HomeMy WebLinkAbout2006-05-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 15, 2007
MINUTES
Board Members Present: Robert Guerette, Chairman
David Clark
Nathaniel Rosenblatt
Miles Theeman
Allie Brown
City Staff Present: David Gould
James Ring
Peter Witham
Bud Knickerbocker
News Media Present: None
Chairman Guerette called the meeting to Order at 7:00 p.m. In the absence of
Board Member Mitchell, Associate Member Brown was asked to vote.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan approval to construct a
2,800 sq. ft. bank with drive-thru service and a 1,750 sq. ft.
coffee shop with drive-thru service located at 652 Broadway in
a Shopping and Personal Service District. Bangor Savings
Bank, applicant.
Chairman Guerette opened the Public Hearing and asked the applicant or their
designee to make a presentation. Mr. Ray Bolduc, P.E. of WBRC Architects-Engineers
represented the applicant. Mr. Bolduc indicated that Jeff Jeter and Bob Montgomery Rice
from Bangor Savings Bank, Tom Gorrill of Gorrill Palmer Consulting Engineers, and Dan
Miller of WBRC were also present in support of this application. Mr. Bolduc indicated that
the applicant is seeking conditional use and site development plan approvals for a 2,800 sq.
ft. bank with a drive-thru and a 1,750 sq. ft. coffee shop with a drive thru at 652 Broadway.
He noted that other approvals needed for this project included an MDOT Traffic Movement
Permit and an MDEP Stormwater Permit by Rule due to the amount of the disturbed area of
the development. Mr. Bolduc indicated that the existing “Friendly’s” building will be
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demolished and the entrance drive will be reconfigured. Currently there are two drives to
this site and they are proposing to eliminate one of the drives. The applicant is proposing
two drive thrus. Three lanes will serve the bank and one for the coffee shop use. The
drive-thru lane for the coffee shop will queue about 10 cars and the other lanes will queue
at least 5 cars each. They propose 36 parking spaces, circulation areas, and a number of
sidewalks. The site lighting is proposed to be shoebox type fixtures with cutoffs not
exceeding 24 feet in height. The canopy area will have recessed lighting. Mr. Bolduc
indicated that Buffer yards will be Type B along the street right-of-way and Type C along
the sides and rear of the lot. The are also proposing to provide for an additional 10 foot
transition yard adjacent to rear of this property to buffer the existing residential
development. The development will be serviced by public water and sewer. There will be a
decrease in the amount of impervious area on this site as part of this proposal. With this
decrease there will also be a decrease in the amount of stormwater runoff.
Mr. Tom Gorrill Traffic Engineer with Gorrill Palmer discussed traffic. He indicated
that it was their first recommendation to close one of the two existing driveways with the
remaining driveway to be aligned with the westerly driveway to the Broadway Shopping
Center. There is a five lane section in front of the site which has a center turn lane. They
propose to have separate left and right turn lanes coming out of the exiting driveway. Mr.
Gorrill indicated that this project will general enough traffic to require a Traffic Movement
Permit. They have received a draft permit and the only issue is a request that $15,000 be
spent toward implementation of a coordinated signal system along Broadway. This would
be done through BACTS. Mr. Gorrill noted that there was another applicant that has been
asked to contribute $15,000 as well. This will reach the required $30,000 needed to
implement those changes. Mr. Gorrill indicated that the applicant has indicated that it has
agreed to do this and the Permit should be issued soon.
Mr. Rosenblatt indicated his concerns about traffic asked if there had been an
analysis done of the traffic movements and in particular the left turn movements in and out
of the existing driveways and how they relate to each other. Mr. Gorrill indicated that they
have closed one of the two driveways and aligning the remaining one with the Broadway
Shopping Center across the street which is all that they can do with this site. They did do
an analysis of how that driveway would function and the Broadway Shopping Center
movements as well. The two movements are less at a Level of Service F which is not
uncommon for an unsignalized driveway. However, neither driveway rises to the point of
requiring a traffic signal. Mr. Gorrill explained that the key for an unsignalized driveway is
the queuing. They did a queuing analysis at both the driveways for left turns into them as
well as the neighboring Kentucky Fried Chicken site. What they found is that they have
room for about three into their driveway before getting into where the KFC traffic would
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stack. They are only using the 95 percentile queue is one vehicle waiting to turn left in.
That is actually during the p.m. peak and they found it has the ability to function. The
Bangor Area Comprehensive Transportation Study (BACTS) did an extensive study of this
corridor and came up with a signal coordination plan that will implemented after this project
goes in. As far as left turns in they estimated about 77 trips in an hour with about 50 to
turn right T. Gorrill. As far as out turns it was split approximately 62 left and 64 right turns.
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Coming out of the Broadway Shopping Center they estimate 61 right turns out and 22 left
turns out and 27 left turns in. These figures were included in their analysis.
Mr. Clark had questions about the proposed laneage on the site. Mr. Dan Miller
from WBRC explained that there was a lane for the coffee shop that would be entering the
same driveway as the bank. The next three lanes would be for the bank. Someone using
the coffee shop would stay in the inside lane and go around the building to pick up their
order. The bank lanes would be to the outside of this lane.
Ms. Brown was concerned that there is no signage on the plan indicating the
different lanes. Mr. Bolduc indicated that they propose signage on the canopy to direct
traffic and should limit some of the confusion. Ms. Brown asked if the queuing for either
the coffee shop of the bank lanes would interfere with each other. Mr. Bolduc indicated
that based upon the amount of traffic he did not see that that would be an issue. The
estimate a queue of 10 for the coffee shop and the turnover would be fairly quick.
Mr. Theeman that the two handicap spots are in a terrible location because every car
that enters the building complex has to drive in front of them. Mr. Bolduc explained that
reasons they are placed there is because of their proximity to the front door. Chairman
Guerette felt that the proposed design seems a little confusing with the coffee shop lane
being up against the building potentially blocking the view of any bank customers that are
in the other lanes. Mr. Bolduc indicated that the during the Maine Department of
Transportation’s review of this project they preferred this configuration. Mr. Theeman said
that there would be less of a problem if the lanes were reversed. Mr. Bolduc said that
people using handicap spots can go from their cars to the sidewalk into the building. If
parked on opposite side with the traffic lane they would be crossing over the travel lane to
get to the coffee shop which would be the safest way to get into the building.
Mr. Jeff Jeter, Senior Vice President for Bangor Savings Bank, explained that the
banking business is becoming a highly competitive environment and there are benefits to
sharing that lot with other tenants.
Mr. Gorrill indicated that the coffee shop will generate more traffic in the morning
and the bank will generate more in the afternoon. From a traffic perspective they tend to be
somewhat compatible uses in that they their own traffic peaks. The coffee shop use needs
physical contact with the building while bank traffic operates with remote facilities. Mr.
Rosenblatt shared concerns of internal circulation and asked Mr. Gorrill to explain where the
high crash locations in the area are as noted in the submission. Mr. Gorrill explained that
these would be addressed through the signalization study and by closing the other curb cut.
Chairman Guerette asked for comments from proponents. As there were none,
Chairman Guerette asked for comments from opponents. No one spoke in opposition and
the Chairman closed the Public Hearing and asked for comments from Staff.
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Planning Officer Gould indicated that this is a request for conditional use and site
development plan approvals for 4,500 sq. ft. building for a drive-thru bank and coffee shop
use in a Shopping and Personal Service District. Technically, these are two conditional uses
but because they are all integrated as one site staff felt it expedient for the Board review
them as one application. This site is the former Friendly’s restaurant site. The applicant is
proposing to close one of the existing curb cuts. The buffer area between the commercial
development and the residential area in the back now will propose to have a transition yard
and existing pavement will be pulled back further back from those residential properties.
Mr. Gould indicated that the conditional use standards in the Shopping and Personal Service
District require the Board to look at adequate queuing space, to make sure that there is
adequate parking on site. The Board needs to make a determination that the basic site
meets the basic parameters of the zone, that it will not create unreasonable traffic
congestion or hazardous conditions on adjacent streets; that the project will have
appropriate utilities, fire protection, drainage, parking, loading and other necessary site
improvements. Also, the board needs to make a determination that the architectural
compatibility with buildings in the area. The City Engineer has reviewed this and worked
with the applicant on the traffic issues. Regarding stormwater, the actual amount of
impervious on the site will decrease. Staff feels that all of the details of the plan are
complete and would recommend that the Board grant the applicant site development plan
and conditional use approvals.
Mr. Rosenblatt had concerns about the three bank lanes and the queue space is 5
vehicles per bank lane is this adequate? Mr. Gould indicated that over the years, Staff has
looked at whether or not the standards for the required number of queue spaces per lane
should be amended. If you have a single lane you probably need more 7 or 8 spaces
minimum if you have two lanes you would need fewer queue lanes. As you add
additional service windows don’t think you get a pro ratio number of cars queued up. By
having three separate lanes the number of cars queued at each lane will actually decrease.
Mr. Theeman asked how big the sign is that is to the right of the access off of Broadway.
He was concerned that where the handicap spaces are placed and with someone exiting
these spaces might be obscured by the sign and that is different if the handicapped spaces
were somewhere where traffic was stopped. Mr. Bolduc indicated that the sign will meet
the City of Bangor Sign Ordinance requirements. If they were to move the spaces into
another location would that alleviate some of the concerns? Mr. Theeman indicated that he
did not like where they are placed and felt that it was very congested.
Ms. Brown said that if you are a handicapped person, placing the spaces away from
the building she felt would be less acceptable. The whole reasons for a handicapped
entrance because they need to get into the doors as easily as possible.
Chairman Guerette had a question regarding the proposed traffic study and if any
off-site improvements were being proposed. Planning Officer Gould explained that no one
is proposing any off-site improvements. What MDOT is asking this applicant to do is to
contribute a certain amount of money ($15,000) that will go towards paying the cost of
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tying the signals on Broadway together so that they all will act together as a system as
opposed to independently trying to create gaps and management the flow of traffic better.
Mr. Jim Ring, City Engineer, indicated that last year the City of Bangor made a
request through BACTS, who undertakes studies in corridors where there is congestion.
There were two locations that the City felt that there was a need to do a traffic study to see
what could be done to improvement efficiency and safety. The two locations identified in
Bangor were this section of Broadway and a section of Outer Union Street as they both
carry a lot of traffic, there are a lot of driveways because development occurred some time
ago and many had double driveways, some had 5, spacing of traffic signals issues with lack
of good progression. We’ve made some improvements there in recent years but the City
really wanted to undertake a study to see what else could be or should be done to improve
traffic flow in those two corridors. There are three other underlying reasons for that
request. 1) safety concerns where there was some accident history both of those corridors
have some high crash location and we wanted to see if those could be addressed. Also saw
an increase in traffic on these corridors and we have seen a growth of traffic from the
outlying areas coming into the City generally in the morning and in the evening. Lastly we
saw a number of sites on both corridors as either being development sites or
redevelopments sites. The studies were undertaken. The Broadway study has been
completed and has identified a number of improvements to the signal system short of
adding new signals. We have signals at fairly regular and frequent intervals there what
won’t work well is adding more signals that are too close to each other. We look at
improving timing the interconnection which never was completed and that is something that
you may remember back when MDOT did the five lane widening project in the mid 1990’s.
Interconnection is one way of improving the flow through there. Another interest thing that
came out of this study that with some equipment changes, such as detection equipment as
well as modification to the actual controlling systems there could be a significant increase in
green ban width which is the number of seconds that you may not only hit one intersection
but can continue through without hitting red lights. These adjustments and additions to the
signal system will need funding. MDOT is aware of this and MDOT participates in the BACTS
process, has attended the presentations and discussion of the traffic study and saw this
project as well as another to be an opportunity where some funding could be secured to
implement these recommendations sooner. Based on the study, Mr. Ring felt that this
would make some significant improvements to address the existing issues, as well as, for
any new development in the area. This is anticipated to be done this summer. Mr. Ring
indicated that one of the things that he looks at is not just the number of driveways and the
spacing of driveways and one of the advantages that I saw to this sight layout compared to
what has existed there is that the separation from the conflicting left-turn movements was
spaced out. He appreciates their concern for curb cuts.
Chairman Guerette noted that if Friendly’s decided to reopen their business they
would not need to come before the Board for approval. He said that he is thankful that this
new project will trigger the traffic signalization study and improvements in how traffic
moves along Broadway. He felt that the application meets all of the minimum standards of
the Land Development Code and he intended to vote in favor of the project.
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Mr. Rosenblatt moved that the board grant Site Development Plan approval to the
proposed development at 652 Broadway Bangor Savings Bank, applicant. Mr. Theeman
seconded the motion. Mr. Rosenblatt indicated that he had some concerns about this site
in regard to traffic but this location had a previously existing business and the applicant is
entitled to propose a development and take a risk that the design will or won’t work. He
agrees that the project meets the standards of the Ordinance and he intended to vote in
favor. The Board voted 4 to 1 in favor of the motion. Mr. Rosenblatt moved to grant
Conditional Use approval to the proposed development at 652 Broadway, Bangor Savings
Bank, applicant. Mr. Theeman seconded the motion. The motion carried unanimously.
Item No. 2: To amend the Land Development Code by changing a portion
of a parcel of land located at the end of the Harvard Street
Right-of-Way from General Commercial and Service District to
High Density Residential District. Said parcel containing
approximately 5.5 acres. John Largay and A. Shapiro,
applicants.
Chairman Guerette opened the public hearing and asked for a presentation by the
applicants or their designee. Mr. Jim Kiser, of Kiser & Kiser, represented the applicants. He
explained that this parcel is located at the end of Harvard Street. They have been working
with Staff close to a year to try to facilitate some access and conformity with the lots off the
end of Harvard Street extension in order to bring them into conformance with current
criteria for lot frontage and size criteria. A major drawback to that was the zoning of this
parcel as commercial. One big concern was the potential for traffic to access out into the
residential if it were to remain commercially zoned and become developed. They are
seeking support from the Planning Board to move this forward so that these lots can be
properly accessed from Harvard Street.
Mr. Theeman asked how many dwellings and what the configuration would be for
this lot. Mr. Kiser indicated that they have not looked at that at this point. There is the
issue of the parcels abutting the Harvard Street right-of-way. One has 35 feet of frontage
and the other has about 15 feet of frontage on Harvard Street. Neither one of them has
enough frontage to be developed as a legal lot. What the intent is is to try and create a
small extension with a cul-de-sac roadway to be able to create frontage on both of those
lots. At the current time, this particular lot has no proposal for it and he is not aware of any
development on the other lot at the current time. Any project will need to come back
before the Planning Board for approval.
Ms. Brown asked if Harvard Street is paved up to those two lots. Mr. Kiser indicated
that the right –of-way thru and between the two lots is currently undeveloped.
Guerette asked Mr. Kiser to describe access to Harvard Street. Mr. Kiser indicated
that this property is totally landlocked with the exception of a 15 foot undeveloped right-of-
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way and the abutting parcel is totally landlocked with the exception of 35 feet of frontage
on the row.
Mr. Rosenblatt asked what would be required for access to this parcel from Sylvan
Road. Mr. Kiser indicated that he thought that they would have to cross over other
property that is either owned by EMCC or Eastern Maine Medical Center on Sylvan Road
Chairman Guerette then asked for comments from proponents. Mr. John Largay,
partial owner of the property spoke in favor. He noted that the owners of the contiguous
property (the Cochrane’s) to the west of this property were also present. Mr. Largay
explained that the Cochrane were interested in trying to develop their property into multi-
family or to condominiums and their parcel is zoned for this use. Mr. Largay indicated that
they asked him if he would be willing to apply for a zone change for residential use of him
property. He said that initially he had talked with Eastern Maine Community College about
expansion onto a portion of this property. Presently there this property is directly
contiguous to five residential homes. He did not feel that it made sense to have an
industrial or commercial use adjoining the back of their properties. But by the same token
they wanted to get as much for the property that they possibly could because it is an
investment. In talks with City Staff, a compromise solution was proposed to allow EMCC to
buy 2 or 3 acres of the parcel and rezone the remaining parcel for residential use. This
seemed to be the best compromise and more conforming to the neighborhood. Mr. Largay
indicated that he would prefer to do is build a single-family home on a 2.5 acre lot and at
this point he could not speak for what his partners would like to do with the parcel.
Chairman Guerette asked Mr. Largay if he had an agreement with the abutting land
owner to provide access to their site once this site is. Mr. Largay indicated that they had an
agreement that they would use the access it in common
Mr. Rosenblatt indicated that one way to try to reduce the impact upon the
neighborhood would be to limit the density of the residential development that would be
permitted on the parcel. The High Density Residential District allows for high density
development which could create a lot of traffic. This site may be able to accommodate a
less dense residential development with fewer people and less traffic that the street system
could better handle. Mr. Largay explained that they are proposing to reduce land that
could be used for commercial use to multi-family use. He indicated that he would not be in
favor of that because he felt that they have significantly reduced the value of the property
in order to request this change. Mr. Largay indicated that he did not think it was fair to ask
him to reduce it further.
Mr. Jim Kiser, P.E. representing John Largay and the heirs of Abraham Shapiro
indicated that they were requesting a rezoning of land off Harvard Street to residential
district. Their intent was to extend Harvard Street to create conforming lots. In working
with City Staff the concept to rezone the commercial parcel to match the adjacent High
Density Residential District was developed. Mr. Kiser indicated no project plans or concepts
have been developed at this point in the process.
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Mr. John Largay indicated that he owned this parcel with the heirs of Abraham
Shapiro. He has a shared access agreement with the abutting property to the west. He
understood that there would be concerns about commercial development abutting on
residential homes and had agreed to a compromise on land use to gain access but retain
some value. Mr. Largay indicated he would possibly build a single family home on 2 -1/2
acres and as far as his co-owners, he would presumed multifamily or condominium
development. Mr. Largay indicated that the remaining commercial land would possible be
developed by Eastern Maine Community College and not a mobile home park. Mr. Largay
indicated he could not support any limitations on development density as it would further
impact the lands’ value.
Chairman Guerette then asked for comments from opponents. Mr. Pete Larson of
137 Dartmouth Street wanted to know more about what was proposed, what the potential
traffic impact would be, and if there was wetland on the property.
John Cangelosi 169 Juniper Street was concerned about the variety of uses that
would be allowed such as large apartments and mobile home parks, and also expressed
concern about traffic impacts. He indicated that he would rather have college uses
(dormitories or other buildings) on this parcel with no access to Harvard Street.
Ms. Susan Hall, 131 Dartmouth Street, indicated that she would rather see the
vocational school expansion with access to Sylvan Road than have impacts from a
multifamily development on this quiet neighborhood.
Ms. Amy Cangelosi 169 Juniper Street, asked if the single family neighborhood would
be protected from multi-family traffic volumes. Mr. Errol Cleveland of 78 Harvard Street
was opposed to any project and not in support of mobile homes.
Chairman Guerette closed the Public Hearing and asked for Staff comments.
Planning Officer David Gould indicated this request was a follow-up to discussions the City
has had concerning the extension of Harvard Street. The Staff had indicated they would not
support the extension of Harvard Street if it were to serve commercial traffic into the
residential neighborhood. Staff felt that any commercial development should be accessed
from Sylvan Road. Planning Officer Gould reviewed the history of the City’s Land Use Policy
and zoning for this area including the 1960 industrial development of Sylvan Road, the
change to commercial use of that area in the late 1980’s, and GC&S zoning in 1991. Mr.
Gould indicated that Staff felt that high density residential zoning would be more compatible
with the residential neighborhood than a heavy commercial zone that allows hotels, auto
dealerships and similar uses.
Chairman Guerette asked for discussion and/or a motion. It was the consensus of
the Board that because the density of any future development was unknown, there was not
a proposed plan, and there were no assurance as to traffic levels they could not support
changing the zone that would potentially allow access to this single-family neighborhood.
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The Board that retaining the commercial development potential with an access to Sylvan
Road was preferable in their view. Mr. Rosenblatt moved that the Planning Board
recommend that the Council approve the proposed zone change for the property located at
the end of the Harvard Street right-of-way for John Largay and Heirs of Abraham Shapiro,
applicants as set forth in Council Ordinance 07-173. Mr. Theeman seconded the motion.
The Board voted unanimously to not recommend approval.
NEW BUSINESS
Item No. 3: Site Development Plan approval to fill and grade property
located at 1549 Broadway in a Shopping and Personal Service
District. Grant Realty Corporation, applicant.
Chairman Guerette asked for a presentation by the applicant or their designee. Mr.
Jim Manzer, PE of Ames A/E, representing the applicant explained this proposal is to stage
approximately 5,000 cubic yards of soil on 1.5 acres of a 25 acre lot. The fill is sited so as
to provide for setbacks from the wetlands on the site. There will be silt fencing of the area
of disturbance away from the wetlands. The applicant proposed to utilize an existing
driveway to minimize any site disturbance close to the road to minimize impacts on existing
vegetation across the frontage of the site. Mr. Manzer explained that ultimately, the
applicant would like to use this site for a site development project at some later date and
this material will be utilized at that time. In the meantime this provides an opportunity for
some settlement of the underlining soils of the site. This is a technique used frequently
which is call freeloading which allows for a more stable subsoil in which to building on.
They project 350 loads over a six week, five day a week period with approximately 12 loads
a day.
Ms. Brown asked if this was a short lived project. Mr. Manzer indicated that it would
take approximately six weeks to put the piles in place which will remain there until a future
site development occurs. Ms. Brown asked what buffering was proposed. Mr. Manger
indicated that they propose to leave the existing 60 feet of vegetation along Broadway and
40 feet along the side towards Glenburn. The soils will be left there to firm them up for
ground improvement. When the site is developed it will be pushed aside and used in critical
areas for construction purposes.
Mr. Theeman asked if this would be a staging area and if there would be trucks
hauling it back off the site and what kind of materials would be stockpiled there? Mr.
Manzer indicated that it is the applicant’s intent is to utilize the materials on the site at a
future date. There would no sand, no gravel no mulch or loam just basic soils that have
clays or are organics.
Chairman Guerette asked for the Planning Officer’s report. Planning Officer Gould
explained that this application is a request for site development plan approval to fill and
grade at 1549 Broadway in a Shopping and Personal Service District. Staff has no concern
with a simple fill and grade operation. However, what is of concern is that this same
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applicant received approval from the Board in 2000 for a fill and grade operation down the
street. For years the Code Enforcement Office chased the applicant to bring the fill and
grade back under control and it never got under control. Staff does not want the same
situation to happen again at this new location. Because this site is located adjacent to a
dwelling, Staff indicated that they would like for the Board to consider the hours of
operations and an end date when it will be complete. Mr. Gould indicated that Staff has no
issue with filling and grading but does have a concern in situations where materials are
stock piled that get out of control and never comply with the originally granted approvals.
Mr. Theeman asked if this could be accomplished through conditional approval.
Chairman Guerette indicated that he felt that it could be. Mr. Theeman asked Mr. Gould
what type of condition that could be placed upon approval. Mr. Gould indicated that this
should be done cooperatively with the applicant. He indicated that he felt that there should
be hours of operation established such that whoever resides next door might have some
reasonable expectation of some hours of peace and quiet.
Mr. Manzer indicated that hours of operation and an end date are perfectly
reasonable conditions. He explained that when he was asked to do a grade and fill permit
he did his best to put in place the best management practices for erosion and sediment
control and site stabilization because he understood that a previously approved fill and
grade down the street would be a subject of discussion. Mr. Manzer indicated that he
understood the reservations felt by Board Members about but it is his understanding that
this site will be completed within the normal parameters of site plan approval and that the
fill would be at the contours as shown on the plan stabilized, grassed over and completed
within that timeframe. However, he indicated that he was reluctant to volunteer hours of
operation on behalf of the applicant.
Ms. Brown asked if it would be reasonable to table this item to the next meeting in
order to ask the applicant to come before the Board to answer some of these questions.
Chairman Guerette felt that Mr. Manzer was sent to the meeting to speak on behalf of the
applicant and the Board could instruct him to instruct the applicant the wishes of the City.
The Board discussed the hours of operations, starting and completion dates, and
proposed conditions of approval. Chairman Guerette indicated that he would support a
condition which limited the hours of operation from 7 a.m. to 5 p.m. Mr. Rosenblatt moved
to grant Site Development Plan approval for the proposed grade and fill at 1549 Broadway
Grant Realty Corporation, applicant, with the condition that the hours of operation of the
grade and fill activity be restricted to 7 a.m. to 5 p.m., Monday thru Friday. Mr. Theeman
seconded the motion. The Board voted unanimously in favor of the motion.
Item No. 4: Planned Group Development and Develop mental Subdivision
Plan approvals to construct 24 single-family attached dwelling
units (twelve duplexes) in a Low Density Residential District
located at 745 and 785 Mount Hope Avenue. Meadowbrook
Ridge, LLC, applicant.
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Chairman Guerette asked for a presentation by the applicant. Mr. Fred Marshall,
Plymouth Engineering, representing the applicant, explained that this project received
Conditional Use and Site Development Plan approvals from the Board, previously. The
applicant is now requesting Planned Group Development and Developmental Subdivision
approvals so that the applicant can sell the individual units. In this process, they are
proposing several reserved areas to allow future development of the remaining lands in the
back of the lot. This does not change any of the boundaries or the footprint of the
development.
Chairman Guerette asked if at the time of the prior approvals if the applicant
anticipated selling the units. Mr. Marshall indicated that that was the plan but the applicant
was looking at a different format. At the advice of their attorney they are now requesting
planned group development and Developmental Subdivision Plan approvals.
Mr. Stevenson Sheppard explained that the fundamental change here is that they
were originally looking at a condominium development. After review, the applicant’s
attorney recommended that they pursue this as a planned group development instead
because of vagaries in the condominium process. They are looking to get the title aspects
of this in line in order to sell them as planned group development units rather than
condominium units.
Chairman Guerette asked for the Planning Officer’s report. Mr. Gould indicated that
this Board previously approved this site development plan and conditional use and this
application is the same project but the applicant is now requesting subdivision/planned
group development approvals. This will allow the developer to sell each unit individually
such that they will get ownership in one of the numbered units on the plan; get some
ownership in the common areas as depicted on the plan. This will specifically sets down the
details of the property as to the exact boundary, the location of the units and will have a
development agreement. Staff feels that this meets all Ordinance requirements and is
basically a procedural step.
Mr. Rosenblatt moved that the Board grant Planned Group Development and
Developmental Subdivision Plan approvals for the proposed development at 745 and 785
Mt. Hope Avenue, Meadowbrook Ridge, LLC, applicant on the condition that the applicant
provide the Planning Office with an executed Planned Group Development Agreement. Mr.
Theeman seconded the motion. The motion carried unanimously.
APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
There were no Minutes for Board consideration.
Other Business
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nd
Chairman Guerette reminded the Board that at its May 22 meeting the traffic
consultant would be present to discuss the Maine Department of Transportation’s Traffic
Movement Permit process.
Planning Officer Gould discussed a prior handout regarding open space and asked
the Board for feedback.
There being no further items for discussion, the meeting was adjourned at 9:25 p.m.