75 John Roberts Road – Suite 4A, South Portland, ME 04106-6963 • 207-200-2100 • Fax: 207-856-2206
March 30, 2021 16064-01 Nick Ciarimboli
CEO and Interim Town Planner Town of Yarmouth
200 Main Street Yarmouth, ME 04096
Sight Distance and Building Setback Waiver
Sweetser Village Apartments, LWS Development LLC
Dear Nick:
On behalf of the applicant, LWS Development LLC, I am pleased to submit the (2) waiver request associated with the Major Site plan for Sweetser Village Apartments located at 216 East Main Street. The applicant would like to request (2) waivers for the project.
Waiver #1 – Sight Distance
The first waiver request is a waiver from the 300ft driveway sight distance as it is written in Chapter 604 Right-of-Way Article IV.D.C. sight distance criteria. The existing sight distance at the existing driveway along East Main St as recorded by a licensed traffic engineer is 280ft.
Chapter 604 Article IV.D.C. states, that for a road with a posted speed limit of 30MPH that 300ft shall be required for sight distance. The applicant is requesting a 20’ waiver (7%) from chapter 604 Article IV.D.C Right-of-Way sight distance requirement based on the following criteria:
Three alternative site access locations in addition to the current proposed location have been considered.
1. The applicant has worked closely with neighboring properties to request access at a different location on East Street with better sight distances. The adjacent properties have denied this request for vehicular access.
2. Additionally, The Town of Yarmouth has engaged in conversation with Hannaford’s;
requesting that Hannaford’s remove the deed-restricted vehicular access through the adjacent Cumberland Credit Union property. This access request has been denied by Hannaford.
3. While access exists to Sweetser road, it is not preferred. as The Sweetser Rd. access will generate additional traffic through the adjacent residential neighborhood.
Additionally, the applicant feels that the narrow portion of the property reaching Sweetser Road could better serve the community as a pedestrian green space for the adjacent neighborhood to help enhance the pedestrian connection to the Yarmouth Downtown area.
Nick Ciarimnoli 2 March , 2021 16064-01
75 John Roberts Road – Suite 4A, South Portland, ME 04106-6963 • 207-200-2100 • Fax: 207-856-2206
In consideration of the above elements, the East Main Street access point is the preferred alternative. Alternatives 1 and 2 are not feasible as the development parcel does not have rights of entry through those adjacent parcels. The proposed entrance on East Main Street provides a more direct means of access from the surrounding roadway network, notably Route 1, for both residents/visitors as well as emergency services. Access through Sweetser Road would require greater lengths of travel along local roadways to access the site, creating potential conflicts within the existing neighborhood.
In addition, the project is investigating in coordination with MaineDOT to realign and improve the existing guardrail adjacent to the bridge. The guardrail is currently not up to today’s standards and is one of the major impediments to the existing sight distance. Improvements proposed to the guardrail would include:
- Remove and replace the existing guardrail with new guardrail installed to meet current MaineDOT standards. The guardrail would be installed to the driveway location and mirror the driveway radius to wrap in towards the site.
- The improvements would place the guardrail slightly further set back from the roadway in a manor to not impede the sight distance improving the sight distance to 295ft.
The most recent submission of the conceptual site plan shows the proposed location of the new guardrail by the driveway entry
The Maine Department of Transportation (MaineDOT) Highway Driveway and Entrance Rules cite that for a road with a posted speed limit of 30 MPH that a 250ft sight distance is required.
By these established State standards, the existing driveway is meeting the sight distance requirements before any improvements. To help bring attention to the location of the development driveway advisory warning signage such as a graphical “T-Intersection” (MUTCD Sign W2-2) could be installed along East Main Street to alert motorists to the potential for turning traffic to and from the development driveway.
The existing driveway does meet the sight distance requirement listed in the Chapter 702 site plan review. Under Chapter 702 Section J.3 Driveways, the sight distance required under the technical standards is stated at 275ft for a road with a posted speed limit of 40MPH. Under the technical standards in the ordinance, the project is exceeding the distance requirement for an exit driveway/ access road. While it is recognized that The Town of Yarmouth may choose to enforce the longer sight distance requirement listed in the ordinance (300ft), we ask that the Board consider this when making a decision.
As proposed, the project is also creating significant improvements to an existing driveway. The existing driveway is narrow and has been in use by previous and current tenants. The project is proposing to widen the existing driveway from 9’ to 16’ (an Alley Thoroughfare). Additional improvements include raising the grades as much as feasible to enhance the sight distance.
However, due to conflicts tying back into the grades that exist on East Main Street, the curvature of the existing bridge (with no current plans for replacement), and the existing residence which is to remain, it would not be feasible to raise the driveway elevation to a point in which the required 300’ sight distance would be obtained
Nick Ciarimnoli 3 March , 2021 16064-01
75 John Roberts Road – Suite 4A, South Portland, ME 04106-6963 • 207-200-2100 • Fax: 207-856-2206
Waiver request #2 – 10’ Maximum front setback requirement.
The applicant is requesting the board waive the 10’ maximum setback requirement for the buildings proposed for the project. The CD4-C district front setback requirements are stated at a 10’ maximum setback. While the intent of the ordinance is understood to make sure buildings are located close to the street for a village aesthetic, the applicant has heard public comment regarding the facades along route 1 and the concerns that they will tower above the Route 1.
To alleviate a tall mass along the route 1 corridor, the project has assessed moving the buildings further back from the property to a maximum distance 15’ from property line.
Moving the buildings back shall help alleviate the buildings from feeling to overbearing along Route 1 as well as create adequate space for the pergola, seating area in between the buildings and the patios no facing the Route 1 corridor. As such, the project is requesting to waive the maximum 10’ setback and allow for a maximum of 15’ setback from the front property line.
Additionally, Article 5.G.6.c does state an allowance for relief of setbacks for slopes steeper than 10%. The slopes directly adjacent to the front property line are a steep 2:1 slope. The project had initially proposed the project with the buildings sited at the maximum allowed setback of 10’ to keep back from the slope. The applicant feels that additional distance from the top of slope is preferred to ensure a safe distance from the slope to avoid erosion as well as enough room for the pergola structure and utilities (sewer) to be located without additional encroachment into the steep slopes.
We appreciate the Boards' time and consideration of the (2) waiver requests. We hope we have provided sufficient information for a decision on the sight distance waiver requested above. In the interim, if you or your staff have comments related to this waiver request or require additional information, please contact me.
Sincerely,
cc: Paul Peck, LWS Development, LLC Becky Carpentier, CHA
Site Plan Application 16064-01
Attachment 19.
Nuisances
(see attached)
Site Plan Application 16064-01
Exhibit 19: Nuisances
It is within the opinion of the applicant that there are no nuisances associated with this proposed project.