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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. 2 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 3 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. 4 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 5 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.