HomeMy WebLinkAbout2011-03-22 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
SPECIAL MEETING OF MARCH 22, 2011
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby, Alternate Member
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Rodney McKay
Paul Nicklas
Art Morgan
Peter Witham
Jennifer Boothroyd
Lynn Johnson
Chairman Theeman called the meeting to order at 7:00 p.m.
OLD BUSINESS
Item No. 1: Site Development Plan approval to construct four, two
bedroom apartments in the existing building at 88 Walter
Street in an Urban Residence 2 District. Anastasios
Karageorgiou, applicant.
Chairman Theeman noted that this item was continued at the Board’s March 15,
2011 Meeting. Mr. Ron Bragg, representing Mr. Karageorgiou, indicated that at the last
meeting there were several items missing on the plans and Acting City Engineer Art
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Morgan had not had a chance to review the last minute submission. He met with Mr.
Morgan and reviewed the changes. Also included on the revised submittal were the
elevation changes, specifications for the exterior of the building, completion of the
serviceable walkway around the back of the building, revision to parking to meet the
setback requirements, completion of the erosion control plan, and inclusion of the zone
change that was passed in December 2010 from an URD-1 to an URD-2.
Planning Officer Gould indicated that this is a request for Site Development Plan
approval for a four-unit apartment building located at 88 Walter Street in an Urban
Residence 2 District. This is an existing nonconforming structure that Staff
recommended for rezoning to URD-2 so that the applicant could rehabilitate the
structure as a four-unit building or tear it down and build a new one. As the site details
have been worked out and the plans are now in order, Staff recommended approval.
Mr. Art Morgan, Acting City Engineer, indicated that he reviewed the revised plans and
found them acceptable.
Mr. Sturgeon moved to approve the Site Development Plan to construct four, two
bedroom apartments in the existing building at 88 Walter Street in an Urban Residence
2 District. Anastasios Karageorgiou, applicant. Mr. Bolin seconded the motion which
passed by a vote of 7-0.
PUBLIC HEARINGS
Item No. 2: Conditional Use, Site Development Plan, and
Developmental Subdivision Plan approvals to construct one
duplex building, 4 four-unit buildings, and 6 six-unit
buildings for a total of 54, two-story single-family attached
residential units (Chapter 165, Section 165-99 D. (1))
located off of Greenfield Avenue and Grandview Avenue in
a Low Density Residential District. TJS Realty, LLC,
applicant.
Chairman Theeman opened the Public Hearing. Ms. Williams indicated that there
might be the appearance of a conflict of interest given that she is a manager at ERA
Dawson Bradford which is where Mr. Joe Simpson, who is an applicant, is an
independent contractor. She also indicated that ERA Dawson Bradford has an abutting
property listed for sale. Mr. Bolin moved that Ms. Williams has a conflict of interest on
this item. Mr. Sturgeon seconded the motion, which passed by a vote of 6 to 0.
Alternate Member Boothby was asked to vote.
Andrew Hamilton, Esq., along with Jonathan Pottle, Esq. both with Eaton
Peabody, Mr. Joe Simpson, the applicant, Mr. Victor Smith, Traffic Engineer and Mr.
Don Becker, P.E. with CES Inc., and Mr. Tom Gorrill, Traffic Engineer with Gorrill-Palmer
were present in support of this application.
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Mr. Hamilton indicated that the applicant had prepared supplements to the
application and answers to questions the Board had at its meeting on February 15,
2010. He indicated that there are three main parts. First, there were several questions
about traffic and pedestrian travel. Another question raised was how many school-age
children currently use the bus stop and how many from the proposed development can
be expected to use the bus stop at Greenfield Avenue. A letter from Alan Kochis,
Business Director for the Bangor School Department, indicated that in a number of
similar attached residential dwelling projects they typically see one to two students that
walk to the bus stop from those projects. There were questions as to how the
Ordinance defines “immediate area.” There was discussion that this project would
affect a small portion of the overall neighborhood. Mr. Hamilton indicated that the
overall neighborhood is defined by the Ordinance as the immediate area and includes
all properties within 500 feet in the same block. So the number of lots is 51 lots and
not 17 lots.
There were questions regarding the “extent and intensity of use” and how it
should be applied in determining whether the proposed use conforms to the general
character of the immediate area. Mr. Hamilton indicated that the Bangor Ordinance
and DEP both encourage low impact developments such as this. With respect to
stormwater, the distinction needs to be made between impervious cover and effective
impervious cover. There would not be any development in the 5 urban impaired
streams in the City of Bangor if the standard was no additional impervious cover. Arctic
Brook originates underneath the Broadway Shopping Center. So the impervious cover
that has already been placed in the Arctic Brook watershed exceeds what DEP would
suggest for a net effective impervious cover standard as 9% and it is at 23% now. The
question is not impervious cover at all, it is net effective impervious cover.
Mr. Hamilton discussed the traffic study done for Mr. and Mrs. Lyon by Diane
Morabito with Maine Traffic Resources. Noting that several issues were raised by Ms.
Morabito in regard to the traffic study submitted by the applicant, many have been
reviewed and in some cases, already been addressed. Regarding the trip generation
from students living at various condominium complexes throughout the City, Mr.
Hamilton indicated that the number is very low. Mr. Hamilton distributed handouts to
the Board regarding responses to the Board’s questions expressed at the prior Public
Hearing.
Mr. Victor Smith discussed a letter from Alan Kochis, Business Director for the
Bangor School Department regarding the number of students and traffic. Mr. Smith
indicated that at the Orchard Hills development (a portion of a condominium project
located on Broadway) there are 51 attached units and 2 students. Sable Ridge on Ohio
Street has 44 units and 1 student. Meadowbrook Ridge has 46 units and 0 students.
He indicated that attached residential housing does not have many school students.
Traffic at Orchard Hills at a.m. peak is 12 and at p.m. peak is 18. At Sable Ridge a.m.
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peak is 19 and p.m. peak is 18. It is projected that 1 to 5 students will live in this
development.
Mr. Joe Simpson, the applicant, spoke in favor. He indicated that he believes the
project is sensitive to the area and utilizes Low Impact Development to mitigate
wetland impact and neighboring projects.
Emily Ellis spoke in favor and indicated that she feels that the project either
meets or exceeds all criteria. She indicated that Mr. Hamilton’s presentation addressed
all of the issues.
Mr. Mike Woods, an abutting property owner, told the Board that this project is
needed and will result in money for the City.
Chairman Theeman asked for comments from opponents. Attorney A.J. Grief,
representing Mary and Daryl Lyon, indicated that if this existing area is defined as 51
units and there are 52 units proposed as part of this project, traffic in this area will
double. He felt that if this parcel were developed at the existing density there would be
eight single-family residences and this would conform to the area. This development at
54 dwelling units on 10 acres equates to 5 dwelling units per acre which is doubling the
activity in the same area.
Mr. Grief also noted the change in membership of the Board since the last
hearing because of City Council appointments. He said that it would send the wrong
message if the vote is different based upon a change of membership of the Board.
Ms. Jenna Daneen, who resides at 21 Greenfield Avenue, told the Board that this
area has traffic concerns. Essex Street road noise is very loud and it will only get
worse. She said that she did not expect that 52 units with access onto Greenfield
Avenue would be built. There are no sidewalks and she did not feel that stamped
asphalt provided enough of a sidewalk. Ms. Daneen indicated that there are a lot of
kids with the youngest ones living directly around Lupine Way.
Mary Lyon, a resident at 25 Greenfield Avenue, was concerned that this
development would increase traffic. She said that she and her husband had an
independent traffic study done by Diane Morabito, at Maine Traffic Resources. Their
traffic study came up with a different result than that of the applicant. Ms. Morabito’s
review determined that traffic will increase on Greenfield Avenue to 1 car per minute,
the software used by the applicant’s traffic consultant was out-of-date, the nearby
intersection is close to a high crash location, and the trip generation model used by the
applicant’s traffic engineer was for low-rise condominiums. Mrs. Lyon felt that a four
foot stamped sidewalk was inadequate.
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Mr. Tim King who works in the construction industry and resides at 11 Labarca
Lane indicated that he felt that this project does not conform to the size of the existing
single-family homes, he had concerns about the size of the proposed buildings, there
were no basements proposed, they would not conform to the bulk of the area, it will
triple the amount of people in the neighborhood and other condominiums mentioned
earlier are occupied by older residents which creates fewer traffic issues.
Mr. Alan Hunter, a forester who resides at 20 Greenfield Avenue, indicated that
he has concerns regarding the vernal pool on the property and the fact that Arctic
Brook is an impaired stream. Mr. Hunter explained that this impaired stream is polluted
from impervious surfaces. He discussed invertebrate and stream life. He did not think
that the stormwater plan will handle big storms, they are proposing three stream
crossings which are excessive, the road is proposed to go through the widest portion of
the wetland and pollutants will go from the roadway into the wetland. Mr. Hunter
expressed his concern regarding the vernal pool indicating that this is a significant
amphibian breeding area. He felt that this area should be restored and not further
fragmented. The arch pipe proposed, experts say, will not be effective. He said that if
the roadway is constructed it will be a killing field for amphibians. Mr. Hunter also had
a concern with pollution during construction indicating that the proposed silt fence was
not adequate for the development proposed.
Mr. Mattai Ilnia, 5 Greenfield Avenue, spoke in opposition. He said that he
disagreed with former City Engineer Jim Ring who said that the Arctic Brook starts at
the Broadway Shopping Center as he feels it starts in his back yard. His foundation
drain is under two feet of water. He told the Board about the drainage problems that
he has experienced on his property since purchasing it in 2002, as well as, those in the
neighborhood. He said that water has been pooling on the Essex Street properties ever
since the Whispering Meadows Subdivision development. He expressed concern that
the engineer for this project is the same that designed the Whispering Meadows
development. He did not feel that condominiums were compatible with single-family
neighborhoods. He also expressed his concern that they would decrease the property
values on Greenfield Avenue.
Anne Marie Stroian, 5 Greenfield Avenue, told the Board that she is a mechanical
engineer. She expressed her concerns that the Whispering Meadows project on
Grandview has decreased their property values, this project will further decrease
property values, and it will be negatively impacted from stormwater. She said that the
proposed units are not in keeping with the existing development in the area and the
addition of 54 units will be a hazard to the residents of the mobile home park on Essex
Street (Holiday Park).
Mr. Quan Shi, a psychologist who resides at 10 Labarca Lane, had concerns
regarding child safety. He said that the last vote of the Board affirmed that this is
wrong for this neighborhood.
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Mr. Darryl Lyon, 25 Greenfield Avenue, added that their traffic engineer, Diane
Morabito, proved that this development will create hazardous conditions and will create
traffic congestion.
Mr. Ed Bearor, an Essex Street resident (4 houses south of Grandview Avenue)
indicated that existing traffic making a left-hand turn from Essex Street onto Grandview
Avenue backs up to his driveway which is approximately 500 feet away from the
intersection. With the addition of nearly 200 units which have been approved on Outer
Essex Street in the last few years it is at least a two minute wait to get out of his
driveway.
No one else spoke in opposition and Chairman Theeman closed the Public
Hearing.
Mr. Hamilton rebutted by saying that the Board needs to determine whether or
not it meets the review standards (Land Development Code).
Mr. Sturgeon asked if the applicant had obtained all required environmental
permits. Mr. Hamilton indicated that the applicant has obtained the necessary DEP
Permits and the Army Corps Permit is pending. Mr. Sturgeon, noting the concern with
permits, indicated that the State regulations and permitting are outside of the Board’s
purview.
Mr. Tom Gorrill, Traffic Engineer with Gorrill Palmer discussed the methods used
for the traffic counts, that the software used while not the most current, still provided
accurate outcomes. While Essex and Grandview is a dangerous intersection it is not
classified as a High Crash Location. He went through all of the questions raised by the
opposing neighbors indicating that all of these issues have been addressed. He
indicated that he disagreed with Ms. Morabito’s traffic analysis.
Mr. Damon asked if the five foot sidewalk met ADA requirements. Mr. Becker
indicated that ADA does not apply. However there is a 36” minimum.
Mr. Bolin indicated that he had not gone through all the materials that were
distributed to the Board, but he said that he had concerns with single-family vs.
attached in that condo residences vary as to square footages. Mr. Hamilton indicated
that the Land Development Code allows for a variety of housing types and it is the
City’s policy to encourage different types and groups of housing in one area.
Mr. Miller asked if a 5 foot raised sidewalk could be done on Lupine Way. Mr.
Hamilton indicated that the applicant would be willing to do this.
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Attorney A.J. Grief asked the Board to focus on all criteria for the granting of a
conditional use. He discussed them all indicating that this proposal must meet
minimum standards, not create hazardous traffic congestion, must meet drainage
requirements, and must be architecturally compatible with the intensity and extent of
the neighborhood. He added that this is the only condominium project in the City
exiting onto a small neighborhood street.
Chairman Theeman asked Police Chief Ron Gastia to address the concern
regarding recent accidents in this area. Chief Gastia indicated that there have been 22
traffic crashes along Burleigh Road to Essex Street, most of which were car/deer
accidents or because of slippery roads. Chairman Theeman asked if there was any
police position on a stamped sidewalk. Chief Gastia indicated that there is no official
position.
Chairman Theeman then asked for Staff comments. Planning Officer Gould
passed out additional information and letters from abutting property owners for the
Board’s review and indicated that there is a lot of new information that was submitted
to the Board at the meeting for the Board to sift through. He indicated that there is no
standard that prohibits accessing a residential street. Traffic will increase and the
Board needed to decide whether it creates a dangerous condition.
Mr. Sturgeon asked if the traffic from this project is near the threshold for
requiring a larger traffic study, if the City has a preference regarding a raised sidewalk
or a curbed sidewalk, and what the advantage or disadvantage is regarding the City’s
policy to do clustered development. Mr. Morgan indicated that this project is not near
the MDOT threshold for requiring a larger traffic study; a raised sidewalk is safer but
will require it being plowed separately.
Mr. Kenney asked if there were any future plans for the intersection of
Grandview Avenue and Essex Street, what the stormwater impacts are and he had a
question regarding possible flooding. Mr. Morgan indicated that there are no future
plans for this intersection, the site has proposed Low Impact Development BMPs to
reduce the impact, and the applicant has contributed to a mitigation fund to offset
impacts in the watershed. He indicated that this project contributes to restoring the
watershed, and is downstream and should not impede flows at this time.
Mr. Theeman asked for a motion. Mr. Bolin indicated that he did not feel that he
could vote on this given all of the new information that was submitted. Mr. Theeman
indicated that the Board could continue the vote but that the Public Hearing was closed.
Mr. Sturgeon indicated that he would like to hear the Board’s feeling on this. Mr.
Boothby indicated that he would like more time. Mr. Miller indicated that he felt that his
concerns have been met but would be glad to support delaying the vote. Mr. Kenney
indicated that he also would like more time to review materials as did Mr. Damon who
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said that he would like to reconcile the conflicting information. Mr. Theeman indicated
that he would like more time for review.
Mr. Sturgeon asked if the Board would be receiving any additional information.
Mr. Gould indicated that because the Public Hearing was closed, he did not expect to
receive or forward any additional information to the Board.
Mr. Sturgeon moved that the Board continue this item to its next meeting. Mr.
Damon seconded the motion. The Board voted unanimously to continue this item to its
next meeting on April 5, 2011.
The meeting was adjourned at 10:30 P.M.