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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. 2 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. 3 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. 4 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.