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
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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
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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
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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
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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.
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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.