HomeMy WebLinkAbout2005-12-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF DECEMBER 20, 2005
MINUTES
Board Members Present: Robert Guerette, Chairman
David Clark
Harold Wheeler
Laura Mitchell
Alice Brown
Miles Theeman
City Staff Present: David Gould
Peter Witham
News Media Present: None
Chairman Guerette called the meeting to order at 7:00 p.m. In the Absence of Board
Members Rosenblatt and King, Chairman Guerette noted that Associate Members Mitchell,
Brown and Theeman would be voting.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan to construct a 3,230
square foot restaurant with drive-through service at 594
Broadway in a Shopping and Personal Service District. Tim
Horton’s (New England), Inc., applicant.
Chairman Guerette explained the Public Hearing procedure in that the applicant would
be asked to give a presentation, followed by comments from proponents and opponents, the
Public Hearing closed, and then comments from Staff.
Chairman Guerette opened the Public Hearing and asked for a presentation from the
applicant. Mr. Jim Parker, P.E. of Civil Engineering Services, represented the applicant. Also
present were Sean Gilbert and Peter Heddrick, who has done some traffic work for the
applicant. Mr. Parker explained that this application is for conditional use/site development
plan approval at 594 Broadway to replace a former gasoline service station with a Tim
Horton’s restaurant.
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Chairman Guerette indicated that with another establishment on Broadway that has
restaurant service with a drive-thru, one of the concerns is going to be the vehicle movement
on the lot and how the applicant will accommodate for vehicles queuing up to the drive-thru.
Mr. Parker indicated that there is room to accommodate ten cars in the queue. The applicant
has additional land from that of the service station lot that makes it possible to wrap the
traffic around the site.
Mr. Peter Heddrick, Gorrill Palmer Associates, indicated that they did a preliminary
traffic evaluation and a scoping meeting application to the Maine Department of
Transportation (MDOT) for the project. As was indicated there is stacking on-site for about
ten cars before interfering with any parking on the site with area for an additional eight cars
before getting out to Broadway. His firm has done traffic counts at six locations around the
state to get a handle on the trip generation and the type of traffic that this use generates.
They are forecasting in the morning peak hour 250 trips for approximately 125 customers in
and out and about 67 trips in the afternoon peak hour in and out. They project that
approximately 70 percent of that traffic is pass-by traffic that is already there and not really
adding a lot of traffic volume on Broadway. As there are four lanes and a center turn lane on
Broadway, they feel that the traffic can be adequately accommodated.
Chairman Guerette then asked for comments from opponents. There being none, he
closed the Public Hearing and asked for comments from Staff. Planning Officer Gould
explained that the application before the Board is for Tim Horton’s, Inc. requesting
conditional use and site development plan approvals to construct a 3,230 sq. ft. restaurant
with a drive-through window in the Shopping and Personal Service District (S & PS). The
proposed restaurant would have 64 seats inside. On Broadway they propose two curb cuts,
one will have left and right turns and one with a right-turn only lane. The S & PS District
requires that a drive-thru use have a minimum C Buffer. In this instance, the property abuts
a residential district which requires that a transition yard be provided and there is
approximately 34 feet of C-1 Buffer proposed. Mr. Gould indicated that at the time the Staff
Memorandum was written, a number of the elements of the application were incomplete.
The applicant’s representative came into the Planning Office a couple of hours after the
Memorandum was mailed to the Board with a packet of additional information and revised
plans that Staff had requested. The revised plans meet the front setback, provide
architectural details on the bulk and form of the proposed building, and traffic information
supporting that this proposed use will not create unreasonable traffic congestion or
hazardous conditions on adjacent streets. Now, Staff is comfortable that the Board has
adequate information to review the conditional use standards. There are a few items on the
plan that Staff would like to the applicant to address. One being that the front setback is
identified on the chart on the plan incorrectly. Mr. Gould indicated that if the Planning Board
is comfortable that the applicant has adequately addressed traffic and that there may be off-
site improvements required as a part of the MDOT Traffic Permit. Staff suggested that the
Board condition approval that the operation not be open to the public until any off-site
improvements are in place. This would avoid the potential of them generating traffic when
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the improvements are not in place. These are separate permitting issues but this is one way
for the City to bridge the gap between the two.
Mr. Jim Ring, City Engineer, indicated that additional information was submitted by the
applicant and that he was confident that the traffic infrastructure will handle the predicted
flows that this new facility will generate. Rather than using standard trip generation tables,
the projections for this facility were derived from actual studies and counts done for similar
facilities. The counts look good and he did not believe that there would be any problems.
Queuing space is always an issue and many existing facilities with similar functions do
generate some queues. The applicant in this case has done a good job working with the site
to provide up to 20 spaces if cars are allowed to queue in the regular parking area. One
thing that he would like to see that he has not seen is an actual simulation model and this
could be done through the MDOT permitting process. Mr. Ring indicated that he has
discussed with the MDOT Traffic Engineer and he agrees with this.
Mr. Theeman referring to Mr. Ring’s Memo asked for clarification as to what he meant
by any additional local approvals. Mr. Ring indicated that local approvals include that of the
Planning Board and a traffic permit. Because of the number of trips that this particular
project will generate, MDOT requires a Traffic Movement Permit. While this is a separate
process, he wished to note the connection between the two even though they are separate.
Ms. Mitchell noted that Mr. Ring had indicated that they could queue 20 cars if the
queuing is allowed in the parking area and asked if this was through the site or in a parking
space. Mr. Ring indicated that there is a clear queue of 10 spaces which is more than the
City Ordinances require. There is space through the parking area (not the actual parking
spaces) to handle up to 20 cars.
Chairman Guerette asked if queuing could take place out onto Broadway and what
could be done to prevent this from happening. Mr. Ring said that this was a very good
question and is among the things that Staff considers. As one would expect the traffic
projections estimate that the highest amount of use or patronage to this facility is in the
morning. At least 70 percent of them are considered drive-by trips of people who are already
there. If this was proposed on the opposite side of the street so it meant all left-hand turns
there would be a different set of concerns. He did not feel that the queuing or the in-bound
traffic should be that much of a problem. There is a center lane and this can provide some
queuing space which is a better situation than when you don’t have the center lane. There
is approximately 150 feet of queue lane that is available for storage. The real way to be
totally sure of that is to have a good traffic simulation model.
Mr. Clark had a concern that it may be difficult to make a left-hand turn and because
this proposed use will generate a great deal more traffic that the Texaco Station did there
may be more cars queuing from this site. Mr. Ring said that he felt these concerns are very
valid. He did feel that the site layout is much more accommodating in terms of the demand,
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because of the length of the queue, and the driveways on the project site. The left turn out
movement can be very difficult but it is too close to adjacent signals to add another signal.
Mr. Wheeler indicated that he would like to inform the Board that this structure has
been in place as a service station for more than 40 years. If the traffic were overlayed in
and out of that facility during the 1960’s and 1970’s with the relative volume of traffic at that
time we probably would not find a too great an incremental difference.
Ms. Brown indicated that there were arrows going around and in the front of the site
that appear to be one-way traffic exiting out and that there is no a sign to indicate that. She
asked if there going to be something there to alert the public to that fact. Mr. Parker
indicated that there will not be two-way traffic in front of the building and the applicant
would provide a do not enter sign.
Mr. Theeman asked the Planning Officer to list those items that Staff feels that have
not been provided. Mr. Gould explained that beyond the issues of traffic there are a few
annotation notes that Staff would like to have corrected on the plan. There is a place on the
plan where it talks about the building setbacks of the district and it lists the setback as 40
feet where it is a 50 foot setback. The other things that Staff requested that someone clarify
is some of the adjacent site encroaches on this site and there is a light pole in the other
parking lot on the plan that says existing light to be moved. It is not their light so it is an
existing light to be “removed.” It is not going to get relocated to another location on this site
and needs to be noted on the plan.
Ms. Brown indicated that she noticed on the southerly portion of the site that there is
a number 6 rebar set and asked where that information was coming from as only an
engineer stamped the plan. Mr. Parker noted that Mr. Plisga had given them a plan and this
plan shows the pins that they will be setting. Mr. Parker explained that the surveyor
normally would not set those pins until they start the construction work. Ms. Brown felt that
there should be a note to say this. She asked for a clarification about the proposed fence
and pavement that appear to be an encroachment issue. Mr. Gould explained that the
adjacent parking overlaps off of its site onto this site. Mr. Parker indicated that if the there
was overlapping parking it would be removed and landscaped. Ms. Brown said that she felt
that there is an issue of encroachment that affects the parking. Mr. Parker indicated that
the surveyor has not identified any issue with the boundary or a question of title.
As no one else spoke, Chairman Guerette asked Associate Members Mitchell and
Theeman to vote on this item. He also indicated that the Board needed to identify any
conditions for approval. Mr. Theeman indicated that they would need an MDOT Traffic
Movement Permit, clarification of building setbacks on the plan, and clarification of the
narrative description of items on the plan including an existing light.
Mr. Theeman moved to approve the Conditional Use/Site Development Plan at 594
Broadway, Tim Horton’s New England Inc., applicant, with the conditions that: 1) that the
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applicant obtain an MDOT Traffic Movement Permit , 2) that the site plan be amended to
clarify building setbacks, and 3) that the site plan be amended to correct non-sustentative
narrative inconsistencies. Mr. Wheeler indicated that he felt that the third condition should
be stated more specifically. Chairman Guerette indicated that this was sufficient but added
that under the first condition that the Board was asking the applicant not to open prior to
obtaining an MDOT Traffic Movement Permit. Ms. Mitchell seconded the motion. The Board
voted 5 to 0 in favor of granting the conditional use request with the stated conditions.
Chairman Guerette then asked for a motion on the Site Development Plan. Mr. Theeman
moved to approve the Site Development Plan for 594 Broadway, Tim Horton’s New England
Inc., applicant, to construct a 3,230 sq. ft. restaurant with drive-thru service at 594
Broadway in a Shopping and Personal Service District with the conditions that: 1) An MDOT
Traffic Movement Permit be obtained; 2) clarification be made of building setbacks that
appear on the plan, and 3) the that correction of non substantative narrative inconsistencies
on the plan be made Mr. Wheeler seconded the motion. The motion passed unanimously.
NEW BUSINESS
Item No. 3: Final Subdivision Plan re-approval for Phase II of Woodridge
Subdivision, 21 Bomarc Road in a Low Density Residential
District. Woods of Maine, Inc., applicant.
Mr. Jim Parker, Civil Engineering Services, represented the applicant. He explained
that this is a re-submission of a plan that lapsed due to timing of improvement guarantees.
The applicant is requesting re-approval of an existing plan. They did find a geometrical error
on Lot 43 that Associate Member Brown had pointed out whereby it lacked a little over a foot
in width at the setback line for proper lot width that has since been corrected.
Chairman Guerette asked if the improvement guarantees would be more difficult to
obtain this time around or if much of that work had already been done. Mr. Mike Woods, of
Woods of Maine, Inc., indicated that financing is all in place for the improvement guarantees
and it is just a matter of having the DEP Permit in hand. Once this takes place, the bank will
release the guarantee.
Planning Officer Gould indicated that this is a revisit of a project that the Board
approved on July 19, 2005. The Preliminary Plan was approved on June 7, 2005. What has
held this project up is after the City’s permitting process they needed to get their stormwater
permitting with the Department of Environmental Protection. The DEP was short staffed in
Bangor this summer and their application got sent to Augusta for review. With some
different people to work with, things dragged on and their bank was uncomfortable giving
them a Letter of Credit without all of the permits in place. It took long enough that the 120
day period expired giving them the option to come back and get Final Plan approval again
which will start the clock over again and give them another 120 days. Planning Officer
Gould noted that Associate Member Brown was kind enough to review the plans in detail and
spotted a lot that did not look quite right, using some trigonometry and surveying work
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discovered it was shy of what it ought to be. Our typical practice is to look at all of the lots.
If we have a question, we usually ask the applicant’s designer to demonstrate to us that the
lot meets the standards. This one wasn’t one that caught Staff’s attention. It is an issue of
less than two feet but the fact that, if approved, it does not make it a legal lot. The
purchaser of the lot would actually have a nonconforming lot which could be problematic
down the road. The applicant’s designers have corrected this and new plans have been
submitted. Staff recommended that the Board grant the applicant Final Plan approval with
the standard condition that they provide the City with a suitable improvement guarantee
within 120 days.
Associate Members Theeman and Brown were asked to vote. Mr. Wheeler moved that
the Board grant approval for the Final Subdivision Plan at 21 Bomarc Road with the condition
that a suitable Improvement Guarantee be provided within 120 days of the date of approval,
Woods of Maine, Inc., applicant. Mr. Theeman seconded the motion. The motion passed
unanimously.
Mr. Theeman asked what a private forced main system is. Mr. Ring explained that a
forced main denotes a pressurized sewer line meaning that it is a pumped system (as it is
uphill). In this project, as in the prior phase of this development, the City is not interested in
owning and maintain pumped and nongravity sewers. However, a Homeowners Association
was part of the approval requirements and they are obligated to operate the force main
system.
Ms. Brown asked if by allowing these private pump stations this is to provide gravity
for a lot that would otherwise be unbuildable in the present condition or could not accept on-
site waste disposal. Mr. Ring indicated that is correct except that some lots may be able to
support septic systems but that would mean a requirement for larger lots and it would be
inconsistent with the zoning designation.
Item No. 4: Site Development Plan to construct 308 square feet of
additional seating area at 130 Haskell Road in a General
Commercial and Service District. Realty Resources Hospitality,
applicant.
Mr. Thomas Williams, Construction Manager for Realty Resources Hospitality,
explained that the applicant is proposing to construct 308 square feet of additions to the
existing Denny’s Restaurant. They consist of two 7’ x 22’ additions on the front of the
building. Because business has increased, the applicant wishes to provide additional seating
area.
Mr. Clark asked if the proposed additions would be new construction or a
prefabricated section and how this would affect the existing parking. Mr. Williams indicated
that the original building is a diner style building that was made at a factory and shipped to
the site. What the applicant is proposing to do is to construct wooden additions with
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stainless steel siding and relocate the front portion and windows forward to make it look
exactly as it does now. In regard to parking the requirement for the total development is 32
parking spaces. There are 72 spaces on site, nearly twice that required.
Ms. Brown indicated that there is a utility easement going across the front portion of
the lot, the existing building is already encroaching in that easement, and the addition is also
going to encroach it further. Mr. Williams indicated that that easement is granted to Bangor
Hydro who requires this when they do underground lines in case the lines need to be
repaired. The actual line is running outside of the building about six feet. Ms. Brown asked
how the Hydro felt about an encroachment into their easement and if there is a copy of that
easement. Mr. Williams indicated that it was part of the original agreement with Bangor
Hydro and there is a copy of the easement. Ms. Brown noted that in the upper right hand
corner there is a loading area and some hatching that is not indicated on the legend. Mr.
Williams indicated that this is a designated loading zone and the full-sized plan it indicates
this.
As no one else spoke, Chairman Guerette asked for comments from Staff. Planning
Officer Gould indicated that this is a straight forward Site Development Plan. When the
applicant initially came back to the City for approval some of the initial data that was on the
site plan such the location of the loading zone, the identification of the number of seats and
the parking standards and other details weren’t on the initial plan submitted. The applicant
went back to their designers and covered these issues. The revised plan shows the
dimensions of the building, shows where the access points are, lists the height of the
building, locates the loading zone, provides the number of seats in the building, indicates
that the expansion meets the parking requirements, and gives the details of the lighting on
site. In the addition, they are relocating a grease trap and this is shown on the revised plan
and they have clarified the details of the island and the buffer yards around building. The
plan indicates that the sign is to be relocated but does not indicate the proposed location.
The Board could have the option to approve the plan without a specific sign location and
then the applicant could file an amended plan with Staff as a Minor Revision; or the Board
could add a condition that the applicant may have a sign as long as it meets the setbacks of
the Ordinance would be acceptable. At some point Staff will want a plan filed with the City
that actually locates where the sign will be. All of the other details of the Plan are in order.
Mr. Theeman asked if the Board could not approve this plan contingent upon the
relocation of the sign to bring it into compliance. Mr. Gould indicated that the plan already
says on the face of it that the sign will be relocated. If the Board approves this, this will
happen by virtue of the approval. When the applicant does comes up with a fixed location
that location should really be noted on a approved plan. This is an element that Staff can
actually approve in-house. Mr. Theeman indicated that he had a concern that he would like
to ensure that people do what they say that they are going to do and asked if there was a
way to craft a motion that requires them to do this as a condition to the approval to move
the sign first and then build their building. Mr. Gould indicated that he did not know if this
could be done in this order. He suggested that the approval could be conditioned upon the
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sign meeting the standards of the Ordinance but he did not know if the order in which they
occur can be dictated.
Mr. Theeman asked if the Board made a contingent approval that required the sign to
be in the correct place, if Code Enforcement would condition their occupancy permit on
whether or not the sign was in the right place. Mr. Ring indicated that there is more than
one location that will meet setback requirements and Staff is looking to assure that the
setback requirements are met.
Associate Members Brown and Mitchell were asked to vote on this item. Chairman
Guerette asked for a motion. Mr. Clark indicated that he was in favor of having the sign
noted on the site plan and at such time as it is relocated, that the applicant apply and receive
in-house Staff approval. He then moved to approve the Site Development Plan at 120
Haskell Road for Realty Resources Hospitality, applicant. Mr. Wheeler seconded the motion.
Mr. Gould indicated that Staff would request that the applicant submit revised plans
indicating the location of the sign for in-house Minor Site Plan Approval. If in the event that
this does not meet Ordinance requirements, then Staff will not sign off on the Minor Site Plan
Revision.
Ms. Brown asked what the chain of events that take place if in the event that the sign
is not put in the right place. Mr. Gould indicated that they would be in the same situation
that they are in now and they would need to relocate it. Mr. Ring added that after a plan is
approved by the Board the City’s inspectors go out in the field to check the details of the
plan. If they find that the sign is moved and moved wrong again there is an internal process
where the applicant will receive a notice of violation of their site plan.
Chairman Guerette asked for a vote. The motion passed unanimously by a vote of 5
in favor and 0 opposed.
APPROVAL OF MINUTES
Item No. 2: Planning Board Approval of Minutes.
There were no Minutes for Board consideration.
Other Business
Mr. Theeman asked if the intermodal language was part of the record for the City of
Bangor. Mr. Gould said that in his appearance before the City Council adopting the
amendments to the Waterfront Development District, there was no uniform or unanimous
support for all of the elements of the change. There were some people who thought that
intermodal ought to mean freight and cargo which is just the opposite of the sentiment of
the Planning Board. There were some other details about the amendments that some people
were uncomfortable with. Mr. Gould indicated that he wanted to provide the definition but
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wanted to discuss this amongst Staff as to whether any of the other issues that came up at
the City Council meeting ought to be revisited regarding the Waterfront Development District.
He noted that the amendment did pass as the Board recommended it. Staff envisions that a
definition for passenger intermodal will be introduced but there may be some other changes
to the Waterfront Development District, as well.
Mr. Wheeler said that he thought with all due acknowledgement of the sincerity of
some of the questions and concerns that have been expressed at the meeting, that the
Board needed to disabuse itself of any idea that it is an enforcement body. Mr. Wheeler
indicated that the Board is not the development police, they are a citizen Board appointed by
the City Council just as the City Council is elected by the citizens of Bangor to be an oversight
body for the professional staff. He said that he did not question the right of any Member to
raise any question that concerns them but on the other hand sometimes he felt that the
Board gives the impression that they are there to wield the power of life and death over
development applications when in fact this is not the Board’s function nor is it the Board’s
process. Mr. Wheeler said that he hoped that the Board could get away from this and deal
with things in the larger perspective of what the Board’s mission is. The Board is a body of
overseers representing the public at the behest of the City Council to be sure that our Codes
and Ordinances, both local and state, are followed adequately and that nothing slips through
the cracks that will cause any major disruption of either traffic or quality of life.
Chairman Guerette thanked Mr. Wheeler for his point of view. He indicated that he
personally felt that this was an exercise as having some newer members having a chance to
look at these applications in a little more detail as they had a voting role. He thanked the
Board for all of the comments and thanked Mr. Wheeler for his comments that were well
meant and well taken.
Planning Officer Gould noted that there was a list of current Board Members with
addresses, phone numbers, and e-mails available. Also, he noted that there was a list of the
City’s Boards and when terms are expiring in 2006 noting that both Mr. Clark’s and Mr.
Theeman’s terms will expire and they will need to reapply if they wish to get reappointed by
the City Council.
There being no further business for discussion, the meeting was adjourned at 9:20
p.m.