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HomeMy WebLinkAbout2008-10-22 Planning Board Minutes (AMENDED 1/20/09) PLANNING BOARD OF THE CITY OF BANGOR MEETING OF OCTOBER 22, 2008 MINUTES Board Members Present: Allie Brown, Chairman Nat Rosenblatt, Vice Chairman Miles Theeman Jeff Barnes Doug Damon Dave Clark City Staff Present: David Gould James Ring Bud Knickerbocker Peter Witham Vice Chairman Rosenblatt called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove either item for discussion, Vice Chairman Rosenblatt asked for a motion. Mr. Barnes moved approval of the Consent Agenda. The motion was seconded by Mr. Theeman and it passed unanimously. The items approved are as follows: Item No. 1: Site Development Plan and Site Location of Development Act Modification to revise the Meeting House Landscape Plan at 1 College Circle in a Government and Institutional Service District. Husson University, applicant. Item No. 2: Site Location of Development Act Modification to add access drives, reduce the size of proposed building, and other improvements at 930 Stillwater Avenue in Shopping and Personal Service and General Commercial and Service Districts. CMI, Inc., Michael Eremita, and Thomas Valley, applicants. 2 PUBLIC HEARINGS Item No. 3: Preliminary Subdivision Plan approval of a 6-lot subdivision located off Haskell Road in a General Commercial and Service District. Webber Oil Company, applicant. Vice Chairman Rosenblatt opened the Public Hearing and asked for comments from the applicant. Attorney Tim Woodcock with Eaton Peabody, John McCormack and Tim Brochu and Victor Smith with CES and Ray Cota of Webber Oil Company were present in support of this application. Mr. Woodcock indicated that this is a preliminary subdivision plan application for a 6-lot subdivision located off Haskell Road. Mr. Woodcock drew attention to a document creating a restrictive zone around Meadow Brook noting that the restrictive zone would not be included in the open space calculation. Mr. John McCormack explained that this is a continuation of the previously approved two-lot subdivision approved by the Board (for the hotel and cell tower). They are proposing a two acre lot next to the hotel and six commercial lots across the street. The street has already been constructed and the applicant will work with City to find a trail link. Mr. Victor Smith, a Traffic engineer with CES, discussed changes to the Traffic Movement Permit as a result of this subdivision at Haskell Road most notably a dual left turn going into Haskell Road coming south on Hogan Road. Mr. Smith indicated that there is an additional left turn lane exiting Haskell Road and an additional in-bound lane proposed on Haskell Road. Haskell Road will go from 3 lanes to 5 lanes. Mr. Rosenblatt noting that the Traffic Movement Permit is premised on a particular set of proposed uses within the subdivision, asked what those uses are and what happens if the use change from those that the permit anticipates. Mr. Smith indicated that the Permit was granted based on the following uses: a cell phone tower, the hotel, a 7500 sq. ft. restaurant, 20,000 sq. ft. of specialty retail and 60,000 sq, ft, if general office uses. The Permit also states that if there are any major changes to these, they need to go back before MDOT for review to see if the numbers still work and if any additional mitigation may be required. Mr. Rosenblatt asked if all improvements will be done before any development is done on any of the parcels. Mr. Smith indicated that that was his understanding. Chairman Brown asked what would be the trigger point in terms of when it will be necessary to revisit the traffic. Mr. Smith indicated that the permit was issued on 191 a.m. peak hour trips and 271 p.m. peak hour trips or 283 Saturday peak hour trips. Saturday is the controlling number on Stillwater and the general area. If the traffic numbers are greater than 283 it would need to go back before MDOT. Mr. Tim Brochu of CES discussed stormwater. The road to access these lots currently exists and a State Stormwater Permit was issued for the road and the stormwater runoff from that road is already being treated. In the application, they 3 included a predevelopment analysis of the area outside of the roads and they also included a hypothetical post development plan. The reason they did this is that each individual lot, as it is developed, will be required to get its own stormwater permit because they have already tripped the threshold for needing a permit. The treatment systems for the stormwater runoff are critical to the type of development. For them to go in and put in a treatment system now on these lots wouldn’t necessarily apply to what may get built. All of the lots because they are in an urban impaired stream watershed are going to need to meet the basic standard, the general standard, and the phosphorous standard. They are also going to have to address thermal control. Each individual lot will be reviewed separately and will all need to get a permit according to the Chapter 500 regulations. Mr. Theeman asked if there will be a cumulative effect that could have an adverse outcome on any remaining lots. Mr. Brochu indicated that regardless of how many lots they each are going to be addressing their stormwater on their lot, and they will need to show that they did not increase the flow from the drainage area that they are associated with. In this particular application he indicated that he did not believe that there would be any cumulative problems because the entire site is going to be controlled. Mr. Rosenblatt asked if each lot is going to be treating its own stormwater where is that stormwater going. Mr. Brochu explained that presently all the stormwater flows in a northerly direction into the stream off the site. When they develop each of those lots, the discharge will be directed into the backs of the lots prior to getting into the stream because there is a setback from the stream. Mr. Rosenblatt asked if each development will require a DEP Permit and will the subdivision impose any limitation on, for example, impervious surface. Mr. Brochu indicated that each development will require a DEP Permit and limitations on development will be imposed by zoning. Chairman Brown asked if the Board has a way of rectifying this if it is not built the way it is supposed to be built. Mr. Jim Ring, City Engineer, explained that the applicant or permit holder for a DEP permit will have to provide a certification and a reporting. They will also have to do a periodic reporting. Then the City will have its own Code Enforcement people on site inspecting. Mr. Ring noted that this is an area of great focus and the City converses frequently with DEP. In a development and a site like this, Mr. Ring felt that it is better to look at the specific development of each lot rather than make some assumptions right along. In this case when you have lots that are not a perfect shape, the way a site is developed can make quite a bit of difference on the discharge characteristics etc. Mr. Rosenblatt asked if they are proposing any sidewalks. Mr. Ray Cota, of Webber Oil Company, indicated that they are not proposing sidewalks. They had this discussion at the time of the two-lot subdivision. Instead, they have made provisions for trails within that subdivision as opposed to sidewalks. Mr. Theeman asked if they felt that the proposed future uses of these lots had the potential for a lot of foot traffic and whether or not any additional work had been done relative to the layout and connectivity of proposed trails. Mr. McCormack noted that trail 4 report was distributed just recently after they made their submission and they had a meeting with the city to talk about this report and look at possible areas where they could connect to this trail system. Mr. Cota indicated that there is connectivity between Lot 6 and the hotel lot. Mr. Damon felt that with the large housing subdivision behind this project and that there is a right-of-way that connects that property with a restaurant across the street, it would hazardous without sidewalks. Chairman Brown suggested that they might want to re-look at this because this is an opportunity and the trend today is for office workers to walk on their lunch hours. Mr. Rosenblatt discussed the proposed open space. Mr. McCormack noted that they originally had some open space further down on the project because they felt it made sense. In discussions with the City, staff indicated that they and the Planning Board preferred that the open space be in the same area and not spread out. They moved the open space back down to be closer to the beginning of their project. No one spoke in favor of or in opposition and Vice Chairman Rosenblatt closed the Public Hearing and asked for the Staff report. Planning Officer Gould indicated that this application is for preliminary subdivision approval. The applicant, Webber Oil Company, is asking for approval of a six-lot commercial subdivision off of Haskell Road in a General Commercial and Service District. Previous to this, the roadway and two lots were approved. At that time, there was much debate about traffic and traffic improvements. The applicant obtained a Traffic Movement Permit from MDOT. There are some specific improvements that are related to Haskell Road and the Intersection of Hogan Road but there are also improvements elsewhere in the Hogan Road corridor. This should all be documented into the record. Planning Officer Gould indicated that it needs to be made clear relative to traffic and stormwater to somebody that would buy a lot years from now what are the rules in this subdivision. Staff indicated that this isn’t how it is treated in every subdivision and the Board needs to be comfortable in the arrangement for this development relative to traffic. The applicant has proposed to set aside more than the required 5% open space. Staff directed them to make it contiguous with previous open space. In addition to the 5% they are providing an area along the Stream that would allow us to look at potential stormwater quality improvements. The Bangor Trails Report just came out and it shows a trail route coming right off the end of Haskell Road but there is potential that some of that movement can go through the open space that is part of this subdivision. Staff has asked the applicant to give the City the right to build a trail of a certain width across the open space. We don’t know today exactly where that would be. But, it would be a way to reserve the right to build a trail at some point through the open space which appears to be along the desired route from Haskell Road out towards the power line to points out to Chase Road. Regarding sidewalks, Mr. Gould indicated that there may be potential as development occurs between abutting projects to have linkage and pedestrian movement but there certainly isn’t a thought to redesign the roadway now to try and add sidewalks on a road that is essentially complete. Mr. Gould said that he felt that it was important 5 for the Board to make sure that as the process goes from preliminary to final that you have a clear picture as to how to tie up those loose ends and annotate the final plan to make sure that the off-site traffic improvements get done, that buyers of lots are on notice as to what their obligations are in regard to stormwater, and that the details of the open space plan are in place. Staff recommended that the Board grant preliminary subdivision plan approval. Mr. Theeman asked about asking the applicant to submit a preliminary trail layout as part of any final subdivision plan. He indicated that he felt strongly about having a sidewalk while recognizing that it is not required as part of the road and is not required as part of the hotel construction. However, it is his opinion that there is potential for a significant amount of foot traffic. Planning Officer Gould indicated that from a planning standpoint we would not want to specify exactly where the trail is today because we want a trail that is going to connect up with the adjacent piece of property. Mr. Gould said that he felt that it is the applicant’s intention to provide a public easement across the open space from Haskell Road to where the trail route is going. The Board could express their desire for interconnectivity of sites but it is hard to say how strong a need that is without knowing what the uses are at this point in time. It may be that they are highly pedestrian uses and the developers of those sites might want pedestrian connectivity between the two. But it may be a use that has no interest in pedestrian traffic at all. Mr. Gould indicated that every lot that you get connectivity between is a plus because you don’t get 100 percent of them doesn’t take away from those that you have. Mr. Theeman disagreed. Planning Officer Gould noted that none of these sites will be developed unless they come in front of the Board for review. Mr. Ring discussed the Stormwater Management plan for the Penjajawoc Watershed. Mr. Theeman asked Mr. Cota to provide the Board with additional information as to how they will ensure trail interconnectivity across the lots at either end of the property; and how they plan to ensure adequate pedestrian movement throughout the subdivision. Mr. Woodcock indicted that the applicant is very receptive to working with the City on what the City is prepared to work out with respect to the trail system. At this point, however, they haven’t reached a moment of certainty as to how they are going to handle this. He indicated that they are very receptive to working with the City on making sure that their overall trail system works through this particular subdivision. Regarding pedestrian access, Mr. Woodcock indicated that interconnectivity is going to be governed by the nature of the developments. Vice Chairman Rosenblatt asked for a motion. Mr. Barnes moved that the Board grant Preliminary Subdivision Plan approval of a 6-lot subdivision located off of Haskell Road in a General Commercial and Service District, Webber Oil Company, applicant. Mr. Theeman seconded the motion. The motion carried unanimously (six in favor and none opposed). 6 NEW BUSINESS Item No. 4: Site Location of Development Act Modification and Site Development Plan approvals to build a 9,000 sq. ft. addition, convert a parking area to loading and other improvements at the Florida Avenue site in a Contract Airport Development District; and to add five small paved areas at the Griffin Road site in an Airport Development District. General Electric and City of Bangor, applicants. Shelly Lizotte of Ames, A/E along with Dan Trembly from G.E. and John Theriault Traffic Engineer from Ames A/E were present in support of this applicant. Ms. Lizotte indicated that this is an application for two things: one is a Site Development Plan for the General Electric site located on Maine and Florida Avenues. They are proposing to build a 9,000 sq. ft. cold storage addition to the building to store deliveries that they currently store outside. In order to do this they will convert a portion of the parking lot for loading and drop off for those materials. Because they have larger vehicles entering the site, they are also enlarging the entrance to the site and that radius to allow those vehicles to turn into the site. They have addressed all of the questions of the Planning Department. Because it is part of the City’s Airport SLODA Permit they also needed to do a modification to that application. This application also includes a couple of sites one of which is the site that formerly housed a greenhouse and a couple of minor additions to the Polk Street facility that GE presently has to include a paved sidewalk connection between a parking lot and the building and a couple of concrete pads for storage. Mr. Theeman asked if the applicant had addressed the concerns of Staff. Ms. Lizotte indicated that they did include all of the items that Staff requested. Basically they are trying to piece together plans from two other projects in 1994 and 2001. They are including some buffer plantings that were shown on the approved plan but had died and had not been replaced. As no one spoke either in favor of or in opposition to this request, Vice Chairman Rosenblatt asked for Staff comments. Planning Officer Gould indicated that the applicants, City of Bangor and General Electric are requesting Site Development Plan and Site Location of Development Act approvals. He explained that there is an area that is City of Bangor property that had a greenhouse on it that is not on the Site Development plan for approval but is a part of the Site Location of Development Act Modification approval. In an effort to balance impervious and pervious space they are doing work on the Maine Avenue site, work on Griffin Road, and work further up on Florida Avenue where the greenhouse site is located. They propose to build a 9,000 sq. ft. addition for storage. In 1994 the Board approved an expansion for GE which included the employee entrance and included within that the layout of the employee parking lot that included certain buffers on Maine Avenue and improvements within the parking lot. In 2001, there was another plan that proposed improvements at this site and improvements at the Griffin Road site. Later 7 in 2001 the parking lot was expanded on the upper end of the site not shown here but on the bigger plan where a number of additional employee parking spaces were added to the site. Staff always wants to maintain consistency through the plans, Staff is concerned about all the buffer plantings that were in the original approval, all the parking lot improvements that were in the original approval, while not part of the present project Staff still wants them indicated on the submittal. Three things that Staff was still trying to work through at the time the Staff Memorandum was written were the basic layout of the driveway and to make sure that the width and center island were adequate for the movements that were going to occur there. On the 2001 plan the driveway is a right-in, right-out. Staff wants to make it clear that this is a right-in, right-out movement at that location. The other concern was at the end of this parking lot there are two end islands that are painted. In the original approval they were raised islands. It is Staff’s position that this should remain as originally approved. The last element is a B Buffer yard between the parking lot and Maine Avenue that was approved on the 2001 plan and this should be put back on the plan as it was approved in 2001. Planning Officer Gould indicated that if the applicant does not want to go back and redraw the plants on the plan he would suggest that the Board approve this with the condition that the plan has to meet the B Buffer as approved in the 2001 plan. Staff wanted to make it clear that we don’t want to undo things that are required just because they are not on this part of the site. Mr. Gould indicated that the driveway island issue has been addressed; the other concerns are the raised end islands; and the buffer yard plantings be placed on the plan or that the Board make it as a condition of approval. Vice Chairman Rosenblatt asked Ms. Lizotte if those two outstanding issues were acceptable to the applicant. Ms. Lizotte indicated that she had not addressed the raised end island issue. Because this is an employee parking lot and they don’t get a lot of visitors, she felt that they understood how traffic circulation is meant to happen there. She indicated that they were proposing to create a long island adjacent to these end aisles. Ms. Lizotte indicated that she did not show the plantings on the plan but this can be done. Mr. Damon asked if the applicant proposed to hide the boxes in this storage area. Mr. Dan Trembly of GE indicated that this facility is primary meant to house the forgings for the diaphragms and the active parts in process. Planning Officer Gould indicated that Staff would like to see raised end islands on those two parking rows and for the applicant to either add it to the plan or that the Board add a note to the plan that the B Buffer as shown in the 2001 April 5, 2001 approval be a part of the site plan. Mr. Theeman moved that the Board grant Site Development Plan and Site Location of Development Modification approvals at Maine and Florida Avenue, for General Electric and the City of Bangor, applicants with two conditions: 1) that raised end islands be provided on the two parking areas described in the plan; and 2) that all of the 8 requirements of the April 5, 2001 Plan be met including the buffers. Mr. Damon seconded the motion. The Board voted unanimously in favor of the motion. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. As there were no Minutes for approval, the Board went on to Other Business. OTHER BUSINESS Item No. 6: Planning Board Discussion of proposed By-Laws amendments. Mr. Gould indicated that the major changes to this round of By-Laws amendments were to include the changes relative to the Board that was adopted by the City Council to include the elimination of Associate Members. There was a lot of discussion with the By- Laws about how voting worked and how many votes it takes for various applications. Staff went through the By-laws and corrected the details to include 7 full voting members, no associate members, and worked through those parts of the By-laws that were affected by that. Mr. Barnes moved to approve the proposed Planning Board By-Laws dated October, 2008. Mr. Theeman seconded the motion. The motion passed unanimously. Mr. Theeman indicated that he would like, at some future meeting to address the problem of abstentions. Item No. 7: Planning Board appointment of Member to serve on the Special Committee on Comprehensive Planning. Vice Chairman Rosenblatt noted that when Member Mitchell resigned, she created a vacancy on the Special Committee on Comprehensive Planning. He indicated that the Board needed to appoint someone to fill this position. Mr. Damon was appointed. There being no further items for discussion, the meeting was adjourned at 8:30 p.m.