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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. 2 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. 3 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 4 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 5 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. 6 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. 7 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 8 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 9 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.