HomeMy WebLinkAbout2009-08-18 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF AUGUST 18, 2009
MINUTES
Board Members Present: Allie Brown, Chairman
Nathaniel Rosenblatt
Jeff Barnes
Doug Damon
Andrew Sturgeon
John Miller
City Staff Present: David Gould
Peter Witham
Bud Knickerbocker
Lynn Johnson
Chairman Brown called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion on the Consent Agenda. Mr. Rosenblatt moved to approve the Consent Agenda. Mr.
Barnes seconded the motion, which carried by a vote of 6 to 0. The item approved is as
follows:
Item No. 1: Site Development Plan approval to relocate a loading space, add
a flag pole, enclose a dumpster, add site lighting, signage,
landscaping and other miscellaneous site improvements at 113
Maine Avenue in a Government and Institutional Service District
(G&ISD). Penobscot Community Health Care, applicant.
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PUBLIC HEARINGS
Item No. 2: Conditional Use/Site Development Plan approvals to construct
two 0.5 mm gal. emulsion storage tanks; construct one
additional 1.2 mm gal. asphalt storage tank; construct a new
loading rack, heat exchange and ancillary piping; and for minor
re-grading of the spill containment berm located at 58 Bennett
Street in an Urban Industry District. Down East Emulsions LLC,
applicant.
Chairman Brown opened the Public Hearing and asked for comments from the
applicant or their representative. Mr. Dick Day of Plisga & Day along with Mr. Steve Ford
Plant Manager for Down East Emulsions, LLC, were present in support of this application.
Mr. Day indicated that this operation has been at this location since 1971 and in November
2007 received Planning Board approval for an expansion to construct a 1.2 million gallon
storage tank. Because of the increased demand for paving as a result of the Government’s
stimulus monies, the applicant now needs additional storage for their products. The
applicant wishes to construct an additional storage tank this year and construct all three
proposed tanks within the next two years. The tanks are nearly identical to those presently
on the site. Mr. Day indicated that they have read the Staff Memorandum and are in
agreement with those comments.
Mr. Rosenblatt asked if the proposed changes to the containment system would be
constructed at the same time as the first tank is constructed or after all three tanks are
constructed. Mr. Steve Ford explained how the emulsion process works and that they
propose to make the modifications to the containment system at the same time that the first
tank is constructed.
No one spoke in opposition. Chairman Brown closed the Public Hearing and asked for
Staff comments. Planning Officer David Gould explained that this application is for
Conditional Use and Site Development Plan approvals to construct two 0.5 million gallon
emulsion storage tanks, one 1.2 million gallon asphalt storage tank, a new loading rack, heat
exchange and ancillary piping; and for minor re-grading of the spill containment berm at 58
Bennett Street in an Urban Industry District. This site was before the Planning Board in
November 2007 for approval of a 1.2 million gallon asphalt storage tank, a containment berm
and an above-ground manifold next to the rail spur. At that time, tank farms were classified
as a Permitted Use and Petroleum product storage facility as a Conditional Use in the Urban
Industry District. Because of the confusion in which way to classify the project, it prompted
an amendment to the Land Development Code to remove tank farms as a permitted use and
leave the petroleum product storage facilities as a Conditional Use in the Urban Industry
District. Mr. Gould indicated that Staff feels that the proposed use does meet the four
Conditional use standards contained in 165-9. It also meets the two conditional use
standards of (165-96D 92) as the Fire Department inspector has reviewed the application
and found no fire prevention issues; and existing residential uses are at least 1000 feet from
the site.
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Mr. Gould indicated that Staff had some concern as to the proposed lighting. The
applicant submitted a manufacturer’s detail sheet on lighting as specified by a condition of
the previous approval. Mr. Rosenblatt made reference to a note on the Site Development
Plan regarding the proposed lighting to be consistent with Section 165-81. Mr. Gould noted
that that should be fine.
Mr. Rosenblatt moved that the Board approve the Conditional Use request and the Site
Development Plan for Down East Emulsions, LLC at 58 Bennett Street. Mr. Sturgeon
seconded the motion. Mr. Miller noting that the applicant indicated that they propose to
construct one tank now the others later, if the applicant would be required to come back
before the Board. Mr. Gould explained that under the Land Development Code an applicant
has one year to start on an approved project and up to two years to complete it. If the
applicant does not complete the project within the two year timeframe, they have the option
of coming back to the City to request a completion date extension.
Chairman Brown asked for a vote. The Board voted six in favor and none opposed.
NEW BUSINESS
Item No. 3: Site Development Plan approval for revisions to an approved
Site Plan to add fencing, a blast wall, lighting, exterior changes
to the building and other minor site changes at 74 Exchange
Street in a Downtown Development District (DDD), Maine
Judicial Branch, applicant.
Mr. Paul Monyok, P.E. with WBRC Architects-Engineers, represented the applicant who
is requesting approval of revisions to an approved Site Development Plan at 74 Exchange
Street. Mr. Monyok discussed the proposed revisions which include adding fencing, a blast
wall, lighting, exterior changes to the building, bollards, additional ADA ramps, an entry
canopy, and the acquisition of addition property on Washington Street. Mr. Monyok indicated
that these changes are the result of unforeseen changes during construction.
Mr. Damon asked if it was customary to have so many changes to a new building. Mr.
Philip Johnston, Project Manager, indicated that once they started construction, there were
unforeseen problems with utilities and their location. He indicated that the City Staff was
very cooperative and this was a team effort to revise the plan.
For such a large project, Mr. Sturgeon felt that the proposed changes were very
minor.
Planning Officer Gould indicated that while the proposed changes to the plan were
minor for such a large project, Staff felt that it should be brought back to the Planning Board
for approval. Staff recommended that the Board approve the revised Site Development Plan
as it met the submittal requirement contained in the Land Development Code.
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Mr. Rosenblatt moved to approve the Site Development Plan for revisions to the
approved Site Development Plan for Maine Judicial Branch at 74 Exchange Street. Mr.
Barnes seconded the motion. The Board voted 6 to 0 in favor of the motion.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Chairman Brown indicated that the Minutes of the July 21, 2009 and August 4, 2009
Meetings were ready for Board approval. Mr. Barnes moved to approve both sets of Planning
Board Meeting Minutes. Mr. Miller seconded the motion. The motion carried unanimously.
As there were no other items for consideration, the meeting was adjourned at 7:22
p.m.