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HomeMy WebLinkAbout2007-06-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 5, 2007 MINUTES Board Member Present: Robert Guerette, Chairman Nathaniel Rosenblatt David Clark Miles Theeman Laura Mitchell Allie Brown City Staff Present: David Gould James Ring Peter Witham Bud Knickerbocker News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove either item for discussion, Chairman Guerette asked for a motion. Planning Officer Gould informed the Board that it had been pointed out that under Item No. 2 the address is in question as it may not be 325V Husson Avenue. Mr. Theeman moved to approve the Consent Agenda. Ms. Mitchell seconded the motion, which carried unanimously. The items approved are as follows: Item No. 1: Site Development Plan and Site Location of Development Act approval to construct a 12,000-gallon Potassium Acetate Storage Tank in an Airport Development District. City of Bangor, applicant. Item No. 2: Developmental Subdivision and Planned Group Development (PGD) Approval of an 8- unit Condominium project (2, four- unit buildings) in a High Density Residential District located at 325V Husson Avenue. Libby Brothers Inc., applicant. 2 PUBLIC HEARINGS Item No. 3: Conditional Use/Site Development Plan approval to construct a 2,975 sq. ft. bank with drive-thru service, a 5,875 sq. ft. restaurant, and a 14,000 sq. ft. retail store located at 878 Stillwater Avenue in a Shopping and Personal Service District. W/S Kittredge Road LLC, applicant. Chairman Guerette opened the Public Hearing. He explained that this item was th continued from the Board’s March 20 meeting and he asked the applicant to make a presentation. Mr. Ed Bearor, an attorney with Rudman & Winchell, representing the applicant, noted that Mr. Michael Waugh, Traffic Engineer, and Patrick Graham both from the James W. Sewall Company were also present. Mr. Patrick Graham, Project Manager, explained the Site Development Plan. This is a 3.13 acre site which is currently zoned Shopping and Personal Service District. The applicant is proposing three buildings, one for a 5,875 sq. ft. restaurant, one for a 14,000 sq. ft. specialty retail store, and one for a 2,975 sq. ft. building for use as a bank with drive- thru service. Because the proposed bank building will have drive thru service, it requires conditional use approval, as well. Mr. Graham indicated that they are proposing a total of 159 parking spaces that includes two handicap spaces for each building which exceeds the City’s requirement of 113 spaces. Primary access to the site will be off of Stillwater Avenue (which access will be built as part of the approved Wal-Mart project). There will also be an access to the rear of the site for access from the Wal-Mart site. The stormwater system has been designed on a 25-year storm basis and consists of a network of catch basins with an underground storage system. Other features include catch basins that will be fitted with a snout to prevent floatable solids or oils and greases from getting into the storm drainage system that will be cleaned out on a periodic basis. The stormwater will drain out into the system that will be built as part of the widened Stillwater Avenue. Mr. Graham discussed the proposed Type C buffer yard and indicated they have used this throughout the entire site. He noted that this plan meets the previous landscaping standards because it was submitted prior to the recently approved revision. Mr. Theeman asked if there would be any standing water on the front of this development. Mr. Graham indicated that there would not be any standing water because of the under drained system and the piping that is underneath. Any water that collects into those swales would filter through and then be captured into the underdrain piping, and be directed into a manhole and out to a culvert. Mr. Theeman asked if the roadway located at the top of the plan is in the original Wal-Mart approval. Mr. Gould indicated that it is. Mr. Michael Waugh, Senior Traffic Engineer from James W. Sewall Company, indicated that the Widewaters improvements have gone out to bid and they are anticipating construction shortly. On the Wal-Mart improvements, the preliminary design plans have been submitted to MDOT for review. They are presently answering comments from MDOT. 3 They hope to resubmit shortly and expect to go out to bid on the off-site improvement and th site work on July 15. Mr. Theeman asked Mr. Ring if the plans were consistent with the Wal-Mart application plans. Mr. Ring indicated that they are and a copy of the MDOT Traffic Movement Permit was forwarded to the Planning Board. Mr. Gould noted that the information that the Planning Board has relative to traffic is a copy of the MDOT Traffic Movement permit for the Wal-Mart project including all of the City improvements. Mr. Waugh distributed to the Board a copy of a letter that they sent to MDOT explaining the differences in the trip rates because of the change in the proposed use. They are projecting 199 new trips on the roadway network. The capacity now shows that with the Wal-Mart improvements, levels of service at all the adjacent intersections included in their study area will be at a Level of Service D or better. They can also make each approach at the intersections at a Level of Service D or better, as well as, each movement from each approach from the intersections at a Level of Service D or better. Mr. Waugh indicated that they just received a draft of the Traffic Movement Permit (which he also distributed copies to the Board). It is MDOT’s conclusion based upon the traffic analysis that there is enough additional capacity with the Wal-Mart improvements to absorb the additional traffic that is being projected from this site and that no additional improvements specific to this site are necessary. Mr. Waugh explained that there are a number of conditions in the draft Traffic Movement Permit (TMP). These include the same conditions that were on the Wal-Mart TMP. Mr. Waugh indicated that MDOT does this in case one project doesn’t get built and the other one wants to build. Mr. Theeman asked if the MDOT Permit assumes the construction of the Hogan Road Extension. Mr. Waugh indicated that it did and added that Wal-Mart has pledge $250,000 to the City for that construction. Mr. Theeman asked Mr. Ring if that improvement would be required to be completed before use of that site was permitted. Mr. Ring indicated that it would because the draft TMP for this project repeats the requirements for the Wal-Mart project. He noted that it also references those improvements that the City of Bangor has agreed to undertake and there are several of those that are conditioned that they be completed prior to the Wal-Mart opening. One of these is the completion of the Hogan Road Extension. Mr. Rosenblatt noted that the last Site Development Plan approved by the Board did not include the Hogan Road Extension and has all of the traffic coming through the driveway on Stillwater Avenue. He indicated that he was very concerned that the Board is being asked to assume that construction of the Wal-Mart project is going to proceed in accordance with a plan that the Board has neither reviewed or approved. Mr. Waugh indicated that when they did their final modeling for the Wal-Mart Project they did all the reassignments of traffic based on the Hogan Road Extension being completed. A lot of the traffic coming out of the Stillwater Avenue driveway was reassigned 4 to the Hogan Road Extension thus easing much of the traffic. The modeling for this site also assumed that the Hogan Road Extension was completed. Mr. Rosenblatt had questions regarding the projected traffic counts and asked Mr. Waugh to explain internal captured trips. Mr. Waugh explained that this is a trip between two uses on adjoining parcels that never reaches the roadway network. It is not a function of the capacity of the roadway as it just goes between the two sites. Mr. Rosenblatt indicated that at the Public Hearing for the Wal-Mart project the abutting property owner (Mr. Valley) raised a number of concerns specific to driveway access to that property and indicated that he would be adversely affected by the Wal-Mart Project. He asked if this wouldn’t add to that problem by adding more traffic volume to this access point. Mr. Waugh explained that one of the reasons why it wouldn’t is because of traffic being reassigned to the Hogan Road Extension. The volume projected to come out of the Stillwater Avenue side is considerably reduced from what it was. When the Hogan Road Extension is built there is a condition in Mr. Valley’s site plan approval that he close off the drive closest to Hogan Road. Also, he will have access from the Hogan Road Extension into his development which gives him much better circulation. That site has also been assigned traffic exiting onto the Hogan Road Extension. Mr. Rosenblatt indicated that he was concerned about the configuration of the access drive with traffic making a left hand turn to enter the site while others are exiting the site. He felt that this was a trouble spot. Mr. Waugh noted that this area was built into their modeling which indicates that this will be at an acceptable level of service. Ms. Mitchell asked how many lanes are proposed. Mr. Waugh indicated that they propose two lanes in and two lanes out. The MDOT Traffic Permit for the Wal-Mart project says that Hogan Road Extension has to be built within one year of occupancy. However, th the City has committed to building it by May 15 or by the time the Wal-Mart Project is issued a Certificate of Occupancy. Mr. Jim Ring, City Engineer, added that other improvements that the City will need to undertake next year include: restriping on Longview Drive, and widening of Bangor Mall Boulevard and Springer Drive to provide two additional lanes. Those items need to be th completed no later than October 15 of next year. This date was agreed upon in order to have them completed prior to the holiday shopping rush. He noted that all of the improvements that the Board approved and considered in its approval are still required. The Hogan Road Extension is in addition to those and will be a public street. Chairman Guerette asked if the applicant would be contributing to the off-site improvements required by the WalMart project. Mr. Waugh indicated that they would not be but if the Wal-Mart site is not built they are totally prepared to build them. Regarding the Hogan Road Extension, Attorney Edmond Bearor explained that because his is a city project and will be a public street that Wal-Mart would not need to revise its plan to include it. Mr. Rosenblatt explained that the plan that they approved had 5 all of the traffic coming through the Stillwater Avenue access drive. There is no place on the plan that the Board approved, for traffic to go from the Wal-Mart project onto the Hogan Road Extension. Mr. Rosenblatt indicated that he could not understand how they can propose this improvement without coming back to the Planning Board for approval. Attorney Bearor indicated that if it is deemed necessary they certainly would. But if they are to come back they would expect the other developments (the hotel and Crossroads) to also come back before the Board for approval before they could get access to the Hogan Road Extension. Mr. Rosenblatt asked what happens if the Hogan Road extension is not built when construction is complete on the Wal-Mart Project. Mr. Bearor indicated that they would be looking to the City for an explanation as to why it had not been completed. Mr. Rosenblatt indicated that all of the traffic would be coming through the Stillwater Avenue driveway and for that reason he did not see how he could vote to approve this project given that he did not conclude that the applicant had met its burden of proof under the conditional use criteria. Attorney Bearor indicated that he was deeply concerned that a City Board would question whether the City is going to complete the Hogan Road Extension that the City has agreed to complete after long and arduous negotiations. Mr. Rosenblatt indicated that he felt that the easiest thing would be for them to amend their site plan, bring it into conformity with the MDOT work and have that be the approved site plan. Attorney Bearor indicated that he did not see how they could amend their site plan until the City has designed and produced plans for the Hogan Road Extension. Chairman Guerette asked for comments from proponents. There were no proponents and the Chairman called for comments from opponents. Councilor Geoffrey Gratwick, Kenduskeag Avenue, indicated that he was neither for nor against the proposal but had a question as to the cost sharing for the Hogan Road Extension. No one spoke in opposition and Chairman Guerette closed the Public Hearing and asked for the Planning Staff report. Planning Officer Gould indicated that this application is for Conditional Use and Site Development Plan approvals at 878 Stillwater Avenue, for W/S Kittredge Road LLC. This has been continued several times waiting until all of the traffic information was available and an issuance of an MDOT traffic Permit had occurred. The applicant proposes to build three buildings on this 3 acre parcel, one being a 5,875 sq. ft. restaurant, another being a 14,000 sq. ft. retail store and the last being a 2,900 sq. ft. drive-up bank. The drive-in feature necessitates the need for conditional use approval. The plan was reviewed by the Mall Marsh Commission last fall. This site allows 70% impervious surface (which this is 68%). They are providing approximately 160 spaces where 86 are required. The Conditional Use for a drive-up bank asks the Board to look at a number of things: is there adequate queuing at the drive-up windows, are there adequate utilities and details relative to the site. There is an architectural standard that the Board needs to make a finding if this is consistent with architecture within 500 feet of the project. All of the lighting is consistent with the City’s recently adopted lighting standards relative to 6 heights and levels of lighting on site. The site has public sewer and water service. Staff feels that all of the details of the site plan meet the standards of the Zoning Ordinance. This project is also in the non-attainment watershed (Penjajawoc) which requires some additional treatment devices that are on the site plan. What is at issue is this application and while there are lingering questions about the Hogan Road Extension and the Super Wal-Mart, it is the applicant’s burden to demonstrate that this project meets the standards and that the off-site improvements relative to this project are adequate. Mr. Gould indicated that any conditions the Board would want to apply relative to construction or opening based on certain improvements being made, is subject to the Board regardless of what MDOT may find as an appropriate set of standards. From the beginning, it was always the City’s position that the Hogan Road Extension needed to be part of this project. The City has gone to great lengths to make it part of this development. Mr. Gould indicated that it would be appropriate that that be made a condition of approval, as well as, a condition that the project wouldn’t open the doors until those improvements are in place. Because the Wal-Mart site has not requested a revised site plan with an access off of Hogan Road Extension to divert traffic away from the drive-way entrance, Mr. Rosenblatt indicated that he did not feel that the present applicant met the burden of proof with respect to criteria c of Section 165-144 as to driveways into this project nor could he conclude that the applicant has met its burden of proof with respect to the traffic components of the conditional use criteria. He asked the Planning Officer for his thoughts to the contrary. Planning Officer Gould asked if there was a way with conditions that he could get to a point that he is comfortable that the construction of Hogan Road Extension is a requirement of this project. Ms. Mitchell asked Mr. Ring to address Councilor Gratwick’s question regarding financing of Hogan Road Extension. Mr. Ring explained that the City Council has had discussions as to whether the City of Bangor was going to participate in funding off site improvements such as the Hogan Road Extension. The City’s source of funding comes from various sources, some funding is already in place as part of its capital work program, some involves donations from various parties including Wal-Mart, as well as, a dedication of some of the tax revenues. The City Council decided that it would use 25% of the tax revenues from the new Wal-Mart Supercenter to off-set some of the costs of the improvements. Mr. Ring explained that Councilor Gratwick indicated that the 25% of the taxes from this project might be considered a TIF. This is a City Council funding or budgetary question. Mr. Rosenblatt asked if notice had been given to abutters. Planning Officer Gould indicated that notices were mailed to the abutters. Attorney Bearor indicated that neither Wal-Mart nor W/S Kittredge, LLC sought a TIF District or arrangement. He asked if the Board was inclined or disinclined to approve the application for them until they see an amendment to the Wal-Mart site plan showing the Hogan Road Extension. Chairman Guerette indicated that this project approval will be conditioned upon the Hogan Road Extension project being completed. Mr. Rosenblatt indicated that that was not his view. Attorney Bearor indicated that if Mr. Rosenblatt 7 wanted an amendment to the Wal-Mart site plan it would have to come with the City’s cooperation because they are the one’s that are designing, permitting and building the Hogan Road Extension. If it is the Board’s wish to approve this on the condition that the Hogan Road Extension be built, he asked that the Board consider not including the bank facility in that condition because they are under a time constraint as they cannot have a bank open and then open up another bank at another site. Chairman Guerette suggested that the bank come back before the Board at a later date to request a conditional approval to open and at that time the Board would have a much better gauge on what improvements have been undertaken. There being no further comments, Chairman Guerette asked for a motion. Mr. Theeman moved to grant Conditional Use approval at 878V Stillwater Avenue, W/S Kittredge Road LLC, applicant, on the condition that no occupancy permit be issued for the project until the Hogan Road Extension proposed by the City of Bangor is connected to and open into the previously approved Wal-Mart site plan and that the traffic mitigation improvements required by this project be completed prior to the issuance of a certificate of occupancy. Ms. Mitchell seconded the motion. The Board voted 3 in favor and 2 opposed. Mr. Theeman moved that the Board approve the Site Development Plan for 878V Stillwater Avenue W/S Kittredge Road LLC, applicant. Ms. Mitchell seconded the motion, which passed by a vote of 4 to 1. Item No. 4: To amend the Land Development Code by changing a portion of parcels of land located on Kenduskeag Avenue and Griffin Road from Rural Residence and Agriculture District and Low Density Residential District to Contract Low Density Residential District. Said portion of parcels containing approximately 87.3 acres. Judson M. Grant Jr. and Mike Longo, applicants. C.O. # 07-192. Chairman Guerette opened the Public Hearing and asked for a presentation by the applicant or their designee. Ms. Mitchell indicated that she attended a neighborhood meeting in City Hall with regard to this proposal several months ago and asked the Board to determine whether or not she had a conflict of interest. It was the consensus of the Board that Ms. Mitchell did not have a conflict of interest. Mr. Andy Sturgeon, President of Ames A/E in Bangor, represented the applicants who are requesting a contract zone change for property located on Griffin Road and Kenduskeag Avenue. Mr. Sturgeon explained that the communication and cooperation amongst the participants is something that he has never witnessed in past projects. Many meetings were held, issues were identified and a resolution was found. The owner, Mr. Grant, has developed housing for over 600 families in proximity to this project. Other major participants in these meetings included the Kenduskeag Avenue neighborhood and, in particular, Mrs. Quimby and Mrs. Hunter. The neighbors, the Bangor Planning Staff, the City Manager and the City Engineer assisted throughout the process and kept the lines of communication open and helped resolve the many outstanding issues. He also thanked Mr. Steve Ribble for his patience and persistence 8 in getting this contract rezoning request in front of the Board this evening. Mr. Sturgeon indicated that all of the issues have been addressed and they have met the goals of the Comprehensive Plan. Mr. Steve Ribble explained that the applicant is proposing to change an existing 87 acre Rural Residence and Agricultural and Low Density Residential area to Contract Low Density Residential District. There was a previous request to rezone 8 acres of the 20 acre Low Density Residential zoned area. That request met with some controversy and concern from the neighbors, as well as, from some City Staff. It was at that point the owner engaged the services of Ames A/E to meet with the various parties, understand their concerns to come to a consensus to reach a mutually beneficial agreement. Mr. Ribble indicated that the City Council, at its last meeting, approved a land exchange between the City and the applicant in order for the applicant to gain entrance to this site off of Griffin Road to avoid adversely impacting the environment (wetlands) and still maintain the integrity of the project. Mr. Ribble discussed each of the proposed contract conditions indicating that they were designed to mitigate traffic on Kenduskeag Avenue while preserving the basic environmental integrity of this site. Mr. Rosenblatt asked Mr. Ribble to point out the notable features on this site. Mr. Ribble indicated that there were two developable areas on this property one along Kenduskeag Avenue and one that forms a peninsula within a wetland complex. He also pointed out the wetland areas and the areas that are developable on the parcel. They are proposing to maintain a minimum of 40 percent open space. Chairman Guerette asked for comments from proponents. No one spoke in favor of the proposed change. Chairman Guerette then asked for opponents. Mrs. Linda Hunter who resides at 1025 Kenduskeag Avenue indicated that while she was not in opposition she wished to say that for more than 30 years her family has enjoyed the quiet rural nature of outer Kenduskeag Avenue. It saddens her deeply to have this changed and it would be her desire to leave the land as it is. However, she thanked Mr. Grant, Mr. Kiser and especially Mr. Ribble for his effectiveness as a mediator in this process and for listening to and addressing the concerns of the neighborhood and balance those concerns with the demands of development. She also thanked the City Council for referring the previous zone change application to the Transportation Committee where a forum was provided for discussion. She thanked Mr. Ring, Mr. Barrett and Mr. Gould for their creative problem solving. Mrs. Hunter indicated that at the beginning of this process the neighborhood had three major concerns, traffic, environmental impact and piecemeal zoning. This contract addresses, to some extent, all of these concerns. Moving the access to Griffin Road will alleviate some of the impact on Kenduskeag Avenue, a minimum of 40 percent open space and wetland protection will protect some wildlife habitat and perhaps allow for a trail system which they can all enjoy. Having a master plan for the entire parcel allows current residents to plan for the future and alleviate fear about what might happen. She felt that this process was so positive to have everybody sit down and work together and she highly recommended this for other’s coming before the Planning Board. She suggested that a comprehensive open space plan would be very helpful and as development goes to the 9 outskirts of the City and outlying communities. The traffic pressure on rural roads needs to be addressed because those roads are handling more traffic than they were designed to handle. Ms. Pat Cummings, 1142 Kenduskeag Avenue, felt that this has been a positive experience. There has been a respectful and cooperative tone and she felt that this development is going to be one that they can be proud of as a community will enhance the City. Chairman Guerette noted that only a zone change was being considered at this meeting. As no one else wished to speak, Chairman Guerette closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that the application is for a Contract Zone Change on Kenduskeag Avenue for approximately 87.3 acres of land. 20 acres were rezoned to LDR and subsequently there was a request for an expansion to add another 8 acres. Throughout that process the neighborhood’s involvement in learning how the process works is what grew and changed the final outcome. Staff found this consistent with the Comprehensive Plan as it is an area that is proposed for Low Density Residential use. The biggest issue from the beginning was the issue of traffic on Kenduskeag Avenue which is an old narrow roadway that cannot handle a lot of traffic. Two specific contract conditions deal with traffic. One limits trips to 260 trips per day (an average single-family house is ten trips) so on the whole property leading to Kenduskeag Avenue 26 house lots would be allowed. 5 driveways can come to Kenduskeag Avenue and no more which is also extremely limiting. Another condition is that traffic cannot traverse the circulation divide. There will not be a roadway that will be able to cross through from one to another. There is a condition about open space at 40 percent which is very good compared to the 5 % default subdivision standard. They have done a wonderful job to bring this into one package. Planning Officer Gould indicated that Staff finds it consistent with the Comprehensive Plan and recommended that the Board make a positive recommendation to the City Council. Ms. Mitchell with regard to condition “G” - the seasonal motorized use of the trail, asked if the word should be accepted or excepted and if this condition was specific to winter snowmobile use. Mr. Ribble indicated that as written it is an exception so it is excepted from the zoning condition that it could be with owner permission. Seasonal motorized use was designed so that snowmobiles could continue to use it as long as the owner continues to allow them to, but otherwise, it would be just a foot type or bicycle use. Mr. Theeman asked if access could go through the land that is zoned High Density Residential. Mr. Gould indicated that there is no reason why they cannot connect that way. Chairman Guerette indicated that he was pleased to see the outcome and indicated that he was in support of this application as it was in keeping with the Comprehensive Plan. 10 Mr. Rosenblatt moved that the Board recommend that the City Council approve the Contract Zone Change at Griffin Road and Kenduskeag Avenue set forth in C.O. # 07-192. Mr. Theeman seconded the motion. The Board voted unanimously in favor of the motion. NEW BUSINESS Item No. 5: Final Subdivision Plan approval of a three-lot cluster subdivision located at 633 Essex Street in a Low Density Residential District, a Rural Residence and Agricultural District, and a Resource Protection District. Neil Warner, applicant. Chairman Guerette asked the applicant or his designee to make a brief presentation. Mr. Jon Stewart, Plisga & Day Land Surveyors, represented the applicant. Mr. Stewart indicated that this is a 16.8 acre site located on Essex Street. It is a wooded site that is fairly populated with wetlands. The applicant is proposing a three-lot cluster subdivision within the Low Density Residential District. The remaining lands are zoned Rural Residence and Agricultural and Resource Protection Districts. Mr. Warner proposes to grant 3.3 acres to the City of Bangor of open space to the rear of the site which is part of the old Veazie Railroad bed that has existing trails. Mr. Warner is also proposing to connect that Veazie Railroad bed to Essex Street via a new 15 foot wide trail in the form of a public easement. In April, because it is located in the Penjajawoc Overlay Zone this plan was presented to the Marsh Mall Committee and it received a positive review. Chairman Guerette asked what the applicant proposed to develop on the three lots. Mr. Stewart indicated that the current plan is for the future purchaser of each lot to develop them residentially. Regarding the remaining lands, the applicant is proposing to build his own residence there. Chairman Guerette asked for Staff comments. Planning Officer Gould explained that this is an application for Final Subdivision Plan approval of a three-lot minor subdivision located on Essex Street. There are no public improvements proposed within the subdivision thus making it a minor subdivision plan. This subdivision does fall into the Marsh Mall Overlay District which requires any subdivision development be done as a cluster development. In this instance, it has been Mr. Warner’s intention to convey the rear part of the property along the old Veazie Railroad bed to the City which the City Council has accepted. There is water and sewer service along this portion of Essex Street and the proposed lots will have access to those utilities. In looking at this Staff felt that it would be good for the homeowners in the three lots on Essex Street to be able to access the trail system from their lots without having to go out to Essex Street. The applicant was agreeable to adding an additional area to the trail easement for this to happen. Planning Officer Gould indicated that all of the requirements of the Land Development Code have been met and Staff recommended approval. 11 Mr. Rosenblatt asked about the land to be retained and what the City’s policy is in terms of what can take place on that property without further subdivision approval. Mr. Gould indicated that the applicant could either sell the three lots and wait for the time frame to evolve that would not trigger subdivision approval or he could come back before the Board to receive further approval. Chairman Guerette asked if future owners of the lots could subdivide the lots. Mr. Gould indicated that it could be possible but they would have to do it as a cluster development which might be difficult for them to come up with a minimum lot area and provide 35% open space. Chairman Guerette asked if there were any comments from the audience. Mr. Wilbur Worcester, 603 Essex Street which abuts this property, indicated that the proposed trail was wet and there were wetlands in that area. He expressed his concern about having a home built on the remaining land as that, too, had wetlands. He noted that there was a sewage system that runs down through the trail which is connectable and he asked the Board to take those issues into account. Mr. Stewart understood his concerns and indicated that he could not make any guarantees but the limiting factor as far as development goes back there is going to be DEP’s regulation of some of those wetlands. Mr. Stewart explained that they are considered significant wetlands which require an 8 to 1 exchange of open space for any land that is disturbed in those areas. This means that there will never be any significant development back there. Also because of the slopes, it would be extremely expensive to building a roadway to access that land. Mrs. Lucy Quimby, 1230 Kenduskeag Avenue, who she sits on the Bangor Trails Project Committee and indicated that the two projects (this one and the proposed development on Kenduskeag Avenue and Griffin Road) will contribute to the development of the Bangor Trails System. Chairman Guerette asked for a motion. Mr. Rosenblatt moved that the Board grant Final Subdivision Plan approval for the proposed subdivision at 633 Essex Street, Neil Warner, applicant. Mr. Clark seconded the motion. The Board voted unanimously in favor of the motion. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Guerette indicated that the Minutes of February 20, 2007 and March 20, 2007 were in order for approval. Ms. Mitchell moved to approve both set of Minutes. Mr. Theeman seconded the motion. The Board voted unanimously. There being no further items for discussion, the meeting was adjourned at 9:28 p.m.