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HomeMy WebLinkAbout2004-05-18 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 18, 2004 MINUTES Board Members Present Robert Guerette, Chairman David Clark Hal Wheeler Ryan King Nathaniel Rosenblatt Patricia Cummings Bill Masters Jonathan Siegel City Councilors Present: Councilor Farrington Councilor D’Errico City Staff Present: Katherine Weber James Ring David Gould Peter Witham Lynn Johnson John Hamer News Media Present: Bangor Daily News Item No. 1: Election of Officers for 2004 Planning Officer Weber indicated that in the absence of a Chair that she would call the meeting to order, and did so at 7:04 p.m. Ms. Weber said that she would like to welcome back the sitting Members of the Board, and welcome the newly appointed Members of the Board. Ms. Weber then introduced the Members of the Planning Board. Ms. Weber indicated that the first order of business is Election of Officers for 2004. Ms. Weber said that she would entertain a motion to open the nominations for Chair. Mr. Wheeler made a motion to open nominations. Mr. Masters nominated Mr. Guerette for Chairman. Mr. Wheeler seconded the motion. Mr. Wheeler then moved to cease nominations. The Board voted 7 to 0 in favor of electing Mr. Guerette as Chairman of the Planning Board for 2004. Chairman Guerette thanked Planning Officer Weber for her welcoming remarks and asked for motions for Vice Chairman. Mr. Masters nominated Mr. Wheeler as Vice Chair. Mr. Clark seconded the motion. Mrs. Cummings moved to cease nominations. The Board voted unanimously in favor of electing Mr. Wheeler as Vice Chairman of the Planning Board for 2004. CONSENT AGENDA Mr. Rosenblatt indicated that he felt that he needed to recuse himself from voting on the Consent Agenda because he is on the Board of the Penobscot Theater and his firm does legal work for Eastern Maine Medical Center. Chairman Guerette indicated that he did not feel that Mr. Rosenblatt had a financial gain or interest but, because Mr. Rosenblatt stated a conflict or an appearance of a conflict, a motion should be taken. Mr. Wheeler said that he agreed with Mr. Rosenblatt's request to recuse himself from consideration on Item No. 3, and added that he did not feel that Mr. Rosenblatt had a conflict on Item No. 2. He said that he did not feel that being on the Board of the Penobscot Theater was grounds for recusal. Mr. Wheeler moved to grant Mr. Rosenblatt’s request to be recused from voting on Item No. 3, but that he be permitted to vote on Item No. 2. Mr. Clark seconded the motion. The motion passed unanimously. Chairman Guerette noted that, at the time that the zone change for this parcel (Item No. 2) came before this Board, he had recused himself because he was on the Penobscot Theater Board, and felt that he had been instrumental in orchestrating the sale of the building to Merrill Merchants Bank. Chairman Guerette indicated that he felt less involved with the project now because the Penobscot Theater will soon divest itself of this building. He asked the Board to make a determination as to whether or not they felt that he should recuse himself from voting on this item. Mr. Wheeler indicated that he did not feel that it was necessary now for Chairman Guerette to recuse himself, and he made a motion to allow Mr. Guerette to vote on this item. Mr. Masters seconded the motion. The motion passed unanimously. Mr. Masters asked that Item No. 2 be removed from the Consent Agenda for discussion. Chairman Guerette asked for a motion on Item No. 3 on the Consent Agenda, noting that Mr. Masters and Mr. Siegal would be voting. Mr. Wheeler moved to approve the Consent Agenda (Item No. 3). Mr. Clark seconded the motion. The Board voted 5 to 0 in favor of the motion to approve Item No. 3, as follows: 2 Item No. 3: Site Development Plan and Site Location of Development Act Modification Approval to construct a 16-bed dormitory facility at 27 Spruce Street in a Contract Government and Institutional Service District and an Urban Residence 1 District. Eastern Maine Medical Center, applicant. NEW BUSINESS Item No. 2: Site Development Plan approval to construct a 1,865- square foot addition to the existing building at 201 Main Street, to construct a 576-square foot connector between the buildings at 201 Main Street and 183 Main Street; and to renovate the existing building at 183 Main Street (Penobscot Theater Building) in a Downtown Development District. Merrill Merchants Bank, applicant Mr. Paul Brody of WBRC Architects/Engineers, representing Merrill Merchants Bank, explained that the applicant is proposing to renovate the existing Penobscot Theater Building for office space use, construct a third floor addition to the Merrill Bank Building at 201 Main Street, and construct a connector between the two buildings. Mr. Brody discussed the layout of the site plan. He added that brick paving was proposed to be tied into a City sidewalk project; the applicant proposes to add a heating oil tank between the two buildings, and the existing stairway is going to be removed, and a new stairway built that more closely resembles the original stairway. Mr. Masters asked if this project needs to go before the Historic Preservation Commission. Mr. Brody indicated that the project has already been before the Historic Preservation Commission. Assistant City Solicitor Hamer added that, at the last Historic Preservation Commission meeting, this project was approved with the condition that the applicant submit window details at the Historic Preservation Commission’s next meeting. There being no further questions, Chairman Guerette asked for a motion. Mrs. Cummings moved to approve the site development plan for 201 and 183 Main Street. Mr. Wheeler seconded the motion. The Board voted 5 to 0 in favor of the motion to approve the site development plan for Merrill Merchants Bank. 3 PUBLIC HEARINGS Item No. 3: Conditional Use/Site Development Plan/Planned Group Development approval to fill and grade in the Resource Protection District and to construct four buildings for retail use totaling 235,532-square feet located at 460 Stillwater Avenue in a Contract Shopping and Personal Service District, a Shopping and Personal Service District, a Low Density Residential District and a Resource Protection District. Bangor Parkade, Inc., applicant. Chairman Guerette ask that comments be limited to only those under the Board’s purview and that the comments be brief. Planning Officer Weber clarified that there are three parts to this application and that the Board should make three separate motions. Ms. Weber noted that only one part is a public hearing and that is for the filling and grading in a Resource Protection District. The three applications are for Conditional Use approval for the stormwater drainage system and filling and grading in a Resource Protection District, for Site Development Plan approval for the proposed development, and, a Site Development Plan approval for a Planned Group Development. The Public Hearing will be on the Conditional Use, only, and the Site Development Plan discussion is relevant to the three applications. Mr. Hamer added that the Board should make three separate motions. Chairman Guerette then opened the Public Hearing and asked for comments from proponents. Mr. Tim Woodock, Esquire, of Eaton Peabody, represented the applicant, Bangor Parkade. He congratulated the new Chairman and Vice Chairman and welcomed the new Members of the Planning Board noting that their service is greatly appreciated. He introduced Mr. John Toic of Bangor Parkade, Mr. Robert Frank and Mr. Paul Brody of WBRC Architects/ Engineers and Mr. Mike Longo representing Mr. Bud Grant who holds a ground lease with the applicant, and his attorney Mr. P. Andrew Hamilton of Eaton Peabody. Mr. Woodcock explained that this development proposal consisted of two pieces of property; one of the parcels containing 10 acres and being almost directly across from the interstate interchange and the other parcel abutting the Stillwater Gardens Subdivision. He noted that the applicant had been before the Board for a Contract Zone Change on the parcel abutting Stillwater Gardens. After contacting the neighboring property owners of the Stillwater Gardens 4 Subdivision a Contract Zone Change for this 18-acre parcel to Contract Shopping and Personal Service District with restrictions on the uses that could occur within that larger parcel was proposed and approved in July, 2003. One of the conditions contained in the Contract Zone Change was the creation of a physical buffer between the Stillwater Gardens Subdivision and the proposed development. Of the 28-acre parcel, 5.5 acres of buffer is proposed to be taken out of the development, leaving 22.5 to be developed. In January of this year, the developer again turned to the public and concerns were expressed about the placement of the detention pond at the end of the buffer. The applicant subsequently went back to the drawing board and moved the wet pond to the other end of the buffer. Another issue the applicant needed to address was to provide a connection for the stormwater runoff on the site in a safe and appropriate way. The applicant is proposing to locate that connection within the City’s 50-foot wide sewer easement that goes along Jennifer Lane. Mr. Woodcock explained that the Conditional Use element of the application applies to the stormwater line at the point that it crosses within the Resource Protection District, and the filling and grading needed to accomplish this. Mr. Woodcock discussed the Contract Zoning conditions for this parcel. Mr. Woodcock also noted that the site was evaluated and found to have scattered wetlands around the site consisting of slightly over one (1) acre. Mr. Woodcock told the Board that the applicant has acquired 13 acres of wetlands on the opposite side of the Stillwater Gardens Subdivision to mitigate the wetland impacts on this site. The entire 13 acres (4 of which were proposed for development because it is upland) will not be developed. So, the applicant will be preserving 18.5 acres (13 acres for wetland mitigation and 5.5 acres for the buffer) for 22 acres of development. This is almost a 1 to 1 ratio. Mr. Woodcock told the Board that this proposal was reviewed by Maine Department of Transportation in May, 2004, and a Traffic Movement Permit was issued. The project was reviewed by the Maine Department of Environmental Protection and was issued a Natural Resources Permit and received Site Location of Development Act approval. (The Permit was issued on May 6, 2004.) Mr. Paul Brody, WBRC Architects/Engineers, discussed the Site Development Plan, noting that the proposal includes four buildings with a total square footage of 235,532 square feet for mixed-use retail and restaurant use. Mr. Brody discussed the proposed 150-foot wide buffer and the fact that the applicant was proposing to save as many of the existing trees as possible, the proposed circulation on the site, pedestrian access within the site, service drives, type and direction of lighting, underground electric service, and drainage. Mr. 5 Tim Woodcock noted that they had prepared a narrative of their presentation, and asked that it be entered into the record. Mr. Wheeler asked if the proposed detention pond would provide absolute assurance that there would be no stormwater runoff into the Penjajawoc Marsh, and if it would reduce or eliminate areas that presently flood from this site. Mr. Robert Frank, WBRC, discussed three locations where runoff floods on to the street. Mr. Frank indicated that this plan redesigned the grading to collect stormwater runoff centrally, thus eliminating and diverting runoff away from that area and going through the proposed detention basin into a storage area to hold the stormwater. Mr. Frank said that with the new design, the lower right hand corner of the site would no longer go into the Penjajawoc watershed. Mr. Clark asked how many tenants there would be. Mr. Brody indicated that it had not been determined that, but they would be used as retail use. Mr. Rosenblatt noted that after review of the submittals, he did not find submissions for an Environmental Impact Statement or precautions proposed during and after construction. Mr. Brody indicated that a removals and erosion plan which addresses how construction is going to occur was submitted pertaining to the 102 series of the construction sheets and submitted as the entire package. He also noted that the same information was submitted in support of the Site Location of Development Act Application submitted to the Maine Department of Environmental Protection (The Natural Areas Program.) Mr. Frank indicated that the application for a Naturals Areas Permit had been on file with the Department of Environmental Protection submittal for Site Location of Development Act approval. Mr. Rosenblatt indicated that he felt that it was important that these submittals be addressed. Mr. Frank discussed these submittals with the Board. Mr. Rosenblatt asked if there were any outdoor display areas proposed. Mr. Brody indicated that there were none proposed. Mr. Rosenblatt asked what was being done to minimize light pollution, and what the recourse for the neighbors would be. Mr. Brody discussed the type of lighting proposed, and the height of the light poles. Mr. Woodcock noted that lighting was an element of the Contract Zone Change, and would be enforceable by the City. Mr. Rosenblatt referred to Section 165-114, Sections H and I, and asked if there would be any environmental impacts located within 250-feet of the Penjajawoc Stream. Mr. Woodcock noted that the Department of Environmental Protection Findings of Fact indicated that there were no impacts on any fisheries, and that there was adequate provision for wildlife and fisheries. He noted that State’s Historic Preservation Commission had also reviewed the proposal and found no rare species or unusual wildlife habitats. 6 Planning Officer Weber discussed the Conditional Use approval request for the stormwater drainage system, including, filling and grading in the Resource Protection District. Ms. Weber noted that there were two specific standards and four general standards for granting the Conditional Use. Ms. Weber indicated that Staff, in its review, had also asked the same questions in order for this request to be compliant with Shoreland Zoning Standards and an Environmental Impact Statement. Staff asked the Code Enforcement Officer to make a determination as to its compliance and forward a memo to the Planning Board. Planning Officer Weber noted that a copy of that Memo had been distributed to the Board indicating that the installation of such a facility will not exceed the threshold. Ms. Weber also noted that the term “Environmental Impact Statement” is not defined in the Ordinance. The Code Enforcement Officer has ruled that the installation of this facility will not exceed the threshold. Staff also looked at the Site Location of Development Act submittals and the discussions of the State Permitting Process to review and address this issue. Mr. Masters asked if there are any impacts of having the detention pond in the buffer. Mr. Brody indicated that this issue had been brought up at the public meeting with the area residents. Mr. David Moyse of Moyse Environmental, was hired to review this issue, and found that there would be no significant effect. Mr. Masters had questions regarding the access to the site. Mr. Mike Waugh of Surry Engineering Associates, discussed the proposed traffic, and the flow of traffic, noting that no left-hand turns would be allowed off of the Interstate ramp onto Stillwater Avenue. Mr. Waugh also discussed with the Board Levels of Service indicated that this location would be a Level of Service “C” (with a delay between 20 and 35 seconds) which is an acceptable Level of Service. Mr. Waugh indicated that a new lane was proposed to be constructed within the median to allow for turning movements. Mr. Masters noted that, when the Interstate interchange was installed, the traffic on Stillwater Avenue going toward Broadway was alleviated and said that he would not like to see this go “backwards.” Mr. Masters said that he was concerned that traffic would be increased along Stillwater Avenue, and that situation would have an effect upon the kids crossing Stillwater Avenue to access the Little League Fields. Mr. Waugh indicated that this proposal would not increase traffic along Stillwater Avenue. Mr. Waugh noted that there would be a traffic signal installed at Drew Lane, as well as, one installed at Howard Street as required under the MDOT Traffic Permit mitigation. Also, improvements will be done to the signal at the Interstate ramp along with a video detection system to observe traffic. 7 Mr. Siegel had questions regarding the treatment of the runoff given the noxious nature of runoff from parking lots, and asked what would be done to protect the abutting neighborhoods from criminal activity since the site lends itself to easy vehicular access after hours. Mr. Siegel noted that, in other communities, commercial use of this type that provides cover are very often sites for burglaries, and personal assaults. Mr. Brody noted that they are proposing a 6-foot chain linked fence on the development side. Mr. Frank noted that, in regard to the treatment of particulates and suspended sediments, that the design is for particulates to drop to the bottom of the system. There is a maintenance plan proposed to fully dispose of the particulates that are not fully suspended. In regard to criminal activity, Assistant City Solicitor Hamer said that this is a very good discussion, however, the Board’s review is limited to the review standards in the Land Development Code. Mr. Andrew Hamilton, Esquire, representing Mr. Grant the property owner, discussed the Natural Resources Permit application and the Environmental Impact alternative analysis. He explained that the stormwater pipe is proposed within the public corridor that is a long established corridor. The applicant is only piggybacking onto the existing corridor. He noted that Mr. Wellington, the City’s Code Enforcement Officer, has determined that this is compliant. Mr. Hamilton asked that Mr. Wellington’s memo be submitted into the record. Mr. Hamilton went on to discuss the Conditional Use criteria, and said that he felt that all of the standards that are applicable have been complied with. Mr. Hamilton told the Board that he has a tremendous respect for the Drew Lane residents to speak up, and that there has been a lot of input into this process. Mr. Hamilton noted that there has been careful consideration of the buffer and the types of plantings within the buffer, the purpose of which is to provide a visual and transition buffer to give protection to the neighborhood. He noted that Mr. Masters made a good point about any left-hand turns from the Interchange ramp, indicating that the decision had been made that there would be no left-hand turns. Mr. Hamilton thanked the Planning Board and the neighbors for their diligent review of this project. As there were no other proponents, Chairman Guerette asked for opponents. Ms. Valerie Carter, 112 Birch Street, indicated that she was not opposed to the project itself. She commended the developer for the amount of effort to work with the community. She said that her major concern is that she did not feel that the Board Members have had sufficient time to consider the complexity of the issues. She said that she felt that the timing and speed of the City’s process has been very fast. She said that she did not feel that the Board had sufficient information provided to them to consider this proposal, and had to rely on the recommendations of the Planning Staff. She asked that a decision on this application be delayed. 8 Chairman Guerette closed the Public Hearing, and asked for Staff comments. Planning Officer Weber indicated that there are three applications (for Conditional Use approval, Site Development Plan approval and Planned Group Development approval) before the Board and, therefore, three separate votes are needed. Ms. Weber explained that the Site Development Plan proposed 235,532 square feet of commercial development space on a 28-acre parcel. She noted that the site was located within four different zoning districts, namely, Shopping and Personal Service District, Contract Shopping and Personal Service District, Low Density Residential District (where the proposed buffer is located between this site and the Stillwater Gardens Subdivision site) and Resource Protection District (where a portion of the proposed stormwater drainage system is located). Ms. Weber explained that retail uses and a restaurant use are permitted uses in the Shopping and Personal Service District, while the utility use in a Resource Protection District and Shoreland Zone requires Conditional Use approval. There is a 150-foot buffer separating the proposed commercial use from the neighboring residential district. Ms. Weber noted that such a buffer is unprecedented in Bangor, and is a good model for future development. Planning Officer Weber indicated that the applicant has offered up to 30% of the site including the 150-foot buffer plus the mitigation area, as a balance for the 22 acres of proposed development. Ms. Weber said that this represents a good balance between conflicting land uses. The applicant is proposing the utility corridor to allow service for the stormwater management for this project which will take it away from the Penjajawoc watershed. The detention pond that has been moved towards Stillwater Avenue and away from houses on Drew Lane. This will feed into the City’s existing sewer system. Planning Officer Weber indicated that the two specific conditions and the four general conditions for granting the Conditional Use, that are applicable, have been met for the public utility and filling and grading in the Resource Protection District. The Site Development Plan is complete and consistent with the standards of approval contained in Section 165-114 A-J. Ms. Weber indicated that the Site Development Plan also meets the requirements for a Planned Group Development contained in Section 165-69. Therefore, Staff recommended that the Planning Board grant the Conditional Use request, approve the Site Development Plan, and approve the application for the Planned Group Development at 460 Stillwater Avenue, Bangor Parkade, Inc., applicant. Ms. Weber also noted that the review process for this project has been fairly lengthy because it was before the Maine Department of Environmental Protection, as well as, the Maine Department of Transportation prior to being submitted to the City. It is standard practice in the Planning Division Office to 9 not put an application on an agenda until it is almost nearly complete and consistent with the Ordinance. The first application was submitted to the Code Enforcement Officer on March 9, 2004, but was not forwarded to the Planning Office because it was not deemed complete by the Code Enforcement Officer. Mr. Rosenblatt questioned if the applicant had submitted the required documents demonstrating the creation of ownership interests, the dedication of all common areas or elements, and the organizational arrangements for the ownership, maintenance, use and preservation of all common areas or elements in support of the Planned Group Development. Mr. Hamilton indicated that a copy of a reciprocal agreement was submitted to the Planning Division and Legal Department. Mr. Hamilton suggested that this could be made a condition of approval. Mr. Rosenblatt asked what will be done to insure that the applicant completes the traffic improvements prior to the opening of the development. Mr. Hamer indicated that these improvements are a part of the Maine Department of Transportation’s Traffic Permit, and are separate from Planning Board approval. He noted that this would be dealt with by the Code Enforcement Office, and not by the Planning Office. Mr. King asked how wide the pipe was that directs the stormwater runoff. He was concerned about potential chemicals, the amount of water and the temperature of the water going into the Resource Protection District. Mr. Robert Frank indicated that a 48-inch diameter pipe was proposed to replace the existing utilities. This proposed pipe has a 25% larger capacity than the existing pipe. Mr. Frank noted that, currently, the existing runoff is untreated and that future runoff will be treated. Mr. Woodcock added that the outfall water from the Water District’s towers at the top of the hill on Essex Street goes into this marshy area. The Water District periodically flushes those tanks with up to six million gallons of water being released. He noted that runoff from this project would be far, far less. Mr. Wheeler moved to approve the Conditional Use request for the stormwater drainage system and filling and grading in the Resource Protection District. He noted that he appreciated the very useful and helpful questions raised in the discussion. Mr. Wheeler said that, in regard to the discussion as to whether or not the Board has had sufficient time to consider the details of this development and the implications of it, he said that he did not feel that it was necessarily well-founded. Mr. Wheeler said that he felt that the Planning Officer made appropriate comments about the unprecedented nature of concessions and additional amenities offered by the developer. Mr. Wheeler said that as generous as these 10 concessions and actions by the applicant are, they are so far beyond what is normally required that, if they are a bench mark for all future developments, then perhaps the bar would be set so high that it would discourage future developers. Mr. Wheeler, in his opinion, said that under the mandate of the Planning Board, the application has met all City and State requirements. Mr. Clark seconded the motion. Mr. Rosenblatt noted that he had concerns about the lack of an Environmental Impact Statement. There being no further comments, Chairman Guerette asked for a vote. The Board voted five in favor and none opposed to approving the conditional use request. Mr. Clark moved to approve the Site Development Plan at 460 Stillwater Avenue for Bangor Parkade Inc. Mr. King seconded the motion. The Board voted five in favor and none opposed to approving the Site Development Plan. Mr. Clark moved to grant approval of the Planned Group Development at 460 Stillwater Avenue for Bangor Parkade Inc. Mr. Wheeler seconded the motion. Mr. Rosenblatt said that he did not feel that the appropriate materials were submitted in support of this application. The Board voted four in favor and one opposed to granting the request for a Planning Group Development at 460 Stillwater Avenue. Item No. 5: Preliminary Subdivision Plan approval to create a 29- lot subdivision located off of Bomarc Road in a Low Density Residential District. Rebecca Wood, applicant. Chairman Guerette opened the Public Hearing, and asked for comments from the applicant. Mr. Don Becker, Civil Engineering Services, represented the applicant, who is seeking approval of a 29-lot subdivision on 14 acres off the Bomarc Road. Mr. Becker discussed with the Planning Board concerns noted by the Planning Staff. In regard to the open space requirement, Mr. Becker noted that the Ordinance requires the Planning Board to decide whether it would like land dedicated or money set aside to meet the open space requirements. Mr. Becker indicated that the applicant would be more than happy to accommodate either of these two options. Mr. Rosenblatt asked Mr. Becker to describe the applicant’s plan for the sewer. Mr. Becker indicated that they proposed a non-gravity fed sewer and that a Homeowners’ Association will be responsible for maintenance. Mr. Rosenblatt had questions regarding the cost of the non-gravity fed sewer, and the amount of wetlands within the boundary of the subdivision. Mr. Becker 11 indicated that the subdivision was designed so as not to alter the wetlands and, in most cases, lots would be 75 feet away to avoid being in or near the wetlands. Mr. Masters asked if any provision had been made for sidewalks. Mr. Becker indicated that he had not asked the applicant since sidewalks are not required by City Ordinance. Mr. Masters said that there is no other issue that he feels more strongly about than sidewalks. He also felt the need for a place for the kids in this subdivision to play. Mr. Becker indicated that he appreciated Mr. Master’s comments. Mr. Siegel asked if the applicant had chosen a site where open space would be located versus money paid. Mr. Becker said that it was up to the Planning Board to decide. However, the applicant was interested in offering land on Bomarc Road adjacent to Lots. 10 and 12, or any other land that the Planning Board might be interested in. There being no other proponents, Chairman Guerette asked for comments from opponents to this development. Mr. Paul Tozier, owner of property at 416 Burleigh Road, told the Board that he was not opposed to this project, but was very concerned about any increase in traffic on Burleigh Road as a result of this subdivision. As no one else spoke, Chairman Guerette closed the Public Hearing and asked for Staff comments. Planning Officer Weber explained that the applicant is requesting Preliminary Subdivision Plan approval to create a 29-lot subdivision in a Low Density Residential District located off of Bomarc Road. The applicant has met the requirements for Preliminary Plan submission for a major subdivision. Ms. Weber said that this is the Preliminary Plan phase and, because it is the first phase, it gives an opportunity for adjustments to be made before a Final Subdivision Plan comes before the Planning Board for approval. Ms. Weber indicated that Staff recommended Preliminary Subdivision Plan approval with the following conditions that: (1) there be no access to lots on Bomarc Road to eliminate a conflict between the commercial and industrial uses and the residential uses; (2) the future landowners be made aware of any potential impacts from the Limestone to Searsport pipeline easement that runs through some of the proposed lots; and, (3) 5% of the land area be dedicated within the subdivision for open space. Planning Officer Weber explained that, typically, the subdivider offers 5% of the land within the subdivision as dedicated open space. However, the City does not look favorably at being offered very small acreages or square footages that the City would be responsible for maintaining. Similarly, the City has not accepted money over open space. Ms. Weber indicated that the Staff would 12 suggest that the developer identify an area of 5% or more within the subdivision that would be dedicated for open space and that the owner be responsible for maintenance through a Homeowners’ Association, or however they want to maintain this open space. Ms. Weber suggested that the area by Lots 10 and 12 would be suitable. Ms. Weber noted that a wetland area has been offered, but that Staff would like to see some upland areas, as well. Ms. Weber also indicated that in the final stage of the subdivision approval, Staff wants to make sure that the utility issues are satisfactorily worked out so that the non-gravity sewer system is acceptable to the City, and workable for the applicant. Staff would also recommend approval with the condition that a suitable arrangement for the operation of the non-gravity sewer in a form acceptable to City Engineer and the City’s Legal Office be made prior to Final Subdivision Plan approval. Chairman Guerette asked the City Engineer to explain how a forced sewer and a non-gravity sewer works. Mr. James Ring, City Engineer, explained that the Preliminary Plan design for this subdivision involves a section of sewer line that will need to be pumped. Mr. Ring indicated that there was no nearby gravity sewer. Mr. Ring said that his major concern is the long term cost to the City, and the operation and eventual replacement of that system. He said that he did not want the citizens to bear the costs. Mr. Ring asked the Planning Board, if they approved the Preliminary Plan, to attach as a condition of approval that an arrangement acceptable to the City Solicitor relative to the long-term operation of any non-gravity sewer be submitted prior to Final Plan approval. Mr. Rosenblatt asked if there were any other private forced mains in the City. Mr. Ring indicated that there are a couple in commercial areas but that there were none in a residential area. He added that it is the City’s goal to eliminate these pump stations. Mr. Siegal asked which lots were affected by the Searsport to Limestone pipeline, and how much open space would be given up, how traffic is taken into consideration, and where is the appropriate place to consider it. Mr. Ring indicated that, even though those lots are encumbered, there is still enough area to be built on. Mr. Wheeler said that growth is going to increase cars and suggested that the problem was more in the way people drive than the number of cars. Mr. Wheeler said that he felt that the traffic issue, although a legitimate issue, is not going to be solved by the Planning Board since it is a question of law enforcement, as well as, an issue for the Department of Transportation. Mr. Rosenblatt asked what the Comprehensive Plan envisions for this area. Planning Officer Weber indicated that the Comprehensive Plan 2000’s policy is for low-density residential development for this area. Ms. Weber 13 pointed out that the Bomarc Industrial Park is an anomaly and was part of a military complex at Dow Air Force Base. Ms. Weber added that this area is near the Judson Heights Subdivision and the Birch Hill Estates Mobile Home Park. Mr. Rosenblatt then asked at what point does the Planning Board talk about Improvement Guarantees. Assistant City Solicitor Hamer noted that Improvement Guarantees are handled through the Legal Department. Mr. King noted that the acreage on Lot 21 is less than 12,000 square feet. He also said that he felt that sidewalks are an important issue. Mr. Becker indicated that the acreage was an error on the plan. Mr. Masters indicated that he was in favor of new residential subdivisions. Mr. Becker noted that this subdivision is located near a mobilehome park and an industrial park, and was not intended to attract $250,000 homes. The applicant’s intent is to create homes for middle-class Bangor residents. One of the ways to make this possible is to develop houses on smaller lots. There is a present need for mid-price range houses. Mr. Rosenblatt then moved to approve the Preliminary Subdivision Plan with the following conditions that: (1) a suitable arrangement regarding the sewer be acceptable to the City Engineer and the City Solicitor; (2) the applicant insure that there is adequate notice to all purchasers that are affected by the Searsport to Limestone Pipeline Easement; and, (3) land be privately dedicated as open space. Mr. Clark seconded the motion. Mr. King was concerned that one of the lots did not indicate the correct minimum lot size. Planning Officer Weber told the Board that it would be acceptable for the Planning Board to approve the Preliminary Subdivision Plan at this point but that all lots would have to be compliant with the minimum lot size of 12,000 square feet before Final Subdivision Plan approval. Chairman Guerette then asked for a vote. The Board voted five in favor and none opposed to the motion approving the Preliminary Subdivision Plan for Rebecca Wood located off of Bomarc Road with the noted conditions. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Chairman Guerette noted that there were two sets of Minutes for approval. Mr. Clark moved to approve the Minutes of the April 20, 2004 Meeting. Mr. King seconded the motion. The motion passed. Mr. King then moved to approve the Minutes of the May 4, 2004 Meeting. Mr. Wheeler seconded the motion, and it also passed. 14 NEW BUSINESS Item No. 7: Site Development Plan and Site Location of Development Act Modification Approval to construct a 3,420 square foot addition to the New England School of Broadcasting Building with associated parking and loading adjustments, to make minor changes to grading, fencing, walkways and other paving ; and to make adjustments in lighting pole locations and landscaping materials at the Winkin Baseball Complex at the Husson College Campus located at 1 College Circle in a Government and Institutional Service District and Low Density Residential District. Husson College, applicant. Mr. Rosenblatt asked to recuse himself from consideration of this item due to his past involvement with this issue. The Board discussed whether Mr. Rosenblatt could act impartially on the proposed application. The applicant’s representative indicated they would support whatever decision Mr. Rosenblatt made. Mr. Hamer noted that a motion is required to recuse Mr. Rosenblatt from consideration of this item. Mr. Wheeler moved to recuse Mr. Rosenblatt from voting. Mr. Clark seconded the motion. The motion passed by a vote of four in favor and one opposed. Chairman Guerette noted that Mr. Masters would vote on this item. Mr. Andrew Hamilton, Esquire, represented the applicant, Husson College. Attorney Hamilton indicated that with him were Ray Bolduc, an engineer with WBRC, Dan Hamm of Husson College, Neil Wetmore of Sound System Design, Warren Brown of En-rad, Rob Hune and David Cassivant of Husson College, and John Theriault, Ames A/E traffic Engineer. Attorney Hamilton indicated that Husson College was before the Board to continue to secure approvals, for more changes at Husson College. These changes are an addition to the NESCOM building, and changes to the Winkin Baseball Complex. The NESCOM addition is 3,420-square feet on two floors. The Stadium changes include bringing the bullpens inside the fence area and adjusting lighting pole locations to avoid underground utilities. It was noted by the light suppliers, that at the left field and left center, there is indirect lighting hitting the Northwood Apartments. The contractor will install back shields to avoid unnecessary lighting by May 24, 2004. Mr. Hamilton noted that conditions #4 and #7 of the prior approval will need to be modified. Condition 7 deals with obtaining a Natural Resources 15 Protection Act permit for filling in a wetland during the construction of a parking lot. Husson College has chosen to remove the fill instead of permitting it. Instead of a 12-foot tall cedar hedge, the applicant is now proposing blue spruce and pine trees. Instead of 7 feet-on-center cedars, Husson College is proposing to plant in the same area, Blue Spruce and Pine at heights of 11 to 16 feet. A 12 foot tall cedar hedge is not advisable unless very specialized equipment is used. Mr. Hamilton indicated that the speaker array was designed to project on the stadium bleachers. Monitoring levels within the last several days the levels were within the limits. Mr. Ray Bolduc of WBRC reviewed the various elements of the plan and their compliance with the applicable standards. He also noted that they have received the final Maine Department of Transportation traffic permit for the stadium. The permit requires off-site improvements off of Broadway, including, signage, and striping. Mr. Dan Hamm, Director of Physical Plant of Husson College, updated the Board on the status of the improvements. The traffic improvements are in progress with re-striping, signage and timing changes that are to be completed by the end of the month. The buffers are being planted, and are planned to be finished some time next week. Creeping ivy on the southeast wall of the gym was planted last fall. Safety netting along Northwood Apartments is to be installed by the end of May. Mr. Hamm indicated that the lighting was turned on last Thursday and, for the most part, was acceptable. He noted that lighting technicians will come next week to add back shields on those lights where the levels were higher than acceptable. Mr. Neil Wetmore of PVC Sound Technologies indicated that last fall they had built an acoustic model. Since then, they found a speaker that is superior to the one originally proposed. Mr. Wetmore indicated that speakers were placed and directed as planned, and that an audio processor is in place that allows them to provide limited select output on the system. Mr. Warren Brown of En Rad indicated that he performed noise compliance testing at the site. He discussed the permit conditions for noise monitoring. Mr. Brown indicated that measurements will be taken of regulated sound at the opening of the baseball season, then monthly. The regulated sound will be recorded and separated from the unregulated sound, and measured separately. Measurements and reports will be provided to the City’s Code Enforcement Office. Mr. Wheeler asked if tests of recording an announcement during game and during non-game times would be an accurate measure. Mr. Brown indicated that readings would be higher when no people were in the stands. The recording will be made and calibrated prior to the game and the known noise level at 16 measurement locations. The spectator noise is unregulated, so that is not a component for testing. Mr. Brown said that they will calibrate the system prior to the game and play back that Public Address (PA) noise during the game. Mr. Masters asked what will happen if levels are higher than allowed. Mr. Brown indicated that the governor in the sound system can be used to reduce noise levels. Chairman Guerette asked for Staff comments. Planning Officer Weber indicated that the applicant is requesting two approvals, namely, Site Development Plan Approval and Site Location of Development Act Modification approval for the construction of an addition to the NESCOM building, and to make numerous minor changes to the Winkin Sports Complex and other campus operations. Ms. Weber indicated that the key points relate to the vegetative buffer. The applicant is requesting substitution of plant species to create the hedge that was in the original agreement. Ms. Weber went on to explain that these modifications include removing 7,812 square feet of fill material in a wetland for which they will no longer be required to obtain a Natural Resources Permit, thus, negating condition #7 of the prior approval. Planning Officer Weber told the Board that the project has been reviewed for consistency with the Land Development Standards and the Site Location Of Development Act (SLODA) standards. Staff finds that they are consistent with both the Site Development Plan and SLODA approval standards and with the conditions noted that modify #4 and #7 in the previously-approved agreement from September 23, 2003. Staff recommended separate votes on each application. Chairman Guerette indicated that he would allow public input. Mr. Nathaniel Rosenblatt of 504 Valley Avenue questioned why the applicant felt that they did not need to comply with the standards based on when the adjacent properties were constructed. Mr. Rosenblatt said that that argument has no basis in any ordinance at all. Mr. Rosenblatt indicated that he had no concerns with removal of the wetland fill, but he was concerned that they have built the stadium, but not the hedge that was promised. Mr. Rosenblatt stressed the need for buffering around field. He asked that the Board deny Husson College’s request to amend its plans for buffering as they are now proposing to place one- half as many trees, twice as far apart. Mr. Rosenblatt felt that Husson College should comply with the conditions approved by the Planning Board last fall. Attorney Hamilton indicated that the approval in the fall was too late for plantings that year. Mr. Hamilton noted that Husson College is working to plant as many trees as can be planted within the optimum planting period. The new buffer will be as effective as the one on the previous plan. 17 Mr. Robert Frank of WBRC, explained that the applicant was proposing to change the types of planting in order to utilize more native species such as white pine and blue spruce. Any native species along with the 15-foot spacing, will produce a better hedge in the long term. Chairman Guerette indicated that he was content that the application was consistent with the conditions of the original approval. Mr. Wheeler indicated that he was also dubious of this project but, based on commitments to this Board, he voted to support it. Mr. Wheeler said that, at this meeting, he found himself more inclined to agree with Mr. Rosenblatt that what was promised has not been delivered. Mr. Wheeler did not find any basis for changing the details of the agreement at this point. Chairman Guerette indicated that pine and spruce are, in fact, evergreens and are planted around the perimeter of field, and therefore meet the definition of an evergreen hedge as the condition stated. Mr. Masters agreed that what is proposed is consistent with the original plan. Ms. Sara Suyama, 121 Husson Avenue, and representing her mother Virginia and the Kenduskeag Neighborhood Association thanked Mr. Rosenblatt, and congratulated him on his appointment to the Planning Board. Chairman Guerette asked for a motion. Mr. Masters moved approval of the Site Development Plan for 1 College Circle. Mr. King seconded the motion. The Board voted 5 to 0 in favor of the motion approving the Site Development Plan for Husson College at 1 College Circle. Mr. Masters then moved to approve the Site Location of Development Act Modification for Husson College. Mr. Clark seconded the motion. The Board voted five in favor and none opposed to approving the Site Location of Development Act Modification for Husson College. There being no further business, the meeting was adjourned at 11:35 p.m. 18