HomeMy WebLinkAbout2006-01-17 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JANUARY 17, 2006
MINUTES
Board Members Present: Robert Guerette, Chairman
Nathaniel Rosenblatt
Hal Wheeler
David Clark
Laura Mitchell
Miles Theeman
Alice Brown
City Staff Present: David Gould
James Ring
Peter Witham
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m.
NEW BUSINESS
Item No. 2: Final Subdivision Plan Revision approval for minor
revisions to the existing approved Edgewood
Subdivision Phase I located off of Essex Street in a
Rural Residence and Agricultural District. Walden
Parke, LLC, applicant.
Mr. Rosenblatt indicated that because he had a conflict, as the applicant is
a current client of his office, he wished to recuse himself from voting. Mr.
Wheeler made a motion to recuse Mr. Rosenblatt from voting. Mr. Clark
seconded the motion and it passed unanimously. Ms. Mitchell was asked to vote.
Chairman Guerette asked the applicant to make a presentation. Caroline
Oldenburg explained that when the road was being constructed there were some
stormwater drainage aspects that were changed on site. She indicated that they
were now requesting approval of those changes.
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Mr. Jim Ring, City Engineer explained that when the project was
constructed the City’s inspectors identified some locations in the field where
there were slightly differing conditions from what the originally designed
topography showed. Mr. Ring indicated that this is not unusual and the changes
were done at that time with the understanding and knowledge that the applicant
would need to file a revised plan. The revised plans show the “as-built”
conditions and correctly change the locations of drainage buffers.
Chairman Guerette asked if any of these changes would compromise the
developer’s ability to properly distribute or handle run off, irrigation or any
situations that might cause undue erosion. Mr. Ring indicated that they did not
and he explained that the inspectors ran into a situation where the design culvert
location or drainage buffer location was not at the actual low point. The buffer
needed to be moved to properly accept all of the drainage that was directed
towards it. There was another change to the cul-de-sac at the end of the main
road going in. If constructed to the design grade it would have been
unnecessarily high and this was lowered. He indicated that he tells his inspector
when they are working on a plan that if they identify something that could be
done better in the field, particularly with respect to drainage, that the City wants
to make those changes at that time.
Chairman Guerette asked the Planning Officer for his report. Mr. Gould
indicated that this is a request for Final Subdivision Plan Revision of the Walden
Parke Project. It was originally approved in April, 2005, and revised on June 7,
2005 because the name of the roadway conflicted with an existing roadway in
another development. As this was being built, numerous small details in the
construction of the roadway changed. The reason that it needed to come back
before the Board is that a number of the stormwater buffers areas changed
(these are areas shown on the plan that may be 65’ x 200’ where stormwater is
directed to level spreaders and then the water goes over this undisturbed area).
A number of those moved and because those are part of the plat that is recorded
in the Registry of Deeds, the surveyors wanted a new plan to record in the
Registry. Mr. Gould explained that Staff felt that the applicant also needed to
submit amended engineering details that go with the easements. While these
changes are small, the only way for an applicant to record a revised plat is to
have the Planning Board to vote to approve it and then it can be signed and re-
recorded. Mr. Gould noted that the Improvement Guarantee is already in place
for this development but this is a multi-phased project and the applicant was
given two years from the initial approval to bring Phase II forward for approvals.
Mr. Gould said that it only makes sense to continue that condition with this new
approval. Staff recommended approval of the Final Subdivision Plan Revision
with the condition that Phase II of this project be submitted within two years of
this approval unless otherwise extended.
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Mr. Theeman asked what the term “Improvement Guarantee” meant. Mr.
Gould explained that the Improvement Guarantee is a Bond, a Letter of Credit,
or some other guarantee that the applicant provides to the City for payment of
improvements should they default on the project before it gets done.
As no one else spoke, Chairman Guerette asked for a motion. Mr. Clark
made a motion to approve the Final Subdivision Plan Revision for Edgewood
Subdivision, Phase I located off of Essex Street, Walden Parke LLC applicant with
the condition that Phase II be submitted within two years. Ms. Mitchell seconded
the motion. The Board voted unanimously in favor of the motion.
Item No. 3: Site Development Plan approval to construct a 1,500
sq. ft. office building and a 9,600 sq. ft. shop building
for a concrete service business at 82V Nadine’s Way
in an Industry and Service District. N.S. Giles
Foundation, applicant.
Chairman Guerette asked for a presentation. Mr. David Hardy, of M.D.
Hardy, Inc. representing the applicant, N.S. Giles Foundations, explained that the
applicant intends to construct two structures at 82V Nadine’s Way. The smaller
1,500 sq. ft. building on the front of the lot is proposed for office use and the
other 9,600 sq. ft. building is proposed for a shop and equipment storage. The
applicant is also proposing a 16 foot lean-to on the side of the shop building to
be used for storage of small form panels and equipment that they can store
outdoors. This project is unique in that part of the property to the rear of the
site is located in the Town of Hampden. He noted that the applicant was on the
Town of Hampden’s Planning Board Agenda for site plan review the following
Wednesday night.
Chairman Guerette asked if the lean-to portion of the project is located on
Hampden land. Mr. Hardy indicated that approximately 70% of it is on Hampden
land and 30% on Bangor land. The front wall toward the north end is proposed
to be closed in but the long wall is open.
Mr. Rosenblatt had a concern that the materials submitted pertaining to
stormwater management indicated that in some instances there appears to be a
pretty substantial increase in runoff from post development as opposed to pre
development. Mr. Hardy explained the stormwater calculations that were a
part of the subdivision approval were discussed with the Department of
Environmental Protection. DEP indicated they felt that the perennial stream that
runs along site had more than enough capability to handle this additional runoff.
He indicated the he has gone with that assumption in working with those figures.
Mr. Rosenblatt asked if all of the stormwater would end up in the stream. Mr.
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Hardy indicated that it would and all of the runoff would actually enter the
stream in three different places.
Chairman Guerette then asked for the Staff report. Planning Officer Gould
indicated that this application is for Site Development Plan approval for N.S. Giles
Foundation which proposes to construct two buildings, a 1,500 sq. ft. office
building and a 9,600 sq. ft. shop building for a concrete service business located
off of Nadine’s Way in a the industrial subdivision that straddles the
Bangor/Hampden town line. As Staff noted at the time of the Subdivision phase,
any projects that would happen to straddle the municipal boundary would likely
need to obtain approvals in both municipalities. Mr. Gould noted that the septic
field for this site does end up in the Town of Hampden but the significant portion
of the building improvements are in the City of Bangor. The lot is over two acres
in size, does have some wetlands, and abuts the stream on the western side of
the property. Staff had some last minute details that needed to be taken care of
and wanted to give Mr. Ring an opportunity to get a look at the stormwater,
erosion control, and septic system and other details. The applicant submitted
revised plans addressing Staff’s concerns relative to the provision of the wooded
buffer on the stream side, and the detailing of the rip rap on the slope side.
Staff noted that because this is two towns it would make sense to make
one of the conditions be to insure that the applicant receive the appropriate
approvals from the Town of Hampden. Otherwise, they cannot complete the
project as shown because the Board cannot approve the parts that are not in
Bangor. Mr. Gould indicated that there are a couple of other State permits that
are involved and it would seem logical that the Board’s approval be conditioned
that the applicant obtain those other State permits. As the details on the plan
are adequate and in order, Staff recommended that the Board grant Site
Development Plan approval with the two conditions.
Mr. Rosenblatt asked if Staff was comfortable with the proposed
stormwater runoff. Mr. Ring indicated that if you look at post development peak
flow in terms of percent increase (using a 25 year storm) it is very large
particularly from Sub Area 2. Mr. Ring indicated that he looked beyond this as
the total discharge from the site moves away from the site to the receiving water
and this is where the focus needs to be. Mr. Ring explained that when you look
at this point it does reflect about a 76% increase in rate, whereas in one of the
subareas, it is 474% rate which is dramatic. The 76%, while it sounds like a big
number in actuality, is about 2 cubic feet per second which is a relatively small
amount and is comparable to what would be discharged through an 8 inch pipe.
Mr. Ring felt that it is important as to where the discharge occurs in the
watershed. When regulatory agencies, such as DEP, look at stormwater, there is
usually one question asked and that question is what amount of stormwater is
going to be discharged. Up until very recently, the way to deal with it is to make
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sure that post development peak runoff rates were controlled to meet
predevelopment rates. In this situation all you are doing is storing and delaying
the water and not decreasing the volume of water. Mr. Ring went on to explain
that the thinking now is that in large watersheds if there is a small increase and
it is located in a lower extent of the watershed, it is often times better to let
those small increases go before the concentration of the entire drainage areas
reaches the point where there are higher flows. If it is held and even metering it
out at a predevelopment rate this contribution is stacked on top of the peak and
the extreme. In this situation it is a large percentage increase but a very small
quantity in a very large watershed.
As no one else spoke, Chairman Guerette asked for a motion. Mr.
Wheeler made a motion that the Board grant conditional approval to N.S. Giles
Foundation for the Site Development Plan to construct a 1500 sq. ft. office
building and a 9600 sq. ft. shop building at 82V Nadine’s Way with the conditions
that portion of the project which is located within the Town of Hampden receive
approval by that community’s Planning Board, and that all necessary approvals
be received from the Maine Department of Environmental Protection pertaining
to the construction work adjacent to the stream on the north side of the parcel.
Mr. Rosenblatt seconded the motion. Mr. Theeman asked if the Planning Office
would advise the Board when these conditions have been met. Mr. Gould
indicated that if they would like notification, the Planning Office will pass this
along to the Board as soon as it is received. The Board voted 5 in favor and 0
opposed to the motion to approve the Site Development Plan with conditions.
APPROVAL OF MINUTES
Item No. 1: Planning Board Approval of Minutes.
Chairman Guerette noted that the Minutes of the October 18, 2005
Meeting were ready for approval. Mr. Rosenblatt moved to approve the Minutes
of the October 18, 2005 Meeting. Mr. Wheeler indicated that for the record that
he had noted to the Planning Office a correction of a statement of his that was
inaccurate. Staff indicated that this would be corrected. The motion was
seconded, and it passed unanimously.
OTHER BUSINESS
Chairman Guerette noted that the Transportation section would be
discussed at the Board’s next Comprehensive Plan Workshop Meeting of January
24, 2005. There being no further business, the meeting was adjourned at 7:30
p.m.