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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. 2 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. 3 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. 4 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 5 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.