PLANNING BOARD REPORT YARMOUTH, MAINE

Transcription

1 PLANNING BOARD REPORT YARMOUTH, MAINE Final Major Site Plan Brickyard Hollow Brew Pub Restaurant Ray Kusche, Brad Moll dba Brickyard Hollow, Applicant Map 37, Lot 17, 236 Main Street Prepared by: Alex Jaegerman, Director of Planning & Development Date: June 19, 2017, Planning Board Meeting Date: June 28, 2017 I. INTRODUCTION AND PROJECT DESCRIPTION Brickyard Hollow is proposing to renovate the existing Anthony s Cleaners structure at 236 Main Street to house a microbrew and restaurant establishment. The brew pub and restaurant will contain a brewery of approximately 360 sf, a kitchen area of 264 sf, a bar area of 172 sf and restaurant seating of 1,290 sf with 53 seats, plus requisite bathroom facilities. Exterior improvements include a fenced area to the west (Dunkin Donuts side) for brewery supplies; a concrete pad with structures to the south incorporating a cold room, food cooler, and kegging cooler; and a covered bier garden to the east, (Cleaves Street side). Proposed Brickyard Hollow Floor Plan 1

2 The site plan shows the site parking and paved area to remain with improvements to replace the curbing and rationalize the circulation by reducing the Cleeve Street curb cut to 24 feet. A crosswalk is shown from the Town Hall parking lot to the parking lot, as requested by the Public Works Director. A more direct pedestrian route to the sidewalk along the building face to the entrance door might be preferable (see Google image below). Brickyard Hollow Final Site Plan Landscaping on the plan is proposed consisting of the existing planting area at the corner of Cleaves and Main, and the existing mature evergreen hedge of Cedar trees which will buffer the bier garden from the adjacent residential neighbor on Cleaves Street. New landscape areas are shown adjacent to the bier garden and extending to Cleaves Street. 2 2

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4 I. REQUIRED REVIEWS This project requires major site plan review as a change of use of a building affecting a total floor area of 1,000 square feet or more in any existing building., under Chapter 702, Article I.B.1.c. The applicant is requesting a waiver of 4 parking spaces, under Chapter 701, Article II.H.1, the Permitting Authority may waive parking requirements, considering such criteria as site constraints, provisions for shared parking, available on street parking, alternative modes of commuting, and access to transit. II. PROJECT DATA SUBJECT DATA Existing Zoning Village 1 Existing Use Dry cleaner/laundromat Proposed Use Microbrewery with bar, pub, restaurant Parcel Size 16,530 sf Impervious Surface Area --Proposed Net Change Building Footprint --Proposed Net Change Parking Spaces -Proposed -Required Not shown, Estimated at 3,522 sf Estimated increase of approx. 800 sf 54 x 40 = 2,160 sf 10 x 42 = 420 sf concrete pad; 20 x24 = 480 sf covered (open sided) bier garden 17 spaces shown, including 2 handicap spaces 1 space per 2.5 seats; 53/2.5 = 21.2 Spaces required (4 overflow parking proposed in Town Hall front lot) Uses in Vicinity: The surrounding neighborhood along Main Street consists of Town Hall, Merrill Memorial Library, Dunkin Donuts, Hancock Lumber, and other commercial uses. The neighborhood along Cleaves Street consists of residential single and twofamily houses, and Town Hall. III. PUBLIC NOTICE & COMMENT Notices of this public hearing were sent to 28 property owners in the vicinity (within 500 feet) of the proposed development and the Planning Board agenda was published in the June 20, 2017 edition of The Notes. At the concept plan review meeting held by the Planning Board on May 24, 2017, four members of the public spoke. Caz of 7 Bittersweet Circle was concerned about hoppy odors and the impact of a new drinking establishment in the neighborhood. Sarah Witte requested that the mature Maple at the corner of Main and Cleaves be preserved. Henry Gillert, 21 Cleaves, (adjacent neighbor) did not object but requested a solid fence to buffer the noise from compressors in the rear of the brew pub, and that the quietest possible equipment be utilized. He also requested that the mature cedar hedge be retained. Linda Grant spoke of concerns about parking demand 4 4

5 on Main Street and the public lots which are crowded with parkers on weeknights. IV. DEVELOPMENT REVIEW A. SITE PLAN STANDARDS (Chapter 702) 1. Conformance with Comprehensive Plan: The proposed development is located and designed in such a way as to be in conformance with the Town s Comprehensive Plan. The project is generally consistent with the vision and policies of the 2010 Comprehensive Plan. Please see below text boxes with excerpts from the Comprehensive Plan. Reuse of existing buildings is encouraged with walkable and accessible services. The plan calls for new construction to be developed in a form consistent with the traditional building patterns, which is typically close to the street rather than set back behind front yard parking as this building is. While ideally a new development for this site would build a new structure that would hold the corner of Cleaves and Main, with parking in the rear, the renovation and enhancement of existing structures such as this is an advancement of the vision and policies of the Comprehensive Plan as well. Main Street or the Village Center will be a vibrant, pedestrian friendly, mixed-use street where people can live, work, shop, and take care of their other daily needs. A balance between residential and nonresidential activities in the Village Center will be maintained. Historic properties will be well maintained and their historic character preserved while allowing for the creative use of these properties. New buildings or modifications of existing buildings shall be of similar scale, form, and disposition to the Village s historic buildings and development pattern, thereby maintaining the visual integrity, livability and walkability of Main Street. Vision Statement for the Village Area, Comp Plan p 19 Policy C.1. Ensure that the immediate Main Street area that is the Village Center continues to be a vibrant mixed-use area with residential uses, businesses, services, and municipal and community facilities. Policy C.2. Maintain the architectural and visual character of the Village Center as a New England village and ensure that renovations/expansions of existing buildings as well as new buildings reflect this character both in the design of the building as well as the location of the building, parking, and other improvements on the lot. Policy C.5. Ensure that the Village is walkable and ADA compliant so that all people can easily and safely travel within their neighborhood as well as being able to walk or bike to the Village Center and other key centers of activity such as the schools and recreation areas. Policy Statements for the Village Area, Comp Plan pp Traffic: The proposed development will not cause unreasonable highway or public road congestion or unsafe conditions with respect to use of the highways, public road or pedestrian walkways existing or proposed. The Planning Board may require mitigation when the proposed development is anticipated to result in a decline in service, below level of service c, of nearby roadways of intersections. Levels of service are defined by the 1985 Highway Capacity manual published by the Highway Research Board. [Note applicable provisions of 702.J 3.a,b,c,d,e,f,i,j,k] The project will not overburden the existing streets of Main and Cleaves. No traffic study is required, according to the Town Engineer. 3. Parking and Vehicle Circulation: The proposed plan provides for adequate parking and vehicle circulation. The amount of dedicated parking provided on-site or within a reasonable walking distance from the site meets the requirements of ARTICLE II.H of the Zoning Ordinance (Off Street 5 5

6 Parking and Loading), the size of the parking spaces, vehicle aisle dimensions and access points are in conformance with the Technical Standards of Section J [1,2,3.f,g,h,i,11f.12 (sidewalks) & 13 (Bike Racks)] of this document. The parking for the project consists of 17 spaces including 2 handicap spaces, while 21 spaces are required. Overflow parking is readily available in the public parking lots at Town Hall, just across Cleaves Street. The demand for parking is reasonably complementary to Town Hall parking needs, although there will be concurrent evening use of the Community Room and the busy times for the restaurant. One criterion for granting the parking waiver from 21 to 17 is shared parking. It is reasonable to expect that shared parking in the Town Hall lot will be reasonably available most evenings, especially peak times such as Friday and Saturday nights when the pub will be busy and the Town Hall lots are lightly used. Public Works Director Erik Street is requesting that the sidewalk and crosswalks be upgraded between this site and the front parking lot of Town Hall so that year-round pedestrian access is secured in a safe and convenient manner. A crosswalk set back from the intersection reflecting the likely pedestrian desire line is recommended. Sight distance is good and vehicle speeds are low, so a mid-block crossing is feasible here. A crosswalk is shown on the site plan; however its location is not ideal for a pedestrian route from Town Hall parking to the pub entrance. The crosswalk should be shifted approximately 45 south from the location shown, to provide a more direct crossing point. Both ends of the crosswalk shall be improved with ramps and landings meeting ADA requirements. Access from the Cleaves Street sidewalk to the front door shall be provided, again following the most direct route. The applicant has proposed a landscape bed adjacent to the bier garden. A sidewalk should be provided between the landscape bed and the parking in front of the bier garden (facing Main Street) for more convenient pedestrian access. Mr. Street is also requesting that the sidewalks around the perimeter of the site, especially along Main Street be renewed, as they are deteriorated concrete sidewalks overlayed or patched with bituminous. Concrete sidewalks are the standard for Main Street in this area. Mr. Street s comment in this regard is as follows: The sidewalk along Main Street and entrance apron into the site is concrete that was paved over. The sidewalk and apron should be redone in concrete. There are sections of granite curb that should also be reset before the sidewalk and apron are improved. The proposed landscaping is an improvement, but the sidewalk and curb should be addressed at the same time. This business will most likely increase the amount of pedestrian traffic in this area and will benefit from those improvements. Under Technical Standards of Section J.13, bike racks are required. We recommend that three bike racks be provided, Dero Bike Hitch or Hoop Rack or Downtown Rack, or approved equivalent, be provided. 4. Sanitary Sewerage: The proposed development will not cause an unreasonable adverse effect to the Municipal sewerage treatment facilities and will not aggravate and existing unhealthy situation such as the bypassing of untreated sewerage into Casco Bay, the Royal River, or its tributaries. If a subsurface wastewater disposal system is to be used, the system conforms to the requirements of the State Plumbing Code. [See also Section 702.J.6] The Town Engineer indicates that the sewer system can handle the volumes of sanitary waste to be generated by the proposed use. Volume calculations are required to be submitted to confirm this and to determine the associate sewer connection fees. 5. Water: The proposed development will not cause the depletion of local water resources or be inconsistent with the service plan of the Yarmouth Water District. [See also 702.J.7] 6 6

7 The Yarmouth Water District has provided an ability to serve letter. Bob MacKinnon has noted that the fire service water line is only 7 feet from the sanitary sewer line. Ten feet separation is required. 6. Fire Safety: The proposed development is located and designed in such a way as to provide adequate access and response time for emergency vehicles or mitigates inadequate access or response time by providing adequate fire safety features such as but not limited to fire lanes, smoke and fire alarms and sprinkler systems, as part of the proposed development. [See also 702.J.8] Fire Chief Mike Robitaille has indicated that all of the requirements for fire safety that were identified in the concept plan have been incorporated into the final plan set. 7. Buffering: The proposal provides for adequate on-site buffering in the vicinity of property boundaries, when required by this subsection. On-site buffering is required wherever commercial, industrial or mixed use developments are proposed adjacent to or across a street from residential districts or agricultural uses, where multi-family buildings are to be located adjacent to single family uses or districts, and when required by ARTICLE IV.S.3 of the Yarmouth Zoning Ordinance (Mobile Home Park Performance Standards). Buffer areas shall consist of an area ranging from a minimum of five feet to a maximum of twenty-five feet in width, adjacent to the property boundary, in which no paving, parking or structures may be located. The Planning Board may allow a buffer area of less width when site conditions, such a natural features, vegetation, topography, or site improvements, such as additional landscaping, berming, fencing or low walls, make a lesser area adequate to achieve the purposes of this Section. Landscaping and screening, such as plantings, fences or hedges, are to be located in buffer areas to minimize the adverse impacts on neighboring properties from parking and vehicle circulation areas, outdoor storage areas, exterior lighting and buildings. [See also 702.J.5] The existing Cedar hedge provides a good visual buffer from the Cleaves Street residential neighbors and will be retained. The Bier Garden outdoor covered seating as well as the rear cooler and cold room are a potential noise concern for the neighbors. A stockade fence is proposed to attenuate the noise. The Board might place limits on the provision or volume of music that might be anticipated for this area. Also, the applicant should be required to employ the quietest reasonably available cooler and chiller compressors and similar noise generating equipment. 8. Natural Areas: The proposal does not cause significant adverse impacts to natural resources or areas such as wetlands, significant geographic features, significant wildlife and marine habitats and natural fisheries. The proposal is consistent with the recommendations of the Maine Department of Inland Fisheries and Wildlife as found in the document titled The Identification and Management of Significant Fish and Wildlife Resources in Southern Coastal Maine, February There are no adverse impacts to natural resources anticipated. 9. Lighting: The proposal shall provide exterior lighting sufficient for the safety and welfare of the general public while not creating an unsafe situation or nuisance to neighboring properties or motorists traveling nearby roadways. The applicant describes the lighting as pendant lighting in the beer garden pavilion. The lighting plan shows the soffit LED lights and pendant lights proposed for the bier garden. The LED lights should be specified at 3,000 Kelvin or less. The catalogue shows various options for the pendant lights, including 2,700 K which is a warm light quality, and 3,000K or 2,700K for the soffit lights. 7 7

8 10. Storm Water Management: The plan provides for adequate storm water management facilities so that the post development runoff rate will be no greater than the predevelopment rate or that there is no adverse downstream impact. Proposed storm water detention facilities shall provide for the control of two year and twenty-five year storm frequency rates. The design, construction and maintenance of private facilities are maintenance of private storm water management facilities. [See also 702.J.9] The site is largely impervious at present, with the addition of the concrete pad in the rear which will add about 420 sf of additional impervious surface. This will be offset by the removal of some pavement and the provision of landscape beds around the bier garden. Town Engineer Steve Johnson indicates that a formal pre- and postdevelopment drainage calculation is not required. The grading and drainage plan is acceptable. 11. Erosion and Sedimentation Control: The proposed development includes adequate measures to control erosion and sedimentation and will not contribute to the degradation of nearby streams, watercourses or coastal lowlands by virtue of soil erosion or sedimentation. The erosion control measures are to be in conformance with the most current edition of the Environmental Quality handbook, Erosion and Sedimentation Control, prepared by the Maine Soil and Water Conservation Commission. [See also 702.J.10.a] The standard erosion and sedimentation controls will be required during construction on this site. Appropriate ESC notes are included in the plans for the project. 12. Buildings: The bulk, location and height of proposed buildings or structures will not cause health or safety problems to existing uses in the neighborhood, including without limitation those resulting from any substantial reduction to light and air or any significant wind impact. To preserve the scale, character, and economy of the Town in accordance with the Comprehensive Plan no Individual Retail use with a Footprint greater than 55,000 square feet shall be permitted. Structures defined as Shopping Centers shall be limited to a Footprint of 75,000 square feet. When necessary to accommodate larger projects, several Individual Retail Structures with Footprints of not more than 55,000 square feet each may be placed on the same lot, provided that all other standards are met. No less than 40 feet shall be allowed as separation distance between buildings. Efforts to save and plant native trees between and among structures shall be encouraged. Previously mentioned is the need for a sound buffer and potential limits to benefit the adjacent residential neighbor. The building will be substantially rebuilt with new roof trusses, interior walls, and exterior doors and windows. The design of the structure will enhance its appearance with dormers, a cupola, and attractive storefront windows and signage. 8 8

9 (Note: Bier Garden Roof Gable is shifted to right in current plan, not as shown.) 13. Existing Landscape: The site plan minimizes to the extent feasible any disturbance or destruction of significant existing vegetation, including mature trees over four (4) inches in diameter and significant vegetation buffers. The site plan shows retention of the Cedar hedge adjacent to the residential neighbor, as previously noted. Also a small landscape area at the corner of Cleaves and Main, presently occupied by an existing tree. Andrew Gabrielson, Town Tree Warden offers the following commentary: This plan does not go into much detail about the landscape/tree cover for the site. There is an existing tree on the corner of Cleaves and Main St. that the town could likely claim ownership of. I would like to see more consideration for that tree and additional landscaping. 14. Infrastructure: The proposed development is designed so as to be consistent with off premises infrastructure, such as but not limited to sanitary and storm sewers, waste water treatment facilities, roadways, sidewalks, trail systems and street lights, existing or planned by the Town. The concept plan showed the roof structure for the bier garden encroaching on the stormdrain easement crossing the site. The plans have been revised to relocate the roof structure outside of the easement area, however the fence/rail system for the bier garden still shows encroachment over the easement and actual pipe. Town Engineer comments on this issue are as follows: a. The bier garden is shown as having a roof structure over the northeasterly half of the garden footprint to avoid construction within the Town s drainage easement. This is acceptable. However, the applicant is still proposing to construct a fairly elaborate rail system with what appears to be a countertop for seating well within the easement and even over the existing 54 concrete pipe. This really is unacceptable since it will be impossible for the Town to do any kind of excavation work without having to address the rail infrastructure. The railing must be truncated to follow the northwester easement line such that the Town can perform maintenance as required. It is acceptable for this area to have the pavers without the railing if the applicant desires; We have researched the easement, which includes the following provision: Reserving to the Grantor, its successors and assigns, the use and enjoyment of said parcel for such purposes only as will in no way interfere with the perpetual use thereof by the Grantee, its successors 9 9

10 and assigns, for the purposes above mentioned, provided that no building or any kind of permanent structure (other than sidewalks, roadways and parking areas) shall be erected on said parcel by the Grantor The Town requires access to the storm drain inlet structure on the southwest property line of the site to provide periodic mechanized cleaning of the inlet. The applicant shall provide clear access for this activity. The Public Works Director has requested an easement for maintenance access to the stormdrain inlet grates. 15. Advertising Features: The size, location, design, color, texture, material and lighting of all permanent signs and outdoor lighting fixtures are provided with a common design theme and will not detract from the design of proposed buildings or neighboring properties. The signage appears to be well conceived and designed. A yard sign is shown on the site plan at the corner of Cleaves and Main Streets, however no details have been provided. 16. Design Relationship to Site and Surrounding Properties: The proposed development provides a reasonably unified response to the design constraints of the site and is sensitive to nearby developments by virtue of the location, size, design, and landscaping of buildings, driveways, parking areas, storm water management facilities, utilities storage areas and advertising features. [See also a.f. 1 11] The project is an appropriate use of the existing building and site, given that it involves reuse of the existing building. A new building would ideally be sited at the intersection corner with parking in the side and rear. 17. Scenic Vistas and Areas: The proposed development will not result in the loss of scenic vistas or visual connection to scenic areas as identified in the Town s Comprehensive Plan. There are no significant scenic resources affected by this project. 18. Utilities: Utilities such as electric, telephone and cable TV services to proposed buildings are located underground except when extraordinary circumstances warrant overhead service. Propane or natural gas tanks are located in safe and accessible areas, which are properly screened. Comments from the Town Engineer include the following: a. All flow discharged to the sanitary sewer shall meet the requirements of Chapter 304 Sewerage Ordinance. b. A sewer connection permit and fee for the redevelopment will be required before the issuance of the building permit; c. It should be noted that during construction of all sewer infrastructure, all work must be inspected by Town staff prior to backfilling; d. All sewer infrastructure shall be constructed per Chapter 304 Sewerage Ordinance; 19. Technical Standards: The proposed development meets the requirements of ARTICLE I.J (Technical Standards) of this Ordinance, except as waived by the Planning Board. As noted above in Standard 3, bicycle racks shall be required. Under Standard J 11.f.11, street trees of 2 ½ to 3 inch caliper every 50 of street frontage area required. With approximately 120 of street frontage on both Main and Cleaves, this project is required to provide one additional street tree on each of Cleaves and Main Street. The plans show a Zelkova tree on Cleaves Street that meets this requirement. One new street tree shall be planted in the sidewalk area on Main Street, approximately 50 from the existing Red Maple on the corner. We have asked the Tree Warden to recommend a species for this tree. A columnar species such as Armstrong 10 10

11 Maple or Pin Oak are suggested. With a 10 sidewalk, a street tree located farthest from the curb in a 4 x8 planting bed would be appropriate. 20. Route One Corridor Design Guidelines: Notwithstanding the technical standards of this ordinance and the requirements of Article II, General provisions of the Zoning Ordinance, development and redevelopment within the C, Commercial and C-III, Commercial II districts shall be consistent with the Route One Corridor Design Guidelines, as approved August 19, The project is not in the Route 1 corridor. 21. Right, Title and Interest: The applicant has sufficient right, title or interest in the site of the proposed use to be able to carry out the proposed use. The applicant has submitted evidence of right, title, and interest in the property in the form of a purchase contract for the property. 22. Technical and Financial Capacity: The applicant has the technical and financial ability to meet the standards of this Section and to comply with any conditions imposed by the Board pursuant to ARTICLE I.I The applicant has retained the engineering services of Owens McCullough, P.E., LEED-AP, of Sebago Technics, and Grant Hayes, RA, Grant-Hayes Associates for architectural services. A letter has been provided from Norway Savings Bank indicating an interest in and willingness to consider financing the project. 23. Special Exception Standards: a. The proposed use will not create unsanitary or unhealthful conditions by reason of emissions to the air, or other aspects of its design or operation. b. The proposed use will not create public safety problems which would be substantially different from those created by existing uses in the neighborhood or require a substantially greater degree of municipal police protection than existing uses in the neighborhood. c. The proposed use will be compatible with existing uses in the neighborhood, with respect to visual impact, intensity of use, proximity to other structures and density of development. d. If located in a Resource Protection District or Shoreland Overlay Zone, the proposed use (1) will conserve visual points or access to water as viewed from public facilities; (2) will conserve natural beauty; and (3) will comply with performance standards of Article II of Chapter 701, Zoning Ordinance. The proposed use is not a Special Exception. 24. Chapter 702 Art.1.I. Conditional Approvals. The Planning Board may impose any condition upon approval of any site plan for any of the reasons set forth. B. Waiver of Required Parking under Zoning, Chapter 701 Article II.H.1 The applicant is requesting a waiver of 4 parking spaces, under Chapter 701, Article II.H.1, the Permitting Authority may waive parking requirements, considering such criteria as site constraints, provisions for shared parking, available on street parking, alternative modes of commuting, and access to transit

12 As noted in the discussion of standard 3 above, there is opportunity for shared parking in the Town Hall lot across Cleaves Street from the proposed brew pub. Pedestran access to this lot should be improved with a painted mid-block crosswalk at the most direct access location, with associated ADA compliant ramps and landings. This should be a condition of the waiver as well as a condition of the site plan. VII. RECOMMENDATION We recommend that the parking waiver of 4 spaces be approved, and that the site plan be approved subject to the proposed conditions of approval. VIII. PROPOSED MOTIONS On the basis of the application, plans, reports and other information submitted by the applicant, information from the public hearing, information and the findings and recommendations contained in Planning Board Report dated June 20, 2017, Final Major Site Plan, Brickyard Hollow Brew Pub Restaurant, Ray Kusche, Brad Moll dba Brickyard Hollow, Applicants, Map 37, Lot 17, 236 Main Street; the Planning Board finds: A. That the requested waiver of four parking spaces [is / is not] approved considering available parking in the Town Hall lot across Cleaves Street that can be reasonably shared with the brew pub, subject to the condition that a painted mid-block crosswalk across Cleaves Street be provided at the most direct access location, with associated ADA compliant ramps and landings. B. That the plan [is/is not] in conformance with the standards of Chapter 702, Site Plan Review Ordinance, subject to the following conditions of approval: 1. The sidewalk and crosswalks shall be upgraded between this site and the front parking lot of Town Hall so that year-round pedestrian access is secured in a safe and convenient manner including provision of a painted mid-block crosswalk across Cleaves Street at the most direct access location, with associated ADA compliant ramps and landings. 2. The sidewalk and aprons along Main Street shall be redone in concrete. 3. Three bike racks shall be provided, Dero Bike Hitch or Hoop Rack or Downtown Rack, or approved equivalent. 4. Mitigation of noise from the coolers and associated equipment and the bier garden shall be addressed, to attenuate the noise, including limits on the volume of music anticipated for this area and quiet technology for cooler compressors and associated equipment. 5. All storm drain infrastructure must conform to Yarmouth Town Standards. 6. The landscaping plan shall be revised to preserve the existing Red Maple tree at the corner of Cleaves and Main. One new street tree shall be planted in the sidewalk area on Main Street, approximately 50 from the existing Red Maple on the corner. Species and planting specifications to be approved by the Tree Warden. 7. The bier garden is shown as having a roof structure over the northeasterly half of the garden footprint to avoid construction within the Town s drainage easement. This is acceptable. However, the applicant is still proposing to construct a fairly elaborate rail system with what appears to be a countertop for seating well within the easement and even over the existing 54 concrete pipe. This is unacceptable since it will be impossible for the Town to do any kind of excavation work without having to address the rail 12 12

13 infrastructure. The railing must be truncated to follow the northwester easement line such that the Town can perform maintenance as required. It is acceptable for this area to have the pavers without the railing if the applicant desires; 8. A maintenance easement shall be provided to the Town to ensure permanent access rights to maintain the stormdrain inlet grates. 9. The sanitary sewer service and the fire suppression service are shown with only 7 of horizontal separation. A minimum of 10 feet of separation is required. 10. Comments from the Town Engineer regarding utilities as follows: 1. All flow discharged to the sanitary sewer shall meet the requirements of Chapter 304 Sewerage Ordinance. 2. A sewer connection permit and fee for the redevelopment will be required before the issuance of the building permit; 3. It should be noted that during construction of all sewer infrastructure, all work must be inspected by Town staff prior to backfilling; 4. All sewer infrastructure shall be constructed per Chapter 304 Sewerage Ordinance. Such motion moved by, seconded by, and voted in favor, opposed,. (note members voting in opposition, abstained, recused, or absent, if any). Attachments 1. Town Engineer Steve Johnson Review Memo, Public Works Director Erik Street Review Memo, Fire Chief Michael Robitaille Review Memo, 5-8/17 4. Yarmouth Water District Robert MacKinnon Review Memo,

14 Attachment 1 Memo Town of Yarmouth, ME Town Engineer 200 Main Street, Yarmouth, ME x 224 To: Alex Jaegerman, FAICP, Director of Planning and Development From: Steven S. Johnson, P.E., LEED AP, Town Engineer CC: Erik Street, Nick Ciarimboli, Tom Connolly, Karen Stover, Wendy Simmons Date: June 16, 2017 Re: Application for Major Site Plan Application: Brickyard Hollow Restaurant 236 Main Street Alex: I have reviewed the site plan application from Owens McCullough, P.E., of Sebago Technics, Inc. on behalf of Brad Moll of Brickyard Hollow Brewing Co. for site redevelopment at 236 Main Street dated June 8, I have updated my memorandum to you dated May 8, I have the following technical comments on the application: 1. General: The applicant proposes to redevelop the existing building into a restaurant and beer microbrewery, including on site coolers and bier garden which is allowed in this zone. 2. Rights, Title: The Applicant has submitted adequate evidence of right, title and interest in the parcel to complete the project. I assume the applicant has, or can obtain, the required financial capability to complete the project however documentation of this ability was not submitted. The letter submitted in the application from Norway Savings Bank noted when a loan application is submitted by the applicant a comprehensive underwriting process will be initiated. 3. Solid Waste: The Applicant is proposing to provide commercial solid waste and recycling handling using onsite, screened dumpsters. This is acceptable. The applicant noted that the ordinances would be followed and collection of dumpster waste will not occur before 5:00 AM or after 10:00 PM, per Chapter 306 Solid Waste Ordinance. 4. Water: The applicant has submitted evidence of the capacity to serve from the Yarmouth Water District (YWD). It appears that the applicant has designed the water supply and fire suppression systems as required by the YWD. 5. Traffic\Parking: The Applicant has indicated the proposed new use will require the shared use of three offsite spaces. I support this approach given the proximity of public parking at the Town Hall facility. I would also point out the applicant will provide a crosswalk to allow safe pedestrian access to the three offsite parking spaces should they be needed. Also, given the existing and prior uses and the proposed use, a formal traffic analysis would really provide little value and is not required. 6. Sewers: a. The applicant has provided the projected Gallons per Day (GPD) of sewage flow the new use will generate and it has been estimated to be 1,871 GPD. There is adequate capacity in the Town sewer system to accept sewage flow from the project; Johnson Comments Brickyard Brewing Site Plan Page 1 of 3 14

15 1.1 b. The flow generated will NOT be considered a high strength wastewater since the brewing byproduct will be recycled as animal feed. However, all flow discharged to the sanitary sewer shall meet the requirements of Chapter 304 Sewerage Ordinance; c. A sewer connection permit and fee for the redevelopment will be required before the issuance of the building permit; d. It should be noted that during construction of all sewer infrastructure, all work must be inspected by Town staff prior to backfilling; e. All sewer infrastructure shall be constructed per Chapter 304 Sewerage Ordinance and the existing sewer service shall be abandoned as directed by the Town Engineer; f. The applicant has provided for grease removal from the proposed facility. 7. Storm Drains a. The applicant has provided a grading and utility plan showing the proposed storm drainage for the project as well as standard details for construction. b. All storm drain infrastructure must conform to Yarmouth Town Standards. 8. Drainage, Stormwater Management: The applicant has done an excellent job providing Low Impact Design (LID) treatment of a significant portion of the impervious areas of the project and this is very much appreciated. Additionally, some area of impervious area has been removed and restored to vegetation which will help mitigate and reduce stormwater runoff. Given the obvious reduction in post construction flow, a formal pre-and post stormwater analysis will not be required. 9. Erosion and Sediment Control (ESC): The applicant has noted the required ESC Best Management Practices for this project on the plans. The Town expects that during construction the applicant and their construction manager/contractor perform the required inspections and enforcement of the ESC plan per MDEP requirements, including weekly inspections and documentation of all inspection work. In addition, the Town will be performing site inspections and will be reviewing the inspection records per the Town s NPDES MS4 General Permit. It is also very important that the BMP s be installed prior to the disturbance of site soils and vegetation. 10. Soils: The applicant has submitted evidence the soils existing on the site are adequate for the development proposed. Submission of additional soil information will not be required. 11. Site Plan/Ordinance Requirements: The applicant has addressed most of the following items; however, one is still outstanding: a. Fire Safety: Fire Safety shall meet the requirements of Chapter 317 of the Municipal Code. Additionally, plans must be approved by the State Fire Marshall s office; b. The applicant has submitted a detailed landscape plan and is acceptable to me although I will defer to your judgement; c. A bike rack must be provided and shown on the plans. 12. Lighting: The applicant has submitted a written plan and fixture cut sheets for the proposed lighting. All lighting is proposed to be incorporated into the building infrastructure and will not be projected off site. No parking lot lighting is proposed given the small parking area and the existing ambient light provided by the Town cobra head fixtures. I believe this is acceptable. 13. Waivers: The applicant has request a waiver to the parking standard by having three (3) fewer spaces that required by the zoning standard. Given the opportunity for shared use with the Town Hall lot and the likelihood of different operational hours between the facilities, I recommend this waiver request is granted. 2 15

16 Off-site Improvements: The applicant is proposing to install a painted crosswalk from the site to the Town Hall parking lot. This is acceptable and appreciated. 15. Drawing Comments: Site and Grading Plan 3 of 7 a. The architectural Code Compliance Plan shows an egress gate from the bier garden area to the easterly parking area. Both the Site Plan and the Landscape Plan do not reflect this proposed path of egress. An ADA compliant walkway should be shown connecting the bier garden and the parking area to allow safe egress; b. The bier garden is shown as having a roof structure over the northeasterly half of the garden footprint to avoid construction within the Town s drainage easement. This is acceptable. However, the applicant is still proposing to construct a fairly elaborate rail system with what appears to be a countertop for seating well within the easement and even over the existing 54 concrete pipe. This really is unacceptable since it will be impossible for the Town to do any kind of excavation work without having to address the rail infrastructure. The railing must be truncated to follow the northwester easement line such that the Town can perform maintenance as required. It is acceptable for this area to have the pavers without the railing if the applicant desires; c. The sanitary sewer service and the fire suppression service are shown with only 7 of horizontal separation. A minimum of 10 feet of separation is required. Landscape Plan 4 of 7 a. As noted above, an ADA compliant walkway should be shown connecting the bier garden and the parking area to allow safe egress; Details 5 of 7 a. A detail for the sewer service trench, water service trench and the underdrain trench should be included; b. A detail for trench restoration in the public way should be included. The detail shall stipulate 18 depth of MDOT Type D aggregate subbase gravel, 2 ¾ of 19 MM base pavement and 1 ¼ of 9.5 MM surface pavement; c. For sidewalks in the public way the detail should show a 12 depth of MDOT Type A aggregate base gravel with two 1 lifts of 9.5 MM pavement. Proposed Exterior Elevations Plan A-5 a. Elevation D Proposed Left Elevation drawing shows the Bier Garden roof at the southwesterly end of the building. It should be shown at the northeasterly end. Architectural Drawings A-1 and A-2 a. The drawings should be updated to show the bier garden railing and countertop outside the Town s easement area; 16. An irrevocable letter of credit or cash deposit and (2%) inspection fee will be required for the estimated cost of the drainage and LID BMP work, sanitary sewer infrastructure, public road, sidewalk and pedestrian crossing improvement work, landscaping, and sediment/erosion control prior to the issuance of the building permit. Also, prior to issuance of building permits or the commencement of work, the applicant and their selected construction contractor and excavation contractor shall attend a pre-construction conference with Town staff at a mutually agreeable date and time. I recommend that attendance at the pre-construction conference should be a condition of approval. All other permit applications and fees will be required prior to the release of a building permit. 3 16

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19 Attachment 3 flto111n of l}nrmout{j, JIJ[aine Incorporated 1849 YARMOUTH FIRE RESCUE 178 NORTH ROAD {PO BOX 964} YARMOUTH, MAINE MICHAEL ROBITAILLE, CHIEF OF DEPARTMENT RICH KINDELAN, DEPUTY FIRE/EMS CHIEF BILL GODDARD, DEPUTY CHIEF To: Alex Jaegerman, Town Planner From: Michael Robitaille, Fire Rescue Chief Date: May 8, 2017 RE: Brickyard Hollow Restaurant I have reviewed the preliminary plans submitted on behalf of Brickyard Hollow Restaurant by Ray Kusche to be located at 236 Main Street, Yarmouth and make the following recommendations as required by code or ordinance. 1. An approved NFPA 13 Sprinkler system needs to be installed and approved by the Maine Fire Marshalls Office. This is in accordance with Chapter 317, Sprinkler Ordinance, Yarmouth Municipal Code a. The Sprinkler System must be monitored by an approved monitioring company b. The Sprinkler System shall be inspected annually and a copy of the tests are to be delivered to the Yarmouth Fire Chief 2. An approved fire alarm system according to NFP A 1 and approved by the Maine Fire Marshalls Office 3. An annunciator panel needs to be located at the main entrance of the business. This is in accordance with Chapter 317, Sprinkler Ordinance, Yarmouth Municipal Code. 4. A KNOX box must be installed according to Chapter 317, Sprinkler Ordinance, Yarmouth Municipal Code. 5. The Fire Department Sprinkler connectionwith be a 5" Stortz connection and located in an approved location by the Fire Chief. 6. Street numbering shall be a minimum of 4" in height and in a color to contrast or be distinctly visible from any background color and shall be conspicuous to any reasonable person in a motor vehicle during daylight hours. 19

20 Attachment 4 From: Bob MacKinnon [mailto:ywdbob@maine.rr.com] Sent: Wednesday, June 14, :35 AM To: Wendy Simmons <WSimmons@yarmouth.me.us>; Alex Jaegerman <AJaegerman@yarmouth.me.us> Cc: Eric Gagnon <ywderic@maine.rr.com> Subject: RE: Request for Comment - Brickyard Hollow - ADDITION Floor Plan Hello Wendy and Alex, Please be advised that the plan needs to modified to maintain a 10 foot minimum separation between the sewer and water connections. As drafted it appears that this plan shows the utilities with approximately 7 feet between those utilities. Thank you, Bob MacKinnon 20