HomeMy WebLinkAbout2008-06-03 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 3, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Nathaniel Rosenblatt
David Clark
Jeff Barnes
Laura Mitchell
Doug Damon
City Staff Present: David Gould
James Ring
Peter Witham
Bud Knickerbocker
News Media Present: Bangor Daily News
Chairman Brown called the meeting to order at 7:00 p.m.
OLD BUSINESS
Item No. 1: 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 the applicant asked for this item to be continued
because they were not able to submit changes for review. For those in attendance
regarding this item, Chairman Brown indicated that the abutting property owners would be
notified of the date when this will be heard before the Planning Board. Mr. Rosenblatt
moved that the Board continue the Public Hearing to the next meeting following the
receipt of the additional materials and with the understanding that prior to the meeting
that notices will be mailed to the abutting property owners informing them of the meeting.
Mr. Damon seconded the motion. The motion carried by a vote of 5 to 0. Chairman
Brown noted for the benefit of the audience that the Board would not be holding a
meeting the first week in July.
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NEW BUSINESS
Item No. 2: Site Development Plan approval for construction of Bass Park
horse stables, a paddock, and other accessory structures on
Buck Street in a Park & Open Space District and an Urban
Residence One District. Bangor Historic Track Inc. and City of
Bangor, co-applicants.
Chairman Brown indicated that a Member of the Board had a conflict of interest and
because only four Members were present, that there weren’t enough Members for a
quorum. This item was moved to the end of the meeting to allow time to contact a fifth
Member to be present.
Item No. 3: Site Development Plan approval for construction of new
parking areas, service drives, and other accessory structures
at 354 Hogan Road in a Government & Institutional Service
District. Eastern Maine Community College, applicant.
Chairman Brown asked for a presentation by the applicant. Mr. Ray Bolduc, WBRC
Architects-Engineers, representing the applicant, explained that this is a request for Site
Development Plan approval for two different parking lots, reconfiguring of an entrance
drive, service drives, and accessory structures. There have been a number of different
site plan modifications within this site such as renovations to Katahdin Hall, construction of
a detention pond and treatment, and to add a residence hall. Mr. Bolduc discussed the
elements of the Site Development Plan indicating that as proposed it met all of the
requirements of the Land Development Code.
Mr. Bolduc indicated that these improvements are part of the College’s Master Plan
for its campus. He noted that the College also has a SLODA permit from the Department
of Environmental Protection (DEP) for the entire build out. He discussed the proposed
lighting indicating that they will not exceed the 25 foot height requirement and will have
full cutoffs. The stormwater runoff for the entire site will drain into the detention pond
that was constructed two years ago and when permitted was done so for the entire build
out and this will be a portion of the build out that goes into the pond. There was some
modification that needed to be done to the pond that provided for an underdrain system
around the pond to provide thermal protection and cooling of the runoff before it enters
the stream. The college also wanted to construct additional treatment areas that provide
additional treatment of the runoff.
Mr. Rosenblatt asked if the current run off from the parking areas was going into
the treatment pond. Mr. Bolduc indicated that currently the existing parking isn’t being
treated. The stormwater runoff is being connected into the pond by constructing a new
stormwater system and the runoff in the new parking lots will all be going into the new
system. Mr. Bolduc explained that EMCC wanted to provide some additional Best
Management Practices by adding soil filters to treat the runoff that wasn’t being treated.
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They are adding the additional soil filter to provide for the treatment of the new
impervious area.
Chairman Brown asked about wetland mitigation. Mr. Bolduc indicated that they
have applied for and received approval for an Army Corps of Engineers Permit and they
have received approval for the wetland impacts shown on the plan.
Planning Officer Gould indicated that this a straight forward plan even though it is a
large site. EMCC is requesting Site Development Plan approval to construct some new
parking areas. The applicant has done this project in phases over the last 3 or 4 years.
By doing it this way, the development standards have change for impaired watersheds,
the City’s parking lot and lighting standards have changed, and the City now has a
standard for adding green space in parking lots. Because they continue to develop, they
are required to update to the new standards. Staff feels that this is going to make a very
attractive location for the campus with those improvements. Planning Officer Gould
indicated that this is a project that the City does not have delegated review authority for
Site Location of Development (SLODA). The applicant obtained their SLODA approval
directly from the Department of Environmental Protection. Planning Officer Gould
indicated that Staff feels that all of the elements of the plan meet the requirements of the
Land Development Code and recommended approval.
City Engineer Jim Ring indicated that the original pond was sized to anticipate the
full build out. What this project brings forward is an enhancement of the capture and in
essence it is an improvement in the discharge characteristics from this large development
than what exists today.
There being no further comments, Chairman Brown asked for a motion. Mr.
Rosenblatt moved that the Board grant Site Development Plan approval for the proposed
construction at 354 Hogan Road, Eastern Maine Community College, applicant. Ms.
Mitchell seconded the motion. The Board voted five in favor and none opposed.
Item No. 4: Site Development Plan approval for construction of a new
outdoor display area at 1281 Hammond Street in a General
Commercial and Service District. TBA Inc., applicant.
Mr. Fred Marshall, Plymouth Engineering, represented the applicant. Mr. Marshall
indicated that this request is for a 15,800 sq. ft. expansion for outdoor display area for the
purposes of displaying trailers. They would have preferred to do a gravel or reinforced
turf outdoor display area but the Ordinance requires it to be paved. The applicant
proposes to gravel it first with a sub base and within the two year limitation of the site
plan approval it will be paved. There is a B buffer along Hammond Street and they have
added some vegetation on the eastern boundary because there is some existing
vegetation. This site is just inside the urban impaired area of Shaw Brook. According to
the Department of Environmental Protection’s flow chart because this project is not
disturbing more than one acre or have greater than 20,000 sq. ft. of impervious area, it
does not fall within the purview of the stormwater law. Therefore, they do not need a
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permit from DEP. Approximately 60 % of the stormwater flow from this site will flow
towards Hammond Street and the remaining 40% will go towards the wetland channel
that goes down and onto Epstein’s property to the east and then ultimately discharges to
a pipe that goes under Hammond Street and goes along by Glidden Auto Body. There is
no proposed change in lighting or signage.
Mr. Rosenblatt referred to a letter from the abutting property owner (Epstein
Properties) indicating that there have been some changes to this site that are not reflected
on the current site plan. Mr. Marshall indicated that the only difference was that some of
the scrubby wood was cut down and the grass was mowed. He indicated that he talked
with Epstein Properties that afternoon and they feel that additional grading was done. Mr.
Marshall pointed out that the original site plan did have some grading beyond where the
paved area is and the site appears to be the way it was originally approved. He felt that
the difference is that a lot of the tall grass and some of the poplars?? were cut down and
it is reflected in the site plan as it is now under the existing conditions. Mr. Marshall
indicated that yesterday they submitted calculations on the stormwater and ran three
scenarios, what was originally approved; what the change in the cover effectively is now;
and what will be the proposed. They ran the stormwater model and it shows a slight
increase in the developed conditions. Mr. Marshall noted that there have been some
upstream changes that have occurred to the watershed from two abutting properties that
have expanded fill. He indicated that he spoke with Epstein Properties that this might be
a result from activity on those other properties and not this site.
Mr. Rosenblatt noted that in 2002 a gravel strip at the edge of the pavement was
proposed in connection with dealing with the stormwater. He said that he did not see that
strip depicted on the existing site and asked if it was ever installed. Mr. Marshall indicated
that wasn’t. In viewing the site since it has been developed in the past 5-6 years it does
not appear any erosion is occurring at the edge of the parking lot. Mr. Marshall indicated
that if the Board felt that this was a critical thing they could ask the applicant to install it.
Mr. Al Balanger, owner of TBA, explained that the gravel strip was three feet past the
pavement which abuts a grassed area which has now grown and filled in where the gravel
was proposed. Any trees that have been removed were on the back half of the property
and nothing on this 15,000 sq. ft. area has been removed.
Chairman Brown asked if there was a letter from the Department of Environmental
Protection (DEP) indicating that they did not need to apply for a DEP permit. Mr. Marshall
indicated that they did not have a letter but had referred to DEP’s flow chart which
indicated that none was required. Planning Officer Gould indicated that different people
have different interpretations of what the rules say. Staff was hoping that there would be
a definitive answer from DEP who is the entity that enforces the rule.
Ms. Mitchell said that in light of the abutter’s concerns and the lack of data that has
been provided for the DEP’s definitive stance on this she was not ready to vote.
Chairman Brown asked for Staff comments. Planning Officer Gould indicated that
this application is for Site Development Plan approval to build a 15,800 sq. ft. outdoor
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display area. As was noted in July 2002, this was approved as a retail auto service facility
(to sell and install certain automotive parts and accessories) which was a conditional use
in that district. The plan proposes to create an area for outdoor display and storage. An
outdoor display area requires a B buffer along the street. In 2002 when the original plan
was approved there were a number of areas on the plan where there was significant tree
growth. As that type of buffer gets thinner and thinner trees are highly susceptible to
getting blown down or falling down such that there is the potential that the buffer may all
go away. Mr. Gould explained that the requirements are such that an effort is made to
try and fortify those deciduous trees with some additional evergreens such that our buffer
requires a mixture of plant types. When we take a thin buffer of smaller trees they don’t
provide as much buffering as we would like so we asked them to augment that with
additional evergreen trees and that’s what the revised plan anticipates. In 2002 the
project didn’t require State DEP stormwater review. The City Engineer’s office said we
ought to take a look at that. They did and they were comfortable with it. When this came
back again and added some more, the City Engineer felt that there should be some
verification of what is happening on this site relative to stormwater impact even though
only a small amount is being added. Planning Officer Gould indicated that Staff wants to
be comfortable in advising the Board that this is not going to create a problem off-site or
downstream. The City received some additional stormwater information yesterday so that
the City Engineer could look at what the impact of this additional storage area would be in
terms of off-site stormwater. Mr. Gould indicated that Staff is comfortable with the details
of the buffer and if the Board is uncomfortable without a definitive answer from DEP, this
could be made as a condition of approval.
William Dean, who lives at 40 March Street (which is right behind Bass Park) told
the Board that Sunday was a rainy day and it created water in his basement. He said
that the City’s Engineering (Department) was not on top of dealing with this problem. He
added that the catch basin is as high as his lawn. He expressed his concern that the
Board was overlooking somebody’s concern with drain water when that is possibly
happening on March Street. He suggested that the Board hold off on this item until they
got something from the State.
Mr. Rosenblatt asked what was different on the ground from what was approved.
Mr. Gould indicated that he had visited the site and it looked like it was laid out as it was
approved.
Chairman Brown asked the City Engineer to comment on the drainage. Mr. Jim
Ring indicated that Mr. Marshall submitted detailed stormwater calculations which he has
reviewed. When comparing the existing to the proposed discharge for the two year storm
it is less an a 1% increase. Mr. Ring indicated that it did not appear to have an impact
upon the watershed. However, there was a question about whether a stormwater permit
would be required or not and he felt that there should be some verification of what is
happening on this site relative to stormwater impact even though only a small amount is
being added.
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Mr. Rosenblatt said that he didn’t feel that items for Board, public and staff review
should be submitted the day prior to a meeting. He indicated that he was not comfortable
proceeding with this and would be happy to move to continue this item so that everyone
will have an opportunity to review the information that has been submitted.
Mr. Marshall indicated that they were notified of this issue on Friday when they
received a copy of the Staff Memorandum. They did not think that this was an issue. The
letter from Epstein Properties alleges that there is an increase in stormwater which is
resulting in an increase in wetlands and he felt that there are many other things going on
in that watershed. Chairman Brown indicated that the Board wants to make sure that
what they approve it is in fact right and also wants to look out for the applicant’s interest
as well.
Mr. Rosenblatt moved that the Board postpone consideration of this application
until the Board’s next meeting to allow time to review the additional submissions. Ms.
Mitchell seconded the motion. The motion carried by a vote of four in favor and two
opposed.
Item No. 5: Site Development Plan approval for construction of a 350
square foot elevator addition at 55 Broadway in an Urban
Service District. Paradigm Properties, LLC, applicant.
Chairman Brown asked for a presentation by the applicant. Mr. John McCormack,
CES, Inc., representing the applicant, explained that this building is located at 55
Broadway (diagonally across from John Bapst High School). The applicant is requesting a
minor Site Development Plan review for a small elevator addition on the back of the
building in order to make it accessible for handicap use. They plan no other changes to
the site.
Planning Officer Gould indicated that this Site Development Plan for a 350 sq. ft.
addition to the existing building for an elevator to service the second floor. This likely
would have been a consent agenda item except that it is a very old site with some unusual
elements to it that made staff uncomfortable putting it on the consent agenda. This is a
preexisting nonconforming situation so it is legal to continue the use. Mr. Gould indicated
that a 350 sq. ft. addition in the middle of the property on top of existing impervious area
would not create any problems. As it met the requirements of the Land Development
Code Staff recommended approval.
Mr. Rosenblatt asked if they would be expanding a nonconforming use. Mr. Gould
indicated that because the addition is only for a 350 sq. ft. elevator they meet the
standards of the Land Development Code.
Ms. Jean Deighan, a resident on Penobscot Street, indicated that this is a very
dense area and she was hoping that they were not increasing the density of use. She also
asked what the building was used for. Mr. McCormack indicated that it is used for general
business use.
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Chairman Brown asked for a motion. Mr. Rosenblatt moved that the Board grant
Site Development Plan approval for construction of a 350 sq. ft. elevator addition at 55
Broadway, Paradigm Properties, LLC, applicant. Ms. Mitchell seconded the motion which
carried by a vote of 6 to 0.
Item No. 2: Site Development Plan approval for construction of Bass Park
horse stables, a paddock, and other accessory structures on
Buck Street in a Park & Open Space District and an Urban
Residence One District. Bangor Historic Track Inc. and City of
Bangor, co-applicants.
Chairman Brown indicated that this item was moved to the end of the meeting to
allow for a fifth Member to be present. Mr. Rosenblatt excused himself from
consideration because of a conflict of interest as Bangor Historic Track is a client of his
office. Ms. Mitchell moved to excuse Mr. Rosenblatt. Mr. Clark seconded the motion
which carried 4 to 0.
Chairman Brown asked for a presentation by the applicant or their representative.
Mr. Ray Bolduc, WBRC, Architects-Engineers, represented the applicants. This application
is for Site Development Plan approval for the construction of two horse barns and a
paddock, a maintenance garage and a shed within the Bass Park Property. The
development will be done in 3 phases but completed within the two year timeframe. The
first phase will consist of demolition of a number of buildings, barns and the paddock and
then they will be constructing the new paddock and circulation areas for pedestrians,
horses and parking.
Mr. Bolduc discussed the elements of the Site Development Plan specifically lighting
and parking, and indicated that all elements met the requirements of the Land
Development Code. The applicant has also received Site Location of Development Act
Modification approval for this project. Mr. Bolduc indicated that the City Engineer had
concerns regarding the internal piping for the floor drains and the lack of traps. He said
that will be provided internally within the paddock itself and the barns. He indicated that
there was a discrepancy on the depths of the catch basins. All the catch basins have a
minimum of 2 foot sump and some of them might have 3 depending upon the snouts for
the quality treatment within the area. Mr. Bolduc indicated that they have submitted a
utility plan to the Engineering Department as noted as a condition of approval in the Staff
Memorandum.
Mr. Clark asked what their proposed timeline is. Mr. Bolduc indicated that they are
proposing to demolish 5 structures in June, construct the paddock in August, demolish the
other barns in November and complete any outstanding issues next spring. Mr. Bolduc
indicated that the upgraded amenities will be a great improvement for the horsemen.
Chairman Brown asked the City Engineer to comment on the engineering questions.
Mr. Jim Ring indicated there was an inconsistency on the actual plan views of the catch
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basins. The City‘s standard requirement is a 2 foot minimum. It wasn’t entirely clear on
the floor drains in some of the buildings they were to be piped to the sanitary sewer and
he did not see a notation on the plan that there would be a trap. These issues have been
addressed.
Chairman Brown opened up the discussion to members of the audience. Ms. Mary
Ann Combs of 36 Bond Street, which is directly behind the barns, indicated that she was
concerned about the car lights that shine into their windows every night that they have
racing. She asked about the proposed buffer.
Mr. William Dean, a March Street resident, said that the road was not put back onto
March Street the way it was before.
Mr. Bolduc explained that the buffer that is proposed along the property line is a
“C” buffer and the plantings will be on the Bass Park side of the property. A “C” buffer
consists of evergreen trees, shrubs, deciduous. He noted that with the OTB facility being
located at the grandstand most people will probably use the Dutton Street entrance.
However, there will be some people coming off the interstate and coming down Buck
Street and utilizing that drive.
Ms. Mitchell asked if they could shut that entrance off by 9:00 p.m. when they are
not racing. Mr. Bolduc indicated that there may be an issue to provide emergency access
for emergency vehicles and he was not sure if they could actually close that entrance off
but that they could certainly review this with the City.
Mr. Damon asked if they could put in an eight foot fence to deflect headlights from
the neighbors. Mr. Bolduc indicated that this is certainly something that they could
review. However, because the grade in that area drops off very fast he was not sure that
a fence would help.
Planning Officer Gould indicated that this is a request for Site Development Plan
approval from Bangor Historic Track and the City of Bangor to construct various barns at
Bass Park. The majority of the work is going to take place where the existing barns are
today. None of the barns will be any closer to Buck Street than they presently are. Most
of Bass Park lies within a Park and Open Space District and has been there for a number
of decades. The driveway in from Buck Street actually lies in a URD-1 District. The
boundary is on the in-town side of that roadway. None of the new facilities can be built
within the URD-1 zoning so none of the construction will be closer to the properties on
Bond Street. Because this is a commercial entity next to a residential district it requires a
“C” buffer which is a significant planting plan. The evergreen trees have to be a minimum
of four feet tall when they are planted. From that roadway down to the adjacent
properties is quite a drop off in elevation so those properties are somewhat lower.
Relative to the phasing plan, the phasing plan was intent of the applicant, not the City,
and staff spent a great amount of time trying to figure out how to get on paper the details
of the phasing plan. The Land Development Code doesn’t provide for phasing
developments. The City’s Code Enforcement Office is going to have to be comfortable
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that they have done enough improvements to let them occupy some part of this
development. Normally, the standards call for a project to be totally built out before the
site is occupied. The applicant is interested in occupying it piecemeal. Mr. Gould
indicated that he did not think that this was an issue for the Board as they were being
asked to approve the entire project.
Regarding the stormwater pond, it was constructed when the main racino facility
was constructed. The applicant has done a master plan of the stormwater (such as the
one done by Eastern Maine Community College) where they designed the pond with
anticipation of future development. This is a wetpond located next to I-395 which was
built as part of the main complex because it dealt with some stormwater that would come
down and offset the impervious on Main Street. It also picks up this part of Bass Park. All
of this project (which is located on both sides of Main Street) is included in the Site
Location of Development Permit. This project has already received SLODA approval from
DEP and the applicant is requesting Site Development Plan Approval.
Planning Officer Gould indicated that at the time the Staff Memorandum was
written Staff had concerns about inconsistencies between the detail design and what was
actually shown on the plan and had concerns with details of the wall mounted lighting.
Revised plans were submitted addressing those concerns and Staff recommended
approval.
Ms. Mitchell moved that the Board grant Site Development Plan approval at Bass
Park and Buck Street for Bangor Historic Track and City of Bangor, applicants. Mr. Clark
seconded the motion. The Board voted 5 to 0 in favor.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Chairman Brown indicated that the Minutes of the April 1, 2008 Meeting were in
order for approval. Ms. Mitchell moved and Mr. Rosenblatt seconded the motion to
approve the Minutes of the April 1, 2008 meeting. The motion passed by a vote of 6 to 0.
There being no further items for discussion, the meeting was adjourned at 8:30
p.m.