Scarborough may allow The Downs to build 430 residential units over the next five years, doubling the number the developers are currently permitted to build per year from 43 to 86.
The Town Council gave preliminary approval, 5-2, to the exemption from the town’s permit cap Wednesday.
The Downs, the large mixed-use project underway at the 525-acre site of the former harness racing track, applied last month for an exemption for the 90-acre town center portion of the project, which would include residences, commercial space, a community center and other public amenities.
Crossroads Holdings say they need to build more residential units than currently allowed per year to make the proposed town center successful. A consultant for the town validated that argument last week, saying the exemption was in the town’s best interest.
“They can’t build a single building,” Chairperson John Cloutier said at Wednesday’s meeting. “They can’t get a single building in the town center permitted because they are restricted to (43) units a year … and every one of these buildings has between 45 and 60 units.
“When they say they can’t execute on the downtown vision, without some sort of leeway, they are not lying, they are not making that up, that’s just a fact,” Cloutier said.
Crossroads Holdings representatives could not be reached for comment before The Forecaster deadline.
Concerns among those opposed to the exemption are based largely on population growth and its impact on schools, and on a lack of details from the developers about their plans for the town center.
“After giving this fair consideration, I will not be supporting this next step,” Councilor Jon Anderson, who voted against the exemption, said in a prepared statement on Wednesday. “By supporting it, to me, it would mean agreeing that there is justifiable public benefit for the general welfare of the community, and I don’t have enough information to prove that to be the case.”
Developers have said they can’t provide more detailed town center plans until they know how many permits they will be allowed.
The draft proposal of the exemption includes the conditions that it only applies to units within multi-family or mixed-use buildings in the town center district and that developers follow through on plans for a community center and other public benefits.
Councilor Don Hamill, in voting against the proposed exemption, said the council has left no room for negotiation with the developers, who asked for the exemption with no numbers attached. The council who has “given (away) our position” by stating the number of units they would be willing to exempt.
“I think this thing should be scrapped,” Hamill said. “I believe we should go back to the original path and follow through on evaluating the application strictly according to the process.”
Some residents said the conditions don’t require enough accountability from the developers.
“I truly feel it’s putting the cart before the horse,” said Alyson Bristol of Bayview Avenue. “I don’t think this is something we should be moving forward with until the whole idea of a community center goes to the town for referendum.”
Councilor Jean-Marie Caterina argued that the exemption will require an official council vote later.
“It’s going to come back to us and we will go through the process we need to go through,” she said. “This at least gives us a framework for negotiation and I certainly will support it tonight.”
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