Planning and Development Saco City Hall

300 Main Street

Saco, Maine 04072-1538

Emily Cole-Prescott City Planner

Eprescott@sacomaine.org

Phone: (207) 282-3487 ext.357

Revised Agenda Planning Board

Tuesday, April 2, 2019 City Hall Conference Room

5:30 PM Workshop/6:00 PM Regular Meeting 5:30 PM: Workshop 1. Continued Discussion: Private Roads 6:00 PM: Regular Meeting 1. Call to Order 2. Review Minutes of Previous Meeting: March 19, 2019 3. New Business, Tabled Items & Public Hearings –

a. 524 Main Street (Map 41 Lot 10-1 & 11): Design Review & Site Plan Amendment – Site & Façade Upgrades to existing drive-through McDonalds restaurant Applicant: McDonalds Corporation Zone: B-2D This item will be on a future agenda.

b. Baxter Lane: Request for Recommendation for City Street Acceptance Applicant: Mike Eon

c. Eloise’s Place (Map 101 Lot 31-2): Final Subdivision Plan Review Applicant: CVS Foundations LLC Zone: C-1

d. 4 Cascade Road (Map 62 Lot 1-4): Preliminary Plan Review for Re-subdivision to create one lot Applicant: Amari Holdings LLC Zone: MU-3 & Cascade Contract Zone

4. Updates from City Planner 5. Old Business 6. Adjournment

No new business will be taken up after 9:00 PM. No business shall be conducted by the Board after 10:00 PM.

Planning Board

Meeting Packet – April 2, 2019 Table of Contents

Regular Meeting Items: Page #

3 6 7 13 21 26 30 31 36

38 46 49 67 68 69 70 74

1. Minutes of March 19, 2019 Meeting 2. Baxter Lane: Street Acceptance Recommendation Request

a. Memo from City Planner b. Letter, Warranty Deed & As Built

3. Eloise’s Place: Final Subdivision Review a. Memo from City Planner b. Letters from BH2M & Final Plan Review Application c. Plans revised through 02/06/19

i. Review Memo from City Engineer dated 03/05/19 d. Response letter dated 03/14/19 & Revised plans dated through 03/13/19

i. Review Memo from City Engineer dated 03/27/19 4. 4 Cascade Road: Re-subdivision Application

a. Memo from City Planner b. Letters from BH2M dated 03/27/19 and 03/12/19 c. Application & Supplemental Information d. Soil Map e. Amended Parcel Plan f. Existing Conditions Plan g. Traffic Peer Review h. Comments from City Staff Reviewers

Planning and Development Saco City Hall

300 Main Street

Saco, Maine 04072-1538

Emily Cole-Prescott City Planner

Eprescott@sacomaine.org

Phone: (207) 282-3487 ext.357

Minutes Planning Board

Tuesday, March 19, 2019 5:30 PM Workshop/6:00 PM Regular Meeting

City Hall Conference Room (First Floor)

Present for the Board: Acting Chair Don Girouard; Peter Scontras; Joyce Leary-Clark; Matt Provencal; Jeff Brochu; Alyssa Bouthot Absent for the Board: Chair Neil Shuster Also Present: Roger Gay, City Council Liaison; Joe Laverriere, City Engineer; Dave Pendleton, Deputy Fire Chief; Emily Cole-Prescott, City Planner

Workshop – 5:30 PM

1. Flag Pond Road (Map 92 Lot 19) – Sketch Plan Review of 4 proposed lots: Applicants Chris Hollis and Paul Hollis were present to review the sketch plan with the Planning Board. The Board reviewed the sketch plan and offered general, non-binding feedback to the applicants. The applicants will receive a written report with comments from the PDRC, Planning Board and City Staff.

2. Review of Private Roads: The Board reviewed this matter. E. Cole-Prescott will return to the Board with additional research on this topic.

Note: Regular meeting is audio recorded. These audio records will be posted on the City’s website and available for public review within one week of the meeting.

Regular Meeting – 6:00 PM

1. Minutes of March 5, 2019 Meeting: Peter Scontras moved to approve the minutes of the March 5, 2019 meeting as presented. Joyce Leary-Clark seconded the motion, and it carried unanimously.

2. Public Hearing: 4 Cascade Road (Tax Map 62 Lot 2-1): Continued Site Plan Review of proposed 6,000 square ft. commercial building Applicant: Amari Holdings Zone: MU-3 & Contract Zone E. Cole-Prescott indicated that the request is to table the application until the next meeting, as the applicant has submitted a subdivision amendment application for the Board’s next meeting, to be reviewed in addition to the pending site plan review application. Joyce Leary-Clark moved to table the application for the proposed Amari commercial building to the next meeting on April 2, 2019. Peter Scontras seconded the motion, and it carried unanimously.

3. Public Hearing: Review of proposed amendment to Contract Zone (Contract Zone Agreement by and between Park North Development LLC and Preston Properties LLC and the City of Saco)

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Applicant: Preston Properties, LLC Elliott Chamberlain, representing Preston Properties LLC and Park North was present for this application. Overview: E. Cole-Prescott introduced the contract zone amendment application, indicating that the purpose of the amendment request is to add the uses of “contractors” and “offices of contractors and tradesmen” to parcel 2 of the Park North Contract Zone. E. Cole-Prescott indicated that “offices of contractors and tradesmen” is a permitted use in the underlying MU-3 zoning district. E. Cole-Prescott also shared with the Board a copy of the compliance summary compiled to outline what conditions of approval of the Park North Contract Zone have been completed, in progress, and yet to be done. Discussion: Acting Chair Girouard expressed the differences of the definitions of “contractors” and “offices of contractors and tradesmen” as found in the definitions section of the Zoning Ordinance. He noted future uses on the site could become quite large and disruptive to the residential neighborhood in the mixed-use zone environment, and mentioned this for the Board’s consideration. He noted outside storage is allowed with the contractors use but not with the offices of contractors and tradesmen use. Other Board members discussed the differences of the uses, and how the uses could potentially impact the area. Alyssa Bouthot suggested adding “contractors” as a conditional use, and “offices of contractors and tradesmen” as a permitted use. This would require “contractors” uses to be reviewed per section 230-901 of the Zoning Ordinance, along with any applicable requirements of the site plan review provisions. Public Hearing: Alyssa Bouthot moved to open the public hearing on this contract zone amendment request. Peter Scontras seconded the motion, and it carried unanimously. Roger Gay, City Council Liaison, asked questions about the progress of the trail system, and Elliott Chamberlain replied that the trail system is underway. There was no other public comment. Alyssa Bouthot moved to close the public hearing. Jeff Brochu seconded the motion, and it carried unanimously. Discussion: The Board discussed the proposed amendment, and Jeff Brochu clarified that “contractors” would be considered a conditional use subject to section 230-901 of the Zoning Ordinances and site plan review ordinance standards, and “offices of contractors and tradesmen” would be a permitted use, which would require applicable site plan review standards per the ordinance. Joyce Leary-Clark moved that the Board finds the proposed amendment to the contract zone agreement by and between Park North Development LLC and Preston Properties LLC and the City of Saco to add the use of “offices of contractors and tradesmen” as a permitted use and to add “contractors” as a conditional use to Parcel 2 of the Park North Contract Zone, consistent with findings previously made by the Board in the original contract zone, as amended. Matt Provencal seconded the motion. The Board discussed the motion. Joyce Leary-Clark moved to amend her motion to move that the Board finds the proposed amendment to the contract zone agreement by and between Park North

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Development LLC and Preston Properties LLC and the City of Saco to add the use of “offices of contractors and tradesmen” as a permitted use and the use of “contractors” as a conditional use to Parcel 2 of the Park North Contract Zone Agreement, consistent with findings previously made by the Board in the original contract zone agreement. Additionally, the Board finds that the proposed use of “offices of contractors and tradesmen” is a permitted use in the underlying MU-3 zone of Parcel 2. These uses are intended to follow the definitions as found in the current Zoning Ordinance, on record as of March 19, 2019. Therefore, the Board makes a positive recommendation of this amendment request to the City Council. Matt Provencal seconded the amended motion, and it carried, 5-1, with Jeff Brochu in opposition. 4. Adjournment: Without objection, the Board adjourned at 7:02 PM. Respectfully submitted, Emily L. Cole-Prescott City Planner

Planning and Development Saco City Hall

300 Main Street

Saco, Maine 04072-1538

Emily Cole-Prescott City Planner

Eprescott@sacomaine.org

Phone: (207) 282-3487 ext.357

TO: Planning Board FROM: Emily Cole-Prescott, City Planner CC: Mike Eon, Mike Eon Associates DATE: March 27, 2019 RE: Baxter Lane: Request for Recommendation for Road Acceptance

Overview: Mike Eon, developer of the eleven-lot subdivision at 300 Bradley Street, received subdivision approval on September 6, 2016. On October 15, 2018, Mr. Eon wrote to former Planner Zach Mosher requesting review of street acceptance of Baxter Lane. Since that time, Mr. Eon has worked with City Staff to address any outstanding concerns. There are currently four homes constructed on Baxter Lane. Departmental Reviews: The Public Works Department, Planning & Development Department and City Attorney have reviewed the request with Mr. Eon. The road is built to City Standards, and the accompanying deeds and as-builts have been revised to the satisfaction of the Public Works Department. Other reviewers have responded as follows: Code Enforcement Department: No issues. Police Department: No issues. Parks & Recreation Department: Ryan Sommer, Director, indicated that street trees are not

shown on the as built. Discussion and Action: The Planning Board is asked to make a recommendation to the City Council on the City’s street acceptance of Baxter Lane. This process is outlined in Section 186-37(F): “The City Planner will seek a recommendation from the Planning Board. The Planning Board shall consider the comments of City staff in arriving at a recommendation as to whether or not the street shall be accepted, which shall be forwarded to the City Council. Final action on the street acceptance will be made by the City Council.” The developer has fulfilled the written standards outlined in ordinance, and pending final response from any other Staff reviewers remaining to respond and final review by the City Attorney, a suggested motion is: “Pursuant to Chapter 186 of the City’s ordinances, I move that the Planning Board forward a positive recommendation for Baxter Lane street acceptance to the City Council.”

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After Recording Return to: City Administrator City of Saco 300 Main Street Saco, ME 04072 ________________________________________________________________________

(the space above is reserved for recording information)

WARRANTY DEED Maine Statutory Short Form

KNOW ALL MEN BY THESE PRESENTS, That M & B LAND HOLDINGS,

LLC, , a Maine limited liability company with a mailing address of P.O. Box 444, Biddeford, ME 04005, for consideration paid, grants to THE CITY OF SACO, a body politic and corporate, with a mailing address of 300 Main Street, Saco, Maine, 04072, WITH WARRANTY COVENANTS, the land in Saco, York County, Maine, described as follows:

PARCEL ONE A certain strip or parcel of land located on the southwesterly sideline of Bradley

Street, also known as Route 5, in the City of Saco, County of York and State of Maine and shown as Baxter Lane on the plan entitled “Final Plan, 300 Bradley, Bradley Street, Saco, Maine” dated May 2016 as revised through 9/6/16, by Berry Huff McDonald Milligan, Inc. and recorded in the York County Registry of Deeds in Plan Book 386, Page 3 (the “Plan”); said Baxter Lane being more particularly described as follows:

Beginning at a granite monument set on the southwesterly sideline of said Bradley Street at the northwesterly corner of Lot 2 as shown on aforesaid plan;

thence in a general westerly direction along said Lot 2 and along a circular curve to the left, circumscribed by a radius of 20.00 feet, an arc length of 31.42 feet to a granite monument set; said granite monument set being S 81˚-35’-34” W a tie distance of 28.28 feet from said previous granite monument set;

thence S 36˚-35’-34” W along said Lot 2, along Lot 4, along Lot 6, along Lot 8 and along Lot 10 a distance of 406.75 feet to a capped iron rod set in the ground (PLS#2190) and land to be conveyed to the City of Saco;

thence N 53˚-24’-26” W along land to be conveyed to The City of Saco a distance of 50.00 feet to a granite monument set and Lot 11 as shown on aforesaid plan;

thence N 36˚-35’-34” E along said Lot 11 a distance of 45.77 feet to a granite monument set;

thence in a general northerly direction along said Lot 11 and along a circular curve to the left, circumscribed by a radius of 20.00 feet, an arc length, of 31.94 feet to a granite monument set and Lot 9; said granite monument set being N 09˚-09’-24” W a tie distance of 28.65 feet from said previous granite monument set;

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thence N 54˚-54’-23” W along said Lot 9 a distance of 29.49 feet to a granite

monument set;

thence N 36˚-35’-34” E along said Lot 9 a distance of 50.02 feet to a capped iron rod set in the ground (PLS #2190) and Lot 7;

thence S 54˚-54’-23” E along said Lot 7 a distance of 30.53 feet to a granite monument set;

thence in a general easterly direction along said Lot 7 and along a circular curve to the left, circumscribed by a radius of 20.00 feet, an arc length of 30.89 feet to a granite monument set; said granite monument set being N 80˚-50’-35” E a tie distance of 27.91 feet from said previous granite monument set;

thence N 36˚-35’-34” E along said Lot 7, along Lot 5, along Lot 3 and along Lot 1 a distance of 270.96 feet to a granite monument set;

thence in a general northerly direction along said Lot 1 and along a circular curve to the left, circumscribed by a radius of 20.00 feet, an arc length of 31.42 feet to a granite monument set and the southwesterly sideline of said Bradley Street; said granite monument to be set being N 08˚-24’-26” W a tie distance of 28.28 feet from said previous granite monument set;

thence S 53˚-24’-26” E along the southwesterly sideline of said Bradley Street a distance of 90.00 feet to the point of beginning. The above described Baxter Lane is to be used and maintained as a public street and contains 24,182 s.f.. All bearings refer to grid north. PARCEL TWO:

ALSO conveying herewith that certain lot or parcel of land situated generally southwesterly of, but not adjacent to, Bradley Street in said Saco and being that lot shown and depicted as “Land to be Conveyed to the City of Saco, 29,239 S.F.” on the Plan, together with the “10 Access Easement For The City of Saco” running along the southerly boundary of Lot 11 as shown on the Plan said 29,239 S. F. parcel being more particularly bounded and described as follows:

A certain lot or parcel of land located at the terminus of Baxter Lane, so-called, in the City of Saco, County of York and State of Maine and shown on the plan titled “Final Plan, 300 Bradley, Bradley Street, Saco, Maine” for M&B Land Holdings, LLC, dated May 2016 as revised through 9/6/16, by Berry Huff McDonald Milligan, Inc. and recorded in the York County Registry of Deeds in Plan Book 386, Page 3; said parcel being more particularly described as follows:

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Beginning at a capped iron rod set (PLS #2190) at the terminus of the southeasterly sideline of said Baxter Lane at the southwesterly corner of Lot 10 and corner or remaining land of M&B Land Holdings, LLC as shown on aforesaid plan;

thence S 36˚-35’-34” W along the remaining land of M&B Land Holdings, LLC a distance of 275.27 feet to a capped iron rod set (PLS #2190);

thence N 30˚-04’-54” W along the remaining land of M&B Land Holdings, LLC a distance of 197.13 feet to a capped iron rod set (PLS #2190) and land now or formerly of Mark W. Pierson;

thence N 35˚-05’-37” E along the land of said Pierson a distance of 50.00 feet to a capped iron rod set (PLS #2190) and Lot 11 as shown on aforesaid plan;

thence S 86˚-37’-16” E along said Lot 11 a distance of 158.16 feet to a capped iron rod set (PLS #2190);

thence N 36˚-35’-34” E along said Lot 11 a distance of 60.59 feet to a granite monument set and the terminus of the northwesterly sideline of said Baxter Lane;

thence S 53˚-24’-26” E along the terminus of said Baxter Lane a distance of 50.00 feet to the point of beginning. The above described parcel contains 29,239 s.f.. All bearings refer to grid north.

ALSO conveying herewith, subject to the obligation to maintain the same, to be used in common by M & B Land Holdings, LLC, its successors and assigns and all others who may now have or may hereinafter be granted rights to use the same, their respective heirs, successors and assigns all those drainage and utility easements, detention ponds, pipes and appurtenances, all as shown and depicted on said Plans or which may have been physically created or which may have been granted to or created by M & B Land Holdings, LLC by deeds, recorded plans, agreements, conveyances or otherwise and also all the Grantor's right, title and interest in and to any drainage and sewerage pipes, pumping stations, pumps, manholes, covers, catch basins, valves and couplings, wires and appurtenances installed in, on or under the real estate or interest in real estate herein conveyed together with the responsibility to maintain the same with the exception of any portion of the electric distribution system, cable and telephone distribution system and water distribution system, whether encompassed within the bounds of Baxter Lane or not.

The above described premises are hereby conveyed: (1) subject to such utility service

easements or other easements or rights-of-way on, over, under or across said property as may now have any legal existence, including, but not limited to, Easement Dedication and Declaration dated July 2, 2018, and recorded in York Registry of Deeds in Book 17764, page 462, and Easement Dedication and Declaration dated July 2, 2018, and recorded in York Registry of Deeds in Book 17764, page 466; (2) together with the benefit of any appurtenant utility service easements or other easements or rights-of-way; (3) subject to all federal, state

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and local land use statutes, ordinances and regulations; and (4) reserving to M & B Land Holdings, LLC, its successors and assigns and all others who may have heretofore been granted the right to use the same the right to continue to use such roadways, rights of way and easements, and to tie into, connect with, and utilize such drainage or sewerage pipes, pumps, manholes, covers, catch basins, valves couplings, wires or other appurtenances installed in, on or under the conveyed premises for the benefit of its remaining land or land which it may hereinafter acquire, subject, however, to compliance with all applicable local, state and federal laws, ordinances, rules, regulations, permits, and the payment of all then required fees, all to be used in common with the within Grantee, its successors and assigns, and others who may have been or may be granted similar rights.

It is specifically provided that nothing in this deed shall be construed as a transfer of

title to the Grantee or responsibility for the maintenance, repair or replacement of the presently existing and installed community mailbox which lies within the limits of Baxter Lane to the Grantee, it being agreed that the responsibility for the maintenance, repair and replacement shall lie in the Grantor or a duly appointed agent, including a Homeowner’s Association and all appropriate easements and rights to allow the continued maintenance of the same in its present location, and the use, repair and replacement of the same are hereby reserved.

For Grantor’s source of title reference is made to deed of Charles L. Nickerson,

Personal Representative of the Estate of Clifford L. Sawyer to M & B Land Holdings, LLC, dated August 2, 2004, and recorded in York Registry of Deeds in Book 14182, page 991.

IN WITNESS WHEREOF, M & B Land Holdings, LLC, has caused this instrument

to be signed and sealed in its name and behalf by Michael R. Eon, its Member, thereunto duly authorized this ______ day of ________________, 2018. SIGNED, SEALED AND DELIVERED IN PRESENCE OF: M & B Land Holdings, LLC ___________________________ By: ___________________________ Witness Michael R. Eon, Its Member STATE OF MAINE YORK, ss. ________________, 2018

Personally appeared the above named Michael R. Eon, Member of M & B Land Holdings, LLC and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said limited liability company.

Before me, ____________________________________ Notary Public/Attorney-At-Law Printed Name: ________________________

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Planning and Development Saco City Hall

300 Main Street

Saco, Maine 04072-1538

Emily Cole-Prescott City Planner

Eprescott@sacomaine.org

Phone: (207) 282-3487 ext.357

TO: Planning Board CC: Walter Pelkey, BH2M Engineering FROM: Emily Cole-Prescott, City Planner DATE: March 27, 2019 RE: Eloise’s Place (Map 101 Lot 31-2): Final Subdivision Plan Review

Overview: This is a 5-lot subdivision off of Lincoln Road. On February 5, 2019, the Planning Board granted preliminary approval for the subdivision plan. Since that time, Walter Pelkey of BH2M has submitted a final plan application with revised plans and a copy of the Maine DEP Construction General Permit. Application Completeness: Between the documentation submitted for preliminary plan review and the subsequent documentation submitted for final plan review, staff considers the application to be complete. A suggested motion is: “I move to find the application for final plan approval for Eloise’s Place complete.” Public Hearing: The Board should hold a public hearing to receive public input. A suggested motion is: “I move to open the public hearing.” After public comment is received, “I move to close the public hearing.” Departmental Reviews: City Engineer Joe Laverriere has reviewed the plan and provided additional comments to be addressed in his memo dated March 27, 2019. Discussion and Action: The applicant has addressed the following conditions of preliminary plan approval:

• Condition #22: The final plan shall be revised to identify the parcel labeled “Phase 2” on the preliminary plan as “Lot 5.” Phase Two has been renamed Lot 5.

• Condition #23: Existing structures on the Altman and Hottinger parcels shall be shown on the final plan so that a determination can be made as to potential impacts on setbacks due to creation of the proposed new street right of way. Structures are shown on the Hottinger parcel, but the structure shown on the Altman parcel seems to be a partial structure.

• Condition #24: Notes on all sheets of the final plan shall be reviewed, and updated or corrected as necessary. The plans have been updated.

The drafted conditions of approval have been written to allow additional engineering review to be completed to the satisfaction of the Public Works Department and City Engineer. If the Board agrees, a suggested motion is: “I move that the Board grant approval for the final subdivision plan based on the following findings of fact and conditions of approval.”

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Saco Planning Board

Eloise’s Place Subdivision Findings of Fact – Final Subdivision Plan

April 2, 2019

The Saco Planning Board hereby finds: 1. The Eloise’s Way subdivision has a project area of 23.4 acres. It is proposed for the development

of single-family dwellings on four (4) lots, served by a dead-end street with turn-around built to City standards, and a stormwater management system. A fifth lot will be part of the subdivision, with access directly on Lincoln Road. A private well and individual septic system would service each of the proposed lots. Four of the lots would be serviced by underground utilities located within the Eloise’s Way right of way. The fifth lot will be served by overhead utilities from Lincoln Road.

2. The record owner of the property and the applicant is CVS Foundations, LLC, 1 Fiero Drive, Old

Orchard Beach ME 04064. 3. The project manager is Walter Pelkey, BH2M Engineers, 28 State Street, Gorham, Maine 04038. 4. The project parcel is identified as Tax Map 101, Lot 31-2, in the C-1 zoning district. Said lot is

referenced in Book 17509, Page 369, York County Registry of Deeds. 5. The project requires review and approval according to City of Saco Subdivision Regulations. 6. The applicant has submitted a plan set dated February 2018 and revised through 03/13/19. The

sheets are listed as follows:

• Sheet 1 Final Plan

• 2 Roadway Profile

• 3 Erosion Control Details

• 4 Standard Details 7. Traffic generated by the five proposed lots would result in approximately forty-eight (48) vehicle

trips on a typical weekday. Sight distance is reported as greater than 550 feet in each direction for a vehicle exiting Eloise’s Way onto Lincoln Road.

8. Pedestrian needs: The applicant has requested a waiver of Section 5.2.2(16) sidewalks and curbs,

which was granted by vote of the Board at its 10/2/18 meeting. 9. Sewer service does not exist in the immediate area. A preliminary soil evaluation has been

submitted, dated July 24, 2018, prepared by Mark Hampton Associates, Inc. Suitable soils and adequate area for a septic system have been identified on each of the proposed lots.

10. Public water does not exist in the immediate area. Individual drilled wells are proposed as a source

of domestic water.

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11. Stormwater Management: A stormwater management report has been submitted that identifies a

proposed public road and associated utilities. A proposed private road serving lots 1 and 2 was included on an initial plan set, but has subsequently been revised to indicate lot 5 with no road. The two ways were designed for approximately 0.837 acre of impervious area, and 1.066 acre of vegetated area, totaling 1.903 acres of developed area.

12. Wetlands: A total of 3,891 s.f. of wetlands are proposed for disturbance on this site, as identified

and delineated by Mark Hampton, Mark Hampton Associates. A vernal pool assessment has been performed as well, dated May 28, 2018, and reports no egg masses or habitat suitable for amphibian breeding. The City has employed Normandeau Associates to review Mr. Hampton’s findings, which have been found acceptable. A Per Net Lot Area Calculation has been included on the preliminary subdivision plan detailing net lot area after wetland deductions.

13. Erosion and sedimentation control will be accomplished via temporary and permanent measures

as detailed on Sheet 3 of the plan set. 14. The submissions detailed above are sufficient to make a determination on the completeness of

submissions, and compliance with City of Saco Subdivision Regulations and Zoning Ordinance, of the preliminary subdivision plan.

The Planning Board has considered the following criteria from the Subdivision Regulations, and before granting approval for the preliminary plan has determined that:

1.1.1 Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it has at least considered:

A. The elevation of the land above sea level and its relation to the flood plains; B. The nature of soils and subsoils and their ability to adequately support waste disposal;

C. The slope of the land and its effect on effluents; D. The availability of streams for disposal of effluents; and

E. The applicable state and local health and water resource rules and regulations;

1.1.2 Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision based on the proximity of existing private wells in the area; no concerns have been reported;

1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on the existing water supply, as no connection to the Maine Water Company system is available or proposed;

1.1.4 Erosion. The proposed subdivision 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, based on the temporary and permanent erosion controls that are proposed;

1.1.5 Traffic. Though the proposed subdivision 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, the applicant has agreed with the Board that a portion of the vehicular

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trips generated by this subdivision will utilize the Rte. 112/Exit 36 corridor. The applicant agrees to make provision for offsetting this impact through the payment of $925.00 per lot, payable to the Code office upon the issuance of a building permit. 1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services based on test pit locations and soil logs submitted;

1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality's ability to dispose of solid waste;

1.1.8 Aesthetic, cultural and natural values. The proposed subdivision 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;

1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation, zoning ordinance, and the 2011 Comprehensive Plan;

1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section;

1.1.11 Surface waters; outstanding river segments. Whenever 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, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

(1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore. (2) The frontage and set-back provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983;

1.1.12 Ground water. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of ground water;

1.1.13 Flood areas. Based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. The subdivision is not in such an area;

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1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of these wetlands;

1.1.15 River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, "river, stream or brook" has the same meaning as in Title38, section 480-B, subsection 9;

1.1.16 Storm water. The proposed subdivision will provide for adequate storm water management, based on the submitted stormwater management plan and review of said plan by City Engineer Joseph Laverriere, P.E.;

1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1;

1.1.18 Lake phosphorus concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond's phosphorus concentration during the construction phase and life of the proposed subdivision; and 1.1.19 Impact on adjoining municipality. The proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality.

15. Based on the foregoing, the project meets the standards of approval for the preliminary

subdivision plan, as outlined in the City of Saco Subdivision Regulations. Voted by the Planning Board on April 2, 2019. On Behalf of the Planning Board, Signed: __________________________________________ Emily Cole-Prescott Date City Planner

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Saco Planning Board Eloise’s Way Subdivision

Final Plan Review Conditions of Approval

April 2, 2019 1. All details will conform to City of Saco standards, including but not limited to the City of Saco

Zoning Ordinance and Subdivision Regulations. 2. Approval of the final plan is conditioned upon compliance by the applicant with any and all oral

commitments regarding the project which were specifically made by the applicant to the Board in the course of its deliberations.

3. This approval is governed by the action taken by the Saco Planning Board for the final subdivision

plan. 4. No deviations from the approved plans are permitted without prior approval from the Planning

Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner.

5. A Letter of Credit, acceptable to the City of Saco, shall be established for 150% of the

construction cost of all required improvements, including but not limited to the following: utility installation, landscaping, paving, work within ROW, road construction, drainage, loam & seed, and sediment & erosion control. To establish the amount of the Letter of Credit, the applicant shall provide the City with itemized, per unit cost estimates, and a construction schedule, at least one week before any anticipated site work. This Letter of Credit shall be maintained for a period not less than three months beyond the anticipated completion of the project.

6. Prior to work commencing, the applicant shall establish a construction inspection account equal

to 3% of the base cost of the Letter of Credit. 7. No work shall commence until two mylar sets and three paper sets of the final plans have been

received by the Planning Office, signed by the Planning Board and recorded at the York County Registry of Deeds. Proof of recording shall be submitted to the Planning Office.

8. Prior to any construction activities, the applicant and contractor shall meet with the City Engineer

and City Planner to review plans, inspection schedules and erosion control practices. 9. All plans and specifications shall be provided on disk in an AutoCAD format. The final plan shall

be submitted in digital format as a single composite electronic file. The plan may be submitted on a disc, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. See Section 6.2.6 of the Subdivision Regulations for further detail.

10. As-built plans shall be submitted before the final release of the Letter of Credit. 11. Stumps generated on-site will be ground and either used on-site for erosion control or will be

7

hauled off-site. Stumps shall not be buried within areas shown as right of way on the final plan.

12. No filling or alteration of wetlands on individual lots shall be done without the appropriate state or local approvals.

14. The applicant shall be responsible for providing the following basic services:

• Snow plowing of all ways in a manner similar to that provided by the City of Saco for City streets;

• Trash pick-up from all inhabited units. This acknowledges that trash pick-up has customarily been provided by the City to homeowners on unaccepted subdivision streets if trash containers are transported to the corner of the unaccepted subdivision street and the nearest City street. If any homeowner is further than 500 feet from said City street, the applicant shall contract with a private hauler of solid waste in order to provide private curbside pick-up for such homeowners;

• Maintenance of all roadway surfaces, drains, sewers and other utilities;

• Installation of street signs and lights. Lights are to be energized no later than at the time of issuance of the Certificate of Occupancy to the first occupied residence in the subdivision;

• The costs of performing the provisions of this section shall be added into the bond or surety provided for in Article 8 or included in the covenant provided for in Article 8

15. The applicant shall, upon beginning construction of Eloise’s Way, post a sign of a size no

smaller than two feet by three feet and with two inch letters on black on a white background, with the following message: “This is not a public way owned by the City of Saco.” The sign shall identify the developer and include an address and telephone number which may be used to contact the applicant.

16. The applicant shall confer with the Parks and Recreation Department prior to planting of

street trees. 17. Upon completion, the subdivision is projected to generate 48 Average Daily Trips, a

percentage of which are anticipated to impact the Rte. 112/Exit 36 corridor. The 2015 update of the Rte. 112 Corridor Study recommends a mix of mitigation measures designed to address existing and potential operational and safety deficiencies within the corridor, including signalization of the Rte. 112 and Jenkins Road intersection upon achieving MDOT warrants, and consideration of a traffic signal at the Spring Street/North Street intersection. Based on the projected impacts of this project, a traffic impact fee of $925 per lot is required.

18. The design engineer shall be required to inspect the construction and stabilization of the

stormwater structures on the site in accordance with the requirements contained in Chapter 7 of the MDEP’s Volume III Stormwater BMP Technical Design Manual. Inspections shall be performed as detailed in the Construction Oversight requirements contained in Section 7.1.4.

19. The applicant shall be required to perform routine inspection and maintenance of the

stormwater facilities as outlined in the operations and maintenance manual development

8

specifically for the site. A copy of the annual inspection and maintenance report including inspection log(s) shall be submitted annually (by July 15th of each year) to the City Public Works Department.

20. As part of the project’s as-built certification for roadway and utility infrastructure, the applicant

shall provide a Stormwater Management System As-Built Certification. Prior to the issuance of a Certificate of Occupancy for any lot, the Applicant shall submit evidence in the form of a letter with as-built survey plan prepared and stamped by a Professional Engineer who either prepared the Post-Construction Stormwater Management Plan and its associated Facilities or supervised the Plan and Facilities construction and implementation. The letter or plan shall certify that the Stormwater Management Facilities have been installed in accordance with the approved Post-Construction Stormwater Management Plan and that they will function as intended by said Plan. The as-built survey plan shall be performed for all post-construction stormwater facilities to document general conformance with the approved plans.

21. Proposed driveway locations to individual lots are subject to review and approval by the

Department of Public Works prior to the issuance of a building permit. 22. Documentation for any and all proposed easements will be submitted to the City Staff, and

completed to the satisfaction of City Staff. 23. Remaining engineering comments provided by City Engineer Joe Laverriere will be addressed

and incorporated to the satisfaction of City Staff. 24. Because the subdivision does not offer open space or recreational areas, the open space and

recreation impact fees shall be applied to each lot, payable to the Code Enforcement Department at time of building permit.

With these Conditions and the accompanying Findings of Fact, the Saco Planning Board hereby finds that the applicant has satisfied the requirements set forth in the City of Saco Subdivision Regulations and in the Zoning Ordinance. Approval for the final subdivision plan is hereby granted, contingent on these Conditions of Approval. Voted by the Saco Planning Board on April 2, 2019. Signed, on behalf of the Planning Board: ______________________________________________ Emily Cole-Prescott Date City Planner

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https://cityofsaco.sharepoint.com/PlanningDepartment/SecurePlanDev/Shared Documents/Properties and Developments/ELOISE WAY_off Lincoln

Rd/2019-3-5 Eloises Way Review Memo.docx Page 1 of 1

MEMORANDUM

TO: Denise Clavette, Interim Planner Planning Account No.: 300345

DATE: March 5, 2019

RE: Eloises Way Subdivision – Final Subdivision Plan Tax Map 101, Lot 31-2

The Department of Public Works (DPW) has reviewed the final subdivision plan application materials for the above referenced project prepared by BH2M, dated February 14, 2019. The following comments have been prepared

based upon our review of the recent resubmission:

1. As commented previously, the roadway embankment grading depicts 2:1 slopes in several areas, which does not meet the 3:1 standards in the Subdivision Regulations nor the typical detail shown on the plans.

2. As commented previously, prior to the start of construction, the applicant shall submit a copy of the CMP electrical plan for the development and the applicant shall confer with the DPW for the location of an

electrical service and meter set to serve the street light system.

3. As commented previously, due to the flat nature of the site, the depth of the roadside ditches shall be

designed to provide 2’ of cover over the top of all driveway culverts. The typical roadway sections should specify the minimum roadside ditch depth as 39” in all locations to ensure adequate cover over driveway

culverts. The plans have been revised with changes to the ditch line vs. raising the road profile to achieve

drainage depth below the roadway base. These ditches have slopes of less than 1% to 0%, no slope at all for several hundred feet, which is not acceptable. It appears that the road profile for the first half of the

road is too low.

4. The roadway embankment slopes appear very steep. All grading within the public right-of-way are

typically 3H:1V. In instances where this cannot be met, then the slope may be increased to 2H:1V with consent from DPW. This appears to be the case at the intersection with Lincoln Road in order to maintain

2’ of cover over the entrance culvert.

We look forward to discussing this project further and would be happy to clarify any of our comments made within this

review memo.

CITY OF SACO, MAINE Saco Public Works Department Joseph A. Laverriere, P.E. – City Engineer 300 Main Street Telephone: (207) 284-6641

Saco, Maine 04072 Email: jlaverriere@sacomaine.org

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MEMORANDUM

TO: Emily Cole-Prescott, Planner Planning Account No.: 300345

DATE: March 27, 2019

RE: Eloises Way Subdivision – Final Subdivision Plan Tax Map 101, Lot 31-2

The Department of Public Works (DPW) has reviewed the revised final subdivision plan application materials for the above referenced project prepared by BH2M, dated March 13, 2019. The following comments have been

prepared based upon our review of the recent resubmission:

1. The 2:1 embankment grading on roadway slopes due to the existing right-of-way and wetland restrictions could be lessened with a 2’ gravel shoulder, rather than the 4’ wide shoulder. We are agreeable to the 2:1

embankment slopes along the proposed entrance road. There is a portion on the right hand side where the slopes exceed 2:1 near the entrance to Lincoln Road. We are not agreeable to the grading as shown in the

area. Possible solutions include obtaining an easement from the abutter to allow for the grading to be adjusted to allow for the 2:1 or enclosing a portion of the ditch within a short run of stormdrain per the

attached image and adjusting the grading accordingly.

2. The elevation of the designed entrance culvert may require ditching along Lincoln Road for positive drainage.

3. The continued revisions to obtain the required depth of ditches, without raising the road profile, still result in minimal slope ditches. The revisions also require an extension of the controlling outlet level lip spreader

beyond the shown contours. The roadway drainage is dependent upon this outlet elevation and ditches with less than 1% slopes. The outlet appears to be in an extremely flat contour area without a well-defined

positive slope swale between the roadway and the level lip spreader. With the designed profile of the roadway, there are areas of the roadway where subgrade will be lower than the adjacent wetlands, with

marginal drainage of the road subgrade.

The roadway profile and grading needs to be raised to improve the drainage system design. DPW requests

that the roadway subgrade be elevated above the existing elevations of the wetlands and that the ditches

have slopes of 1% minimum in order to effectively maintain. We continue to have concerns with the long-term performance and maintenance of this roadway as designed and therefore, we do not recommend

approval of this design for potential future acceptance by the City.

As part of any subsequent site plan or subdivision approval, we recommend the following conditions be included:

1. Prior to the start of construction, the buffer areas should be marked in the field and copies of the recorded

buffer deed restrictions shall be provided to the Planning Department.

We look forward to discussing this project further and would be happy to clarify any of our comments made within this

review memo.

CITY OF SACO, MAINE Saco Public Works Department Joseph A. Laverriere, P.E. – City Engineer 300 Main Street Telephone: (207) 284-6641

Saco, Maine 04072 Email: jlaverriere@sacomaine.org

Planning and Development Saco City Hall

300 Main Street

Saco, Maine 04072-1538

Emily Cole-Prescott City Planner

Eprescott@sacomaine.org

Phone: (207) 282-3487 ext.357

TO: Planning Board CC: Walter Pelkey, BH2M & Nate Libby, Amari Holdings FROM: Emily Cole-Prescott, City Planner DATE: March 27, 2019 RE: Amari Site: Subdivision Amendment Request (Map 62 Lot 1-4)

Overview: As the Board is aware, Walter Pelkey and Nate Libby have been working on a site plan review application for a proposed 6,000 square ft. structure and associated site improvements on Lot C5-2. The site plan review application included an amended subdivision plan showing Lot C5-2 divided into two parcels. This divided parcel line was also shown on the site plans submitted for the Board’s review. This division meets the definition of “re-subdivision” found in the Subdivision Regulations, and therefore, requires a subdivision process of preliminary plan review and subsequent final plan review. As such, Walter Pelkey has submitted an application for the amended subdivision and copies of relevant documentation from the site plan review application have been added to this application to fulfill supporting documentation requirements. Before continued review of the site plan may occur, the Board must first review the amended subdivision plan. This proposed lot division meets the minimum lot size and dimensions specified in the Cascade Contract Zone (Contract Zone Agreement by and between Park North Development LLC and the City of Saco). Because this property is part of the existing contract zone, the applicant will be required to also obtain Council’s approval on the re-subdivision, which is a four-step Council meeting process (workshop, first reading, public hearing, and final reading). This item may be conditioned by the Board, to remain in compliance with the contract zone agreement. This site is also subject to a Site Location of Development Permit, which is administered by the DEP. The applicant will be required to record this amendment and obtain approval from the DEP. Application Completeness: The applicant has either submitted, or responded to, the submission requirements outlined in Section 5.2 of the Subdivision Regulations. Some of the noted submission requirements have been provided with the site plan review application, and I have added copies of relevant information to this re-subdivision application, for the record. The applicant has requested that financial and technical capacity be reviewed upon final plan review. The Board may waive this submission requirement. If the Board agrees, a suggested motion is: “I move to waive section 5.2.3(10), only for the Board’s review of the preliminary plan, not for final plan review.” If the Board grants that waiver, a suggested motion is: “I move to find the application complete for preliminary subdivision plan review for the division of one lot.” Departmental Reviews:

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Code Enforcement: Director Dick Lambert indicated that the proposal “meets all parameters of Cascade Contract Zone lot size and setback requirements.”

City Engineer: Joe Laverriere has provided a comment memo on both the re-subdivision application and the site plan review application. I have highlighted the two comments in his enclosed review memo which are most applicable to this application, which have to do with the name of the amendment, and reciprocal easements for vehicular access, utilities, solid waste, etc.

Fire Department: Deputy Fire Chief Dave Pendleton indicated “no concerns providing there are no changes to previously discussed fire department apparatus access and turning movements”.

Discussion: Many of the requirements for both subdivision review and site plan review overlap. However, this preliminary plan review is the first step in a three-step process with the Planning Board that will then require final plan review and continued site plan review. While the plan indicates “Sixth Amendment,” the overall Park North and Cascades subdivision, with this revision, is now on its ninth amendment. The plan should be revised accordingly, and this note has been added as a condition for the Board’s consideration. This revision to the lot lines is not expected to substantially alter the site. While one approval is not contingent upon another, the Board will have a more detailed review of what is planned for the site during the site plan review application process, the application on which the Board provided comments to the applicant on February 19, 2019. To review this application, the Board should consider the following standards found in the Subdivision Regulations: 1.1.1 Pollution. The proposed subdivision will not result in undue water or air pollution. In

making this determination, it shall at least consider: A. The elevation of the land above sea level and its relation to the flood plains; B. The nature of soils and subsoils and their ability to adequately support waste disposal; C. The slope of the land and its effect on effluents; D. The availability of streams for disposal of effluents; and E. The applicable state and local health and water resource rules and regulations;

1.1.2 Sufficient water. The proposed subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision;

1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used;

1.1.4 Erosion. The proposed subdivision 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;

1.1.5 Traffic. The proposed subdivision 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;

1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized;

1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality’s ability to dispose of solid waste, if municipal services are to be utilized;

1.1.8 Aesthetic, cultural and natural values. The proposed subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, significant

3

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;

1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinances, comprehensive plan, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans;

1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section;

1.1.11 Surface waters; outstanding river segments. Whenever 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, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment, the proposed

subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet.

1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore.

2) The frontage and setback provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983;

1.1.12 Groundwater. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater;

1.1.13 Flood areas. Based on the Federal Emergency Management Agency’s Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the subdivider shall determine the 100-year food elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including basement, at least one foot above the 100-year flood elevation;

1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of the wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district;

1.1.15 River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, “river, stream or brook” has the same meaning as in Title 38, section 480-B, subsection 9;

1.1.16 Storm water. The proposed subdivision will provide for adequate stormwater management; 1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a

river, stream, or brook, great pond or coastal wetland as these features are defined in Title

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38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1;

1.1.18 Lake phosphorous concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond’s phosphorous concentration during the construction phase and life of the proposed subdivision; and

1.1.19 Impact on adjoining municipality. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.

The conditions of approval and findings of fact are written in such a way to require any additional information to be submitted for the final plan review. If the Board agrees with the drafted Findings of Fact and Conditions of Approval, a suggested motion is: “ I move to approve the preliminary subdivision plan for Map 64 Lot 1-4 for the creation of one additional lot per the enclosed findings of fact and conditions of approval.”

Saco Planning Board Findings of Fact

Re-Subdivision: Amari Holdings Preliminary Plan Review

Map 62 Lot 1-4 April 2, 2019

1. The applicant and owner is Amari Holdings, LLC, with a mailing address of 5 Stony Pine Circle,

Saco, ME 04072. 2. The agent for the project is Walter Pelkey, of BH2M Engineering, with a mailing address of 28

State Street, Gorham, ME 04038. 3. The proposal is to further divide one lot into two lots (thereby creating one lot) in the Park

North/Cascades Subdivision. The applicant proposes a preliminary re-subdivision plan to create one additional lot from what is termed “Lot C5-2” on the proposed plan.

4. The proposed lot will be 42,779 square feet. The property is located within parcel one of the Cascade Contract Zone, which requires the following for property development:

a. Minimum Lot Size: 7,500 square feet b. Minimum Street Frontage: 50 feet c. Minimum Front Yard: 50 feet (for front yard facing Route 1) d. Minimum Side Yard: 10 feet (for lots not abutting residential/conservation) e. Minimum Rear Yard: 10 feet (for lots not abutting residential/conservation) f. Maximum Building Height: 60 feet g. Maximum Building Coverage: 50%

The property is to be subdivided for future development of a 6,000 square ft. commercial structure and associated site improvements. The applicant has proposed a site plan review application for the commercial building, which will be heard by the Board at a future meeting. 5. The owner has presented right, title and interest in the property with deed filed on the York

County Registry, Book 17473 Page 864. The property is known as 4 Cascade Road, and can be identified as Map 62 Lot 1-4.

6. Although the purpose of this proposal is to only create one lot, the parcel was part of an originally approved subdivision plan and therefore requires preliminary subdivision plan review

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per section 7.1 of the Subdivision Regulations, which outlines the requirements for revisions to approved plans.

7. The applicant has submitted the following Re-Subdivision Plan: Sheet 1 – Sixth Amended Parcel Plan for Park North & the Cascades dated January 2018 revised through February 26, 2019.

8. Traffic generated by this lot will be primarily determined by the use and site plan review proposal. Since the Department has already received documentation and peer review on the amount of traffic proposed with the new uses and newly proposed structure, this information has been included in this preliminary subdivision review application. The traffic analysis indicated that the proposed uses and square footage on site will generate 134 daily trips, with 15 to 16 trips during peak hours. This project is part of the Park North/Cascades subdivision and Cascade Contract Zone. Elliott Chamberlain, developer of Park North, has filed an updated Traffic Movement Permit with the Maine DOT which will include this property.

9. Connectivity/Pedestrian Needs: Any future development on lot C-5 will include sidewalk development as part of the development plan.

10. Sewer: The site will be served by the City’s sewer system, and the current lot is already served by the City’s sewer.

11. Public Water: The site is currently served by Maine Water, and the applicant has requested an updated letter to verify that there is enough capacity to serve this new lot.

12. Stormwater Management: The site is part of the larger Park North/Cascades Subdivision, which included provisions for stormwater. The Public Works Department monitors the amount of stormwater and infrastructure as part of each plan review, to ensure that the stormwater facilities are appropriately sized for new development as it is added to the site. The applicant is expected to fulfill specific stormwater standards through the site plan review process.

13. The submissions detailed above are sufficient to make a determination on the completeness of submissions, and compliance with the City of Saco Subdivisions and Zoning Ordinances, of the preliminary subdivision plan.

The Planning Board has considered the following criteria from the Subdivision Regulations, and before granting approval for the preliminary plan has determined that: 1.1.1 Pollution. The proposed subdivision will not result in undue water or air pollution. In making this determination, it shall at least consider: A. The elevation of the land above sea level and its relation to the flood plains; B. The nature of soils and subsoils and their ability to adequately support waste disposal; C. The slope of the land and its effect on effluents; D. The availability of streams for disposal of effluents; and E. The applicable state and local health and water resource rules and regulations; 1.1.2 Sufficient water. The proposed re-subdivision has sufficient water available for the reasonably foreseeable needs of the subdivision; No concerns have been reported. 1.1.3 Municipal water supply. The proposed subdivision will not cause an unreasonable burden on an existing water supply, if one is to be used; The existing lot is currently served by Maine Water. However, the applicant has requested a capacity letter from Maine Water. 1.1.4 Erosion. The proposed subdivision 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; 1.1.5 Traffic. The proposed subdivision 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; Material submitted

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with the site plan review application and added to the record for this application review indicate 134 daily vehicle trips, which does not require a traffic impact analysis. 1.1.6 Sewage disposal. The proposed subdivision will provide for adequate sewage waste disposal and will not cause an unreasonable burden on municipal services if they are utilized; The current site is served by the City’s sewer system, and the proposal is for this new lot to also be served by the existing sewer system. 1.1.7 Municipal solid waste disposal. The proposed subdivision will not cause an unreasonable burden on the municipality’s ability to dispose of solid waste, if municipal services are to be utilized; 1.1.8 Aesthetic, cultural and natural values. The proposed subdivision 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; 1.1.9 Conformity with local ordinances and plans. The proposed subdivision conforms with a duly adopted subdivision regulation or ordinances, comprehensive plan, development plan or land use plan, if any. In making this determination, the municipal reviewing authority may interpret these ordinances and plans; 1.1.10 Financial and technical capacity. The subdivider has adequate financial and technical capacity to meet the standards of this section; The subdivider has completed other such projects, most recently the gym facility on 4 Cascade Road, next to the proposed location of this property. However, a waiver is requested of this standard only for preliminary plan review, indicating that the financial capacity documentation will be submitted upon final plan review. 1.1.11 Surface waters; outstanding river segments. Whenever 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, the proposed subdivision will not adversely affect the quality of that body of water or unreasonably affect the shoreline of that body of water. A. When lots in a subdivision have frontage on an outstanding river segment, the proposed subdivision plan must require principal structures to have a combined lot shore frontage and setback from the normal high-water mark of 500 feet. 1) To avoid circumventing the intent of this provision, whenever a proposed subdivision adjoins a shoreland strip narrower than 250 feet which is not lotted, the proposed subdivision shall be reviewed as if lot lines extended to the shore. 2) The frontage and setback provisions of this paragraph do not apply either within areas zoned as general development or its equivalent under shoreland zoning, Title 38, chapter 3, subchapter I, article 2-B, or within areas designated by ordinance as densely developed. The determination of which areas are densely developed must be based on a finding that existing development met the definitional requirements of section 4401, subsection 1, on September 23, 1983; 1.1.12 Groundwater. The proposed subdivision will not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater; 1.1.13 Flood areas. Based on the Federal Emergency Management Agency’s Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, and information presented by the applicant whether the subdivision is in a flood-prone area. If the subdivision, or any part of it, is in such an area, the subdivider shall determine the 100-year food elevation and flood hazard boundaries within the subdivision. The proposed subdivision plan must include a condition of plan approval requiring that principal structures in the subdivision will be constructed with their lowest floor, including basement, at least one foot above the 100- year flood elevation;

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1.1.14 Freshwater wetlands. All freshwater wetlands within the proposed subdivision have been identified on any maps submitted as part of the application, regardless of the size of the wetlands. Any mapping of freshwater wetlands may be done with the help of the local soil and water conservation district; A soil map of the site has been provided. 1.1.15 River, stream or brook. Any river, stream or brook within or abutting the proposed subdivision has been identified on any maps submitted as part of the application. For purposes of this section, “river, stream or brook” has the same meaning as in Title 38, section 480-B, subsection 9; 1.1.16 Storm water. The proposed subdivision will provide for adequate stormwater management; This division is part of a larger, previously-approved subdivision, Park North/Cascades. Stormwater facilities have been adequately sized and constructed to handle the additional stormwater impact from this one lot division. Further, more detailed review of the stormwater management will be done upon site plan review. 1.1.17 Spaghetti-lots prohibited. If any lots in the proposed subdivision have shore frontage on a river, stream, or brook, great pond or coastal wetland as these features are defined in Title 38, section 480-B, none of the lots created within the subdivision have a lot depth to shore frontage ratio greater than 5 to 1; 1.1.18 Lake phosphorous concentration. The long-term cumulative effects of the proposed subdivision will not unreasonably increase a great pond’s phosphorous concentration during the construction phase and life of the proposed subdivision; and 1.1.19 Impact on adjoining municipality. For any proposed subdivision that crosses municipal boundaries, the proposed subdivision will not cause unreasonable traffic congestion or unsafe conditions with respect to the use of existing public ways in an adjoining municipality in which part of the subdivision is located.

Saco Planning Board

Conditions of Approval Re-Subdivision: Amari Holdings

Preliminary Plan Review Map 62 Lot 1-4

April 2, 2019

1. All details will conform to City of Saco standards, including but not limited to the City of Saco Zoning Ordinance and Subdivision Regulations.

2. Approval of the preliminary plan is conditioned upon compliance by the applicant with any and all oral commitments regarding the project which were specifically made by the applicant to the Board in the course of its deliberations.

3. This approval is governed by the action taken by the Saco Planning Board for the preliminary subdivision plan application.

4. No deviations from the approved plans are permitted without prior approval from the Planning Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner.

5. The applicant shall adhere to all outstanding comments from City Staff or consultants utilized by the City during review of the project. Failure to provide an adequate response to requests made during Planning Board review may result in denial or tabling.

6. A Letter of Credit, acceptable to the City of Saco, shall be established for 150% of the construction cost of all required improvements, including but not limited to the following: utility installation; landscaping; paving; work within ROW; road construction, drainage, loam & seed; and sediment & erosion control. To establish the amount of the Letter of Credit, the applicant shall provide the City with itemized, per unit cost estimates, and a construction schedule, at least

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one week before any anticipated site work. This Letter of Credit shall be maintained for a period not less than three months beyond the anticipated completion of the project.

7. Prior to work commencing, the applicant shall establish a construction inspection account equal to 3% of the base cost of the Letter of Credit.

8. No work shall commence until two mylar sets and three paper sets of the final plans have been received by the Planning & Development Department, signed by the Planning Board and recorded at the York County Registry of Deeds. Proof of recording shall be submitted to the Planning & Development Department.

9. Prior to any construction activities, the applicant and contractor shall meet with the City Engineer and City Planner to review plans, inspection schedules and erosion control practices.

10. All plans and specifications shall be provided on disk in an AutoCAD format. The final plan shall be submitted in digital format as a single composite electronic file. The plan may be submitted on a disc, via e-mail, or other format acceptable to the City Planner, and shall be compatible with commonly used CAD and/or GIS software. See Section 6.2.6 of the Subdivision Regulations for further detail.

11. As-built plans shall be submitted before the final release of the Letter of Credit. 12. Stumps generated on site will be ground and either used on site for erosion control or will be

hauled off-site. Stumps shall not be buried within areas shown as right-of-way on the final plan. 13. No filling or alteration of wetlands on individual lots shall be done without the appropriate state

or local approvals. 14. No Certificate of Occupancy may be issued without approval of the Traffic Movement Permit

for Park North and the Cascades, which has been filed by Elliott Chamberlain of Park North Development LLC.

15. The Board also references condition #13 of the fifth amended subdivision plan, approved by the Board on March 4, 2014 and incorporates this condition into this approval, which states: “Connectivity for motor vehicles and pedestrians between this development and abutting parcels is a priority for the Board and the City. Accordingly, the applicant and future tenants or buyers of lots within the Cascades and Park North subdivisions are required, where deemed applicable by the Board, to provide as an element of site plan review an engineered proposal with the goal of establishing a paved connection between parcels. An easement or easements that may be necessary to allow for connections between parcels shall be provided by the applicant(s).”

16. The final plan shall be revised to show the correct number of the amendment to the Park North and Cascades Subdivision – 9th Amendment.

17. The final plan shall be revised to indicate the current structures on adjacent parcels, Lots C5-1 and C5-2.

18. The applicant will present documentation of financial and technical capacity for the Board’s review of the final plan.

19. All previous conditions of approval for the Park North and Cascades Subdivisions and subsequent amendments are not altered with this approval. Where there appears to be conflicting conditions, the more strict condition of approval shall apply.

20. The applicant shall present reciprocal easements for vehicular access, solid waste, and any other proposed easements per comment #2 of the City Engineer’s memo dated March 26, 2019.

21. The applicant will file with and obtain approval with the DEP for an amendment to the existing Site Location of Development permit.

22. The applicant will add the applicable Tax Map and Lot numbers to all of the parcels, and shall confirm the numbering with City Staff for final plan review.

23. The applicant is required to obtain City Council’s review of the subdivision amendment, per the terms of the Cascade Contract Zone.

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SUMMARY MEMORANDUM TO: Ms. Emily Cole-Prescott DATE: March 22, 2019

City Planner Saco City Hall 300 Main Street Saco, Maine 04072-1538

RE: Traffic Review for Proposed 4 Cascade Road Office Building – Amari ________________________________________________________________________

Maine Traffic Resources (MTR)/Sewall was requested by the City of Saco to

review traffic impact for the proposed office building at 4 Cascade Road. It is understood that the office building will provide 3,000 square feet (S.F.) of space for a general office and 3,000 S.F. of medical office space. I reviewed the plans and trip generation calculations you provided, prepared by BH2M. My preliminary review comments are summarized below:

1. Trip Generation. I calculated trip generation for the proposed uses utilizing the

most recent 10th edition ITE “Trip Generation” manual. The building, occupied by 3,000 S.F. of each general office and medical office, can be expected to generate:

Time Period # of One-Way Trip Ends

Weekday 134

AM Peak Hour 15

PM Peak Hour 16

As seen above, the office building is expected to generate 134 daily trips and 15 to 16 trips during peak hours. Given that daily trip generation will be less than 400 trips, a full Traffic Impact Analysis is not required by your Site Plan Review ordinance.

2. Existing TMP. There is an existing MaineDOT Traffic Movement Permit for the

Park North and Cascades development. As noted in my recent Park North Daycare Review (dated 1/2/2019), there are several TMP conditions that were required for development to date that have not yet been met. These conditions include:

4 Cascade Road Office Building March 22. 2019 Page 2 of 3

• Improvements to Cascade Road including it be reconfigured to have separate 12-foot-wide left and right turn lanes 200 feet in length, a 4-foot-wide raised island extending back to the most easterly drive and a 12-foot-wide receiving lane. A 75-foot-long fully shadowed left turn lane (with appropriate taper) shall be constructed for vehicles entering into the easterly drive. The easterly drive shall have separate right and left turn lanes, a 15-foot-wide island and a single ingress lane. A stamped island may be used for the westbound approach at the easterly driveway. The westerly driveway shall be a single ingress and egress lane, but shall be right in and right out only. Those improvements shall be constructed prior to occupancy of any building lot within The Cascade portion of the subdivision.

• Interconnect the existing traffic signal at Cascade Road to the proposed

signals and implement a coordination plan between the signals. Coordination plan shall be developed for time of day and by season. These improvements shall be completed once MDOT and City has approved operation, of sequenced traffic signals at Flag Pond Road/Site Drive and Route 1 intersection.

• Route 1 and Waterfall Drive. This intersection is intended to be signalized.

A fully actuated traffic signal shall be installed, but shall remain in flash mode until such time that a signal warrant is met. The entrance shall have two egress lanes consisting of an exclusive left and exclusive right turn lane and two ingress lanes. The ingress and egress lanes shall be separated by a 15-foot-wide island. A 175-foot-long right turn lane with appropriate taper shall be constructed on Route 1. An exclusive left turn lane 150-foot-long shall be constructed opposite the center left turn lane and shall be fully shadowed by a stamped pavement island with appropriate tapers. These improvements shall be completed when the volume of peak hour trips generated by approved sites on building lots within this portion of the subdivision exceed 100 peak hour trips or when the volume of trips projected to enter the subdivision via a left turn exceeds 25 vehicles per hour, unless completed earlier by the applicant.”

Sebago Technics recently indicated for the Cascades Falls Apartments that the Route 1 turn lanes and traffic signal are under design and that the site drive has been completed. Based upon Google Earth, there are no lane lines or pavement markings on the site drive exit, such as left and right turn arrows and stop bar. These site drive markings should be incorporated into the design and installed as soon as feasible.

  

Planning and Development Saco City Hall 300 Main Street Saco, Maine 04072-1538

Emily C. PrescottCity Planner

EPrescott@sacomaine.org Phone: (207) 282-3487 ext.357

TO: Review Committee Comments Due: _________________

FROM: Maggie Edwards Meeting Date: __________________

DATE: _______________ Review Type: __________________

RE:_______________________________________________________________

__________________________________________________________________

Departments:________________________________________________________ Reviewer: _____________________________ Time: _________________________________

Comments:

  

Planning and Development Saco City Hall 300 Main Street Saco, Maine 04072-1538

Emily C. PrescottCity Planner

EPrescott@sacomaine.org Phone: (207) 282-3487 ext.357

TO: Review Committee Comments Due: _________________

FROM: Maggie Edwards Meeting Date: __________________

DATE: _______________ Review Type: __________________

RE:_______________________________________________________________

__________________________________________________________________

Departments:________________________________________________________ Reviewer: _____________________________ Time: _________________________________

Comments:

https://cityofsaco.sharepoint.com/PlanningDepartment/SecurePlanDev/Shared Documents/Properties and Developments/Amari Subdivision Amendment 031219/2019-3-26 DPW Review Cascade Road Commercial.docx Page 1 of 1

MEMORANDUM

TO: Emily Cole-Prescott, Planner Planning Account No.: TBD

DATE: March 26, 2019

RE: Cascade Road Commercial Building Tax Map 62, Lot 1-2

The Department of Public Works (DPW) has reviewed the revised site plan application materials for the above referenced project prepared by BH2M, dated February 26, 2019. The following comments have been prepared

based upon our review:

1. The amended subdivision plan is titled “sixth amended”. Is that correct?

2. The amended subdivision plan should be revised to include reciprocal easements for vehicular access,

utilities, solid waste, etc.

3. There still appears to be discrepancies between the building plans exterior access doors and configuration

of walkways. The walkways do not appear to align with the doors on the west elevation, and the east elevation shows two doors and one walk. The location of the handicap parking spaces on the east entrance

should be reviewed with the access door locations.

4. The curb at the driveway entrances should be labeled on the plan.

5. It appears the existing gym building is fed by underground electrical service from pole #5556 and not from

the adjacent pole as shown on the site plan. Please confirm. If the existing building is serviced from pole #5556, then confirm with CMP that the new building can be served from Up-1 as shown on the plan. These

lines will cross each other and potentially conflict.

6. Confirm with CMP that additional pole mounted transformers can be accommodated for this project. If a pad mounted transformer is required, then it needs to be shown on the site plan.

7. As commented previously, the final design of the water distribution system needs to be reviewed and

approved by the Maine Water Company prior to site plan approval.

8. It is our understanding that the original developer is resubmitting to MaineDOT for the Traffic Movement

Permit associated with the overall development. Without that in place, then it is our understanding that

the City will not allow occupancy of the building until the new permit is in place.

9. Is there any new landscaping proposed as part of this project? The resubmittal indicates no additional

landscaping; however, the architect states landscaping will be provided at each entrance to define and give

them prominence.

10. Has the City’s site lighting peer review consultant reviewed and commented on the exterior lighting

photometrics plan and fixtures with respect to Ordinance standards?

We look forward to discussing this project further and would be happy to clarify any of our comments made within this review memo.

CITY OF SACO, MAINE Saco Public Works Department Joseph A. Laverriere, P.E. – City Engineer 300 Main Street Telephone: (207) 284-6641 Saco, Maine 04072 Email: jlaverriere@sacomaine.org