HomeMy WebLinkAbout2003-06-03 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 3, 2003
MINUTES
Board Members Present: Richard Fournier, Chairman
David Clark
Fred Costlow
Bill Masters
John Hanson
Ryan King
Hal Wheeler
Robert Gurette
City Staff Present: Katherine Weber
David Gould
Peter Witham
Jim Ring
Chairman Fournier called the meeting to order at 7:00 p.m. The Chairman moved the
election of officers to the end of the meeting so that the applicants and their representatives
would not have to wait.
CONSENT AGENDA
Chairman Fournier asked if any Member of the Board wished to remove the item from
the Consent Agenda. As no wished to remove this item, Chairman Fournier asked for a motion.
Mr. Clark moved to approve the Consent Agenda as proposed. Mr. Costlow seconded the
motion, and the Board voted 5 in favor and 0 opposed to approve the Consent Agenda. The item
approved is the following:
Item No. 2: Site Development Plan approval to construct a one-acre vehicle and
equipment storage yard at 718 Odlin Road in an Urban Industry District.
Kevin Tilton, applicant.
PUBLIC HEARINGS
Item No. 3: To amend the Land Development Code by changing a parcel of land located
at 1434 Ohio Street from Contract Low Density Residential District to Low
Density Residential District. Said parcel containing approximately 9.62
acres. Fox Run Associates LLC, applicant. C.O. # 03-173.
Chairman Fournier opened the Public Hearing, and asked if a representative of the
applicant would make a brief presentation. Mr. Fred Marshall, of Plymouth Engineering,
representing Fox Run Associates, provided the Board with a brief history of the site. Mr.
Marshall stated that the project was intended to be a mobile home park in the early 1990’s. The
present owner would like to develop the property as a single-family subdivision, and would
therefore, like to eliminate the prior contract conditions.
Chairman Fournier asked for any other proponents. There being none, he asked for any
opponents. Mr. Francis Ellsworth, 1420 Ohio Street and an adjacent property owner, indicated
that his residence was very close to this parcel, and that he would be opposed to changing the
zoning. A change to the fencing requirement would affect his privacy given that his house is very
close to the property line.
There being no other opponents, Chairman Fournier closed the Public Hearing, and asked
for Staff comments. Planning Officer Weber indicated that the proposed change was from
Contract Low Density Residential (LDR) to straight Low Density Residential. The conditions of
the prior contract were based on the intent to build a manufactured housing development, and
included conditions relating to building size and type. As Mr. Ellsworth pointed out, the contract
included a condition that a 6-foot fence be constructed along the property line and maintained for
10 years.
Ms. Weber indicated that the current development proposal is for standard stick-built
housing. The area is indicated in the Comprehensive Plan as a low-density residential area, and
LDR is the suitable zoning designation for this parcel. Therefore, staff recommended that the
Planning Board recommend that the City Council adopt Council Order # 03-173.
Mr. Guerette asked if the fence had been constructed. Mr. Ellsworth indicated that it had
not. Mr. Guerette wondered what the setback would be for new homes to be constructed on the
proposed lots versus where mobiles might have been with a fence. Mr. Clark asked how many
mobile homes had been previously proposed. Mr. Marshall guessed that the number would be
around 40.
As there were no further questions or discussion, Mr. Guerette moved to recommend to
the City Council approval of C.O. # 03-173 - Zone Change - 1434 Ohio Street from contract
Low Density Residential District to Low Density Residential District. Mr. Costlow seconded the
motion, and the Board voted 5 to 0 to recommend approval of C.O. # 03-173.
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APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Chairman Fournier called for a motion on the Minutes of May 20, 2003. Mr. Costlow
moved approval of the Minutes of May 20, 2003 as written. Mr. Clark seconded the motion, and
the Board voted 5 in favor and 9 opposed to approving the Minutes.
NEW BUSINESS
Item No. 5: Site Location of Development Modification/Site Development Plan Approval
to build an expansion to the existing Shaw’s Supermarket located at 353
Main Street in an Urban Service District. BP Realty LLC, applicant.
Mr. Steve Sargent, PE, of Appledore Engineering, reviewed the history of the project for
the Board. The original Shaws Supermarket was constructed in 1996 as a 56,295-square foot
supermarket with a 3,712-square foot mezzanine. The store’s main entrance is off of Main Street,
and is signalized. A second entrance off of Main Street, which also provides access to the
loading docks, is unsignalized. The existing store has 236 parking spaces in front of the building,
and 24 employee spaces in the rear loading area.
Mr. Sargent explained that, to accommodate the expansion, 10 properties were acquired
and several of these properties were rezoned in 2002. The new expansion will be 9,955 square
feet, and 69 new parking spaces are proposed to be constructed.
Mr. Sargent indicated that the store would utilize existing site entrances, and will relocate
and reconstruct a portion of Hellier Street. The new development would have “B” and “C”
Buffers and parking lot landscaping to match the existing plant materials. The project would add
some new lighting, and relocate some existing light fixtures. The fixtures would be the same type
as used in the existing development.
Mr. Sargent noted that a traffic analysis was performed that indicated that there would be
no decrease in the level of service at the intersections adjacent to the project. He displayed
several cross-sections through the site to illustrate the grade differences from the store to
adjacent streets and properties.
Finally, Mr. Sargent noted that the applicant was proposing to relocate Hellier Street to
accommodate the project. Through an agreement with the City, a new roadway is proposed to be
constructed on the applicant’s property, and the old existing roadway would be removed, and the
right-of-way deeded to the applicant. Once the new road is accepted, the applicant would deed
the right-of-way to the City. This would essentially be a swap of a newly constructed portion of
Hellier Street for the old street.
Chairman Fournier asked for the Staff comments. Planning Officer Weber indicated that
the application was for Site Development Plan and Site Location of Development Modification
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approval. The minimum parking requirements were met on-site. A traffic analysis was provided
that showed no decrease in the level of service at the access intersection. She indicated that the
City is developing an agreement to formalize the relocation of Hellier Street.
Ms. Weber requested that the Board vote on each application separately. In addition,
Staff recommended that the Board condition its approval on the execution of an agreement
between the City and the applicant concerning the relocation of Hellier Street.
City Engineer, Jim Ring, indicated that the agreement described was being developed by
the City’s Legal staff. The proposed arrangement was a good deal for the City since we would
get new infrastructure, as well as, an improvement in the alignment of Hellier Street.
Mr. Clark asked whether the City or the applicant would do the road construction. Mr.
Ring indicated that the applicant’s contractor will do the construction, but the City will hold a
construction bond and inspect the work like we do for a typical subdivision project.
Mr. Costlow noted that he was very pleased to see the applicant’s attention to detail and
the City’s buffer standards. Mr. Costlow moved to approve the Site Development Plan with the
condition that an agreement between the applicant, BP Realty LLC and the City of Bangor be
executed concerning the relocation of Hellier Street. Mr. Guerette seconded the motion, and the
Board voted 5 to 0 to approve the Site Development Plan with the stated condition.
Mr. Costlow moved to approve the Site Location of Development Modification for BP
Realty with the condition that the applicant execute an agreement with the City of Bangor for the
relocation of Hellier Street. Mr. Gurette seconded the motion, and the Board voted 5 to 0 to
approve the SLODA Modification with the condition as noted in the motion.
Item No. 6: Final Subdivision Plan approval for a 23-lot subdivision located at 1434
Ohio Street in a Contract Low Density Residential District. Fox Run
Associates, applicant.
Mr. Fred Marshall, of Plymouth Engineering, representing Fox Run LLC, indicated that
the application was for Final Plan approval for Sable Ridge Subdivision, a 23-lot residential
subdivision. Three of the lots are designated as not for sale pending approval by the Department
of Environmental Protection and Army Corps of Engineers.
The property consists of 9.62 acres that will be divided into 23-lots with a minimum lot
size of 12,000 square feet each. Stormwater drainage is proposed to be handled by two detention
ponds. Construction would include the new roadway and cul-de-sac, public sewer and water, and
a storm drainage system. The City’s open space requirement is met by a combination of wetland
and upland areas around the detention ponds.
Mr. Marshall indicated that, in discussions with the DEP, wetland disturbance by the road
and detention ponds would be looked on favorably, but other wetland areas are less certain. Mr.
Costlow asked why the applicant did not get wetlands permits prior to Planning Board approval.
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Mr. Marshall indicated that they felt that wetland disturbance is not covered by the City’s or the
State Subdivision regulations, and should not be considered in their subdivision review.
Mr. Costlow stated that he would not want anyone to construe subdivision approval as a tacit
approval of the wetland filling.
Mr. Marshall indicated that the wetland rules may change, or a second delineation may
result in less wetland being delineated. Relative to the Staff’s recommended condition, Mr.
Marshall indicated that the applicant would request that construction be allowed to take place in
advance of a decision on the wetlands issues. That way, some amount of work could begin, and
some lots sales may occur this year.
Mr. Hanson surmised that changes in the wetland definitions may adversely impact the
developer. He questioned whether construction on the front of the site impacted the wetlands at
the middle of the site. Mr. Hanson stated that the Staff’s proposed condition is highly warranted
based on the uncertainty in the process.
Mr. Wheeler asked if Staff would explain “significant wetland” and what the context of
“significant” is. Planning Officer Weber indicated that on 12,000 square foot lots, an excess of
50% wetland is a significant amount. Mr. Wheeler asked what type of wetland is being
considered, and how wet is it. Mr. Marshall indicated that it was wet meadow, shrub-scrub and
some forested wetland, and not a high value wetland. He said that the DEP had no concerns with
what disturbance was proposed.
Mr. Wheeler asked what DEP’s role in wetland permitting was. Planning Officer Weber
indicated that the State used a tier system based on the type and amount of wetland being
disturbed. Ms. Weber indicated that the City has an obligation to look out for the public interest.
As examples, she indicated to insure that lot buyers will not have future drainage problems, or
that the developer’s responsibility is not passed on to lot buyers. Ms. Weber said that the
potential that the project not be completed is also a very serious concern for the City.
Mr. Wheeler read from an article in the New York Times dated January 10, 2003, that
indicated that the Bush Administration was reviewing Federal Wetland Rules based on a 2001
court ruling. The administration is seeking changes to the Clean Water Act concerning isolated
wetlands that may change permit rules for wetlands that are not adjacent to navigable waterways.
City Engineer, Jim Ring, stated that past drainage problems in residential subdivisions
have caused the City to be very cautious where lots are likely to be filled. Mr. Ring indicated
that there could be potential problems if the project were half completed, and not accepted by the
City, with houses under construction. The applicant could in a timely fashion, modify their plan
if less than what is proposed for wetland alteration is all that can be permitted. In conclusion,
Mr. Ring indicated that he supports the Staff’s condition as proposed.
Mr. Costlow noted that Mr. Wheeler’s New York Times article may not be predictive of
what may happen with Federal wetland regulations. Mr. Wheeler clarified that it was not his
opinion, but that of the New York Times article. He just wanted to bring the issue to the Board’s
attention since it is an issue in transition.
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Chairman Fournier asked Staff for comments. Planning Officer Weber stated that the
proposal is a 23-lot residential subdivision in a Contract Low Density Residential District. The
Preliminary Plan for this subdivision was approved on January 21, 2003. Ms. Weber indicated
that the plan meets ordinance requirements, and Staff recommended Final Plan approval with the
condition that no construction take place until all the necessary wetland permitting is in place
from the Department of Environmental Protection.
Mr. Costlow moved to approve the Final Plan of Fox Run Associates LLC, with the
condition as indicated in the Staff Memorandum. After a brief discussion about parliamentary
procedure, Mr. Wheeler seconded the motion. Mr. Wheeler then moved to amend the motion by
deleting the condition. Mr. Gurette seconded the motion to amend the motion, indicating he
agreed with Mr. Wheeler that wetlands were not the City’s jurisdiction.
Chairman Fournier called for a vote on the amendment. The motion failed by a vote of
2 in favor and 3 opposed. Chairman Fournier then called for a vote on the original motion. The
motion passed unanimously by a vote of 5 to 0.
Item No. 7: Final Subdivision Plan approval for a 1-lot expansion to the Burleigh Green
subdivision located at 295 Burleigh Road in a Rural Residence and
Agriculture District. Richard Greene, applicant.
Mr. Richard Greene, the applicant, indicated that he was proposing to amend his Final
Subdivision Plan that was approved in 2000 by adding one additional lot. Mr. Greene indicated
that he had a potential sale to a builder who would construct a long driveway to the buildable
portion of the lot, approximately 900 feet off of Burleigh Road.
Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the
application was to amend the minor subdivision to add one-lot to the approved subdivision plan
of Richard Greene. The lot contained 11.5 acres and over 300 feet of road frontage, which is
much more than is required in the Rural Residence and Agricultural District. Ms. Weber
indicated that Staff recommended Final Plan approval.
Mr. Guerette asked if the proposal was a flag lot. Planning Officer Weber indicated that
it was not because the proposed lot has more than the minimum amount of road frontage with 75
feet in one location and 258 feet in another location.
Mr. Clark moved to grant Final Subdivision Plan approval for Richard Greene, Burleigh
Green Subdivision, for a one-lot amendment to the existing subdivision. Mr. Guerette seconded
the motion, and the Board voted unanimously to approve the Final Subdivision Plan.
Item No. 1: Election of Officers
Chairman Fournier recommended Mr. Costlow and Mr. Guerette as Chair and Vice
Chair, respectively. Mr. Costlow nominated Mr. Fournier to continue in the position of
Chairman given the excellent job he has been doing. Mr. Guerette indicated that he supported
Mr. Fournier continuing on as Chairman. Mr. Fournier indicated that he would be happy to stay
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on in the role as Chairman, but was open to anyone else having a turn at it. Mr. Wheeler
indicated that he would be delighted to have Mr. Fournier serve for another year. The entire
Board voted to elect Richard Fournier as Chairman for another term.
Mr. Wheeler nominated Mr. Fred Costlow as Vice Chairman. Mr. Guerette seconded the
motion. The Board voted unanimously (5 in favor and 0 opposed) to elect Fred Costlow as Vice
Chairman.
OTHER BUSINESS
Mr. Wheeler noted that he appreciated the distribution of the comments from the
workshop “Begin With Habitat.”
ADJOURNMENT
As there was no further business to come before the Board, Chairman Fournier called for
a motion to adjourn. Mr. Hanson moved to adjourn. Mr. Guerette seconded the motion. The
meeting was adjourned at 8:32 p.m.
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