HomeMy WebLinkAbout2008-05-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 20, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Nathaniel Rosenblatt
Jeff Barnes
David Clark
Doug Damon
Laura Mitchell
Miles Theeman
City Staff Present: David Gould
James Ring
Bud Knickerbocker
Peter Witham
Media Present:
Chairman Brown called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt seconded
the motion which carried unanimously. The item approved is as follows:
Item No. 1: Site Development Plan approval to fill and grade property
located at 772 Mt. Hope Avenue in a Low Density
Residential District. Charles Taylor, applicant.
OLD BUSINESS
Item No. 2: Conditional Use and Site Development Plan approvals for
construction of a 3,170 sq. ft. drive-thru restaurant located at
the Broadway Shopping Center in a Shopping and Personal
Service District. Matt T, LLC and Inland Western Bangor LLC,
applicants.
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Chairman Brown indicated that this item had been continued from the Board’s May
6, 2008 Meeting. Mr. Jamey Lowry, Project Engineer and Project Manager, John Austin
with Sebago Technics, Dan Whitney, representing Matt T, LLC and Dan Ritchie
representing Inland Western Bangor, LLC were present. Mr. Lowry addressed the two
outstanding issues from the previous meeting. The first was that of a pedestrian
connection from the shopping center down into the area of the proposed KFC/Taco Bell
and the acquisition of the Traffic Movement Permit. (TMP) Mr. Lowry explained that the
TMP was received from MDOT on May 14, 2008. He explained that the TMP requires that
Inland Western Bangor provide an easement to two parcels that abut the shopping center
properties and has shown two 30 foot easements to allow access from those two parcels
into the shopping center parcel.
Mr. Ed Gould, an attorney with Gross, Minsky & Mogul, represented Cold Stream,
LLC which is the operator of Amato’s. Mr. Ed Gould indicated that they support this
application. They are very interested in the easement. They have not seen any proposals
from Inland Western Bangor regarding the specifics of the easement and if there are any
conditions on that. Mr. Ed Gould asked that any permit be conditioned upon the filing of a
memorandum of agreement with the City indicating that the easement has been granted
or is going to be granted and that there is an agreement between the parties.
No one spoke in favor or in opposition. Chairman Brown closed this portion of the
hearing and asked for Staff comments. Planning Officer David Gould indicated that there
were two issues that the Board asked the applicant to address. As part of their plans the
applicant has provided a provision for a sidewalk through the parking lot to the green
space and then into the restaurant. The other issue was the issuance of the MDOT Traffic
Movement Permit. A lot of that hinged upon the discussion about providing an access
easement to two properties that front on Broadway such that they would have another
outlet into the shopping center so that traffic could come through the signal light if they
desired to do that. At the last meeting there was discussion about a shared easement and
that seemed to have some problems with one of the property owners. Since that time, In-
land Western Bangor and the property owners have reached an agreement that there will
be two separate access easements granted as part of the Maine Department of
Transportation’s Traffic Movement Permit. Mr. David Gould indicated that Staff felt that
this is in the best interest of Broadway and traffic movement that those businesses have
another way to come out at the signalized intersection. The conditions within the TMP
permit talk about these access easements. Staff feels that those details should be left with
MDOT and not be made an issue for the Planning Board. As noted in the original
Memorandum there are some improvements that are to take place within the Broadway
Shopping Center parking lot. Staff feels that these should be in place before the
restaurant facility is open to the public.
Mr. Damon asked who is going to build those openings into the mall. Mr. David
Gould noted that one of them has already received Board approval (Maine Savings Federal
Credit Union). It is up to the property owner to design it, pay for it, and get it approved
before the Planning Board before it can be constructed.
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As there were no further comments, Chairman Brown asked for a motion. Mr.
Rosenblatt moved that the Board grant Conditional Use approval with respect to the
proposed 3,170 sq. ft. drive-thru restaurant located at the Broadway Shopping Center –
Matt T., LLC and Inland Western Bangor, LLC, co-applicants, on two conditions; first that
the proposed restaurant not be open to the public until all of the related shopping center
improvements are in place; and second, that the restaurant not be open to the public until
the mitigation that’s required under the MDOT Traffic Movement Permit has been
completed. Mr. Theeman seconded the motion. The Board voted 7 in favor and 0
opposed. Mr. Rosenblatt moved that the Board grant Site Development Plan approval for
this project on those same conditions. Mr. Theeman seconded the motion. That motion
passed unanimously.
Item No. 3: Preliminary Subdivision Plan approval of a 23-lot cluster
subdivision located on Grandview Avenue and Essex
Street in a Low Density Residential District. TJS Realty,
applicant.
Chairman Brown indicated that this was a continuation of a Public Hearing for
Preliminary Subdivision Plan approval on Grandview Avenue and Essex Street. Mr. Don
Becker, CES, Inc., noting the recent site visit, discussed the comments from that meeting.
Mr. Becker indicated that there was negative public comment about the common driveway
to Lots 21, 22, and 23 and they have a proposal that would eliminate that driveway and
those utilities. He noted that a lot of people felt that they were developing this to the
maximum. The Ordinance allows 57 dwellings on 16.5 acres and they are only proposing
23. If they had gone with the 12,000 sq. ft. lots rather than developing this as a cluster
subdivision they would only need .8 acres of open space and they have proposed over 6
acres. The trees that the neighboring property owner was concern about are not on this
property and they do not plan to disturb them.
Mr. Becker indicated that the client is willing to provide access to Prentiss Woods
and is proposing to add one acre of upland to the open space without changing any of the
other open space. He indicated that the originally submitted hydrology plan was in error
and they will need to submit a revised plan. Mr. Becker indicated that another change
proposed is 20 foot paved roadway that was recommended by the Fire Department.
Chairman Brown opened up the meeting to the audience requesting that only new
information be given. Mr. Al Hunter, 20 Greenfield Avenue, indicated that he appreciated
Mr. Becker’s synopsis of the concerns raised by neighboring residents and thanked the
Board for taking the time to conduct the site visit. He expressed his concern about the
location of the crossing of the wetlands and road layout.
No one else spoke, and Chairman Brown closed the public comment portion of the
meeting. Mr. Theeman asked if the road into Lot 21 in the revised plan is paved, what
percentage of the open space in the revised plan is wetlands, if the utility easement was
part of the open space calculation, and if additional land had been added. Mr. Becker
indicated that it is a paved driveway from the extension of the road that services
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Grandview Avenue, 50% of the open space is wetlands, the utility easement is part of the
open space calculation, and the new open space is almost entirely upland.
Mr. Rosenblatt expressed concerns about soils information, the wetlands
determinations; the impact on the subdivision on pollution (under State Subdivision Law)
and nearby rivers and streams, concern that the subdivision would add impervious surface
to this urban impaired stream, and concern about the contents of the stormwater report.
Chairman Brown indicated that she would like to see a plan that shows the existing
construction and changes in topography. She said that this was a nice site and with some
creative engineering could make a really nice subdivision. There are concerns about the
number of lots, some talk about flooding, and talk about the fact that there is ledge close
to the ground which might exacerbate flooding issues.
Mr. Theeman felt that the utility easement should stand by itself and not be part of
the open space for another project. Mr. Becker explained that the rationale behind this is
the fact that it is a nice travel corridor (the power lines) for both humans and animals and
is the only way to get Prentiss Woods. An example of a more dramatic use under a power
line is a mini mall project in Bangor where parking and maneuvering areas are underneath
the power line. Snowmobilers, hikers, and skiers all use this area under the power lines.
Mr. Theeman indicated that he did not see the equal ratio of wetlands to non
wetlands in the open space for this project. Mr. Becker explained that the wetlands were
delineated by Roger St. Armand who does work for their company who is a certified soil
scientist and an expert in wetlands and soils. He’s received all of the training available and
his delineations have not been questioned by either the Army Corps or the DEP. As far as
the topography, it is typical in Bangor to make use of the City’s topography particularly for
neighboring areas as they do not have permission to do topography on the Darbro
Subdivision. The contours there are predevelopment and the City’s topography predates
the Darbro Subdivision.
Mr. Gould noted the materials forwarded to the Planning Board were provided by
Mr. Hunter regarding soils information. This information is largely SCS Soils mapping with
some different rankings. Mr. Theeman asked that the numerical ranges next to the colors
on the map be explained. Mr. Gould indicated that when Staff gets information from the
public it is distributed but Staff doesn’t attempt to explain it.
Mr. Hunter explained that this mapping came from the soil conservation service and
it gives some idea as to the depth to ledge. If there are shallow soils then all of the water
that strikes that surface has only 10 inches to move down before it hits that restrictive
layer and in this case it is going to Arctic Brook. Mr. Hunter asked where the holes were
dug and at what intervals to adequately discuss the extent and type of hydric soils and
non hydric soils. He felt that there was much confusion about what is really there and
indicated that he would challenge the engineer’s findings.
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Mr. Rosenblatt asked Chairman Brown’s thoughts on soils. Chairman Brown
indicated that she would like to continue the hearing to give the applicant the opportunity
to correct some of the issues that the Board is concerned about. She indicated that she
would like to see more accurate topography, accurate soils depicted, and a corrected
stormwater report. Chairman Brown was also concerned about the many changes to the
newly submitted plan from that originally submitted.
Mr. Barnes felt that there were too many houses proposed in this development and
asked that the applicant reduce this by 30% or so because of the soils in this area. Mr.
Theeman indicated that he would like to see the open space shown as wetlands and non-
wetlands
Mr. Rosenblatt asked about the sight distance on Grandview Ave and expressed
concern about the impervious surface from this development on the Arctic Brook
watershed. Mr. Becker indicated that the sight distances have not been measured.
City Engineer Jim Ring indicated that the Stormwater Regulations have provisions
for development in impaired watersheds. Those provisions create higher standards which
have to be met.
Mr. Theeman indicated that he would be comfortable tabling this item one more
time until the Board receives a clearer preliminary plan as he felt that this would give him
a higher level of comfort. Mr. Clark was concerned that the soils delineation be right. He
did not want someone to come back and say that ten years ago you had the chance to do
this right and now this is the worst neighborhood in the City because it is underwater a
couple of months a year. Mr. Clark said that he would prefer to go ahead with the
preliminary plan to speed the process along provided that the applicant would be willing to
address the Board concerns. Ms. Mitchell indicated that she was not comfortable voting
on this.
As there was no further discussion, Mr. Theeman moved that the Board continue
consideration of this Preliminary Subdivision Plan for Grandview Avenue and Greenfield
Avenue for a 23 lot residential subdivision for TJS Realty, LLC, applicant. Mr. Rosenblatt
seconded the motion. The Board voted four in favor and three opposed to the motion.
Item No. 4: Final Subdivision Plan approval of a 14-lot cluster subdivision
located at 1397V Essex Street in a Rural Residence and
Agricultural District and a Resource Protection District.
Woods of Maine, Inc., applicant.
Chairman Brown indicated that this item was continued from the Board’s last
meeting. Mr. Don Becker, CES, Inc., representing the applicant, explained that they have
been before the Marsh Mall Commission several times, originally with a 22 lot subdivision
which has subsequently been reduced to 14 lots. He indicated that the Final Subdivision
Plan was now in order for approval.
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Mr. Theeman had questions regarding the maintenance of the septic system and
whether it was covered under the Homeowner’s Association Agreement for lots 9, 11 and
12. Mr. Gould indicated that the design of this subdivision was such that each individual
lot owner is responsible for his own individual septic system. There is no common septic
system so there is no reason for the homeowner’s association to deal with septic systems
other than there are some provisions that allow access for side slopes for creation of some
of the drain fields. Mr. Becker indicated that there is a common septic disposal area but
they have separate systems that are built and maintained and operated separately. They
are close enough together so that they are a common area. The Board discussed the note
on the plan for trail access (Note 6). Planning Officer Gould indicated that Note 6 relative
to access for trails was requested by the Legal Office.
Chairman Brown asked for Staff comments. Mr. Gould indicated that all of the
submittal requirements have been met except for the posting of improvement guarantees
and submittal of a copy of an executed copy of the Homeowner’s Association Agreement.
He noted that the Legal Office was working with the applicant on this agreement.
Mr. Barnes moved that the Board grant approval of the Final Subdivision Plan
1397V Essex Street for Woods of Maine, Inc., applicant, conditioned upon the submission
of a suitable improvement guarantee within 120 days of approval and an executed
Homeowner’s Association document. Mr. Rosenblatt seconded the motion which passed
unanimously.
APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
There were no Minutes for consideration.
There being no further items for discussion, the meeting was adjourned at 8:25
p.m.