer. g. 2 Additional dispatchers would be needed for an event h. An additional field car would be needed i. FD staffing is currently estimated at 7 FF/EMT j. A Unified command center onsite would need to be provided (to include white board, tables, chairs, radio system would be brought in by PD.) Page 16 of 21

17 k. Due to the amount of staffing that was felt needed, Westbrook PD does not see how they would be able to staff events consistently as the amount of staffing needed total would be roughly ½ of the work force. i. Could look at mutual aid from an adjacent community ii. Cost of all PD/dispatch or mutual aid personnel would be cost borne by the Developer. iii. PD would have the final say on how many officers are required iv. Would have dates to prohibit events due to Major City Event (Together Days) 2) Structure a. Stage will need to be designed by a PE (stamped) b. Will need permits for tents. c. Fencing is needed around the entire venue and to separate the backstage area from public access. d. Jersey barriers will be needed along the access road side of the venue where the queue lines are to avoid an inadvertent car from running into a crowd of people. e. Will need a location for those detained by the Police on-site f. Surveillance video of on-site activities is required g. Only 1 way into the venue would be considered so that all attendees can be wanded. h. Evacuation Plan? i. Egress doors? j. State Fire Marshall review will be required k. The concession structures are self-contained units that are brought to the site. 3) Utilities a. Lighting of the Site is a major component, which would include the venue, the walkways, the parking lot adjacent to the venue, the driveway access to Larrabee, and to Arterial and along Saunders way to the parking areas and including parking lighting in the lots. b. Emergency lighting? c. Power to the site how will that be provided? Would be assuming full service being pulled into the site to service the electrical needs. (Underground) d. Water source - Some Self contained within bathrooms, or concessions and a public water line will be brought into the site. 4) Noise a. Still a significant concern and it is unclear how the threshold of the ordinance can be met. b. Previous operations did not continue into the evening hours. 5) Public Safety needs a. Ear pieces for all PD present b. UTV/golf cart; including one that is compatible to address a medical emergency (i.e. stretcher) 6) General questions a. There will be two stages (the main stage and a small single artist stage to the rear of the seating area. b. Pyrotechnics- Flame rating of stage area. Flame Spread Would require state permits i. Copy of permits to the FD and ability to view the test shots. c. Lazers if used would require appropriate FAA license/permitting. Page 17 of 21

18 d. Would need to discuss with JB Brown property at end of Saunders Way as to how to keep traffic from flowing out of their property onto Forest St. (Gate nearest Forest St access Knox Box) e. Show autoturn for access ways around site. f. A spill prevention plan would need to be provided g. Bathroom counts would need to be reviewed by Codes. h. $250 Sketch Plan fee and Final application Fee required i. Surface treatment under the chairs will be a peastone gravel. Jim Katsiaficas Chair Reidman, members of the Board, my name is Jim Katsiaficas, I m an attorney at Perkins Thompson in Portland. Thank you for your attention this evening in this workshop. We re here actually for amended site plan and conditional use approval and a waiver in parking spaces. We re not going to be looking at subdivision at this project. What we re talking about here is a temporary amphitheater for up to five years as a theater use which is allowed in the Gateway Commercial District. There is a three-walled building with a partial use to use as a stage. We re seeking approval for five years to provide for a time of a proof of concept. The season would run late May to early September. We certainly would not hold any events during Westbrook Together Days. We would be up to 30-events. In the first year we re proposing events so the developer, engineer and City can determine how to best put on a safe concert at this site. There are several features to discuss in greater detail. The amphitheater is situationed within the original Costco Footprint from the original development plan. There s a peremiter road for safety access. There are two entrances. The primary entrance for concert goers is from Larrabee Road. Truck, VIP and ADA access is from Westbrook Arterial. There s a paved parking area for VIP and ADA access. All the structures are proposed to be temporary as well sa utilities. There s offsite parking across Larrabee Road that we will talk about more later. We ve met with City Staff twice to discuss safety issues so all concerns are addressed. The next submittal should address all safety concerns identified by the City. So site plan amendment is what we re seeking to allow the changes that allow this use. We re seeking a waiver of the parking standards. Working with Live Nation, on average the attendance for a concert is 72%. This facility would hold 8,200 people maximum. Using the national average the venue will hold 5,900 people, on average. So we re asking the Board to grant a waiver to allow parking based on an attendance of 5,900. We re also asking the standard be changed to reflect what Live Nation has found is the national average, 3.5 people per vehicle. This would bring the parking requirement down to 1,687 and we are seeking a waiver to reflect this requirement. We re also going to be promoting ride sharing, Uber and Lyft services as well as working with Metro line to reduce the parking burden. Wayne Morrill Good evening, members of the Board. As Mr. Katsiaficas explained, we ll be installing a roadway off the Westbrook Arterial. This location is the same location as what was approved by this Board for the South Campus. We ll be utilizing the existing crossing over Nason s Brook and paving the driveway going into the VIP and ADA parking area. There are 34 ADA parking spaces, which meets the requirement. The driveway that goes out to Larrabee is the same location as where the original approval is for the old warehouse use. The ring around the amphitheater will also be paved. The access to Larrabee will be for pedestrian and emergency access only. There s a large berm approximately 40-feet in height along Larrabee. We ll remove a small section on the back side for the parking area but the remainder of the berm will remain to shield the theater from Larrabee Road. Also, the existing vegetation along the road accessing the site from Westbrook Arterial will remain. We will need to amend the DEP approval for South Campus to treat any impervious surfaces associated with this use. The utilities will be temporary in use. We ll be putting in a temporary CMP line from Larrabee Road for power. We ll be installing utility poles with temporary lighting within the parking lot. John Dow Good Evening, Board. We re all really excited over the potential of this site. The existing grading of the site and location in relation to 95 make this an exciting project. For next season we anticipate Page 18 of 21

19 shows to give everyone time to acclimate to the changes in the site. This number may drop slighting depending on the approval process. Beyond live music we hope to support other local events, possibly beer festivals or other cultural events as they re proposed. Despite the temporary nature of the site, we re applying many lessons learned from other venues to make this a successful site, particularly the ring road for safety and artist access to the site. This is better than anything I ve seen in New England. Regarding infrastructure we propose to bring our modified shipping containers currently housed in Portland. This includes a box office, concession and the back stage artist compound. These are built to state and national standards by Snap Space Solutions. Our existing stage is a Stage Line 320. This structure is 40x40 and is stamped by a PE. But we d like to grow on that and may come back with something more substantial to support more world class artists. Jim Katsiaficas Probably one of the larger sets of issues with this facility is the parking and the corssing of Larrabee Road. Derek Caldwell will address this Derek Caldwell, Sebago Technics On a permitting level, we ve reached out to MDOT to see what they would like at a permitting level. They stated that if kept to less than 30 shows per year that a traffic movement permit is not required. They still would like to be involved in any temporary traffic modifications along Larrabee Road. Currently, there is limited parking onsite and the majority of the parking will be on the western side of Saunders Way. We ve developed a proposal to get pedestrians safely from their parking to the concert site, however I see this evolving and growing as the shows begin and an evaluation of what does and doesn t work occurs. The proposal is to close the outside lanes of Larrabee and keep the inside lanes open. This will slow traffic along Larrabee Road as well as limit the distance of pedestrian crossing traffic. There will be police detail at the intersection of Saunders and Larrabee to help with traffic control. On Saunders Way we will put a temporary barricade to delineate a pedestrian walk way. We also propose heavy lighting at the Saunders and Larrabee intersection. At Larrabee and Main/Westbrook Arterial, we recommend mitigation measures to discourage non-concert traffic from using Larrabee Road during shows. Also recommending portable message Boards in the area to direct nonconcert traffic away from the area. Jim Katsiaficas We held our neighborhood meeting and there was no attendance. We are open to comments from the Board in response to the proposal. Ed Reidman Does anyone have any questions? Rene Daniel Who would like to explain to me what is meant by temporary? Jim Katsiaficas We re asking for 5 years Rene Daniel So you re requesting the Planning Board to entertain a request of up to 5 years? Jim Katsiaficas Yes Rene Daniel What happens after 5 years? Jim Katsiaficas If it is successful then we would come before you again to talk about a more permanent location on the site. If it s not successful then at the end of the 5 years the use would be terminated and structures would be removed. Wayne Morrill Also, when we do go through a permeant facility, the parking will be entirely on site. As we design Phase 2 and Phase 3 we will incorporate parking for the amphitheater into that. Rene Daniel How much of the berm is going to be removed? Wayne Morrill Nothing that would be visible from the Road. What you currently see from Larrabee Road is what you will see post development. The only cut is for the emergency roadway, everything else remains. Page 19 of 21