HomeMy WebLinkAbout2008-09-02 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF SEPTEMBER 2, 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
Lynn Johnson
News Media Present: None
Chairman Brown called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove either item from the Consent Agenda, Chairman Brown
asked for a motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt
seconded the motion which carried unanimously. The items approved are as follows:
Item No. 1: Site Development Plan approval to construct a 4,452 sq. ft.
building for office and storage use located at 1380 Hammond
Street in a General Commercial and Service District. Perry &
Morrill, Inc., applicant.
Item No. 2: Site Development Plan approval to construct a 1,024 sq. ft.
garage at 861 Broadway in a Contract Industry and Service
District. Zone Corporation, applicant.
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PUBLIC HEARINGS
Item No. 3: Amending the Land Development Code, Chapter 165, Section
165-13 – Definition of Open Space Parcel – City of Bangor,
applicant. C.O. #08-286.
Chairman Brown opened the Public Hearing. Planning Officer Gould explained that
approximately two weeks ago this same section of the Land Development was before the
Board for amendment. At that time, it was noted that there was an error in the published
version of this amendment. This amendment would correct the definition of Open Space
Parcel to clarify open space as part of a subdivision and when an open space may be
designated outside of a subdivision. Mr. Gould added that the Subdivision Ordinance already
requires open space for new development. The language clarifies that “open space” is
exempt from certain development standards that would typically be applied to development
parcels such as road frontage, minimum lot area, and minimum lot width.
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 to recommend
approval to the City Council of the amendment to Chapter 165, Section 165-13 - Definition
of Open Space Parcel as contained in C.O. #08-286. Mr. Barnes seconded the motion which
passed by a vote of 7 to 0.
NEW BUSINESS
Item No. 4: Site Development Plan and Site Location of Development
Modification Approvals to construct a new 1,643 foot entrance
road located on Griffin Road and make landscaping
improvements at 1 College Circle in a Government and
Institutional Service District. Husson College, applicant.
Mr. John McCormack with CES, Inc. representing the applicant, explained that this is a
request to do some landscaping at the main entrance, add a sidewalk along the side of the
road, do some landscaping by the soccer field, and construct a new driveway on Griffin Road.
Ms. Mitchell asked if they proposed a sidewalk on the driveway coming in from Griffin
Road. Mr. McCormack indicated that they did not propose a sidewalk along this new
driveway. Mr. John Rubino, of Husson College, indicated that they have widened the
driveway to 32 feet making it four feet larger on both sides than a normal travel lane. This
was widened in order allow for someone to walk or ride a bike.
Mr. Theeman asked if they planned to mark the sides of the roadway to delineate a
bicycle lane or walking lanes. Mr. Rubino indicated that they proposed striping on the
roadway.
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Mr. Rosenblatt asked if they conducted a traffic study or were proposing any related
traffic improvements on Griffin Road to anticipate how the new access is going to affect
traffic patterns in the area. Mr. McCormack indicated that they did not conduct a traffic
study or propose any traffic improvements on Griffin Road because this project only involves
a driveway that connects to Griffin Road and will not generate a great deal of traffic nor
change the amount of traffic related to the campus. Mr. Rosenblatt asked what percentage
of the traffic going to the campus will use this access drive. Mr. Rubino indicated that they
did not know at this time.
Chairman Brown noted that because this is a driveway issue, traffic is not one of the
standards that the Board will be considering on this particular project. Planning Officer Gould
indicated that because this is a permitted use the Board needs to consider this under the
standards of Section 165-114. There is no standard for traffic for a permitted use.
Mr. Theeman and Ms. Mitchell expressed their concern that there was no sidewalk
proposed. Mr. McCormack indicated that because there are no sidewalks presently on Griffin
Road they did not feel that there would be a lot of pedestrian traffic coming down that road.
Ms. Mitchell asked if they considered the fact that across the street and next door to the
driveway the zoning is proposed for High Density Residential use and Husson’s previous
proposal for student housing. Mr. Rubino indicated that the plan for student housing was
submitted by another entity and was located more northwesterly than this road. At this point
in time they do not have plans to build housing.
Mr. Barnes indicated that he supported this project and added that he felt that this
roadway will reduce traffic on the residential area on Husson Avenue. He said that it only
makes sense for fire and safety reasons to have two entrances.
Chairman Brown then asked for comments from Staff. Planning Officer Gould
explained that this application from Husson College is for Site Development Plan and Site
Location of Development Act Modification approvals. This driveway connection from the
center of the campus out to Griffin Road has been in their plans for a number of years. In
2005 when Husson did a Master build out plan, it was done to try to get ahead of stormwater
improvements. A major detention pond was built at that time with the idea that as they built
out the campus this roadway was a part of that analysis. Initially it was a 24’ roadway and
they have designed it wider and revisited the stormwater calculations to make sure that that
additional impervious would be handled within the pond in the drainage analysis. They came
to the conclusion that it was more than adequate to deal with that. There are a few minor
changes at the main entrance which are cosmetic which include landscaping and signage
improvements. The last time a traffic analysis was done was at the time of the meeting
house project where the number of trips that would be generated by that project warranted
MDOT Traffic permitting. Some analysis was made of the anticipated areas where traffic
would go at that time and this roadway was not in the mix. Relative to sidewalks, a few
years ago the City extended the public sidewalk system on Husson Avenue out to Husson
College. There are no sidewalks on Griffin Road at this time and there is very little
development along Griffin Road. If the City were to build sidewalks on Griffin Road it would
make a lot of sense to have a sidewalk in the project. This discussion should continue as
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the build out continues. Staff feels that the new roadway will go a long way to balance and
take some of the pressure off Husson Avenue and Broadway where most of that traffic has to
go now so that some of the trips can go out Griffin Road and Broadway without going
through that heavier corridor now.
Mr. Rosenblatt asked if Staff was comfortable that there was enough reserve left of
the capacity for stormwater from this project. Mr. Gould explained that when they did the
roadway it was based on a roadway with 24 foot wide pavement. Because they widened it,
they went back and ran the numbers again from pre development to post development to
make sure that the system still could accommodate that additional impervious.
Mr. Theeman asked what the buffer or set back requirements would be along the side
of the road or along the side of Griffin Road. Mr. Gould indicated that this is their private
driveway and it is not a public street. Along Griffin Road if someone were to build a parking
lot it would require a “B” buffer yard which is a minimum of 20 feet between that road right-
of-way and the parking lot. There is more than adequate room to do that.
Ms. Mitchell felt that this was the time to discuss sidewalks and traffic. Mr. Barnes felt
that installing a sidewalk would create a situation where you would be going out to a street
where there is no sidewalk. He indicated that he was a supporter of sidewalks in
subdivisions when there is a plan to integrate them into other sidewalks. At this time he saw
no reason for a sidewalk. Chairman Brown agreed and said that if there is future
development there then that would be the time to continue the dialogue on sidewalks.
Mr. Theeman indicated that he would feel better if there was striping on either side of
the driveway. Mr. McCormack indicated that the applicant would agree to do that. Mr.
Theeman moved that the Board approve the Site Development Plan to construct a new 1,643
foot entrance road located on Griffin Road and make landscaping improvements at 1 College
Circle in a Government and Institutional Service District for Husson College, applicant with
the condition that the 1,643 foot entrance road be marked on both sides for pedestrian and
bicycle lanes. Mr. Barnes seconded the motion. The Board voted six in favor and one
opposed. Mr. Theeman moved that the Board approve the Site Location of Development
Modification to construct a new 1,643 foot entrance road located on Griffin Road and make
landscaping improvements at 1 College Circle in a Government and Institutional Service
District with the condition that the 1,643 foot entrance road be marked on both sides for
pedestrian and bicycle lanes. Mr. Barnes seconded the motion. The Board voted six in favor
and one opposed to the motion.
Item No. 5: Site Development Plan approval to construct a 5 ½ story
parking garage and add another level to the existing parking
garage located at 489 State Street in a Government and
Institutional Service District. Eastern Maine Medical Center,
applicant.
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Mr. Theeman indicated that the parent company of EMMC is also the parent company
of the organization that he works for and asked to be recused. Mr. Rosenblatt moved to
excuse Mr. Theeman. The motion was seconded by Ms. Mitchell and passed unanimously.
Mr. John McCormack, with CES, Inc., along with Jeff Mylan and Jan McLaughlin from
EMMC were present in support of this application. Mr. McCormack indicated that this project
is an extension of the existing parking garage which was constructed about 10 years ago.
The new garage will be a couple of stories higher than the existing garage and it will have
entrances and exits on the EMMC internal access drive.
Mr. Jeff Mylan, a licensed Professional Engineer in the State of Maine and Director of
Construction Services at EMMC, indicated that there is a parking challenge here and they
have a commitment to the State Street Campus. They have done various engineering
analyses over the years and all of the studies show that patients and visitors have a hard
time finding a parking space. In addition, members of management, and support
departments currently park off-campus. On a daily average they are bussing approximately
300 people to the campus. They currently rent spaces from the Pickering Square Garage and
they also have a 202 space lot off of Sylvan Road. The cost of the busing and rental of
spaces is approximately $490,000 per year. They estimate that the current parking deficit is
about 535 spots per day. The proposed garage expansion will accommodate 809 spaces for
a net increase in available parking of 649 spaces. This will allow them adequate parking for
patients, visitors, and the employees that they are presently bussing back and forth back to
the campus. They anticipate that they can complete construction in June 2009 provided that
they obtain all the necessary approvals. They are planning in the future a new inpatient
tower where the circle is now in front of the Grant building. But as of now they do not have
all of their approvals in place for that. He noted that they wanted the neighborhood involved
and a few months back they were looking at the feasibility of tearing down the Wing house
and adjacent Robinson house for parking. After some neighborhood meetings it was
concluded that this was not a good option and the solution was a parking garage expansion.
Mr. Rosenblatt asked about a letter sent from DEP expressing concern that this project
commenced without permits and concerns about storm water. Mr. Mylan said that they were
planning to start relocation of the City utilities. There was a misunderstanding between the
DEP, the City of Bangor and EMMC and they are working very closely with the DEP on this
matter.
Mr. McCormack explained that when the DEP performed their review of this application
the only question they had was that they wanted to know where the stormwater from the
new garage was going from the actual location of the new garage all the way down to the
river. They went back with their field crews, surveyed that information, and located the
pipes. Mr. McCormack indicated that this is actually going down the same pipes that the
water is going now. This information has been forward to DEP.
Mr. Damon asked what the traffic impact will be with the addition of 650 additional
parking spaces. Mr. Victor Smith, a traffic engineer with CES, Inc., indicated that they looked
at traffic from this site and concluded that with the additional traffic from those presently
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being bussed around the City will generate approximately 100 cars in the peak hour. There
are approximately 300 cars that will come there everyday, come through the parking garage
in the morning and that is typically spread out over a three hour period. In the afternoon the
people who are leaving are spread out over a 3 hour period. In other words, they project
that there will be approximately 100 cars an hour over a three hour period. He put this into
a model and all of the traffic signals systems in the area will continue to run at a level of
service “C” or better. Mr. Smith indicated that the system is capable of handling the new
traffic coming to the site.
Mr. Clark asked if they still proposed to use the Wing Lot. Mr. Mylan indicated that they
are still planning to utilize the Wing Lot. Mr. Clark asked if the parking garage will built in
such a way that would allow them to add floors at a later date and if the life flight helicopter
would remain on top of the existing facility. Mr. Mylan indicated that it is his understanding
that they cannot add to the proposed 5 1/2 level garage, but would be able to add one more
level to the existing parking garage which is before the Board tonight. The life flight
helicopter will not relocate and will remain at the top of the hospital where it is today.
Mr. Rosenblatt asked Mr. Smith if he was comfortable that the access to the site has
the capacity to handle the increased volume and he asked about the location of the new
entrance and exit being located so close to the existing entrance and exit. Mr. Smith
indicated that he felt that it does have the capacity to handle the traffic and because of the
grades and the fact that peak hours will have people entering the site in the morning and
exiting the site in the evening.
Chairman Brown asked for comments from Staff. Planning Officer Dave Gould
explained that this is a request for Site Development Plan approval to construct a 5 level
parking garage and a one level addition to the existing parking garage at Eastern Maine
Medical Center campus on State Street which is in a Government and Institutional Service
District. Mr. Gould gave a history of the development on the campus. As the 1990’s came
around the finite space that is available there was realized and that is the first time the
hospital looked at structured parking. The real dilemma that they have now is that every
time they build a new building on campus not only do they loose spaces but it increases the
demand for parking. The only way to get ahead of the curve is to go to a structure where
you can build more than one space in that amount of land area. Mr. Gould indicated that
they are building a concrete parking garage on top of a paved parking lot so there is no
increase in terms of stormwater pre and post. It will not be treated any differently than it is
now. It is within part of the City’s stormwater system and this is what the excavation was all
about to relocate the City’s system out from under where the structure is going to go. This
proposal does not add any new driveways or access off of the City streets. They are going to
utilize the existing hospital entrance road. The two garages will be interconnected but they
will have separate entrance/exits off of the hospital drive. Staff pointed out an issue with
lighting which was addressed in the site plan regarding the cut off fixtures and the height of
those. Planning Officer Gould indicated that all of the details meet the requirements for Site
Development Plan approval.
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As there were no further questions or comments, Mr. Rosenblatt moved that the
Board approve the Site Development Plan to construct a 5 ½ story parking garage and add
another level to the existing parking garage located at 489 State Street in a Government and
Institutional Service District for Eastern Maine Medical Center, applicant. Ms. Mitchell
seconded the motion which passed by a vote of 7 to 0.
Item No. 6: Site Development Plan approval to construct a 24,000 sq. ft.
retail and office building located off of the new Hogan Road
Extension (30 Kittredge Road) in a General Commercial and
Service District and construct new curb cuts to the new Hogan
Road Extension and the abutting Wal-Mart from Crossroads
Plaza at 930 Stillwater Avenue in a Shopping and Personal
Service District. CMI and Eremita & Valley, applicants.
Attorney P. Andrew Hamilton with Eaton Peabody represented the applicants. Also
present were Mike Eremita and Tom Valley, the applicants, Fred Marshall with Plymouth
Engineering, Tom Gorrill a traffic engineer with Gorrill Palmer and Lynne Spooner of the
Merrill Bank. Mr. Hamilton indicated that this application is to amend a previously approved
site development plan. The previously proposed building at 30 Kittredge Road has been
reduced to a two story, 24,000 sq. ft. building with retail on the first floor and the remainder
office use. This project also includes the final design and location of the City’s Hogan Road
extension and makes modifications to the site to create access points on the Hogan Road
extension. It also makes changes on both the existing site and the previously approved site
for parking layout. He noted that they received approval of this proposal from the Marsh
Mall Commission on August 28, 2008. Mr. Hamilton discussed the access points from this
site. He noted that Lynne Spooner of Merrill Bank was present in support of both access
points for the drive-thru and customer service function of the bank at this location as well as
the connection to the Hogan Road extension.
Mr. Rosenblatt indicated that this situation overall is impaired by the fact that Wal-
Mart has not come forward with their revised site plan and that the Hogan Road extension is
ending at a retaining wall. Mr. Hamilton indicated that they noted that and they do not feel
responsible for that condition. Mr. Rosenblatt said that he had thought at some point there
was representation to the Board that with the construction of the Hogan Road Extension
there would not be two access points on Stillwater. Mr. Hamilton indicated that at some
point there was some suggestion that the middle access might be closed. In the modern
discussions and for the last five years, they have always talked about retaining the middle
access as a right-in, right-out access.
Mr. Tom Gorrill, a Traffic Engineer with Gorrill Palmer, explained that they are
proposing a right-in, right out access at the driveway and he felt that this will provide
reasonable and safe access to that site. The right turn is not proximate to another
intersection where it is going to confuse drivers and will provide some relief. Mr. Gorrill
indicated that to provide triple right in and right out accesses there would be better than a
single driveway.
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Mr. Rosenblatt noted that this project in 1994 was conditioned that the northeasterly
access drive to the site be closed off and relocated to the extension of the Hogan Road at
such time as it is constructed through the site. Mr. Hamilton said that he felt that the middle
access should continue to be approved. In 2005 the Board did revisit this question. It is his
understanding that was preserved as a right-in, right-out so the record should be completely
clear on this issue.
Planning Officer Gould indicated that in 1994 the original project was approved by the
City under delegated authority. At that time, traffic movement was part of the Site Law and
the City hired outside consultants to review the traffic and this was in the Board Order
approving the project. In 2005 the applicant came back to the City to reinvigorate the upper
portion which had not been constructed for site plan approval with no modification to the site
law permit. The Board reviewed that application but the applicant did not act on it and it
expired. The applicant is now before the Board for site plan approval only without seeking a
site law modification.
Mr. Hamilton indicated that this is a project that is in part the host of the City’s Hogan
Road Extension. He indicated that this is a project where it is fair to ask for reasonable and
safe traffic circulation on this site. If there was an understanding in 1994, that has become
overtaken by traffic conditions. Mr. Hamilton indicated that he felt that it would not be a
good approach to rely on a 1994 approval as to what should happen in 2008.
Mr. Rosenblatt asked Mr. Gorrill to address the proposed accesses again. Mr. Gorrill
indicated that they are proposing a right-in, right-out only access at the northerly Stillwater
entrance and also for the entrance nearest the bank. He indicated that he was concerned
about the left-in and left-outs at those driveways. Mr. Rosenblatt asked if he had done any
estimates of what the volumes are likely to be on the Hogan Road Extension. Mr. Gorrill
indicated that when the Wal-mart study was done, this was included in their study and they
indicated that it would be 98. At that time they did not consider this extension but with the
extension in place, what ends up happening is it is going to better than what was in their
study. Mr. Rosenblatt asked if the volume of traffic on the Hogan Road Extension going to
the Wal-Mart project is going to be such that left turns into both pieces of this project are
going to be difficult. Mr. Gorrill indicated that because this is a relatively low volume it would
not have an impact.
The Board discussed the access from this site to the Wal-Mart site, and the number of
proposed parking spaces for the proposed uses.
Mr. Fred Marshall indicated that the 2005 approval (which has now lapsed) was that
parking would be shared between the two sites and this is what they are proposing now.
The parking calculations for the restaurant based on one space for every 200 sq. ft. is
limiting the restaurant to 6,000 sq. ft. There is surplus of parking on the Crossroads site.
They calculated the square footage in the existing Crossroads site to make sure that it
satisfied the parking requirements while still ending up with a surplus. Mr. Rosenblatt asked
Mr. Marshall to explain how they anticipate the parking will work. Mr. Marshall indicated that
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they are proposing a sidewalk to connect the parking lots and the customers would be
walking across the Hogan Road Extension.
Mr. Damon noted that people cross Main Street to get to satellite parking which works,
he did not think that it was unmanageable. He felt that this design is something that works.
Ms. Mitchell had concerns about the dual entrances being so close to each other and
indicated that she felt that it is less of a traffic issue on Stillwater Avenue than on their site.
Mr. Clark noting that there are two entrances there now and the parking lot is not
usually full, asked if they anticipate that there will be enough demand so that this proposed
parking lot will be full so that they are going to have to use the other side of the street. Mr.
Hamilton indicated that they are expecting a similar mix of use that will be manageable.
Mr. Jim Ring, City Engineer, indicated that the Wall Mart Site does incorporate a
retaining wall along their property line. They have had lengthy discussions as to how to
make that work and in fact the Hogan Road extension is designed to match the grade at the
parking lot level. The design and the agreement on making this work have been done.
City Solicitor Norm Heitmann indicated that representatives of Wal-Mart contacted the
Code Enforcement Office last week and they are planning to come back in to revise their site
plan to show the connection to the Hogan Road Extension. Mr. Heitmann noted that as part
of Wal-Mart’s Traffic Movement Permit, the City has an agreement with the Maine
Department of Transportation to construct the Hogan Road Extension. Regardless of what
happens with this project or the Wal-Mart project Hogan Road Extension will be constructed.
Ms. Mitchell felt that there will be a traffic problem within this site when the additional
access is provided from the Wal-Mart site. She suggested that there be a stop sign placed
on the applicant’s property on the southerly access road to the property at Merrill Bank.
The Board also discussed proposed conditions of approval including making the two
access points on Stillwater Avenue right-in and right-out accesses and that the driveway
access changes not be utilized until all of the related off-site improvements as noted in the
Traffic Movement Permit for the Wal-Mart project are in place. Mr. Hamilton indicated that
they would be comfortable with those conditions. Mr. Hamilton indicated that they felt that
a complete closure of that access would be problematic from the bank’s perspective.
Chairman Brown then asked for Staff comments. Planning Officer Gould indicated that
this application is for Site Development Plan approval. Staff views this as the one original
site that was dealt with in 1994. The Hogan Road Extension was contemplated back then
and the idea that parking from both places would be shared has always been a concept of
this plan. The applicant should be commended with providing a sidewalk to access between
the two different sites. One element that has not been discussed is the stormwater on the
site. Although not required to meet the new stormwater standards, they are proposing to
treat all the new impervious on their site to meet the new stormwater standards. Staff’s
issue relative to parking on the site is just that the application be transparent as to the
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different uses, and the different parking requirements for those different uses. It should be
very clear on the plan. There are concerns about the compliance of the original construction
site as not being consistent with its approved plan. The Planning Office is adamant that the
plan will meet all of the details of its original approval or it will need to meet today’s
standards. In most instances everyone is happy to comply with the original plan that they
got approved. Mr. Gould noted that there were minor amendments that needed to be done
to the plans for them to be in compliance. Those changes have been made and submitted
and calculations for the 5% green space internal to the parking lot is going to be provided.
Chairman Brown asked for a motion. Mr. Theeman moved that the Board approve the
Site Development Plan for construction of a 24,000 sq. ft. retail and office building located off
of the new Hogan Road Extension (30 Kittredge Road) in a General Commercial and Service
District and construct new curb cuts to the new Hogan Road Extension and the abutting Wal-
Mart from Crossroads Plaza at 930 Stillwater Avenue in a Shopping and Personal Service
District for CMI and Eremita & Valley, applicants with the conditions that: the two access
points on Stillwater Avenue be made right-in and right-out; that a stop sign be placed on the
applicant’s property on the southerly access road to the property at Merrill Bank; and that the
driveway access changes not be utilized until all of the related off-site improvements related
to the Maine Department of Transportation Traffic Movement Permit for the Wal-Mart Project
are in place. Mr. Barnes seconded the motion. The Board voted seven in favor and none
opposed.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes.
Chairman Brown indicated that the Minutes of the May 6 and May 20, 2008 Meetings
were in order for approval. Both sets of Minutes were unanimously approved.
There being no further items for discussion, the meeting was adjourned at 9:11 p.m.