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.