A new compromise proposed to settle the Great American Neighborhood lawsuit would allow developers Elliott and John Chamberlain to build up to 288 units in Dunstan, and is already meeting resistance from people who opposed the GAN in the first place.
The plan, developed by town staff and members of the Town Council, was unveiled Tuesday and could be changed during the approval process. According to Council Chairman Jeffrey Messer, councilors had varying opinions on how many units should be allowed on the site.
Some felt an R-2 zone – which allows two housing units per acre – would not satisfy the developers, while the R-3 – which allows three – might not get neighbors’ approval. A compromise was reached by changing the zone to R-2 and allow for up to 48 additional units as “density bonuses,” if some of the housing qualifies as affordable or the developers protect nearby land from future development.
But what is clear is that some change has to happen to the parcel’s zoning.
“I think the town is under an obligation to do something to change the zone on this property from RF,” Town Attorney Christopher Vaniotis said, adding that the change should be consistent with the Comprehensive Plan.
There was no mention of any upgrades to the Dunstan intersection, which were a key element when the GAN development was originally proposed.
Following the meeting Elliott Chamberlain said he felt the area should be an R-3 with bonuses. He said he was not sure if the town’s proposal complied with the Comprehensive Plan.
“We want something that meets the consistency in the Comprehensive Plan,” he said. “Does this do it, I’m not sure.”
Some residents were still not in favor of the proposal, reiterating their previous concerns regarding the project’s size,
“Two hundred and eighty-eight units is awful close, too close, to the 397 we said no to,” said Lisa Douglas, who participated in the NoGAN group that overturned the Town Council’s original approval of the project. “Looking at 288 I still say to you, do you still hear us now.”
Ace Houlton said a proposal for 195 units reached during a failed mediation attempt was a good number. He said he hopes the 288 number works as a starting point that will be reduced as discussions continue.
“I think 288 is far more than we agree to,” said Peter Angis, who was active in NoGAN. “I think it should be pushed back towards the number agreed to during mediation.”
However, Messer said that the mediated agreement is no longer on the table and developers may not have found it reasonable to begin with.
“Maybe 195 in their view is a number too low because they continued with the lawsuit and won the lawsuit,” he said.
The town finds itself running against a deadline in getting the zoning issue fixed. Last month Maine Superior Court Justice Thomas Warren ruled in favor of the developers when he said the town’s zoning ordinances in Dunstan are inconsistent with the town’s Comprehensive Plan.
He has ordered that proposals to bring the property into compliance be submitted to the court by May 30. If nothing is done, Warren could declare the zoning non-existent, thereby allowing the developers to do whatever they want with the parcel, a decision the town would like to avoid.
“We would like to keep local control over this decision,” said Messer, adding that residents can ask for a referendum on anything the Town Council passes. “I think it is extremely prudent to leave this decision in our hands and not in the court’s hands.”
The town’s response to the court order has been to develop the Dunstan Village Residential District, which would allow a maximum density of two units per residential acre. The new district will essentially change the 142 acres currently zoned R-F into an R-2 zone and allow for an additional 24 bonus units for affordable housing and another 24 bonus units for transfer of development rights.
Town officials say the move would bring the property into compliance with the Comprehensive Plan, which designates the Dunstan area as a “Village Compact” area and specifies that it should be configured to accept a significant portion of Scarborough’s projected residential and commercial growth.
The new plan would require the development be designed in a grid layout with interconnected streets, require low volume streets for lower vehicles speeds to increase pedestrian safety, mandate sidewalks, foot paths and tree-lined streets.
And the ordinance would require 10 or 20 percent of the development remain as open space; allow for single-family, two-family, multiplexes and townhouses; and allow for smaller house lots, setbacks and frontages.
The proposed zoning change is not automatically approved, and if the Chamberlains accept it, they would have to propose specific details of a project that would have to go through the normal planning process, which includes having traffic studies paid for by the developers.
The project would also fall under the town’s growth ordinance, which restricts the number of new housing units that can be built each year.
If the town decides to enact the new zone, the Chamberlains, who still have a number of outstanding counts on the suit, will have the option of dropping the suit, but could continue with it.
A tentative schedule has been set up for town officials to review the proposed zone, and accept public comment on the matter.
The Town Council will have its first reading on Wednesday, April 6, at 7:30 p.m. at Town Hall. On Monday, April 25, at 7 p.m. the Planning Board will hold a public hearing.
On Wednesday, May 18, the Town Council will hold a public hearing at 7:30 p.m. The council will hold a second reading and take a final vote on Wednesday, June 1, at 7:30 p.m. Town officials expect the judge will allow a short extension of the May 30 deadline to allow the town’s processes to occur.
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