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HomeMy WebLinkAbout2013-05-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 21, 2013 MINUTES Board Members Present: Andy Sturgeon, Chairman Charlie Boothby Doug Damon John Kenney Wayne Mallar, Alternate Member John Miller Julie Williams City Staff Present: David Gould Peter Witham Chairman Sturgeon called the meeting to order at 7:00 p.m. In the absence of Board Member Bolin, Alternate Member Mallar was asked to vote. CONSENT AGENDA Chairman Sturgeon indicated that he had a conflict of interest as he is employed by the firm that prepared the plans for this project. Ms. Williams moved that Chairman Sturgeon had a conflict of interest. Mr. Miller seconded the motion, which passed by a vote of 6 to 0. Vice Chairman Damon asked for a motion. Mr. Kenney moved to approve the Consent Agenda. Ms. Williams seconded the motion. The Board voted 6 to 0 in favor of the motion. The item approved is as follows: Item No. 1: Site Development Plan and Site Location of Development Modification approvals to construct a 35-space parking lot expansion located at 275 Center Street in a Government and Institutional Service District. St. Joseph Hospital, applicant. 2 PUBLIC HEARINGS Item No. 2: Conditional Use and Site Development Plan approvals to construct a 3,473 sq. ft. drive-thru restaurant, site work, and parking located at 56 Bangor Mall Boulevard in a Shopping and Personal Service District and a Stream Protection District. Restwend, LLC, applicant. Chairman Sturgeon opened the Public Hearing and asked for a presentation. Elliot Thayer, Thayer Engineering along with Jason Gall, principal, with Restwend, LLC, were present in support of this application. Mr. Thayer discussed the components of the conditional use application, as well as, the elements of the Site Development Plan. He explained that this is a rebuild of an existing site. The proposed restaurant building will be slightly larger. They will be reducing the driveway and parking areas so the total impervious area will be reduced by about ten percent. The circulation, parking and queuing will be similar to what is there. They are providing 38 parking spaces where 26 are required. Mr. Thayer indicated that the project met all submittal requirements. There is a field area next to the Penjajawoc Stream that the applicant deeded an easement to the City of Bangor that they intend to keep mowed and maintained as a meadow buffer area. They will be adding some underground storm drainage to accommodate new roof drains that will go down into under drains along the side of the building and they are adding a catch basin in the parking lot. There will be a new storm drain from left to right across the front of the building and run off will exit toward the stream into a new level spreader. Proposed lighting will be accordance with the City’s lighting standards. No one from the audience spoke either in favor of or in opposition to the proposal. Chairman Sturgeon closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is a request for Conditional Use and Site Development Plan approvals to construct a new 3,473 sq. ft. drive-thru restaurant at 56 Bangor Mall Boulevard in a Shopping and Personal Service District (S & PS) and a Stream Protection District. The drive-thru restaurant is a Conditional Use in the S & PS District. In addition to the normal Site Plan review standards the applicant has to demonstrate to the Board that the architecture of the building is compatible with other buildings within 500 feet of it, the project will not cause unreasonable traffic congestion at this site; adequate utilities will be provided, and it will meet the basis standards of the S & PS District without a variance. Even though this site was originally developed in 1978 not many changes were necessary to bring it into compliance with today’s standards. The City had the opportunity to obtain an easement from the applicant to gain access to the Penjajawoc Stream. The City has a requirement to bring nonconforming watersheds up to standards. The applicant was gracious enough to give the City this access. It doesn’t mean that they can’t build on their property but it gives the City the right to go onto that property to access the Penjajawoc Stream. Planning 3 Officer Gould indicated that Staff feels that all of the details of conditional use and site plan are in order. Chairman Sturgeon asked for a motion. Mr. Miller moved that the Board grant approval of the Conditional Use and Site Development Plan to construct a 3,473 sq. ft. drive-thru restaurant at 56 Bangor Mall Boulevard in a Shopping and Personal Service District and a Stream Protection District for Restwend, LLC, applicant. Mr. Boothby seconded the motion. The Board voted 7 in favor and 0 opposed. Item No. 3: Approvals for Conditional Use, Site Development Plan, and Site Location of Development Modification of the approved plans for a detached single-family dwelling complex to add one building, move another building, and reduce the size of another building located at Mt. Hope Avenue and Chickadee Lane in a Low Density Residential District. Meadowbrook Ridge, LLC, applicant. Chairman Sturgeon opened the Public Hearing and asked for a presentation. Mr. Fred Marshall with Plymouth Engineering represented the applicant, Julie Sites, who was also present. Mr. Marshall explained that the project has been before the Board several times. It has been constructed in phases because of permitting issues and to test the market. The entire project has essentially been completed and all of the infrastructure is in. This change would add back one building that was deleted in a revision last year, move another building and reduce the size of another building. There have been some changes to the stormwater treatment and the impervious area on the site. Mr. Marshall noted that there are two buildings proposed on Mt. Hope Avenue and those have yet to be constructed. Ms. Williams noted Staff’s concern regarding fire access. Planning Officer Gould indicated that the fire people have said that they were comfortable with the narrow driveway that goes down the bank to access the two units. They have created an area to allow fire trucks to turnaround. What the applicant needs to be aware of is that this turnaround needs to be plowed and maintained. If the snow isn’t plowed, the fire department won’t be able to turnaround down there as anticipated. The plan proposes some pervious pavers to give access so the fire trucks can turn and get back out, but if they don’t maintain it and plow it in the winter, it will not serve that purpose. Mr. Marshall indicated that the condominium association has a maintenance contract and this is included in their contract. No one spoke either in favor of or in opposition to the proposal. Chairman Sturgeon closed the Public Hearing and asked for Staff comments. 4 Planning Officer Gould explained that this is an application which proposes to add back one duplex building. They have demonstrated that there is enough land area such that they would not exceed the impervious surface ratio which was one of the issues Staff had in the past. It is a conditional use because they are building a new building that opens the review to those standards. Staff feels that the proposal meets the conditional use standards in that the architecture of the building is compatible with other buildings within 500 feet; will not create unreasonable traffic congestion, there are adequate utilities; and the site will be developed without requiring a variance of any of the development standards for the district. The plans, as submitted meet the submittal requirements for both Site Development Plan and Site Location of Development Modification approvals, and Staff recommended approval. Chairman Sturgeon indicated that he would entertain a motion. Mr. Damon moved to approve the Conditional Use, Site Development Plan and Site Location of Development Modification to add one building move another building and reduce the size of another building located at Mt. Hope Avenue and Chickadee Lane in a Low Density Residential District for Meadowbrook Ridge, LLC, applicant. Mr. Miller seconded the motion, which passed by a vote of 7 to 0. Item No. 4: To amend the Land Development Code by changing a parcel of land located at 759 Union Street from Urban Residence One District to Contract Urban Residence Two District. Said parcel containing approximately 41,500 sq. ft. Bangor Baptist Church, applicant. C.O. # 13-158. Mr. Damon indicated that he has a conflict of interest as he is representing the applicant in the real estate transaction. The Board voted unanimously that Mr. Damon has a conflict of interest. Chairman Sturgeon opened the Public Hearing and asked for proponents. Barbara Ford, Executive Director of Shepherd's Godparent Home, a ministry of Bangor Baptist Church, indicated they are interested in using the building to provide housing for pregnant women in need of safe and secure housing. The building will fit their needs with a limited amount of work. As no one spoke in opposition to the request, Chairman Sturgeon closed the Public Hearing and asked for Staff comments. Planning Officer David Gould indicated that the City’s Comprehensive Plan designates this area of the City as low density residential. The property is just under an acre in size and abuts an existing Urban Residence 2 District. The buildings in town of this one are two thru four family structures. Across Union Street are professional office buildings and multi-unit housing. With the proposed contract condition limiting the property to one primary use structure and a maximum of two dwelling units it seemed a reasonable use for this large property 5 which would be the transition between multi-family on one side and single-family homes on the other side. Member Williams asked if the property could be used as a group home. Planning Officer Gould noted that if she meant Community Living Arrangement (CLA) which was discussed as an option, the State of Maine provides for a housing facility of eight or fewer persons with disabilities to be treated as a single-family home if approved, authorized or licensed by the State. The Code Enforcement Office had concerns that the proposed occupancy did not meet the State criteria for a CLA. Mr. Kenney moved to recommend to the City Council that the Contract Zone Change request contained in C.O. # 13-158 be approved. Mr. Boothby seconded the motion. The Board voted 6 to 0 in favor of the motion. NEW BUSINESS Item No. 5: Site Location of Development Act Modification approval to construct a 42,560 square-foot building, parking area, and utility upgrades located on Hayes Street and Florida Avenue in Airport Development and Government and Institutional Service Districts. Maine Army National Guard, applicant. Mr. Don Becker, from CES, Inc, representing the applicant explained that this is a proposal to build an aviation readiness center that will be a part of their weekend training. Some of the building is on existing helicopter parking area. In some cases they will be modifying existing impervious surface. There is a net increase and they are within an impaired watershed so they have two treatment devices in place that we have reviewed through the City Engineering Staff. They are also proposing a parking area for military parking. Because of the change in impervious area it was necessary to modify their Site Location of Development Act Permit. The parcel is located on federal land and, therefore, they do not need to seek site development plan approval. Planning Officer Gould indicated that this is a somewhat unique project in that this is a federal property which is exempt from local rules and regulations. However, they are not exempt from Site Law review. He noted that at the time the Staff Memorandum was written there were some outstanding issues regarding stormwater which have since been addressed. He noted that Jeff Allen from the City Engineering Department was present to answer questions. Staff indicated that in its review of the Site Law standards, staff recommended that the Board grant Site Location of Development Modification approval. Mr. Kenney asked Mr. Allen to comment on the stormwater element of the plan. Mr. Jeff Allen, with the Engineering Department, explained that they are proposing to 6 do a gravel wetland. It is a new type of treatment for this area but has been highly successful for the University of New Hampshire Stormwater Center. It essentially takes the runoff from a couple of parking areas. The gravel creates a media for the bacteria to grow on and treat the water. This will get the water underground for treatment. At the Airport creating any type of pond needs to be avoided as it would attract ducks which in turn are hazardous to planes. Mr. Damon asked how this would handle deicing fluid. Mr. Allen indicated that he did not believe that they do any deicing in this area. It is taking runoff from parking lots and equipment storage. Ms. Williams moved to approve the Site Location of Development Act Modification to construct a 41,560 sq. ft. building, parking area, and utility upgrades located on Hayes Street and Florida Avenue in an Airport Development District and a Government and Institutional Service District for Maine Army National Guard. Mr. Miller seconded the motion, which passed unanimously. Item No. 6: Site Development Plan approval to construct a 15,000 square foot building, parking area, and storage area for office and storage use at 203 Hildreth Street North in an Urban Industry District. Dunbar and Brawn, applicant. Randy Bragg from Carpenter Associates represented the applicant. He explained that the applicant is proposing to construct a 15,000 sq. ft. structure at the end of Hildreth Street North. They have previously been before the Board for approvals for a gravel pad and an entrance to the site and they are now ready to start the building phase. The new building is proposed to have up to 3,000 sq. ft. of office space and the rest of the building will be used for storage of materials. There is an easement on the site to allow Brake Service & Parts and the Guard to access their lot. Also within that right-of-way is a private waterline which is owned by the Reserves where Milk Street intersects that road. The sewer line is part of the District’s sewer line. For that reason, the applicant has proposed a well for water service because in this case it would be difficult to get a water connection there. They will connect to the existing sewer line. They have proposed a stormwater management system which is a soil filter which is a long trench which is downstream of all development within the property. They will be collecting and treating nearly 100 percent. Mr. Bragg also explained that lighting meets Ordinance requirements. Mr. Damon asked if they proposed to store any dynamite on the site. Mr. Bragg indicated that they did not. Planning Officer Gould indicated that this is an application for Site Development Plan approval to build a storage/construction building off of the end of Hildreth Street North. One of the issues that Staff has wrestled with is that the property has a right-of- 7 way that runs through it. Essentially they are not located directly on a public street. There typically is a defined width of right-of-way then within that right-of-way is a travel way, the part that is paved. They propose two driveways off of the travel way. The parking spaces are within the right-of-way. If there were a City right-of-way there would be a setback standard from the right-of-way and parking would have to be setback 10 feet. It is a private ROW that’s on their property. The Board has the ability to evaluate the applicant’s plan relative to access and parking and whether the landscaping is consistent with what it deems appropriate under the site plan review standards. Relative to lighting, it has come to Staff’s attention that some of the lighting that’s proposed to be on the building may be adjustable such that if it is not mounted correctly it will not provide 100 percent level cutoff. It needs to be clear that the fixture needs to have no light above 180 degrees. Chairman Sturgeon indicated that because it is not a public road and they are no proposing any permanent structures he would not have a problem with this. If there is a conflict down the road then they will have to deal with it. Ms. Williams moved to approve the Site Development Plan to construct a 15,000 sq. ft. building, parking area, and storage area for office and storage use as 203 Hildreth Street North for Dunbar and Brawn, applicant. Mr. Boothby seconded the motion. The Board voted 7 to 0 in favor of the motion. Item No. 7: Site Development Plan approval to construct a 6,440 square foot building, replace a 2,500 seat stadium, and associated pavement at 175 Fruit Street in a Government and Institutional Service District and 304 Garland Street in a Park and Open Space District. Bangor School Department, applicant. Randy Bragg, with Carpenter Associates, explained that the School Department intends to replace the aging Cameron stadium by demolishing it and replace it with a new set of bleachers, new press box, and a separate building. The new seating is proposed to be about the same as what they have there now. The only difference with the new design is that it is a little narrower and takes up a little more length along the field. Due to the design, they are proposing a separate building to house public restrooms, storage and locker room space (which is presently underneath the existing stadium). Overall they are proposing to reduce the amount of impervious area. Stormwater will be handled by another soil filter which will be underneath the entire stadium and drain into an existing nearby catch basin. Any run off from the building will be captured with a drip edge filter and will be processed through an existing catch basin, as well. The applicant proposes to replace the existing 6 stadium lights with 4 lights that have 12 fixtures a piece on them. 8 Mr. Damon asked what they use for a broadcast system noting the noise issues at Husson University. Mr. Bragg indicated that they were not proposing any changes to the PA system at this time. Alan Kochis, Director of Business and Betsy Webb, Superintendent with the Bangor School Department were present to answer questions. Alan Kochis indicated that over the years they have had very few complaints regarding the PA system. Mr. Boothby asked if the engineering concerns had been resolved. Jeff Allen indicated that revised plans were submitted addressing their concerns. Chairman Sturgeon asked for Staff comments. Planning Officer Gould indicated that this application is for Site Development Plan approval to rebuild the grandstand at Cameron Field and to build a new facility over on the school side of the parcel in the Government and Institutional Service District to provide for restrooms at the site. Since the time that the Staff Memo was written, revised plans were submitted addressing the Engineering Department’s concerns. Mr. Gould indicated that Staff felt that the proposed lighting should be clarified by the applicant. Another concern of Staff is that there is one house that “juts” out toward the School Department’s parcels which is in a Low Density Residential District and provision should be made for an “A” buffer in that area. Mr. Gould indicated that all of the elements of the plan are in order. Staff and the applicant have been working fast and furious under a tight schedule to get this onto the Agenda. Mr. Bragg indicated that the applicant was more than happy to put in an “A” buffer and asked if it could be made as a condition of approval. Board Members discussed the “A” buffer, the proposed lighting. Chairman Sturgeon asked what they are proposing for lighting. Mr. Bragg indicated that at present that it is somewhat less than the 50’ right now but he didn’t know the exact level but the standard that they need to shoot for safe play is 50 foot candles. He said that they were focusing on using four poles to light the field. Chairman Sturgeon asked Jeff Allen asked if he was comfortable with what they are proposing for lighting. Mr. Allen indicated that they will still have the same number of lights but they are being distributed differently and focused more toward the field. Chairman Sturgeon indicated that he liked the idea of reducing the six poles to four. Kenney agreed and added that he would like for the record to see a photometric plan that shows where the light levels are. Chairman Sturgeon opened up the discussion to those in the audience. Margaret Gardner, 180 Fruit Street, which is directly across from Fruit Street School asked if there were going to an access to the site from Fruit Street. Presently when events are going on at the stadium there is a lot of traffic, people are parking in ”no 9 parking areas,” and it is noisy. However while the PA system is loud for certain events, they end at an appropriate time. She indicated that in the past that she has placed calls to the Police Department regarding traffic and noise. Chairman Sturgeon indicated that the plans do not propose any changes to the access. With the same number of seats he did not foresee any change in traffic. Chairman Sturgeon recommended that she continue to express her concerns about the traffic to the Police Department. Superintendent of Schools Betsy Webb thanked the City staff and everyone for their support. The timeline has been tight but they really had to address safety and code issues. Mr. Kenney moved to approve the Site Development Plan to construct a 6,440 sq. ft. building and replace a 2,500 seat stadium at 175 Fruit Street in a Government and Institutional Service district and at 304 Garland Street in a Park and Open Space District for Bangor School Department with the conditions that the applicant provides for an “A” buffer along the residential boundary and provide lighting details to the satisfaction of the City Engineer’s Office. Mr. Damon seconded the motion, which passed unanimously. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. There were no Minutes for consideration. The meeting was adjourned at 8:35 p.m.