This rendering shows the 96-unit Brickyard Commons development between Washington Street and Taylor Brook led by John Gendron. There are eight, 12-unit buildings on the 10-acre parcel. City of Auburn image

AUBURN — A 96-unit apartment complex between Washington Street and Taylor Brook is moving forward after recent Planning Board approval, but according to city staff, the developers are still awaiting permits related to wetland impacts due to its proximity to the brook.

The market-rate project, led by resident John Gendron, proposes eight, 12-unit buildings on a 10-acre parcel off Brickyard Circle, an industrial area heading south on Washington Street.

While the site plan was approved by the Planning Board on June 28, a number of residents and commercial abutters oppose the plan due to environmental concerns related to Taylor Brook and the placement of new housing in an area without other residential uses or neighborhood infrastructure.

Due to the potential wetland impacts, the development team needs what’s known as a Natural Resources Protection Act permit from the Maine Department of Environmental Protection, a condition of approval for the project.

City staff said the site was deemed in need of a “tier 2” permit due to the potential wetland impacts. However, according to DEP spokesman David Madore, since the project will affect wetlands located within 25 feet of Taylor Brook as well as wetlands located within a 100-year flood plain, the project falls under the category of an “individual” permit view, which is considered the highest level.

During the site plan hearing, Peter Bornstein, who owns a nearby property that was home to Crystal Spring Water Co. until 2015, said his building still houses a natural spring that likely stems from Taylor Brook.

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He said the water is still being used by a tenant, and that he’s considered returning to the old business in some fashion. But, he said, he’s worried about contamination to Taylor Brook from the development.

Another condition of approval for the developer is adding a left turning lane onto Brickyard Circle as well as a new section of sidewalk. The developer was asked to pay $320,000 toward the off-site improvements, though board members questioned why they were agreeing to an exact amount. Staff said the city was comfortable with the project’s “return on investment” if the improvements end up costing more.

Several people questioned why the city was requiring a “sidewalk to nowhere,” given that the road is not walkable.

The proposed 96-unit Brickyard Commons apartment complex would be built on a 10-acre parcel between Washington Street and Taylor Brook in Auburn.

Steve Cox, of ServiceMaster on Brickyard Circle, told the board that the “road can’t handle what’s happening now,” and argued that the proposed development is “basically on an island.”

City staff argued that the sidewalk is part of larger efforts under the Comprehensive Plan toward more “connectivity” in Auburn, and that it could be tied into other pedestrian improvements in the future.

According to Eric Cousens, city director of Planning and Permitting, once the conditions of approval are met, the project will move to a building permit process. He said he does not know the timeline for DEP approval.

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The board ultimately voted 5-2 to approve the site plan.

Mayor Jason Levesque said this week that the 96 units will add to an intense demand for housing in the area.

The land off Brickyard Circle, historically zoned industrial, was rezoned recently to a form-based residential zone.

According to Mike Gotto of Stoneybrook Land Use, which is facilitating the development for Gendron, the property was considered for an industrial development more than once, but did not move forward due to access issues. He said developers then approached the city about a possible zone change.

Gotto said the developer is paying “tens of thousands” toward the wetland permit process.

If ultimately approved, construction is expected to take two to three years. It would have 168 parking spaces.

The proposed development comes as city hall officials continue a push to update zoning in areas throughout the city in order to encourage new housing, which has led to some recent pushback from residents.

The second of two back-to-back community conversations on zoning reform was held Wednesday night in Auburn.

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