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HomeMy WebLinkAbout2009-09-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 1, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Nathaniel Rosenblatt Andrew Sturgeon Miles Theeman City Staff Present: David Gould James Ring Paul Nicklas Art Morgan Peter Witham Bud Knickerbocker Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. She introduced newly appointed Alternate Member Paul Bolin and welcomed him to the Board. NEW BUSINESS Item No. 1: Site Development Plan Revision and Planned Group Development approvals to construct a 121,115 sq. ft. Lowe’s building and a 35,175 sq. ft. retail building located at 70 Springer Drive in a Shopping and Personal Service District and a General Commercial and Service District. P.S. Bangor, LLC, applicant. Mr. Paul Cincotta, with Packard Development, representing P.S. Bangor, LLC, explained that this is the site of the former Wal-Mart. The applicant plans to acquire the site in October (2009), demolish the building, and construct a new building. The previously approved site development plan included a new Lowe’s building plus two smaller retail buildings (6,000 sq. ft. each). Last spring, the applicant came before the City requesting Minor Site Development Plan Revision approval to reduce the size of the approved Lowe’s building to 121,115 sq. ft. 2 They are now asking for approval to reconfigure the site to eliminate the two 6,000 sq. ft. buildings and replace them with a 35,174 sq. ft. retail building. Originally, the two buildings were proposed as restaurants. Because there has been no interest in marketing these as restaurant buildings, the applicant now wishes to construct one larger building for retail use. Mr. Cincotta indicated that the applicant has applied to the Maine Department of Transportation to revise their Traffic Movement Permit, to the Maine Department of Environmental Protection to modify their Site Location of Development License, and has also submitted an NRPA application. Regarding traffic, the retail building will reduce the number of proposed trips approximately 90 to 100 trips. Mr. Cincotta also discussed their request for a Planned Group Development. He indicated that this will provide them more flexibility in offering a prospective tenant either a ground lease or the opportunity for ownership. Mr. James Lowrey, P.E. with Sebago Technics explained the elements of the site development plan including utilities, site construction, and landscaping. He indicated that the revised plan provides for a slight reduction in impervious area, and they have shifted the entrance to the site 80 feet up Springer Drive from the existing entrance. Mr. Lowrey indicated that Gorrill Palmer, Traffic Engineers have reviewed the new entrance and have indicated that the sight distances are adequate. They have added a detention pond on Springer Drive (just above the new entrance), the lighting proposed is consistent with the previous approval, and the water quality and quantity standards meet State requirements. Mr. Rosenblatt asked if the redesign of the proposed wetpond was an improvement over what is presently there. Mr. Lowrey explained that the new wet pond has been redesigned and has an under drain system to cool down the water before it enters the stream. Mr. Theeman asked if they considered sub surface stormwater controls. Mr. Lowrey explained that there are subsurface limits of what can be done from a water quality standpoint because of the topography. Mr. Sturgeon had questions regarding the size of the impervious area, if the applicant had received their Traffic Movement Permit, and if they had considered other options for location of the entrances to the retail building such as imposing a right-turn only. Mr. Lowrey responded that the impervious area was only slightly less than originally proposed, they had not received a TMP but the proposed retail building would reduce the number of peak hour trips, and he did not know how a right-turn only out of the retail site would benefit the site. Chairman Brown asked if traffic from development along Springer Drive was included in the traffic calculations. Mr. Cincotta noted that traffic from this site, as well as, the other anticipated uses were included. Planning Officer Gould indicated that the applicant is applying for site development plan revision approval to construct a 121,115 sq. ft. Lowe’s building and a 35,175 sq. ft. retail building located at 70 Springer Drive in a Shopping and Personal Service District and a General Commercial and Service District. The proposed revision is pending before MDEP for SLODA 3 Modification He indicated that Staff found that the revised plan is consistent with the standards for Site Development Plan approval. However, he noted that the Planned Group Development documents have not been finalized and that it was the Board’s decision as to whether or not they wanted to see detailed information or if the final document review could be delegated to Staff. Mr. Gould also indicated that there were conditions placed upon the original approval. Those included that the project not be opened to the public until the off-site traffic improvements are in place (which includes the widening of Springer Drive); that the conditions contained in the TMP are satisfied; and that an executed PGD Agreement be submitted. Mr. Gould noted that the present plan includes the by-pass lane along Springer Drive. Mr. Ring indicated that the applicant’s approach in handling storm water from this site is reasonable especially due to its topography and the new entrance does not have any sight distance issues and in fact may be better. Mr. Gould indicated that the PGD document provided by the applicant in support of this application describes the previous site. Mr. Cincotta indicated that the PGD Document would be configured to the current approval and they were hoping for conditional approval from the Board. He indicated that they would be happy to bring this back in front of the Board. Mr. Rosenblatt moved that the Board grant approval of the Site Development Plan for P.S. Bangor, LLC to construct a 121,115 sq. ft. Lowe’s building and a 35,175 sq. ft. retail building located at 70 Springer Drive in a Shopping and Personal Service District and a General Commercial and Service District. On the condition that the project not be opened to the public until all of the traffic improvement and conditions of the MDOT Traffic Movement Permit are met. Mr. Theeman seconded the motion which carried by a vote of 7 to 0. Mr. Rosenblatt then moved to approve the request for a Planned Group Development for P.S. Bangor LLC at 70 Springer Drive with the condition that a suitable executed Planned Group Development document be provided to and approved by the Planning Office and the Legal Department Staff. Mr. Theeman seconded the motion. The Board voted four in favor and three opposed. Chairman Brown indicated that the motion was defeated. Mr. Rosenblatt moved to continue consideration of the Planned Group Development to the Board’s next meeting. Mr. Theeman seconded the motion. The Board voted 7 to 0 in favor. Item No. 2: Site Location of Development Modification approval to install storm water quality treatment devices at 753 Stillwater Avenue in a General Commercial and Service District. Cabrel Company, applicant. Chairman Brown indicated that the applicant requested that this item be continued to the Board’s next meeting. Mr. Rosenblatt moved to continue this item to the Board’s next meeting. Mr. Barnes seconded the motion. The motion carried unanimously. 4 Item No. 3: Site Location of Development Modification approval to install storm water quality treatment devices at 307 Hogan Road in a General Commercial and Service District. QV Realty Trust, applicant. Chairman Brown indicated that the applicant requested that this item be continued to the Board’s next meeting. Mr. Rosenblatt moved to continue this item to the Board’s next meeting. Mr. Barnes seconded the motion. The motion carried unanimously. Item No. 4: Site Location of Development Modification approval to install storm water quality treatment devices at 688 Hogan Road in a Shopping and Personal Service District. K Mart Corp., applicant. Chairman Brown indicated that the applicant requested that this item be continued to the Board’s next meeting. Mr. Rosenblatt moved to continue this item to the Board’s next meeting. Mr. Theeman seconded the motion. The motion carried by a vote of 7 to 0. Item No. 5: Site Location of Development Modification approval to install storm water quality treatment devices off Bangor Mall Boulevard in a Shopping and Personal Service District. Bangor Mall LLC, applicant. Mr. Tim Woodcock, Esq. with Eaton Peabody, represented the applicant. Mr. James Gerety, Manager of the Bangor Mall and Mr. John Kenney, P.E. with WBRC Architects were also present in support of this application. Mr. Woodcock indicated that this application is to install stormwater quality treatment devices off of Bangor Mall Boulevard to direct groundwater to the Penjajawoc Stream. This change would be beneficial to the aquatic life and increased flows directly to the stream. Mr. Sturgeon asked about the process. Jim Ring, city Engineer indicated that this is a simple process. The Bangor Mall has an under drain system under the parking lots where ground water goes into the detention pond which heats up before it goes into the stream. These improvements will now intercept groundwater and pipe it directly to the stream. This is a project which the City supports. This project is part of an application for stimulus money under the American Recovery and Reinvestment Act of 2009. Mr. Gould explained that this is a “by-pass” which draws the storm water from the Mall foundation drains and redirects it from the detention pond directly into the Penjajawoc Stream. Bangor Mall is part of a large Site Location of Development Permit. The Site Development Plan for this project is eligible for in-house approval but because of the Site License it is necessary to receive Planning Board approve of the modification. Mr. Barnes moved that the Board approve the Site Location of Development Modification to install stormwater quality treatment devices off Bangor Mall Boulevard for Bangor Mall LLC, Mr. Theeman seconded the motion which carried by a vote of 7 to 0. 5 APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes – August 18, 2009 Meeting Mr. Theeman moved to approve the Minutes of the August 18, 2009 Planning Board Meeting. Mr. Barnes seconded the motion which carried unanimously. Other Business Planning Officer Gould noted that at the next meeting of the Special Committee on Comprehensive Planning that there would be a presentation made of a final report done by the Trust for Public Land regarding regional open space. The City has been working with the Trust and other area communities to develop a regional open space plan. Mr. Gould informed the Board Members that they were invited to attend the Special Committee on Comprehensive th Planning Meeting scheduled for Tuesday September 8at 7:00 p.m. Mr. Gould noted that Staff would be forwarding a link to preview this report prior to the meeting. The meeting was adjourned at 8:10 p.m.