From: 	Jean Fraser
To:	Kirsch, Greg
CC:	Long, Steve;  Woglom, Mark
Date: 	10/17/2012 3:27 PM
Subject: 	RE: Action re Phase II Fore/India/Middle site plan approval

Greg
 
The request for an extension to the site plan approval is covered by 14-532 (c) which reads:

(c)  Expiration of site plan approval.
 
1.   A site plan approved under this article shall expire twelve (12) months from the date of approval unless:
 
a.   Development has been undertaken in accordance with the approved plan and site work or building construction is ongoing. Any lapse in construction for a period in excess of twelve (12) months shall result in an expiration of the site plan; or
 b.   Prior to the expiration of the site plan, such other time period is agreed upon, in writing, by the Planning Authority and the applicant, not to exceed three (3) years from the date of approval;
 
Provided that such extensions may not be granted if changes to the City’s zoning ordinance would render the development nonconforming in any respect or if changes in the subdivision or site plan ordinance or in the Public Services Technical Standards Manual or Planning and Development Design Standards would otherwise significantly impact the approved site plan as determined by the Director of Planning and Urban Development.
 
You don't need to write to the Planning Board in this case-  just send a letter to Alex Jaegerman, Director of Planning, and include:
reference to the original approval;
what period of extension is requested (ie what is the new expiration date;  max 3 years from date of approval by PB); and
why the extension is needed.
You will get a formal letter back which confirms the extension.
 
Also-   I will let you know when Alex has signed the certificate of waivers.
 
thank you
Jean

>>> Greg Kirsch <gregk@opechee.com> 10/17/2012 8:17 AM >>>
Thank you very much Jean, this list is VERY helpful.  I am going to review with my colleagues here and get back to you on each item.
 
 I agree with the "actions that need to be taken soon" - (1)  the Certificate of Waivers is in your hands for signature; (2) I would like to submit a request for extension of time for the site plan approval, even though August 2013 is a long way off, because it will erase any concerns on the part of tenants/buyers about our ability to move forward.   Can I request an extension with a simple letter to the PB explaining the circumstances?
 
Greg Kirsch | VP & General Counsel | Opechee Const. Corp. | 11 Corporate Dr. | Belmont, NH 03220
office 603.527.9090 | fax 603.527.9191 | cell 603.387.1982 | gregk@opechee.com

From: Jean Fraser [mailto:JF@portlandmaine.gov] 
Sent: Tuesday, October 16, 2012 5:28 PM
To: Greg Kirsch
Subject: Action re Phase II Fore/India/Middle site plan approval

Greg,
 
I am responding to your e-mail dated 10.8.2012 with some suggestions and associated time frames for getting the project to a point where it is ready to reactivate.  
 
More straightforward actions that need to be taken soon:
1. Get Certificate of Waivers recorded (wording already agreed with Danielle)
2. Request an extension of time for the site plan approval (expires August 2013)
 
Items we encourage you to initiate as they are somewhat unpredictable re time needed to complete:
1. Get Plat signed (City has given comments)
2. Submit Middle/India all-way stop design so it can be reviewed and approved
2. Revise and submit plans to address conditions (for review and approval), incl revised lighting, addressing and location of street trees
4. Get wording agreed for license for canopies and for access easement (re sidewalks on private land)
5. Confirm with DPS how to avoid cutting into the Fore St moratorium street
 
Things that can wait until nearer the date of commencement
1. Recording of the plat
2. Finalize Condo docs
3. Construction Management Plan
4. Confirm PG figure plus other payments
5. Building Permit
6.  Possible need to update some capacity letters
 
Re the following (which may be questions) we do not think any action is needed at this time:
1. TIF ?
2. Availability of leased parking spaces within Ocean gateway garage?
3. Undergrounding utilities in Middle Street?
 
If you have any questions re above or other questions, please let me know;  we would be happy to arrange a meeting if needed.
 
Jean
 
Jean Fraser, Planner
City of Portland
(207) 874 8728