Attorney for: JEREL BABCOCK STEPHEN WHITING, THE WHITING LAW
Attorney for: SHEILA BABCOCK STEPHEN WHITING THE WHITING LAW
Attorney for: KIMBERLY JANE ALLEN PAUL F DRISCOLL NORMAN
HANSON & DETROY LLC.
Attorney for: KIMBERLY JANE ALLEN LEONARD I SHARON LEONARD
SHARON ESQ PC.
Attorney for: KIMBERLY JANE ALLEN SHANE T WRIGHT NORMAN
HANSON & DETROY LLC.
Attorney for: MAX GARCIA PAUL F DRISCOLL NORMAN HANSON &
Attorney for: MAX GARCIA LEONARD I SHARON LEONARD SHARON ESQ
D. WARREN, JUSTICE, SUPERIOR COURT
the court is a second Rule 8OB appeal by 517 Ocean House LLC
from a decision of the Cape Elizabeth Planning Board
approving a site plan application by party in interest 541
Ocean House Road LLC.
Ocean House originally sought site plan approval for a pizza
restaurant, retail space, and a landscaping business on Ocean
House Road in Cape Elizabeth in April 2015. The retail space
and landscaping business are pre-existing, but in addition to
adding the restaurant, the application involved alterations
to the site by modifying the existing parking area and
creating a patio n and landscaped area in front of the
Ocean House application was approved by the Cape Elizabeth
Planning Board on May 19, 2015. 517 Ocean House LLC, the
owner and operator of a restaurant (Rudy's on the Cape)
located a short distance north on Ocean House Road,
filed a Rule 8OB appeal from that decision. AP-15-22.
order dated May 10, 2016 and filed May 11, 2016 in AP-15-22
the court rejected a number of the arguments raised by
Rudy's but remanded the case to the Planning Board for
further findings on three issues:
(1) whether the lighting is adequate for safety without
excessive illumination and whether the light fixtures are
(2) whether the plantings between the road and the parking
area will obscure the view of parked cars and parking areas;
(3) whether the existing stormwater management system, with
the modifications proposed by 541 Ocean House Road LLC and
revision of the plan in conformity with paragraph 4 of the
Town Engineer's letter, meets the approval standard in
Ordinance § 19-9-5(D).
Planning Board considered the issues in the court's
remand order at a meeting on June 21, 2016. At a subsequent
meeting on July 19, 2016 the Board reviewed and acted on 16