SCARBOROUGH — The Storage Realty Corp. requested an advisory opinion from the Scarborough Planning to expand a nonconforming use at their property. The proposal is for a project that is is a phased expansion of the existing storage business. The planning board expressed doubts about the project, but approved the appeal to be brought to the Zoning Board of Appeals. The matter would eventually be sent back to the planning board for final decision.
The existing use on the property is a nonconforming use. The zoning ordinance allows any existing nonconforming use to be expanded with approval from the Zoning Board of Appeals (ZBA). As part of that process, any application to the ZBA is sent to the planning board for their opinion.
Steve Bushy spoke on behalf of the Storage Realty Corp. The company would like to expand its storage facility and have storage for boats and RVs. He said that market research shows that there is a need for more storage units, for instance many of those living in apartments need extra space.
One of the big concerns expressed during the Aug. 28 meeting was whether expanding the facility would bring in more traffic at all hours. Ross Hicke said that the hours of traffic operations are incompatible with the neighborhood, especially if it is a 24-hour facility with little oversight.
In addition, the property abuts a pond, and there is concern that there will be erosion and run off.
Rebecca Parker, owner of Parker’s Farm and Market is an abutter of the Storage Realty Corp. She thanked the board for their original denial of the appeal. She then said, “It is not compatible with surrounding businesses and residential areas. This is my home; it is not compatible with traffic and 24 hours of operation. I chose this spot specifically for its beautiful fields. To see everything taken away by a standard that should be followed, we shouldn’t have to come here and beg.” She said the expansion will have a negative impact on her animals. She pointed out that there are no guidelines regarding the possible waste from the facility that may go on her property and harm her animals.
Planning Board Chair Rachel Hendrickson pointed out that the planning board advises the zoning board appeals. “I’m having some difficulty,” she said, “the appeals for nonconforming use shall not be substantially different. I’m having difficulty to see how this proposed project will fit in that space. I don’t think this is an acceptable use nonconforming. I don’t feel strongly that I can get behind this. I do not have a supporting opinion. From a light pollution standpoint this is not compatible with this area.”
Roger Beely, planning board secretary, said that there are a lot of hurdles for this project to be approved. “I am not prepared to stop this project,” he said, “but it does come with challenges. I do emphasize with the abutters.”
Planning board member Jennifer Ladd said, “I think it is pretty clear this does not seem like an equivalent or less intense use on this site than what is happening now.” She said that the plans presented don’t meet the criteria for approval.
“I have serious concerns,” Hendrickson said. “Among those concerns are the fact that I would certainly like to know if the warehouse is currently open 24 hours per day with bright lighting. If not, then this would be a significant change. All of this has to be handled by the ZBA. IF the ZBA approves, and you come back to us, you’ll have a lot to prove to us; that the buildings won’t be visible by neighbors or from the road.” She went on to say the board would need to see proof that there won’t be any significant emissions to the air and water. “If you come back to us, at a minimum, that would be a stockade fence. All lighting would be full cut-off and the operation would not be 24 hours.”
“Our advisory opinion to the ZBA would be in terms of we have concerns first about the allowability of the use in that area given the proposed size. If it comes back to us,” Hendrickson explained. “We will be scrupulous in reviewing it.”
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