HomeMy WebLinkAbout2007-03-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MARCH 20, 2007
MINUTES
Board Members Present: Robert Guerette, Chairman
Nat Rosenblatt
Miles Theeman
Laura Mitchell
Allie Brown
Jeff Barnes
Roch Le Blanc
City Staff Present: David Gould
Jim Ring
John Hamer
Peter Witham
Bud Knickerbocker
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m. In the absence of
Board Member Clark, Associates Members Brown, Barnes and Le Blanc were asked to
alternate voting on the issues beginning with Ms. Brown.
CONSENT AGENDA
Mr. Rosenblatt indicated that he had some questions and asked to remove Item No.
4 from the Consent Agenda for consideration under New Business. Chairman Guerette
asked for a motion on the remainder of the Consent Agenda. Mr. Theeman moved to
approve Items 1, 2, and 3 on the Consent Agenda. Ms. Brown seconded the motion. The
Board voted 5 to 0 in favor. The items approved are as follows:
Item No. 1: Final Subdivision Plan approval of a 10-lot, cluster subdivision
located off of Molly Lane (Molly Lane Extension) in a Low
Density Residential District and a Resource Protection District.
LTI, Inc., applicant.
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Item No. 2: Site Development Plan approval to construct a 12,000 sq. ft.
building for retail use located at 700V Stillwater Avenue in a
Shopping and Personal Service District. Three Rivers
Development Corporation, applicant.
Item No. 3: Site Development Plan approval to construct a 100 sq. ft.
telecommunications building and a 120-foot tower at 300
Bomarc Road in an Urban Industry District. V V D Networks,
LLC, applicant.
NEW BUSINESS
Item No. 4: Site Development Plan approval to construct a 5-story, 135-
room, 93,968 sq. ft. hotel on a portion of 109V Haskell Road in
a General Commercial and Service District. Dublin “5” LLC,
applicant.
Chairman Guerette asked if the applicant or their representative was present to
answer questions. P. Andrew Hamilton, Esq., represented the applicant and indicated that
Fred Marshall from Plymouth Engineering was also present to answer questions.
Mr. Rosenblatt had a question regarding proposed traffic. He noted that back in
September when the subdivision for this lot was approved, the Staff Memorandum indicated
that the project submittal included a traffic analysis and that future build out would require
a Traffic Movement Permit (from the Maine Department of Transportation). Also in the
Memo it was indicated that because the actual size of the future build out is unknown, the
City Engineer reserved judgment on the adequacy of existing infrastructure to
accommodate future trips and would participate and offer input during the scoping meeting
required by MDOT for traffic movement permit. Mr. Rosenblatt indicated that it was his
understanding that because the applicant is projecting 97 trips during the peak hour as
opposed to 100 trips that no traffic movement permit would be necessary.
Mr. Randy Dutton, a professional traffic operations engineer with Gorrill Palmer
Associates, explained that it is anticipated that the peak hour for this project will be on
Saturday and will have 97 trip ends. Mr. Rosenblatt asked if that number was based on the
full array of uses at this location. Mr. Dutton indicated that they used the Institute of
Traffic Engineers manual for hotels which are places of lodging that provide sleeping
accommodations and supporting facilities such as restaurants, cocktail lounges, meeting
and banquet rooms or convention facilities, limited recreational facilities such as pools,
fitness rooms and other retail and service shops. The ITE Manual indicated that similar
facilities with similar amenities generated 97 trip ends.
Mr. Rosenblatt asked if they were planning to apply for a Traffic Movement Permit.
Mr. Dutton said that they were not because this facility in and of itself will not require a
Permit. As the subdivision is further developed, it will require a permit and it was his
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understanding that the owner of the subdivision is going through that process at this time.
Mr. Rosenblatt was concerned that a future development in the subdivision that had a use
that did not generate 100 trips ends would also not require a traffic movement permit. Jim
Ring, City Engineer, explained that this project by itself does not require a separate Traffic
Movement Permit. However, it is situated in the overall subdivision and the subdivision
does require a Traffic Movement permit. As to the status of this, Mr. Ring indicated that he
has had several meetings recently with the MDOT traffic engineer and they have been
looking at the types of improvements that will likely be required here. Mr. Ring indicated
that there is a pending application and the final permit has been drafted and will be issued
soon along with the specific traffic mitigation requirements that will include some additional
lane capacity on both Haskell Road and Hogan Road along with the usual signal
adjustments to maximize capacity.
Mr. Theeman asked Mr. Ring to clarify who will be responsible for any road
widenings and improvements to the intersection. Mr. Ring indicated that when traffic
movement permits are issued and mitigation is required that it is the responsibility of the
applicant and not the City. Mr. Theeman asked if those changes should be a condition to
the occupancy permit being granted for this facility. Mr. Ring indicated that this particular
project does not by itself trip the requirement.
Chairman Guerette indicated his concern that because this is a substantial
development and if there were 3 more cars then it would require a traffic movement permit.
He asked if the Board was losing an opportunity to engage this applicant in those mitigation
improvements by having a trip number that is just slightly less than 100. Mr. Ring indicated
that this particular site development falls below the threshold. Mr. Ring noted that in order
for this project to be accessible the rest of the improvements for the subdivision would have
to be built.
Attorney Andy Hamilton indicated that the owners of the subdivision are pursuing a
Traffic Movement Permit. Mr. Mike Waugh, PE of the James W Sewall Company prepared
the traffic permit application for this larger subdivision and he explained that they looked at
this as two phases, one being the hotel and the cell tower and the other being the larger
subdivision. Mr. Waugh indicated that their analysis of those two projects showed that with
some traffic signal adjustments at the existing intersection, there was sufficient existing
capacity to absorb the traffic generated by those two projects and mitigation would not be
necessary until the larger subdivision is developed.
Mr. Theeman asked Mr. Ring if the existing businesses on Haskell Road impacted
this. Mr. Ring explained that when a traffic analysis is done baseline traffic which includes
the existing traffic is looked at and then you work forward from there. When an MDOT
traffic study is done the study also has to take into consideration any permitted traffic by
other projects that may not have been built as background traffic.
Mr. Theeman noted that the plan refers to pool condensers and that a pool may be
constructed. Mr. Hamilton indicated that this will be a Hilton Garden Hotel and that they
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typically have both a pool and an exercise room and that this project will include a pool and
an exercise room.
As there were no further questions or comments, Chairman Guerette asked for a
motion. Mr. Rosenblatt moved that the Board grant Site Development Plan Approval to the
proposed development located on a portion of 109V Haskell Road Dublin “5” LLC, applicant.
Mr. Theeman seconded the motion which carried by a vote of 5 to 0.
PUBLIC HEARINGS
Item No. 5: Conditional Use/Site Development Plan approval to construct a
114,700 sq. ft. building with an outdoor display area greater
than 1% of the gross floor area of the building and to
construct two outbuildings, one 6,000 sq. ft. and one 3,238 sq.
ft., located at 638 Stillwater Avenue in a Shopping and
Personal Service District. Widewaters Stillwater Co., LLC,
applicant.
Chairman Guerette opened the Public Hearing and asked the applicant to make a
presentation. Associate Member Brown was asked to vote. Mr. Jeff Allen, James Sewall
Company indicated that Mr. Kevin Kane, the applicant, had intended to be present but due
to weather related problems could not be at the meeting. He asked Mr. Allen to extend his
apologies to all of the Board. Mr. Allen explained that this is the same project that had
previously received Board approval. The applicant is now requesting a new development
which is a large store to the rear of the site with two out buildings in the front parking area.
Much of this is the same as the Board saw before. The landscaping has been kept as was
originally approved with some additional plantings because this is a conditional use request.
The stormwater system, a bio retention cell system, is the same. The size of the proposed
wet pond has been reduced because the size of the parking area and the size of the
building have been reduced. Patrick Graham, Mike Waugh, and Jeremy Caron from the
James Sewall Company were also present to answer questions of the Board.
Mr. Mike Waugh, Senior Traffic Engineer with James Sewall Company indicated that
they prepared the original Traffic Movement Permit that received approval from the Maine
Department of Transportation when the original usage on this site was to be the Wal-Mart
Project. The Permit was prepared and approved for 1200 vehicles and is still in force and
effect. There were several off-site improvements that were associated with that
construction that include adding additional lanes to Stillwater Avenue from the south Mall
signal up to the Penn Plaza intersection (5 lanes) and a new traffic signal at the
intersection. Mr. Waugh indicated that the applicant will need to construct these
improvements prior to when the facility opens.
Mr. Rosenblatt asked what the Level of Service will be at the new intersection once
improvements are in place. Mr. Waugh indicated that they will have a Level of Service C at
this intersection.
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Mr. Theeman asked Mr. Allen how many other development possibilities there would
be within that complex once it is built. Mr. Allen explained that there is the large main store
to the rear and two outbuildings.
No one spoke in favor of or in opposition to this project. Chairman Guerette closed
the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this
application is for Site Development approval and Conditional Use approval to construct a
114,700 sq. ft. building which includes 27,988 sq. ft. of outdoor sales area. This site has a
fairly long history going back to 1998 when it was first subdivided and Circuit City was the
first development. After that came the Wal-Mart project which was a conditional use as
well. There were numerous approvals and denials and eventually the applicant did not
receive DEP approval. MDOT did grant them a Traffic Movement permit but the off-site
improvements were not constructed. Chili’s was later constructed. Mr. Gould explained that
now the applicant has another tenant that is looking at outdoor storage which requires it to
be a conditional use once again. There are two issues that the Board needs to look at: one
being traffic, and the second being the issue of architectural compatibility with structures
within 500 feet. The Board needs to make a finding that this is architecturally consistent
with buildings within 500 feet. Since the original approval there have been some changes.
There are new stormwater rules in effect. The Marsh Mall Commission did an extensive
review of this and concluded that it meets their concerns. The Traffic Movement Permit
was approved by MDOT some years ago, although the off-site improvements have not been
put in place. However, in order to build the project those improvements do need to be put
in place.
Planning Officer Gould indicated that Staff feels that this application meets all of the
standard conditions for conditional use approval, as well as, the specific conditional use
criteria in the Shopping and Personal Service District. Mr. Gould indicated that Staff feels
that the proposal also meets all Ordinance and submittal requirements. Staff recommended
approval of both the conditional use and site development plan applications with the
condition that before opening to the public that all of the off-site improvements be in place.
Chairman Guerette asked Mr. Allen to explain if the 250 foot area away from the
Marsh was taken from the actual water mark or from the Resource Protection Area. Mr.
Allen explained that the measurement is actually from the upland edge of the wetland.
Chairman Guerette asked if this development would trigger the widening of this access
drive. Mr. Allen indicated that it would.
Ms. Mitchell asked about pedestrian access within the site. Mr. Allen discussed the
access on the site noting that access to the smaller buildings would be through the parking
lot. A pedestrian walkway through the parking area would break up the flow of water that
is proposed to be fed it into the bio retention cells.
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Chairman Guerette asked if they would consider a striped walkway that would
designate an area where pedestrian traffic might occur. Mr. Allen indicated that that could
be added and they would take this under consideration.
Mr. Le Blanc asked where the location is of the trash. Mr. Allen explained that they
propose dumpsters next to each of the buildings and that the large building has a trash
compactor.
As there were no further questions, Chairman Guerette asked for a motion. Mr.
Rosenblatt moved that the Board grant Conditional Use approval to the proposed project at
638 Stillwater Avenue, Widewaters Stillwater Co., LLC, applicant on the condition that the
project not be opened to the public until all of the off-site traffic improvements are in place.
Mr. Theeman seconded the motion. Associate Member Brown voted. The motion passed
by a vote of 5 to 0. Mr. Rosenblatt moved that the Board grant Site Development Plan
approval to this same project on this same condition. The motion was seconded by Mr.
Theeman. The motion passed unanimously.
Item No. 6: Conditional Use/Site Development Plan approval to construct a
2,975 sq. ft. building for a bank with drive-in use, a 14,002 sq.
ft. building for retail use, and a 5,875 sq. ft. building for
restaurant use located at 878V Stillwater Avenue in a
Shopping and Personal Service District. W/S Kittredge Road,
LLC, applicant.
Chairman Guerette noted that the applicant requested that the Board continue this to
the next meeting. Chairman Guerette opened the Public Hearing and asked for a motion to
continue this item. Mr. Rosenblatt moved to continue this item to the Board’s next meeting.
Mr. Theeman seconded the motion. Mr. Le Blanc voted on this item. The motion passed 5
to 0.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes.
Chairman Guerette indicated that the Minutes of the January 2, 2007 Meeting were
in order for approval and asked for a motion. Mr. Theeman moved to approve the Minutes
of the January 2, 2007 Meeting. Ms. Mitchell seconded the motion, which passed
unanimously.
Other Business
Chairman Guerette asked if Board Members were willing to hold a third meeting
every month and that he and Planning Officer Gould have been putting together a list of
items that need the Board’s attention such as follow-up items from the Comprehensive Plan
Update. The City Manager has expressed an interest in meeting with the Board to convey
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some of the global issues that he has interpreted in his dealings with the City Council.
Chairman Guerette indicated that he would like to invite the City Manager to address the
Board and then take the rest of the time to deal with some of these items on the list. It
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was the consensus of the Board to hold a workshop meeting on March 27.
Ms. Mitchell noted that on Friday night from 6:00 p.m. to 8:00 p.m. at the Garden
Show there is a free, open to the public meeting to present a map provided by the Bangor
Trails Group of current trails and proposed connections of trails. Mr. Hamer reminded the
Board that if four or more Board Members attend this meeting they should not talk about
business as this is not posted as a public meeting.
There being no further items for discussion, the meeting was adjourned at 8:08 p.m.