Cape planners accept completed Maxwell Woods application

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CAPE ELIZABETH — The Planning Board unanimously deemed Maxwell Woods LLC Major Subdivision plan to be complete on Tuesday. 

Speaking on behalf of developer Joel FitzPatrick, Sebago Technics engineer Owens McCullough said the aim is to return to the Planning Board next month for final major subdivision plan approval.

McCullough on Sept. 19 presented an update of completeness to the board. A site plan review submission checklist showed that all development requirements are complete or partially complete, including a written description of the plan, along with plans for topography, traffic and parking access.

The board granted Maxwell Woods preliminary approval in January 2017. On June 12, the council granted FitzPatrick conditional approval of the plan. 

The development would include 38 residential condominium units, plus eight apartments in two buildings and two low-income affordable housing units, constructed on nearly 18 acres of land located on Spurwink Avenue

According to Town Planner Maureen O’Meara, to ensure that low-income units are being built, FitzPatrick crafted an affordable housing agreement with the town.

“When the applicant starts constructing the units and has a certain percentage completed, then he will (also) have to have one of the affordable units completed or available,” McCullough. 

O’Meara clarified that the provision was written to include that the affordable units will be built in proportion to the market units. Because the development plans to build 38 condominiums and two low-income affordable units, the first affordable unit must be built before or at the time the 19th condo is being built. The second affordable unit could be built last. 

“The affordable housing provisions are very important,” O’Meara said. “The town has had a lot of success with making sure that what people promise to build they actually do build and they’re occupied by people who meet the income requirements.”

According to McCullough, FitzPatrick is not yet sure which two of the planned units will be affordable housing in the developments layout, but said they will look identical to all other units. 

O’Meara informed the board that one of the standards for plan approval is that the units are geographically dispersed through the development. For this reason, and for provision tracking, O’Meara said it is helpful for the developer to know which two units with be affordable housing. 

Planning Board member Victoria Volent asked that the affordable units not be put in a cluster. 

McCullough said that an ordinance states the two have to be separate. 

The board scheduled a site walk of the property, open to the public, on Thursday, Sept. 28 at 5:30 p.m. 

Jocelyn Van Saun can be reached at 781-3661, ext. 183 or Follow her on Twitter @JocelynVanSaun.