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.
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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.
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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
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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
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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
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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.
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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.