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