Loading...
HomeMy WebLinkAbout2008-11-04 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 4, 2008 MINUTES Board Members Present: Allie Brown, Chairman Nathaniel Rosenblatt Miles Theeman Douglas Damon Jeffrey Barnes City Staff Present: David Gould Bud Knickerbocker Rod McKay Jim Ring Peter Witham Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a portion of a parcel located behind 440-450 Main Street from Waterfront Development District to Urban Service District. Said portion of a parcel containing approximately .16 acres. City of Bangor, applicant. C.O. # 08-330. Mr. Damon noted that his office is located next to this site and asked if this proximity would create a conflict of interest. Having found no financial interest or other conflicts, Mr. Rosenblatt made a motion that Mr. Damon had no conflict of interest. Mr. Barnes seconded the motion and it passed unanimously. Chairman Brown opened the Public Hearing and asked the applicant to make a brief presentation. Mr. Rod McKay, Director of Community and Economic Development, indicated that a small portion of City waterfront property is being sold to Little Woods Island, LLC. The additional property will allow the construction of a retaining wall along the rear of the property otherwise development would be limited by the depth of the Little Woods Island site. He explained that the proposed rezoning was necessary to facilitate the unified redevelopment of this site. Mr. McKay further noted that the City Council has approved the creation of a development agreement, but has not drafted 2 one as of yet. All various City approvals must be in place before the City will transfer the title of this land to Little Woods Island, LLC. Mr. Rosenblatt expressed concern that the zoning change is not compatible with the Comprehensive Plan in this area and the waterfront development. Mr. Theeman asked about the Main Street connection from the site to the waterfront. Mr. McKay noted that the 30-foot grade difference above the waterfront level would not make it easy to connect and future development in the waterfront property is to provide that. This zoning change is consistent with the Waterfront Master Plan. The future use of this site will have some orientation to the River. Mr. Theeman asked about the role of the Business and Economic Development Committee (BED). Mr. McKay explained the BED Committee will be responsible for a finalized agreement, timeline, review and approval of the plans and they are responsible for the appearance of the building. Mr. Vinal Applebee, P.E., representing Little Woods Island LLC, indicated that they had requested this sloped portion of City property to help facilitate redevelopment of their site in that it is somewhat constricted by its narrow depth. Mr. Applebee noted that the additional space would allow them to better define the sidewalk along Main Street, control access and egress through the reduction in the number of curb cuts on Main Street, reduce the amount of impervious surface, add landscaping throughout the site and allow Little Woods Island to square off a rather oddly shaped parcel. The use will be a Conditional Use requiring a Public Hearing and will be discussed when the project’s application is brought before the Board. Attorney Chris Largay representing Sleeper and Thareja who are owners of the abutting property, indicated that they were in support of the proposed rezoning, as his client wishes to pursue the same arrangement with the City and construct a retaining wall on waterfront property to expand their adjacent site. This would allow the creation of a continuous retaining wall along the rear of both properties. A boundary dispute over paving will be resolved and a three foot difference in elevation will also be resolved. His client is seeking an easement with the City to build the retaining wall on the City’s property. Mr. Theeman asked Mr. McKay why the City is not handling both sites at the same time. Mr. McKay told the Board Little Woods Island, LLC was quicker with their application, but the City is working on the wall with both site owners, which should result in one continuous wall. Planning Officer David Gould indicated the property in question was identified in the Comprehensive Plan as commercial land use but the Zoning Policy was for Waterfront Development District not Urban Service District. Mr. Gould noted that the construction of a retaining wall did not require rezoning, but the proposed drive-in restaurant use was specifically not allowed in the Waterfront District and necessitated rezoning. The use is what drove the rezoning request. The City Council can specify 3 conditions on their approval of the project that could look out for the waterfront development. The Board can only look at Chapter 165-9 and Section 114. Mr. Gould noted that the City’s development agreement may resolve some of the inconsistencies between the City’s development policies for the waterfront and a proposed drive thru restaurant use. Mr. Rosenblatt continued to express concern over consistency with the Comprehensive Plan. The additional 40 feet of road frontage may add to the chances of strip development along Main Street and defeat the intent of the Comprehensive Plan. Mr. Applebee explained the 40 feet helps the design of site flow, buffers, and the retaining wall. Without this additional area, the tightness of the site would be bad for this project. Mr. Theeman asked about access to the waterfront, view from the site and sidewalks. Mr. McKay explained that access will be from Railroad Street and the only portion of the waterfront area being lost will be the sloped area. Connection in other places along Main Street is desirable, but will not occur until development occurs behind these sites. Mr. Barnes moved to recommend the proposed rezoning request from Waterfront Development District to Urban Service District for 440-450 Main Street to the City Council as indicated in C.O. 08-330. Mr. Theeman seconded the motion. While Mr. Rosenblatt and Chairman Brown expressed reservations with this zone change, the Board voted 5 to 0 to recommend the rezoning request. NEW BUSINESS Item No. 2: Site Development Plan approval to construct a 13,266 square foot retail building and associated parking on Haskell Road in a General Commercial and Service District. Jori Brothers Family, LLC, applicant. Mr. Richard Dawes from Jori Brothers explained how their consultation with Bangor Hydro had resulted in necessary changes to the previously approved site plan. Changes are based on the location of Bangor Hydro power lines and required setbacks from power lines. There were no changes to the size of the building and the building is a mirror image of the approved building site plan. Planning Officer Gould noted this is a reconfiguration of the site and Staff has no issues with the plan. Mr. Rosenblatt asked for assurance on the stormwater management plan. Mr. Gould explained to the Board that the applicant had applied for and received a stormwater permit from the State DEP. A revision to the stormwater permit was 4 included with this recent site plan revision and the revisions will accommodate the changes made on the site. City Engineer Jim Ring explained that there were initial concerns about the quantity of stormwater that would leave the site. He noted this site is in an Impaired Watershed and he was also concerned about the quality of stormwater leaving the site. The extensive redesign of the system helped alleviate both of his concerns. Mr. Rosenblatt moved to grant Site Development Plan approval to construct a 13,266 square foot retail building on Haskell Road in a General Commercial and Service District (GC&S), Jori Brothers Family, LLC, applicant. Mr. Theeman seconded the motion carried by a vote of 5 to 0. Item No. 3: Final Subdivision Plan and Site Location of Development Modification approvals of a 14-lot cluster subdivision located off Briarwood Drive (Woodridge Subdivision Phase IV) in a Low Density Residential District. Woods of Maine, applicant. Chairman Brown asked the applicant to make a brief presentation. Mr. Don Becker, P.E. of CES, explained that changes have been made to address the concerns of the City Engineer and the Planning Board. He hoped that the Final Plan application would be approved so the applicant could start construction before winter. Mr. Rosenblatt asked why the Board had not received the most recent plan. He noted the plan shows an 18 foot wide street instead of a 20 foot wide street, that the site plan makes it clear the street is a private street, and the force main sewer is the responsibility of the homeowner’s association. Mr. Becker noted that the City may still have some of the old plans and that the changes are noted on the newest plan. Chairman Brown asked about the snowmobile trail. Mr. Becker noted that snowmobiles use the pipeline trail and will probably continue to use the trail. Mr. Becker said the other trail shown on the site plan does not appear to be used any longer. Chairman Brown asked about the driveways off the hammerhead. Mr. Becker explained the cross easements will allow for a common driveway to serve lots 56 and 57 and is similar to shared driveways used in other areas of Bangor. There is enough room for both lots to have individual driveways if they choose. Planning Officer Gould noted that this application is for Final Plan approval of Woodridge Subdivision Phase IV. He highlighted the addition of open space behind Lot 57 in an upland area, that the grades have been reengineered to a manageable slope, the approval from the Fire Department for the turn-around, the addition of a statement on the private road remaining private; that the private pump station will be the responsibility of the homeowners, and the receipt of a copy of the homeowners association documents. The standard conditions for approval will apply to this 5 subdivision: 1) Approval of the Homeowners Association documents by the City Solicitor; 2) Receipt of any improvement guarantees that are required, and 3) Receipt of all utility easements. He also noted that Site Law Amendment approval should also be included. Chairman Brown stated that she is concerned about private roads because homeowners already have a number of expenses as taxpayers. She expressed concern about how the road and the sewer will be maintained. Mr. Becker allowed that narrow roads offer quieter neighborhoods and slower traffic, which are desirable in the current housing market. Mr. Damon noted that recently in Bangor a national planning consultant advocated for narrow roads in subdivisions. Mr. Rosenblatt moved to grant Final Subdivision Plan approval for the proposed 14-lot residential subdivision with the following conditions: 1) that the applicant receives approval of the Homeowners Association by the City Solicitor; 2) that any required improvement guarantees be received by the City within 120 days, and 3) that the City receives all utility easements within 120 days. Mr. Barnes seconded the motion. Ms. Shawna Oliver of 6 Briarwood Drive indicated that she does not object to the project, but is concerned about the sewer pump station. At the time of closing, she was told $1,000 would be held out from their closing costs to maintain the pump station. To date, there has been no homeowners meeting and she has no idea how the pump station will be maintained. She is concerned about the escrow account and the number of alarms from the pump station this summer. Chairman Brown asked for comments from the City Engineer. Jim Ring responded that the new subdivision will be served by a private pump station and the system is sized to handle the additional capacity needs of the new phase. The original approval made clear the pump station is maintained by the developer and or homeowners association and not the City. Mr. Theeman asked Mr. Mike Woods to address the concerns mentioned by Ms. Oliver. Mike Woods, V. P. of Woods of Maine, noted that the Homeowners Association documents received City approval before development could occur. Woods of Maine went to homeowners and received signatures from 95% of the neighborhood before building the condominium project that connected to the pump station. There has always been a homeowner’s association and there was no requirement for $1,000 from home buyers. Woods of Maine agreed to place up to $20,000 in escrow after build out. Currently, the pump station’s electricity is costing about $89 a month to operate. Mr. Barnes said this information should go out to the homeowners so that incorrect information does not occur. Mr. Theeman agreed and suggested that meetings of the Homeowners Association should be held. 6 Ms. Betsy Shaw of 31 Edgewood Court indicated that $1000 went into the Homeowners Association. She asked who watches over the pump station once the developer moves out of the subdivision and did they sign off on the inclusion of this new subdivision phase. Mr. Theeman suggested that they meet with the developer. City Engineer Ring noted that the City required a Homeowners Association to take care of the pump station. The City will not take on pump stations and will only maintain the gravity system. The additional 14-lots will share in the pump station maintenance with the previous phases of Woodridge subdivision. Two separate pump stations are not needed and the current pumps are adequate to handle the capacity. Mr. Barnes suggested that tonight would be a good time to begin homeowner meetings because the developer, the engineer, and some residents are here. Chairman Brown asked for a vote of the previous motion and the motion passed 5 to 0. Mr. Rosenblatt moved that SLODA modification be granted for Woodridge Subdivision Phase IV, Woods of Maine applicant. Mr. Theeman seconded the motion. The motion passed 5 to 0. Other Business As there was no further business, the meeting was adjourned at 8:15 p.m.