HomeMy WebLinkAbout2008-03-18 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MARCH 18, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Miles Theeman
Nat Rosenblatt
Doug Damon
Laura Mitchell
City Staff Present: David Gould
Bud Knickerbocker
Peter Witham
Jim Ring
News Media Present: Bangor Daily News
PUBLIC HEARINGS
Item No. 1: Conditional Use and Site Development Plan approvals to
renovate the existing building for use as a research
laboratory at 246 Sylvan Road in a General Commercial &
Service District. Eastern Maine Healthcare Systems,
applicant.
Mr. Theeman noted that he was affiliated with this applicant and requested to be
recused from voting. Mr. Rosenblatt moved that Mr. Theeman be recused from voting
due to a conflict. Ms. Mitchell seconded the motion which passed unanimously.
Chairman Brown noted that without Mr. Theeman voting the Board would only
have five members voting and would lack a quorum. Chairman Brown moved the item
to the end of the Agenda and asked Staff to check with the absent Board Members.
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Item No. 2: Preliminary Subdivision Plan approval for a 6-lot residential
subdivision at 1528V Ohio Street in a Low Density
Residential District. Woods of Maine, Inc., applicant.
Chairman Brown opened the Public Hearing and advised the applicant that
because they would they will need four affirmative votes of the five people sitting, they
could postpone this item until such time as a full Board were present. The applicant’s
representative indicated that they wished to proceed. Chairman Brown reviewed the
public hearing procedures for the benefit of the audience. She then asked the applicant
to make a presentation.
Mr. Don Becker, CES, Inc., representing the applicant, explained that this is the
first step of a larger subdivision that may someday occur on Ohio Street near Davis
Road. It is presently on the northern edge of sewer service. They are looking to
construct modestly priced housing. This phase is for six lots along Ohio Street with
three shared driveways. Mr. Becker indicated that beyond Davis Road there is not
much potential for significant traffic or development even though it is classified as a
collector street. The parcel is located in an urban impaired watershed (Pushaw
Stream). Regarding sidewalks, the developer takes no position but if they are built the
lot owners will pay the cost (approximately $3,000).
Mr. Rosenblatt asked about open space whether it would tie into the larger
remaining lot and if there was an overall open space plan. Mr. Becker indicated that
the open space shown would be part of a smaller open space area. Mr. Becker
indicated that in this area they will be aligning their road with Mt. Desert Drive. This
smaller area could have some plantings, a bench and might be a nice little park at the
corner. A much larger open space will be provided on Davis Road that they have not
configured yet. Mr. Rosenblatt asked if the owner has considered any alternative to the
three proposed driveways. Mr. Becker indicated that they were trying to create the
smallest lots possible to create the lowest costs lots possible to try to offer modest cost
housing. To have the back yards on Ohio Street it would reduce the number of lots
that could be developed thus raising the costs of the lots in the development.
Mr. Theeman asked where the open space would be for the entire development.
Mr. Becker indicated that they have not been designated on the plans because the
wetland lines have not been confIrmed. They propose to do this in the springtime
when conditions are better. Until they know where the final lines are it is difficult to
project where the open space is. They would be interested in the Board feelings about
the location of the open space. Mr. Theeman indicated that he would find it
objectionable if any of the open space was wetland as he felt that open space should
be available to the people who live in the development. Mr. Becker felt that wetland
areas can be both active and inactive areas.
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Mr. Damon asked what size the houses will be. Mr. Becker indicated that a
typical footprint would be 28’ x 44’.
Ms. Mitchell asked how the six residents would access the open space. Mr.
Becker indicated that they could provide access rights along the easement along the
front and that they could walk up along the front property line.
Mr. Theeman asked why the applicant didn’t submit the entire development for
preliminary plan approval. Mr. Becker explained that the primary reason is that they
have customers that are waiting for the houses and the applicant cannot create lots fast
enough. Because they do not have to construct a public road they can be readied for
market quicker. He noted that they plan to submit the next phase soon. Mr. Theeman
asked what the width of the proposed roads would be. Mr. Becker indicated that they
plan to propose 28 feet.
Chairman Brown indicated that she is not a fan of this type of subdivision but she
also understood their need to sell some lots before they can do the rest of the
subdivision. Her concern is that because Ohio Street is heavily traveled, she was
concerned about the driveways and backing onto the street. She asked if they have
looked at any other creative ways to approach this development. She also indicated
that she was concerned about the open space and about the impact down the road on
the sewer system. Mr. Becker indicated that he has worked for two different clients on
this land and came up with 24 different layouts. They all have a similar development
cost so the real question is do you want lots that are $32,000 or lots that are $50,000.
However, this is an area where the lots are not going to support the higher prices.
Ms. Mitchell felt that there needs to be sidewalks for Phase I on Ohio Street as
well as throughout future phases. Mr. Rosenblatt felt that the Board would benefit from
an on-site visit. Ms. Mitchell and Chairman Brown agreed.
Chairman Brown asked for proponents. There being none, she asked for
opponents. Mr. Gene Corliss representing Apostolic Lighthouse Church, indicated that
while they were not necessarily opposed they are concerned about the stormwater
runoff. He noted that there was another subdivision closer to Brown Woods that has
created more groundwater on their site. Mr. Mark Greenleaf who lives at 1595 Ohio
Street which is directly across from where the end of this project is going to be
indicated that he was also representing his neighbors, the Shoreys. Mr. Greenleaf
indicated that their concerns are about the type of housing that the applicant is
proposing and how its connection to the sewer may affect their properties. Mr.
Greenleaf felt that there needs to be a sidewalk and a four-way stop installed at Davis
Road for cars to stop to cut down on the traffic. He was also concerned about potential
property damage as a result of blasting as this area is mostly ledge. Mr. Greenleaf
asked what the total number of houses that the applicant proposed on the remaining
land and how this would affect his property value.
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As no one else spoke, Chairman Brown closed the Public Hearing. Mr. Becker
explained that this phase of the subdivision drains to Ohio Street and then south to an
existing culvert across to Mt. Desert Drive to the storm drain system. The remaining
phases of the subdivision will drain to existing culverts on Davis Road that end up in a
large wetland area and then into Osgood Brook. There is ledge in the area but they
don’t anticipate any blasting other than trench blasting. If it is necessary they will need
to inventory existing houses in the vicinity.
Chairman Brown asked Mr. Ring if he had issues with the proposed sewer. Mr.
Jim Ring, City Engineer, indicated that any infrastructure done is done at the expense of
the developer. Mr. Becker indicated that the applicant would be paying for all the
infrastructure associated with the subdivision. They plan to break this into three phases
primarily because of the time constraints associated with the permitting processes.
After Phase II they will need to obtain stormwater permits.
Planning Officer Gould explained that this plan is for preliminary subdivision
approval for a 6 lot residential subdivision located on Ohio Street in a Low Density
Residential District. This is a major subdivision under the Code because they are
proposing to bring sewer and water service to the six lots. Staff had concerns about
access (when you abut a collector street you need to manage access to that collector
street). The Ordinance has a number of ways this can be done. They have chosen to
use shared driveways to cut down the number of points of movement on the roadway.
Staff still has a concern as to sight distances where those driveways are and this is
something that they would like the applicant to look at before Final Plan review. Mr.
Gould pointed out that the Board needs to think about open space. Open space for a
standard subdivision is 5% of the area of the subdivision. When you take 6, 12,000 sq.
ft. lots it does not amass a very large parcel for open space. Questions arise as to who
will own it, how will one access it.
Mr. Rosenblatt suggested that this may be a situation where cash in lieu would
make sense given the current size of the subdivision. Mr. Rosenblatt also had concerns
about sight distances and the fact that this parcel is in an urban impaired watershed.
The Board discussed conducting a site visit prior to voting on the item. Mr.
Rosenblatt moved that the Board postpone consideration of this item until the Board
has had an opportunity to schedule a site visit and return to this item at the regularly
scheduled Board meeting following the site visit. Mr. Theeman seconded the motion.
Mr. Damon asked if the Board would be looking at the entire site. Mr. Gould indicated
that the only issue before Board is the six lots. The Board voted unanimously in favor
of the motion.
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PUBLIC HEARINGS (Continued)
Item No. 1: Conditional Use and Site Development Plan approvals to
renovate the existing building for use as a research
laboratory at 246 Sylvan Road in a General Commercial &
Service District. Eastern Maine Healthcare Systems,
applicant.
Chairman Brown noted that without the presence of Member Theeman the Board
would be below five decision making members and would lack quorum. Mr. Gould
suggested that the Board could schedule a special meeting. The applicant’s
representative indicated that they would prefer that the item be heard before the
Board’s next regular meeting. Mr. Rosenblatt moved that the Board open the Public
Hearing and continued it until the next available opportunity for the Board to schedule a
meeting. Ms. Mitchell seconded the motion. The Board voted unanimously in favor of
the motion.
Item No. 3: Amending Chapter 165-13 to add definitions for Cellular
Telecommunication Equipment, Cellular
Telecommunication Tower, Public Utility
and Public Service Uses, and Radio and
Television Broadcast Tower. City of
Bangor, applicant. C.O. # 08-115.
Chairman Brown opened the Public Hearing. Planning Officer Gould explained
that these are the four definitions go along with the Ordinance amendment that the
Board recommended for approval at its last meeting. The definitions are for cellular
telecommunication equipment, cellular telecommunication tower, public utility and
public service uses and radio and television broadcast towers.
No one spoke either in favor of or in opposition to the amendment. Chairman
Brown closed the Public Hearing and asked for a motion. Mr. Rosenblatt moved that
the Board recommend that the City Council approve the proposed new definitions as set
forth in C.O. # 08-115. Ms. Mitchell seconded the motion, which carried by a vote of 5
to 0.
NEW BUSINESS
Item No. 4: Site Development Plan approval for an amendment to the
site plan for equipment sales and rental and a concrete
plant with associated site improvements located at 892
Odlin Road in an Urban Industry District. Vaughn
Thibodeau and Sons, Inc., applicant.
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Ms. Jodi O’Neal with James W. Sewall Company, representing the applicant,
explained that this property is both in Bangor and in Hermon. The portion in Bangor is
the New Holland Equipment Rental facility and the concrete facility which is part of the
Vaughn Thibodeau and Sons construction operation is located in Hermon. She explained
that the entire site was in violation of the Site Location of Development Act and they
were required to file an application with the DEP for an after-the-fact Site Law License
and an NRPA Permit. They are also seeking Site Development Plan approval. The
equipment rental operation has been separated from the construction operation and the
shared driveway is being removed and they are proposing a new entrance to Odlin
Road so that the concrete plant has a separate exit. The other modifications that they
are proposing deal with stormwater, site stabilization, and erosion control.
Mr. Theeman asked if the applicant had any concern about meeting the
conditions established by the Staff. Ms. O’Neal indicated that they had no concerns.
Mr. Rosenblatt asked if the applicant had submitted the additional information
requested by Staff. Ms. O’Neal indicated that all of the information has been submitted.
Mr. Gould indicated that revised plans have been submitted addressing Staff concerns
and that City Engineer Jim Ring has adequately reviewed the stormwater and is
comfortable with those details.
No one spoke in opposition and Chairman Brown asked for Staff comments.
Planning Officer Gould indicated that this application is for Site Development Plan
approval to relocate a driveway and other site improvements. Over time the site has
expanded without benefit of approvals. As they looked at building a new driveway Staff
said that they needed to go back and see how much this site has been changed and put
those details down on paper. The applicant has submitted revised plans that address all
of the details that Staff was looking for and Staff recommended approval.
Mr. Rosenblatt moved that the Board grant Site Development Plan approval for
the proposed development at 892 Odlin Road for Vaughn Thibodeau and Sons, Inc.,
applicant. Mr. Theeman seconded the motion which passed by a vote of 5 to 0.
Item No. 5: Comprehensive Planning Committee.
City Manager Ed Barrett discussed a document he drafted to set up a special
committee on Comprehensive Planning. At the end of the last Comprehensive Plan
Update process in 2006 there were discussions about what went well in that process
and what could be improved. Then Chairman Bob Guerette subsequently submitted a
letter that proposed that some consideration be given to setting up a separate
Comprehensive Planning Committee to start working on the 2010 Comprehensive Plan
Update. They also had some discussion at this year’s City Council Planning Session that
Mr. Guerette participated in about Comprehensive Planning and the Council talked
about some of the areas they felt needed some additional attention as that process
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moved forward. Since then Mr. Barrett has put together a proposal for people to look
at. Mr. Barrett felt that it was timely to talk with the Planning Board who needs to have
a key role in this process before this went any further. Mr. Barrett indicated that he
would like the Board’s comments and feedback on it as they go forward. Mr. Barrett
discussed the major points: to review where everything stands in the 2005 Update;
identify those areas that need additional work; prioritize what needs to be addressed
and worked on; put together a work plan on how to address those issues; identify and
prioritize those areas in the 2005 Comprehensive Plan and identify those issues that
have not been fully reviewed and updated and need more attention for the 2010
Update.
Mr. Barrett explained that the make up of this Committee would draw upon the
expertise of the citizen volunteers who may have some particular background in one
area or another that relates to the Comprehensive Plan. There would be a core
membership consisting of the Chair of the TIC Committee and a Member of the BED
Committee, the Vice Chairman of the Planning Board and a second member chosen by
the Board, a Member of the Historic Preservation Commission, a Member of the
Commission on Cultural Development; Chair of the Marsh Mall Committee; a Member of
the Park and Recreation Committee; a member of the Superintending School
Committee; and five members of the public representing other diverse interests. The
Comprehensive Planning Committee would be authorized to establish its own
subcommittees.
Board Members expressed their appreciation for the thoroughness he put into
this proposal. Mr. Rosenblatt asked if there was City Council support for this
Committee. Mr. Barrett indicated that he felt because of the development that has
occurred in the last few years and concerns that that development may be changing the
nature of the community that there is support. Mr. Barrett said that the advantage that
the group would have is that they could focus on comprehensive planning issues and
allow the Planning Board to concentrate on the day-to-day things.
The consensus of the Board was to endorse that concept. Mr. Theeman moved
that the Planning Board endorse the special committee on Comprehensive Planning
including the details as presented by the City Manager and recommended that the
Planning Committee representatives include the Vice Chairman and Member Mitchell.
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Mr. Rosenblatt seconded the motion. Ms. Mitchell felt that there should be an 8 Item
that would talk about how the implementation process would work. The Board voted 5
to 0 in favor of the motion.
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APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Mr. Rosenblatt moved to approve the Minutes of March 4, 2008 Meeting. Mr.
Theeman seconded the motion which carried unanimously.
Other Business
The Board discussed possible meetings dates for the special meeting for Eastern
Maine Healthcare Systems and the site visit at 1528 Ohio Street. The Board chose two
possible dates, either Thursday at 4:00 or Friday afternoon at 4:00. Planning Officer
Gould was asked to poll the Board to ensure a quorum and set up the Site Visit and a
Special Meeting for Thursday and/or Friday later in the week.
Mr. Gould discussed the amendments to the By-Laws to incorporate the newly
adopted ordinance changes. He noted that there are still a few things that the Board
should debate and discuss. Mr. Gould indicated that if the Board is content with the
draft Staff will bring it back to the Board’s next meeting.
There being no further items for discussion, the meeting was adjourned at 8:50
p.m.
BANGOR PLANNING BOARD
SITE VISIT
1528V Ohio Street
FRIDAY, MARCH 21, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Nathaniel Rosenblatt
Laura Mitchell
Doug Damon
Jeff Barnes
Miles Theeman
City Staff Present: David Gould
Jim Ring
Applicant/Agents: Mike Wood
Don Becker, CES
Chairman Brown called the meeting to order at 4:00 p.m. The Board and
applicant reviewed the terrain, vegetation cover and roadway conditions. The
Board and applicant discussed access options to Ohio Street such that cars would
not have to back into the roadway. Some Board members encouraged the
applicant to consider cluster development for future phases. The Board reviewed
potential open space locations and the potential need for separate pedestrian
circulation.
The Board and applicant reviewed the locations of each of the proposed
shared driveways attempting to verify adequate sight distance at each location.
The application review would resume on April 1, 2008 at the regularly scheduled
Planning Board meeting.
The site visit concluded at 4:25 p.m.