HomeMy WebLinkAbout2008-05-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 6, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Jeff Barnes
David Clark
Doug Damon
Laura Mitchell
Nathaniel Rosenblatt
Miles Theeman
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. Mr. Rosenblatt indicated
that he had a conflict of interest with Items No. 1 and No. 7 as the applicant is a client of his
law firm. Mr. Theeman moved that Mr. Rosenblatt be excused from voting on Items No. 1
and 7 due to a conflict of interest. Ms. Mitchell seconded the motion, which carried by a vote
of 6 to 0.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion. Mr. Theeman moved approval of the Consent Agenda. Ms. Mitchell seconded the
motion which passed by a vote of 6 to 0. The item approved is:
Item No. 1: Final Subdivision Revision and Site Location of Development
Modification approvals for a revision to two lots in the BanAir
Industrial Subdivision in an Urban Industry District. Linnehan
Holdings LLC, applicant.
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PUBLIC HEARINGS
Item No. 2: Conditional Use and Site Development Plan approvals for
construction of a 2,444 sq. ft. drive-thru restaurant
located at 301 Odlin Road in a General Commercial and Service
District. Tim Hortons New England, Inc., applicant.
Chairman Brown opened the Public Hearing and asked for a presentation by the
applicant. Mr. John Theriault, Traffic Engineer for Ames A/E, as well as, Peter Brissette,
Construction Manager from Tim Hortons were present. Mr. Theriault explained that the
applicant is proposing to construct a 2,444 sq. ft. Tim Horton’s restaurant at 301 Odlin Road
with a drive-up window service. Also, they are proposing to provide a connector strip
between this site and the adjoining Irving property. The project does not trip the threshold
for a DEP stormwater permit. They have designed the site with three infiltration basins to
control the quality of stormwater runoff located at the back of the site. The site disturbs
approximately 39,000 sq. ft. and adds approximately 22,400 sq. ft of impervious ground
cover. The project will have public water and sewer. Site distance for the entrance exceeds
the 350 feet required for the existing 35 mph posted speed on Odlin Road. There is
adequate queue space (for 14 vehicles) for the drive-up window.
Mr. Theriault indicated that trip generation is expected at 261 vehicles at the morning
peak hour and 116 vehicles during the evening peak hour. Most of this traffic is pass-by
traffic (already on the roadway on the way to work or somewhere else). Because of the
amount of traffic they need to obtain a Maine Department of Transportation Traffic
Movement Permit. They have applied for and have been issued a draft permit. Mr. Theriault
indicated that the major conditions within the permit are that they provide the connection to
the Irving site, and provide a change in lane use on Odlin Road. The Odlin Road pavement
width is approximately 42 feet which will accommodate three travel lanes and a thru lane.
Therefore, there will not be a need to widen Odlin Road.
Chairman Brown asked for comments from proponents and opponents. Mr. Patrick
Barnes from the Fairfield Inn asked about the location of the speaker from a drive-thru
window in relationship to his hotel. He was concerned that the noise might be an
inconvenience to the hotel guests. Mr. Theriault said that he did not believe that it would be
any louder than that of a McDonald’s and because of its location would not pose a problem.
There being no further comments, Chairman Brown closed the Public Hearing and
asked for Staff comments.
City Engineer Jim Ring was asked to comment on the Traffic Movement Permit. He
indicated that the City works very closely with the Maine Department of Transportation
regarding Traffic Movement Permits. One of the things that will be done with this project in
conjunction with the Traffic Movement Permit is a restriping on Odlin Road. It may also
require some strengthening of the existing pavement but no widening. This would improve
traffic flow and safety. Mr. Ring noted that the City was also looking at doing the same thing
in other locations on Odlin Road separate from this project.
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Planning Officer Gould indicated that this is a request for Conditional Use and Site
Development Plan approvals to construct a 2,444 sq. ft. restaurant with drive-thru service in
a General Commercial and Service District. This site was formally a driving range and gas
station. The plan meets all of the City’s buffer requirements for a drive-in business around
the property and in between the Irving store site. The queuing space is adequate, there is
adequate on-site parking, and the interconnection of the two sites likely will create the
situation where some vehicles won’t have to go back onto Odlin Road for any shared trips
between those two uses. Also, Staff feels that this use meets all of the four standard
conditional use standards, as well as, the specific standards within the General Commercial
and Service District. This project does need to go through the Maine Department of
Transportation (MDOT) permitting process. Staff indicated that it would ask that the Board
make as a condition of approval that the applicant needs to receive approval of their Traffic
Movement Permit, that the off-site improvements be completed; and that the facility does
not open until to the public until those off-site improvements are in place.
Mr. Clark asked if this operation would be open 24 hours a day. Mr. Peter Brissette
indicated that typically they apply for 24 hour operation.
There being no further comments, Chairman Brown asked for a motion. Mr.
Rosenblatt moved that the Board grant Conditional Use approval for the proposed
development at 301 Odlin Road, Tim Hortons New England Inc., applicant, on three
conditions: 1) that approval be contingent upon receiving the Traffic Movement Permit from
the Maine Department of Transportation; 2) that the construction of off-site improvements
as required by the Maine Department of Transportation be completed; and 3) that the facility
not open to the public until all off-site improvements are complete. Mr. Clark seconded the
motion. The motion carried by a vote of 7 to 0. Mr. Rosenblatt moved that the Board grant
Site Development Plan approval for the same application on the same three conditions. Mr.
Clark seconded the motion. The motion carried by a vote of 7 to 0.
Item No. 3: 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.
Chairman Brown opened the Public Hearing and asked for a presentation by the
applicant. Nancy St. Clair, Sebago Technics, represented the applicant and Dan Whitney
represented Matt T, LLC. Ms. St. Clair explained that this application is for a 3,170 sq. ft.
Kentucky Fried Chicken/Taco Bell restaurant to be located within the Broadway Shopping
Center site. The other co-applicant, Inland Western Bangor LLC who is the owner of the
Broadway Shopping Center was represented by Mr. Tim Doody. Ms. St. Clair explained that
the Kentucky Fried Chicken restaurant will be moving from its existing site on Broadway to
this site. As proposed there is adequate queuing space for 8 vehicles from the drive-thru
window. They are proposing a by-pass lane, and they have tried to provide for better
internal traffic circulation patterns within the Broadway Shopping Center site.
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Ms. St. Clair further discussed the site and their plan to provide for better stormwater
management (even though they are not required to do so). The site is located within the
Arctic Brook watershed which is an urban impaired watershed. They are proposing a bio
retention cell to treat 25% of the runoff from this developed area to be connected into the
existing system. This will represent a net reduction in imperious areas. Ms. St. Clair noted
that this project does not trigger the need for any State level permitting.
Ms. St. Clair explained that this new KFC/Taco Bell, combined with trips that were
associated with the 2000 expansion to the Hannaford store, triggered the need for a Traffic
Movement Permit (TMP) from the Maine Department of Transportation (MDOT). They have
gone through the review process with MDOT who has issued a draft TMP. The draft permit
looks at two different types of mitigation; one off-site and one on-site. One of the issues is
in regard to the internal circulation in the shopping center. There are a lot of opportunities
for different traffic maneuvers because it is one large paved area. The applicant’s plan tries
to provide some additional means to channelize that intersection flow and give it better
definition. One thing that they looked at was the proposed improvements. The median
island would be extended with painted striping. Also, there are internal improvements that
came out of the DOT Traffic Movement Permit Process. The off site improvements include
an impact fee which has been collected from other developers within the Broadway corridor.
That amount has been set at $15,000 for this project and one of the things that was
discussed and evaluated throughout the process with this was Arctic Street. Although it is
called a street it does not appear to actually be a street. The ownership of that area is
comprised of three parties none of whom are the applicant. The MDOT and the City asked
them to prepare a plan that identified opportunities to widen out the turning radius from
Arctic Street. Now that radius is approximately 10 to 15 feet and the applicant is proposing
to widening that radius to 30 feet. A pole and a hydrant will need to be relocated. This
would come under the $15,000 off-site impact fee. MDOT has also asked that there be an
interconnection between the shopping center site and the bank site and the Amato’s site.
Ms. St. Clair asked that the Board approve this application subject to receiving the approval
of the MDOT Traffic Improvement Permit.
Mr. Rosenblatt asked about stormwater. Ms. St. Clair explained that this site is paved
right now so all of the runoff that is coming from that area is collected in the existing
stormwater system. What isn’t directly discharged into that bio retention cell is being
collected in the existing network of storm drains and catch basins. Mr. Rosenblatt asked if
the condition within the draft Permit is acceptable to the two abutting property owners
(Amato’s and the bank). Ms. St. Clair indicated that the agreement is moving forward.
Board Members had questions regarding the maintenance of Arctic Street, the
improvements proposed by the applicant and whether it would become a City Street. Mr.
Ring indicated that he would not recommend that it become a City Street. This is a private
street but he felt that the proposed improvements would be an improvement.
Chairman Brown asked for comments from proponents and opponents. There being
none she closed the Public Hearing and asked for comments from Staff. Mr. Gould
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indicated that this application is a Conditional Use/Site Development Plan approval from co-
applicants Matt T, LLC and Inland Western Bangor seeking approval for a 3,170 sq. ft. drive-
thru restaurant within the Broadway Shopping Center in a Shopping and Personal Service
District. This proposal represents some unique opportunities to get some improvements into
the Broadway Shopping Center. Presently, there are acres of unbroken asphalt. The
landscaping and physical barriers proposed to direct traffic in that part of the parking lot
gives a lot of guidance to where the thru traffic movements are. They are actually reducing
the impervious area of the parking lot by adding green space. In doing so they are able to
add some stormwater quality features even though it is not required. Staff feels that this is a
definite improvement.
Planning Officer Gould indicated that relative to Conditional Use standards the
proposal met the four standard conditional use requirements as well as the specific
conditional use requirements of the Shopping and Personal Service District. Mr. Gould noted
that the applicant proposes to add green space and even though it is only a small piece of
the parking lot it is an improvement to the overall circulation of the shopping center.
Regarding traffic Mr. Gould indicated that because the City doesn’t have its own traffic
standards, the City relies heavily on MDOT traffic standards. Mr. Gould discussed the
concept of providing more interconnections (from Maine Savings and Amato’s) to the
shopping center site to help conditions along Broadway which would allow more of the traffic
to use the traffic signal at Broadway. He noted that previously Maine Savings Federal Credit
Union has received Board approval for an access to the shopping center site but that project
has been put on hold. When these two co-applicants came through the process with MDOT
and the City, MDOT was eager to see if they could convince Inland Properties to provide
access to both of those sites. A proposal was submitted to the Planning Staff that afternoon
for the shared drive. Mr. Gould indicated that this may cause problems for Maine Savings
FCU as they proposed a separate access of their own and this should be looked at further.
Mr. Gould indicated that Maine Savings Federal Credit Union was not aware of this until that
afternoon. They sent an e-mail to the Planning Office expressing their concerns and
indicating that they could not attend this meeting. Mr. Gould indicated that it was up to the
Board to decide whether or not it wants to approve this subject to whatever MDOT finds
acceptable. Staff pointed out should the Board want to take that option, Staff would suggest
that the approval be conditioned upon the facility not being open to the public until those
improvements related to the shopping center site are in place.
Mr. Rosenblatt felt that the condition in the draft MDOT traffic permit did not seem to
be workable and indicated that he was not comfortable approving this subject those
conditions.
Mr. Jim Ring, City Engineer, indicated that both MDOT and the City feel that a
provision be made for access management between the two properties fronting on Broadway
and the shopping center (Maine Savings FCU and Amato’s). The other properties between
them and the main entrance to the shopping center already have a separate access and that
is why the focus was on these two properties. The draft permit language references one
entrance to serve the two sites. It appears from the Bank’s correspondence that that might
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not work for them. Knowing that MDOT is very supportive of access management the
current language providing for one easement may in large part be a way to consolidate that.
Whether the Board chooses to consider this tonight or not it would seem that the final
language of the MDOT Permit may need to be tweaked. All the other provisions in that
paragraph that talk about how it would be provided in addition to the reference to the single
easement he felt were very important points that the City is very supportive of and he would
like to see that in the final MDOT permit. He noted that the Board might consider as a
condition of approval to include access easement either singly or separately for each
property.
Mr. Rosenblatt asked if the business owners participated in the DOT traffic movement
process. Mr. Ring indicated that he was not aware if they did.
Mr. Theeman agreed with Mr. Rosenblatt and added that while he is supportive of the
restaurant he has serious concerns about the need for pedestrian access from the contiguous
mall into that area. He said that he was not prepared to support this. Ms. Mitchell was
equally concerned about the pedestrian issue. She asked if thought had been given to
realigning the restaurant in a different way so that the pedestrian access could be directed
more towards the shopping center. Chairman Brown indicated that she was also concerned
about the pedestrian traffic.
Ms. St. Clair indicated that they can provide additional crosswalks to provide better
definition to connecting pedestrian ways. As far as a shared access to the shopping center
there are details to be worked out amongst the parties involved. The applicant is hopeful
that the Board would grant an approval that would be conditioned upon the details of the
TMP being finalized and the specific interconnection be left to the parties that are involved.
Chairman Brown indicated that she would like to have assurance that this access is going to
be built.
Mr. Theeman moved that the Board postpone consideration of this Conditional
Use/Site Development Plan for the restaurant and drive-thru service at 609 Broadway in a
Shopping and Personal Service District until such time as the applicant returns with a
demonstrated pedestrian access from the contiguous mall to the site and until there is an
approved MDOT Traffic Movement Permit. Mr. Rosenblatt seconded the motion. The Board
discussed adding conditions to the motion in order to move this project along. As there were
no amendments to the motion, Chairman Brown asked for a vote. The motion carried by a
vote of four in favor and three opposed.
Item No. 4: 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 opened the Public Hearing. Mr. Don Becker, CES, Inc., represented
the applicant who is requesting Preliminary Subdivision Plan approval of a 23-lot cluster
subdivision located on Grandview Avenue and Essex Street. Mr. Becker indicated that eight
lots will access from Grandview and fifteen lots will access from Greenfield Avenue extension.
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They are proposing private roads which means that the homeowners will be paying for their
own snowplowing, sold waste removal and postal service will be at two locations at the
entrance to the two private streets in a centralized postal unit.
Mr. Rosenblatt asked if it would be difficult to arrange for the Board to visit the site.
Mr. Becker indicated that it would not, but asked that they be given some notice so that they
could provide some stakes that would make it easier to view the site.
Mr. Theeman asked about the significant open space area that is a freshwater
wetland. Mr. Becker indicated that this plan was created prior to the Board’s concern about
this (wetlands and open space). He is hoping that when the Board visits the site that a
significant portion of that concern may be alleviated.
Chairman Brown asked about the proposed stormwater. Mr. Becker indicated that one
of the reasons that they are proposing private roads is to create less impervious surface.
Their goal is to not create a concentrated flow anywhere within the subdivision. It is their
intent to not alter the existing drainage patterns and to spread the water out. The one
exception that is not actually part of the plans is that they would probably use a ditch along
where this meets the Darbro Subdivision to collect water and find a way to get it across their
project. They would propose to re-spread that water before it reaches the drainage area
between the two respective lots.
Chairman Brown asked for comments from proponents. There being none, she then
asked for opponents. Mr. Jim Bishop who is planning to purchase one of the lots on Labarca
Lane, was concerned with the proposed road beside and behind this lot which creates three
sides on the lot. He could not think of another place in the City where a house lot is
encircled by a road. He was concerned that this could affect the value of his house and
asked if they could find another way to access those three lots.
Mr. Darrell Lyon, 25 Greenfield Avenue, asked; 1) Who is TJS Realty and have they
built in the City before and where; 2) if the developer of the property is also going to be the
builder of the homes; 3) what types of homes are going to built and what they will look like;
4) if there is ledge there now if the developer plans to blast in order to set the foundations
for the homes and what the repercussions are if there is damage as a result; 5) are there
any additional development plans for this property above and beyond what is being
proposed; and 6) if there was concern about pedestrian traffic back and forth to these
properties.
Mr. Alan Hunter, a professional forester who resides at 20 Greenfield Avenue,
indicated that he is very familiar with this property as he has lived there 10 years. There are
no sidewalks on Essex Street which makes it unsafe to walk. He indicated that there were
wetlands on this site which are identified on the National Register of Wetlands but are not
shown on any of the developer’s maps. He also felt that the soils that are indicated on the
mapping is incorrect. Mr. Hunter noted that this site is in the Arctic Brook watershed which is
an impaired watershed and the soils are poorly drained. He said that he is not against the
development as there is a portion that can be developed but suggested that the details be
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looked at before being approved and any development should be moved away from the
wetland area.
Ms. Carrie Baxter of 21 Labarca Lane, (which is in front of Lots 21, 22, and 23), told
the Board that they built their house in 1993. She gave a history of the water problems
within the existing Darbro Subdivision and the way that they have tried to deal with this
problem. At that time, it was determined that there is too much ledge in the area to send
the water out to Arctic Brook. Also, it was determined that there wasn’t enough pitch to go
into the catch basin out in front of her property. They created a trench on their property to
help alleviate the water problems on 11 LaBarca Lane which is lower than her lot (the water
from her lot was going over onto 11 LaBarca Lane). Ms. Baxter felt that if the lots are not
built up and graded away from her house, water would drain into her backyard. She also
indicated that she was concerned about damage to her house as a result from any potential
blasting.
Mr. Ray Michaud, owner of property to the north of this development, was concerned
about future expansion and this development. He indicated that he had problems
constructing his home because of ledge. He was concerned about having any blasting done
adjacent to his property and about drainage. He indicated that he went to great lengths to
build on the highest point of land so as not to interfere with the current flow of water and in
spite of that they still have some minor flooding during this time of year. He also expressed
his concern about impact upon his property value.
Matei Ilina, 5 Greefield Avenue, was concerned about the Arctic Stream. He said that this
portion of the City is one of the worst that he has seen, as far as drainage goes, since he
moved here. He indicated that in the spring and the fall when there are 3 or 4 inches of rain
this stream becomes the Penobscot (River). He has already experienced flooding in his
basement and with the addition of more houses he was concerned that it would increase. He
was concerned about the noise and traffic, the wetland, and questioned why they were not
planning to connect the two proposed streets.
Ms. Virginia Pelletier, who resides at 600 Grandview Avenue, indicated that the rear of
her property abuts this development is boggy and wet until June or July. She was concerned
about the drainage, the wetlands, and the width of the street proposed to be cut into the
ground right next to her house. She noted that there is a row of trees that run along the
side of her property and she feared that they would not be saved.
Mr. Mike Grindall, of 45 Labarca Lane, was also concerned about the water in his back
yard. He noted the wildlife in this area that depend on the meadow. He indicated that while
he wasn’t necessarily opposed to the project, he suggested that the speed limit on Essex
Street from Grandview Avenue to Burleigh Road be reduced to 25 mph and there should be a
three-way stop sign at Grandview Avenue and Essex Street. He added that they should not
disrupt one subdivision to build another one, and there should be fewer lots, smaller roads
and a subdivision with private roads was not a good idea.
Ms. Ellen Hunter asked what the lot sizes were in a cluster subdivision.
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Chairman Brown closed Public Hearing and asked for Staff comments. Planning
Officer Gould indicated that this applicant, TJS Realty, LLC, is requesting Preliminary
Subdivision Plan approval for a 23-lot cluster residential subdivision off Grandview and
Greenfield Avenues. It is a major subdivision as it has more than 5 lots with public
improvements or private improvements. What is unique about this development is the
proposal to have private streets. The Land Development Code does provide that a developer
can build private streets. One of the requirements is that the Planning Board approve the
design of that street. The applicant’s representative has indicated that because they have a
somewhat sensitive environmental site they are able to build roadways that are narrower and
therefore have less environmental impact. They have also chosen to develop a subdivision
under the cluster development standards. In the Low Density Residential District for a non
clustered subdivision one would need a minimum lot size of 12,000 sq. ft. and 5% of that
acreage would need to be set aside as permanent open space. In a cluster development the
minimum lot size standard would disappear and the open space requirement would be in
excess of 30 percent. When you take a site such as this that has some severe environmental
constraints and a lot of land that likely shouldn’t be developed into house lots it makes an
attractive option to protect the wetland area as common open space. Mr. Gould indicated
that the City is very familiar with the history of the Darbro Subdivision which was developed
in the late 1980’s and the problems relative to stormwater drainage and the numerous
drainage problems that have occurred. In some ways that subdivision was the one that set
some of the practices that the City has in terms of reviewing future subdivisions. Concerning
drainage easements the City asks developers to provide such that the problems that occurred
there would not happen again in a future development. Mr. Gould indicated that Staff has
suggested that the Board conduct a site visit to look at the environmental issues, wetland
boundaries, and the cluster subdivision.
Regarding private roadways Mr. Gould indicated that Staff does not have a problem
but that any buyers need to be on notice that they are not getting a city street nor will it turn
into a city street any time soon. There needs to be an entity (homeowners’ association or
some other entity) to maintain and look after the streets.
City Engineer Ring noted that there are a number of existing homes that have
foundations fully on ledge. There were specific concerns in the Staff memo for providing
easements for drainage and very specific identification of a drainage swale easement. Mr.
Ring indicted that the City’s policy regarding blasting is that anybody who does any blasting
must obtain a blasting permit from his office. The people doing the blasting have to offer to
do a pre-blast survey for adjacent properties. If there are any damages or concerns they can
be documented. There are also very specific procedures that they have to abide by.
Mr. Damon asked who will maintain the fire hydrants. Mr. Ring indicated that he
assumed it would be Bangor Water District as the City of Bangor does not maintain the water
systems.
Mr. Theeman suggested that this item be tabled until the Board has had an
opportunity to conduct a site visit. Chairman Brown agreed.
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Mr. Becker thanked the public for all of their comments. He indicated that he is
available for inquiries. He explained that Greenfield Avenue has not been extended due to
drainage problems It was the applicant’s intent to have a private road in order to have it
narrower to lessen impacts from the development. They are trying to keep a significant
portion of the meadow undisturbed and only cross it at one point. Mr. Becker said that ledge
is a bigger issue in the Darbro Subdivision than in this one. However, there is ledge on Lots
1 thru 12 and they plan to try to build that up.
Mr. Rosenblatt moved that the Board postpone its consideration of this matter until
they have had an opportunity to visit the site. Ms. Mitchell seconded the motion. The
motion passed unanimously by a vote of 7 to 0.
NEW BUSINESS
Item No. 5: Site Development Plan approval to construct a cross connector
to the adjacent development (Tim Hortons site), eliminate two
parking spaces and adjust the buffer at 301 Odlin Road in a
General Commercial and Service District. Irving Oil
Corporation, applicant.
Mr. John Theriault from Ames A/E, explained that the applicant is doing some minor
modifications to the Irving site on Odlin Road to accommodate an interconnecting driveway.
The modification includes eliminating two parking spaces in that location. By adding that
driveway they have created a new property line and they also need to adjust the buffer to
provide a “B” buffer yard.
No one spoke either in favor of or in opposition to this request. Chairman Brown
asked for the Staff report. Planning Officer Gould indicated that this is a “companion plan” to
the Tim Hortons project. Normally when this type of situation occurs a planned group
development agreement is proposed to avoid having to change the buffer yards. In 2006 the
applicant received approval to construct the store on the site. The applicant still needs to
take care of the existing access which is in excess of the 35 feet allowed. All of the other
items on the plan are consistent with the submittals and are in compliance with the Land
Development Code. Staff recommended approval.
Mr. Theeman moved that the Board grant Site Development Plan approval at 301
Odlin Road, Irving Oil Corporation, applicant, on the condition that any previous site
improvements that have not been consummated are completed. Ms. Mitchell seconded the
motion. The motion carried 7 to 0.
Item No. 6: Site Development Plan approval to construct a 3,900 sq. ft.
building for maintenance and storage use located at
34 BanAir Road in an Urban Industry District. Bangor Motor
Sports, applicant.
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Mr. Kurt Thomas, owner of Bangor Motor Sports, explained that he wants to build
another building on his property to expand the business.
No one spoke either in favor of or in opposition to this request. Chairman Brown
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asked for Staff comments. Mr. Gould indicated that this was the 3 or 4 time that this
project has come before the Board for another addition or building at this site. This
application is for an additional warehouse building. The plan as submitted meets all of the
requirements of the Land Development Code and Staff recommended that the Board grant
them approval.
Mr. Rosenblatt moved that the Board grant Site Development Plan approval for the
proposed development at 34 BanAir Road, Bangor Motor Sports, applicant. Mr. Theeman
seconded the motion. The motion carried 7 to 0.
Item No. 7: Site Development Plan and Planned Group Development
approvals to construct two buildings totaling 1,191 sq. ft. for
automobile sales and service use located at 1211 Hammond
Street in an Urban Industry District. Linnehan Holdings LLC,
applicant.
Chairman Brown noted for the record that Mr. Rosenblatt had indicated a conflict of
interest with this item (As in Item No. 1, above) and was excused by the Board. Mr. Tom
Russell, Esq., representing the applicant, indicated that originally there were two lots (Lots 4
and 5) that were developed in 1999. There is a building on Lot 5 and a paved display on Lot
4. Under Item No. 1, above, the applicant was granted approval of a revision to the BanAir
Subdivision Plan which revised Lots 4 and 5 into Lots 4R and 5R. Now they are proposing to
put two modest buildings on Lot 4R. One structure is approximately 1,400 sq. ft. and the
other structure is approximately 575 sq. ft. He noted that they had provided a declaration of
cross easements so there are two entrances to Hammond Street one for Lot 4 and one for
Lot 5 so those two entrances can be used jointly as well as the access road that connects it
for better interior circulation without having to go out to Hammond Street. The sewer line is
on Lot 5R so there is a cross easement so Lot 4R will have accessibility with that common
sewer.
Chairman Brown asked if the applicant had submitted any lighting details. Mr. Russell
indicated that they have not but that they would be happy with Mr. Gould’s suggestion that a
condition be added to the approval.
No one spoke in opposition. Chairman Brown asked for Staff comments. Planning
Officer Gould indicated that this is one site layout now that is largely an automobile
dealership. The applicant intends to split the lot into two separate ownerships. Under the
Planned Group Development provisions, a portion of a lot can be sold to another entity with
an agreement such that it all works together as one site. The applicant is being required to
provide the necessary buffers along Hammond Street on the plan. Staff noted as a condition
of approval that the applicant submit lighting details so that a determination can be made
that they meet the City’s new lighting standards. Mr. Gould indicated that Staff
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recommended Site Development Plan and Planned Group Development approvals with the
condition that the applicant provide the City the specifications for those building mounted
lights.
As there were no further comments, Chairman Brown asked for a motion. Mr.
Theeman moved approval of the Site Development Plan and the Planned Group Development
requests at 1211 Hammond Street, for Linnehan Holdings, LLC, applicant, on the condition
that the applicant provide details on the building mounted lighting prior to construction. Ms.
Mitchell seconded the motion. The motion carried unanimously (6 to 0).
Item No. 8: Final Subdivision Plan approval of a 4-lot subdivision located at
1528V Ohio Street in a Low Density Residential District. Woods
of Maine Inc., applicant.
Mr. Don Becker, P. E. with CES Inc., represented the applicant who is requesting Final
Subdivision Plan approval of a four lot subdivision located at 1528 Ohio Street. Mr. Becker
indicated that the submittal addressed the Board’s concerns at the time of preliminary
subdivision plan approval. He indicated that the applicant was in agreement about retained
land and that they cannot proceed until there is a new application before the Board.
The Board discussed the proposed driveways, their configuration and the easements
proposed. Mr. Theeman asked if the width of those common driveways would be such that
cars can turnaround in the driveway and drive out. Mr. Becker indicated that he had
extended the easements by 50 feet. The reason being if there was a disagreement between
the neighbors no one could argue that the other one couldn’t back out onto into his driveway
into the common area.
Chairman Brown asked for comments from the Planning Officer. Mr. Gould indicated
that this is Final Subdivision for Woods of Maine 1528 Ohio Street for a four-lot subdivision.
At the time of preliminary plan approval the Board had concerns about shared driveways,
sidewalks, and sight distances. Most all of those issues have been worked through. The last
detail is the sidewalk to make sure that it meets the standards in terms of base and
pavement details. Mr. Gould noted that there were a number of Conditions in the Staff
Memorandum that Staff feels should be attached to the Final Plan.
Mr. Rosenblatt asked Mr. Gould to explain the cash in lieu calculation. Mr. Gould
indicated that it was a formula that he created based on the Assessor’s base lot value for a
piece of property, times .1, and multiplied by the acreage required for open space. Mr.
Gould indicated that the City’s Assessor was in agreement with the formula and the proposed
methodology. Mr. Gould indicated that this formula is something that can consistently be
applied. Mr. Gould explained that he ran this on a number of scenarios (other parcels all
over the City) to see what would be a reasonable amount of money in cash in lieu. Mr.
Rosenblatt didn’t want his approval of this amount to somehow in the future preclude the
Board from reexamining the issue when they are dealing with a more substantial cash in lieu
situation. Mr. Gould indicated that there needs to be a system that is consistent and fair
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everywhere in the City that can be applied as one standard to come up with a repeatable
solution that the developer can calculate the same answer.
Mr. Theeman moved that the Board approval the Final Subdivision Plan for 1528V
Ohio Street, a four-lot residential subdivision, for Woods of Maine, Inc., applicant on the
following conditions: that the retained land is not an approved lot and cannot be developed
unless the owner/applicant returns to the Board; 2) access to Ohio Street for Lots 2 through
5 should be limited to shared driveways as depicted on the plan; and 3) that the applicant
provide a suitable grading plan to the City Engineer for the construction of a sidewalk
adjacent to Ohio Street; and 4) the applicant shall provide suitable improvement guarantees
within 120 days of approval. Mr. Clark seconded the motion. Mr. Damon asked if the
sidewalk approval would be done before the Certificate of Occupancy is issued for the
buildings. City Engineer Ring indicated that it would because it is part of the subdivision’s
public improvements. Chairman Brown asked for a vote. The motion carried by a vote of
seven in favor and none opposed.
Item No. 9: 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.
Mr. Don Becker with CES, Inc., representing the applicant, explained that this
subdivision was more complicated that the previous one. The applicant has obtained their
State Stormwater and NRPA permits and now needs Final Subdivision Plan approval. Mr.
Becker indicated that because this subdivision has some special features it most likely will
attract a higher end market and will probably not develop as quickly. He also noted that they
have obtained their NRPA Permit.
Chairman Brown asked if each individual lot owner would be locked into placing their
home where the building envelope is and if the buyers of these lots will have this
information. Mr. Becker indicated that they would unless they choose to pursue additional
permitting. In this case the builder is also the applicant so they will have this information.
Chairman Brown asked how those building envelopes were located. Mr. Becker indicated
that the coordinates were located and filed digitally with the Department of Environmental
Protection.
Mr. Theeman asked why the Homeowners Association document was not filed with the
plans. Mr. Becker indicated that those documents were recently received from the lawyer’s
office. Mr. Theeman felt that those final documents should have been submitted with the
Final Subdivision Plan. Mr. Theeman asked if the stormwater treatment devises were in that
agreement. Mr. Becker indicated that they are part of the applicant’s responsibility. Mr.
Rosenblatt asked if the document addresses the maintenance of the stormwater treatment
and details for management of the common open space. He also asked if Mr. Becker was
comfortable with the grade of the road where it goes over a 6 percent grade in a couple of
areas. Mr. Becker indicated that he was comfortable with this.
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Mr. Theeman asked City Engineer Ring to comment on this. Mr. Ring indicated that
there are some very short sections of the proposed road that exceed the City’s 6% threshold
and he did not see it to be problematic. Regarding the maintenance of the stormwater
systems, the City has had several subdivisions where the maintenance of those rest with the
developer.
Chairman Brown asked for Staff comments. Planning Officer Gould indicated that this
is an application for Final Subdivision Plan approval for a 14-lot subdivision for East Ridge
Estates on Essex Street in a Rural Residence and Agricultural District and a Resource
Protection District. The Preliminary Plan was approved with 3 specific conditions: that the
applicant supply final documentation regarding the management and maintenance of the
open space; in the event that a future public trail system is created the City would like rights
to cross the open space in the subdivision such that a trail could be placed within the open
space; and that the plan be modified to indicate that on each of the lots there is some space
available for on-site waste disposal. This subdivision is in the Penjajawoc Marsh/Bangor Mall
Overlay District and was reviewed by the Marsh Mall Commission on multiple occasions. The
Commission’s primary intent was to get the developed area as far away from the Marsh as
possible thus creating an extensive buffer. The property is somewhat problematic in terms of
the amount of wetlands and the attempt to try and work the roadway through them with as
limited impact as possible. This is why there are some grades that are higher to avoid filling
and side slope issues. Mr. Gould indicated that he has some concern about whether or not
the developers of the lots will be aware of the details of the building envelope. The one
document that gives a clear statement about those open spaces is the Homeowner’s
Association agreement which has not been provided. Mr. Gould indicated that the Board
needs to make a judgment as to whether they want to approve this without seeing that
document. The applicant has attempted to document this on the plan to deal with the trail
issue. Mr. Gould indicated that the City’s Legal Office offered some notes relative to the
trail because that was something that was very important to the Marsh Mall Commission that
there be rights for a public trail to go across.
Mr. Becker indicated that they have no objection to the wording that the Assistant City
Solicitor chose to define the trail.
Mr. Theeman asked to what extent the applicant will be inconvenienced if the Board
wanted to see the Homeowner’s Agreement. Mr. Becker indicated that it would be a
hardship. However, a copy has been forwarded to the City Solicitor. He asked that the
Board consider final plan approval given that they won’t actually sign the mylar to a later
meeting and would see the Homeowner’s Agreement before they sign the final mylar.
Mr. Gould indicated that the City Solicitor’s Office will review it but did not know if they
would approve it. Routinely the Homeowner’s Association documents are provided to Staff
who provides them to the Board. The Legal Office will review them and if they have
concerns they point it out to get changed. Then they would be approved subject to them
being executed and delivered. Mr. Gould indicated that he did not have a problem with the
concept that this plan is in order and have the applicant come back two weeks from now with
the improvement guarantee in place and the documents in hand. The Board signs the mylars
15
upon approval and Staff will not release them until the City is happy that the amount of the
improvements guarantees have been satisfied.
There being no further discussion, Chairman Brown asked for a motion. Mr. Theeman
asked the Board to entertain a motion to table the Final Subdivision Plan for 1397V Essex
Street, for Woods of Maine, Inc., applicant, until the Homeowners Association documents
have been submitted. Ms. Mitchell seconded the motion. The motion carried 7 to 0.
APPROVAL OF MINUTES
The Minutes of the February 5, 2008 and March 18, 2008 Meetings were unanimously
approved as printed.
The Board discussed possible dates for a site visit to the Whispering Meadows
Subdivision located off of Grandview and Essex Streets. The date was set for Wednesday
th
May 14 at 5:00 p.m.
Due to scheduling around the holiday, Chairman Brown discussed with the Board
whether or not they wished to hold its first meeting in July (July 1, 2008). It was the
consensus of the Board not to hold that meeting.
There being no further items for discussion the meeting was adjourned at 11:10 p.m.