COMPLIANCE REVIEW LETTER - LONG MEADOW PLANNING & LANDSCAPE ARCHITECTURE, LLC - Town of York
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LO N G ME A D O W P LAN N IN G & LAN DSCAP E A R CH ITE CT U RE, LLC COMPLIANCE REVIEW LETTER January 8, 2021 (Updates are in red text) York Planning Board Dylan Smith, Planning Director Town of York 186 York Street York, Maine 03909 Application: ViewPoint Hotel – 229 Nubble Road, LLC 780 York Street (Tax Map 25 Lot 193A) Site Plan Review – Amendment Review Status: Application accepted and continued. Board members and Mr. Smith, The following application information has been provided for review: 1. Application and cover letter information entitled: Site Plan Amendment Application “Viewpoint Hotel Restaurant” York, Maine, Prepared for Joe Lipton, 229 Nubble Road, York, Maine 03909, November. Prepared by Civil Consultants. 2. Plan entitled: Site Plan Amendment Plan - Viewpoint Hotel, 229 Nubble Road, LLC, Nubble Road/Spring Street, York, York County, Maine Prepared for CJ Hospitality Group...REV. Date 1/7/2021. Prepared by Civil Consultants. 3. Previously Approved Plan entitled: Amended Lot Line & Site Development for “ViewpPoint”, Surveyed for McGrath Realty Trust 231 Nubble Road, York, Maine 03909. Dated 2/22/2010. Prepared by Civil Consultants. 4. Viewpoint Abutters Plan Exhibit and List. 5. Plan Exhibit entitled: Proposed Sidewalk Layout, 229 Nubble Road, York, York Maine, dated 12/17/2020 6. Review Comment Response Memo prepared by Civil Consultants, dated 1/7/2021 7. Plan entitled: Proposed Conditions Plan, 229 Nubble Road, York, York Maine, dated 1/7/2021 (Plan Prepared to Indicate Available Parking Concept Layout). With review of the above information and the Town’s Zoning ordinance and the Site Plan and Subdivision regulations, I offer the following comments on compliance with the Town’s ordinances. 207.604.4245 cdimatteo@longmeadowpla.com 104 Spring Street Saco, Maine 04072
COMPLIANCE REVIEW LETTER NO. 2
VIEWPOINT HOTEL - RESTAURANT
JANUARY 8, 2021
PAGE 2 OF 4
PROJECT DESCRIPTION
The project site is the ViewPoint Hotel at 229 Nubble Road located in the Residential 5 (RES-5)
District, with a portion of the property within the Shoreland Overlay Zone. The property received
approval for a Site Plan Amendment in 2010 for the development of a new 15-unit motel. The
applicant is interested in amending their site plan approval with the addition of a restaurant use in
lieu of constructing 6 of the previously approved motel units (9 currently exist). The restaurant is
planned to be outdoor seating only with a food truck for food preparation and cooking. Required
parking for the new use is planned for the existing parking across Nubble Road.
COMPLETENESS REVIEW
(Planning Board accepted the application on 12/17/2020)
The application is before the Planning Board as required by sections 18.15.B.1.D of the Zoning
Ordinance and 5.5.6 of the Site Plan and Subdivision Regulations, included below:
Since this is a plan amendment that has a narrow scope as it relates to site work, not all the
submittal requirements are applicable, however, the Board may identify pertinent requirements that
I have not listed below and can discuss with the applicant at the meeting.
The following are submittal requirements that appear to be pertinent to this amendment and their
status:
1. 6.3.26 A letter from the Fire Chief is required. An email dated 11/23/20 from Fire Chief has
no comments.
2. 6.4.5 Contact DPW, Police and Fire. An email dated 11/23/20 from Deputy Police Chief
indicates concern with potential number of people crossing the road. The Fire Department
has responded to the applicant’s enquiry as noted above. DPW has also provided comments.
3. 6.4.3.1 Public Water Supply - The servicing Water District must approve in writing all
specifications for water supply system that appear on the plan. The application states the
owner has received approval, however, nothing in writing has been submitted.
4. 6.4.4.1 Public Sewage Disposal - The York Sewer District must approve all plans that will
connect to the public sewer line and all sewer line extensions. This approval will cover issues
of capacity as well as piping and pump station specifications. The application states the
owner has received approval, however, nothing in writing has been submitted.
5. 6.4.7 A plan showing the location and dimensions of all proposed development
improvements and alterations. An amended Site Plan has been submitted.
6. 6.4.27 Findings of Fact, Conclusions of Law, and Decisions. This has not been submitted.
COMPLIANCE WITH THE TOWN’S ORDINANCES
ZONING ORDINANCE
1. Parking calculations from the 2010 approval identify 19 required parking spaces for the 15
approved motel units. It is assumed that the 6 units referenced in the 2020 Site Plan
207.604.4245 cdimatteo@longmeadowpla.com 104 Spring Street Saco, Maine 04072COMPLIANCE REVIEW LETTER NO. 2
VIEWPOINT HOTEL - RESTAURANT
JANUARY 8, 2021
PAGE 3 OF 4
Amendment – Project Intent plan notes are included in the above-mentioned motel units. If
they are, the spaces required for the 9 motel units should be accounted for on the amended
plan. (This appears to be the unlabeled parking areas adjacent to the building)
Revised plans identify the hotel associated parking.
2. Parking calculations for the proposed restaurant use is provided on the proposed amended
Site Plan. The required 33 spaces (84 seats/3 = 28 + 5 employees) are planned for the
existing parking across Nubble Road. It is difficult to determine compliance without a full
accounting of the parking that is the applicant has access to and are not accounted for by
another use. The applicant should provide additional information to clarify this.
The applicant has submitted a conceptual layout plan for the parking lot across the street to
demonstrate there is sufficient space for the required additional 33 spaces.
3. Accessible parking spaces and routes require specific maximum slopes. It is not clear that
this is demonstrated. The Code Enforcement Officer should review and confirm compliance.
Signs indicating handicapped parking has been added to the plan. In the absence of
pavement and a painted aisle, a no parking sign for the aisle is recommended. Code
Enforcement, in email dated 1/6/2021, states the handicap parking needs to meet ADA rules.
The slope for the proposed handicap parking appears to be greater than what is required,
1:48 or 2%, per Section 502.4 Floor or Ground Surfaces under Chapter 5 of the ADA
Technical Standards.
4. The location of the food truck denoted on the plan should be reviewed by the Code
Enforcement Officer as it relates to any restrictions or other code requirements outside the
Site Plan Review’s applicable Zoning Ordinance provisions and Site Plan and Subdivision
Regulations.
Code Enforcement has confirmed compliance (email dated 1/6/2021)
5. Shoreland Overlay Zone. The proposed amendment includes restaurant outdoor seating on
a portion of the property that lies within the Limited Residential Subdistrict, including within
100 feet of the protected resource. In all cases the seating is utilizing existing gravel
surfaces, so it appears a Shoreland Permit as required under Section 8.2.1.B would not be
required, however, the Code Enforcement Office should confirm this.
With regards to seating the Code Enforcement has confirmed compliance in an email dated
1/6/2021. Luke Vigue goes on to state that a Shoreland Permit for the change of use is
required and would be part of the review before the Planning Board.
6. Lighting. There are no lights proposed. In the absence of existing lighting, it is not clear
how the proposed restaurant would operate safely after dark, unless it is not planned to run
207.604.4245 cdimatteo@longmeadowpla.com 104 Spring Street Saco, Maine 04072COMPLIANCE REVIEW LETTER NO. 2
VIEWPOINT HOTEL - RESTAURANT
JANUARY 8, 2021
PAGE 4 OF 4
after dusk. The Applicant should address this. Plan note 11 on the 2010 approved plan
anticipates low levels of light.
Applicant states: We are proposing low bollard lights near the crosswalk and property has
existing lighting to assist with the restaurant use. A cut sheet of the light is attached to this
submission.
SITE PLAN AND SUBDIVISION REGULATIONS
7. Gorrill Palmer has not reviewed the amended plans. With no new construction or impervious
area, stormwater and related review does not appear necessary. Board should determine if
they should review any traffic related improvements.
8. The proposed crosswalk proposed (recommended by the Police Department) connects the
site with the parking across Nubble Road. Areas for pedestrian refuge is planned to be
painted along
with the
crosswalk. And a
new sidewalk on
the opposite side
of the road. The
applicant should
clarify if this
location drains
well enough not
to ice up in the
winter months
and be a detriment to pedestrians. The applicant should also clarify what ‘low site lighting’
entails for this location. The above image of the location looking south is included for
reference.
The applicant has provided further details (Plan Exhibit SW-1) on the proposed crosswalk.
The Director of Public Works has reviewed the applicant’s crosswalk design and has provided
comments in a 12/17/2020 email and appears to be satisfied with the proposal.
9. Zoning information should be included in the Site Plan notes.
The zoning information is on the plan (Note #9)
10. Tax Map reference on plan needs to be reflect the Parcel ID (Map 25 Lot 193A) not the
Assessing ID (139-477).
The information has been updated on the plan.
207.604.4245 cdimatteo@longmeadowpla.com 104 Spring Street Saco, Maine 04072COMPLIANCE REVIEW LETTER NO. 2
VIEWPOINT HOTEL - RESTAURANT
JANUARY 8, 2021
PAGE 5 OF 4
11. Property owner, 229 Nubble Road, LLC does not appear on the application form which is
unsigned.
An email from Joseph Lipton authorizing Civil Consultants to act as their agent is included in
the application.
WAIVER REQUESTS
None requested.
CONCLUSION
The submitted application for amendment of a previously approved plan is somewhat modest in
scale and relatively straightforward request, however, it is a change in use and there are a number
of items that need clarification. If the Planning Board is inclined to consider approving the plan
amendment, it should with conditions. The following are suggestions for the Board’s consideration:
1. Within 17 days of the next scheduled Planning Board meeting the applicant shall submit a
draft Findings of Fact to the Planning Office.
2. Prior to the Chair signing the Findings of Fact, the Site Plan shall be revised as required by
the Board
3. Prior to the issuance of a building permit the applicant shall submit to the Code Enforcement
Office written approvals from the Water District and Sewer District as it relates to servicing
the site and the proposed use.
4. Prior to the issuance of a building permit the Code Enforcement Officer shall review and
approve conformance of the proposed use as it relates to ADA parking requirements.
Feel free to contact me with questions.
Best regards,
Christopher Di Matteo
Licensed Landscape Architect
cdimatteo@longmeadowpla.com
207.604.4245
207.604.4245 cdimatteo@longmeadowpla.com 104 Spring Street Saco, Maine 04072You can also read
