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HomeMy WebLinkAbout2009-07-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JULY 21, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Doug Damon John Miller Nathaniel Rosenblatt Andrew Sturgeon Miles Theeman 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. She explained, for the benefit of the audience, the process by which the Board considers testimony during a public hearing. PUBLIC HEARINGS Item No. 1: Preliminary Subdivision Plan re-approval of a 14-lot subdivision located at 1397V Essex Street in a Rural Residence and Agricultural District. Woods of Maine, Inc., applicant. Chairman Brown opened the Public Hearing. Mr. Don Becker, P.E. with CES, Inc., represented the applicant, Woods of Maine, Inc. who is requesting re-approval of a Preliminary Subdivision Plan for a 14-lot subdivision located at 1379 Essex Street. He explained that because the applicant did not submit the necessary improvement guarantees before the required 120-day deadline, the approval lapsed. This is the same exact application that received approval by the Planning Board and by the Marsh Mall Commission. Chairman Brown asked for comments from proponents. There being none, she asked for comments from opponents. Mr. Ryan Robbins, a resident of 31 Kenduskeag 2 Avenue, indicated that he was opposed to this subdivision because there has been an increase in the black bear population in the area because of an increased use of the wildlife corridor by people. He felt that it would be prudent to delay developments until a Bear Management Plan has been developed. He indicated that felt that this change in the bear behavior needs to be looked at before it becomes a problem. He said that people are not educated on to how to deal with bears such as using bear proof garbage cans, etc. He asked the Board not to approve this subdivision. Mr. Robbins handed a written statement to Board Members for their review. As no one else spoke, Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that the applicant, Woods of Maine, Inc., is requesting re-approval of a preliminary subdivision plan for a 14-lot cluster subdivision. This applicant received both preliminary and final plan approvals but the applicant did not post the required improvement guarantees within 120 days of final plan approval. Therefore, the approval lapsed. The plan before the Board is identical to the one that the Board and Marsh Mall Commission reviewed and approved last year. Mr. Gould explained that a cluster development allows for smaller lot sizes but at the same times requires that 30% or more of the area be set aside as permanent open space. Mr. Gould noted that at the time the original plan was approved, Staff had concerns regarding the proposed on-site waste disposal. The applicant has received an NRPA Permit and a Chapter 500 Stormwater Permit from the Maine Department of Environmental Protection. The original approval was conditioned upon the applicant submitting a Homeowner’s Association Agreement documenting the responsibility for maintenance of the open space and on-site waste disposal. Mr. Rosenblatt asked if the Homeowner’s Association Agreement would cover maintenance of the open space, as well as, stormwater. Mr. Gould explained that with the new stormwater quality regulations there is a new process that now requires a stormwater inspection and maintenance plan if you are required to do stormwater treatment. Also, because this is private and the City is not electing to do this maintenance it is necessary that this be spelled out in a Homeowner’s Association agreement. Mr. Rosenblatt, in response to Mr. Robbins’ concerns indicated that that there are no provisions under the Land Development Code or State Subdivision Statutes regarding bear habitats. This is an issue that would need to be brought before the City Council. Mr. Gould added that the only such formal habitat designation that he knew of would be the bird habitat area associated with the Penjajawoc Marsh. Chairman Brown asked for a motion. Mr. Rosenblatt moved to approve the Preliminary Subdivision plan for Woods of Maine for a 14-lot subdivision located at 1397 Essex Street. Mr. Theeman seconded the motion. The Board voted 7 to 0 in favor of the motion. 3 Item No. 2: Preliminary Subdivision Plan approval of a 21-lot cluster subdivision located off of Grandview Avenue in a Low Density Residential District. Woods of Maine, Inc. Chairman Brown opened the Public Hearing and asked for a presentation. Attorney Joseph Ferris, representing the applicant, explained that this is a revision of a previous plan for the Whispering Meadows Subdivision located off of Grandview Avenue. Mr. Ferris noted that the Board had concerns with the subdivision as proposed in April, 2009 regarding the location of the open space, ratios and percentage of wetlands in the open space, and that the roadway was proposed as a private street. Now, the applicant has resubmitted plans which address those concerns in that the development has been redesigned to move the open space, and the roadway will be a City owned and maintained street. Mr. Rosenblatt noted that in the Staff Memorandum the Fire Department had concerns with two of the lots. Mr. Ferris indicated that they talked with the Fire Department and are now proposing to sprinkle houses built on these two lots to address this. Mr. Rosenblatt also had questions regarding giving the City an easement to access the Arctic Brook and why the applicant chose to locate the open space next to the stream rather than locating it contiguous to the abutting development to act as a buffer. Attorney Ferris indicated that the applicant will give the City an easement. Mr. Don Becker indicated that they did give consideration to locating the open space next to the existing development but the Planning Board had objections to the quality of soils on the other side of the stream and providing open space within the Bangor Hydro easement. The proposed open space eliminates wetland impacts and a potential stream crossing. Mr. Rosenblatt asked about stormwater impacts. Mr. Becker indicated that while not required, they did implement stormwater quality treatments within the development. This would protect future owners of the remaining land from having to obtain an “After the Fact” permit. Mr. Theeman asked if they planned to access the open space by constructing a bridge for pedestrian and wildlife access. Ms. Emily Ellis, 92 Forrest Avenue, indicated that she did not feel that having wetlands within open space was undesirable. She said that open space does not have to be upland and cited the Woods of Maine development off of Bomarc Road where many who live there love and enjoy being next to wetlands for the birds, deer and bear. Chairman Brown asked for comments from opponents. Mr. Richard Bach, 69 Labarca Lane, spoke in opposition. He indicated that there are 5 parcels within this development that abut his ½ acre lot. He said that three of the lots will fit inside his lot and he asked if they are proposing to put in a trailer park. He was concerned that this was not consistent with the existing development, it would decrease the value of the homes, it would have a negative impact on taxes and valuations and have a negative 4 impact on the environmental area. He was concerned that there were no buffers provided and he did not feel it made sense to allow this subdivision as proposed. Mr. Alan Hunter, 20 Greenfield Avenue, also spoke in opposition. He indicated that the design of the new subdivision was a stark contrast to the existing neighborhood. The Arctic Brook is an urban impaired stream which means that it doesn’t meet standards. He discussed the soils information submitted and indicated that he would challenge this and felt that an unbiased third party needs to be involved. Mr. Hunter felt that the hydric soils are unstable for development, and if the foundations are not set at the correct depth they could break apart. He was also concerned about sewer hook ups because of the shallow soil. He said that he would not want his house to be built on this type of soil and he felt that the road maintenance would be a taxpayer burden. Mr. Mike Brooker, 582 Grandview Avenue agreed with both Mr. Bach and Mr. Hunter. He added that he felt that this proposal should not be done, the lots proposed are very small and the development will create additional runoff on the lowest portion of the lot. He was concerned about a proposed storm water easement, and felt that there would be problems in this area because of frost. He was concerned about the design of Brookfield Lane. Currently there is a great deal of rainfall that has gone into his yard and this development will create more runoff into his yard. He told the Board that he did not support this. Mr. Matei Ilina, 5 Greenfield Avenue said that he did not understand how the applicant will be able to build on these wetlands. His sump pump runs every day and his lot is 350 feet away. He expressed his concern about the small lots and additional water being added to the brook. He felt that the smaller lots were a fire hazard. Mr. Mike Grindle, 45 Labarca Lane also spoke in opposition. He asked how much of the lots can be developed. Ms. Tracy King, 11 Labarca Lane agreed with all of those who spoke in opposition and added that it is very wet in their back yard and the brook overflows. Mr. David Moyse, a soils scientist, indicated that while he did not do the test pits for this development he did do them originally. Most of the remaining lands in Bangor are either ledge, clay or wetland with not many high and dry areas left. The recent movement is for smaller lots to try to avoid sprawl. Mr. Moyse indicated that as far as runoff goes, grassland is better than trees. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Dave Gould explained that this is a request for a 21-lot cluster subdivision located off of Grandview Avenue. Mr. Gould gave a brief history of the previous subdivision requests for this site. The proposal before the Board is for a 21-lot cluster subdivision. Mr. Gould explained that a cluster development allows for smaller lot sizes but at the same time requires that 30% or more of the area be set aside as permanent open space. The 5 street and lots will be east of the Arctic Brook and the open space will be provided on the west side of the brook. The street is a proposed 1,090 foot City street from Grandview Avenue that will end in a cul-de-sac. All of the lots will have frontage on the street and there will be two shared driveways, one for two lots and one for three of the lots. Mr. Gould noted that given the Board’s desire for upland open space, the stream corridor is left undeveloped and the open space will be preserved upland on the west site of Arctic Brook. The applicant’s Homeowner’s Association will hold two common areas for the two proposed under drained stormwater filtration basins and there will be a Whispering Meadow Subdivision Open Space Association that will have control of the open space. Because of the drainage problems with the abutting subdivision, there is a full drainage easement proposed that runs along all of the abutting lots such that stormwater can be caught to be discharged. The stormwater easement will give rights to the City to be able to go in there and maintain a drainage way. Lot 17 was initially proposed as a house lot but because it is a right-of-way reservation and a reservation once and forever, it has been eliminated from the plan. In response to the question regarding lot coverage, Mr. Gould indicated that in the Low Density Residential District the standards are identical for cluster subdivisions as they are for regular lots within the LDR District with the setback at 25 feet, side yard at 10’ and rear yard at 20’. Staff felt that the Preliminary Subdivision Plan met submittal requirements and would suggest that information regarding maintenance of the stormwater facilities, in the instances where there are shared driveways, would need to be clear for potential homeowners as to what their obligations were. If it is the applicant’s intent to sprinkle those houses, then the final plan should make that intent clear, as well. City Engineer Jim Ring indicated that in his review of the preliminary subdivision plan that the layout and overall design conforms to ordinance requirements. However, at the time of Final Plan submission he would like to see more details on the road design to deal with the existing soils conditions including the use of geotextiles, depth of sub-base and depth of the underdrain system. Chairman Brown indicated that the applicant filed a Stormwater Management Report which is extensive and specifically deals with how the stormwater is going to be managed. The Board discussed stormwater issues and Arctic Brook. Mr. Ring indicated that Arctic Brook encompasses a large area and most of the nonattainment is further down stream. Upstream development could have some impacts but the real technique is to look at projects like this to insure that they meet State stormwater standards. Mr. Rosenblatt asked about the boundaries of the retained land as noted on the plan noting the past practices have been to note that any remaining land would need Planning Board approval prior to any development. He also asked if this is in the floodplain. Mr. Gould indicated that they would need to come back before the Board for approval in order for development on the remaining land. Mr. Gould said that there is no flood plain designated on Arctic Brook. 6 Mr. Rosenblatt noted that the Board needs to apply the City and State standards when it considers subdivision. Because of concerns by area residents regarding the soils, he asked if there is a standard that deals with the ability of soils to support structures. Mr. Gould indicated that this is situation where the soils are not ideal but the Board needs to be comfortable that there methodologies to mitigate these shortcomings. Mr. Becker in response to concerns, explained that the easement is to divert stormwater that flows to Mr. Brooker’s lot away from his lot. Their stormwater design is to divert water away from the new homes and the abutting development to the brook. It is their intent to treat the stormwater from the roadway. The under drain soil filter will treat the water and cool it before it reaches stormwater system. There being no further comments, Chairman Brown asked for a motion. Mr. Damon indicated that because he is involved with another cluster subdivision he would like for the Board to make a determination as to whether or not he should abstain from voting on this item. It was determined by the Board that Mr. Damon does not have a conflict of interest as he does not have a financial interest in this subdivision. Mr. Theeman moved that Mr. Damon has no conflict on the matter before the Board. Mr. Barnes seconded the motion which passed by a vote of 6 to 0. Mr. Barnes moved to approve the Preliminary Subdivision Plan for Woods of Maine, Inc. for a 21-lot cluster subdivision located off of Grandview Avenue in a Low Density Residential District with the condition that a public hearing be held before the Planning Board at the Final Subdivision Plan Stage. Mr. Theeman seconded the motion. Mr. Rosenblatt indicated that there are some aspects of this proposal that cause concern to him but the State and the municipal standards for subdivision approval appear to him to be satisfied by the applicant. He was interested in hearing what the Board Member’s feelings were regarding the issue of open space and the location of open space. He said that he continues to be unenthusiastic as to the location of the open space in this proposed developed. He asked if any one shared those concerns. Chairman Brown indicated that she liked the fact that they have clustered their development in one area and have retained a fairly extensive portion of that land as open space. She indicated that she didn’t necessarily feel that open space has to be useable but in this case it is going to be useable for the wildlife. It is not always an asset for humans to access the open space. She feels that it can be accessed to some extent and noted that the Board gave the applicant feedback. Mr. Theeman said that the proposed open space appears to be upland and appears to be usable. He said that he hoped that the final plan would show some sort of land bridge for accessibility not only to wildlife but to residents of the area. Regarding the proposed open space, he indicated that he is satisfied that the applicant has met the criteria. 7 Mr. Barnes indicated that the applicant has complied with all State and City regulations. While nothing is perfect, he felt that this is a reasonable plan and it should go forward. Mr. Theeman asked that prior to the applicant returning for Final Plan approval that they provide a forum for the contiguous land owners to discuss their on-going concerns to see if any of the issues could be mitigated before that it comes back before the Board. Chairman Brown asked for a vote. The Board voted 7 in favor and 0 opposed. NEW BUSINESS Item No. 3: Final Subdivision Plan re-approval of a 14-lot subdivision located at 1397V Essex Street in a Rural Residence and Agricultural District. Woods of Maine, Inc., applicant. Mr. Don Becker, P.E. with CES, Inc., represented the applicant, Woods of Maine, Inc. who is requesting re-approval of a Final Subdivision Plan for a 14-lot subdivision located at 1379 Essex Street. He explained that because the applicant did not submit the necessary improvement guarantees before the required 120-day deadline, the approval lapsed. This is the same exact application that received approval by the Planning Board and reviewed and approved by the Marsh Mall Commission (and received preliminary subdivision plan approval earlier that evening). Planning Officer Gould indicated that this 14-lot subdivision received Planning Board Approval on May 8, 2008 but lapsed after an improvement guarantee was not provided. Staff recommended that the Planning Board re-approve the Final Subdivision Plan with the conditions that a suitable improvement guarantee be provided to the City within 120 days of approval and that an executed copy of the Homeowners’ Association document that addresses the maintenance of the open space in perpetuity and addresses the stormwater treatment devices be submitted to the satisfaction of the City’s Legal Office. Mr. Gould also noted that the Planning Office sends out notices to abutting property owners with an enclosed post card for the property owner to return. Two postcards had hand written notes expressing concern about traffic and asking that work on this project not start prior to 6 a.m. There being no further comments, Chairman Brown asked for a motion. Mr. Rosenblatt moved approval of the Final Subdivision Plan for Woods of Maine Inc. at 1397 Essex Street on the condition that the applicant submit suitable improvement guarantees within 120 days of approval and that an executed Homeowner’s Association Agreement that addresses the maintenance of open space in perpetuity and addresses the stormwater treatment devices to the satisfaction of the City’s Legal Office be submitted. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor of the motion. 8 APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the July 7, 2009 Meeting were in order. Mr. Barnes moved to approve the Minutes of the July 7, 2009 Meeting. The motion was seconded by Mr. Theeman and it carried by a vote of 7 to 0. There being no further items for discussion, the meeting was adjourned at 8:38 p.m.