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HomeMy WebLinkAbout2009-04-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF APRIL 21, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Doug Damon Miles Theeman John Miller City Staff Present: David Gould James Ring Peter Witham Bud Knickerbocker Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Preliminary Subdivision Plan approval of a 23-lot cluster subdivision located on Grandview Avenue in a Low Density Residential District. Woods of Maine, Inc., applicant. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Don Becker with CES, Inc. indicated that the applicant had previously been before the Board in 2008 requesting subdivision approval for this site. At that time, the Board, the abutting property owners and neighbors had expressed concerns about the project especially the wetlands, proposed open space and the configuration of the proposed private roadways. Mr. Becker indicated that this new proposal is for preliminary subdivision plan approval for a 23-lot cluster residential subdivision located off Grandview Avenue in a Low Density Residential District. Mr. Becker said that he felt that he had addressed the concerns in that the open space has been increased, the roadway has been reconfigured and some of the lots have been located 100 feet toward the east away from the wetland. The western area of the parcel is now proposed to be used as a travel corridor which makes this viable and usable open space. They have done test pits, they are proposing 46% open space more than that required, and there are no issues with the floodplain. Mr. Becker also indicated that they have submitted a complete analysis of the stormwater. 2 Mr. Roger St. Armand of CES, and a Certified Soils Scientist, discussed the various types of soils on this parcel and indicated that they are suitable for this type of development. Mr. Damon asked when the road is constructed what type of wetland mitigation will be proposed. Mr. St. Armand indicated that they will only need to obtain permitting for a stream crossing. Chairman Brown asked for comments from proponents. There being none, she asked for comments from opponents. Mr. Mattei T. Ilina, 5 Greenfield Avenue spoke in opposition. He expressed his concern about the stormwater drainage from this site to Essex Street, the stream crossing and the fact there will be wetlands on 13 of 26 lots. Mr. Mike Brooker, 582 Grandview Avenue, asked about the location of the floodplain. Mr. Jim Ring, City Engineer, indicated that it is along the brook. Mr. Brooker indicated that in the time that he was lived there, this area has flooded twice and he felt that this was not a good site for this project as it will likely flood again. He also expressed concern that the project is proposing a bank of mailboxes along Brookfield Lane which is very close to his house and will result in congestion. He asked if the waste removal would be private or if they would be using dumpsters and where would they be located. Mr. Brooker felt that all of these things should be contained within the development. No one else spoke in opposition. Chairman Brown closed the Public Hearing and asked for staff comments. Planning Officer David Gould indicated that this is a request for a preliminary subdivision plan for a 23-lot cluster subdivision located off Grandview Avenue in a Low Density Residential District. A similar application was before the Board in 2008 that did not receive Board approval. This new plan has a revised layout. This cluster subdivision request allows for smaller individual lots with a larger required open space area. This proposal provides for 40% open space where 35% is required. The total area is 14.05 acres of which the open space will be 6.47 acres which is 46% of the total subdivision area. The open space includes part of the Bangor Hydro Electric easement near the City-owned Prentiss Woods and a stream bed of the Arctic Brook. 65% of the proposed open space is upland while the remaining 35% is wetland. The applicant is proposing to construct private streets within the development (Brookfield Lane and Whisper Drive). Both will be private streets. Brookfield Lane will end in a hammerhead and Whisper Drive which will end in a cul-de-sac. He noted that Fire Prevention has expressed concern that the hammerhead legs will be too short to accommodate fire vehicles and would like to see this amended. Mr. Gould indicated that it should be made clear to any buyers that they will be buying into long-term maintenance of the roadways. Also, if there is a public trail system the City would like an easement to this system and because Arctic Brook is an impaired watershed the City would also like permission to get to the watershed if any water quality improvements are needed. The City Engineer has asked that the applicant discuss the proposed hammerhead legs with Fire Prevention. Staff has recommended that a homeowner’s association should be established and conditions included in the deeds recognizing the private street and stormwater system responsibilities. He noted that sewer easements to the City will be required. 3 Chairman Brown expressed her concern with the proposed private roads. She felt that sooner or later there will be a request to make these roadways public streets and she was concerned as to whether or not they would be constructed to City standards. City Engineer Jim Ring indicated that before the City would consider taking over the private streets that the streets may have to be improved to bring them up to the City’s standards. Chairman Brown also expressed her concern as to whether these private roadways would be adequate to handle school buses and trash removal. Mr. Theeman indicated that he was concerned about the wetlands composition and the fact that it utilizes the Arctic Brook streambed. Mr. Theeman said that he felt that open space should be useable space. He was concerned about the wetlands when the preliminary plan was before the Board in 2008 and he still had the same concerns. Mr. Becker, in response indicated that this proposal has met the 35% open space rule, there is no area that is not accessible, this is a good piece of land, and the development will be beneficial to the City of Bangor. They are proposing curbside pickup. He noted that they have done several private streets which have worked quite well. He noted that they will need to obtain DEP approval for the stream crossing which is located where the neighbors wanted it to be. Mr. Becker felt that this was a good development. Chairman Brown asked if the Board was interested in conducting a site visit. It was the consensus not to visit the site. Mr. Damon felt that there were very few other uses that would be suitable for this parcel other than for this type of project and he felt that this was a workable plan. He indicated that he intended to support it. There being no further comments, Chairman Brown asked for a motion. Mr. Theeman moved that the Board approve the preliminary subdivision plan for a 23-lot cluster subdivision located on Grandview Avenue in a Low Density Residential District for Woods of Maine, Inc. Mr. Barnes seconded the motion. The Board voted two in favor and three opposed. The motion failed. Mr. Barnes indicated that he supported the preliminary subdivision plan. Ms. Brown indicated that she was opposed because of concerns with the private roadways and she did not think that this plan addressed the issues of the wetland impacts. Mr. Theeman noting that his position had not changed, said that he was concerned with the proposed mix of homes and wetlands. Mr. Miller agreed with the concern regarding wetland impacts. Item No. 2: Amending the Land Development Code Chapter 165-114F – Land Development Approval Standards to Prohibit Planting of Invasive Species. City of Bangor, applicant. C.O. # 09-130. Planning Officer Gould provided an overview of the proposed Land Development Code Amendment that was developed by the Penjajawoc Marsh Bangor Mall Management Commission after several years of overseeing development projects in the Overlay District and working with developers and designers to avoid invasive plants. The intent was to adopt by 4 reference a published list of Invasive Species in Maine that would be reviewed and updated overtime in lieu of the City establishing its own list of invasive plants to prohibit. While the issue of invasive plants is not a large one for the City currently, elsewhere it has been problematic and is hard to control once plants get established. On the other side, the enactment of a prohibition does not appear to cause a great concern for designers or developers as there is little incentive for them to plant invasive species. Ms. Lucy Quimby, 1230 Kenduskeag Avenue and Chairman of the Marsh Mall Commission and President of the Bangor Land Trust indicated that she was in support of the proposed amendment as invasive plants like Purple Loosestrife could be extremely damaging to the marsh ecosystem. When the Marsh Mall Commission invited landscape professionals to discuss invasive species they were all in support of a City-wide prohibition. Mr. Doug Damon asked how the proposed prohibition would impact residential property owners. It was noted that the proposed language would only apply to those projects that require Site Development Plan approval and would not apply to individual residential properties. City Engineer Jim Ring thought it would be a good first step. Mr. Barnes moved that the Board recommend to the City Council that the zoning Amendment contained in C.O. # 09-130 be approved. Mr. Theeman seconded the motion. The Board voted 5 in favor and none opposed to recommend the proposed language to the City Council. NEW BUSINESS Item No. 3: Site Development Plan approval to construct a 121 space employee parking area with ambulance parking and other site improvements at 931 Union Street in a General Commercial and Service District and a Shopping and Personal Service District. Eastern Maine Healthcare Systems, applicant. Mr. Theeman indicated that he had a conflict of interest due to the fact the applicant is a holding company for Affiliated Healthcare Systems of which he is the President and CEO. Mr. Damon moved to recuse Mr. Theeman. Mr. Barnes seconded the motion. The Board voted 4 to 0 in favor. Mr. Dennis Judd with SMRT, representing the applicant, indicated that John Theriault and Shelly Lizotte with Ames A/E, and Addy Dubois with Eastern Maine Healthcare Systems were present in support of this application. Mr. Judd explained that the applicant is requesting approval of a 121-space employee parking area (116 spaces for staff and 5 ambulance parking spaces) and other site improvements at 931 Union Street. Mr. Judd explained that they are also proposing a change to their secondary entrance (delivery entrance) to install a raised concrete island and signage to indicate that this entrance if for right-in, right-out only turns. Mr. Judd indicated that at the time the Staff Memorandum was written there were some minor 5 details that needed to be address and they have been addressed. Mr. Judd noted that the applicant has received a Traffic Movement Permit from the Maine Department of Transportation to convert 33,200 sq. ft. from warehouse use for use as an Outpatient Imaging Center. Chairman Brown asked for Staff comments. Planning Officer Gould indicated that this is a request for Site Development Plan approval to construct a 121-space employee parking area with ambulance parking. Also, the applicant is requesting approval of a right-in, right-out driveway at the delivery entrance to the site. The applicant has obtained a Traffic Movement Permit from MDOT for the conversion of warehouse use to an Outpatient Imaging Center. Mr. Gould indicated that the Site Development Plan is now in order and Staff recommended approval with the condition that the approval include the landscaping plan approved on June 21, 2005. Mr. Gould noted that because there were only four members voting and for the applicant to receive approval all four members would need to vote in favor. The applicant was offered the choice of either proceeding with the application or to request that it be postponed until a full Board is present and voting. Representatives of the applicant indicated that they wished to proceed. Ms. Ann Deabay, who lives next door at 851 Union Street, said that cars use her driveway to exit this site and to access the abutting gas station. She requested that a gate be erected across the access point from her driveway to this site. Chairman Brown asked for a motion. Mr. Barnes moved that the Board approve the Site Development Plan to construct a 121-space employee parking area with ambulance parking and other site improvements at 931 Union Street in a General Commercial and Service District and a Shopping and Personal Service District for Eastern Maine Healthcare Systems, applicant, with the condition that the approval include the landscaping plan approved on June 21, 2005. Mr. Miller seconded the motion. The Board voted four in favor and none opposed. Item No. 4: Final Subdivision Plan approval of a 16-lot subdivision located off of 1528 Ohio Street (Lyons Ledge Subdivision Phase II) in a Low Density Residential District and a Rural Residence and Agricultural District. Woods of Maine, applicant. Mr. Don Becker with CES, Inc., represented the applicant and explained the Final Subdivision Plan. Mr. Becker noted that there were concerns expressed at the time of preliminary plan approval and inconsistencies noted in the Staff Memorandum. Mr. Becker indicated that these issues have been addressed. No one spoke in opposition. The Board had questions regarding the lots and whether or not the numerical inconsistencies on the site plan as noted by Staff had been addressed. Mr. Becker indicated that all of these issues have been addressed. Planning Officer Gould indicated that this is a request for Final Subdivision Plan approval of a 16-lot subdivision located off of 1528 Ohio Street (Lyons Ledge Subdivision Phase II in a 6 Low Density Residential District. He noted that revised plans had been submitted which addressed the concerns expressed at the time of the Preliminary Subdivision Plan approval, as well as, Staff concerns outlined in the Staff Memo. As the plans were in order Staff recommended that the Final Subdivision Plan be approved with the standard condition that the improvement guarantees be submitted within 120 days of approval. Mr. Theeman moved that the Board approve the Final Subdivision Plan for a 16-lot subdivision located off of 1528 Ohio Street in a Low Density Residential District and a Rural Residence and Agricultural District for Woods of Maine, applicant (with the condition that the improvements guarantees be submitted to the City within 120 days of approval). Mr. Barnes seconded the motion which carried by a vote of 5 to 0. Board Members noted that they were pleased with the proposed sidewalks within this development. Item No. 5: Site Development Plan approval to construct 3 parking lots, a hand carried watercraft launch, trails and related utilities, grading, and landscaping at the Bangor Waterfront in a Waterfront Development District. City of Bangor, applicant. City Engineer Jim Ring, representing the applicant, explained that this is the fourth phase of the Waterfront Development Park. He gave a brief history of the developments that have occurred along the waterfront. This site plan before the Board is to construct three parking lots (a 60- space lot and a 71-space lot located on both sides of the railroad tracks to be accessed from Railroad Street, and the third one will be a 14-space parking lot off of Dutton Street beside the asphalt tank for those using the personal watercraft launch). Also proposed is construction of a hand carried watercraft launch (behind Hollywood Slots) and paved path, and lighting. Mr. Ring explained that the proposed drainage system which will include an underground collection system as well as rain gardens. The proposed public improvements are within the City’s waterfront property between Railroad Street and Dutton Street and between the Penobscot River and the railroad track right-of-way. Mr. Damon indicated that he felt that this was an excellent plan and asked if there were plans for a personal watercraft launch. Mr. Ring indicated that there was not one proposed but that one could launch a boat at the Turtlehead Marina in Hampden which is not very far away. Mr. Miller asked if there were any proposals for pedestrian access along Main Street. Mr. Ring indicated that there were none at the moment but the City is looking at this issue. Mr. Dave Sleeper said that he felt that this was a tremendous asset to the City of Bangor. He asked if there was any consideration into beautifying the present area of the waterfront that has piles of materials stored there. He said that he would also like to see a bridge across the railroad tracks. Mr. Ring indicated that this plan proposes to eliminate the stored materials but there weren’t any plans for construction of a bridge over the railroad track. Mr. Roland Fogg, Pike Industries (an abutting property owner) told the Board that initially he had issues with this plan because they have trucks that need to go to their site through the Dutton Street access point. After discussion with Mr. Ring, he felt that while it may not work as easily for them, but that they could live with it. 7 Planning Officer Gould indicated that the initial landscape plant listed Tartarian Honeysuckle which is found on the list of invasive plants. This plant has been replaced on the site plan with one that now complies. He noted that the City also must obtain permitting from the Maine Department of Environmental Protection for Site Law and NRPA Permits, as well as, Shoreland Zoning and Flood Plain Management Permits. Mr. Gould indicated that Staff recommended Site Development Plan Approval with the condition that the City obtains the above-noted permits. Mr. Theeman moved that the Board grant approval of the Site Development Plan for the City of Bangor to construct 3 parking lots, a hand carried watercraft launch, trails and related utilities, grading, and landscaping at the Bangor Waterfront in a Waterfront Development District with the condition the City obtain permitting from the Maine Department of Environmental Protection for Site Law and NRPA and other local Shoreland and Flood Plain permits. Mr. Barnes seconded the motion. The motion passed by a vote of 5 to 0. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the April 7, 2009 meeting were in order. Mr. Theeman moved to approve the Minutes of the April 7, 2009 meeting. Mr. Barnes seconded the motion. The motion passed 5 to 0. As there were no other items for discussion, the meeting was adjourned at 9:05 p.m.