At the Tuesday, May 18, 2021 Planning Board Meeting, the board voted that the request for a Major Subdivision Review for the construction of a single family home lot and 19 condominiums and a Resource Protection Permit to alter  11,798 square feet of RP2 wetland on lots located at Shore Road and 10 Deep Brook Drive, to be incomplete.    Cape Elizabeth resident Andrew Carr, who currently lives on a portion of the proposed development location, is making the request.  The concept was last discussed during a March 2 Planning Board workshop by Carr and Travis Letellier of Northeast Civil Solutions.

On May 18, Letellier provided the board with a status review of the project’s completeness.  Additionally, he informed the board that the name of the new road and condominium development, Deep Brook Road and Carr Woods, are placeholders which will eventually be renamed.  The utilities will be connecting to the public infrastructure, but the water and sewer system will be a privately held system.  Letellier indicated that an outstanding detail is whether there is an easement for where the stormwater could connect with the current system for drainage.  Following a meeting with the Conservation Committee on May 12, Letellier also explained that the open space layout had to be reconfigured in order to adhere to the requirement of including 45 percent open space, with lots that are no less than 50 feet in width.  The reconfiguration now shows three blocks of open space which would be connected via the eventual new road and sidewalk system.

During the public comment segment of the meeting in which comments were limited to the project’s completeness, most comments came from residents living on property abutting the proposed project.  Comments largely leaned towards the opinion that the project was currently incomplete.  In addition to the uncertainty of the stormwater easement and the open space configuration, others voiced the need for further information on existing bedrock and the inclusion of a community impact analysis.

In response, Chair Jim Huebener asked Town Planner Maureen O’Meara if impact studies are in fact required for every project.  O’Meara answered, “The board has usually required an impact analysis for a project of this size.”  Letellier shared that he was looking for guidance from the board on whether or not a study would be requested.  Huebener and other board members informed Letellier that they would want a community impact study.

Board member Andrew Gilbert added his concern over the stormwater model and the uncertainty of whether an easement would be given.  Without knowing this or whether or not there is a viable alternative, “I can’t see how this is complete enough in my eyes.”  On this point O’Meara shared that based on staff review, the applicant should provide a walk through of the stormwater flow as, “There are serious concerns that the private stormwater infrastructure is inadequate right now; there is anecdotal information that those areas are flooding now.”

Board member Carol Anne Jordan asked that the applicant identify on the map the wetland areas which would be impacted by the project.  O’Meara added that the application should also include rationale on why the road is being moved and what the impact on wetlands would be if the road were to remain in its original location in order for the board to gauge if, “Every effort has been made to minimize the alteration to the extent possible.”

Based on these and other outstanding items as identified by the Town Engineer Steve Harding, and Public Works Director Jay Reynolds, the Planning Board voted 7-0 that the application was incomplete.  A review of all findings, reports, and video recording  can be found on the May 18 Planning Board Meeting calendar event.