AR Building sought approval from the Scarborough Planning Board on Jan. 22 on a site plan amendment to relocate one of the previously approved apartment buildings at 35 Mussey Road. Addressing the Planning Board, Brandon Carr from DiPrete Engineering, representing AR Building, said, “We are here for a modification to an approval from last year for a 120-unit residential development.”

In August 2022, AR Building was granted approval to construct 10 multi-family buildings and a clubhouse at 35 Mussey Road totaling 120 units. As part of the project, 32 acres of the site were conveyed to the Scarborough Land Trust for conservation. Construction has begun, revealing poor conditions at the proposed location of building no. 6. The applicant now plans to relocate it north and east across Nonesuch River Lane due to changes in ordinances. The project has been reviewed to ensure compliance with town requirements for buffering, lighting, landscaping, and stormwater protection of natural resources.

AR Building, with over 50 years of real estate development experience, presented the proposed changes, including the relocation of building no. 6 due to soil conditions. “We found some deeper soils under building 6, which would require substantial adjustments,” Carr said. “There is adequate access and site distance on Mussey Road for entrance.” The relocation involves moving the building to the north and east across Nonesuch River Lane.”This plan reflects changes made due to comments made at meetings,” Carr said of the revised plan.

One significant discussion point during the meeting was related to the new electric vehicle (EV) charging requirements. Carr said of the 233 parking spaces on site, they are proposing to install 16 chargers, which is about 7% of the spaces, which is significantly below what the Scarborough ordinance calls for.

AR Building requested a waiver for the additional 30% capacity, citing the rapidly advancing technology and high upfront costs.

The board engaged in discussions about alternative solutions for EV charging.

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Planning Board member James Herbert said, “Instead of installing the additional transformer and running cables for electric service, would you put in an underground piping to the road for CMP to run their cable to?”

Noah Perlut urged the board to support the EV ordinance, stating, “I believe strongly in our EV ordinance. EV demand is increasing. Best to do when you are clearing a site.”

Because of new ordinances a waiver is not possible Planning Board Chair Rachel Hendrickson said.”Unfortunately, you’re now in the position to come before us with a change after quite a few ordinances have changed. While we had originally contemplated a draft motion, perhaps it would be better to hold off on a draft motion. There are quite a few areas to consider because of new ordinances. We would do you a disservice, we cannot waive that EV. We probably should wait and hear this at our next meeting.”

Creating a green space in the spot originally designated for building no. 6 were discussed.

“I am disheartened to see the entrance on Mussey Road taken away,” Herbert said. “I would like to see more dense plantings between Mussey Road and building 6, for privacy for folks in building 6 and neighbors across the street.”

“That is possible,” Carr said.

“Please come back with a landscape plan for that area,” said Chair Rachel Hendrickson. “In terms of the EV’s, I need to see what you are proposing. The burden of proof is on you if you can meet that area of the ordinance, then the board will decide. We will see you hopefully at our next meeting.”

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