HomeMy WebLinkAbout2009-09-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF SEPTEMBER 15, 2009
MINUTES
Board Members Present: Allie Brown, Chairman
Jeff Barnes
Paul Bolin, Alternate Member
Doug Damon
John Miller
Nathaniel Rosenblatt
Miles Theeman
City Staff Present: David Gould
James Ring
Peter Witham
Bud Knickerbocker
Lynn Johnson
Chairman Brown opened the meeting at 7:00 p.m. In the absence of Board Member
Sturgeon, Alternate Member Bolin was asked to vote.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Location of Development Modification
approval for filling, grading or dredging activity and stormwater
improvements at 307 Hogan Road in a Stream Protection District
and a General Commercial and Service District. QV Realty Trust,
applicant.
Chairman Brown opened the Public Hearing. Mr. Fred Marshall with Plymouth
Engineering represented the applicant. Mr. Marshall explained that this project is part of an
application for stimulus money under the American Recovery and Reinvestment Act of 2009.
Mr. Marshall explained that this application involves three different stormwater systems that
are proposed to be retro-fitted. He indicated that at the time that this site was developed,
the stormwater system was designed to handle water quantity. Today’s standards also require
the water quality be addressed. This proposal is to improve the stormwater quality and to
treat areas on the site that are not currently being treated.
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No one spoke in opposition. Chairman Brown closed the Public Hearing and asked for
Staff comments. Planning Officer Dave Gould indicated that this is an application for
Conditional Use, Site Development Plan and Site Location of Development Modification
approvals. This item was on the Board’s last agenda but because it involved areas in the
Stream Protection District, the applicant also needed to apply for conditional use approval. Mr.
Gould indicated that the City received delegated authority to review this application from the
State Department of Environmental Protection. Planning Officer Gould discussed the
conditional use criteria and indicated that this activity met the standards of the Land
Development Code. He also discussed Shoreland Zoning as outlined in the Staff
Memorandum. He indicated that the details of this type of system are much like that of a
septic system. Staff had no concerns regarding this proposal and recommended that the
Board grant Conditional Use, Site Development Plan, and Site Location of Development
Modification approvals.
Chairman Brown asked who would be responsible for maintaining this system. City
Engineer Jim Ring indicated that it would be the applicant’s responsibility. Mr. Ring also noted
the recently adopted stormwater regulations which require that annual reports for stormwater
treatment systems be submitted.
Mr. Damon asked what would prevent the owner from dumping snow down the system.
Mr. Ring indicated that it would not change the fact that these are designed to provide
improved treatment regardless of snow removal and there are no drawbacks.
Mr. Rosenblatt moved that the Board grant Conditional Use, Site Development Plan and
Site Location of Development Modification approval for filling, grading or dredging activity and
stormwater improvements at 307 Hogan Road for Q. V. Realty Trust, applicant, with the
condition that the approval is limited to the stormwater improvements depicted and other
elements of this site development should remain as previously approved by the Planning
Board. Mr. Barnes seconded the motion. The Board voted 7 to 0 in favor.
Item No. 2: Conditional Use/Site Location of Development Modification
approval for filling, grading or dredging activity and stormwater
improvements along the Penjajawoc Stream between Bangor
Mall Boulevard and Interstate I-95 in a Stream Protection
District and a Shopping and Personal Service District. Bangor
Mall LLC, applicant.
Chairman Brown opened the Public Hearing. Mr. Aaron Corr with Parish Geomorphic
Ltd. indicated that they have done a geomorphic study of the entire Penjajawoc watershed
prioritizing a number of sites. This plan is to restore a portion of the Penjajawoc Stream from
Bangor Mall Boulevard to Interstate I-95. He explained that presently there are (2) detention
ponds that collect storm water runoff which then sits in those ponds and heats up before it
enters the stream. Also there are sediments which flow and collect in the ponds which are
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also detrimental to habitat. He noted that there is a beaver dam near the Interstate that
they are proposing to remove
No one spoke in opposition. Chairman Brown asked for Staff comments. Planning
Officer Gould indicated that this proposal is to reconfigure part of the Penjajawoc Stream
between Bangor Mall Boulevard and I-95. For several years this area has been studied as to
potential fixes. He noted that this will be funded under the American Recovery and
Reinvestment Act of 2009. A letter was received from the Department of Marine Resources in
which they indicated that this project will not pose an adverse affect upon wildlife or fisheries.
Mr. Gould discussed the conditional use criteria within the Stream Protection District and
indicated that this proposal met the standards for approval.
Mr. Damon asked if they could remove the beaver dam. Mr. Corr indicated that this
area is not a prime habitat for beavers as it does not provide enough food for them. They
won’t be planting the types of materials that beavers like and this will put an end to the short
term use by the beavers.
Mr. Rosenblatt moved to grant Conditional Use, Site Development Plan and Site
Location of Development Modification approvals for filling, grading or dredging activity and
stormwater improvements along the Penjajawoc Stream between Bangor Mall Boulevard and
Interstate I-95 for Bangor Mall LLC, applicant. Mr. Theeman seconded the motion which
carried unanimously.
OLD BUSINESS
Item No. 3: Planned Group Development approval for 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.
Planning Officer Gould explained that at the last meeting, the Board voted four in favor
and three opposed to approve this Planned Group Development (PGD) request with the
condition that City Staff review the changes to the PGD to change from two out-parcels to one
outparcel. It was concluded that it would require five affirmative votes to pass this conditional
approval. The Board then voted to continue review of this item to the next regular meeting.
After the meeting this procedural error was discovered and it was determined that the
applicant had received conditional approval. Because this item was continued by the Board, it
was placed back on the agenda. However, no voting action is required by the Board.
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Item No. 4: 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.
Mr. Fred Marshall with Plymouth Engineering represented the applicant. Mr. Marshall
explained that this is a proposal to retrofit the existing stormwater system. One half of the
flows will be directed toward Bangor Mall and the remaining half directed toward Stillwater
Avenue. They propose to do this by installing 5 Filterra, pre-cast concrete tree bases which
will act the same as an underdrain filter bed.
Mr. Theeman asked how they will be maintained. Mr. Marshall indicated that the
applicant is required to maintain these systems and this will be done by removing debris and
replenishing with mulch in the spring. Mr. Miller asked how large of an area will they treat.
Mr. Marshall indicated that a 6’ x 6’ box will treat approximately .5 acres while larger boxes
can treat up to .8 acres. Mr. Marshall indicated for the record that the applicant has expressed
concern that if the City does not receive the anticipated funding for the installation of these
stormwater quality treatment devices that they not be obligated to install all of them.
Chairman Brown asked for Staff comments. Planning Officer Gould indicated that this
proposal is one of a number of applications being submitted for stimulus monies under the
American Recovery and reinvestment Act of 2009. This proposal is to install five Filterra
systems which consist of a catch basin type system that includes a tree and soil to aid in the
removal of particulates in the stormwater. This particular application was reviewed and
approved as a Minor Site Plan Revision but because it is part of a Site Location of Development
License it is necessary to modify that License. Staff recommended approval as it met the
requirements for SLODA Modification approval.
Mr. Barnes moved to approve the Site Location of Development Modification to install
storm water quality treatment device at 753 Stillwater Avenue. Mr. Theeman seconded the
motion, which carried unanimously.
Item No. 5: Site Location of Development (continued from 9/1/2009)
Modification approval to install storm water quality treatment
devices at 688 Hogan Road in a Shopping and Personal Service
District. Sears Holding Corp., applicant.
Mr. John Kenney with WBRC Architects-Engineers, represented the applicant who is
requesting SLODA Modification approval to make stormwater modifications at 688 Hogan
Road. Mr. Kenney discussed the plans noting that the stormwater from the Maine Square Mall
and the Van Syckle car dealership site flows down Hogan Road into a ditch. The proposed
improvements will handle this stormwater. He indicated that presently there is approximately
1.8 acres of untreated area that flows into the Penjajawoc Stream. With this proposal
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approximately 4 acres will be treated by constructing a new vegetated under drained filter
system on the K-mart site and storm tech chambers placed under the city access drive. In
both of these the stormwater will drain into reconstructed storm drains.
Planning Officer Gould indicated that the K-Mart site received Site Location of
Development Permit in 1970. Because there are changes to the site it is necessary to amend
the Site License even though they were approved as a Minor Site Development Plan by Staff.
The amendment before the Board consists of the installation of new under drain filters to treat
stormwater runoff from existing impervious areas and the existing lawn area. The new filters
will be constructed on the K-mart site. The applicant is also proposing to install storm tech
Subsurface Stormwater Management System chambers under a reconstructed city access.
Mr. Gould indicated that this is another project being undertaken in cooperation with the City
and DEP as part of the American Recovery and Reinvestment Act of 2009. He noted that the
City Engineer did not have concerns with this project and Staff recommended that the
Planning Board grant approval.
Mr. Barnes moved that the Board approve the Site Location of Development
Modification request to install storm water quality treatment devices at 688 Hogan Road in a
Shopping and Personal Service District for Sears Holding Corp, applicant. Mr. Rosenblatt
seconded the motion. The Board voted seven in favor and none opposed.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
There were no Minutes for consideration.
Other Business
Chairman Brown noted that in the past, the Board went on a field trip on a Saturday to
look at projects throughout the City. She asked if there was any interest in doing this. Board
Members were in favor and asked Planning Officer Gould to set up some possible dates and
make arrangement for transportation.
There being no further items for discussion, the meeting was adjourned at 7:50 p.m.