HomeMy WebLinkAbout2005-05-17 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 17, 2005
MINUTES
Board Members Present: Robert Guerette, Chairman
Ryan King
Nathaniel Rosenblatt
David Clark
Hal Wheeler
Laura Mitchell
City Staff Present: David Gould
James Ring
Lynn Johnson
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item from the Consent Agenda, Chairman
Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent
Agenda and Mr. Wheeler seconded the motion. The Board voted 5 in favor and
0 opposed. The item approved is as follows:
Item No. 1: Site Development Plan/Site Location of Development
Act Modification approval to construct an unheated
metal storage building over an existing concrete pad
for the parking of fueling trucks at 92 Hayes Street in
an Airport Development District. Maine Army
National Guard, applicant.
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PUBLIC HEARINGS
Item No. 2: Conditional Use/Site Development Plan approval for
a drive-thru car wash at the existing convenience
store located at 322 Stillwater Avenue in a Shopping
and Personal Service District. Leadbetter Realty
Trust, applicant.
Chairman Guerette opened the Public Hearing and explained that
applicants and proponents would speak first, followed by opponents. The public
hearing would be closed and then Staff would be asked to give its Staff report.
Mr. John Frawley, represented the applicant, Mr. Jeff Leadbetter, who was
also present at the meeting. Mr. Frawley explained that the applicant received
conditional use and site development plan approval from the Planning Board in
August, 2004 for a drive-thru car wash addition at this site. Mr. Frawley noted
that the reason the applicant is back before the Planning Board now is that they
are proposing a slight change in the layout and the appearance in the car wash
addition. Mr. Frawley indicated that all other aspects of the plans are the same,
including egress, parking layout, queuing and the availability of utilities. He
noted that the only question that is related to this modification is if the proposed
car wash building is compatible in architectural design with the rest of the
neighborhood. The original car wash addition was for a 24’ x 36’ (864 sq. ft.)
building that was to be attached to the southerly side of the existing convenience
store. The new design is for a free-standing, 20’ x 40’ (800 sq. ft.) structure.
The new structure would be separated from the convenience store by 4 feet.
Another difference includes a hip roof (where a flat roof was proposed). The
existing building has a hip roof. Mr. Frawley indicated that there is a large
range of architectural styles along this area of Stillwater Avenue with the Acadia
Hospital complex, apartment buildings and the Northern Mattress building, and
that it is hard to select a specific architectural type that is not represented along
this street.
Mr. Rosenblatt indicated that while the design approved last summer was
compatible with the architectural designs in the area, he was not sure that the
new proposal was. Mr. Frawley said that if it was only compared with the
existing convenience store then that might be true but he felt that when looking
at the various styles of the buildings along Stillwater Avenue, that it would not
detract from the general character of the neighborhood.
Mr. Clark had questions regarding the four foot space between the
buildings and whether the level of noise, and the hours of operation would be
the same. Mr. Frawley indicated that this is no different than the model that was
previously proposed. It will generate about the same amount of noise. The
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noise happens when the door is open at the blower stage at the end of the
wash. Mr. Frawley noted that the four-foot space will be open and nothing will
be stored there as it is simply intended for a drainageway. He said that he did
not foresee that customers would attempt to use it as there is no parking behind
the building and no need for anyone to go down that way.
Mr. Wheeler asked if this is a marketed, modular type of design with the
length specified being the difference. Mr. Leadbetter indicated that it is and that
the buildings now come in five-foot lengths, are double paned, and insulated.
No one spoke in opposition. Chairman Guerette closed the Public Hearing
and asked for staff comments. Acting Planning Officer Gould explained that this
application is for Conditional Use and Site Development Plan approval to
construct a self-standing car wash at an existing convenience store with gas
service. Mr. Gould noted that when the applicant came in with a new design,
Staff looked at the standards and it was obvious to Staff that some basis or
decision relative to compatibility of the architecture needed to be made by the
Planning Board. Mr. Gould said that all other elements of the plan are identical
to what was approved before. The question is whether or not the new design is
consistent with the architectural styles in this area, as the other one was. Mr.
Gould pointed out that the Board needs to look at this broadly with the number
of different architectural types in this area. He indicated that the Staff felt that
this is not inconsistent with what one would expect to see in the commercial area
of Stillwater Avenue in the vicinity of this convenience store. Staff recommended
that the Board grant Conditional Use approval as well as Site Development Plan
approval.
Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve
the conditional use request for 322 Stillwater Avenue, Leadbetter Realty Trust,
applicant. Mr. Wheeler seconded the motion.
Mr. Rosenblatt indicated that he appreciated that Staff flagged this as an
issue for the Board to look at again. However, he disagreed that the criterion
has been met. He said that he thought that the previous plan met the standards
but this one does not. The Board voted four in favor and one opposed to the
motion to approve the Conditional Use at 322 Stillwater Avenue. Mr. Clark then
moved to approve the Site Development Plan for 322 Stillwater Avenue. Mr.
Wheeler seconded the motion. The Board voted five in favor and none opposed
to the motion approving the Site Development Plan at 322 Stillwater Avenue –
Leadbetter Realty Trust, applicant.
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Item No. 3 To amend the Land Development Code by changing a
parcel of land located at approximately 975
Kenduskeag Avenue from Rural Residence and
Agricultural District to Low Density Residential
District. Said parcel containing approximately 18.75
acres. Paige Investments, LLC, applicant. C.O. #
05-147.
The Public Hearing was opened by Chairman Guerette who asked for
comments from the applicant. Mr. Carl Snow, the project manager representing
the applicant, explained that the zone change request before the Board is for an
area approximately 18.75 acres and located on Kenduskeag Avenue. Mr. Snow
indicated that their plans are three-fold with the first phase being conditioned
upon the zone change. The second phase of this plan would be to subdivide the
property into three lots. The third phase, after the subdivision, would be to
discuss options for attached residential units somewhat similar to the Orchard
Hills development on Broadway. Mr. Snow indicated that the exact type of
project and how it will be laid out is still in the planning stage but it was their
intent to have low-density residential uses. Mr. Snow indicated that there is a
pond and a small amount of wetland. He noted that the entire parcel is 150
acres and they are only purchasing approximately 10% of it and they will have
the wetland delineated by professionals. Mr. Snow indicated that the applicant
wishes to keep this project environmentally correct and tastefully done with high
quality.
Chairman Guerette asked what types of housing that the applicant
proposed. Mr. Snow indicated that they are seeking advice from the real estate
community and would have a better answer in the next two to four weeks.
Chairman Guerette asked if any part of this project would be called low or
middle-income family housing. Mr. Snow said that the homes would be for sale
at market prices and that this is not being conceived as a low-income project, as
he knew it.
Mr. Rosenblatt had questions regarding the pond on this property. Mr.
Snow indicated that it is located along Kenduskeag Avenue with part of it being
in the City’s right-of-way. He noted that it was his understanding, after a
discussion with a neighboring resident, that this is a man-made pond
approximately 50 to 75 years old. He noted that he would like to clean it up and
make it more attractive. He noted that he asked the DEP if they would like for
him to clean it up but that there are a number of DEP rules that need to be
addressed. He noted that the applicant has named this project Golden Pond.
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Mr. Bill Esty, 172 Broadway, told the Board that Bangor needs new
housing and having seen Mr. Snow’s developments in the past, he felt that he
would do a good job. He noted that this is a beautiful site and the community
greatly needs this type of housing.
Mr. Duane Williams, a realtor who lives directly across the street from the
proposed development also spoke in favor. He indicated that he had spoken
with Mr. Snow about the proposal and said that people are looking for decent
housing in an affordable price range. He said that he felt that the applicant’s
proposal is a good plan.
Chairman Guerette then asked for opponents. Ms. Linda Hunter who lives
adjacent to the this site told the Board that they moved there 30 years ago
because it was a rural agricultural area. She said that she is very concerned
about what a project of this size would do to the neighborhood. She noted that
with the increase in population (from the potential number of houses/units) it
could have an environmental impact with a loss of habitat for deer and turkey
that depend on the pond. She noted that Kenduskeag Avenue is a narrow street
and she expressed her concern about the traffic impact. She said that this
project would completely change the nature of the neighborhood that they have
enjoyed for many many years.
Mr. William Green who lives across from the proposed development, said
that the zoning in this whole area is a little spot here and a little spot there. He
asked that before anything is approved that the Board look at the entire area
and not just the 18 acres that the applicant is requesting to be changed.
Mr. Galen Furge, of 970 Kenduskeag Avenue, told the Board that he has
lived at this residence for 60 years. He noted that traffic has mushroomed year
after year and that there is more traffic on Kenduskeag Avenue than on
Broadway. He said that he has to wait 10 minutes now to get out of his
driveway. Mr. Furge noted that the pond is right across the street from his
property and that beavers put the brush around the pond.
As no one else spoke in opposition, Chairman Guerette closed the Public
Hearing and asked for Staff Comments. Acting Planning Officer Gould indicated
that the applicant is requesting a zone change for a parcel of land containing
approximately 18.75 acres from Rural Residence and Agricultural District to Low
Density Residential District. He noted that this 18.75 acre parcels comes from a
larger 150 acre parcel. Presently, the Rural Residence and Agricultural District
requires that single-family residences be sited on a parcel containing 1.5 acres
because that parcel would be served by a private well and an on-site waste
disposal system. The Low Density Residential District is intended for residential
use that will be serviced by public sewer and water. The minimum lot size goes
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down to 12,000 for a single dwelling. Mr. Gould explained that the Low Density
Residential District does have some other options for development such as a
attached residential units on a parcel that has a minimum of 5 acres. Units while
attached would all have their own outside access.
Acting Planning Officer Gould indicated that the City’s Comprehensive
Plan’s Land Use Concepts Map and Zoning Policy Maps indicate residential use
for this area. Because this change to Low Density Residential is consistent with
the City’s Comprehensive Plan, Staff recommended that the Planning Board
make a positive recommendation to the City Council.
Mr. Rosenblatt asked what additional approvals the applicant would need
to obtain. Acting Planning Officer Gould said that it would depend on what type
of development that they choose. If the applicant proposes to subdivide the
parcel into 3 or 4 lots, then the applicant would be required to obtain Planning
Board Approval. If the applicant proposes to build something other than single-
family houses then they would need to come to the Planning Board for
Conditional Use and Site Development Plan Approval and they would have to
look at environmental issues, traffic, stormwater issues and meet the conditional
use standards.
Mr. Rosenblatt asked about environmental issues. Mr. Gould noted that
the Department of Environmental Protection is the primary entity that looks to
protect natural resources.
Mr. Wheeler asked Mr. Gould to discuss the permitted and conditional
uses in the Rural Residence and Agricultural District. Mr. Gould noted that in the
Rural Residence and Agricultural District conditional uses include kennels,
broadcasting towers and quarries. Mr. Wheeler noted that these types of
conditional uses may not be considered as compatible with the existing
residences than the one proposed. Mr. Gould added that the Rural Residence
and Agricultural District isn’t just for residential use and it allows a wide variety
of uses that occur out in rural areas.
Mr. Clark asked if the applicant will have to come back for another zone
change if they wish to develop the remaining land. Mr. Gould indicated that at
this time the request before the Board is only to change 18 acres. The City’s
Land Use Policy Map proposes that low density residential use be largely
developed on the Kenduskeag Avenue side and that high density residential uses
be developed closer to Broadway.
Chairman Guerette asked for a motion. Mr. King moved to recommend
approval to the City Council of the zone change request at approximately 975
Kenduskeag Avenue from Rural Residence and Agricultural District to Low
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Density Residential District and as contained in C.O. # 05-147. Mr. Wheeler
seconded the motion. The Board voted 5 in favor and 0 opposed to
recommending approval of the zone change request to the City Council.
Item No. 4: To amend the Land Development Code by changing
parcels of land located at 927, 931, 943, 939, and
759 Broadway and a portion of 58 Hillside Avenue
from High Density Residential District and Contract
Government and Institutional Service District to
Shopping and Personal Service District. Said parcels
containing approximately 4.85 acres. Varnbro, Inc.,
Atlantic Investments, Inc., Broadway Dental
Associates, PA., John Tozer and Laura Reidy, and
Varnbro Corporation, applicants. C.O. # 05-148.
It was noted that the applicants had requested that this item be
withdrawn.
Item No. 5: To amend the Land Development Code by changing a
parcel of land located at 1017 Union Street from High
Density Residential District to Shopping and Personal
Service District. Said portion of a parcel containing
approximately 2.7 acres. The Fore C’s LLP/Fore C’s
Corporation, applicants.
Chairman Guerette opened the Public Hearing and asked for comments
from the applicant. Mr. Michael Clendenning, representing the applicant, The
Fore C’s LLP/Fore C’s Corporation, told the Board that this is a request for a zone
change for a 2-acre parcel of land on Union Street. The applicant proposes to
use this area for an outdoor recreation facility for golf practice and baseball
practice. Their business, Golf Country, is currently located in the Airport Mall
that is located across the parking lot from this parcel. This 2.7 acre parcel is part
of the larger Airport Mall parcel which is zoned Shopping and Personal Service
District.
Mr. Clark asked the applicant where this piece of land is located and how
the applicant proposes to access it. Mr. Clendenning indicated that the property
runs between the businesses along Union Street and abuts the Sunbury Village
property. Mr. Clendenning said that he had talked with owner of the Airport Mall
about a future right-of-way at the light that currently enters Airport Mall going
around McDonald's to a new parking lot beside the Airport Mall.
Dr. Rick Bruns, 371 Union Street, indicated that he has a keen interest in
golf, is an avid golfer, and wished to speak in favor of this proposal.
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As no one else spoke, Chairman Guerette closed the Public Hearing and
asked for Staff comments. Mr. Gould explained that this request is for a zone
change from High Density Residential District to Shopping and Personal Service
District for a 2.7 acre triangular shaped parcel. This is basically an adjustment of
the zone boundary as this property lies in between the juncture of High Density
Residential zoning and Shopping and Personal Service zoning. This parcel is
undeveloped at this time and abuts the Sunbury Retirement project. In looking
at this parcel, the Staff review indicated that at one time this parcel ran all the
way to Ohio Street and was later split into two pieces. The division line did not
match the existing zoning at that time. The Land Use Policy Map calls for
commercial zoning in this area and it would not be extending the commercial
area more than was intended. This rezoning would make the entire Airport Mall
lot Shopping and Personal Service District. Because it is consistent with
Comprehensive Plan and that it is a small adjustment, Staff recommended that
the Planning Board make a positive recommendation to the City Council.
Mr. Guerette asked what the length was of the widest portion of the lot.
Mr. Clendenning indicated that it was roughly 100 feet.
Mr. Rosenblatt moved to recommend to the City Council approval of the
proposed zone change from High Density Residential District to Shopping and
Personal Service District at 1017 Union Street as indicated in C.O. # 05-149. Mr.
Clark seconded the motion, which passed by a vote of 5 to 0.
Item No. 6: To amend the Land Development Code by changing
part of parcels of land located on Virginia Lane from
General Commercial and Service District to Low
Density Residential District. Said part of parcels
containing approximately 3.4 acres. Hampden Home
Builders, applicant. C.O. # 05-150.
Chairman Guerette opened the Pubic Hearing and asked for comments
from the applicant. Mr. Dick Day, representing the applicant, Hampden Home
Builders, noted that both Bob and Tricia Quirk were also present to answer
questions. Mr. Day indicated that the applicant had purchased additional land
behind Virginia Avenue and added that land to existing approved lots in order to
make them larger. Mr. Day indicated that the reason for this zone change is that
at the time the applicant was before the Board for preliminary subdivision plan
modification approval to the Rolling Meadows Subdivision, it was pointed out that
the zoning on the rear of the lots on the westerly side of Virginia Lane was
General Commercial and Service District zoning. At that time, the Planning
Board suggested that the applicant rezone the rear portion of these lots in order
to make them consistent with the entire Rolling Meadows Subdivision.
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No one spoke in opposition. Chairman Guerette closed the Public Hearing
and asked for staff comments. Acting Planning Officer Gould indicated that the
zone change request before the Board is to rezone approximately 3.4 acres from
General Commercial and Service District zoning to Low Density Residential
District zoning. Mr. Gould noted that the Board is aware that this area
represents the rear portion of several proposed lots in the Rolling Meadows
Subdivision. At the time of preliminary plan consideration, there was discussion
as to what was the best way to handle those split zoned residential lots. The
Board concluded that it was in the best interest to rezone the back portion of the
lots to Low Density Residential (the same zoning as on the front portion of the
lots). Staff recommended that the Board make a positive recommendation to
the City Council.
Mr. Rosenblatt moved to recommend to the City Council that the zone
change request for property on Virginia Lane as contained in C.O. #05-150 be
approved. Mr. King seconded the motion. The Board voted 5 in favor and 0
opposed to recommending approval of C.O. # 05-150.
Item No. 7: To amend the Land Development Code by changing
parts of parcels of land located at 577 Ohio Street
from Government and Institutional Service District to
Urban Residence 1 District. Said parts of parcels
containing approximately 10,000 square feet. Mt.
Pleasant Catholic Cemetery Association, applicant.
C.O. # 05-151.
The Public Hearing was opened by the Chairman who asked for comments
from the applicant. Mr. John Frawley, representing Mt. Pleasant Catholic
Cemetery Association, spoke in favor of the proposed zone change request. Mr.
Frawley explained that the property in question is a single-family, two-story
house built on the property in 1945. It is surrounded by undeveloped cemetery
land. At some point, the City rezoned this residential property to Government
and Institutional Service District. Two years ago, the applicant purchased the
property to either protect the cemetery or for use as a rental property. The
applicant tried unsuccessfully to have the house moved. An analysis was done
regarding the capacity of Mt. Pleasant Cemetery. There are 121.5 acres of good
developable land. With cremations on the increase, they estimate that they have
enough land area to last the cemetery for 300 years. Because there is not a
pressing need for this property the Cemetery Association would like to recover
their investment.
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Mr. Frawley indicated that there has been an offer on the property with
the condition that it be rezoned back to residential in order for the property to be
properly zoned for residential use.
Mr. Rosenblatt said that this is a unique circumstance and certainly an
understandable request. Mr. Rosenblatt asked if there were any plans to sell
further property along Ohio Street. Mr. Frawley noted that the property is
owned by the Roman Catholic Diocese of Portland and so far they have been
reluctant to sell any of the land.
Mr. King asked if there was any buffering for this property. Mr. Frawley
noted that the lot is fenced where it abuts the Cemetery.
No one spoke in opposition. Chairman Guerette closed the Public Hearing
and asked for comments from Staff. Mr. Gould indicated that Mt. Pleasant
Cemetery Association is requesting a zone change from G & ISD to URD-1 for a
10,000 sq. ft. parcel located at 577 Ohio Street. Mr. Gould said that this appears
to be an older single-family residential building surrounded by the cemetery.
Because it is a residential use in the Government and Institutional Service District
it is a nonconforming use in the district. This would cause the property owner a
number of practical difficulties when trying to build a deck or obtaining a
mortgage. Mr. Gould indicated that the zone change to URD-1 is consistent with
the City’s zoning policy and the land use policy and is the appropriate zoning
district for this residential use. Staff recommended a positive recommendation
to the City Council.
Mr. Wheeler moved that the Planning Board recommend to the City
Council approval of the zone change for property owned by Mt. Pleasant
Cemetery Association from G & ISD to URD-1 as contained in C.O. # 05-151.
Mr. Rosenblatt seconded the motion. The Board voted 5 to 0 in favor of the
motion recommending approval.
Item No. 8: To amend the Land Development Code by changing a
parcel of land located at 541 Maine Avenue from
Government and Institutional Service District to
Shopping and Personal Service District. Said parcel
containing approximately one acre. City of Bangor,
applicant. C.O. # 05-152
Mr. Rod McKay, Director of Economic and Community Development,
represented the City on this zone change request at 541 Maine Avenue adjacent
to Airport Plaza and City’s Recycling Center. This parcel will be the new home of
Bangor Radiator Shop which is being relocated from the corner of Main and
Cedar Streets to accommodate the construction of the new Police Station. Mr.
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McKay said that the change from Government and Institutional Service District
(G & ISD) to Shopping and Personal Service District (S & PS) is consistent with
the Comprehensive Plan and with the zoning in the area and adjacent to the
property.
Chairman Guerette asked if this was a land swap to relocate Bangor
Radiator. Mr. McKay noted that the City has entered into a Purchase and Sales
with Bangor Radiator but in essence it is an exchange.
No one spoke in opposition, and the Public Hearing was closed. Chairman
Guerette asked for comments from Staff. Acting Planning Officer Gould indicated
that this zone change request is to change a one-acre parcel of land located on
Maine Avenue from Government and Institutional Service District (G & ISD) to
Shopping and Personal Service District (S & PS). The request is consistent with
the City’s Land Use Plan that indicates commercial use as the underlying policy.
Because this request is consistent with the Comprehensive Plan, Staff
recommended that the Board make a positive recommendation to the City
Council.
Mr. Clark moved to recommend approval of the zone change request at
541 Maine Avenue, City of Bangor, applicant from G & ISD to S & PS in
accordance with C.O. # 05-152. Mr. Rosenblatt seconded the motion, which
passed by a vote of 5 to 0.
Item No. 9: To amend the Land Development Code by changing a
parcel of land located at 258 Main Street from
Contract Urban Industry District and General
Commercial and Service District to Downtown
Development District. Said parcel containing
approximately 7,500 square feet. City of Bangor,
applicant. C.O. # 04-153.
Chairman Guerette opened the Public Hearing and asked for proponents.
Mr. Jim Ring, City Engineer representing the applicant, explained that the City of
Bangor is requesting a zone change from Contract Urban Industry District and
General Commercial and Service District to Downtown Development District
located at 258 Main Street. Mr. Ring explained that the City of Bangor is
acquiring this parcel in conjunction with the new Police Station project. Mr. Ring
indicated that this proposed change is also consistent with the zoning on
adjacent parcels in the block.
No one spoke in opposition to this request. Chairman Guerette closed the
Public Hearing and asked for Staff comments. Mr. Gould indicated that this
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proposal is to rezone 7,500 sq. ft. of land located at 258 Main Street from
Contract Urban Industry District and General Commercial and Service District to
Downtown Development District. This parcel was rezoned in 1994 to Contract
Urban Industry District to accommodate an expansion of Bangor Radiator. The
adjacent parcel is now the site for the new Bangor Police Station. This particular
parcel is proposed for inclusion in the Police Station site. In order for the zoning
to be uniform and consistent, the City is seeking to rezone the parcel to
Downtown Development District. Mr. Gould indicated that DDD is consistent
with the zoning in the general area and will help to facilitate the Police Station
Development as is the desire of the Citizens of Bangor. Staff recommended a
positive recommendation to the City Council.
Mr. Rosenblatt moved to recommend to the City Council that the zone
change request at 258 Main Street from Contract Urban Industry District and
General Commercial and Service District as per C.O. # 05-153 be approved. Mr.
Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed to
recommending approval of C.O. # 05-153.
APPROVAL OF MINUTES
Item No. 10: Planning Board Approval of Minutes,
Consideration of the Minutes was deferred to the end of the meeting.
NEW BUSINESS
Item No. 11: Final Subdivision Plan/Site Location of Development
Act approval of Phase II of the Church Woods
Subdivision located off of Church Road in a Rural
Residence and Agricultural District. Lavallee & Ide,
Inc., applicant.
Chairman Guerette asked for comments from the applicant. Mr. James
Manzer of Ames A/E represented the applicant, Lavallee & Ide. Mr. Manzer
explained that this project received Preliminary Subdivision Plan approval on
March 1, 2005. He noted that the plan layout is essentially unchanged for the
Final Plan for Phase II. Both Phase I and Phase II need to be approved under
the Site Location of Development Act. Mr. Manzer noted that there was a
question regarding wells and septic systems and that those issues have been
addressed to the satisfaction of the Planning Staff.
Mr. Rosenblatt asked what the plan was for the ownership of the open
space. Mr. Manzer indicated that the applicant has decided to form a
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homeowners association to handle this open space, in this and subsequent
phases.
Chairman Guerette noted that there had been some past discussions
concerning the sewer and septic systems in these lots leaching into ground
water. He asked Mr. Manzer to expand on this and how it will be eliminated.
Mr. Manzer indicated that there is one aquifer located in the northeastern
quadrant of the City of Bangor. This property is at least 4,000 feet from that
aquifer and, from a scientific standpoint, he said that he did not feel that there
was a danger of septic systems reaching that aquifer.
Mr. Gould indicated that the applicant is requesting approval of two
applications, one for Final Subdivision Plan approval of Phase II and Site Location
of Development Act approval of both Phase I and Phase II of the Church Road
Subdivision. Mr. Gould noted that at the time of Preliminary Subdivision Plan
approval of Phase II, there was discussion regarding groundwater issues, water,
and deer yards and he noted that most of these details have been addressed by
the applicant. The deer wintering area is adequately protected and two buffer
strips are included on two adjacent lots. The total size is 77.8 acres with 29 lots
ranging in size from 1.5 acres to 4.5 acres with 8.78 acres of open space, a large
part being wetland and forested wetland, deer wintering habitat, and protected
area. There is a portion of wetland in the subdivision that the applicant proposes
to fill and has obtained a permit for that filing.
In conjunction with a requirement of the Department of Inland Fisheries
and Wildlife, the applicant has made provision for the protection of the deer
yard. The 2,450-foot roadway meets the City’s minimum road standards for
grades, cross-sections, and stormwater details. Staff finds the details of the plan
are complete and cover all the questions that were raised. The applicant has
provided a solution to the ownership of the buffer through a Homeowner’s
Association. If that is amenable, Staff would recommend that the Board
approve with the condition that City Solicitor get a copy of the proposed
homeowner's association so that the City will have that as part of this application
to give guidance of ownership and protection of the deer yard. Staff also
recommended that the Board also approve the final subdivision with the
standard condition of approval on Phase II subject to a suitable improvement
guarantee within 120 days of approval. Mr. Gould indicated that the Board
needed to make two separate motions for the Final Plan approval of Phase II and
the SLODA approval on both Phase I and Phase II.
Chairman Guerette had a question regarding what kind of process would
need to be done in order to do something creative like building a ballfield within
the open space if the Homeowner’s Association decided to do so. Mr. Gould
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indicated that if the buffers were to be amended, then the applicant would need
to come back before the Board with an amended plan.
Mr. Rosenblatt moved to grant Final Subdivision Plan approval of Phase II
of the Church Woods Subdivision with the condition that the applicant provide to
the City Solicitor a suitable improvement guarantee within 120 days of approval
and that the applicant provide to the City Solicitor’s Office copies of paperwork
documenting the Homeowner’s Association created for the ownership of the
open space. Mr. Clark seconded the motion, which passed unanimously.
Mr. Rosenblatt then moved to grant Site Location of Development Act
approval for the Church Woods Subdivision Phases I and II with the condition
that the applicant provide to the City Solicitor’s Office copies of paperwork
documenting the Homeowner’s Association created for the ownership of the
open space. Mr. King seconded the motion. The Board voted 5 in favor and 0
opposed to the motion for approval with condition.
APPROVAL OF MINUTES
Item No. 10: Planning Board Approval of Minutes.
Chairman Guerette noted that there were three sets of Minutes that
needed Planning Board approval, the regular Planning Board Meetings of April
19, 2005 and May 3, 2005 and the Planning Board Workshop meeting of March
29, 2005.
Mr. Rosenblatt moved to approve all three sets of Minutes. Mr. Clark
seconded the motion. The Board voted 5 in favor and 0 opposed to approving
the Minutes of the April 19, 2005, May 3, 2005 and March 29, 2005 Meetings.
OTHER BUSINESS
The Board discussed the agenda for the next Comprehensive Plan Update
Workshop on Tuesday, May 24, 2005. Mr. Gould indicated that the next topic for
discussion would be the Economic Development Planning Element and that Staff
would be mailing out materials to the Board prior to the meeting.
As there was no further business, the meeting was adjourned at 8:55 p.m.